reglab/housing_qa huggingface dataset:
32 V.S.A. § 604
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 604. Electric vehicle supply equipment fees

§ 604. Electric vehicle supply equipment fees|Notwithstanding any other provision of this subchapter, any agency or department that owns or controls electric vehicle supply equipment, as defined in 30 V.S.A. § 201, may establish, set, and adjust fees for the use of that electric vehicle supply equipment. The agency or department may establish fees for electric vehicle charging at less than its costs, to cover its costs, or equal to the retail rate charged for the use of electric vehicle supply equipment available to the public. Fees collected under this section shall be deposited in the same fund or account within a fund from which the electric operating expense for the electric vehicle supply equipment originated. (Added 2019, No. 59, § 37; repealed on July 1, 2022 by 2019, No. 59, § 38.)
32 V.S.A. § 606
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 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.)
32 V.S.A. § 611
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 611. Consolidated town fee report and request

§ 611. Consolidated town fee report and request|(a) As used in this section:  (1) "Cost" shall be narrowly construed, and 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. (2) "Fee" means a monetary charge collected by or on behalf of a town for a service or product provided to, or the regulation of, specified classes of individuals or entities. (3) "Town" means a town, city, unorganized town or gore, and the unified towns and gores in Essex County.   (b) On or before the third Tuesday of the legislative session of 2019 and every three years thereafter, the Vermont Municipal Clerks' and Treasurers' Association and the Vermont League of Cities and Towns shall jointly submit a consolidated town fee report and request. 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.(c) For each fee in existence on the preceding July 1, the report shall specify:  (1) its statutory authorization and termination date, if any; (2) its current rate or amount and the date it was last set or adjusted by the General Assembly; (3) the fund into which its revenues are deposited; and (4) for each town, in each of the two previous fiscal years, the revenues derived from each fee.   (d) The report shall contain:  (1) an account of the amounts retained and spent from each town's Restoration and Preservation Reserve Fund in the three prior fiscal years; and (2) a summary of each town's plan to digitize records using funds appropriated from the town's Restoration and Preservation Reserve Fund.   (e) 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; (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. (Added 2017, No. 155 (Adj. Sess.), § 3; amended 2019, No. 38, § 1.)
32 V.S.A. § 621
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 621. Statement of purpose

§ 621. Statement of purpose|It is the purpose of this subchapter to establish a procedure by which the pension benefits of a public employee convicted of certain crimes may be forfeited. Honorable public service is a condition precedent for a public employee to receive retirement benefits, and any public employee who is convicted of any of the designated crimes relating to his or her public office shall be considered to have served dishonorably, and his or her retirement benefits may be subject to forfeiture. (Added 2013, No. 2, § 1.)
32 V.S.A. § 622
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 622. Definitions

