Senate Calendar

wednesday, may 18, 2005

134th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

NEW BUSINESS

Third Reading

H. 524    Universal access to health care in Vermont...................................... 1135

                        Sen. Shepard amendment...................................................... 1135

                        Sen. Illuzzi amendment........................................................... 1142

                        Sen. Wilton amendment......................................................... 1145

                        Sen. Cummings amendment................................................... 1145

Second Reading

Favorable with Proposal of Amendment

H. 241    Relating to prohibition of smoking in public places............................ 1146

                        Health and Welfare Committee Report................................... 1146

House Proposal of Amendment

S. 66       An act relating to the welfare of animals........................................... 1147

Conference Committee Report

H. 518    Capital construction and state bonding............................................. 1147

NOTICE CALENDAR

House Proposal of Amendment

S. 41       Unemployment compensation for survivors...................................... 1170

ORDERED TO LIE

S. 157     Relating to rulemaking for Vermont origin........................................ 1171

H. 510    Amending the charter of the city of Barre......................................... 1171



 



 

ORDERS OF THE DAY

ACTION CALENDAR

NEW BUSINESS

Third Reading

H. 524

An act relating to universal access to health care in Vermont.

AMENDMENTS TO H. 524 TO BE OFFERED BY SENATOR SHEPARD BEFORE THIRD READING

Senator Shepard moves to amend the Senate proposal of amendment as follows:

First:  [Deleted]

Second:  [Deleted]

Third:  In Sec. 1, by inserting three new subdivision to be numbered subdivisions (10), (11), and (12) to read as follows:

(10)  Health care system quality is much better measured by survival rates from ailments that require medical treatment than by longevity of life, which research demonstrates is affected far more by factors such as genetics, lifestyle choices, and socioeconomic status.  While the United States has the highest incident rate of prostate cancer, it has the lowest mortality rate as a result of prostate cancer.  Breast cancer rates are similar.

(11)  Determining administrative cost comparisons between public‑funded health plans and private insurers is difficult and often misleading.  Not all related government tasks are counted, such as collecting taxes and lobbying for more funding, whereas private companies count collecting premiums and marketing in their administrative costs.  When these are all counted, the public system no longer offers great savings in administrative costs.

(12)  Every finite resource, which is in high demand, must be rationed.  In a purely market-based system, rationing is based on the ability to pay.  Single-payer health care systems ration by limiting the availability of health care services, resulting in long waiting periods for treatment.

Fourth:  In Sec. 1, by inserting eight new subdivision to be numbered subdivisions (13), (14), (15), (16), (17), (18), (19), and (20) to read as follows:

(13)  Over the past decade, most European countries with single-payer health care systems have introduced market-oriented reforms to reduce costs and increase efficiencies.  Canada has begun relying on services available in the United States to help meet the health care needs of Canadian citizens.

(14)  In years 2001 and 2002, five percent of patients undergoing surgery in the United States had to wait more than four months, as compared to 23 percent in Australia, 26 percent in New Zealand, 27 percent in Canada, and 36 percent in Britain, all of which have a single-payer health care system.

(15)  Single-payer health care systems promise equal access and care regardless of ability to pay.  However, studies in both Britain and Canada reveal that access, health care quality, and survival rate are far inferior in regions with lower socioeconomic conditions as compared to regions with higher socioeconomic conditions.  Low income Americans on Medicaid likely have more access to better health care than low income citizens in any other country.

(16)  Sicker people in Canada and Britain wait much longer for treatment under their single-payer system, than do sicker people in the United States.  Longer waiting periods reduce the likelihood of curing the ailment and often results in earlier death.

(17)  Single-payer systems have resulted in longer hospital stays, which result in longer waiting periods for patient beds.  Global budget caps reduce the incentive to discharge patients to make room for waiting patients.

(18)  Research indicates that under single-payer health care systems, the elderly are frequently discriminated against and have great difficulty getting access to health care services.

(19)  Research indicates that under single-payer health care systems, rural areas have many fewer doctors and less health care technology on a per capita basis as compared with urban areas.

(20)  Single-payer health care systems have struggled to meet the demand.  This can be largely attributed to politics working against increasing funding.  The vast majority of constituents does not have a great need for health care services at any particular time and therefore tends to oppose increasing taxes to fund the system.  While holding back funding reduces costs, it does so at the expense of unmet health care needs.

Fifth:  In Sec. 1, by inserting five new subdivisions to be numbered subdivisions (21), (22), (23), (24), and (25) to read as follows:

(21)  Medicare, which is government run, has struggled to adapt to advances in the health care industry and changes in the marketplace.

(22)  Fee-for-service, managed care, and single-payer health care models are not well suited for the information age, where patient access to information on a variety of treatments has increased demand.

(23)  Informed patients are more compatible with health care systems that offer more patient control over choosing treatment options.  Such systems are only sustainable when the patient has some stake in paying for treatments. 

(24)  High deductible insurance plans combined with pre-tax Health Savings Accounts (HSA) allow an informed patient more choice in selecting the best value treatment for his or her particular situation.  The patient has a firsthand sense of both the cost and the benefit of a treatment.  Premiums for these types of plans are typically about one‑half the cost of more traditional insurance plans.  In addition, high deductible HSA plans have a lower inflation rate.

(25)  Any time resources are transferred to an insurance pool (private or public), there are two negative consequences (increased cost, at least for the group as a whole, and decreased autonomy) and one positive consequence (reduced risk). 

Sixth:  In Sec. 2, by striking out the following:  , modeled after the Coalition 21 principles,

Seventh:  In Sec. 2, by inserting a new subdivision to be numbered subdivision (7) to read as follows:

(7)  In order to build a stronger and more sustainable workforce for the decades to come, health insurance premiums must closely align with the actuarial risks associated with age, so that health insurance premiums do not discourage young adults from living and working in Vermont

Eighth:  In Sec. 2, by inserting two new subdivisions to be numbered subdivisions (8) and (9) to read as follows:

(8)  Before the state of Vermont expands its role in the health care market by issuing a more affordable reduced-benefit policy, the state should permit commercial insurance companies to offer more affordable, reduced‑benefit policies.

(9)  Before the state of Vermont imposes a tax to subsidize or otherwise pay for health care for the uninsured, the state should permit commercial insurance companies to offer more affordable reduced-benefit policies.

Ninth:  In Sec. 2, by inserting a new subdivision to be numbered subdivision (10) to read as follows:

(10)  The state of Vermont must not attempt to control health care spending by rationing health care services for which a patient has sufficient resources to cover the cost.  The resources might be in the form of private insurance, enrollment in a state health plan, or the patient’s personal resources. 

Tenth:  In Sec. 3, by striking out subdivision (1) in its entirety and inserting in lieu thereof a new subdivision (1) to read as follows:

(1)  Universal Access.  Vermont will continue to offer universal access to hospital care.  However, to meet better the needs of Vermonters, Vermont shall embrace policies that give health care professionals a clearer understanding of the needs and priorities of their patients by giving patients more control over their health care treatment decisions. 

(A)  Policies shall put the patient in the driver’s seat by providing access to cost and quality information and giving the patient the ability to make choices that best fit his or her needs. 

(B)  Policies will be such that the patient is encouraged to make the best use of the available health care resources.  Such policies will help health care professionals make investment decisions that will provide the best balance between the health and financial needs of their patients.

Eleventh:  In Sec. 3, subdivision (2), by striking out subparagraphs (A) and (I) and inserting in lieu thereof a new subparagraph (A) to read as follows:

(A)  consideration of what changes in state policy would enable the commercial health care insurance market to offer Vermonters more affordable and flexible health care insurance policies;

and at the end of subparagraph (G) by adding the word “and” after the semicolon and in subparagraph (H) at the end of the subparagraph by striking out the following: “; and” and inserting in lieu thereof a period

Twelfth:  In Sec. 3, subdivision (3), by striking out the words “expansions to

Thirteenth:  By striking out Sec. 4 in its entirety and inserting in lieu thereof a new section to be numbered Sec. 4 to read as follows:

Sec. 4.  PROCESS AND SCHEDULE FOR ATTAINING HEALTH CARE GOALS

(a)  On or before July 1, 2006, at least one commercial health insurance carrier will have health insurance which costs about $1,500.00 annually.

(b)  On or before January 15, 2006, the commissioner of banking, insurance, securities, and health care administration, in consultation with private insurers, shall study and make recommendations to the general assembly regarding policy and statutory changes necessary to enable private insurance carriers to offer insurance policies priced near $1,500.00 annually.  At a minimum, one policy should incorporate catastrophic coverage.  A second option might meet the needs of people with chronic illnesses.  In addition, the commissioner shall study and recommend policy and statutory changes necessary to enable private insurance carriers to offer a broader array of policies to meet the variety of needs within Vermont.

