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House Calendar
Thursday, January 09, 2014
3rd DAY OF THE ADJOURNED SESSION
House Convenes at 1:00 P.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Action Postponed Until January 9, 2014
Favorable with Amendment
S. 25
An act relating to public advocacy in utility matters ............................. 66
Rep. Botzow of Commerce and Economic Development
Senate Proposal of Amendment
H. 524
Making technical amendments to education laws ............................... 75
NEW BUSINESS
Committee of Conference Report
S. 82
An act relating to campaign finance law ................................................ 80
Consent Calendar
H.C.R. 173
Congratulating Evan Russell on his golfing accomplishments . 114
H.C.R. 174
Extending best wishes to Mable Fay on her 90th birthday ........ 114
H.C.R. 175
Honoring Heinz Hester for his leadership in the development of an
international student exchange program ........................................................ 114
H.C.R. 176
Congratulating the 2013 U-32 Raiders Division II boys’
championship track and field team ................................................................ 115
H.C.R. 177
Commemorating the 50th anniversary of President Lyndon B.
Johnson’s declaration of the U.S. War on Poverty ........................................ 115
H.C.R. 178
Recognizing January 9, 2014 as Homeless Awareness Day at the
State House .................................................................................................... 115
H.C.R. 179
Congratulating the 2013 U-32 Raiders Division II girls’
championship track and field team ................................................................ 115
H.C.R. 180
Congratulating Clara Emlen of Calais on being named the 2014
America’s National Teenager ........................................................................ 115
S.C.R. 28
Senate concurrent resolution congratulating the Yankee Male
Chorus on its 60th anniversary ...................................................................... 115
S.C.R. 29
Senate concurrent resolution congratulating Hastings Store on its
centennial anniversary and Jane and Garey Larrabee on 40 years as the store’s
proprietors ...................................................................................................... 115
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ORDERS OF THE DAY
ACTION CALENDAR
Action Postponed Until January 9, 2014
Favorable with Amendment
S. 25
An act relating to public advocacy in utility matters
Rep. Botzow of Pownal,
for the Committee on
Commerce and Economic
Development,
recommends that the House propose to the Senate that the bill
be amended by striking all after the enacting clause and inserting in lieu
thereof the following:
* * * Department of Public Service Advocacy * * *
Sec. 1.
30 V.S.A. § 2 is amended to read:
§ 2.
DEPARTMENT OF PUBLIC SERVICE; POWERS
(a)
The department of public service Department of Public Service shall
supervise and direct the execution of all laws relating to public service
corporations and firms and individuals engaged in such business, including the:
(1)
Formation formation, organization, ownership, and acquisition of
facilities of public service corporations under chapter 3 of this title;
(2)
Participation participation in planning for proper utility service as
provided in section 202 of this title through the director for regulated utility
planning Director for Regulated Utility Planning;
(3)
Supervision supervision and evaluation under chapters 5 and 77 of
this title of the quality of service of public utility companies;
(4)
Interconnection interconnection and interchange of facilities of
electric companies under sections 210, 213, and 214 of this title;
(5)
Representation representation of the state State in the negotiations
and proceedings for the procurement of electric energy from any source
outside of this state State and from any generation facility inside the state State
under sections 211 and 212 of this title;
(6)
Review review of proposed changes in rate schedules and petition to
the public service board Public Service Board, and representation of the
interests of the consuming public in proceedings to change rate schedules of
public service companies under chapter 5 of this title;
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(7)
Siting siting of electric generation and transmission facilities under
section 248 of this title;
(8)
Consolidations consolidations and mergers of public service
corporations under chapter 7 of this title;
(9)
Supervision supervision and regulation of cable television systems
under chapter 13 of this title;
(10)
Supervision supervision and regulation of telegraph and telephone
companies under chapters 71, 73, and 75 of this title;
(11)
Supervision supervision and regulation of the organization and
operation of municipal plants under chapter 79 of this title;
(12)
Supervision supervision and regulation of the organization and
operation of electric cooperatives under chapter 81 of this title.
(b)
In cases requiring hearings by the board Board, the department
Department, through the director for public advocacy Director for Public
Advocacy shall represent the interests of the people of the state State, unless
otherwise specified by law.
In any hearing, the board Board may, if it
determines that the public interest would be served, request the attorney
general Attorney General or a member of the Vermont bar Bar to represent the
public or the state State.
(c)
The department Department may bring proceedings on its own motion
before the public service board Public Service Board, with respect to any
matter within the jurisdiction of the public service board Board, and may
initiate rule-making proceedings before that board the Board.
The public
service board Public Service Board, with respect to any matter within its
jurisdiction, may issue orders on its own motion and may initiate rule-making
proceedings.
(d)
In any proceeding where the decommissioning fund Decommissioning
Fund for the Vermont Yankee nuclear facility is involved, the department
Department shall represent the consuming public in a manner that
acknowledges that the general public interest requires that the consuming
public, rather than either the state’s State’s future consumers who never obtain
benefits from the facility or the state’s State’s taxpayers, ought to provide for
all costs of decommissioning.
The department Department shall seek to have
the decommissioning fund Decommissioning Fund be based on all reasonably
expected costs.
(e)
In performing its duties under this section, the Department shall give
heightened consideration to the interests of ratepayer classes who are not
independently represented parties in proceedings before the Board, including
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residential, low-income, and small business consumers, as well as other
consumers whose interests might otherwise not be adequately represented but
for the Department’s advocacy.
Sec. 2.
DEPARTMENT OF PUBLIC SERVICE; REPORT ON CONSUMER
REPRESENTATION
On or before July 1, 2014, the Commissioner shall submit a report to the
General Assembly which includes an analysis of how the Department, in
performing its duties under 30 V.S.A. § 2, determines the interests of the
consuming public and of the State and ensures adequate representation of the
interests of those consumers whose interests might not otherwise be adequately
represented in matters before the Board, including residential, low income, and
small business consumers.
The report shall include a description of how the
Department assesses whether the interests of different ratepayer classes – such
as residential, low income, and small business – are in conflict and, if so, how
such conflicts are resolved.
In addition, the Commissioner shall evaluate how
representation of the interests of residential, low income, and small business
consumers has occurred in past proceedings and describe ways in which the
Department might more effectively represent those interests in future
proceedings. The report also shall describe improvements in the Department’s
processes related to the integration of the roles and responsibilities of the
Director for Public Advocacy and the Director for Consumer Protection and
Education, particularly with respect to representation of the consuming public
and the interests of the State.
In conducting this analysis, the Commissioner
shall consult with residential and small business ratepayers, advocacy groups
for low income, residential, and small business ratepayers, and any other
person or entity as determined by the Commissioner.
* * * Electronic Filings and Case Management * * *
Sec. 3.
30 V.S.A. § 11(a) is amended to read:
(a)
The forms, pleadings, and rules of practice and procedure before the
board Board shall be prescribed by it.
The board Board shall promulgate and
adopt rules which include, among other things, provisions that:
(1)
A utility whose rates are suspended under the provisions of section
226 of this title shall, within 30 days from the date of the suspension order, file
with the board 10 copies of Board all exhibits it intends to use in the hearing
thereon together with the names of witnesses it intends to produce in its direct
case and a short statement of the purposes of the testimony of each witness.
Except in the discretion of the board Board, a utility shall not be permitted to
introduce into evidence in its direct case exhibits which are not filed in
accordance with this rule.
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* * *
Sec. 4.
30 V.S.A. § 11a is added to read:
§ 11a.
ELECTRONIC FILING AND ISSUANCE
(a)
As used in this section:
(1) “Confidential document” means a document containing information
for which confidentiality has been asserted and that has been filed with the
Board and parties in a proceeding subject to a protective order duly issued by
the Board.
(2) “Document” means information inscribed on a tangible medium or
stored in an electronic or other medium and retrievable in perceivable form.
(3) “Electronic filing” means the transmission of documents to the
Board by electronic means.
(4) “Electronic filing system” means a board-designated system that
provides for the electronic filing of documents with the Board and for the
electronic issuance of documents by the Board.
If the system provides for the
filing or issuance of confidential documents, it shall be capable of maintaining
the confidentiality of confidential documents and of limiting access to
confidential documents to individuals explicitly authorized to access such
confidential documents.
(5) “Electronic issuance” means:
(A)
the transmission by electronic means of a document that the
Board has issued, including an order, proposal for decision, or notice; or
(B)
the transmission of a message from the Board by electronic
means informing the recipients that the Board has issued a document,
including an order, proposal for decision, or notice, and that it is available for
viewing and retrieval from an electronic filing system.
(6) “Electronic means” means any Board-authorized method of
electronic transmission of a document.
(b)
The Board by order, rule, procedure, or practice may:
(1)
provide for electronic issuance of any notice, order, proposal for
decision, or other process issued by the Board, notwithstanding any other
service requirements set forth in this title or in 10 V.S.A. chapter 43;
(2)
require electronic filing of documents with the Board;
(3)
for any filing or submittal to the Board for which the filing or
submitting entity is required to provide notice or a copy to another state agency
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under this title or under 10 V.S.A. chapter 43, waive such requirement if the
state agency will receive notice of and access to the filing or submittal through
an electronic filing system; and
(4)
for any filing, order, proposal for decision, notice, or other process
required to be served or delivered by first-class mail or personal delivery under
this title or under 10 V.S.A. chapter 43, waive such requirement to the extent
the required recipients will receive the filing, order, proposal of decision,
notice, or other process by electronic means or will receive notice of and
access to the filing, order, proposal for decision, notice, or other process
through an electronic filing system.
(c)
Any order, rule, procedure, or practice issued under subsection (b) of
this section shall include exceptions to accommodate parties and other
participants who are unable to file or receive documents by electronic means.
(d)
Subsection (b) of this section shall not apply to the requirements for
service of citations and notices in writing as set forth in sections 111(b),
111a(i), and 2804 of this title.
* * * Participation in Federal Proceedings * * *
Sec. 5.
30 V.S.A. § 2(b) is amended to read:
(b)
In cases requiring hearings by the board Board, the department
Department, through the director for public advocacy Director for Public
Advocacy, shall represent the interests of the people of the state State, unless
otherwise specified by law.
In any hearing, the board Board may, if it
determines that the public interest would be served, request the attorney
general Attorney General or a member of the Vermont bar Bar to represent the
public or the state State.
In addition, the Department may intervene, appear,
and participate in Federal Energy Regulatory Commission proceedings,
Federal Communications Commission proceedings, or other federal
administrative proceedings on behalf of the Vermont public.
* * * Coordination of Energy Planning * * *
Sec. 6.
30 V.S.A. § 202 is amended to read:
§ 202.
ELECTRICAL ENERGY PLANNING
(a)
The department of public service Department of Public Service, through
the director for regulated utility planning Director for Regulated Utility
Planning, shall constitute the responsible utility planning agency of the state
State for the purpose of obtaining for all consumers in the state State proper
utility service at minimum cost under efficient and economical management
consistent with other public policy of the state State.
The director Director
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shall be responsible for the provision of plans for meeting emerging trends
related to electrical energy demand, supply, safety, and conservation.
(b)
The department Department, through the director Director, shall prepare
an electrical energy plan for the state State.
The plan shall be for a 20-year
period and shall serve as a basis for state electrical energy policy.
The electric
energy plan shall be based on the principles of “least cost integrated planning”
set out in and developed under section 218c of this title.
The plan shall include
at a minimum:
(1)
an overview, looking 20 years ahead, of statewide growth and
development as they relate to future requirements for electrical energy,
including patterns of urban expansion, statewide and service area economic
growth, shifts in transportation modes, modifications in housing types and
design, conservation and other trends and factors which, as determined by the
director Director, will significantly affect state electrical energy policy and
programs;
(2)
an assessment of all energy resources available to the state State for
electrical generation or to supply electrical power, including, among others,
fossil fuels, nuclear, hydro-electric, biomass, wind, fuel cells, and solar energy
and strategies for minimizing the economic and environmental costs of energy
supply, including the production of pollutants, by means of efficiency and
emission improvements, fuel shifting, and other appropriate means;
(3)
estimates of the projected level of electrical energy demand;
(4)
a detailed exposition, including capital requirements and the
estimated cost to consumers, of how such demand shall be met based on the
assumptions made in subdivision (1) of this subsection and the policies set out
in subsection (c) of this section; and
(5)
specific strategies for reducing electric rates to the greatest extent
possible in Vermont over the most immediate five-year six-year period, for the
next succeeding five-year six-year period, and long-term sustainable strategies
for achieving and maintaining the lowest possible electric rates over the full
20-year planning horizon consistent with the goal of maintaining a financially
stable electric utility industry in Vermont.
