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H.869

AN ACT RELATING TO THE STATE’S TRANSPORTATION PROGRAM

The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  TRANSPORTATION PROGRAM; ADVANCEMENTS,

             CANCELLATIONS, AND DELAYS

(a)  The state’s proposed fiscal year 2007 transportation program appended to the agency of transportation’s proposed fiscal year 2007 budget, as amended by this act, is adopted to the extent federal, state, and local funds are available. 

(b)  As used in this act, unless otherwise indicated, the term “agency” means the agency of transportation and the term “secretary” means the secretary of transportation.  As used in this act, the table heading “As Proposed” means the transportation program referenced in subsection (a) of this section; the table heading “As Amended” means the amendments as made by this act; the table heading “Change” means the difference obtained by subtracting the “As Proposed” figure from the “As Amended” figure; and the term “change” or “changes” in the text refers to the project- and program-specific amendments, the aggregate sum of which equals the net “Change” in the applicable table heading.

* * * Program Development – Roadway * * *

Sec. 2.  PROGRAM DEVELOPMENT – ROADWAY

The following modifications are made to the program development – roadway program:

(1)  A project designated as Middlebury STP 5900( ), formerly known as Middlebury M 5900(2), also known as the Cross Street Bridge project, for the extension of Cross Street (TH 47) westerly over the Vermont Railway and the Otter Creek to connect US 7 to VT 30 and VT 125, is added to the roadway program.

(2)  Authorized spending on the Hartford Rt. 5 project RS 0113(40) is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                    25,000                  25,000                      0

ROW                               40,000                  40,000                      0

Construction 2,500,000 2,500,000                          0

Other                                        0                           0                      0

Total                           2,565,000             2,565,000                      0

Sources of funds

State                              641,250                475,000          -166,190

Federal                        1,923,750             2,014,940             91,190

Local                                         0                  75,000             75,000

Total                           2,565,000             2,565,000                      0

(3)  Authorized spending on the Hartford-Newbury project IM 091-2(67) is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                             0                           0                      0

ROW                                        0                           0                      0

Construction 4,500,000 2,500,000           -2,000,000

Other                                        0                           0                      0

Total                           4,500,000             2,500,000       -2,000,000

Sources of funds

State                              450,000                250,000          -200,000

Federal                        4,050,000             2,250,000       -1,800,000

Local                                         0                           0                      0

Total                           4,500,000             2,500,000       -2,000,000

(4)  Authorized spending on the Ryegate-St. Johnsbury project IM IR 091-2(8) is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                    50,000                  50,000                      0

ROW                                        0                           0                      0

Construction 1,000,000  450,000              -550,000

Other                                        0                           0                      0

Total                           1,050,000                500,000          -550,000

Sources of funds

State                              105,000                  50,000            -55,000

Federal                           945,000                450,000          -495,000

Local                                         0                           0                      0

Total                           1,050,000                500,000          -550,000

(5)  Authorized spending for the Waterbury Main Street project FEGC F‑013-4(13) is amended as follows.  The agency shall plan the development of the project in phases and include in the agency’s proposed transportation program for fiscal year 2008 a separate report detailing the agency’s proposed phases and time table for implementation of the proposed phases through project completion.  The funds authorized for expenditure in fiscal year 2007 shall be used to redesign the intersection of Park Row and Main Street, to advance the Park Row and Main Street intersection improvements, and otherwise to advance the project as the agency deems appropriate.

FY07                         As Proposed         As Amended             Change

PE                                    50,000                           0            -50,000

ROW                                        0                           0                      0

Construction 0                           0                           0

Other                                         0                250,000           250,000

Total                                 50,000                250,000           200,000

Sources of Funds

State                                   1,500                    7,500               6,000

Federal                             47,500                237,500           190,000

Local                                  1,000                    5,000               4,000

Total                                 50,000                250,000           200,000

(6)  Authorized spending on program development – roadway development and evaluation is amended to read:

FY07                         As Proposed    As Amended             Change

PE                                             0                      0                      0

ROW                                        0                      0                      0

Construction 0                           0                      0

Other                           9,230,000        8,230,000       -1,000,000

Total                            9,230,000        8,230,000       -1,000,000

Sources of Funds

State                            1,235,650        1,135,650          -100,000

Federal                        7,760,850        6,860,850          -900,000

Local                              233,500           233,500                      0

Total                            9,230,000        8,230,000         -1,00,000

(7)  The agency shall include under project Waitsfield‑Moretown‑Duxbury STP F 013-4-(12)S an underground cattle pass on Vermont Route 100 to serve the so-called Turner Farm and, to the extent eligible under federal regulations,  phase the project to expedite construction of the cattle pass.  As an interim measure, in fiscal year 2007, the expenditure of $25,000.00 of transportation funds is authorized by the agency for the sole purpose of planning for the underground cattle pass and implementing temporary measures to improve safety conditions in and around the existing at-grade cattle crossing.  The agency shall include in the proposed transportation program for fiscal year 2008 a timetable for implementation of this project.

* * * Program Development – Paving * * *

Sec. 3.  PROGRAM DEVELOPMENT – PAVING

The following modifications are made to the program development – paving program: 

(1)  Authorized spending on the statewide district leveling program is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                             0                           0                      0

ROW                                        0                           0                      0

Construction 1,483,000  983,000              -500,000

Other                                        0                           0                      0

Total                            1,483,000                983,000          -500,000

Sources of funds

State                            1,483,000                983,000          -500,000

Federal                                     0                           0                      0

Local                                         0                           0                      0

Total                            1,483,000                983,000          -500,000

* * * Program Development – Safety and Traffic Operations * * *

Sec. 4.  PROGRAM DEVELOPMENT – SAFETY AND TRAFFIC

             OPERATIONS

The following modifications are made to the program development – safety and traffic operations program:

(1)  Authorized spending for the Manchester STP 0137(17) project is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                             0                           0                      0

ROW                             300,000                300,000                      0

Construction 1,000,000 1,000,000                          0

Other                                         0                           0                      0

Total                            1,300,000             1,300,000                      0

Sources of funds

State                               115,960                  26,760            -89,200

Federal                        1,054,040             1,243,240           189,200

Local                              130,000                  30,000          -100,000

Total                           1,300,000             1,300,000                      0

(2)  Project Colchester TCSP TCSE ( ) has received a transportation community system preservation (TCSP) earmark in the amount of $250,000 for a project identified as Route 15 streetscape and pedestrian crossing signal.  This project shall be added to program development safety and traffic operations development and evaluation as follows:  Colchester TCSP TCSE ( ) Route 15 Streetscape and Pedestrian Crossing Signal.

