PART 1 Emergency Management and Military Aid

Cross References

Cross references. National guard, see part 2 of this title

State guard, see part 3 of this title.

Veterans' affairs, see part 4 of this title.

CHAPTER 1. EMERGENCY MANAGEMENT

Sec.

History

2009. Changed title of Chapter 1 from "Civil Defense Generally" to "Emergency Management" to reflect the statutory change enacted by 2006, No. 2009 (Adj. Sess.).

Severability of enactment. 1951, No. 224 , § 25, contained a separability provision applicable to this chapter.

Prior law. Act 1949, No. 251 , relating to civil defense, was repealed by 1951, No. 224 , § 26.

Citation of chapter. 1951, No. 224 , § 1, provided that this chapter, which consisted of §§ 1-24, could be cited as the Vermont Civil Defense Act of 1951.

Termination of chapter. Act 1951, No. 224 , § 28 provided for a termination date for this chapter. That date was subsequently extended for limited periods of time by 1953, No. 119 , § 1; No. 186, § 2; and 1957, No. 120 , § 7, and indefinitely by 1959, No. 23 , § 6.

Cross References

Cross references. Federal Disaster Relief Act, see 42 U.S.C. § 5121 et seq.

Mutual military aid agreements, see chapter 5 of this title.

§ 1. Purpose and policy.

  1. Because of the increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from all-hazards and in order to ensure that preparation of this State will be adequate to deal with such disasters or emergencies; to provide for the common defense; to protect the public peace, health, and safety; and to preserve the lives and property of the people of the State, it is found and declared to be necessary:
    1. to create a State emergency management agency, and to authorize the creation of local and regional organizations for emergency management;
    2. to confer upon the Governor and upon the executive heads or legislative branches of the towns and cities of the State the emergency powers provided pursuant to this chapter;
    3. to provide for the rendering of mutual aid among the towns and cities of the State; with other states and Canada; and with the federal government with respect to the carrying out of emergency management functions; and
    4. to authorize the establishment of organizations and the taking of steps as necessary and appropriate to carry out the provisions of this chapter.
  2. It is further declared to be the purpose of this chapter and the policy of the State that all emergency management functions of this State be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's resources and facilities for dealing with any emergencies resulting from all-hazards.

    Amended 1989, No. 252 (Adj. Sess.), § 2; 2005, No. 209 (Adj. Sess.), § 2; 2021, No. 20 , § 111.

History

Source. 1957, No. 120 , § 1. 1951, No. 224 , § 2.

Amendments--2021. Subsec. (a): Substituted "ensure" for "insure" and deleted "and" following "common defense".

Subdiv. (a)(2): Substituted "pursuant to this chapter" for "herein".

Subdiv. (a)(3): Added "and" to the end.

Subdiv. (a)(4): Substituted "organizations and the taking steps as necessary" for "such organizations and the taking of such steps as are necessary".

Amendments--2005 (Adj. Sess.). Subsec. (a): Amended generally.

Subsec. (b): Deleted "manpower" following "made of the nation's" and substituted "emergencies resulting from all-hazards" for "caused by enemy attack, sabotage or hostile action".

Amendments--1989 (Adj. Sess.). Subsec. (a): Inserted "or from radiological incidents or hazardous chemical or substance incidents" following "natural causes" in the introductory paragraph, and substituted "emergency management" for "civil defense" in subdivs. (1) and (3).

Subsec. (b): Substituted "emergency management" for "civil defense" preceding "functions of this state".

§ 2. Definitions.

As used in this chapter:

  1. "All-hazards" means any natural disaster, health or disease-related emergency, accident, civil insurrection, use of weapons of mass destruction, terrorist or criminal incident, radiological incident, significant event, and designated special event, any of which may occur individually, simultaneously, or in combination and that poses a threat or may pose a threat, as determined by the Commissioner or designee, to property or public safety in Vermont.
  2. "Commissioner" means the Commissioner of Public Safety.
  3. "Director" means the Director of Vermont Division of Emergency Management.
  4. "Emergency functions" include services provided by the Department of Public Safety, firefighting services, police services, sheriff's department services, medical and health services, rescue, engineering, emergency warning services, communications, evacuation of persons, emergency welfare services, protection of critical infrastructure, emergency transportation, temporary restoration of public utility services, other functions related to civilian protection, and all other activities necessary or incidental to the preparation for and carrying out of these functions.
  5. "EPCRA" means the federal Emergency Planning and Community Right-To-Know Act, 42 U.S.C. §§ 11000-11050 (1986).
  6. "Emergency management" means the preparation for and implementation of all emergency functions, other than the functions for which the U.S. Armed Forces or other federal agencies are primarily responsible, to prevent, plan for, mitigate, and support response and recovery efforts from all-hazards. Emergency management includes the equipping, exercising, and training designed to ensure that this State and its communities are prepared to deal with all-hazards.
  7. "Hazard mitigation" means any action taken to reduce or eliminate the threat to persons or property from all-hazards.
  8. "Hazardous chemical or substance" means:
    1. Any chemical covered by 42 U.S.C. §§ 11021 and 11022 and defined in 29 C.F.R. § 1910.1200(c) or in 18 V.S.A. § 1722 .
    2. Any substance as defined in 42 U.S.C. § 9601(14) or designated hazardous by the administrator of the U.S. Environmental Protection Agency pursuant to 42 U.S.C. §§ 9602(a) or 11002(a)(2).
    3. Any hazardous material pursuant to 5 V.S.A. § 2001 .
    4. Fungicides, herbicides, insecticides, or rodenticides as defined in 6 V.S.A. § 911 .
    5. Any hazardous waste or material as defined in 10 V.S.A. § 6602 .
    6. Any of the dangerous substances defined in section 2799 of this title.
  9. "Hazardous chemical or substance incident" means any mishap or occurrence involving hazardous chemicals or substances that may pose a threat to persons or property.
  10. "Homeland security" means the preparation for and carrying out of all emergency functions, other than the functions for which the U.S. Armed Forces or other federal agencies are primarily responsible, to prevent, minimize, or repair injury and damage resulting from or caused by enemy attack, sabotage, or other hostile action.
  11. "Radiological incident" means any mishap or occurrence involving radiological activity that may pose a threat to persons or property.

    Amended 1971, No. 209 (Adj. Sess.), eff. April 3, 1972; 1989, No. 252 (Adj. Sess.), § 3; 2005, No. 209 (Adj. Sess.), § 3; 2021, No. 20 , § 112.

History

Source. 1957, No. 120 , § 2. 1951, No. 224 , § 3.

Reference in text. In subdiv. (5), substituted "the federal Emergency Planning and Community Right-To-Know Act, 42 US.C. §§ 11001-11050" for "the federal Emergency Planning and Community Right-To-Know Act, 42 U.S.C. §§ 11000-11050" to correct an error in the reference as there is no 42 U.S.C. § 11000.

Section 1722 of Title 18, referred to in subdiv. (8)(A), was repealed by 1993, No. 194 (Adj. Sess.), § 13(b).

2011. In subdiv. (8)(F), substituted "section 2799 of this title" for "21 V.S.A. § 261" for purposes of clarity and to correct an error in the reference in light of the repeal of 21 V.S.A. § 261 by 2003, No. 141 (Adj. Sess.), § 12.

Amendments--2021. Subdiv. (6): Substituted "the U.S. Armed forces" for "military forces" in the first sentence.

Subdiv. (8)(B): Substituted "U.S." for "United States" preceding "Environmental".

Subdiv. (10): Substituted "the U.S. Armed forces" for "military forces".

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--1989 (Adj. Sess.). Section amended generally.

Amendments--1971 (Adj. Sess.). Added the second sentence.

§ 3. Vermont emergency management division.

  1. There is hereby created within the department of public safety a division to be known as the Vermont emergency management division.
  2. There shall be a director of Vermont emergency management who shall be in immediate charge of the division. The director shall be appointed by the commissioner, with the approval of the governor. The director shall serve at the pleasure of the commissioner and shall hold no other state office. The director shall perform all the following duties:
    1. Coordinate the activities of all emergency management organizations within the state.
    2. Maintain liaison and cooperation with emergency management agencies and organizations of the federal government, other states, and Canada.
    3. Perform additional duties and responsibilities required pursuant to this chapter and prescribed by the governor.
  3. The commissioner, subject to the approval of the governor, shall delegate to the several departments and agencies of the state government appropriate emergency management responsibilities, and review and coordinate the emergency management activities of the departments and agencies with each other and with the activities of the districts and neighboring states, the neighboring Canadian province of Quebec, and the federal government.

    Amended 1965, No. 125 , § 17, eff. July 2, 1965; 1985, No. 4 , eff. March 9, 1985; 1989, No. 252 (Adj. Sess.), § 4; 2005, No. 209 (Adj. Sess.), § 4.

History

Source. 1951, No. 224 , § 4.

Amendments--2005 (Adj. Sess.). Subdiv. (b)(2): Added "and Canada" following "states".

Subsec. (c): Added "the neighboring Canadian province of Quebec" following "neighboring states".

Amendments--1989 (Adj. Sess.). Section amended generally.

Amendments--1985. Substituted "Vermont emergency management division" for "civil defense division" throughout the section and "director of Vermont emergency management" for "deputy director of civil defense" preceding "who" in the first sentence of subsec. (b).

Amendments--1965. Subsec. (b): Deleted the third sentence.

Cross References

Cross references. Department of public safety generally, see part 5 of this title.

§ 3a. Emergency Management Division; duties; budget.

  1. In addition to other duties required by law, the Division of Emergency Management shall:
    1. Establish and maintain a comprehensive State emergency management strategy that includes an emergency management plan, establish and define regional emergency management committees, and prepare an all-hazards mitigation plan in cooperation with other state, regional, and local agencies in compliance with adopted federal standards for emergency management. The strategy shall be designed to protect the lives and property, including domestic animals, of persons within this State who might be threatened as the result of all-hazards and shall align State coordination structures, capabilities, and resources into a unified and multidisciplined all-hazards approach to incident management.
    2. Assist the State Emergency Response Commission, the local emergency planning committees, the regional emergency management committees, and the municipally established local organizations referred to in section 6 of this title in carrying out their designated emergency functions, including developing, implementing, and coordinating emergency plans.
  2. Each fiscal year, the Division of Emergency Management, in collaboration with State and local agencies, the management of the nuclear reactor, the legislative bodies of the municipalities in the emergency planning zone where the nuclear reactor is located, the Windham Regional Planning Commission, and any other municipality or emergency planning zone entity required by the State to support the Radiological Emergency Response Plan, shall develop the budget for expenditures from the Radiological Emergency Response Plan Fund. The expenditure budget shall include all costs for evacuation notification systems.
  3. From the Fund, each town within the emergency planning zone shall receive an annual base payment of no less than $5,000.00 for radiological emergency response related expenditures from the radiological emergency response plan fund. Additional expenditures by municipalities in the emergency planning zone, the Windham Regional Planning Commission, and any other municipality or emergency planning entity defined by the State as required to support the plan, shall be determined during the budget development process established by subsection (b) of this section.

    Added 1989, No. 252 (Adj. Sess.), § 5; amended 1993, No. 194 (Adj. Sess.), § 1, eff. June 14, 1994; 2005, No. 209 (Adj. Sess.), § 5; 2005, No. 215 (Adj. Sess.), § 68a; 2021, No. 52 , § 17.

History

2006. The section heading and the text of subsec. (a) are based on the harmonization of two amendments. During the 2005 Adj. Sess., subsec. (a) was amended twice, by Act Nos. 209 and 215, resulting in two versions of subsec. (a). In order to reflect all of the changes enacted by the Legislature during the 2005 Adj. Sess., the text of Act. Nos. 209 and 215 was merged to arrive at a single version of subsec. (a). The changes that each of the amendments made are described in the amendment notes set out below.

Amendments--2021. Subsec. (a): Rewrote the subsec.

Amendments--2005 (Adj. Sess.). Section heading: Act No. 215 added "budget" at the end.

Subsec. (a): Act No. 209 amended subsec. generally.

Act No. 215, in the first sentence of subdiv. (a)(1), added "Establish and define emergency planning zones and" preceding "prepare" and inserted "for use in such zones" following agencies.

Subsecs. (b) and (c): Added by Act No. 209.

Amendments--1993 (Adj. Sess.). Subdiv. (2): deleted "and" following "commission", inserted "and the municipally established local organizations referred to in section 6 of this title" preceding "in developing".

§ 4. Repealed. 1996, No. 188, § 4.

History

Former § 4. Former § 4, relating to Vermont emergency management board, as last amended by 1989, No. 252 (Adj. Sess.), § 6.

§ 5. Public safety districts.

  1. The governor shall divide the state into public safety districts, one to correspond to each Vermont state police troop area, as defined by the commissioner. Each district shall be a reasonably self-sustaining, operating emergency management unit.
  2. The emergency management executive in each district shall be known as the district coordinator. The district coordinator shall be appointed by the commissioner and shall serve during the pleasure of the commissioner. The district coordinator shall discharge emergency management powers within his or her district. Each public safety district shall maintain on file an all-hazards incident response plan in cooperation with any local emergency planning committee (LEPC) in that district and other state and local agencies.

    Amended 1959, No. 23 , § 1, eff. March 6, 1959; 1985, No. 4 , eff. March 9, 1985; 1989, No. 252 (Adj. Sess.), § 7; 1995, No. 188 (Adj. Sess.), § 5; 2005, No. 209 (Adj. Sess.), § 6.

History

Source. 1951, No. 224 , § 7.

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--1995 (Adj. Sess.) Subsec. (a): Deleted "with the concurrence of the Vermont emergency management board" preceding "divide" in the first sentence.

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "emergency management" for "civil defense" preceding "districts" in the first sentence and preceding "unit" in the second sentence.

Subsec. (b): Amended generally.

Amendments--1985. Subsec. (a): Substituted "Vermont emergency management board" for "civil defense board" preceding "divide" in the first sentence.

Amendments--1959. Section amended generally.

Cross References

Cross references. Designation of director of Vermont emergency management, see § 3 of this title.

§ 6. Local organization for emergency management.

  1. Each town and city of this State is hereby authorized and directed to establish a local organization for emergency management in accordance with the State emergency management plan and program. The executive officer or legislative branch of the town or city is authorized to appoint a town or city emergency management director who shall have direct responsibility for the organization, administration, and coordination of the local organization for emergency management, subject to the direction and control of the executive officer or legislative branch. If the town or city that has not adopted the town manager form of government in accordance with 24 V.S.A. chapter 37 and the executive officer or legislative branch of the town or city has not appointed an emergency management director, the executive officer or legislative branch shall be the town or city emergency management director. The town or city emergency management director may appoint an emergency management coordinator and other staff as necessary to accomplish the purposes of this chapter.
  2. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the town or city within which it is organized and, in addition, shall conduct such functions outside of the territorial limits as may be required pursuant to the provisions of this chapter and in accord with rules adopted by the Governor.
  3. Each local organization shall develop and maintain an all-hazards emergency management plan in accordance with guidance set forth by the Division of Emergency Management.
  4. Regional emergency management committees shall be established by the Division of Emergency Management.
    1. Regional emergency management committees shall coordinate emergency planning and preparedness activities to improve their regions' ability to prepare for, respond to, and recover from all disasters.
    2. The Division of Emergency Management shall establish geographic boundaries and guidance documents for regional emergency planning committees in coordination with regional planning commissions and mutual aid associations.
    3. A regional emergency management committee shall consist of voting and nonvoting members.
      1. Voting members.  The local emergency management director or designee and one representative from each town and city in the region shall serve as the voting members of the committee. A representative from a town or city shall be a member of the town's or city's emergency services community and shall be appointed by the town's or city's executive or legislative branch.
      2. Nonvoting members.  Nonvoting members may include representatives from the following organizations serving within the region: fire departments, emergency medical services, law enforcement, media, transportation, regional planning commissions, hospitals, the Department of Health's district office, the Division of Emergency Management, organizations serving vulnerable populations, and any other interested public or private individual or organization.
    4. Voting members shall annually elect a chair and vice chair of the committee from the voting membership. The chair shall develop a meeting schedule, agenda, and facilitate each meeting. The vice chair shall fill in for the chair during the chair's absence.
    5. Committees shall develop and maintain a regional plan, consistent with guidance provided by the Division of Emergency Management in coordination with regional planning commissions, that describes regional coordination and regionally available resources.

      Amended 1989, No. 252 (Adj. Sess.), § 8; 1993, No. 194 (Adj. Sess.), § 2, eff. June 14, 1994; 2005, No. 209 (Adj. Sess.), § 7; 2021, No. 20 , § 113; 2021, No. 52 , § 12.

History

Source. 1951, No. 224 , § 14.

2021 The text of this section is based on the harmonization of two amendments. During the 2021 session, this section was amended twice, by Act Nos. 20 and 52, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2021 session, the text of Act Nos. 20 and 52 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in the amendment notes set out below.

Amendments--2021 Subsec. (a): Act No. 20 deleted "hereby" preceding "authorized" in the first sentence, and substituted "24 V.S.A. chapter 37" for "chapter 37 of Title 24" in the second sentence.

Act No. 52 deleted "Except in a town that has a town manager in accordance with chapter 37 of Title 24," from the beginning of the second sentence and inserted "in accordance with chapter 37 of Title 24" in the third sentence.

Subsec. (b): Act No. 20 substituted "rules adopted by the Governor" for "such regulations as the governor may prescribe".

Act No. 52 deleted "Except as provided in subsection (d) of this section," from the beginning.

Subsec. (c): Amended generally by Act No. 52.

Subsec. (d): Rewritten by Act No. 52.

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--1993 (Adj. Sess.). Subsec. (a): Substituted "shall" for "may" preceding "participate".

Amendments--1989 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Planning assistance, see § 3a of this title.

ANNOTATIONS

1. Financial support of coordinators and centers.

There is no language in this section which would either expressly or by necessary implication require a town or city to contribute to financial assistance to district coordinators and to district control centers. 1954-56 Op. Atty. Gen. 251.

§ 7. Mobile support units.

  1. Organization.  The Commissioner is authorized to create and establish mobile support units as necessary to reinforce emergency management organizations in stricken areas and with due consideration of the plans of the federal government, the government of Canada, and other states. A mobile support unit shall be subject to call to duty and shall perform these functions in this State, in Canada, or in other states in accord with its charter and rules adopted by the Governor and with the terms of this chapter.
  2. Personnel; powers and immunities, compensation.
    1. Personnel of mobile support units while engaged in emergency management, whether within or outside the State, shall:
      1. if they are employees of the State, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment;
      2. if they are employees of a political subdivision of the State, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; and
      3. if they are not employees of the State, or a political subdivision of the State, be entitled to appropriate compensation as fixed by the Commissioner with the approval of the Governor, and to the same rights and immunities as are provided by law for the employees of this State.
    2. All personnel of mobile support units, while engaged in emergency management, shall be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for all actual and necessary travel and subsistence expenses.
  3. Reimbursement of municipalities.  The State shall reimburse a political subdivision of the State for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of employees of the political subdivision of the State while serving as members of a mobile support unit; for all payments of death, disability, or injury of the employees incurred in the course of such duty; and for all losses of or damage to supplies and equipment of the political subdivision of the State resulting from the operation of the mobile support unit.
  4. Aid from other states.  Whenever a mobile support unit of another state provides aid in this State pursuant to the orders of the governor of its home state and upon the request of the Governor, this State shall reimburse the other state for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the personnel of the mobile support unit while providing the aid, and for all payments for death, disability, or injury of the unit's personnel incurred in the course of providing the aid, and for all losses of or damage to supplies and equipment of the other state or a political subdivision of that state resulting from the provision of aid, provided that the laws of the other state contain provisions substantially similar to this section or that substantially similar provisions are contained in a reciprocal mutual-aid agreement or compact or that the federal government has authorized or agreed to make reimbursements for the mutual aid on a basis that is substantially similar to the requirements of this section.
  5. Aid to other states.  No personnel of mobile support units of this State shall be ordered by the Governor to operate in any other state unless the laws of the other state contain provisions substantially similar to this section or unless the reciprocal mutual aid agreements or compacts include provisions providing for such reimbursements or unless the reimbursements will be made by the federal government by law or agreement.

    Amended 1989, No. 252 (Adj. Sess.), § 9; 2005, No. 209 (Adj. Sess.), § 8; 2021, No. 20 , § 114.

History

Source. 1951, No. 224 , § 16.

Revision note. In subdiv. (b)(3), substituted "emergency management board" for "civil defense board" for purpose of conformity with § 4 of this title, as amended.

Amendments--2021. Section amended generally.

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--1989 (Adj. Sess.). Subsec (a): Substituted "commissioner" for "director" preceding "with the approval" and "emergency management" for "civil defense" following "reinforce" in the first sentence.

Subsec. (b): Inserted "appropriate" preceding "compensation" and deleted "with a minimum of $4.00 per day and a maximum sum of $10.00 per day" following "board" in subdiv. (3) and substituted "emergency management" for "civil defense" preceding "activities" in the undesignated paragraph.

Cross References

Cross references. Mutual aid agreements, see chapter 5 of this title.

§ 8. General powers of Governor.

  1. The Governor shall have general direction and control of the emergency management agency and shall be responsible for carrying out the provisions of this chapter.
  2. In performing the duties under this chapter, the Governor is further authorized and empowered:
    1. Orders and rules.  To make, amend, and rescind the necessary orders and rules to carry out the provisions of this chapter with due consideration of the plans of the federal government.
    2. Plans.
      1. To prepare a comprehensive plan and program for the emergency management of this State to be integrated into and coordinated with the emergency management plans of the federal government, the Canadian government, and other states to the fullest possible extent.
      2. To coordinate the preparation of plans and programs for emergency management with public safety districts, local emergency planning committees, regional planning commissions, and by the municipalities of this State. The plans shall be integrated into and coordinated with the emergency management plans and program of this State to the fullest possible extent.
    3. Inventories, training, mobilization.  In accordance with the plan and program for the emergency management of the State:
      1. to ascertain the requirements of the State or the municipalities for food or clothing or other necessities of life in any all-hazards event and to plan for and procure supplies, medicines, materials, and equipment for the purposes set forth in this chapter;
      2. to make surveys of the industries, resources, and facilities within the State as necessary to carry out the purposes of this chapter, provided that no inventory or record of privately owned firearms shall be made under the provisions of this chapter; and
      3. to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster, to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.
    4. Cooperation with the President and others.
      1. To cooperate with the President and the heads of the U.S. Armed Forces, and the U.S. Department of Homeland Security, and with the officers and agencies of other states in matters pertaining to the emergency management of the State and nation.
      2. To take any measures, consistent with the Vermont Constitution, that the Governor deems proper to implement any request for the president and the appropriate federal officers and agencies, for any action looking to emergency management, including the direction or control of mobilization of emergency management and homeland security forces, tests and exercises, warnings and signals for drills or emergencies, shutting off water mains, gas mains, electric power connections and the suspension of all other utility services, the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior, and subsequent to drills or attack, public meetings or gatherings, and the evacuation and reception of the civilian population.
    5. Services and facilities.  To utilize the services and facilities of existing officers and agencies of the State and of the counties and municipalities of the State. All officers and agencies shall cooperate with and extend services and facilities to the Governor as the Governor may request.
    6. Law enforcement.  To take action and give directions to State and local law enforcement officers and agencies as may be reasonable and necessary to secure compliance with the provisions of this chapter and with the orders and rules made pursuant to this chapter.
    7. Delegation of authority.  To delegate any authority vested in the Governor under this chapter to the Commissioner or designee.
    8. Mutual aid agreements with other states.  On behalf of this State, to enter into reciprocal aid agreements under this chapter and pursuant to compacts with other states and the federal government or a province of a foreign country under such terms as the Congress of the United States may prescribe. These mutual aid arrangements shall be limited to the furnishing or exchange of food, clothing, medicine, and other supplies; engineering services; emergency housing; police services; National Guard or State Guard units while under the control of the State; health; medical and related services; fire fighting, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these services; and other supplies, equipment, facilities, personnel, and services as needed; and the reimbursement of costs and expenses for equipment, supplies, personnel, and similar items for mobile support units, fire fighting, and police units and health units. The mutual aid agreements shall be made on such terms and conditions as the Governor deems necessary.
    9. Mutual aid among municipalities.  To sponsor, develop, and approve mutual aid plans and agreements among the towns and cities of the State, similar to the mutual aid arrangements referred to in this section.

      Amended 1989, No. 252 (Adj. Sess.), § 10; 2005, No. 209 (Adj. Sess.), § 9; 2021, No. 20 , § 115.

History

Source. 1951, No. 224 , § 8.

Amendments--2021. Section amended generally.

Amendments--2005 (Adj. Sess.). Subsec. (b): Amended generally.

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "emergency management" for "civil defense" preceding "agency".

Subsec. (b): Inserted "or her" preceding "duties" in the introductory paragraph, substituted "emergency management" for "civil defense" in three places and inserted "this state, of" preceding "the federal government" in subdiv. (2), inserted "or she" preceding "may deem" in subdiv. (4), and substituted "the governor" for "him" and "commissioner" for "director" in subdiv. (6).

Cross References

Cross references. Emergency powers of governor, see §§ 9 and 11 of this title.

General powers of governor as commander-in-chief of forces or states, see § 20 of chapter II of Vermont Constitution.

§ 9. Emergency powers of Governor.

Subject to the provisions of this chapter, in the event of an all-hazards event in or directed upon the United States or Canada that causes or may cause substantial damage or injury to persons or property within the State in any manner, the Governor may proclaim a state of emergency within the entire State or any portion or portions of the State. Thereafter, the Governor shall have and may exercise for as long as the Governor determines the emergency to exist the following additional powers within such area or areas:

  1. To enforce all laws and rules relating to emergency management and to assume direct operational control of all emergency management personnel and helpers in the affected area or areas.
  2. To formulate and execute plans and rules for the control of traffic and to coordinate the activities of the departments or agencies of the State and of the political subdivisions of the State concerned directly or indirectly with public highways and streets, in a manner that will best effectuate the plans.
  3. To prescribe the maximum rates of speed at which motor vehicles may be operated on any road, highway, or street in the State; prescribe the sizes and weights of such motor vehicles; suspend the application of any statute or rule levying or assessing any license, insofar as the statute or rule relates to the entry into or the privilege of operation in this State of any motor vehicle, including busses or house trailers, registered in any other state and with respect to which a valid and unexpired license has been issued by the other state.
  4. To employ such measures and give such directions to the State or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this chapter.
  5. To utilize the services and facilities of existing officers and agencies of the State and of the cities and towns of the State; and all such officers and agencies shall cooperate with and extend their services and facilities to the Governor as he or she may request.
  6. To use and employ within the State, from time to time, and as he or she may deem expedient, any of the property, services, and resources of the State, for the purposes set forth in this chapter.
  7. To establish agencies and offices and to appoint executive, technical, clerical, and other personnel as may be necessary to carry out the provisions of this chapter.
  8. Upon the declaration of an emergency as authorized in federal legislation that includes the State of Vermont, to cooperate with the President of the United States, the U.S. Armed Forces, with other federal departments, agencies, and independent establishments, and other states in matters pertaining to emergency management; and in connection therewith to take such action, not inconsistent with the Constitution and laws of the State, that he or she may deem proper to carry into effect any request of the President, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Director of the Federal Emergency Management Agency.
  9. To order the evacuation of persons living or working within all or a portion of an area for which a state of emergency has been proclaimed.
  10. As provided in 30 V.S.A. § 248 (l), in consultation with the Chair of the Public Utility Commission and the Commissioner of Public Service or their designees, to waive the prohibitions contained in 30 V.S.A. § 248 upon site preparation for or construction of an electric transmission facility or a generating facility necessary to ensure the stability or reliability of the electric system or a natural gas facility. Waivers issued under this subdivision shall be subject to conditions required by the Governor and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the Governor. Upon the expiration of a waiver under this subdivision, if a certificate of public good has not been issued by the Public Utility Commission under 30 V.S.A. § 248, the Commission shall require the removal, relocation, or alteration of the facilities, subject to the waiver, as the Commission finds will best promote the general good of the State.
  11. In consultation with the Secretary of Natural Resources or designee, to authorize the Agency to issue temporary emergency permits, with appropriate conditions to minimize significant adverse environmental impacts, after limited or no opportunity for public comment, allowing site preparation for, construction of, or operation of an electric transmission facility or a generating facility necessary to ensure the stability or reliability of the electric system or a natural gas facility. A permit issued under this subdivision shall be subject to conditions required by the Governor and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the Governor. Upon the expiration of a temporary emergency permit under this subdivision, if any applicable permits have not been issued by the Secretary or the Commissioner of Environmental Conservation, the Secretary may seek enforcement under applicable law.

    Amended 1959, No. 23 , § 2, eff. March 6, 1959; 1983, No. 115 (Adj. Sess.), § 1, eff. March 16, 1984; 1989, No. 252 (Adj. Sess.), § 11; 2003, No. 82 (Adj. Sess.), § 5; 2005, No. 209 (Adj. Sess.), § 10; 2021, No. 20 , § 116.

History

Source. 1957, No. 120 , § 3. 1951, No. 224 , § 9.

2017. In subdiv. (10), substituted "Public Utility Commission" for "Public Service Board" in two places and "Commission" for "Board" in two places, in accordance with 2017, No. 53 , § 12.

Revision note - In subdiv. (8), substituted "an" for "a" following "declaration of" to correct a grammatical error.

In subdiv. (8), substituted "director of the federal emergency management agency" for "director of civil defense and mobilization" pursuant to the transfers of functions provided for in Reorganization Plan No. 1 of 1958 and Reorganization Plan No. 1 of 1973, noted under 50 U.S.C. Appendix § 2271, and Executive Order No. 10480, noted under 50 U.S.C. Appendix § 2153.

2003 (Adj. Sess.). 2003, No. 82 (Adj. Sess.), § 1 provided: "The general assembly finds there is a remote possibility that sets of circumstances could occur causing sudden problems with electric power transmission or generating systems or natural gas facilities. In addition, there is the possibility a terrorist incident elsewhere could create difficulties with energy distribution within Vermont. These situations require a faster process than the required statutory process for obtaining a certificate of public good before commencing work. Even when the governor declares a state of emergency because of anything other than an enemy attack on Vermont, existing statutes could seriously slow the repair of electric or natural gas systems in the state. This act provides an expedited process to keep these essential systems operating in these emergency situations, while still providing for a subsequent review process to determine the repairs are in the public good."

Amendments--2021. Intro. par.: Deleted "bounds of the" preceding the first occurrence of "State" in the first sentence.

Subdivs. (1), (2), (3), (5), (8), (10), (11): Amended generally.

Amendments--2005 (Adj. Sess.). Rewrote the introductory paragraph and inserted "the secretary of homeland security, the secretary of health and human services" following "secretary of defense" in subdiv. (8).

Amendments--2003 (Adj. Sess.). Subdivs. (10), (11): Added.

Amendments--1989 (Adj. Sess.). Inserted "hazardous chemical or substance incident" following "radiological incident" in the first sentence and "or she" preceding "shall find" in the second sentence of the introductory paragraph, substituted "emergency management" for "civil defense" and "emergency management personnel" for "civil defense forces" in subdiv. (1), inserted "or she" preceding "may request" in subdiv. (5) and preceding "may deem" in subdiv. (6), and deleted "civil defense" following "declaration of", substituted "emergency management" for "civil defense" following "pertaining to" and inserted "or she" preceding "may deem" in subdiv. (8).

Amendments--1983 (Adj. Sess.). Rewrote the introductory paragraph and subdivs. (2) and (4), and added subdiv. (9).

Amendments--1959. Rewrote the introductory paragraph and added subdiv. (8).

Cross References

Cross references. Additional emergency powers of governor, see § 11 of this title.

General powers of governor, see § 8 of this title.

Termination of emergencies, see § 13 of this title.

§ 10. Request to governor by municipal authorities.

The all-hazards event provisions of this chapter shall not be brought into action, unless the municipal director of emergency management, a member of the legislative body of the municipality, the city or town manager, or the mayor of a city that is within the area affected by an all-hazards event shall declare an emergency and request the governor to find that a state of emergency exists and the governor so finds, or unless the governor declares a state of emergency under section 9 of this title.

Amended 2005, No. 209 (Adj. Sess.), § 11.

History

Source. 1957, No. 120 , § 4.

Amendments--2005 (Adj. Sess.). Section amended generally.

§ 11. Additional emergency powers.