(c)  On or before January 15, 2007, the commissioner of banking, insurance, securities, and health care administration shall provide an update of the uninsured along with the number of Vermonters who are covered under the new, more affordable insurance plan.

Fourteenth:  By striking out Secs. 5, 6, 24, 25, 26, 27, 28, 29, and 32 in their entirety and renumbering the remaining sections accordingly

Fifteenth:  By striking out the existing Secs. 9 and 10 in their entirety and inserting in lieu thereof new Secs. 9 and 10 to read as follows:

Sec. 9.  8 V.S.A. § 4080a(h) is amended to read:

(h)(1)  A registered small group carrier shall use a community rating method acceptable to the commissioner for determining premiums for small group plans.  Except as provided in subdivision (2) of this subsection, the following risk classification factors are prohibited from use in rating small groups, employees, or members of such groups, and dependents of such employees or members:

(A)  demographic rating, including age and gender rating, but excluding age;

(B)  geographic area rating;

(C)  industry rating;

(D)  medical underwriting and screening;

(E)  experience rating;

(F)  tier rating; or

(G)  durational rating.

(2)(A)  The commissioner shall, by rule, adopt standards and a process for permitting registered small group carriers to use one or more risk classifications in their community rating method, provided that the premium charged shall not deviate above or below the community rate filed by the carrier by more than 20 percent (20%), and provided further that the commissioner’s rules may not permit any medical underwriting and screening.

(B)  The commissioner’s rules shall permit a carrier, including a hospital or medical service corporation, to establish premium discounts or rebates or otherwise modify applicable co-payments or deductibles in return for adherence to programs of health promotion and disease prevention, in accordance with federal regulations relating to bona fide wellness programs.  Under the federal regulations, permissible bona fide wellness programs shall:

(i)  limit any discount, rebate, or waiver of cost sharing to not more than 15 percent of the cost of employee-only coverage;

(ii)  be designed reasonably to promote good health or prevent disease for individuals in the program, and not be used as a subterfuge for imposing higher costs on an individual based on a health factor; and

(iii)  provide that the reward under the program is available to all similarly situated individuals.

(C)  The commissioner, in consultation with the commissioner of health, shall adopt by rule:

(i)  standards for approved health promotion and disease prevention programs, based on the best scientific, evidence-based medical practices; and

(ii)  standards and procedures for evaluating an individual’s adherence to programs of health promotion and disease prevention.

(3)  The commissioner may exempt from the requirements of this section an association as defined in section subdivision 4079(2) of this title which:

(A)  offers a small group plan to a member small employer which is community rated in accordance with the provisions of subdivisions (1) and (2) of this subsection.  The plan may include risk classifications in accordance with subdivision (2) of this subsection;

(B)  offers a small group plan that guarantees acceptance of all persons within the association and their dependents; and

(C)  offers one or more of the common health care plans approved by the commissioner under subsection (e) of this section.

(4)  The commissioner may revoke or deny the exemption set forth in subdivision (3) of this subsection if the commissioner determines that:

(A)  because of the nature, size or other characteristics of the association and its members, the employees or members are in need of the protections provided by this section; or

(B)  the association exemption has or would have a substantial adverse effect on the small group market.

Sec. 10.  8 V.S.A. § 4080b(h) is amended to read:

(h)(1)  A registered nongroup carrier shall use a community rating method acceptable to the commissioner for determining premiums for nongroup plans.  Except as provided in subdivision (2) of this subsection, the following risk classification factors are prohibited from use in rating individuals and their dependents:

(A)  demographic rating, including age and gender rating, and excluding age;

(B)  geographic area rating;

(C)  industry rating;

(D)  medical underwriting and screening;

(E)  experience rating;

(F)  tier rating; or

(G)  durational rating.

(2)(A)  The commissioner shall, by rule, adopt standards and a process for permitting registered nongroup carriers to use one or more risk classifications in their community rating method.  After July 1, 1993,; provided that the premium charged shall not deviate above or below the community rate filed by the carrier by more than 40 percent (40%) for two years, and thereafter 20 percent (20%).  Such rules may not permit, and provided further that the commissioner’s rules may not permit any medical underwriting and screening and shall give due consideration to the need for affordability and accessibility of health insurance.

(B)  The commissioner’s rules shall permit a carrier, including a hospital or medical service corporation, to establish premium discounts or rebates or otherwise modify applicable co-payments or deductibles in return for adherence to programs of health promotion and disease prevention, in accordance with federal regulations relating to bona fide wellness programs.  Under the federal regulations, permissible bona fide wellness programs shall:

(i)  limit any discount, rebate, or waiver of cost sharing to not more than 15 percent of the cost of employee-only coverage;

(ii)  be designed reasonably to promote good health or prevent disease for individuals in the program, and not be used as a subterfuge for imposing higher costs on an individual based on a health factor; and

(iii)  provide that the reward under the program is available to all similarly situated individuals.

(C)  The commissioner, in consultation with the commissioner of health, shall adopt by rule:

(i)  standards for approved health promotion and disease prevention programs, based on the best scientific, evidence-based medical practices; and

(ii)  standards and procedures for evaluating an individual’s adherence to programs of health promotion and disease prevention.

AMENDMENT TO SENATE PROPOSAL OF AMENDMENT TO

H. 524 TO BE OFFERED BY SENATOR ILLUZZI BEFORE THIRD READING

Senator Illuzzi moves to amend the Senate proposal of amendment as follows:

FirstIn Sec. 4, by adding a new subsection (h) to read:

(h)  Beginning on and after July 1, 2006, it is the intention of the General Assembly to use the revenue raised by this act, and match those state funds with federal Medicaid funds authorized under the global commitment waiver negotiated with the federal government, to support the following health care reform initiatives during the five year period of the global commitment waiver:

(1)  Approximately $105 million for premium and cost sharing assistance to low and moderate income uninsured Vermonters, so that they can afford a choice of health care coverage: Green Mountain Health coverage, or a comprehensive health benefit plan.

(2)  $20 million to increase Medicaid reimbursements to physicians and other health care practitioners, beginning with primary and preventive medical and dental services, and subsequently including specialty practitioners.

(3)  Approximately $10 million to fund expansions of primary and preventive health care in medically-underserved areas.

(4)  The remainder of available funds, anticipated to be around $100 million, to be invested in health care system change investments including, but not limited to, technology matching grants to hospitals and physicians offices, pharmacies, and mental health agencies, which agree to abide by rigorous technology and practice standards to achieve world class chronic disease management, definitively better outcomes, medical cost control, and to support “pay for performance”.

Second:  In Sec. 24, in 33 V.S.A., by striking out § 2026 and inserting in lieu thereof the following:

§ 2026.  ADMINISTRATION; INDIVIDUAL CHOICE OF COVERAGE

     (a)  Any uninsured Vermont resident may enroll in:

          (1)  the Green Mountain Health plan approved under section 2022 of this title; or

          (2) a comprehensive health benefit plan approved by the commissioner of banking, insurance, securities and health care administration with a deductible amount, and with a benefit design which covers preventive care notwithstanding any deductible amount.

     (b)  The commissioner of banking, insurance, securities and health care administration may permit or require health insurance companies, health maintenance organizations, and hospital or medical service corporations to offer the plans described in subsection (a) of this subsection, in accordance with such terms and conditions as the commissioner may prescribe.

     (c)  Any uninsured Vermont resident with household income greater than 300 percent of the federal poverty level may enroll in either of the health benefit plans described in subsection (a) of this section, subject to the payment of a premium sufficient to support the per member costs of the plan, and subject to applicable cost sharing requirements. 

     (d)  Any uninsured Vermont resident with household income over 150 percent of the federal poverty level and less than or equal to 300 percent of the federal poverty level may enroll in either of the health benefit plans described in subsection (a) of this section, subject to any applicable premiums and cost sharing requirements.  Upon enrollment, the resident shall be eligible to receive income-sensitive assistance with any applicable premiums, deductibles and other cost sharing, in accordance with rules adopted by the office in consultation with the commissioner of banking, insurance, securities and health care administration.  The public cost of such assistance shall be substantially the same regardless of the coverage plan the individual chooses.

     (e)  The office of Vermont health access shall conduct an outreach and education program designed to enroll all eligible Vermont residents in Medicaid, VHAP and any other public health benefit plan.

     (f)  The director of the office of Vermont health access and the commissioner of banking, insurance, securities and health care administration may adopt such rules as are necessary to carry out the purposes of this section.  The commissioner may exercise his or her authority under Title 8 and Title 18 to carry out the purposes of this section.

     (g)  The office of Vermont health access may use Medicaid funds authorized under a Medicaid waiver negotiated with the federal government, including the global commitment waiver, to support all or a portion of the program authorized by this section.

