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NO. 155. AN ACT RELATING TO FEES.

(H.768)

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

* * * Fees Generally * * *

Sec. 1. 32 V.S.A. § 602(2)(B)(vi) is amended to read:

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

Sec. 2. 32 V.S.A. § 603(3) is amended to read:

(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, *[upon request of]* may be set by the department providing the service or product, *[shall be set and adjusted by the joint fiscal committee,]* and shall be reasonably and directly related to their costs, as provided in subdivision (2) of this subsection. 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. However, for purposes of fees established under this subdivision for copies of public records, the fees shall be calculated as provided in 1 V.S.A. § 316. These fees shall be reported in accordance with section 605 of this title.

Sec. 3. STATUTORY REVISION

The statutory revision commission shall revise the provisions of 32 V.S.A. § 586 as amended by Sec. 80 of No. 59 of the Acts of 1997 (special funds) to incorporate the provisions of Sec. 20 of No. 60 of the Acts of 1997 and Sec. 19 of No. 64 of the Acts of 1997.

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

Sec. 4. 29 V.S.A. § 903(d) is amended to read:

(d) The commissioner of buildings and general services, with the assistance of all state agencies, shall cooperate with the generators and managers of waste materials which may be recycled and with the producers of products which use recycled materials to maximizethe state's use of those materials and products, particularly where the added cost of using waste materials rather than virgin materials is less than the cost avoided by not having that waste in the waste stream. Proceeds from the sale of waste materials collected by the department of buildings and general services shall be credited to a special fund and shall be available to the department to offset the cost of recycling efforts. The goal for the purchase of recycled materials shall be at least 15 percent by the end of 1988, 25 percent by the end of 1990, and 40 percent by the end of 1993. For purposes of this section, "recycled materials" include, but are not limited to, recycled paper products, retreaded automobile tires, re-refined lubricating oil, used automotive parts, reclaimed solvents, recycled asphalt, recycled concrete and compost materials. By January 15 of each odd-numbered year, the commissioner of buildings and general services shall submit a report to the governor and to the natural resources committees of the general assembly reporting on the implementation of this subsection.

* * * Department of Labor and Industry * * *

Sec. 5. 21 V.S.A. § 711(a) is amended to read:

(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 *[0.914 of one]* 1.1 percent of the direct calendar year premium for workers' compensation insurance, 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.

* * * Secretary of State * * *

* * * Clinical Mental Health Counselors * * *

Sec. 6. 26 V.S.A. § 3270a is added to read:

§ 3270a. FEES

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

(1) Application for licensure $150.00

(2) Biennial renewal $250.00

* * * Marriage and Family Therapists * * *

Sec. 7. 26 V.S.A. § 4041a is added to read:

§ 4041a. FEES

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

(1) Application for certification $300.00

(2) Biennial certification $600.00

* * * Psychotherapists * * *

Sec. 8. 26 V.S.A. § 4089a is added to read:

§ 4089a. FEES

A person who seeks entry on the roster shall pay the following fees:

(1) Initial roster entry $ 50.00

(2) Biennial roster re-entry $ 75.00

* * * Department of Public Service * * *

Sec. 9. REPEAL

Secs. 24a and 26a of No. 182 of the Acts of 1996 (reductions in gross receipts tax rates and public service board salaries) are repealed, and notwithstanding Sec. 28 of No. 182 of the Acts of 1996 (effective dates), shall not take effect.

Sec. 10. 30 V.S.A. § 22(a)(2) is amended to read:

(2) For telephone companies, .0050 of gross operating revenue*[,]* or *[$100.00]* $500.00 whichever is greater;

* * * Universal Service Charge * * *

Sec. 11. Sec. 10 of No 197 of the Acts of 1994 is amended to read:

Sec. 10. SUNSET PROVISION

* * * Department of Motor Vehicles * * *

Sec. 12. 23 V.S.A. § 3307a(b)(2) is amended to read:

(2) pay to the commissioner an application fee *[of $10.00]* in the same amount as would be paid if the vessel was being registered under subsection 3305(b) of this title.

Sec. 12a. 23 V.S.A. § 114(a)(22) and (23) are added to read:

(a) The commissioner shall be paid the following fees for miscellaneous transactions:

* * *

(22) List of title records and related data elements excluding any personally identifiable information - initial computer programming $4,500.00

(23) List of title records and related data elements excluding any personally identifiable information - record set on electronic media $100.00

* * * Agency of Human Services * * *

Sec. 13. REPEAL

3 V.S.A. § 3086(d) (centralized administrative services revolving fund) is repealed.

Sec. 14. SPECIAL FUND; MEDICAID REIMBURSEMENTS

A special fund is established consisting of Medicaid reimbursements available to the Agency of Human Services for transfer to departments within the agency.

* * * Department of Corrections * * *

Sec. 15. 28 V.S.A. § 102(b)(12) is added to read:

(12) To enter into contracts with private collection agencies for the collection of supervisory fees imposed by this title and fines, penalties and restitution imposed under Title 13. The commissioner may agree to pay collection agencies a fixed rate for services rendered or a percentage of the amount collected which shall not be deducted from any amounts but may be recovered as an administrative cost of collection.

Sec. 16. 28 V.S.A. § 102(c)(14) is amended to read:

(14) To collect a fee in the amount of $30.00 per month as a supervisory fee from each person under the supervision of the department who is on probation, furlough, supervised community service, or parole, except that offenders on reparative probation and offenders who cannot pay or can demonstrate other good cause may be exemptedfrom such fee. Supervisory fees collected by the department shall be credited to a special supervision and victim restitution fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, for this purpose and shall be used by the department for expenditures relating to probation, furlough, supervised community service and parole programs and to reimburse victims of crime. In every fiscal year, operational expenses shall take precedence over victim restitution. The commissioner shall *[make]* adopt rules *[and regulations]* governing the collection of supervisory fees, *[fines and restitution,]* including the maximum period of time offenders are subject to supervision fees. *[The commissioner may enter into contracts for the private collection of overdue supervisory fees, fines and restitution that provide for a collection charge to be discounted from any monies collected.]*

Sec. 17. 28 V.S.A. § 816 is added to read:

§ 816. INMATE RECREATION FUND

The department shall accept monies generated by commissions on telephone services, commissary sales and sales of vended items at its correctional facilities and shall establish with such monies an inmate recreation special fund. The fund may be used, at the discretion of the commissioner, to hire persons or purchase services, equipment and goods to establish or enhance recreation activities for inmates confined in any of the department's facilities.

* * * Department of Corrections and Medical Practice Board * * *

Sec. 18. REPEAL OF CERTAIN SUNSET DATES FOR FEES

(a)(1) Notwithstanding any provisions of law to the contrary, Sec. 29 of No. 108 of the Acts of 1993 (Adjourned Session), as amended by Sec. 2 of No. 188 of the Acts of 1995 (Adjourned Session), as amended by Sec. 89g of No. 59 of the Acts of 1997 is amended to read:

Sec. 29. SUNSET

26 V.S.A. §§ 1352(a)(11) and (12), 1353(c) and 1401a, relating to the medical practice board shall expire on *[July 1, 1999]* January 1, 2000.

(2) Sec. 25a of No. 186 of the Acts of 1996 (sunset of fees for medical practiceboard) is repealed.

(b) Sec. 37 of No. 186 of the Acts of 1996 as amended by Sec. 20 of No. 59 of the Acts of 1997 is further amended to read:

Sec. 37. EFFECTIVE DATES

This act shall take effect on passage, and Secs. 9-12 (nursing home transfer tax) shall apply 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; 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]* June 30, 1999 and shall expire *[July 1, 1998]* January 1, 2000; 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]* July 1, 1999.

* * * DUI Surcharges * * *

Sec. 19. REPEAL OF SUNSET DATE

Notwithstanding Sec. 15(b) of No. 77 of the Acts of 1996, the DUI surcharges imposed under 23 V.S.A. § 1210(h) and (i) shall not terminate on July 1, 1998, but shall remain in effect.

* * * Department of Social Welfare * * *

Sec. 20. 33 V.S.A. § 122 is amended to read:

§ 122. RECOVERY OF PAYMENTS

* * * [Text Not Reproduced] * * *

(b) When on the death of a person receiving assistance it is found that the recipient possessed income or property in excess of that reported to the department, up to double the total amount of assistance in excess of that to which the recipient was lawfully entitled may be recovered by the commissioner as a preferred claim from the estate of therecipient. *[In event of recovery, an amount equivalent to the pro rata share to which the United States of America is equitably entitled shall be paid promptly to the appropriate federal agency.]* The commissioner shall calculate the amount of the recovery by applying the legal interest rate to the amount of excess recovery paid, except that the recovery shall be capped at double the excess assistance paid.

(c) When the commissioner finds that a recipient of benefits received assistance in excess of that to which the recipient was lawfully entitled, because the recipient possessed income or property in excess of department standards, the commissioner may take actions to recover the overpayment.

(d) In the event of recovery, an amount may be retained by the commissioner in a special fund for use in offsetting program expenses and an amount equivalent to the pro rata share to which the United States of America is equitably entitled shall be paid promptly to the appropriate federal agency.

Sec. 21. 33 V.S.A. § 1901 is amended to read:

§ 1901. ADMINISTRATION OF PROGRAM

(a) The commissioner shall take appropriate action, including making of regulations, required to administer a medical assistance program under Title XIX of the Social Security Act.

