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ACT OF THE GENERAL ASSEMBLY 2007-2008

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NO. 153.  AN ACT RELATING TO EXECUTIVE AND JUDICIAL BRANCH FEES.

(H.691)

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

* * * Department of Public Safety * * *

Sec. 1.  20 V.S.A § 39(a) is amended to read:

(a)  Every person required to report the use or storage of hazardous chemicals or substances pursuant to EPCRA shall pay the following annual fees for each hazardous chemical or substance, as defined by the state emergency response commission, that is present at the facility:

(1)  $33.00 $35.00 for quantities between 100 and 999 pounds.

(2)  $50.00 $55.00 for quantities between 1,000 and 9,999 pounds.

(3)  $80.00 $90.00 for quantities between 10,000 and 99,999 pounds.

(4)  $250.00 $265.00 for quantities between 100,000 and 999,999 pounds.

(5)  $750.00 $800.00 for quantities exceeding 999,999 pounds.

(6)  An additional fee of $150.00 $175.00 will be assessed for each extremely hazardous chemical or substance as defined in 42 U.S.C. § 11002.

Sec. 2.  23 V.S.A. § 1203(k) is amended to read:

(k)  A copy of a videotape made of the alleged offense shall be provided to the defendant within ten days after the defendant requests the copy and pays a $15.00 $45.00 fee for its reproduction.  No fee shall be charged to a defendant whom the court has determined to be indigent.

Sec. 2a.  Rule 16(e) of the Vermont Rules of Criminal Procedure is amended to read:

(e)  Videotapes.  A copy of a videotape made of the alleged offense and subsequent processing shall be available for purchase by the defendant directly from the law enforcement agency responsible for initiating the action upon written request and advance payment of a $15.00 $45.00 fee, except that no fee shall be charged to a defendant whom the court has determined to be indigent. A municipal or county law enforcement agency shall be entitled to all fees it collects for videotapes sold pursuant to this rule. Fees collected by the state for videotapes sold pursuant to this rule shall be deposited in the DUI enforcement special fund created under section 1220a of Title 23.  The original videotape may be erased 90 days after: 

(1)  the entry of final judgment, or

(2)  the date the videotape was made, if no civil or criminal action is filed.

* * * Department of Environmental Conservation * * *

Sec. 3.  3 V.S.A. § 2822(i) is amended to read:

(i)  The secretary shall not process an application for which the applicable fee has not been paid unless the secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to section 710 of Title 32.  In addition, the persons who are exempt under section 710 of Title 32 are also exempt from the application fees for stormwater operating permits specified in subdivisions (j)(2)(A)(iii)(I) and (II) of this section if they otherwise meet the requirements of section 710.  Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (2), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services, except that a municipality shall also be exempt from those fees for orphan stormwater systems prescribed in subdivision subdivisions (j)(2)(A)(iii) and (2)(B)(iv)(I) or (II) of this section when the municipality agrees to become an applicant or co-applicant for an orphan stormwater system under section 1264c of Title 10.  Applicants operating under SIC codes 2411, 2421, 2426, and 2429 shall be exempt from administrative processing fees pursuant to subdivision (j)(2) of this section and application review fees pursuant to subdivision (j)(2)(A)(iii)(IV) of this section.

Sec. 4.  Sec. 30b of No. 76 of the Acts of 2007 is amended to read:

Sec. 30b.  IMPLEMENTATION AND REVERSION

(a)  Sec. 30a (exclusion from general permit fees) shall take effect upon passage and shall be effective retroactively back to August 1, 2006.  The department of environmental conservation shall refund any fees collected from applicants operating under SIC codes 2411, 2421, 2426 and 2429 pursuant to 3 V.S.A. § 2822(j)(2)(A)(iii)(IV) between August 1, 2006 and the effective date of this section June 30, 2008.

(b)  Sec. 30a (exclusion from general permit fees) shall expire on July 1, 2008 and, on that date, the content of 3 V.S.A. § 2822(i) shall revert to the content that existed before the amendment contained in this act.

* * * Sheriffs * * *

Sec. 5.  32 V.S.A. § 1591(1)(A) is amended to read:

(A)  For serving each process, the fees shall be as follows:

* * *

(ii)  $30.00 $50.00 upon presentation of each return of service for the service of papers relating to divorce, annulments, separations, or support complaints;

(iii)  $30.00 $50.00 upon presentation of each return of service for the service of papers relating to civil suits except as provided in subdivisions 1591(1)(A)(ii) and 1591(1)(A)(vii) of this title;

(iv)  $30.00 $50.00 upon presentation of each return of service for the service of a subpoena and shall be limited to that one fee for each return of service;

* * *

* * * Department of Labor * * *

Sec. 6.  21 V.S.A. § 711(a) is amended to read:

(a)  A worker’s compensation administration fund is created pursuant to subchapter 5 of chapter 7 of Title 32 to be expended by the commissioner for the administration of the worker’s compensation and occupational disease programs.  The fund shall consist of contributions from employers made at a rate of 0.42 0.81 percent of the direct calendar year premium for worker’s compensation insurance, one percent of self-insured worker’s compensation losses, and one percent of worker’s compensation losses of corporations approved under the chapter 9 of this title.  Disbursements from the fund shall be on warrants drawn by the commissioner of finance and management in anticipation of receipts authorized by this section.

