NO. 148. AN ACT RELATING TO CAPITAL APPROPRIATIONS AND STATE BONDING.
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Appropriations * * *
Sec. 1. STATE BUILDINGS
(a) The sum of $1,535,000 is appropriated to the department of buildings and general services for:
(1) Bennington, option to purchase downtown property for state
office building or use by private parties, subject to conditions provided by
subsection (c) of this section: 600,000.
(2) Hyde Park, purchase 10 Main Street property: 200,000.
(3) Middlesex, general services facility, separate wastewater streams:
(4) Springfield, Massachusetts, Eastern States Exposition Building,
(5) Statewide activities:
(A) Building reuse: 100,000.
(B) Contingency fund: 500,000.
(C) Planning: 35,000.
(b) The sum of $7,950,000 is appropriated to the department of buildings and general services for:
(1) Barre, McFarland House, phase one renovations.
(2) Bennington, state office building, replace air handling systems.
(3) Essex, agency of natural resources regional office, construct an addition.
(4) Montpelier, 133 State Street, phase one renovations.
(5) Montpelier, follow-up 1999 study of child care space, subject to provisions of subsection (d) of this section, in the amount of $15,000.
(6) Montpelier, State House, Senate chamber restorations, including sconce, furniture, window treatment, chandelier and other light fixtures, in the amount of $150,000.
(7) Waterbury, State Complex:
(A) Agricultural and environmental laboratory, repair indoor moisture handling systems.
(B) Electrical loop and generator system, improvements.
(8) Statewide, major maintenance.
(9) Montpelier, parking structure. The commissioner of buildings and general services is authorized to begin the design and engineering of a parking structure on state-owned property located behind the Thrush Tavern. The structure shall provide spaces for approximately 200 automobiles, and shall be engineered to accommodate the future construction of office and retail commercial space on upper levels and for expansion onto property owned by Vermont Mutual Insurance Company.
(c) Bennington, property purchase option.
(1) Prior to exercising a purchase option as authorized by subdivision (a)(1) of this section, the commissioner of buildings and general services shall renegotiate the purchase price. In negotiating the purchase price the commissioner shall determine its appraised value as determined by a certified appraiser retained for this purpose by the commissioner. The commissioner is authorized to use funds to consummate this transaction if necessary from the appropriations of this section.
(2) Subject to subdivision (1) of this subsection, the commissioner is authorized, with the approval of the secretary of administration, to purchase and renovate sufficient space in downtown Bennington to alleviate the crowding at the current state office building, and to allow for the planned growth of government services in the region.
(3) The property shall be used for state or private purposes. The department shall assess each state or private occupant a fee to assist with operation and maintenance of the building plus related costs, including deferred maintenance. Such fees shall be deposited into a special fund for use by the department to construct office space approved by the general assembly.
(d) Child care space. The commissioner of buildings and general services, in consultation with the commissioner of personnel and staff of the legislative council, shall follow-up the 1999 study of the feasibility of making state-owned space in Montpelier available for child care for state employees. A report of such follow-up activity shall be presented to the house and senate committees on appropriations and on institutions by January 15, 2001, and shall include:
(1) survey of detailed information concerning usage, hours and ages of children;
(2) design of program to accommodate anticipated child care population, including recreational activities, in collaboration with potential users, the Vermont State Employees Association and the departments of personnel and of social and rehabilitation services; and
(3) based on the anticipated population and program:
(A) estimate cost of using the building at 9 Baldwin Street, including maintenance; and
(B) the administrations fiscal year 2002 budget proposal may include an operational and capital budget request for the operation of the facility, developed in consultation with the state Labor-Management Child Care Committee and the department of social and rehabilitation services.
(e) State House, Senate chamber. A three-person committee is established, consisting of Polly Billings of Woodstock, Arthur Williams of Fayston and Lola Aiken of Montpelier to assist with restoration of the Senate chamber. The committee shall be responsible for researching and reviewing proposed samples of new carpet for installation in the Senate chamber. The committee shall recommend by unanimous vote to the legislative advisory committee on the State House for its final approval a specific carpet pattern and color scheme. The legislative advisory committee on the State House may accept or reject, but not change, the carpet recommendation. The three-person committee shall be entitled to per diem and expenses compensation pursuant to section 1010 of Title 32. Legislative council staff shall provide the three-person committee with administrative assistance.
(f) State House, interactive television. From the appropriation for subsection (b) of this section, $30,000 shall be available to the legislative council to purchase equipment and install infrastructure necessary to establish and make operational interactive television in Room 10 and Room 11 of the State House. Pending the development by the joint rules committee of a protocol for use of the State House interactive television equipment, the house and senate rules committees shall govern access to and use of the equipment during the legislative session, and the sergeant at arms shall govern such access and use when the legislature is not in session.
(g) State House, Civil War flags. The commissioner of buildings and general services is authorized to enter into an agreement with the Pamplin Historical Park and the National Museum of the Civil War Soldier, of Petersburg, Virginia (the museum) which shall provide for the loan to the museum of the Civil War flags on display in the State House, in return for which the museum shall at no cost restore such flags, subject to the approval of the terms of such agreement by the legislative advisory committee on the State House.
(Total Appropriation Section 1 $9,485,000)
Sec. 2. HUMAN SERVICES
(a) The following sums are appropriated to the department of buildings and general services for the agency of human services for the department of corrections:
(1) South Burlington, Chittenden Community Correctional
Facility, sprinkler system improvements: 325,000.
(2)(A) To establish a vocational training program for offenders
in the custody of the commissioner of corrections who have the potential
to work upon their release from such custody in construction and other
trades, and industries, existing in this state: 45,000.
(B) To develop and implement a public-private partnership
and marketing plan at the correctional industries sites at facilities in
Newport, Springfield and Waterbury: 65,000.
(b) Single parents facing incarceration. The secretary of human services shall study the feasibility of contracting for services for single parents facing incarceration to enable such parents and their children to remain together while the parents are serving a sentence, including furlough. The program shall focus on single parents who have demonstrated a desire to improve their lives, including the desire to acquire employable skills. All participants shall be required to spend a minimum of one year in the program. The program shall provide wrap around services as an integral part of individual treatment plans. Program goals shall include other requirements of the department of corrections. In conducting the study, the secretary shall explore whether such offenders are Medicaid eligible for any medical or substance abuse programs. In carrying out the study, the secretary shall consult with the Vermont State Employees Association and invite the association to participate in the study. The secretary shall report study findings and recommendations to the governor, who is hereby authorized to proceed with such a program.
(c) Furlough program task force.
(1) A task force is hereby created to study the furlough program and the issues associated with it, including funding, staffing, community impact, offender reintegration and placement, public and staff safety, and furlough eligibility.
(2) The task force shall consist of three members of the Corrections Bargaining Unit of the Vermont State Employees Association (VSEA), three representatives of the department of corrections selected by the commissioner of corrections, one law enforcement officer selected by the Vermont Sheriffs Association, one representative selected by the Vermont State Police Unit of the VSEA, one representative from the defender generals office, one representative from the judiciary selected by the administrative judge, and one person representing victims selected by the commissioner of corrections.
(3) The task force shall meet no more than ten times, and it may seek public testimony.
(4) The department of corrections shall provide the task force with administrative support. Task force members who are not state employees shall be entitled to per diem and expense reimbursement pursuant to section 1010 of Title 32. The task force shall report its findings and recommendations to the house and senate committees on institutions by January 15, 2001.
(Total Appropriation Section 2 $435,000)
Sec. 3. STUDY; DETENTION OF YOUTH
The commissioners of corrections and of social and rehabilitation services, in consultation with the defender general and the court administrator shall develop a plan addressing 16 and 17-year old persons charged with or convicted of crimes, and in need of temporary detention, but not eligible for placement at the Woodside Juvenile Rehabilitation Center or for incarceration at an adult correctional facility. The commissioners shall, by January 15, 2001, report their findings and recommendations to the house and senate committees on appropriations, institutions and judiciary.
Sec. 4. JUDICIARY
(a) The sum of $750,000 is appropriated to the department of buildings and general services for the judiciary for:
(1) Hyde Park, Lamoille courthouse, repair of slate roof and assist with construction and paving of county parking lot: 25,000.
(2) North Hero, Grand Isle courthouse, installation of energy-
efficient windows, subject to approval by the division for historic
preservation, and court room lighting: 25,000.
(3) Rutland, Rutland courthouse, subject
to provisions of subsection (b) of this section: 100,000.
(4) St. Johnsbury, Caledonia courthouse:
(A) Fit-up: 100,000.
(B) Construction supplement: 500,000.
(b) The commissioner of buildings and general services shall review the proposed design and construction plans, and fit-up of the Rutland courthouse and, because of the substantially increased projected cost, the commissioner shall to the extent necessary redesign and reconsider fit-up proposals to bring the total project cost to within ten percent of the $9,000,000 represented to members of the 1999 general assembly as the approximate total cost of the project. Design and construction plans and the proposed budget shall include a presence to facilitate courthouse security and related court services, but not otherwise to house the Rutland County Sheriffs Department.
(Total Appropriation Section 4 $750,000)
Sec. 5. COMMERCE AND COMMUNITY DEVELOPMENT
(a) The sum of $180,000 is appropriated to the department of buildings and general services for the agency of commerce and community development for:
(1) Major maintenance, all historic sites: 100,000.
(A) Calais, Kents Tavern: 50,000.
(B) Lake Champlain, underwater preserves: 10,000.
(3) To erect historic site markers pursuant to section
2472a of Title 3: 20,000.
(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 individual grants, 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
(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: 100,000.
(Total Appropriation Section 5 $380,000)
Sec. 6. GRAND ARMY OF THE REPUBLIC
(a) The commissioner of buildings and general services shall contract with a qualified person to identify remaining sites in the state once owned or used by the Department of Vermont of the Grand Army of the Republic, or any of its chapters. The commissioner is authorized to use up to $1,000 in funds appropriated by this act to the department of buildings and general services for the purposes of this section.