In the event of an all-hazards event, the Governor may exercise any or all of the following additional powers:

  1. To authorize any department or agency of the State to lease or lend, on such terms and conditions and for such period as he or she deems necessary to promote the public welfare and protect the interests of the State, any real or personal property of the State government, or authorize the temporary transfer or employment of personnel of the State government to or by the U.S. Armed Forces.
  2. To enter into a contract on behalf of the State for the lease or loan, on such terms and conditions and for such period as he or she deems necessary to promote the public welfare and protect the interests of the State, of any real or personal property of the State government, or the temporary transfer or employment of personnel thereof to any town or city of the State. The chief executive or legislative branch of the town or city is authorized for and in the name of the town or city to enter into the contract with the Governor for the leasing or lending of the property and personnel, and the chief executive or legislative branch of the town or city may equip, maintain, utilize, and operate such property except newspapers and other publications, radio stations, places of worship and assembly, and other facilities for the exercise of constitutional freedom, and employ necessary personnel in accordance with the purposes for which such contract is executed; and may do all things and perform all acts necessary to effectuate the purpose for which the contract was entered into.
  3. To seize, take, or condemn property for the protection of the public or at the request of the President, or his or her authorized representatives including:
    1. All means of transportation;
    2. All stocks of fuel of whatever nature;
    3. Food, clothing, equipment, materials, medicines, and all supplies;
    4. Facilities, including buildings and plants; provided that neither this nor any other authority in this chapter shall be deemed to authorize the eviction of a householder and his or her family from their own home.
  4. To sell, lend, give, or distribute all or any such property among the inhabitants of the State and to account to the State Treasurer for any funds received for such property.
  5. To make compensation for the property seized, taken, or condemned on the following basis:
    1. In case property is taken for temporary use, the Governor, at the time of the taking, shall fix the amount of compensation to be paid for the property, and in case the property is returned to the owner in a damaged condition or shall not be returned to the owner, the Governor shall fix the amount of compensation to be paid for the damage or failure to return. Whenever the Governor deems it advisable for the State to take title to property taken under this section, the Governor shall forthwith cause the owner of the property to be notified of the taking in writing by registered mail, postage prepaid, and forthwith cause to be filed a copy of the notice with the Secretary of State.
    2. Any owner of property of which possession has been taken under the provisions of this chapter to whom no award has been made or who is dissatisfied with the amount awarded him or her by the Governor may file a petition in the Superior Court within the county wherein the property was situated at the time of taking to have the amount to which he or she is entitled by way of damages or compensation determined, and either the petitioner or the State shall have the right to have the amount of such damages or compensation fixed after hearing by three disinterested appraisers appointed by the court, and who shall operate under substantive and administrative procedure to be established by the Superior judges. If the petitioner is dissatisfied with the award of the appraisers, he or she may appeal the award to the Superior Court and thereafter have a trial by jury to determine the amount of the damages or compensation. The court costs of a proceeding brought under this section by the owner of the property shall be paid by the State, and the fees and expenses of any attorney for the owner shall also be paid by the State after allowances by the court in which the petition is brought in an amount determined by the court. The statute of limitations shall not apply to proceedings brought by owners of property under this section for and during the time that any court having jurisdiction over the proceedings is prevented from holding its usual and stated sessions due to conditions resulting from emergencies described in this chapter.
  6. To perform and exercise other functions, powers, and duties as necessary to promote and secure the safety and protection of the civilian population.

    Amended 1959, No. 23 , § 3, eff. March 6, 1959; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 4 , eff. March 9, 1985; 2005, No. 209 (Adj. Sess.), § 12; 2021, No. 20 , § 117.

History

Source. 1951, No. 224 , § 10.

Revision note. In subdiv. (1), substituted "government" for "government's" following "real or personal property of the state" to correct a grammatical error.

Amendments--2021. Subdivs. (1), (2), (4), (5), (6): Amended generally.

Amendments--2005 (Adj. Sess.). Made gender-neutral changes throughout the section, and substituted "an all-hazards event" for "such an attack" preceding "the governor" and deleted "with the concurrence of a majority of the Vermont emergency management board" thereafter in the introductory paragraph.

Amendments--1985. Substituted "Vermont emergency management board" for "civil defense board" preceding "may" in the introductory clause.

Amendments--1973 (Adj. Sess.). Subdiv. (5)(B): Substituted "superior court" for "county court" in the first sentence.

Amendments--1959. Rewrote the introductory clause, deleted subdiv. (1) and redesignated former subdivs. (2)-(7) as present subdivs. (1)-(6), and rewrote the first sentence of subdiv. (5)(A).

Cross References

Cross references. Emergency powers of governor generally, see § 9 of this title.

§ 12. Repealed. 2005, No. 209 (Adj. Sess.), § 35.

History

Former § 12. Former § 12, relating to the establishment of civil defense department, was derived from 1951, No. 224 , § 11 and amended by 1959, No. 23 , § 4; 1985, No. 4 and 1989, No. 252 (Adj. Sess.), § 12.

§ 13. Termination of emergencies.

The governor:

  1. May terminate by proclamation the emergencies provided for in sections 9 and 11 of this title; provided, however, that no emergencies shall be terminated prior to the termination of such emergency as provided in federal law.
  2. May declare the state of emergency terminated in any area affected by an all-hazards event.
  3. Upon receiving notice that a majority of the legislative body of a municipality affected by a natural disaster no longer desires that the state of emergency continue within its municipality, shall declare the state of emergency terminated within that particular municipality. Upon the termination of the state of emergency, the functions as set forth in section 9 of this title shall cease, and the local authorities shall resume control.

    Amended 2005, No. 209 (Adj. Sess.), § 13.

History

Source. 1951, No. 224 , § 12.

2006. Section was amended by adding a subsec. (a) designation but was changed to an undesignated paragraph to conform to V.S.A. style.

Revision note - At the beginning of the section, substituted "Vermont emergency management board" for "civil defense board" for conformity with section 11 of this title, as amended by 1985, No. 4 .

Amendments--2005 (Adj. Sess.). Section amended generally.

§ 14. Repealed. 2005, No. 209 (Adj. Sess.), § 35.

History

Former § 14. Former § 14, relating to state of emergency, was derived from 1957, No. 120 , § 5 and amended by 1989, No. 252 (Adj. Sess.), § 13.

§ 15. Return of property.

  1. Whenever the need for the purposes of this chapter of any real or personal property acquired under this chapter shall terminate, the Governor may dispose of such property on such terms and conditions as he or she deems appropriate, but to the extent feasible and practicable the Governor shall give to the former owner of any property so disposed of an opportunity to reacquire it:
    1. at its then fair value as determined by the Governor; or
    2. if it is to be disposed of, other than at a public sale of which the Governor shall give reasonable notice, at less than such value, at the highest price any other person is willing to pay for the property.
  2. The Governor need not provide an opportunity to reacquire property in the case of items that lose their identity in use or to property having a fair value of less than $500.00.

    Amended 2021, No. 20 , § 118.

History

Source. 1951, No. 224 , § 13.

Amendments--2021. Section amended generally.

Cross References

Cross references. Acquisition of property during emergencies generally, see § 11 of this title.

§ 16. Orders and rules.

The towns and cities of the State and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind orders and rules as necessary for emergency management purposes and to supplement the carrying out of the provisions of this chapter. Orders and rules adopted pursuant to this section shall not be inconsistent with any orders and rules adopted by the Governor or by any State agency exercising a power delegated to it by him or her.

Amended 1989, No. 252 (Adj. Sess.), § 14; 2021, No. 20 , § 119.

History

Source. 1951, No. 224 , § 18.

Amendments--2021. Section amended generally.

Amendments--1989 (Adj. Sess.). Substituted "emergency management" for "civil defense" preceding "purposes" and added "or her" following "him".

Cross References

Cross references. Adoption of rules generally, see 3 V.S.A. chapter 25.

Penalties for violations, see § 24 of this title.

Power of governor to make orders, rules and regulations generally, see § 8 of this title.

§ 17. Gift, grant, or loan.

  1. Federal.  Whenever the federal government or any agency or officer of the federal government offers to the State, or through the State to any town or city within Vermont, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the State, acting through the Governor in coordination with the Department of Public Safety, or such town or city acting with the consent of the Governor and through its executive officer or legislative branch, may accept the offer, and upon such acceptance, the Governor or the executive officer or legislative branch of the political subdivision may authorize any officer of the State or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or funds on behalf of the State or the political subdivisions, and subject to the terms of the offer and rules, if any, of the agency making the offer. Whenever a federal grant is contingent upon a State or local contribution, or both, the Department of Public Safety and the political subdivision shall determine whether the grant shall be accepted and, if accepted, the respective shares to be contributed by the State and town or city concerned.
  2. Private.  Whenever any person, firm, or corporation offers to the State or to any town or city in Vermont services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of emergency management, the State, acting through the Governor, or the political subdivision, acting through its executive officer or legislative branch, may accept the offer, and upon such acceptance, the Governor or executive officer or legislative branch of the political subdivision may authorize any officer of the State or the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or funds on behalf of the State or the political subdivision, and subject to the terms of the offer.

    Amended 1985, No. 4 , eff. March 9, 1985; 1989, No. 252 (Adj. Sess.), § 15; 2005, No. 209 (Adj. Sess.), § 14; 2021, No. 20 , § 120.

History

Source. 1951, No. 224 , § 20.

Amendments--2021. Section amended generally.

Amendments--2005 (Adj. Sess.). Subsec. (a): Substituted "in coordination with the department of public safety" for "with the consent of the Vermont emergency management board" and deleted "and the Vermont emergency management board" following "consent of the governor" in the first sentence, and substituted "the department of public safety and the" for "the Vermont emergency management board" preceding "political subdivision" and deleted "or both, as the case may be" thereafter in the second sentence.

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "emergency management" for "civil defense" following "purposes of" in the first sentence.

Subsec. (b): Substituted "emergency management" for "civil defense" following "purposes of".

Amendments--1985. Subsec. (a): Substituted "Vermont emergency management board" for "civil defense board" throughout the subsection.

Cross References

Cross references. Matching of federal funds, see § 25 of this title.

§ 18. Personnel requirements and nonsubversion.

No person shall be employed or associated in any capacity in any emergency management organization established under this chapter who advocates a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is employed by an emergency management organization established under this chapter and whose access to facilities, materials, or information requires a security clearance, as determined by the commissioner, shall be subject to a background check and a criminal history record check.

Amended 1989, No. 252 (Adj. Sess.), § 16; 2005, No. 209 (Adj. Sess.), § 15.

History

Source. 1951, No. 224 , § 22.

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--1989 (Adj. Sess.). Substituted "emergency management" for "civil defense" preceding "organization" in the first sentence.

ANNOTATIONS

1. Necessity for and effect of oath.

Taking and filing of the oath prescribed by this section is a prerequisite to qualification for any position in civil defense and until a participant in civil defense activities complies with this section, he is afforded no immunities under section 20 of this chapter or chapter 3 of this title. 1950-52 Op. Atty. Gen. 244.

§ 19. Powers outside of town of appointment.

Whenever the employees of any town or city are rendering outside aid pursuant to the authority contained in this chapter such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the town or city in which they are normally employed.

History

Source. 1951, No. 224 , § 15.

§ 20. Immunities and defenses.

  1. Except in the case of willful misconduct or gross negligence, the state, any of its agencies, state employees as defined in 3 V.S.A. § 1101 , political subdivisions, local emergency planning committees, or individual, partnership, association, or corporation involved in emergency management activities shall not be liable for the death of or any injury to persons or loss or damage to property resulting from an emergency management service or response activity, including the development of local emergency plans and the response to those plans. Nothing in this section shall exclude the state, its agencies, political subdivisions, or employees from the protections and rights provided in chapter 189 of Title 12.
  2. Any individual, partnership, association, corporation or facility that provides personnel, training or equipment through an agreement with the local emergency planning committee, the state emergency response commission or local emergency response officials is immune from civil liability to the same extent provided in subsection (a) of this section for any act performed within the scope of the agreement.

    Amended 1989, No. 252 (Adj. Sess.), § 17; 2005, No. 209 (Adj. Sess.), § 16.

History

Source. 1951, No. 224 , § 19.

Amendments--2005 (Adj. Sess.). Subsec. (a): In the first sentence, added "state employees as defined by section 1101 of Title 3" following "any of its agencies", deleted "an emergency management worker" preceding "individual", "civil defense or" preceding "emergency management activities", and "but not limited to" following "including"; and added the last sentence.

Amendments--1989 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Limitation of liability of volunteers assisting in prevention, mitigation or remediation of hazardous materials accidents, see 12 V.S.A. § 5783.

ANNOTATIONS

Analysis

1. Prerequisite.

Until participant complies with the provisions of section 18, relating to the taking and filing of an oath, he is afforded no immunities under this section. 1950-52 Op. Atty. Gen. 244.

2. Scope.

The only immunity which civil defense participants will have is an immunity when they act strictly within the civil defense statutes and regulations and orders issued under them, and then only when such participants are properly qualified in the civil defense organization, operating under a lawful order issued under the statutes and carrying out the order in a reasonable manner within its terms. 1950-52 Op. Atty. Gen. 244.

§ 21. Compensation for injury or death.

A volunteer, as set forth in 3 V.S.A. § 1101(b)(4) , shall be entitled to compensation as provided in Titles 21 and 29.

Amended 1981, No. 165 (Adj. Sess.), § 1; 1989, No. 252 (Adj. Sess.), § 18; 2005, No. 209 (Adj. Sess.), § 17.

History

Source. 1951, No. 224 , § 17.

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--1989 (Adj. Sess.). Inserted "or emergency management" following "civil defense" wherever it appeared, substituted "sections 601-710" for "sections 627-631" and deleted "may be determined by the board and" following "awards" in the first sentence and substituted "workers" for "workmen's" preceding "compensation" in the third sentence.

Amendments--1981 (Adj. Sess.). Substituted "workers' compensation" for "workmen's compensation" in the third sentence.

§ 22. Repealed. 2005, No. 209 (Adj. Sess.), § 35, eff. May. 31, 2006.

History

Former § 22. Former § 22, relating to political activity prohibited, was derived from 1951, No. 224 , § 21 and amended by 1989, No. 252 (Adj. Sess.), § 19.

§ 23. General powers not limited by specific powers.

The general powers provided for in this chapter shall not be limited by any specific powers granted to the governor by any of the provisions of this chapter.

History

Source. 1951, No. 224 , § 24.

§ 24. Penalties.

Any person violating any provision of this chapter or any rule, order or regulation made pursuant to this chapter which rule, order or regulation shall be filed with the secretary of state, shall, upon conviction thereof, be punishable by a fine not exceeding $500.00 or imprisonment not exceeding six months or both.

History

Source. 1951, No. 224 , § 23.

Cross References

Cross references. Orders, rules and regulations generally, see § 16 of this title.

ANNOTATIONS

1. Application.

This section does not apply to municipal corporations as such. 1950-52 Op. Atty. Gen. 249.

§ 25. Matching funds.

To the extent of any appropriation available to carry out the purposes of this chapter, federal monies for emergency management within the State may be matched from such an appropriation.

Added 1959, No. 23 , § 5, eff. March 6, 1959; amended 1989, No. 252 (Adj. Sess.), § 20; 2005, No. 209 (Adj. Sess.), § 19; 2021, No. 20 , § 121.

History

Amendments--2021. Substituted "monies" for "moneys" and "from such an appropriation" for "therefrom."

Amendments--2005 (Adj. Sess.). Deleted "civil defense and" following "federal moneys for".

Amendments--1989 (Adj. Sess.). Inserted "and emergency management" following "civil defense".

Cross References

Cross references. Gifts, grants and loans generally, see § 17 of this title.

§ 26. Change of venue because of enemy attack.

In the event that the place where a civil action or a criminal prosecution is required by law to be brought has become and remains unsafe because of an attack upon the United States or Canada, such action or prosecution may be brought in or, if already pending, may be transferred to the superior court in an unaffected unit and there tried in the place provided by law for such court.

Added 1959, No. 23 , § 7, eff. March 6, 1959; amended 1965, No. 194 , § 10; 1973, No. 118 , § 23, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 156.

History

Amendments--2009 (Adj. Sess.) Substituted "superior court in an unaffected unit" for "superior or district court as appropriate in an unaffected county or territorial unit".

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Amendments--1973. Section amended generally.

Amendments--1965. Substituted "district court" for "municipal court".

Effective and operative dates of 1965 amendment. 1965, No. 194 , § 18, provided that the act was to become effective July 1, 1965, but that section 10 of the act, which amended this section, was not to become operative until February 1, 1967.

§ 27. Auxiliary state police.

For the purposes of emergency management, as the term is defined in section 2 of this title, the commissioner of public safety may recruit and train for police duty citizens, including sheriffs, deputy sheriffs, constables and police officers, from whom he may augment the state police, in emergency functions, by employing such number of them, for such period and at such compensation as the governor may fix, as auxiliary state police, who shall take the oath prescribed for sheriffs and, while so employed, shall each wear a distinctive arm badge marked with the words "AUXILIARY STATE POLICE" and shall have the powers and immunities of the state police as defined in section 1914 of this title.

Added 1959, No. 23 , § 8, eff. March 6, 1959; amended 1989, No. 252 (Adj. Sess.), § 21.

History

Amendments--1989 (Adj. Sess.). Substituted "emergency management" for "civil defense" following "purposes of" and "emergency functions" for "a civil defense emergency" preceding "by employing".

Cross References

Cross references. Immunities of civil defense workers generally, see § 20 of this title.

§ 28. Emergency management medical program.

The department of health is hereby directed, within the limits of appropriations and grants made to it, and in coordination with local, state, and federal emergency management officials, to plan, develop, and implement a comprehensive emergency management medical program to protect and assist the people of the state in an all-hazards event.

Added 1961, No. 151 ; amended 1989, No. 252 (Adj. Sess.), § 22; 2005, No. 209 (Adj. Sess.), § 20.

History

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--1989 (Adj. Sess.). Substituted "emergency management" for "civil defense" in two places and deleted "national" preceding "emergencies".

Cross References

Cross references. State emergency management program generally, see § 3 of this title.

§ 29. Emergency shelters; no private liability.

Any person owning or controlling premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part of such land and premises for the purpose of sheltering persons or animals or providing health-related services during a declared emergency or practice drill in cooperation with a federal, state, or political subdivision shall together with successors in interest not be civilly liable for negligence causing the death of or injury to any person on or about the land and premises or for loss of or damage to the property of the person during a declared emergency or practice drill.

Added 1963, No. 67 , eff. May 2, 1963; amended 2005, No. 209 (Adj. Sess.), § 21.

History

Amendments--2005 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Compensation for injury to or death of civil defense workers, see § 21 of this title.

§ 30. State Emergency Response Commission; creation.

  1. The State Emergency Response Commission is created within the Department of Public Safety. The Commission shall consist of 17 members, eight ex officio members, including the Commissioner of Public Safety, the Secretary of Natural Resources, the Secretary of Transportation, the Commissioner of Health, the Secretary of Agriculture, Food and Markets, the Commissioner of Labor, the Director of Fire Safety, and the Director of Emergency Management, or designees; and nine public members, including a representative from each of the following: local government, the local emergency planning committee, a regional planning commission, the fire service, law enforcement, emergency medical service, a hospital, a transportation entity required under EPCRA to report chemicals to the State Emergency Response Commission, and another entity required to report extremely hazardous substances under EPCRA.
  2. The nine public members shall be appointed by the Governor for staggered three-year terms. The Governor shall appoint the Chair of the Commission.
  3. Members of the Commission, except State employees who are not otherwise compensated as part of their employment and who attend meetings, shall be entitled to a per diem and expenses as provided in 32 V.S.A. § 1010 .

    Added 1989, No. 252 (Adj. Sess.), § 23; amended 1993, No. 194 (Adj. Sess.), § 3, eff. June 14, 1994; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 209 (Adj. Sess.), § 22; 2007, No. 47 , § 16; 2021, No. 52 , § 13.

History

2007. In subsec. (a), added "a" preceding "vote" in the last sentence.

Amendments--2021. Subsec. (a): Substituted "17 members, eight" for "15 members, six", substituted "the Commissioner of Labor, the Director of Fire Safety, and the Director of Emergency Management, or designees" for "and the commissioner of labor, or their designees", and deleted the last sentence.

Amendments--2007 Subsec. (a): Substituted "a transportation entity required under EPCRA to report chemicals to the state emergency response commission, and another entity required to report extremely hazardous substances under EPCRA" for "and a representative of the Vermont Humane Federation and the Humane Society of the United States" at the end of the second sentence.

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--2003. Subsec. (a): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture" in the second sentence.

Amendments--1993 (Adj. Sess.). Subsec. (a): Substituted "to the commission" for "under chapter 36 of Title 18" following "required to report" in the second sentence.

§ 31. State Emergency Response Commission; duties.

The Commission shall have authority to:

  1. Carry out all the requirements of a commission under the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. §§ 11000-11050 (1986) (EPCRA).
  2. Adopt rules necessary for the implementation of EPCRA and for the reporting of hazardous chemicals or substances, including setting minimum limits on the level of hazardous chemicals to be reported.
  3. Designate and appoint local emergency planning committees.
  4. Review and comment on the development and implementation of local emergency plans by the local emergency planning committee and provide assistance to that committee in executing its duties.
  5. Review and comment on the comprehensive State emergency management plan and the local emergency planning committee plans.
  6. Meet with interested parties, which may include representatives of the carrier industry shippers, and State and local agencies, having an interest, responsibility, or expertise concerning hazardous materials.
  7. Ensure that a State plan will go into effect when an accident occurs involving the transportation of hazardous materials. The plan shall be exercised at least once annually and shall be coordinated with local and State emergency plans.
  8. Jointly adopt rules concerning reportable quantities of economic poison as defined in 6 V.S.A. § 911(5) with the Agency of Agriculture, Food and Markets. The Commission may enter into contracts with governmental agencies or private organizations to carry out the duties of this section.
  9. Recommend funding for awards to be made by the Commissioner for planning, training, exercises, and response capabilities from funds that are available from federal sources or through the hazardous substances fund created in section 38 of this title. The Commission may create committees as necessary for other related purposes and delegate funding recommendation powers to those committees.

    (b) The Department of Public Safety shall provide administrative support to the State Emergency Response Commission.

    Added 1989, No. 252 (Adj. Sess.), § 24; amended 1993, No. 194 (Adj. Sess.), § 4, eff. June 14, 1994; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 209 (Adj. Sess.), § 23; 2021, No. 52 , § 14.

History

Reference in text. In subdiv. (1), substituted "the federal Emergency Planning and Community Right-To-Know Act, 42 US.C. §§ 11001-11050" for "the federal Emergency Planning and Community Right-To-Know Act, 42 U.S.C. §§ 11000-11050" to correct an error in the reference as there is no 42 U.S.C. § 11000.

Amendments--2021. Subsec. (a): Amended generally.

Subsec. (b): Added.

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--2003 Subsec. (c): Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" in the first sentence.

Amendments--1993 (Adj. Sess.). Rewrote subdiv. (a)(2) and subsec. (c).

Cross References

Cross references. Creation and duties of regional emergency response commissions, see § 33 of this title.

§ 32. Local emergency planning committees; creation; duties.

  1. One or more local emergency planning committees shall be appointed by the State Emergency Response Commission.
  2. All local emergency planning committees shall include representatives from the following: fire departments; local and regional emergency medical services; local, county, and State law enforcement; media; transportation; regional planning commissions; hospitals; industry; the Vermont National Guard; the Department of Health's district office; and an animal rescue organization, and may include any other interested public or private individual or organization. Where the local emergency planning committee represents more than one region of the State, the Commission shall appoint representatives that are geographically diverse.
  3. A local emergency planning committee shall perform all the following duties:
    1. Carry out all the requirements of a committee pursuant to EPCRA, including preparing a local emergency planning committee plan. The plan shall be coordinated with the State emergency management plan and may be expanded to address all-hazards identified in the State emergency management plan. At a minimum, the local emergency planning committee plan shall include the following:
      1. Identifies facilities and transportation routes of extremely hazardous substances.
      2. Describes emergency response procedures, including those identified in facility plans.
      3. Designates a local emergency planning committee coordinator and facility coordinators to implement the plan.
      4. Outlines emergency notification procedures.
      5. Describes how to determine the probable affected area and population by releases of hazardous substances.
      6. Describes local emergency equipment and facilities and the persons responsible for them.
      7. Outlines evacuation plans.
      8. Provides for coordinated local training to ensure integration with the State emergency management plan.
      9. Provides methods and schedules for exercising emergency plans.
    2. Upon receipt by the committee or the committee's designated community emergency coordinator of a notification of a release of a hazardous chemical or substance, ensure that the local emergency plan has been implemented.
    3. Consult and coordinate with the heads of local government emergency services, the emergency management director or designee, regional planning commissions, and the managers of all facilities within the jurisdiction regarding the facility plan.
    4. Review and evaluate requests for funding and other resources and advise the State Emergency Response Commission concerning disbursement of funds.
    5. Work to support the various emergency services, mutual aid systems, town governments, regional planning commissions, State agency district offices, and others in their area in conducting coordinated all-hazards emergency management activities.

      Added 1989, No. 252 (Adj. Sess.), § 25; amended 2005, No. 209 (Adj. Sess.), § 24; 2021, No. 20 , § 122; 2021, No. 52 , § 15.

History

2021 The text of this section is based on the harmonization of two amendments. During the 2021 session, this section was amended twice, by Act Nos. 20 and 52, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2021 session, the text of Act Nos. 20 and 52 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in the amendment notes set out below.

Amendments--2021. Subsec. (a): Act No. 52 added "One or more" at the beginning.

Subsec. (b): Act No. 20 inserted "and" preceding "an animal rescue organization".

Act No. 52 added "All" at the beginning of the subsec., substituted "shall" for "should" in the first sentence, inserted "Vermont" preceding "National Guard", and added the last sentence.

Subsec. (c): Act No. 52 deleted "response" preceding "plan" twice, substituted "management plan" for "operations plan", and substituted "identified in the State emergency management plan" for "and all phases of emergency management" in the second sentence.

Subdiv. (c)(1)(H): Act No. 52 substituted "management" for "operations".

Subdiv. (c)(2): Act No. 20 substituted "ensure" for "insure".

Act No. 52 substituted "ensure" for "insure" and deleted "response" preceding "plan".

Subdiv. (c)(3): Act No. 52 substituted "jurisdiction" for "district".

Subdiv. (c)(4): Act No. 52 deleted "and district coordinators" following "State Emergency Response Commission".

Amendments--2005 (Adj. Sess.). Section amended generally.

§ 33. Hazmat teams; team chiefs; creation.

  1. The department of public safety is authorized to create a state hazardous materials (HAZMAT) response team. The commissioner shall appoint a HAZMAT team chief, consistent with rules adopted by the department of human resources, to carry out the duties and responsibilities of the HAZMAT response team.
  2. The HAZMAT team chief shall perform all the following duties:
    1. Organize a state HAZMAT response team to assist local emergency planning committees, fire chiefs, and other emergency management officials in response to hazardous chemical and substance (HAZMAT) incidents.
    2. Hire persons for the HAZMAT team from fire, police, and emergency organizations and persons with specialty backgrounds in hazardous materials, and, with the approval of the director of the division of fire safety, appoint crew chiefs.
    3. Negotiate with municipalities which maintain firefighting departments to secure appropriate facilities and personnel to house and maintain the response team's vehicles and equipment and to provide drivers for the response vehicles.
    4. Coordinate the acquisition and maintenance of adequate vehicles and equipment for the response teams.
    5. Ensure that response team personnel are organized, trained and exercised in accordance with the standards set by the fire service training council and the state emergency response commission.
    6. Ensure that appropriate regional mutual aid agreements are created so that all firefighting departments within the region may participate with the regional HAZMAT response team.
  3. The state shall reimburse a municipality for the actual costs expended to cover the duties of a municipality's employee who is an employee of the state HAZMAT team and who is requested to leave his or her employment at the municipality to respond to a HAZMAT incident or attend HAZMAT team training.
  4. The department of public safety may employ as many state HAZMAT team responders as the commissioner deems necessary as temporary state employees, who shall be compensated as such when authorized to respond to a HAZMAT incident or to attend HAZMAT training. State HAZMAT team responders, whenever acting as state agents in accordance with this section, shall be afforded all of the protections and immunities of state employees.
  5. The team chief and the crew chiefs, referred to in subdivision (b)(2) of this section, shall have the authority to accept the transfer of control of a hazardous material incident from the chief engineer or senior fire officer at a scene.

    Added 1993, No. 194 (Adj. Sess.), § 5, eff. June 14, 1994; amended 1995, No. 115 (Adj. Sess.), §§ 2-4, eff. April 23, 1996; 1999, No. 148 (Adj. Sess.), § 78, eff. May 24, 2000; 2005, No. 209 (Adj. Sess.), § 25.

History

Revision note. Subsec. (g) was enacted as "subsec. (f)" by Act No. 148, but was renumbered as "subsec. (g)" to avoid conflict with existing subsec. (f).

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--1999 (Adj. Sess.). Subsec. (f): Added.

Amendments--1995 (Adj. Sess.) Subdiv. (b)(2): Substituted "persons" for "volunteers" following "appoint" at the beginning of the sentence.

Subdiv. (b)(7): Substituted "propose" for "submit" preceding "annual" and added "and to the department of public safety" at the end of the subdiv.

Subsec. (e): Added the first sentence and deleted "and shall be considered 'temporary' state employees for this purpose" at the end of the second sentence.

§ 34. Temporary housing for disaster victims.

  1. Whenever the Governor has proclaimed a disaster emergency under the laws of this State, or the President has declared an emergency or a major disaster to exist in this State, the Governor is authorized:
    1. To enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and to make such units available to any political subdivision of the State.
    2. To assist any political subdivision of this State that is the locus of temporary housing for disaster victims to acquire sites necessary for the temporary housing and to do all things required to prepare the site to receive and utilize temporary housing units by:
      1. advancing or lending funds available to the Governor from any appropriation made by the General Assembly or from any other source,
      2. "passing through" funds made available by any agency, public or private, or
      3. becoming a co-partner with the political subdivision for the execution and performance of any temporary housing for disaster victims project and for such purposes to pledge the credit of the State on such terms as the Governor deems appropriate having due regard for current debt transactions of the State.
  2. Under rules adopted by the Governor, to temporarily suspend or modify for not more than 60 days any public health, safety, zoning, transportation (within or across the State), or other requirement of law or rules within Vermont when by proclamation the Governor deems the suspension or modification essential to provide temporary housing for disaster victims.
  3. Any political subdivision of this State is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements are necessary to prepare or equip such sites to utilize the housing units, including the purchase of temporary housing units and payment of transportation charges.
  4. The Governor is authorized to adopt rules as necessary to carry out the purposes of this chapter.
  5. Nothing in this chapter shall be construed to limit the Governor's authority to apply for, administer, and expend any grants, gifts, or payments in aid of disaster prevention, preparedness, response, or recovery.
  6. As used in this chapter, "major disaster," "emergency," and "temporary housing" have the same meaning as in the Disaster Relief Act of 1974, P.L. 93-288.

    Added 1975, No. 97 , § 1, eff. April 30, 1975; amended 2021, No. 20 , § 123.

History

Reference in text. The Disaster Relief Act of 1974, referred to in subsec. (f), is codified principally as 42 U.S.C. § 5121 et seq.

Amendments--2021. Section amended generally.

§ 35. Community disaster loans.

Whenever, at the request of the governor, the president has declared a "major disaster" to exist in this state, the governor is authorized:

  1. Upon his determination that a local government of the state will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the local government, for a loan; and to receive and disburse the proceeds of any approved loan to any applicant local government.
  2. To determine the amount needed by any applicant local government to restore or resume its governmental functions, and to certify the same to the federal government, provided, however, that no application amount shall exceed 25 percent of the annual operating budget of the applicant for the fiscal year in which the major disaster occurs.
  3. To recommend to the federal government, based upon his review, the cancellation of all or any part of repayment when, in the first three full fiscal year period following the major disaster, the revenues of the local government are insufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character.

    Added 1975, No. 97 , § 2, eff. April 30, 1975.

Cross References

Cross references. Emergency powers of governor generally, see § 8 of this title.

Federal Disaster Relief Act, see 42 U.S.C. § 5121 et seq.

§ 36. Debris and wreckage removal.

  1. Whenever the Governor has declared a disaster emergency to exist under the laws of this State, or the President, at the request of the Governor, has declared a major disaster or emergency to exist in this State, the Governor is authorized:
    1. Notwithstanding any other provision of law, through the use of State departments or agencies, or the use of any of the State's instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage that may threaten public health or safety, or public or private property, in any disaster emergency declared by the Governor or major disaster declared by the President.
    2. To accept funds from the federal government and utilize the funds to make grants to any local government for the purpose of removing debris or wreckage from publicly or privately owned land or water.
  2. Authority under this chapter shall not be exercised unless the affected local government, corporation, organization, or individual shall first present an unconditional authorization for removal of the debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the State government against any claim arising from such removal.
  3. Whenever the Governor provides for clearance of debris or wreckage pursuant to subsections (a) or (b) of this section, employees of the designated State agencies or individuals appointed by the State are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.
  4. Except in cases of willful misconduct, gross negligence, or bad faith, any State employee or agent complying with orders of the Governor and performing duties pursuant to the Governor's orders under this chapter shall not be liable for death of or injury to persons or damage to property.
  5. The Governor is authorized to adopt rules to carry out the purposes of this chapter.

    Added 1975, No. 97 , § 3, eff. April 30, 1975; amended 2021, No. 20 , § 124.

History

Amendments--2021. Subdiv. (a)(1): Substituted "that" for "which."

Subdiv. (a)(2): Substituted "the" for "such" following "utilize."

Subsec. (b): Substituted "the" for "such" preceding the first occurrence of "debris."

Subsec. (d): Substituted "to the Governor's orders" for "thereto."

Subsec. (e): Substituted "adopt rules" for "make rules and regulations."

Cross References

Cross references. Adoption of rules generally, see 3 V.S.A. chapter 25.

Emergency powers of governor generally, see § 8 of this title.

Federal Disaster Relief Act, see 42 U.S.C. § 5121 et seq.

Immunities of civil defense workers generally, see § 20 of this title.

§ 37. State financial participation in grants to disaster victims.

  1. Whenever the President, at the request of the Governor, has declared a major disaster to exist in this State, the Governor is authorized:
    1. Upon his or her determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance, to accept a grant by the federal government to fund such financial assistance, subject to such terms and conditions as may be imposed upon the grant.
    2. To enter into an agreement with the federal government, or any officer or agency of the federal government, under which the State is to participate in the funding of the financial assistance authorized in subdivision (1) of this subsection, in an amount not to exceed 25 percent of the amount of financial assistance and, if State funds are not otherwise available to the Governor, to accept an advance of the State share from the federal government to be repaid when the State is able to do so.
  2. Notwithstanding any other provision of law or regulation, the Governor is authorized to make financial grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot otherwise adequately be met from other means of assistance, which shall not exceed $5,000.00 in the aggregate to an individual or family in any single major disaster declared by the President.
  3. The Governor shall adopt rules as necessary to carry out the purposes of this chapter, including standards of eligibility for persons applying for benefits; procedures for applying and administration; methods of investigation, filing, and approving applications; and formation of local or statewide boards to pass upon applications and procedures for appeals.
  4. Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for financial assistance under this title shall, upon conviction of each offense, be subject to a fine of not more than $5,000.00, or imprisonment for not more than one year, or both.