Sec. 6a.  21 V.S.A. § 144(a) is amended to read:

(a)  The elevator safety review board is established within the department, and shall consist of five seven members, one of whom shall be the commissioner or the commissioner’s designee, one of whom shall be the commissioner of labor or the commissioner of labor’s designee, and four five members to be appointed by the governor as follows: one representative from a major elevator manufacturing company; one representative from an elevator servicing company; an owner or manager of a multistoried building, in which a conveyance is installed; an elevator inspector; and an individual who actually installs, maintains and repairs conveyances.  The members appointed by the governor shall be appointed for staggered terms of three years, and shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.

Sec. 6b.  21 V.S.A. § 152 is amended to read:

§ 152.  NEW INSTALLATIONS; ANNUAL INSPECTIONS AND
             REGISTRATIONS

(a)  A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector other than the installer, and a certificate of operation has been issued.

(b)  Every conveyance subject to this subchapter shall be inspected annually by an elevator inspector who may charge a fee for the service as established by the board by rule.  Rules adopted by the board under this subsection shall take into account the degree of difficulty required by the inspection, the frequency of use of the conveyance, and the mode of operation of the conveyance, such as cable, traction, hydraulic, light use, or platform liftAn inspector may charge a fee not to exceed $100.00 for each inspection.  The inspector shall notify the department if a conveyance is found to be in violation of this subchapter or any rule adopted under this subchapter.

(c)  An elevator inspector shall issue a certificate of operation after the inspector has inspected a new or existing conveyance, and has determined that the conveyance is in compliance with this subchapter.  A certificate of operation shall be renewed annually.  An owner of a conveyance shall ensure that the required inspections and tests are performed at intervals that comply with rules adopted by the board.  Certificates of operation shall be clearly displayed on or in each conveyance or in each machinery room.

(d)  The department may issue a conditional certificate of operation for a conveyance that is not in complete compliance, provided the conveyance has been inspected and determined to be safe for temporary operation.  This conditional certificate of operation permits shall permit a conveyance to operate for no more than 30 180 days or until the conveyance is in compliance, whichever occurs first.

(e)  The inspector shall submit $25.00 of the fee charged for each inspection to the department for each certificate of operation issued under this subchapter.

(f)  As established by the board by rule, an inspector may charge a fee not to exceed $250.00 for each inspection, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.

(g)  Until rules are adopted under subsection (f) of this section, an inspector may charge a fee not to exceed $100.00, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.

Sec. 6c.  COMMISSIONER OF PUBLIC SAFETY; REPORT

By January 15, 2009, the commissioner of public safety shall file a report with the house and senate committees on government operations that identifies barriers to adequate training of elevator inspectors, elevator mechanics, and lift mechanics.

Sec. 6d.  REPEAL

21 V.S.A. § 152(g) (inspector fee cap of $100.00) shall be repealed on the effective date of rules adopted pursuant to 21 V.S.A. § 152.

Sec. 6e.  ELEVATOR SAFETY REVIEW BOARD; RULEMAKING

Notwithstanding the requirement that an emergency rule be made in response to “imminent peril to the public health, safety or welfare,” the elevator safety review board shall by emergency rulemaking pursuant to 3 V.S.A. § 844 adopt rules that set fees as required by 21 V.S.A. § 152(b).  Emergency rules shall be filed as soon as possible after notice and an opportunity to be heard by persons who may be affected by them.  The board shall propose a permanent rule on the same subject at the same time that it adopts an emergency rule.

[Sec. 7.  DELETED]

Sec. 8.  23 V.S.A. § 1402(e) is added to read:

(e)  Pilot project allowing annual permits for low-bed trailers.

(1)  The commissioner may issue an annual permit to allow the transportation of a so-called “low-bed” trailer.  A “low-bed” trailer is defined as a trailer manufactured for the primary purpose of carrying heavy equipment on a flat-surfaced deck, which deck is at a height equal to or lower than the top of the rear axle group.

(2)  A blanket permit may be obtained for an annual fee of $275.00 per unit, provided the total vehicle length does not exceed 75 feet, does not exceed a loaded width of 12'6", does not exceed a total weight of 108,000 lbs., and has a height not exceeding 14 feet.

(3)  Warning signs and flags shall be required if the vehicle exceeds 75 feet in length, or exceeds 8'6" in width.

(4)  This subsection shall expire on June 30, 2010.  No later than

January 15, 2010, the department of motor vehicles, after consultation with the agency of transportation, Vermont League of Cities and Towns, and Vermont Truck and Bus Association, shall report to the house and senate committees on transportation on the results of this two-year pilot project.  The report shall include recommendations on extending this provision on low-bed trailers, as well as other recommendations relating to longer vehicle lengths.

Sec. 9.  INTENT

It is the intent of the general assembly that the Vermont traumatic brain injury fund created in 33 V.S.A. § 7801 shall be used for the benefit of all Vermonters suffering from traumatic brain injuries, including residents who have served in the armed forces of the United States in Operation Iraqi Freedom and Operation Enduring Freedom.