(b) Notwithstanding any other provision of law to the contrary, the secretary of transportation, in consultation with the commissioner of buildings and general services, shall no later than September 1, 2000, install and maintain roadside signs at each intersection of the Grand Army of the Republic Highway, Vermont Route 15, with another Vermont or U.S. designated highway. No fee shall be charged and no permit shall be required by any state or municipal entity to replace, install or maintain such signs.
Sec. 7. DIRECTIONAL SIGNS TO CHESTER ARTHUR HISTORIC SITE
Notwithstanding any other provision of law to the contrary, the secretary of transportation shall, no later than September 1, 2000, install and then maintain ten official business directional signs with white letters on a brown background for the state-owned President Chester A. Arthur Memorial: two on Vermont Route 104 at the intersection of Route 36 and Route 104 in the town of St. Albans, two on Vermont Route 36 at the intersection with Vermont Route 36 and North Road in the town of Fairfield, two on North Road at the intersection with Chester Arthur Road in the town of Fairfield, two on Route 108 at the intersection of the Chester Arthur Road in the town of Bakersfield, and two on Vermont Route 105 at the intersection of Vermont Route 105 and the intersection of the Fairfield-Sheldon Road.
Sec. 8. VERMONT HISTORICAL SOCIETY
The sum of $575,000 is appropriated to the Vermont Historical Society to assist with the capital fund raising effort of the Society, in support of improvements to the Spaulding Graded School Building in Barre, renovations to the Pavilion Building in Montpelier, and Vermont history exhibitions and interactive classrooms.
(Total Appropriation Section 8 $575,000)
Sec. 9. VERMONT ARTS COUNCIL
The sum of $50,000 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 for projects which in total amounts are equal for each county of the state. In awarding individual grants, 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 for:
(1) State assistance to communities and school districts
with school construction pursuant to provisions of Title 16: 9,000,000.
(2) Grand Isle Supervisory Union, study the establishment
of a high school or middle school serving the islands: 25,000.
(b) Sums are appropriated to the department of buildings and general services in the following amounts for:
(1) Brattleboro, Austine School for the Deaf and Hard-of-Hearing,
building improvements: 75,000.
(2) Burlington, Baird Center, capital improvements: 175,000.
(3)(A) North Country Career Center facility, subject to provisions
of Sec. 11 of this act: 70,000.
(B) Chittenden County, independent Burlington and Essex
vocational-technical center, continue feasibility study, subject to
provisions of Sec. 12 of this act: 70,000.
(c) Notwithstanding any provision of law requiring newspaper publication of a pending municipal vote on incurring bonded indebtedness to make certain school building improvements, the March 7, 2000 annual meeting of the Winooski Incorporated School District and all actions taken at said annual meeting relating to the proposed school building improvements are hereby confirmed and validated, and any failure to comply with publication requirements are hereby waived.
(Total Appropriation Section 10 $9,415,000)
Sec. 11. NORTH COUNTRY CAREER CENTER
(a) The funds appropriated by Sec. 10(b)(3)(A) of this act to the department of buildings and general services for use by the North Country Career Center (NCCC) governance board may be released for use as provided by this section only upon the certification by the commissioner of education that a satisfactory memorandum of agreement between the NCCC governance board, the North Country Union High School Board and any other signatories has been executed, or that the provisions of this section otherwise will be satisfied. The NCCC governance board periodically shall keep the following informed of its efforts: the North Country Union High School Board and other high school boards within the service region, the commissioner of education, the human resources investment council, any other state or local agencies which may provide services in the center, and the Vermont Technical College of the Vermont State Colleges. The department of buildings and general services shall provide technical oversight of the project to ensure that it is developed within space and fit-up standards developed by the commissioner of buildings and general services, based on any input provided by the commissioner of education.
(b) The NCCC governance board shall report on or before January 15, 2001 to the Vermont state board of education, the human resources investment council, the high school boards within its service region, and the house and senate committees on institutions and on education on the success of its governance model and any recommendations for changes.
(c) The NCCC governance board shall conduct its planning functions, and any governance functions it has been delegated, in accordance with the terms of this section, the waiver granted to it by the commissioner of education pursuant to Sec. 18 of Act No. 138 of the Acts of 1997 (Adjourned Session), and the memorandum of agreement executed with the North Country Union High School Board.
(d) The NCCC governance board shall submit to the commissioner of education by August 15, 2000, for review and approval, the technical education programs it intends to offer at the new facility and the educational specifications therefor. Further, the NCCC governance board, by January 15, 2001, shall submit to the commissioner of education, the human resources investment council, the senate and house committees on institutions and on education, and the high school boards within its service region:
(1) proposed site selection for the technical center facility, preliminary drawings, and the estimated cost of construction;
(2) proposed start-up and long-term budgets for the new technical education facility, addressing staffing, professional development, equipment needs, and any potential fiscal relationship between itself and the North Country Union High School;
(3) a draft host-tenant agreement for all colocators addressing all necessary subjects;
(4) to the extent the NCCC governance board proposes that technical education students at the new facility be permitted to graduate therefrom, proposed graduation requirements; and
(5) jointly with the North Country Union High School Board, recommendations for disposition of the existing technical center facility.
(e) The NCCC governance board may collaborate with the Chittenden County Workforce Investment Board to conduct and fund joint studies.
Sec. 12. CHITTENDEN COUNTY TECHNICAL ACADEMY
(a) The funds appropriated by Sec. 10(b)(3)(B) of this act to the department of buildings and general services shall be used by the Chittenden County Workforce Investment Board (CCWIB), in the boards discretion after consulting with the Vermont Technical College of the Vermont State Colleges, to complete Phase II of its feasibility study for a stand-alone comprehensive technical academy and workforce development center to serve youth and adult learners in the Chittenden County area. CCWIB may contract with the Lake Champlain Regional Chamber of Commerce (LCRCC) to provide administrative support. The department of buildings and general services shall provide technical oversight of the project to ensure that it is developed within space and fit-up standards developed by the commissioner of buildings and general services, based on any input provided by the commissioner of education.
(b) The CCWIB Phase II study shall consist of:
(1) the development of a new governance model;
(2) a recommendation on an appropriate funding mechanism;
(3) a proposed operating budget;
(4) recommendations on site location following a site selection process conducted in consultation with the department of buildings and general services; and
(5) development of proposed agreements with colocation and other partners.
(c) The CCWIB may contract with the LCRCC to provide administrative support, and the CCWIB may collaborate with the North Country Career Center to conduct and fund joint studies.
(d) The CCWIB shall report its findings and recommendations to the house and senate committees on education and on institutions by January 15, 2001.
Sec. 13. UNIVERSITY OF VERMONT
The sum of $3,165,000 is appropriated to the department of buildings and general services for the University of Vermont, Burlington campus, to renovate the Perkins Building.
(Total Appropriation Section 13 $3,165,000)
Sec. 14. VERMONT STATE COLLEGES
The sum of $1,080,000 is appropriated to the department of buildings and general services for the Vermont State Colleges, all campuses, for major maintenance.
(Total Appropriation Section 14 1,080,000)
Sec. 15. NATURAL RESOURCES
(a) The sum of $2,015,000 is appropriated to the agency of natural resources for:
(1) Dam maintenance and reconstruction, various locations: 350,000.
(2) The department of fish and wildlife:
(A) Buck Lake Conservation Camp, water supply
(B) Kehoe Conservation Camp, electrical improvements and
land purchase: 100,000.
(3) The department of forests, parks and recreation:
(A) Colchester, Malletts Bay, new state park,
(B) Various state parks, infrastructure improvements: 1,015,000.
(4) Lean-to shelters in state parks, construction, using
only native Vermont materials, by the Vermont Youth Conservation
(5) The secretary of natural resources shall, by December 1, 2000, revise subchapter 7 of chapter 1 of the Small Scale Wastewater Treatment and Disposal Rules after consulting with representatives of the Vermont Private Campground Owners Association, and taking into consideration the revised minimum standards and justification therefore of 50 gallons per day required by the State of New York, and 60 gallons per day required by both the State of New Hampshire and the State of Maine.
(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
(2) Bennington, assistance with municipal sewer extension, as
a supplemental one-time grant: 25,000.
(c) Subject to the conditions of subsection (d) of this section, 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, and to assist with the Lamoille and Winooski Valley Long
Trail relocation projects, all as approved by the secretary of natural
resources. Any bridge or bridges constructed attendant to such trail
relocation may be named in honor of Robert T. Gannett, former State
Representative of Brattleboro and State Senator of Windham County,
and former chair of the senate committee on institutions, and in honor
of Sarah Alden Gannett, in recognition of their joint efforts to commit
state and personal financial resources to ensure the permanent
protection of the Long Trail in Vermont: 325,000.
(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.
(Total Appropriation Section 15 $3,965,000)
Sec. 16. EXPANSION OF NORTHWEST STATE CORRECTIONAL FACILITY
(a) The commissioner of buildings and general services is authorized to undertake the activities specified by this section, and for these purposes use funds from any appropriation in this act to the department of buildings and general services:
(1) A study of the feasibility of expanding the Northwest State Correctional Facility in St. Albans Town. In conducting the study, the commissioner of buildings and general services shall consult with the Town of St. Albans and seek its cooperation with the study.
(2) Assistance to the Town of St. Albans in conjunction with the agency of natural resources in developing a feasible method of providing municipal sewage treatment capacity to existing developed and occupied sites immediately adjacent to the shore of Lake Champlain from the town line of Swanton south to the town line of Georgia.
(3) Repair of any deficiency in the existing sewage treatment system serving the Northwest State Correctional Facility in St. Albans Town.
(b) The secretary of natural resources shall work with the Town of St. Albans in reducing the pollution of Lake Champlain by assisting with a study of financially feasible alternative methods of providing for wastewater disposal from existing developed and occupied sites along the shore of Lake Champlain from the town line of Swanton south to the town line of Georgia, and shall report findings and recommendations by January 15, 2001 to the house and senate committees on institutions.
Sec. 17. MILITARY
The sum of $327,822 is appropriated to the military department for:
(1) St. Albans Armory and Camp Johnson, boiler replacements:
(2) Northfield Armory, utility improvements: 95,000.
(3) Roof improvements, Enosburg Armory, Camp Johnson
Number Two, and various other facilities: 114,822.
