reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 7 - The Public Monies › § 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.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 7 - The Public Monies › § 604. Electric vehicle supply equipment fees

§ 604. Electric vehicle supply equipment fees
(a) Notwithstanding any other provision of this subchapter, any agency or department that owns or controls electric vehicle supply equipment (EVSE), as defined in 30 V.S.A. § 201, may establish, set, and adjust fees for the use of that EVSE. 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 EVSE 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 EVSE originated.
(b) The Agency of Transportation and the Department of Buildings and General Services shall make staff available to standing committees of the General Assembly beginning on January 15 each year to give an oral presentation that provides an update on the State’s efforts to collect fees for the use of EVSE that is owned or controlled by the State pursuant to subsection (a) of this section and shall make available as part of that presentation a copy of any applicable fee schedules, along with an explanation as to whether or not the fee schedule accounts for expenses associated with the EVSE, including electricity costs. (Added 2019, No. 59, § 37; amended 2021, No. 184 (Adj. Sess.), § 58, eff. July 1, 2022; repealed on July 1, 2025 by 2021, No. 184 (Adj. Sess.), § 57.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 July 1, 2013 or to crimes committed before July 1, 2013.
(b) No collective bargaining agreement or other employment agreement entered into on or after July 1, 2013 shall contain any provision that limits the application of the provisions of this subchapter. (Added 2013, No. 2, § 1.)
2023 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; 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.)
2023 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.)
2023 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 the Attorney General’s 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; amended 2021, No. 105 (Adj. Sess.), § 459, eff. July 1, 2022.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 7 - The Public Monies › § 638. Relief from retaliatory actions

§ 638. Relief from retaliatory actions
(a) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or a person associated with the employee, contractor, or agent in furtherance of an action under section 632 of this chapter, or other efforts to stop one or more violations of this chapter.
(b) Notwithstanding any law to the contrary, relief under subsection (a) of this section shall include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney’s fees. An employee, contractor, or agent may bring an action in the Civil Division of the Superior Court or any other appropriate court for the relief provided in this section.
(c) No employer shall make, adopt, or enforce any rule, regulation, or policy preventing an employee, contractor, or agent from disclosing information to a government or law enforcement agency or from acting to further efforts to stop one or more violations of this chapter. No employer shall require as a condition of employment, during the term of employment or at the termination of employment that any employee, contractor, or agent agree to, accept, or sign an agreement that limits or denies the rights of such employee, contractor, or agent to bring an action or provide information to a government or law enforcement agency pursuant to this chapter. Any such agreement shall be void.
(d) A civil action under this section may not be brought more than three years after the date when the retaliation occurred and became known to the employee, contractor, or agent. (Added 2015, No. 25, § 1, eff. May 18, 2015.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 7 - The Public Monies › § 639. Limitation of actions; final judgments in criminal proceedings

§ 639. Limitation of actions; final judgments in criminal proceedings
(a) A civil action under section 632 of this chapter for a violation of subsection 631(a) of this chapter may not be brought after the last to occur of:
(1) more than six years after the date on which the violation was committed; or
(2) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official within the Attorney General’s office with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed.
(b) A civil action under this subchapter may be brought for activity prior to enactment if the limitations period set in subsection (a) of this section has not lapsed.
(c) If the State elects to intervene and proceed with an action brought under subsection 632(b) of this chapter, the State may file its own complaint or amend the complaint of a person who has brought an action pursuant to subsection 632(b). For statute of limitations purposes, any such pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the State arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
(d) Notwithstanding any other general or special law, rule of procedure, or rule of evidence to the contrary, a final judgment rendered in favor of the State in any criminal proceeding charging false statements or fraud, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought under section 632 of this chapter. (Added 2015, No. 25, § 1, eff. May 18, 2015; amended 2017, No. 113 (Adj. Sess.), § 185.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 7 - The Public Monies › § 640. Preponderance of the evidence standard

§ 640. Preponderance of the evidence standard
In any action brought under section 632 of this title, the party bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (Added 2015, No. 25, § 1, eff. May 18, 2015.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 7 - The Public Monies › § 641. Remedies under other laws; legislative construction

§ 641. Remedies under other laws; legislative construction
(a) The provisions of this chapter are not exclusive, and the remedies provided for in this chapter shall be in addition to any other remedies provided for in any other law or available under common law.
(b) It is the intent of the General Assembly that in construing this chapter, the courts of this State will be guided by the construction of similar terms contained in the Federal False Claims Act, 31 U.S.C. §§ 3729–3733, as from time to time amended by the U.S. Congress and the courts of the United States. (Added 2015, No. 25, § 1, eff. May 18, 2015; amended 2021, No. 105 (Adj. Sess.), § 460, eff. July 1, 2022.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 9 - Appropriations › § 701. General appropriation bill