    Added 1975, No. 97 , § 4, eff. April 30, 1975; amended 2021, No. 20 , § 125.

History

Amendments--2021. Subdiv. (a)(2): Substituted "agency of the federal government" for "agency thereof" and substituted "of the amount of financial assistance" for "thereof."

Subsec. (b): Substituted "that" for "which."

Subsec. (c): Substituted "adopt rules as necessary to carry" for "make such regulations as are necessary for carrying"; and deleted "but not limited to" following "including."

Cross References

Cross references. Adoption of rules generally, see 3 V.S.A. chapter 25.

Emergency powers of governor generally, see § 8 of this title.

Federal Disaster Relief Act, see 42 U.S.C. § 5121 et seq.

§ 38. Special funds.

There is created a Hazardous Chemical and Substance Emergency Response Fund that shall include all monies paid to the State pursuant to section 39 of this title. The Fund shall be managed pursuant to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund shall be used to implement and administer this chapter, including planning, training, and response activities as well as the purchase of equipment and assisting local organizations referred to in section 6 of this chapter to develop emergency plans. Each local emergency planning committee shall receive an annual grant from the Commissioner of Public Safety. The annual total grant amount to be allocated to local emergency planning committees statewide shall not exceed $52,000.00, and the Commissioner shall divide the total annual grant amount equally among the local emergency planning committees. After disbursement of the funding and after consideration of the comments and evaluation received from the local emergency planning committee and the State Emergency Response Commission, the Commissioner of Public Safety at the Commissioner's discretion may make additional grants from the Fund to any local emergency planning committee or regional emergency response commission as well as to any political subdivisions including any city, town, fire district, incorporated village and other incorporated entities in the State in accordance with rules adopted by the State Emergency Response Commission. Unless waived by the State Emergency Response Commission, grants shall be matched by local governments in the amount of 25 percent of the grant. The matching may be by contribution or by privately furnished funds or by in-kind services, space, or equipment that would otherwise be purchased by a local emergency planning committee.

Added 1989, No. 252 (Adj. Sess.), § 26; amended 1993, No. 194 (Adj. Sess.), § 6, eff. June 14, 1994; 1995, No. 178 (Adj. Sess.), § 425, eff. May 22, 1996; 1997, No. 59 , § 5, eff. June 30, 1997; 1999, No. 49 , § 206; 2001, No. 142 (Adj. Sess.), § 114; 2003, No. 66 , §§ 97a, 97b; 2005, No. 209 (Adj. Sess.), § 26; 2005, No. 215 (Adj. Sess.), § 68b; 2007, No. 65 , § 71a; 2007, No. 192 (Adj. Sess.), § 5.904; 2009, No. 33 , § 41; 2021, No. 20 , § 126; 2021, No. 52 , § 16.

History

Revision note. Substituted "chapter" for "act" in the third sentence of subsec. (b) to conform reference to V.S.A. style.

2021 The text of this section is based on the harmonization of two amendments. During the 2021 session, this section was amended twice, by Act Nos. 20 and 52, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2021 session, the text of Act Nos. 20 and 52 was merged to arrive at a single version of this section.

Amendments--2021. Section rewritten by Act Nos. 20 and 52.

Amendments--2009. Subsec. (a): Deleted subdiv. (4).

Amendments--2007 (Adj. Sess.). Subdiv. (a)(3): Repealed.

Amendments--2007. Subdiv. (a)(3): Inserted "and $4,500.00 for each town for pager stipends" following "expenditures" at the end of the second sentence.

Amendments--2005 (Adj. Sess.). Subdiv. (a)(2): Act No. 215 rewrote the third sentence.

Subdiv. (a)(3): Act No. 215 added the second through fourth sentences.

Subsec. (b): Act No. 209 substituted "of subchapter 5 of chapter 7 of Title 32" for "of 32 V.S.A. chapter 7, subchapter 5" in the second sentence, and "planning committee" for "planning district" and inserted "and $4,000.00 as of July 1, 2007" in the third sentence.

Amendments--2003. Subdiv. (a)(1): Added the second sentence.

Subdiv. (a)(2): Deleted "preferably in the office of the Windham regional planning commission" from the end of the fourth sentence.

Amendments--2001 (Adj. Sess.) Subsec. (a): Amended generally.

Amendments--1999 Subdiv. (a)(1): Substituted "management" for "response" preceding "division" in the first sentence.

Subdiv. (a)(5)(B): Substituted "$400,000.00" for "$300,000.00".

Amendments--1997. Subsec. (a): Added "and managed pursuant to the provisions of chapter 7, subchapter 5 of Title 32" following "management" in the second sentence.

Amendments--1995 (Adj. Sess.) Subdiv. (a)(5): Substituted "Each fiscal year" for "No later than July 1 of each year" in the introductory paragraph and "for the purposes of this subsection" for "to meet anticipated expenses for the next year" following "necessary" in subdiv. (A).

Amendments--1993 (Adj. Sess.). Subsec. (b): Substituted "managed pursuant to the provisions of 32 V.S.A. chapter 7, subchapter 5" for "separately maintained and accounted for by the state treasurer and shall be administered by the commissioner of public safety" at the end of the second sentence, added "including planning, training and response activities as well as the purchase of equipment and assisting local organizations referred to in section 6 of this chapter to develop emergency response plans" following "administer this chapter" in the third sentence, substituted "$1,500.00 annually and may petition the state emergency response commission for additional funds if needed and available" for "$20,000.00" following "grant of" in the fourth sentence, inserted "additional" preceding "grants from the fund to" and "any local emergency planning committee or regional emergency response commission as well as to any" thereafter in the fifth sentence, substituted "unless waived by the state emergency response commission" for "except for the minimum planning district grants" preceding "grants shall", deleted "the" preceding "local" and substituted "governments" for "government" thereafter in the sixth sentence, and substituted "a local emergency planning" for "the" following "purchased by" in the seventh sentence.

Repeal of expiration of subsec. (b). 1993, No. 60 , § 85, eff. May 28, 1993, which provided for the expiration of subsec. (b) on June 30, 1994, was repealed by 1993, No. 194 (Adj. Sess.), § 13(a), eff. June 14, 1994.

Radiological emergency response plan fund; division of emergency management. 2001, No. 142 (Adj. Sess.), § 114(a) provides: "All responsibilities of the department and commissioner of finance and management under 20 V.S.A. § 38(a) shall, in fiscal year 2003, be assumed by the division of emergency management of the department of public safety."

§ 39. Fees to the Hazardous Substances Fund.

  1. Every person required to report the use or storage of hazardous chemicals or substances pursuant to EPCRA shall pay the following annual fees for each hazardous chemical or substance, as defined by the State Emergency Response Commission, that is present at the facility:
    1. $40.00 for quantities between 100 and 999 pounds.
    2. $60.00 for quantities between 1,000 and 9,999 pounds.
    3. $100.00 for quantities between 10,000 and 99,999 pounds.
    4. $290.00 for quantities between 100,000 and 999,999 pounds.
    5. $880.00 for quantities exceeding 999,999 pounds.
    6. An additional fee of $250.00 will be assessed for each extremely hazardous chemical or substance as defined in 42 U.S.C. § 11002.
  2. The fee shall be paid to the Commissioner of Public Safety and shall be deposited into the Hazardous Chemical and Substance Emergency Response Fund.
  3. The following are exempted from paying the fees required by this section but shall comply with the reporting requirements of this chapter:
    1. municipalities and other political subdivisions;
    2. State agencies;
    3. persons engaged in farming as defined in 10 V.S.A. § 6001 ;
    4. nonprofit corporations.
  4. No person shall be required to pay a fee for a chemical or substance that has been determined to be an economic poison as defined in 6 V.S.A. § 911 or for a fertilizer or agricultural lime as defined in 6 V.S.A. § 363 and for which a registration or tonnage fee has been paid to the Agency of Agriculture, Food and Markets pursuant to 6 V.S.A. chapter 28 or 81.
  5. The State or any political subdivision, including any municipality, fire district, emergency medical service, or incorporated village, is authorized to recover any and all reasonable direct expenses incurred as a result of the response to and recovery of a hazardous chemical or substance incident from the person or persons responsible for the incident. All funds collected by the State under this subsection shall be deposited into the Hazardous Chemical and Substance Emergency Response Fund created pursuant to subsection 38(b) of this chapter. The Attorney General shall act on behalf of the State to recover these expenses. The State or political subdivision shall be awarded costs and reasonable attorney's fees that are incurred as a result of exercising the provisions of this subsection.

    Added 1989, No. 252 (Adj. Sess.), § 27; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1990; 1993, No. 194 (Adj. Sess.), §§ 7, 8, eff. June 14, 1994; 1999, No. 49 , § 158; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 163 (Adj. Sess.), § 27; 2005, No. 72 , § 14; 2005, No. 209 (Adj. Sess.), § 27; 2007, No. 153 (Adj. Sess.), § 1; 2015, No. 149 (Adj. Sess.), § 36.

History

2020 In subdiv. (c)(3), deleted "of this title" following "10 V.S.A. § 6001" to correct an error in the reference.

Amendments--2015 (Adj. Sess.). Subdiv. (a)(1): Substituted "$40.00" for "$35.00".

Subdiv. (a)(2): Substituted "$60.00" for "$55.00".

Subdiv. (a)(3): Substituted "$100.00" for "$90.00".

Subdiv. (a)(4): Substituted "$290.00" for "$265.00".

Subdiv. (a)(5): Substituted "$880.00" for "$800.00".

Subdiv. (a)(6): Substituted "$250.00" for "$175.00".

Amendments--2007 (Adj. Sess.). Subdiv. (a)(1): Substituted "$35.00" for "$33.00".

Subdiv. (a)(2): Substituted "$55.00" for "$50.00".

Subdiv. (a)(3): Substituted "$90.00" for "$80.00".

Subdiv. (a)(4): Substituted "$265.00" for "$250.00".

Subdiv. (a)(5): Substituted "$800.00" for "$750.00".

Subdiv. (a)(6): Substituted "$175.00" for "$150.00".

Amendments--2005 (Adj. Sess.). Subsec. (a): Substituted "EPCRA" for "Title III of SARA of 1986".

Subsec. (e): Added "emergency medical service" following "fire district" in the first sentence, and substituted "attorney fees" for "attorneys' fees" near the end.

Amendments--2005. Subsec. (a): Deleted "Beginning January 1, 1994" preceding "every person required" and substituted "that is present" for "which is present" in the introductory paragraph.

Subdiv. (a)(1): Substituted "$33.00" for "$25.00".

Subdiv. (a)(2): Substituted "$50.00" for "$40.00".

Subdiv. (a)(3): Substituted "$80.00" for "$60.00".

Subdiv. (a)(4): Substituted "$250.00" for "$200.00".

Subdiv. (a)(5): Substituted "$750.00" for "$500.00".

Subdiv. (a)(6): Substituted "$150.00" for "$100.00".

Subsec. (e): Deleted "after reimbursements have been made to any responding state agencies" following "subsection 38(b) of this chapter" in the second sentence, and substituted "that are incurred" for "which are incurred" in the fourth sentence.

Amendments--2003 (Adj. Sess.). Subdiv. (a)(1): Substituted "$25.00" for "$5.00".

Subdiv. (a)(2): Substituted "$40.00" for "$20.00".

Subdiv. (a)(3): Substituted "$60.00" for "$50.00".

Subdiv. (a)(4): Substituted "$200.00" for "$100.00".

Subdiv. (a)(5): Substituted "$500.00" for "$200.00".

Subdiv. (a)(6): Substituted "$100.00" for "$50.00".

Amendments--2003 Subsec. (d): Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Amendments--1999. Subsec. (b): Deleted the first and second sentences.

Amendments--1993 (Adj. Sess.). Subsec. (a): Substituted "1994" for "1991" following "January 1" and "pursuant to Title III of SARA of 1986" for "under chapter 36 of Title 18" preceding "shall pay", inserted "annual" preceding "fees", and substituted "as defined by the state emergency response commission, which is present at the facility" for "as defined in sections 1722 and 1724 of Title 18", in the introductory paragraph.

Subsec. (b): Deleted "the calendar year beginning January 1, 1992, and for" preceding "each year" and "thereafter" preceding "the fee" in the first sentence, and substituted "public safety" for "health" in the third sentence.

Subsec. (c): Deleted "and chapter 36 of Title 18" following "this chapter" in the introductory paragraph and added subdiv. (4).

Subsec. (e): Added.

Amendments--1989 (Adj. Sess.). Subsec. (d): Substituted "department of agriculture, food and markets" for "department of agriculture".

Expiration of section. Pursuant to 1993, No. 60 , § 85, eff. May 28, 1993, the expiration of this section on June 30, 1993, as authorized by 1989, No. 252 (Adj. Sess.), § 29, was extended to June 30, 1994. However, 1993, No. 194 (Adj. Sess.), §§ 7, 8, eff. June 14, 1994, amended subsecs. (a), (b) and (c) and added subsec. (e) and 1993, No. 194 (Adj. Sess.), § 13, eff. June 14, repealed both the 1990 sunset as well as the 1993 extension. Therefore, this section did not expire because 1993, No. 194 (Adj. Sess.) took effect June 14, two weeks prior to the expiration of the sunset's extension by 1993, No. 60 , § 85.

§ 40. Enforcement.

  1. The department of public safety shall have authority to inspect the premises and records of any employer to ensure compliance with the provisions of this chapter and the rules adopted under this chapter.
  2. A person who violates any provision of this chapter or any rule adopted under this chapter shall be fined not more than $1,000.00 for each violation. Each day a violation continues shall be deemed to be a separate violation.
  3. The attorney general may bring an action for injunctive relief in the superior court of the county in which a violation occurs to compel compliance with the provisions of this chapter.

    Added 1993, No. 194 (Adj. Sess.), § 9, eff. June 14, 1994.

§ 41. [Reserved for future use.].

History

Former §§ 42-44. Prior to repeal, former § 43 was amended by 1987, No. 156 (Adj. Sess.), § 1. For present provisions relating to radiological emergency response plan fund, see § 38 of this title.

Prior to repeal, former § 44 was amended by 1987, No. 156 (Adj. Sess.), § 2, for present provisions relating to fees, see § 38(a)(5) of this title.

§ 45. Emergency relief and assistance.

  1. If a state of emergency due to an all hazards event is declared by the governor, the secretary of administration may expend from the emergency relief and assistance fund such funds necessary to meet match requirements for federal grants.
  2. The emergency board established by 32 V.S.A. § 131 may authorize the secretary of administration to expend from the emergency relief and assistance fund an amount not to exceed $1,000,000.00 to avert an emergency natural or otherwise as identified by the board, and to expend from the emergency relief and assistance fund to award low interest loans and grants to municipalities that sustain damage to public infrastructure as a result of a natural disaster and to persons whose homes, farms, or businesses are damaged by a natural disaster. Assistance under this subsection may supplement assistance provided through federal and local emergency assistance programs, but eligibility for federal or local assistance shall not be required for eligibility under this subsection.
  3. There is created an emergency relief and assistance fund to be administered by the secretary of administration as a special fund under the provisions of subchapter 5 of chapter 7 of Title 32. The fund shall contain any amounts transferred or appropriated to it by the general assembly.
  4. Funds utilized under this section shall be distributed in accordance with criteria and procedures established by rule by the secretary of administration.
  5. [Repealed.]

    Added 1999, No. 62 , § 272a; amended 1999, No. 152 (Adj. Sess.), § 278, eff. May 29, 2000; 2005, No. 209 (Adj. Sess.), § 28; 2005, No. 215 (Adj. Sess.), § 282; 2009, No. 33 , § 83(i)(1).

History

2006. The text of this section is based on the harmonization of two amendments. During the 2005 Adj. Sess., this section was amended twice, by Act Nos. 209 and 215, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2005 Adj. Sess., the text of Act Nos. 209 and 215 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in the amendment notes set out below.

Amendments--2009. Subsec. (e): Repealed.

Amendments--2005 (Adj. Sess.). Act No. 209 substituted "an all-hazards event" for "a natural disaster" preceding "is declared" in the first sentence.

Act No. 215 amended the section generally.

Amendments--1999 (Adj. Sess.). Section amended generally.

Applicability--1999 Amendment. 1999, No. 152 (Adj. Sess.), § 282, provided that the amendment to this section by section 278 of the act shall apply as of July 1, 1999.

§ 46. Disaster Relief Workers Fund; health care providers; reimbursement.

  1. The Disaster Relief Workers Fund is established in the State Treasury, and shall be managed in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund is established for the purpose of providing pay reimbursement to employers of certain public or private health care providers who perform mental health disaster relief services.
  2. All monies received by or generated to the Fund shall be used to provide wage reimbursement to any public or private Vermont employer for disaster relief services rendered by its employee. The employee shall be a certified disaster relief service volunteer of the American Red Cross. Reimbursement shall be for not more than 14 days for performing disaster relief work pursuant to a request from the American Red Cross when:
    1. the work is performed in Vermont;
    2. the disaster is a federal or presidentially declared disaster designated as Level III or above, according to the American Red Cross rules and procedures; or
    3. the disaster is declared by the governor of a state or territory.
  3. The proceeds from grants, donations, contributions, and other sources of revenue, as provided by law, may be deposited in the Fund. Interest earned on the Fund and any balance remaining at the end of the fiscal year shall remain in the Fund. The Treasurer's Office shall maintain records that indicate the amount of money in the Fund at any given time.
  4. The Commissioner of Finance and Management shall issue warrants for disbursement from the Fund only for the purposes described in subsection (b) of this section, and shall administer the Fund pursuant to an appropriation from the Fund by the General Assembly or authorization from the Emergency Board.
  5. For mental health care relief services, the Commissioner of Mental Health or a director of a regional mental health center may make timely applications to any and all appropriate federal or other grant programs that provide money for disaster relief or homeland security services, including the Crisis Counseling Training and Assistance Program. Any monies awarded from these sources for the purposes authorized in subsection (b) of this section shall be deposited into the Disaster Relief Workers Fund. The Commissioner of Mental Health shall supervise the administration of mental health care reimbursements under this section.
  6. Nothing in this section shall render an employer liable for damage, injury, or harm caused or sustained by an employee who performs disaster relief services and who is eligible for reimbursement under this section, whether or not reimbursement occurs.

    Added 2001, No. 100 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 120; 2021, No. 20 , § 127.

History

2016. In subsec. (e), at the end of the last sentence, substituted "this section" for "this act".

Amendments--2021. Subdiv. (b)(2): Substituted "rules" for "regulations."

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "32 V.S.A. chapter 7, subchapter 5" for "subchapter 5 of chapter 7 of Title 32" following "provisions of" and "mental" for "behavioral" following "perform".

Subsec. (e): Substituted "mental" for "behavioral" twice and "Commissioner of Mental Health" for "commissioner of developmental and mental health services" twice.

§§ 42-44. Repealed. 1989, No. 252 (Adj. Sess.), § 28(b).

CHAPTER 3. INTERSTATE CIVIL DEFENSE COMPACT

Sec.

§§ 81-94. Repealed. 1999, No. 138 (Adj. Sess.), § 7.

History

Former §§ 81-94. Former § 81, relating to the purpose of committee plans, was derived from 1957, No. 147 , 1951, No. 243 , § 1.

Former § 82, relating to civil defense plans and programs, was derived from 1951, No. 243 , § 1.

Former § 83, relating to mutual aid, was derived from 1951, No. 243 , § 1.

Former § 84, relating to aid by persons possessing professional, mechanical or other skills, was derived from 1951, No. 243 , § 1.

Former § 85, relating to immunities of civil defense workers, was derived from 1951, No. 243 , § 1.

Former § 86, relating to supplementary agreements, was derived from 1951, No. 243 , § 1.

Former § 87, relating to payment of compensation for injury or death, was derived from 1951, No. 243 , § 1.

Former § 88, relating to reimbursement for aid, was derived from 1951, No. 243 , § 1.

Former § 89, relating to plans for evacuation of civilians, was derived from 1951, No. 243 , § 1.

Former § 90, relating to availability of compact, was derived from 1951, No. 243 , § 1.

Former § 91, relating to civil defense agency as informational and coordinating body, was derived from 1951, No. 243 , § 1.

Former § 92, relating to deposit of copies of compact and supplementary agreements, was derived from 1951, No. 243 , § 1.

Former § 93, relating to period of existence and withdrawal, was derived from 1951, No. 243 , § 1.

Former § 94, relating to the construction and separability of compact, was derived from 1951, No. 243 , § 1.

CHAPTER 4. EMERGENCY MANAGEMENT ASSISTANCE COMPACT

Sec.

§ 101. Emergency management assistance compact; adoption.

The state of Vermont hereby adopts the emergency management assistance compact. The director of the Vermont emergency management services and the Vermont adjutant general may adopt rules for procedures and practices necessary to implement Vermont's entry into and participation in the emergency management assistance compact (EMAC).

Added 1999, No. 138 (Adj. Sess.), § 1.

§ 102. Purpose; authority; definitions - Article I.

  1. The purpose of this compact is to provide mutual aid and assistance among the party states for response to and management of any disaster or emergency declared by the governor of any affected party state.
  2. This compact also provides mutual cooperation among the party states in emergency-related training, exercises, testing, or any other activity related to preparation for an actual declared disaster or emergency. Mutual assistance under this compact may include the use of the national guard force of any party state, either in accordance with the national guard mutual assistance compact or by agreement between states.
  3. For the purposes of this agreement:
    1. "Disaster or emergency" means any occurrence that threatens the health, safety and well-being of the people of any state or region, whether due to natural or man-made disaster, technological hazard, effects of resource shortage, civil disorder, insurgency, or enemy attack.
    2. "Party state" means a state or jurisdiction that is an authorized participant in the compact.
    3. "States" means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.

      Added 1999, No. 138 (Adj. Sess.), § 1.

§ 103. General implementation - Article II.

  1. Disasters or emergencies are rarely limited to occurring within political jurisdictional boundaries, making intergovernmental coordination and cooperation essential to effective management of most disasters or emergencies. The nature of a disaster or emergency frequently requires immediate access to additional resources in order to respond promptly and effectively. Most states do not have available all the resources needed to respond to every emergency.
  2. Immediate, efficient, and effective utilization of resources from party states, the United States government or any other source, essential to protect the health and safety of people in the event of a disaster or emergency, is the underlying principle of this compact.
  3. The governor of each party state, or the governor's designee, shall adopt rules that include the appropriate interstate mutual aid plans and procedures formulated in cooperation with other party states necessary to implement this compact.
    1. Each party state shall be responsible for formulating procedural plans and programs for interstate cooperation in order to carry out the responsibilities required by the compact. Each party state shall:
      1. Review the hazard analyses of each party state in order to determine potential emergencies the party states might jointly suffer.
      2. Review party states' individual emergency plans, and develop a mechanism for the interstate management and provision of assistance in any potential emergency.
      3. Develop interstate procedures to fill identified gaps, and resolve identified inconsistencies or overlaps in existing plans.
      4. Warn communities adjacent to or crossing the state boundaries.
      5. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.
      6. Inventory and establish procedures for the interstate loan and delivery of human and material resources, and procedures for reimbursement or forgiveness.
      7. Provide, to the extent authorized by law, for temporary suspension of any statute or ordinance that restricts the implementation of the responsibilities listed in this subdivision.
    2. A party state may request aid, verbally or in writing, from another party state only by contacting the authorized representative of that state. A request made verbally shall be confirmed in writing within 30 days. A request shall include the following information:
      1. A description of the emergency service function for which aid is needed, such as fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.
      2. The amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the duration of the need.
      3. The specific place and time for staging the aid from the responding party states and a point of contact at that location.
    3. There shall be frequent consultation and free exchange of information, plans, and resource records relating to emergency capabilities between or among state officials who have been assigned emergency management responsibilities, other appropriate representatives of the party states and the United States government.

      Added 1999, No. 138 (Adj. Sess.), § 1.

§ 104. Limitations - Article III.

  1. Any party state requested to render aid or conduct exercises under this compact shall comply fully with the terms of this compact; provided that the state rendering aid may withhold resources necessary to reasonably protect itself. Each party state shall confer on the emergency forces of a party state, rendering aid within the limits of the requesting party state, the same duties, rights, privileges and powers, except the power to arrest, unless specifically authorized by the receiving state, afforded the forces of the state in which emergency services are being provided. Emergency forces will be commanded and controlled by their regular leaders, but the organizational units will be subject to the operational control of the emergency services authorities of the state receiving aid. These conditions may be activated as needed, only during a declared disaster or emergency, or while exercises or training for mutual aid is in progress or the loaned resources remain in the receiving state, whichever is longer.
  2. A person from a party state rendering aid under this compact who holds a license, certificate, or other permit issued by that party state indicating that the person is qualified in some professional, mechanical, or other skill, shall be deemed licensed, certified, or permitted in the state requesting aid to render aid related to the license certificate or permit for a declared emergency or disaster, subject to limitations and conditions prescribed by the governor of the requesting state.

    Added 1999, No. 138 (Adj. Sess.), § 1.

§ 105. Liability - Article IV.

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for the purposes of tort liability and immunity. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable for any act or omission performed in good faith while so engaged or in regard to the maintenance or use of any equipment or supplies in connection with rendering aid. Good faith does not include willful misconduct, gross negligence or reckless behavior.

Added 1999, No. 138 (Adj. Sess.), § 1; amended 2005, No. 209 (Adj. Sess.), § 29.

History

Amendments--2005 (Adj. Sess.). Added "while so engaged or" following "performed in good faith" in the second sentence.

§ 106. Supplementary agreements - Article V.

This compact shall not limit the right of any party states to enter into supplementary agreements with other party states, nor shall it limit or restrict any agreements presently in force. Supplementary agreements may include provisions for evacuation and reception of injured and misplaced persons, and the exchange of equipment and supplies and medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel.

Added 1999, No. 138 (Adj. Sess.), § 1.

§ 107. Compensation - Article VI.

Each party state shall pay compensation and death benefits to injured members of their emergency forces and representatives of deceased members who are injured or killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death occurred within the party's own state.

Added 1999, No. 138 (Adj. Sess.), § 1.

§ 108. Reimbursement - Article VII.

Upon request by a party state rendering aid in another party state pursuant to this compact, the receiving state shall reimburse the state rendering aid for any loss, except losses pursuant to Article VI of this compact, damage or expense incurred from operating any equipment or providing any services in response to a request for aid. A party state providing aid may assume in whole or in part any loss, damage, expense, or other cost experienced by them, or may loan equipment or donate services to the receiving party state without charge or cost. Two or more party states may enter into supplementary agreements establishing allocation of costs among those states.

Added 1999, No. 138 (Adj. Sess.), § 1.

§ 109. Evacuation - Article VIII.

The party states and their emergency management services directors shall develop and implement a plan for the orderly evacuation and interstate transport of any civilian population dislocated by any disaster or emergency. The plan shall include the mode of transport, the number of evacuees that can be received at each location, a method for providing the evacuees with food, clothing, housing, medical care, registration, notification of relatives, and other related services. The plan shall also include a provision for the party state sending evacuees to reimburse the party state receiving for expenses incurred to receive and care for the evacuees, and to provide transportation, food, clothing, medical care and housing. The party state sending the evacuees shall be responsible for the return of the evacuees.

Added 1999, No. 138 (Adj. Sess.), § 1.

§ 110. Implementation - Article IX.

  1. This compact shall be effective upon enactment into law by any two states. The compact shall be effective as to any other state upon enactment by that state.
  2. Any party state may withdraw from this compact by repealing the law that enacted the compact. A withdrawal shall be effective 30 days after the governor of the withdrawing state has given written notice of the withdrawal to the governors of all other party states. Withdrawal shall not relieve the withdrawing state from obligations incurred prior to the effective date of withdrawal.
  3. Authenticated copies of this compact and any supplementary agreements shall, at the time of approval, be provided to all other party states, and the Federal Emergency Management Agency and any other appropriate governmental agency of the United States.

    Added 1999, No. 138 (Adj. Sess.), § 1.

§ 111. Validity - Article IX.

If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this act and the applicability thereof to other persons and circumstances shall not be affected thereby.

Added 1999, No. 138 (Adj. Sess.), § 1.

§ 112. Additional provisions - Article X.

  1. Nothing in this compact shall be construed to authorize or permit the use of military force by the national guard of any state outside that state for a disaster or emergency for which the President of the United States is authorized to call federal forces into service, or for any purpose for which the use of the U.S. Army or Air Force would in the absence of express statutory authorization be prohibited under 18 U.S.C. § 1385.
  2. The director of the Vermont emergency management service shall be the authorized representative in regard to a request from a party state or by Vermont for aid that does not involve personnel or elements of the Vermont national guard.
  3. The adjutant general shall be the authorized representative for any requests from a party state or Vermont for aid involving the Vermont national guard personnel or elements.
  4. The director of Vermont emergency management shall be responsible for handling any and all documents necessary to obtain reimbursement hereunder for services rendered to a requesting state, or within Vermont by another assisting state.
  5. If the attorney general determines that the liability or tort protections of a party state are inferior to those afforded to emergency or military personnel in Vermont, the requesting party state shall indemnify and hold harmless Vermont personnel for any tort or other liability for their acts or omissions related to providing aid pursuant to this compact in the requesting party state.
  6. This section and 20 V.S.A. § 81 shall be read and construed to complement and not conflict with existing interstate compacts regarding hazardous waste and nuclear incidents.

    Added 1999, No. 138 (Adj. Sess.), § 1.

History

Reference in text. 20 V.S.A. § 81, referred to in subsec. (f), was repealed by 1999, No. 138 (Adj. Sess.), § 7.

CHAPTER 5. MILITARY AID

Sec.

Cross References

Cross references. Emergency management generally, see part 1 of this title.

§ 151. Agreements or compacts.

Pursuant to the provisions and authority of Congress, as amended by Pub. L. No. 84-564, 42 U.S.C. §§ 5195a and 5196, the Governor is authorized to enter into, amend, supplement, and implement agreements or compacts with the executive authorities of other states, including the Emergency Management Assistance Compact, providing for mutual-military aid, disaster relief, hazard mitigation, and emergency preparedness and related matters, in case of hazard or natural disaster, invasion or other hostile action, disaster, insurrection, or the imminent danger of such an event.

Amended 1999, No. 138 (Adj. Sess.), § 2; 2021, No. 20 , § 128.

History

Source. 1957, No. 97 , § 1.

Reference in text. Public Law 435, 82nd Congress, as amended by Public Law 564, 84th Congress, referred to in this section, is Act July 1, 1952, ch. 538, 66 Stat. 315, as amended by Act June 4, 1956, ch. 365, 70 Stat. 247, which related to Congressional consent and approval of an interstate compact regarding mutual military aid in an emergency.

Amendments--2021. Substituted "Pub. L. No.84-564" for "Public Law 564, 84th Congress"; "related matters" for "matters incidental thereto"; and "the imminent danger of such an event" for "imminent danger thereof."

Amendments--1999 (Adj. Sess.). Deleted "Public Law 435, 82nd" following "authority of", inserted "42 U.S.C. §§ 5195a and 5196" following "84th Congress", "including the emergency management assistance compact" following "other states", and "hazard or natural disaster" preceding "invasion or other".

§ 152. Provisions.

Agreements or compacts entered into pursuant to this chapter may include provisions for joint military action against a common enemy; for the protection of bridges, tunnels, ferries, pipelines, communication facilities, and other vital installations, plants, and facilities; for the military support of civil defense agencies; for the fresh pursuit, by the National Guard or other state military forces or any part of such forces, of a signatory into the jurisdiction of any other signatory, of persons acting or appearing to act in the interest of an enemy government, or seeking or appearing to seek to overthrow the government of the United States or of any signatory; for the powers, duties, rights, privileges, and immunities of the members of the National Guard or military forces of any signatory while so engaged outside their own jurisdictions; for other matters of a military nature, or incidental to matters of a military nature that the Governor deems necessary or proper to promote the health, safety, and welfare of the people of this State; for the allocation of all costs and expenses arising from the planning and operation of such agreements or compacts.

Amended 2021, No. 20 , § 129.

History

Source. 1957, No. 97 , § 2.

Amendments--2021. Section amended generally.

§ 153. Construction.

Nothing contained in sections 151 and 152 of this title shall be construed as a direct or indirect limitation of the power of the Governor to enter into, and to amend or supplement such compacts, with legal force and effect and without the legislative authorization expressed in this chapter.

Amended 2021, No. 20 , § 130.

History

Source. 1957, No. 97 , § 3.

Revision note. At the beginning of the section, inserted "of this title" following "sections 151 and 152" to conform reference to V.S.A. style.

Amendments--2021. Substituted "as a direct or indirect limitation" for "or interpreted as expressing a limitation, directly or indirectly"; and "in this chapter" for "herein."

§ 154. Pursuit by military forces of another state.

Any military forces or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are hereby authorized to arrest or capture such persons within this state while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other state while in this state shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful, and nothing contained in this section shall be deemed to repeal any of the provisions of the uniform act on the fresh pursuit of criminals.

History

Source. 1951, No. 175 , § 6.

Reference in text. The uniform act on the fresh pursuit of criminals, to which reference is made in the third sentence, is codified at §§ 5041-5045 of Title 13.

CHAPTER 7. EMERGENCY INTERIM SUCCESSION TO OFFICES

Sec.