* * * Program Development – State Bridge * * *

Sec. 5.  PROGRAM DEVELOPMENT – STATE BRIDGE

The following modifications are made to the program development state bridge program:

(1)  Authorized spending on the Jay culvert project ST CULV(2) is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                    10,000                  10,000                      0

ROW                                        0                           0                      0

Construction 700,000     700,000                           0

Other                                         0                           0                      0

Total                              710,000                710,000                      0

Sources of funds

State                               710,000                150,000          -560,000

Federal                                     0                560,000           560,000

Local                                         0                           0                      0

Total                               710,000                710,000                      0

(2)  Authorized spending on the Springfield culvert project STP CULV(5) is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                      8,000                    8,000                      0

ROW                                        0                           0                      0

Construction 344,000     344,000                           0

Other                                         0                           0                      0

Total                               352,000                352,000                      0

Sources of funds

State                               352,000                  76,800          -275,200

Federal                                      0                275,200           275,200

Local                                         0                           0                      0

Total                               352,000                352,000                      0

(3)  With respect to the Williamstown project BRS 0204(4) the agency shall endeavor to complete the right-of-way process in fiscal year 2007 to the extent required to allow construction of the project in fiscal year 2008.

* * * Program Development – Bike and Pedestrian Facilities * * *

Sec. 6.  PROGRAM DEVELOPMENT – BIKE AND PEDESTRIAN

            FACILITIES

The following modifications are made to the program development – bike and pedestrian facilities program:

(1)  Project Winooski TCSP TCSE ( ) has received a transportation community system preservation (TCSP) earmark in the amount of $150,000 for a project identified as Winooski east bicycle and pedestrian path.  This project shall be added to program development bike and pedestrian facilities development and evaluation as follows:  Winooski TCSP TCSE ( ) Winooski East Bicycle and Pedestrian Path.

* * * Maintenance * * *

Sec. 7.  MAINTENANCE

(a)  Total authorized spending in the maintenance program is modified as follows:

FY07                         As Proposed    As Amended             Change

Personal Services      32,216,294      32,043,294          -173,000

Operating Expenses   27,946,300      27,941,800              -4,500

Grants                            672,000           368,000          -304,000

Total                          60,834,594      60,353,094          -481,500

Sources of Funds

State                          57,800,594      57,446,094          -354,500

Federal                        3,034,000        2,907,000          -127,000

Total                          60,834,594      60,353,094          -481,500

(b)  These changes are made to reduce funding for projects in the intelligent transportation system program.

(c)  The agency shall utilize $25,000 of the transportation funds authorized in subsection (a) of this section to sweep and repair highway shoulders to improve the shoulder paths available to bicyclists as provided in Secs. 9(a) and 9(b) of No. 80 of the Acts of 2005.

* * * Aviation * * *

Sec. 8.  AVIATION

The following modifications are made to the aviation program:

(1)  Authorized spending on facilities improvements AIR 04-3144 is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                             0                           0                      0

ROW                                        0                           0                      0

Construction 0                           0                           0

Other                          1,300,000             1,100,000          -200,000

Total                            1,300,000             1,100,000          -200,000

Sources of funds

State                               700,000                  500,00          -200,000

Federal                           600,000                600,000                      0

Local                                         0                           0                      0

Total                            1,300,000             1,100,000          -200,000

* * * Transportation Buildings * * *

Sec. 9.  OPERATIONS – TRANSPORTATION BUILDINGS

The following modifications are made to the operations – transportation buildings program:

(1)  Authorized spending for the Ferrisburgh maintenance and DMV facility project is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                             0                           0                      0

ROW                                        0                           0                      0

Construction 1,562,879 1,000,000              -562,879

Other                                         0                           0                      0

Total                           1,562,879             1,000,000          -562,879

Sources of funds

State                            1,562,879             1,000,000          -562,879

Federal                                      0                           0                      0

Local                                         0                           0                      0

Total                            1,562,879             1,000,000          -562,879

* * * Statewide Bridge Maintenance * * *

Sec. 10.  BRIDGE MAINTENANCE

The following modifications are made to the bridge maintenance program:

(1)  Authorized spending on statewide bridge maintenance (100% state) is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                             0                           0                      0

ROW                                        0                           0                      0

Construction 0                           0                           0

Other                              855,000                500,000          -355,000

Total                               855,000                500,000          -355,000

Sources of funds

State                               855,000                500,000          -355,000

Federal                                      0                           0                      0

Local                                         0                           0                      0

Total                               855,000                500,000          -355,000

* * * Department of Motor Vehicles * * *

Sec. 11.  DEPARTMENT OF MOTOR VEHICLES

(a)  Authorized spending by the department of motor vehicles is amended to read:

FY07                         As Proposed         As Amended             Change

Personal Services      16,580,740           16,580,740                      0

Operating Expenses     7,177,547             7,050,064          -127,483

Grants                            311,300                311,300                      0

Total                         24,069,587           23,942,104          -127,483

Sources of funds

State                          22,744,734           22,617,251          -127,483

Federal                        1,324,853             1,324,853                      0

Local                                         0                           0                      0

Total                          24,069,587           23,942,104          -127,483

(b)  This change is made to eliminate $127,483 in funding for drivers education.

