NO. 72.  AN ACT RELATING TO EXECUTIVE BRANCH FEES.

(H.130)

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

* * * Department of Banking, Insurance, Securities,

and Health Care Administration * * * 

Sec. 1.  8 V.S.A. § 19(a) and (d) are amended to read:

(a)  The commissioner shall charge each financial institution or financial institution applicant for department services rendered.  Charges for department services shall be billed as follows:

(1)  New financial institution application or new independent trust company application, $5,000.00;

(2)  Interim reorganization application, $1,000.00 $2,000.00;

(3)  Merger, change in control, or other reorganization, share exchange, consolidation, or acquisition, $1,000.00 $2,000.00;

(4)  Conversion of a charter, $2,000.00 $2,500.00;

(5)  Establishment of a branch in the state, $500.00;

(6)  Establishment of a remote service unit, $250.00.  Where more than one remote service unit performing identical services on single premises are petitioned at the same time, the total charge shall be $250.00.  This fee shall not apply if the remote service unit is placed at an existing branch;

(7)  Relocation of main office, branch, or remote service unit, $150.00 $250.00;

(8)  For trust powers subsequent to the granting of the authority as financial institution, $500.00 $2,000.00;

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(10)  Sale, lease, or exchange of all an institution's assets, $1,500.00 $5,000.00;

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(15)  Establishment of a loan production office or engaging in loan production activity in the state, $750.00;

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(18)  Certificate (Good Standing), $50.00 $100.00;

(19)  Establish a development credit corporation, $100.00 $1,000.00;

(20)  Permission to use “bank” in name, $100.00;

(21)  Letter of non-objection, $250.00, plus expenses;

(22)  Increase or reduction in permanent capital, $250.00;

(23)  New credit union application, new credit union service organization application, or new corporate credit union application, $2,500.00;

(24)  Extension of a certificate of general good or extension of a certificate of approval, $50.00;

(25)  Contract with another financial institution as agent, $500.00;

(26)  Any other corporate organizational changes not covered above, $250.00 plus expenses.  No petition or application shall be considered by the commissioner until payment for the enumerated charge has been received.

(d)  Semiannually on or before February 15 and August 15, the commissioner shall apportion the expenses allowed under the title "department of banking" in the annual appropriation bill among the several financial institutions directly regulated under this title, including the operations in Vermont of any such entity organized in another jurisdiction and credit unions, after first deducting all monies received by the banking division.  The commissioner shall notify each entity of the amount so apportioned to it, which and that amount shall be paid into the state treasury within 30 days after receipt of that notice.

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(4)  No institution, credit union, or independent trust company subject to assessment under subdivisions (1), (2), or (3) of this subsection may pay less than $350.00 $500.00 per semiannual assessment.

Sec. 2.  8 V.S.A. § 2202(b) is amended to read:

(b)  At the time of making application, the applicant shall pay to the commissioner a fee for investigating the application and a license fee for a period terminating on the last day of the current calendar year.  The following fees are imposed on applicants:

* * *

(2)  For an applicant for a mortgage broker's license, $250.00 $350.00 as a license fee, and $250.00 $350.00 as an application and investigation fee;.

(3)  For an applicant for a sales finance company's license, $300.00 $350.00 as a license fee, and $250.00 $350.00 as an application and investigation fee.

(4)  The fee for an application submitted after September 30 of any year shall be prorated.

Sec. 3.  8 V.S.A. § 2209 is amended to read:
§ 2209.  RENEWAL OF LICENSE

On or before December 1 of each year, every licensee shall pay to the commissioner a renewal of license fee for the next succeeding calendar year, and shall at the same time file with the commissioner a bond in the same amount and of the same character as required by section 2203 of this title or as required by the commissioner under section 2207 of this title.  The fee shall be:

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(2)  For the renewal of a mortgage broker's license, $250.00 $350.00;

(3)  For the renewal of a sales finance company's license, $300.00 $350.00.