(4) Install quick connect generator transfer switches, various
facilities; the appropriation shall be used at the following facilities in
approximately the amounts indicated: Berlin Armory, $12,500;
Rutland Armory, $15,500; St. Albans Armory, $12,500; and Williston
Armory, $12,500: 53,000.
(Total Appropriation Section 17 $327,822)
Sec. 18. VERMONT VETERANS HOME
The sum of $221,455 is appropriated to the department of buildings and general services for the Vermont Veterans Home in Bennington for renovation and modernization of B and C Wings.
(Total Appropriation Section 18 $221,455)
Sec. 19. PUBLIC SAFETY
(a) The sum of $795,000 is appropriated to the department of buildings and general services for the department of public safety for:
(1) Brattleboro, state police barracks, Vermont Route 9,
(2) Derby, public safety facility, to supplement the
appropriation of Sec. 16(a)(1) of Act No. 29 of the Acts of 1999,
for purposes contained in the February 9, 2000 proposal submitted
to the general assembly by the department of buildings and general
services and on file with the legislative council. This appropriation
shall be used only for construction and fit-up, and not for the
purchase of equipment: 775,000.
(b) The sum of $250,000 is appropriated to the department of buildings and general services for the department of public safety for the digital replacement of the existing analog microwave system serving state and local government, to supplement funding for the same purpose by H.842 of the 1999 Adjourned Session, provided further that $165,000 of this appropriation shall be used for a police emergency mutual aid communications system pursuant to the specifications of subsection (d) of this section.
(c) Notwithstanding any provision of law to the contrary, the Vermont enhanced 911 board, and its vendors, shall provide or make available to the Vermont emergency management division (VEM) of the department of public safety its E-911 database, and regular updates thereto, as requested, for the purpose of developing an early warning system for hazards and public safety emergencies. The information provided to VEM shall remain confidential, but may be used as necessary to implement and utilize such warning system.
(1) An eight-person committee is created to develop and implement by August 1, 2000 a cost-effective plan with clearly identified funding sources for the implementation of an early warning system for hazards and public safety emergencies using the E-911 database, and to ensure that the information in the E-911 database remains confidential, unless otherwise disclosed consistent with the provisions of this subsection. The members of such committee shall be the commissioner of public safety, the director of VEM, the commissioner of public service, the attorney general and the chair of the E-911 board, or their designees; a representative of the telephone industry serving Vermont selected by the chair of the public service board; and the chairs of the house committees on commerce and on government operations, or their designees. Legislative members shall be entitled to per diem and expense compensation for attending committee meetings as provided by section 406 of Title 2.
(2) The E-911 board shall by September 1, 2000 promulgate rules, pursuant to section 7059 of Title 30, for the purpose of ensuring data confidentiality, establishing data transfer procedures, and billing.
(3) The commissioner of public safety shall by October 1, 2000 promulgate rules, pursuant to chapter 25 of Title 3, prescribing internal procedures to ensure that the information used to implement the early warning system authorized by this subsection remains confidential, is not disclosed or used for any other purpose other than the implementation and utilization of such early warning system and is utilized only by VEM. These rules shall incorporate the E-911 board rules regarding confidentiality and shall include measures to strictly control any outside contractors used to develop the early warning system who might have access to the E-911 database. Violations of these rules shall be subject to enforcement and penalties under section 7061 of Title 30.
(4) VEM shall prepare a record of all activities involving the E-911 database, including all backups, all updates, all maintenance, and all call outs. A copy of this record shall be submitted to the E-911 board and the House committees on commerce and government operations on a quarterly basis.
(5) All contracts with outside contractors shall include the following language:
(A) the contractor or their contractors, agents or representatives shall not utilize the databases prepared under this contract for any purpose other than for providing an early warning system for hazards and public safety emergencies for the state of Vermont; and
(B) on termination of this contract the contractor, shall perform a complete data transfer back to VEM of all input data.
(d) Police emergency mutual aid communications system. The department of public safety shall:
(1) install a repeater to provide enhanced effective radio coverage in northern Essex County for the Vermont state police which is not expected to be improved by the additional transmitters to be purchased with federal financial assistance to facilitate communications between Vermont and New Hampshire law enforcement;
(2) install in each department of public safety vehicle assigned to the Derby and St. Albans offices and the Alburg outpost, not already so equipped, a two-way radio capable of communicating with the U.S. Border Patrol and state and federal fish and wildlife service, and the New Hampshire and New York state police, including a mutual aid frequency; and
(3) install additional cross link transmitters or repeaters to enable communication between Vermont and federal law enforcement agencies in the Derby, St. Albans, Alburg and Canaan areas.
(Total Appropriation Section 19 $1,045,000)
Sec. 20. LAW ENFORCEMENT AND FIRE TRAINING COUNCILS
The sum of $200,000 is appropriated to the department of buildings and general services for:
(1) Pittsford, Vermont criminal justice training council, for:
(A) Firing range, improvements: 40,000.
(B) White Cottage, renovations: 120,000.
(2) Pittsford, Vermont fire service training council, for training
(Total Appropriation Section 20 200,000)
Sec. 21. VERMONT PUBLIC TELEVISION
The sum of $375,000 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 21 $375,000)
Sec. 22. VERMONT PUBLIC RADIO
The sum of $50,000 is appropriated to the department of buildings and general services for Vermont Public Radio.
(Total Appropriation Section 22 $50,000)
Sec. 23. AGRICULTURE; GRANTS
The sum of $1,200,000 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 23 $1,200,000)
Sec. 24. MUNICIPAL DRY HYDRANTS; GRANTS
The sum of $100,000 is appropriated to the department of buildings and general services for dry hydrant grants to municipalities. Grants 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 this section.
(Total Appropriation Section 24 $100,000)
Sec. 25. 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) Library projects; no local funding match shall be required:
(1) Barnet; library and historical society: 5,300.
(2) Bristol: 10,000.
(3) Island Pond: 17,500.
(4) Newbury: 10,000.
(5) Reading: 25,000.
(6) Richmond: 40,000.
(7) Williamstown: 10,000.
(8) Woodstock: 15,000.
(b) Library project; the following sum appropriated shall be made available when evidence is presented to the commissioner that $0.50 has been raised from nonstate sources, which may include in-kind contributions, for each dollar appropriated; Newport City, Goodrich Library: 50,000.
(c) Library projects; each sum appropriated by this subsection shall be made available when evidence is presented to the commissioner that $1.00 has been raised from nonstate sources, which may include in-kind contributions, for each dollar appropriated:
(1) Essex Junction, Brownell Library: 50,000.
(2) Peacham: 25,000.
(d) Other types of projects; no local funding match shall be required:
(1) Arlington, Community Hall: 3,500.
(2) Bakersfield, Historical Society: 6,000.
(3) Barre, opera house: 40,000.
(4) Barre, Studio Place Arts: 30,000.
(5) Bellows Falls, opera house: 35,000.
(6) Bennington, historic police station: 40,000.
(7) Berkshire, Historical Society: 2,000.
(8) Brattleboro, Robert H. Gibson River Garden park: 150,000.
(9) Burlington, Firehouse arts center: 25,000.
(10) Burlington, fishing pier: 10,000.
(11) Burlington, Good News Garage: 20,000.
(12) Burlington, Heineberg senior center: 15,000.
(13) Cambridge, Greenway: 4,500.
(14) Colchester Town, Rossetti Natural Area, master plan: 15,000.
(15) Colchester, Vermont Veterans Militia Museum: 10,000.
(16) Derby, Coutts Moriarty 4 H Camp: 10,000.
(17) Derby, Indoor Recreation Center of Orleans County, Inc.: 20,000.
(18) Derby, Rock Island, Haskell library-opera house: 100,000.
(19) Enosburg Falls, Historical Society: 6,000.
(20) Fairfax, Historical Society: 20,000.
(21) Fairfield Historical Society, President Arthur display: 45,000.
(22) Ira, Meeting House: 10,000.
(23) Island Pond, Northern Counties Health Care, Inc.: 50,000.
(24) Lemington Town, historic school, on the condition that the
appropriation be spent only with the prior approval of division for
historic preservation: 10,000.
(25) Middlebury, elderly services: 50,000.
(26) Milton, family community center: 40,000.
(27) Montpelier, Pyralisk Center: 10,000.
(28) Newport, Historical Society display, in state office building: 10,000.
(29) North Hero, Champlain Islands Chamber of Commerce,
Tudhope House, handicap access: 20,000.
(30) Randolph, Greater Randolph Senior Center: 25,000.
(31) Richford, Historical Society: 6,000.
(32) Rockingham, Connecticut River heritage center: 39,000.
(33) Rutland, County Adult Court Diversion Project: 20,000.
(34) St. Johnsbury, Town of St. Johnsbury and the St. Johnsbury
Athenaeum, to jointly study parking in historic district: 40,000.
(35) Underhill, Maple Leaf Farm: 100,000.
(36) Washington Town, community center: 20,000.
(37) Waterbury, Ice Center: 10,000.
(38) Waterbury, Korean-Vietnam war monument: 5,000.
(39) West Salisbury, Columbus Smith Estate Trust, Inc.,
Shard Villa: 10,000.
(40) West Rutland Town, community center: 15,000.
(41) Windham, meeting house: 10,000.
(42) Windsor, Rueben Dean house: 10,000.
(e) Other projects; sums appropriated shall be made available when evidence is presented to the commissioner that $1.00 has been raised from nonstate sources, which may include in-kind contributions, for each dollar appropriated:
(1) Manchester, Northshire Museum, Historical Center: 15,000.
(2) Morrisville, Lamoille County recreation center: 50,000.
(3) Mount Holly Town, Community Center: 15,000.
(4) Underhill Town, cultural facility: 2,000.
(Total Appropriation Section 25 $1,456,800)
* * * Financing This Act * * *
Sec. 26. REALLOCATION OF FUNDS
The following sums are reallocated to the department of buildings and general services to defray expenditures authorized by the appropriations of this act:
(1) $4,758 appropriated in Sec. 7(a)(6)(B) of Act No. 59 of the Acts of 1993 (Readsboro Garage Replacement).