* * * Town Bridge * * *

Sec. 12.  TOWN BRIDGE

The following modifications are made to the town bridge program:

(1)  Authorized spending on the town bridge initiative program is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                             0                           0                      0

ROW                                        0                           0                      0

Construction 0                           0                           0

Other                              511,111                590,000             78,889

Total                               511,111                590,000             78,889

Sources of funds

State                               460,000                    5,000          -455,000

Federal                                     0                520,000           520,000

Local                                51,111                  65,000             13,889

Total                               511,111                590,000             78,889

(2)  Authorized spending on the Barton-Orleans project BRO 1449(29) is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                             0                           0                      0

ROW                                        0                           0                      0

Construction 1,181,438  581,438              -600,000

Other                                         0                           0                      0

Total                            1,181,438                581,438          -600,000

Sources of funds

State                               118,144                  58,144            -60,000

Federal                           945,150                465,150          -480,000

Local                              118,144                  58,144            -60,000

Total                            1,181,438                581,438          -600,000

(3)  Authorized spending on the Bradford project TH3 9641 is amended to read:

FY07                         As Proposed         As Amended             Change

PE                                            0                           0                      0

ROW                                        0                           0                      0

Construction 1,200,000  600,000              -600,000

Other                                        0                           0                      0

Total                            1,200,000                600,000          -600,000

Sources of funds

State                               240,000                120,000          -120,000

Federal                           960,000                480,000          -480,000

Local                                         0                           0                      0

Total                            1,200,000                600,000          -600,000

* * * Town Emergency Fund * * *

Sec. 13.  TOWN EMERGENCY FUND

Funding of the town emergency fund is modified to read:

FY07                         As Proposed         As Amended             Change

PE                                            0                           0                      0

ROW                                        0                           0                      0

Construction 0                           0                           0

Other                              750,000             1,000,000           250,000

Total                               750,000             1,000,000           250,000

Sources of funds

State                               750,000             1,000,000           250,000

Federal                                      0                           0                      0

Local                                         0                           0                      0

Total                               750,000             1,000,000           250,000

* * * U.S. Route 5; Hartford Utility Relocations * * *

Sec. 14.  U.S. ROUTE 5; HARTFORD UTILITY RELOCATIONS

(a)  Notwithstanding 19 V.S.A. chapter 16 or any other law or rule of law pertaining to relocation of utility facilities to accommodate highway construction, the agency of transportation, in connection with the Hartford RS 0113(40) (reconstruction of U.S. 5) project, is authorized to pay the cost of relocating municipal utilities located within the state highway right-of-way.

(b)  The town of Hartford shall be responsible for reimbursing the agency for:

(1)  nonfederal funds required to match the $1.2-million federal earmark provided in the Safe, Accountable, Flexible, Efficient Transportation Equity Act:  A Legacy for Users (SAFETEA-LU), Pub. L. 109-59;

(2)  municipal utility relocation costs which are in excess of the earmarked federal funds and any nonfederal funds required to match the earmarked federal funds; and

(3)  municipal utility relocation costs which are not eligible for federal participation. 

* * * Cancellation of Projects * * *

Sec. 15.  CANCELLATION OF PROJECTS

Pursuant to 19 V.S.A. § 10g(f) (legislative approval for cancellation of projects), the general assembly approves cancellation of the following projects:

(1)  Program development ‑ roadway:

(A)  Wilmington NH 010-1(33) (VT 9 bypass of Wilmington village) (town vote rejected bypass recommendation contained in final environmental impact statement).

* * * Railroads * * *

Sec. 16.  APPROVAL OF TRANSACTIONS REGARDING

               STATE‑OWNED RAILROAD PROPERTY

(a)  Subject to the rights of the Washington County Railroad Company under its June 4, 2003 operating agreement, the secretary of transportation, as agent for the state of Vermont, is authorized to sell, for fair market value, the following parcels of land along the state-owned railroad line between Hartford (White River Junction) and Newport City:

(1)  town of St. Johnsbury; valuation section V43/61; 2,035 square feet on the westerly side of railroad, currently under lease and used as parking lot for retail store, to be conveyed to ECH, LC;

(2)  town of Lyndon; valuation section V43/70; land on westerly side of Lyndonville railroad yard, to be conveyed to abutting landowner Hebert Properties, LLC;

(3)  town of Lyndon; valuation section V43/70; land on westerly side of Lyndonville railroad yard, to be conveyed to Estate of Donald B. Pearson;

(4)  town of Lyndon; valuation section V43/70; land on westerly side of Lyndonville railroad yard, between church and railroad and currently used for church parking, to be conveyed to Lyndonville United Methodist Church;

(5)  town of Lyndon; valuation section V43/70; land on westerly side of Lyndonville railroad yard, between parsonage and railroad and currently used for church parking, to be conveyed to Lyndonville United Methodist Church;

(6)  town of Lyndon; valuation section V43/70; land on westerly side of the railroad, to be conveyed to Wheeler Building Supply, Inc.;  

(7)  town of Barton; valuation section V43/90; approximately 7,430 square feet of land under and surrounding single-family dwelling house owned by Curtis E. Varney, to be conveyed to Curtis E. Varney;

(8)  town of Barton; valuation section V43/90; approximately 1,564 square feet of land between U.S. 5 and former Libby property (144 Lake Street), to be conveyed to abutting landowner Armand St. Martin;

(9)  town of Barton; valuation section V43/90; approximately 2,109 square feet of land between U.S. 5 and former Metcalf property (146 Lake Street), to be conveyed to abutting landowner Armand St. Martin; 

(10)  town of Barton; valuation section V43/90; approximately 0.11 acres of land located between U.S. 5 and property known as 112 Lake Street, to be conveyed to abutting landowner Jackaline J. Swett; and

(11)  town of Barton; valuation section V43/90; approximately 0.12 acres of land located between U.S. 5 and property known as 120 Lake Street, to be conveyed to abutting landowner Jackaline J. Swett.

