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Introduced by

H.130

AN ACT RELATING TO EXECUTIVE BRANCH FEES

The Senate proposes to the House to amend the bill as follows:

First:  By adding Secs. 3a–3d to read as follows:

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

* * *

(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.

* * *

(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.

Second:  By striking out Secs. 10, 11, and 11a and inserting in lieu thereof new Secs. 10, 11, 11a, 11b, and 11c to read as follows:

* * * 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:

* * *

(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:     

* * *

(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:  

* * *

(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.

Third:  By adding new Secs. 18 - 33 to read as follows:

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, or noncriminal or criminal investigations may be furnished to any interested person at the discretion of the commissioner.  The commissioner shall consider the interests of the department, the public, and persons associated with the record.  This section does not apply to reports or materials otherwise made confidential by law.

(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.

Photostatic copies shall be $20.00 per report.  If the report contains audiotapes, videotapes, or discs, the fee for each audiotape, videotape, or disc shall be $20.00.  If the report 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.

(2)  The commissioner of public safety is authorized to collect fees sufficient to recover the associated costs with the processing of photographic films for criminal justice agencies.  Such costs shall 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 per report. If the reports contain audiotape or videotape, the fee for each audiotape or videotape shall be $15.00.

(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.  If the reports contain audiotape or videotape, the fee for each audiotape or videotape shall be $15.00.

(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 per report.

* * *

(c)  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.  These costs shall include the cost of materials, labor, and machine time related to the processing of films by the department.

* * * 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.

* * * Victim Compensation and Child Abuse Prevention

Funds and Vital Record Fees * * *

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.

Sec. 24.  32 V.S.A. § 1712 is amended to read:

§ 1712.  TOWN CLERKS

Town clerks shall receive the following fees in the matter of vital registration:

(1)  For issuing and recording a marriage or civil union license, $23.00 $34.00, and after June 30, 2006, $45.00, to be paid by the applicant, $8.00 of which sum shall be retained by the town clerk as a fee and $15.00 of which sum, the remainder of the fee collected shall be paid by the town clerk to the state treasurer in a return filed quarterly upon forms furnished by the state treasurer and specifying all fees received by him or her during the quarter.  Of the amount paid to the state treasurer, $11.00, and after June 30, 2006, $22.00 shall be deposited into the domestic and sexual violence victim services special fund.  Such quarterly period shall be as of the first day of January, April, July, and October.

* * *

(5)  $7.00 $9.50 for each certified copy of birth, death, civil union, or marriage certificate.

(6)  $15.00 for each certified copy of a birth certificate, $5.00 of which shall be deposited into the child abuse prevention special fund.

Sec. 25.  32 V.S.A. § 1715 is amended to read:

§ 1715.  VITAL RECORDS SEARCH

(a)  Upon payment of a $9.50 fee, the commissioner of health or the commissioner of buildings and general services shall provide certified copies of vital records or shall ascertain and certify what the vital records available to the commissioners show, except that the commissioners shall not copy the word “illegitimate” from any birth certificate furnished.  The fee for a copy of a birth certificate shall be $15.00.  The fee for the search of the vital records is $3.00 which is credited toward the fee for the first certified copy based upon the search.

(b)  Fees From the fee collected for a certified copy of a birth certificate, $5.00 shall be deposited into the child abuse prevention special fund.  The remainder of that fee and the other fees collected under this section shall be credited to special funds established and managed pursuant to chapter 7, subchapter 5 of this title, and shall be available to the charging departments to offset the costs of providing those services.

Sec. 26.  33 V.S.A. § 4903 is amended to read:

§ 4903.  RESPONSIBILITY OF DEPARTMENT

The department may expend, within amounts available for the purposes, what is necessary to protect and promote the welfare of children and adults in this state, including the strengthening of their homes whenever possible, by:

* * *

(7)  Administering the child abuse prevention special fund created in section 4904 of this title to support the activities and program of prevent child abuse Vermont.

Sec. 27.  33 V.S.A. § 4904 is added to read:

§ 4904.  CHILD ABUSE PREVENTION SPECIAL FUND

(a)  The child abuse prevention 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 for children and families and shall be used to support the activities and programs of prevent child abuse Vermont, particularly the activities and programs designed to prevent injuries and death that result from shaking babies and young children.

(b)  The fund shall consist of gifts, donations, fees for copies of birth certificates collected by the town clerks, the department of health, and the department of buildings and general services designated for deposit into this fund pursuant to 32 V.S.A. §§ 1712(6) and 1715(b), and appropriations by the general assembly.

Sec. 28.  13 V.S.A. § 5360 is added to read:

§ 5360.  DOMESTIC AND SEXUAL VIOLENCE VICTIM SERVICES

             SPECIAL FUND

(a)  The domestic and sexual violence victim services 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 Vermont center for crime victim services.  The purpose of this fund is to support the activities and pay operating costs of the programs of the Vermont network against domestic and sexual violence.

(b)  The fund will consist of gifts, donations, fees collected by the town clerk and designated for deposit into this fund pursuant to 32 V.S.A. § 1712(1), and appropriations by the general assembly.

Sec. 29.  13 V.S.A. § 5361(a) is amended to read:

(a)  The center for crime victims services is created and shall be responsible for to do all the following:

* * *

(7)  Administer the domestic and sexual violence victim services special fund.

* * * Department of Environmental Conservation * * *

Sec. 30.  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. 31.  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. 32.  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. 

* * * Effective Dates * * *

Sec. 33.  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.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us