(2) $61 appropriated in Sec. 11 of Act No. 62 of the Acts of 1995 (Vermont Educational Television).
(3) $3 appropriated in Sec. 10(a)(3) of Act No. 62 of the Acts of 1995 (Vermont State Colleges).
(4) $23,851 appropriated in Sec. 13 of Act No. 185 of the Acts of 1995 (Adjourned Session) (Vermont Veterans Home).
(5) $49,800 appropriated in Sec. 3 of Act No. 62 of the Acts of 1997 (Capitol Complex Parking Facility).
(6) $48,354 appropriated in Sec. 20 of Act No. 62 of the Acts of 1997 (Vermont Veterans Home).
(7) $149,250 appropriated in Sec. 15 of Act No. 148 of the Acts of 1997 (Adjourned Session) (Vermont Veterans Home).
(Total Reallocation Section 26 $276,077)
Sec. 27. 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 $34,000,000 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 27 $34,000,000)
* * * Managing this Act * * *
Sec. 28. 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. 29. 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. 15(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 $50,000, or with the additional approval of the emergency board when such a balance exceeds $50,000.
(2) The commissioner of buildings and general services may use monies from the contingency fund appropriation of Sec. 1(a)(5)(B) 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. 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.
(c) Military. The adjutant general, with the approval of the secretary of administration, may transfer any unexpended project balances between projects authorized by Sec. 17 (military department) of this act.
Sec. 30. SPENDING AND BONDING AUTHORIZATION; VERMONT
In conformity with subsection 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. 31. GRANT ACCEPTANCE
(a) Notwithstanding section 5 of Title 32 (acceptance of grants):
(1) 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.
(2) 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 subsection 4760(a) of Title 24.
(3) The commissioner of buildings and general services, with the approval of the secretary of administration, is authorized to accept 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) 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. 32. EXEMPTION FROM FEES
Notwithstanding any other provision of law, the department of buildings and general services, the 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 for which funds are authorized by this and any previous or future capital construction act.
* * * Real Property and Other Financial Transactions * * *
Sec. 33. SOCIAL SERVICES QUARTERS; HARDWICK
The commissioner of buildings and general services shall, in collaboration with the secretary of human services and the Hardwick selectboard, identify a building in Hardwick available and feasible for use in colocating public social services agencies. For this purpose, the commissioner shall consult with the Community Investments of South Strafford. The commissioner shall report findings and recommendations from the inquiry to the house and senate committees on institutions and on appropriations by January 15, 2001.
Sec. 34. PURCHASE PROPERTY; HYDE PARK
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 10 Main Street in Hyde Park referred to as the Kengar Building, using funds authorized by Sec. 1(a)(2) of this act.
Sec. 35. FORESTS, PARKS AND RECREATION
The commissioner of forests, parks and recreation is authorized:
(1) To relinquish ownership via quit-claim deed of a certain portion of a
right-of-way in Roxbury State Forest acquired by the department from Stephen and Robin Twombly in Roxbury, Vermont. This portion of the states right-of-way is now considered obsolete, and has been replaced with alternative access acquired from the Twomblys by the department in a new location that provides superior access to the Roxbury State Forest.
(2) To enter into an exchange of land and interests in land with the A. Johnson Company whereby the state shall convey to the A. Johnson Company a portion of state-owned property, in exchange for land or rights in land owned by the A. Johnson Company. The appraised value of land interests in land conveyed to the state by the A. Johnson Company shall be equal to or greater than the appraised value of land or interests in land conveyed by the state to the A. Johnson Company.
(3) To lease approximately 15 acres plus access in the Woodford State Park in the Town of Woodford to the Woodford Snobusters Snowmobile Club, Inc. (Club) for purposes of constructing an equipment storage and maintenance facility, subject to the following conditions:
(A) The Club shall be responsible for and shall bear the entire cost of all design, permits, construction and operation of the facility.
(B) The facility shall be owned by the state of Vermont and leased back to the Club with the 15 acres, more or less, for up to 25 years with an automatic option to renew.
(C) Prior to commencement of construction, the Club shall pay $30,000 to the state of Vermont toward the cost of constructing a public picnic shelter at the park.
Sec. 36. SALE OF PROPERTY; MIDDLEBURY
Notwithstanding section 104 of Title 29 and Sec. 30 of Act No. 148 of the Acts of 1997 (Adjourned Session), the commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to negotiate the sale of the 6.1-acre parcel of land at the Marble Works Complex in Middlebury for a price of not less than $275,000. Proceeds from the sale shall be used to defray expenditures authorized in a future capital construction act.
* * * Capital Construction Act Amendments * * *
Sec. 37. Sec. 2 of Act No. 29 of the Acts of 1999 is amended to read:
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 $4,000,000 of the additional appropriation from proceeds of bonding authorized during the second half of the 1999-2000 legislative session, and the remaining $2,000,000 from proceeds of bonding authorized during the 2001 legislative session.
Sec. 38. Sec. 267c(3) of Act No. 62 of the Acts of 1999 is amended to read:
(3) To the department of *[
corrections]* buildings and general services for the nonfederal share of the construction of a new 350-bed facility. This appropriation is made consistent with the conditions described in Sec. 267(1) of this act; $7,000,000
Sec. 39. Sec. 5(a)(2) of Act No. 148 of the Acts of 1997 (Adjourned Session) is amended to read:
(2) Plymouth Notch, Historic District; of the total
appropriation, up to $218,000 shall be used to purchase the
Plymouth Notch Cheese Factory, including fixtures, and possibly
its cheese formula, and to replace an oil storage tank; the
remaining appropriation amount may be used to plan and undertake
improvements to the sewer and water systems serving the historic
district, including handicapped accessibility improvements. The*[
preservation may develop a marketing plan and enters into an
operating agreement with a third party for operation *[
or sale]* of
the cheese factory, *[
which shall be completed by the]* or sale of
Vermont-made cheese at the site. The department of housing and
, in consultation with the departments of]*
house and senate committees on institutions upon execution of a
third-party operating agreement as authorized by this subdivision: $250,000.
Sec. 40. Sec. 1(d) of Act No. 185 of the Acts of 1995 (Adjourned Session), as amended by Sec. 41 of Act No. 62 of the Acts of 1997, is amended to read:
(d) The commissioner of *[
state]* buildings and general services is authorized to enter into multi-year contracts with energy service companies for energy efficiency and fuel switching improvements to state facilities, the cost of which will be recovered through the avoided fuel, utility, operating and maintenance costs resulting from the improvements. Improvements must within ten years achieve savings sufficient to cover their costs. The total cost of all improvements undertaken pursuant to this subsection shall not exceed $1,000,000. All contracts shall be approved by the emergency board. *[ The commissioner shall report annually to the house and senate institutions committees on the status of contracts undertaken under this subsection.]*
Sec. 41. Sec. 1(a)(5)(F) of Act No. 58 of the Acts of 1993 is amended to read:
(F) state buildings contingency fund;
* * **[
* * * Administration of State Buildings; Amendments * * *
Sec. 42. 29 V.S.A. § 105 is amended to read:
§ 105. RENTAL OF STATE PROPERTY TO VETERANS' ORGANIZATIONS
The commissioner of buildings and general services is hereby authorized to lease to national veterans' organizations, with established central offices in this state, the first floor of the Adams house on State street in the city of Montpelier, or some comparable space in some other *[
state-owned]* building in said city of Montpelier owned by state, federal, county or municipal government or by a private party, except the state capitol, state library, Pavilion state office building and the state office building at 120 State Street. Said lease shall be on a *[ year to year]* year-to-year basis with the right of renewal thereof by the lessee but with right of the lessor to terminate said lease upon notice of not less than six months to the said lessees. The rent shall be for the nominal sum of $1.00 per year for each tenant organization. Space allocations to the various organizations shall be made and may be modified from time to time by the commissioner of buildings and general services. Interior repairs and alterations shall be at the expense of the respective tenant subject to the approval of and under the supervision of the commissioner of buildings and general services and exterior repairs shall be at the expense of the state and under the supervision of the commissioner of buildings and general services. The expense of light, heat and water as proportionately allocated by the commissioner of buildings and general services shall be paid by the tenant organization into the property management fund established by section 160 of this title, expect that any costs above the proportional costs shall be paid out of the operating funds of the Vermont adjutant general.
Sec. 43. 29 V.S.A. § 161 is amended to read:
§ 161. REQUIREMENTS ON STATE CONSTRUCTION PROJECTS
(a) Bids; selection.
(1) When the construction cost of any state project exceeds the sum of $50,000.00, the commissioner of buildings and general services shall publicly advertise or invite three or more bids. The contract for any such state project or improvement shall be awarded to one of the three lowest responsible bidders, conforming to specification, with consideration being given to quantities involved, time required for delivery, purpose for which required, competency and responsibility of bidder, and his or her ability to render satisfactory service, but the commissioner of buildings and general services with the approval of the secretary of administration, shall have the right to reject any and all bids and to invite other bids.
(2) When using the design-build construction delivery process, the commissioner of buildings and general services shall publicly advertise or invite three or more bids. The award of a design-build contract shall be to the bidder determined by the commissioner to be most responsive to evaluation criteria established by the commissioner. Such criteria may include physical plant characteristics proposed, program response to space needs, ability of the design-build team, anticipated development schedule and overall cost considerations, including alternates, allowances and schedule of values.
* * *
Sec. 44. TECHNICAL EDUCATION CENTER CONSTRUCTION
Notwithstanding any other provision of law, the department of buildings and general services shall be responsible for all designs, constructions or purchases of any new buildings or extensive additions or alterations to any existing buildings, for use as a technical education center, substantially funded by state monies, regardless of any other source of funding. All such state monies 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. The commissioners of education and of buildings and general services shall cooperate in the development of standards for technical education center construction, and by January 15, 2001, shall jointly report such standards to the house and senate committees on institutions.