(c)
In developing the plan, the department Department shall take into
account the protection of public health and safety; preservation of
environmental quality; the potential for reduction of rates paid by all retail
electricity customers; the potential for reduction of electrical demand through
conservation, including alternative utility rate structures; use of load
management technologies; efficiency of electrical usage; utilization of waste
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heat from generation; and utility assistance to consumers in energy
conservation.
(d)
In establishing plans, the director Director shall:
(1)
Consult with:
(A)
the public;
(B)
Vermont municipal utilities;
(C)
Vermont cooperative utilities;
(D)
Vermont investor-owned utilities;
(E)
Vermont electric transmission companies;
(F)
environmental and residential consumer advocacy groups active
in electricity issues;
(G)
industrial customer representatives;
(H)
commercial customer representatives;
(I)
the public service board Public Service Board;
(J) an entity designated to meet the public’s need for energy
efficiency services under subdivision 218c(a)(2) of this title;
(K)
other interested state agencies; and
(L)
other energy providers.
(2)
To the extent necessary, include in the plan surveys to determine
needed and desirable plant improvements and extensions and coordination
between utility systems, joint construction of facilities by two or more utilities,
methods of operations, and any change that will produce better service or
reduce costs.
To this end, the director Director may require the submission of
data by each company subject to supervision, of its anticipated electrical
demand, including load fluctuation, supplies, costs, and its plan to meet that
demand and such other information as the director Director deems desirable.
(e)
The department Department shall conduct public hearings on the final
draft and shall consider the evidence presented at such hearings in preparing
the final plan.
The plan shall be adopted no later than January 1, 2004 2016
and readopted in accordance with this section by every sixth January 1
thereafter, and shall be submitted to the general assembly General Assembly
each time the plan is adopted or readopted.
The provisions of 2 V.S.A. § 20(d)
(expiration of required reports) shall not apply to the submission to be made
under this subsection.
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(f)
After adoption by the department Department of a final plan, any
company seeking board Board authority to make investments, to finance, to
site or construct a generation or transmission facility or to purchase electricity
or rights to future electricity, shall notify the department Department of the
proposed action and request a determination by the department Department
whether the proposed action is consistent with the plan.
In its determination
whether to permit the proposed action, the board Board shall consider the
department’s Department’s determination of its consistency with the plan
along with all other factors required by law or relevant to the board’s Board’s
decision on the proposed action.
If the proposed action is inconsistent with the
plan, the board Board may nevertheless authorize the proposed action if it finds
that there is good cause to do so.
The department Department shall be a party
to any proceeding on the proposed action, except that this section shall not be
construed to require a hearing if not otherwise required by law.
(g)
The director Director shall annually review that portion of a plan
extending over the next five six years.
The department Department, through
the director Director, shall annually biennially extend the plan by one two
additional year years; and from time to time, but in no and in any event less
than every five years sixth year, institute proceedings to review a plan and
make revisions, where necessary.
The five year six-year review and any
interim revisions shall be made according to the procedures established in this
section for initial adoption of the plan.
The six-year review and any revisions
made in connection with that review shall be performed contemporaneously
with readoption of the comprehensive energy plan under section 202b of this
title.
(h)
The plans adopted under this section shall be submitted to the energy
committees of the general assembly and shall become the electrical energy
portion of the state energy plan.
(i)
It shall be a goal of the electrical energy plan to assure, by 2028, that at
least 60 MW of power are generated within the state State by combined heat
and power (CHP) facilities powered by renewable fuels or by nonqualifying
SPEED resources, as defined in section 8002 of this title.
In order to meet this
goal, the plan shall include incentives for development and strategies to
identify locations in the state State that would be suitable for CHP.
The plan
shall include strategies to assure the consideration of CHP potential during any
process related to the expansion of natural gas services in the state State.
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Sec. 7.
30 V.S.A. § 202b is amended to read:
§ 202b.
STATE COMPREHENSIVE ENERGY PLAN
(a)
The department of public service Department of Public Service, in
conjunction with other state agencies designated by the governor Governor,
shall prepare a comprehensive state energy plan covering at least a 20-year
period.
The plan shall seek to implement the state energy policy set forth in
section 202a of this title.
The plan shall include:
(1)
A comprehensive analysis and projections regarding the use, cost,
supply, and environmental effects of all forms of energy resources used within
Vermont.
(2)
Recommendations for state State implementation actions, regulation,
legislation, and other public and private action to carry out the comprehensive
energy plan.
(b) In developing or updating the plan’s recommendations, the department
of public service Department of Public Service shall seek public comment by
holding public hearings in at least five different geographic regions of the state
State on at least three different dates, and by providing notice through
publication once a week and at least seven days apart for two or more
successive weeks in a newspaper or newspapers of general circulation in the
regions where the hearings will be held, and by delivering notices to all
licensed commercial radio and television stations with transmitting facilities
within the state State, plus Vermont Public Radio and Vermont Educational
Television.
(c)
The department Department shall adopt a state energy plan by no later
than January 1, 1994 2016 and shall readopt the plan by every sixth January 1
thereafter.
On adoption or readoption, the plan shall be submitted to the
General Assembly.
The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to such submission.
(1)
Upon adoption of the plan, analytical portions of the plan may be
updated annually and published biennially.
(2)
Every fourth year after the adoption or readoption of a plan under
this section, the Department shall publish the manner in which the Department
will engage the public in the process of readopting the plan under this section.
(3)
The publication requirements of subdivisions (1) and (2) of this
subsection may be met by inclusion of the subject matter in the Department’s
biennial report.
(4)
The plan’s implementation recommendations shall be updated by the
department Department no less frequently than every five six years.
These
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recommendations shall be updated prior to the expiration of five six years if
the general assembly General Assembly passes a joint resolution making a
request to that effect.
If the department Department proposes or the general
assembly General Assembly requests the revision of implementation
recommendations, the department Department shall hold public hearings on
the proposed revisions.
(d)
Any distribution Distribution of the plan to members of the general
assembly General Assembly shall be in accordance with the provisions of
2 V.S.A. § 20 (a)–(c).
Sec. 8.
INTENT; RETROACTIVE APPLICATION
In enacting Secs. 6 (20-year electric plan) and 7 (comprehensive energy
plan) of this act, the General Assembly intends to set the readoption of these
plans by the Department of Public Service on a regular six-year cycle.
* * * Effective Date * * *
Sec. 9.
EFFECTIVE DATE
This act shall take effect on passage.
(Committee vote: 9-0-2 )
(For text see Senate Journal 2/28/2013 )
Senate Proposal of Amendment
H. 524
An act relating to making technical amendments to education laws
The Senate proposes to the House to amend the bill as follows:
First:
By striking out Secs. 16 through 22 in their entirety and inserting in
lieu thereof 7 new sections to be Secs. 16 through 22 to read:
Sec. 16.
REDESIGNATION; ADDITION OF SUBCHAPTER
16 V.S.A. chapter 1, subchapter 2, which shall include §§ 41–55, is added
to read:
Subchapter 2.
Federal Funds
* * *
Sec. 17.
16 V.S.A. § 168 is amended to read:
§ 168 41.
AUTHORITY OF STATE BOARD OF EDUCATION AGENCY
TO UTILIZE USE FEDERAL FUNDS TO AID EDUCATION
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(a)
The state board Agency of Education is designated as the sole state
agency to establish and administer through the department of education any
statewide plan which is now or hereafter may be required as a condition for
receipt of federal funds as may be made available to the state of Vermont by
the Congress of the United States, or administrative ruling pursuant thereto,
State for any educational purposes, including technical education and adult
education and literacy.
It The Agency shall also be the agency to accept and
administer
federal
funds which
federal
legislation
requires that
require
administration by a state education agency having jurisdiction of elementary
and secondary education to administer.
(b)
Subject to the approval of the governor Governor, the board Agency
may accept and utilize such use federal funds.
It may establish criteria and
procedures to conform with any requirements established for the use of such
the funds and may take such other action as may be required to comply with
any condition for receipt of such federal aid.
Sec. 18.
16 V.S.A. § 169 is amended to read:
§ 169 42.
ACCEPTANCE, DISTRIBUTION AND ACCOUNTING OF
FEDERAL FUNDS
(a)
The state treasurer State Treasurer, acting upon the order of the
commissioner or his or her authorized representative Secretary, shall accept,
distribute, and account for federal funds available for use by the state board
Agency.
Funds shall be distributed and accounted for by the state treasurer
State Treasurer in accordance with the laws of this state Vermont, but if there
is a conflict between those laws, and the laws or regulations of the United
States, then federal law shall apply.
The commissioner Secretary shall cause to
be submitted to the United States such detailed statements of the amounts so
prepare and submit federally required statements of funds received and
disbursed as shall be required by the United States.
The commissioner
Secretary shall cause an audit to be made of such the federal funds and shall
submit a copy thereof to a properly authorized official of the United States of
the audit as required by the laws or regulations of the United States federal
law.
Such The audit shall be supported by any reports from the supervisory
union, local school districts, or other recipients of federal funds as may be
required by the commissioner or the United States Secretary or the federal
government.
(b)
The state treasurer may deliver to the superintendent or State Treasurer
may directly deposit checks payable to a supervisory union or to any school
district
within that
supervisory
union it
or
may
deliver
checks
to
the
superintendent of the supervisory union.
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* * *
Sec. 19.
16 V.S.A. § 144b is amended to read:
§ 144b 43.
FEDERAL EDUCATION AID FUNDS; ADMINISTRATION;
LOCAL EDUCATION AGENCY
(a)
The state board of education Agency, as sole state agency, may
administer such federal funds as may be made available to the state State under
Public Law 89-10, known as the Elementary and Secondary Education Act of
1965, Public L. No. 89–10, as amended, and Public Law 107-110, known as
the No Child Left Behind Act of 2001, Public L. No 107–110.
Those funds
may be accepted and shall be distributed and accounted for by the state
treasurer State Treasurer in accordance with that law and rules and regulations
of the United States issued under it if there is conflict between that law or those
rules and regulations and the laws of this state State.
(b)
For purposes of distribution of funds under this section, a supervisory
union or supervisory district shall be a local education agency as that term is
defined in 20 U.S.C. § 7801(26).
(c)
For purposes of determining pupil performance and application of
consequences for failure to meet standards and for provision of compensatory
and remedial services pursuant to 20 U.S.C. §§ 6311-6318, a school district
shall be a local education agency.
Sec. 20.
[Deleted.]
Sec. 21.
16 V.S.A. § 172 is amended to read:
§ 172 44.
FEDERAL FUNDS; SCHOOL FOOD PROGRAMS
The state board Agency is authorized to accept and use federal funds made
available by legislation of the congress to the several states to the State for
school food programs under the National School Lunch Act, The the Child
Nutrition Act, and any amendments thereto to those laws.
Sec. 22.
REDESIGNATION; ADDITION OF SUBCHAPTER
16 V.S.A. chapter 3, subchapter 2, which shall include §§ 175–178, is
added to read:
Subchapter 2.
Postsecondary Schools
* * *
Second:
By striking out Sec. 69 in its entirety.
Third: In Sec. 113, 16 V.S.A. § 1071, by striking out subsection (e) in its
entirety and inserting in lieu thereof a new subsection (e) to read:
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(e)
Regional calendar.
Before April 1 of each year, the superintendents of
schools and the headmasters of public schools not managed by school boards
in an area shall meet, and by majority vote, establish a uniform calendar within
that area for the following school year.
