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BILL AS PASSED BY HOUSE 2007-2008

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H.436

AN ACT RELATING TO MISCELLANEOUS AMENDMENTS TO LOCAL ELECTION AND MUNICIPAL GOVERNMENT LAWS

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

Sec. 1.  17 V.S.A. § 2456 is amended to read:

§ 2456.  DISQUALIFICATIONS

Notwithstanding the preceding sections of this subchapter, no person shall serve as an election official in any election in which his or her name appears on a ballot of the Australian ballot system as a candidate for any office unless he or she is the only candidate for that office, or unless the office for which he or she is a candidate is that of moderator, justice of the peace, town clerk,

clerk-treasurer, treasurer, ward clerk, or inspector of elections.  When an Australian ballot is not used, a person shall not serve as an election official during the election to fill any office for which he or she is a nominee.  For the purpose of this section, "clerk-treasurer" means a person who is a candidate for the offices of town clerk and town treasurer at the same time.

Sec. 1a.  17 V.S.A. § 2402(d) is amended to read:

(d)  A statement of nomination and a completed and signed consent form shall be filed not later sooner than the time for filing the statements petitions prescribed in section 2386 2356 of this title and not later than the time for filing the statements prescribed in section 2386 of this title. No public official receiving nominations shall accept a petition unless a completed and signed consent form is filed at the same time.

Sec. 2.  17 V.S.A. § 2494 is amended to read:

§ 2494.  CONSTRUCTION WITH OTHER LAWS

Except as this subchapter affects the method of registering votes and ascertaining the result, the laws of this state pertaining to elections shall be applicable.  The laws pertaining to early or absentee voters shall in no way be affected by this subchapter, and votes cast by early or absentee voters shall be counted with votes registered on voting machines.  In towns using voting machines, the board of civil authority may vote to open polling places at 5:00 a.m., provided that at least three elections officials are present, two of whom are from different parties, solely for the purpose of checking voters who voted by early voter absentee ballot off the checklist and depositing the ballots into the ballot box or voting machine.  If all early voter absentee ballots have not been deposited into the voting machines before the closing of the polls at 7:00 p.m., the elections officials shall continue to deposit ballots using the same procedure as provided in subsection 2561(b) of this title, treating each ballot as a voter waiting to cast his or her ballot at the close of the polls.

Sec. 2a.  17 V.S.A. § 2561(a) is amended to read:

(a)  At all elections using the Australian ballot system, the polls shall may open no earlier than 5:00 a.m. and shall open no later than 10:00 a.m. as set by the board of civil authority in each town unless the board of civil authority has elected to open the polls earlier than 6:00 a.m. as provided in section 2494 of this title.  The polls in all polling places shall close at 7:00 p.m.

Sec. 3.  17 V.S.A. § 2640(c) is amended to read:

(c)  In a town which starts its annual meeting on any day before the first Tuesday in March and which uses the Australian ballot system, Notwithstanding section 2508 of this title, public discussion of ballot issues and all other issues appearing in the warning, other than election of candidates, shall be permitted on that day at the annual meeting, regardless of the location of the polling place.

Sec. 4.  17 V.S.A. § 2664 is amended to read:

§ 2664.  BUDGET

A town shall vote such sums of money as it deems necessary for the interest of its inhabitants and for the prosecution and defense of the common rights.  It shall express in its vote the specific amounts, or the rate on a dollar of the grand list, to be appropriated for laying out and repairing highways and for other necessary town expenses.  If a town votes specific amounts in lieu of a rate on a dollar of the grand list, the selectmen selectboard shall, after the grand list book has been computed and lodged in the office of the town clerk, set the tax rate necessary to raise the specific amounts voted.  The selectboard may apply for grants and may accept and expend grants or gifts above those which are approved in the town budget.  The selectboard shall include, in its annual report, a description of all grants or gifts accepted during the year and associated expenditures.

Sec. 5.  17 V.S.A. § 2680(g) is amended to read:

(g)  Whenever a municipality has voted to adopt the Australian ballot system of voting on any public question or budget, except the budget revote as provided in subsection (c) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 10 days in advance of the hearing in at least two public places within the municipality and in the town clerk's office.  The hearing shall be held within the 10 days preceding the meeting at which the Australian ballot system is to be used.  The hearing under this subsection may be held in conjunction with the meeting held under subsection 2640(c), in which case the moderator shall preside.