History

1959, No. 13 , § 14, contained a severability provision applicable to this chapter.

Citation of chapter. 1959, No. 13 , § 1, provided: "This act shall be known and may be cited as the Civil Defense Emergency Interim Succession Acts of 1959."

Cross References

Cross references. Emergency management generally, see part 1 of this title.

§ 181. Statement of policy.

Because of the existing possibility of a catastrophic incident in the United States of unprecedented size and destructiveness, and in order, in the event of a catastrophic incident, to ensure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the State and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Governor; to provide for emergency interim succession to offices of this State in the event the incumbents of those offices, and their deputies, assistants, or other subordinate officers authorized, pursuant to law, to exercise the powers and discharge the duties of such offices (deputies) are unavailable to perform the duties and functions of such offices; and to provide for special emergency district judges who can exercise the powers and discharge the duties of such judges in the event regular judges are unavailable.

Added 1959, No. 13 , § 2, eff. March 4, 1959; amended 1965, No. 194 , § 10; 2007, No. 47 , § 17; 2021, No. 20 , § 131.

History

Amendments--2021. Substituted "ensure" for "assure" preceding "continuity"; "of those offices" for "thereof" following "the incumbents"; and deleted "hereinafter referred to as" preceding "deputies" within the parenthesis.

Amendments--2007 Substituted " a catastrophic incident in" for "attack upon" preceding "the United States" and "a catastrophic incident" for "such an attack" following "the event of" at the beginning of the section.

Amendments--1965. Substituted "district" for "municipal" preceding "judges who can exercise the powers".

Effective date of 1965 amendment. 1965, No. 194 , § 18, provided that the act was to become effective July 1, 1965, but that section 10 of the act, which amended this section, was not to become operative until February 1, 1967.

§ 182. Definitions.

Unless otherwise clearly required by the context, as used in this chapter:

  1. The term "unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his or her duly authorized deputy are unable to exercise the powers and discharge the duties of the office.
  2. The term "emergency interim successor" means a person designated pursuant to this chapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
  3. The term "office" includes all state and local offices, the powers and duties of which are defined by the constitution, statutes, charters, and ordinances, except the office of governor, and except those in the general assembly and the judiciary.
  4. The term "catastrophic incident" means any natural or manmade incident, including an incident of terrorism or a pandemic, which results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, or any governmental entity.
  5. The term "political subdivision" includes counties, cities, towns, villages, school districts, fire districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.

    Added 1959, No. 13 , § 3, eff. March 4, 1959; amended 2007, No. 47 , § 18.

History

Amendments--2007 Subdiv. (1): Added "or her" following "his"' and deleted "absent or" preceding "unable".

Subdiv. (4): Amended generally.

§ 183. Additional successor to office of governor.

In the event that there is a vacancy in both the offices of governor and lieutenant governor within the meaning of the constitution and the speaker of the house of representatives is unavailable, the president pro tempore of the senate, the secretary of state and the treasurer, shall, in the order named, act as governor until such vacancy is terminated, or until a governor is elected, or until such speaker or a preceding interim successor becomes available.

Added 1959, No. 13 , § 4, eff. March 4, 1959.

Cross References

Cross references. Filling of vacancies in offices of governor and lieutenant governor generally, see § 24 of chapter II of Vermont Constitution.

Training and compensation of interim successors, see § 191 of this title.

§ 184. Emergency interim successors for State offices.

All State officers, subject to such exceptions and rules as the Governor, or other official authorized under the Constitution and this chapter or other act to exercise the powers and discharge the duties of the office of, or to act as, Governor, may issue, shall, immediately after the date that they have been appointed and qualified, in addition to any deputy authorized pursuant to law, designate by title emergency interim successors and specify their order of succession. The officer shall, each year, review and revise, as necessary, designations made pursuant to this chapter to ensure his or her current status. Forthwith after such designations are made and after a revision of the designations, the officer shall file copies in the offices of both the Governor and the Secretary of State. The officer shall designate a sufficient number of such emergency interim successors so that, including deputies, there will be not less than five emergency interim successors. In the event that any State officer, or his or her deputy, is unavailable, the powers of the office shall be exercised and its duties shall be discharged by his or her designated emergency interim successors in the order specified. The emergency interim successors shall exercise the powers and discharge the duties only until such time as the Governor, or other official authorized under the Constitution and this chapter or other act to exercise the powers and discharge the duties of the office of, or to act as, Governor, shall, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer, or his or her deputy or a preceding named emergency interim successor, becomes available to resume the exercise of the powers and discharge the duties of his or her office.

Added 1959, No. 13 , § 5, eff. March 4, 1959; amended 2007, No. 47 , § 19; 2021, No. 20 , § 132.

History

2007. Substituted "his or her" for "their" preceding "current status" in the second sentence for grammatical purposes.

Editor's note. The date of approval of this chapter, to which reference is made in the first sentence, was March 4, 1959. The chapter became effective upon passage.

Amendments--2021. Section amended generally.

Amendments--2006 (Adj. Sess.). Added "or her" following "his" throughout the section, substituted "60" for "sixty" preceding "days after" in the first sentence, and "five" for "three" in the fourth sentence.

Cross References

Cross references. Adoption of rules generally, see 3 V.S.A. chapter 25.

Training and compensation of interim successors, see § 191 of this title.

§ 185. Emergency interim successors for local elected officers.

The elected officers of political subdivisions shall, immediately after the date that they shall have been appointed and qualified, designate by title, if feasible, or by named person, emergency interim successors and specify their order of succession. The officer shall, each year, review and revise, as necessary, designations made pursuant to this chapter to ensure their current status. The officer shall designate a sufficient number of persons so that, including deputies, there will be not less than three emergency interim successors. Promptly after the designations are made, and after a revision of the designations, copies shall be filed in the office of the county clerk. In the event that any officer of any political subdivision, or his or her deputy provided for pursuant to law, is unavailable, the powers of the office shall be exercised and duties shall be discharged by his or her designated emergency interim successors in the order specified. The emergency interim successors, in the order specified, shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy that exists is filled in accordance with the Constitution or statutes; or until the officer, or his or her deputy or a preceding emergency interim successor, again becomes available to exercise the powers and discharge the duties of his or her office.

Added 1959, No. 13 , § 6, eff. March 4, 1959; amended 2021, No. 20 , § 133.

History

Editor's note. The date of approval of this chapter, to which reference is made in the first sentence, was March 4, 1959. The chapter became effective upon passage.

Amendments--2021. Section amended generally.

Cross References

Cross references. Training and compensation of interim successors, see § 191 of this title.

§ 186. Emergency interim successors for local appointed officers.

The legislative branch of a municipal corporation, as defined in 24 V.S.A. § 1751 , shall, with the same effect as in section 185 of this title, designate emergency interim successors to any officer appointed by it, and likewise review and revise designations so made, as shall also the assistant judges of the superior court to any officer appointed by them. Copies of all such designations and revisions shall likewise be filed in the office of the county clerk.

Added 1959, No. 13 , § 7, eff. March 4, 1959; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court" in the first sentence.

Cross References

Cross references. County officers generally, see 24 V.S.A. chapter 5.

Municipal officers generally, see 24 V.S.A. chapter 33.

Training and compensation of interim successors, see § 191 of this title.

Village officers generally, see 24 V.S.A. chapter 39.

§ 187. Repealed. 2021, No. 65, § 6, effective June 7, 2021.

History

Former § 187. Former § 187, relating to special emergency judges, was derived from 1959, No. 13 , § 8 and amended by 1965, No. 194 , § 10.

§ 188. Formalities of taking office; bonds.

At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Certificates showing the taking of such oaths shall be filed in the office of the governor, except, in the case of interim successors authorized by sections 185 and 186 of this title, such certificates shall be filed in the office of the county clerk. An emergency interim successor, when the holder of the office to which he may succeed is required to give a bond for the faithful performance of the duties of the office, shall give a bond for the faithful performance of the duties of the office during the period that he shall exercise the powers and discharge the duties thereof and a special emergency judge shall give a bond for the faithful performance of the duties of the office of district judge during the period that he or she shall exercise the powers and discharge the duties thereof. Blanket bonds may be accepted when authorized for holders of offices. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he or she succeeds, shall be required to comply with any other provisions of law relative to taking office.

Added 1959, No. 13 , § 9, eff. March 13, 1959; amended 1965, No. 194 , § 10.

History

Amendments--1965. Substituted "district" for "municipal" preceding "judge" in the third sentence.

Effective and operative dates of 1965 amendment. 1965, No. 194 , § 18, provided that the act was to become effective July 1, 1965, but that section 10 of the act, which amended this section, was not to become operative until February 1, 1967.

Cross References

Cross references. Constitutional oath of office, see § 56 of chapter II of Vermont Constitution.

§ 189. Period in which authority may be exercised.

Officials authorized to act as Governor pursuant to this chapter, emergency interim successors, and special emergency judges shall be authorized to exercise the powers and discharge the duties of an office as authorized by this chapter only in the event that a catastrophic incident in the United States or Canada has occurred. The Governor by proclamation, or the General Assembly by concurrent resolution, may at any time terminate the authority of the emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office as provided by this chapter, subject to the filling of any vacancy or subject to the respective officers and judges becoming available.

Added 1959, No. 13 , § 10, eff. March 4, 1959; amended 2007, No. 47 , § 20; 2021, No. 20 , § 135.

History

Amendments--2021. Substituted "authorized by this chapter" for "herein authorized" in the first sentence; and "the emergency" for "said emergency" and "provided by this chapter" for "herein provided" in the second sentence.

Amendments--2007 Substituted "a catastrophic incident in" for "an attack upon" preceding "the United States" in the first sentence.

Cross References

Cross references. Successors to governor, state officials, local officials and judges, see §§ 183-187 of this title.

§ 190. Removal of designees.

Until such time as the provisions of section 189 of this title shall be applicable, persons designated as emergency interim successors or special emergency judges shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced at any time with or without cause.

Added 1959, No. 13 , § 11, eff. March 4, 1959.

§ 191. Training and compensation of interim successors.

Each officer, by or for whom interim successors are designated under the provisions of this chapter, shall, immediately after their designation, instruct his or her interim successors how to exercise the powers and discharge the duties of his or her office. Only while actually exercising the powers and discharging the duties of an office shall an interim successor receive any compensation, but while so doing shall receive the pro rata salary or other compensation, including perquisites, provided by law for the office.

Added 1959, No. 13 , § 12, eff. March 4, 1959.

History

Revision note. In the second sentence, substituted "perquisites" for "prerequisites" to correct a grammatical error.

§ 192. Disputes.

Any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government (except a dispute of fact relative to the office of governor) shall be adjudicated by the governor, (or other official authorized under the constitution and this chapter to exercise the powers and discharge the duties of the office of, or to act as, governor), and his or her decision shall be final.

Added 1959, No. 13 , § 13, eff. March 4, 1959; amended 2007, No. 47 , § 21.

History

Amendments--2007 Added "or her" following "and his".

CHAPTER 8. INTERNATIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT

Sec.

§ 201. International emergency management assistance compact; adoption.

The state of Vermont adopts the international emergency management assistance compact as provided in this chapter.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 202. Purpose and authorities - Article I.

  1. The International Emergency Management Assistance Memorandum of Understanding, hereinafter referred to as the "compact," is made and entered into by and among such of the jurisdictions as shall enact or adopt this compact, hereinafter referred to as "party jurisdictions." For the purposes of this agreement, the term "jurisdictions" may include any or all of the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut and the provinces of Quebec, New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland, and such other states and provinces as may hereafter become a party to this compact.
  2. The purpose of this compact is to provide for the possibility of mutual assistance among the jurisdictions entering into this compact in managing any emergency or disaster when the affected jurisdiction or jurisdictions ask for assistance, whether arising from natural disaster, technological hazard, manmade disaster, or civil emergency aspects of resource shortages.
  3. This compact also provides for the process of planning mechanisms among the agencies responsible and for mutual cooperation, including, if need be, emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party jurisdictions or subdivisions or party jurisdictions during emergencies, with such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of emergency forces by mutual agreement among party jurisdictions.

    Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 203. General implementation - Article II.

  1. Each party jurisdiction entering into this compact recognizes that many emergencies may exceed the capabilities of a party jurisdiction, and that intergovernmental cooperation is essential in such circumstances. Each jurisdiction further recognizes that there will be emergencies that may require immediate access and present procedures to apply outside recourses to make a prompt and effective response to such an emergency because few, if any, individual jurisdictions have all the resources they need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
  2. The prompt, full, and effective utilization of resources of the participating jurisdictions, including any resources on hand or available from any other source that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster, shall be the underlying principle on which all articles of this compact are understood.
  3. On behalf of the party jurisdictions participating in the compact, the legally designated official who is assigned responsibility for emergency management is responsible for formulation of the appropriate interjurisdictional mutual aid plans and procedures necessary to implement this compact, and for recommendations to the jurisdiction concerned with respect to the amendment of any statutes, regulations, or ordinances required for that purpose.

    Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 204. Party jurisdiction responsibilities - Article III.

  1. Formulate plans and programs.  It is the responsibility of each party jurisdiction to formulate procedural plans and programs for interjurisdictional cooperation in the performance of the responsibilities listed in this section. In formulating and implementing such plans and programs the party jurisdictions, to the extent practical, shall:
    1. Review individual jurisdictional hazards analyses that are available and, to the extent reasonably possible, determine all those potential emergencies the party jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, manmade disaster, or emergency aspects of resource shortages;
    2. Initiate a process to review party jurisdictions' individual emergency plans and develop a plan that will determine the mechanism for the interjurisdictional cooperation;
    3. Develop interjurisdictional procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;
    4. Assist in warning communities adjacent to or crossing jurisdictional boundaries;
    5. Protect and ensure delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services, and resources, both human and material to the extent authorized by law; and
    6. Inventory and agree upon procedures for the interjurisdictional loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
  2. Request assistance.  The authorized representative of a party jurisdiction may request assistance of another party jurisdiction by contacting the authorized representative of that jurisdiction. These provisions only apply to requests for assistance made by and to authorized representatives. Requests may be oral or in writing. If oral, the request must be confirmed in writing within 15 days of the oral request. Requests must provide the following information:
    1. A description of the emergency service function for which assistance is needed and of the mission or missions, including but not limited to fire services, emergency medical services, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;
    2. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed; and
    3. The specific place and time for staging of the assisting party's response and a point of contact at the location.
  3. Consultation among party jurisdiction officials.  There shall be frequent consultation among the party jurisdiction officials who have assigned emergency management responsibilities, such officials collectively known hereinafter as the International Emergency Management Group, and other appropriate representatives of the party jurisdictions with free exchange of information, plans, and resource records relating to emergency capabilities to the extent authorized by law.

    Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 205. Limitation - Article IV.

Any party jurisdiction requested to render mutual aid or conduct exercise and training for mutual aid shall undertake to respond as soon as possible, except that it is understood that the jurisdiction rendering aid may withhold or recall resources to the extent necessary to provide reasonable protection for that jurisdiction. Each party jurisdiction shall afford to the personnel of the emergency forces of any party jurisdiction, while operating within its jurisdictional limits under the terms and conditions of this compact and under the operational control of an officer of the requesting party, the same powers, duties, rights, privileges, and immunities as are afforded similar or like forces of the jurisdiction in which they are performing emergency services. Emergency forces continue under the command and control of their regular leaders, but the organizational units come under the operational control of the emergency services authorities of the jurisdiction receiving assistance. These conditions may be activated, as needed, by the jurisdiction that is to receive assistance or upon commencement of exercises or training for mutual aid and continue as long as the exercises or training for mutual aid are in progress, the emergency or disaster remains in effect, or loaned resources remain in the receiving jurisdiction or jurisdictions, whichever is longer. The receiving jurisdiction is responsible for informing the assisting jurisdictions of the specific moment when services will no longer be required.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 206. Licenses and permits - Article V.

Whenever a person holds a license, certificate, or other permit issued by any jurisdiction party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party jurisdiction, such person is deemed to be licensed, certified, or permitted by the jurisdiction requesting assistance to render aid involving such skill to meet an emergency or disaster, subject to such limitations and conditions as the requesting jurisdiction prescribes by executive order or otherwise.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 207. Liability - Article VI.

Any person or entity of a party jurisdiction rendering aid in another jurisdiction pursuant to this compact is considered an agent of the requesting jurisdiction for tort liability and immunity purposes. Any person or entity rendering aid in another jurisdiction pursuant to this compact is not liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article does not include willful misconduct, gross negligence, or recklessness.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 208. Supplementary agreements - Article VII.

Because it is probable that the pattern and detail of the machinery for mutual aid among two or more jurisdictions may differ from that among the jurisdictions that are party to this compact, this compact contains elements of a broad base common to all jurisdictions, and nothing in this compact precludes any jurisdiction from entering into supplementary agreements with another jurisdiction or affects any other agreements already in force among jurisdictions. Supplementary agreements may include but are not limited to provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, public utility, reconnaissance, welfare, transportation and communications personnel, equipment, and supplies.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 209. Workers' compensation and death benefits - Article VIII.

Each party jurisdiction shall provide in accordance with its own laws for the payment of workers' compensation and death benefits to injured members of the emergency forces of that jurisdiction and to representatives of deceased members of those forces if the members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within its own jurisdiction.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 210. Reimbursement - Article IX.

Any party jurisdiction rendering aid in another jurisdiction pursuant to this compact shall, if requested, be reimbursed by the party jurisdiction receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with those requests. An aiding party jurisdiction may assume in whole or in part any such loss, damage, expense, or other cost or may loan such equipment or donate such services to the receiving party jurisdiction without charge or cost. Any two or more party jurisdictions may enter into supplementary agreements establishing a different allocation of costs among those jurisdictions. Expenses under Article VIII of this compact are not reimbursable under this section.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 211. Evacuation - Article X.

Each party jurisdiction shall initiate a process to prepare and maintain plans to facilitate the movement of and reception of evacuees into its territory or across its territory, according to its capabilities and powers. The party jurisdiction from which the evacuees came shall assume the ultimate responsibility for the support of the evacuees, and after the termination of the emergency or disaster, for the repatriation of such evacuees.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 212. Implementation - Article XI.

  1. This compact is effective upon its execution or adoption by any two jurisdictions, and is effective as to any other jurisdiction upon its execution or adoption thereby, subject to approval or authorization by the U.S. Congress, if required, and subject to enactment of the provincial or state legislation that may be required for the effectiveness of the memorandum of understanding.
  2. Any party jurisdiction may withdraw from this compact, but the withdrawal does not take effect until 30 days after the governor or premier of the withdrawing jurisdiction has given notice in writing of such withdrawal to the governors or premiers of all other party jurisdictions. The action does not relieve the withdrawing jurisdiction from obligations assumed under this compact prior to the effective date of withdrawal.
  3. Duly authenticated copies of this compact in the French and English languages and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party jurisdictions.

    Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 213. Severability - Article XII.

This compact is construed to effectuate the purposes stated in Article I of this compact. If any provision of this compact is declared unconstitutional or the applicability of the compact to any person or circumstances is held invalid, the validity of the remainder of this compact and the applicability of the compact to other persons and circumstances are not affected.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 214. Inconsistency of language - Article XIII.

The validity of the arrangements and agreements consented to in this compact shall not be affected by any insubstantial difference in form or language as may be adopted by the various states and provinces.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

§ 215. Amendment - Article XIV.

This compact may be amended by agreement of the party jurisdictions.

Added 2003, No. 121 (Adj. Sess.), § 84, eff. June 8, 2004.

PART 2 National Guard

Cross References

Cross references. Emergency management generally, see chapter 1 of this title.

Militia of United States, see 10 U.S.C. § 311 et seq.

National guard generally, see 32 U.S.C. § 101 et seq.

Reserve components of armed forces of United States, see 10 U.S.C. § 261 et seq.

State guard, see part 3 of this title.

Veterans' affairs, part 4 of this title.

CHAPTER 21. GENERAL PROVISIONS

Sec.

Cross References

Cross references. Exemption of military from provisions of administrative procedure act, see 3 V.S.A. § 816.

Militia generally, see § 59 of chapter II of Vermont Constitution.

Organization of national guard generally, see 32 U.S.C. § 101 et seq.

Personnel of national guard generally, see 32 U.S.C. § 301 et seq.

§ 361. Military Department; National Guard.

  1. The Military Department, created by 3 V.S.A. § 212 , shall be administered by the Adjutant and Inspector General and shall include the National Guard and all military components of the State.
  2. The organized militia shall be known as the National Guard, and shall consist of the organizations and personnel of any arm, service, corps, or department that the federal government requires to be maintained in the State. The National Guard shall be organized in accordance with federal regulations and approved by the Governor. The Governor may alter, divide, annex, consolidate, disband, or reorganize the Vermont National Guard and create new organizations as necessary to ensure that the Vermont National Guard conforms to federal regulations and any system of drill, discipline, administration, and instruction prescribed for the U.S. Armed Forces.
  3. The Adjutant and Inspector General shall adopt all necessary rules for the government of the National Guard pursuant to this chapter.

    Amended 1959, No. 329 (Adj. Sess.), § 34, eff. March 1, 1961; 1973, No. 223 (Adj. Sess.), § 2, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 113; 2021, No. 10 , § 1.

History

Source. 1957, No. 29 . V.S. 1947, § 7161. 1947, No. 141 , § 1. P.L. § 8008. G.L. § 6019. 1917, No. 168 , § 5. P.S. § 5022. 1904, No. 113 , § 1. 1900, No. 69 , § 1. V.S. § 4372. 1888, No. 114 § 1. 1886, No. 106 . 1882, No. 30 , § 1. R.L. § 3750. 1876, No. 95 . 1872, No. 1 , §§ 4, 5, 6.

2011 Substituted "3 V.S.A. § 212" for "6 V.S.A. § 212" in subsec. (a) to correct an error in the reference.

Amendments--2021. Subsec. (b): Amended generally.

Subsec. (c): Substituted "Adjutant and Inspector General" for "Governor" and "chapter" for "section".

Amendments--2017 (Adj. Sess.) Subsec. (a): Substituted "Adjutant and Inspector General" for "Adjutant General".

Subsec. (b): Amended generally.

Amendments--1973 (Adj. Sess.). Subsec. (b): Rewrote the first sentence.

Amendments--1959 (Adj. Sess.). Designated the existing provisions of the section as subsec. (b) and added subsec. (a).

ANNOTATIONS

1. Authority of adjutant general.

The adjutant general had the inherent authority to enter into an agreement with the United States department of defense to allow employees of the Vermont military department whose salaries were paid in full by the United States government to participate in a group health and accident program in effect for department employees who received their compensation from the state so long as the contributions to the plan were solely that of the employee, thereby keeping the program within the definition of a "state-sponsored program" as provided in P.L. 87-224. 1964-66 Op. Atty. Gen. 52.

§ 362. Federal laws and regulations.

Matters relating to the organization, discipline, training, and government of the National Guard not otherwise provided for in this chapter and chapters 23 through 39 of this title, nor in the rules adopted by the Governor or Adjutant General, shall be decided by the federal laws and regulations prescribed for the National Guard and the U.S. Army or Air Force as applicable.

Amended 1963, No. 39 , § 1, eff. April 11, 1963; 2017, No. 113 (Adj. Sess.), § 114; 2021, No. 10 , § 2.

History

Source. V.S. 1947, § 7218. P.L. § 8065. G.L. § 6071. 1917, No. 168 , § 57. P.S. § 5084. 1904, No. 113 , § 4.

Amendments--2021. Inserted "and chapters 23 through 39 of this title" following "chapter"; deleted "general" preceding "rules" and inserted "adopted by the Governor or Adjutant General" thereafter.

Amendments--2017 (Adj. Sess.) Substituted "rules" for "regulations" following "the general", "U.S. Army" for "army", and "Navy as" for "navy of the United States as the case may be so far as the same are" preceding "applicable".

Amendments--1963. Inserted "air force" following "army".

Cross References

Cross references. Armed forces of the United States generally, see 10 U.S.C. § 101 et seq.

National guard generally, see 32 U.S.C. § 101 et seq.

§ 363. Officers generally.

    1. The General Assembly shall biennially elect an Adjutant and Inspector General for a term of two years. (a) (1)  The General Assembly shall biennially elect an Adjutant and Inspector General for a term of two years.
    2. An Adjutant and Inspector General appointed to fill a vacancy occurring during a term shall serve the remainder of the unexpired term.
  1. The Adjutant and Inspector General shall be granted the rank of a major general within the State.
    1. The Adjutant General may appoint a Deputy with the approval of the Governor. The Adjutant General may also appoint an Assistant Adjutant General for Army, an Assistant Adjutant General for Air, an Assistant Adjutant General for Joint Operations, a Command Sergeant Major, and a Command Chief Master Sergeant, without pay, with the approval of the Governor. (c) (1)  The Adjutant General may appoint a Deputy with the approval of the Governor. The Adjutant General may also appoint an Assistant Adjutant General for Army, an Assistant Adjutant General for Air, an Assistant Adjutant General for Joint Operations, a Command Sergeant Major, and a Command Chief Master Sergeant, without pay, with the approval of the Governor.
    2. The Adjutant and Inspector General may remove the appointed assistant adjutant generals and sergeants and shall be responsible for their acts.
    3. Upon appointment, each Assistant Adjutant General shall be a federally recognized officer of the National Guard of the rank of lieutenant colonel or above, and shall have a rank of colonel or brigadier general within the State, and the Command Sergeant Major shall be a federally recognized noncommissioned officer of the National Guard of the rank of master sergeant or first sergeant or above, and the Command Chief Master Sergeant shall be a federally recognized noncommissioned officer of the rank of senior master sergeant.
    4. The Deputy, assistants, and sergeants shall perform duties as the Adjutant and Inspector General shall direct.
    1. In the absence or disability of the Adjutant and Inspector General, the Deputy shall perform the duties of that office. (d) (1)  In the absence or disability of the Adjutant and Inspector General, the Deputy shall perform the duties of that office.
    2. In case a vacancy occurs in the office of Adjutant and Inspector General, the Deputy shall assume and discharge the duties of the office until the vacancy is filled.
  2. Appointments made pursuant to subsections (a) and (c) of this section shall be in writing and recorded in the Office of the Secretary of State.
  3. All other officers of the National Guard shall be chosen in accordance with rules adopted by the Adjutant and Inspector General consistent with the laws of this State and the United States.

    Amended 1959, No. 81 , eff. April 2, 1959; 1961, No. 2 eff. Feb. 16, 1961; 1965, No. 125 , § 19, eff. July 2, 1965; 2003, No. 5 , § 1; 2005, No. 67 , § 1; 2017, No. 113 (Adj. Sess.), § 115; 2021, No. 10 , § 3.

History

Source. 1955, No. 10 . V.S. 1947, § 7162. 1947, No. 141 , § 2. 1941, No. 178 , § 1. P.L. § 8009. 1925, No. 108 . 1919, No. 164 , § 1. G.L. § 6020. 1917, No. 168 , § 6. 1915, No. 1 , § 145. 1908, No. 124 , § 1. P.S. § 5025. 1900, No. 69 , § 2. V.S. § 4374. 1892, No. 77 . R.L. § 3752. 1872, No. 1 , § 7.

Amendments--2021 Section amended generally.

Amendments--2017 (Adj. Sess.) Substituted "The Adjutant General" for "Such officer" preceding "may appoint" in the second sentence, "Adjutant and Inspector General" for "adjutant general" preceding "may remove" in the third sentence, inserted "or above" following "or first sergeant" in the fourth sentence, and substituted "rules adopted by the Governor" for "such regulations as the governor may prescribe" preceding "consistent" in the last sentence.

Amendments--2005 Section amended generally.

Amendments--2003. Deleted "and he may appoint" following "appropriate rank", "and" following "for army", inserted "and an assistant adjutant general for joint operations" following "for air" and deleted "remove them at his pleasure, and" following "of the governor" in the second sentence; inserted "The adjutant general may remove the appointed assistant adjutant generals and shall" preceding "be responsible" in the third sentence; substituted "Upon appointment" for "Each" and deleted "upon appointment" following "shall be" in the fourth sentence; and substituted "the" for "such" throughout the section.

Amendments--1965. Deleted "and pay" following "deputy with appropriate rank" in the second sentence.

Amendments--1961. Rewrote the third sentence.

Amendments--1959. Rewrote the second sentence, added the third sentence and inserted "deputy and" preceding "assistant" and "the deputy" following "disability of such officer" in the fourth sentence.

Cross References

Cross references. Adjutant and inspector general, see chapter 23 of this title.

Federal recognition of officers, see 32 U.S.C. § 305 et seq.

Granting of discharges to officers, see § 365 of this title.

Quartermaster general, see chapter 25 of this title.

§ 364. Governor's staff officers.

The Governor may detail not more than five officers of the National Guard, Reserve Components of the U.S. Armed Forces, or retired officers of any branch of the U.S. Armed Forces who are residents of Vermont for duty on his or her staff. The appointed officers shall serve at his or her pleasure. Service on the Governor's staff shall not add to the actual grade of the appointed officers and shall not relieve them from their ordinary duties except when actually on duty with the Governor.

Amended 2021, No. 10 , § 4.

History

Source. V.S. 1947, § 7163. P.L. § 8010. 1925, No. 108 . 1919, No. 164 , § 1. G.L. § 6020. 1917, No. 168 , § 6. 1915, No. 1 , § 145. 1908, No. 124 , § 1. P.S. § 5025. 1900, No. 69 , § 2. V.S. § 4374. 1892, No. 77 . R.L. § 3752. 1872, No. 1 , § 7.

Amendments--2021. Section amended generally.

§ 365. Discharges to officers.

Discharges to commissioned officers may be granted by the Governor under rules adopted by the Adjutant and Inspector General.

Amended 2017, No. 113 (Adj. Sess.), § 116; 2021, No. 10 , § 5.

History

Source. V.S. 1947, § 7219. P.L. § 8066. G.L. § 6072. 1917, No. 168 , § 58. P.S. § 5085. V.S. § 4427. R.L. § 3780. 1872, No. 1 , § 25.

Amendments--2021. Substituted "Governor" for "Commander-in-Chief" preceding "under rules" and "Adjutant and Inspector General" for "Commander-in-Chief" following "by the".

Amendments--2017 (Adj. Sess.) Substituted "Commander-in-Chief under rules adopted by the Commander-in-Chief" for "commander in chief under such regulations as he or she prescribes".

Cross References

Cross references. Appointment and commissioning of officers generally, see § 363 of this title.

§ 366. Special duty.

When necessary for the military or public service, the Governor or designee may designate officers or enlisted personnel, or both, for the performance of special duty as required under the circumstances.

Amended 1999, No. 138 (Adj. Sess.), § 5; 2021, No. 10 , § 6.

History

Source. V.S. 1947, § 7202. P.L. § 8049. G.L. § 6059. 1917, No. 168 , § 45. 1910, No. 174 , § 3. 1908, No. 125 , §§ 1, 2. P.S. § 5069. 1904, No. 113 , § 2. 1900, No. 69 , § 8. V.S. § 4417. 1888, No. 114 , § 4. R.L. § 3770. 1878, No. 76 . 1872, No. 1 , § 23.

Revision note. Preceding "may designate", substituted "the commander in chief" for "he" for purposes of clarity.

Amendments--2021. Section amended generally.

Amendments--1999 (Adj. Sess.). Inserted "or designee" following "commander in chief" and substituted "enlisted personnel" for "enlisted men".

Cross References

Cross references. Furnishing of arms, equipment, pay, and rations when national guard ordered out under this section, see § 603 of this title.

§ 367. Costs; fines and forfeiture.

Costs incurred in a proceeding to enforce a penalty imposed pursuant to this chapter or chapters 23 to 39 of this title shall be paid by the State. Fines and forfeitures imposed pursuant to this chapter or chapters 23 to 39 of this title shall be paid into the State Treasury.

Amended 2021, No. 10 , § 7.

History

Source. V.S. 1947, § 7197. P.L. § 8044. G.L. § 6054. 1917, No. 168 , § 40. 1917, No. 254 , § 5924. P.S. §§ 5056, 5058, 5059. V.S. §§ 4406, 4408, 4409. 1882, No. 30 , § 2. R.L. §§ 3764, 3765. 1872, No. 1 , §§ 17, 18.

Amendments--2021. Substituted "pursuant to this chapter or chapters 23 to 39” for "by part 2” in two places.

§ 368. Activation or deployment of National or State Guard or reserve members; professions and occupations; State regulation.

Notwithstanding any provision of law to the contrary, a member of the National Guard, State Guard, or a reserve component of the U.S. Armed Forces, whose profession or occupation is regulated by an agency of the State and who holds a valid license, certification, or registration to practice that profession or occupation at the time of activation or deployment, shall be entitled to:

  1. an extension of the period of active licensure or certification through the duration of and up to 60 days following the person's return from activation or deployment, provided that maintenance of active licensure or certification is required by the military during the time of the activation or deployment. In order to qualify for the extension, the person shall:
    1. notify the agency of his or her activation or deployment at any time prior to the scheduled expiration of the current license or certification; and
    2. certify that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license or certification.
  2. a reasonable opportunity to meet the terms or conditions of licensure or certification following the person's return from activation or deployment if military service in any way interferes with a good faith effort to complete a term or condition of licensure, regardless of whether the military requires the person to maintain the license or certification during the time of activation or deployment.

    Added 2005, No. 131 (Adj. Sess.), § 1, eff. May 4, 2006; amended 2021, No. 10 , § 8.

History

Amendments--2021. Intro. para.: Inserted "a" preceding "reserve" and "of the U.S. Armed Forces," following "component".

Subdiv. (1): Substituted "the activation" for "such activation".

