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VERMONT SECRETARY OF STATE - Jim Condos | |||||||
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| State of Vermont Office of the Secretary of State http://www.sec.state.vt.us Volume 4 Number 5 |
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Redstone Building |
 Every once in awhile we
are asked about how the Secretary of State’s office began to publish
opinions on issues of local government law. Opinions began as a formal
publication in 1981 by then Secretary of State Jim Douglas, and his deputy
Paul Gillies. The belief then was that by publishing questions and answers
from the previous month, it would let people know what was going on in
local government around the state, and would help officials learn from the
experiences of others. They also hoped that this information would
eliminate some of the telephone calls that can – and sometimes still do –
consume this office.
I can tell by the number of calls and cards we have received in response to our re-institution of Opinions that local officials and citizens continue to value learning about the ever-changing landscape of local government law and practice. Perhaps it is because, when we see our own town’s challenges reflected in the stories of other communities, we feel less alone in our work. Though I hope our Opinions are interesting to read and sometimes help you solve a problem or avoid a mistake, they are not rulings that are binding on towns or citizens like a decision of the court. Rather, when we issue opinions they are just that – our opinions. We have no power to force citizens or officials to do the right thing – to treat each other civilly - to follow the law. Rather, through our opinions, Deputy Secretary Bill Dalton, Director of Elections Kathy DeWolfe, and I share with you what we believe the law requires based on our best legal judgment and from our many years of observing Vermont’s local governments and following the decisions of our courts. The thoughts expressed in our opinions also reflect our philosophy of openness and fairness in government and in the inherent value of local control. Whenever there is a question about what the law says or what is required of an official, our advice is conservative. We try to keep you out of trouble by counseling prudence over risk-taking, openness over secrecy and due process over bureaucratic expediency. The citizen volunteers who run our local governments in Vermont deserve all the support we can give them. It is my hope that Opinions offers them that support and in doing so, helps to strengthen our town governments. Reprinted from August 1999 |
Message from the
Secretary May Calendar
Secretary of State's: Services to Local Governments Conservation Workshops for Clerks Leadership Workshop for Local Board Chairs
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Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
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A Voice from the Past
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DOUBT
"The person elected may have sufficient intelligence to know that he has not the judgment and discretion necessary to perform the duties of the office, but in this state this has not been held to be a legal excuse for not serving." Justice Henry Start, in Daniels v. Hathaway (1893).
The line is so honest; it always invites a smile from any town officer, perhaps because when we hear it we know how accurate it is. The problem is really not a lack of judgment and discretion, at least in the sense of having the wisdom or courage to make a particular decision, but town officers are far too familiar with the inadequacies of the law. What it doesn’t say, what it leaves uncertain, too often directly conflicts with what people expect and demand of us.
Consider, for example, the usual board of civil authority tax appeal hearing. Does anything really believe that most BCAs are competent to make judgments about the value of property, based on comparables or other methods of appraisal? How much is that property worth? I fear the answer is, what it will bring, and the only real way to know the answer to that question is to look at a property transfer tax return of an actual sale of that property. What the taxpayer says, what the listers say, is often of little use. Thank goodness we have laws that require us to favor the listers when the taxpayer has little to say.
How about deciding what the "public good, necessity and convenience of the inhabitants" requires in a road reclassification or discontinuance case? Does anyone think those vague standards actually can be defined and applied to a particular highway? Yes, we are bound by them, but what in the heck do they mean?
Take a typical variance hearing before the ZBA or the DRB. Read through the five criteria. Okay, read them again. Now, what does this mean: "That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the" bylaws? No possibility? None at all? Who, under this standard, could ever qualify?
We do the best we can with what we have. We make the decisions that need to be made. We make them fairly, without fear or favor of any party. And most of what we decide is not appealed, is rather accepted by the parties as the resolution of the dispute.
But in the dark, after the meeting, when doubt invades our souls, can we in good conscience say that we knew for sure whether our decision was right? You can’t duck it: we all suspend our disbelief and go about these various, complicated processes whistling in the dark, acting in good faith, doing justice fairly, and then accepting the result because what else can we do?
A little doubt goes a long way. It isn’t always unhealthy, either. Better to wonder than to have adopted some prideful assumption that everything is a science and can be reduced to explicit numbers. Better to go home and think about something than just to vote and forget it. Go ahead. Doubt. It’s the best way of improving what you do.