The calendar shall include student
attendance
days,
periods
of
vacation,
holidays, and
teacher
in-service
education days and shall comply with subsection (a) of this section.
Unless
permitted by the commissioner Secretary, no area served by a regional
technical center shall be divided into two or more calendar regions.
Fourth:
By striking out Sec. 233 in its entirety.
Fifth:
By striking out Sec. 303 (effective date) in its entirety, and inserting
six new sections to be Secs. 303 through 308 to read as follows:
* * * Special Education Employees; Transition to Employment
by Supervisory Unions * * *
Sec. 303.
2010 Acts and Resolves No. 153, Sec. 18, as amended by 2011 Acts
and Resolves No. 58, Sec. 18, is further amended to read:
Sec. 18.
TRANSITION
(a)
Each supervisory union shall provide for any transition of employment
of special education and transportation staff employees by member districts to
employment by the supervisory union, pursuant to Sec. 9 of this act, 16 V.S.A.
§ 261a(a)(6), and (8)(E) by:
(1)
providing that the supervisory union assumes all obligations of each
existing collective bargaining agreement in effect between the member districts
and their special education employees and their transportation employees until
the agreement’s expiration, subject to employee compliance with performance
standards and any lawful reduction in force, layoff, nonrenewal, or dismissal;
(2)
providing, in the absence of an existing recognized representative of
its employees, for the immediate and voluntary recognition by the supervisory
union of the recognized representatives of the employees of the member
districts as the recognized representatives of the employees of the supervisory
union;
(3)
ensuring that an employee of a member district who is not a
probationary employee shall not be considered a probationary employee upon
transition to the supervisory union; and
(4)
containing
an
agreement negotiating
a
collective
bargaining
agreement, addressing special education employees, with the recognized
representatives of the employees of the member districts that is effective on the
day
the
supervisory
union
assumes
obligations
of
existing
agreements
regarding how the supervisory union, prior to reaching its first collective
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bargaining agreement with its special education employees and with its
transportation employees, will address issues of seniority, reduction in force,
layoff, and recall , which, for the purposes of this section, shall be:
the
exclusive
representative
of
special
education
teachers;
the
exclusive
representative of the special education administrators; and the exclusive
bargaining agent for special education paraeducators if the supervisory union
has elected to employ special education paraeducators pursuant to subdivision
(b)(3) of this section.
The supervisory union shall become the employer of
these employees on the date specified in the ratified agreement.
(b) For purposes of this section and Sec. 9 of this act, “special education
employee” shall include a special education teacher, a special education
administrator, and a special education paraeducator, which means a teacher,
administrator, or paraeducator whose job assignment consists of providing
special education services directly related to students’ individualized education
programs or to the administration of those services.
Provided, however, that
“special education employee” shall include a “special education paraeducator”
only if the supervisory union board elects to employ some or all special
education paraeducators because it determines that doing so will lead to more
effective and efficient delivery of special education services to students.
If the
supervisory union board does not elect to employ all special education
paraeducators, it must use objective, nondiscriminatory criteria and identify
specific duties to be performed when determining which categories of special
education paraeducators to employ.
(c)
Education-related parties to negotiations under either Title 16 or 21
shall incorporate in their current or next negotiations matters addressing the
terms and conditions of special education employees.
(d)
If a supervisory union has not entered into a collective bargaining
agreement
with
the
representative
of
its
prospective
special
education
employees by August 15, 2015, it shall provide the Secretary of Education
with a report identifying the reasons for not meeting the deadline and an
estimated date by which it expects to ratify the agreement.
Sec. 304.
16 V.S.A. § 1981(8) is amended to read:
(8)
"School board negotiations council" means, for a supervisory
district, its school board, and, for school districts within a supervisory union,
the body comprising representatives designated by each school board within
the supervisory union and by the supervisory union board to engage in
professional negotiations with a teachers' or administrators' organization.
Sec. 305.
21 V.S.A. § 1722(18) is amended to read:
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(18)
"School board negotiations council" means, for a supervisory
district, its school board, and, for school districts within a supervisory union,
the body comprising representatives designated by each school board within
the supervisory union and by the supervisory union board to engage in
collective bargaining with their school employees' negotiations council.
Sec. 306.
APPLICABILITY
Only school districts and supervisory unions that have not completed the
transition of special education employees to employment by the supervisory
union
or
have
not
negotiated
transition
provisions
into
current
master
agreements as of the effective dates of Secs. 24 through 27 of this act are
subject to the employment transition provisions of those sections.
Sec. 307.
REPORT
On or before January 1, 2017, the Secretary of Education shall report to the
House and Senate Committees on Education regarding the decisions of
supervisory unions to exercise or not to exercise the flexibility regarding
employment of special education paraeducators provided in Sec. 24 of this act
and may propose amendments to Sec. 24 or to related statutes as he or she
deems appropriate.
Sec. 308.
EFFECTIVE DATE
This act shall take effect on passage.
(For text see House Journal No House Amendments )
NEW BUSINESS
Committee of Conference Report
S. 82
An act relating to campaign finance law
TO THE SENATE AND HOUSE OF REPRESENTATIVES:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon Senate Bill entitled:
S. 82
An act relating to campaign finance law
Respectfully report that they have met and considered the same and
recommend that the bill be amended by striking all after the enacting clause
and inserting in lieu thereof the following:
Sec. 1.
FINDINGS
The General Assembly finds that:
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(1)
Article 7 of Chapter I of the Vermont Constitution affirms the
central principle “That government is, or ought to be, instituted for the
common benefit, protection, and security of the people, nation, or community,
and not for the particular emolument or advantage of any single person, family,
or set of persons, who are a part only of that community; . . .”
(2)
To carry out this central principle that the government is for the
common benefit of the whole people of Vermont, candidates need to be
responsive to the community as a whole and not to a small portion which may
be funding the candidate’s electoral campaign.
(3)
Because of the small size of Vermont communities and the personal
nature of campaigning in Vermont, a key feature of Vermont electoral
campaigns is the personal connection between candidates and voters.
Limiting
contributions to candidates encourages this connection by giving candidates an
incentive to conduct grassroots campaigns that reach many constituents and
many donors, rather than relying on just a few people to fund their campaigns.
(4)
Unduly large campaign contributions reduce public confidence in the
electoral process and increase the risk and the appearance that candidates and
elected officials may be beholden to contributors and not act in the best
interests of all Vermont citizens.
(5)
In Vermont, contributions greater than the amounts specified in this
act are considered by the General Assembly, candidates, and elected officials
to be unduly large contributions that have the ability to corrupt and create the
appearance of corrupting candidates and the democratic system.
(6)
When a person is able to make unduly large contributions to a
candidate, there is a risk of voters losing confidence in our system of
representative government because voters may believe that a candidate will be
more likely to represent the views of persons who make those contributions
and less likely to represent views of their constituents and Vermont citizens in
general.
This loss of confidence may lead to increased voter cynicism and a
lack of participation in the electoral process among both candidates and voters.
(7)
Lower limits encourage candidates to interact and communicate with
a greater number of voters in order to receive contributions to help fund a
campaign, rather than to rely on a small number of large contributions.
This
interaction
between
candidates
and the
electorate
helps
build
a
greater
confidence in our representative government and is likely to make candidates
more responsive to voters.
(8)
Different limits on contributions to candidates based on the office
they seek are necessary
in order for these candidates to run effective
campaigns.
Moreover, since it generally costs less to run an effective
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campaign for nonstatewide offices, a uniform limit on contributions for all
offices
could
enable
contributors
to
exert
undue
influence
over
those
nonstatewide offices.
(9)
In Vermont, candidates can raise sufficient monies to fund effective,
competitive campaigns from contributions no larger than the amounts specified
in this act.
(10)
Exempting certain activities of political parties from the definition
of what constitutes a contribution is important so as to not overly burden
collective political activity.
These activities, such as using the assistance of
volunteers, preparing party candidate listings, and hosting certain campaign
events, are part of a party’s traditional role in assisting candidates to run for
office.
Moreover, these exemptions help protect the right to associate in a
political party.
(11)
Political parties play an important role in electoral campaigns and
must be given the opportunity to support their candidates.
Their historic role
in American elections makes them different from political committees.
For
that reason, it is appropriate to limit contributions from political committees
without imposing the same limits on political parties.
(12)
If independent expenditure-only political committees are allowed to
receive unlimited contributions, they may eclipse political parties.
This would
be detrimental to the electoral system because such committees can be
controlled by a small number of individuals who finance them.
In contrast,
political parties are created by a representative process of delegates throughout
the State.
(13)
Large independent expenditures by independent expenditure-only
political committees can unduly influence the decision-making, legislative
voting, and official conduct of officeholders and candidates through the
committees’ positive or negative advertising regarding their election for office.
It also causes officeholders and candidates to act in a manner that either
encourages independent expenditure-only committees to support them or
discourages those committees from attacking them.
Thus, candidates can
become beholden to the donors who make contributions to these independent
expenditure-only committees.
However, the current legal landscape regarding
the constitutionality of imposing limits on contributions to independent
expenditure-only political committees is uncertain.
Therefore, under this act,
the General Assembly will impose limits on contributions to independent
expenditure-only political committees if the final disposition of a case before
the U.S. Court of Appeals for the Second Circuit or the U.S. Supreme Court
holds that limits on contributions to independent expenditure-only political
committees are constitutional.
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(14)
In order to provide the electorate with information regarding who
seeks to influence their votes through campaign advertising; to make campaign
financing more transparent; to aid voters in evaluating those seeking office; to
deter actual corruption and avoid its appearance by exposing contributions and
expenditures to the light of publicity; and to gather data necessary to detect
violations of contributions limits, it is imperative that Vermont increase the
frequency of campaign finance reports and include more information in
electioneering communications.
(15)
Increasing
identification
information
in
electioneering
communications
will
enable
the
electorate
to
evaluate
immediately
the
speaker’s message and will bolster the sufficiently important interest in
permitting Vermonters to learn the sources of significant influence in our
State’s elections.
(16)
Limiting contributions to political committees and political parties
prevents
persons
from
hiding
behind
these
entities
when
making
election-related
expenditures.
It
encourages
persons
wishing
to
fund
communications to do so directly in their own names.
In this way, limiting
contributions to
political committees and political parties is another method of
fostering greater transparency.
When a person makes an expenditure on
electioneering communications in the person’s own name, that name, rather
than that of a political committee or a political party to which the person
contributed, appears on the face of the communication.
This provides the
public with immediate information as to the identity of the communication’s
funder.
(17)
The General Assembly is aware of reports of potential corruption in
other states and in federal politics.
It is important to enact legislation that will
prevent corruption here and maintain the electorate’s confidence in the
integrity of Vermont’s government.
(18)
This act is necessary in order to implement more fully the
provisions of Article 8 of Chapter I of the Constitution of the State of Vermont,
which declares “That all elections ought to be free and without corruption, and
that all voters, having a sufficient, evident, common interest with, and
attachment to the community, have a right to elect officers, and be elected into
office, agreeably to the regulations made in this constitution.”
Sec. 2.
REPEAL
17 V.S.A. chapter 59 (campaign finance) is repealed.
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Sec. 3.
17 V.S.A. chapter 61 is added to read:
CHAPTER 61.
CAMPAIGN FINANCE
Subchapter 1.
General Provisions
§ 2901.
DEFINITIONS
As used in this chapter:
(1) “Candidate” means an individual who has taken affirmative action to
become a candidate for State, county, local, or legislative office in a primary,
special, general, or local election.
An affirmative action shall include one or
more of the following:
(A)
accepting contributions or making expenditures totaling $500.00
or more;
(B)
filing the requisite petition for nomination under this title or
being nominated by primary or caucus; or
(C)
announcing that the individual seeks an elected position as a
State, county, or local officer or a position as Representative or Senator in the
General Assembly.
(2)
“Candidate’s committee” means the candidate’s campaign staff,
whether paid or unpaid.
(3) “Clearly identified,” with respect to a candidate, means:
(A)
the name of the candidate appears;
(B)
a photograph or drawing of the candidate appears; or
(C)
the identity of the candidate is apparent by unambiguous
reference.