Sec. 3a.  9 V.S.A. § 4217(a) and (b) are amended to read:

(a)  Upon the written application of a registered broker-dealer or an issuer and the filing of satisfactory evidence of good character, adequate means of identification and a fee of $45.00 $55.00 for each sales representative so appointed, the commissioner shall register as sales representative of such broker-dealer or issuer such natural persons as the broker-dealer or issuer may request.  No person may act at any one time as a sales representative for more than one broker-dealer or issuer.  If a person registered as a sales representative terminates association with a broker-dealer or issuer, the broker-dealer or issuer shall at once notify the commissioner of such termination.  Such registration shall cease upon termination of association.  The transfer fee for each sales representative shall be $45.00 $55.00.

(b)  Upon the written application of a registered investment adviser or a federal covered investment adviser and the filing of satisfactory evidence of good character, adequate means of identification, and a fee of $45.00 $55.00 for each investment adviser representative so appointed, the commissioner shall register as an investment adviser representative of such adviser such natural persons as the adviser may request.  An individual may transact business as an investment adviser representative for more than one investment adviser or federal covered investment adviser unless a rule adopted or an order issued under this chapter prohibits or limits an individual from acting as an investment adviser representative for more than one investment adviser or federal covered investment adviser.  If a person registered as an investment adviser representative terminates association with an adviser, the adviser shall at once notify the commissioner of such termination.  Such registration shall cease upon such termination of association.  The transfer fee for each investment adviser representative shall be $45.00 $55.00.

Sec. 3b.  9 V.S.A. § 4218 is amended to read:

§ 4218.  EXPIRATION OF REGISTRATION OR NOTICE FILING;

               RENEWAL FEES

The names and addresses of all persons making a notice filing with the commissioner, and all persons approved for registration as broker-dealers, sales representatives, investment advisers, and investment adviser representatives and all orders with respect thereto shall be recorded in a register maintained for such purpose and kept in the office of the commissioner which shall be open to public inspection.  All broker-dealer, branch office, sales representative, investment adviser, and investment adviser representative registrations or notice filings required pursuant to this chapter shall expire on December 31 of each year unless renewed.  Registration or notice filing renewals shall be made within the time and manner prescribed by the commissioner; otherwise they shall be treated as initial filings.  The fee for each annual renewal shall be $250.00 in the case of broker-dealers, investment advisers, and federal covered investment advisers, $100.00 for branch offices located within this state, and $45.00 $55.00 in the case of sales representatives and investment adviser representatives.

Sec. 3c.  9 V.S.A. § 4217a is added to read:

§ 4217a.  REQUEST FOR FEE WAIVERS FOR MILITARY PERSONNEL

Notwithstanding the provisions of this chapter, the commissioner may, upon written request, waive or issue a refund of fees due or paid pursuant to this chapter to military personnel who comply with all the following:

(1)  The applicant has been called or recalled to active duty status or to a status similar to active duty.

(2)  The applicant’s active duty status is expected to remain unchanged for six months or more during the calendar year for which the refund is requested.

(3)  The active duty status will prevent an applicant from acting as an agent, investment adviser representative, or investment adviser during the relevant time period.

Sec. 3d.  9 V.S.A. § 5410 is amended to read:

§ 5410.  FILING FEES

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(b)  The fee for an individual is $45.00 $55.00 when filing an application for registration as an agent, $45.00 $55.00 when filing a renewal of registration as an agent, and $45.00 $55.00 when filing for a change of registration as an agent.  If the filing results in a denial or withdrawal, the commissioner shall retain the fee.

* * *

(d)  The fee for an individual is $45.00 $55.00 when filing an application for registration as an investment adviser representative, $45.00 $55.00 when filing a renewal of registration as an investment adviser representative, and  $45.00 $55.00 when filing a change of registration as an investment adviser representative.  If the filing results in a denial or withdrawal, the commissioner shall retain the fee.

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(h)  Notwithstanding the provisions of this section, the commissioner may, upon written request, waive or issue a refund of fees due or paid pursuant to this chapter to military personnel who comply with all the following:

(1)  The applicant has been called or recalled to active duty status or to a status similar to active duty.