(b) The commissioner may charge at the time of each enrollment, a premium, not to exceed $20.00, to each individual 18 years or older who is eligible for enrollment in the health access program, as authorized by section 1972 of this title, and as implemented by rules. All premiums collected by the Vermont health access office for enrollment in the health access program shall be deposited in the Vermont health access trust fund, established by section 1972 of this title.

(c) The commissioner may charge a monthly premium of $10.00 per family for pregnant women and children eligible for medical assistance under Sections 1902(a)(10)(A)(i)(III), (IV), (VI) and (VII) of Title XIX of the Social Security Act, whose family income exceeds 185 percent of the federal poverty level, as permitted under Section 1902(r)(2) of that act. Fees collected under this subsection shall be credited to aspecial fund and shall be available to the department to offset the costs of providing Medicaid services.

* * * Vermont Veterans' Home * * *

Sec. 22. 3 V.S.A. § 3095 is added to read:

§ 3095. VERMONT VETERANS' HOME

The Vermont veterans' home, originally chartered by No. 180 of the Acts of 1884, is authorized to establish and collect charges for residential room and board. Charges collected under this section shall be credited to special funds and shall be available to the veterans' home to offset the cost of providing services.

* * * Institutions * * *

Sec. 23. 32 V.S.A. § 582 is amended to read:

§ 582. SALE OF MEALS; REVOLVING FUND

Superintendents of institutions in the departments of corrections and developmental and mental health services and the Vermont veterans' home may sell meals prepared under their food service programs to employees, officials, visitors, and other necessary persons participating in institutional programs. Rates for meals and food issue sold shall be *[computed at least annually and approved by the secretary of administration, and shall cover food, labor and applied overhead costs. Costs for food issue shall be computed in the same manner as for meals]* reasonably related to costs. Proceeds from these sales *[shall]* may be deposited to a separate *[revolving]* special fund for each institution and may be used for food supplies. *[Balances remaining in the revolving fund at the end of a fiscal year shall be reverted to the general fund.]*

Sec. 24. [DELETED.]

* * * Office of Child Support * * *

Sec. 25. 33 V.S.A. § 4103(c) is amended to read:

(c) In the case where neither parent requests services under Title IV-D of the Social Security Act, the office of child support services may recover the administrative costs of processing payments through the child support registry, not to exceed an administrative fee of $5.00 per month. The family court shall increase the monthly support obligation totake the administrative cost into account unless the noncustodial parent is below the federal poverty level. The office of child support services shall deduct the cost from the first payment received each month. Fees collected under this subsection shall be credited to a special fund and shall be available to the office of child support services to offset the costs of its administrative services.

* * * Environmental Board * * *

Sec. 26. 10 V.S.A. § 6083(a)(3) is amended to read:

(3) The fee prescribed by *[rule. In no event shall a permit application fee exceed $135,000.00]* section 6083a of this title.

Sec. 27. 10 V.S.A. § 6083a is added to read:

§ 6083a. FEES

(a) All applicants shall be directly responsible for the costs involved in the publication of notice in a newspaper of general circulation in the area of the proposed development or subdivision and the costs incurred in recording any permit or permit amendment in the land records. In addition, applicants shall be subject to the following fees for the purpose of compensating the state of Vermont for the direct and indirect costs incurred with respect to the administration of the Act 250 program:

(1) For projects involving construction, $4.25 for each $1,000.00 of the first $15,000,000.00 of construction costs, and $2.00 for each $1,000.00 of construction costs above $15,000.000.00.

(2) For projects involving the creation of lots, $50.00 for each lot.

(3) For projects involving exploration for or removal of oil, gas and fissionable source materials, a fee as determined under subdivision (1) of this subsection or $1,000.00 for each day of commission and board hearings required for such projects, whichever is greater.

(4) For projects involving the extraction of earth resources, including but not limited to sand, gravel, peat, topsoil, crushed stone or quarried material, a fee as determined under subdivision (1) of this subsection or a fee equivalent to the rate of $0.10 per cubic yard of maximum estimated annual extraction, whichever is greater.

(5) For projects involving the review of a master plan, a fee equivalent to $0.10 per $1,000.00 of total estimated construction costs in current dollars in addition to the fee established in subdivision (1) of this subsection for any portion of the project seeking construction approval.

(6) In no event shall a permit application fee exceed $135,000.00.

(b) Notwithstanding the provisions of subsection (a) of this section, there shall be a minimum fee of $100.00 for original applications and $25.00 for amendment applications, in addition to publication and recording costs. These costs shall be in addition to any other fee established by statute, unless otherwise expressly stated.

(c) Fees shall not be required for projects undertaken by municipal agencies or by state governmental agencies, except for publication and recording costs.

(d) All persons filing an appeal, cross appeal or petition from a district environmental commission decision or jurisdictional determination shall pay a fee of $100.00, plus publication costs.

(e) A written request for an application fee refund shall be submitted to the district commission to which the fee was paid within 90 days of the withdrawal of the application.

(1) In the event that an application is withdrawn prior to the convening of a hearing, the district commission shall, upon request of the applicant, refund 50 percent of the fee paid between $100.00 and $5,000.00, and all of that portion of the fee paid in excess of $5,000.00 except that the district commission may decrease the amount of the refund if the direct and indirect costs incurred by the state of Vermont with respect to the administration of the Act 250 program clearly and unreasonably exceed the fee that would otherwise be retained by the district commission.

(2) In the event that an application is withdrawn after a hearing, the district commission shall, upon request of the applicant, refund 25 percent of the fee paid between $100.00 and $10,000.00 and all of that portion of the fee paid in excess of $10,000.00 except that the district commission may decrease the amount of the refund if the direct and indirect costs incurred by the state of Vermont with respect to the administration of the Act 250 program clearly and unreasonably exceed the fee that would otherwise beretained by the district commission.

(3) The district commission shall, upon request of the applicant, increase the amount of the refund if the application of subdivisions (1) and (2) of this subsection clearly would result in a fee that unreasonably exceeds the direct and indirect costs incurred by the state of Vermont with respect to the administration of the Act 250 program.

(4) District commission decisions regarding application fee refunds may be appealed to the board in accordance with board rules.

(5) For the purposes of this section, a "hearing" is a duly warned meeting concerning an application convened by a quorum of the board or district commission, or a hearing officer or panel of the board, at which parties may be present. However, a hearing does not include a prehearing conference.

(6) In no event may an application fee or a portion thereof be refunded after a district commission has issued a final decision on the merits of an application.

(7) In no event may an application fee refund include the payment of interest on the application fee.

(f) In the event that an application involves a project or project impacts that previously have been reviewed, the applicant may petition the chair of the district commission to waive all or part of the application fee. If an application fee was paid previously in accordance with subdivisions (a)(1) through (4) of this section, the chair may waive all or part of the fee for a new or revised project if the chair finds that the impacts of the project have been reviewed in an applicable master permit application, or that the project is not significantly altered from a project previously reviewed, or that there will be substantial savings in the review process due to the scope of review of the previous applications.

(g) A commission or the board may require any permittee to file a certification of actual construction costs and may direct the payment of a supplemental fee in the event that an application understated a project's construction costs. Failure to file a certification or to pay a supplemental fee shall be grounds for permit revocation.

(h) The costs of republishing a notice due to a scheduling change requested by a party shall be borne by the party requesting the change.

Sec. 28. 10 V.S.A. § 6089(a)(1) is amended to read:

(a)(1) An appeal from the district commission shall be to the board and shall be accompanied by a fee prescribed by *[rule of the board, which shall be reasonably related to the costs associated with hearing the appeal]* section 6083a of this title.

* * * Waste Facility Panel * * *

Sec. 29. 10 V.S.A. § 6101(d) is amended to read:

(d) A request for review or an appeal shall be filed with the waste facility panel within 30 days of the secretary's determination or the district commission's decision. The filing shall be accompanied by a fee. The amount*[, deposit and disbursement]* shall be as provided for fees assessed for appeals to the environmental board and shall be deposited in the solid waste management assistance account of the waste management assistance fund, established by subsection 6618(a) of this title.

* * * Department of Forests, Parks and Recreation * * *

Sec. 30. STATE FORESTS AND PARKS; FEES

(a) The commissioner of forests, parks and recreation shall by January 15, 1999 submit to the general assembly:

(1) A schedule of fees established for calender year 1999 by the commissioner pursuant to subsection 2603(c) of Title 10 for the use of state forests or parks, including charges for the use of lands, roads, camping sites, buildings and other facilities and for the harvesting of timber and removal of minerals and other resources from such lands. The commissioner shall present these fees in the context of data on historic trends in state forests and parks fees.

(2) A proposal for review and approval by the general assembly, consisting of:

(A) A schedule of calendar year 2000 dollar amounts for the fees referred to in subdivision (1) of this subsection.

(B) Separate proposals defining discretion to be granted the commissioner for:

(i) Changing fee amounts to achieve park usage marketing objectives and to accommodate scientific research within state forests and parks.

(ii) Establishing new fees for experimental activities in state forests and parks.

(b) The house committee on ways and means shall review the submissions required by subsection (a) of this section.