* * * Capitol Police Department; Amendments * * *
Sec. 45. 2 V.S.A. § 62 is amended to read:
§ 62. LEGISLATIVE DUTIES
Consistent with the rules of the general assembly, and under the supervision of the president of the senate and the speaker of the house, the]* The sergeant at arms shall:
(1) Execute orders of either house, the joint or house or senate rules committee;
(2) Maintain order among spectators and take measures to prevent interruption of either house or any committee thereof;
(3) Arrange for special meetings and conferences at the state house;
(4) Provide for the distribution of mail to all legislators;
(5) Schedule the time for the use of rooms for committee meetings and hearings;
Furnish stationery, bindings and writing materials to all legislators;]*
* * *
Sec. 46. 2 V.S.A. § 70 is amended to read:
§ 70. CAPITOL POLICE DEPARTMENT
* * *
(b) Powers; training.
* * *
(5) Notwithstanding any other provision of law to the contrary, a capitol police officer shall be a law enforcement officer as if certified pursuant to the provisions of chapter 151 of Title 20.
(c) Coordination of capitol complex security:*[
Sec. 47. 2 V.S.A. § 71 is added to read:
§ 71. PARKING
(a) Any state-owned parking lot in the capitol complex, as defined in subdivision 182(1) of Title 28, or any state-owned or leased area used for parking outside the capitol complex, shall be considered a public highway, as defined in subdivision 4(13) of Title 23, for enforcement purposes, whether or not open to the public or general circulation of vehicles. The driver or owner of any motor vehicle in such a legislative parking lot shall obey the instructions of any applicable posted sign or marking.
(b) A capitol police officer or other law enforcement officer is authorized:
(1) to enforce parking, stopping, standing and operation of motor vehicle signs and markings in a parking lot designated for legislative use by the sergeant at arms;
(2) to issue a Vermont traffic summons and complaint, pursuant to chapter 24 of Title 23, to the driver or owner of a motor vehicle stopped, parked, standing or being operated contrary to the instructions on an applicable posted sign or marking; or
(3) pursuant to section 1102 of Title 23, at the driver's or the owner's expense, 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.
(c) Any sign or marking shall be presumed to have been placed at the direction of the sergeant at arms or the commissioner of buildings and general services, unless the contrary is established by competent evidence.
(d) In or upon land or structures designated for legislative use by the commissioner of buildings and general services, the capitol police department 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. 48. REPEAL
Sections 65 and 66 of Title 2 are repealed.
Sec. 49. 23 V.S.A. § 4 is amended to read:
§ 4. DEFINITIONS
Except as may be otherwise provided herein, and unless the context otherwise requires in statutes relating to motor vehicles and enforcement of the law regulating vehicles, as provided in this title and part 5 of Title 20, the following definitions shall apply:
* * *
(11) Enforcement officers shall include sheriffs, deputy sheriffs, constables, police officers, state's attorneys, capitol police officers, motor vehicle inspectors, state game wardens and state police and, for enforcement of offenses relating to parking of motor vehicles, meter checkers and other duly authorized employees of a municipality employed to assist in the enforcement of parking regulations;
* * *
* * * Private Wastewater Systems; Amendments * * *
Sec. 50. 24 V.S.A. § 4751 is amended to read:
§ 4751. DECLARATION OF POLICY
It is hereby declared to be in the public interest to foster and promote timely expenditures by municipalities for water supply, water pollution control and solid waste management, each of which is declared to be an essential governmental function when undertaken and implemented by a municipality. It is also declared to be in the public interest to promote expenditures for certain existing privately-owned public water systems and certain privately-owned wastewater systems to bring those systems into compliance with federal and state standards and to protect public health.
Sec. 51. 24 V.S.A. § 4752(10) is added to read:
(10) Privately-owned wastewater system means a wastewater conveyance, treatment, and disposal system or elements thereof which is privately-owned and which handles primarily domestic type wastes.
Sec. 52. 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 disposal plants as defined in sections 3501(6) and 3601 of this title, for constructing publicly-owned sewage systems and sewage 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.
* * *
(b) Each of such funds shall be established and held separate and apart from any other funds or moneys of state and shall be used and administered exclusively for the purpose of this chapter with the exception of transferring funds from the Vermont drinking water planning loan fund and the Vermont drinking water source protection fund to the Vermont environmental protection agency (EPA) drinking water state revolving fund, and from the Vermont pollution control revolving fund to the Vermont environmental protection agency (EPA) pollution control revolving fund, when authorized by the secretary. These funds shall be administered by the bond bank on behalf of the state, except that the fund shall be administered by VEDA concerning loans to privately-owned water systems under subdivision (a)(3) of this section. The funds shall be invested in the same manner as permitted for investment of funds belonging to the state or held in the treasury. The funds shall consist of the following:
* * *
Sec. 53. 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 disposal plant, pollution control facility, 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.
Sec. 54. 24 V.S.A. § 4758 is amended to read:
§ 4758. LOAN PRIORITIES
Periodically, and at least annually, the secretary shall prepare and certify to the bond bank a project priority list of those municipalities whose publicly-owned projects, or privately-owned wastewater systems, are eligible for financing or assistance under this chapter. In determining financing priority under this chapter, the secretary of the agency having jurisdiction shall apply the following criteria:
* * *
Sec. 55. 24 V.S.A. § 4763 is added to read:
§ 4763. LOANS FOR PRIVATELY-OWNED WASTEWATER SYSTEMS
(a) Where the secretary has determined that the construction, repair, or replacement of a privately-owned wastewater system is the preferred alternative to abate or control a pollution problem, a loan may be made to a municipality from the Vermont environmental protection agency (EPA) pollution control revolving fund established in section 4753 of this title. In such cases, the following conditions shall apply:
(1) Guaranteed repayment of the loan will be based on a municipal bond, but actual repayment may be made with funds from the owner, as set forth in an agreement between the owner and the municipality.
(2) In all cases, there shall be a binding agreement between the owner and the municipality that provides for the proper operation and maintenance of the privately-owned wastewater system for at least the term of the loan.
(3) All conditions and limitations of section 4755 of this title apply to loans made under this section.
(4) No construction loan shall be made to a municipality under this subsection, nor shall any part of any revolving loan made under this subsection be expended until all of the following take place:
(A) The secretary certifies to the bond bank that all land use, subdivision, public building, and water supply and wastewater permits necessary to construct and operate the improvements to be financed by the loan have been issued to the owner of the privately-owned wastewater system.
(B) The applicant municipality certifies to the bond bank that the private system owner has secured all state and federal permits, licenses, and approvals necessary to construct and operate the improvements to be financed by the loan.
(C) The secretary certifies to the bond bank that the loan eligibility priority established under section 4758 of this title entitles the applicant municipality to immediate financing or assistance under this chapter.
(D) The applicant municipality, in the case of applications by towns, cities, and incorporated villages, and with respect to all loans awarded after July 1, 1992, certifies to the bond bank that the project conforms to a duly adopted capital budget and program, consistent with chapter 117 of this title, for meeting the pollution control needs of the municipality.
(E) The applicant municipality, in the case of an application by a district, certifies to the bond bank that the project conforms to a capital budget and program duly adopted by the district in accordance with the provisions of its charter.
(b) The bond bank may make loans to a municipality for the preparation of final engineering plans and specifications for the construction of a privately-owned wastewater system or element in the same manner as set forth in subsection 4756(b) of this title.
* * * Offender Work Programs; Amendments * * *
Sec. 56. REPEAL
Section 751 of Title 28 (offender work) is repealed.
Sec. 57. 28 V.S.A. chapter 11, subchapter 2, § 751a is added to read:
§ 751a. DEFINITIONS
For purposes of this subchapter:
(1) Assembled product means a good produced by combining articles or components where none of the articles or components were fabricated, changed or altered by the use of offender labor.
(2) Offender service labor means the use of offender labor for projects such as brush clearing, painting, repairing and construction.
(3) Offender work product means a good fabricated by inmate labor in whole or in part from raw or prepared materials, so as to impart to those materials new forms, qualities or properties.
Sec. 58. 28 V.S.A. § 751b is added to read:
§ 751b. GENERAL PROVISIONS GOVERNING OFFENDER WORK
(a) To return value to communities, to assist victims of crime, to establish good habits of work and responsibility, to promote the vocational training of offenders, to pursue initiatives with private business to enhance offender employment opportunities, and to reduce the cost of operation of the department of corrections and of other state agencies, offenders may be employed in the production and delivery of goods, services and foodstuffs to communities, to victims of crime, to correctional facilities, to other state agencies and to other public or private entities authorized by this subchapter. To accomplish these purposes, the commissioner may establish and maintain industries, farms and institutional work programs at appropriate correctional facilities or other locations, plus community service work programs throughout the state.
(b) No offender shall be required to engage in unreasonable labor, and no offender shall be required to perform any work for which he or she is declared unfit by a physician employed or retained by the department.
(c) The commissioner shall establish written guidelines governing the hours and conditions of offender work, and the rates of compensation of offenders for employment. Wage payments of offenders shall be set aside in a separate fund. The guidelines of the department may provide for the making of deductions from wages of offenders to defray part or all of the cost of offender maintenance or payments to victims of crime. The guidelines may also provide for the setting aside by the department of a portion of an offenders wages to enable the offender to contribute to the support of his or her dependents, if any, to make necessary purchases from a commissary, to purchase approved books, instruments and instruction not supplied by a correctional facility and to set aside sums to be paid to the offender upon release from the custody or supervision of the commissioner. Any interest which accrues from these wages during the period of such custody of an offender shall be credited to any fund maintained by the correctional facility for the welfare of offenders. The commissioner shall annually, by January 1, provide a current copy of any guidelines promulgated under this section to the chairs of the senate and house committees on institutions and the offender work programs board established under section 761 of this title.
(d) The labor, work product or time of an offender may be sold, contracted or hired out by the state only:
(1) To the federal government.
(2) To any state or political subdivision of a state, or to any nonprofit organization which is exempt from federal or state income taxation, subject to federal law, to the laws of the recipient state and to the rules of the department. The director of work offender programs shall annually, by January 1, submit to the chairs of the senate and house committees on institutions and to the offender work programs board a list of any such nonprofit organizations receiving goods or services in the prior and current fiscal year. Five members of such board at a scheduled and warned board meeting may vote to disapprove any future sales of offender produced goods or services to any nonprofit organization and such vote shall be binding on the department.
