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H.542

Introduced by Committee on Ways and Means

Date:

Subject: Executive branch; fees

Statement of purpose: This bill is the consolidated executive branch fee request bill containing adjustments in fees requested by the executive branch, and other related changes to the authority to charge and retain fee revenue and to the management of the resulting special funds.

AN ACT RELATING TO FEES FOR LICENSES AND SERVICES

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

* * * Executive Branch Fees * * *

Sec. 1. 32 V.S.A. § 602 is amended to read:

§ 602. DEFINITIONS

For purposes of this subchapter:

(1) "Agency" or "state agency" means any executive branch agency, department or entity created by Title 3 and any board, commission, council or similar entity attached to an executive branch agency, department or entity.

(2) "Fee":

(A) Means a monetary charge by an agency for a service or product provided to,or the regulation of, specified classes of individuals or entities.

(B) *[Shall not mean]* The following charges are exempt from the provisions of this subchapter:

(i) A charge established under the jurisdiction of the public service board as provided by sections 20, 21 and 218 of Title 30.

(ii) A charge established by the liquor control board as provided by Title 7.

(iii) A duly adopted charge concerning only inmates of a correctional or detention facility, students enrolled in an educational institution or patients admitted to a hospital or rehabilitation facility.

*[(iv) A charge to attend a one-time agency event, such as a conference.]*

*[(v)]*(iv) Monies paid into an enterprise or internal service fund.

*[(vi)]*(v) A transfer between agencies of state government or between state government and a political subdivision, as compensation for a service, to support a regulatory activity, or to account for surplus property.

*[(vii)]*(vi) Monies from interest and premium payments, rent or lease payments or proceeds of fair market or negotiated sales.

*[(viii)]*(vii) Any other charge exempt by law.

Sec. 2. 32 V.S.A. § 603 is amended to read:

§ 603. FEE CREATION, AMOUNT AND ADJUSTMENT OF AMOUNT

On or after the effective date of this subchapter:

(1) Any new fee shall be established solely by act of the general assembly, whichshall designate the service or product provided, or regulatory function performed, for which the fee is to be charged.

(2) The rate or amount of, or adjustment to, any fee shall be set by act of the general assembly, except that the rate *[or]* amount shall be adjusted by*[ ]*rule if projected revenues, as demonstrated by the agency head proposing the rule, are reasonably related to the cost of providing the associated service or product or *[peforming]* performing the regulatory function. "Cost" shall be broadly construed to include administration, maintenance, capital and other expenses due to providing the service or product or performing the regulatory function.

(3) Fees for transcripts, reproductions not covered by section 316(d) of Title 1, conferences, forms for commercial use, publications and costs of distribution, advertising, training, charges to attend one-time agency events, and sales of products are hereby authorized, and, unless otherwise specified by law, may be set by the department providing the service or product, and shall be reasonably related to their costs. Fees collected under this subdivision shall be credited to special funds established and managed pursuant to chapter 7, subchapter 5 of this title, and shall be available to the charging departments to offset the costs of providing these services or products.

Sec. 3. REPEAL

32 V.S.A. § 604 (management of fee revenues) is repealed.

Sec. 4. 32 V.S.A. § 605(e) is amended to read:

(e) For the purpose of the review and reports a "fee" shall mean any source of state revenue classified by the department of finance and management accounting system as "fees," "business licenses," "nonbusiness licenses" and "fines and penalties." In addition, the *[governor]* department of finance and management shall identify any of the other state revenue sources *[classified by the department of finance and management accounting system as "services", "special assessments" and "miscellaneous"]* which function in fact as a "fee," and *[recommend that the general assembly designate any such revenue source as a fee]* reclassify them as fees.

* * * Finance and Management * * *

Sec. 5. 20 V.S.A. § 38(a) is amended to read:

(a) There is created a radiological emergency response plan fund which shall include all moneys paid to the state pursuant to subdivision (5) of this subsection. The fund shall be separately maintained and accounted for by the state treasurer and shall be administered by the department of finance and management and managed pursuant to the provisions of chapter 7, subchapter 5 of Title 32. Expenditures shall be made from the fund for the purpose of providing the personnel, operating costs and equipment necessary to maintain the effectiveness of the Vermont radiological emergency response plan.

Sec. 6. REPEAL

3 V.S.A. § 328 (department of personnel publications fund) is repealed.

* * * Department of Buildings and General Services * * *

Sec. 7. 22 V.S.A. § 453(a)(8) is amended to read:

(8) Copy, index, repair, edit or publish public records, or lists, inventories, guides, catalogues, or indices thereof, and charge per copy costs that are reasonably related to the costs of copying, indexing, repairing, editing or publishing public records, or lists, inventories, guides, catalogues or indices thereof. Fees collected under this subdivision shall be credited to a special fund established and managed pursuant to chapter 7, subchapter 5 of Title 32, and shall be available to the department of buildings and general services to offset the costs of providing these services;

Sec. 8. 32 V.S.A. § 1715 is amended to read:

§ 1715. VITAL RECORDS SEARCH

(a) Upon payment of a *[$5.00]* $7.00 fee the commissioner of health or the commissioner of buildings and general services shall provide certified copies of vital records or shall ascertain and certify what the vital records available to the commissioners show, except that the commissioners shall not copy the word "illegitimate" from any birth certificate furnished. Informational copies shall be made available for a fee of $4.00. The fee for the search of the vital records is $2.00 $3.00 which is credited toward the fee for the first certified or informational copy based upon the search. Pursuant to subdivision 603(2) of this title, these fees may be adjusted.

(b) Fees collected under this section shall be credited to special funds established and managed pursuant to chapter 7, subchapter 5 of this title, and shall be available to the charging departments to offset the costs of providing those services.

* * * Department of Taxes * * *

Sec. 9. 32 V.S.A. § 3262 is amended to read:

§ 3262. LIEN FEES

Notwithstanding 32 V.S.A. § 502, the commissioner may charge against any collection of liability any related lien filing fees specified in subdivision 1671(a)(6) or subsection 1671(c) of this title paid by the commissioner. Fees collected under this section shall be credited to a special fund established and managed pursuant to chapter 7, subchapter 5 of this title, and shall be available as payment for the fees of the clerk of the municipality.

Sec. 10. 32 V.S.A. § 3404(b) is amended to read:

(b) Pursuant to subdivision 603(2) of this title, these fees may be adjusted. *[(b)]*(c) The fees collected in subsection (a) of this section shall be credited to the CAPTAP fees special fund established and managed pursuant to chapter 7, subchapter 5 of this title, and shall be available to offset the costs of providing those services.

Sec. 11. 32 V.S.A. § 3756(e) is amended to read: (e) Once a use value appraisal has been applied for and granted under this section, such appraisal shall remain in effect for subsequent tax years pursuant to the provisions of subsection (f) of this section, and until the property concerned is no longer eligible under provisions of sections 3752 or 3755 of this chapter, or due to a change of use or as otherwise provided in section 3757 of this chapter. The grant of use value appraisals of agricultural forest land and farm buildings shall be recorded in the land records of the municipality by the clerk of the municipality. The department of taxes may collect fromapplicants the fees specified in subdivision 1671(a)(6) or subsection 1671(c) of this title, for deposit in a special fund established and managed pursuant to chapter 7, subchapter 5 of this title, and which shall be available as payment for the fees of the clerk of the municipality.