Sec. 9a.  33 V.S.A. chapter 78 is added to read:

Chapter 78.  INDIVIDUALS WITH

TRAUMATIC BRAIN INJURY (TBI)

§ 7801.  VERMONT TRAUMATIC BRAIN INJURY Fund

(a)  The Vermont traumatic brain injury fund is established in the office of the state treasurer as a special fund to be a source of financing for services for individuals with TBI and for programs established by or through contracts with the agency of human services for the treatment of traumatic brain injuries.

(b)  Into the fund shall be deposited proceeds from grants, donations, contributions, taxes, and any other sources of revenue as may be provided by statute, rule, or act of the general assembly.

(c)  The fund shall be administered pursuant to subchapter 5 of chapter 7 of Title 32, except that interest earned on the fund and any remaining balance shall be retained in the fund.

(d)  All monies received by or generated to the fund shall be used only as allowed by appropriation of the general assembly for the administration and delivery of services for individuals with TBI and for programs for the treatment of brain injuries established by or through contracts with the agency of human services.

(e)  The agency of human services shall develop a policy for disbursement of monies from the fund created in subsection (a) of this section and submit the policy to the joint fiscal committee for approval at its September 2008 meeting.

Sec. 10.  INITIAL FUNDING

In FY 2009, $140,000.00 is transferred from the Vermont campaign fund established in 17 V.S.A. § 2856 to the Vermont traumatic brain injury fund established in 33 V.S.A. § 7801.

* * * Criminal Justice Training Council * * *

Sec. 11.  20 V.S.A. § 2355(f)(1) is amended to read:

(1)  The tuition fee for basic training required under section 2358 of this title shall be $5,847.00 $6,417.00.  This fee shall not be charged for persons employed by police agencies at the time of training.

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

Sec. 12.  6 V.S.A. § 2964(a) is amended to read:

(a)  A producer or packer of agricultural products produced in Vermont annually may apply to the secretary for an identification label which may be applied to his or her products to indicate that they have been produced in Vermont and have met standards of quality as have been or may be established by the secretary.  The person requesting the labels shall annually pay a fee based on the volume of sales for each category of products in the previous year according to the following fee schedule:  $20.00 $25.00 for a prior annual sales volume less than $20,000.00 $25,000.00; $50.00 for a prior annual sales volume from $20,000.00 $25,000.00 to under $100,000.00; $150.00 $100.00 for a prior annual sales volume from $100,001.00 to $500,000.00; $250.00 for a prior annual sales volume from $500,001.00 to $1,000,000.00 $100,000.00 to $250,000.00; and $500.00 for a prior annual sales volume greater than $1,000,000.00 $250,000.00.  The applicant shall also pay for the cost of all labels requested.

Sec. 13.  20 V.S.A. § 3581(c) is amended to read:

(c)(1)  A mandatory license fee surcharge of $2.00 $3.00 per license shall be collected by each city, town, or village for the purpose of funding the dog, cat, and wolf-hybrid spaying and neutering program established in subchapter 6 of chapter 193 of this title.

(2)  An optional license fee surcharge of up to $10.00 per license is to be implemented by the legislative body of a city, town, or village which has established an animal and rabies control program for the sole purpose of funding the rabies control program.

(3)  The license fee surcharges in this subsection shall not be considered part of the license fee for purposes of calculating a penalty for late payment.


Sec. 14.  AGENCY OF AGRICULTURE, FOOD AND MARKETS REPORT
               ON FUNDING OF VERMONT SPAY NEUTER INCENTIVE
               PROGRAM

On or before January 15, 2009, the secretary of agriculture, food and markets shall report to the house and senate committees on agriculture, the senate committee on finance, the house committee on ways and means, and the house and senate committees on judiciary with a report regarding the continued funding of the Vermont spay neuter incentive program.  The report shall include:

(1)  A summary of the activities and services provided by the Vermont spay neuter incentive program;

(2)  An estimate of the annual cost of operating the Vermont spay neuter incentive program based on a presumption of the program meeting a reasonable demand on program services; and

(3)  A recommendation of a funding mechanism or mechanisms outside the general fund for the continued operation of the Vermont spay neuter incentive program.


Sec. 15.  RULES RELATING TO THE VERMONT SPAY NEUTER
               INCENTIVE PROGRAM; VETERINARIANS; AGENCY OF
               AGRICULTURE, FOOD AND MARKETS

The agency of agriculture, food and markets shall adopt rules under chapter 25 of Title 3 for the Vermont spay neuter incentive program (VSNIP) that include:

(1)  A requirement that a veterinarian shall biannually provide a copy of the certificate of rabies vaccination or otherwise provide to the agency of agriculture, food and markets identifying information pertaining to the certificate.

(2)  A requirement that the agency of agriculture, food and markets biannually provide a copy of the certificate or otherwise provide identifying information pertaining to the certificate to the clerk of the municipality in which the owner of the dog resides.

Sec. 16.  COLLECTION OF SALES AND USE TAX ON THE SALE OF
               ANIMALS

No later than January 15, 2009, the department of taxes shall issue a report to the house committee on ways and means and the senate committee on finance on its efforts to date and strategies to increase the collection of sales and use tax on the sale of animals by people licensed under chapter 194 or 199 of Title 20 and by people not required to be licensed under those statutory provisions.