(3) To any private person or enterprise not involving the provision of the federally-authorized Prison Industries Enhancement Program, provided that the offender work programs board shall first determine that the offender work product in question is not otherwise produced or available within the state. Five members of the such board at a scheduled and warned board meeting may vote to disapprove any future sales of offender produced goods or services to any person or entity not involving the provisions of the federally-authorized Prison Industries Enhancement Program and such vote shall be binding on the department.
(4) To charitable organizations where the offender work product is the handicraft of offenders and the commissioner has approved such sales in advance.
(5) To political subdivisions of the state, community organizations, private persons or enterprises when the governor has authorized the work of offenders as necessary and appropriate as a response to a civil emergency.
(e) Offender work programs managers shall seek to offset production, service and related costs from product and service sales; however, this financial objective of offsetting the costs to the department of servicing and supervising offender work programs shall not be pursued to the detriment of accomplishing the purposes of offender work programs set out in subsection (a) of this section or to the detriment of private businesses as safeguarded by section 761 of this title.
(f) Annual report and two-year work programs plan. Annually by October 1, the director of offender work programs shall submit to the offender work programs board, and to the chairs of the house and senate committees on institutions, a written report on all offender work program activities authorized under this section for the previous fiscal year and a two-year plan for the current and future fiscal years.
(1) The annual report shall include, but not be limited to, appropriations, income, production costs, offender injury compensation, prices as they relate to enterprise performance, depreciation of equipment, capital expanses, the status and progress of vocational training programs for offenders, including the number of offenders placed in private or public sector jobs upon release from custody of the commissioner, the reasons for not expanding its operations or not developing new products and any other related operational or financial considerations.
(2) The two-year plan shall address the direction of offender work programs authorized by this section working at full capacity in the current and following fiscal years, identify recipients of offender produced goods or services, and analyze any potential impact on existing private businesses.
(g) The department of corrections shall, in any new initiative involving sales of offender work products, seek to use the provisions of the federally-authorized Prison Industries Enhancement Program.
(h) Assembled products shall not be sold to any person, enterprise or entity unless the offender work programs board has first reviewed any such proposed sale, and five members of the board have voted in favor of the proposal at a scheduled and warned meeting of the board.
(i) The commissioner shall consult and collaborate with the commissioner of employment and training at least annually to seek funding and support for vocational training for offenders to help offenders achieve a successful transition from the custody of the commissioner to private life. To the extent feasible, any vocational training program for offenders shall incorporate the professional training standards applicable to the construction and other trades, and industries, existing in the private sector.
Sec. 59. 28 V.S.A. § 752 is amended to read:
§ 752. OFFENDER WORK PROGRAMS SPECIAL FUND
(a) An offender work programs special fund shall be maintained for the purpose of carrying out the provisions of section *[
751]* 751b of this title, which fund shall include any appropriations made from time to time by the state legislature and any sums obtained from the sale of goods and services produced by offenders pursuant to *[ subsections 751(e) and (f)]* section 751b of this title. The special fund shall be managed pursuant to subchapter 5 of chapter 7 of Title 32.
(b) Any expenses incurred by offender work programs and the offender work programs board shall be defrayed by this fund.
(c) All balances of the fund remaining at the end of any fiscal year shall be carried forward and be made available for the succeeding fiscal year, and shall be kept as a special fund by the state treasurer, except that any balance at the end of a fiscal year not needed to maintain offender work programs or for other purposes provided by section *[
751]* 751b or 761 of this title shall by September 1 of the subsequent fiscal year be transferred to the victims' compensation fund established under chapter 167 of Title 13.
(d) The fund also may be used, at the discretion of the commissioner, to further the raising, harvesting and preservation of food.
(e) Purchases of materials for resale may be made from the fund, but the fund shall be maintained intact except for temporary depletion in making such purchases for resale.
(f) The joint fiscal office shall, for fiscal years 2001, 2002 and 2003:
(1) review and analyze any reports and plans required to be submitted by the department of corrections to the legislature or to the offender work programs board under section 751b(f) of this title;
(2) review and analyze any reports and recommendations made by the department and by the offender work programs board under sections 751b and 761 of this title; and
(3) submit to the chairs of the senate and house committees on institutions, the commissioner of corrections and the offender work programs board the analysis by the joint fiscal office of these report, plans and recommendations.
Sec. 60. 28 V.S.A. § 761 is amended to read:
§ 761. OFFENDER WORK PROGRAMS BOARD
Board]* Offender work programs board established. An offender work programs board is established for the purpose of advising the commissioner on the use of offender labor for the public good. The board shall base its considerations and recommendations to the commissioner on a review of plans for offender work programs pursuant to subsection (b) of this section, and on other information as it deems appropriate.
(1) The board shall consist of nine members, each appointed by the governor for a three-year term*[
, except that the terms of the first members shall be as determined by the board,]* or until a successor is appointed, as follows:
(A) four representatives of customers of the products and services of offender work programs, two of whom shall represent public sector customers, and two of whom shall represent private nonprofit organization customers;
two]* three representatives of private business organizations;
two representatives]* one representative of labor or labor organizations; and
(D) one at large member.
Members of the board shall elect]* The governor shall appoint a chair and vice-chair *[ from among the members]*, each of whom shall serve for one year or until a successor is *[ elected]* appointed.
(3) The board shall report on its activities at the request of the commissioner, and at least annually to the commissioner and to the *[
house and senate committees on institutions]* joint fiscal office.
(4) The board *[
shall be provided]* may, with the commissioners approval of funds, hire by contract such persons the board deems necessary to provide it with administrative and staff support *[ by the department of corrections]*.
(5) All board members shall be reimbursed from the special fund established by section 752 of this title for per diem and expenses incurred in the performance of their duties pursuant to section 1010 of Title 32.
Offender work programs]* Review of the annual report and two-year plan. *[ The director of offender work programs shall annually submit to the board for its review a three-year plan for production by offender work programs (OWP). The plan shall provide for the full use of current and projected OWP productive capacity, but with minimal disruption to existing private businesses.]* In reviewing the annual report and two-year plan submitted by the director of offender work programs as required by subsection 751b(f) of this title, and forming its recommendations concerning *[ it]* them to the commissioner, the board shall:
(1) assure itself that the plan is informed by thorough and accurate analysis of private business activity in the specific market segments concerned, for which purpose the board *[
shall solicit advice from experts on the Vermont economy and]* may, with the commissioners approval of funds, hire by contract such persons the board deems necessary to assist it in analyzing the plan. The board shall also conduct public hearings to hear from members of the public or from potentially affected private businesses and labor groups;
propose a maximum level of annual OWP activity to be permitted]* forward annually by January 1 to the joint fiscal office a maximum level of offender work program activity in each market segment during the term of the plan; and
publicize]* make publicly known and available its recommendations for *[ OWP market activity among potentially affected private business and labor groups]* offender work programs operations.
(c) Offender work programs expansion. The Vermont correctional industries component of the offender work programs shall not expand into an existing market *[
unless]* until the commissioner has *[ consulted with the offender work programs board and has]* done all of the following:
(1) evaluated the impact of *[
the]* expansion on *[ the existing market]* private sector business;
(2) notified the offender work programs board of the proposal; and
(3) obtained the boards written suggestions, comments and recommendations concerning the proposal. Five members of the such board at a scheduled and warned board meeting may vote to disapprove any proposed expansion not involving the provisions of the federally-authorized Prison Industries Enhancement Program, and such vote shall be binding on the department.
* * * Restorative Justice; Amendments * * *
Sec. 61. 13 V.S.A. § 7030 is amended to read:
§ 7030. SENTENCING ALTERNATIVES
(a) In determining which of the following should be ordered, the court shall consider the nature and circumstances of the crime, the history and character of the defendant, the need for treatment, and the risk to self, others and the community at large presented by the defendant:
(1) A deferred sentence pursuant to section 7041 of this title.
(2) Probation pursuant to section 205 of Title 28.
(3) Supervised community sentence pursuant to section 352 of Title 28.
(4) Sentence of imprisonment.
(b) When ordering a sentence of probation, the court may require participation in the restorative justice program established by chapter 12 of Title 28 as a condition of the sentence.
Sec. 62. 28 V.S.A. § 2a is added to read:
§ 2a. RESTORATIVE JUSTICE
(a) State policy. It is the policy of this state that principles of restorative justice be included in shaping how the criminal justice system responds to persons charged with or convicted of criminal offences. The policy goal is a community response to a persons wrongdoing at its earliest onset, and a type and intensity of sanction tailored to each instance of wrongdoing. Policy objectives are to:
(1) Resolve conflicts and disputes by means of a nonadversarial community process.
(2) Repair damage caused by criminal acts to communities in which they occur, and to address wrongs inflicted on individual victims.
(3) Reduce the risk of an offender committing a more serious crime in the future, that would require a more intensive and more costly sanction, such as incarceration.
(b) Implementation. It is the intent of the general assembly that law enforcement officials develop and employ restorative justice approaches whenever feasible and responsive to specific criminal acts, pursuant to sections 163 and 164 of Title 3, concerning court diversion, chapter 221 of Title 13, concerning sentencing, and the provisions of this title, concerning persons in the custody of the commissioner of corrections. It is the further intent of the general assembly that such restorative justice programs be designed to encourage participation by local community members, including victims, when they so choose, as well as public officials, in holding offenders accountable for damage caused to communities and victims, and in restoring offenders to the law-abiding community, through activities:
(1) Which require offenders to:
(A) acknowledge wrongdoing and apologize to victims;
(B) make restitution for damage to the victims, consistent with provisions of chapter 221 of Title 13 and of this title;
(C) make reparation for damage to the community by fulfilling a community service; and
(D) when relevant, successfully complete treatment addressing the offense or other underlying problematic behavior, or undertake academic or vocational training or other self-improving activity.
(2) Which aid in the recovery of victims, recognizing that victims, particularly of violent crime, often suffer lifelong effects and, accordingly, must feel safe and involved in any program offered to assist them.
(3) Which help in identifying the causes of crime and ways community members and municipal and state government can reduce or prevent crime in the future.
Sec. 63. 28 V.S.A. § 3 is amended to read:
§ 3. GENERAL DEFINITIONS
Whenever used in this title:
* * *
(11) Restorative justice program means a program developed and implemented by the commissioner, consistent with state policy and legislative intent as provided by section 2a of this title.