§ 701. General appropriation bill
When the budget has been submitted to the General Assembly, it shall be immediately referred to the Committee on Appropriations, which shall at once proceed to consider the same and as soon as possible thereafter prepare a bill that shall be known as the “general appropriation bill” and introduce the same forthwith for action by the General Assembly. Such bill shall provide appropriations for the maintenance and operation of all departments of the State.
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 9 - Appropriations › § 701a. Capital construction bill

§ 701a. Capital construction bill
(a) When the capital budget has been submitted by the Governor to the General Assembly, it shall immediately be referred to the House Committee on Corrections and Institutions, which shall proceed to consider the budget request in the context of the 10-year capital program plan also submitted by the Governor pursuant to sections 309 and 310 of this title. The Committee shall also propose to the General Assembly:
(1) a prudent amount of total general obligation bonding for the following fiscal year, for support of the capital budget, in consideration of the recommendation of the Capital Debt Affordability Advisory Committee pursuant to chapter 13, subchapter 8 of this title; and
(2) recommendations for capital projects that may be paid for from the Cash Fund for Capital Infrastructure and Other Essential Investments, established in section 1001b of this title.
(b) As soon as possible, the Committee shall prepare a bill to be known as the “capital construction bill,” which shall be introduced for action by the General Assembly.
(c) The spending authority authorized by a capital construction act shall carry forward until expended, unless otherwise provided.
(1) All unexpended funds remaining for projects authorized by capital construction acts enacted in a legislative session that was two or more years prior to the current legislative session shall be reported to the General Assembly and may be reallocated in future capital construction acts.
(2) Notwithstanding subdivision (1) of this subsection, any amounts appropriated in a previous capital construction act that are unexpended for at least five years shall be reallocated to future capital construction acts.
(d)(1) On or before November 15 each year, the Commissioner of Finance and Management shall require each entity to which spending authority has been authorized by a capital construction act enacted in a legislative session that was two or more years prior to the current legislative session to submit a report on the current fund balances of each authorized project with unexpended funds. The report shall include plans for the unexpended funds, any projects or contracts the funds are assigned to, and an anticipated timeline for expending the funds.
(2) On or before December 15 each year, the Commissioner of Finance and Management shall submit in a consolidated format the reports required by subdivision (1) of this subsection to the House Committee on Corrections and Institutions and the Senate Committee on Institutions.
(e) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the reports to be made under subsections (c) and (d) of this section. (Added 1989, No. 258 (Adj. Sess.), § 4; amended 2007, No. 200 (Adj. Sess.), § 36, eff. June 8, 2008; 2011, No. 104 (Adj. Sess.), § 33, eff. May 7, 2012; 2013, No. 51, § 36; 2013, No. 178 (Adj. Sess.), § 28 eff. June 9, 2014; 2017, No. 154 (Adj. Sess.), § 32, eff. May 21, 2018; 2023, No. 69, § 24, eff. June 14, 2023.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 9 - Appropriations › § 702. Exceeding budget

§ 702. Exceeding budget
The head of a State department, who is not elected by the people, shall not exceed the limits of the budget adopted by the General Assembly for his or her department, and in the event that such limit is exceeded, the Governor shall remove him or her after due notice and hearing. However, in case any unforeseen necessity arises whereby the budget limits may be exceeded in the particular department affected, then the payment of the same may be authorized from the contingent fund, on the approval of the Governor and the State Treasurer.
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 9 - Appropriations › § 703. Unexpended appropriations

§ 703. Unexpended appropriations
The unexpended and unencumbered balances of any sums appropriated by the General Assembly shall, at the end of the fiscal year, unless otherwise specifically provided, revert to the appropriate fund balance. Refunds of expenditures and reimbursements shall be credited to the appropriate fund and to appropriation accounts in the current fiscal year. (Amended 1983, No. 253 (Adj. Sess.), § 249; 1997, No. 66 (Adj. Sess.), § 66, eff. Feb. 20, 1998; 2007, No. 192 (Adj. Sess.), § 6.011.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 9 - Appropriations › § 704a. Execution of the laws relating to appropriations

§ 704a. Execution of the laws relating to appropriations
(a) The Governor and every other officer or employee of the Executive Branch shall faithfully execute the laws relating to appropriations so as to effectuate the intent of the General Assembly in enacting such laws, including the provisions of this chapter, the annual appropriations act, and any budget adjustment act.
(b) The Executive Branch is authorized and encouraged to take such actions as are necessary and desirable to manage and administer State programs and agencies in an efficient, effective, and fiscally prudent manner, and to such ends may accomplish savings and reduce spending in such programs and agencies, provided that the legislative purposes for which the sums are appropriated are substantially accomplished. (Added 1995, No. 178 (Adj. Sess.), § 281; amended 1999, No. 1, § 99, eff. March 31, 1999; 2021, No. 105 (Adj. Sess.), § 463, eff. July 1, 2022.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 9 - Appropriations › § 705. Allotment of appropriations