Sec. 16a.  STATUTORY REVISION

The legislative council in collaboration with the agency of agriculture, food and markets shall review chapters 194 and 199 of Title 20 and suggest ways to clarify and better organize the language contained therein.  A report of the results of such review shall be provided to the senate committee on finance and the house committee on ways and means no later than January 15, 2009.

* * * Judiciary * * *

Sec. 17.  4 V.S.A. § 1105 is amended to read:

§ 1105.  Answer to complaint; default

* * *

(b)  A person who is charged with a violation shall have 20 days from the date the complaint is issued to admit or deny the allegations or to state that he or she does not contest the allegations in the complaint.  The judicial bureau shall assess against a defendant a fee of $10.00 $20.00 for failure to answer a complaint within the time allowed.  The fee shall be assessed in the default judgment and deposited in the court technology special fund established pursuant to section 27 of this title.

* * *


Sec. 18.  4 V.S.A. § 1109 is amended to read:

§ 1109.  Remedies for failure to pay

* * *

(b)  A judicial bureau judgment shall provide notice that a $15.00 $30.00 fee shall be assessed for failure to pay within 30 days.  If the defendant fails to pay the amount due within 30 days, the fee shall be added to the judgment amount and deposited in the court technology special fund established pursuant to section 27 of this title.

* * *

Sec. 19.  32 V.S.A § 1431 is amended to read:

§ 1431.  Fees in supreme, superior, district, family, and
               environmental courts

(a)  Prior to the entry of any cause in the supreme court there shall be paid to the clerk of the court for the benefit of the state a fee of $225.00 $250.00 in lieu of all other fees not otherwise set forth in this section.

(b)(1)  Prior to the entry of any cause in the superior court or environmental court there shall be paid to the clerk of the court for the benefit of the state a fee of $225.00 $250.00 in lieu of all other fees not otherwise set forth in this section.


(2)  Prior to the entry of any divorce or annulment proceeding in the family court there shall be paid to the clerk of the court for the benefit of the state a fee of $225.00 $250.00 in lieu of all other fees not otherwise set forth in this section; however, if the divorce or annulment complaint is filed with a stipulation for a final order acceptable to the court, the fee shall be $75.00.

* * *

(4)  Prior to the entry of any motion or petition to vacate, modify or enforce an order for parental rights and responsibilities, parent-child contact, or maintenance in the family court there shall be paid to the clerk of the court for the benefit of the state a fee of $75.00 in lieu of all other fees not otherwise set forth in this section; however,.  Prior to the entry of any motion or petition to vacate or modify an order for parental rights and responsibilities, parent-child contact, or maintenance in the family court, there shall be paid to the clerk of the court for the benefit of the state a fee of $100.00 in lieu of all other fees not otherwise set forth in this section.  However, if the motion or petition is filed with a stipulation for an order acceptable to the court, the fee shall be $25.00.  All motions or petitions filed by one party at one time shall be assessed one fee.

* * *

(c)  Prior to the entry of a small claims action there shall be paid to the clerk for the benefit of the state county in lieu of all other fees not otherwise set forth in this section, a fee of $60.00 $75.00 if the claim is for more than $500.00 $1,000.00 and $35.00 $50.00 if the claim is for $500.00 $1,000.00 or less.  The filing fee for civil suspension proceedings filed pursuant to 23 V.S.A § 1205 shall be $75.00, which shall be taxed in the bill of costs in accordance with sections 1433 and 1471 of this title  Prior to the entry of any postjudgment motion in a small claims action, there shall be paid to the clerk for the benefit of the county a fee of $50.00.  The fee for every counterclaim in small claims proceedings shall be $25.00, payable to the county, if the counterclaim is for more than $500.00, and $15.00 if the counterclaim is for $500.00 or less.

(d)  Prior to the entry of any subsequent pleading which sets forth a claim for relief in the supreme court or the superior, environmental, or district court, there shall be paid to the clerk of the court for the benefit of the state a fee of $100.00 for every appeal, cross-claim, or third-party claim and a fee of $75.00 for every counterclaim in the superior or environmental court in lieu of all other fees not otherwise set forth in this section.  The fee for every counterclaim in small claims’ proceedings shall be $25.00 if the counterclaim is for more than $500.00 and $15.00 if the counterclaim is for $500.00 or less.  The fee for an appeal of a magistrate’s decision in the family court shall be $100.00.  The filing fee for civil suspension proceedings filed pursuant to

23 V.S.A § 1205 shall be $75.00, which shall be taxed in the bill of costs in accordance with sections 1433 and 1471 of this title.

(e)  Prior to the filing of any postjudgment motion in the superior, environmental, or district court, including motions to reopen civil suspensions, there shall be paid to the clerk of the court for the benefit of the state a fee of $50.00 $75.00 except for small claims actions for which the fee shall be $25.00 in lieu of all other fees not otherwise set forth in this section.

(f)  The filing fee for all actions filed in the judicial bureau shall be $30.00 $50.00; the state or municipality shall not be required to pay the fee; however, if the respondent denies the allegations on the ticket, the fee shall be taxed in the bill of costs in accordance with sections 1433 and 1471 of this title and shall be paid to the clerk of the bureau for the benefit of the state.