Sec. 64. 28 V.S.A. § 101 is amended to read:
§ 101. POWERS OF THE DEPARTMENT
The department is charged with the following powers:
* * *
(10) To charter, establish, and fund through grants such municipal entities or nonprofit organizations as may be required for providing crime prevention and *[
outreach services to]* restorative justice programs for offenders, victims of crime, and the public.
Sec. 65. 28 V.S.A. § 102 is amended to read:
§ 102. COMMISSIONER OF CORRECTIONS; APPOINTMENT; POWERS; RESPONSIBILITIES
* * *
(b) The commissioner is charged with the following powers:
* * *
(13) To establish community reparative boards pursuant to chapter 12 of this title.
(14) To delegate to locally-established boards or justice centers, the authority to assist, through use of community resources, in developing and implementing restorative justice programs for offenders, victims of crime and members of the community.
(15) Rely upon the expertise of department employees to provide core and substantive supervision of offenders and risk assessment determinations for the delivery of correctional services in both residential and nonresidential settings.
* * *
Sec. 66. 28 V.S.A. § 252 is amended to read:
§ 252. CONDITIONS OF PROBATION
* * *
(b) When imposing a sentence of probation, the court may, as a condition of probation, require that the offender:
* * *
(15) Participate in the restorative justice program conducted by a community reparative board, pursuant to chapter 12 of this title. The court may direct a reparative board to assist in determining restitution to the victim, as provided by subdivision (6) of this subsection;*[
* * *
Sec. 67. 28 V.S.A. chapter 12 is redesignated to read:
CHAPTER 12. *[
COMMUNITY-BASED PROGRAMS]* COMMUNITY
Sec. 68. 28 V.S.A. chapter 12 §§ 910 and 910a are added to read:
§ 910. RESTORATIVE JUSTICE PROGRAM FOR PROBATIONERS
This chapter establishes a program of restorative justice for use with offenders required to participate in such a program as a condition of a sentence of probation. The program shall be carried out by community reparative boards under the supervision of the commissioner, as provided by this chapter.
§ 910a. REPARATIVE BOARDS; FUNCTIONS
(a) The commissioner shall establish reparative boards and appoint to them members of the community with the advice and recommendation of nonprofit organizations or municipal entities in the localities concerned. The commissioner shall appoint each board member to a term of one to three years, may reappoint a member to consecutive terms, and may remove a member for good cause.
(b) Each board shall elect its chair from its membership. A chair may serve for no more than one year uninterrupted. All meetings of a board shall comply with open meeting law requirements of subchapter 2 of chapter 5 of Title 1, consistent with probationer confidentiality requirements of this title, and as may be imposed by the court.
(c) Each board shall adopt bylaws approved by the commissioner. Such bylaws may authorize each board to establish panels to conduct reparative board activities.
(d) Each board shall conduct its meetings in a manner that promotes safe interactions among a probationer, victim or victims and community members, and shall:
(1) In collaboration with the department, municipalities, the courts, and other entities of the criminal justice system, implement the restorative justice program of seeking to obtain probationer accountability, repair harm and compensate a victim or victims and the community, increase a probationers awareness of the effect of his or her behavior on a victim or victims and the community, and identify ways to help a probationer comply with the law.
(2) Educate the public about, and promote community support for, the restorative justice program.
(e) Each board shall have access to the central file of any probationer required to participate with that board in the restorative justice program.
(f) When engaged in board activities, a board member shall be considered a volunteer with regard to any grievance or other matter governed by section 1101 of Title 3.
Sec. 69. 28 V.S.A. § 104 is amended to read:
§ 104. NOTIFICATION OF COMMUNITY PLACEMENTS
* * *
(d) Subsection (a) of this section shall expire July 1, *[
(e) The commissioner of corrections shall annually, by January 15, report to the house and senate committees on institutions and on judiciary on the implementation of this section during the previous 12 months.
Sec. 70. REPEAL
28 V.S.A. § 912 (alternatives to incarceration board) is repealed.
* * * Administrative Judges; Amendments * * *
Sec. 71. 4 V.S.A. § 21a is amended to read:
§ 21a. DUTIES OF THE ADMINISTRATIVE JUDGE
(a) The administrative judge shall assign superior and district judges and specially assign district and superior judges, including himself or herself, and the environmental judge if available, to the *[
family court]* superior, district and family courts. All judges, except the environmental judge, shall be subject to the requirements of rotation as ordered by the supreme court.
(b) In making any assignment under this section, the administrative judge shall give consideration to the experience, temperament*[
,]* and training*[ , and]* *[ willingness]* of a judge *[ to serve in the family court]* and the needs of the court. In making a special assignment to the environmental court under section 1001(e) of this title, the administrative judge shall give consideration to experience and expertise in environmental and zoning law.
Sec. 72. 4 V.S.A. § 73 is amended to read:
§ 73. ASSIGNMENT
(a) The supreme court may establish no more than three geographic divisions for the assignment of superior judges. In accordance with the direction of the supreme court, the administrative judge shall assign the superior judges among the geographic divisions and shall establish a rotation schedule, both within and outside the division to which the judges are regularly assigned*[
; provided, however, that in any consecutive three years each superior judge shall serve not less than twelve months in the other division or divisions to which he is not regularly assigned]*. The rotation schedule shall be on file in the office of the clerk of each superior court, and copies shall be furnished upon request. *[ No judge shall be assigned to any one court for two successive six-month terms unless the court's caseload so requires.]* Only in a case where a superior judge is disqualified or unable to attend any term of court or part thereof to which he has been assigned may the administrative judge assign another superior judge to act as presiding judge at that term or part thereof and only for that period during which the assigned judge is disqualified or unable to attend.
The]* Pursuant to section 21a of this title, the administrative judge shall specially assign superior judges to hear and determine *[ contested divorce and custody cases, including hearings on contested petitions for modification of decrees and contested petitions for temporary orders. In making the designation the administrative judge shall give consideration to experience, temperament and expertise in matrimonial matters]* family court matters. The administrative judge shall insure that such hearings are held promptly. Any contested divorce case which has been pending for more than one year shall be advanced for prompt hearing upon the request of any party.
(c) Notwithstanding subsection (b) of this section, the administrative judge may, *[
upon a determination that a superior court is underserved,]* pursuant to section 21a of this title, specially assign a district court judge to *[ that superior]* family court to hear matters specified in subsection (b). *[ In making that assignment, the administrative judge shall give consideration to experience, temperament and expertise in matrimonial matters.]*
Sec. 73. 4 V.S.A. § 111(e) is amended to read:
(e) The administrative judge may assign assistant judges, with their consent, to a special assignment in *[
the superior court of]* a court where they have jurisdiction in another county when assistant judges of that county are unavailable or the business of the courts so require. *[ However, assistant judges from another county shall not sit without the permission of the litigants in the case.]*
Sec. 74. 4 V.S.A. § 444(a) is amended to read:
(a) The district court shall have 17 district judges, one of whom shall be assigned to the special unit of the court as prescribed in section 436a of this title and one of whom shall be assigned to the special unit of the court as prescribed in section 436b of this title. The administrative judge shall assign, from time to time, one or more judges to each territorial unit of the court as established by the supreme court pursuant to section 436. In accordance with the direction of the supreme court, the judges shall assign the district court judges on a rotation. The rotation schedule shall be on file in the office of each district court clerk and copies shall be furnished upon request. Unless otherwise provided by law, each judge shall reside in the territorial unit to which the judge is regularly assigned but need not be a resident of the unit when first appointed or assigned.
Sec. 75. 4 V.S.A. § 444a is amended to read:
§ 444a. ESSEX COUNTY; POWERS OF ESSEX COUNTY ASSISTANT JUDGES IN DISTRICT COURT.
(a) Notwithstanding any other provision of law to the contrary, the senior assistant judge of Essex county may elect to act as a district court judge, and *[
hear and dispose]* the administrative judge shall so appoint, for the purpose of hearing and disposing of initial appearances before a judicial officer under Rule 5 of the Vermont Rules of Criminal Procedure, arraignments under Rule 10 of the Vermont Rules of Criminal Procedure and pleas under Rule 11 of the Vermont Rules of Criminal Procedure taken at the initial appearance or at the arraignment. Such assistant judge may also accept a plea under Rule 11 of the Vermont Rules of Criminal Procedure and impose a sentence and enter judgment on defendants who plead guilty or no contest to misdemeanors under Rule 32 of the Vermont Rules of Criminal Procedure.
The senior Essex county assistant judge, prior to hearing such cases, shall have completed the Special Court Jurisdiction Program at the National Judicial College and shall have observed such cases for 20 hours while being heard by a presiding district court judge.]*
* * * Other Statutory Amendments and Additions * * *
Sec. 76. 16 V.S.A. § 559 is amended to read:
§ 559. PUBLIC BIDS
* * *
(b) When a school construction contract exceeds *[
(1) The state board shall establish, in consultation with the commissioner of *[
state]* buildings and general services and with other knowledgeable sources, general rules for the prequalification of bidders on such a contract. The department of buildings and general services, upon notice by the commissioner of education, shall provide to school boards undergoing construction projects suggestions and recommendations on bidders qualified to provide construction services.
(2) At least 60 days prior to the proposed bid opening on any construction contract to be awarded by a school board which exceeds *[
$250,000.00]* $500,000.00, the school board shall publicly advertise for contractors interested in bidding on the project. The advertisement shall indicate that the school board has established prequalification criteria which a contractor must meet, and shall invite any interested contractor to apply to the school board for prequalification. All interested contractors shall submit their qualifications to the school board which shall determine a list of eligible prospective bidders based on the previously established criteria. At least 30 days prior to the proposed bid opening, the school board shall give written notice of the board's determination to each contractor that submitted qualifications. The school board shall consider all bids submitted by prequalified bidders meeting the deadline.
* * *
Sec. 77. AUSTINE SCHOOL REPORT
The commissioners of buildings and general services and of education shall examine methods of determining and administering state school construction aid for the Austine School of Brattleboro and report their findings and recommendations by January 15, 2001, to the house and senate committees on education and institutions.