§ 705. Allotment of appropriations
(a) With the approval of the Governor, the Secretary of Administration, through the Commissioner of Finance and Management or such divisions of the Agency of Administration as the Commissioner may designate, shall have the following powers, duties, and functions:
(1) The authority to allot from time to time to each department, institution, and State agency the appropriation made by the General Assembly for the department, institution, or State agency. The allotment may be made on a monthly basis or as the work of the department, institution, and agency may progress.
(2) The keeping of such controlling accounts as may be necessary in order to determine the accuracy and limit of the expenditures made under the allotments.
(b) The departments, institutions, and agencies shall be governed by the allotments made as provided in this section and shall not at any time exceed the sums thus allotted.
(c) The authority conferred by this section is granted solely for the ministerial purpose of managing the State’s financial accounts. Nothing contained in this section shall authorize any decrease in any such appropriation. If allotments have been made, the Secretary shall report to the Joint Fiscal Committee on or before the 15th day of each quarter, identifying and describing the allotments made pursuant to the authority granted by this section during the preceding quarter. 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. (Added 1959, No. 328 (Adj. Sess.), § 5; amended 1987, No. 243 (Adj. Sess.), § 62, eff. June 13, 1988; 1995, No. 178 (Adj. Sess.), § 283; 2011, No. 3, § 89, eff. Feb. 17, 2011; 2013, No. 142 (Adj. Sess.), § 64.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 9 - Appropriations › § 706. Transfer of appropriations

§ 706. Transfer of appropriations
Notwithstanding any authority granted elsewhere, all transfers of appropriations shall be made pursuant to this section upon the initiative of the Governor or upon the request of a secretary or commissioner.
(1) With the approval of the Governor, the Commissioner of Finance and Management may transfer balances of appropriations not to exceed $50,000.00 made under any appropriation act for the support of the government from one component of an agency, department, or other unit of State government to any component of the same agency, department, or unit.
(2) Except as specified in subdivisions (1) and (4) of this section, the transfer of balances of appropriations may be made only with the approval of the Emergency Board.
(3) For the specific purpose of balancing and closing out fund accounts at the end of a fiscal year, the Commissioner of Finance and Management may adjust a balance within an account of an agency or department in an amount not to exceed $100.00.
(4) [Repealed.] (Added 1959, No. 328 (Adj. Sess.), § 6; amended 1971, No. 92, § 16, eff. June 1, 1971; 1977, No. 247 (Adj. Sess.), § 188, eff. April 17, 1978; 1979, No. 74, § 321; 1983, No. 195 (Adj. Sess.), § 5(b); 1999, No. 11, § 1; 1999, No. 66 (Adj. Sess.), § 53, eff. Feb. 8, 2000; 2003, No. 80 (Adj. Sess.), § 79, eff. March 8, 2004; 2005, No. 80, § 52; 2007, No. 65, § 395, eff. June 4, 2007; 2011, No. 3, § 90, eff. Feb. 17, 2011; 2011, No. 153 (Adj. Sess.), § 29.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 9 - Appropriations › § 710. Payment of State agency fees

§ 710. Payment of State agency fees
(a) Notwithstanding any other provision of law, the Agency of Transportation, any cooperating municipalities, and their contractors or agents shall be exempt from the payment of fee charges for reviews, inspections, or nonoperating permits issued by the Department of Public Safety, a District Environmental Commission, and the Agency of Natural Resources for any projects undertaken by or for the Agency and any cooperating municipalities for which all or a portion of the funds are authorized by a legislatively approved transportation construction, rehabilitation, or paving program within a general appropriation act introduced pursuant to section 701 of this title except for those fees established under 3 V.S.A. § 2822(j)(2)(A)(iii), (j)(10), (j)(11), and (j)(26).
(b) Notwithstanding any other provision of law, no fees shall be charged for reviews, inspections, or nonoperating permits issued by the Department of Public Safety, a District Environmental Commission, and the Agency of Natural Resources for:
(1) Any project undertaken by the Department of Buildings and General Services, the Agency of Natural Resources, or the Agency of Transportation that is authorized or funded in whole or in part by the capital construction act introduced pursuant to section 701a of this title except for those fees established under 3 V.S.A. § 2822(j)(2)(A)(iii), (j)(10), (j)(11), and (j)(26).
(2) Any project undertaken by a municipality, which is funded in whole or in part by a grant or loan from the Agency of Natural Resources or the Agency of Transportation financed by an appropriation of a capital construction act introduced pursuant to section 701a of this title except for those fees established under 3 V.S.A. § 2822(j)(2)(A)(iii), (j)(7)(A) and (B), (j)(10), (j)(11), and (j)(26). However, all such fees shall be paid for reviews, inspections, or permits required by municipal solid waste facilities developed by a solid waste district that serves, or is expected to serve, in whole or in part, parties located outside its own district boundaries pursuant to 10 V.S.A. chapter 159. (Added 1993, No. 59, § 20, eff. June 3, 1993; amended 1993, No. 233 (Adj. Sess.), § 57, eff. June 21, 1994; 1995, No. 148 (Adj. Sess.), § 4(c)(1); 1999, No. 148 (Adj. Sess.), § 86, eff. May 24, 2000; 2003, No. 115 (Adj. Sess.), § 115, eff. Jan. 31, 2005; 2005, No. 103 (Adj. Sess.), § 2, eff. April 5, 2006; 2015, No. 64, § 45.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 9 - Appropriations › § 711. Approval of debt

