An Act Relating to Executive Branch Fees

SENATE PROPOSAL OF AMENDMENTH.294

2007 Page 1

H.294

An act relating to executive branch fees

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

* * * Department of Health * * *

First: By adding two new sections to be numbered Secs. 11a and 11b to read as follows:

Sec. 11a. 18 V.S.A. § 1752(c) is amended to read:

(c) The commissioner shall certify risk assessors, designers, laboratories, inspectors, lead-safe renovation contractors, lead contractors, supervisors, abatement workers, and other persons engaged in lead-based paint activities when such persons have successfully completed an accredited training program and met such other requirements as the secretary may, by rule, impose.

Sec. 11b. 18 V.S.A. § 1753 is amended to read:

§ 1753. ACCREDITATION AND LICENSE FEES

(a) The commissioner shall assess fees for accrediting training programs and for certifications, licenses, and license renewals issued in accordance with this chapter. Fees shall not be imposed on any state or local government or nonprofit training program and may be waived for the purpose of training state employees.

(b) Each accredited training program and licensee shall be subject to the following fees:

Training courses $400.00$480.00 per year

Lead contractors $500.00$600.00 per year

Lead workers $ 50.00$60.00 per year

Supervisors $100.00$120.00 per year

Inspectors $150.00$180.00 per year

Risk assessors $150.00$180.00 per year

Designers $150.00$180.00 per year

Laboratories $500.00$600.00 per year

Lead-safe renovation contractors$50.00 per year

(1) Lead abatement permit fee$50.00

(2) Lead abatement permit revision$25.00

(d) Fees imposed by this section shall be deposited into the lead paint abatement accreditation and licensing special fund. Monies in the fund may be used by the commissioner only to support departmental accreditation, certification, and licensing activities related to this chapter. The fund shall be subject to the provisions of subchapter 5 of chapter 7 of Title 32.

* * * Department of Labor * * *

Second: By adding a new section to be numbered Sec. 22a to read as follows:

Sec. 22a. 33 V.S.A. § 504(a)(2) is amended to read:

(2) Federally funded vocational rehabilitation and independent living services for persons with disabilities in accordance with the Rehabilitation Act. The division of vocational rehabilitation may contract with clients at up to $51.00 per year per employee, or may charge up to $70.00 per hour, for services rendered by the employee assistance program. The division shall charge $160.00 for each injured worker screening defined in the department of labor rules. Fees shall be retained by the division.

* * *BISHCA* * *

Third: By striking out Sec. 23 in its entirety and inserting in lieu thereof a new Sec. 23 to read as follows:

Sec. 23. 9 V.S.A. § 5302 is amended to read:

§ 5302. NOTICE FILING

(a) With respect to a federal covered security, as defined in 15U.S.C. §77r(b)(2), that is not otherwise exempt under sections 5201 through 5203 of this chapter, a rule adopted or an order issued under this chapter may require the filing of any or all of the following records:

(1) before the initial offer of a federal covered security in this state, all records that are part of a federal registration statement filed with the Securities and Exchange Commission under 15 U.S.C. § 77a et seq. and a consent to service of process complying with section 5611 of this chapter signed by the issuer and the payment of a registration fee as set forth in subsection (d)(e) of this section;

(2) after the initial offer of the federal covered security in this state, all records that are part of an amendment to a federal registration statement filed with the Securities and Exchange Commission under 15 U.S.C. § 77a et seq.; and

(3) to the extent necessary or appropriate to compute fees, a report of the value of the federal covered securities sold or offered to persons present in this state in such form and at such time as the commissioner may prescribe if the statespecific sales data are not included and available in records filed with the Securities and Exchange Commission.

(b) A notice filing under subsection (a) of this section is effective for one year from the date the notice filing is accepted as complete by the office of the commissioner. On or before expiration, the issuer may renew a notice filing by filing a copy of those records filed by the issuer with the Securities and Exchange Commission that are required by rule or order under this chapter to be filed and by paying an annual renewal fee as set forth in subsection (d)(e) of this section. A previously filed consent to service of process complying with section 5611 of this chapter may be incorporated by reference in a renewal. A renewed notice filing becomes effective upon the expiration of the filing being renewed.

(c) With respect to a security that is a federal covered security under 15U.S.C. § 77r(b)(4)(D), a rule under this chapter may require a notice filing by or on behalf of an issuer to include a copy of Form D, including the Appendix, as promulgated by the Securities and Exchange Commission, and a consent to service of process complying with section 5611 of this chapter signed by the issuer not later than 15 days after the first sale of the federal covered security in this state and the payment of a fee as set forth in subsection (d)(e) of this section.