Sec. 12. 32 V.S.A. § 4461 is amended to read:

§ 4461. TIME AND MANNER OF APPEAL

(a) A taxpayer, the board of listers of a town, or the selectboard of a town aggrieved by a decision of the board of civil authority under subchapter 1 of this chapter, within twenty-one days after the day of mailing of notice by the town clerk to the taxpayer of the board's decision, may appeal from the decision of the board either to the director of property valuation and review or to the superior court of the county in which the property is situated. If timely appeals are made to both the superior court and the director, the superior court shall determine the appeal and the appeal to the director shall be dismissed. No appeal by the listers to the director of property valuation and review may be taken in cases where evidence of at least one comparable property was not presented to the board of civil authority by the listers to support the listed value of the property under appeal. When a board of listers is of the opinion that legal or expert advice or assistance is needed in presenting its appeal to the director of property valuation and review, the listers may, with approval of the selectboard or a vote of the town, employ such assistance. No appeal by the listers to the superior court shall be taken without the approval of the selectboard. The appeal to the superior court shall be heard without jury. In an appeal to the superiorcourt by the taxpayer, service shall be made on the town clerk, who shall notify the town agent and the chair of the board of listers of the appeal. In an appeal to the superior court by the selectboard or the board of listers, service shall be made on the taxpayer. An appeal to the director shall be commenced by filing a notice of appeal setting forth briefly the grounds upon which the appeal is based, and, if it relates to the appraisal of real or personal property, a brief description of the property and its location. For the purpose of computing the time limit for filing notices of appeal, the first day shall be considered the next day after the mailing of notice to the taxpayer or the taxpayer's agent or attorney by the town clerk as provided in section 4404 of this title. To comply with this section, the notice of appeal shall be filed in triplicate together with a fee of *[$15.00]* $50.00 at the office of the director before the close of business on the twenty-first day after the notice was sent; provided, however, that if the twenty-first day falls on a Saturday, Sunday or legal holiday, it shall be sufficient if the notice of appeal is in the office of the director at the close of business on the first business day following the Saturday, Sunday or legal holiday.

(b) On or before the last day on which appeals may be taken from the decision of the board of civil authority, the agent of the town to prosecute and defend suits in which the town is interested, in the name of the town, on written application of one or more taxpayers of the town whose combined grand list represents at least three percent of the grand list of the town for the preceding year, shall appeal to the superior court from any action of the board of civil authority not involving appeals of the applying taxpayers. However, the town agent shall, in any event, have at least six days after receipt of such taxpayers' application for appeal in which to take the appeal, and the date for the taking of such appeal shall accordingly be extended, if necessary, until the six days shall have elapsed. The *[$15.00]* $50.00 entry fee shall be paid by the applicants with respect to each individual property thus being appealed which is separately listed in the grand list.

(c) Pursuant to subdivision 603(2) of this title, these fees may be adjusted.

(d) Fees collected under this section shall be credited to a special fund established and managed pursuant to chapter 7, subchapter 5 of this title, and shall be available to the tax department to offset the costs of providing those services.

Sec. 13. 32 V.S.A. § 4465 is amended to read:

§ 4465. APPOINTMENT OF APPRAISER; OATH; PAY

When an appeal to the director is not withdrawn, the director shall refer the appeal in writing to a person not employed by the director, appointed by the director as an appraiser. The director shall have the right to remove an appraiser for inefficiency, malfeasance in office or other cause. In like manner, the director shall appoint an appraiser to fill any vacancy created by resignation, removal or other cause. Before entering into their duties, persons appointed as appraisers shall take and subscribe the oath of the office prescribed in the constitution, which oath shall be filed with the director. The director shall pay each appraiser a sum not to exceed *[$50.00]* $80.00 per diem for each day wherein hearings are held, together with reasonable expenses as the director may determine. An appraiser may subpoena witnesses, records and documents in the mannerprovided by law for serving subpoenas in civil actions and may administer oaths to witnesses.

Sec. 14. 32 V.S.A. § 1752 is amended to read:

§ 1752. TAX APPEALS

If under the provisions of section 4467 of this title the director of the division of property evaluation and review or the court reduces the appraisal value of the taxpayer's property by more than *[ten]* 20 percent of the appraisal value, then the appeal fee shall be returned to the taxpayer.

* * * Department of Libraries * * *

Sec. 15. 22 V.S.A. § 606 is amended to read:

§ 606. OTHER DUTIES AND FUNCTIONS

The department, in addition to the functions specified in section 605 of this title:

* * *

(8) May dispose of by sale or exchange, or may discard, material which is obsolete or has ceased to be useful, because of its physical condition or otherwise. Any proceeds from the sale or disposition of materials shall be *[paid over to the state treasurer and credited to the account of]* credited to a special fund established and managed pursuant to chapter 7, subchapter 5 of Title 32, and shall be available to the department for the purchase of library materials. Materials constituting public records or which are archival in nature may be disposed of only following thirty days' notice to the commissioner of buildings and general services.

* * *

Sec. 16. 22 V.S.A. § 609(b) is amended to read:

(b) The fees collected shall be credited to the library sales special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to support the cost of reference and law postage and collections' acquisitions. Pursuant to subdivision 603(2) of Title 32, these fees may be adjusted.

Sec. 17. 29 V.S.A. § 1158(b) is amended to read:

(b) The state librarian shall distribute the copies of Vermont Statutes Annotated and cumulative pocket part supplements thereto, when issued, as follows: one each to the governor, lieutenant governor, speaker of the house of representatives, the state treasurer, secretary of state, auditor of accounts, adjutant general, commissioner of buildings and general services, commissioner of taxes, sergeant at arms and the head of each administrative department; four copies to the attorney general; one to each town clerk, three to each county clerk; one to each probate judge and two to the clerk of the supreme court; one to each ex-justice and justice of the supreme court, each superior judge, district judge, and state's attorney; two to the judge of the second circuit United States court of appeals from Vermont and four to the United States district judges for the district of Vermont. One copy shall be given to each state institution, each county or regional bar law library, each university, college and public library, as requested, and as many sets as are needed to effect exchange with state libraries and state law libraries. Current copies of the Vermont Statutes Annotated and supplements shall be kept for use in the offices of theofficers and institutions mentioned. One copy shall be given to each member of the commission established by chapter 1 of Title 1 and counsel therefor, unless they are authorized to receive one in another capacity, and one to each of the fifteen members of the joint special committee on revision of the laws authorized by No. 86 of the Acts of 1959. Additional copies may be sold to parties identified in this subsection at a price to be fixed by the state librarian.

Sec. 18. 29 V.S.A. § 1159 is amended to read:

§ 1159. --SALE OF ACTS AND RESOLVES

Such further distribution may be made as the state librarian determines. The surplus copies may be sold at a price to be fixed by the *[commissioner of buildings and general services]* secretary of state.

Sec. 19. 29 V.S.A. § 1193a is amended to read:

§ 1193a. SALE AND EXCHANGE OF SURPLUS COPIES

The surplus volumes of Vermont Reports*[, through volume 127, shall be kept by the department of libraries for exchange and for sale on the order of the state librarian]* may be sold, the price to be fixed by the *[commissioner of buildings and general services]* state librarian.

Sec. 20. REPEAL OF TERMINATION DATE (Fees for Library Materials)

Sec. 37 of No. 186 of the Acts of 1996 is amended to read:

Sec. 37. EFFECTIVE DATES

This act shall take effect on passage, and Secs. 9-12 (nursing home transfer tax) shallapply to transfers occurring on or after July 1, 1995; Secs. 1(CAPTAP fees), 4 (passenger tramway permit fees), 5 (construction permit fees), 6 (Vermont seal of quality fee), 7 (livestock dealer and livestock special fund), 14 and 15 (child support administrative fee) shall apply to fees assessed on or after July 1, 1996; Sec. 16 (Health Care Authority) shall be effective July 1, 1996; Sec. 17 (library fees) shall be effective July 1, 1996 *[through June 30, 1998 and shall expire July 1, 1998]*; Secs. 21 and 22 (solid waste tax) shall be effective July 1, 1996; Secs. 24a, 24b, 24c, 24d, 24e, and 24f (homestead provisions) shall take effect on January 1, 1997; Sec. 25 (medical practice board fees) shall be effective July 1, 1996 through June 30, 1998 and shall expire July 1, 1998; Sec. 29 (Vermont fire service training council) shall be effective July 1, 1996; and Sec. 34 (probation supervisory fee) shall be effective July 1, 1996 and shall expire on July 1, 1998.

* * * State Treasurer * * *

Sec. 21. 32 V.S.A. § 404 is amended to read:

§ 404. INSUFFICIENT FUNDS; PENALTY

*[(a)]* The state treasurer may assess a penalty of *[$7.00]* $20.00 against the issuer for each check*[, other than checks to the department of taxes or agency of transportation, including the department of motor vehicles,]* returned on account of insufficient or uncollected funds.