     (h)  Between January 1, 2006 and December 31, 2008, the commissioner of banking, insurance, securities, and health care administration shall ensure that:

          (1)  hospital budgets approved under subchapter 7 of chapter 221 of Title 18 reflect, in their contracts with health benefit plans, each hospital’s decrease in uncompensated care attributable to the uninsured resulting from the programs established by this section; and

          (2)  health insurance premiums approved under 8 V.S.A. § 4062 account for lower health care facility and provider charges reflecting less uncompensated care attributable to the uninsured, and reduced per member costs reflecting the improved demographic characteristics of newly insured subscribers.

     Third: By striking out Secs. 25 and 26 in their entirety and inserting in lieu thereof the following:

Sec. 25.  32 V.S.A. § 8551 is amended to read:

§ 8551.  IMPOSITION; RATE AND BASIS OF TAX

     (a)  A domestic or foreign insurance company, association or society, other than life, or a surety or guaranty company, doing business in this state, shall pay a tax to the state, which is hereby assessed at the rate of two percent per annum on the gross amount of premiums and assessments written on its business in this state, but not including premiums received for reinsurance.  A domestic or foreign life insurance company, doing business in this state, shall pay a tax to the state, which is hereby assessed at the rate of two percent per annum on the gross amount of premiums and assessments collected on its business in this state, but not including premiums received for reinsurance.

     (b)  Notwithstanding the provisions of subsection (a), a domestic or foreign insurance company, association or society doing health insurance business in this state, and carriers for any health benefit plan stop loss and excess coverage insurance doing business in this state, shall pay a tax to the state, which is hereby assessed at the rate of three percent per annum on the gross amount of premiums and assessments written on its business in this state, but not including premiums received for reinsurance.

     (c)  Beginning with taxes paid in calendar year 2006, all of the revenues raised by the tax imposed by subsection (b) of this section shall be deposited into the Green Mountain Health trust fund established under section 2028 of Title 33.

     (d)  As used in this section, and in sections 8552 through 8556 of this title, “insurance company” includes a hospital or medical service corporation, and a health maintenance organization.

Sec. 26.  8 V.S.A. § 4518 is amended to read:

§ 4518.  TAX EXEMPTION

A hospital service corporation shall be exempt from all forms of taxation, except as provided under subchapter 7 of chapter 211 of Title 32.

Sec. 26a.  8 V.S.A. § 4590 is amended to read:

§ 4590.  TAX EXEMPTION

A medical service corporation shall be exempt from all forms of taxation, except as provided under subchapter 7 of chapter 211 of Title 32.

AMENDMENT TO SENATE PROPOSAL OF AMENDMENT TO

H. 524 TO BE OFFERED BY SENATOR WILTON BEFORE THIRD READING

Senator Wilton moves to amend the Senate proposal of amendment by adding a new section to be numbered Sec. 7b, to read as follows:

Sec. 7b.  12 V.S.A. § 5784 is added to read:

§ 5784.  PRESCRIBER IMMUNITY FROM LIABILITY

No person shall be liable to a patient or third party for injuries sustained as a result of the use of a lawfully prescribed drug or medical device, provided the drug or device was prescribed in a manner consistent with approved United State Food and Drug Administration instructions and any known indications and contraindications for the drug or device.

AMENDMENT TO H. 524 TO BE OFFERED BY SENATOR CUMMINGS BEFORE THIRD READING

Senator Cummings moves to amend the Senate proposal of amendment as follows:

First:  In Sec. 5, by striking out subparagraph (b) in its entirety and inserting in lieu thereof the following:

(b)  On or before July 1, 2009, provided the commission determines that cost savings relative to the benchmarks established under this section are met, the commission shall recommend to the general assembly that all Vermonters have a minimum common benefit level, including hospital coverage, and be able to choose between Green Mountain Health and any commercial plan offering a common benefit level.

SecondIn Sec. 14, 18 V.S.A. § 9473(b), by striking out the second sentence in its entirety and inserting in lieu thereof the following:

The attorney general and the commissioner shall consult with each other prior to the commencement of any investigation or enforcement action with respect to any pharmacy benefit manager. 

ThirdIn Sec. 25, by striking out subsection (a) of 32 V.S.A. § 5848 and inserting a new subsection (a) to read:

(a)  An employer health insurance impact tax is imposed upon every person who is required under subchapter 4 of this chapter to withhold income taxes from payments of income with respect to services. 

(1)  The tax under this section shall be equal to an estimated rate of 3.0 percent of the total taxable earnings, as defined for Medicare part A taxable earnings paid to:

(A) all employees in the reporting period, if the employer did not offer paid or partially-paid health insurance for the entire preceding calendar quarter to all its employees; or

(B)  all employees in the reporting period who were not covered by health insurance for the entire calendar quarter preceding the reporting period, if the employer did offer paid or partially-paid health insurance for the entire preceding calendar quarter to all its employees.  An employee whose only health insurance coverage is through any combination of Green Mountain Health, Dr. Dynasaur, the Vermont Health Access Program, Medicaid or a Medicaid-waiver program is considered not covered by health insurance for purposes of the health impact tax under this subdivision.

          (2)  The first $25,000.00 of wages which, but for this provision would be subject to this tax, shall be exempt each year. 

Second Reading

Favorable with Proposal of Amendment

H. 241

An act relating to prohibition of smoking in all public places.

Reported favorably with recommendation of proposal of amendment by Senator Lyons for the Committee on Health and Welfare.

The Committee recommends that the Senate propose to the House to amend the bill by adding a new Sec. 4 to read:

Sec. 4.  EFFECTIVE DATE

This act shall take effect on September 1, 2005.

(Committee Vote: 6-0-0)

(For House amendments, see House Journal for April 5, 2005, page 493.)

House Proposal of Amendment

S. 66

An act relating to the welfare of animals.

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

First:  In Sec. 1, by inserting “or other states” at the end of subsection (a)(1) following the phrase “utilized in New Hampshire

Second:  In Sec. 1, by striking the word “and” at the end of subdivision (b)(12), by striking the period at the end of subdivision (13) and inserting in lieu thereof a semicolon, and by adding subdivisions (14) through (17) to read as follows:

(14)  A member of the Vermont animal control association to be appointed by the association;

(15)  A member of a rabbit breeder’s association to be appointed by the secretary of agriculture, food and markets;

(16)  The commissioner of fish and wildlife or his or her designee; and

(17)  A member of an animal rescue group to be appointed by the secretary of agriculture, food and markets.

Report of Committee of Conference

H. 518

An act relating to capital construction and state bonding.

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House Bill entitled:

H. 518.  An act relating to capital construction and state bonding.

Respectfully report that they have met and considered the same and recommend that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

* * * Capital Appropriations * * *

Sec. 1.  STATE BUILDINGS

The sum of $12,166,000 is appropriated to the department of buildings and general services, and the commissioner is authorized to direct funds appropriated in this section to the projects contained in this section; however, no project shall be canceled unless the chairs of the house and senate committees on institutions are notified before that action is taken.  The individual appropriations in this section are estimates only.

(1)  Bennington, state office building, completion:                            (590,000)

(2)  Burlington, Cherry Street garages, continued repairs:    (910,000)

(3)  Chittenden and Washington Counties, health and safety labs, continued planning, design, and permitting:                        (1,800,000)

(4)  Montpelier, 133 State Street, renovations:                             (1,900,000)

(5)  Montpelier, capitol complex heating system, completion of schematic design:                                                                      (90,000)

(6)  Montpelier, 109 State Street, renovation:                                 (500,000)

(7)  Statewide, major maintenance:                                              (5,000,000)

(8)  Statewide, Americans with Disabilities Act (ADA), accessibility to public buildings; provided that $100,000 of this appropriation shall be the state match for a potential agency of transportation enhancement grant for the Kent Tavern in Calais, which match shall not be disbursed until evidence is provided to the department that federal funds have been awarded; and further provided that if evidence of federal approval for an enhancement grant is not provided to the department on or before January 1, 2006, the department shall use the $100,000 for one or more other accessibility projects identified in state buildings; and further provided that $50,000 of this appropriation shall be used for ADA improvements at state-supported domestic violence centers according to a priority list provided by the Vermont center for crime victims services:                                                                                                                                                      (300,000)

(9)  Statewide, contingency fund:                                                    (500,000)

(10)  Statewide, building reuse:                                           (100,000)

(11)  Statewide, planning:                                                                 (25,000)

(12)  Statewide, State House, flag conservation:                                (20,000)

(13)  Statewide, secretary of state, archive facility; for preliminary space layout, site identification and evaluation, acquisition of an option on a site, and schematic design, provided that schematic design shall not occur until a site has been identified within close proximity to the State House:                      (90,000)

(14)  Waterbury, state office complex, generator, electrical upgrades:                                                                                                                    (275,000)

(15)  State House, chairs for house committee rooms:           (41,000)

(16)  State House, vertical files and constituent seating for senate committee rooms, decorative stenciling in room 6:                    (25,000)

(Total appropriation – Section 1                                                         $12,166,000)

Sec. 2.  TAXES

The sum of $100,000 is appropriated to the department of taxes as the second appropriation in an anticipated five-year project to update statewide quadrangle maps through digital orthophotographic quadrangle mapping.