(4)
“Contribution” means a payment, distribution, advance, deposit,
loan, or gift of money or anything of value, paid or promised to be paid for the
purpose of influencing an election, advocating a position on a public question,
or supporting or opposing one or more candidates in any election.
As used in
this chapter, “contribution” shall not include any of the following:
(A)
a personal loan of money to a candidate from a lending
institution made in the ordinary course of business;
(B)
services
provided
without
compensation
by
individuals
volunteering their time on behalf of a candidate, political committee, or
political party;
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(C)
unreimbursed travel expenses paid for by an individual for
himself or herself who volunteers personal services to a candidate;
(D)
unreimbursed campaign-related travel expenses paid for by the
candidate or the candidate’s spouse;
(E)
the use by a candidate or volunteer of his or her own personal
property, including offices, telephones, computers, and similar equipment;
(F) the use of a political party’s offices, telephones, computers, and
similar equipment;
(G)
the payment by a political party of the costs of preparation,
display, or mailing or other distribution of a party candidate listing;
(H)
documents, in printed or electronic form, including party
platforms,
single
copies
of
issue
papers,
information
pertaining
to
the
requirements of this title, lists of registered voters, and voter identification
information created, obtained, or maintained by a political party for the general
purpose of party building and provided to a candidate who is a member of that
party or to another political party;
(I)
compensation paid by a political party to its employees whose job
responsibilities are not for the specific and exclusive benefit of a single
candidate in any election;
(J)
compensation paid by a political party to its employees or
consultants for the purpose of providing assistance to another political party;
(K)
campaign training sessions provided to three or more candidates;
(L)
costs paid for by a political party in connection with a campaign
event at which three or more candidates are present; or
(M)
activity or communication designed to encourage individuals to
register to vote or to vote if that activity or communication does not mention or
depict a clearly identified candidate.
(5) “Election” means the procedure whereby the voters of this State or
any of its political subdivisions select a person to be a candidate for public
office or to fill a public office or to act on public questions including voting on
constitutional amendments.
Each primary, general, special, or local election
shall constitute a separate election.
(6)
“Electioneering communication” means any communication that
refers to a clearly identified candidate for office and that promotes or supports
a candidate for that office or attacks or opposes a candidate for that office,
regardless of whether the communication expressly advocates a vote for or
against a candidate, including communications published in any newspaper or
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periodical or broadcast on radio or television or over the Internet or any public
address system; placed on any billboards, outdoor facilities, buttons, or printed
material
attached
to
motor
vehicles,
window
displays,
posters,
cards,
pamphlets, leaflets, flyers, or other circulars; or contained in any direct
mailing, robotic phone calls, or mass e-mails.
(7)
“Expenditure”
means
a
payment,
disbursement,
distribution,
advance, deposit, loan, or gift of money or anything of value, paid or promised
to be paid, for the purpose of influencing an election, advocating a position on
a public question, or supporting or opposing one or more candidates.
As used
in this chapter, “expenditure” shall not include any of the following:
(A)
a personal loan of money to a candidate from a lending
institution made in the ordinary course of business;
(B)
services
provided
without
compensation
by
individuals
volunteering their time on behalf of a candidate, political committee, or
political party;
(C)
unreimbursed travel expenses paid for by an individual for
himself or herself who volunteers personal services to a candidate; or
(D)
unreimbursed campaign-related travel expenses paid for by the
candidate or the candidate’s spouse.
(8) “Four-year general election cycle” means the 48-month period that
begins 38 days after a general election for a four-year-term office.
(9) “Full name” means an individual’s full first name, middle name or
initial, if any, and full legal last name, making the identity of the person who
made the contribution apparent by unambiguous reference.
(10)
“Independent expenditure-only political committee” means a
political
committee
that
conducts
its
activities
entirely
independent
of
candidates; does not give contributions to candidates, political committees, or
political parties; does not make related expenditures; and is not closely related
to a political party or to a political committee that makes contributions to
candidates or makes related expenditures.
(11)
“Mass media activity” means a television commercial, radio
commercial, mass mailing, mass electronic or digital communication, literature
drop, newspaper or periodical advertisement, robotic phone call, or telephone
bank, which includes the name or likeness of a clearly identified candidate for
office.
(12) “Party candidate listing” means any communication by a political
party that:
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(A)
lists the names of at least three candidates for election to public
office;
(B)
is distributed through public advertising such as broadcast
stations, cable television, newspapers, and similar media or through direct
mail, telephone, electronic mail, a publicly accessible site on the Internet, or
personal delivery;
(C)
treats all candidates in the communication in a substantially
similar manner; and
(D)
is limited to:
(i)
the identification of each candidate, with which pictures may
be used;
(ii)
the offices sought;
(iii)
the offices currently held by the candidates;
(iv)
the party affiliation of the candidates and a brief statement
about
the
party
or
the
candidates’
positions,
philosophy,
goals,
accomplishments, or biographies;
(v)
encouragement to vote for the candidates identified; and
(vi)
information about voting, such as voting hours and locations.
(13)
“Political committee” or “political action committee” means any
formal or informal committee of two or more individuals or a corporation,
labor organization, public interest group, or other entity, not including a
political party, which accepts contributions of $1,000.00 or more and makes
expenditures of $1,000.00 or more in any two-year general election cycle for
the purpose of supporting or opposing one or more candidates, influencing an
election, or advocating a position on a public question in any election, and
includes an independent expenditure-only political committee.
(14) “Political party” means a political party organized under chapter 45
of this title and any committee established, financed, maintained, or controlled
by the party, including any subsidiary, branch, or local unit thereof, and shall
be considered a single, unified political party.
The national affiliate of the
political party shall be considered a separate political party.
(15)
“Public question” means an issue that is before the voters for a
binding decision.
(16)
“Single source” means an individual, partnership, corporation,
association, labor organization, or any other organization or group of persons
which is not a political committee or political party.
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(17)
“Telephone bank” means more than 500 telephone calls of an
identical or substantially similar nature that are made to the general public
within any 30-day period.
(18) “Two-year general election cycle” means the 24-month period that
begins 38 days after a general election.
§ 2902.
EXCEPTIONS
The
definitions
of
“contribution,”
“expenditure,”
and
“electioneering
communication” shall not apply to:
(1)
any news story, commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper, magazine, or other periodical
publication that has not been paid for or such facilities are not owned or
controlled by any political party, committee, or candidate; or
(2)
any communication distributed through a public access television
station if the communication complies with the laws and rules governing the
station and if all candidates in the race have an equal opportunity to promote
their candidacies through the station.
§ 2903.
PENALTIES
(a)
A person who knowingly and intentionally violates a provision of
subchapter 2, 3, or 4 of this chapter shall be fined not more than $1,000.00 or
imprisoned not more than six months, or both.
(b)
A person who violates any provision of this chapter shall be subject to a
civil penalty of up to $10,000.00 for each violation and shall refund the
unspent
balance
of
Vermont
campaign
finance
grants
received
under
subchapter 5 of this chapter, if any, calculated as of the date of the violation.
(c)
In addition to the other penalties provided in this section, a State’s
Attorney or the Attorney General may institute any appropriate action,
injunction, or other proceeding to prevent, restrain, correct, or abate any
violation of this chapter.
§ 2904.
CIVIL INVESTIGATION
(a)(1) The Attorney General or a State’s Attorney, whenever he or she has
reason to believe any person to be or to have been in violation of this chapter
or of any rule or regulation made pursuant to this chapter, may examine or
cause to be examined by any agent or representative designated by him or her
for that purpose any books, records, papers, memoranda, or physical objects of
any nature bearing upon each alleged violation and may demand written
responses under oath to questions bearing upon each alleged violation.
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(2)
The Attorney General or a State’s Attorney may require the
attendance of such person or of any other person having knowledge in the
premises in the county where such person resides or has a place of business or
in Washington County if such person is a nonresident or has no place of
business within the State and may take testimony and require proof material
for his or her information and may administer oaths or take acknowledgment in
respect of any book, record, paper, or memorandum.
(3) The Attorney General or a State’s Attorney shall serve notice of the
time, place, and cause of such examination or attendance or notice of the cause
of the demand for written responses personally or by certified mail upon such
person at his or her principal place of business or, if such place is not known,
to his or her last known address.
Such notice shall include a statement that a
knowing and intentional violation of subchapters 2 through 4 of this chapter is
subject to criminal prosecution.
(4)
Any book, record, paper, memorandum, or other information
produced by any person pursuant to this section shall not, unless otherwise
ordered by a court of this State for good cause shown, be disclosed to any
person other than the authorized agent or representative of the Attorney
General or a State’s Attorney or another law enforcement officer engaged in
legitimate law enforcement activities unless with the consent of the person
producing the same, except that any transcript of oral testimony, written
responses, documents, or other information produced pursuant to this section
may be used in the enforcement of this chapter, including in connection with
any civil action brought under section 2903 of this subchapter or subsection (c)
of this section.
(5)
Nothing in this subsection is intended to prevent the Attorney
General or a State’s Attorney from disclosing the results of an investigation
conducted under this section, including the grounds for his or her decision as to
whether to bring an enforcement action alleging a violation of this chapter or
of any rule or regulation made pursuant to this chapter.
(6)
This subsection shall not be applicable to any criminal investigation
or prosecution brought under the laws of this or any state.
(b)(1)
A person upon whom a notice is served pursuant to the provisions of
this section shall comply with its terms unless otherwise provided by the order
of a court of this State.
(2)
Any person who, with intent to avoid, evade, or prevent compliance,
in whole or in part, with any civil investigation under this section, removes
from any place; conceals, withholds, or destroys; or mutilates, alters, or by any
other means falsifies any documentary material in the possession, custody, or
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control of any person subject to such notice or mistakes or conceals any
information shall be fined not more than $5,000.00.
(c)(1)
Whenever any person fails to comply with any notice served upon
him or her under this section or whenever satisfactory copying or reproduction
of any such material cannot be done and the person refuses to surrender the
material, the Attorney General or a State’s Attorney may file, in the Superior
Court in the county in which the person resides or has his or her principal place
of business or in Washington County if the person is a nonresident or has no
principal place of business in this State, and serve upon the person a petition
for an order of the court for the enforcement of this section.
(2)
Whenever any petition is filed under this section, the court shall have
jurisdiction to hear and determine the matter so presented and to enter any
order or orders as may be required to carry into effect the provisions of this
section.
Any disobedience of any order entered under this section by any court
shall be punished as a contempt of the court.
(d)
Any person aggrieved by a civil investigation conducted under this
section may seek relief from Washington Superior Court or the Superior Court
in the county in which the aggrieved person resides.
Except for cases the court
considers to be of greater importance, proceedings before Superior Court as
authorized by this section shall take precedence on the docket over all other
cases.
§ 2905.
ADJUSTMENTS FOR INFLATION
(a)
Whenever it is required by this chapter, the Secretary of State shall
make adjustments to monetary amounts provided in this chapter based on the
Consumer Price Index.
Increases shall be rounded to the nearest $10.00 and
shall apply for the term of two two-year general election cycles.
Increases
shall be effective for the first two-year general election cycle beginning after
the general election held in 2016.
(b)
On or before the first two-year general election cycle beginning after
the general election held in 2016, the Secretary of State shall calculate and
publish on the online database set forth in section 2906 of this chapter each
adjusted monetary amount that will apply to those two two-year general
election cycles.
On or before the beginning of each second subsequent
two-year general election cycle, the Secretary of State shall publish the amount
of each adjusted monetary amount that shall apply for that two-year general
election cycle and the next two-year general election cycle.
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§
2906.
CAMPAIGN
DATABASE;
CANDIDATE
INFORMATION
WEB PAGE
(a)
Campaign database.
For each election, the Secretary of State shall
develop and continually update a publicly accessible campaign database which
shall be made available to the public through the Secretary of State’s home
page online service or through printed reports from the Secretary of State in
response to a public request within 14 days of the date of the request.