*[(b)]*(1) *[The state treasurer may assess a penalty of $20.00 against the issuer for each check to the department of taxes or the agency of transportation, including the department of motor vehicles, returned on account of insufficient or uncollected funds, and the]* The department of taxes *[and the agency of transportation (including the department of motorvehicles)]* shall be entitled to $13.00 of each such penalty collected against a check issued to the department *[or agency]*, which $13.00 shall be credited to a special fund established and managed pursuant to chapter 7, subchapter 5 of this title, and shall be available to the department of taxes to offset the costs of collecting the amount owed, and may be adjusted pursuant to subdivision 603(2) of this title.

(2) In the case of checks issued to the agency of transportation (including the department of motor vehicles), $13.00 of each such penalty collected shall be deposited in the transportation fund.

Sec. 22. 20 V.S.A. § 3581(f) is amended to read:

(f) In addition to the license fees assessed in subsections (a) and (c) of this section and section 3583 of this title, municipal clerks shall assess a *[$1.00]* $2.00 fee for each license sold. The clerks shall forward the fees collected under this subsection to the state treasurer on or before the 15th day of May, September and January of each year, together with an accounting of the licenses sold. The funds collected under this subsection are to be used for rabies control programs. For this purpose, on or before the 30th days of May, September and January, the state treasurer shall disburse the funds collected under this subsection as follows:

(1) Forty-five percent to the fish and wildlife fund.

(2) Forty-five percent to the commissioner of the department of health.

(3) Ten percent to the commissioner of the department of agriculture, food and markets.

Pursuant to subdivision 603(2) of Title 32, this fee may be adjusted.

Sec. 23. REPEAL

Sec. 36(c) of Act No. 213 of the Acts of 1994 (termination of rabies control surcharge) is repealed.

* * * Education * * *

Sec. 24. 16 V.S.A. § 177 is amended to read:

§ 177. COSTS OF APPROVAL

*[The state board is authorized to adopt rules to assess applicants the actual costs of approval under sections 176 and 176a of this chapter. Such rules may establish a uniform fee, or may consider the differing costs of approving in-state or out-of-state schools, accredited or nonaccredited schools, degree or non-degree programs, and any other factors that may influence the costs of approval.]*

(a) Fees for certification of post-secondary schools shall be $1,500.00, except that certification for degree-granting schools shall be $2,000.00. Pursuant to subdivision 603(2) of Title 32, these fees may be adjusted.

(b) These fees shall be credited to a special fund established and managed pursuant to chapter 7, subchapter 5 of Title 32, and shall be available to the department to offset the costs of approvals.

Sec. 25. 16 V.S.A. § 1049 is amended to read:

§ 1049. PROGRAMS

(a) The commissioner of education may provide programs designed to fit theindividual needs and circumstances of adult students. Programs authorized under this section shall give priority to those adult persons with the lowest levels of literacy skills.

(b) Fees for services to adult students shall be:

(1) Adult diploma program: $500.00 per student

(2) General educational development: $5.00 filing fee

$3.00 transcript

The adult diploma program (ADP) means an assessment process administered by the Vermont department of education through which an adult can receive a local high school diploma granted by one of the program’s participating high schools.

General educational development (GED) means a testing program administered jointly by the Vermont department of education, the GED testing service, and approved local testing centers through which an adult can receive a secondary school equivalency certificate based on successful completion of the tests of general educational development.

Pursuant to subdivision 603(2) of Title 32, these fees may be adjusted.

(c) Fees collected under this section shall be credited to a special fund established and managed pursuant to chapter 7, subchapter 5 of Title 32, and shall be available to the department to offset the costs of providing those services.

Sec. 26. 16 V.S.A. § 1697 is amended to read:

§ 1697. FEES

(a) *[The board may establish by rule fees to be charged under this section. Fees established by the board shall reflect the costs associated with administering the provisionsof this chapter and when collected, shall be deposited with the state treasurer for credit to a special fund account to be established for this purpose.]*

*[(b) Unless the state board by rule provides otherwise, each]* Each applicant and licensee shall be subject to the following fees:

(1) Initial processing of application *[$15.00]* $25.00

(2) Issuance of initial license *[$15.00]* $25.00 per year

for the term of the license

(3) Renewal of license *[$15.00]* $25.00 per year

for the term of the renewal

(4) Replacement of license $10.00

*[(5) Bad check charge]* *[$10.00]*

*[(6)]*(5) Duplicate license $ 3.00

Pursuant to subdivision 603(2) of Title 32, these fees may be adjusted.

(b) Fees collected under this section shall be credited to special funds established and managed pursuant to chapter 7, subchapter 5 of Title 32, and shall be available to the department to offset the costs of providing those services.

* * * Department of Housing and Community Affairs * * *

Sec. 27. 22 V.S.A. § 724 is amended to read:

§ 724. HISTORIC SITES SPECIAL FUND

(a) There is hereby established a fund to be known as the historic sites operations special fund. This fund will be managed pursuant to chapter 7, subchapter 5 of Title 32and used by the division of historic preservation to carry out the provisions of 22 V.S.A.

§ 723(a)(9). Revenues to the fund shall be from the following sources:

(1) Receipts from ticket sales at state-owned historic sites. Notwithstanding subdivision 603(2) of Title 32, fees for admission to historic sites shall be set by the state historic preservation officer, with the approval of the commissioner of housing and community affairs, in a manner that both maximizes revenues and promotes the tourism purposes of historic sites, but not to exceed $8.00 for a single admission;

(2) Transfers from the accounts of gift shops operated at state-owned historic sites;

(3) Gifts, grants, and other donations received for historic sites;

(4) Income from trust funds held by the treasurer;

(5) Other funds as may be appropriated by the legislature.

(b) The division of historic preservation shall ensure that donations and gifts are used for the purposes intended.

Sec. 28. Sec. 8 of No. 33 of the Acts of 1995 is amended to read:

Sec. 8. POSITION AUTHORIZED

*[In fiscal years 1996 and 1997, one]* One (1) limited service position is authorized for the department of housing and community affairs.

Sec. 29. REPEAL

(a) Sec. 10(b) of Act No. 33 of the Acts of 1995 (termination of mobile home park legal representation program) is repealed.

(b) Sec. 317 of Act No. 248 of the Acts of 1982 (historic sites register revolving fund)is repealed.

* * * Department of Economic Development * * *

Sec. 30. 3 V.S.A. § 2504(e)(1) is amended to read:

(1) Fees shall be paid annually by persons participating in the program, to be applied toward administration of the program. These fees shall be based on gross sales for the previous year in the following amounts. For gross sales:

(A) Under $100,00.00: $50.00.

(B) $100,000.01 - $500,000.00: $150.00.

(C) $500,000.01 - $1,000,000.00: $250.00.

(D) Over $1,000,000.01: $500.00.

Pursuant to subdivision 603(2) of Title 32, these fees may be adjusted.

Sec. 31. 3 V.S.A. § 2505(b) is amended to read:

(b) The special fund created by subsection (a) of this section shall be organized and managed *[as follows:]*

*[(1) The fund shall be managed on the state central accounting system under the control of the commissioner of finance and management with the actual monies held under the authority and responsibility of the state treasurer.]*

*[(2) The fund shall terminate when the purpose of the fund has been fulfilled, with the approval of the general assembly.]*

*[(3) All interest earned by the fund shall be credited to the general fund.]*

*[(4) All monies to be expended from the fund shall be appropriated annually by thegeneral assembly, or allocated pursuant to the authority granted by the general assembly of the secretary of administration with regard to excess receipts.]*

*[(5) Expenditures from the fund shall not exceed available revenues, except that the commissioner of finance and management may anticipate receipts to the fund and issue warrants based thereon, and in so doing may establish limits on expenditures in anticipation of receipts.]*

*[(6) All cash balances in the fund at the end of the fiscal year shall be carried forward and remain in the fund unspent until authorized by the general assembly.]*

*[(7) All monies remaining in the fund when it is terminated shall revert to the general fund.]*

*[(8) Any negative cash balance in the fund at the end of a fiscal year shall be carried forward and applied against the fund's receipts for the next fiscal year]* pursuant to chapter 7, subchapter 5 of Title 32.

Sec. 32. 10 V.S.A. § 690a is amended to read:

§ 690a. NONPROFIT REVOLVING LOAN FUNDS

(a) Any revolving loan fund lender not required to be licensed pursuant to section 2201(c)(8) of Title 8 shall register and maintain its registration with the commissioner of economic development, *[in accordance with procedures for registration and reporting adopted by rule]* on forms and by policy and methods prescribed by the commissioner. The commissioner shall require such lenders to pay an annual fee of not more than $50.00 to maintain their registration.