* * * Department of Environmental Conservation * * *

Sec. 31. 3 V.S.A. § 2805 is amended to read:

§ 2805. ENVIRONMENTAL PERMIT FUND

There is hereby established a special fund to be known as the environmental permit fund for the purpose of implementing the programs specified under the provisions of 3 V.S.A. § 2822(h) and (i). Revenues to the fund shall be those fees collected in accordance with 3 V.S.A. § 2822(h)*[,]* and 10 V.S.A. § 2625*[,]* and gifts and appropriations. The secretary of natural resources shall be responsible for the fund and shall account for the revenues and expenditures of the agency of natural resources. Any fee required to be collected under 3 V.S.A. § 2822(j)(1) shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the operating permit program authorized under 10 V.S.A. chapter 23. Any fee required to be collected under 3 V.S.A. § 2822(k), (l) or (m) for air pollution control permits or registrations or motor vehicle registrations shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the programs authorized under 10 V.S.A. chapter 23. Fees collected pursuant to subsections 2822(k) and (l) of this title, and a portion of the fees collected pursuant to subsection 2822(m) of this title shall be used by the secretary to fund activities related to the secretary's hazardous *[air]* or toxic contaminant monitoring *[program]* programs and motor vehicle-related programs. The environmental permit fund shall be subject to the provisions of subchapter 5 of chapter 7 of Title 32, except that any unencumbered environmental permit fund balance in excess of those fees collected under *[section 2822(k), (1) and (m)]* subsections 2822(j)(1), (k), (l) and (m) of this title, and in excess of *[$100,000.00]* $150,000.00 from those fees collected from environmental permit fund sources other than section 2822(j)(1), (k), (1) and (m) at the close of a fiscal year shall revert to the general fund.

Sec. 32. 3 V.S.A. § 2822 is amended to read:

§ 2822. BUDGET AND REPORT; POWERS

(a) The secretary shall be responsible to the governor and shall plan, coordinate and direct the functions vested in the agency. *[He]* The secretary shall prepare and submit to the governor an annual budget and shall prepare and submit to the governor and the general assembly in November of each year a report concerning the operation of the agency for the preceding fiscal year and the future goals and objectives of the agency.

* * * [Text Not Reproduced] * * *

(g) The secretary shall make all practical efforts to process permits in a prompt manner. The secretary shall establish time limits for the processing of each permit as well as procedures and time periods within which to notify applicants whether an application is complete. The secretary shall report *[annually by February 15]* no later than the third Tuesday of each annual legislative session to the house and senate committees on natural resources and government operations. The annual report shall assess the agency's performance in meeting the limits; identify areas which hinder effective agency performance; list fees collected for each permit; summarize changes made by the agency to improve performance; describe staffing needs for the coming year; and certify that the revenue from the fees collected is at least equal to the costs associated with those positions. This report is in addition to the fee report and request, required by subchapter 6 of chapter 7 of Title 32.

(h) The secretary shall require fees to be paid at the time of application, unless the secretary specifies that the fee may be paid at a different time, for the following permits and licenses:

(1) *[For air]* Air pollution permits and registrations issued under 10 V.S.A. chapter 23.

(2) *[For management]* Management of lakes and ponds permits issued under

29 V.S.A. chapter 11.

(3) *[For temporary pollution permits, discharge]* Discharge permits *[and renewals]* issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272.

(4) Subdivision permits issued under 18 V.S.A. *[§ 1218 et seq]* chapter 23.

(5) *[For]* Potable water supply and wastewater disposal permits issued under 10 V.S.A. chapter 61; mobile home park permits issued under 10 V.S.A. chapter 153; campground permits issued under 3 V.S.A. § 2873 and under 10 V.S.A. chapter 61.

(6) *[For stream]* Stream alteration permits issued under 10 V.S.A. chapter 41.

(7) Dam permits issued under 10 V.S.A. chapter 43.

(8) Aquatic nuisance control permits issued under 10 V.S.A. *[§ 905b(10)(A) and (B)]* § 1263a.

(9) *[For well]* Well drillers licenses issued under 10 V.S.A. chapter 48.

(10) *[For certification of sewage]* Sewage treatment plant *[operators]* operator certifications issued under 10 V.S.A. chapter 47 *[and the wastewater facility operator certification regulations]*.

(11) *[For certification of sludge]* Sludge or septage *[disposal sites]* facility certifications issued under 10 V.S.A. chapter 159.

(12) *[For certification of solid]* Solid waste treatment, storage, or disposal *[facilities]* facility certifications issued under 10 V.S.A. chapter 159.

(13) *[For approval of underground]* Underground storage *[tanks]* tank permits issued under 10 V.S.A. chapter 59.

(14) *[For approval of hazardous]* Hazardous waste treatment, storage and disposal *[facilities]* facility certifications issued under 10 V.S.A. *[§§ 6605 and 6606]* chapter 159.

(15) Recycle or reuse exemptions issued under 10 V.S.A. §§ 6602(9) and 6603(1).

(16) Delisting of hazardous wastes issued under 10 V.S.A. §§ 6602(4) and 6603(1).

(17) *[Certification of site technicians]* Site certifications issued under 3 V.S.A.

§ 2822(f).

(18) Underground storage tank *[testers]* tester licenses issued under 10 V.S.A.

§ 1936.

(19) *[For public]* Public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56.

(20) *[For public]* Public water system operator certifications issued under 10 V.S.A. § 1674.

(21) Waste hauler permits issued under 10 V.S.A. § 6607a.

(22) Certificates of need issued under 10 V.S.A. § 6606a.

(i) *[Fees established by law or rule required for permits or licenses under subsection (h) of this section in effect on July 1, 1991, shall remain in effect until amended or repealed by act of the general assembly. Annually, on or before January 15, the secretary shall submit to the general assembly recommendations for the adjustment of any fees so set, and such recommendations for adjustment shall be reasonably related to the costs associated with administering the permit programs of the department of environmental conservation.]* The secretary shall not process an application for which the applicable fee has not been paid unless the secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to section 710 of Title 32. Municipalities shall be *[required to pay only the]* exempt from the payment of fees under this section except for those fees prescribed in subdivisions *[(h)(1), (h)(3), (h)(10), (h)(11), (h)(19) and (h)(20)]* (j)(1), (2), (7), (8), (14) and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services.

(j) In accordance with *[subdivisions (h)(1), (3), (4), (5), (9), (12), (19) and (20) of this section, and subsection (i)]* subsections (h) and (i) of this section, the following fees are established for permits, licenses and registrations issued by the agency of natural resources. *[These fees supersede any existing fees adopted by the agency for the referenced programs. All other fees in effect for other agency programs cited in subsection (h) of this section remain in effect.]*

(1) For air pollution control permits or registrations issued under 10 V.S.A. chapter 23:

(A) Any persons subject to the provisions of section 556 of Title 10 shall submit with each permit application or with each request for a permit amendment, a base service fee in accordance with the base fee schedule in subdivision (i) of this subdivision. Prior totaking final action under section 556 of Title 10 on any application for a permit for a nonmajor stationary source or on any request for an amendment of a permit for such a source, the secretary shall assess each applicant for any additional fees due to the agency, assessed in accordance with the base fee schedule and the supplementary fee schedule in subdivision (ii) of this subdivision. The applicant shall submit any fees so assessed to the secretary prior to issuance of the final permit, notwithstanding the provisions of subsections (h) and (i) of this section. The base fee schedule and the supplementary fee schedule are applicable to all applications on which the secretary makes a final decision on or after the date on which this section is operative.

(i) Base fee schedule

(I) Application for permit

to construct or modify source

(aa) Major stationary source*[ $9,500.00]* $11,000.00

(bb) Nonmajor stationary source*[ $ 500.00]* $585.00

(cc) Indirect source*[ $3,000.00]* $3,500.00

(II) Minor Amendment

(aa) Change in business name,

division name or plant name;

mailing address; or company

stack designation*[ $ 50.00]* $60.00

(bb) Other minor amendments*[ $ 50.00]* $60.00

(ii) Supplementary fee schedule for nonmajor stationary sources

(I) Engineering review*[ $1,250.00]* $1,460.00

(II) Air quality impact analysis

(aa) Review screening modeling*[ $ 500.00]* $585.00

(bb) Review refined modeling*[ $1,000.00]* $1,170.00

(III) Observe and review source

emission testing*[ $1,500.00]* $1,750.00

(IV) Audit performance of

continuous emissions monitors*[ $1,500.00]* $1,750.00

(V) Audit performance of ambient

air monitoring*[ $1,500.00]* $1,750.00

(VI) Implement public comment

requirement*[ $ 250.00]* $290.00

(B) Any person required to register an air contaminant source under subsection 555(c) of Title 10 shall submit an annual registration fee in accordance with the following registration fee schedule, where the sum of a source's emissions of the following air contaminants is greater than five tons per year: sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons:

Registration: $0.015 per pound of emissions of any of these contaminants.

Where the sum of a source's emission of these contaminants is greater than ten tons per year:

Base registration fee $800.00; and $0.015 per pound of emissions of any of these contaminants.

(2) For discharge permits *[and renewals]* issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272, an administrative processing fee of $100.00 shall be paid at the time of application for a discharge permit in addition to any application review fee and any annual operating fee:

*[(ii) individual permit $125.00 per acre of impervious surface. Minimum $100.00 per application.]*

*[with no increase in design capacity:]*

(A) Application review fee

(i) Municipal, industrial, noncontact

cooling water and thermal discharges.

(I) Individual permit: original $0.0023 per gallon design flow; application; amendment for minimum $50.00 per outfall;

increased flows; amendment for maximum $30,000.00 per

change in treatment process. application.

(II) Renewal, transfer or minor $0.00

amendment of individual permit.