(b)  The secretary of transportation, as agent for the state of Vermont, is authorized to sell, for fair market value, the following parcels of land along the state-owned railroad line between St. Johnsbury and Swanton:

(1)  town of Danville; valuation section V50/7; land between previous and current location of Town Highway #63, to be conveyed to abutting landowners Mark A. Palmieri and Carol J. Palmieri; 

(2)  town of Morristown; valuation section V50/51; approximately 3.7 acres adjacent to engine house and currently leased for batch plant, to be conveyed to lessee S. T. Griswold & Company, Inc.; however, if this conveyance is not consummated, the Lamoille Economic Development Corporation shall have the option to purchase; and

(3)  town of Morristown; valuation section V50/51; approximately 5.3 acres under and surrounding engine house, to be conveyed to the Lamoille Economic Development Corporation. 

(c)  The conveyances authorized by this section shall not include any lands within 33 feet of the centerline of any active railroad track (unless otherwise agreed by the railroad operator) or, in the case of the former Lamoille Valley Railroad, any land within 33 feet of the centerline of the former main line track.  The conveyances shall include appropriate covenants for the protection of continuing railroad operations or, in the case of the former Lamoille Valley Railroad, railbanking and interim trail use.  The prospective purchasers shall be required to bear the cost of any required surveys as well as the cost of obtaining any required subdivision or boundary adjustment approvals.

(d)  Prior to selling any parcel which has a fair market value of over $50,000.00, the secretary of transportation shall obtain the approval of the chairs of the senate and house committees on transportation.

(e)  The authority granted by this section shall expire on June 30, 2008.

Sec. 17.  5 V.S.A. § 3587 is amended to read:

§ 3587.  OBSTRUCTING CROSSING MORE THAN FIVE MINUTES;

              PENALTY; EXEMPTION

(a)  When a railroad crosses a highway or road required for farm use at rail level, the company operating such railroad shall not, nor shall its officer, agent, or employees permit an engine or railroad car, or any portion thereof, to stand on any part of such highway or road for a longer period than five minutes at any one time, or in shunting, to obstruct public traffic for a longer period than five minutes at any one time.  A person or corporation violating the provisions of this section shall be fined not more than $50.00 nor less than $5.00.

(b)  The provisions of this section shall not apply to:

(1)  any grade crossings now existing or hereinafter established over the line of railroad extending through the city of Rutland between the River Street underpass and the Pine Street overpass; and

(2)  the grade crossing in the town of Norton between the St. Lawrence & Atlantic Railroad and the class 4 town highway known as Gagnon Road (town highway #12).

Sec. 18.  AGENCY OF TRANSPORTATION POLICY FOR SELLING

               RAILROAD PROPERTY

(a)  The agency of transportation is directed to establish a policy for selling state-owned railroad property.  The policy shall, at least, address the following issues and shall set forth the criteria by which:

(1)  A decision is made or not made to sell the property.

(2)  A selling price is derived.

(3)  All offers to sell are either in or out of a bidding process and the specifics of the bidding process.

(b)  Prior to any sale of railroad property, the agency shall notify all agencies and departments of state government to afford the option of acquiring the property, and shall obtain the approval of the chairs of both the senate and house committees on transportation for parcels selling for over $50,000.00.

(c)  The agency shall report to the members of the house and senate committees on transportation by January 15, 2007 on the policy required by subsection (a) of this section.

Sec. 19.  AMTRAK

The agency shall not purchase, contract for construction, or otherwise contract for the use of any railroad locomotion or rolling stock equipment intended for use in connection with Amtrak services without the approval of the general assembly if in session, and if not in session, of the joint fiscal committee and the joint transportation oversight committee.  The agency shall notify members of the house and senate committees on transportation of any such submission to the joint fiscal committee and joint transportation oversight committee.  The house and senate committees on transportation shall meet and make recommendations regarding the proposed action to the joint fiscal committee and the joint transportation oversight committee.

Sec. 20.  RAIL AUTHORITY STUDY

The members of the rail authority study committee established pursuant to the provisions of Sec. 33(a) of No. 80 of the Acts of 2005 shall reconvene in August 2006 to review the state’s rail program and make recommendations regarding a rail authority to the house and senate committees on transportation by January 15, 2007.  Legislative members of the committee shall be entitled to per diem compensation and expense reimbursement as provided in 2 V.S.A. § 406(a).  Other members of the committee who are not state employees shall be entitled to per diem compensation and expense reimbursement as provided in 32 V.S.A. § 1010.

Sec. 21.  19 V.S.A. § 10e(c) is added to read:

(c)  The agency of transportation shall, by January 15 of each year, submit a rail report to the members of the house and senate committees on transportation.  The report shall include the status of projects programmed for delivery during the previous calendar year and a summary of any changes to the agency’s organizational structure which may affect project delivery.

* * * Federal Earmarks * * *

Sec. 22.  19 V.S.A. § 7(k) is amended to read:

(k)  Upon being apprised of the enactment of a federal law which makes provision for a federal earmark for a transportation project within the state of Vermont, the agency of transportation shall promptly notify the members of the House and Senate Transportation Committees house and senate committees on transportation and the joint fiscal office.  Such notification shall include all available summary information regarding the terms and conditions of the federal earmark.  For purposes of this section, federal earmark means a congressional designation of federal aid funds for a specific transportation project or program.  When the general assembly is not in session, upon obtaining the approval of the joint transportation oversight committee, the agency is authorized to add new projects to the transportation program in order to secure the benefits of federal earmarks.

* * * Municipal Equipment Loan Fund * * *

Sec. 23.  29 V.S.A. § 1602(a) and (b) are amended to read:

(a)  Upon application of a municipality or two or more municipalities applying jointly, the state treasurer may loan money from the fund to that municipality or municipalities for the purchase of equipment.  Purchases of equipment eligible for loans from the fund shall have a useful life of at least three five years and a purchase price of at least $20,000.00 but shall not be eligible for loans in excess of $90,000.00 $110,000.00 from this fund.