(Total appropriation – Section 2                                                            $100,000)

Sec. 3.  HUMAN SERVICES

(a)  Vermont state hospital; renovations.  The sum of $300,000 is appropriated to the department of buildings and general services for the agency of human services to complete necessary FY2005 renovations and make additional capital improvements for patient and staff safety purposes at the Vermont state hospital, to be substantially complete by September 1, 2005.

(b)  Vermont state hospital; future planning. 

(1)  The sum of $625,000 is appropriated to the department of buildings and general services for planning associated with the state hospital, as follows:

(A)  The department may use up to $250,000 of this appropriation to begin planning, evaluation, and design work for the plan required from the secretary of human services by Sec. 141a of No. 122 of the Acts of the 2003 Adj. Sess. (2004) (the “Plan”), provided:

(i)  This portion of the appropriation shall be used solely for those capital costs that are necessary to bring the Plan to the legislative approval phase required by Act No. 122; and

(ii)  This portion of the appropriation may be encumbered and disbursed only after a detailed itemization of the specific manner in which the funds shall be spent is presented to and approved by the joint legislative mental health oversight committee.

(B)  The department may use the remaining funds appropriated in this subsection (b) in connection with work required by the Plan; provided the work under this subdivision shall be initiated and the remaining sum shall be disbursed only after proven necessary by the Plan if and when the Plan is approved, with or without amendments, pursuant to Act No. 122.

(2)  The department shall provide regular reports to the joint legislative mental health oversight committee and to the chairs of the house and senate committees on institutions regarding the status of the work authorized in this subsection.

(c)(1)  The sum of $400,000 is appropriated to the department of buildings and general services for the agency of human services, department of corrections, for site acquisition, design, and initial construction costs of a minimum security, dormitory-style work camp.

(2)  It is the intent of the general assembly that the creation of one or more new work camps will help alleviate the current overcrowded conditions in the state’s correctional facilities and permit Vermonters housed in out‑of‑state facilities to be brought home to Vermont.  The general assembly specifically does not intend the creation of new work camps to result in an increase in the total number of Vermont offenders sentenced to incarceration.  Therefore, specific plans and programs developed by the department of corrections shall restrict placement in new work camps to those offenders who have been convicted of a nonviolent offense and who have served a portion of their current sentence within a correctional facility.  No court shall impose a sentence of imprisonment to be served initially or solely within the new facility. 

(d)  The sum of $500,000 is appropriated to the department of buildings and general services for the agency of human services, department of corrections, to complete renovations necessary to bring the sprinkler and smoke evacuation systems at the northwest state correctional facility in St. Albans into compliance with life‑safety codes.

(e)(1)  The sum of $38,000 is appropriated to the department of buildings and general services for the agency of human services, department of corrections, for site preparation and construction of a greenhouse at the southeast state correctional facility in Windsor, to be constructed in part by the inmates of that facility.

(2)  On or before January 15, 2006, the department of corrections shall report to the house and senate committees on institutions its recommendations for the use or disposal of mill equipment located at the southeast state correctional facility. 

(f)  Vermont correctional industries, southern state correctional facility, Springfield.

(1)  The department of corrections shall develop and provide to the department of buildings and general services a proposal for programs to occur within a potential correctional industries building to be constructed at the southern state correctional facility.

(2)  The sum of $50,000 is appropriated to the department of buildings and general services for the agency of human services, department of corrections, to prepare a design for fit-up of a Vermont correctional industries building at the southern state correctional facility.

(3)  On or before January 15, 2006, the department of corrections shall prepare and present to the senate and house committees on appropriations and institutions proposed operational and equipment budgets for the program proposal required in subdivision (1) of this subsection.

(Total appropriation – Section 3                                                           $1,913,000)

Sec. 4.  JUDICIARY

The sum of $950,000 is appropriated to the department of buildings and general services for the judiciary to renovate the existing Rutland courthouse to accommodate the offices of probation and parole.

(Total appropriation – Section 4                                                              $950,000)

Sec. 5.  COMMERCE AND COMMUNITY DEVELOPMENT

(a)  The sum of $150,000 is appropriated to the department of buildings and general services for the agency of commerce and community development for major maintenance at historic sites statewide; provided such maintenance shall be under the supervision of the department of buildings and general services.

(b)  The sum of $30,000 is appropriated to the agency of commerce and community development for underwater preserves. 

(c)  Calvin Coolidge homestead, Plymouth Notch.

(1)  The sum of $100,000 is appropriated to the department of buildings and general services for the agency of commerce and community development as the final state match for a federal Save America’s Treasures grant for installation of a sprinkler system at the Calvin Coolidge homestead in Plymouth Notch; provided that no portion of this appropriation shall be disbursed until evidence is provided to the department that the federal funds have been awarded.

(2)  The sum of $70,000 is appropriated to the department of buildings and general services for the agency of commerce and community development for the Calvin Coolidge homestead to be used by the department to acquire an option to purchase the Hoskison property and to purchase an easement to access, install, and maintain components of a fire suppression system for the homestead; provided that any option acquired pursuant to this subdivision shall ensure that all sums paid to acquire the option and easement are credited against the purchase price; and further provided that, if all or a portion of the funds necessary for these purposes are received from nonstate sources, then the balance of this appropriation shall be used for the purposes in subsection (d) of this section. 

(d)  The sum of $80,000 is appropriated to the department of buildings and general services for the agency of commerce and community development for continued renovation of the Kent Tavern in Calais.

(e)  The sum of $25,000 is appropriated to the department of buildings and general services for the agency of commerce and community development to assist the Vermont Humanities Council purchase real property in Montpelier.

(Total appropriation – Section 5                                                             $455,000)

Sec. 6.  EDUCATION

(a)  The sum of $9,300,000 shall be expended by the department of education for state aid for school construction projects pursuant to section 3448 of Title 16, of which amount the sum of $5,300,000 shall be appropriated from capital funds in this act and the sum of $4,000,000 shall be from general funds appropriated by Sec. 255(b) of No. XXX of the Acts of 2005 (the Fiscal Year 2006 Appropriations Act); provided that, notwithstanding any provision of section 3448 of Title 16 or state board of education rule to the contrary:

(1)  Up to $5,256,245 of this appropriation shall be used to pay first awards to all projects on the state board’s prioritized list submitted to the legislature in January 2005 that initiated construction on or before December 31, 2004 and to pay final awards to all projects on that list that have completed construction on or before December 31, 2004; and

(2)  Up to $72,039 of this appropriation shall be used to pay costs associated with emergency shelters in schools.

(b)  The sum of $100,000 is appropriated to the department of education for regional technical education centers and comprehensive high schools to assist with the purchase of educational program equipment, to be distributed in equal amounts to each center and high school with no local matching funds required.

(c)  The sum of $800,000 is appropriated to the department of buildings and general services for the Brattleboro Union High School District #6 in partial payment of the state’s obligation to pay 100 percent of the approved cost of the Windham Regional Career Center (Southeastern Vermont Career Education Center) project. 

(d)  The state board of education is directed to evaluate the method by which it assigns points to school projects and places them on a prioritized list.  It shall also consider ways in which it might integrate technical education centers, including the three proposed projects for which the state is obligated to provide 100 percent state aid, into the prioritization system or ways in which it might otherwise ensure a reasonably predictable payment schedule for such centers.  On or before January 15, 2006, the board shall report to the house and senate committees on institutions and on education regarding its evaluation, any changes it has made, and any recommendations it is proposing for legislation.

(e)  Notwithstanding any provision of law to the contrary, including subdivision 3448(a)(5) of Title 16 requiring approval of a final application by the state board of education as a precondition to receipt of school construction aid, the sum of up to $16,044 is appropriated to the department of education for the Danville School District to equal 25 percent of construction aid for the state’s total share of costs incurred in 2004, if the district’s costs are deemed eligible by the commissioner of education under state board rules, and if the project was properly bid under section 559 of Title 16.  In no case shall the construction aid exceed 25 percent of the voter-approved cost of the project. 