The
database shall contain:
(1)
at least the following information for all candidates for statewide,
county, and local office and for the General Assembly:
(A)
for candidates receiving public financing grants, the amount of
each grant awarded; and
(B)
the information contained in any reports submitted pursuant to
subchapter 4 of this chapter;
(2)
an Internet link to campaign finance reports filed by Vermont’s
candidates for federal office;
(3)
the adjustments for inflation made to monetary amounts as required
by this chapter; and
(4)
any photographs, biographical sketches, and position statements
submitted to the Secretary of State pursuant to subsection (b) of this section.
(b)
Candidate information web page.
(1)
Any candidate for statewide office and any candidate for federal
office qualified to be on the ballot in this State may submit to the Secretary of
State a photograph, biographical sketch, and position statement of a length and
format specified by the Secretary of State for the purposes of preparing a
candidate information web page within the website of the Secretary of State.
(2)
Without making any substantive changes in the material presented,
the Secretary of State shall prepare a candidate information web page on the
Secretary of State’s website, which includes the candidates’ photographs,
biographies, and position statements; a brief explanation of the process used to
obtain candidate submissions; and, with respect to offices for which public
financing is available, an indication of which candidates are receiving Vermont
campaign finance grants and which candidates are not receiving Vermont
campaign finance grants.
(3)
The Secretary of State shall populate the candidate information web
page by posting each candidate’s submission no later than three business days
after receiving the candidate’s submission.
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§ 2907.
ADMINISTRATION
The Secretary of State shall administer this chapter and shall perform all
duties required under this chapter.
The Secretary of State may employ or
contract for the services of persons necessary for performance of these duties.
Subchapter 2.
Registration and Maintenance Requirements
§ 2921.
CANDIDATES;
REGISTRATION; CHECKING
ACCOUNT;
TREASURER
(a)
Each candidate who has made expenditures or accepted contributions of
$500.00 or more in an election cycle shall register with the Secretary of State
within 10 days of reaching the $500.00 threshold or on the date that the next
report is required of the candidate under this chapter, whichever occurs first,
stating his or her full name and address; the office the candidate is seeking; the
name and address of the bank in which the candidate maintains his or her
campaign checking account; and the name and address of the treasurer
responsible for maintaining the checking account. A candidate’s treasurer may
be the candidate or his or her spouse.
(b)
All expenditures by a candidate shall be paid by either a credit card or a
debit card, check, or other electronic transfer from the single campaign
checking account in the bank designated by the candidate under subsection (a)
of this section, or, if under $250.00, the candidate may make the expenditure
from cash from that campaign checking account if accompanied by a receipt, a
copy of which shall be maintained by the candidate for at least two years from
the end of the election cycle in which the expenditure was made.
Nothing in
this subsection shall be construed to prohibit the payment of fees required to be
made from a separately held online account designated solely to collect
campaign contributions made to the candidate.
(c) As used in this section, “election cycle” means:
(1)
in the case of a general or local election, the period that begins 38
days after the previous general or local election for the office and ends 38 days
after the general or local election for the office for which that person is a
candidate, and includes any primary or run-off election related to that general
or local election; or
(2)
in the case of a special election, the period that begins on the date the
special election for the office was ordered and ends 38 days after that special
election, and includes any special primary or run-off election related to that
special election.
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§
2922.
POLITICAL
COMMITTEES;
REGISTRATION;
CHECKING
ACCOUNT; TREASURER
(a)
Each political committee shall register with the Secretary of State
within 10 days of making expenditures of $1,000.00 or more and accepting
contributions of $1,000.00 or more stating its full name and address; the name
and address of the bank in which it maintains its campaign checking account;
and the name and address of the treasurer responsible for maintaining the
checking account.
(b)
All expenditures by a political committee shall be paid by either a credit
card or a debit card, check, or other electronic transfer from the single
campaign checking account in the bank designated by the political committee
under subsection (a) of this section, or, if under $250.00, the political
committee may make the expenditure from cash from that campaign checking
account if accompanied by a receipt, a copy of which shall be maintained by
the political committee for at least two years from the end of the two-year
general election cycle in which the expenditure was made.
Nothing in this
subsection shall be construed to prohibit the payment of fees required to be
made from a separately held online account designated solely to collect
campaign contributions made to the political committee.
(c)
A political committee whose principal place of business or whose
treasurer is not located in this State shall file a statement with the Secretary of
State designating a person who resides in this State upon whom may be served
any process, notice, or demand required or permitted by law to be served upon
the political committee.
This statement shall be filed at the same time as the
registration required in subsection (a) of this section.
§
2923.
POLITICAL
PARTIES;
REGISTRATION;
CHECKING
ACCOUNTS; TREASURER
(a)(1)
Each political party which has accepted contributions or made
expenditures of $1,000.00 or more in any two-year general election cycle shall
register with the Secretary of State within 10 days of reaching the $1,000.00
threshold.
In its registration, the party shall state its full name and address, the
name and address of the bank in which it maintains its campaign checking
account, and the name and address of the treasurer responsible for maintaining
the checking account.
(2)
A political party may permit any subsidiary, branch, or local unit of
the political party to maintain its own checking account.
If a subsidiary,
branch, or local unit of a political party is so permitted, it shall file with the
Secretary of State within five days of establishing the checking account its full
name and address, the name of the political party, the name and address of the
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bank in which it maintains its campaign checking account, and the name and
address of the treasurer responsible for maintaining the checking account.
(b)
All expenditures by a political party or its subsidiary, branch, or local
unit shall be paid by either a credit card or a debit card, check, or other
electronic transfer from the single campaign checking account in the bank
designated by the political party, subsidiary, branch, or local unit under
subsection (a) of this section, or if under $250.00, the political party,
subsidiary, branch, or local unit may make the expenditure from cash from that
campaign checking account if accompanied by a receipt, a copy of which shall
be maintained by the political party, subsidiary, branch, or local unit for at
least two years from the end of the two-year general election cycle in which
the expenditure was made.
Nothing in this subsection shall be construed to
prohibit the payment of fees required to be made from a separately held online
account designated solely to collect campaign contributions made to the
political party, subsidiary, branch, or local unit.
(c)
A political party or its subsidiary, branch, or local unit whose principal
place of business or whose treasurer is not located in this State shall file a
statement with the Secretary of State designating a person who resides in this
State upon whom may be served any process, notice, or demand required or
permitted by law to be served upon the political party, subsidiary, branch, or
local unit.
This statement shall be filed at the same time as the registration
required in subsection (a) of this section.
§
2924.
CANDIDATES;
SURPLUS
CAMPAIGN
FUNDS;
NEW
CAMPAIGN ACCOUNTS
(a)
A candidate who has surplus funds after all campaign debts have been
paid shall not convert the surplus to personal use, other than to reduce personal
campaign debts or as otherwise provided in this chapter.
(b) Surplus funds in a candidate’s account shall be:
(1)
contributed
to
other
candidates,
political
parties,
or
political
committees subject to the contribution limits set forth in this chapter;
(2)
contributed to a charity;
(3)
contributed to the Secretary of State Services Fund;
(4)
rolled over into a new campaign or be carried forward for surplus
maintenance as provided in subsection (d) of this section; or
(5)
liquidated using a combination of the provisions set forth in
subdivisions (1)–(4) of this subsection.
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(c) The “final report” of a candidate shall indicate the amount of the surplus
and how it has been liquidated.
(d)(1)(A)
A candidate who chooses to roll over any surplus into a new
campaign for public office shall close out his or her former campaign by
converting all debts and assets to the new campaign.
(B)
A candidate who does not intend to be a candidate in a
subsequent election but who chooses to carry forward any surplus shall
maintain that surplus by closing out his or her former campaign and converting
all debts and assets to surplus maintenance.
(2) The candidate may use his or her former campaign’s treasurer and
bank account for the new campaign under subdivision (1)(A) of this subsection
or the maintenance of surplus under subdivision (1)(B) of this subsection.
A
candidate shall be required to file a new bank designation form only if there
has been a change in the treasurer or the location of the campaign account.
§ 2925.
POLITICAL COMMITTEES; SURPLUS CAMPAIGN FUNDS
(a)
A member of a political committee that has surplus funds after all
campaign debts have been paid shall not convert the surplus to personal use.
(b) Surplus funds in a political committee’s account shall be:
(1)
contributed
to
other
candidates,
political
parties,
or
political
committees subject to the contribution limits set forth in this chapter;
(2)
contributed to a charity;
(3)
contributed to the Secretary of State Services Fund; or
(4)
liquidated using a combination of the provisions set forth in
subdivisions (1)–(3) of this subsection.
(c) The “final report” of a political committee shall indicate the amount of
the surplus and how it has been liquidated.
Subchapter 3.
Contribution Limitations
§ 2941.
LIMITATIONS OF CONTRIBUTIONS
(a)
In any election cycle:
(1)(A)
A candidate for State Representative or for local office shall not
accept contributions totaling more than:
(i)
$1,000.00 from a single source; or
(ii)
$1,000.00 from a political committee.
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(B)
Such a candidate may accept unlimited contributions from a
political party.
(2)(A)
A candidate for State Senator or for county office shall not accept
contributions totaling more than:
(i)
$1,500.00 from a single source; or
(ii)
$1,500.00 from a political committee.
(B)
Such a candidate may accept unlimited contributions from a
political party.
(3)(A)
A candidate for the office of Governor, Lieutenant Governor,
Secretary of State, State Treasurer, Auditor of Accounts, or Attorney General
shall not accept contributions totaling more than:
(i)
$4,000.00 from a single source; or
(ii)
$4,000.00 from a political committee.
(B)
Such a candidate may accept unlimited contributions from a
political party.
(4)
A political committee shall not accept contributions totaling more
than:
(A)
$4,000.00
from a single source;
(B)
$4,000.00
from a political committee; or
(C)
$4,000.00
from a political party.
(5)
A political party shall not accept contributions totaling more than:
(A)
$10,000.00 from a single source;
(B)
$10,000.00 from a political committee; or
(C)
$60,000.00 from a political party.
(6)
A single source shall not contribute more than an aggregate of:
(A)
$40,000.00 to candidates; and
(B)
$40,000.00 to political committees.
(b)
A single source, political committee, or political party shall not
contribute more to a candidate, political committee, or political party than the
candidate, political committee, or political party is permitted to accept under
this section.
(c) As used in this section:
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(1)
For a candidate described in subdivisions (1)–(3) of subsection (a),
an “election cycle” means:
(A)
in the case of a general or local election, the period that begins 38
days after the previous general or local election for the office and ends 38 days
after the general or local election for the office for which that person is a
candidate, and includes any primary or run-off election related to that general
or local election; or
(B)
in the case of a special election, the period that begins on the date
the special election for the office was ordered and ends 38 days after that
special election, and includes any special primary or run-off election related to
that special election.
(2)
For a political committee, political party, or single source described
in subdivisions (4)–(6) of subsection (a), an “election cycle” means a two-year
general election cycle.
§ 2942.
EXCEPTIONS
The contribution limitations established by this subchapter shall not apply
to contributions to a political committee made for the purpose of advocating a
position on a public question, including a constitutional amendment.
§ 2943.
LIMITATIONS ADJUSTED FOR INFLATION
The contribution limitations contained in this subchapter shall be adjusted
for inflation pursuant to the Consumer Price Index as provided in section 2905
of this chapter.
§ 2944.
ACCOUNTABILITY FOR RELATED EXPENDITURES
(a) A related campaign expenditure made on a candidate’s behalf shall be
considered a contribution to the candidate on whose behalf it was made.
(b) As used in this section, a “related campaign expenditure made on the
candidate’s behalf” means any expenditure intended to promote the election of
a specific candidate or group of candidates or the defeat of an opposing
candidate or group of candidates if intentionally facilitated by, solicited by, or
approved by the candidate or the candidate’s committee.
(c)(1)
An expenditure made by a political party or by a political committee
that recruits or endorses candidates that primarily benefits six or fewer
candidates who are associated with the political party or political committee
making the expenditure is presumed to be a related expenditure made on behalf
of those candidates, except that the acquisition, use, or dissemination of the
images of those candidates by the political party or political committee shall
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not be presumed to be a related expenditure made on behalf of those
candidates.