(d) Subject to the provisions of 15 U.S.C. §77r(c)(2) and any rules adopted thereunder, with respect to any security that is a federal covered security under 15U.S.C. § 77r(b)(3) or (4)(A)–(C) and that is not otherwise exempt under sections 5201–5203 of this chapter, a rule adopted or order issued under this chapter may require any or all of the following with respect to such federal covered securities, at such time as the commissioner may deem appropriate:

(1) the filing of documents as deemed appropriate by the commissioner;

(2) the filing of a consent to service of process complying with section 5611 of this chapter; and

(3) the payment of fees as set forth in subsection (e) of this section, including but not limited to fees for renewal of a notice filing, as appropriate. The notice filing shall be effective for one year from the date the notice filing is accepted as complete by the office of the commissioner.

(e) At the time of the filing of the information prescribed in subsections (a), (b), or (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. If the notice filing is withdrawn or otherwise terminated, the commissioner shall retain the fee paid. Openend investment companies subject to 15 U.S.C. § 80a1 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.

(e)(f) Nothing in this section shall be construed to require the notice filing or payment of notice filing fees with respect to variable annuities or variable life insurance products.

(f)(g) Except with respect to a federal covered security under 15 U.S.C.

§ 77r(b)(1), if the commissioner finds that there is a failure to comply with a notice or fee requirement of this section, the commissioner may issue a stop order suspending the offer and sale of a federal covered security in this state. If the deficiency is corrected, the stop order is void as of the time of its issuance and no penalty may be imposed by the commissioner.

Fourth: In Sec. 26 by striking out all after the first sentence and inserting in lieu thereof: “The tuition shall be $175.00.” and by adding a new Sec. 26a to read as follows:

Sec. 26a. 10 V.S.A. §4132(e) is amended to read:

(e) The commissioner, subject to the direction and approval of the secretary, shall adopt and publish regulations in the name of the agency for reasonable fees or charges for the use of the lands, roads, buildings, and other property, and the use of a tuition for the Green Mountain Conservation Camps, notwithstanding 32 V.S.A. § 603. Fees collected for the use of fish and wildlife lands and properties shall be deposited in the fish and wildlife fund.

* * * DEC * * *

Fifth: By striking out Secs. 30a in its entirety and inserting in lieu thereof a new section to be numbered Sec. 30a to read as follows:

Sec. 30a. 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 (j)(2)(A)(iii) of this section when the municipality agrees to become an applicant or co-applicant for an orphan stormwater system under section 1246c 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.

* * * VermontCriminalInformationCenter * * *

Sixth: By adding a new section to be numbered Sec. 33b to read as follows:

Sec. 33b. 20 V.S.A. § 2063 is amended to read:

§ 2063. CRIMINAL HISTORY RECORD FEES; CRIMINAL HISTORY

RECORD CHECK FUND

* * *

(b) Requests made by criminal justice agencies for criminal justice purposes or other purposes authorized by state or federal law shall be exempt from all record check fees. The following types of requests shall be exempt from the Vermont criminal record check fee:

* * *

(4) Requests made by the Vermont state housing authority and other public housing authorities pursuant to 24 V.S.A § 4010(c).

* * *

* * * Agency of Transportation * * *

Seventh: By adding two new sections to be numbered Secs. 33c and 33d to read as follows:

Sec. 33c. 23 V.S.A. § 3502(b) is amended to read:

(b) An all-terrain vehicle registration shall become void two years from the first day of the month following the month of issue The provisions of section 305 of this title shall apply to a registration, except the registration of a vehicle registered under subsection 3504(b) of this title shall become void on the last day of February next following the date of issue. The provisions of section 305 of this title shall apply to a registration.

Sec. 33d. 23 V.S.A. § 3504(a) is amended to read:

§ 3504. REGISTRATION FEES AND PLATES

(a) The registration fee for all-terrain vehicles other than as provided for in subsection (b) of this section is $35.00$25.00. Duplicate registration certificates may be obtained upon payment of $5.00 to the department.

* * * Department of Corrections * * *

Eighth: By adding a new section to be numbered Sec. 33e to read as follows:

Sec. 33e. 28 V.S.A. § 102(c) is amended to read:

* * *

(21) The commissioner is authorized to contract for payment processing services for receiving deposits to inmate financial accounts. The department, directly or through a processing agent, may assess a fee for deposits to each account so long as the fee does not exceed the costs incurred.

* * * Town Clerk Fees * * *

Ninth: By adding a new section to be numbered Sec. 33f to read as follows:

Sec. 33f. 32 V.S.A. § 1712(5) is amended to read:

(5) $9.50 for each certified copy of birth, death, civil union, or marriage certificateFees for vital records shall be equivalent to those received by the commissioner of health or the commissioner of buildings and general services pursuant to subsection 1715(a) of this title.