(b)  The treasurer is authorized to establish terms and conditions, including repayment schedules of up to three five years for loans from the fund to assure repayment of loans to the fund.  Before a municipality may receive a loan from the fund, it shall give to the treasurer security for the repayment of the funds.  The security shall be in such form and amount as the treasurer may determine and may include a lien on the equipment financed by the loan.

* * * Motor Vehicle and Highway User Fees * * *

Sec. 24.  23 V.S.A. § 114(a)(14) is amended to read:

(14)  Certified copy three-year operating record                           8.00 10.00

Sec. 25.  23 V.S.A. § 115(b) is amended to read:

(b)  Every identification card shall expire, unless earlier canceled, on the fourth birthday of the applicant following the date of original issue, and may be renewed every four years upon payment of a $15.00 $20.00 fee.

Sec. 26.  23 V.S.A. § 304(b)(1) is amended to read:

(1)  Except as otherwise provided, at the request of the registrant of any motor vehicle, upon application and upon payment of an annual fee of $30.00 $35.00 in addition to the annual fee for registration.  He or she may not issue two sets of special number plates bearing the same initials or letters unless the plates also contain a distinguishing number.  Special number plates are subject to reassignment if not renewed within 60 days of expiration of the registration.

Sec. 27.  23 V.S.A. § 307 is amended to read:

§ 307.  CARRYING OF REGISTRATION CERTIFICATE

A person shall not operate a motor vehicle nor draw a trailer or semi-trailer unless the registration certificate thereof is carried in some easily accessible place in such motor vehicle.  In case of the loss, mutilation or destruction of such certificate the owner of the vehicle described therein shall forthwith notify the commissioner and remit a fee of $7.00 $10.00 whereupon the commissioner shall furnish such owner with a duplicate certificate.  A corrected registration certificate shall be furnished by the commissioner upon request and receipt of a fee of $7.00 $10.00.

Sec. 28.  23 V.S.A. § 323 is amended to read:

§ 323.  TRANSFER FEES

A person who transfers the ownership of a registered motor vehicle to another, upon the filing of a new application, and upon the payment of a fee of $15.00 $20.00 may have registered in his or her name another motor vehicle for the remainder of the registration period without payment of any additional registration fee, provided the proper registration fee of the motor vehicle sought to be registered is the same as the registration fee of the transferred motor vehicle.  However, if the proper registration fee of the motor vehicle sought to be registered by such person is greater than the registration fee of the transferred motor vehicle, the applicant shall pay, in addition to such fee of $15.00 $20.00, the difference between the registration fee of the motor vehicle previously registered and the proper fee for the registration of the motor vehicle sought to be registered.

Sec. 29.  23 V.S.A. § 361 is amended to read:

§ 361.  PLEASURE CARS

The annual fee for registration of any motor vehicle of the pleasure car type, and all vehicles powered by electricity, shall be $49.00 $59.00 and the biennial fee shall be $90.00 $108.00.

Sec. 30.  23 V.S.A. § 364 is amended to read:

§ 364.  MOTORCYCLES

The annual fee for registration of a motorcycle, with or without side car, shall be $30.00 $35.00.

Sec. 31.  23 V.S.A. § 367(a)(1) and (f)(1) are amended to read:

(a)(1)  The annual fee for registration of tractors, truck-tractors, or motor trucks except truck cranes, truck shovels, road oilers, bituminous distributors, and farm trucks used as hereinafter specified shall be based on the total weight of the truck-tractor or motor truck including body and cab plus the heaviest load to be carried.  In computing the fees for registration of tractors, truck-tractors or motor trucks with trailers or semi-trailers attached, except trailers or semi-trailers with a gross weight of less than 6,000 pounds, the fee shall be based upon the weight of the tractor, truck-tractor or motor truck, the weight of the trailer or semi-trailer, and the weight of the heaviest load to be carried by the combined vehicles.  In addition to the fee set out in the following schedule, the fee for vehicles weighing between 10,000 and 25,999 pounds inclusive shall be an additional $26.25 $28.88, the fee for vehicles weighing between 26,000 and 39,999 pounds inclusive shall be an additional $52.50 $57.75, the fee for vehicles weighing between 40,000 and 59,999 pounds inclusive shall be an additional $183.75 $202.13, and the fee for vehicles 60,000 pounds and over shall be an additional $288.75 $317.63.  The fee shall be computed at the following rates per thousand pounds of weight determined as above specified and rounded up to the nearest whole dollar, the minimum fee for registering a tractor, truck-tractor, or motor truck to 6,000 pounds shall be the same as for the pleasure car type:

$11.24 $12.36 when the weight exceeds 6,000 pounds but does not exceed 8,000 pounds.

$12.86 $14.15 when the weight exceeds 8,000 pounds but does not exceed 12,000 pounds.

$14.18 $15.60 when the weight exceeds 12,000 pounds but does not exceed 16,000 pounds.

$15.17 $16.69 when the weight exceeds 16,000 pounds but does not exceed 20,000 pounds.

$15.86 $17.45 when the weight exceeds 20,000 pounds but does not exceed 30,000 pounds.

$16.22 $17.84 when the weight exceeds 30,000 pounds but does not exceed 40,000 pounds.

$16.60 $18.26 when the weight exceeds 40,000 pounds but does not exceed 50,000 pounds.

$16.75 $18.43 when the weight exceeds 50,000 pounds but does not exceed 60,000 pounds.

$17.32 $19.05 when the weight exceeds 60,000 pounds but does not exceed 70,000 pounds.

$17.90 $19.70 when the weight exceeds 70,000 pounds but does not exceed 80,000 pounds.

$18.48 $20.33 when the weight exceeds 80,000 pounds but does not exceed 90,000 pounds.