(2)
An expenditure made by a political party or by a political committee
that recruits or endorses candidates that substantially benefits more than six
candidates and facilitates party or political committee functions, voter turnout,
platform promotion, or organizational capacity shall not be presumed to be a
related expenditure made on a candidate’s behalf.
(d)(1)
As used in this section, an expenditure by a person shall not be
considered a “related expenditure made on the candidate’s behalf” if all of the
following apply:
(A)
the expenditure was made in connection with a campaign event
whose purpose was to provide a group of voters with the opportunity to meet a
candidate;
(B)
the expenditure was made for:
(i)
invitations and any postage for those invitations to invite voters
to the event; or
(ii)
any food or beverages consumed at the event and any related
supplies thereof; and
(C)
the cumulative value of any expenditure by the person made
under this subsection does not exceed $500.00 per event.
(2)
For the purposes of this subsection:
(A)
if the cumulative value of any expenditure by a person made
under this subsection exceeds $500.00 per event, the amount equal to the
difference between the two shall be considered a “related expenditure made on
the candidate’s behalf”; and
(B)
any reimbursement to the person by the candidate for the costs of
the
expenditure
shall
be
subtracted
from
the
cumulative
value
of
the
expenditures.
(e)(1)
A candidate may seek a determination that an expenditure is a related
expenditure made on behalf of an opposing candidate by filing a petition with
the Superior Court of the county in which either candidate resides.
(2)
Within 24 hours of the filing of a petition, the court shall schedule
the petition for hearing.
Except as to cases the court considers of greater
importance, proceedings before the Superior Court, as authorized by this
section, and appeals from there take precedence on the docket over all other
cases and shall be assigned for hearing and trial or for argument at the earliest
practicable date and expedited in every way.
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(3)
The findings and determination of the court shall be prima facie
evidence in any proceedings brought for violation of this chapter.
(f)
The Secretary of State may adopt rules necessary to administer the
provisions of this section.
§ 2945.
ACCEPTING CONTRIBUTIONS
(a)
A
candidate,
political
committee,
or
political
party
accepts
a
contribution
when
the contribution is deposited in the candidate’s,
committee’s, or party’s campaign account or five business days after the
candidate, committee, or party receives it, whichever comes first.
(b)
A candidate, political committee, or political party shall not accept a
monetary contribution in excess of $100.00 unless made by check, credit or
debit card, or other electronic transfer.
§ 2946. CANDIDATE’S ATTRIBUTION TO PREVIOUS CYCLE
A
candidate’s
expenditures
related
to
a
previous
campaign
and
contributions used to retire a debt of a previous campaign shall be attributed to
the earlier campaign.
§ 2947.
CONTRIBUTIONS FROM A CANDIDATE
This subchapter shall not be interpreted to limit the amount a candidate may
contribute to his or her own campaign.
§ 2948.
PROHIBITION ON TRANSFERRING CONTRIBUTIONS
A candidate, political committee, or political party shall not accept a
contribution which the candidate, political committee, or political party knows
is not directly from the contributor but was transferred to the contributor by
another person for the purpose of transferring the same to the candidate,
political
committee,
or
political
party
or
otherwise
circumventing
the
provisions of this chapter.
It shall be a violation of this chapter for a person to
make a contribution with the explicit or implicit understanding that the
contribution will be transferred in violation of this section.
§ 2949. USE OF TERM “CANDIDATE”
As used in this subchapter, the term “candidate” includes the candidate’s
committee, except in regard to the provisions of section 2947 of this
subchapter.
Subchapter 4.
Reporting Requirements; Disclosures
§ 2961.
SUBMISSION OF REPORTS TO THE SECRETARY OF STATE
(a)(1)
The Secretary of State shall provide on the online database set forth
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in section 2906 of this chapter digital access to the form that he or she provides
for any report required by this chapter.
Digital access shall enable any person
required to file a report under this chapter to file the report by completing and
submitting the report to the Secretary of State online.
(2)
The Secretary of State shall maintain on the online database all
reports that have been filed digitally on it so that any person may have direct
machine-readable electronic access to the individual data elements in each
report and the ability to search those data elements as soon as a report is filed.
(b)
Any person required to file a report with the Secretary of State under
this chapter shall file the report digitally on the online database.
§ 2962.
REPORTS; GENERAL PROVISIONS
(a)
Any report required to be submitted to the Secretary of State under this
chapter shall contain the statement “I hereby certify that the information
provided on all pages of this campaign finance disclosure report is true to the
best of my knowledge, information, and belief” and places for the signature of
the candidate or the treasurer of the candidate, political committee, or political
party.
(b)
Any person required to file a report under this chapter shall provide the
information required in the Secretary of State’s reporting form. Disclosure
shall be limited to the information required to administer this chapter.
(c)
All reports filed under this chapter shall be retained in an indexed file
by the Secretary of State and shall be subject to the examination of any person.
§ 2963.
CAMPAIGN REPORTS; SECRETARY OF STATE; FORMS;
FILING
(a)
The Secretary of State shall prescribe and provide a uniform reporting
form for all campaign finance reports.
The reporting form shall be designed to
show the following information:
(1)
the full name, town of residence, and mailing address of each
contributor who contributes an amount in excess of $100.00, the date of the
contribution, and the amount contributed;
(2)
the total amount of all contributions of $100.00 or less and the total
number of all such contributions;
(3)
each expenditure listed by amount, date, to whom paid, for what
purpose; and
(A)
if the expenditure was a related campaign expenditure made on a
candidate’s behalf:
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(i)
the name of the candidate or candidates on whose behalf the
expenditure was made; and
(ii)
the name of any other candidate or candidates who were
otherwise supported or opposed by the expenditure; or
(B)
if the expenditure was not a related campaign expenditure made
on a candidate’s behalf but was made to support or oppose a candidate or
candidates, the name of the candidate or candidates;
(4)
the amount contributed or loaned by the candidate to his or her own
campaign during the reporting period; and
(5)
each debt or other obligation, listed by amount, date incurred, to
whom owed, and for what purpose, incurred during the reporting period.
(b)(1)
The form shall require the reporting of all contributions and
expenditures accepted or spent during the reporting period and during the
campaign to date and shall require full disclosure of the manner in which any
indebtedness is discharged or forgiven.
(2)
Contributions and expenditures for the reporting period and for the
campaign to date also shall be totaled in an appropriate place on the form.
The
total of contributions shall include a subtotal of nonmonetary contributions and
a subtotal of all monetary contributions.
(3)
The form shall contain a list of the required filing times so that the
person filing may designate for which time period the filing is made.
(4)
Contributions accepted and expenditures spent after 5:00 p.m. on the
third day prior to the filing deadline shall be reported on the next report.
§ 2964.
CAMPAIGN REPORTS; CANDIDATES FOR STATE OFFICE,
THE
GENERAL
ASSEMBLY,
AND
COUNTY
OFFICE;
POLITICAL COMMITTEES; POLITICAL PARTIES
(a)(1)
Each candidate for State office, the General Assembly, or a
two-year-term county office who has rolled over any amount of surplus into
his
or
her
new
campaign
or
who
has
made
expenditures
or
accepted
contributions of $500.00 or more during the two-year general election cycle
and, except as provided in subsection (b) of this section, each political
committee that has not filed a final report pursuant to subsection 2965(b) of
this chapter, and each political party required to register under section 2923 of
this chapter shall file with the Secretary of State campaign finance reports
as follows:
(A)
in the first year of the two-year general election cycle, on
July 15; and
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(B)
in the second year of the two-year general election cycle:
(i)
on March 15;
(ii)
on July 15 and August 15;
(iii)
on September 1;
(iv)
on October 1, October 15, and November 1; and
(v)
two weeks after the general election.
(2)
Each candidate for a four-year-term county office who has rolled
over any amount of surplus into his or her new campaign or who has made
expenditures or accepted contributions of $500.00 or more during the four-year
general election cycle shall file with the Secretary of State campaign finance
reports as follows:
(A)
in the first three years of the four-year general election cycle, on
July 15; and
(B)
in the fourth year of the four-year general election cycle:
(i)
on March 15;
(ii)
on July 15 and August 15;
(iii)
on September 1;
(iv)
on October 1, October 15, and November 1; and
(v)
two weeks after the general election.
(b)(1)
A political committee or a political party which has accepted
contributions or made expenditures of $1,000.00 or more during the local
election cycle for the purpose of influencing a local election or supporting or
opposing one or more candidates in a local election shall file with the Secretary
of State campaign finance reports regarding that local election 30 days before,
10 days before, and two weeks after the local election.
(2) As used in this subsection, “local election cycle” means:
(A)
in the case of a local election, the period that begins 38 days after
the local election prior to the one for which the contributions or expenditures
were made and ends 38 days after the local election for which the contributions
or expenditures were made, and includes any primary or run-off election
related to that local election; or
(B)
in the case of a special local election, the period that begins on
the date the special local election was ordered and ends 38 days after that
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special local election, and includes any special primary or run-off election
related to that special local election.
(c)
The failure of a candidate, political committee, or political party to file a
report under this section shall be deemed an affirmative statement that a report
is not required of the candidate, political committee, or political party under
this section.
§ 2965.
FINAL REPORTS; CANDIDATES FOR STATE OFFICE, THE
GENERAL ASSEMBLY, AND COUNTY OFFICE; POLITICAL
COMMITTEES; POLITICAL PARTIES
(a)
At any time, but not later than December 15th following the general
election, each candidate required to report under the provisions of section 2964
of this subchapter shall file with the Secretary of State a “final report” which
lists a complete accounting of all contributions and expenditures since the last
report and liquidation of surplus and which shall constitute the termination of
his or her campaign activities.
(b) At any time, a political committee or a political party may file a “final
report” which lists a complete accounting of all contributions and expenditures
since the last report and liquidation of surplus and which shall constitute the
termination of its campaign activities.
§ 2966.
REPORTS BY CANDIDATES NOT REACHING MONETARY
REPORTING THRESHOLD
(a)
Each
candidate
for
State
office,
the
General
Assembly,
or
a
two-year-term county office who was not required to report under the
provisions of section 2964 of this subchapter shall file with the Secretary of
State 10 days following the general election a statement that the candidate
either did not roll over any amount of surplus into his or her new campaign or
has not made expenditures or accepted contributions of $500.00 or more
during the two-year general election cycle.
(b)
Each candidate for a four-year-term county office who was not required
to report under the provisions of section 2964 of this subchapter shall file with
the Secretary of State 10 days following the general election a statement that
the candidate either did not roll over any amount of surplus into his or her new
campaign or has not made expenditures or accepted contributions of $500.00
or more during the four-year general election cycle.
§ 2967.
ADDITIONAL CAMPAIGN REPORTS; CANDIDATES FOR
STATE OFFICE AND THE GENERAL ASSEMBLY
(a)
In addition to any other reports required to be filed under this chapter, a
candidate for State office or for the General Assembly who accepts a monetary
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contribution in an amount over $2,000.00 within 10 days of a primary or
general election shall report the contribution to the Secretary of State within
24 hours of receiving the contribution.
(b)
A
report
required
by
this
section
shall
include
the
following
information:
(1)
the full name, town of residence, and mailing address of the
contributor; the date of the contribution; and the amount contributed; and
(2)
the amount contributed or loaned by the candidate to his or her own
campaign.
§ 2968.
CAMPAIGN REPORTS; LOCAL CANDIDATES
(a)
Each candidate for local office who has rolled over any amount of
surplus into his or her new campaign or who has made expenditures or
accepted contributions of $500.00 or more since the last local election for that
office shall file with the Secretary of State campaign finance reports 30 days
before, 10 days before, and two weeks after the local election.
(b)
Within 40 days after the local election, each candidate for local office
required to report under the provisions of subsection (a) of this section shall
file with the Secretary of State a “final report” which lists a complete
accounting of all contributions and expenditures since the last report and a
liquidation of surplus and which shall constitute the termination of his or her
campaign activities.