(2)  The applicant’s active duty status is expected to remain unchanged for six months or more during the calendar year for which the refund is requested; and

(3)  The active duty status will prevent the applicant from acting as an agent, investment adviser representative, or investment adviser during the relevant time period.

* * * Sheriffs * * *

Sec. 4.  32 V.S.A. § 1591(2)(A) is amended to read:

(A)  For necessary assistance in arresting or transporting prisoners, juveniles or mental patients persons with mental illness the sum of $11.00 $15.40 per hour for each deputy sheriff or assistant so required if the sheriff or constable makes oath that the deputy sheriff, assistant, or assistants were required giving the name of the assistant or assistants if there were more than one; provided, however, a full-time law enforcement officer shall not receive compensation under this subsection if otherwise compensated for the hours during which such transportation is performed.  In addition to the rate established in this section, the sheriffs’ department shall be reimbursed for the costs of the employers’ contribution to social security Social Security and workers’ compensation insurance attributable to services provided under this section.  Reimbursement shall be calculated on an hourly basis; the sheriff’s department shall also be reimbursed for the costs of employer contributions for unemployment compensation, when a claim is filed and the percentage owed from the sheriff’s department to the state can be accounted for under this section;

Sec. 4a.  SHERIFFS; DETERMINATION OF COSTS

Beginning in fiscal year 2007, the schedule of costs and reimbursable amounts for payments to sheriffs, deputy sheriffs, and constables set out in 32 V.S.A. § 1591(2)(A) shall be utilized by the sheriffs and constables in the preparation and submission of budget documents and appropriation requests to the general assembly, and by the general assembly in determining such amounts to be appropriated.

* * * Department of Labor and Industry * * *

Sec. 5.  WORKERS’ COMPENSATION RATE OF CONTRIBUTION

For fiscal year 2006, after consideration of the formula in 21 V.S.A. § 711(b) and historical rate trends, the general assembly has established that the rate of contribution for the direct calendar year premium for workers’ compensation insurance shall remain at the rate of 0.4 percent established in 21 V.S.A. § 711(a).

 * * * Criminal Justice Training Council * * *

Sec. 6.  20 V.S.A. § 2355(f) is amended to read:

(f)  The council shall charge participants or employers of participants in law enforcement training programs as follows:

(1)  The tuition fee for basic training required under section 2358 of this title shall be $3,550.00 $5,847.00.  This fee shall not be charged for persons employed by police agencies at the time of training.

(2)  The tuition fees for training not required under section 2358 of this title shall be set to reflect the actual costs for operation of the particular programs offered, with an additional $25.00 $30.00 entrance exam fee.

* * * Secretary of State * * *

* * * Professional Regulation * * *

* * * Advisory Board Professions * * *

Sec. 7.  3 V.S.A. § 125(b) is amended to read:

(b)  Unless otherwise provided by law, the following fees shall apply to all professions regulated by the director in consultation with advisor appointees under Title 26:

(1)  Application for registration, $75.00

(2)  Application for licensure or certification, $100.00

(3)  Biennial renewal, $175.00 $200.00, except:

(A)  Biennial renewal for clinical social workers, $125.00 $150.00

(B)  Biennial renewal for occupational therapists and assistants, $125.00 $150.00

(4)  Limited temporary license or work permit, $50.00

* * * Barbers and Cosmetologists * * *

Sec. 8.  26 V.S.A. § 287 is amended to read

§ 287.  FEES

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

(1)  Application      

(A)  Barber                                                      $ 50.00      

(B)  Cosmetologist                                          $ 50.00      

(C)  Manicurist Nail technician                       $ 50.00      

(D)  Esthetician                                                $ 50.00      

(E)  Shop                                                          $150.00      

(F)  School                                                       $300.00   

(2)  Biennial renewal      

(A)  Barber                                                       $ 60.00  $80.00