(f)(1)  The annual fee for registration of a farm truck of a total weight, determined as provided in subsection (a) of this section, used only for the transportation of agricultural products produced on, and material to be used in connection with the operation of, a farm or farms owned, operated or occupied by the registrant, or motor trucks which are agricultural custom service vehicles as defined in subdivision 4(70) of this title, shall be $40.00 $59.00 if the total weight is less than 18,000 pounds. If the gross weight is at least 18,000 pounds but is less than 35,000 pounds, the fee shall be $61.00 $92.50.  If the gross weight is at least 35,000 pounds but does not exceed 60,000 pounds, the fee shall be $115.00 $172.50.  If the gross weight exceeds 60,000 pounds but does not exceed 80,000 pounds, the fee shall be $182.50 $272.50.

Sec. 32.  23 V.S.A. § 371(a)(1) is amended to read:

(a)(1)  The one-year and two-year fees for registration of a trailer or semi-trailer, except contractor’s trailer or farm trailer, shall be as follows:

(A)  $15.00 $20.00 and $30.00 $40.00, respectively, when such trailer or semi-trailer has a gross weight of trailer and load of less than 1,500 pounds;

(B)  $30.00 $40.00 and $60.00 $80.00, respectively, when such trailer or semi-trailer has a gross weight of trailer and load of 1,500 pounds or more, and is drawn by a vehicle of the pleasure car type;

(C)  $30.00 $40.00 and $60.00 $80.00, respectively, when such trailer or semi-trailer is drawn by a motor truck or tractor, when such trailer or

semi-trailer has a gross weight of 1,500 pounds or more, but not in excess of 3,000 pounds;

(D)  $30.00 $40.00 and $60.00 $80.00, respectively, when such trailer or semi-trailer is used in combination with a truck-tractor or motor truck registered at the fee provided for combined vehicles under section 367 of this title.  Excepting for the fees, the provisions of this subdivision shall not apply to trailer coaches as defined in section 4 of this title nor to modular homes being transported by trailer or semi-trailer.

Sec. 33.  23 V.S.A. § 608(a) is amended to read:

(a)  The four-year fee required to be paid the commissioner for licensing an operator of motor vehicles shall be $35.00 $40.00.  The two-year fee required to be paid the commissioner for licensing an operator or junior operator shall be $23.00 $28.00.

Sec. 34.  23 V.S.A. § 617(d) is amended to read:

(d)  An applicant shall pay $10.00 $15.00 to the commissioner for each learner’s permit that is not a motorcycle learner’s permit or a duplicate or renewal thereof.

Sec. 35.  23 V.S.A. § 634(a) is amended to read:

(a)  The fee for an examination for a learner’s permit shall be $20.00.  The fee for an examination to obtain an operator’s license when the applicant is required to pass an examination pursuant to section 632 of this title shall be $5.00 $15.00.

Sec. 36.  23 V.S.A. § 675(a) is amended to read:

(a)  Before a suspension or revocation issued by the commissioner of a person’s operator’s license or privilege of operating a motor vehicle may be terminated or before a person’s operator’s license or privilege of operating a motor vehicle may be reinstated, there shall be paid to the commissioner a fee of $50.00 $60.00 in addition to any other fee required by statute.  This section shall not apply to suspensions issued under the provisions of chapter 11 of this title nor suspensions issued for physical disabilities or failing to pass re-examination.  The commissioner shall not reinstate the license of a driver whose license was suspended pursuant to section 1205 of this title until the commissioner receives certification from the court that the costs due the state have been paid.

Sec. 37.  23 V.S.A. § 2002(a) is amended to read:

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

(1)  For any certificate of title, including a salvage certificate of title, $15.00 $25.00;

* * *

(3)  For a certificate of title after a transfer, $15.00 $25.00;

* * *

(5)  For a duplicate certificate of title, including a salvage certificate of title, $15.00 $25.00;

(6)  For an ordinary certificate of title issued upon surrender of a distinctive certificate, $15.00 $25.00;

* * *

(10)  For a certificate of title after a security interest has been released, $15.00 $25.00;

* * *

(12)  For a corrected certificate of title, $15.00 $25.00.

Sec. 38.  23 V.S.A. § 4110(a)(8) is amended to read:

(8)  The application shall be accompanied by the proper fee.  The four-year fee shall be $65.00 $75.00.  The two-year fee shall be $45.00 $50.00.  In those instances where the applicant surrenders a valid Vermont Class D license, the total fees due shall be reduced by:

(A)  one-quarter of the four-year fee established by section 601 of this title for each remaining full year of validity; or

(B)  one-half of the two-year fee paid for each remaining full year of validity.

Sec. 39.  32 V.S.A. § 8903(a) and (b) are amended to read:

(a)(1)  There is hereby imposed upon the purchase in Vermont of a motor vehicle by a resident a tax at the time of such purchase, payable as hereinafter provided.  The amount of the tax shall be six percent of the taxable cost of a:

pleasure car as defined in 23 V.S.A. § 4;

motorcycle as defined in 23 V.S.A. § 4;

motor home as defined in subdivision 8902(11) of this title; or

vehicle weighing up to 10,099 pounds, registered pursuant to 23 V.S.A. § 367, other than a farm truck.

(2)  For any other motor vehicle it shall be six percent of the taxable cost of the motor vehicle or $1,100.00 $1,680.00 for each motor vehicle, whichever is smaller, except that pleasure cars which are purchased, leased or otherwise acquired for use in short-term rentals shall be subject to taxation under subsection (d) of this section.

(b)(1)  There is hereby imposed upon the use within this state a tax of six percent of the taxable cost of a:

pleasure car as defined in 23 V.S.A. § 4;

motorcycle as defined in 23 V.S.A. § 4;

motor home as defined in subdivision 8902(11) of this title; or

vehicle weighing up to 10,099 pounds, registered pursuant to 23 V.S.A. § 367, other than a farm truck.

