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Secretary of State Office
1078 U.S. Rte. 2, Middlesex
Montpelier, Vt.
05633-7701
Contact Information
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Mega Millions
Vermont Proposed Rule: 10P003
AGENCY: Vermont Lottery Commission
CONCISE SUMMARY: This rule will establish the Mega Millions Lottery Game in Vermont. Mega Millions is operated by the Mega Millions Lotteries including the Multi-State Lottery Association, of which Vermont is a member. Mega Millions is a five (5) out of fifty-six (56) plus one (1) out of forty-six (46) on-line lottery game, drawn every Tuesday and Friday, which pays the Grand Prize, at the election of the player made in accordance with these rules or by a default election made in accordance with these rules, either on an annuitized pari-mutuel basis or as a single cash value option using a rate determined by the Mega Millions Finance Committee on a pari-mutuel basis. Except as provided in these rules, all other prizes are paid on a set cash basis. These rules will also permit Vermont to participate in the Megaplier® promotion, which will offer owners of a qualifying play a chance to multiply the amount of any of the eight lump sum Set Prizes won in a drawing during the promotion.
TYPE OF PERSONS AFFECTED: Lottery players, licenses retailer agents, Vermont Lottery Commission and the State of Vermont Education Fund.
COST BENEFIT ANALYSIS: Categories of people, enterprises and government entities affected by this rule include: Players (cost = game play @ $1/play) (benefit = potential win); Agents or retailers (cost = no cost, VLC provides all materials to use in marketing of game) (benefit = 6% of sales, an increase to agents of approximately $360,000 per year, plus potential of 1% bonus for selling a winning ticket over $500, capped at $30,000); Vermont Lottery Commission (cost - 10% of sales to on-line vendor) (benefit = expected net profit of $780,000 per year); State of Vermont Education Fund (cost = no cost) (benefit = increase in amount transferred to fund from VLC, expected at a net $780,000).
SCHEDULED HEARINGS: March 15, 2010, 9 AM, Vermont Lottery Headquarters, 1311 US Route 302, Barre, VT 05641.
DEADLINE FOR PUBLIC COMMENT: March 22, 2010
FOR FURTHER INFORMATION, CONTACT: Mary A. Cassani Vermont Lottery Commission 1311 US Route 302, Suite 100 Barre, VT 05641 (802) 479-5686.
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Regulations Related to the Sale of Alcoholic Liquor
Vermont Proposed Rule: 10P004
AGENCY: Liquor Control
CONCISE SUMMARY: The proposed rule change will update the Vermont Department of Liquor Control's Regulations, and also clarify regulation language.
TYPE OF PERSONS AFFECTED: Department of Liquor Control (DLC) Licensees and permittees, license applicants, permit applicants, Vermont Department of Liquor Control Investigators and other DLC employees, Vermont State Police and other state and local law enforcement personnel, the Liquor Control Board, the Vermont Attorney General's office, State's Attorneys, and citizens of Vermont.
COST BENEFIT ANALYSIS: The Vermont Department of Liquor control anticipates negligible economic impact as a result of the proposed rule. Some licensees and permittees may experience additional minor record-keeping requirements; otherwise, the economic impact is potentially uncertain or unknown.
SCHEDULED HEARINGS: A hearing is not scheduled.
DEADLINE FOR PUBLIC COMMENT: March 19, 2010.
FOR FURTHER INFORMATION, CONTACT: William J. Goggins, Director of Education, Licensing & Enforcement, VT Department of Liquor Control 13 Green Mountain Dr., Montpelier, VT 05620-4501 phone: 802-828-4942 fax: 802-828-1031 email: bill.goggins@state.vt.us
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Please note: The following notice affects 2 proposed rules received at the Office of the Secretary of State. The Vermont Fish and Wildlife Board and the Agency of Natural Resources, Fish and Wildlife Dept. have requested the notice of rulemaking be combined to reduce costs associated with publication.
Proposed Rule 10P005 amends existing fishing rules generally as well as rules relating to seasonally closed waters and proposed rule 10P006 repeals outdated rules relating to fishing at certain seasons below dams.
§ 122. Fish Regulation
Vermont Proposed Rule: 10P005
Repeal of 10 V.S.A. Appendix § 110 Fishing at Certain Seasons Below Dams.