(B)  Cosmetologist                                           $ 60.00  $80.00

(C)  Manicurist Nail technician                       $ 60.00  $80.00

(D)  Esthetician                                                $ 60.00  $80.00

(E)  Shop                                                          $100.00     

(F)  School                                                       $300.00   

(3)  Reinspection                                                   $100.00

* * * Dentists, Dental Hygienists, and Dental Assistants * * *

Sec. 9.  26 V.S.A. § 810(e) is amended to read:

(e)  Each dentist and dental hygienist shall pay the following fees:     

(1)  Applications

dentist                                                          $225.00     

dental hygienist                                            $150.00     

dental assistant                                             $ 60.00   

(2)  Biennial renewal     

dentist                                                           $300.00  $355.00 

dental hygienist                                            $105.00   $125.00 

dental assistant                                             $ 65.00    $75.00

* * * Department of Fish and Wildlife * * *

Sec. 10.  10 V.S.A. § 4132(d) and (e) are added to read:

(d)  The commissioner of fish and wildlife may develop promotional programs to include the sale of promotional items at a reasonable profit, to promote hunting, fishing, and trapping and the use of wildlife management areas.  Proceeds from the sale of promotional items shall be deposited in the fish and wildlife fund.

(e)  The commissioner, subject to the direction and approval of the secretary, shall adopt and publish regulations in the name of the agency for reasonable fees or charges for the use of the lands, roads, buildings, and other property, notwithstanding 32 V.S.A. § 603.  Fees collected for the use of fish and wildlife lands and properties shall be deposited in the fish and wildlife fund.

Sec. 11.  10 V.S.A. § 4252(12) is amended to read:

(12)  A super sport license shall entitle the holder to take fish, shoot pickerel, take wild animals pursuant to chapter 113 of this title, take deer by bow and arrow pursuant to section 4744 of this title, take deer with a muzzle loading firearm pursuant to section 4743 of this title, and take wild turkey wild animals as allowed under a combination hunting and fishing license and the following big game licenses:  archery, muzzle loader, turkey, second archery, and second muzzle loader.  The commissioner may establish procedures to encourage purchasers of a super sport license to make a stewardship donation of $10.00 to the fish and wildlife fund for the purpose of habitat improvement.

Sec. 11a.  10 V.S.A. § 4254(e) is amended to read:

(e)  The commissioner shall establish:

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(9)  That each license shall clearly state that one dollar and fifty cents $1.50 of the fee for that license is a filing fee which that may be retained by the agent, except for the super sport license which shall state that $5.00 of the super sport license fee is a filing fee that may be retained by the agent.

Sec. 11b.  10 V.S.A. § 4255(a)(9) and (b)(14) are amended to read:

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

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(9)  Super sport license                                            $100.00  $150.00

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

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(14)  Super sport license                                           $200.00 $250.00  

Sec. 11c.  REPEAL

Secs. 10 and 49(c) of No. 163 of the Acts of the 2003 Adj. Sess. (2004) are repealed.

* * * Department of Motor Vehicles * * *

Sec. 12.  23 V.S.A. § 514(b) is amended to read:

(b)  Any replacement number plate shall be issued at a fee of $7.00 $10.00.

Sec. 13.  23 V.S.A. § 3802(a) is amended to read:

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

(1)  for filing an application for a first certificate of title, $10.00 $15.00;

(2)  for each security interest noted upon a certificate of title, $6.00 $7.00;

(3)  for a certificate of title after a transfer, $9.00 $15.00;

(4)  for each assignment of a security interest noted upon a certificate of title, $6.00 $7.00;

(5)  for a duplicate certificate of title, $9.00 $15.00;

(6)  for an ordinary certificate of title issued upon surrender of a distinctive certificate, $6.00 $15.00;

(7)  for filing a notice of security interest, $6.00 $7.00;

(8)  for a certificate of search of the records of the motor vehicle department for each vessel, snowmobile or all-terrain vehicle searched against, $13.00 $20.00;

(9)  for filing an assignment of a security interest, $6.00 $7.00;

(10)  for a certificate of clear title after the security interest or interests have been released, $9.00 $15.00;

(11)  for a corrected certificate of title, $9.00 $15.00.