(c)
The failure of a local candidate to file a campaign finance report under
this section shall be deemed an affirmative statement that the candidate either
did not roll over any amount of surplus into his or her new campaign or has not
accepted contributions or made expenditures of $500.00 or more since the last
local election for that office.
§ 2969.
REPORTING OF SURPLUS MAINTENANCE BY FORMER
CANDIDATES
A former candidate who has maintained surplus by carrying it forward as
provided in subdivision 2924(d)(1)(B) of this chapter but who is not otherwise
required to file campaign reports under this chapter shall file a report of the
amount of his or her surplus and any liquidation of it two weeks after each
general election until liquidation of all surplus has been reported.
§ 2970.
CAMPAIGN
REPORTS;
OTHER
ENTITIES;
PUBLIC
QUESTIONS
(a)
Any formal or informal committee of two or more individuals or a
corporation, labor organization, public interest group, or other entity, not
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including a political party, which makes expenditures of $1,000.00 or more
during the election cycle for the purpose of advocating a position on a public
question in any election shall file a report of its expenditures 30 days before,
10 days before, and two weeks after the election with the Secretary of State.
(b) As used in this section, “election cycle” means:
(1)
in the case of a public question in a general or local election, the
period that begins 38 days after the general or local election prior to the one in
which the public question is posed and ends 38 days after the general or local
election in which the public question is posed; or
(2)
in the case of a public question in a special election, the period that
begins on the date the special election for the public question was ordered and
ends 38 days after that special election.
§ 2971.
REPORT OF MASS MEDIA ACTIVITIES
(a)(1)
In addition to any other reports required to be filed under this
chapter, a person who makes expenditures for any one mass media activity
totaling $500.00 or more, adjusted for inflation pursuant to the Consumer Price
Index as provided in section 2905 of this chapter, within 45 days before a
primary, general, county, or local election shall, for each activity, file a mass
media report with the Secretary of State and send a copy of the report to each
candidate whose name or likeness is included in the activity without that
candidate’s knowledge.
(2)
The copy of the mass media report shall be sent by e-mail to each
such candidate who has provided the Secretary of State with an e-mail address
on his or her consent form and to any other such candidate by mail.
(3)
The mass media report shall be filed and the copy of the report shall
be sent within 24 hours of the expenditure or activity, whichever occurs first.
For the purposes of this section, a person shall be treated as having made an
expenditure if the person has executed a contract to make the expenditure.
(b)
The report shall identify the person who made the expenditure; the
name of each candidate whose name or likeness was included in the activity;
the amount and date of the expenditure; to whom it was paid; and the purpose
of the expenditure.
(c)
If the activity occurs within 30 days before the election and the
expenditure was previously reported, an additional report shall be required
under this section.
(d)(1)
In addition to the reporting requirements of this section, an
independent expenditure-only political committee that makes an expenditure
for any one mass media activity totaling $5,000.00 or more, adjusted for
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inflation pursuant to the Consumer Price Index as provided in section 2905 of
this chapter, within 45 days before a primary, general, county, or local election
shall, for each such activity and within 24 hours of the expenditure or activity,
whichever
occurs
first,
file
an
independent
expenditure-only
political
committee mass media report with the Secretary of State and send a copy of
the report to each candidate whose name or likeness is included in the activity
without that candidate’s knowledge.
(2)
The report shall include all of the information required under
subsection (b) of this section, as well as the names of the contributors, dates,
and amounts for all contributions in excess of $100.00 accepted since the filing
of the committee’s last report.
§ 2972.
IDENTIFICATION IN ELECTIONEERING COMMUNICATIONS
(a)
An electioneering communication shall contain the name and mailing
address of the person, candidate, political committee, or political party that
paid for the communication.
The name and address shall appear prominently
and in a manner such that a reasonable person would clearly understand by
whom the expenditure has been made, except that:
(1)
An electioneering communication transmitted through radio and paid
for by a candidate does not need to contain the candidate’s address.
(2)
An electioneering communication paid for by a person acting as an
agent or consultant on behalf of another person, candidate, political committee,
or political party shall clearly designate the name and mailing address of the
person, candidate, political committee, or political party on whose behalf the
communication is published or broadcast.
(b)
If an electioneering communication is a related campaign expenditure
made on a candidate’s behalf as provided in section 2944 of this chapter, then
in addition to other requirements of this section, the communication shall also
clearly designate the candidate on whose behalf it was made by including
language such as “on behalf of” such candidate.
(c)
In addition to the identification requirements in subsections (a) and (b)
of this section, an electioneering communication paid for by or on behalf of a
political committee or political party shall contain the name of any contributor
who contributed more than 25 percent of all contributions and more than
$2,000.00 to that committee or party since the beginning of the two-year
general election cycle in which the electioneering communication was made to
the date on which the expenditure for the electioneering communication was
made.
For the purposes of this subsection, a political committee or political
party shall be treated as having made an expenditure if the committee or party
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or person acting on behalf of the committee or party has executed a contract to
make the expenditure.
(d)
The identification requirements of this section shall not apply to lapel
stickers or buttons, nor shall they apply to electioneering communications
made by a single individual acting alone who spends, in a single two-year
general election cycle, a cumulative amount of no more than $150.00 on those
electioneering
communications,
adjusted
for
inflation
pursuant
to
the
Consumer Price Index as provided in section 2905 of this chapter.
§ 2973.
SPECIFIC IDENTIFICATION REQUIREMENTS FOR RADIO,
TELEVISION, OR INTERNET COMMUNICATIONS
(a)
In addition to the identification requirements set forth in section 2972 of
this subchapter, a person, candidate, political committee, or political party that
makes an expenditure for an electioneering communication shall include in any
communication which is transmitted through radio, television, or online video,
in a clearly spoken manner, an audio statement of the name and title of the
person who paid for the communication and that the person paid for the
communication.
(b)
If the person who paid for the communication is not a natural person,
the audio statement required by this section shall include the name of that
person and the name and title of the principal officer of the person.
Subchapter 5.
Public Financing Option
§ 2981.
DEFINITIONS
As used in this subchapter:
(1) “Affidavit” means the Vermont campaign finance affidavit required
under section 2982 of this chapter.
(2) “General election period” means the period beginning the day after
the primary election and ending the day of the general election.
(3)
“Primary election period” means the period beginning the day after
primary petitions must be filed under section 2356 of this title and ending the
day of the primary election.
(4) “Vermont campaign finance qualification period” means the period
beginning February 15 of each even-numbered year and ending on the date on
which primary petitions must be filed under section 2356 of this title.
§ 2982.
FILING OF VERMONT CAMPAIGN FINANCE AFFIDAVIT
(a)
A candidate for the office of Governor or Lieutenant Governor who
intends to seek Vermont campaign finance grants from the Secretary of State
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Services Fund shall file a Vermont campaign finance affidavit on the date on
or before which primary petitions must be filed, whether the candidate seeks to
enter a party primary or is an independent candidate.
(b)
The Secretary of State shall prepare a Vermont campaign finance
affidavit
form,
informational
materials
on
procedures
and
financial
requirements, and notification of the penalties for violation of this subchapter.
(c)(1)
The
Vermont
campaign
finance
affidavit
shall
set
forth
the
conditions of receiving grants under this subchapter and provide space for the
candidate to agree that he or she will abide by such conditions and all
expenditure and contribution limitations, reporting requirements, and other
provisions of this chapter.
(2) The affidavit shall also state the candidate’s name, legal residence,
business or occupation, address of business or occupation, party affiliation, if
any, the office sought, and whether the candidate intends to enter a party
primary.
(3) The affidavit shall also contain a list of all the candidate’s qualifying
contributions together with the name and town of residence of the contributor
and the date each contribution was made.
(4)
The
affidavit
may
further
require
affirmation
of
such
other
information
as
deemed
necessary
by
the
Secretary
of
State
for
the
administration of this subchapter.
(5)
The affidavit shall be sworn and subscribed to by the candidate.
§ 2983.
VERMONT CAMPAIGN FINANCE GRANTS; CONDITIONS
(a)
A person shall not be eligible for Vermont campaign finance grants if,
prior to February 15 of the general election year during any two-year general
election cycle, he or she becomes a candidate by announcing that he or she
seeks an elected position as Governor or Lieutenant Governor or by accepting
contributions totaling $2,000.00 or more or by making expenditures totaling
$2,000.00 or more.
(b)
A candidate who accepts Vermont campaign finance grants shall:
(1)
not solicit, accept, or expend any contributions except qualifying
contributions, Vermont campaign finance grants, and contributions authorized
under section 2985 of this chapter, which contributions may be solicited,
accepted,
or
expended
only
in
accordance
with
the
provisions
of
this
subchapter;
(2)
deposit all qualifying contributions, Vermont campaign finance
grants, and any contributions accepted in accordance with the provisions of
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section 2985 of this chapter in a federally insured noninterest-bearing checking
account; and
(3)
not later than 40 days after the general election, deposit in the
Secretary of State Services Fund, after all permissible expenditures have been
paid, the balance of any amounts remaining in the account established under
subdivision (2) of this subsection.
§ 2984.
QUALIFYING CONTRIBUTIONS
(a)
In order to qualify for Vermont campaign finance grants, a candidate for
the office of Governor or Lieutenant Governor shall obtain during the Vermont
campaign finance qualification period the following amount and number of
qualifying contributions for the office being sought:
(1)
for Governor, a total amount of no less than $35,000.00 collected
from
no
fewer
than
1,500
qualified
individual
contributors
making
a
contribution of no more than $50.00 each; or
(2)
for Lieutenant Governor, a total amount of no less than $17,500.00
collected from no fewer than 750 qualified individual contributors making a
contribution of no more than $50.00 each.
(b)
A candidate shall not accept more than one qualifying contribution
from the same contributor and a contributor shall not make more than one
qualifying contribution to the same candidate in any Vermont campaign
finance qualification period.
For the purpose of this section, a qualified
individual contributor means an individual who is registered to vote in
Vermont.
No more than 25 percent of the total number of qualified individual
contributors may be residents of the same county.
(c)
Each qualifying contribution shall indicate the name and town of
residence of the contributor and the date accepted and be acknowledged by the
signature of the contributor.
(d)
A candidate may retain and expend qualifying contributions obtained
under this section.
A candidate may expend the qualifying contributions for
the purpose of obtaining additional qualifying contributions and may expend
the remaining qualifying contributions during the primary and general election
periods.
Amounts
expended
under this
subsection
shall
be
considered
expenditures for purposes of this chapter.
§
2985.
VERMONT
CAMPAIGN
FINANCE
GRANTS;
AMOUNTS;
TIMING
(a)(1)
The Secretary of State shall make grants from the Secretary of State
Services Fund in separate grants for the primary and general election periods to
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candidates who have qualified for Vermont campaign finance grants under this
subchapter.
(2)
To cover any campaign finance grants to candidates who have
qualified under this subchapter, the Secretary of State shall report to the
Commissioner of Finance and Management, who shall anticipate receipts to
the
Services
Fund
and
issue
warrants
to
pay
for
those
grants.
The
Commissioner shall report any such anticipated receipts and warrants issued
under this subdivision to the Joint Fiscal Committee on or before December 1
of the year in which the warrants were issued.
(b)
Whether a candidate has entered a primary or is an independent
candidate, Vermont campaign finance grants shall be in the following amounts:
(1)
For Governor, $150,000.00 in a primary election period and
$450,000.00 in a general election period, provided that the grant for a primary
election period shall be reduced by an amount equal to the candidate’s
qualifying contributions.
(2)
For Lieutenant Governor, $50,000.00 in a primary election period
and $150,000.00 in a general election period, provided that the grant for a
primary election period shall be reduced by an amount equal to the candidate’s
qualifying contributions;
(3)
A candidate who is an incumbent of the office being sought shall be
entitled to receive a grant in an amount equal to 85 percent of the amount listed
in subdivision (1) or (2) of this subsection.
(c)
In an uncontested general election and in the case of a candidate who
enters a primary election and is unsuccessful in that election, an otherwise
eligible candidate shall not be eligible for a general election period grant.