(b) Fees collected under this section shall be credited to a special fund established and managed pursuant to chapter 7, subchapter 5 of Title 32, and shall be available to the department of economic development to offset the costs of providing those services.

* * * Center for Crime Victims’ Services * * *

Sec. 33. REPEAL (Sunset of victims’ compensation program and fund)

Notwithstanding prior law, the victims’ compensation program and fund under 13 V.S.A. chapter 167, 13 V.S.A. §§ 7281 and 7282 shall not expire but shall remain in effect unless terminated by further legislative action.

* * * Department of Labor and Industry * * *

Sec. 34. 21 V.S.A. § 711 is amended to read:

§ 711. WORKERS' COMPENSATION ADMINISTRATION FUND

(a) A workers' compensation administration fund is created pursuant to subchapter 5 of chapter 7 of Title 32 to be expended by the commissioner for the administration of the workers' compensation and occupational disease programs. The fund shall consist of contributions from employers made at the rate *[of 7/10 of one percent of the direct calendar year premium for workers' compensation insurance]* established under subsection (b) of this section, one percent of self-insured workers' compensation losses, and one percent of workers' compensation losses of corporations approved under chapter 9 of Title 21. Disbursements from the fund shall be on warrants drawn by the commissioner of finance and management in anticipation of receipts authorized by this section. *[The fund is authorized from July 1, 1994 until June 30, 1998.]*

(b) Annually on July 1, the commissioner shall establish the rate of contribution for the direct calendar year premium for workers’ compensation insurance. The rate shall equal the amount approved in the appropriations process for the program and the department’s projection of salary and benefit increases for that fiscal year, less the amount collected in the prior calendar year under subsection (a) of this section from self-insured workers’ compensation losses and from corporations approved under chapter 9 of this title, adjusted by any balance in the fund from the prior fiscal year, divided by the total direct calendar year premium for workers’ compensation insurance for the prior year.

Sec. 35. 21 V.S.A. § 252(c) is amended to read:

(c) The following fire prevention and building code fees are established:

(1) Effective July 1, *[1996]* 1997, the permit application fee for a construction plan approval shall be:

(A) based on $3.75 per each $1,000.00 of the total valuation of the construction work proposed to be done for renovation to buildings constructed before 1983, but in no event shall the permit application fee exceed $135,000.00;

(B) based on $4.50 per each $1,000.00 of the total valuation of the construction work proposed to be done for all other buildings, but in no event shall the permit application fee exceed $135,000.00.

(2) When an inspection is required due to the change in use of a public building the minimum fee shall be $25.00.

(3) The proof of inspection fee for fire suppression, alarm, detection and any otherfire protection systems shall be $10.00.

Sec. 36. REPEAL (Reduction in permit application fee for construction plan approval)

The following sections are repealed:

(1) Sec. 12(b) of Act No. 234 of the Acts of 1992.

(2) Sec. 9 of Act No. 47 of the Acts of 1995.

Sec. 37. 21 V.S.A. § 1033(e) is added to read:

(e) Fees collected under this section shall be credited to a special fund established and managed pursuant to chapter 7, subchapter 5 of Title 32, and shall be available to the department of labor and industry to offset the cost of providing those services.

* * * Fire Service Training Council * * *

Sec. 38. REPEAL (Expiration of fire service training council insurance payment)

The following sections are repealed:

(1) Sec. 2 of Act No. 87 of the Acts of 1993.

(2) Sec. 29a of Act No. 186 of the Acts of 1996.

* * * Department of Environmental Conservation * * *

Sec. 39. REPEAL

Sec. 2 of Act No. 174 of the Acts of 1992, as amended by Sec. 18 of Act No. 47 of the Acts of 1995 (termination of authority), is repealed.

* * * Act 250 Permit Fund * * *

Sec. 40. REPEAL (termination of Act 250 permit fund)

Notwithstanding prior law, the Act 250 Permit Fund (10 V.S.A. § 6029) shall notexpire, but shall remain in effect unless terminated by further legislative action.

Sec. 41. 10 V.S.A. § 6029 is amended to read:

§ 6029. ACT 250 PERMIT FUND

There is hereby established a special fund to be known as the Act 250 permit fund for the purposes of implementing the provisions of this chapter. Revenues to the fund shall be those fees collected in accordance with rules adopted under 10 V.S.A. §§ 6025(a), 6083(a)(3) and 6089(a), gifts, appropriations, and copying and distribution fees. The environmental board shall be responsible for the fund and shall account for revenues and expenditures of the environmental board. At the commissioner's discretion, the commissioner of finance and management may anticipate amounts to be collected and may issue warrants based thereon for the purposes of this section. Disbursements from the fund shall be made through the annual appropriations process to the environmental board, and to the agency of natural resources to support those programs within the agency that directly or indirectly assist in the review of Act 250 applications. *[The secretary of natural resources shall account for expenditures of the agency of natural resources from appropriations against the fund. An unencumbered fund balance in excess of $100,000.00 at the close of a fiscal year shall revert to the general fund.]* This fund shall be administered as provided in subchapter 5 of chapter 7 of Title 32, as a special program fund.

* * * Fish and Wildlife * * *

Sec. 42. 10 V.S.A. § 4254(h) is amended to read:

(h) If the board decides to hold a lottery for the purpose of allocating permits to huntor fish, except for a lottery held pursuant to sections 4081 or 4153 of this title or for water fowl hunting permits for specific areas as defined by the board by rule, the department shall require that each person entering the lottery shall submit a nonrefundable fee of $10.00 with each application. Proceeds from the sale of applications shall be deposited into the fish and wildlife fund.

Sec. 43. 10 V.S.A. § 4255(b) is amended to read:

(b) Nonresidents may apply for licenses on forms provided by the commissioner. Fees for each license shall be:

(1) Fishing license *[$ 35.00]* $38.00

(2) One-day fishing license $ 7.00

(3) Five-day fishing license $ 20.00

(4) Hunting license *[$ 75.00]* $80.00

(5) Combination hunting and fishing license *[$ 95.00]* $100.00

(6) Big game licenses (all require a hunting license)

(A) archery license $ 15.00

(B) muzzle loader license $ 15.00

(C) turkey license $ 15.00

(D) second muzzle loader license $ 15.00

(E) second archery license $ 15.00

(7) Small game licenses

(A) all season $ 35.00

(B) five-day $ 20.00

(8) Trapping license $300.00

(9) Hunting licenses for persons

under eighteen years of age $ 25.00

(10) Three-day fishing license $ 18.00

(11) Seven-day fishing license $ 25.00

(12) Archery-only license (does not

require hunting license) $ 50.00

* * * Secretary of State * * *

Sec. 44. 3 V.S.A. § 124 is amended to read:

§ 124. PROFESSIONAL REGULATORY FEE FUND

(a) It is the policy of this state that:

(1) the cost of regulating a profession attached to the office of professional regulation should be borne by the profession regulated; and

(2) one profession should not subsidize the cost of regulating another profession, except to the extent allowed by section 125 of this chapter.

(b) A professional regulatory fee fund is created. All revenues received by the office shall be deposited into the fund, credited to the appropriate board and used to offset the costs incurred by that board. (c) To ensure that revenues derived by the office are adequate to offset the cost of regulation, the secretary of state shall review fees from time to time, and present proposedfee changes to the general assembly.

Sec. 45. 3 V.S.A. § 125 is amended to read:

§ 125. FEES

(a) In addition to the fees otherwise authorized by law, a board may charge the following fees:

(1) Late renewal penalty $25.00

(2) Reinstatement of revoked or suspended license $20.00

(3) Replacement of license $20.00

(4) Verification of license $20.00

(5) An examination fee established by the secretary, which shall be no greater than the costs associated with examinations.