(f)  Notwithstanding any provision of law to the contrary including subdivision 3448(a)(5) of Title 16 requiring approval of a final application by the state board of education as a precondition to receipt of school construction aid, the sum of up to $71,300 is appropriated to the department of education for the Middlebury Union High School District #3 to equal 25 percent of construction aid for the state’s total share of costs incurred in 2004 for health and safety improvements to its gymnasium, if the district’s costs are deemed eligible by the commissioner of education under state board rules and if the project was properly bid under section 559 of Title 16.  In no case shall the construction aid exceed 25 percent of the voter-approved cost of the project.

(g)  Notwithstanding any provision of law that might render an early education program ineligible for state school construction aid under chapter 123 of Title 16, the sum of $27,930 is appropriated to the department of education for the Orleans Central Supervisory Union to equal 30 percent construction aid for additional costs associated with construction of a community early education center in Barton, pursuant to the provisions by which funding was originally authorized as set forth in Sec. 67 of No. 149 of the Acts of the 2001 Adj. Sess. (2002).

(h)  The sum of $200,000 is appropriated to the department of buildings and general services for the North Country Career Center project to finalize documents necessary for preliminary state review and a public bond vote. 

(Total appropriation – Section 6                                                         $6,515,274)

Sec. 7.  UNIVERSITY OF VERMONT

The sum of $1,700,000 is appropriated to the department of buildings and general services for the University of Vermont to assist with construction, renovation, and major facility maintenance to the university campus that advances the mission of the university to prepare the students to lead productive lives and to interpret and share knowledge for the benefit of Vermont and for society as a whole.  The university shall file with the general assembly an annual report, on or before January 15, that details the status of capital projects funded in whole or in part by state capital appropriations.

(Total appropriation – Section 7                                                          $1,700,000)

Sec. 8.  VERMONT STATE COLLEGES

The sum of $1,700,000 is appropriated to the Vermont state colleges for major facility maintenance.

(Total appropriation – Section 8                                                           $1,700,000)

Sec. 9.  NATURAL RESOURCES

(a)  The sum of $7,550,000 is appropriated to the agency of natural resources for water pollution grants and the state match for the pollution control and public drinking water supply program state revolving fund loans, all in accordance with chapter 55 of Title 10 and chapter 120 of Title 24 for projects on a list prepared by the agency of natural resources, dated May 20, 2003 entitled “Wastewater Project Phase-In List from the Capital Bill Conference Committee 2003 Legislative Session” and referenced in Sec. 55 of No. 63 of the Acts of 2003; provided that this appropriation shall include a grant of $200,000 to the Marshfield Village Water District to improve the existing water system, such that the public drinking water supplied by the Marshfield Village Water District meets state standards for uranium.

(b)  The sum of $2,200,000 is appropriated to the agency of natural resources for the clean and clear program to accelerate the reduction of phosphorus discharges into Lake Champlain and other waters of the state; provided that this appropriation shall include a grant of up to $300,000 to assist the town of Chester to pay for the cost overrun associated with its wastewater treatment facility upgrade. 

(c)  The sum of $450,000 is appropriated to the agency of natural resources for maintenance, repair, dismantling, and reconstruction of state-owned dams.

(d)  The sum of $600,000 is appropriated to the agency of natural resources for the department of forests, parks and recreation for rehabilitation of aging state park infrastructure.

(e)  The sum of $50,000 is appropriated to the agency of natural resources for wildlife habitat restoration.  If the agency contracts with nonstate workers for some or all of the habitat restoration, then it shall be done on a competitive bid basis under best bid award criteria.

(f)  The sum of $125,000 is appropriated to the agency of natural resources for the department of fish and wildlife to continue construction of a dining hall and education center at the Kehoe conservation camp in Castleton; provided that no part of any general fund appropriation or of this or any unspent portion of a previous capital appropriation for the camp shall be disbursed until evidence is provided to the secretary of the agency that the state’s lease of this facility has been renegotiated to provide the state with:

(1)  A lease term of 99 years; and

(2)  The right of first refusal in the event of a sale.

(g)  The sum of $270,000 is appropriated to the agency of natural resources for the department of fish and wildlife to construct two site supervisor residences at the Ed Weed fish culture station; provided that the construction shall be directed by the department of buildings and general services.

(h)  The sum of $50,000 is appropriated to the agency of natural resources for the Green Mountain Club, Inc. for the procurement, in fee simple or by easement, of properties along the Long Trail; provided that any easement acquired shall be recorded in a deed from the landowner to the state of Vermont and may not be assigned or changed without the agreement of both parties.

(Total appropriation – Section 9                                                         $11,295,000)

Sec. 10.  MILITARY

The sum of $100,000 is appropriated to the department of the military to address capital emergencies and maintenance projects identified by the department.

(Total appropriation – Section 10                                                            $100,000)

Sec. 11.  VERMONT HISTORICAL SOCIETY

The sum of $50,000 is appropriated to the Vermont historical society for the final phase of renovating the former Spaulding Graded School in Barre, an education and research center known as the Vermont History Center.

(Total appropriation – Section 11                                                              $50,000)

Sec. 12.  PUBLIC SAFETY

(a)  The sum of $2,850,000 is appropriated to the department of buildings and general services for the department of public safety to finalize construction and fit-up of a new state police station in Addison County to replace the station currently located in Middlebury, to replace funds originally appropriated to this project and subsequently transferred for use in connection with the construction of a new Bethel/Royalton state police station.

(b)  The sum of $150,000 is appropriated to the department of buildings and general services for the department of public safety for renovations to state police stations in Middlesex, Bradford, Rockingham, and Rutland.

(Total appropriation – Section 12                                                     $3,000,000)

Sec. 13.  CRIMINAL JUSTICE AND FIRE SERVICE TRAINING COUNCILS

(a)  The sum of $100,000 is appropriated to the department of buildings and general services for the Vermont criminal justice training council in Pittsford for creation of a streetscape training building. 

(b)  The sum of $30,000 is appropriated to the department of buildings and general services for the Vermont criminal justice and fire service training council site in Pittsford as the state match required for the acquisition and placement of an emergency generators.

(c)  The sum of $225,000 is appropriated to the department of buildings and general services for the Vermont fire service training council in Pittsford to design a Vermont emergency service training classroom at the Pittsford training academy.

(Total appropriation – Section 13                                                         $355,000)

Sec. 14.  AGRICULTURE, FOOD AND MARKETS

(a)  The sum of $1,800,000 is appropriated to the agency of agriculture, food and markets, best management practice implementation cost share program, for agricultural nonpoint source pollution reduction.  Farmers participating in this program may receive a maximum of 50 percent of state aid when no federal dollars are available.

(b)  The sum of $300,000 is appropriated to the agency of agriculture, food and markets as a 20-percent state match for the federal conservation reserve enhancement program.

(c)  The sum of $138,888 is appropriated to the agency of agriculture, food and markets for the competitive grants program for agricultural fair capital projects.  No single entity shall be awarded more than ten percent of this appropriation.

(Total appropriation – Section 14                                                         $2,238,888)

Sec. 15.  VERMONT RURAL FIRE PROTECTION

The sum of $100,000 is appropriated to the department of buildings and general services for the Vermont rural fire protection task force to continue the dry hydrant program.

(Total appropriation – Section 15                                                            $100,000)

Sec. 16.  BUILDING COMMUNITIES GRANTS

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

(1)  The historic preservation grant program:                          200,000

(2)  The historic barns preservation grant program:                             100,000

(b)  The sum of $200,000 is appropriated to the agency of commerce and community development, division for historic preservation, for the cultural facilities competitive grant program, to be administered by the Vermont Arts Council and 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.  No portion of this appropriation shall be used to pay salaries.  The appropriation shall be awarded on a competitive basis.  In recommending grant awards, a review panel shall give priority consideration to applicants who demonstrate greater financial need or are in underserved areas of the state. 

(c)  The sum of $200,000 is appropriated to the department of buildings and general services for the recreational and educational facilities grant program established in Sec. 34 of this act.

(d)  The sum of $150,000 is appropriated to the agency of commerce and community development for the broadband development grant program established in Sec. 35 of this act.

(e)  The sum of $200,000 is appropriated to the department of buildings and general services for the human service grant program established in Sec. 36 of this act.

(Total appropriation – Section 16                                                         $1,050,000)

Sec. 17.  VERMONT PUBLIC TELEVISION

The sum of $425,000 is appropriated to the department of buildings and general services for Vermont Public Television for either or a portion of both of the following purposes:

(1)  The federally mandated conversion of Vermont Public Television’s transmission sites to digital broadcasting format. 

(2)  Vermont Public Television’s share of the costs of a state-mandated collocation project on Mount Mansfield.

(Total appropriation – Section 17                                                          $425,000)

Sec. 18.  VERMONT INTERACTIVE TELEVISION

The sum of $60,000 is appropriated to the department of buildings and general services for Vermont Interactive Television to purchase equipment necessary for the creation of a new interactive television site to be located in Montpelier. 