(2)  For any other motor vehicle it shall be six percent of the taxable cost of a motor vehicle, or $1,100.00 $1,680.00 for each motor vehicle, whichever is smaller, by a person at the time of first registering or transferring a registration to such motor vehicle payable as hereinafter provided, except no use tax shall be payable hereunder if the tax imposed by subsection (a) of this section has been paid, or the vehicle is a pleasure car which was purchased, leased or otherwise acquired for use in short-term rentals, in which case the vehicle shall be subject to taxation under subsection (d) of this section.

Sec. 40.  32 V.S.A. § 602(2)(B) is amended to read:

For purposes of this chapter:

* * *

(2)  “Fee”:

* * *

(B)  The following charges are exempt from the provisions of this subchapter:

(i)  A charge established under the jurisdiction of the public service board as provided by sections 20, 21, and 218 of Title 30.

(ii)  A charge established by the liquor control board as provided by Title 7.

(iii)  A duly adopted charge concerning only inmates of a correctional or detention facility, students enrolled in an educational institution, or patients admitted to a hospital or rehabilitation facility.

(iv)  Monies paid into an enterprise or internal service fund.

(v)  A transfer between agencies of state government or between state government and a political subdivision, as compensation for a service, to support a regulatory activity, or to account for surplus property.

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

(vii)  Except for the purposes of section 605 of this title, motor vehicle and other highway user fees authorized by the general assembly for the support of the transportation fund.

(viii)  Any other charge exempt by law.

* * * Special Purpose Vehicle Registration * * *

Sec. 41.  23 V.S.A. § 4(74) and (75) are added to read:

(74)  “Category I special purpose vehicle” means a vehicle that is used exclusively as a backhoe, bucket loader, grader, truck shovel (wheeled excavator), street sweeper, or forklift truck.

(75)  Category II special purpose vehicle" means a vehicle that is used exclusively as a truck crane, wrecker, concrete form truck, bituminous distributor, calcium chloride distributor, full or semi-flotation applicator, well driller tender truck (these vehicles may tow another vehicle), permanently mounted well drilling machine, road oiler, water tanker used for dust control, or a truck used to transport a building by the use of a "transportation dolly" as defined in subdivision 54 of section 4 of this title.

Sec. 42.  23 V.S.A. § 367(b), (c), (d), (e), (g), (h), and (j) are amended to read:

(b)  The annual fee for registration of a truck crane or truck shovel category I special purpose vehicle shall be $105.00 $175.00, and the annual fee for a category II special purpose vehicle shall be $350.00.

(c)  The annual fee for registration of the so-called fork lift truck, without load, shall be $65.00.

(d)  The annual fee of a truck carrying a permanently mounted water well drilling machine is $65.00, and the annual fee for a well drilling tender truck is $105.00.

(e)  The annual fee for registration of each road oiler, calcium chloride distributor or bituminous distributor shall be $105.00.

(g)  The annual fee for registration of a truck utilized for the single purpose of carrying concrete forms shall be $105.00.

(h)  The annual fee for registration of each street sweeper, full or semi-flotation applicator vehicles, grader, rubber-tired loader and loader backhoe combination shall be $105.00. Loader backhoes used primarily for agricultural related purposes are exempt from the provision of this subsection section.

(j)  The annual registration fee for registration of a truck used exclusively to transport a building by the use of a “transportation dolly” as defined in subdivision (54) of section 4 of this title shall be $105.00.

* * * Elders and Persons with Disabilities Funding Formula * * *

Sec. 43.  PUBLIC TRANSIT; ELDERS AND PERSONS WITH

               DISABILITIES FUNDING FORMULA

The agency of transportation shall, in concert with the elders and persons with disabilities advisory committee, review the elders and persons with disabilities funding formula for the effectiveness of the mileage component.  The agency shall adjust the funding formula, if appropriate, before the state fiscal year 2007 allocations are announced.

* * * Closed Season for Snowmobile Operation * * *

Sec. 44.  23 V.S.A. § 3201(12) is amended to read:

For the purposes of this chapter:

* * *

(12)  “Closed season” shall be defined as the time from April 16 to the Sunday in December preceding the third Monday December 15.

* * * Transportation Program * * *

Sec. 45.  19 V.S.A. § 10g(d) and (e) are amended to read:

(d)(1)  In addition to the multiyear transportation program described in subsection (a) of this section, the agency shall annually present to the general assembly an analysis of the balance between the state’s commitments to transportation projects and total available resources for projects over the ten‑year period commencing with the fiscal year of the transportation program.  The analysis shall include, on a current dollar basis, an estimate of the total remaining cost of all projects in construction, development, and evaluation or candidate status in the agency’s proposed multiyear transportation program, including individual estimates and projected schedules for all projects with a total project cost estimate in excess of $10 million, and an estimate, on a current dollar basis, of the total resources projected to be available to cover project expenses during the ten-year period.

(2)  The projection of available resources called for in subdivision (1) of this subsection shall be determined in the following manner.  Total appropriations to the agency exclusive of internal service funds for each of the five previous fiscal years shall be determined.  From that total for each fiscal year shall be deducted appropriations for annual programs and other noncapital project agency activities.  Appropriations for administration, overhead, and other ongoing agency functions required for the support of capital project activities shall be apportioned on a reasonable basis and added back to the total which shall represent the total of appropriations for and in support of the agency’s capital project activities for that fiscal year.  The resulting appropriations totals of capital project-related appropriations shall be adjusted for inflation in a procedure approved by the joint fiscal committee.  The resulting inflation adjusted figures for the five previous fiscal years shall be averaged, and the average multiplied by ten shall be used as the estimate of the total resources projected to be available to cover project expenses during the ten-year period.

(3)  To the extent the estimate of remaining costs exceeds the estimate of available resources, the agency shall submit to the general assembly a plan to bring costs and resources into balance.  The plan shall include recommendations regarding the scheduling, suspension, or cancellation of projects, cost saving initiatives, revenue raising initiatives, and other organizational, project design, project execution, or financial measures or initiatives which shall ensure that the state’s commitments will be adequately and realistically funded.