§ 711. Approval of debt
If a person as defined in 1 V.S.A. § 128, except a municipality as defined in 1 V.S.A. § 126, pays a majority of its operating expenses, as determined in accordance with Generally Accepted Accounting Principles, in any fiscal year with amounts appropriated by the State, either directly or indirectly as a pass-through from a State agency or department, and the person intends to incur any debt in that fiscal year in the cumulative principal amount greater than $1,000,000.00, including debt incurred through the issuance of bonds, notes, bank loans, mortgages, lease-purchase contracts, and capital leases, then the person shall notify and obtain the approval of the State Treasurer and the Governor prior to incurring the debt. For the purposes of this section, amounts appropriated by the State shall not include nondiscretionary federal funds known as special revenue funds as presented in the State’s comprehensive annual financial report. (Added 2001, No. 61, § 67, eff. June 16, 2001; amended 2001, No. 142 (Adj. Sess.), § 320, eff. June 21, 2002.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 11 - Auditing › § 801. Independent audit authorized

§ 801. Independent audit authorized
The financial statements of the funds of State government or the financial and other records of the Tax Commissioner, Treasurer, and Agency of Administration shall be examined by competent accountants employed by the State under the direction of the Emergency Board whenever in its discretion an independent audit will serve the best interests of the State. A copy of the report of such examination shall be filed with each member of the Emergency Board and shall be open to public inspection. The Emergency Board shall transmit to the General Assembly a copy of such reports covering the examination so made for the preceding two years. The expenses of such examinations shall be paid from the General Fund. The provisions of this section shall not be construed to limit the duty of the Auditor of Accounts as set forth under subdivision 163(1) of this title. (Amended 1959, No. 328 (Adj. Sess.), § 22; 1967, No. 91, § 2.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 11 - Auditing › § 805. County accounts to be specific

§ 805. County accounts to be specific
The Auditor shall not allow the account of a sheriff, jailer, State’s Attorney, county clerk, Justice, or district judge, unless such account specifies the offense charged or law violated on account of which such expenses or fees were incurred, nor unless it contains a true summary of the amount of such fees and expenses that are properly chargeable to offenses punishable by death or imprisonment in the State prison, to offenses against the law prohibiting the traffic in alcohol and to other misdemeanors. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 2017, No. 83, § 161(5).)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 11 - Auditing › § 806. Audit where prisoner is bound over

§ 806. Audit where prisoner is bound over
(a) The cost of examination of a person accused of a crime exceeding the jurisdiction of a district judge to try and determine may be certified by the judge to the Auditor who shall audit the same.
(b) The Auditor shall require each district judge to furnish in writing the name of the person by him or her bound over for trial before allowing costs of trial in the prosecution. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 92, eff. April 9, 1974.)
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 11 - Auditing › § 807. Audit of sheriff’s accounts

§ 807. Audit of sheriff’s accounts
All accounts of a sheriff or his or her deputy shall be allowed as the account of the sheriff, and all bills of costs growing out of substantially the same transaction shall be audited at the same time. An officer, magistrate, or witness shall not be allowed fees more than once for essentially the same service, nor for constructive service. A bill of costs shall not be allowed in any case where it appears to the Auditor that the prosecution was superfluous and instituted for the purpose of enhancing costs.
2023 Vermont Statutes › Title 32 - Taxation and Finance › Chapter 11 - Auditing › § 809. Auditing of court clerk accounts and of Probate Court judges

§ 809. Auditing of court clerk accounts and of Probate Court judges
The Auditor shall examine the accounts of the judges of Probate and Superior Court clerks and ascertain whether their fees are properly and uniformly charged and rendered, and if the Auditor finds they are not, he or she shall direct the proper corrections to be made. The Auditor shall endeavor to obtain a uniform practice in the Superior Courts in that respect. (Amended 2009, No. 154 (Adj. Sess.), § 197, eff. Feb. 1, 2011.)