(III) General permit. $0.00

(ii) Pretreatment discharges.

(I) Individual permit: original $0.12 per gallon design flow;

application; amendment for minimum $50.00 per outfall.

increased flows; amendment for

change in treatment process.

(II) Renewal, transfer or minor $0.00

amendment of individual permit.

(iii) Stormwater discharges.

(I) Individual permit: original $145.00 per acre impervious

area;

application; amendment for minimum $100.00 per

application.

increased flows; amendment

for change in treatment process.

(II) Individual permit for collected $1,170.00 per acre impervious

stormwater runoff which is area; minimum $1,170.00 per

discharged to Class A waters. application.

(III) Renewal, transfer or minor $0.00

amendment of individual permit.

(IV) General permit. $0.00

(iv) Indirect discharge or underground

injection control, excluding stormwater

discharges.

(I) Sewage.

(aa) Individual permit: original $1,755.00 plus $0.08 per gallon

application; amendment for of design capacity above 6,500 increased flows; amendment gpd.

for modification or replacement

of system.

(bb) Renewal, transfer or $0.00

minor amendment of

individual permit.

(cc) General permit. $0.00

(II) Nonsewage.

(aa) Individual permit: original $0.06 per gallon design capacity;

application; amendment for minimum $235.00 per

increased flows; amendment application.

for modification or replacement

of system.

(bb) Renewal, transfer or minor $0.00

amendment of individual permit.

(cc) General permit $0.00

(B) Annual operating fee

(i) Municipal, industrial, noncontact $0.0005 per gallon design

cooling water and thermal capacity. $100.00 minimum;

discharges. maximum $6,000.00.

(ii) Pretreatment discharges. $0.024 per gallon design capacity. $100.00 minimum;

maximum $7,000.00.

(iii) Stormwater

(I) Individual permit for collected $ 235.00 per acre impervious

stormwater runoff which is area; $ 235.00 minimum.

discharged to class A waters.

(II) All other individual permits $ 30.00 per acre impervious area; $ 30.00 minimum.

(III) General permit $ 30.00

(iv) Indirect discharge or underground

injection control, excluding stormwater

discharges:

(I) Sewage

(aa) Individual permit $350.00 plus $0.02 per gallon of design capacity above 6,500 gpd. $350.00 minimum; maximum $10,000.00.

(bb) General permit $200.00

(II) Nonsewage

(aa) Individual permit $0.012 per gallon of design capacity. $100.00 minimum; maximum $5,000.00.

(bb) General permit $ 200.00

The secretary shall bill all persons who hold discharge permits for the required annual operating fee. Annual operating fees may be divided into semiannual or quarterly billings.

(3) For subdivision permits issued under 18 V.S.A. chapter 23:

(A) per lot*[ $150.00]* $175.00.

(B) deferral of permit*[ $ 50.00]* $60.00.

(C) homestead exemption*[ $ 50.00]* $60.00 per application.

(D) permit amendment*[ $ 50.00]* $60.00 per application.

(E) remediation certificate*[ $150.00]* $175.00 per certificate.

(F) time-of-sale remediation report *[ $ 25.00]* $30.00 per report.

(4) For potable water supply and wastewater *[disposal]* permits issued under 10 V.S.A. chapter 61; mobile home park permits issued under 10 V.S.A. chapter 153; campground permits issued under 3 V.S.A. section 2873 and under *[18 V.S.A. section1218(b)]* 10 V.S.A. chapter 61:

(A) original application*[ $0.36]* $0.42 per gallon of design flow of sewage or water, whichever is greater. Minimum *[$100.00]* $115.00 per application. Not to exceed *[ $75,000.00]* $87,750.00 *[per application, or twice the agency costs relating to the application, whichever is greater]*.

(B) permit amendment*[ $0.36]* $0.42 per gallon *[additional]*

that requires a technical review of design flow for amendments that require review of both sewage and water. Minimum *[$50.00]* $115.00 per application. $0.25 per gallon of design flow for amendments that require review of either sewage or water but not both. Minimum of $115.00 per application. Not to exceed *[$75,000.00]* *[per application, or twice the agency costs relating to the application, whichever is greater]* $87,500.00.

(C) other amendments which $35.00

require little or no technical review.

(D) Notwithstanding the other provisions of this subdivision,

(i) when a wastewater system is subject to the fee provisions of this subdivision and subdivision (j)(2)(A)(iv)(I) of this section, only the higher of the two feesshall be assessed; and

(ii) when a water supply is subject to the fee provisions of this subdivision and subdivision (j)(7)(A) of this section, only the fee required by subdivision (j)(7)(A) shall be assessed.

(5) For well *[contractor]* drillers licenses issued under 10 V.S.A. chapter 48:

(A) Water well drillers

(i) original application $300.00

(ii) renewal application $300.00

(B) Monitoring well drillers

(i) original application $300.00

(ii) renewal application $300.00

Renewal every three years is required for all well *[contractor]* drillers licenses. Any existing licensee may apply to be licensed for an additional class at the renewal rate for that class.

(6) For *[approval of]* solid waste treatment, storage or disposal *[facilities]* facility certifications issued under 10 V.S.A. chapter 159, $0.75 per ton per year.

(7) For public water supply *[permits and approvals,]* and *[for]* bottled water permits and approvals issued under 10 V.S.A. chapter 56:

(A) For public water supply construction permit applications: *[$200.00]* $235.00 per application plus *[$0.004]* $0.0047 per gallon of design capacity.

(B) For water treatment plant applications: *[$0.0015]* $0.0018 per gallon of design capacity.

(C) For new source approval applications for community water systems: *[$500.00]* $585.00 per source.

(D) For public water supplies and bottled water facilities, annually:

Transient, noncommunity:*[ $0.02]* $0.023 per 1,000 gallons of water produced annually or *[$35.00 ]*$40.00, whichever is greater.

Nontransient, noncommunity:*[ $0.02]* $0.023 per 1,000 gallons of water produced annually or *[$50.00]* $60.00, whichever is greater.

Community:*[ $0.01 per 1,000 gallons of water produced annually, an amount that changes, effective March 1, 1994, to $0.02]* $0.023 per 1,000 gallons of water produced annually *[after January 1, 1994]*.

Bottled water:*[ $400.00]* $475.00 per permitted facility.

In calculating flow-based fees under this subsection, the secretary will use metered production flows where available. When metered production flows are not available, the secretary shall estimate flows based on the standard design flows for new construction.

The secretary shall bill public water supplies and bottled water companies for the required fee. Annual fees may be divided into semiannual or quarterly billings.

(8) For public water system operator certifications issued under 10 V.S.A. *[chapter 56]* § 1674:

Class 1 $30.00 per certificate or renewal

Class 2 $60.00 per certificate or renewal

Class 3 $60.00 per certificate or renewal

Class 4A $60.00 per certificate or renewal

Class 4B $60.00 per certificate or renewal

Class 4C $60.00 per certificate or renewal

Class 5 $60.00 per certificate or renewal.

(9) For waste hauler permits issued under 10 V.S.A. § 6607a: $10.00 per vehicle used, by the commercial hauler that is permitted, for transporting waste. This fee shall be submitted with the permit application and each year thereafter for theduration of the permit, at the time of filing of the annual statement required by 10 V.S.A. § 6605f(m).

(10) For management of lakes and ponds permits issued under 29 V.S.A. chapter 11:

(A) Shoreline erosion control $150.00 per application

(B) All other encroachments $150.00 per application plus

0.5 percent of construction costs.

(11) For stream alteration permits issued under 10 V.S.A. chapter 41: $100.00 per application.

(12) For dam permits issued under 10 V.S.A. chapter 43: 0.5 percent of construction costs, minimum fee of $200.00.

(13) For aquatic nuisance control permits issued under 10 V.S.A. § 1263a:

(A) Copper compounds used as algicides. $25.00 per application

Bottom barriers.

(B) Chemicals other than pesticides or $60.00 per application

biological controls.

(C) Pesticides, other than copper $150.00 per application.

compounds used as algicides.

Powered mechanical devices.

Structural controls.

(14) For certification of sewage treatment plant operators issued under 10 V.S.A. chapter 47:

(A) original application $60.00

(B) renewal application $60.00.

(15) For sludge or septage facility certifications issued under 10 V.S.A. chapter 159:

(A) land application sites; facilities that $800.00 per application

further reduce pathogens; disposal facilities

(B) all other types of facilities $90.00 per application.

(16) For underground storage tank permits issued under 10 V.S.A. chapter 59: $30.00 per tank per year.

(17) For hazardous waste treatment, storage, or disposal facility certifications issued under 10 V.S.A. chapter 159:

(A) original application $5,000.00

(B) renewal application $5,000.00.

(18) For recycle or reuse exemptions issued under 10 V.S.A. §§ 6602(9) and 6603(1): $90.00 per application.

(19) For delistings of hazardous waste issued under 10 V.S.A. §§ 6602(4) and 6603(1): $250.00 per application.

(20) For underground storage tank tester licenses issued under 10 V.S.A. § 1936:

(A) original application $50.00

(B) renewal application $50.00.

(21) For site technician certifications issued under 3 V.S.A. § 2822(f):

(A) Type A site technicians

(i) original application $50.00

(ii) renewal application $25.00 per year

(B) Type B site technicians

(i) original application $25.00

(ii) renewal application $25.00 per year.

(22) For certificates of need issued under 10 V.S.A. § 6606a: $7,500.00 per application.