* * * Department of Public Safety * * *

Sec. 14.  20 V.S.A. § 39(a) and (e) are amended to read:

(a)  Beginning January 1, 1994, every Every person required to report the use or storage of hazardous chemicals or substances pursuant to Title III of SARA of 1986 shall pay the following annual fees for each hazardous chemical or substance, as defined by the state emergency response commission, which that is present at the facility:

(1)  $25.00 $33.00 for quantities between 100 and 999 pounds.

(2)  $40.00 $50.00 for quantities between 1,000 and 9,999 pounds.

(3)  $60.00 $80.00 for quantities between 10,000 and 99,999 pounds.

(4)  $200.00 $250.00 for quantities between 100,000 and 999,999 pounds.

(5)  $500.00 $750.00 for quantities exceeding 999,999 pounds.

(6)  An additional fee of $100.00 $150.00 will be assessed for each extremely hazardous chemical or substance as defined in 42 U.S.C. § 11002.

(e)  The state or any political subdivision, including any municipality, fire district, or incorporated village, is authorized to recover any and all reasonable direct expenses incurred as a result of the response to and recovery of a hazardous chemical or substance incident from the person or persons responsible for the incident.  All funds collected by the state under this subsection shall be deposited into the hazardous chemical and substance emergency response fund created pursuant to subsection 38(b) of this chapter after reimbursements have been made to any responding state agencies.  The attorney general shall act on behalf of the state to recover these expenses.  The state or political subdivision shall be awarded costs and reasonable attorneys' fees which that are incurred as a result of exercising the provisions of this subsection.

Sec. 15.  20 V.S.A. § 2731(c)(1) is amended to read:

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

(1)  The permit application fee for a construction plan approval shall be:

(A)  based on $3.75 $4.50 per each $1,000.00 of the total valuation of the construction work proposed to be done for renovation to buildings constructed before 1983, but in no event shall the permit application fee exceed $135,000.00;

(B)  based on $4.50 $5.50 per each $1,000.00 of the total valuation of the construction work proposed to be done for all other buildings, but in no event shall the permit application fee exceed $135,000.00.

Sec. 16.  DEPARTMENT OF PUBLIC SAFETY; REPORT ON PERMIT                     APPLICATION FEES

On or before January 15, 2007, the department of public safety shall report to the House Committee on Ways and Means and the Senate Committee on Finance on the condition of the fire safety special fund, including recommendations regarding the permit application fee amounts in 20 V.S.A. § 2731(c)(1).

Sec. 17.  20 V.S.A. § 3073 is amended to read:

§ 3073.  FEES

The fee for applications for licenses shall be $10.00 $50.00 for residents of the state, $20.00 and $100.00 for nonresidents.  Initial licenses shall be for a term of one year.  License renewals shall be for three years for a fee of $30.00 $75.00 for residents, $60.00 and $150.00 for nonresidents.  Fees collected under this section shall be credited to a special fund and shall be available to the department of public safety to offset the cost of providing the service.

Sec. 18.  20 V.S.A. § 1815 is amended to read:

§ 1815.  AVAILABILITY OF PHOTOGRAPHIC PRINTS OR

              PHOTOSTATIC COPIES

(a)  Photographic prints taken by the department of public safety or photostatic copies of investigation reports or other material on file relating to motor vehicle accidents or fires, may be furnished to any interested person.

(1)  Photographic prints related to accidents or fire investigations shall be $5.00 $8.00 per print, and discs shall be $20.00 per disc.

(2)  The commissioner of public safety is authorized to collect fees sufficient to recover the costs associated with the processing of photographic films for criminal justice agencies.  Such costs include the cost of materials, labor and machine time related to the processing of films by the department.

(3)  Copies of fire investigation reports shall be $15.00 $20.00 per report.  If the reports contain audiotape or videotape, the fee for each audiotape or videotape shall be $15.00 $20.00. 

(4)  Investigation reports unrelated to fires or motor vehicle accidents may be furnished at the discretion of the commissioner when in his or her opinion the release of such material would not be detrimental to the best interests of the department.  The fee for such reports shall be $15.00 $20.00.  If the reports contain audiotape or videotape, the fee for each audiotape or videotape shall be $15.00 $20.00.