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Dog License Update
From Bill Wargo, General Counsel to VT Department of Health
Vermont law, 20 VSA § 3581(d), provides that "[b]efore obtaining a license for a dog or wolf-hybrid six months of age or older, a person shall deliver to the municipal clerk a certificate or a certified copy thereof signed by a duly licensed veterinarian, stating that the dog or wolf-hybrid has received a current preexposure rabies vaccination with a vaccine approved by the commissioner [of agriculture]…"
Although the Commissioner of Agriculture has, by rule, approved certain vaccines, the Commissioner has also adopted a rule providing that no vaccine needs to be administered to a dog or wolf-hybrid if "in the judgment of the veterinarian, the animal’s medical condition would prevent the development of adequate immunity to rabies." Usually these animals are very old and sick dogs or dogs that have suffered a life-threatening adverse rabies vaccine reaction. In such cases, the municipal clerk should issue a license upon receiving a certificate or a certified copy thereof signed by a duly licensed veterinarian, stating that the animal’s medical condition exempts the animal from vaccination.
Should a licensed but unvaccinated dog bite someone, the dog must be observed for ten (10) days to rule out rabies. The Department of Health will work closely with municipal officials in such situations.
If you have any questions about the above, please contact the Department of Health at
(802) 863-7242 or the Department of Agriculture at (802) 828-3434.7242 or the Department of Agriculture at (802) 828-3434.
Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
Opinions of
Opinions
Opinions
Volume 4 Number 5 May 2002
1. Documents Must Be Available During Office Hours. In one town the clerk decided that in order to stay current with her work she would close the office to the public one afternoon a week. The public records law (1 V.S.A. §316) provides that custodians of public documents must make documents available to the public for inspection between nine and noon in the morning and one and four in the afternoon unless the public agency is not regularly "open to the public" during those hours. If the agency is not open those hours then inspection or copying of records may be made during customary office hours. This means that so long as the time she is using to catch up is not part of her customary office hours she can keep the public out so that she can stay current with her recording.
2. Custodian Can Require Records To Be Reviewed In The Presence Of A Town Employee. A public agency may make reasonable rules to preserve the security of public records or documents, and to protect them from damage. 1 V.S.A. §316. It is not unreasonable for the custodian of public records to require the presence of a town employee when records are being reviewed to ensure that no papers are removed from the office.
3. Custodians Of Records Are Not Required To Find And Fax. The public records law does not require the custodians of records to fax copies of documents to anyone, or require that the custodian conduct research to find documents. While each custodian can establish additional office practices, we caution clerks and others to be aware of potential risks of liability for the town if a requested document is missed or the wrong document is sent.
4. Selectboard May Accept Gift Or Grant Without Voter Approval. No law requires the selectboard to seek voter approval before accepting a grant or gift to the town. It has long been the advice of this office that so long as a specific law does not expressly require a vote in order for a community to be eligible for a particular grant, the selectboard has the authority to apply for and accept grants on its own initiative. (Book Of Opinions, page 563). See also Lawton v. Town of Brattleboro, 128 VT 525 (1970)(A vote of the electorate is not an indispensable prerequisite to the authority of the board to function in areas of their official responsibility.)
5. Selectboard Should Have Voter Approval Before Spending Grant Money. Because a town budget provides the selectboard with authority to spend, unless the town has authorized the board to accept and spend grants, or unless the expenditure is reflected in the budget (in anticipation of the grant) the town should vote before grant money is expended.
6. Decision To Upgrade the Classification Of Town Road Does Not Require Town Vote. Whether a town is upgrading or downgrading the classification of a town highway it must go through all of the same statutory procedures set out in 19 V.S.A. §§707-717. If after the Selectboard has gone through the necessary notice and hearing and has decided to upgrade a road, the town can use funds from its town highway budget to improve the road. A vote of the electorate is only required if additional funds are needed to cover the costs of the upgrade.
7. There Is No Recall Or Reconsideration Of Election Of Officers. Voters cannot petition to reconsider election of any town officers, whether the officers are elected by floor vote or by Australian ballot. There is also no provision in Vermont law for any type of recall of local public officials in Vermont. 17 V.S.A. §2646 provides for election of town officers "who shall serve until the next annual meeting and until successors are chosen."
