Download this document in MS Word format


AutoFill Template

H.702

Introduced by Committee on Ways and Means

Date:

Subject:  Taxation and finance; fees; executive branch fees

Statement of purpose:  This bill proposes to adjust executive branch fees.

AN ACT RELATING TO EXECUTIVE BRANCH FEES

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

* * * Department of Liquor Control * * *

Sec. 1.  7 V.S.A. § 66(a) is amended to read:

(a)  The department may grant a shipping permit to a second class licensee, provided that vinous beverages are the only alcoholic beverages sold by the licensee, to a fourth class licensee or to a holder of a license to manufacture or rectify vinous beverages, provided the licensee annually files an application in a form required by the department accompanied by an annual fee of $200.00 as provided in section 231 of this title.

Sec.  2.  7 V.S.A. § 231 is amended to read:

§ 231.  FEES FOR LICENSES; DISPOSITION OF FEES

(a)  The following fees shall be paid:

(1)  For a manufacturer’s or rectifier’s license (A) to manufacture or rectify malt beverages and vinous beverages, or (B) to manufacture or rectify spirituous liquors, $165.00 $250.00 for either license;.

(2)  For a bottler’s license, $750.00; $1,500.00.

(3)  For a wholesale dealer’s license, $660.00 $1,000.00 for each location;.

(4)  For a first class license, $100.00; $200.00.

(5)  For a second class license, $50.00; $100.00.

(6)  For a third class license, $440.00 $600.00 for an annual license and $275.00 $375.00 for a six months’ month license;.

(7)  [Deleted.]

(8)  For a caterer’s permit, $110.00; $200.00.

(9)  For a first class cabaret license, $100.00; $200.00.

(10)  For a third class cabaret license, $440.00 $600.00 for an annual license and $275.00 $375.00 for a six months’ month license;.

(11)  For up to four ten fourth class vinous licenses, $50.00;.

(12)  For vinous direct sales by a manufacturer or rectifier, $50.00;.

(13)  For a special events permit, $25.00;.

(14)  For a festival permit, $50.00; $100.00.

(15)  For a wine tasting permit, $15.00.

(16)  For a wine shipping permit, $300.00.

(17)  For a certificate of approval:

(A)  For malt beverages, $2,000.00 per year.

(B)  For vinous beverages, $440.00 per year.

(18)  For a solicitor’s permit, $50.00 per year.

(b)  Except for fees collected for first class and second class licenses, the fees collected pursuant to subsection (a) of this section shall be deposited in the liquor control enterprise fund.  At least 50 percent of first class and second class license fees shall go to the respective municipalities in which the licensed premises are located and the remaining 50 percent of those fees to the liquor control enterprise fund.  However a municipality may retain more than 50 percent of the fees collected for first and second class licenses in their municipality to the extent that the municipality has assumed responsibility for enforcement of those licenses pursuant to a contract with the department.  The department shall adopt rules regarding contracts entered into pursuant to this subdivision.

Sec. 3.  7 V.S.A. § 232 is amended to read:

§ 232.  PAYMENT OF FEES; WHERE MADE; TERMS OF PERMITS AND          LICENSES

All fees for manufacturers’ or rectifiers’ licenses, bottlers’ licenses, wholesale dealers’ licenses, nine percent of the fees for caterers’ licenses and 39 percent of the third class license fees, shall be retained by the department of liquor control.  The amount of 91 percent of the fees for caterers’ permits and 61 percent of the third class license fees, shall be paid to the state of Vermont for the benefit of the state.  All fees for the first and second class licenses shall be paid to the respective towns and cities wherein the premises are situated for which licenses are granted for the benefit of such respective towns or cities.  All permits and licenses shall expire midnight, April 30, of each year and, upon the payment of a new fee, may be renewed by the control commissioners with the approval of the liquor control board as provided in section 222 of this title, provided the licensee is entitled thereto.

Sec. 4.  7 V.S.A. § 303 is amended to read:

§ 303.  FEE

The fee for such a certificate of approval shall be for malt beverages, $1,650.00 a year and or for vinous beverages, $220.00 a year, shall be as provided in section 231 of this title and shall be collected by the department of liquor control.  Such certificate shall expire at midnight April 30 of each year and shall be renewable on application therefor and payment of the fee.  A certified check payable to the state of Vermont shall accompany the application, and shall be returned to the applicant in case the board fails to grant the certificate.  The amount of nine percent of the fees collected, pursuant to this section, shall be retained by the department of liquor control and 91 percent shall be paid to the state of Vermont for the benefit of the state.

