Executive and Judicial Branch Fees

V.S.A. tit. 32, ch. 7, subch. 6

in effect

32 V.S.A. § 601 Statement of purpose

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. Added 1995, No. 186 (Adj. Sess.), § 31, eff. May 22, 1996; amended 2007, No. 153 (Adj. Sess.), § 22.

32 V.S.A. § 602 Definitions

602. Definitions As used in this subchapter: (1) “Agency” or “State agency” means any Executive Branch agency, department, or entity created by Title 3 and any board, commission, council, or similar entity attached to an Executive Branch agency, department, or entity. (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. (B) The following charges are exempt from the provisions of this subchapter: (i) a charge established under the jurisdiction of the Public Utility Commission as provided by 30 V.S.A. §§ 20, 21, and 218; (ii) a charge established by the Board of Liquor and Lottery 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) a charge established by the Department of Financial Regulation as authorized by law; and (ix) any other charge exempt by law. Added 1995, No. 186 (Adj. Sess.), § 31, eff. May 22, 1996; amended 1997, No. 59, § 1, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 1; 2005, No. 175 (Adj. Sess.), § 43; 2007, No. 153 (Adj. Sess.), § 22; 2007, No. 174 (Adj. Sess.), § 30; 2013, No. 72, § 31; 2015, No. 149 (Adj. Sess.), § 34; 2019, No. 73, § 41.

32 V.S.A. § 603 Fee creation, amount, and adjustment of amount

603. Fee creation, amount, and adjustment of amount On or after May 22, 1996: (1) Any new fee shall be established solely by act of the General Assembly, which shall designate the service or product provided, or regulatory function performed, for which the fee is to be charged. (2) The rate or amount of, or adjustment to, any fee shall be set by act of the General Assembly, except that the rate or amount, whether established by statute or rule, shall be adjusted by action of the Joint Fiscal Committee, if projected revenues, as demonstrated by the agency head proposing the adjustment, are reasonably related to the cost of providing the associated service or product or performing the regulatory function. “Cost” shall be narrowly construed but may include reasonable and directly related costs of administration, maintenance, and other expenses due to providing the service or product or performing the regulatory function. If submitted to the Joint Fiscal Committee, a requested fee adjustment shall be considered approved unless within 30 days of its receipt a member of the Joint Fiscal Committee requests that it be placed on the agenda of the Joint Fiscal Committee or, when the General Assembly is in session, requests that it be submitted for legislative approval. The provisions of this subdivision shall not be construed to supersede the actual cost charges for copies of public records as established pursuant to 1 V.S.A. § 316. (3) Fees for 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 1 V.S.A. § 316(d); (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 subdivision (3) of this section shall be credited to special funds established and managed pursuant to chapter 7, subchapter 5 of this title, and shall be available to the charging departments to offset the costs of providing 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. Added 1995, No. 186 (Adj. Sess.), § 31, eff. May 22, 1996; amended 1997, No. 59, § 2, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 2; 2007, No. 153 (Adj. Sess.), § 25.

32 V.S.A. § 604 Repealed. 2019, No. 59, § 38, as amended by 2021, No. 184 (Adj. Sess.), § 57, eff. July 1, 2025.

32 V.S.A. § 605 Consolidated Executive Branch annual fee report and request

605. Consolidated Executive Branch annual fee report and request (a) The Governor shall, not later than the third Tuesday of every annual legislative session, submit a consolidated Executive Branch fee report and request to the General Assembly, which shall accompany the Governor’s annual budget report and request submitted to the General Assembly as required by section 306 of this title. The content of each annual report and request for fees concerning State agency public records maintained pursuant to 1 V.S.A. chapter 5, subchapter 3 shall be prepared by the Secretary of State, who shall base all recommended fee amounts on “actual cost.” The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section. (b) Fee reports shall be made as follows: (1) A report covering all fees in existence on the prior July 1 within the areas of government identified by the Department of Finance and Management accounting system as “general government,” “labor,” “general education,” “commerce and community development,” and “transportation” shall be submitted by the third Tuesday of the legislative session beginning in 2011 and every three years thereafter. (2) A report covering all fees in existence on the prior July 1 within the “human services” and “natural resources” areas of government shall be submitted by the third Tuesday of the legislative session of 2012 and every three years thereafter. (3) A report covering all fees in existence on the prior July 1 within the “protection to persons and property” area of government shall be submitted by the third Tuesday of the legislative session of 2013 and every three years thereafter. (c) 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; and (5) whether the Governor recommends the fee be altered, reauthorized, or terminated. (d) 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 or product provided or the regulatory 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; and (F) other considerations. (3) Designate, or redesignate, the fund into which revenue from a fee is to be deposited. (e) As used in the review and reports, a “fee” shall mean any source of State revenue classified by the Department of Finance and Management Accounting System as “fees,” “business licenses,” “nonbusiness licenses,” and “fines and penalties.” In addition, the Department of Finance and Management shall identify any of the other State revenue sources that function in fact as a “fee” and reclassify them as fees. (f) [Repealed.] Added 1995, No. 186 (Adj. Sess.), § 31, eff. May 22, 1996; amended 1997, No. 59, §§ 3a, 4, eff. June 30, 1997; 2005, No. 202 (Adj. Sess.), § 23b; 2007, No. 153 (Adj. Sess.), § 22; 2007, No. 174 (Adj. Sess.), § 29; 2009, No. 134 (Adj. Sess.), § 34; 2013, No. 72, § 36; 2013, No. 142 (Adj. Sess.), § 61; 2013, No. 191 (Adj. Sess.), § 22; 2021, No. 105 (Adj. Sess.), § 456, eff. July 1, 2022; 2025, No. 18, § 54, eff. May 13, 2025.

32 V.S.A. § 605a Consolidated Judicial Branch 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 not 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. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. (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; and (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; and (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.” (e) Notwithstanding any other provision of law, the consolidated Judicial Branch fee report and request described in this section shall include any Judicial Branch fees associated with electronic filing and any proposals to reauthorize, change, or terminate any Judicial Branch fees associated with electronic filing. Added 2007, No. 153 (Adj. Sess.), § 22; amended 2013, No. 142 (Adj. Sess.), § 62; 2021, No. 23, § 1, eff. July 1, 2022.

32 V.S.A. § 606 Legislative fee review process; fee bill

606. Legislative fee review process; fee bill When the consolidated fee reports and requests are submitted to the General Assembly pursuant to sections 605, 605a, and 611 of this title, they shall immediately be forwarded to the House Committee on Ways and Means, which shall consult with other standing legislative committees having jurisdiction of the subject area of a fee contained in the reports and requests. As soon as possible, the Committee on Ways and Means 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. Added 1995, No. 186 (Adj. Sess.), § 31, eff. May 22, 1996; amended 2007, No. 153 (Adj. Sess.), § 22; 2017, No. 155 (Adj. Sess.), § 2.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/32/007Fetched: 10/21/2026