(e)(1)  In addition to the multiyear transportation program described in subsection (a) of this section, the agency shall annually present to the general assembly The agency’s annual transportation program shall include a separate report referencing this subsection description of describing all projects not previously reported under this subsection with respect to which, as of the fiscal year covered by the transportation program:

(1)(A)  the The total  project cost estimate exceeds $5,000,000.00;

(2)(B)  federal Federal funds are proposed to be used to cover a portion of the project costs; and

(3)(C)  approval Approval of the proposed activity and expenditure of federal funds on the project would expose the state to potential liability to reimburse the federal government in the event the project is subsequently  cancelled.

(2)  All projects with front-of-the-book status in any approved transportation program for fiscal year 2007 or earlier shall be exempt from the reporting requirements of subdivision (1) of this subsection.

* * * Prioritization Schedule for all Transportation Projects * * *

Sec. 46.  19 V.S.A. § 10b(c) is added to read:

(c)  The agency of transportation, in developing each of the program prioritization systems schedules for all modes of transportation, shall include the following throughout the process:

(1)  The agency shall annually solicit input from each of the regional planning commissions and the Chittenden County Metropolitan Planning Organization on regional priorities within each schedule, and those inputs shall be factored into the prioritizations for each program area and shall afford the opportunity of adding new projects to the schedules.

(2)  Each year the agency shall provide in the front of the transportation program book a detailed explanation describing the factors in the prioritization system that creates each project list.

* * * Town Highway Bridge and Culvert Inventory * * *

Sec. 47.  TOWN HIGHWAY BRIDGE AND CULVERT INVENTORY

The agency of transportation is directed to complete and deploy an integrated software product by November 1, 2006 to handle data entry, access and status reporting of town bridge and culvert inventories currently collected by regional planning commissions (RPCs), the metropolitan planning organization, and towns and their contractors.  The software product shall conform to the specifications defined in the VGIS Bridge and Culvert Data Exchange Standard (VGIS Handbook:  Part 2 - Standards - Section H).  All town bridge and culvert inventory data which have been collected and which hereafter are collected by regional planning commissions in a data format conforming to the specifications of the VGIS Bridge and Culvert Data Exchange Standard shall be made available by the regional planning commissions to the Vermont center for geographic information which shall make such data available to the agency and to the general public on its website.  The agency of transportation shall encourage the RPCs and the metropolitan planning organization to complete the inventories for their region, and shall annually update the house and senate committees on transportation on the status of the data collection by regional planning commissions.

* * *  Transfers to the Central Garage Fund * * *

Sec. 48.  Sec. 69b(c) of No. 6 of the Acts of 2005 as amended by Sec. 77 of H.617 of the Acts of 2006 is amended to read:

(c)  In fiscal year 2006, the agency of transportation shall revert $2,600,000 from the appropriation of transportation funds for paving and bridge projects and transfer that amount to the highway central garage fund appropriations to the agency of transportation for the paving and state bridge and town bridge projects referenced in subsection (a) of this section shall be reduced by the aggregate amount of $2,600,000, and $2,600,000 shall be transferred to the highway central garage fund.

* * * DMV Study of Commercial Bus Registration Fees * * *

Sec. 49.  DEPARTMENT OF MOTOR VEHICLE STUDY OF MOTOR BUS

               FEES AND TAXES

The joint fiscal office, in cooperation with the department of motor vehicles, shall examine the options for assessing registration fees for motor buses that do not operate on a fixed route and to assess the options for removing or otherwise modifying the diesel fuel tax exemption for these vehicles and to make recommendations to the senate and house committees on transportation by January 15, 2007.

* * * Vehicles Approaching Tow Trucks on Highways * * *

Sec. 50.  23 V.S.A. § 1050(b) is amended to read:

(b)  The operator of a vehicle which is approaching a stationary law enforcement vehicle which is displaying a blue or blue and white signal lamp, or of a vehicle which is approaching a stationary ambulance, fire apparatus, a vehicle operated by a volunteer firefighter, or a motor vehicle used in rescue operations as set forth in section 1252 of this title which is displaying a red signal lamp, or a stationary towing and repair vehicle displaying an amber signal lamp shall proceed with caution, and, if traveling on a four-lane highway, and safety conditions permit, make a lane change.

* * * Towing Abandoned Vehicles from Public Property ‑ Funding * * *

Sec. 51.  23 V.S.A. § 2158 is added to read:

§ 2158.  FEES FOR TOWING; PUBLIC PROPERTY; FUNDING

(a)  A towing service may charge a fee of up to $40.00 for towing an abandoned motor vehicle from public property under the provisions of sections 2151–2157 of this title.  This fee shall be paid to the towing service upon the issuance by the department of motor vehicles of a certificate of abandoned motor vehicles under section 2156 of this title.  The commissioner of motor vehicles shall notify the commissioner of finance and management who shall issue payment to the towing service for vehicles removed from public property.  Payments under this section shall terminate upon the payment of a total of $16,000.00 for towing abandoned motor vehicles from public property in any fiscal year.

(b)  The commissioner of motor vehicles is authorized to expend up to $16,000.00 of the department's annual appropriation for the purpose of this section.

Sec. 52.  19 V.S.A. § 11a is amended to read:

§ 11a.  Transportation Funds Appropriated For Support Of Government

The maximum amount of transportation funds that may be appropriated for the support of government, other than for the agency of transportation, the transportation board, transportation pay act funds, the cost of maintaining and staffing rest areas, construction of transportation capital facilities used by the agency of transportation, and transportation debt service, for fiscal year 2006 shall not exceed 18.0 percent of the total of the prior fiscal year transportation fund appropriations and, for fiscal year 2007 shall not exceed $38,221,563 $38,349,046, and for fiscal year 2008 shall not exceed $37,000,000.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us