(23) Notwithstanding all other subdivisions of this subsection, for administrative amendments of the listed permits, licenses, certifications, approvals and exemptions, the secretary may charge less than the listed fees, provided that the amount charged is no less than $25.00 and is sufficient to cover the costs associated with processing the administrative amendment.

* * * [Text Not Reproduced] * * *

(n) Notwithstanding the provisions of section 603 of Title 32, the secretary mayprovide environmental testing laboratory services and charge fees which shall be reasonably related to the cost of providing the services for state agencies. Fees collected under this subsection shall be credited to a special fund and shall be available to the agency to offset the cost of providing the services.

Sec. 32a. TRANSITIONAL IMPLEMENTATION OF SECTION 32

Any person who has paid an application fee for a discharge permit, prior to July 1, 1998, pursuant to 3 V.S.A. § 2822(j)(2)(A) shall be exempt from paying an annual operating fee under subdivision (j)(2)(B) of that section, until the end of the term established in the existing permit.

Sec. 32b. EASEMENT CONVEYANCE

The commissioner of forests, parks and recreation is authorized to convey an easement across state-owned land within Dutton Pines State Park (Myron Dutton Memorial Park) in Dummerston to the Housing Foundation, Inc., to accommodate the proposed drilling of wells and construction of a public water supply system to service the Charette Mobile Home Park, provided that the easement and ownership of the entire water supply system, including the wells, shall revert to the state should the mobile home park cease operation. Conveyance of such easement shall not occur until:

(1) the commissioner has negotiated an initial, refundable deposit of $2,500.00 and an annual fee of $250.00 for the conveyance of the easement. The commissioner shall refund the deposit upon a finding that the construction of the proposed water supply has not unduly damaged the Dutton Pines State Park and that, to the extent possible, the park has been returned to its pre-construction condition;

(2) the agency of natural resources has completed a favorable review of possible impacts of the proposed water supply system, and all required state fees have been paid and all required state and federal permits have been issued for the project;

(3) the commissioner has determined that granting the easement and subsequent construction of the proposed water supply system will not have an adverse impact on the operation of Dutton Pines State Park should the department of forests, parks and recreation reactivate the park in the future; and

(4) the department of forests, parks and recreation has determined that there is local support for amending the long-range management plan for Dutton Pines State Park to permit such water supply system construction and use.

Sec. 33. 10 V.S.A. § 105 is amended to read:

§ 105. GEOLOGICAL PUBLICATIONS AND PRODUCTS; ACCOUNT

Sec. 34. 10 V.S.A. § 1251a(a) is amended to read:

(a) The secretary may adopt rules, in accordance with the procedures in the Administrative Procedure Act, which are necessary for the proper administration of the secretary's duties under this subchapter, including a planning process approvable under Public Law 92-500, as amended*[; and permit application fees to defray expenses]*.

Sec. 35. 10 V.S.A. § 1283(f) is amended to read:

(f) *[Receipts for filing permit applications under subsection (a) of section 1263 and under section 1265 of this title shall be deposited into the environmental contingency fund. Likewise, all]* Except as provided in subsection 6618(a) of this title, revenues under the hazardous waste *[generator]* tax established under 32 V.S.A. chapter 237 shall be deposited in the environmental contingency fund. The secretary may reimburse the fund with funds received from the United States pollution prevention revolving fund authorized by subsection (k) of section 311 of Public Law 92-500, as amended, codified in 1979 as 33 U.S.C. § 1321(k). Monies may be accepted by the secretary under written agreements with responsible parties for release site cleanup to provide administrative, technical andmanagement oversight.

Sec. 36. 10 V.S.A. § 1941(a) is amended to read:

(a) *[There is hereby created in the state treasury a]* A fund to be known as the petroleum cleanup fund is created in the state treasury, to be expended by the secretary of the agency of natural resources. The fund shall consist of licensing fees and petroleum tank fees assessed under the provisions of this chapter, loan repayments, and disbursements that have been recovered, except for underground storage tank permit fees and licensing fees for tank inspectors. All balances in the fund at the end of any fiscal year shall be carried forward and remain a part of the fund. Interest earned by the fund shall be deposited into the fund. Disbursements from the fund shall be made by the state treasurer on warrants drawn by the commissioner of finance and management. The secretary shall seek to recover from responsible parties costs incurred under subdivision (b)(7) of this section.

Sec. 37. REPEAL

10 V.S.A. § 6606a(g) (authority to establish hazardous waste certificates of need fees by rule) is repealed.

Sec. 38. 10 V.S.A. § 6628(j) is amended to read:

(j) *[Fees shall be submitted according to the following schedule: by October 1, 1992, for hazardous waste streams of Class A generators; by July 1, 1993 for hazardous waste streams of Class B generators; by July 1, 1995 for toxic chemicals of large users.]* Fees shall be submitted annually on March 31st*[, after initial fees have become due]*. Fees shall be submitted to the secretary and deposited into the hazardous waste management account of the waste management assistance fund established under section 6618 of this title. Fees shall be computed according to the following:

* * * [ Text Not Reproduced ] * * *

Sec. 39. REPEAL OF CERTAIN ENVIRONMENTAL CONSERVATION SUNSET

PROVISIONS

(a) Sec. 28 of No. 186 of the Acts of 1996, sunset of 3 V.S.A. § 2822(k), (l) and (m) is amended as follows:

Sec. 28. EXTENSION OF CERTAIN ENVIRONMENTAL CONSERVATION PROVISIONS

Notwithstanding Sec. 20 of Act No. 92 of the Acts of 1993, 3 V.S.A. § 2822(k), (l) and (m) (air pollution control permits, registrations or motor vehicle registrations) shall not sunset July 1, 1996, but are extended through *[June 30, 1998]* June 30, 1999.

(b) Sec. 7 of No. 279 of the Acts of 1990, Sec. 4 of No. 48 of the Acts of 1993 and Sec. 20 of No. 186 of the Acts of 1996 (sunset of 3 V.S.A. § 2805, environmental permit fund) are repealed.

Sec. 39a. 10 V.S.A. § 1954(c), (d) and (e) are added to read:

(c) When a single family residence is used for both residential and commercial purposes, and the commercial purposes do not entail the substantial presence of nonresidential employees or regular visits by the public and do not result in an increase in design flow or potable water supply demands, a permit shall not be required on the basis of this activity constituting a change of use.

(d) When a single family residence is used for both residential and commercial purposes, and the commercial purposes entail the substantial presence of nonresidential employees or regular visits by the public, but do not result in an increase in design flow or potable water supply demands, a permit shall not be required on the basis of this activity constituting a change of use, provided that:

(1) the owner of residence tests the water supply for bacteria, lead, nitrate, sodium and arsenic and notifies the secretary of compliance with the drinking water standards adopted by the secretary;

(2) the owner of the residence certifies to the secretary that the wastewater system is not a failed system;

(3) the certification is accompanied by a fee of $20.00; and

(4) there has been no change to the residence, lot, potable water supply or wastewater system in a manner so that the permitting requirements of section 1953 of this title are triggered.

(e)(1) For purposes of subsection (c) and (d) of this section, "failed system" means awastewater system that is functioning in a manner:

(A) that allows wastewater to be exposed to the open air, pool on the surface of the ground, discharge directly to surface water, or back up into a building or structure, unless in any of these instances the approved design of the system specifically requires the system to function in such a manner; or

(B) so that a potable water supply is contaminated or rendered not potable; or

(C) that presents a threat to human health.

(2) A system shall not be a failed system if these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a structure to the septic tank.

* * * Department of Fish and Wildlife * * *

Sec. 40. 10 V.S.A. § 4047(d) is amended to read:

(d) Receipts from tuition *[as prescribed by rule]* charged for attendance at Green Mountain conservation camps shall be deposited in the fish and wildlife fund. The tuition shall be $100.00.

Sec. 41. 10 V.S.A. § 4049(a)(1) is amended to read:

(1) Receipts from sales of any lifetime licenses created pursuant to section *[4255(g)]* 4279(f) of this title.

Sec. 41a. [Deleted.]

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 hunt or 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]* resident entering the lottery shall submit a nonrefundable fee of $10.00 and each nonresident entering the lottery shall submit a nonrefundable fee of $25.00 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 is amended to read:

§ 4255. LICENSE FEES

(a) Vermont residents may apply for licenses on forms provided by the commissioner. Fees for each license shall be:

(1) Fishing license *[$ 18.00]* $20.00

(2) Hunting license *[$ 12.00]* $14.00

(3) Combination hunting and fishing license $26.00

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

(A) archery license *[ $ 10.00]* $15.00

(B) muzzle loader license *[ $ 10.00]* $15.00

(C) turkey license *[ $ 10.00]* $15.00

(D) second muzzle loader license*[ $ 10.00]* $15.00

(E) second archery license*[ $ 10.00]* $15.00

(5) Trapping license $ 20.00

(6) Hunting license for persons under

*[eighteen]* 18 years of age $ 8.00

(7) Trapping license for persons under

*[sixteen]* 18 years of age $ 10.00

(8) Fishing license for persons aged 15

through 17 $ 8.00

(9) Sporting license $100.00

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

(1) Fishing license $ 38.00

(2) One-day fishing license *[ $ 7.00]* $11.00

(3) *[Five-day fishing license]* *[ $ 20.00]*

(4) Hunting license $ 80.00

(5) Combination hunting and fishing license $100.00

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

(A) archery license *[ $ 15.00]* $20.00

(B) muzzle loader license *[ $ 15.00]* $20.00

(C) turkey license *[ $ 15.00]* $20.00

(D) second muzzle loader license *[ $ 15.00]* $20.00

(E) second archery license *[ $ 15.00]* $20.00

(7) Small game licenses

(A) all season $ 35.00

(B) f*[ive-day]* *[ $ 20.00]*

(8) Trapping license $300.00

(9) Hunting licenses for persons

under *[eighteen]* 18 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

(13) Fishing license for persons aged 15

through 17 $ 15.00

(14) Sporting license $200.00

* * * [Text Not Reproduced] * * *

(i)(1) The fee for a permit to trap hare and rabbits shall be $20.00.