(g)  Prior to the filing of any postjudgment motion in the judicial bureau there shall be paid to the clerk of the bureau, for the benefit of the state, a fee of $25.00 $35.00.  Prior to the filing of any appeal from the judicial bureau to the district court there shall be paid to the clerk of the court, for the benefit of the state, a fee of $75.00 $100.00.

(g)(h)  Pursuant to Vermont Rules of Civil Procedure 3.1, Vermont Rules of Appellate Procedure 24(a), or District Court Civil Rules 3.1, part or all of the filing fee may be waived if the court finds that the applicant is unable to pay it.  The clerk of the court or the clerk’s designee shall establish the in forma pauperis fee in accordance with procedures and guidelines established by administrative order of the supreme court.

Sec. 20.  32 V.S.A. § 1434(a) is amended to read:

(a)  The following entry fees shall be paid to the probate court for the benefit of the state, except for subdivision (13)(17) of this subsection which shall be for the benefit of the county in which the fee was collected:

(1)  Estates of $10,000.00 or less                                 $35.00        $25.00

(2)  Estates of more than $10,000.00 to

not more than $150,000.00 $50,000.00                                           $75.00

(3)  Estates of more than $50,000.00 to

not more than $150,000.00                                                            $200.00

(4)  Estates of more than $150,000.00 to

not more than $500,000.00                                          $150.00    $375.00

(4)(5)  Estates of more than $500,000.000 to

not more than $1,000,000.00                                       $325.00    $625.00

(6)  Estates of more than $1,000,000.00 to

not more than $5,000,000.00                                                      $1,000.00

(7)  Estates of more than $5,000,000.00 to

not more than $10,000,000.00                                                    $1,500.00

(8)  Estates of more than $10,000,000.00                                   $1,750.00

(5)(9)  Testamentary trusts of $20,000.00 or less                              $50.00

(6)(10)  Testamentary trusts of more than $20,000.00        $100.00

(7)(11)  Annual accounts on testamentary trusts of

more than $20,000.00                                                        $25.00  $30.00

(8)(12)  Annual accounts on decedents’ estates

filed for any period ending more than one year

following the opening of the estate                                                     $25.00

(9)(13)  Adoptions                                                                           $75.00

(10)(14)  Guardianships for minors                                                   $35.00

(11)(15)  Guardianships for adults                                                    $50.00

(12)(16)  Petitions for change of name                $50.00   $75.00

(13)(17)  Filing of a will for safekeeping, except

that there shall be no fee for the filing of subsequent

wills in that district for the same person                                 $20.00

(14)(18)  Corrections for vital records                                  $25.00

(15)(19)  Orders of authorization                                                      $25.00

(16)(20)  Conveyances of title to real estate pursuant

to section 1801 of Title 14                                                                $50.00

(17)(21)  Petitions for the removal of a trustee pursuant

to 14 V.S.A. § 2314(c) of trusts of $20,000.00 or less         $50.00

(18)(22)  Petitions for removal of a trustee pursuant

to 14 V.S.A. § 2314(c) of trusts more than $20,000.00      $100.00

(19)(23)  Petitions concerning advance directives pursuant

to 18 V.S.A. § 9718                                                                        $75.00

(20)(24)  Civil actions brought pursuant to subchapter 3

of chapter 107 of Title 18.                                                                $50.00

Sec. 21.  32 V.S.A. § 1751 is amended to read:

§ 1751.  Fees when not otherwise provided

* * *

(b)  Whenever probate, district, environmental, family, or superior court officers and employees or officers and employees of the judicial bureau furnish copies or certified copies of records, the following fees shall be collected for the benefit of the state:

* * *

(5)  For a response to a request for a record of criminal history of a person based upon name and date of birth, $10.00 $30.00.

(6)  For appointment as an acting judge pursuant to 4 V.S.A § 22(b) for the purpose of performing a marriage, $100.00.

However, the fees provided for in this subsection shall not be assessed by these officers and employees in furnishing copies or certified copies of records to any agency of any municipality, state, or federal government or to veterans honorably discharged from the armed forces of the United States, their dependents or beneficiaries, in the prosecution of any claim for benefits from the United States government, or any state agency.


Sec. 22.  32 V.S.A. chapter 7, subchapter 6 is amended to read:

Subchapter 6.  Executive and Judicial Branch Fees

§ 601.  STATEMENT OF PURPOSE

It is the purpose of this subchapter to establish a uniform policy on the creation and review of executive and judicial branch fees, and to require that any such fee be created solely by the general assembly.

§ 602.  DEFINITIONS

* * *

(2)  “Fee”:

(A)  Means a monetary charge by an agency or the judiciary for a service or product provided to, or the regulation of, specified classes of individuals or entities.

* * *

§ 605.   CONSOLIDATED EXECUTIVE BRANCH ANNUAL FEE

              REPORT AND REQUEST

* * *

§ 605a.  CONSOLIDATED JUDICIAL BRANCH FEE REPORT AND

               REQUEST

(a)  The justices of the supreme court or the court administrator if one is appointed pursuant to 4 V.S.A. § 21, in consultation with the justices of the supreme court, shall submit a consolidated judicial branch fee report and request no later than the third Tuesday of the legislative session of 2011 and every three years thereafter.  The report shall be submitted to the house committee on ways and means, the senate committee on finance, and the house and senate committees on government operations.