Sec. 78. 20 V.S.A. § 33(f) is added to read:
§ 33. REGIONAL EMERGENCY RESPONSE COMMISSIONS
* * *
(f) Members of regional emergency response commissions, except state employees, shall be entitled to a per diem and expenses as provided in section 1010 of Title 32.
Sec. 79. 22 V.S.A. § 104 is amended to read:
§ 104. PUBLIC LIBRARIES; TRUSTEES, MANAGERS OR DIRECTORS
The trustees, managers or directors of such corporation shall compose its members and shall not be more than *[
nine]* 15 nor less than five in number.
Sec. 80. 23 V.S.A. § 3316 is amended to read:
§ 3316. REGATTAS; RACES; MARINE PARADES; TOURNAMENTS;
WATER SKIING EVENTS OR EXHIBITIONS; TRIATHLONS
(a) The commissioner of the department of public safety may authorize the holding of public regattas, motorboat or other boat races, marine parades, tournaments, water skiing events, *[
or]* exhibitions, or triathlons on any waters of this state and any associated public roads. He or she shall adopt and may, from time to time, amend rules concerning the safety of motorboats and other vessels and persons on these vessels, either observers or participants, and of persons swimming, cycling or running in or observing an event. Whenever a public regatta, motorboat or other boat race, marine parade, tournament, water skiing event *[ or]*, exhibition or triathlon is proposed to be held, the person in charge shall, at least 15 days prior to the event, file an application with the department of public safety for permission to hold the regatta, motorboat or other boat race, marine parade, tournament, water skiing event *[ or]*, exhibition or triathlon. A copy of such application shall be sent to the municipality and organized lake association where the event is to be held 15 days in advance of the event to allow for comment. The application shall set forth the date, time and location where it is proposed to hold the regatta, motorboat or other boat race, marine parade, tournament, water skiing event *[ or]*, exhibition or triathlon and it shall not be conducted without authorization of the department of public safety in writing, except that this provision shall not apply to unscheduled boat races to which the public has not been invited.
(b) The provisions of this section shall not exempt any person from compliance with applicable federal law or regulation, but nothing contained in this section shall be construed to require the securing of a state permit if a permit has been obtained from an authorized agency of the United States.
Sec. 81. 29 V.S.A. § 821 is amended to read:
§ 821. STATE FACILITIES
* * *
(b) State correctional facilities. The names of state correctional facilities *[
in existence and operational on July 1, 1994]* shall be named as follows:
(1) In Newport City, Northern State Correctional Facility.
(2) In St. Albans, Northwest State Correctional Facility.
(3) In Springfield, Southern State Correctional Facility.*[
(8) In Woodstock, Woodstock Regional Correctional Facility.
(9) In St. Johnsbury, Caledonia Community Work Camp.
(10) In Waterbury, Dale *[
Residential Treatment]* Correctional Facility.
Sec. 82. NAME MEEKS PEAK
Notwithstanding any other provision of law to the contrary, the board of libraries shall name as Meeks Peak, without receipt of a petition to do so as provided in section 152 of Title 10, the one high peak on the mountain range spanning the towns of Lowell and Albany, now known as the mountain between Lowell and Albany.
Sec. 83. OFFICIAL VERMONT HIGHWAY MAP; PLACE NAMES
The secretary of commerce and community development when preparing the next official Vermont highway map shall include the following designations on the map:
(1) The one high peak on the mountain range spanning the towns of Lowell and Albany shall be designated Meeks Peak, pursuant to Sec. 82 of this act.
(2) The pond known as Unknown Pond in the town of Westmore shall be designated as Taylor Pond, pursuant to Sec. 79 of Act No. 233 of the Acts of 1993 (Adjourned Session) as amended by Sec. 10e of Act No. 185 of the Acts of 1995 (Adjourned Session).
Sec. 84. 10 V.S.A. § 6613 is amended to read:
§ 6613. VARIANCES
* * *
(c) Any variance or renewal thereof shall be granted within the requirements of subsection (a) of this section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:
* * *
(3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in subdivisions (1) and (2) of this subsection, it shall be for not more than one year, except that in the case of a variance from the siting requirements for a sanitary landfill, the variance may be for as long as the board determines necessary, including a permanent variance.
(d) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. If complaint is made to the *[
agency of natural resources]* board on account of the variance, no renewal thereof shall be granted, unless following public hearing on the complaint on due notice, the board finds that renewal is justified. No renewal shall be granted except on application therefor. The application shall be made at least *[ sixty]* 60 days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the *[ agency]* board shall give public notice of the application in accordance with rules of the *[ agency]* board.
(e) A variance or renewal shall not be a right of the applicant or holder thereof but shall be in the discretion of the *[
agency]* board. However, any person adversely affected by a variance or renewal granted or denied by the *[ agency]* board may obtain judicial review thereof in the supreme court.
* * *
Sec. 85. 17 V.S.A. § 2641(b) is amended to read:
(b) In addition, the warning shall be published in a newspaper of general circulation in the municipality at least five days before the meeting, unless the warning is published in the town report *[
and the town report is mailed]*, or otherwise distributed in written form to *[ the voters]* all town or city postal patrons at least 10 days before the meeting. The legislative body annually shall designate the paper in which *[ these warnings shall]* such a warning may be published. *[ This shall not apply to]* No such warning shall be required for municipal informational meetings at which no voting is to take place.
Sec. 86. 32 V.S.A. § 710 is amended to read:
§ 710. PAYMENT OF STATE AGENCY FEES *[
BY STATE AGENCIES]*
(a) Notwithstanding any other provision of law, the agency of transportation, any cooperating municipalities, their contractors or agents shall be exempt from the payment of fee charges for reviews, inspections or nonoperating permits issued by the department of labor and industry, the environmental board, and the agency of natural resources for any projects undertaken by or for the agency and any cooperating municipalities *[
where]* for which all or a portion of the funds are authorized by a legislatively approved transportation construction, rehabilitation or paving program within a general appropriation act introduced pursuant to section 701 of this title.
(b) Notwithstanding any other provision of law, no fees shall be 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:
(1) Any project undertaken by the department of buildings and general services, the agency of natural resources*[
,]* or the agency of transportation*[ , any municipalities cooperating with any of the foregoing state agencies, 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 any project where funds are authorized within a]* which is authorized or funded in whole or in part by the capital construction act introduced pursuant to section 701a of this title*[ , except that]*.
(2) Any project undertaken by a municipality, which is funded in whole or in part by a grant or loan from the agency of natural resources or the agency of transportation financed by an appropriation of a capital construction act introduced pursuant to section 701a of this title. However, all such fees shall be paid for reviews, inspections or permits required by municipal solid waste facilities developed by a solid waste district which serves, or is expected to serve, in whole or in part, parties located outside its own district boundaries pursuant to chapter 159 of Title 10.
Sec. 87. 32 V.S.A. § 960 is amended to read:
§ 960. ISSUANCE OF BONDS
Issuance of bonds authorized *[
in]* by the general assembly for a given fiscal year may, in the discretion of the state treasurer with the approval of the governor, be issued in the months of May or June preceding that fiscal year, *[ and for the purpose of section 959 of this title any such bonds authorized thereunder and issued in the preceding May or June shall be deemed to have been issued in the year when authorized]* or at any time thereafter and until such authorization is rescinded by the general assembly prior to the issuance of such bonds.
Sec. 88. CONCORD, HIGHGATE AND SHELDON; SCHOOL CONSTRUCTION AID AUTHORIZED
Notwithstanding provisions of subdivision 3448(a)(5)(A) 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 Concord school district and the Franklin Northwest Supervisory Union (for the old Highgate Elementary School renovation and the classroom and library additions to Sheldon Elementary School), may each receive 30 percent construction aid for costs of additions and renovations accomplished in 1999, 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 30 percent of the voter-approved cost for the construction project. The Concord, Highgate and Sheldon school districts 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 on January 15, 2000.
Sec. 89. COMMEMORATIVE PLAQUE; JOHN F. MURPHY; PLYMOUTH STATE PARK
The commissioner of buildings and general services, in collaboration with the commissioner of forests, parks and recreation, shall erect a plaque honoring John F. Murphy, former State Representative from Ludlow, in the Plymouth State Park, in Plymouth, which shall read, The Plymouth State Park shelters are dedicated to John F. Murphy, former State Representative from Ludlow, in recognition of his 30 years of faithful legislative service to the people of Vermont.
Sec. 90. CORRECTIONS BEDSPACE
The commissioners of corrections and of buildings and general services shall jointly report by January 15, 2001 to the house and senate committees on appropriations and on institutions: (i) on progress toward the planning and construction of sufficient correctional bedspace capacity and the planning and provision of sufficient community correctional programs to meet demand statewide; and (ii) on the feasibility of reopening county jails in Newport, St. Albans, Middlebury and Hyde Park for use in housing offenders in the custody of the commissioner of corrections.
Sec. 91. SOUTHERN STATE CORRECTIONAL FACILITY
As a condition of the appropriation contained in H.842 of the 2000 session for the Southern State Correctional Facility, in Springfield, the department of buildings and general services shall in designing and constructing the facility:
(1) take into consideration acoustics, visibility by correctional officers, officer to offender ratios and the ability to lock individual cell doors necessary to implement security measures; and
(2) provide for an area for use for videoconferencing for court and administrative proceedings as contemplated by the Vermont Rules of Criminal Procedure and the Vermont parole board.
Sec. 92. PUBLIC ACCESS TO COURT RECORDS
Because of privacy, confidentiality and safety policy considerations, if the proposed rule regarding public access to court records published by the court administrator on February 11, 2000 is adopted by the Vermont Supreme Court prior to March 15, 2001, it shall be repealed one day after it becomes effective, and then reenacted on March 15, 2001, pursuant to Chapter II, Article 37 of the Vermont Constitution.
* * * Effective Dates; Applicability * * *
Sec. 93. EFFECTIVE DATE
(a) This act shall take effect on passage.
(b) All appropriations and bond issuance authorizations of this act shall take effect on passage, and shall carry forward beyond the current or any future fiscal year.
Approved: May 24, 2000