(2) The fee for a permit to transport minnows or bait fish shall be $50.00.

Sec. 44. 10 V.S.A. § 4605(b) is amended to read:

(b) A person shall not bring into the state for the purpose of planting or introducing, or to plant or introduce, into any of the inland or outlying waters of the state any live fish or the live spawn thereof, unless, upon application in writing therefor, the person obtains from the commissioner a permit so to do. Applicants shall pay a permit fee of $50.00. The commissioner or *[his]* duly authorized agents, shall make such investigation and inspection of the fish as they may deem necessary and then the importation permit may be granted pursuant to regulations which the board shall prescribe. The commissioner or *[his]*duly authorized agents shall make a determination on the permit within 10 days of receiving the application. The department may dispose of unlawfully imported fish as it may judge best, and the state may collect damages from the violator of this subsection for all expenses incurred.

Sec. 45. 10 V.S.A. § 4709(c) is added to read:

(c) Applicants shall pay a permit fee of $50.00.

Sec. 46. 10 V.S.A. § 4711 is amended to read:

§ 4711. CROSSBOW HUNTING; PERMIT

A person who is impaired to the degree that he or she cannot operate a standard bow may obtain a permit to take game with a crossbow. The permit fees shall be $25.00 for a permanent permit and $5.00 for a temporary permit. A person applying for this permit must personally appear before the commissioner of fish and wildlife, or his or her designee, with certification from a licensed physician that he or she is so disabled. The commissioner may obtain a second medical opinion to verify the disability. Upon satisfactory proof of the disability, the commissioner may issue a permit under this section. The permit shall set forth whether it was issued because of an inability to use a standard bow, and be attached to the license. The holder of the permit shall carry it at all times while hunting, and produce it on demand for inspection by any game warden or other law enforcement officer authorized to make arrests.

Sec. 47. 10 V.S.A. § 4712 is amended to read:

§ 4712. TRACKING OF INJURED WILDLIFE

(a) The commissioner may *[certificate]* certify an individual to use a dog on a leash to track injured wild animals. The certificate shall be valid for five years from date of issuance. The commissioner shall establish the following by rule:

(1) Procedures for issuing a certificate under this section.

(2) Qualifications required for certification under this section.

(b) Fees to be charged to a person applying for certification under this section shall be:

(1) Application fee $ 25.00

(2) Initial certification - resident $100.00

(3) Initial certification - nonresident $200.00

(4) Renewal - resident $125.00

(5) Renewal - nonresident $225.00

Sec. 48. 10 V.S.A. § 5002 is amended to read:

§ 5002. HUNTING DOGS; FIELD TRIALS; FEE

The commissioner may issue permits to organized groups to hold field trials for hunting dogs. Persons seeking a permit shall submit an application to the commissioner as prescribed by the commissioner, and shall pay a fee of *[$15.00]* $50.00.

Sec. 49. 10 V.S.A. § 5004 is amended to read:

§ 5004. RETRIEVER FIELD TRIALS; FEE

The commissioner may issue permits which shall authorize a holder or authorized designee to take all of the birds released by the holder of the permit or *[his]* designee on the day the trial is in progress. Persons seeking a permit shall submit an application to the commissioner as prescribed by the commissioner, and shall pay a fee of *[$15.00]* $50.00.

Sec. 50. 10 V.S.A. § 5007 is amended to read:

§ 5007. HUNTING BLACK BEAR WITH DOGS

(a) No person shall pursue black bear with the aid of dogs, either for training or taking purposes, without a permit issued by the commissioner. The number of permits issued to nonresidents in any given year shall not exceed ten percent of the number of permits issued to residents in the preceding year. The commissioner shall establish a process for determining which nonresidents are to receive a permit if there are more nonresident applicants than nonresident permits. A nonresident may train dogs to hunt bear only while training season is in effect in the nonresident's home state and subject to the laws and regulations of this state.

(b) Permits will be issued to residents for a fee of $50.00.

(c) Application fees for nonresidents shall be $10.00 with a permit fee of $200.00 for successful applicants.

Sec. 51. 10 V.S.A. § 5215(b) is amended to read:

(b) *[The]* Upon receipt of a fee of $50.00, the commissioner may issue a permit to a person, organization or group for the purpose of rehabilitating sick or injured wild animals. For the purposes of this subsection, rehabilitation means treating the sick or injured wild animal back to a sufficient state of health so that the animal may be returned to the wild. The commissioner shall *[promulgate]* adopt rules to implement this subsection.

Sec. 52. 10 V.S.A. § 5217 is amended to read:

§ 5217. PERMITS TO OPERATE REGULATED SHOOTING GROUND

Sec. 53. 27 V.S.A. § 1226(d) is amended to read:

(d) The state treasurer may, by a public sale, dispose of all property which is in the possession of the state police or the department of fish and wildlife, and which, in the judgment of the *[commissioner]* commissioners of public safety*[,]* or fish and wildlife is no longer necessary to a criminal proceeding. For the purposes of this section "property" refers to lost property and to property which came into the possession of the state police or department of fish and wildlife in the course of a criminal investigation and in respect to which the owner is unknown. No personal liability shall attach to any actions of the state treasurer or the *[commissioner]* commissioners of public safety or fish and wildlife taken in accordance with such sales. Whenever property in the possession of the department of fish and wildlife is sold pursuant to this subsection, the proceeds shall be deposited in the fish and wildlife fund.

Sec. 53a. 10 V.S.A. § 4081(g) is amended to read:

(g) If the board finds that an antlerless season is necessary to maintain the health and size of the herd, the department shall administer an antlerless deer program. Any open season on antlerless deer shall be held following the regular deer season held pursuant tosection 4741 of this title. Annually, the board shall determine how many antlerless permits to issue in each deer management district. For a nonrefundable fee of $10.00 for residents and *[$15.00]* $25.00 for nonresidents a person may apply for a permit. Each person may submit an unlimited number of applications. No person shall be issued more than one permit. The department shall allocate the permits in the following manner:

* * *

Sec. 53b. REPORT ON FISH AND WILDLIFE FEES

(a) The commissioner of fish and wildlife shall report to the general assembly on or before January 15, 1999 with his or her recommendations for setting department fees to reflect the department's reasonable costs of operation, while taking into consideration the following issues:

(1) price and income sensitivity for individuals who pay such fees;

(2) the fiduciary and record keeping responsibilities required of agents who issue licenses under 10 V.S.A. § 4254(e) relative to the benefit of the retained fee and business value of offering licenses for sale; and

(3) possible ways to streamline the record keeping required of agents.

(b) In making this report, the commissioner shall consider input from agents who currently issue licenses, including town officials, and owners of general stores and stores that sell sporting goods.

* * * Department of Aging and Disabilities * * *

Sec. 54. 33 V.S.A. § 7105 is amended to read:

§ 7105. LICENSE REQUIREMENTS

(a) Upon receipt of an application for license *[and the license fee]*, the licensing agency shall issue a full license when it has determined that the applicant and facilities meet the standards established by the licensing agency. Licenses issued hereunder shall expire one year after date of issuance, or upon such uniform dates annually as the licensing agency may prescribe by regulation. Licenses shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.

(b) In its discretion the licensing agency may issue a temporary license permitting operation of a nursing home, assisted living residence, therapeutic community residence or maternity home for such period or periods and subject to such conditions as the licensing agency deems proper, but in no case shall a nursing home, assisted living residence, therapeutic community residence or maternity home operate under a temporary license or renewal thereof for a period exceeding thirty-six months.

(c) *[Each application for a temporary license shall be accompanied by a license fee as provided under section 7104 of this title.]*

(d) In its discretion the licensing agency may issue a temporary license permitting operation of a residential care home for such period or periods and subject to such conditions as the licensing agency deems proper, but in no case shall a residential care home operate under a temporary license or renewal thereof for a period exceeding thirty-six months.

* * * Department of Health * * *

Sec. 55. 18 V.S.A. § 104(g), (h) and (i) are added to read:

(g) The commissioner may enter into contracts to provide services, provided the department is not otherwise required to provide such services and provision of such services does not interfere with the department's statutory purposes and programs. The department may charge for services provided under this subsection. Charges collected under this subsection shall be credited to separate special funds for each type of contractual service, and shall be available to the department to offset the costs of each type of service.

(h) The commissioner may bill a third party insurer for services provided by the department to persons covered by such insurance. Charges collected under this subsection shall be credited to a special fund and shall be available to the department to offset the cost of such services.

(i) The commissioner may accept and retain any product rebates received for items purchased in support of departmental programs. Charges collected under this subsection shall be credited to separate special funds and shall be available to the department to offsetthe cost of such programs.