8. Urban Selectboard May Adopt Zoning Unless Voters Petition For Public Vote. In an urban municipality, after following all of the required statutory procedures, the selectboard (legislative body) has the authority to adopt a proposed zoning bylaw, amendment or repeal. 24 V.S.A. §4404(c). If within 20 days after the selectboard has adopted a proposed zoning bylaw or amendment, a petition signed and filed by 5% of the legal voters in the town requests a meeting of the municipality to consider the bylaw or amendment, the selectboard must warn a special meeting to vote on the adoption of the bylaw or amendment by Australian ballot. 17 V.S.A. §4404(f).
9. E-Mails Created In The Course Of Town Business Are Public Record. The Vermont Public Records Law broadly defines public record or public document as "…or any other written or recorded matters produced or acquired in the course of agency business…" The records must be made available to the public unless the document fits one of the exceptions listed in the statute. 1 V.S.A. §317(b). E-mails that are written, sent, or received in the course of the business of the public board or entity, or between board members dealing with board business, are public records and must be produced for inspection upon request. This is the case even when the e-mail is sent from and received at home computers. An e-mail must be reviewed or considered in the same light as a letter would be considered on the same topic. If a letter on the same subject must be disclosed, then the e-mail also must be disclosed. It is good practice to provide copies of e-mails sent and/or received in the course of board business to the custodian of public records for the board so that the public can inspect them upon request (this can be done simply by cc-ing the custodian on the e-mails.)
10. Town Manager System Can Be Adopted By Floor Vote Or Australian Ballot. Vermont law provides that the manner in which a town votes to either adopt or revoke the town manager system is determined by the manner in which the town has voted to elect its town officers. 24 V.S.A. §§ 1242,1243. The legislature decided to "piggyback" the manner of voting to the manner in which officers are elected rather than dictate Australian ballot for all towns. This means that if a town has voted to elect its officers by Australian ballot, then any vote on the town manager system of government is done by Australian ballot (whether to adopt or to revoke). If a town votes its officers from the floor by voice vote or paper ballot, then the vote to adopt or revoke the town manager system is by the floor system of voting.
11. A Board Recess Cannot Be An Excuse For Private Meetings. A public board cannot "recess" its meeting for a brief time in order for board members to leave the room to continue to discuss board business in private. All board business must be discussed in public unless it meets one of the two exceptions to the Open Meeting law discussed below (executive session or deliberative session). It is perfectly appropriate for a board to take a brief recess to allow members to use the facilities, take a stretch, or return an important telephone call. However, the recess should not be a ruse so that board members can discuss board business outside of the hearing of the attending public.
12. Executive Sessions Can Be Used For Private Discussions. One of the two exceptions that boards can use to discuss board business outside of a public forum is an executive session. This is used when the board is acting in an administrative capacity and the subject that needs to be discussed fits into one of the eight reasons listed in 1 V.S.A.§313. To enter executive session, there must be a motion stating the statutory reason for going into executive session (with specificity) the motion must be seconded and passed by a 2/3 vote. No action can be taken in executive session and the board can only discuss the subject that it publicly announced.
13. Deliberations of Boards Are Outside The Open Meeting Requirements. A deliberative session is used when a board is acting in a quasi-judicial capacity, such as zoning board applications or tax appeals, and when the statutes require the board to issue a written decision that will be subject to appeal. After the board has heard all of the evidence in a hearing affording due process to the applicant, the entire board that will be participating in the decision meets in private to weigh the evidence and makes its decision. Deliberative sessions do not need to be warned and the board can reach its decision during the session. Frequently, after the decision is reached, one member is designated to draft the written decision and circulate it to other members. The intent of a deliberative session is to allow a board to have candid discussions to weigh the evidence and to reach a decision. For this reason it is best practice for all board members that will be participating in the decision to be part of the deliberative session.
14. Public Access Television Boards Are Subject To The Open Meeting Law. Although public access television stations are generally formed as private non-profit entities they must conduct their board meetings following the requirements of the Open Meeting law. Vermont Public Service Department rules are clear that cable access channels are subject to the open meeting law. Rule 8.434 states that "All meetings of [public access boards] shall be open to the public pursuant to Vermont's Open Meeting Law, 1 V.S.A. §311 et seq., and shall be announced in advance by character-generated announcement on the PEG channel to which it pertains. The access plan, local rules, budget, and annual report of the entity shall be available to the public at reasonable times and places."
