§ 602. Definitions

As used in this subchapter:

(1) "Agency" or "State agency" means any Executive Branch agency, department, or entity created by Title 3 and any board, commission, council, or similar entity attached to an Executive Branch agency, department, or entity.

(2) "Fee":

(A) Means a monetary charge by an agency or the Judiciary for a service or product provided to, or the regulation of, specified classes of individuals or entities.

(B) The following charges are exempt from the provisions of this subchapter:

(i) A charge established under the jurisdiction of the Public Utility Commission as provided by 30 V.S.A. §§ 20, 21, and 218.

(ii) A charge established by the Board of Liquor and Lottery as provided by Title 7.

(iii) A duly adopted charge concerning only inmates of a correctional or detention facility, students enrolled in an educational institution, or patients admitted to a hospital or rehabilitation facility.

(iv) Monies paid into an enterprise or internal service fund.

(v) A transfer between agencies of State government or between State government and a political subdivision, as compensation for a service, to support a regulatory activity, or to account for surplus property.

(vi) Monies from interest and premium payments, rent or lease payments, proceeds of fair market or negotiated sales, or sales of commercially available items.

(vii) Except for the purposes of section 605 of this title, motor vehicle and other highway user fees authorized by the General Assembly for the support of the Transportation Fund.

(viii) A charge established by the Department of Financial Regulation as authorized by law.

(ix) Any other charge exempt by law. (Added 1995, No. 186 (Adj. Sess.), § 31, eff. May 22, 1996; amended 1997, No. 59, § 1, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 1; 2005, No. 175 (Adj. Sess.), § 43; 2007, No. 153 (Adj. Sess.), § 22; 2007, No. 174 (Adj. Sess.), § 30; 2013, No. 72, § 31; 2015, No. 149 (Adj. Sess.), § 34; 2019, No. 73, § 41.)