Sec. 56. 18 V.S.A. § 501b(d) and (e) are added to read:

(d) Laboratory certification and approval Annual fee shall be:

Drug laboratory approval $500.00

Drug laboratory alternate approval $300.00

Drug laboratory approval renewal $300.00

HIV laboratory approval $300.00

HIV laboratory alternate approval $100.00

HIV laboratory approval renewal $100.00

HIV laboratory (insurance) approval $500.00

HIV laboratory (insurance) alternate approval $300.00

HIV laboratory (insurance) approval renewal $300.00 Safe Drinking Water Act (SDWA) laboratory

certification

Bacteriology $500.00

Inorganic chemistry $500.00

Organic chemistry (volatile organic $500.00

compounds/pesticides)

Radiological chemistry $500.00

Laboratory site visits Not to exceed cost

Drinking Water Laboratory registration $100.00

(non-Vermont laboratories)

Clinical laboratory registration fee $ 25.00

(e) Fees collected under this section shall be credited to a special fund and shall be available to the department to offset the costs of providing these services.

Sec. 57. HEALTH DEPARTMENT LABORATORY FEES

(a) On or before January 15, 1999, the commissioner of health shall submit, to the general assembly for review and approval, a projected schedule of fees for health department laboratory services to be established for FY 2000 pursuant to subsection503(c) of Title 18. This submission shall also include a proposal defining discretion to be granted the commissioner for changing fee amounts or adding new fees to respond to new laboratory testing requirements or improvements.

(b) The house committee on ways and means shall review the submissions required by subsection (a) of this section.

(c) Fees collected under subsection 503(c) of Title 18 shall be credited to a special fund and shall be available to the department to offset the cost of providing the services.

Sec. 58. 18 V.S.A. § 1334 is amended to read:

§ 1334. APPLICATION FEES

(a) The commissioner shall require the payment of *[reasonable]* certification and permit fees at the time of application. The commissioner shall not process an application for which fees have not been paid. *[Fees shall be established by rule.]* No person shall perform asbestos abatement without obtaining certification and a permit from the commissioner.

(b) Certification and permit fees shall be:

(1) Certification fees

(A) Entities $500.00 Initial

$ 50.00 Additional

(B) Consultants $150.00 Initial

$125.00 Additional

(C) Analysts $ 50.00

(D) Workers $ 50.00

(E) Supervisors $100.00

(F) Training courses - two-year period

Initial $400.00

Refresher $250.00

(2) Permit fees

(A) more than 10 square feet

through 100 square feet $ 50.00

(B) more than 10 linear feet

through 100 linear feet $ 50.00

(C) more than 100 square feet

through 1,000 square feet $100.00

(D) more than 100 linear feet

through 1,000 linear feet $100.00

(E) more than 1,000 square feet $200.00

(F) more than 1,000 linear feet $200.00

(c) Fees collected under this section shall be credited to a special fund and shall be available to the department to offset the costs of providing these services.

Sec. 59. 18 V.S.A. § 1753(a) and (c) are amended to read:

(a) The commissioner shall assess fees for accrediting training programs and for certifications, licenses, and license renewals issued in accordance with this chapter. *[Fees shall be reasonably related to the cost of operating the program.]* Fees shall not be imposed on any state or local government or nonprofit training program and may be waived for the purpose of training state employees.

(c) Fees imposed by this section shall be deposited into the lead paint abatement accreditation and licensing special fund. Monies in the fund may be used by the commissioner only to support departmental accreditation, certification, and licensing activities related to this chapter. The fund shall be subject to the provisions of subchapter 5 of chapter 7 of Title 32 and shall cease to exist on *[July 1, 1998, at which time any remaining balances in such fund shall be transferred and deposited into the general fund]* July 1, 1999.

Sec. 60. 18 V.S.A. § 4353 is amended to read:

§ 4353. FEES

(a) The following fees shall be paid annually to the board at the time of making the application according to the following schedules:

* * * [Text Not Reproduced] * * *

(b) The commissioner of the department of health will be the final authority on definition of categories contained herein.

(c) All fees received by the board under this section shall be *[paid monthly into the state treasury]* credited to a special fund and shall be available to the department to offset the cost of providing the services.

Sec. 61. 18 V.S.A. § 4446 is amended to read:

§ 4446. FEE

(a) A person owning or conducting a bakery as specified in sections 4441 and 4444 of this title shall pay to the board a fee for each certificate and renewal thereof in accordance with the following schedule:

* * * [Text Not Reproduced] * * *

(b) The commissioner of the department of health will be the final authority on definition of categories contained herein.

(c) All fees received by the board under this section shall be *[paid monthly into the state treasury]* credited to a special fund and shall be available to the department to offset the cost of providing the services.

Sec. 62. 18 V.S.A. § 4463(b) is amended to read:

(b) The fee for a salvage food facility license shall be $50.00. The license shall be effective for one year and may be renewed on payment of the license fee and approval of the department. Fees collected under this subsection shall be credited to a special fund and shall be available to the department to offset the cost of providing the services.

Sec. 63. 23 V.S.A. § 1209a(e) and (f) are added to read:

(e) Therapy program. A therapy program required under this section may include without limitation outpatient therapy, intensive outpatient therapy and residential therapy. In the event that the individual and the driver rehabilitation program director cannot agree on the type of therapy required, the district court shall make that determination.

(f) Fees. The department of health's drinking driver rehabilitation program shall assess fees for the alcohol and driving education program and the alcohol assessment screening required by subdivision (a)(1)(A) of this section. The fee for the alcohol and driving education program shall not exceed $180.00. The fee for the alcohol assessment screening shall not exceed $150.00. In the case of a more intensive or weekend residentialprogram combining both the alcohol and driving education program and the alcohol assessment screening, the total charge shall not exceed $500.00. Charges collected under this section shall be credited to separate special funds for each type of service and shall be available to the department of health to offset the cost of operating the drinking driver rehabilitation program.

* * * Probate Court * * *

Sec. 64. 18 V.S.A. § 5075 is amended to read:

§ 5075. ISSUANCE OF NEW OR CORRECTED BIRTH CERTIFICATE BY

PROBATE COURT--APPLICATION

(a) After six months from the date of birth, the birth certificate of a person born in this state may be amended only by the decree of the probate court of the district in which such birth occurred. A petition for such amendment may be brought by the person *[himself, his]* , the person's parent or guardian, the hospital in which the birth occurred, or the certifying attendant, or custodian setting forth the reason for such petition and the correction or amendment desired. A person born in this state for whom no certificate of birth was filed during the first year following birth or his or her parent or guardian, may petition the probate court of the district in which such person was born to determine the facts with respect to this birth and to order the issuance of a delayed certificate of birth.

(b) Birth certificates issued under this section for minor errors as defined in subsection (a) of section 5073 of this title shall be corrected without payment of a fee.

* * * Employment and Training * * *

Sec. 65. 21 V.S.A. § 1205 is added to read:

§ 1205. CONTRACTUAL SPECIAL SERVICES

The commissioner of employment and training may enter into agreements to provide customized or special services that are beyond basic services required by federal statute, provided that such services do not interfere with the department's statutory purposes and programs. The department may charge for services provided under this section. Charges collected under this section shall be credited to separate special funds for each type of service agreement, and shall be available to the department to offset the costs of each typeof service.

Sec. 66. EMPLOYMENT AND TRAINING REPORT

The commissioner of employment and training will report to the general assembly on January 15, 2000 on the extent and type of contracting carried out under the authority of 21 V.S.A. § 1205.

Sec. 66a. 32 V.S.A. § 1671(c) is amended to read:

(c)(1) The legislative body may establish a surcharge of up to $1.00 per page to be added to the recording fees established under subdivisions (a)(1) and (6) of this section. Moneys collected under this subsection shall be used solely for restoration, preservation and conservation of municipal records.

(2) As a pilot project, the legislative body of the town of Bennington may establish, after providing notice and opportunity to be heard, an alternate use of the $1.00 surcharge authorized under subdivision (1) of this subsection. The secretary of state shall determine the condition of municipal records and the effectiveness of the $1.00 surcharge authorized under subdivision (1) of this subsection as a means of ensuring that records are being adequately preserved and restored. The secretary shall report his or her findings and recommendations to the house committee on local government and the senate committee on government operations no later than January 15, 1999.

Sec. 66b. DEPARTMENT OF SOCIAL WELFARE ANTI-FRAUD PILOT PROGRAM

The department of social welfare's anti-fraud pilot program in Bennington and Windham counties shall continue until and terminate on July 1, 2000. A report on such program shall be filed with the general assembly on or before January 1, 2000.

Sec. 66c. 32 V.S.A. § 583 is added to read:

§ 583. CREDIT CARD PAYMENTS

A state agency that has authority to accept payment of fees, penalties, fines, charges, surcharges or any other amounts due the state by a credit card, debit card, charge card, prepaid card or stored value card shall not charge or collect any additional amounts for using such card to make the payment unless such charge is specifically authorized by statute.

Sec. 66d. 4 V.S.A. chapter 17, subchapter 4 is added to read:

Subchapter 4. Payment by Credit Card

§ 741. PAYMENT BY CREDIT CARD

(a) The clerks of the Essex, Chittenden and Washington district, environmental, family, superior and supreme courts, the register of Essex, Chittenden and Washington probate court and the traffic and municipal ordinance bureau may accept payment of court costs, fees, penalties, fines and surcharges by a credit card, debit card, charge card, prepaid card or stored value card. The court administrator may contract with bank credit card companies or other companies to provide for the use of such card accounts as a method of payment and shall pay such bank or other company an agreed upon fee or percentage of the amounts collected and remitted to the court or bureau. The person making the payment shall not be responsible for any bank or company fee or charge for using any card.

