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1 S.156
2 Introduced by Senators Vyhovsky, Gulick, Watson and White
3 Referred to Committee on
4 Date:
5 Subject: Public property; corrections; correctional facility; construction
6 Statement of purpose of bill as introduced: This bill proposes to place a
7 moratorium on the study, design, acquisition, or construction of a new
8 correctional facility, and the expansion of an existing correctional facility, in
9 the State until July 1, 2028. This bill also proposes to end the period of
10 suspension of State aid for school construction projects.
11 An act relating to education and corrections infrastructure in the State
12 It is hereby enacted by the General Assembly of the State of Vermont:
13 * * * Findings, Purpose, and Intent * * *
14 Sec. 1. FINDINGS; PURPOSE; INTENT
15 (a) Findings. The General Assembly finds that:
16 (1) The social determinants of health affect public health and the social
17 determinants of crime impact public safety, and these social determinants are
18 intertwined.
19 (2) Education is an important social determinant of health and crime.
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1 (3) Housing and living conditions are social determinants of health and
2 crime.
3 (4) Harsh social and physical environments in our schools lead to
4 incarceration in our prisons.
5 (5) Harsh social and physical environments in our prisons lead to
6 recidivism, trauma, and harm.
7 (b) Intent. It is the intent of the General Assembly to invest in a physical
8 and social environment that reduces harm, promotes recovery, and builds
9 resilience by stopping construction of prisons and by aiding construction of
10 schools.
11 (c) Purpose. The purpose of this act is to support public health and safety
12 by providing the benefits of education infrastructure and stopping the harm of
13 prison infrastructure.
14 * * * Corrections * * *
15 Sec. 2. 29 V.S.A. § 170a is added to read:
16 § 170a. CORRECTIONAL FACILITY; CONSTRUCTION OR
17 EXPANSION; MORATORIUM
18 Notwithstanding section 152 of this title or any other provision of law, the
19 State shall not:
20 (1) study, plan, design, acquire, lease, search for site locations for, or
21 construct a new correctional facility;
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1 (2) expand the capacity of an existing correctional facility beyond its
2 current design or rated capacity;
3 (3) convert any part of an existing or dormant correctional facility for
4 the purpose of detention or incarceration, including to change or expand the
5 populations incarcerated in that facility; or
6 (4) repair an existing or dormant correctional facility for the purposes of
7 expanding the facility or increasing its bed capacity.
8 Sec. 3. CORRECTIONAL FACILITY; CONSTRUCTION, RENOVATION,
9 OR EXPANSION; MORATORIUM; REPEAL
10 29 V.S.A. § 170a shall be repealed on July 1, 2028.
11 * * * School Construction * * *
12 Sec. 4. 2007 Acts and Resolves No. 52, Sec. 36 is amended to read:
13 Sec. 36. STATE AID FOR SCHOOL CONSTRUCTION; SUSPENSION
14 (a) The commissioner of education shall not accept, review, or act on any
15 applications for state aid under chapter 123 of Title 16 submitted after
16 March 7, 2007 unless, prior to March 7, 2007, the electorate voted funds or
17 authorized bonds, and thereafter all periods for reconsideration of the vote
18 have expired, except for those projects which are:
19 (1) eligible to be assigned first priority under 16 V.S.A. § 3448(a)(3);
20 (2) necessary to ensure the health and safety, as determined by the
21 commissioner, of students and employees using the building; or VT LEG #369789 v.1
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1 (3) school consolidation projects eligible for 50 percent aid under
2 16 V.S.A. § 3448(a)(7)(C).
3 (b) It is the intent of the general assembly to use the time that state aid for
4 school construction is suspended to review the recommendations of the
5 commissioner of education and the commissioner of finance and management
6 reported under Sec. 38 of this act and, based on those recommendations,
7 develop a sustainable plan for state aid to school construction. If no plan is in
8 place by July 1, 2008, the general assembly will extend the period of
9 suspension until a plan is in place; provided, however, that any extension of the
10 period of suspension shall end on or before June 30, 2023.
11 Sec. 5. 2008 Acts and Resolves No. 200, Sec. 45, as amended by 2009 Acts
12 and Resolves No. 54, Sec. 22 is amended to read:
13 Sec. 45. CONTINUATION OF SUSPENSION OF STATE AID FOR
14 SCHOOL CONSTRUCTION
15 (a) In Sec. 36 of No. 52 of the Acts of 2007, the general assembly
16 suspended state aid for school construction in order to provide time to enable
17 the commissioner of education and the commissioner of finance and
18 management to make recommendations for a sustainable plan for state aid to
19 school construction. In the absence of a viable plan for funding school
20 construction, the general assembly hereby extends the period of suspension VT LEG #369789 v.1
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1 until a plan is developed and adopted; provided, however, that the period of
2 suspension shall end on or before June 30, 2023.
3 ***
4 Sec. 6. 2013 Acts and Resolves No. 51, Sec. 45 is amended to read:
5 Sec. 45. STATE AID FOR SCHOOL CONSTRUCTION; EXTENSION
6 OF SUSPENSION
7 (a) In 2007 Acts and Resolves No. 52, Sec. 36, the General Assembly
8 suspended state aid for school construction in order to permit the Secretary of
9 Education and the Commissioner of Finance and Management to recommend a
10 sustainable plan for state aid for school construction.
11 (b) In 2008 Acts and Resolves No. 200, Sec. 45, as amended by 2009 Acts
12 and Resolves No. 54, Sec. 22, the General Assembly, in the absence of a
13 recommendation, extended the suspension until a sustainable plan for state aid
14 for school construction is developed and adopted.
15 (c) State aid remains suspended pursuant to the terms of 2008 Acts and
16 Resolves No. 200, Sec. 45 as amended by 2009 Acts and Resolves No. 54,
17 Sec. 22 until on or before June 30, 2023.
18 ***
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1 Sec. 7. STATE AID FOR SCHOOL CONSTRUCTION; END OF
2 SUSPENSION
3 Beginning in FY 2024, the Secretary of Education shall accept and review
4 any applications for State aid pursuant to 16 V.S.A. chapter 123 submitted
5 after March 7, 2024.
6 * * * Effective Date * * *
7 Sec. 8. EFFECTIVE DATE
8 This act shall take effect on July 1, 2023.
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