15. Municipal Library Trustees May Draw Orders On The Treasurer. The municipal public library is more than merely a department of the town. Unless a community has a charter or special law that provides otherwise, library trustees are given broad authority to oversee the library. Vermont law provides that once appointed, trustees "shall have full power to manage the public library, make bylaws, elect officers, establish a library policy and receive, control and manage property which shall come into the hands of the municipality by gift, purchase, devise or bequest for the use and benefit of the library" (emphasis added). This means that the trustees have the power to write orders to the treasurer on the library accounts, accept gifts on behalf of the municipal public library, as well as the authority to decide how the money is to be spent (within the context of the budget adopted at town meeting.) Because of this the selectboard does not need to be involved in the spending for the library (beyond including them in the selectboard’s budget – unless it is a separately voted item for town meeting).
16. Municipal Library Must Make An Annual Report To The Town. Vermont law makes municipal library trustees responsible for making a report to the annual meeting of the municipality outlining the condition of the library and the management and expenditure of library funds. 22 V.S.A. § 144. This makes sense because of the degree of independence trustees have from the selectboard. The library trustees, as elected officials, are ultimately responsible to the people in the community they serve.
17. Mobile Home Bill Of Sale Required Whenever Ownership of Mobile Home is Transferred. Vermont law provides that even if a mobile home is given as a gift, within 10 days of acquiring ownership of the mobile home a uniform bill of sale must be filed with the clerk of the municipality in which the mobile home is located. 32 V.S.A. § 5079. This mobile home uniform bill of sale must contain the make, model, serial number, size, year manufactured, and location of the mobile home. It must also give the name and address of the owner of the property, and whether the property is subject to a security interest. (9 V.S.A. § 2602(c) provides a form to follow.) Note that this law does not apply to mobile homes held solely for sale by a manufacturer, distributor, or dealer that are stored or displayed on a sales lot and are not connected to utilities.
18. Mobile Home May Be Sold Without Taxes Being Paid If It Is Not Moved. If a mobile home is not being removed from town, the clerk can endorse the uniform bill of sale even though the full year's taxes have not been paid. 32 V.S.A. § 5079 provides that an owner of a mobile home, (except those held for sale by a manufacturer, distributor or dealer that are stored or displayed on a sales lot and are not connected to utilities), may not sell, trade, transfer, or move a home without a mobile home uniform bill of sale endorsed by the clerk of the municipality in which it is located. In the case of removal of a mobile home from the municipality, or of a sale, trade, or transfer that will result in the removal of the mobile home from the municipality, the clerk shall not endorse the mobile home uniform bill of sale unless all property taxes assessed with regard to the mobile home, but not the mobile home site, have been paid.
19. Police or Tax Collector May Repossess Mobile Home Removed From Town Without Endorsed Bill Of Sale. 32 V.S.A. § 5079 (d) provides that a mobile home that is taken out of a town without a mobile home uniform bill of sale endorsed by the clerk of the municipality where the mobile home was located as required by law "may be taken into possession by any sheriff, deputy sheriff, constable or police officer, or by the treasurer or tax collector of the town in which the mobile home was last listed if known, or by the commissioner of taxes if that town is unknown." The law requires a mobile home taken into possession under this section by an officer other than the collector of taxes to be "delivered promptly to the collector of taxes of the town in which the mobile home was last listed." Note that the law only permits the home to be taken without an additional court order if it can been done without "breach of the peace."
20. Zoning Administrator Can Assist DRB During Hearing. Unless the Development Review Board is considering an appeal of an action of the zoning administrator, there is no prohibition against the administrator assisting the DRB as it conducts its hearing. This makes sense since the administrator may know the details of the application better than the board does, so that he or she can help the board to get all the information necessary to make its decision. In some communities the DRB or Zoning Board will ask the zoning administrator to be present during its deliberations and act as the scribe – writing the draft decision for the board’s review. This is also acceptable so long as the issue is not an appeal from a decision of the administrator.