Sec. 5.  7 V.S.A. § 363 is amended to read:

§ 363.  FEE

The fee for such a solicitor’s permit shall be $11.00 a year, as provided in section 231 of this title and shall be collected by the department of liquor control. Such permit shall expire at midnight April 30 of each year and shall be renewable on application therefor and payment of the fee. A certified check payable to the state of Vermont shall accompany the application and shall be returned to the applicant in case the board fails to grant the permit.  The amount of nine percent of the fees collected, pursuant to this section, shall be retained by the department of liquor control and 91 percent shall be paid to the state of Vermont for the benefit of the state.

* * * Department of Education * * *

Sec. 6.  16 V.S.A. § 1697(a) is amended to read:

(a)  Each applicant and licensee shall be subject to the following fees:

(1)  Initial processing of application               $35.00 $40.00

(2)  Issuance of initial license                         $35.00 $40.00 per year

for the term of the license

(3)  Renewal of license                                    $35.00 $40.00 per year

for the term of the renewal

(4)  Replacement of license                             $10.00

(5)  Duplicate license [Repealed.]                    $3.00

(6)  Peer review process                                   $1,200.00 one-time fee.

* * * Department of Labor * * *

Sec. 7.  WORKERS’ COMPENSATION RATE OF CONTRIBUTION

For fiscal year 2007, 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).

* * * Department of Taxes * * *

Sec. 8.  32 V.S.A. § 4461 is amended to read:

§ 4461.  TIME AND MANNER OF APPEAL

(a)  A taxpayer or the selectboard members of a town aggrieved by a decision of the board of civil authority under subchapter 1 of this chapter may appeal the decision of the board to either the director or the superior court of the county in which the property is located.  The appeal to the superior court shall be heard without a jury.  The appeal to either the director or the superior court shall be commenced by filing a notice of appeal pursuant to Rule 74 of the Vermont Rules of Civil Procedure, within 30 days of entry of the decision of the board of civil authority.  The date of mailing of notice of the board’s decision by the town clerk to the taxpayer shall be deemed the date of entry of the board’s decision.  The town clerk shall transmit a copy of the notice to the director or to the superior court as indicated in the notice and shall record or attach a copy of the notice in the grand list book.  The entry fee for an appeal to the director is $30.00 $70.00.

(b)  On or before the last day on which appeals may be taken from the decision of the board of civil authority, the agent of the town to prosecute and defend suits in which the town is interested, in the name of the town, on written application of one or more taxpayers of the town whose combined grand list represents at least three percent of the grand list of the town for the preceding year, shall appeal to the superior court from any action of the board of civil authority not involving appeals of the applying taxpayers.  However, the town agent shall, in any event, have at least six days after receipt of such taxpayers’ application for appeal in which to take the appeal, and the date for the taking of such appeal shall accordingly be extended, if necessary, until the six days shall have elapsed.  The $30.00 $70.00 entry fee shall be paid by the applicants with respect to each individual property thus being appealed which is separately listed in the grand list.

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

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

Sec. 9.  COMMISSIONER OF TAXES; REPORT

On or before January 15, 2007, the commissioner of taxes shall report to the house committee on ways and means and the senate committee on finance regarding the effect of the amendment in Sec. 8 of this act, including whether the amendment resulted in an overall decrease in the length of the appeal process for appeals to the director under chapter 131 of Title 32.

* * * Secretary of State * * *

* * * Professional Regulation * * *

* * * Architects * * *

Sec. 10.  26 V.S.A. § 209 is amended to read:

§ 209.  FEES

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

     (1)  application Application for license                             $  60.00

     (2)  initial Initial license issuance                                 $  20.00

     (3)  biennial Biennial renewal                                           $120.00 $155.00


* * * Chiropractic * * *

Sec. 11.  26 V.S.A. § 535 is amended to read:

§ 535.  FEES

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

(1)  Chiropractors

(A)  Application                                                         $200.00

(B)  Biennial renewal                                      $ 265.00 $365.00

(C)  Initial competency endorsement under 

section 525 of this title                                              $  70.00

(D)  Biennial renewal of competency endorsement

  under section 525 of this title                                              $  70.00

(E)  Evaluation                                                       $125.00

(2)  Registration of intern                                            $   50.00

* * * Professional Engineering * * *

Sec. 12.  26 V.S.A. § 1176 is amended to read:

§ 1176.  FEES

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

(1)  Application for engineering license                             $100.00

(2)  Application for engineer intern certificate                               $  50.00

(3)  Biennial renewal                                                        $85.00 $100.00

(4)  Transient practice permit                                                       $  30.00 

* * * Nursing * * *

Sec. 13.  26 V.S.A. § 1577 is amended to read:

§ 1577.  FEES

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

(1)  Application                                                                           $  60.00

(2)  Registered nurse application by endorsement             $150.00

(3)  Biennial renewal                                                        $85.00 $  95.00

(4)  Limited temporary license                                                     $  25.00

(5)  Initial endorsement of advanced practice registered

nurses                                                                                       $  60.00 $  75.00

(6)  Biennial renewal of advanced practice registered nurses     $  50.00

* * * Nursing Assistants * * *

Sec. 14.  26 V.S.A. § 1599 is amended to read:

§ 1599.  FEES

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

(1)  Application                                                     $20.00

(2)  Biennial renewal                                             $25.00 $30.00

** * * Optometry * * *

Sec. 15.  26 V.S.A. § 1718 is amended to read:

§ 1718.  FEES

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

(1)  Application                                                   $   95.00  $225.00

(2)  Biennial renewal                                            $ 350.00  $525.00

 * * Osteopathy * * *

Sec. 16.  26 V.S.A. § 1794 is amended to read:

§ 1794.  FEES

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

(1)  Application

(A)  Licensure                                                            $500.00

(B)  Limited temporary license                                    $  50.00

(2)  Biennial license renewal                                             $500.00 $750.00

(3)  Annual limited temporary license renewal                   $100.00

* * * Veterinary Medicine * * *

Sec. 17.  26 V.S.A. § 2414 is amended to read:

§ 2414.  FEES

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

(1)  application Application                                         $100.00

(2)  biennial Biennial renewal                                      $195.00 $250.00

(3) temporary Temporary license                                $  25.00

* * * Land Surveyors * * *

Sec. 18.  26 V.S.A. § 2597 is amended to read:

§ 2597.  FEES

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

(1)  application Application                                              $100.00 $200.00

(2)  biennial Biennial renewal of license                      $300.00 $400.00

* * * Real Estate Appraisers * * *

Sec. 19.  26 V.S.A. § 3316 is amended to read:

§ 3316.  FEES

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

(1)  Application                                                               $125.00

(2)  Initial license                                                             $ 60.00 $150.00

(3)  Biennial renewal                                                        $225.00 $315.00

(4)  Temporary license                                                    $ 50.00  $150.00

(5)  Prelicensing course review                                        $100.00

(6)  Continuing education course review                      $100.00

(7)  Appraiser trainee annual registration                          $100.00

* * * Clinical Mental Health Counselors * * *

Sec. 20.  26 V.S.A. § 3270a is amended to read:

§ 3270a.  FEES

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

(1)  Application for licensure                                            $175.00 $125.00

(2)  Biennial renewal                                                        $270.00 $150.00

* * * Marriage and Family Therapists * * *

Sec. 21.  26 V.S.A. § 4041a is amended to read:

§ 4041a.  FEES

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

* * *

(1)  Application for licensure                                            $175.00 $125.00

(2)  Biennial renewal                                                        $270.00 $150.00

* * * Psychotherapists * * *

Sec. 22.  26 V.S.A. § 4089a is amended to read:

§ 4089a.  FEES

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

(1)  Initial roster entry                                                      $100.00 $75.00

(2)  Biennial roster reentry                                               $125.00 $90.00

* * * General * * *

Sec. 23.  32 V.S.A. § 605(d)(2) is amended to read:

(2)  Set a new, or adjust an existing, fee rate or amount.  Each new or adjusted fee rate shall be accompanied by information justifying the rate, which may include:

(A)  The relationship between the revenue to be raised by the fee or change in the fee and the cost or change in the cost of the service, product, or regulatory function supported by the fee, with costs construed pursuant to subdivision 603(2) of this title.

(B)  The inflationary pressures that have arisen since the fee was last set.

(C)  The effect on budgetary adequacy if the fee is not increased.

(D)  The existence of comparable fees in other jurisdictions.

(E)  Policies that might affect the acceptance or the viability of the fee amount.

(F)  Other considerations.

Sec. 24.  EFFECTIVE DATE

This act shall take effect on July 1, 2006, except Sec. 6, which shall take effect on July 1, 2007.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us