Effective date and applicability of enactment. 2005, No. 131 (Adj. Sess.), § 2 provides: "This act [which enacted this section] shall take effect upon passage [May 4, 2006] and shall apply to any person who meets the requirements of this act on July 1, 2005 and thereafter."

§ 369. Awards and medals.

Upon the approval of the Governor, the Adjutant and Inspector General may create and design awards and medals to recognize meritorious service or outstanding achievement for members of the Vermont National Guard. The Adjutant and Inspector General shall publish a roster of these awards and medals, the criteria and process for awarding them, and a description or specification of each award or medal. All awards and medals shall be presented in the name of the State of Vermont and be awarded to a member or retired member of the Vermont National Guard or if the member is deceased to the member's spouse, child, parent, sibling, or grandchild or, if none, to a person designated by the executor of the member's estate.

Added 2011, No. 149 (Adj. Sess.), § 2; amended 2021, No. 10 , § 9.

History

Amendments--2021. Deleted ", from time to time," preceding "create" and "such" preceding "awards" in the first sentence; substituted "shall publish" for "will cause to be published", "each" for "the", "or medal" for "and medals", and "shall" for "will" in the second sentence; and inserted "member's" preceding "estate" in the third sentence.

CHAPTER 23. ADJUTANT AND INSPECTOR GENERAL

Sec.

Cross References

Cross references. Appointment, powers and duties of adjutant general, see 32 U.S.C. § 314.

Armed forces of the United States, see 10 U.S.C. § 101 et seq.

Organization and officers of guard generally, see part 2 of this title.

Quartermaster general, see chapter 25 of this title.

§ 421. Duties generally.

The Adjutant and Inspector General shall issue, sign, and transmit the orders of the Governor, and the rules that may be established, and obey the orders from him or her as to carrying into execution the laws of the United States and of this State. He or she shall be charged with the correspondence between the Governor and officers of the several states and territories, the Secretary of Defense, and other persons in official stations, on the subject of military affairs, and shall keep a record of the correspondence.

Amended 1963, No. 39 , § 2, eff. April 11, 1963; 1973, No. 223 (Adj. Sess.), § 3, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 117; 2021, No. 10 , § 10.

History

Source. V.S. 1947, § 7164. P.L. § 8019. G.L. § 6029. 1917, No. 168 , § 15. P.S. § 5035. V.S. § 4384. R.L. § 3753. 1872, No. 1 , § 9.

Amendments--2021. Substituted "Governor" for "Commander-in-Chief" preceding ", and the rules" and "and officers", respectively, and "the" for "such" preceding "correspondence".

Amendments--2017 (Adj. Sess.) Substituted "rules that" for "regulations which" preceding "may be established" in the first sentence.

Amendments--1973 (Adj. Sess.). Deleted "the adjutant general of the army" following "secretary of defense" in the second sentence.

Amendments--1963. Substituted "secretary of defense" for "secretary of war" in the second sentence.

Cross References

Cross references. Designation of adjutant general as quartermaster general, see § 363 of this title.

Duties of quartermaster general, see § 481 of this title.

§ 422. Forms; return.

  1. The Adjutant and Inspector General shall prepare and provide at the expense of the State, or procure from the federal government, all necessary rosters and books of record and the blank forms for commissions, discharges, returns, and other papers required by law. The Adjutant and Inspector General shall distribute the rosters, books of record, and forms to the officers and organizations requiring them.
  2. He or she shall provide an account of the National Guard and its arms and equipment as required by the federal government or the Governor and transmit it to the proper officials.

    Amended 2021, No. 10 , § 11.

History

Source. V.S. 1947, § 7166. P.L. § 8021. G.L. § 6031. 1917, No. 168 , § 17. P.S. § 5037. V.S. § 4386. R.L. § 3753. 1872, No. 1 , § 9.

Amendments --Added the subsec. (a) and (b) designations and amended the section generally.

Cross References

Cross references. Supplying of national guard generally, see 32 U.S.C. § 701 et seq.

§ 423. Evidence of neglect or default in making returns.

When the Adjutant and Inspector General is complainant for neglect or other default in the submission of required reports and other documents, he or she shall not be required to be present, but his or her certificate shall be prima facie evidence that the required report or document was not properly submitted; and copies of records or papers in the office, duly certified and authenticated by him or her, shall be evidence in all cases as if the originals were produced.

Amended 2021, No. 10 , § 12.

History

Source. V.S. 1947, § 7167. 1947, No. 141 , § 3. P.L. § 8022. G.L. § 6032. 1917, No. 168 , § 18. P.S. § 5038. V.S. § 4387. R.L. § 3753. 1872, No. 1 , § 9.

Amendments--2021. Substituted "the submission of required reports and other documents" for "making returns", "required report or document" for "return", and "properly submitted" for "made".

§ 424. Publication of laws.

The Adjutant and Inspector General shall, at the expense of the State, distribute to and inform every general, field, staff, and commanding officer of the laws related to the National Guard.

Amended 2021, No. 10 , § 13.

History

Source. V.S. 1947, § 7167. 1947, No. 141 , § 3. P.L. § 8022. G.L. § 6032. 1917, No. 168 , § 18. P.S. § 5038. V.S. § 4387. R.L. § 3753. 1872, No. 1 , § 9.

Amendments--2021. Substituted ", at the expense of the State, distribute to and inform every general, field, staff and commanding officer of" for "cause" and "related" for "relative", and deleted "to be published and distributed, from time to time, to every general, field, staff and commanding officer, at the expense of the state".

§ 425. Records.

The Adjutant and Inspector General shall keep all records required for the administration of the National Guard.

Amended 1973, No. 233 (Adj. Sess.), § 4, eff. April 4, 1974; 2021, No. 10 , § 14.

History

Source. V.S. 1947, § 7165. P.L. § 8020. G.L. § 6030. 1917, No. 168 , § 16. P.S. § 5036. V.S. § 4385. R.L. § 3753. 1872, No. 1 , § 9.

Amendments--2021. Substituted "all" for "such" preceding "records" and deleted "as are” thereafter.

Amendments--1973 (Adj. Sess.). Section amended generally.

§ 426. War records and files.

Records and files pertaining to all wars in which the State has participated and rosters of Vermonters participating in wars shall be kept in the office of the Adjutant and Inspector General or in the State Archives as provided pursuant to 3 V.S.A. § 218 .

Amended 1973, No. 223 (Adj. Sess.), § 5, eff. April 4, 1974; 2021, No. 10 , § 15.

History

Source. V.S. 1947, § 7168. P.L. § 8023. G.L. § 6033. 1917, No. 168 , § 19. P.S. § 5039. V.S. § 4388. R.L. § 3754. 1866, No. 62 , § 2.

Amendments--2021. Section amended generally.

Amendments--1973 (Adj. Sess.). Inserted "or in the state archives" following "such office" in the first sentence and added the second sentence.

§ 427. Sexual assault and harassment; report.

  1. Notwithstanding 2 V.S.A. § 20(d) , the Adjutant and Inspector General shall report to the General Assembly on or before January 15 of each year regarding complaints of sexual assault and harassment involving members of the Vermont National Guard.
  2. The report shall contain:
    1. the number of complaints made in the prior federal fiscal year of sexual assault or harassment and of discrimination based on sexual orientation committed by or against members of the Vermont National Guard while in military status or under the jurisdiction of the Vermont National Guard;
    2. the number of restricted reports of sexual assault, unrestricted reports of sexual assault, reports of sexual harassment, and of discrimination and a summary of the resolution of each case and the status of any action taken in each case;
    3. a summary of the current policies, procedures, and processes regarding the incidence of sexual assault, sexual harassment, or discrimination, and any changes made by the Guard since the prior report;
    4. all information provided to the Vermont National Guard by the Department of Defense regarding sexual assault, sexual harassment, and discrimination involving Vermont National Guard members when the Guard is federalized; and
    5. a report on the number of line of duty determinations initiated during the prior fiscal year arising from a claim of sexual assault, sexual harassment, or discrimination, and the number of individuals referred to outside agencies.
  3. The report shall not reveal the name of any individual.

    Added 2013, No. 53 , § 1, eff. May 29, 2013; amended 2021, No. 10 , § 16.

History

Amendments--2021. Subsec. (a): Deleted "make a" preceding "report" and substituted "or before January 15 of each year" for "January 15, 2014 and annually thereafter".

§ 428. Provost marshal.

  1. Appointment; qualifications.
    1. The Adjutant and Inspector General may:
      1. appoint to serve as provost marshal an officer who holds the rank of major (O-4) or below and is certified as a Level III law enforcement officer by the Vermont Criminal Justice Council; and
      2. appoint to serve as assistant provost marshal a noncommissioned officer who holds the rank of first sergeant (E-8) or below and is certified as a Level III law enforcement officer by the Vermont Criminal Justice Council.
    2. The provost marshal and the assistant provost marshal shall serve at the pleasure of the Adjutant and Inspector General.
  2. Duties.  The provost marshal shall report directly to the Adjutant and Inspector General and shall have the following duties:
    1. Serve as the primary liaison between the Vermont National Guard and federal, State, and local law enforcement agencies, including:
      1. reporting and documenting criminal activity identified within the Guard;
      2. providing assistance to federal, State, and local law enforcement;
      3. overseeing the use of National Guard personnel and resources to assist civil authorities in relation to disasters, special events, and other similar activities; and
      4. coordinating with State's Attorneys and the Attorney General in cases related to members of the Vermont National Guard.
    2. Supervise the Vermont National Guard's utilization of the National Crime Information Center and the Vermont Crime Information Center.
    3. Oversee security-related issues, including:
      1. monitoring local and State threats and anti-terrorism efforts;
      2. coordinating with relevant agencies in relation to the security of high-risk personnel;
      3. cooperating with the Director of Military Support and other relevant federal agencies in anti-terrorism efforts and critical infrastructure protection in relation to domestic emergencies; and
      4. providing information to the Director of Military Support in relation to addressing criminal threats, handling of sensitive information, and information sharing with civilian law enforcement agencies.
    4. Respond to allegations of sexual assault within the Vermont National Guard, including:
      1. reporting and documenting allegations of sexual assault within the Guard;
      2. coordinating and communicating with the Vermont National Guard Sexual Assault Response Coordinator as appropriate;
      3. coordinating and communicating with federal, State, and local law enforcement in relation to allegations of sexual assault by a member of the Vermont National Guard; and
      4. coordinating with State's Attorneys and the Attorney General in cases related to an alleged sexual assault by a member of the Vermont National Guard.
  3. Powers.  The provost marshal and the assistant provost marshal shall have the same powers and immunities as those conferred on the State Police by section 1914 of this title. The powers granted to the provost marshal and the assistant provost marshal under this section may be exercised statewide with respect to criminal activity in the National Guard only. Nothing in this subsection shall be construed to prevent an individual serving as the provost marshal or assistant provost marshal from working as an officer in another law enforcement agency or from exercising the law enforcement authority granted to officers working in that agency.

    Added 2019, No. 130 (Adj. Sess.), § 1.

History

2020. In subdiv. (a)(1), substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

CHAPTER 25. QUARTERMASTER GENERAL

Sec.

Cross References

Cross references. Adjutant and inspector general, see chapter 23 of this title.

Appointment, powers and duties of property and fiscal officers generally, see 32 U.S.C. § 706.

Board of armory commissioners, see chapter 27 of this title.

Organization and officers of national guard generally, see part 2 of this title.

Supplying of national guard generally, see 32 U.S.C. § 701 et seq.

§ 481. Duties generally.

  1. The Adjutant and Inspector General shall keep in good repair, and attend to the preservation, safekeeping, and cleaning of the ordnance, arms, accoutrements, ammunition, munitions of war, and implements of every description, whether the property of the State or issued to the State by the federal government, and shall have the control and disposition of it for that purpose, subject to the orders of the Governor.
  2. The Adjutant and Inspector General shall make provisions for the care and preservation of the buildings and grounds used in connection with the National Guard.

    Amended 2021, No. 10 , § 17.

History

Source. V.S. 1947, § 7177. 1947, No. 141 , § 4. P.L. § 8025. G.L. § 6035. 1917, No. 168 , § 21. 1912, No. 191 , §§ 1, 2. P.S. § 5041. V.S. § 4390. R.L. § 3756. 1876, No. 32 . 1872, No. 1 , § 10.

Amendments--2021. Added the subsec. (a) and (b) designations and amended the section generally.

Cross References

Cross references. Designation of adjutant general as quartermaster general, see § 363 of this title.

Duties of adjutant general, see § 421 of this title.

§ 482. Repealed. 2021, No. 10, § 18.

History

Former § 482. Former § 482, relating to bonds, was derived from V.S. 1947, § 7180; 1947, No. 141 , § 5; P.L. § 8028; G.L. § 6038; 1917, No. 168 , § 24; P.S. § 5044; 1900, No. 69 , § 4; V.S. § 4393; R.L. § 3756; 1876, No. 32 ; and 1872, No. 1 , § 10. This section was repealed effective July 1, 2021.

§ 483. Instructions to commanding officers.

The Adjutant and Inspector General shall give instructions to the commanding officers of the separate units of the National Guard as necessary for the discharge of the duties of the unit and the Military Department under this chapter.

Amended 2017, No. 113 (Adj. Sess.), § 318; 2021, No. 10 , § 19.

History

Source. V.S. 1947, § 7180. 1947, No. 141 , § 5. P.L. § 8028. G.L. § 6038. 1917, No. 168 , § 24. P.S. § 5044. 1900, No. 69 , § 4. V.S. § 4393. R.L. § 3756. 1876, No. 32 . 1872, No. 1 , § 10.

Amendments--2021. Substituted "Adjutant and Inspector General" for "quartermaster general'; substituted "shall give instructions" for ", from time to time, shall give such instructions", deleted "are" preceding "necessary", and substituted "the unit and the Military Department under this chapter" for "his or her department".

§§ 484, 485. Repealed. 1963, No. 39, § 5, eff. April 11, 1963.

History

Former §§ 484, 485. Former § 484, relating to accounts and auditors' duties, was derived from V.S. 1947, § 7179; P.L. § 8027; G.L. § 6037; 1917, No. 168 , § 23; P.S. § 5043; V.S. § 4392; R.L. § 3756; 1876, No. 32 ; 1872, No. 1 , § 10.

Former § 485, relating to requisition on auditor of accounts, was derived from V.S. 1947, § 7182; P.L. § 8030; G.L. § 6041; 1917, No. 168 , § 27; 1910, No. 174 , § 2; P.S. §§ 5047, 5088; R. 1906, § 4937; 1904, No. 113 , § 3; 1900, No. 69 , §§ 5, 9; V.S. §§ 4396, 4430; R.L. §§ 3757, 3783; 1872, No. 1 , §§ 30, 31.

§ 486. Provision for pay.

The Adjutant and Inspector General shall provide for the pay of each officer and enlisted Guard member for duty performed and authorized in accordance with chapters 21-39 of this title. The Adjutant and Inspector General shall adopt rules to carry out the provisions of this section.

Amended 2017, No. 113 (Adj. Sess.), § 118; 2021, No. 10 , § 20.

History

Source. V.S. 1947, § 7181. 1947, No. 141 , § 6. P.L. § 8029. G.L. § 6041. 1917, No. 168 , § 27. 1910, No. 174 , § 2. P.S. §§ 5047, 5088. R. 1906, § 4937. 1904, No. 113 , § 3. 1900, No. 69 , §§ 5, 9. V.S. §§ 4396, 4430. R.L. §§ 3757, 3783. 1872, No. 1 , §§ 30, 31.

Amendments--2021. Substituted "Adjutant and Inspector General” for "Quartermaster General” and "chapters 21-39” for "part 2”; deleted ", under rules adopted by the Commander-in-Chief” following "title” and added the second sentence.

Amendments--2017 (Adj. Sess.) Substituted "Guard member" for "man" following "enlisted", "in accordance with" for "by" preceding "part 2", deleted "in accordance with the provisions of the same" following "title", and substituted "rules adopted" for "regulations prescribed" following "under".

Cross References

Cross references. Personnel matter relating to national guard generally, see 32 U.S.C. § 301 et seq.

§ 487. Repealed. 2009, No. 33, § 83(i)(2).

History

Former § 487. Former § 487, relating to report of the quartermaster general concerning the disposition of the ordnance, arms, ammunition, and other property belonging to the department, was derived from V.S. 1947, § 7178; P.L. § 8026; G.L. § 6036; 1917, No. 168 , § 22; 1915, No. 1 , § 146; P.S. § 5042; V.S. § 4391; R.L. § 3756; 1876, No. 32 ; 1872, No. 1 , § 10.

CHAPTER 27. BOARD OF ARMORY COMMISSIONERS

Sec.

Cross References

Cross references. Adjutant and inspector general, see chapter 23 of this title.

Maintenance of supplies and equipment of national guard, see chapter 25 of this title.

§ 541. Board of Armory Commissioners; members.

The Governor, the Adjutant and Inspector General, and the senior commander of the Vermont Army National Guard shall, ex officio, constitute the Board of Armory Commissioners. The Governor shall be the Chair of the Board and the Adjutant and Inspector General shall be the Secretary.

Amended 2021, No. 10 , § 21.

History

Source. 1955, No. 85 , § 8. V.S. 1947, § 7183. 1947, No. 141 , § 7. P.L. § 8031. G.L. § 6043. 1917, No. 168 , § 29. 1910, No. 172 , § 1.

Amendments--2021. Section amended generally.

§ 542. Acquisition, maintenance, and disposal of property for National Guard use.

In the name of the State, the Board shall be responsible for the real estate and personal property of the National Guard. The Board may acquire or purchase, maintain, and dispose of by sale or otherwise real estate and personal property. Upon determination by the Board that real estate is to be disposed of, the disposal shall be at fair market value, and the proceeds shall be allocated to future capital construction acts.

Amended 1969, No. 261 (Adj. Sess.), § 5, eff. April 7, 1970; 1973, No. 223 (Adj. Sess.), § 6, eff. April 4, 1974; 2007, No. 200 (Adj. Sess.), § 51, eff. June 9, 2008; 2013, No. 51 , § 44, eff. May 29, 2013; 2021, No. 10 , § 22.

History

Source. 1955, No. 85 , § 9. V.S. 1947, § 7184. P.L. § 8032. 1921, No. 177 , § 1. G.L. § 6044. 1917, No. 168 , § 30. 1912, No. 192 . 1910, No. 172 , § 2.

Amendments--2021. Deleted "the" preceding "National" in the section heading and "and" preceding "maintain" in the second sentence, and inserted "the" preceding "proceeds" in the third sentence.

Amendments--2013 Substituted "construction acts" for "appropriations" in the third sentence.

Amendments--2007 (Adj. Sess.). Added the third sentence.

Amendments--1973 (Adj. Sess.). Section amended generally.

Amendments--1969 (Adj. Sess.). Deleted "provided that each town in which one of the armories is located, contributes, by subscription or otherwise the site for the same or its equivalent" following "armories".

Cross References

Cross references. State buildings generally, see 29 V.S.A. chapter 5.

§ 543. Location; plan of construction; contracts.

The Board may determine the location of armories and their plan of construction and may make all contracts necessary for the purchase, erection, and maintenance of the armories of the National Guard.

Amended 2021, No. 10 , § 23.

History

Source. V.S. 1947, § 7185. P.L. § 8033. G.L. § 6045. 1917, No. 168 , § 31. 1910, No. 172 , § 3.

Editor's note. This section appears to be obsolete in view of the wording of section 542 of this title, as amended.

Amendments--2021. Section amended generally.

ANNOTATIONS

1. Generally.

The power to the plan the location, construction, erection and maintenance of armories is reposed in the board of armory commissioners rather than the state building council (now state building's department). 1954-56 Op. Atty. Gen. 272.

§ 544. Issuance of warrants.

Upon request of the Board, the Commissioner of Finance and Management shall issue warrants for sums as necessary to carry out the provisions of sections 541 and 543 of this chapter, subject to the limitations set forth in section 542 of this chapter.

Added 1959, No. 328 (Adj. Sess.), § 8; amended 1963, No. 39 , § 6, eff. April 11, 1963; 1983, No. 195 (Adj. Sess.), § 5(b); 2021, No. 10 , § 24.

History

Source. V.S. 1947, § 7186. P.L. § 8034. G.L. § 6045. 1917, No. 168 , § 31. 1910, No. 172 , § 3.

Revision note. At the beginning of the section, substituted "finance director" for "auditor of accounts" pursuant to 1959, No. 328 (Adj. Sess.), § 8.

At the beginning of the section substituted "commissioner of finance" for "finance director" pursuant to 1971, No. 92 .

At the beginning of the section, substituted "commissioner of finance and management" for "commissioner of finance and information support" in light of Executive Order No. 35, which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of that entity to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35, see chapter 1 of Title 3 Appendix.

Amendments--2021. Substituted "request" for "requisition" and "the Board" for "such board"; deleted "his or her" preceding "warrants" and "such" preceding "sums"; substituted "chapter" for "title" in two places and "set forth" for "prescribed" following "limitations”.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance".

Amendments--1963. Substituted "sections 541 and 543" for "sections 541-543".

§ 545. Use of armories; rules.

  1. The Board shall adopt rules governing the use and occupancy of the National Guard's armories and property, which shall be posted in a conspicuous location in the National Guard's buildings. A member of the National Guard who violates the rules shall be deemed guilty of a military offense, punishable as a court-martial shall direct pursuant to the provisions of sections 941 and 942 of this title.
  2. Fees collected under this section for rental of armories shall be credited to the Armory Rentals Special Fund and shall be available to the Military Department to offset the cost of providing the services.

    Amended 1999, No. 49 , § 212; 2017, No. 113 (Adj. Sess.), § 119; 2021, No. 10 , § 25.

History

Source. V.S. 1947, § 7187. P.L. § 8035. G.L. § 6046. 1917, No. 168 , § 32. 1910, No. 172 , § 4.

Editor's note. The language of this section pertaining to punishment of violations of rules and regulations by court-martial pursuant to the provisions of sections 941 and 942 of this title may no longer be appropriate in view of the extensive revisions of those sections and the remainder of chapter 39 of this title and in view of the provisions of the Uniform Code of Military Justice (10 U.S.C. § 801 et seq.), which also applies to the discipline of the national guard. See § 945 of this title.

Amendments--2021. Subsec. (a): Substituted "adopt" for "establish"; inserted "National Guard's" preceding "armories" and "buildings", respectively; substituted "which" for "and" and "be posted in a conspicuous location" for "cause the same to be posted conspicuously".

Subsec. (b): Substituted "the Armory Rentals Special Fund" for "a special fund" and inserted "Military” preceding "Department”.

Amendments--2017 (Adj. Sess.) Section heading: Deleted "Regulations as to" preceding "use" and added "; rules" following "armories".

Subsec. (a): Substituted "the" for "such" wherever it appeared throughout, deleted "and regulations" preceding "governing" in the first sentence, and substituted "the rules" for "rule or regulation" following "who violates" and "pursuant" for "agreeably" following "shall direct," in the second sentence.

Amendments--1999. Designated the existing provisions as subsec. (a) and added subsec. (b).

Cross References

Cross references. Adoption of rules generally, see 3 V.S.A. chapter 25.

Conduct of courts-martial generally, see 32 U.S.C. § 326 et seq.

Uniform Code of Military Justice, see 10 U.S.C. § 801 et seq.

CHAPTER 29. CALLING OUT THE NATIONAL GUARD

Cross References

Cross references. Active duty of national guard generally, see 10 U.S.C. § 671 et seq.

Emergency management generally, see part 1 of this title.

Training of national guard generally, see 32 U.S.C. § 501 et seq.

Subchapter 1. State Service

§ 601. When and by whom National Guard called out.

  1. The Governor or, in his or her absence, the Lieutenant Governor, or, in the absence of both, the Adjutant and Inspector General, in case of riot, rebellion, or insurrection within the State, or in case of great opposition to the service of legal process, whether civil or criminal, or in case of invasion or imminent danger of invasion, or in case of disaster, or emergency proclaimed by the Governor, may call out the National Guard, or such parts of the National Guard as he or she deems necessary, and may order this force into camp for instruction and drill.
  2. Until discharged by order of the Governor, the force shall be subject to his or her order and shall be governed by the regulations adopted for the U.S. Army and Air Force.
  3. The Governor may order the National Guard into camp for instruction and drill when, in his or her judgment, the interests of the State require.

    Amended 1969, No. 261 (Adj. Sess.), § 1, eff. April 7, 1970; 1973, No. 223 (Adj. Sess.), § 7, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 120; 2021, No. 10 , § 26.

History

Source. V.S. 1947, § 7203. P.L. § 8050. G.L. § 6060. 1917, No. 168 , § 46. P.S. § 5070. V.S. § 4418. R.L. § 3771. 1872, No. 1 , § 24. G.S. 12, § 12. R.S. 11, § 12. R. 1797, p. 137, § 7. R. 1787, p. 139.

Amendments--2021. Subsec. (a): Substituted "Governor" for "Commander-in-Chief" and "of invasion" for "thereof".

Subsec. (b): Substituted "Governor" for "Commander-in-Chief", "adopted" for "prescribed" and "and Air Force" for "; and the Commander-in-Chief".

Subsec. (c): Inserted "The Governor" preceding "may" and substituted "National Guard" for "same".

Amendments--2017 (Adj. Sess.) In the first sentence, inserted "or her" following "his" and substituted "of the National Guard" for "thereof" preceding "he or she deems" and "this" for "such" preceding "force into camp". In the second sentence, substituted ", the" for "such" preceding "force shall" and "U.S. Army" for "army of the United States" following "prescribed for the".

Amendments--1973 (Adj. Sess.). Inserted "or emergency proclaimed by the governor" following "in case of disaster" in the first sentence.

Amendments--1969 (Adj. Sess.). Inserted "or in case of disaster" following "invasion or imminent danger thereof" in the first sentence.

§ 602. Repealed. 2021, No. 10, § 27.

History

Former § 602. Former § 602, relating to additional force, was derived from V.S. 1947, § 7204; 1947, No. 141 , § 10; P.L. § 8051; G.L. § 6061; 1917, No. 168 , § 47; P.S. § 5071; V.S. § 4419; R.L. § 3772; and 1872, No. 1 , § 24. This section was repealed effective July 1, 2021.

§ 603. Arms and equipment; pay and rations.

When the National Guard, or a part of it, is ordered out pursuant to section 366 or 601 of this title, the State shall furnish arms and equipment necessary for each officer, warrant officer, and enlisted person, and they shall be entitled to pay, subsistence, and quarters allowance equivalent to that paid to members of the U.S. Armed Forces for officers, warrant officers, and enlisted persons of corresponding grade and time in service as designated in the U.S. Armed Forces pay tables.

Amended 1961, No. 8 , eff. March 3, 1961; 1971, No. 163 (Adj. Sess.), eff. March 21, 1972; 1977, No. 35 ; 2007, No. 45 , § 1; 2011, No. 149 (Adj. Sess.), § 3; 2021, No. 10 , § 28.

History

Source. V.S. 1947, § 7204. 1947, No. 141 , § 10. P.L. § 8051. G.L. § 6061. 1917, No. 168 , § 47. P.S. § 5071. V.S. § 4419. R.L. § 3772. 1872, No. 1 , § 24.

Amendments--2021. Section amended generally.

Amendments--2011 (Adj. Sess.). Substituted "shall be entitled to pay, subsistence, and quarters allowance" for "shall be entitled to pay and rations".

Amendments--2007 Amended generally.

Amendments--1977. Substituted "$28.00" for "$18.00" preceding "per day".

Amendments--1971 (Adj. Sess.). Substituted "officer, warrant officer and enlisted man" for "non-commissioned officer and private" following "necessary for each" and added "provided, however, that no member shall be paid less than $18.00 per day" following "prescribes".

Amendments--1961. Inserted "366" preceding "601 or 602 of this title".

§ 604. Failure of member of National Guard to report.

When ordered out, a member of the National Guard who does not appear at the time and place designated shall be taken to be absent without leave and be dealt with as in State active duty status.

Amended 1973, No. 223 (Adj. Sess.), § 8, eff. April 4, 1974; 2021, No. 10 , § 29.

History

Source. V.S. 1947, § 7205. P.L. § 8052. G.L. § 6063. 1917, No. 168 , § 49. P.S. § 5073. V.S. § 4421. R.L. § 3774. 1872, No. 1 , § 24.

Revision note. Following "designated", deleted a comma for purposes of clarity.

Amendments--2021. Substituted "State active duty status” for "actual service”.

Amendments--1973 (Adj. Sess.). Substituted "a member of the national guard" for "an enlisted man" following "ordered out".

Cross References

Cross references. Uniform Code of Military Justice, see 10 U.S.C. § 801 et seq.

§ 605. Repealed. 1973, No. 223 (Adj. Sess.), § 17, eff. April 4, 1974.

History

Former § 605. Former § 605, relating to the provision of subsistence and transportation for national guardsman, called to duty, was derived from V.S. 1947, § 7206; P.L. § 8053; G.L. § 6064; 1917, No. 168 , § 50; P.S. § 5074; V.S. § 4422; R.L. § 3775; and 1872, No. 1 , § 24.

§ 606. Control of National Guard assisting civil officer.

When a portion of the National Guard is called out to assist a civil officer in the service of legal process, it shall be under the immediate command of the National Guard member of the highest rank who is present. The National Guard member in command shall act under and be subject to the general direction of the civil officer.

Amended 2021, No. 10 , § 30.

History

Source. V.S. 1947, § 7207. P.L. § 8054. G.L. § 6065. 1917, No. 168 , § 51. P.S. § 5075. V.S. § 4423. R.L. § 3776. G.S. 12, § 14. R.S. 11, § 14. R. 1797, p. 137, § 7. R. 1787, p. 139.

Amendments--2021. Section amended generally.

§ 607. State active duty death benefit.

There is established a death benefit in the amount of $50,000.00 for each Vermont National Guard member who dies while on State active duty or as the result of injuries incurred while on State active duty, provided the death or the injuries that result in death resulted from performing State active duty or from engaging in conduct related to State active duty.

Added 2007, No. 45 , § 2; amended 2021, No. 10 , § 31.

History

Amendments--2021. Deleted "activated” following "each”.

§ 608. Civilian leave option.

If any member of the Vermont National Guard is ordered to State active duty by the Governor, the service member shall have the right to take leave without pay from his or her civilian employment and shall be entitled to the protections and rights provided pursuant to 21 V.S.A. § 491 . No member of the National Guard shall be required to use or exhaust his or her vacation or other accrued leave from his or her civilian employment for a period of active service.

Added 2011, No. 149 (Adj. Sess.), § 4; amended 2021, No. 10 , § 32.

History

Amendments--2021. Inserted "and shall be entitled to the protections and rights provided pursuant to 21 V.S.A. § 491" following "employment" in the first sentence.

§ 609. Stay of legal proceedings because of service in National Guard.

    1. If a member of the Vermont National Guard who is ordered to State active duty by the Governor is a party to a civil or administrative proceeding in any Vermont court, the proceeding: (a) (1)  If a member of the Vermont National Guard who is ordered to State active duty by the Governor is a party to a civil or administrative proceeding in any Vermont court, the proceeding:
      1. may be stayed by the court on its own motion; or
      2. shall be stayed by application of the member or person acting on behalf of the member, unless the court finds that the proceeding would not be materially affected by reason of the member's absence or that the member can participate by telephone or other electronic means.
    2. A motion for a stay under this subsection may be filed or the court may issue a stay at any time during the period of State active duty. Any stay issued shall not remain in effect for more than 30 days after the completion of State active duty.
  1. An application for a stay pursuant to subdivision (a)(1)(B) of this section shall include a letter or other communication from the member or a person on his or her behalf setting forth facts stating the manner in which the member's duty requirements materially affect the member's ability to appear and stating a date when the member is expected to be available to appear, together with any necessary information from the member's commanding officer.
    1. This section shall not apply to: (c) (1)  This section shall not apply to:
      1. proceedings involving relief from abuse orders under 15 V.S.A. chapter 21, subchapter 1;
      2. proceedings involving orders against stalking or sexual assault under 12 V.S.A. chapter 178;
      3. proceedings involving abuse prevention orders for vulnerable adults under 33 V.S.A. chapter 69, subchapter 1; or
      4. civil operator's license suspension proceedings under 23 V.S.A. § 1205 .
    2. If a service member is unable to appear at a hearing due to responsibilities related to State active duty service, the court may issue interim or ex parte orders in proceedings identified in subdivision (1)(A), (B), or (C) of this subsection, and the Department of Motor Vehicles may suspend a civil operator's license. If the court issued any order while the member was on State active duty, upon the member's return, he or she shall, upon request, be entitled to a hearing and the opportunity to move to strike or modify the order or suspension issued in his or her absence. If the civil operator's license is reinstated, there shall be no reinstatement fee.

      Added 2011, No. 149 (Adj. Sess.), § 5; amended 2021, No. 10 , § 33.

History

Amendments--2021. Subdiv. (a)(1): Deleted "service" preceding "member".

Subdiv. (a)(2): Deleted "such" following "issue"; and substituted "State active duty" for "active service".

Subsec. (b): Inserted "necessary" preceding "information".

Subchapter 2. Federal Service

§ 641. When and by whom called out.

Upon the request of the President of the United States, and in case of war or invasion, or to prevent insurrection or invasion, the Governor may call out as many of the Vermont National Guard as the circumstances require. The National Guard, when ordered to prepare for actual service, shall be administered and trained according to the laws of this State and of the United States. On the termination of the emergency, all persons discharged from the military service who were, upon draft into federal service, members of the Vermont National Guard shall resume their membership in the Vermont National Guard, and shall continue to serve in the Vermont National Guard until the dates upon which their enlistments prior to their draft would have expired if uninterrupted.

Amended 1973, No. 223 (Adj. Sess.), § 9, eff. April 4, 1974; 2021, No. 10 , § 34.