21. No Testimony Can Be Taken In Deliberative Session. When the DRB or ZBA closes a hearing no additional testimony can be taken on the application (unless the board decides to later reopen the hearing). This means that in deliberative session the board members may only discuss the evidence that was already presented to them in the hearing. Any individuals they have asked to assist them in the deliberations (most commonly the zoning administrator or a clerk for the board) are limited to providing information about the zoning bylaws and how the bylaws have been applied in the past - no new evidence (facts) about the particular application can be given.
22. Minutes Must Be Available Before They Are Approved By The Board. State law requires meeting minutes to be made available to the public five days after the date of a public meeting. Because boards generally do not approve the minutes until their next meeting, the minutes made available for public review before they are formally approved should be marked "draft" or "unapproved."
23. Lister May Serve As Planning Commissioner But Not As Selectboard Member. Vermont law sets out a number of positions that are legally incompatible. 17 V.S.A. § 2647. There is no conflict of interest for a lister to also serve as a planning commissioner, but the law prohibits a person from serving both as a lister and as a selectboard member.
24. Selectboard Should Consider Reducing Size Of Boards With Vacancies. In some towns the selectboard has had a difficult time filling vacancies on 7 or 9 member planning and zoning boards. Because a board may only act with concurrence of the majority of the board, vacancies on these boards can create quorum problems that tie up the work of the board and that can be frustrating for applicants. (i.e., if there are two vacancies on a seven member board there still needs to be four board members in agreement in order for the board to approve applications.) Consequently, the selectboard should consider formally reducing the size of the board until volunteers are found. In the event that more volunteers are found who want to the selectboard can always increase the size of the board again. (Although changing the number of board members too often is also not advisable as it can make the boards very hard to administer.)
Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
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Secretary of State's Office: Services to Local Governments |
Education and Training
Leadership Workshops For Local Board Chairs
Training For Boards Of Civil Authority On Tax Appeals, Abatement, Marriage and Civil Unions, Oaths of Office, Etc . . .
Election Workshops – Training For Election Workers.
On-Site And Regional Workshops On A Variety Of Topics From A (Authority of Local Officials) To Z (Zoning and Planning.)
Telephone Inquiries
Every year we answer thousands of calls from local officials and citizens about municipal laws and practices. You can call us at 800-439-8683.
Publications
(In Addition To The Opinions Newsletter) We publish numerous free handbooks and pamphlets on topics of municipal law and practice from The Tax Appeal Handbook, The Law of Libraries, Rules on School Governance, A Pocket Guide to Open Meetings, and more. Call our office for a complete listing of our municipal publications or view them on line at www.sec.state.vt.us.
Task Forces/Study Committees
We periodically convene task forces to look at particular issues of concern to local governments in order to come up with legislative or other solutions. The work of the Ethics Task Force, and our Election Reform Task Force resulted in changes in the law, and the work of the Best Practices Committee has resulted in a useful tool soon to be available to Vermont’s Town Clerks. In addition, the legislature regularly asks this office to oversee summer study committees and report back to them on the results. Recent study committees looked at the condition of municipal records and reported on the possible Computerization of Land Records.
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Election of County Officers
Important Reminder: Every four years, all County Officers must run for election--probate judge, assistant judge (side judge), state’s attorney, sheriff, and high bailiff.
Please announce locally, and let your friends and neighbors know that any candidate interested in seeking election as a Republican, Democrat, or Progressive (major parties) must file a primary petitions with the County Clerk not later than 5p.m on July 15, 2002.
Petitions can be downloaded from our elections website, can be requested from our Election Division (802)8288-2464, or can be picked up at the County Clerks office.
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Past Issues
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Conservation Workshops for Clerks |
Conservation, is expensive and can be confusing. How should I prioritize my conservation needs? What treatments are best for which records? What are some simple steps I can take to slow deterioration and the need for conservation?
The Vermont State Archives, Vermont Historical Records Advisory Board and the Vermont Museum and Gallery Alliance have joined together to offer two workshops on conservation for municipal clerks and offices. Workshop information and registration forms are provided below.