§ 622. Definitions|As used in this subchapter:  (1) "Contribution" shall have the same meaning as "accumulated contribution" set forth in 3 V.S.A. § 455(a)(1), 16 V.S.A. § 1931(1), and 24 V.S.A. § 5051(1), and shall include the sum of all amounts deducted from the compensation of a member of any defined contribution plan under 3 V.S.A. § 500 or 24 V.S.A. § 5070, and any earnings or losses on those contributions, and the sum of all amounts deducted from the compensation of a member of any other retirement plan of a municipality authorized under the Internal Revenue Code, 26 U.S.C. § 401, and any earnings or losses on those contributions. (2) "Crime related to public office" means any of the following criminal offenses if the offense is a felony and is committed in connection with employment as a member:  (A) any offense under 13 V.S.A. chapter 21; (B) false personation as defined in 13 V.S.A. § 2001; (C) false pretenses or tokens as defined in 13 V.S.A. § 2002; (D) grand larceny as defined in 13 V.S.A. § 2501; (E) person holding property in official capacity or belonging to the State or a municipality as defined in 13 V.S.A. § 2537; (F) false claim as defined in 13 V.S.A. § 3016; (G) a felony under the laws of the United States or any other state, including a territory, commonwealth, the District of Columbia, or military, federal, or tribal court, an element of which involves:  (i) a larceny; (ii) an embezzlement; (iii) the fraudulent conversion of money, property, or other valuable things for personal or other use; or (iv) an intent to defraud; or  (H) an attempt to commit, or aiding in the commission of, any offense listed in this subdivision (2).  (3) "Member" shall have the same meaning as in 3 V.S.A. § 455(a)(11), 16 V.S.A. § 1931(10), and 24 V.S.A. § 5051(13), and shall include anyone participating in a defined contribution plan under 3 V.S.A. § 500 or 24 V.S.A. § 5070, and any other retirement plan of a municipality authorized under the Internal Revenue Code, 26 U.S.C. § 401. (4) "Retirement benefits" shall have the same meaning as "pensions" as defined in 3 V.S.A. § 455(a)(14), 16 V.S.A. § 1931(12), and 24 V.S.A. § 5051(16), and shall also mean benefits derived from employer contributions to defined contribution plans under 3 V.S.A. § 500 or 24 V.S.A. § 5070, and benefits derived from employer contributions to any other retirement plan of a municipality authorized under the Internal Revenue Code, 26 U.S.C. § 401. (Added 2013, No. 2, § 1.)
32 V.S.A. § 624
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 624. Venue, procedure, and appeals

§ 624. Venue, procedure, and appeals|(a) Proceedings to forfeit retirement benefits under this subchapter shall be heard in the Civil Division of the Superior Court. Venue may be in the Washington unit, the unit where the conviction for the crime related to public office occurred, or in any unit where the member or any known spouse, dependent, or designated beneficiary resides.(b) The Supreme Court, pursuant to 12 V.S.A. § 1, may enact rules and develop procedures consistent with this subchapter to govern proceedings to forfeit retirement payments.(c) An order under this subchapter may be appealed as a matter of right to the Supreme Court by the Attorney General or State's Attorney that filed the petition, the member, or the member's spouse, dependent, or designated beneficiary. (Added 2013, No. 2, § 1.)
32 V.S.A. § 625
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 625. Return of contributions; exemptions; qualified domestic relations orders

§ 625. Return of contributions; exemptions; qualified domestic relations orders|(a) Any member whose retirement benefits are forfeited to any degree pursuant to section 623 of this title shall be entitled to a return of his or her contribution in the same manner as provided by the relevant retirement system.(b) Notwithstanding the provisions of subsection (a) of this section, returns of contributions shall not be made or ordered unless and until the Civil Division of the Superior Court determines that the member whose retirement benefits have been forfeited to any degree pursuant to section 623 of this title has satisfied in full any judgments or orders rendered by any court of competent jurisdiction for the payment of restitution for losses incurred as a result of the crime related to public office. If the Court determines that the member whose retirement benefits have been forfeited to any degree under section 623 has failed to satisfy any outstanding judgment or order of restitution rendered by any court of competent jurisdiction that relates to the crime related to public office of which the member was convicted, it may order that any funds otherwise due such member as a return of contribution, or any portion thereof, be paid in satisfaction of the judgment or order.(c) A provision of section 623 of this title or this section shall not be construed to prohibit or limit any payment made pursuant to a qualified domestic relations order issued prior to any such conviction and applicable to:  (1) any member who is convicted of any crime related to public office; or (2) any State, county, or municipal agency responsible for the administration of such payment on behalf of such member.   (d) Notwithstanding the provisions of section 623 of this title, retirement benefits shall not be forfeited to any degree if the Internal Revenue Service determines that such forfeiture will negatively affect or invalidate the status of a retirement plan under the Internal Revenue Code, 26 U.S.C. § 401, or any subsequent corresponding Internal Revenue Code of the United States, as may be amended. (Added 2013, No. 2, § 1.)
32 V.S.A. § 626
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 626. Application; collective bargaining agreements