(b)  A fee report shall contain for each fee in existence on the preceding July 1:

(1)  Its statutory authorization and termination date if any.

(2)  Its current rate or amount and the date this was last set or adjusted by the general assembly or by the joint fiscal committee.

(3)  The fund into which its revenues are deposited.

(4)  The revenues derived from it in each of the two previous fiscal years.

(c)  A fee request shall contain any proposal to:

(1)  Create a new fee, or change, reauthorize, or terminate an existing fee, which shall include a description of the services provided or the function performed.

(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.

(3)  Designate, or redesignate, the fund into which revenue from a fee is to be deposited.

(d)  For the purpose of the review and report, a “fee” shall mean any source of state revenue classified by the department of finance and management accounting system as “fees.”

§ 606.  LEGISLATIVE FEE REVIEW PROCESS; FEE BILL

When the consolidated fee report reports and request is requests are submitted to the general assembly pursuant to section sections 605 and 605a of this title, it they shall immediately be forwarded to the house ways and means committee, which shall consult with other standing legislative committees having jurisdiction of the subject area of a fee contained in the report reports and request requests.  As soon as possible, the ways and means committee shall prepare and introduce a “consolidated fee bill” proposing:

(1)  The creation, change, reauthorization, or termination of any fee.

(2)  The amount of a newly created fee, or change in amount of an existing or reauthorized fee.

(3)  The designation, or redesignation, of the fund into which revenue from a fee is to be deposited.

* * * Department of Buildings and General Services * * *

Sec. 23.  3 V.S.A. § 2476 is amended to read:

§ 2476.  DEPARTMENT OF TOURISM AND MARKETING

(a)  The department of tourism and marketing of the agency is created, as successor to the department of travel.  The department shall be administered by a commissioner.

(b)  The department of tourism and marketing shall be responsible for the promotion of Vermont goods and services as well as the promotion of Vermont’s travel, recreation and cultural attractions through advertising and other informational programs, and for provision of travel and recreation information and services to visitors to the state, in coordination with other agencies of state government, chambers of commerce and travel associations, and the private sector.

(c)  A special fund is established to be administered as provided under subchapter 5 of chapter 7 of Title 32, and to be known as the brochure distribution special fund for the purposes of ensuring that the fees collected under this subsection are utilized to fund travel destination promotion and information at the state’s travel information centers. Revenues to the fund shall be those fees collected for the placement and distribution of brochures of businesses in the state travel information centers and in other locations deemed appropriate by the department.

(d)  The department of tourism and marketing is authorized to accept brochure distribution fees, and to enter into agreements with other state agencies and departments to provide marketing, promotion and advertising services.  On and after July 1, 1997, all departments engaging in marketing activities shall submit to and coordinate marketing plans with the commissioner of the department of tourism and marketing.

(e)(d)  The department shall annually prepare a report, to be included in the report of the agency required by section 2422 of this title, on the status of the Connecticut River valley tourism district, and how it is meeting the goals of the department.


Sec. 24.  29 V.S.A. § 169 is added to read:

§ 169.  BROCHURE DISTRIBUTION FEES

(a)  The department of buildings and general services is authorized to accept brochure distribution fees, and to enter into agreements with other state agencies and departments to provide marketing, promotion, and advertising services.

(b)  A special fund is established to be administered as provided under subchapter 5 of chapter 7 of Title 32, and to be known as the brochure distribution special fund for the purposes of ensuring that the fees collected under this section are utilized to fund travel destination promotion and information at the state’s travel information centers.  Revenues to the fund shall be those fees collected for the placement and distribution of brochures of businesses in the state travel information centers and in other locations deemed appropriate by the department.

(c)  Brochure distribution fees authorized under subsection (a) of this section shall be set by the department and shall be based on the location or locations of distribution, the size of the brochures, and the number of brochures distributed.  The department shall report the details of the fees established under this section every three years pursuant to 32 V.S.A. § 605.


Sec. 25.  32 V.S.A § 603 is amended to read:

§ 603.  FEE CREATION, AMOUNT, AND ADJUSTMENT OF AMOUNT

* * *

(3)  Fees for transcripts, reproductions not covered by subsection 316(d) of Title 1, conferences, forms for commercial use, publications and costs of distribution, advertising, training, charges to attend one-time agency events, and sales of products are hereby authorized, and the following, unless otherwise specified by law, may be set by the department providing the service or product, and shall be reasonably and directly related to their costs, as provided in subdivision (2) of this section:

(A)  transcripts;

(B)  reproductions not covered by subsection 316(d) of Title 1;

(C)  conferences;

(D)  forms for commercial use;

(E)  publications of the department;

(F)  costs of distribution of department materials;

(G)  advertising for department services or products;

(H)  training;

(I)  charges to attend one-time department events; and

(J)  sales of department products.