(b) Notwithstanding any provisions of law to the contrary, the following fees shall apply to all professions regulated by the director in consultation with advisor appointees under Title 26:

(1) Application for registration $ 75.00

(2) Application for licensure or certification $100.00

(3) Biennial renewal $135.00

(4) Limited temporary license or work permit $ 50.00

Sec. 46. 18 V.S.A. § 2058 is amended to read:

§ 2058. LICENSE FEES

Applicants and persons regulated under this chapter shall be subject to the followingfees:

(1) *[Initial license]* Application $90.00

(2) Biennial renewal *[$200.00]* $250.00

Sec. 47. 26 V.S.A. § 56 is amended to read:

§ 56. FEES

Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application for license $ 35.00

(2) Initial license $ 20.00

(3) Biennial renewal of license *[through July 31,1993]*

on or after July 1, 1999 *[$110.00]* $165.00

*[(4) Triennial renewal of license on or after]*

*[August 1, 1993]* *[$165.00]*

*[(5)]*(4) *[Firm]* Office registration $ 15.00

*[(6)]*(5) Registration of nonresident firm for

temporary practice $ 5.00

Sec. 48. 26 V.S.A. § 74 is amended to read:

§ 74. FIRMS; REGISTRATION

*[Notwithstanding the provisions of 3 V.S.A. § 123(a)(12), all]* All firms that have an office established or maintained in this state for the practice of public accounting shall be registered *[biennially]* triennially with the board until *[July 31, 1993]* July 1, 1999 and *[triennially]* biennially with the board thereafter. Each office shall be under the directsupervision of a resident manager who shall be a public accountant licensed in this state and shall be either a principal, shareholder or a staff employee. The resident manager may serve in that capacity at one office only. The board shall adopt rules prescribing the procedure to be followed in carrying out the registrations.

Sec. 49. 26 V.S.A. § 75 is amended to read:

§ 75. RENEWAL

(a) *[Notwithstanding the provisions of 3 V.S.A. § 123(a)(12), public]* Public accountant licenses and firm registrations under this chapter shall be renewed every *[two]* three years prior to *[July 31, 1993]* July 1, 1999 and every *[three]* two years thereafter on payment of the required fee.

(b) As a condition of renewal of a license as a public accountant, the board may require that the licensee establish that he or she has satisfied continuing education requirements established by board rule.

(c) The board may by rule require, on either a uniform or a random basis, as a condition to renewal of firm registrations under section 74 of this title, that applicants undergo report reviews conducted no more frequently than once every three years prior to July 1, 1999 and every two years thereafter in such manner and producing such satisfactory result as the board may specify, provided, however, that any such requirement

(1) shall be adopted reasonably in advance of the time when it is first required to be met, and

(2) shall include a reasonable provision for compliance by an applicant's showingthat the applicant has undergone a satisfactory quality review performed for other purposes which was substantially equivalent to report reviews generally required pursuant to this section, and completion of such review was within the *[three]* two years immediately preceding the renewal period.

(d) Information submitted for report reviews is exempt from public disclosure under 1 V.S.A. § 317(b)(3) and (6).

(e) Failure of a licensee or registrant to apply for renewal within three months of expiration terminates the right of renewal unless the applicant demonstrates hardship.

Sec. 50. 26 V.S.A. § 679 is amended to read:

§ 679. FEES

The holder of a certificate or license issued by the board, as provided in this chapter, who continues his or her vocation or occupation shall biennially renew his or her certificate or license and pay the renewal fee. A certificate or license which has not been renewed on the date renewal is required shall expire. Within three years of the date of expiration, the holder of the expired certificate or license may have the same restored upon the payment of the required renewal fee for each year, a renewal penalty and satisfactory proof of his or her qualifications to resume practice or occupation. Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application and biennial renewal *[$ 20.00]*

*[(2) Licensure and biennial renewal]*

(A) operator *[$ 20.00]* $ 70.00

(B) instructor *[$ 25.00]* $ 70.00

(C) manager-operator *[$ 20.00]* $ 70.00

*[(D) demonstrator]* *[$ 25.00]*

*[(E)]*(D) schools *[$200.00]* $400.00

*[(F)]*(E) shops *[$ 60.00]* $100.00

*[(G)]*(F) esthetician *[$ 20.00]* $ 50.00

*[(H)]*(G) manicurist *[$ 20.00]* $ 50.00

*[(I) manicurist-esthetician]* *[$ 20.00]*

*[(3)]*(2) Temporary license *[$ 5.00]* $ 25.00

Sec. 51. EFFECTIVE DATE

Sec. 48 of this act shall take effect if 26 V.S.A. § 679 is not repealed in the 1997 legislative session.

Sec. 52. 26 V.S.A. § 996(d) is amended to read:

(d) Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application $50.00

(2) Initial license *[or registration]* $20.00

(3) Biennial renewal

*[(A) Embalmer]* $160.00

*[(B) Trainee]* *[$55.00]*

Sec. 53. 26 V.S.A. § 1176 is amended to read:

§ 1176. FEES

Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application for *[initial]* engineering license *[$50.00]* $100.00

*[(2) Issuance of initial license and]*

*[specialty certificate]* *[$20.00]*

*[(3)]*(2) Application for engineer

intern certificate *[$25.00]* $ 50.00

*[(4) Issuance of engineer]*

*[intern certificate]* *[$20.00]*

*[(5) Additional specialty certification]* *[$20.00]*

*[(6)]*(3) Biennial renewal *[of specialty]*

*[certificate]* *[$25.00]* $ 60.00

*[(7)]*(4) Transient practice permit *[$20.00]* $ 30.00

Sec. 54. 26 V.S.A. § 1577 is amended to read:

§ 1577. FEES

Applicants and persons regulated under this subchapter shall pay the following fees:

(1) Application *[$40.00]* $ 60.00

*[(2) Initial registration or licensure]* *[$20.00]*

*[(3)]*(2) Biennial renewal *[$49.00]* $ 60.00

*[(4)]*(3) Limited temporary license $25.00

*[(5)]*(4) Initial endorsement of advanced

practice registered nurses $60.00

Sec. 55. 26 V.S.A. § 1599 is amended to read:

§ 1599. FEES

Applicants and persons regulated under this subchapter shall pay the following fees:

(1) *[Initial registration and licensure]* Application *[$10.00]* $ 20.00

(2) *[Renewal of licenses]* Biennial renewal *[$10.00]* $ 20.00

Sec. 56. 26 V.S.A. § 1718 is amended to read:

§ 1718. FEES

Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application *[for license]* *[$ 75.00]* $ 95.00

*[(2) Initial license]* *[$ 20.00]*

*[(3)]*(2) Biennial renewal *[$225.00]* $350.00

Sec. 57. 26 V.S.A. § 1794 is amended to read:

§ 1794. FEES

Applicants and persons regulated under this chapter shall pay the following fees:

*[(1) Application for license or]*

*[temporary limited license]* *[$150.00]*

*[(2) Initial issuance of license or]*

*[temporary limited license]* *[$ 50.00]*

*[(3) Biennial renewal]* *[$225.00]*

*[(4) Renewal of temporary limited]*

*[license]* *[$ 50.00]*

(1) Application

(A) Licensure $200.00

(B) Limited temporary license $ 50.00

(2) Biennial license renewal $325.00

(3) Annual limited temporary license renewal $100.00

Sec. 58. 26 V.S.A. § 2597 is amended to read:

§ 2597. FEES

Applicants and persons regulated under this chapter shall pay the following fees:

(1) application *[for license]* *[$ 50.00]* $ 70.00

*[(2) initial license issuance]* *[$ 20.00]*

*[(3)]*(2) biennial renewal of license *[$145.00]* $165.00

Sec. 59. 26 V.S.A. § 2709 is added to read:

§ 2709. FEES

Applicants and persons regulated under this chapter shall be subject to the following fees:

(1) Application for licensure $ 70.00

(2) Biennial renewal of license $350.00

(3) Application for trainee registration $ 70.00

(4) Application for renewal of trainee registration $ 70.00

Sec. 60. 26 V.S.A. § 2814 is amended to read:

§ 2814. FEES

Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application for licensure $ 25.00

(2) Initial license issuance $ 70.00

(3) Biennial renewal

(A) renewal of a single license $ 70.00

(B) renewal of each additional license $ 15.00

(4) Initial competency endorsement under

section 2804 of this title $ 60.00

(5) Biennial renewal of competency

endorsement under section 2804 of this title *[$100.00]* $70.00

(6) Inspection $200.00

Sec. 61. 26 V.S.A. § 3010 is amended to read:

§ 3010. FEES; LICENSES

Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application for license *[$ 40.00]* $175.00

*[(2) Initial license issuance]* *[$ 20.00]*

*[(3)]*(2) Biennial renewal of license *[$225.00]* $275.00

Sec. 62. 26 V.S.A. § 4507 is added to read:

§ 4507. FEES

Applicants and persons regulated under this chapter shall be subject to the following fees:

Boxing permit $200.00

Sec. 63. 31 V.S.A. § 305(a) is amended to read:

(a) Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application

(A) Auto racing permit $ 800.00

(B) Go-cart or motorcycle racing permit $ 500.00

(C) Single auto racing permit $1,250.00

(D) Single go-cart or motorcycle racing permit $ 500.00

(2) Biennial renewal

(A) Auto racing permit *[$1,600.00]* $2,500.00

(B) Go-cart or motorcycle racing permit *[$ 375.00]* $ 500.00

(C) Single auto racing permit *[$ 375.00]* $ 500.00

(D) Single go-cart or motorcycle racing

permit *[$ 375.00]* $ 500.00

Sec. 64. 32 V.S.A. § 7601a is amended to read:

§ 7601a. FEES

*[Applicants and persons]* Auctioneers regulated under this chapter shall pay the following fees:

(1) Application for certificate of operation *[$50.00]* $ 70.00

*[(2) Initial license]* *[$20.00]*

*[(3)]*(2) Biennial renewal *[$50.00]* $100.00

Sec. 65. REPEAL

The following sections are repealed as they relate to professions with advisor appointees:

(1) 26 V.S.A. § 2106 (physical therapist fees);

(2) 26 V.S.A. § 2680 (optician fees);

(3) 26 V.S.A. § 3211 (clinical social worker fees);

(4) 26 V.S.A. § 3270 (clinical mental health counselor fees);

(5) 26 V.S.A. § 3297 (hearing aid dispenser fees);

(6) 26 V.S.A. § 3360 (occupational therapist fees);

(7) 26 V.S.A. § 3388 (dietitian fees);

(8) 26 V.S.A. § 3409 (acupuncturist fees);

(9) 26 V.S.A. § 4041 (marriage and family therapist fees);

(10) 26 V.S.A. § 4061 (psychoanalyst fees);

(11) 26 V.S.A. § 4089 (rostered psychotherapist fees)

(12) 26 V.S.A. § 4107 (tattooist fees);

(13) 26 V.S.A. § 4131 (naturopathic physician fees);

(14) 31 V.S.A. § 106 (boxing license fees).

* * * Department of Banking, Insurance, Securities,

and Health Care Administration * * *

Sec. 66. 9 V.S.A. § 4208 is amended to read:

§ 4208. REGISTRATION BY QUALIFICATION

All securities required by this chapter to be registered before being sold in this state, and not entitled to registration by notification shall be registered only by qualification in the manner provided by this section.

* * *

(7) State fees; effective period. At the time of filing the information prescribed in this section, the applicant shall pay to the commissioner a fee of $1.00 for each $1,000.00 of the aggregate amount of the offering of the securities to be sold in this state for which the applicant is seeking registration, but in no case shall such fee be less than *[$250.00]* $300.00 nor more than *[$1,000.00]* $1,200.00. When a registration statement is withdrawn before the effective date or the registration is terminated, the commissioner shall retain the fee. The registration statement shall be effective for one year from the date of registration or effectiveness with the United States Securities and Exchange Commission, whichever is later, provided that effectiveness with the Securities and Exchange Commission occurs no later than one year from the date of registration. Open-end investment companies may register an indefinite amount of securities in each portfolio for $1,000.00. Open-end investment companies shall pay an annual registration fee for each portfolio as long as the registration of those securities remains in effect. At the time of filing a request for exemption from registration, the applicant shall pay a fee of $200.00. The commissioner may, in his or her discretion, honor requests from interested persons for interpretative opinions as to the applicability of this section to any transaction. Any person requesting an interpretative opinion shall pay a fee of $200.00.

* * *

Sec. 67. 9 V.S.A. § 4209a is added to read:

§ 4209a. NOTICE OF FILING OF FEDERAL COVERED SECURITIES

(a) The commissioner may require the filing of any or all of the following documents with respect to a federal covered security under section 18(b)(2) of the Securities Act of 1933:

(1) Prior to the initial offer of such federal covered security in this state, all documents that are part of a current federal registration statement and such other documents as may be deemed filed with the Securities and Exchange Commission together with a consent to service of process which is duly executed by the issuer and complies with the provision of section 4236 of this title.

(2) After the initial offer of such federal covered security in this state, all documents that are part of an amendment to a current federal registration statement and such other documents as may be deemed filed with the Securities and Exchange Commission under the Securities Act of 1933, which shall be filed concurrently with the commissioner.

(3) A report of the value of such federal covered securities offered or sold in this state in such form and at such time as the commissioner may prescribe.

(b) With respect to any security that is a federal covered security under section 18(b)(4)(D) of the Securities Act of 1933, the commissioner may require the issuer to file a notice on SEC Form D and any information furnished to offerees in this state together with a consent to service of process which is duly executed by the issuer and complieswith the provisions of section 4236 of this title no later than 15 days after the first sale of such federal covered security in this state.

(c) With respect to any security that is a federal covered security under section 18(b)(3) or (4) of the Securities Act of 1933, the commissioner may require the issuer to file any document filed with the Securities and Exchange Commission under the Securities Exchange Act of 1933 with respect to such federal covered securities together with a consent to service of process which is duly executed by the issuer and complies with the provisions of section 4236 of this title prior to the initial offer of such federal covered securities in this state.

(d) At the time of the filing of the information prescribed in subsections (a)(1), (b) or (c) of this section, the issuer shall pay to the commissioner a fee of $1.00 for each $1,000.00 of the aggregate amount of the offering of the securities to be sold in this state for which the issurer is seeking to perfect a notice filing under this section, but in no case shall such fee be less than $300.00 nor more than $1,200.00. If the notice filing is withdrawn or otherwise terminated, the commissioner shall retain the fee paid. The notice filing shall be effective for one year from the date of filing with the office of the commissioner. Open-end investment companies subject to the Investment Company Act of 1940 shall pay an annual fee for each portfolio or class of investment company securities for which a notice filing submitted.

(e) The commissioner may issue a stop order suspending the offer and sale of any federal covered security, except a federal covered security under section 18(b)(1) of theSecurities Act of 1933, if he or she finds that there is a failure to comply with any requirement established under this section.

Sec. 68. 8 V.S.A. § 4800(6)(F)(viii) is amended to read:

(viii) The applicant must pass the examination or series of examinations with a grade determined by the commissioner to indicate satisfactory knowledge and understanding of the line or lines of insurance for which the applicant seeks qualification. A fee shall be charged for each examination or series of examinations for which the applicant sits. If examinations are administered by the commissioner’s designee pursuant to subdivision (6)(F)(vii) of this section, the fee charged may be payable to the designee notwithstanding 32 V.S.A. § 502(a). Formal evidence of the licensing shall be issued by the commissioner to the licensee within a reasonable time.

* * * Health Care Provider Tax * * *

Sec. 69. 33 V.S.A. § 1953(a) is amended to read:

(a) *[For the fiscal year beginning July 1, 1994]* Beginning July 1, 1997, each hospital's assessment shall be *[4.02]* 3.49 percent of its *[audited gross inpatient revenues for services to patients as reported by the hospital to the hospital data council or to the commissioner under subsection (e) of this section]* net patient revenues (less chronic, skilled and swing bed revenues) for the most recent completed hospital fiscal year as determined by the commissioner from the hospital’s financial statements. The commissioner may for good cause exempt any mental hospital or psychiatric facility from assessment under this subchapter if the Secretary of the United States Department of Health and HumanServices grants a waiver for such exemption, pursuant to section 1903(w)(3)(E)(ii) of the Social Security Act (42 U.S.C. § 1396b(w)(3)(E)(ii)).

Sec. 70. REPEAL

33 V.S.A. § 1953(e) (hospital budget filing) is repealed.

Sec. 71. Sec. 4 of No. 56 of the Acts of 1993 (as amended by Sec. 11 of No. 14 of the Acts of 1995) is amended to read:

Sec. 4. EFFECTIVE DATE; REPEAL

(a) This act shall take effect from passage.