(b) If any such card draft is not paid by the bank or other company or is charged back to the court or bureau, any record of payment made by the court or bureau honoring the card shall be void. The obligation of the person to pay the court costs, fee, penalty, surcharge or fine shall continue as an outstanding obligation as if no payment had been made.

(c) Card account numbers, while in the possession of the court or bureau, are confidential.

Sec. 66e. 2 V.S.A. § 263(c), (h) and (j) are amended to read:

(c) A registration statement filed by a lobbyist shall be signed by the lobbyist and shall contain the following information:

* * *

(5) A current passport-type photograph of the lobbyist.

(6) All subject areas for which lobbying is performed.

(h) A person who*[, without good cause,]* fails to file on time a statement required by this section shall pay a late registration fee of $25.00 plus *[$5.00]* $10.00 for each day the statement is late, not to exceed $175.00.

(j) The secretary of state shall prepare a list of names and addresses of lobbyists and their employers and the list shall be published at the end of the second legislative week of each regular or adjourned session. Supplemental lists shall be published monthly during the remainder of the legislative session. No later than March 15 of the first year of each legislative biennium, the secretary of state shall publish no fewer than 500 booklets containing an alphabetical listing of all registered lobbyists, including, at a minimum, a current passport-type photograph of the lobbyist, the lobbyist's business address, telephone and fax numbers, a list of the lobbyist's clients and a subject matter index.

Sec. 66f. 2 V.S.A. § 264(h) and (f) are amended to read:

(h) A person who*[, without good cause,]* fails to file a disclosure report on

time shall pay a late reporting fee of $25.00 plus *[$5.00]* $10.00 for each day the disclosure report is late, not to exceed $175.00.

(f) *[At the same time a disclosure report is filed with the secretary, the employer or lobbyist shall file a copy of the report with the legislative council.]* Within 15 days after the date disclosure reports are to be filed under this section, the secretary shall file a compilation of the disclosure reports with the legislative council. Compilations of disclosure reports received during the legislative session shall be published in the calendars of the house and senate.

Sec. 66g. 31 V.S.A. § 658(b) is amended to read:

(b) Expenditures for administrative and overhead expenses of the operation of the lottery, except agent and bank commissions, shall be paid from lottery receipts from an appropriation authorized for that purpose. Agency commissions may not exceed *[5]* 5.75 percent of gross receipts and bank commissions may not exceed 1 percent of gross receipts.

Sec. 66h. TRANSFER OF LOTTERY GROSS RECEIPTS TO THE EDUCATION

FUND

No less than $24,700,000.00 shall be transferred from the state lottery fund to the education fund, created under Act No. 60 of 1997, in fiscal year 1999.

Sec. 66i. 23 V.S.A. § 1224 is added to read:

§ 1224. INSPECTION CERTIFICATES

For each inspection certificate issued by the department, the designated station shall pay the commissioner the fee required under section 1230 of this title. All unused inspection certificates and number tabs shall be returned to the department within two months of the certificate's expiration date. A designated inspection station shall receive a refund for each unused certificate returned during the two-month period. If the station's designation is revoked or suspended under section 1228 of this title, the station shall return all unused certificates to the department and shall not receive a refund.

Sec. 66j. 23 V.S.A. § 1227 is added to read:

§ 1227. CERTIFIED INSPECTION MECHANICS

(a) Periodic inspections may be performed only by mechanics who have been certified by the commissioner; provided that an uncertified person employed as an inspection mechanic may perform inspections during the first 30 days that he or she is employed by the inspection station.

(b) A person who applies for certification under this section shall complete an application form prescribed by the commissioner, shall be at least 18 years of age, and shall pass an examination based on the official inspection manual for each type of vehicle to be inspected.

(c) Applicants for certification under this section shall be examined on the inspection requirements for each type of vehicle to be inspected. Upon satisfactory completion of the examination, the commissioner shall issue a certification which shall remain in effect until surrendered, suspended or revoked. Inspection mechanics certified by their employer as competent to perform inspections and who were continuously employed by one or more designated inspection stations for a period of at least one year at any time prior to July 1, 1998 shall not be required to take the examination.

Sec. 66k. 23 V.S.A. § 1228 is added to read:

§ 1228. MECHANIC CERTIFICATION; INSPECTION DESIGNATION;

REVOCATION

Any certification for mechanic or designation as an inspection station may be revoked or suspended for cause as described in the official inspection manuals.

Sec. 66l. 23 V.S.A. § 1229 is added to read:

§ 1229. RULES

The commissioner may adopt rules necessary to implement the provisions of sections 1222, 1224, 1227 and 1228 of this title, relating to inspections and certification of inspection mechanics.

Sec. 66m. 23 V.S.A. § 1230 is added to read:

§ 1230. FEES

For each inspection certificate issued by the department of motor vehicles, the commissioner shall be paid $0.50; provided that state and municipal inspection stations that inspect only state or municipally owned and registered vehicles shall not be required to pay a fee.

Sec. 66n. 23 V.S.A. § 1231 is added to read:

§ 1231. ADMINISTRATIVE PENALTIES

(a) The commissioner may impose an administrative penalty of not more than $500.00 for each violation against a designated inspection station or a certified inspection mechanic who violates the laws relating to the performance of periodic motor vehicle inspections or the official inspection manuals.

(b) Each violation is a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed a separate and distinct offense. In no event shall the maximum amount imposed for a continuing offense exceed $1,000.00.

(c) The commissioner shall adopt rules establishing categories of violations for which administrative penalties are to be imposed under this section. Categories shall be based on the severity of the violation involved. Penalties assessed for each determination of violation of the inspection rules shall not exceed the following amounts per category:

(1) Category 1. Violation of state law relative to inspection - $500.00.

(2) Category 2. Violation of inspection rule (fraud related) - $300.00.

(3) Category 3. Violation of inspection rule (improper action) - $250.00.

(4) Category 4. Violation of inspection rule (records/equipment) - $100.00.

(5) Category 5. Violation of inspection rule (documentation) - $50.00.

(d) The alleged violator shall be given notice and opportunity for a hearing. Service of the notice shall be sufficient if sent by first class mail to the station's address or the most recent address provided by the mechanic. The notice shall include the following:

(1) A factual description of the alleged violation.

(2) A reference to the particular statute allegedly violated.

(3) The amount of the proposed administrative penalty.

(4) A warning that the person will be deemed to have waived his or her right to a hearing, that the penalty will be imposed if no hearing is requested within 15 days from date of notice and that failure to pay a penalty may result in suspension of his or her license.

(e) A person who receives notice under subsection (d) of this section shall be deemed to have waived the right to a hearing unless, within 15 days from date of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the commissioner shall issue a final order finding the person in default and imposing the penalty.

(f) The provisions of sections 105, 106 and 107 of this title shall apply to hearings conducted under this section.

(g) The commissioner may collect an unpaid administrative penalty by filing a civil action in superior court, or through any other means available to state agencies.

(h) If a penalty is not paid within 60 days after it is imposed, the commissioner may suspend any license, certificate, registration or permit issued under this subchapter.

(i) The remedies authorized by this section shall be in addition to any other civil or criminal remedies provided by law for violation of this subchapter.

(j) Penalties assessed under this section shall be deposited in the transportation fund.

Sec. 66o. REPORT

The commissioner of motor vehicles shall review penalties assessed under this act and, on or before March 15, 1999, shall report to the house and senate committees on transportation. The commissioner's report shall be in writing and shall include, at a minimum, an assessment of the impact of administrative penalties on compliance with motor vehicle inspection laws, the official inspection manuals and the number and categories of administrative penalties assessed since July 1, 1998.

Sec. 66p. RULEMAKING

After enactment but prior to July 1, 1998, the commissioner may commence the rulemaking process authorized by this act; provided that final proposed rules shall not be filed with the legislative committee on administrative rules prior to July 1, 1998.

Sec. 66q. EFFECTIVE DATES

This section and Sec. 66p (rulemaking) shall take effect from passage. Sec. 66k (Mechanic Certification), Sec. 66l (Rules authority), and Sec. 66o (report) shall take effect July 1, 1998. Sec. 66i (Inspection Certificates) and Sec. 66m (Fees) shall take effect September 1, 1998. Sec. 66j (Certified Inspection Mechanics) and Sec. 66n (Administrative penalties) shall take effect January 1, 1999.

Sec. 67. EFFECTIVE DATES

This act shall take effect as follows:

(1) This section and the following sections shall take effect upon passage: Secs. 6, 7, and 8 (licensing fees for secretary of state's office), Sec. 9 (repeal of reductions in gross receipts tax and public service board salaries), Sec. 11 (repeal of sunset of universal service charge), Sec. 18 (medical practice board and probation supervisory fees sunset extensions), Sec. 19 (repeal of DUI surcharge sunset), Sec. 39 (repeal of certain environmental conservation sunset provisions), Sec. 55 (health department contracts, charges and rebates) and Sec. 59 (lead paint abatement sunset).

(2) Secs. 60, 61 and 62 (special funds) shall take effect on July 1, 1999.

(3) Secs. 40 through 52 and 53a (fish and wildlife fees) shall take effect on January 1, 1999.

(4) The remaining sections shall take effect on July 1, 1998.

Approved: April 29, 1998