History

Source. V.S. 1947, § 7208. 1947, No. 141 , § 11. P.L. § 8055. 1921, No. 178 . G.L. § 6066. 1917, No. 168 , § 52. P.S. § 5076. V.S. § 4424. R.L. § 3777. 1872, No. 1 , § 26.

Amendments--2021. Section amended generally.

Amendments--1973 (Adj. Sess.). Substituted "administered" for "governed" and "trained" for "drilled" in the second sentence and "military service" for "army" in the third sentence.

§ 642. Failure to report.

Each officer, noncommissioned officer, and enlisted person ordered out, and every volunteer or drafted person, who fails to appear at the time and place designated, without rendering a sufficient excuse for the failure, shall be dealt with as provided by the laws of the United States in like cases.

Amended 2021, No. 10 , § 35.

History

Amendments--2021. Substituted "enlisted person" for "private", "person" for "man" following "drafted”, and "for the failure" for "therefor".

Source. V.S. 1947, § 7213. P.L. § 8060. G.L. § 6068. 1917, No. 168 , § 54. P.S. § 5078. V.S. § 4426. R.L. § 3779. 1872, No. 1 , § 27.

Cross References

Cross references. Uniform Code of Military Justice, see 10 U.S.C. § 801 et seq.

§ 643. Repealed. 2021, No. 10, § 36.

History

Former § 643. Former § 643, relating to subsistence and transportation, was derived from V.S. 1947, § 7209; 1947, No. 141 , § 12; P.L. § 8056; G.L. § 6067; 1917, No. 168 , § 53; P.S. § 5077; V.S. § 4425; R.L. § 3778; and G.S. 110, § 32. This section was repealed effective July 1, 2021.

§ 644. Repealed. 1973, No. 223 (Adj. Sess.), § 17, eff. April 4, 1974.

History

Former § 644. Former § 644, relating to the support of dependents of enlisted men of the national guard and volunteers in federal service, was derived from V.S. 1947, § 7211; 1947, No. 141 , § 13; P.L. § 8058; G.L. § 6067; 1917, No. 168 , § 53; P.S. § 5077; V.S. § 4425; R.L. § 3778; and G.S. 110, § 32.

§ 645. Repealed. 2021, No. 10, § 37.

History

Former § 645. Former § 645, relating to a pledge of credit to raise funds, was derived from V.S. 1947, § 7212; P.L. § 8059; G.L. § 6067; 1917, No. 168 , § 53; P.S. § 5077; V.S. § 4425; R.L. § 3778; and G.S. 110, § 32 and amended by 1973, No. 223 (Adj. Sess.), § 10. This section was repealed effective July 1, 2021.

CHAPTER 31. OATHS AND DUTIES OF OFFICERS AND ENLISTED MEMBERS

Sec.

§ 701. Oaths of officers.

  1. A person commissioned as an officer or warrant officer of the National Guard, within the time designated by the Governor after the commission is tendered to the officer, shall take and subscribe to the oath as required by federal law and regulations before a civil officer legally qualified to administer oaths, or before a National Guard officer or warrant officer who has previously taken and subscribed the oath.
  2. The oath shall contain obligations of allegiance to the State and to the United States, or, in the absence of federal law or regulations upon the subject, the oath shall be prescribed by the Governor.
  3. In case of neglect or refusal to take the oath within the time specified, the officer shall be deemed to have resigned his or her office and a new election shall be ordered or appointment made as required by law.

    Amended 2017, No. 113 (Adj. Sess.), § 121; 2021, No. 10 , § 38.

History

Source. V.S. 1947, § 7188. 1947, No. 141 , § 20. P.L. § 8036. G.L. § 6047. 1917, No. 168 , § 33. P.S. § 5050. V.S. § 4400. 1892, No. 75 , § 1.

Amendments--2021. Added the subsec. (a)-(c) designations; substituted "Governor" for "Commander-in-Chief" in subsecs. (a) and (b); substituted "the" for "such" and deleted "; provided that the" following "oath" in subsec. (a); inserted "The" preceding "oath", substituted "or," for "and", and deleted "as" preceding "prescribed" in subsec. (b).

Amendments--2017 (Adj. Sess.) Section amended generally,

Cross References

Cross references. Oath of officers of national guard, see 32 U.S.C. § 312.

§ 702. Oaths of enlisted members.

  1. At the time of their enlistment, all enlisted members of the National Guard shall take and subscribe to the oath and contract prescribed by federal law and regulations before a National Guard officer or warrant officer who has taken and subscribed to the oath for officers pursuant to section 701 of this chapter.
  2. The oath shall contain obligations of allegiance to the State and to the United States. In the absence of applicable federal law or regulations, the oath and contract shall be prescribed by the Governor.

    Amended 2017, No. 113 (Adj. Sess.), § 122; 2021, No. 10 , § 39.

History

Source. V.S. 1947, § 7189. 1947, No. 141 , § 8. P.L. § 8037. G.L. § 6048. 1917, No. 168 , § 34. P.S. § 5051. V.S. § 4401. 1892, No. 75 , § 2.

Amendments--2021. Added the subsec. (a) and (b) designations; substituted "pursuant" for "prescribed in" and "chapter." for "title, provided that the" in subsec. (a); inserted "The" preceding "oath"; deleted "as" preceding "prescribed", and substituted "Governor" for "Commander-in-Chief" in subsec. (b).

Amendments--2017 (Adj. Sess.) Section amended generally.

Cross References

Cross references. Oath of enlisted members of national guard, see 32 U.S.C. § 304.

§ 703. Duties of officers.

Commissioned officers shall obey orders received from superior officers; attend drills, parades, inspections, and reviews prescribed or authorized by this chapter; make returns pursuant to the direction of the Governor or rules adopted by the Adjutant and Inspector General; perform other duties incident to their positions under the Constitution and laws of this State and of the United States; and conform to rules adopted by the Adjutant and Inspector General.

Amended 2017, No. 113 (Adj. Sess.), § 123; 2021, No. 10 , § 40.

History

Source. V.S. 1947, § 7190. P.L. § 8038. G.L. § 6049. 1917, No. 168 , § 35. P.S. § 5052. 1900, No. 69 , § 7. V.S. § 4402. R.L. § 3760. 1872, No. 1 , § 13.

Amendments--2021. Section amended generally.

Amendments--2017 (Adj. Sess.) Substituted "rules" for "regulations" following "under such", "or she adopts;" for "prescribes," preceding "perform other", and "rules adopted" for "such regulations as are prescribed" following "conform".

§ 704. Duties of enlisted members.

Enlisted members shall obey orders received from their officers to attend drills, parades, inspections, and reviews directed or authorized by this chapter, and perform the duties incident to their respective positions, subject to the rules adopted by the Adjutant and Inspector General.

Amended 2017, No. 113 (Adj. Sess.), § 124; 2021, No. 10 , § 41.

History

Source. V.S. 1947, § 7191. P.L. § 8039. G.L. § 6049. 1917, No. 168 , § 35. P.S. § 5052. 1900, No. 69 , § 7. V.S. § 4402. R.L. § 3760. 1872, No. § 13.

Amendments--2021. Deleted "prescribed for them to attend,” following "chapter,” and substituted "Adjutant and Inspector General” for "Commander-in-Chief”.

Amendments--2017 (Adj. Sess.) Substituted "rules adopted by the Commander-in-Chief" for "regulations which the commander in chief prescribes" following "subject to the".

§§ 705, 706. Repealed. 1973, No. 223 (Adj. Sess.), § 17, eff. April 4, 1974.

History

Former §§ 705, 706. Former § 705, relating to punishment of officers for neglect of duty, was derived from V.S. 1947, § 7192; P.L. § 8040; G.L. § 6050; 1917, No. 168 , § 36; P.S. § 5053; V.S. § 4403; R.L. § 3761; and 1872, No. 1 , § 14.

Former § 706, relating to punishment of enlisted men for neglect of duty, was derived from V.S. 1947, § 7193; P.L. § 8041; G.L. § 6051; 1917, No. 168 , § 37; P.S. § 5054; V.S. § 4404; R.L. § 3762; and 1872, No. 1 , § 15.

CHAPTER 33. INSTRUCTION AND DRILL

Sec.

§§ 761-766. Repealed. 1973, No. 223 (Adj. Sess.), § 17, eff. April 4, 1974.

History

Former §§ 761-766. Former § 761, relating to annual drill and inspection and notice thereof, was derived from V.S. 1947, § 7202; P.L. § 8049; G.L. § 6059; 1917, No. 168 , § 45; P.S. § 5068; V.S. § 4416; 1888, No. 114 , § 3; R.L. § 3769; and 1872, No. 1 , § 22.

Former § 762, relating to annual encampment of national guard instruction for drill, discipline, inspection and review, was derived from V.S. 1947, § 7202; P.L. § 8049; G.L. § 6059; 1917, No. 168 , § 45; 1910, No. 174 , § 3; 1908, No. 125 , §§ 1, 2; P.S. § 5069; 1904, No. 133 , § 2; 1900, No. 69 , § 8; V.S. § 4417; 1888, No. 114 , § 4; R.L. § 3770; 1878, No. 76 ; and 1872, No. 1 , § 23.

Former § 763, relating to annual instruction and drill for commissioned officers of the national guard, was derived from V.S. 1947, § 7198; 1947, No. 141 , § 9; P.L. § 8045; G.L. § 6055; 1917, No. 168 , § 41; P.S. § 5065; V.S. § 4413; and 1882, No. 32 , § 1.

Former § 764, relating to the penalty for nonattendance, was derived from V.S. 1947, § 7199; P.L. § 8046; G.L. § 6056; 1917. No. 168, § 42; P.S. § 5066; V.S. § 4414; and 1882, No. 32 , § 2.

Former § 765, relating to payment of expenses of officers attending drill and school, was derived from V.S. 1947, § 7200; P.L. § 8047; G.L. § 6057; 1917, No. 168 , § 43; P.S. § 5067; V.S. § 4415; and 1882, No. 32 , § 3.

Former § 766, relating to the authority of the commanding officer to suppress the sale or distribution of intoxicants, arrest offending parties, and seize such intoxicants during a day of drill or discipline of his command, was derived from V.S. 1947, § 7225; P.L. § 8073; G.L. § 6078; 1917, No. 168 , § 64; P.S. § 5095; R. 1906, § 4985; V.S. § 4439; R.L. § 3786; and 1872, No. 1 , § 34.

For provisions relating to training of the national guard, see 32 U.S.C. § 501 et seq.

CHAPTER 35. MILITARY EQUIPMENT AND PROPERTY

Sec.

Cross References

Cross references. Appointment, powers and duties generally of property and fiscal officers for national guard, see 32 U.S.C. § 708.

Quartermaster general, see chapter 25 of this title.

§ 821. Repealed. 2021, No. 10, § 42.

History

Former § 821. Former § 821, relating to bond of officers responsible for property or funds, was derived from V.S. 1947, § 7220; P.L. § 8067; G.L. § 6073; 1917, No. 168 , § 59; 1915, No. 170 , § 3; P.S. § 5086; V.S. § 4428; R.L. § 3781; and 1872, No. 1 , § 28. This section was repealed on July 1, 2021.

§ 822. Damaged or destroyed property.

When military arms, stores, uniforms, equipment, or property of any kind belonging to the State become damaged, partially or wholly unfit for use, or partially or wholly destroyed, the officer responsible for the property may request the Adjutant and Inspector General to appoint a board of inspection to examine and report as to its condition.

Amended 2021, No. 10 , § 43.

History

Source. V.S. 1947, § 7224. P.L. § 8072. G.L. § 6077. 1917, No. 168 , § 63. P.S. § 5090. V.S. § 4434. 1882, No. 31 , § 1.

Amendments--2021. Substituted "responsible for the property" for "having such property in charge" and "Adjutant and Inspector General" for "commander-in-chief".

§ 823. Storage of property.

Military stores belonging to the State not issued to the National Guard, and military property belonging to the United States in possession of the State and not issued to the National Guard, shall be stored in the State. The Adjutant and Inspector General shall adopt the necessary rules to secure the safekeeping of military property issued to the National Guard.

Amended 2017, No. 113 (Adj. Sess.), § 125; 2021, No. 10 , § 44.

History

Source. V.S. 1947, § 7223. 1947, No. 141 , § 18. P.L. § 8071. G.L. § 6076. 1917, No. 168 , § 62. P.S. § 5089. V.S. § 4433. R.L. § 3785. 1872, No. 1 , § 33.

Amendments--2021. Deleted ", and the Commander-in-Chief" from the end of the first sentence and inserted "The Adjutant and Inspector General" at the beginning of the present second sentence.

Amendments--2017 (Adj. Sess.) Substituted "adopt" for "prescribe" preceding "the necessary" and "rules" for "regulations" preceding "to secure".

§ 824. Uniforms and equipment.

The uniforms and equipment of organizations and members of the National Guard shall be as prescribed and furnished by the federal government.

Amended 2017, No. 113 (Adj. Sess.), § 126; 2021, No. 10 , § 45.

History

Source. 1953, No. 193 . V.S. 1947, § 7214. 1947, No. 141 , § 14. 1939, No. 213 , § 1. P.L. § 8061. G.L. § 6069. 1917, No. 168 , § 55. P.S. § 5079. V.S. § 4431. R.L. § 3784. 1872, No. 1 , § 32.

Amendments--2021. Deleted "but the Commander-in-Chief may permit modifications or additions as he or she deems for the best interests of the State, consistent with law and federal regulations for the government of the National Guard” from the end of the section.

Amendments--2017 (Adj. Sess.) Substituted "modifications or additions" for "such modification or addition thereto" following "may permit".

Cross References

Cross references. Specification as to uniforms, arms and equipment of national guard generally, see 32 U.S.C. § 701.

§ 825. Repealed. 1973, No. 223 (Adj. Sess.), § 17, eff. April 4, 1974.

History

Former § 825. Former § 825, relating to the penalties for misuse of a national guard uniform, was derived from V.S. 1947, § 7215; P.L. § 8062; G.L. § 6070; 1917, No. 168 , § 56; P.S. § 5083; V.S. § 4432; R.L. § 3784; and 1872, No. 1 , § 32.

CHAPTER 37. RIGHTS AND PRIVILEGES

Sec.

§ 881. Repealed. 1973, No. 223 (Adj. Sess.), § 17, eff. April 4, 1974.

History

Former § 881. Former § 881, relating to pay of national guard officers and enlisted men, was derived from V.S. 1947, § 7222; 1947, No. 141 , § 17; P.L. § 8069; 1933 S., No. 9, § 1; 1921, No. 179 ; G.L. § 6075; 1917, No. 168 , § 61; 1910, No. 174 , § 4; P.S. § 5088; 1904, No. 113 , § 3; 1900, No. 69 , § 9; V.S. § 4430; R.L. § 3783; 1872, No. 1 , § 30; and amended by 1963, No. 39 , § 3.

The subject matter of the former section is now covered by § 603 of this title.

§§ 882, 883. Repealed. 1969, No. 261 (Adj. Sess.), § 6, eff. April 7, 1970.

History

Former §§ 882, 883. Former §§ 882, 883, relating to compensation for injuries received from military service during times of peace, were derived from V.S. 1947, §§ 7216, 7217; 1947, No. 141 , §§ 15, 16; P.L. §§ 8063, 8064; 1931, No. 126 , § 1; and 1923. No. 112, §§ 1, 2; and amended by 1963. No. 39, § 5.

The subject matter of the former sections is now covered by § 601 of this title.

§ 884. Exemption from arrest.

Officers, noncommissioned officers, and enlisted persons who are members of the Vermont National Guard and on federal or State active duty, except in the case of treason, felony, or breach of the peace, shall be privileged from arrest and imprisonment by civil authority, from the date they are ordered to active duty until the time of their discharge from active duty.

Amended 2021, No. 10 , § 46.

History

Source. V.S. 1947, § 7221. P.L. § 8068. G.L. § 6074. 1917, No. 168 , § 60. P.S. § 5087. V.S. § 4429. R.L. § 3782. 1872, No. 1 , § 29.

Amendments--2021. Section amended generally.

Cross References

Cross references. Exemption from arrest and imprisonment of members of state guard, see § 1274 of this title.

Payment of costs of defense of members of guard prosecuted for acts committed during performance of military duty, see § 942b of this title.

§ 885. Brevet rank.

When he or she deems it to be in the best interests of the Vermont National Guard, the Governor may, with the advice and consent of the Senate, confer brevet rank upon officers and enlisted members of the Vermont National Guard who have performed gallant, faithful, or meritorious service in the line of duty. A brevet rank conferred pursuant to this section shall only apply in the State of Vermont.

Amended 2021, No. 10 , § 47.

History

Source. V.S. 1947, § 7227. P.L. § 8075. G.L. § 6080. 1917, No. 168 , § 66. P.S. § 5098. V.S. § 4442. 1894, No. 103 , § 3.

Amendments--2021. Section amended generally.

§ 886. Retirement of officers.

A member of the National Guard may be placed upon the retired list as provided pursuant to the provisions of 10 U.S.C. chapters 69 and 1225 and any applicable regulations adopted by the Secretary of Defense.

Amended 2021, No. 10 , § 48.

History

Source. V.S. 1947, § 7226. P.L. § 8074. G.L. § 6079. 1917, No. 168 , § 65. P.S. §§ 5096, 5097. V.S. §§ 4440, 4441. 1894, No. 103 , §§ 1, 2. 1894, No. 104 , §§ 1, 2. 1892, No. 75 , § 3.

Amendments--2021. Section amended generally.

Cross References

Cross references. Pay and allowances generally, see 37 U.S.C. § 101 et seq.

State employees retirement system status of members of national guard, see 3 V.S.A. § 482.

§ 887. Repealed. 2021, No. 10, § 49.

History

Former § 887. Former § 887, relating to privileges, was derived from V.S. 1947, § 7228; P.L. § 8076; G.L. § 6081; 1917, No. 168 , § 67; P.S. § 5099; V.S. § 4443; and 1892, No. 75 , § 4. This section was repealed on July 1, 2021.

CHAPTER 39. COURTS-MARTIAL

Cross References

Cross references. Court-martial proceedings involving members of national guard generally, see 32 U.S.C. § 326 et seq.

Uniform Code of Military Justice, see 10 U.S.C. § 801 et seq.

Subchapter 1. General Provisions

History

Amendments--2013 (Adj. Sess.). 2013, No. 124 (Adj. Sess.), § 1 added the subchapter 1 designation for §§ 941-945.

§ 941. Statement of policy on military justice.

An offense committed by a member of the National Guard shall be tried in civil courts and prosecuted by civil authorities except offenses of a purely military nature. This policy shall be executed and carried into effect at all times and applies to all encampments, armory drill periods, and parade periods in addition to any duty performed pursuant to sections 366 and 601 of this title.

Amended 1973, No. 223 (Adj. Sess.), § 11, eff. April 4, 1974; 2021, No. 10 , § 50.

History

Source. V.S. 1947, § 7194. P.L. § 8042. G.L. § 6052. 1917, No. 168 , § 38. P.S. § 5059. V.S. § 4409. R.L. § 3765. 1872, No. 1 , § 18.

Amendments--2021. Substituted "pursuant to" for "by the militia under"; inserted "and" following "366,"; and deleted "and 602" following "601".

Amendments--1973 (Adj. Sess.). Section amended generally.

§ 942. Military courts for the Vermont National Guard.

  1. Except in organizations in the service of the United States, military courts in the Vermont National Guard are of three kinds: general, special, and summary courts-martial.
  2. When practicable considering finances, personnel, and administration, the military courts shall be constituted like similar courts provided for by the laws and regulations governing the U.S. Armed Forces and shall follow the forms and procedure prescribed for those courts.

    Amended 1973, No. 223 (Adj. Sess.), § 12, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 127.

History

Source. V.S. 1947, § 7195. P.L. § 8043. G.L. § 6053. 1917, No. 168 , § 39. P.S. §§ 5056, 5063. 1902, No. 89 , § 1. V.S. § 4406. R.L. § 3764. 1872, No. 1 , § 17.

Amendments--2017 (Adj. Sess.) Subsec. (b): Substituted "the military courts" for "they" preceding "shall be constituted" and "U.S. Armed Forces" for "armed forces of the United States".

Amendments--1973 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Conduct of courts-martial generally, see § 942a of this title.

Payment of expenses of military courts, see § 942b of this title.

§ 942a. Structure of courts-martial.

  1. General court-martial.  A general court-martial of the Vermont National Guard shall be convened only by order of the Governor.
    1. A general court-martial may try any person subject to the military code of Vermont for a crime made punishable by the military laws of the United States and the State, and may impose fines not exceeding $200.00, sentence forfeiture of pay and allowances, reprimand, dismiss or dishonorably discharge from the service, and reduce noncommissioned officers in rank. Any two or more punishments may be combined in the sentence imposed by the court.
    2. The procedure by which a general court-martial shall function in view of the State's lack of manpower, and shortage of places of confinement and finances, shall be in compliance with reasonable rules, adjusted to the peculiar characteristics of the State. The rules shall be formulated by the Adjutant and Inspector General, drafted by the Staff Judge Advocate, and approved by the Governor.
  2. Special court-martial.  The Adjutant and Inspector General or the commanding officer of a battalion or similar unit may appoint a special court-martial, but the special court-martial may in any case be appointed by superior authority when the superior authority considers the appointment desirable.
    1. A special court-martial may try any person subject to the military code of Vermont, except a commissioned or warrant officer, for any crime of a purely military nature made punishable by military law of the United States or the State.

      A special court-martial has the same powers of punishment as a general court-martial, except that a fine may not exceed $100.00.

  3. Summary court-martial.  The commanding officer of a unit may appoint a summary court to consist of one officer who may administer oaths and may try enlisted Guard members for breach of discipline and for minor violations of a military regulation governing the unit. The court, when satisfied of the guilt of the soldier, may fine him or her not exceeding $25.00 for any single offense, sentence to a reduction in rank, and declare not in excess of one month's forfeiture of pay and allowances. The proceedings shall be informal.
  4. Appeal from convictions.  Any appeal from the sentence of a court-martial by the defendant shall be taken to the Adjutant and Inspector General.
    1. The defendant shall file written notice of appeal within 30 days after the court's finding of guilty.
    2. The Adjutant and Inspector General with the assistance of the Staff Judge Advocate shall review all questions of law and fact.
    3. The final decision in all appeals from the special and summary courts-martial are with the Adjutant and Inspector General. An appeal from the general court-martial conviction shall be reviewed by the Adjutant and Inspector General as provided in this subsection.
    4. Within 60 days after being served with the written decision of the Adjutant and Inspector General, affirming in whole or in part the conviction, the defendant may appeal to the Governor, whose decision is final.

      Added 1973, No. 223 (Adj. Sess.), § 13, eff. April 4, 1974; amended 2017, No. 113 (Adj. Sess.), § 128.

History

Amendments--2017 (Adj. Sess.) Section amended generally.

Cross References

Cross references. Maximum limits of punishments under Uniform Code of Military Justice, see 10 U.S.C. § 856.

Sentence and commitment generally, see § 943 of this title.

§ 942b. Expenses of military courts.

  1. The expense incident to and connected with the holding of military courts in this State under this chapter shall be paid out of the General Fund under orders and rules issued by the Adjutant and Inspector General with the approval of the Governor.
  2. All fines levied and collected under this section shall be paid to the State of Vermont for deposit in the State's General Fund.
  3. For each day of duty as a member of a general court-martial, or as a witness under summons from the President or Judge Advocate of the court, officers and enlisted Guard members shall be paid as provided in section 603 of this title.
  4. The presiding officer, or recorder of a military board appointed to conduct an investigation or survey, or an officer detailed for that purpose may administer oaths to any witness attending to testify in the investigation.
  5. All expenses incident to conduct of military boards shall be paid for upon proper vouchers drawn against the State's General Fund.
  6. If a member of the National Guard is prosecuted by civil or criminal action for an act performed or committed by him or her or an act caused, ordered, or directed by him or her to be done or performed in furtherance of and while in the performance of his or her military duty, the expenses of the defense of the action, civil or criminal, including attorney's fees, witness fees for the defense, defendant's court costs, and all costs for transcripts of records and abstracts on appeal by the defense, shall be paid out of the State's General Fund.

    Added 1973, No. 223 (Adj. Sess.), § 14, eff. April 4, 1974; amended 2017, No. 113 (Adj. Sess.), § 129.

History

Amendments--2017 (Adj. Sess.) Subsec. (a): Substituted "orders and rules issued' for "orders, rules and regulations issued" and "Adjutant and Inspector General" for "adjutant general".

Subsec. (b): Substituted "State's General Fund" for "state general fund".

Subsec. (c): Substituted "enlisted Guard members" for "men" preceding "shall be paid".

Subsec. (e): Substituted "State's General Fund" for "state general fund".

Subsec. (f): Substituted "attorney's" for "attorney" following "including" and "State's General Fund" for "state general fund".

§ 943. Sentence; warrant for commitment.

Courts-martial, including summary courts, may sentence to confinement in lieu of fines imposed, provided that such sentence of confinement shall not exceed one day for each dollar of the fine. The warrant for commitment to the custody of the Commissioner of Corrections shall be substantially in the following form:

STATE OF VERMONT, To any sheriff or constable in the State, .................... County, ss. } Greeting: WHEREAS .................... of .................... in the county of .................... a (State rank) .................... of (State organization) .................... of the National Guard, was on the .................... day of .................... 20 ......., by a court-martial duly appointed and acting under authority of law, adjudged guilty of a military offense, viz.: (describe the offense) and sentenced to pay a fine of ............... dollars and ............... cents. And whereas such sentence has been duly approved and such fine has not been paid or remitted, now therefore: BY THE AUTHORITY OF THE STATE OF VERMONT, you are hereby commanded to take the body of the said .................... .................... and commit him or her to the custody of the Commissioner of Corrections, who is hereby commanded to receive the body of the said .................... and him or her safely keep for the term of .................... days, unless sooner discharged according to law. Fail not, but service and return make according to law. Dated at .................... in the county of .................... this .................... day of .................... 20 ....... . .... President of Court-Martial, or Summary Court.

Amended 1967, No. 345 (Adj. Sess.), § 30, eff. April 1, 1969; 2021, No. 10 , § 51.

History

Source. V.S. 1947, § 7196. P.L. § 8044. G.L. § 6054. 1917, No. 168 , § 40. 1917, No. 254 , § 5924. P.S. §§ 5056, 5058, 5059. V.S. §§ 4406, 4408, 4409. 1882, No. 30 , § 2. R.L. §§ 3764, 3765. 1872, No. 1 , §§ 17, 18.

Revision note. In the first paragraph, deleted "in the state correctional facility where the accused is tried" following "sentence to confinement" and substituted "custody of the commissioner of corrections" for "state correctional facility" following "warrant for commitment to the" pursuant to 1971, No. 199 (Adj. Sess.), § 17.

In the second paragraph of the form for the warrant of commitment, substituted "custody of the commissioner of corrections," for "keeper of the jail in the county of . . . within such jail" following "commit him to the" pursuant to 1971, No. 199 (Adj. Sess.), § 17.

Amendments--2021. Substituted "the fine" for "such fine" following "dollar of" in the first sentence.

Amendments--1967 (Adj. Sess.). Substituted "state correctional facility" for "county jail" in the introductory paragraph.

Cross References

Cross references. Sentencing powers of courts-martial generally, see § 942a of this title.

§ 944. Execution of processes and sentences.

All processes and sentences of courts-martial shall be executed by civil officers of the State authorized to execute similar processes of the civil courts, and shall be returned to the court issuing the same.

Amended 2021, No. 10 , § 52.

History

Source. V.S. 1947, § 7197. P.L. § 8044. G.L. § 6054. 1917, No. 168 , § 40. 1917, No. 254 , § 5924. P.S. §§ 5056, 5058, 5059. V.S. §§ 4406, 4408, 4409. 1882, No. 30 , § 2. R.L. §§ 3764, 3765. 1872, No. 1 , §§ 17, 18.

Amendments--2021. Substituted "State” for "state” preceding "authorized”.

§ 945. Rules of the National Guard.

All matters relating to the organization, government, and discipline of the National Guard, including nonjudicial punishment similar to that provided for in the Uniform Code of Military Justice, not otherwise provided for by the laws of the United States, this chapter, or regulations issued by the President, shall be governed by rules adopted by the Adjutant and Inspector General and approved by the Governor, and the adopted rules shall have the same force and effect as though enacted in this chapter.

Added 1973, No. 223 (Adj. Sess.), § 16, eff. April 4, 1974; amended 2017, No. 113 (Adj. Sess.), § 130.

History

Reference in text. The Uniform Code of Military Justice, to which reference is made in this section, is codified as 10 U.S.C. § 801 et seq.

Amendments--2017 (Adj. Sess.) Substituted "Rules" for "Regulations" in the section heading and "rules adopted" for "regulations issued" following "governed by", "Adjutant and Inspector General" for "adjutant general" preceding "and approved", and "the adopted rules shall have" for "the regulations when adopted, have" in the section text.

Subchapter 2. Nonjudicial Discipline

§ 961. Commanding officer nonjudicial discipline.

    1. A commanding officer may impose nonjudicial discipline upon a service member for minor military offenses without the intervention of a court-martial in accordance with the provisions of this subchapter. (a) (1)  A commanding officer may impose nonjudicial discipline upon a service member for minor military offenses without the intervention of a court-martial in accordance with the provisions of this subchapter.
    2. The commanding officer who intends to impose nonjudicial discipline upon a service member shall notify him or her of the following:
      1. the nature of the alleged offense;
      2. the commanding officer's intent to dispose of the matter by nonjudicial discipline; and
      3. any other nonjudicial discipline procedural rights established by rule.
    3. As used in this section, "commanding officer" shall include an officer in charge.
  1. A commanding officer may impose upon enlisted members of the officer's command:
    1. an admonition;
    2. a reprimand;
    3. for members who are serving on full-time military orders in excess of 179 days, the forfeiture of up to seven days of pay and, for all others, up to four days of pay;
    4. a fine of not more than seven days' pay;
    5. a reduction to the next inferior pay grade, if the grade from which the member is demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
    6. extra duties for not more than 14 days, which need not be consecutive; and
    7. restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, which need not be consecutive.
  2. A commanding officer of the grade of major or above may impose upon enlisted members of the officer's command:
    1. any discipline authorized in subdivisions (b)(1), (2), and (3) of this section;
    2. for members who are serving on full-time military orders in excess of 179 days, the forfeiture of not more than one-half of one month's pay per month for up to two months, and, for all others, up to 14 days of pay;
    3. a fine of not more than one month's pay;
    4. a reduction to the lowest or any intermediate pay grade, if the grade from which the member is demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
    5. for members who are serving on full-time military orders in excess of 179 days, the imposition of extra duties for up to 45 days that need not be consecutive, and, for all others, the imposition of extra duties for up to 14 days that need not be consecutive; and
    6. restriction to certain specified limits, with or without suspension from duty, for not more than 60 days that need not be consecutive.
    1. The Adjutant and Inspector General or an officer of a general or flag rank in command may impose: (d) (1)  The Adjutant and Inspector General or an officer of a general or flag rank in command may impose:
      1. upon an officer or warrant officer of the officer's command, any discipline authorized in subdivisions (c)(1), (2), (3), and (6) of this section;
      2. upon an enlisted member of the officer's command, any discipline authorized in subsection (c) of this section.
    2. The Adjutant and Inspector General or an officer of a general or flag rank in command may delegate his or her powers under this subsection to a principal assistant who is a member of the Vermont National Guard.
  3. Whenever any disciplines imposed under this section are to be served consecutively, the total length of the combined discipline shall not exceed the authorized duration of the longest discipline in the combination, and there shall be an apportionment of disciplines so that no single discipline in the combination exceeds its authorized length.
    1. The officer who imposes the discipline or his or her successor in command may at any time suspend, set aside, mitigate, or remit any part or amount of the discipline and restore all rights, privileges, and property affected. The officer also may mitigate a reduction in grade to a forfeiture of pay or mitigate extra duties to a restriction to certain specified limits. (f) (1)  The officer who imposes the discipline or his or her successor in command may at any time suspend, set aside, mitigate, or remit any part or amount of the discipline and restore all rights, privileges, and property affected. The officer also may mitigate a reduction in grade to a forfeiture of pay or mitigate extra duties to a restriction to certain specified limits.
    2. The mitigated discipline shall not be for a greater period than the original discipline mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this section by the officer who imposed the discipline.
  4. Whenever a discipline of forfeiture of pay is imposed under this section, the forfeiture may apply to pay accruing before, on, or after the date that discipline is imposed.

    Added 2013, No. 124 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 131; 2021, No. 10 , § 53.

History

Amendments--2021. Subdiv. (c)(5): Substituted "that" for "which' in two places.

Subdiv. (c)(6): Substituted "that" for "which'.

Amendments--2017 (Adj. Sess.) Subdiv. (a)(2)(C): Substituted "rule" for "regulation" following "established by".

§ 962. Service members subject to nonjudicial discipline.