(Total appropriation – Section 18                                                              $60,000)

Sec. 19.  VERMONT VETERANS’ HOME

The sum of $750,000 is appropriated to the department of buildings and general services for the Vermont Veterans’ Home for the state share of a new geothermal heating plant.

(Total appropriation – Section 19                                                            $750,000)

Sec. 20.  VERMONT VETERANS’ MEMORIAL CEMETERY

The sum of $250,000 is appropriated to the department of buildings and general services for the Vermont Veterans’ Memorial Cemetery Advisory Board for cemetery expansion design; provided that when the state receives federal reimbursement for this appropriation, the general assembly shall be notified, and the funds shall be reallocated for future capital appropriations.

(Total appropriation – Section 20                                                            $250,000)

* * * Financing this Act * * *

Sec. 21.  REALLOCATION OF FUNDS

Of the amount received from the sale of state-owned land in the town of Duxbury, authorized by No. 102 of the Acts of the 1995 Adj. Sess. (1996), the sum of $173,162 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 of this act.

(Total reallocation– Section 21                                                                $173,162)

Sec. 22.  GENERAL OBLIGATION BONDS

The state treasurer is authorized to issue general obligation bonds in the amount of $45,000,000 for the purpose of funding the appropriations of this act.  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.  The state treasurer shall allocate the estimated cost of bond issuance, or issuances, to the entities to which funds are appropriated pursuant to this section and for which bonding is required as the source of funds, pursuant to 32 V.S.A. § 954.

(Total bonding – Section 22                                                               $45,000,000)

* * * Managing this Act * * *

Sec. 23.  REALLOCATION; TRANSFER OF FUNDS

(a)  Historic sites.  The commissioner of buildings and general services may reallocate the funds in Sec. 5(a) of this act (commerce and community development) to state historic sites other than those presented to the general assembly during the 2005 legislative session only for major maintenance, should a more pressing need arise following the legislative session.

(b)  Natural resources.  The secretary of natural resources, with the approval of the secretary of administration, may transfer any unexpended project balances between projects authorized in Sec. 9(a) and (d) of this act (natural resources).

(c)  Vermont Veterans’ Home.  If federal funding for a geothermal heating plant at the Vermont Veterans’ Home is not awarded for the project authorized in Sec. 19 of this act, then the commissioner of buildings and general services may use up to $300,000 from the appropriation in that section for the state share of a new oil-fired heating plant at the home; provided that one-half of all remaining funds shall be transferred to the projects funded in Sec. 7 (University of Vermont) of this act and one-half shall be transferred to the projects funded in Sec. 8 (Vermont State Colleges) of this act. 

(d)  Fire service training council.  The commissioner of buildings and general services may transfer any unexpended project balance from the appropriation made in Sec. 13(b) of No 63 of the Acts of 2003 (fire service training council) for use by the council for repairs to its ladder/pumper truck.

Sec. 24.  ACCEPTANCE OF GRANTS AND OTHER FUNDS

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

(1)  The commissioner of environmental conservation, with the approval of the secretary of natural resources, may accept federal grants made available through the federal Clean Water Act and the federal Drinking Water Act in accordance with chapter 120 of Title 24.  Acceptance of this grant money is hereby approved, provided all notifications are made under subsection 4760(a) of Title 24.

(2)  The commissioner of corrections, with the approval of the secretary of human services, may accept federal grants made available through federal crime bill legislation. 

(3)  The commissioner of buildings and general services may accept grants of funds, equipment, and services from any source, including federal appropriations, for the installation, operation, implementation, or maintenance of energy conservation measures or improvements at state buildings.

(4)  The commissioner of buildings and general services may accept grants of funds from the National Cemetery Administration for the design cost reimbursement for the Vermont Veterans’ Memorial Cemetery expansion authorized by Sec. 20 of this act.

(5)  The commissioner of buildings and general services may use grant funds received by the town of Pittsford or the Rutland County sheriff’s department for a power generator, which may be made available for the purchase and installation of an emergency power generator at the Vermont criminal justice and fire service training facility in Pittsford, Vermont.  These funds may be used to defray or supplement costs in Sec. 13(b) of this act.

(6)  The commissioner of buildings and general services may accept federal grant funds in connection with the state health and forensic laboratories.  These funds may be used to defray or supplement costs in
Sec. 1(3) of this act.

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

* * * Buildings and General Services; State Buildings * * *

Sec. 25.  PROJECTS FUNDED IN PRIOR YEARS

The commissioner of buildings and general services is authorized to use funds appropriated under this act for capital projects requiring additional support that were funded with capital or general appropriations made in prior years.

Sec. 26.  PROPERTY TRANSACTIONS; BRANDON

Notwithstanding any provision of Sec. 1(b) of No. 59 of the Acts of 1993 or Sec. 23 of No. 62 of the Acts of 1995 to the contrary, the amount received from the sale of state-owned land in the town of Brandon, authorized by No. 59 of the Acts of 1993, which is anticipated to be in the amount of $400,000 more or less after payment of costs and fees associated with the sale, shall be disbursed to the department of education for regional technical education centers and comprehensive high schools to assist with the purchase of educational program equipment to be distributed in equal amounts to each center and high school with no local matching funds required.

Sec. 27.  PROPERTY TRANSACTIONS; SOUTH BURLINGTON

The commissioner of buildings and general services is authorized to enter into negotiations with the City of South Burlington for the sale of a portion of state land located on Swift Street at the Chittenden regional correctional facility for the purposes of stormwater management in the city; provided that negotiations shall include consideration of the fair market value of the parcel; and further provided that sale of the parcel is authorized only after first obtaining the approval of at least three of the following members of the general assembly:  the chairs and vice chairs of the house and senate committees on institutions or their designees.

Sec. 28.  STATE HOUSE; COMMITTEE

(a)  The special committee created by Sec. 2(b) of No. 61 of the Acts of 2001 is abolished.

(b)  There is created a state house committee (“committee”) to oversee planning and design necessary to accommodate increased space needs in the state house, the members of which shall be:

(1)  The chairs and vice chairs of the house and senate committees on institutions or their designees.

(2)  One additional member of the house of representatives, to be selected by the speaker of the house.

(3)  One additional member of the senate, to be selected by the committee on committees.

(4)  The commissioner of buildings and general services, who shall serve as chair of the committee.

(5)  The chair of the Advisory Council on Historic Preservation or the chair’s designee.

(6)  A representative of the Friends of the Vermont State House.

(7)  The sergeant at arms of the Vermont general assembly or the sergeant at arms’ designee.

(8)  A member to be chosen by the commissioner of buildings and general services.

(c)  On or before July 15, 2005, the commissioner of buildings and general services shall call a meeting of the committee to review and consider:

(1)  Designs considered by the technical advisory committee, so-called, or the special committee abolished in subsection (a) of this section, or both.

(2)  Proposals considered in the past for space improvements that do not increase the footprint of the current state house.

(3)  Proposals for a stand-alone facility to be located to the west of the “Pink Lady” to accommodate the offices of legislative council.

(d)  On or before January 15, 2006, the committee shall report to the members of the house and senate committees on institutions regarding its recommendations under subsection (c) of this section.

(e)  For attendance at a meeting when the general assembly is not in session, legislative members of the committee shall be entitled to compensation for services and reimbursement of expenses as provided under 2 V.S.A. § 406(a).

(f)  Sec. 28 of No. 121 of the Acts of the 2003 Adj. Sess. (2004) is repealed.

Sec. 29.  PROPERTY TRANSACTIONS; VERMONT STATE POLICE FACILITIES

(a)  Addison and Franklin Counties.  If necessary permits for the new Addison County state police station in New Haven are not issued by October 1, 2005, the commissioner of buildings and general services is authorized, at his or her discretion, to use the funds appropriated in Sec. 12 of this act to begin construction of a new state police station in St. Albans, provided that the station shall be designed and constructed, to the extent feasible, using the “prototype” plans developed for the Vermont state police stations.

(b)  Windham County.  The commissioner of buildings and general services is authorized to use funds provided by the department of public safety to make improvements and renovations to the state police station in Brattleboro and to construct an adjacent garage.  The estimated cost of these improvements is approximately $40,000.

Sec. 30.  REPEAL

Sec. 86 of No. 121 of the Acts of the 2003 Adj. Sess. (2004) (St. Albans state police facility; development agreement) is repealed. 

Sec. 31.  STATE OFFICES; CHITTENDEN AND WASHINGTON COUNTIES

(a)  In order to accommodate state infrastructure needs, the commissioner of buildings and general services shall hire one or more consultants to evaluate existing and potential state office space in Chittenden and Washington Counties.  Consideration of office space currently owned or occupied by the state (the “State Buildings”) shall focus primarily on those State Buildings located at 50 Cherry Street (the Formac Building) in Burlington; 108 Cherry Street (the Zampieri Office Building) in Burlington; 195 Colchester Avenue (health laboratory) in Burlington; 1193 North Avenue (the Thayer School) in Burlington; 59 Pearl Street in Burlington; the state police barracks in Williston; and the state forensic laboratory in Waterbury.     