_________________________________________________________________________________________Vermont Museum & Gallery Alliance
Vermont Historical Records Advisory Board
Preservation Options for Town Records and Archival Collections
May 22, 2002 Milton Town Clerk’s Office
May 23, 2002 Rutland Town Clerk’s Office
8:45 AM Coffee and Registration
9:15 AM Why are my records and collections falling apart? An introduction to the five agents of deterioration and public access issues. MJ Davis
10:00 AM Getting the most bang for your buck. The roll a general survey and inventory play in spending your preservation dollars. Polly Darnell
11 AM Break
11:15 AM Damage control 101 A review of the types of damages found in collections, the anatomy of a book and how to use a condition report form. (Hands-on session) MJ Davis and Polly Darnell
Noon - 1 PM Lunch
1 PM Working with a conservation professional. A review of the terms used in conservation, what is a technical examination and treatment proposal, and an overview of conservation ethics. MJ Davis
Preservation Options for Records and Archives An overview of the types of treatment options available associated with the types of damages discussed in Damage Control 101. (Participants are encouraged to bring samples of the problems facing them). MJ Davis
2:30 PM Break
2:45 PM What Does Acid-Free Mean? An introduction to the acceptable archival materials used in conservation and how they should be used. MJ Davis
4 PM Time for further questions if needed.
Cost is $35/person
Questions?? MJ Davis at (800) 639-2330 or vccp@kingcon.com
Leadership Workshop
For Local Board Chairs
Wednesday, May 29, 2002
9:30 a.m. – 2:00 p.m.
Noble Lounge
· Vermont College39 College Street
· Montpelier$15 Fee For Workshop And Lunch
We recognize that our local board chairs play a very special role in our towns, and that they also face unique challenges. For this reason the Vermont Secretary of State has developed a special leadership workshop especially for board chairs.
This hands-on workshop is designed to address some of the tough issues that regularly confront our towns.
Governor Dean will kick off the morning discussing his view of leadership. Other speakers Secretary of State Deborah Markowitz and Paul Gillies, a municipal attorney and experienced board chair.
For more information or to register contact
Elizabeth Reaves at 802-828-2148.
Feel free to bring along your vice chair, or send another board member in your place
From the VMTCA
By: Nicole M. Daigle, Town Clerk & Treasurer Town of Derby
Transfers After April 2002 & Tax Bills
Each year after April 2001, as transfer returns come into the office we prepare an envelope for the buyer and seller listed on the transfer. In the envelope we enclose this notice:
Important Notice Regarding the
2002 Tax Bill
Enclosed
A 2002 tax bill is enclosed. A copy of this bill has been sent to the owner as of April 01, 2002. A copy has also been sent to the new owner.
Who pays this bill must be resolved between the buyer and the seller. The determination of who owes what amount or who will pay is NOT the responsibility of the Town.
If this bill goes delinquent, the delinquent account will show under the name of the April 01, 2002 owner. Please be advised if taxes become delinquent, the Town of ______ will impose a lien of the property. Therefore, the new owner would have a lien on their property.
If you have any questions, please call the Treasurer’s Office at ____________ prior to this bill becoming over due.
Envelopes are paper clipped to a copy of the transfer and kept in alphabetical order according to seller. When we print our tax bills we pull the ones that have been transferred, make a copy and send one to the buyer and one to the seller. We have found that this process saves the headache of the new owner saying that they did not get the bill.
We always print the notice on bright "attention getting" paper, to be sure the notice is seen.
Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
Wednesday, May 15
Last day for Town Clerks to remit to State Treasurer an accounting
of dog and wolf-hybrid licenses sold and remit the license fee surcharge for an
animal and rabies control program.
20 V.S.A. 3581 (f)
Thursday, May 30
Memorial Day
Looking Ahead to June
Saturday, June 1
Deadline for listers to lodge personal property
inventories with town clerk.
32: 4007
Monday, June 3
(Within 60 days of petition) If a petition for
reconsideration or rescission of a question
considered or voted at Town Meeting has been filed, this is the last day in which a municipal vote may be held at a duly-warned meeting.
17: 2661(b)
Tuesday, June 4
(90 days after Town Meeting election) In towns using Australian ballot, town clerks may open and destroy used town meeting ballots and tally sheets, except as otherwise provided by law.
17:2590(d)
Sunday, June 20
End of fiscal year for all school districts, charter provisions not with-standing, and for municipalities that have adopted July 1 through July 30 fiscal year calendar.
32:1, 24:1683(b)(c)
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