The Vermont Statutes Online

Title 32 : Taxation and Finance

Chapter 007 : The Public Monies

Subchapter 006 : Executive and Judicial Branch Fees

• § 605a. Consolidated Judicial Branch fee report and request

  [Subsection (a) effective until July 1, 2022; see also subsection (a) effective July 1, 2022 set out below.]

  (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. 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.

  [Subsection (a) effective July 1, 2022; see also subsection (a) effective until July 1, 2022 set out above.]

  (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.”

  [Subsection (e) effective July 1, 2022.]

  (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.)