(b)  In performing the work required by this section, the consultant or consultants, under the direction of the commissioner, shall:

(1)  Evaluate the suitability of the physical structure to support the provision of programs and services currently offered or proposed to be offered in the State Buildings.

(2)  Explore and evaluate opportunities to purchase real property in Chittenden and Washington Counties, to redevelop one or more of the State Buildings, or to do both, in order to more efficiently provide the programs and services currently offered or proposed to be offered in the State Buildings.

(3)  Appraise the property value of one or more of the State Buildings and explore and evaluate opportunities for their sale.

(4)  Develop a comprehensive proposal to meet state infrastructure needs, which proposal:

(A)  May include purchase of real property, redevelopment of one or more of the State Buildings, sale of one or more of the State Buildings, and relocation of the programs and services currently offered in the State Buildings.

(B)  Shall include consideration of the state’s desire to promote Vermont’s traditional settlement patterns and to utilize space in existing downtowns and village centers as evinced in both statute and executive orders.

(c)  On or before December 1, 2005, the commissioner of buildings and general services shall present the comprehensive proposal, together with the supporting evaluations, to the house and senate committees on institutions together with a request for any legislation necessary to accomplish the proposal.  The commissioner’s presentation shall include a detailed financial analysis of the impact the proposal might have on future capital and general fund appropriations.    

(d)  If, during a time in 2005 when the general assembly is not in session, the commissioner of buildings and general services believes that it will advance the purposes of this section to enter into an option to purchase real property, then, notwithstanding 29 V.S.A. § 152(a)(3)(B), the commissioner is authorized to do so only after first obtaining the approval of at least three of the following members of the general assembly:  the chairs and vice chairs of the house and senate committees on institutions or their designees. 

(e)  Capital appropriations made in this or any previous act for the health and forensic laboratories may be used to perform the work required in subsections (a) through (c) of this section.

Sec. 32.  REPORT; CONSTITUTIONAL OFFICERS

On or before January 15, 2006, the commissioner of buildings and general services shall present to the house and senate committees on institutions a detailed plan, including a timeline and the anticipated capital appropriations that would be needed, by which the offices of the governor, the attorney general, the treasurer, and the secretary of state could be located at 109 State Street in Montpelier.  In connection with this process, the commissioner shall contract for an appraisal of the Redstone Building, so-called, and shall provide proposals to the committees for future use of this site.

Sec. 33.  WASHINGTON DISTRICT COURT; TERRY TRONO COURTROOM

The “Terry Trono Courtroom” shall be the name of Courtroom #2 of the Washington District Court in Barre.  The department of buildings and general services shall work with Mr. Trono’s family to design a plaque which the department shall erect outside the courtroom.

Sec. 34.  RECREATIONAL AND EDUCATIONAL FACILITIES GRANT PROGRAM 

(a)  Creation of program.  There is created a recreational and educational facilities grant program to provide competitive grants to municipalities as defined in chapter 117 of Title 24 and to nonprofit organizations for capital costs associated with the development and creation of community recreational and educational opportunities in Vermont communities.  The program is authorized to award matching grants of up to $25,000 per project, provided that grant funds shall be awarded only when evidence is presented by a successful applicant that three dollars have been raised from nonstate sources for every one dollar awarded under this program.

(b)  Creation of committee.  There is established a recreational and educational facilities grant advisory committee.  The committee shall consist of the commissioners of forests, parks and recreation and of buildings and general services, or the commissioners’ designees; a representative of the Vermont Recreation and Parks Association; two members of the Vermont general assembly, one appointed by the speaker of the house of representatives and one appointed by the senate committee on committees; a representative of the Vermont Trails and Greenways Council; and one citizen member to be appointed by the governor.  The members of the committee shall select a chair.  The citizen member shall serve for a term of two years or until his or her successor is appointed. 

(c)  Process.  The recreational facilities grant advisory committee shall coordinate and administer the recreational facilities grant program.  On or before July 1, 2005, the commissioner of buildings and general services shall convene an initial meeting of the committee, during which the committee shall begin to develop an application form and establish criteria under which applications will be evaluated.  The committee shall also establish a process that ensures:

(1)  the efficient review of applications;

(2)  the equitable selection of grant recipients; and

(3)  the accountability of grant recipients. 

(d)  Before it notifies an applicant that it will be awarded a grant, the recreational facilities grant advisory committee shall provide notice of the award and the time and location of any award presentation to the chairs of the house and senate committees on institutions and to those members of the general assembly who represent the area in which a successful applicant resides.

(e)  The department of buildings and general services shall provide administrative support to the program.

Sec. 35.  BROADBAND DEVELOPMENT; COMPETITIVE PROGRAM

(a)  There is created a program authorized to award grants of up to $50,000.00 each to broadband projects as required by this section, competitively selected by a committee comprising the secretary of commerce and community development, the commissioner of information and innovation, the commissioner of buildings and general services, or their designees, and the executive directors of the Vermont Sustainable Jobs Fund, the Vermont Council on Rural Development, and the Vermont Broadband Council, or their designees.

(b)  The committee shall select from among those communities that do not currently have, are not likely to be able to financially afford, and are not otherwise expected to receive this service communities to develop and implement broadband demonstration projects.  The communities selected shall represent different regions of the state.  Administrative support shall be provided by the agency of commerce and community affairs.  The committee shall strive to select projects in communities that:

(1)  Offer private sector partnership possibilities.

(2)  Have no or limited access to broadband services.

(c)  Each selected project community shall strive to:

(1)  Provide broadband service to the last mile of the municipality and offer access to service to every member of that municipality.

(2)  Provide a minimum of five years of service.

(3)  Offer a maximum price for the original service provided under the contract, which shall remain fixed for the duration of the contract.

(4)  Have a speed of delivery which shall be at least two megabits per second.

(d)  The selection of a provider shall be made by the municipality with technical assistance from the Vermont Broadband Council based on the following competitive issues:

(1)  Price per connection.

(2)  Ownership of the infrastructure by the municipality at the termination of the contract.

(3)  Number of people served and population density of the area served.

(4)  Innovative solutions for providing this service to areas determined not to be economical.

(5)  Cost to the consumer of any new construction, equipment, or facility required for the connection.

(e)  The department of information and innovation shall make the services and prices available to the state available to communities, to the extent permitted by contract.

Sec. 36.  HUMAN SERVICES; COMPETITIVE GRANT PROGRAM

(a)  Creation of program.  There is created a human services grant program to provide competitive grants to municipalities as defined in chapter 117 of Title 24 and to nonprofit organizations for capital costs associated with the major maintenance, renovation, or development of facilities for the delivery of human services and health care in Vermont communities.  The program is authorized to award matching grants of up to $25,000 per project, provided that grant funds shall be awarded only when evidence is presented by a successful applicant that at least three dollars have been raised from nonstate sources for every dollar awarded under this program.

(b)  Creation of committee.  There is established a human services grant advisory committee.  The committee shall consist of the secretary of human services or the secretary’s designee; the commissioner of buildings and general services or the commissioner’s designee; two members of the Vermont general assembly, one appointed by the speaker of the house of representatives and one appointed by the senate committee on committees; and three representatives of broad-based community organizations such as the United Way of Vermont or the Vermont Alliance of Nonprofit Organizations who shall be selected and appointed by the governor.  The members of the committee shall select a chair.  The members appointed by the governor shall serve for terms of two years or until their successors are appointed.

(c)  Process.  The human services grant advisory committee shall coordinate and administer the human services grant program.  On or before July 1, 2005, the commissioner of buildings and general services shall convene an initial meeting of the committee, during which the committee shall begin to develop an application form and establish criteria under which applications will be evaluated.  The committee shall also establish a process that ensures:

(1)  the efficient review of applications;

(2)  the equitable selection of grant recipients; and

(3)  the accountability of grant recipients. 

(d)  Before it notifies an applicant that it will be awarded a grant, the human services grant advisory committee shall provide notice of the award and the time and location of any award presentation to the chairs of the house and senate committees on institutions and to those members of the general assembly who represent the area in which a successful applicant resides.

(e)  The department of buildings and general services shall provide administrative support to the program.

Sec. 37.  STUDY; COMMUNITY GRANTS

(a)  On or before September 1, 2005, the commissioner of buildings and general services shall convene a meeting of one or more representatives from each of the entities responsible for the grant programs for which appropriations are made in Sec. 16 of this act.  At this and any necessary subsequent meetings, the representatives shall discuss ways in which the grant programs might be coordinated and made more uniform.  Discussions shall include the following:

(1)  Development of a unified application form for use in all programs.