Sec. 6.  24 V.S.A. § 871 is amended to read:

§ 871.  ORGANIZATION OF SELECTMEN SELECTBOARD;

             APPOINTMENTS

Forthwith after their election and qualification, the selectmen selectboard shall organize and elect a chairman chair and, if so voted, a clerk from among their number, and file a certificate of such election for record in the office of the town clerk.  Such selectmen shall The selectboard shall thereupon appoint from among the legally qualified voters a tree warden and may thereupon appoint from among the legally qualified voters the following officers who shall serve until their successors are appointed and qualified, and shall certify such appointments to the town clerk who shall record the same:

(1)  Three fence viewers;

(2)  A poundkeeper, for each pound; voting residence in the town need not be a qualification for this office provided appointee gives his or her consent to the appointment;

(3)  One or more inspectors of lumber, shingles and wood; and

(4)  One or more weighers of coal; and

(5)  A tree warden.

* * *

Sec. 7.  24 V.S.A. § 4442(c) is amended to read:

(c)  Routine adoption.

(1)  A bylaw, amendment, or repeal shall be adopted by a majority of the members of the legislative body at a meeting that is held after the final public hearing, and shall be effective 21 days after adoption unless, by action of the legislative body, the bylaw, amendment, or repeal is warned for adoption by the municipality by Australian ballot at a special or regular meeting of the municipality.

(2)  However, a rural town with a population of fewer than 2,500 persons, by action of the legislative body or by vote of that town at a special or regular meeting duly warned on the issue, may elect to require that bylaws, bylaw amendments, or bylaw repeals shall be adopted by vote of the town by Australian ballot at a special or regular meeting duly warned on the issue.  That procedure shall then apply until rescinded by the voters at a regular or special meeting of the town.

Sec. 8.  32 V.S.A. § 1671(a)(6) is amended to read:

(6)  Notwithstanding any other provision of law to the contrary, for the recording or filing, or both, of any document that is to become a matter of public record in the town clerk's office, or for any certified copy of such document, a fee of $8.00 per page shall be charged; except that for the recording or filing, or both, of a property transfer return, a fee of $8.00 shall be charged;

Sec. 9.  32 V.S.A. § 4774(b) is amended to read:

(b)(1)  The treasurer or collector shall deposit to the general fund any tax overpayment by a taxpayer who has paid by mail or electronic fund transfer, provided that:

(1)(A)  the payment made was equal to the taxes due without regard to the discount under section 4773 of this title; and

(2)(B)  the overpayment amount is $2.00 $10.00 or less.

(2)  If the taxpayer requests refund of such an overpayment within one year of payment, the treasurer or collector shall refund it.

Sec. 10.  32 V.S.A. § 5137 is amended to read:

§ 5137.  RECORDING DELINQUENT PAYMENTS

A collector of taxes for a town or municipality within it shall receipt for every payment made to the collector on account of delinquent taxes.  Such receipt shall be written in triplicate in a bound book or other permanent record purchased at the expense of the municipality and shall indicate the date of the payment, the name of the person making the payment, the name of the person against whom was assessed the tax on which the payment is to be applied, the year in which such tax was assessed and if a partial payment on an annual tax bill, whether applied on poll, personal property or real estate taxes.  Such collector shall detach and deliver the original receipt forthwith to the person making the payment and one copy thereof within 30 days to the town clerk who shall keep such copy on file.  Such collector shall purchase at the expense of the municipality for which the collector is acting a sufficient number of such bound triplicate receipt books having the sets of originals and copies consecutively numbered.  Annually, on or before February 5, the collector shall deliver to the auditors of each municipality for which the collector is acting all such bound volumes in which entries pertaining to such municipality have been made during the year ending January 31 next preceding, and the auditors shall audit the books forthwith and after the completion of audit shall return such books to such collector.

Sec. 11.  EFFECTIVE DATE

Sec. 1a shall take effect upon passage.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us