(b) 33 V.S.A. §§ 1953 (hospital assessment) and 1954 (nursing home assessment) are repealed effective July 1, *[1997]* 1999.

Sec. 72. COMMISSIONER OF AGING AND DISABILITIES; USE OF FUNDS

Notwithstanding any other provision of law, the commissioner of aging and disabilities may advance the goals of Act No. 160 of the Acts of 1996 by using such funds as are necessary from revenues generated by the nursing home assessments appointed for residential care Medicaid waiver services in 33 V.S.A. § 1956 for studies of provider reimbursement and such other undertakings as the commissioner finds will further these goals.

* * * Agency of Transportation * * *

Sec. 73. 23 V.S.A. § 304b(b) and (c) are amended to read:

(b) Initial fees collected under subsection (a) of this section shall be allocated as follows:

(1) *[$5.00 to the department of motor vehicles for administrative expenses]*

$10.00 to the transportation fund.

*[(2) $5.00 to the department of motor vehicles for deposit into the motor vehicle registration plate revolving fund.]*

*[(3)]*(2) $5.00 to the department of fish and wildlife for deposit into the nongame wildlife account created in 10 V.S.A. § 4048.

*[(4)]*(3) $5.00 to the department of fish and wildlife for deposit into the watershed management account created in 10 V.S.A. § 4050.

(c) Renewal fees collected under subsection (a) of this section shall be allocated as follows:

(1) $9.00 to the department of fish and wildlife for deposit into the nongame wildlife account created in 10 V.S.A. § 4048.

(2) $9.00 to the department of fish and wildlife for deposit into the watershed management account created in 10 V.S.A. § 4050.

(3) $2.00 to the *[agency of]* transportation fund.

* * * Department of Motor Vehicles * * *

Sec. 74. 23 V.S.A. § 462 is amended to read:

§ 462. CANCELLATION OF DEALER'S REGISTRATION

(a) The commissioner may cancel, revoke or suspend a registration certificate issued to a dealer under the provisions of this chapter, whenever, after the dealer has been afforded the opportunity of a hearing before the commissioner or upon conviction in any court inthis state, it appears that the dealer has wilfully violated any motor vehicle law of this state or any lawful regulation of the commissioner, applying to dealers or when it appears that the dealer has engaged in fraudulent or unlawful practices in the purchase, sale or exchange of motor vehicles. A dealer whose certificate has been cancelled shall forthwith return to the commissioner the registration certificate and the number plates furnished him or her by the commissioner; and the right to operate motor vehicles under his or her dealer's number shall cease.

(b) A fee of $30.00 shall be paid to the commissioner prior to the reinstatement of any dealer’s license or registration certificate cancelled, revoked or suspended for cause.

Sec. 75. 23 V.S.A. § 702 is amended to read:

§ 702. TRAINING SCHOOL AND INSTRUCTOR'S LICENSES

No person shall operate a driver training school or act as an instructor unless a license therefor has been secured from the commissioner. Applications for such licenses may be filed with the commissioner and shall contain such information and shall be on such forms as the commissioner may prescribe. Each application for a driver's training school license shall be accompanied by an application fee of *[$35.00]* $100.00 which shall not be refunded. If such application is approved by the commissioner, the applicant upon payment of an additional fee of *[$50.00]* $150.00 shall be granted a license which shall *[be valid during the calendar year of its issue]* become void two years from the first day of the month of issue unless sooner revoked as herein provided. The renewal fee shall be *[$50.00]* $150.00. Each application for an instructor's license shall be accompanied by an application fee of*[$20.00]* $70.00 which shall not be refunded. If such application is approved by the commissioner, the applicant upon payment of an additional fee of *[$20.00]* $50.00 shall be granted a license which shall *[be valid for the calendar year of its issue]* become void two years from the first day of the month of issue unless sooner revoked as herein provided. The renewal fee shall be *[$20.00]* $50.00.

Sec. 76. 23 V.S.A. § 733(e) is amended to read:

(e) The department may enter into contracts with either public or private institutions or organizations for technical assistance in conducting rider training courses, if the course is administered and taught according to standards established by the department pursuant to this section for the motorcycle rider training program. If necessary, an organization conducting a rider training course shall charge a reasonable tuition fee which shall be determined by and paid to the commissioner.

Sec. 77. 23 V.S.A. § 1704a is amended to read:

§ 1704a. ALTERATION OF ODOMETERS

Any person who sells or attempts to sell any motor vehicle, highway building appliance, motorboat, all-terrain vehicle or snowmobile and has actual knowledge that the odometer, hubometer reading or clock meter reading has been changed, tampered with or defaced without disclosing same and a person who changes, tampers with or defaces, or who attempts to change, tamper with or deface, any gauge, dial, or other mechanical instrument, commonly known as an odometer, hubometer or clock meter, in a motor vehicle, highway building appliance, motorboat or all-terrain vehicle or snowmobile,which, under normal circumstances and without being changed, tampered with or defaced, is designed to show by numbers or words the distance which the motor vehicle, highway building appliance, motorboat or all-terrain vehicle or snowmobile travels, or who willfully misrepresents the odometer, hubometer or clock meter reading on the odometer disclosure statement or similar statement, title or bill of sale shall be fined not more than $1,000.00 for a first offense and fined not more than $2,500.00 for each subsequent offense.

Sec. 78. 23 V.S.A. § 3010 is amended to read:

§ 3010. TEMPORARY AUTHORIZATION

*[Whenever the commissioner is satisfied that unforeseen or uncertain circumstances have arisen which require a user to operate in this state a motor truck for which no identification marker has been obtained, and if the commissioner is satisfied that prohibition of such operation would cause undue hardship, he may provide the user with temporary authorization for the operation of such motor truck pending payment of the license fee as required by section 3007(b) of this title. The fee for the temporary authorization for motor trucks with a gross weight of 18,000 pounds or over shall be $50.00, and shall also constitute payment of the license fee required under section 3007(b). Temporary authorizations shall be kept with the vehicle while being operated and shall authorize its operation without the attachment of a tag, plate or sticker for a period not to exceed 21 days from the date of issue of the license.]*

Any vehicle registered in a jurisdiction other than Vermont that is eligible for motor fuel tax licensing under the International Fuel Tax Agreement Plan that is not licensed inVermont for fuel tax reporting purposes, may obtain a trip permit prior to entering this state. The fee for the permit shall be $15.00. The permits shall be valid for a period of 72 hours and shall satisfy motor fuel tax reporting and payment obligations that may arise from the trip. Trip permits must be kept with the vehicle while being operated.

* * * Special Funds * * *

Sec. 79. 32 V.S.A. § 585 is amended to read:

§ 585. DEFINITIONS

For the purposes of this subchapter:

(a) "Commissioner" means the commissioner of finance and management.

(b) A "special fund" is a fund created to account for specific revenues earmarked to finance particular or restricted programs and activities*[.]*

*[(1) A "special program fund" is a type of special fund]* , created by expressed enactment of the general assembly, *[and]*

*[(A) Supported by user fees or charges for goods or services provided by a government entity to specific beneficiaries, such as payments for a publication or for entrance to a public outdoor recreation facility; or]*

*[(B) Supported by assessments associated with public regulation or other activity necessitated by the person or entity concerned, such as fees charged for a development permit or a professional license, or the charges assessed for filing for insurance or utility regulation; or]*

*[(C) Supported by receipts otherwise designated by the general assembly for useby specific programs.]*

*[(2) A "special administrative fund" is a type of special fund]* or created by the commissioner of finance and management*[,]* to account for and manage such proceeds as those of court settlements or private bequests, transfers between state and local governments, monies of state institution inmate or patient operations, monies resulting from the disposal of state property, grants and other awards accepted by the general assembly or in accordance with section 5 of this title, transfers of a general services nature between state agencies, or financial transactions by state government on behalf of nonstate entities.