(2)  Establishment of simultaneous deadlines for submission of applications and notification of awards.

(3)  Inclusion of legislators as members of the grant-making entities. 

(b)  On or before January 15, 2006, the grant program representatives shall present to the house and senate committees on institutions recommendations for coordinating and improving the programs, together with a timeline for achieving these recommendations and a request for any legislation necessary to accomplish the desired results.  

Sec. 38.  CRIME VICTIMS’ GARDEN 

Subject to review and approval by the Capitol Complex Commission pursuant to chapter 6 of Title 29, the department of buildings and general services shall design and site a Crime Victims’ Garden at the space between the buildings at 10 and 12 Baldwin Street.

Sec. 39.  STATE BUILDINGS; ADDITIONAL SPACE

When a department or other division of state government requests additional space or a change in space, the commissioner of buildings and general services shall provide details to the requesting entity and the commissioner of finance of all anticipated costs associated with the request.

Sec. 40.  WATERBURY STATE COMPLEX; GENERATOR

The secretary of natural resources shall consider whether it is possible, without compromising the objectives of air pollution control regulations, to permit the Waterbury state complex generator to continue to be used, on a time-limited basis, for purposes other than as an emergency generator.  The secretary shall report to the house and senate committees on institutions on or before January 15, 2006 regarding this section.

* * * UVM and State Colleges * * *

Sec. 41.  SPENDING AND BONDING AUTHORIZATION; VERMONT STATE COLLEGES

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 self-generated revenues established for the purpose of capital improvements on housing, dining, and general purpose facilities, to an aggregate of $1 million for necessary capital improvements.

* * * Natural Resources * * *

Sec. 42.  MUNICIPAL SALT AND SALTED SAND PILE SHEDS

On or before October 15, 2005, the agency of natural resources, in consultation with the department of buildings and general services and the agency of transportation, shall develop one or more prototype designs for covering municipal salt and salted sand piles to comply with the multisector general permit requirements for stormwater discharges established by the federal Environmental Protection Agency.  In developing the design or designs, the agencies and department shall use the most cost‑effective design concepts that comply with the requirements of federal law.

Sec. 43.  INVASIVE AQUATIC PLANTS; CAPITAL APPROPRIATIONS

On or before January 15, 2006, the secretary of natural resources shall prepare and submit to the house and senate committees on institutions a report describing the operation of the agency’s existing matching grant program to control the growth and spread of invasive aquatic plants in Vermont waters and including an estimate of the increase in the associated capital and general fund appropriations necessary to maximize use and effectiveness of the grant program, which shall include:

(1)  A description of the distribution of the grant funds for invasive aquatic plant control projects and the purposes for which the funds are used;

(2)  A description of the funding needs for invasive aquatic plant control projects that were not funded or were funded at reduced levels; and

(3)   A projection of the total capital and general fund appropriations necessary to fund the likely demand for matching grants for invasive aquatic plant control projects in fiscal year 2007 and the next five fiscal years.

Sec. 44.  3 V.S.A. § 2291b is amended to read:

§ 2291b.  ADOPTION OF STATE AGENCY ENERGY  IMPLEMENTATION PLANS

After review by the commissioner of buildings and general services and approval by the secretary of administration, each state agency shall adopt an implementation plan on or before June 30, 2005 August 31, 2005 to ensure compliance with the state agency energy plan.  Each agency shall readopt and file its implementation plan biennially with the commissioner to ensure that the implementation plan remains compatible with the state agency energy plan.

* * * Effective Date * * *

Sec. 45.  EFFECTIVE DATE

This act shall take effect on passage.  The sums appropriated and the spending authority authorized by this act shall be continuing and shall not revert at the end of the fiscal year.

                                                                        Philip Scott

                                                                        Richard T. Mazza

                                                                        John F. Campbell

                                                                 Committee on the part of the Senate

                                                                        Alice M. Emmons

                                                                        Daryl L. Pillsbury

                                                                        Gail M. Fallar

                                                                 Committee on the part of the House

NOTICE CALENDAR

House Proposal of Amendment

S. 41

An act relating to Unemployment Compensation for Survivors.

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

First:  By striking out Sec. 2 and inserting in lieu thereof the following:

Sec. 2.  DOMESTIC AND SEXUAL VIOLENCE TRAINING; DEPARTMENT OF EMPLOYMENT AND TRAINING

The Department of Employment and Training in cooperation with the Vermont Network Against Domestic and Sexual Violence shall design and implement training program no later than 120 days after the effective date of this act.  The training shall be provided to appropriate department employees who interact with claimants under chapter 16A of Title 21 and shall include all the following:

(1)  The nature and dynamics of domestic violence, sexual assault, and stalking.

(2)  Other resources and support services available for the survivors.

Second:  In Sec. 1, § 1254(2)(A) of 21 V.S.A., by striking out the final sentence and inserting in lieu thereof the following:

Failure to pursue reasonable alternatives may be excused if the individual establishes that pursuit of alternatives is likely to:

(i)  Be futile.

(ii)  Increase the risk of future incidents of domestic and sexual violence.

(iii)  Not adequately address the specific circumstances that led to the individual’s decision to separate from employment.

Third:  In Sec. 1., 21 V.S.A. § 1254(2), in subdivision (B) at the end of the final sentence and before the period, by adding the words and prior to releasing the requested information

Fourth:  In Sec. 1., 21 V.S.A. § 1256 in subsection (b) in the second sentence by striking out the words “a reasonable time” and inserting in lieu thereof the words seven working days

Fifth:  In Sec. 1, chapter 16A of 21 V.S.A., by striking out § 1253 and renumbering the subsequent sections to be numerically correct

Sixth: By adding a Sec. 4 to read as follows:

Sec. 4.  APPROPRIATION; FUNDING SOURCES; FUTURE FUNDING

(a)  There is appropriated from the Crime Victims Restitution Fund in FY 2006, the amount of $30,000.00 to the Department of Employment and Training to pay for claims approved pursuant to chapter 16A of Title 21.  Any amounts unexpended by the department at the end of this fiscal year shall be carried forward until fully expended.  In addition to this appropriation, the Department of Employment and Training may accept donations and gifts in accordance with 32 V.S.A. §5 to pay claims approved pursuant to chapter 16A of Title 21.

(b)  No funds from the Unemployment Compensation Trust Fund shall be used to pay claims under chapter 16A of Title 21.

(c)  In fiscal year 2007, an appropriation for the Domestic and Sexual Violence Survivors’ Transitional Program shall be included in the state budget recommended by the governor.

ORDERED TO LIE

S. 157

An act relating to rulemaking for Vermont origin.

PENDING ACTION:  Second reading  of the bill.

H. 510

An act relating to amending the charter of the city of Barre.

PENDING ACTION:  Second reading of the bill.

CONFIRMATIONS

     The following appointments will be considered by the Senate, as a group, under suspension of the Rules, as moved by the President pro tempore, for confirmation together and without debate, by consent thereby given by the Senate.  However, upon request of any senator, any appointment may be singled out and acted upon separately by the Senate, with consideration given to the report of the Committee to which the appointment was referred, and with full debate; and further, all appointments for the positions of Secretaries of Agencies, Commissioners of Departments, Judges, Magistrates, and members of the Public Service Board shall be fully and separately acted upon.

Theodore Lindgren of Springfield – Member of the Parole Board – By Sen. Campbell for the Committee on Institutions.  (4/14)

Joseph Acinapura of Brandon – Member of the Parole Board – By Sen. Giard for the Committee on Institutions.  (4/20)

Dean George of Middlebury – Member of the Parole Board – By Sen. Giard for the Committee on Institutions.  (4/20)

Karen Handy Luneau of St. Albans – Member of the Vermont State Colleges Board of Trustees – By Sen. Collins for the Committee on Education.  (5/5)

David E. Luce of Waterbury Center – Member of the Community High School of Vermont Board – By Sen. Doyle for the Committee on Education.  (5/5)

Walter E. Freed of Dorset – Member of the Liquor Control Board – By Sen. Dunne for the Committee on Economic Development, Housing and General Affairs.  (5/6)

Ugo Sartorelli of Barre – Member of the State Police Advisory Commission – By Sen. Doyle for the Committee on Government Operations.

Patrick Flood of East Calais – Commissioner of the Department of Aging and Independent Living – By Sen. White for the Committee on Health and Welfare.  (5/18)

James Morse of Charlotte – Commissioner of the Department of Children and Families – By Sen. Flanagan.  (5/18)

Paul Jarris, M.D. of Shelburne – Commissioner of the Department of Health – By Sen. Leddy for the Committee on Health and Welfare.  (5/18)