However, such candidate may solicit and accept contributions and make
expenditures as follows:
contributions shall be subject to the limitations set
forth in subchapter 3 of this chapter, and expenditures shall be limited to an
amount equal to the amount of the grant set forth in subsection (b) of this
section for the general election for that office.
(d)
Grants awarded in a primary election period but not expended by the
candidate in the primary election period may be expended by the candidate in
the general election period.
(e)
Vermont campaign finance grants for a primary election period shall be
paid to qualifying candidates within the first 10 business days of the primary
election period.
Vermont campaign finance grants for a general election
period shall be paid to qualifying candidates during the first 10 business days
of the general election period.
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§ 2986.
MONETARY AMOUNTS ADJUSTED FOR INFLATION
The monetary amounts contained in sections 2983–2985 of this subchapter
shall be adjusted for inflation pursuant to the Consumer Price Index as
provided in section 2905 of this chapter.
Sec. 4.
17 V.S.A. § 2971 is amended to read:
§ 2971.
REPORT OF MASS MEDIA ACTIVITIES
(a)(1)
In addition to any other reports required to be filed under this
chapter, a person who makes expenditures for any one mass media activity
totaling $500.00 or more, adjusted for inflation pursuant to the Consumer Price
Index as provided in section 2905 of this chapter, within 45 days before a
primary, general, county, or local election shall, for each activity, file a mass
media report with the Secretary of State and send a copy of the report to each
candidate whose name or likeness is included in the activity without that
candidate’s knowledge.
(2)
The copy of the mass media report shall be sent by e-mail to each
such candidate who has provided the Secretary of State with an e-mail address
on his or her consent form and to any other such candidate by mail.
(3)
The mass media report shall be filed and the copy of the report shall
be sent within 24 hours of the expenditure or activity, whichever occurs first.
For the purposes of this section, a person shall be treated as having made an
expenditure if the person has executed a contract to make the expenditure.
(b)
The report shall identify the person who made the expenditure; the
name of each candidate whose name or likeness was included in the activity;
the amount and date of the expenditure; to whom it was paid; and the purpose
of the expenditure.
(c)
If the activity occurs within 30 days before the election and the
expenditure was previously reported, an additional report shall be required
under this section.
(d)(1)
In addition to the reporting requirements of this section, an
independent expenditure-only political committee that makes an expenditure
for any one mass media activity totaling $5,000.00 or more, adjusted for
inflation pursuant to the Consumer Price Index as provided in section 2905 of
this chapter, within 45 days before a primary, general, county, or local election
shall, for each such activity and within 24 hours of the expenditure or activity,
whichever
occurs
first,
file
an
independent
expenditure-only
political
committee mass media report with the Secretary of State and send a copy of
the report to each candidate whose name or likeness is included in the activity
without that candidate’s knowledge.
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(2)
The report shall include all of the information required under
subsection (b) of this section, as well as the names of the contributors, dates,
and amounts for all contributions in excess of $100.00 accepted since the filing
of the committee’s last report. [Repealed.]
Sec. 5.
EVALUATION OF 2014 PRIMARY AND GENERAL ELECTIONS
The House and Senate Committees on Government Operations shall
evaluate the 2014 primary and general elections to determine the effect of the
implementation of this act.
Sec. 6.
SECRETARY OF STATE; REPORT; CORPORATIONS AND
LABOR UNIONS; SEPARATE SEGREGATED FUNDS
(a)
By December 15, 2014, the Secretary of State shall report to the Senate
and House Committees on Government Operations regarding any impact on
his or her office and on corporations and labor unions if corporations and labor
unions were required to establish separate segregated funds in order to make
contributions to candidates, political committees, and political parties as
provided in 2 U.S.C. § 441b and related federal law.
(b)
The report shall include an analysis of what entities would be subject to
the requirement described in subsection (a) of this section and how those
entities would otherwise be able to use their general treasury funds in relation
to political activity.
Sec. 7.
INTERIM REPORTING; METHOD OF REPORTING
(a)
Prior to and until the effective date of 17 V.S.A. § 2961 (submission of
reports to the Secretary of State) in Sec. 3 of this act, as the effective date is
provided in Sec. 8(a)(1) of this act, a person shall file reports required under
Sec. 3 of this act by any of the following methods:
(1)
by filing an original paper copy of a required report with the
Secretary of State; or
(2)
by sending to the Secretary of State a copy of the report by
facsimile; or
(3)
by attaching a PDF copy of the form to an e-mail and by sending the
e-mail to campaignfinance@sec.state.vt.us.
(b)(1)
Reports filed by a candidate, political committee, or political party
under subsection (a) of this section shall contain the signature of the candidate
or his or her treasurer or the treasurer of the political committee or political
party.
The treasurer shall be the same treasurer as provided by the candidate,
political committee, or political party under 17 V.S.A. §§ 2921–2923 in Sec. 3
of this act.
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(2)
All other reports filed under subsection (a) of this section shall
contain the signature of the person filing the report.
(c)(1)
Prior to the effective date of 17 V.S.A. § 2961 (submission of reports
to the Secretary of State) in Sec. 3 of this act, the Secretary of State may
provide on the online database digital access to campaign finance report forms
as described in 17 V.S.A. § 2961.
(2)
Notwithstanding the provisions of subsection (a) of this section, if
the Secretary of State provides digital access to report forms on the online
database as set forth in subdivision (1) of this subsection, a person required to
file a report under Sec. 3 of this act may file reports digitally on the online
database, as an alternative to the methods provided in subsection (a), until the
effective date of 17 V.S.A. § 2961.
(d)
The Secretary of State shall ensure that any campaign finance report
filed with his or her office prior to the effective date of 17 V.S.A. § 2961 is
accessible through his or her office.
Sec. 8.
EFFECTIVE DATES; TRANSITIONAL PROVISIONS
(a)
This act shall take effect on passage, except that:
(1)
in Sec. 3 of this act, 17 V.S.A. § 2961 (submission of reports to the
Secretary of State) shall take effect on January 15, 2015;
(2)
in Sec. 3 of this act, 17 V.S.A. § 2941 (limitations of contributions),
except subdivision (a)(6) (aggregate limits on contributions from a single
source), shall take effect on January 1, 2015;
(3)
in Sec. 3 of this act, 17 V.S.A. § 2941(a)(6) (limitations of
contributions; aggregate limits on contributions from a single source) shall not
take effect any sooner than January 1, 2015 and until the final disposition,
including all appeals, of
McCutcheon v. Federal Election Commission
, No.
12cv1034 (D.D.C. Sept. 28, 2012) is determined, and shall not take effect at all
if that final disposition holds that aggregate limits on contributions from single
sources are unconstitutional.
(4)
Sec. 4 of this act, amending 17 V.S.A. § 2971 (report of mass media
activities), shall not take effect unless and until the final disposition of a case
before the U.S. Court of Appeals for the Second Circuit or the U.S. Supreme
Court holds that limits on contributions to independent expenditure-only
political committees are constitutional.
(b)
The provisions of 17 V.S.A. § 2941(a)(4) (limitations of contributions;
limits on contributions to political committees) in Sec. 3 of this act shall not
apply to independent expenditure-only political committees, except that those
provisions shall apply to independent expenditure-only political committees if
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the final disposition of a case before the U.S. Court of Appeals for the Second
Circuit or the U.S. Supreme Court holds that limits on contributions to
independent expenditure-only political committees are constitutional.
(c)
As used in this section, “independent expenditure-only political
committee” shall have the same meaning as in Sec. 3, 17 V.S.A. § 2901(10), of
this act.
Representative Debbie Evans
Representative Linda J. Martin
Representative Michel A. Consejo
Committee on the part of the House
Senator Jeanette K. White
Senator Eldred M. French
Senator Richard A. Westman
Committee on the part of the Senate
Consent Calendar
Concurrent Resolutions
The following concurrent resolutions have been introduced for approval by
the Senate and House and will be adopted automatically unless a Senator or
Representative requests floor consideration before the end of the session of the
next legislative day.
Requests for floor consideration in either chamber should
be communicated to the Secretary’s office and/or the House Clerk’s office,
respectively.
For text of resolutions, see Addendum to House Calendar and
Senate Calendar.
H.C.R. 173
House concurrent resolution congratulating Evan Russell on his golfing
accomplishments
H.C.R. 174
House concurrent resolution extending best wishes to Mable Fay on her 90th
birthday
H.C.R. 175
House concurrent resolution honoring Heinz Hester for his leadership in the
development of an international student exchange program
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H.C.R. 176
House concurrent resolution congratulating the 2013 U-32 Raiders Division II
boys’ championship track and field team
H.C.R. 177
House concurrent resolution commemorating the 50th anniversary of President
Lyndon B. Johnson’s declaration of the U.S. War on Poverty
H.C.R. 178
House concurrent resolution recognizing January 9, 2014 as Homeless
Awareness Day at the State House
H.C.R. 179
House concurrent resolution congratulating the 2013 U-32 Raiders Division II
girls’ championship track and field team
H.C.R. 180
House concurrent resolution congratulating Clara Emlen of Calais on being
named the 2014 America’s National Teenager
S.C.R. 28
Senate concurrent resolution congratulating the Yankee Male Chorus on its
60th anniversary
S.C.R. 29
Senate concurrent resolution congratulating Hastings Store on its centennial
anniversary and Jane and Garey Larrabee on 40 years as the store’s proprietors
Public Hearings
Thursday, January 9, 2014 – Room 11 – 2:30 PM – FY 2014 Governor’s
Proposed Budget Adjustment – Committee on Appropriations
Information Notice
Deadline for Introducing Bills
Pursuant to Rule 40(b) of the Rules and Orders of the Vermont House of
Representatives, during the second year of the biennium, except with the prior
consent of the Committee on Rules, no member may introduce a bill into the
House drafted in standard form after the last day of January.
In order to meet this deadline all bill requests must be submitted to
Legislative Council no later than the close of business on Wednesday January
15, 2014.
Pursuant to Rule 40(c) during the second year of the biennium, except with
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the prior consent of the Committee on Rules, no committee, except the
Committees on Appropriations, Ways and Means or Government Operations,
may introduce a bill drafted in standard form after the last day of March
(March 31, 2014).
The Committees on Appropriations and Ways and Means
bill may be drafted in standard form at any time, and Government Operations
bills pertaining to city or town charters, may be drafted in standard form at any
time.
The Joint Fiscal Committee recently received the following items:
JFO #2661
– Request to establish one (1) limited service position in
the Department of Fish and Wildlife.
This position will support the Vermont
Hunter Education Program, a hunter education, hunter development, and
firearm and archery safety effort.
Job duties will include management of day-
to-day operations of Department-owned shooting ranges and coordination of
the Department’s shooting range safety team.
The Department receives
$80,000 of authorized funding annually from the US Fish and Wildlife Service
for hunter education enhancement. In the past, this funding was passed through
to shooting range clubs for shooting range improvements. Due to the increased
volume of anticipated Department shooting range projects and maintenance in
the near future, the Department will shift the federal funds from sub-grant
work to a limited service position.
[
JFO received 01/02/14
]
JFO #2662
– Request to establish a 3% fee for credit card payment of
tax bills to the Vermont Department of Taxes.
This fee is proposed to sunset
in two years.
This request applies to credit card payments only.
Taxpayers
retain the ability to pay tax bills without additional fees by paying with cash,
check, or electronic check (ACH).
The proposed 3% fee will replace the
existing fee structure (no fee for payments below $200, 2% for payments of at
least $200) which is administratively burdensome and has results in taxpayers
using a loophole to avoid payment of the fee (by submitting multiple payments
of $199).
[
JFO received 01/06/14
]
JFO #2663
– Request to establish a 3% fee for over-the-counter credit
card payment of DMV fees at DMV branch offices.
This fee will replace the
2.5% fee currently applied to this type of payment.
This request applies to
credit card payments only.
Customers retain the ability to pay bills without
additional fees by paying with cash or check.
The existing 2.5% fee was
adopted in 2009 with the expectation that it could be increased after an initial
period of evaluation.
[
JFO received 01/06/14
]
Joint Assembly
January 15, 2014 - 2:00 PM - Budget Address