§ 626. Application; collective bargaining agreements|(a) This subchapter shall not apply to retirement benefits that accrued prior to the effective date of this subchapter or to crimes committed before the effective date of this subchapter.(b) No collective bargaining agreement or other employment agreement entered into on or after the effective date of this subchapter shall contain any provision that limits the application of the provisions of this subchapter. (Added 2013, No. 2, § 1.)
32 V.S.A. § 630
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 630. Definitions

§ 630. Definitions|As used in this chapter:  (1) "Claim" means any request or demand, whether under a contract or otherwise, for money or property, and whether or not the State has title to the money or property, that:  (A) is presented to an officer, employee, or agent of the State; or (B) is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the State's behalf or to advance a State program or interest, and if the State:  (i) provides or has provided any portion of the money or property that is requested or demanded, or (ii) will reimburse directly or indirectly such contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded. A claim shall not include a request or demand for money or property that the State has paid to an individual as compensation for State employment or as an income subsidy with no restrictions on that individual's use of the money or property.   (2) "Knowing" and "knowingly":  (A) means that a person, with respect to information:  (i) has actual knowledge of the information; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information; and  (B) requires no proof of specific intent to defraud.  (3) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. (4) "Obligation" means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment after the deadline for reporting and returning the overpayment under subdivision 631(a)(10) of this chapter. (5) "Original source" means an individual who:  (A) prior to a public disclosure under subsection 636(c) of this chapter, has voluntarily disclosed to the State the information on which allegations or transactions in a claim are based; or (B) has knowledge that is independent of and materially adds to the publicly-disclosed allegations or transactions, and who has voluntarily provided the information to the State before filing a false claims action.  (6) "Overpayment" means any State or federal funds that a person receives or retains to which the person, after applicable reconciliation, is not entitled. (7) "Relator" or "qui tam plaintiff" means an individual who brings an action under subsection 632(b) of this chapter. (8) "State" means the State of Vermont, a county, a municipality or other subdivision thereof and commission, board, department, or agency thereof or any other governmental entity authorized or created by State law, including public corporations and authorities. (Added 2015, No. 25, § 1, eff. May 18, 2015.)
32 V.S.A. § 632
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 632. Civil actions for false claims

§ 632. Civil actions for false claims|(a) The Attorney General shall investigate violations of subsection 631(a) of this chapter. If the Attorney General finds that a person has violated or is violating subsection 631(a), the Attorney General may bring a civil action in the Civil Division of the Superior Court under this section against the person. The action may be brought in Washington County or in any county where an act prohibited by section 631 occurred.(b)(1) A relator may bring a civil action in the Civil Division of the Superior Court in Washington County or in any county where an act prohibited by section 631 of this chapter occurred for a violation of this chapter on behalf of the relator and the State. The action shall be brought in the name of the State. The relator must file the complaint in camera. The complaint must remain under seal for at least 60 days after being served on the Attorney General and must not be served on the defendant until the court so orders.  (2) Once filed, the action may be dismissed only if the Attorney General gives written reasons for consenting to the dismissal and the court approves the dismissal. Notwithstanding any law to the contrary, it shall not be a cause for dismissal or a basis for a defense that the relator could have brought another action based on the same or similar facts under any other law. (3) A relator filing an action under this chapter must serve a copy of the complaint and written disclosure of substantially all material evidence and information the relator possesses on the Attorney General in accordance with the Rules of Civil Procedure. The Attorney General may elect to intervene and proceed with the action within 60 days after the later of the date the Attorney General is served with:  (A) the complaint; and (B) the material evidence and information.  (4) The Attorney General may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subdivision (b)(1) of this section. Any such motions may be supported by affidavits or other submissions in camera. (5) Before the expiration of the 60-day period or any extensions obtained under subdivision (4) of this subsection, the State shall:  (A) proceed with the action, in which case the action shall be conducted by the Attorney General; or (B) notify the court that it declines to take over the action, in which case the relator shall have the right to conduct the action.  (6) When a relator brings an action under this subsection, no person other than the Attorney General may intervene or bring a related action based on the facts underlying the pending action. (Added 2015, No. 25, § 1, eff. May 18, 2015.)
32 V.S.A. § 633
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 633. Rights of the parties to qui tam actions