(5)  Officers' reports of motor vehicle accidents which do not require a report to the commissioner of motor vehicles pursuant to 23 V.S.A. § 1129 may be sold for $10.00 $20.00 per report.

(b)  Fees collected under this section shall be credited to the sale of photos and reports special fund and shall be available to the department to offset the cost of providing the services.

(c)  If a photostatic report furnished under this section exceeds 20 pages, the additional pages shall cost $0.05 per page and $0.33 per minute for staff time in excess of 30 minutes.

* * * Agency of Agriculture, Food and Markets * * *

Sec. 19.  6 V.S.A. § 324(b) is amended to read:

(b)  No person shall distribute in this state a commercial feed which that has not been registered pursuant to the provisions of this chapter.  Application shall be in a form and manner to be prescribed by rule of the secretary.  The application for registration of a commercial feed shall be accompanied by a registration fee of $50.00 $70.00 per product.  The registration fees, along with any surcharges collected under subsection (c) of this section, shall be deposited in the special fund created by subsection 364(e) of this title.  Funds deposited in this account shall be restricted to implementing and administering the provisions of this chapter title and any other provisions of the law relating to fertilizer, lime, or seeds.  If the secretary so requests, the application for registration shall be accompanied by a label or other printed matter describing the product.

Sec. 20.  6 V.S.A. § 364(e) is amended to read:

(e)  The registration and tonnage fees, along with any deficiency penalties collected pursuant to sections 331 and 372 of this title, shall be deposited in a special fund.  Funds deposited in this fund shall be restricted to implementing and administering the provisions of this chapter title and any other provisions of law relating to feeds and seeds.

Sec. 21.  6 V.S.A. § 918(b) is amended to read:

(b)  The registrant shall pay an annual fee of $75.00 $92.00 for each product registered which, and that amount shall be deposited in the special fund created in section 929 of this title, of which $5.00 from each product registration shall be used for an educational program related to the proper purchase, application, and disposal of household pesticides, and $5.00 from each product registration shall be used to collect and dispose of obsolete and unwanted pesticides.  The annual registration year shall be from December 1 to November 30 of the following year.

Sec. 22.  6 V.S.A. § 929(a) is amended to read:

(a)  There is hereby created a special pesticide monitoring revolving fund. Monies collected pursuant to section subsection 918(b) of this title shall be deposited in the fund.  The secretary may use monies deposited in the fund for the following purposes:

(1)  for For the purpose of monitoring pesticides, conducting pesticide educational activities, researching alternatives to the use of pesticides for pest control, and implementing pesticide reduction strategies pursuant to the provisions of 6 V.S.A. § 1110;.

(2)  to To pay salaries of full and part-time employees involved in monitoring pesticides;.

(3)  to To purchase necessary pesticide monitoring and analytical equipment;.

(4)  to To defray the cost of necessary operating expenses;.

* * *

(7)  To implement and administer the provisions of this title and any other provisions of law relating to pesticides.

* * * Victims’ Compensation Fund * * *

Sec. 23.  13 V.S.A. § 7282(a) is amended to read:

(a)  In addition to any penalty or fine imposed by the court or judicial bureau for a criminal offense or any civil penalty imposed for a traffic violation, including any violation of a fish and wildlife statute or regulation, violation of a motor vehicle statute, or violation of any local ordinance relating to the operation of a motor vehicle, except violations relating to seat belts and child restraints and ordinances relating to parking violations, the clerk of the court or judicial bureau shall levy an additional fee of:

* * *

(6)  For any offense committed after June 30, 2003:

(A)  For any offense or violation committed after June 30, 2003, but before July 1, 2005, $21.00, of which $13.75 shall be deposited into a special fund account to be known as the victims’ compensation special fund, and $2.25 shall be deposited into the criminal justice training council special fund established in section 2363 of Title 20; and.

(7)  For any offense or violation committed after June 30, 2005, $22.00, of which $14.75 shall be deposited into the victims’ compensation special fund and $2.25 shall be deposited into the criminal justice training council special fund established in section 2363 of Title 20.