* * * Judiciary * * *

Tenth: By adding three new sections to be numbered Secs. 33g, 33h, and 33i to read as follows:

Sec. 33g. 4 V.S.A. § 1105(b) is amended to read:

(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 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. 33h. 4 V.S.A. § 1109(b) is added to read:

(b) A judicial bureau judgment shall provide notice that a $15.00 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. 33i. DEBT COLLECTION BY JUDICIARY

The court administrator is authorized to send a notice to defendants who have failed to pay judicial bureau and district court judgments issued prior to September 25, 2006 to inform them of the judiciary’s intent to collect the debt through any authorized means, and that the debt will be subject to procedures for tax setoffs under 32 V.S.A. § 5941. Concurrent with providing the notice to the debtor, the judiciary shall assess a $10.00 collection fee which shall be added to the judgment amount and deposited in the court technology special fund established pursuant to section 27 of this title. If the defendant satisfies the judgment within 20 days, the fee shall be waived. The court administrator may charge the cost of preparing and sending the notice against revenues collected in this effort. This authorization shall expire on June 30, 2009.

Eleventh: By adding a new Sec. 33j to read as follows:

Sec. 33j. SPECIAL COMMEMORATIVE LICENSE PLATES

(a) Legislative intent. The general assembly intends this section to allow the design, purchase, sale, and display of specialty motor vehicle license plates commemorating an organization or special interest.

(b) Authority.Organizations are authorized to design, produce, purchase, distribute, and sell commemorative motor vehicle plates as described in subsection (a) of this section. Plates shall not be produced, sold, distributed, or displayed unless approved by the commissioner of the department of motor vehicles. An organization applying for a special plate under this subsection shall present the commissioner with a name and emblem that is not obscene, offensive, or confusing to the general public and does not promote, advertise, or endorse a product, brand, or service provided for sale, or promote any specific religious belief or political party. The organization's name and emblem must not infringe or violate trademarks, trade names, service marks, copyrights, or other proprietary or property rights, and the organization must have the right to use the name and emblem. An organization may have only one design, regardless of the number of individual organizational units within the state. Requests which are received during the course of the calendar year will be approved for distribution in the following calendar year.

(c) Fee. Pursuant to 32V.S.A.§ 603, the commissioner may set and charge a fee to each organization applying for a specialty plate under subsection (b) of this section.

(d) Use.Residents of the state of Vermont may display one approved commemorative plate on the front of any registered motor vehicle. The commemorative plates shall not replace regular registration plates, nor are they required to be displayed on a motor vehicle. The commemorative plate may be displayed on a motor vehicle registered as a pleasure car or a motor truck registered for less than 26,001 pounds, excluding vehicles registered under the International Registration Plan by covering the front registration plate with the commemorative plate for the period January 1 of the year issued through December 31 of the following year. The regular front registration plate shall not be removed. The rear registration plate shall be in place and clearly visible at all times.

(e) Price.The retail price shall be established by the issuing organization.

Twelfth: By adding a new Sec. 33k to read as follows:

Sec. 33k. 28 V.S.A. § 801 is amended to read:

§ 801. MEDICAL CARE OF INMATES

* * *

(d) The department is authorized to deduct a fee of up to $5.00 from inmate accounts for each request for sick call by an inmate. This fee shall not be imposed for scheduled medical interventions or follow-ups. The department shall establish a sliding scale for indigent inmates based on the balance in their accounts. The fee shall be deposited in a special fund administered pursuant to subchapter 5 of chapter 7 of Title 32, to be used only for costs related to providing medical services.

(e) Before enacting a fee system pursuant to subsection (d) of this section, the department shall, in consultation with the department of health, review alternative strategies for distinguishing between inmates inappropriately using the department’s healthcare system and those with legitimate healthcare needs.

(f) The department shall establish and maintain policies for the delivery of health care in accordance with the above standards in this section.

Thirteenth: By adding a new Sec. 33l to read as follows:

Sec. 33l. 32 V.S.A. § 1671(a)(6) is amended to read:

(6) ForNotwithstanding 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 $7.00$8.00 per page shall be charged;

Fourteenth: By striking out Sec. 34 in its entirety and inserting in lieu thereof a new Sec. 34 to read as follows:

Sec. 34. EFFECTIVE DATES

(a) This section and Secs.1, 9, 22a, 23, 24, 25, and 33e shall take effect on passage.

(b) Secs. 26, 27, 28, and 29 shall take effect on January 1, 2008.