Vermont Proposed Rule: 10P006
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: Updates of fisheries regulations to address either housekeeping edits such as typos, other minor errors and adjustment of waterbodies covered under specific regulation. These changes are either the addition or subtraction of waterbodies on regulations that cover baitfish use, icefishing and seasonally closed waters including the repeal of 10 V.S.A. Appendix § 110. Fishing at certain seasons below dams.
TYPE OF PERSONS AFFECTED: Anglers; Vermont Department of Fish and Wildlife; baitfish dealers, and fishing equipment dealers.
COST BENEFIT ANALYSIS: None
SCHEDULED HEARINGS: March 15, 2010 7:00 PM Montpelier High School Cafeteria, 5 High School Drive Montpelier VT.; March 16, 2010 7:00 PM Lyndon Institute Auditorium, 168 Institute Circle Lyndon Center, VT.; March 18, 2010 7:00 PM Rutland High School 22 Stratton Road Rutland VT.
DEADLINE FOR PUBLIC COMMENT: March 25, 2010
FOR FURTHER INFORMATION, CONTACT: David Englander, VT. Department of Fish and Wildlife 103 South Main Street Waterbury, VT 05671 phone: 802-241-3817 fax: 802-241-3295 email: david.englander@state.vt.us.
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Please note: The following notice affects 2 proposed rules received at the Office of the Secretary of State. The Vermont Fish and Wildlife Board and the Agency of Natural Resources, Fish and Wildlife Dept. have requested the notice of rulemaking be combined to reduce costs associated with publication.
Proposed Rules 10P007 is being amended to include rules relating to nontoxic shot requirements and 10P008 is being repealed.
Methods of Taking, Possessing and Transporting Migratory Game Birds
Vermont Proposed Rule: 10P007
Nontoxic Shot Requirements (repealed)
Vermont Proposed Rule: 10P008
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: The consolidation of these rules are intended to facilitate the scientific management of Vermont's and the United States' migratory game bird resources. Migratory game bird hunting regulations allow for the regulated harvest of migratory game birds. These regulations allow the state to maintain the size of the migratory game bird populations at levels that are ecologically consistent with both long-term habitat health and national migratory bird population sizes, while minimizing the negative ecological and human health impact of toxic shot, by forbidding its use or possession while hunting migratory game birds.
TYPE OF PERSONS AFFECTED: Hunters, landowners, hunting equipment and supplies merchants, general store owners, lodging owners, Vermont Fish and Wildlife Department personnel, travel and tourism personnel, birding organizations, and hunting clubs.
COST BENEFIT ANALYSIS: Income to the State from waterfowl stamp sales is $25,000.00. Cost of printing stamps and syllabus is $5,000.00. The Vermont economy is positively impacted by 3,000 waterfowl hunters spending approximately $600,000.00 annually.
SCHEDULED HEARINGS: There will be no warned public hearing on the amendment of this rule, as this is largely clerical in nature. However, the Fish and Wildlife Board will be taking public comment at their March 17, 2010 meeting at 5 PM in Waterbury, Vermont (subject to change; any changes will be noticed).
DEADLINE FOR PUBLIC COMMENT: March 18, 2010
FOR FURTHER INFORMATION, CONTACT: David Englander, Vermont Department of Fish and Wildlife, 103 South Main Street Waterbury, VT 05671 phone: 802-241-3817 fax: 802-241-3295 email: david.englander@state.vt.us
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§ 35 Spring Snow Goose Conservation Order
Vermont Proposed Rule: 10P009
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: Based on guidance provided by the Department of the Interior, and input from the public from meetings held August 4th and 5th in 2009, this rule establishes 2010 Spring Snow Goose Conservation Order in Vermont. Seasons included are snow geese and Ross geese
TYPE OF PERSONS AFFECTED: Hunters, landowners, hunting equipment and supplies merchants, general store owners, lodging owners, Vermont Fish and Wildlife Department personnel, travel and tourism personnel, birding organizations, and hunting clubs.
COST BENEFIT ANALYSIS: Income to the state from waterfowl stamp sales is $25,000.00. Cost of printing stamps and syllabus is $5,000.00. The Vermont economy is positively impacted by 3,000 waterfowl hunters spending approximately $600,000.00 annually.