  1. A service member subject to nonjudicial discipline under this subchapter shall, during the course of his or her disciplinary proceedings, have the right to:
    1. consult with a judge advocate or with private counsel at the service member's own expense;
    2. submit matters in extenuation, mitigation, or defense; and
    3. call and examine witnesses, to the extent witnesses are reasonably available.
    1. Except as provided in subdivision (2) of this subsection, a service member subject to nonjudicial discipline shall have the right to demand a court-martial in lieu of nonjudicial discipline. (b) (1)  Except as provided in subdivision (2) of this subsection, a service member subject to nonjudicial discipline shall have the right to demand a court-martial in lieu of nonjudicial discipline.
    2. A service member subject to nonjudicial discipline shall not have the right to demand a court-martial in lieu of nonjudicial discipline if the commanding officer will not impose a restriction to certain specified limits, a fine, or extra duties if, after a hearing, the service member is found guilty of any offense with which he or she is charged and the commanding officer advises the service member of that fact when the commanding officer notifies the service member of his or her intent to impose nonjudicial discipline.
    1. A service member subject to nonjudicial discipline under this subchapter may elect to have his or her case heard before a nonjudicial discipline panel, described in section 963 of this subchapter. (c) (1)  A service member subject to nonjudicial discipline under this subchapter may elect to have his or her case heard before a nonjudicial discipline panel, described in section 963 of this subchapter.
    2. The service member shall have 24 hours from the commanding officer's notice of his or her intent to dispose of the matter by nonjudicial discipline to make an election for disposition by a nonjudicial panel, and shall have the right to consult with a judge advocate or with private counsel at the service member's own expense prior to making such a decision.

      Added 2013, No. 124 (Adj. Sess.), § 2; amended 2021, No. 10 , § 54.

History

Amendments--2021. Subdiv. (a)(3): Substituted "witnesses" for "witness" following "extent".

§ 963. Nonjudicial discipline panels.

  1. When a service member elects to have his or her case heard before a nonjudicial discipline panel as provided in section 962 of this subchapter, the panel shall be formed as follows:
    1. The panel shall consist of three members, appointed by the next higher authority of the commanding officer who seeks to impose the nonjudicial discipline.
    2. The members of the panel shall be officers who are senior to the service member requesting the panel. If it is an enlisted service member requesting the panel, there shall be at least one enlisted service member on the panel, but that enlisted service member must be senior to the enlisted service member requesting the panel.
    3. The senior member of the panel shall be the chair. The most junior member shall be the recorder and shall record summaries of the proceedings.
    4. If the nonjudicial discipline is being offered by a general officer, the panel shall consist of three members appointed by the Adjutant and Inspector General with the most senior member being the chair and the most junior member being the recorder, who shall record the summaries of the proceedings.
  2. The panel decision shall be by majority vote. The panel shall have the same authority and responsibility in conducting the proceeding and disposing of the matter, including imposing nonjudicial discipline, as has a commanding officer of the grade of major or above pursuant to this subchapter.
    1. The panel shall forward its recommendation for disposition and imposition of discipline, if any, to the authority who appointed the panel under subsection (a) of this section. (c) (1)  The panel shall forward its recommendation for disposition and imposition of discipline, if any, to the authority who appointed the panel under subsection (a) of this section.
      1. The appointing authority may approve the recommended discipline or any part or amount as the appointing authority sees fit and may suspend, mitigate, or remit the recommended discipline as he or she deems appropriate. (2) (A) The appointing authority may approve the recommended discipline or any part or amount as the appointing authority sees fit and may suspend, mitigate, or remit the recommended discipline as he or she deems appropriate.
      2. The appointing authority shall not approve any discipline in excess of that recommended by the panel.

        Added 2013, No. 124 (Adj. Sess.), § 2.

§ 964. Appeals from nonjudicial discipline decisions.

    1. A service member disciplined under this subchapter who considers the discipline unjust or disproportionate to the offense may appeal to the next superior authority within 15 days after the discipline is either announced or notice of the discipline is sent to the accused, as the commander under section 961 or the appointing authority under section 963 of this subchapter may determine. (a) (1)  A service member disciplined under this subchapter who considers the discipline unjust or disproportionate to the offense may appeal to the next superior authority within 15 days after the discipline is either announced or notice of the discipline is sent to the accused, as the commander under section 961 or the appointing authority under section 963 of this subchapter may determine.
    2. An appeal from the decision of an appointing authority under section 963 of this subchapter shall be taken directly to the next higher authority, unless the action is initiated by a general officer, in which case the Adjutant and Inspector General shall have the final decision.
  1. The appeal shall be promptly forwarded and decided, but the service member disciplined may, in the meantime, be required to undergo the discipline adjudged.
    1. The superior authority may exercise the same powers with respect to the discipline imposed as may be exercised under section 961 or 963 of this subchapter by the officer who imposed the discipline, except that the superior authority shall not impose any discipline in excess of what was originally imposed. (c) (1)  The superior authority may exercise the same powers with respect to the discipline imposed as may be exercised under section 961 or 963 of this subchapter by the officer who imposed the discipline, except that the superior authority shall not impose any discipline in excess of what was originally imposed.
    2. Before acting on an appeal, the authority may refer the case to a judge advocate for consideration and advice.

      Added 2013, No. 124 (Adj. Sess.), § 2.

§ 965. Effect of nonjudicial discipline.

  1. The imposition and enforcement of nonjudicial discipline under this subchapter for any act or omission shall not be a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this subchapter.
  2. The fact that nonjudicial discipline has been enforced may be shown by the accused upon trial and, when so shown, it shall be considered in determining the measure of discipline to be adjudged in the event of a finding of guilty.

    Added 2013, No. 124 (Adj. Sess.), § 2.

PART 3 State Guard

History

1951, No. 175 , § 14, contained a severability provision applicable to this part.

Citation. 1951, No. 175 , § 16, provided that this part may be cited as the "State Guard Act."

Cross References

Cross references. Emergency management generally, see chapter 1 of this title.

National guard, see part 2 of this title.

Veteran's affairs, see part 4 of this title.

CHAPTER 61. GENERAL PROVISIONS

Sec.

Cross References

Cross references. Militia of the United States, see 10 U.S.C. § 311 et seq.

National guard, see 32 U.S.C. § 101 et seq.

§ 1151. Organization and maintenance.

  1. Whenever any part of the National Guard of this State is in active federal service, the Governor may organize and maintain within this State any military forces the Governor deems necessary to defend the State.
  2. The forces shall be:
    1. composed of officers commissioned or assigned, and any able-bodied citizens of the State who volunteer for service;
    2. additional to and distinct from the National Guard and shall be known as the Vermont State Guard;
    3. uniformed;
    4. located in places having National Guard units in federal service and, provided adequate personnel are available for service, other places the Governor may direct; and
    5. subject to regulations adopted by the Secretary of the Army for the organization, training, instruction, and discipline of similar military forces.

      Amended 2017, No. 113 (Adj. Sess.), § 132; 2021, No. 10 , § 55.

History

Source. 1951, No. 175 , § 1.

Amendments--2021. Section amended generally.

Amendments--2017 (Adj. Sess.) Section amended generally.

Cross References

Cross references. Commissioning or enlistment of persons in state guard, see chapter 63 of this title.

Pay and allowances, see § 1271 of this title.

§ 1152. Authority of Governor to adopt rules.

The Governor may adopt rules consistent with the provisions of this chapter and chapters 63 and 65 of this title governing the enlistment, organization, administration, equipment, maintenance, training, and discipline of the State Guard. The rules, to the extent the Governor deems practicable and desirable, shall conform to existing law and rules governing the National Guard and applicable regulations adopted by the Secretary of the Army.

Amended 2017, No. 113 (Adj. Sess.), § 133; 2021, No. 10 , § 56.

History

Source. 1951, No. 175 , § 2.

Amendments--2021. Section amended generally.

Amendments--2017 (Adj. Sess.) Section amended generally.

§ 1153. Equipment and facilities.

For the use of the State Guard, the Governor may request from the Secretary of the Army any arms, ammunition, clothing, and equipment that the Secretary of the Army, in his or her discretion and under regulations adopted by him or her, is authorized to issue and to make available to the State Guard, the facilities of State armories and their equipment, and other State premises and property that are available.

Amended 2017, No. 113 (Adj. Sess.), § 134; 2021, No. 10 , § 57.

History

Source. 1951, No. 175 , § 4.

Amendments--2021. Section amended generally.

Amendments--2017 (Adj. Sess.) Section amended generally.

§ 1154. Service outside State.

  1. The State Guard shall not be required to serve outside the boundaries of this State except:
    1. Upon the request of the governor of another state, the Governor may, in his or her discretion, order any portion or all of the State Guard to assist the military or police forces of the other state who are actually engaged in defending the other state. The State Guard may be recalled by the Governor at his or her discretion.
    2. Any organization, unit, or detachment of the State Guard, upon order of the officer in immediate command of it, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the borders of this State into another state until they are apprehended or captured by the organization, unit, or detachment, or until the military or police forces of the other state or of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons, provided that the other state shall have given authority by law for the pursuit by the State Guard.
  2. Any person apprehended or captured in another state by an organization, unit, or detachment of the State Guard shall without unnecessary delay be surrendered to the military or police forces of the state in which he or she is taken or to the United States. The surrender of the person who is apprehended or captured shall not constitute a waiver by this State of its right to extradite or prosecute the person for any crime committed in this State.

    Amended 2021, No. 10 , § 58.

History

Source. 1951, No. 175 , § 5.

Amendments--2021. Section amended generally.

Cross References

Cross references. Uniform Act on Fresh Pursuit, see 13 V.S.A. chapter 159, subchapter 3.

Uniform Criminal Extradition Act, see 13 V.S.A. chapter 159, subchapter 2.

§ 1155. Military service of United States.

  1. Nothing in this chapter or chapters 63 and 65 of this title shall be construed as authorizing the State Guard, or any part of it, to be called, ordered, or in any manner drafted into the U.S. Armed Forces.
  2. No person shall, by reason of his or her membership in any unit of the State Guard, be exempted from military service under any federal law.

    Amended 2021, No. 10 , § 59.

History

Source. 1951, No. 175 , § 7.

Amendments--2021. Added the subsec. designations and amended section generally.

§ 1156. Uniform Code of Military Justice in relation to courts-martial.

Whenever the State Guard, or any part of it, is ordered out for active service, the Uniform Code of Military Justice applicable to members of the National Guard in relation to courts-martial, their jurisdiction, and the limits of punishment and any rules and regulations adopted pursuant to the Uniform Code of Military Justice shall apply to the Vermont State Guard.

Amended 2017, No. 113 (Adj. Sess.), § 135; 2021, No. 10 , § 60.

History

Source. 1951, No. 175 , § 12.

Amendments--2021. Substituted "Uniform Code of Military Justice” for "Articles of War” in the section heading and amended section generally.

Amendments--2017 (Adj. Sess.) Substituted "the" for "such" preceding "forces" and inserted "described in this chapter" thereafter, and substituted "under the Articles of War" for "thereunder" following "prescribed".

Cross References

Cross references. Courts-martial generally, see chapter 39 of this title.

Uniform Code of Military Justice, see 10 U.S.C. § 801 et seq.

§ 1157. When effective.

This chapter and chapters 63 and 65 of this title shall be effective upon a determination and proclamation by the Governor and the Emergency Board that a substantial part of the National Guard is not available for duty within the State, and shall be suspended upon a determination and proclamation by the Governor and the Emergency Board that a substantial part of the National Guard is available for duty within the State.

Amended 2021, No. 10 , § 61.

History

Source. 1951, No. 175 , § 19.

Amendments--2021. Section amended generally.

CHAPTER 63. COMMISSION AND ENLISTMENT

Sec.

Cross References

Cross references. Organization of state guard generally, see § 1151 of this title.

Pay and allowances, see § 1271 of this title.

§ 1211. Eligibility.

No person shall be commissioned or enlisted in the State Guard who is not a citizen of the United States or who has been expelled or dishonorably discharged from the U.S. Armed Forces or the National Guard of any state.

Amended 2021, No. 10 , § 62.

History

Source. 1951, No. 175 , § 9.

Amendments--2021. Substituted "the State Guard” for "such forces” and "the U.S. Armed Forces or the National Guard of any state" for "any military, naval or air organization of this state, or of another state, or of the United States".

§ 1212. Private organizations.

No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in the State Guard as an organization or unit.

Amended 2021, No. 10 , § 63.

History

Source. 1951, No. 175 , § 8.

Amendments--2021. Substituted "the State Guard” for "such forces”.

§ 1213. Oath of officers commissioned.

The oath to be taken by officers commissioned in the State Guard shall be substantially in the form prescribed for officers of the National Guard, substituting the words Vermont State Guard where necessary.

Amended 2021, No. 10 , § 64.

History

Source. 1951, No. 175 , § 10.

Amendments--2021. Substituted "the State Guard” for "such forces”.

Cross References

Cross references. Oath of national guard officers, see § 701 of this title.

§ 1214. Term of enlistment; oath.

The term of enlistment for enlisted members of the State Guard shall be for either one year or three years and may be renewed, subject to the termination or suspension of the authority for the State Guard. The oath to be taken upon enlistment in the State Guard shall be substantially in the form prescribed for enlisted members of the National Guard, substituting the words Vermont State Guard where necessary.

Amended 2021, No. 10 , § 65.

History

Source. 1951, No. 175 , § 11.

Amendments--2021. In the first sentence, inserted "of the State Guard" following "members" and "either" preceding "one"; and deleted "for" preceding "three years", "such enlistments" thereafter, and ", however" following "subject"; and, in the second sentence, substituted "the State Guard" for "such forces".

Cross References

Cross references. Oath of national guard enlisted personnel, see § 702 of this title.

CHAPTER 65. RIGHTS AND PRIVILEGES

Sec.

Cross References

Cross references. Organization of state guard generally, see § 1151 of this title.

Personnel of state guard generally, see chapter 63 of this title.

§ 1271. Pay and rations.

When the State Guard or any part of it is ordered out for active duty or field training, its members shall be entitled to the same pay and rations as the National Guard on similar duty and shall be paid under rules adopted by the Governor.

Amended 2017, No. 113 (Adj. Sess.), § 136; 2021, No. 10 , § 66.

History

Source. 1951, No. 175 , § 3.

Amendments--2021. Substituted "of it is” for "thereof shall be”; deleted "for” preceding "field”; and substituted "its members” for "they”.

Amendments--2017 (Adj. Sess.) Substituted "rules adopted by the Governor" for "such regulations as the governor prescribes" following "paid under".

Cross References

Cross references. Pay and allowances of national guard, see § 603 of this title.

§§ 1272, 1273. Repealed. 1969, No. 261 (Adj. Sess.), § 6, eff. April 7, 1970.

History

Former §§ 1272, 1273. Former § 1272, relating to awards of compensation for service-connected injuries or death of officers and enlisted personnel, was derived from 1951, No. 175 , § 17.

Former § 1273, relating to amounts of compensatory awards relative to former § 1272, was derived from 1957, No. 45 , § 5; 1955, No. 227 , § 8; and 1951, No. 175 , § 18; and amended by 1959, No. 191 , § 4.

§ 1274. Exemptions.

No officer or enlisted member of the State Guard shall be arrested on any warrant, except for treason, felony, or breach of the peace, while going to, remaining at, or returning from a place where he or she is ordered for military duty. Every officer and enlisted member of the State Guard shall, during service in the State Guard, be exempt from service in any posse comitatus and from jury duty.

Amended 2021, No. 10 , § 67.

History

Source. 1951, No. 175 , § 12.

Amendments--2021. Substituted "the State Guard" for "such forces" in two places; deleted "or" following "treason"; inserted ", or breach of the peace" following "felony"; deleted "to attend" following "ordered"; and substituted "in the State Guard" for "therein" and "in" for "upon" preceding "any posse comitatus”.

Cross References

Cross references. Exemption from arrest and imprisonment of members of national guard, see § 884 of this title.

PART 4 Veterans' Affairs

Cross References

Cross references. Emergency management generally, see chapter 1 of this title.

National guard, see part 2 of this title.

State guard, see part 3 of this title.

United States Veterans' Administration, see 38 U.S.C. § 301 et seq.

Uniform Veteran's Guardianship Act, see 14 V.S.A chapter 113.

CHAPTER 81. DUTIES OF ADJUTANT GENERAL REGARDING VETERANS

Sec.

Cross References

Cross references. Adjutant and inspector general, see chapter 23 of this title.

§§ 1481, 1482. Repealed. 1959, No. 329 (Adj. Sess.), § 59, eff. March 1, 1961.

History

Former §§ 1481, 1482. Former §§ 1481, 1482, relating to establishment, members, term and compensation of state veterans' board, were derived from V.S. 1947, §§ 7169, 7174; and 1945, No. 172 , §§ 1, 6.

§ 1483. Adjutant General; duties as to veterans' affairs.

In addition to the duties elsewhere set forth by law, the Adjutant and Inspector General shall:

  1. acquaint himself or herself, and his or her assistants and employees, with federal, State, and local laws enacted for the benefit of members of the U.S. Armed Forces and Vermont National Guard, veterans having a discharge other than dishonorable, and the heirs and beneficiaries of members and veterans;
  2. collect data and information as to facilities and services available to members of the U.S. Armed Forces and Vermont National Guard, veterans, and the heirs and beneficiaries of members and veterans;
  3. cooperate with information or service agencies throughout the State, to inform members of the U.S. Armed Forces and Vermont National Guard, veterans, the heirs or beneficiaries of members and veterans, and military and civilian authorities, regarding the existence or availability of:
    1. educational training and retraining facilities;
    2. health, medical, rehabilitation, and housing services and facilities;
    3. employment and reemployment services; and
    4. provisions of federal, State, and local laws affording rights, privileges, and benefits to members of the U.S. Armed Forces and Vermont National Guard, and veterans and their families and dependents, and other matters of similar, related, or appropriate nature;
  4. assist veterans and their heirs or beneficiaries in the presentation, proof, and establishment of claims, privileges, rights, and other benefits under federal, State, or local laws; and
  5. cooperate with all national, State, and local governmental and private agencies in securing services or any benefits to veterans and their families and dependents.

    Amended 1959, No. 329 (Adj. Sess.), § 35(b), eff. March 1, 1961; 2021, No. 10 , § 68.

History

Source. V.S. 1947, § 7170. 1945, No. 172 , § 2.

Amendments--2021. Section amended generally.

Amendments--1959 (Adj. Sess.). Section amended generally.

Cross References

Cross references. General veterans' benefits generally, see 38 U.S.C. § 301 et seq.

Readjustment and related benefits, see 38 U.S.C. § 3100 et seq.

§ 1484. Assistants; office space.

Subject to the approval of the Governor, the Adjutant and Inspector General may employ expert and clerical assistants as necessary to administer the functions and duties of the Adjutant and Inspector General with respect to veterans' affairs, and shall fix their compensation within the amounts made available by appropriation for those functions and duties.

Amended 1959, No. 329 (Adj. Sess.), § 35(c), eff. March 1, 1961; 2005, No. 85 (Adj. Sess.), § 1; 2021, No. 10 , § 69.

History

Source. V.S. 1947, § 7171. 1945, No. 172 , § 3.

Editor's note. The language in this section pertaining to establishment of the compensation of the assistants in the adjutant general's office by the adjutant general appears to be obsolete in view of the classification plan for state personnel provided for in § 301 et seq. of Title 3. See, in particular, § 310 of Title 3.

Amendments--2021. Substituted "Adjutant and Inspector General" for "adjutant general"; "expert and clerical assistants as necessary" for "such assistants, expert and clerical, as may be necessary"; "Adjutant and Inspector General with respect" for "adjutant general as"; and "for those functions and duties" for "therefor".

Amendments--2005 (Adj. Sess.). Deleted the last sentence.

Amendments--1959 (Adj. Sess.). Section amended generally.

ANNOTATIONS

1. Compensation.

The office of secretary or executive secretary of the state veterans' board was a position and type of employment in state government as set forth in 3 V.S.A. § 305 (now covered by 3 V.S.A. § 310) and was not an exempt position. 1948-50 Op. Atty. Gen. 177.

§ 1485. Cooperation with local organizations.

The Adjutant and Inspector General may cooperate with local organizations in the State to provide information and assistance for the purposes set forth in this chapter.

Amended 1959, No. 329 (Adj. Sess.), § 35(d), eff. March 1, 1961; 2021, No. 10 , § 70.

History

Source. V.S. 1947, § 7172. 1945, No. 172 , § 4.

Amendments--2021. Substituted "Adjutant and Inspector General” for "adjutant general”.

Amendments--1959 (Adj. Sess.). Section amended generally.

§ 1486. Acceptance of gifts, services, and facilities.

The Adjutant and Inspector General is authorized to accept gifts, services, and facilities from any source, public or private, granted in aid of the administration of the duties of the Adjutant and Inspector General, provided that no obligation is imposed by the acceptance.

Amended 1959, No. 329 (Adj. Sess.), § 35(e), eff. March 1, 1961; 2021, No. 10 , § 71.

History

Source. V.S. 1947, § 7173. 1945, No. 172 , § 5.

Amendments--2021. Substituted "Services" for "Service" in the section heading; substituted "Adjutant and Inspector General" for "adjutant general" in two places; inserted "that" following "provided"; deleted "thereby" preceding "imposed"; and inserted "by the acceptance" at the end.

Amendments--1959 (Adj. Sess.). Section amended generally.

§ 1487. Repealed. 2009, No. 33, § 83(i)(3).

History

Former § 1487. Former § 1487, relating to report of the adjutant general on activities and expenditures, was derived from V.S. 1947, § 7175; 1945, No. 172 , § 8 and amended by 1959, No. 329 (Adj. Sess.), § 35(f).

CHAPTER 83. RIGHTS AND PREFERENCES OF VETERANS

Sec.

Cross References

Cross references. Veterans' reemployment rights, see 38 U.S.C. § 4301 et seq.

§§ 1541 Repealed. 1965, No. 21, § 1, eff. July 1, 1967.

History

Former § 1541. Former § 1541, relating to state pay for military or naval service, was derived from 1955, No. 3 ; 1953, No. 176 ; 1951, No. 248 , §§ 1, 2.

The subject matter of the former section is now covered by § 1544 of this title.

§ 1542. Repealed. 1965, No. 21, § 2, eff. July 1, 1966.

History

Former § 1542. Former § 1542, relating to state pay for World War II service, was derived from V.S. 1947, § 7210; 1947, No. 142 , § 1; 1943, No. 145 , § 1; 1941, No. 179 , § 1; P.L. § 8057; G.L. § 6067; 1917, No. 168 , § 53; P.S. § 5077; V.S. § 4425; R.L. § 3778; G.S. 110, § 32.

Annotations From Former § 1542

1. Eligibility for payments.

The legislature in enacting Act No. 179 of the Laws of 1941, amending P.L. § 8057, which provided for state pay to enlisted men of the militia, the national guard and volunteers in the service of United States, by providing that such pay was to be received in the event of armed conflict, intended that state pay was no longer to be allowed for military service during peace-time. Parker v. Anderson, 112 Vt. 371, 25 A.2d 41 (1942).

A transfer by order of the war department of a man from active service in the United States army to control of the state was not an "honorable discharge" within meaning of that phrase in Act No. 179 of the Laws of 1941. Parker v. Anderson, 112 Vt. 371, 25 A.2d 41, Op. Atty. Gen. 54 (1942). See also 1940-42.

2. Payment of bonus to heirs.

The state bonus payable in connection with the death of a veteran who had no issue or surviving spouse and whose parents were divorced was payable in equal shares to his mother and father. 1942-44 Op. Atty. Gen. 51.

§ 1543. Preferences in appointment to State positions.

In certification for appointment, in appointment, in employing, in retention of employment position, whether in classified or unclassified civil service, whether for temporary or for extended time, wherever State funds furnish the payroll, preference shall be given to:

  1. ex-service personnel who served on active duty in any branch of the U.S. Armed Forces and have been separated from active duty under honorable conditions and who have established the present existence of a service-connected disability or who are receiving compensation or disability retirement benefits by reason of public laws administered by the U.S. Department of Veterans Affairs, or the U.S. Department of Defense;
  2. spouses of service-connected disabled ex-service personnel who have themselves been unable to qualify for any civil service appointment by reason of their disability;
  3. unmarried widows or widowers of deceased ex-service personnel who served on active duty in the U.S. Armed Forces during any war, or in any campaign or expedition for which a campaign badge has been authorized, or during the period specified in subdivision (5) of this section and who were separated from active duty under honorable conditions; and
  4. ex-service personnel who served on active duty in the U.S. Armed Forces, during any war, or in any campaign or expedition for which a campaign badge has been authorized, and have been separated from active duty under honorable conditions; and
  5. ex-service personnel who have served on active duty in the U.S. Armed Forces during the period beginning July 1, 1955, and have been separated from the U.S. Armed Forces under honorable conditions.

    Amended 1967, No. 268 (Adj. Sess.), § 1, eff. March 7, 1968; 1987, No. 174 (Adj. Sess.), § 6; 2021, No. 20 , § 146.

History

Source. V.S. 1947, § 7176. 1943, No. 169 .

Revision note. In subdiv. (3), substituted "subdivision (5) of this section" for "clause (5) of this section" following "specified in" to conform reference to V.S.A. style.

Amendments--2021. Section amended generally.

Amendments--1987 (Adj. Sess.). Subdiv. (1): Substituted "ex-service personnel" for "ex-servicemen and women" preceding "who have served".

Subdiv. (2): Substituted "spouses" for "wives" preceding "of such service-connected" and inserted "or women" following "ex-servicemen".

Subdiv. (3): Inserted "or widowers" following "widows" and substituted "ex-service personnel" for "ex-servicemen and women" following "deceased".

Subdiv. (4): Substituted "ex-service personnel" for "ex-servicemen and women" preceding "who have served".

Subdiv. (5): Substituted "ex-service personnel" for "ex-servicemen and women" preceding "who have served".

Amendments--1967 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Addition of points to competitive examination rating of veterans, see 3 V.S.A. § 310.

ANNOTATIONS

1. Constitutionality.

The use of additional points in fixing the final rating of applicants to afford preference to veterans otherwise equally qualified with nonveteran applicants is constitutional and does not result in a veteran being placed in an office when he is not qualified to perform its duties. 1946-48 Op. Atty. Gen. 399.

§ 1544. State pay for military service.

  1. Each enlisted man and woman in the military or naval forces of the United States subsequent to August 5, 1964 and not later than March 31, 1973, who resided in the state of Vermont at the time of his or her enlistment or induction into the service of the United States shall be entitled to receive from the state, in addition to the pay received from the federal government, the sum of $10.00 for each month not exceeding a total of twelve months served in such forces.  Payment may be made upon honorable discharge from service, or upon death in service, or upon honorable separation from active federal service; and in the case of the death of the enlisted man or woman after discharge and prior to the receipt of payment, it shall be paid to his or her spouse, or if there is no spouse living, to the next of kin who are lineal heirs.
  2. In case any enlisted man or woman dies while in service, his or her spouse, or if there is no spouse living, the next of kin who are lineal heirs, shall be entitled to receive from the state the sum of $120.00, except that if any claim is made under this section by a claimant other than a spouse or issue of the deceased, the claim shall not be paid for a period of nine months after the decease of such enlisted man or woman, and payment made by the state after such nine months' period shall be in and constitute full compliance with this section.
  3. No person shall receive compensation from the state of Vermont under this section if he or she enlisted with the armed services for a period of six months or less for the sole purpose of training.
  4. No person shall receive compensation from the state of Vermont for any service performed subsequent to the date that the President or the Congress of the United States declares that the so-called Vietnam action has ceased.

    Added 1969, No. 209 (Adj. Sess.), § 1, eff. March 24, 1970; amended 1973, No. 138 (Adj. Sess.), § 6, eff. Feb. 22, 1974.

History

Amendments--1973 (Adj. Sess.). Subsec. (a): Inserted "and not later than March 31, 1973" following "August 5, 1964".

ANNOTATIONS

Analysis

1. Construction generally.

The term "issue," as used in subsection (b) of this section, has reference to the children of the deceased and their legal representative, and would therefore include certain lineal heirs. 1970-72 Op. Atty. Gen. 179.

2. Determination of residence.

A college student from out-of-state who was an unmarried minor when inducted into the armed forces at a time prior to the 18 year old age of majority change was not a resident of Vermont when inducted and was not entitled to the benefits granted under this section. 1970-72 Op. Atty. Gen. 56.

3. Persons entitled to benefits .

This section contemplates "active duty" as a condition precedent to payment, such service to be continuous for more than six months; is directed to those who have, are, or will serve on active duty in Vietnam with units abroad or in this country for some duration; and is not intended to compensate national guardsmen or reserve personnel who participate in only limited periods of drill or training, even if those periods total six months or more. 1970-72 Op. Atty. Gen. 55.

A reservist ordered to active duty is entitled to payment under this section if the period of active duty exceeds six months, even if such duty consists only of training. 1970-72 Op. Atty. Gen. 55.

*4. Parents.

The parents of the deceased may present a death benefit claim under this section and thereby defeat a widow's claim if neither she nor any children can be located within the statutory period of nine months. 1970-72 Op. Atty. Gen. 179.

*5. Widows.

A widow's death benefit claim under this section is not defeated by her remarriage. 1970-72 Op. Atty. Gen. 179.

Annotations From Former § 1541

1. Determination of residence.

An enlisted man who resided in the state at the time of his enlistment could be considered to be a resident of the state, assuming that he had not elected by his actions to make residence elsewhere, irrespective of his parents' removal from the state while he was still a minor. 1954-56 Op. Atty. Gen. 24.

§ 1545. Vermont distinguished service medals.

  1. The Governor may present in the name of the State of Vermont a distinguished service medal, ribbon, lapel button, and certificate to an individual or the individual's spouse, child, parent, sibling, or grandchild if the individual is deceased, provided the individual meets all the following eligibility criteria:
    1. Served on federal active duty in the U.S. Armed Forces in a combat theater of operations during a war or emergency, as evidenced by service during any period of war prior to April 6, 1916; foreign service during World War I or World War II; or receipt of federal decorations showing combat-related service since January 1, 1947.
    2. Received an honorable discharge from federal active duty in the U.S. Armed Forces or died before separating from federal active duty in the U.S. Armed Forces or was declared missing in action by the U.S. Department of Defense; or is currently a member in good standing on federal active duty in the U.S. Armed Forces with more than four years of service.
    3. Is a current resident of Vermont or was a resident of Vermont at the time of entry into military service or was mobilized to federal active duty while a member of the Vermont National Guard or other reserve unit located in Vermont, regardless of the resident's home of record.
  2. The distinguished service medal shall conform to MIL-DTL-3943 and the State specification sheets; the ribbon shall conform to MIL-DTL-11589 as to quality and construction; and the lapel button shall conform to MIL-DTL-11484. The State specification sheets and original model shall be kept by the Secretary of State.
  3. Application for a distinguished service medal may be made to the Office of Veterans' Affairs. The Office of Veterans' Affairs shall also design, cast, and procure the distinguished service medals, and maintain and verify records and documents pertaining to the medals and awards. Approved applicants may choose to receive the medal by mail or in a ceremony with the Governor or a representative of the Governor.

    Added 1999, No. 155 (Adj. Sess.), § 12c; amended 2005, No. 100 (Adj. Sess.), § 1, eff. March 23, 2006; 2007, No. 155 (Adj. Sess.), § 1; 2021, No. 20 , § 147.

History

Amendments--2021. Subdivs. (a)(1), (a)(2): Amended generally.

Amendments--2007 (Adj. Sess.). Subdiv. (a)(3): Substituted "Is a current resident of Vermont or was" for "Was" at the beginning of the subdivision.

Amendments--2005 (Adj. Sess.). Section amended generally.

§ 1546. Vermont veterans' medal.

  1. The Office of Veterans' Affairs may present in the name of the State of Vermont a veterans' medal, ribbon, lapel button, and certificate to an individual or the individual's spouse, child, parent, sibling, or grandchild if the individual is deceased and the individual meets the following eligibility criteria:
    1. completed a minimum two-year tour of federal active duty in the U.S. Armed Forces, unless discharged for the convenience of the government or retired from a reserve component of the U.S. Armed Forces, and received an honorable discharge, died before separating from federal active duty in the U.S. Armed Forces, or was declared missing in action by the U.S. Department of Defense, or the individual is currently on federal active duty in the U.S. Armed Forces and in good standing with more than four years of service; and
    2. is a current resident of Vermont, a resident of Vermont at the time of entry into military service, or was mobilized to federal active duty while a member of the Vermont National Guard or other reserve unit located in Vermont, regardless of the individual's home of record.
  2. The veterans' medal shall conform to MIL-DTL-3943 and the State specification sheets, and shall be as follows: the obverse shall be a relief replica of the coat of arms of the State of Vermont, and shall have the words "Vermont National Defense" in a circular style with "1777" at the bottom and centered. The great seal of Vermont shall be the model for the reverse side. The ribbon shall conform to MIL-DTL-11589 as to quality and construction, and shall consist of the four primary colors of the Vermont coat of arms: green, blue, yellow, and red. The lapel button shall conform to MIL-DTL-11484. The State specification sheets and original model shall be kept by the Secretary of State.
  3. Application for a veterans' medal will be made to the Office of Veterans' Affairs. The Office of Veterans' Affairs shall also design, cast, and procure the veterans' medals and maintain and verify records and documents pertaining to the medals. Approved applicants may choose to receive the medal by mail or in a ceremony with a representative of the State of Vermont.

    Added 1999, No. 155 (Adj. Sess.), § 12d; amended 2005, No. 100 (Adj. Sess.), §§ 2, 3, eff. March 23, 2006; 2007, No. 155 (Adj. Sess.), § 2; 2021, No. 20 , § 148.

History

2021. - Subdiv. (a)(1): Amended generally.

Amendments--2007 (Adj. Sess.). Subsec. (a): Inserted "or retired from a reserve military component" following "convenience of the government" in subdiv. (1) and substituted "Is a current resident of Vermont" for "Was" at the beginning of subdiv. (2).

Amendments--2005 (Adj. Sess.). Section amended generally.

§ 1547. Patriot's medal.

  1. The governor, or designee, at an appropriate time and place, shall present the Vermont patriot's medal and accompanying certificate to the families of Vermont residents killed in action while serving in the armed forces after February 28, 1961.
  2. The medals and certificates, which shall be procured by the office of veterans' affairs, shall match as closely as possible the original sets of the medal first presented on September 21, 1996.
  3. The governor, or the governor's designee, at an appropriate time and place, shall present the Vermont patriot's medal and accompanying certificate to the family of a Vermont resident member or nonresident member of the Vermont national guard or other reserve unit located in Vermont, who is killed in action while serving in the armed forces after February 28, 1961.

