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ACT NO. 65

(H.496)

Executive Fees

This act adjusts executive branch fees as follows:

* * *Department of Labor and Industry* * *

Sec. 1. The legislature is required to set the workers’ compensation insurance premium rate each year. This section sets the rate, with no change from last year’s rate.

Secs. 2, 3. These sections raise additional funds for the Fire Prevention Special Fund, under 21 V.S.A. § 258(a). The fund is projected to end FY02 with a deficit. These fees were last increased in 1990.

Sec. 2 increases the fees for electrical work notices, inspection and certificates of completion.

Sec. 3 increases the fees for electrical licenses, and adds a fee for replacement of a lost or damaged license.

* * *Criminal Justice Training Council and Victims’ Compensation* * *

Secs. 4, 5. Increases the extra assessment on civil and criminal fines to $20.50, of which $5.00 goes to the general fund, $13.50 goes to the Victims’ Compensation Fund, and $2.00 goes to the Criminal Justice Training Council Fund to be used only for training.

(Sec. 4 also makes a technical correction to date references.)

* * *Department of Health* * *

Sec. 6. Removes the sunset of the lead paint abatement special fund. The fund receives fees for certification of lead paint abatement activities.

Sec. 7. Increases license fees for restaurants, lodging, and food processors. Fees were last increased in 1995. Secs. 7a and 7b phase in the increase to the license fee for commercial caterers.

Sec. 8. Increases bakery license fees. Fees were last increased in 1995.

Sec. 9. Increases license fee for salvage food facility. The fee was last increased in 1995 to $65.00 (statutory reference was never updated).

* * *Department of Corrections* * *

Sec. 10. The Department of Corrections has the authority to contract with private collection agencies to collect probation supervisory fees. This section officially authorizes the department to pay the collection agency’s charge from the gross fees it collects, on a pro rata basis.

Sec. 11. [Deleted]

* * *Department of Education* * *

Sec. 12. This section increases teachers’ licensing fees, and adds a fee for peer review. Teachers’ licensing fees were last increased in 1992.

Peer review was being done by Lyndon State College, at a fee of $800.00. The program was running at a loss. The Department of Education will now provide the service, at a fee of $1,200, payable directly to the State.

This section also deletes an unnecessary reference to 32 V.S.A. § 603(2) (the general statutory provision that allows the general assembly and the joint fiscal committee to adjust fees from time to time).

* * *Health Care Trust Fund* * *

Sec. 13. This section increases the provider assessment for hospitals from 3.3 percent of net patient revenues to 3.6 percent, beginning July 1, 2001; and expands the sources of information available to the commissioner for determining the net patient revenues. The current assessment rate was set for FY98.

Sec. 14. Increases the provider assessment for nursing homes from $1,534.25 per bed to $2,768.69, beginning July 1, 2001. The current assessment rate was set for FY00.

Sec. 15. Increases the provider assessment for home health agencies from 7.3375 percent of net operating revenues to 12.9 percent, beginning July 1, 2001. Provides for more updated information available to the commissioner for determining the assessment. The current assessment rate was set for FY00.

Sec. 16. Conforming changes to Sec. 15. Also, increases revenue to nursing homes for wages and benefits. Allows the health care trust fund to be used for the Department of Aging and Disabilities.

Secs. 17, 18. Extends the sunset on the provider assessments for hospitals, nursing homes and home health agencies from July 1, 2001 to July 1, 2003.

* * *Department of Fish and Wildlife* * *

Sec. 19. Increases the amount of the hunting and fishing license fees which may be retained by the issuing agent, from $1.00 to $1.50.

Sec. 20. Increases sport license fees. Many of these fees were last increased in 1999.

Sec. 21. Codifies the fee for taking a remedial hunting, trapping and angling course. The language put into statute here is identical to session law in Act 91, Sec. 2, 1996.

* * * Department of Environmental Conservation* * *

Sec. 22. Environmental Permit Fund: conforms changes to section references, and increases the end-of-year balance that may be retained.

Sec. 23. Repeals a list of environmental permits, which are redundant with subsection (j).

Sec. 24. Amends permit and other environmental fees.

Sec. 25. Transition provision for solid waste facility certification fees.

Sec. 26. The Department of Motor Vehicles does not charge any collection expenses against proceeds of the emission fee, and, therefore, the entire emission fee is deposited in the environmental permit fund. (Section 11 of Title 19 otherwise specifies that all revenue collected by the Commissioner of Motor Vehicles is deposited into the Transportation Fund.)

Sec. 27. Extension of air pollution control fee sunset: from June 30, 2001 to June 30, 2004. These fees have repeatedly been made subject to sunset from July 1, 1996 onward.

Sec. 28. Requires well driller licensing fee be paid annually.

Sec. 29. Allows a single license to be issued to a well driller for more than one regulated activity.

Sec. 30. [Deleted]

Sec. 31. Enabling authority for new annual registration by hazardous waste generators. Includes reference to new annual registration fee.

Sec. 32. Removes June 30, 2001 sunset on motorboat registration fee increases and special fund. The fee increases and special fund have repeatedly been made subject to sunset from June 30, 1997 onward.

Sec. 32a. Requires the Commissioner of Fish and Wildlife to review sources of department funding, and to recommend to the legislature possible new sources (fees, government grants, dedicated state tax revenue).

Sec. 32b. Prior law allowed licensed manufacturers or rectifiers to sell directly to restaurants and retailers (first and second class licensees) up to 2,000 gallons of vinous beverages manufactured in Vermont. To do so, the manufacturer or rectifier had to pay an annual fee of $200. This section reduces the fee from $200 to $50.

Sec. 32c. Increases the town clerk’s fee for marriage or civil union license, from $20.00 to $23.00, and increases the amount which the clerk may retain, from $5.00 to $8.00.

Sec. 32d. Requires Joint Fiscal Office and Legislative Council (with assistance from Finance and Management) to develop a summary form, to be submitted for each fee

proposal in the annual fee request from the Administration. The summaries must also be available in electronic form.

Effective Date: July 1, 2001; except Sec. 7a (commercial caterers) which takes effect July 1, 2002, Sec. 7b (commercial caterers revision) which takes effect July 1, 2003, Sec. 10 (corrections liabilities) which takes effect July 1, 2001, and Sec. 19 and 20 (hunting and fishing) which take effect January 1, 2002