SCHEDULED HEARINGS: Public Meetings were held on August 4, 2009 7 - 9 PM in Whitehall NY, and August 6, 2009 7 - 9 PM in Burlington VT, no further hearings will be held.
DEADLINE FOR PUBLIC COMMENT: March 18, 2010
FOR FURTHER INFORMATION, CONTACT: David Englander, VT Department of Fish and Wildlife 103 South Main Street Waterbury VT 05671 phone: 802-241-3817 fax: 802-241-3295 email: david.englander@state.vt.us
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Fishing Access Area Rule
Vermont Proposed Rule: 10P010
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: The change in the rule will allow non-profit, charitable organizations the opportunity to conduct fundraising activities at fishing access areas. Activities still must conform to the access area rules and cannot conflict with the priority uses of the access areas. Organizations will still be required to obtain a special use permit.
TYPE OF PERSONS AFFECTED: Charitable, non-profit organizations.
COST BENEFIT ANALYSIS: The Board's intent is to maintain the status quo for those organizations that are charitable and non-profit. There should not be any economic impact.
SCHEDULED HEARINGS: No public hearings are planned, but the Fish and Wildlife Board will take public comment at its March 17th, 2010 meeting at 5 PM in Waterbury VT.
DEADLINE FOR PUBLIC COMMENT: March 18, 2010
FOR FURTHER INFORMATION, CONTACT: David Englander, VT Department of Fish and Wildlife 103 South Main Street Waterbury, VT 05671 phone: 802-241-3817 fax: 802-241-3295 email: david.englander@state.vt.us
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Special Opportunity Youth Moose License Rule
Vermont Proposed Rule: 10P011
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: The rule provides for the issuance of a no-cost moose license to a child or young adult age 21 years or under who has a life threatening disease or illness. The revisions include: reorganization for clarity, elimination of extraneous requirements; providing for a second shooter in the case of wounded animal, and moving the deadline from June 30th of every year to the second Thursday in September.
TYPE OF PERSONS AFFECTED: Eligible youths, eligible charitable organizations, the Vermont Fish and Wildlife Department.
COST BENEFIT ANALYSIS: There is no economic impact of this rule.
SCHEDULED HEARINGS: There will be no public hearing.
DEADLINE FOR PUBLIC COMMENT: March 18, 2010
FOR FURTHER INFORMATION, CONTACT: David England VT Department of Fish and Wildlife 103 South Main Street Waterbury, VT 05671 phone: 802-241-3817 fax: 802-241-3295 email: david.englander@state.vt.us
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2010 Spring Snow Goose Conservation Order
Vermont Proposed Rule: 10PE03
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: Based on guidance provided by the Department of the interior, and input from the public from meetings held August 4th and 5th of 2009, this rule establishes 2010 Spring Snow goose Conservation Order in Vermont. Seasons included are snow geese and Ross' geese.
TYPE OF PERSONS AFFECTED: Hunters, Businesses, Fish and Wildlife, The Department of the Interior.
COST BENEFIT ANALYSIS: Income to the State from waterfowl stamp sales is $25,000.00. Cost of printing stamps and syllabus is $5,000.00. The Vermont economy is positively impacted by 3000 waterfowl hunters spending approximately $600,000.00 annually.
SCHEDULED HEARINGS: Public Meetings were held on August 4, 2009 7 – 9 PM in Whitehall NY, and August 5, 2009, 7 - 9 PM, in Burlington VT. further hearings will not be held.
DEADLINE FOR PUBLIC COMMENT: March 18, 2010
FOR FURTHER INFORMATION, CONTACT: David Englander VT. Department of Fish and Wildlife 103 South Main Street Waterbury, VT 05671 phone: 802-241-3817 fax: 802-241-3295 email: david.englander@state.vt.us
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Mega Millions
Vermont Proposed Rule: 10PE02
AGENCY: Vermont Lottery Commission
FOR FURTHER INFORMATION, CONTACT: Mary A. Cassani, Vermont Lottery Commission 1311 US Route 302, Suite 100 Barre, VT 05641 (802)479-5686.
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
This page was last updated on: 2010-06-08.