§ 633. Rights of the parties to qui tam actions|(a) If the State proceeds with the action, the Attorney General shall have the primary responsibility for prosecuting the action, and shall not be bound by any act of the relator. The relator shall have the right to continue as a party to the action, subject to the limitations in subsection (b) of this section.(b)(1) The Attorney General may move to dismiss the action if the relator has been notified by the Attorney General of the filing of the motion and the court has provided the relator with an opportunity for a hearing on the motion.  (2) Notwithstanding any objection of a relator, the Attorney General may settle the action with the defendant if after a hearing the court determines that the proposed settlement is fair, adequate, and reasonable under all the circumstances. (3) Upon a showing by the Attorney General that unrestricted participation during the course of the litigation by the relator would interfere with or unduly delay the prosecution of the case or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the relator's participation, such as:  (A) limiting the number of witnesses the relator may call; (B) limiting the length of the testimony of such witnesses; (C) limiting the relator's cross-examination of witnesses; or (D) otherwise limiting the participation by the relator in the litigation.  (4) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the relator would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the relator in the litigation.   (c) If the Attorney General elects not to proceed with the action, the relator who initiated the action shall have the right to conduct the action. If the Attorney General so requests, it shall be served with copies of all pleadings filed in the action in accordance with the Rules of Civil Procedure and shall be supplied with copies of all deposition transcripts at the State's expense. When a relator proceeds with the action, the court, without limiting the status and rights of the relator, may nevertheless permit the Attorney General to intervene at a later date upon a showing of good cause.(d) Whether or not the Attorney General proceeds with the action, upon a showing by the Attorney General that discovery by the relator would interfere with the State's investigation or prosecution of a criminal or civil matter arising out of the same or similar facts, the court may stay such discovery for a period of not more than 60 days. The court may extend the 60-day period upon a further showing that the Attorney General has pursued the criminal or civil investigation or proceedings with reasonable diligence and may stay any proposed discovery in the civil action that will interfere with the ongoing criminal or civil investigation or proceedings. (Added 2015, No. 25, § 1, eff. May 18, 2015.)
32 V.S.A. § 634
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 634. Alternate remedies available to determine civil penalty

§ 634. Alternate remedies available to determine civil penalty|Notwithstanding sections 632 and 633 of this chapter, the Attorney General may elect to pursue its claim through any alternate remedy available to the State under any other law or regulation, including any administrative proceeding to determine a civil monetary penalty. If any such alternate remedy is pursued in another proceeding, a relator shall have the same rights in such proceeding as said relator would have had if the action had continued under this section. (Added 2015, No. 25, § 1, eff. May 18, 2015.)
32 V.S.A. § 636
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 636. Certain actions barred

§ 636. Certain actions barred|(a) An individual may not bring an action under subsection 632(b) of this chapter against a member of the State Legislative Branch, the Attorney General, a member of the Judiciary, or a senior Executive Branch official if the action is based on evidence or information known to the State when the action was brought.(b) An individual may not bring an action under subsection 632(b) of this chapter that is based upon allegations or transactions that are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.(c) Unless opposed by the Attorney General, the court shall dismiss an action or claim under subsection 632(b) of this chapter if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed:  (1) in a criminal, civil, or administrative hearing in which the State or its agent is a party; (2) in a State legislative, administrative, or State Auditor's report, hearing, audit, or investigation; or (3) from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. (Added 2015, No. 25, § 1, eff. May 18, 2015.)
32 V.S.A. § 637
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 7 - The Public Monies|§ 637. Awards of costs and attorney's fees against relators; liability

§ 637. Awards of costs and attorney's fees against relators; liability|(a) If the Attorney General does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant reasonable attorney's fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.(b) No liability shall be incurred by the State for any expenses, attorney's fees, or other costs incurred by any person bringing or defending an action under this chapter. (Added 2015, No. 25, § 1, eff. May 18, 2015.)