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Staff warns Fish and Wildlife fee rules could be repealed immediately; members consider effective-date fix
Summary
At a Ways & Means working session staff cautioned that section 22 of a miscellaneous Fish and Wildlife bill could cause department fee regulations to be repealed immediately, creating a gap until a statutory fee insertion becomes effective; members discussed moving the effective date or adding transitional language to avoid the gap.
At a Ways & Means working session, a staff member warned that section 22 of the miscellaneous Fish and Wildlife bill could cause current Fish and Wildlife regulations that carry the department’s fee schedule to be repealed immediately, creating a potential gap before a statutory fee schedule would take effect.
"The most likely interpretation would be that these... regulations would be repealed immediately," the staff member said, noting 3 VSA section 848 as the statutory basis for that interpretation and recommending clarifying language to preserve the bill’s original timing.
Members discussed how related bills interact: H 9 33 had placed the fee schedule in regulation with the intent that H 9 28 would later insert the schedule into statute. Staff told members that if the repeal in section 22 happens on enactment while the statutory insertion becomes effective July 1, 2026, there could be a temporary period without authorized fees.
"So we could move the effective date to 07/01/2026 as a fix," the chair said during the discussion. Members also considered alternative drafting that would make the insertion effective on passage or otherwise bridge any gap if the companion bill reaches law first.
Staff agreed to draft corrective language. The group also debated whether to leave an existing report requirement in place or place the fees directly in this bill; staff recommended drafting the fix so that, should the other bill pass, there would be no unintended cap or fee lapse.
The working session closed with an agreement to return with Kirby’s draft language and precise statutory text to ensure the bill’s effective dates and transitional language match the legislative intent.