(B)(8)  For any offense or violation committed after June 30, 2003, an amount equal to 15 percent of the fine imposed for the offense, rounded upward to the nearest whole dollar, which shall be deposited into the crime victims’ restitution special fund established by section 5363 of this title.

* * * Department of Environmental Conservation * * *

Sec. 24.  LEGISLATIVE INTENT

It is the intent of the general assembly that aquatic nuisance control stickers issued by the secretary of natural resources in accordance with this act be marketed as a voluntary program for those who wish to increase public awareness of the state’s interest in controlling aquatic nuisances, and that the stickers not be in any way sold as, or implied to be, required or mandatory.

Sec. 25.  10 V.S.A. § 924 is added to read:

§ 924.  AQUATIC NUISANCE CONTROL STICKER PROGRAM;

            AQUATIC NUISANCE CONTROL SPECIAL FUND CREATION

(a)  The department of environmental conservation may develop an aquatic nuisance control sticker for voluntary mounting on motorboats, personal watercraft, paddlecraft, or other vehicles or areas of display.  The department, as part of any program developed under this section, shall select a graphic design or designs for the sticker that will enhance the public awareness of the state’s interest in controlling aquatic nuisance species.

(b)  The commissioner of environmental conservation shall have the authority to sell and distribute the stickers.  The charge for an individual aquatic nuisance control sticker sold by any person shall be $10.00.  The department is authorized to sell stickers at a cost of $9.00 per sticker if sold for resale.  The department of environmental conservation shall use monies collected under this section and any gifts, grants, or contributions received by the department for the purpose of aquatic nuisance control to implement the programs authorized by this section and sections 921, 922, and 923 of this title.

(c)  The aquatic nuisance control special fund is established in the state treasury pursuant to subchapter 5 of chapter 7 of Title 32.  The fund shall be administered by the department of environmental conservation to implement programs authorized by this section and sections 921, 922, and 923 of this title.  The fund shall consist of gifts, donations, fees collected by the department for aquatic nuisance stickers, and appropriations by the general assembly.

Sec. 26.  REPORT TO THE GENERAL ASSEMBLY

The department of environmental conservation shall provide an accounting of the revenue raised by the aquatic nuisance sticker program established under 10 V.S.A. § 924 every three years at the time the agency of natural resources is required to report all fees to the general assembly pursuant to 32 V.S.A. § 605. 

* * * Executive Branch Fee Study * * *

Sec. 27.  EXECUTIVE BRANCH FEE STUDY

The department of finance and management, in consultation with the legislative council and the joint fiscal office, shall study the process under which executive branch agencies of the state submit proposed fees to the General Assembly for review as required under 32 V.S.A. § 605 and shall recommend whether this process should be amended to more accurately specify the justification for a proposed fee.  The study shall review and evaluate agency compliance with the requirements of 32 V.S.A. § 605 to describe the services or product provided for the fee and the regulatory function performed.  The study shall include a specific emphasis on whether agencies sufficiently justify the proposed fee or proposed change in fee and reasonably relate the fee or change in the fee to the cost to the agency of the service provided.  The study shall also include an evaluation of whether additional justification provided by agencies for a proposed fee, such as a comparison to similar governmental or non‑governmental charges in Vermont or in other states, is necessary and should be included in submission of proposed fees to the General Assembly.  For purposes of this study, the “cost to the agency” may include reasonable and directly related costs of administration, maintenance, and other expenses incurred in providing a service or product or performing a regulatory function.  The recommendations of the department shall include proposed legislation.  The study and the recommendations shall be reported to the house committee on ways and means and the senate committee on finance by January 15, 2006.

* * * Effective Dates * * *

Sec. 28.  EFFECTIVE DATE

This act shall take effect on July 1, 2005, except that:

(1)  Sec. 3d shall take effect on July 1, 2006.

(2)  10 V.S.A. § 4132(e) in Sec. 10 shall take effect on January 1, 2006.

Approved:  June 21, 2005