(4)  Fees collected under this subdivision (3) of this section shall be credited to special funds established and managed pursuant to subchapter 5 of chapter 7 of this title, and shall be available to the charging departments to offset the costs of providing these services or products.  However, for purposes of fees established under this subdivision for copies of public records, the fees shall be calculated as provided in 1 V.S.A. § 316.  These fees shall be reported in accordance with section 605 of this title.

[Sec. 26.  DELETED]

* * * Vermont State Archives * * *

Sec. 27.  32 V.S.A. § 1715(a) is amended to read:

(a)  Upon payment of a $10.00 fee, the commissioner of health or the commissioner of buildings and general services Vermont state archives and records administration 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 the search of the vital records is $3.00 which is credited toward the fee for the first certified copy based upon the search.


* * * Attorney General * * *

Sec. 28.  3 V.S.A. § 163(c)(9) is amended to read:

(9)  Each participant shall pay a fee to the local juvenile court diversion project.  The amount of the fee shall be determined by project officers based upon the financial capabilities of the participant.  The fee shall not exceed $50.00 $150.00.  The fee shall be a debt due from the participant, but shall not be grounds for exclusion from participation in the program.  Fees under this subdivision shall be paid to the court diversion fund and shall be used solely for the purpose of the court diversion program.

* * * Department of Banking, Insurance, Securities, and Health Care Administration * * *

Sec. 29.  9 V.S.A. § 5302(e) is amended to read:

(e)  At the time of the filing of the information prescribed in subsections (a), (b), (c), or (d) of this section, the issuer shall pay to the commissioner a fee of $1.00 for each $1,000.00 of the aggregate amount of the offering of the securities to be sold in this state for which the issuer is seeking to perfect a notice filing under this section, but in no case shall such fee be less than $400.00 nor more than $1,250.00 $600.00.  If the notice filing is withdrawn or otherwise terminated, the commissioner shall retain the fee paid.  Open-end investment companies subject to 15 U.S.C. § 80a-1 et seq. shall pay an initial notice filing fee and annual renewal fee for each portfolio or class of investment company securities for which a notice filing is submitted.

Sec. 30.  9 V.S.A. § 5305(b) is amended to read:

(b)  A person filing a registration statement shall pay a filing fee of $1.00 for each $1,000.00 of the aggregate amount of the offering of the securities to be sold in this state for which the applicant is seeking registration, but in no case shall such fee be less than $400.00 nor more than $1,250.00 $600.00.  Open-end investment companies shall pay a registration fee and an annual renewal fee for each portfolio as long as the registration of those securities remains in effect.  If a registration statement is withdrawn before the effective date or a preeffective stop order is issued under section 5306 of this chapter, the commissioner shall retain the fee.

Sec. 31.  9 V.S.A. § 5410(b) is amended to read:

(b)  The fee for an individual is $55.00 $60.00 when filing an application for registration as an agent, $55.00 $60.00 when filing a renewal of registration as an agent, and $55.00 $60.00 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.

* * * Secretary of State * * *

Sec. 32.  9A V.S.A. § 9-525(a)(1) and (2) are amended to read:

(1)  $20.00 $25.00 if the record is communicated in writing; and

(2)  $20.00 $25.00 if the record is communicated by another medium authorized by filing office rule.

Sec. 33.  11 V.S.A. § 1625(a) is amended to read:

(a)  A person, copartnership, association, limited liability company, or corporation required by the provisions of this chapter to file a return, shall, at the time of filing as provided, pay a registration fee of $40.00 $50.00 to the secretary of state for the benefit of the state.

Sec. 34.  11 V.S.A. § 3013(a)(1), (15), and (16) are amended to read:

(1)  Articles of organization $ 75.00 $ 100.00

(15)  Annual report of a domestic limited liability company 20.00 25.00

(16)  Annual report of a foreign limited liability company 100.00 125.00

Sec. 35.  11A  V.S.A. § 1.22(a)(16) and (17) are amended to read:

(16)  Annual report of a foreign corporation 150.00 175.00

(17)  Annual report of a domestic corporation 25.00 $35.00

[Sec. 36.  DELETED]

Sec. 37.  23 V.S.A. § 4(78) is added to read:

(78)  “Enhanced license” shall mean an operator’s license, commercial driver license, junior operator’s license, or nondriver identification card that denotes identity and citizenship, and includes facilitative technology identified by the Department of Homeland Security.


Sec. 38.  23 V.S.A. § 102(d) is amended to read:

(d)  The commissioner may authorize background investigations for potential employees that may include criminal, traffic, and financial records checks; provided, however, that the potential employee is notified and has the right to withdraw his or her name from application.  Additionally, employees who are authorized to manufacture or produce operators’ licenses and identification cards, including enhanced licenses, may be subject to appropriate security clearance if required by federal law, including background investigations that may include criminal and traffic, records checks, and providing proof of United States citizenship.  The commissioner may, in connection with a formal disciplinary investigation, authorize an appropriate a criminal or traffic record background investigation of a current employee; provided, however, that the background review is necessary and relevant to the issue under disciplinary investigation.  Information acquired through a background the investigation that may be shall be provided to the commissioner or designated division director, and must be maintained in a secure manner.  If the information acquired is used as a basis for any disciplinary action, it must be given to the employee during any pre‑termination hearing or contractual grievance hearing to allow the employee an opportunity to respond to or dispute the information.  If no disciplinary action is taken against the employee, the information acquired through the background check shall be destroyed.
* * * Department of Motor Vehicles * * *
Sec. 39.  23 V.S.A. § 7 is added to read: 
§ 7.  ENHANCED DRIVER LICENSE; MAINTENANCE OF DATABASE
        INFORMATION; FEE
(a)  The face of an enhanced license shall contain the individual’s name, date of birth, gender, a unique identification number, full facial photograph or imaged likeness, address, signature, issuance and expiration dates, and citizenship.  The back of the enhanced license shall have a machine-readable zone.  A Gen 2 vicinity Radio Frequency Identification chip shall be embedded in the enhanced license in compliance with the security standards of the Department of Homeland Security.

(b)  In addition to any other requirement of law or rule, before an enhanced license may be issued to a person, the person shall present for inspection and copying satisfactory documentary evidence to determine identity and United States citizenship.  An application shall be accompanied by:  a photo identity document, documentation showing the person’s date and place of birth, proof of the person’s Social Security number, and documentation showing the person’s principal residence address.  To be issued, an enhanced license must meet the same requirements as those for the issuance of a United States passport.  Before an application may be processed, the documents and information shall be verified as determined by the commissioner.

(c)  No person shall compile or maintain a database of electronically readable information derived from an operator’s license, junior operator’s license, enhanced license, learner permit, or nondriver identification card.  This prohibition shall not apply to a person who accesses, uses, compiles, or maintains a database of the information for law enforcement or governmental purposes.

(d)  The fee for an enhanced license shall be $25.00 in addition to the fees otherwise established by this title.

Sec. 40.  23 V.S.A. § 601(a) is amended to read:

(a)  A resident who intends to operate motor vehicles shall procure a proper license.  A resident who has moved into the state from another jurisdiction with a valid license to operate motor vehicles under section 411 of this title shall procure a license within 60 days of moving into the state.  Operators’ licenses shall not be issued to nonresidents.  All operator licenses issued under this chapter shall expire every four years at midnight on the eve of the anniversary of the date of birth of the applicant at the end of the term for which they were issued.  All junior operator licenses shall expire at midnight on the eve of the anniversary of the date of birth of the applicant at the end of the term for which they were issued.  A person born on February 29 shall, for the purposes of this section, be considered as born on March 1. 

Sec. 41.  REPEAL

The following in Title 23 are repealed:

(1)  § 618 (anatomical gifts); and

(2)  § 4111(a)(10) (commercial driver license form regarding anatomical gifts).

Sec. 42.  18 V.S.A. § 5238(3) is amended to read:

(3)  “Document of gift” means an organ donor card, a statement attached to or imprinted on the reverse side of a Vermont motor vehicle operator’s license, a will, or other writing used to make an anatomical gift.

Sec. 43.  18 V.S.A. § 5239 is amended to read:

§ 5239.  MAKING, AMENDING, REVOKING, AND REFUSING TO
               MAKE ANATOMICAL GIFTS BY AN INDIVIDUAL

(a)  An individual who is at least 18 years of age may:

(1)  Make an anatomical gift for any of the purposes stated in

section 5242 of this title.

(2)  Limit an anatomical gift to one or more of those purposes.

(3)  Refuse to make an anatomical gift.

(b)  An anatomical gift may be made only by a document of gift signed by the donor.  If the donor cannot sign, the document of gift must be signed by another individual and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and state that it has been so signed.

(c)  If a document of gift is attached to or imprinted on a donor’s motor vehicle operator’s license, the document of gift must comply with subsection (b) of this section. Revocation, suspension, expiration or cancellation of the license does not invalidate the anatomical gift.

(d)  An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated.  If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

(e)(d)  A donor may amend or revoke an anatomical gift, not made by will, only by one of the following methods:

(1)  A signed statement.

(2)  An oral statement made in the presence of two individuals.

(3)  Any form of communication during a terminal illness or injury addressed to a physician.

(4)  The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

(f)(e)  The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (e)(d) of this section.

(g)(f)  An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor’s death.

(h)(g)  An individual may refuse to make an anatomical gift of the individual’s body or part by any one either of the following:

(1)  A writing signed in the same manner as a document of gift.

(2)  A statement attached to or imprinted on the donor’s Vermont motor vehicle operator’s license.

(3)  Any other writing used to identify the individual as refusing to make an anatomical gift.  During a terminal illness or injury, the refusal may be an oral statement or other form of communication. 

Sec. 44.  AUTHORITY FOR LIMITED SERVICE POSITIONS FOR THE
               DEPARTMENT OF MOTOR VEHICLES

Three limited service positions are created within the department of motor vehicles.  These shall be used for the administration of the enhanced license program and shall be for a period of three years. 

Sec. 45.  EFFECTIVE DATES

This act shall take effect July 1, 2008, except for:

(1)  Sec. 13, which shall take effect April 1, 2009; and

(2)  Sec. 39, which shall not take effect until the commissioner of motor vehicles determines that the systems necessary to operate the program are available.

Approved:  May 20, 2008



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us