Sec. 80. 32 V.S.A. § 586 is amended to read

§ 586. APPLICATION

*[(a)]* The provisions of this subchapter shall not apply to funds established to account for proceeds from the sale of bonds, to the general fund, the transportation fund, the fish and wildlife fund, or to any federal revenue funds, trust funds, enterprise funds, internal service funds, or agency funds*[.]* , or to

*[(b) The provisions of this subchapter shall not apply to:]*

*[(1)]* public service enterprise funds established to implement provisions of §§ 211 and 212a through 212f of Title 30;

*[(2) the state lottery fund created by § 658 of Title 31;]*

*[(3)]* the budget stabilization reserves created by sections 308 and 308a of this title; or

*[(4) the municipal and regional planning fund;]*

*[(5) the Vermont housing and conservation trust fund created by § 312 of Title 10; or]*

*[(6)]* the low-level radioactive waste fund created by § 7013 of Title 10.

Sec. 81. 32 V.S.A. § 587 is amended to read:

§ 587. SPECIAL FUNDS; CREATION AND TERMINATION

(a) Creation of special funds. The creation of all special *[program funds and all special administrative funds beginning on July 1, 1992 and thereafter]* funds shall be in accordance with the provisions of this subchapter.

(b) Termination of special funds.

*[(1) Special program funds.]* All special *[program]* funds shall be terminated at a time specified as a condition of the fund's creation, when the revenue source of the fund ceases to exist, or when the purpose of the fund has been fulfilled*[, with the approval of]* as determined by the general assembly.

*[(2) Special administrative funds. The commissioner shall terminate all special administrative funds at a time specified as a condition of the fund's creation, when the revenue source of the fund ceases to exist, or when the purpose of the fund has been fulfilled.]*

Sec. 82. 32 V.S.A. § 588 is amended to read:

§ 588. SPECIAL FUNDS; ORGANIZATION AND MANAGEMENT

All special *[program funds and all special administrative funds created on July 1, 1992and thereafter]* funds shall be organized and managed in accordance with the provisions of this section. *[All special funds in existence before that date and authorized by the general assembly pursuant to section 589 of this title as special program funds or special administrative funds shall, beginning on July 1, 1993 and thereafter, be organized and managed in accordance with the provisions of this section.]*

(1) Purpose and identification. Each special fund shall be established for a specific purpose, identified by a unique name, and managed on the state central accounting system under the control of the commissioner with the actual monies held under the authority and responsibility of the state treasurer.

(2) Receipts. Each special fund shall consist of receipts specified upon its creation *[or designation under this subchapter,]* and of transfers from other funds as authorized by the general assembly or by the secretary of administration or the emergency board pursuant to section 706 of this title.

(3) Interest. All interest earned by a special fund shall be credited to the general fund, and not to the special fund concerned, except for the interest earned on proceeds of court settlements or private bequests, grants and other awards accepted in accordance with section 5 of this title which specify that interest shall be retained with the principal amount, and except where otherwise expressly provided by law.

(4) Appropriations and expenditures.

(A) All monies to be expended from a special fund shall be appropriated annually by the general assembly, or allocated pursuant to the authority granted by the generalassembly *[or]* to the secretary of administration with regard to excess receipts, except when the state responsibility relative to the special fund is solely for the transference of monies between nonstate entities as determined by the commissioner. No appropriation authorization shall carry forward beyond the fiscal year for which it was granted.

(B) Individual amounts expended from a special fund shall be upon the warrant of and in accordance with practices approved by the commissioner, and shall be in compliance with the purpose of the fund and of any provisions of law or other conditions of the fund's creation.

(C) Special fund expenditures shall not exceed available revenues, except that the commissioner may anticipate receipts to each special fund and issue warrants based thereon, and in so doing may establish limits on expenditures in anticipation of receipts for any special fund.

(5) Balances.

(A) All cash balances in a special fund at the end of the fiscal year shall be carried forward and remain in the fund unspent until authorized for expenditure in accordance with subdivision (4)(A) of this section or transferred to another fund by the general assembly or by the secretary of administration or the emergency board pursuant to section 706 of this title.

(B) Any negative cash balance in a special fund at the end of a fiscal year shall be carried forward and applied against that fund's receipts for the next fiscal year.

(6) Accounting and reporting. Each special fund shall be accounted for under thedirection of the commissioner, and shall be reported upon in the annual financial report of the department of finance and management required by section 182(8) of this title.

In addition, the commissioner shall annually report*[:]*

*[(A) Amounts of special fund receipts by individual type of receipt.]*

*[(B) A]* a list of any special *[program or administrative fund]* funds created during the fiscal year *[by the general assembly or by the commissioner, and of any special fund the commissioner has terminated or recommends to be terminated by the general assembly pursuant to section 587(b) of this title]*. The list shall furnish for each fund: its name; authorization; *[date of actual or proposed creation or termination; purpose;]* and revenue source or sources*[; actual or projected fund balance on date of actual or proposed termination]*. The report for the prior fiscal year shall be submitted to the general assembly through the joint fiscal committee on or before December 1 of each year.

Sec. 83. REPEAL

The following are repealed:

(1) 32 V.S.A. § 589 (special funds; transitional provisions).

(2) 32 V.S.A. § 590 (cessation of existing special funds; effective July 1, 1992).

* * * Department of Health * * *

Sec. 84. 18 V.S.A. § 115(d) is amended to read:

(d) The board is authorized to accept contributions or gifts which are given to the state for any of the purposes as stated in this section, and the department is authorized to charge and retain monies to offset the cost of providing newborn screening programservices.

* * * Racing Commission * * *

Sec. 85. 31 V.S.A. § 630 is added to read:

§ 630. DISPOSITION OF REVENUES

All fees, fines, unredeemed ticket funds, and other revenues collected under sections 601 through 629 of this title, except section 620, shall be credited to the Vermont racing special fund, established and managed pursuant to chapter 7, subchapter 5 of Title 32, and shall be available to the racing commission to offset the cost of providing its services.

* * * Department of Public Safety * * *

Sec. 86. 16 V.S.A. § 214(e) is added to read:

(e) State, county and municipal law enforcement agencies may charge a fee of up to $15.00 for providing applicants or other individuals with a set of fingerprints as required by subsection (a) of this section. Fees collected by the state of Vermont under this section shall be credited to the fingerprint fee special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the department of public safety to offset the costs of providing these services.

* * * Sergeant at Arms * * *

Sec. 87. 2 V.S.A. § 62(d) is added to read:

(d) The sergeant at arms is authorized to charge for security services as necessary, outside the hours of public admission to the state house, as established by the general assembly pursuant to Rule 26(e) of the joint rules committee of the senate and house ofrepresentatives. Such charges shall be reasonably related to the cost of providing the services. Fees collected under this subsection shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the sergeant at arms to offset the cost of providing security services.

* * * Motorboat Registration Fee * * *

Sec. 88. Sec. 30 of Act No. 186 of the Acts of 1996 is amended to read:

Sec. 30. EXTENSION OF MOTORBOAT REGISTRATION FEE INCREASES

Notwithstanding Sec. 6 of Act No. 52 of the Acts of 1993, motorboat registration fee increases shall affect motorboats required to be registered on March 1 of the years 1994 through *[1998]* 2000, and the fee increases and special fund authorization shall not expire on June 30, 1997, but shall continue in effect through June 30, *[1998]* 2000. Thereafter the fees established by 23 V.S.A. § 3305(b) shall be as provided in Sec. 1 of Act No. 90 of the Acts of 1985.

* * * Biennial Report Filing Fee * * *

Sec. 89. 11B V.S.A. § 1.22(17) is amended to read:

§ 1.22. FILING; SERVICE AND COPYING FEES

The secretary of state shall collect the following fees when the documents described in this section are delivered to the office of the secretary of state for filing:

* * *

(17) Biennial report 15.00

except that a corporation which certifies to the secretary of state, on a form approved bythe secretary, that it did not compensate its officers, directors, or employees during the prior calendar year shall be exempt from the fee required by this subdivision.

Sec. 90. EFFECTIVE DATE

(a) This section and Secs. 33, 36 and 40 of this act shall take effect upon passage.

(b) All provisions of section 1005 of Title 10 in effect prior to May 15, 1997 shall continue in effect thereafter, notwithstanding Sec. 2 of Act No. 172 of the Acts of 1992 as amended by Sec. 18 of Act No. 47 of the Acts of 1995 which are repealed by Sec. 39 of this act effective on passage of this act.