    Added 2005, No. 86 (Adj. Sess.), § 1; amended 2005, No. 100 (Adj. Sess.), § 3, eff. March 23, 2006.

History

Amendments--2005 (Adj. Sess.). Subsec. (c): Added by Act No. 100.

§ 1548. Vermont Veterans' Fund.

  1. There is created a special fund to be known as the Vermont Veterans' Fund. This Fund shall be administered by the Military Department and shall be paid out in grants on the recommendations of a nine-member committee comprising:
    1. the Adjutant and Inspector General or designee;
    2. the Vermont Veterans' Home Administrator or designee;
    3. the Commissioner of Labor or designee;
    4. the Secretary of Human Services or designee;
    5. the Director of the White River Junction VA medical center or designee;
    6. the Director of the White River Junction VA benefits office or designee; and
    7. three members of the Governor's Veterans' Council to be appointed by that Council.
  2. The purpose of this Fund shall be to provide grants or other support to individuals and organizations:
    1. for the long-term care of veterans;
    2. to aid homeless veterans;
    3. for transportation services for veterans;
    4. to fund veterans' service programs; and
    5. to recognize veterans.
  3. The Vermont Veterans' Fund shall consist of revenues paid into it from the Vermont Veterans' Fund checkoff established in 32 V.S.A. § 5862e and from any other source. The Fund shall be managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Military Department for the purposes in subsection (b) of this section.
  4. As used in this section, "veteran" means a resident of Vermont who served on active duty in the U.S. Armed Forces or the Vermont National Guard or Vermont Air National Guard and who received an honorable discharge.

    Added 2009, No. 160 (Adj. Sess.), § 48, eff. June 4, 2010; amended 2013, No. 50 , § E.219.4.

History

Amendments--2013 Substituted "Military Department" for "state treasurer" in subsec. (a); added the second sentence of subsec. (c); and substituted "As used in" for "For purposes of" in subsec. (d).

CHAPTER 84. VERMONT VETERANS' MEMORIAL CEMETERY

Sec.

§ 1581. Vermont veterans' memorial cemetery advisory board.

  1. The Vermont veterans' memorial cemetery advisory board is created to advise the adjutant general on all matters relating to the establishment and operation of a Vermont veterans' memorial cemetery to be known as the Vermont Veterans' Memorial Cemetery.  The board shall consist of:
    1. The commissioner of the department of buildings and general services, who shall serve as chair of the board.
    2. One member of the senate who shall be appointed by the senate committee on committees.
    3. One member of the house who shall be appointed by the house speaker.
    4. Four individuals who represent veterans or are members of a veterans' organization, to be appointed by the governor for staggered terms of six years.
    5. One individual who represents the Vermont granite, Vermont slate, or Vermont marble industry selected by the governor for a six-year term.
  2. For each meeting, legislative members shall be entitled to receive compensation and reimbursement for expenses as provided under 2 V.S.A. § 406(a) .  The members representing veterans or from veterans' organizations shall be entitled to per diem as provided in 32 V.S.A. § 1010 and their necessary and actual expenses.

    Added 1989, No. 69 , § 1, eff. May 27, 1989; amended 1991, No. 256 (Adj. Sess.), § 24, eff. June 9, 1992; 1995, No. 148 (Adj. Sess.), § 4(c)(1).

History

Reference in text. 2 V.S.A. § 406(a), referred to in subsec. (b), was redesignated by 2019, No. 144 (Adj. Sess.), § 11(b). For current provisions, see 2 V.S.A. § 23.

Amendments--1995 (Adj. Sess.) Subdiv. (a)(1): Substituted "department of buildings and general services" for "department of state buildings".

Amendments--1991 (Adj. Sess.). Subdiv. (a)(5): Added.

§ 1582. Rules.

The Vermont veterans' memorial cemetery advisory board may adopt rules under the provisions of chapter 25 of Title 3 relating to acquisition of land, design of the cemetery, its buildings and grave markers, eligibility for burial and any other matters necessary to establish and maintain the Vermont veterans' memorial cemetery.

Added 1989, No. 69 , § 1, eff. May 27, 1989.

§ 1583. Adjutant general; powers and duties.

  1. The adjutant general, subject to available funds and with the advice of the Vermont veterans' memorial cemetery advisory committee, shall administer the creation, establishment, operation and maintenance of the Vermont veterans' memorial cemetery.
  2. The adjutant general may accept unconditional gifts, grants of money, services and facilities from any source, public or private, subject to the provisions of 32 V.S.A. § 5 .

    Added 1989, No. 69 , § 1, eff. May 27, 1989.

§ 1584. Cemetery location.

The Vermont veterans' memorial cemetery shall be located on approximately 100 acres of land, suitable for cemetery purposes, in the northerly portion of state-owned property known as the Langevin Farm in Randolph, Vermont.

Added 1989, No. 69 , § 1, eff. May 27, 1989.

§ 1585. Cemetery design.

The Vermont Veterans' Memorial Cemetery identified by section 1584 of this title shall be of contemporary design prepared by an experienced cemetery landscape architect, may accommodate approximately 1,000 graves per acre, and shall allow for freedom of choice by the family of a veteran, a veteran's spouse, and a veteran's minor child, who will be interred, of an upright or flat memorialization to mark the grave. Preference shall be given to the use of Vermont granite, Vermont slate, and Vermont marble for all memorialization. The Commissioner of Buildings and General Services shall request and facilitate the availability of memorialization from the U.S. Department of Veterans' Affairs.

Added 1991, No. 256 (Adj. Sess.), § 24a, eff. June 9, 1992; amended 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 2021, No. 20 , § 149.

History

Amendments--2021. Substituted "U.S." for "United States" preceding "Department" in the last sentence.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of state buildings" in the third sentence.

§ 1586. Interment of unclaimed remains of veterans.

The Vermont Veterans Memorial Cemetery shall accept and inter the unclaimed remains of an eligible veteran if:

  1. a funeral director or crematory operator has determined pursuant to 18 V.S.A. § 5227(c)(2) that interment of the veteran's remains in the Cemetery is appropriate; or
  2. the Office of the Chief Medical Examiner has determined pursuant to 18 V.S.A. § 5227(d)(4) that interment of the veteran's remains in the Cemetery is appropriate.

    Added 2019, No. 9 , § 1, eff. April 23, 2019.

CHAPTER 85. NEEDY VETERANS

Sec.

Cross References

Cross references. Burial benefits, see 38 U.S.C. § 2301 et seq.

Compensation for death or service-connected disability generally, see 38 U.S.C. §§ 1101 et seq., 1301 et seq., and 1501 et seq.

Hospital, nursing home, domicilliary, and medical care, see 38 U.S.C. § 1701 et seq.

§ 1601. Aid to needy veterans.

  1. The moneys annually available for the purposes of this chapter, or so much thereof as may be necessary, shall be expended under the supervision of the Vermont office of veterans' affairs at the direction of the adjutant general. The office of veterans' affairs shall disburse such funds, or such part thereof as may be necessary, in aiding, caring for and educating needy veterans and needy persons who are legal dependents of veterans. The office of veterans' affairs shall award funds to applicants approved for assistance based on criteria approved by the adjutant general. Monetary assistance will be given only to applicants who would not be better served by other state, federal or private assistance programs. The adjutant general shall determine conditions for eligibility and will ensure that the program is managed to the limit imposed by the available funding. The office of veterans' affairs shall submit an annual report to the adjutant general on all fund activities at the end of each fiscal year. In addition, the adjutant general will review all fund expenditures at least once per fiscal year.
  2. The office of veterans' affairs shall develop application and operating procedures for the fund, which must be approved by the office of the adjutant general. Any deviation from the application and operating procedures shall be approved by the adjutant general. The application and operating procedures shall be available for review by applicants, service providers and others that may have an interest in the fund.

    Amended 1959, No. 328 (Adj. Sess.), § 8(a), (b); 1983, No. 195 (Adj. Sess.), § 5(b); 2001, No. 116 (Adj. Sess.), § 8, eff. May 28, 2002.

History

Source. 1953, No. 78 , § 1. V.S. 1947, § 7125. P.L. § 3931. 1929, No. 62 , § 1. G.L. § 4227. 1917, No. 58 . 1917, No. 111 , § 1. 1912, No. 282 , § 1. 1910. No. 263, § 1.

Revision note. In two places in the fourth sentence, substituted "finance director" for "auditor of accounts" pursuant to 1959, No. 328 (Adj. Sess.), § 8(a), (b).

In two places in the fourth sentence, substituted "commissioner of finance" for "finance director" pursuant to 1971, No. 92 .

In two places in the fourth sentence, substituted "commissioner of finance and management" for "commissioner of finance and information support" in light of Executive Order No. 35, which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of that entity to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35, see chapter 1 of Title 3 Appendix.

Amendments--2001 (Adj. Sess.). Rewrote the section heading, designated existing provisions of section as subsec. (a), amended subsec. (a) generally, and added subsec. (b).

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" in two places in the fourth sentence.

ANNOTATIONS

Analysis

1. Eligibility for benefits .

To qualify for assistance under this section, a veteran must be both disabled and needy. 1964-66 Op. Atty. Gen. 314.

*2. Residence.

A person residing at Fort Ethan Allen was not qualified, as a resident of a town or city of this state, to receive the benefit of the aid provided by this section. 1946-48 Op. Atty. Gen. 383.

*3. Dependents.

The wife and expected child of a soldier serving with the armed forces of the United States who had not been honorably discharged was not eligible for assistance under this section. 1940-42 Op. Atty. Gen. 398.

4. Effect of removal from state.

If a widow who had been receiving aid under this section ended her established residence in the state, she was no longer entitled to relief. 1930-32 Op. Atty. Gen. 308.

§§ 1602-1604. Repealed. 2001, No. 116 (Adj. Sess.), § 9.

History

2012. Sections 1603 and 1604, repealed by 2001, No. 116 (Adj. Sess.), § 9, are inadvertently reprinted in the hardbound volume

Former §§ 1602-1604. Former § 1602, relating to the clerk and treasurer of soldiers' home committee, was derived from 1953, No. 78 , § 3; V.S. 1947, § 7127; P.L. § 3933; 1929, No. 62 , § 2; G.L. § 4228; 1917, No. 111 , § 2; 1912, No. 282 , § 2; 1910, No. 263 , § 2; P.L. § 3934; G.L. § 4229; 1917, No. 58 ; 1917, No. 111 , § 3; 1912, No. 282 , § 3; 1910, No. 263 , § 3; 1959, No. 328 (Adj. Sess.), § 8(b); and amended by 1983, No. 195 (Adj. Sess.), § 5(b).

Former § 1603, relating to application and procedure for veterans' aid, was derived from 1953, No. 78 , § 2; V.S. 1947, § 7126; P.L. § 3932. 1929, No. 62 , § 2; G.L. § 4228; 1917, No. 58 ; 1917, No. 111 , § 2; 1912, No. 282 , § 2; 1910, No. 263 , § 2.

Former § 1604, relating to burial expenses, was derived from 1953, No. 132 ; V.S. 1947, § 7124; 1943, No. 49 , § 1; 1937, No. 63 , § 1; 1935, No. 79 , § 1; 1935, No. 78 , § 1; P.L. § 3930; 1927, No. 61 , § 1; 1921, No. 13 , § 1; G.L. § 4226; 1917, No. 58 ; 1912, No. 131 ; 1910, No. 118 , § 1; 1908, No. 89 , § 1; P.S. § 3673; 1896, No. 124 , § 1; 1959, No. 328 (Adj. Sess.), § 8(a), (b); and amended by 1983, No. 195 (Adj. Sess.), § 5(b).

Annotations From Former § 1604

1. Determination of amount of payment.

This section has left to the discretion of the auditor of accounts (now commissioner of finance and management) the amount, up to $150.00, to be furnished by the state for the burial and headstone of a person coming within its terms. 1954-56 Op. Atty. Gen. 401.

§ 1605. Veteran education.

The office of veterans' affairs may use some, none, or all of the funds to educate needy veterans about programs and benefits that will provide more permanent solutions to their financial situation. Any use of funds for veteran education or program support shall be approved in advance by the adjutant general.

Added 2001, No. 116 (Adj. Sess.), § 8, eff. May 28, 2002.

CHAPTER 86. VIETNAM WAR ERA

Sec.

§ 1701. Term of Vietnam War era.

For purposes of the veterans' affairs archives, the term of the Vietnam War era shall be July 1, 1958 to May 15, 1975.

Added 1987, No. 25 , eff. April 30, 1987.

CHAPTER 87. VERMONT VETERANS' HOME

Sec.

History

History. 2003, No. 121 (Adj. Sess.), § 78, provides: "(a) The Vermont general assembly originally incorporated "The Trustees of the Soldiers' Home in Vermont" in No. 180 of the Acts of the 1884. Section 2 of the act authorized the trustees to "receive, hold, manage and convey such real and personal estate... as they may acquire by gift, grant, purchase or otherwise, for the purpose of maintaining in this State a home [for soldiers and sailors] under such conditions and regulations as the trustees may . . . prescribe."

"(b) On January 15, 1887, the land upon which the Vermont veterans' home currently sits was conveyed to the trustees by quitclaim deed of the Trenor W. Park Home for Destitute Children and Women, which was recorded in the Bennington land records at book 56, pages 436-40. The deed conveyed land and buildings to the trustees in trust, subject to a right of reversion to the grantor in the event the property ceased to be used to house soldiers. If the property reverted to the grantor, then the grantor would be required to reimburse the state for the appraised value of any "betterments and improvements" the state expended on the property. Failing that payment, the real estate and buildings would become the property of the state of Vermont "for such benevolent and charitable uses as the Legislature may direct."

"(c) In a decree dated May 27, 1964, the Bennington county chancery court granted the trustees' request to modify the terms of the trust created by the quitclaim deed. The chancery court decreed as follows:

"'1. That Eliza H. McCullough, Laura H. Jennings and Trenor L. Park, their heirs, executors, administrators and assigns and any and all persons claiming under them or any of them, have no present interest in the land and premises conveyed to the Trustees of the Soldiers' Home in Vermont by deed of Trenor W. Park Home for Destitute Children and Women, dated January 15, 1887 and recorded in Book 56 at pages 436-440 of the Bennington Land Records.

"2. That the Plaintiff, with the concurrence of the Attorney General of the State of Vermont, is hereby authorized to convey to Defendant, Mt. Anthony Union School District, also known as Mt. Anthony Union High School District (No. 14), an estate in fee simple absolute, in and to the lands described in Section 9 of Plaintiff's Petition, and as described in a certain Option Agreement between Plaintiff and Mt. Anthony Union School District dated the 10th day of January 1964.

"3. That the Plaintiff, with the concurrence of the Attorney General of the State of Vermont, is hereby authorized to transfer its water system including its reservoir, pipe line system and easements to the Village of Bennington or to any other person or corporation upon such terms and conditions as to them shall seem proper.

"4. That the Plaintiff, with the concurrence of the Attorney General of the State of Vermont, is hereby authorized to convey an estate in fee simple absolute or a lessor estate in any lands owned by Plaintiff and held by it under the aforesaid deed from Trenor W. Park Home dated January 15, 1887, upon which no betterments or permanent improvements have been placed at the expense of the Plaintiff by use of money donated by the State of Vermont or otherwise.

"5. That the Plaintiff shall hold the proceeds of any conveyance pursuant to the foregoing authority in trust for the use and purposes set forth in its charter and in the aforesaid deed from Trenor W. Park Home dated January 15, 1887, and subject to further order of this court.'"

"(d) Thus, the trustees hold title to the lands and buildings of the home, subject to the trust established by the original quitclaim deed, as modified by the 1964 decree. Under the terms of the decree, the trustees may convey title to unimproved land, with the concurrence of the attorney general, and must hold the funds obtained from the sale of land in trust for the purposes established by Act 180 and the quitclaim deed. If the trustees cease to operate the home for the benefit of veterans, then title to the real property would pass in accordance with the quitclaim deed, the decree, and any other pertinent provisions of law.

"(e) The general assembly amended Act 180 periodically, sometimes expanding the board's powers and other times vesting additional authority in the state. In 1971, the general assembly renamed the corporation known as "The Trustees of the Soldiers' Home in Vermont" as "The Veterans' Home in Vermont."

"(f) In the years since the board of trustees was first incorporated, the trustees have performed many essential duties for the home and the state, including:

"(1) Overseeing the operations of the home.

"(2) Setting resident admissions policies.

"(3) Establishing committees necessary for the efficient and effective operation of the home.

"(4) Raising, holding, and disbursing funds.

"(5) Advocating for the home and its residents and otherwise seeking the best care and services for residents of the home.

"(6) Selecting a commandant to serve as chief administrator of the home.

"(g) In the years since the general assembly first incorporated the trustees, the state has been involved with and has contributed to the home in many ways, including:

"(1) The home receives an annual appropriation which is recommended by the governor and appropriated by the general assembly.

"(2) The home annually submits a capital funding request for long-term maintenance, construction, renovation, and infrastructure improvements to the secretary of administration to be included in the governor's capital request.

"(3) State employees, hired within the state classification system, staff the day-to-day operations of the home.

"(4) The commandant, as an "officer of the executive branch," is entitled to receive the minimum starting salary set forth in 32 V.S.A. § 1003(b)(1)(JJ).

"(5) The trustees are entitled to receive compensation and expenses for those days they provide service on the board pursuant to 32 V.S.A. § 1010.

"(6) The department of buildings and general services assists the home to plan for and implement solutions to long-term and more immediate capital needs.

"(7) The home is statutorily "attached" to the agency of human services for administrative support pursuant to 3 V.S.A. § 3002(b).

"(h) By enacting 20 V.S.A. chapter 87, it is the intent of the general assembly to reflect the current status of the Vermont veterans' home and its board of trustees and to clarify ambiguities created by the many uncodified sections of law addressing these entities."

§ 1711. Definitions.

As used in this chapter:

  1. "Board" means the Vermont veterans' home board of trustees as set forth in section 1713 of this chapter.
  2. "Gift" means the trust created by the quitclaim deed of the Trenor W. Park Home for Destitute Children and Women dated January 15, 1887, as modified by the May 27, 1964 decree of the Bennington County chancery court.
  3. "Home" means the Vermont veterans' home as set forth in section 1712 of this chapter.
  4. "Trustees" means the individual members of the board.

    Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004.

§ 1712. Vermont veterans' home.

The Vermont veterans' home is a body corporate and politic and a public instrumentality of the state. The exercise by the home of the powers conferred by this chapter constitute the performance of essential governmental functions of the state.

Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004.

§ 1713. Vermont Veterans' Home Board of Trustees.

  1. The Vermont Veterans' Home is governed by the Vermont Veterans' Home Board of Trustees.
  2. The Board shall consist of 21 members:
    1. Twenty members shall be appointed by the Governor for staggered terms of three years, at least 15 of whom shall be veterans who have been honorably discharged from any branch of the U.S. Armed Forces. Each appointed trustee shall serve until a successor has been appointed. In the event an appointed trustee vacates the Board, is unable to serve, or is removed by the Governor for cause, the Governor shall appoint another trustee to serve the unexpired term of the departing trustee.
      1. One member of the Board shall be a classified employee who has at least five years of service at the Home. This trustee shall be elected by a secret ballot administered by the Board and cast by the classified employees of the Home. This trustee shall not vote in case of a real or apparent conflict of interest, shall serve a term of three years and until a successor is elected, and may be removed by the Governor for cause. (2) (A) One member of the Board shall be a classified employee who has at least five years of service at the Home. This trustee shall be elected by a secret ballot administered by the Board and cast by the classified employees of the Home. This trustee shall not vote in case of a real or apparent conflict of interest, shall serve a term of three years and until a successor is elected, and may be removed by the Governor for cause.
      2. The Board shall give notice of a vacancy of this trustee position and hold an election no more than 30 days from the notice date. In the event this trustee vacates the Board, is unable to serve, or is removed by the Governor for cause, the classified employees of the Home shall elect another classified employee of the Home to serve the remainder of the unexpired term.
  3. The Board shall elect annually a president, a vice president, and a secretary from among its members. Eleven members shall constitute a quorum at all meetings; provided, however, if there is a vacancy on the Board, the number of trustees constituting a quorum shall be one more than one-half the number of the remaining trustees.
  4. Pursuant to 32 V.S.A. § 1010 , trustees who are not State employees shall be entitled to per diem and reimbursement for actual and necessary expenses incurred in connection with performing their duties under this chapter.

    Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2013, No. 179 (Adj. Sess.), §§ E.342.1, E.342.2.

History

Amendments--2013 (Adj. Sess.). Subsec. (b): Amended generally.

Subdiv. (b)(1): Amended generally.

Subdivs. (b)(2)(A) and (b)(2)(B): Added.

Subsec. (c): Substituted "shall elect annually" for "shall annually elect" following "The Board" and "the remaining trustees" for "appointed trustees" at the end.

Repeal of sunset of subdivs. (b)(2)(A)-(B). 2013, No. 179 (Adj. Sess.), § E.342.2, which had provided for the repeal of subdivs. (b)(2)(A)-(B), effective July 1, 2017, was repealed by 2015, No. 58 , § E.342.1.

§ 1714. Powers and duties of the Board of Trustees.

Except as otherwise provided in this chapter, the Board shall have all powers necessary and convenient for governing the Home, providing services to veterans and other residents, and otherwise performing its duties under this chapter, including the authority to:

  1. Adopt policies, procedures, and bylaws regarding the operation of the Board and the operation and management of the Home.
  2. Receive, hold, accept, manage, and convey any interest in real or personal property acquired by the Home by gift, grant, purchase, devise, or otherwise for the purpose of managing the Home and providing services to veterans and such members of their families as the Board deems proper, under such conditions and rules as the Board may adopt. Included within the powers granted by this subdivision, and notwithstanding any other provision of law to the contrary, is the authority to apply and administer the real or personal property to further the purposes of the Home in accordance with the terms specified by gift, grant, or devise; provided, however, that in the absence of specified terms, the Board shall have the authority to apply and administer the property in the manner and for the purposes that the Board deems appropriate. Also included within the powers granted in this subdivision is the authority to hold title to the real property originally conveyed to the Trustees of the Soldiers Home in Vermont by the Trenor W. Park Home for Destitute Children and Women by quitclaim deed dated January 15, 1887, which shall be administered in the manner provided by the gift.
  3. By written procedure, establish, revise, and collect charges for residential room and board. Charges collected under this subdivision shall be credited to special funds, established and administered pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Home to offset the cost of providing services.
  4. Recommend for appointment by the Governor a licensed nursing home administrator to serve as the Chief Executive Officer of the Home. The Chief Executive Officer shall be appointed for an indefinite term and shall be subject to removal, after consultation with the Governor, upon a majority vote of the Board. The Chief Executive Officer shall be exempt from the State's classified service.
  5. Contract for professional services necessary and appropriate in a manner consistent with 3 V.S.A. chapter 14.
  6. Contract for managerial and administrative services, provided the contract is reviewed and either renewed or renegotiated each year by the Board in a manner consistent with 3 V.S.A. chapter 14.
  7. Contract with the federal Department of Veterans Affairs for services related to the purpose of the Home.
  8. [Repealed.]
  9. [Repealed.]
  10. Establish committees of the Board as necessary for the efficient and effective operation of the Home.
  11. Adopt rules in accordance with 3 V.S.A. chapter 25 for the purpose of administering the provisions of this chapter.
  12. Admit and care for veterans and other residents whose admission does not interfere with the Board's ability to serve its core mission of caring for veterans. No resident shall be admitted whose admission precludes federal funding or otherwise violates federal law or regulation governing the Vermont Veterans' Home.

    Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2013, No. 50 , § E.342.1; 2013, No. 179 (Adj. Sess.), § E.342.3; 2017, No. 113 (Adj. Sess.), § 137.

History

Amendments--2017 (Adj. Sess.) Subdiv. (2): Substituted "rules" for "regulations" following "conditions and" and "adopt" for "from time-to-time prescribe" following "Board may" in the first sentence, and deleted "contrary" preceding "provision of law" and inserted "to the contrary" thereafter, and inserted ", however," preceding "that in the absence" and "that" following "for the purposes" in the second sentence.

Amendments--2013 (Adj. Sess.). Subdiv. (3): Inserted ", established and administered pursuant to 32 V.S.A. chapter 7, subchapter 5," following "credited to special funds".

Subdiv. (4): Substituted "Chief Executive Officer" for "Commandant" in three places.

Subdiv. (5): Deleted "for accounting and managing gifts, grants, or devises acquired by the Home" following "necessary and appropriate".

Subdivs. (8) and (9): Repealed.

Amendments--2013 Inserted "and other residents" following "veterans" in the intro. par. and added subdiv. (12).

§ 1715. President of the board.

The president of the board shall:

  1. Preside over all meetings of the board and ensure adherence to bylaws adopted by the board.
  2. Act as agent of the home in the execution of all legal documents pertaining to the home, as authorized by the board.
  3. Report to the governor at least once annually on all matters concerning the board and the home.
  4. File annual audited financial statements with the commissioner of finance and management.

    Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004.

§ 1716. Chief Executive Officer.

The Chief Executive Officer shall be the chief administrative officer of the Home and shall exercise general supervision over the business and affairs of the Home. In addition to other duties, the Chief Executive Officer shall:

  1. Attend meetings of the Board and act as its treasurer.
  2. Make reports concerning the Home to the Board at such times and in such detail as the Board directs, together with recommendations the Chief Executive Officer deems appropriate for the welfare and care of the residents of the Home.
  3. Report annually to the Senate Committee on Economic Development, Housing and General Affairs and the House and Senate Committees on Appropriations regarding the Home's budget. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.
  4. Subject to approval of the Board, appoint a deputy or an executive assistant, a private secretary, a Marketing and Admissions Coordinator, a Financial Director, an Environmental Services Manager, and a Nursing Services Director, all of whom shall be appointed for an indefinite term and shall be subject to removal upon a majority vote of the Board. These positions shall be exempt from the State's classified service.
  5. Appoint all other employees necessary for the efficient management of the Home, all of whom shall be classified State employees subject to the provisions of Vermont statutes.
  6. Supervise and direct all employees of the Home and prescribe their duties not otherwise established by the Board or by State or federal law.
  7. Ensure that all laws, rules, and policies pertaining to the Home are observed.
  8. Prepare policies related to operation of the Home, subject to approval by the Board.
  9. Collect all sums due and payable to the Home and transfer the same to the State Treasurer when received.
  10. Perform such other duties as may be directed by the Board to carry out the purposes of this chapter.
  11. [Repealed.]

    Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2013, No. 179 (Adj. Sess.), § E.342.4; 2017, No. 113 (Adj. Sess.), § 138; 2017, No. 154 (Adj. Sess.), §§ 9, 25, eff. May 21, 2018; 2019, No. 72 , § E.342.

History

Amendments--2019. Subdiv. (11): Repealed.

Amendments--2017 (Adj. Sess.) Subdiv. (3): Act No. 154 amended generally.

Subdiv. (7): Act No. 113 deleted "regulations," following "rules".

Subdiv. (11): Act No. 154 substituted "and the Senate Committee on Appropriations" for "; the House Committees on Appropriations, on General, Housing and Military Affairs, and on Government Operations; and the Senate Committees on Appropriations, on Economic Development, Housing and General Affairs, and on Government Operations".

Amendments--2013 (Adj. Sess.). Section heading: Substituted "Chief Executive Officer" for "Commandant".

Intro. par.: Substituted "Chief Executive Officer" for "commandant" twice.

Subdiv. (2): Substituted "Chief Executive Officer" for "commandant" following "recommendations the".

Subdiv. (3): Substituted "legislative standing committees of jurisdiction" for "general assembly" following "Report annually to the".

Subdiv. (4): Substituted "a private secretary, a Marketing and Admissions Coordinator, a Financial Director, an Environmental Services Manager, and a Nursing Services Director, all of whom" for "and a secretary, both of whom" following "executive assistant,".

Subdiv. (5): Substituted "Appoint all other employees" for "Subject to approval of the board, appoint a director of nursing services, a personnel manager, a finance manager, a facilities manager, and all other staff" at the beginning.

Subdiv. (11): Added.

§ 1717. Management of funds.

  1. Notwithstanding the provisions of subdivision 1714(2) of this chapter, all funds of the Home, except residents' funds as described in subsection (e) of this section, shall be held by the State Treasurer and credited to appropriate accounts established in compliance with subsection (b) of this section and 32 V.S.A. § 401(a) .
  2. There are created one or more funds to be held in trust. To these funds shall be credited donations and endowments to the Home with and without specific restrictions on their use. Interest and earnings accruing to the funds created by this subsection shall be credited to the respective fund. The funds deposited pursuant to this subsection shall not be considered funds of the State and shall be used solely for the purposes of this chapter, subject to the terms and conditions of the gift and to the terms and conditions of the donation or endowment. Upon deposit with the State Treasurer's Office, the Home may request from the State Treasurer's Office and may retain locally up to $10,000.00 of donations and endowments, which may be expended consistent with their applicable terms and conditions, for supporting residents of the home. The funds shall be maintained in an account pursuant to 32 V.S.A. § 431 . The Chief Executive Officer shall make a report at each scheduled Board meeting of the locally retained donations and endowments. The report shall include any amounts requested by the Home from the State Treasurer's Office, the nature of the funds, the account balance, and any expenditures.
  3. Monies from the funds established by this section may be expended by the Home upon submission of vouchers, submitted at the direction and with the approval of the Board, to the Commissioner of Finance and Management in compliance with 32 V.S.A. § 463 , and issuance of warrants pursuant to 32 V.S.A. §§ 461 and 465. The Commissioner shall approve expeditiously any request for a release of funds if the request is in conformance with all applicable State law.
  4. On no less than a quarterly basis, the Chief Executive Officer of the Home shall provide a statement of account activity and fund balances to the Board.
  5. Notwithstanding the provisions of 32 V.S.A. chapter 7, subchapter 1, the Home is authorized to retain funds when acting in a trustee capacity for individual residents of the Home. Establishment and maintenance of accounts for this purpose shall be pursuant to 32 V.S.A. § 431 and any other relevant provisions of law.
  6. Grants, gifts, donations, loans, or other things of value may be accepted pursuant to the provisions of 32 V.S.A. § 5 .

    Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2013, No. 179 (Adj. Sess.), § E.342.5.

History

2011 In subsec. (a), substituted "1714(2)" for "1714(a)(2)" for purposes of clarity and to correct an error in the reference.

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Home" for "home not already managed in accordance with subchapter 1 of chapter 7 of Title 32" following "all funds of the" and "held by the State Treasurer and" for "transferred to the state treasurer to be" following "of this section, shall be".

Subsec. (b): Amended generally.

Subsec. (d): Substituted "Chief Executive Officer of the Home" for "treasurer" following "quarterly basis, the".

Subsec. (e): Substituted "Notwithstanding the provisions of 32 V.S.A. chapter 7, subchapter 1" for "Notwithstanding subchapter 1 of chapter 7 of Title 32" at the beginning, and deleted "those" following "authorized to retain".

Subsec. (f): Rewrote the subsec.

§§ 1718. [Reserved.].

  1. Except for purposes of collecting charges due under subdivision 1714(3) of this chapter, the Board shall have no independent authority to sue, be sued, complain, or defend in its own name or on behalf of the Home. The Attorney General shall represent the Board and the Home in all civil actions as provided by law. Outside legal counsel may be obtained with the concurrence of the Attorney General.
  2. Each Trustee shall be considered a "State employee" for purposes of 3 V.S.A. chapter 29 and an "employee of the State" for purposes of 12 V.S.A. chapter 189.
  3. The Home shall be entitled to the sovereign immunity of the State, except as waived by the State in 12 V.S.A. chapter 189 or in any other provision of law.

    Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2013, No. 179 (Adj. Sess.), § E.342.6.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "subdivision 1714(3) of this chapter" for "subdivision 1714(a)(3) of this title" following "charges due under".

§ 1720. Department of buildings and general services.

Unless otherwise directed by the general assembly, the commissioner of buildings and general services, after consultation with and concurrence of the board, shall:

  1. Supervise the engineering, construction, improvement, repair, alteration, demolition, and replacement of and addition to buildings, structures, and facilities of the home.
  2. Solicit bids and award contracts for the performance of engineering services for specific projects at the home.

    Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004.

§ 1719. Legal actions.

PART 5 Department of Public Safety

Cross References

Cross references. Agency of transportation generally, see 3 V.S.A. § 3102.

Emergency management, see chapter 1 of this title.

Municipal police, see 24 V.S.A. chapter 55.

Peace officers and investigators generally, see part 6 of this title.

Powers and duties of agency of transportation relating to administration of highway laws, see 19 V.S.A. chapter 1.

Powers and duties of agency of transportation relating to aeronautics and surface transportation generally, see 5 V.S.A. part 1.

Training of law enforcement officers, see part 6A of this title.

ANNOTATIONS

Cited. State v. Baldwin, 140 Vt. 501, 438 A.2d 1135 (1981).

CHAPTER 111. GENERAL PROVISIONS

Sec.

History

Department of Public Safety; 911 call-taking. 2015, No. 118 (Adj. Sess.), § 3 provides: "The Department of Public Safety shall continue to provide 911 call-taking services unless otherwise directed by legislative enactment."

Cross References

Cross references. Creation of department of public safety generally, see 3 V.S.A. § 212.

Organization and administration of department generally, see chapter 113, subchapter 1 of this title.

Severability of enactment. 1947, No. 163 , § 24 contained a severability provision applicable to provisions in this chapter.

§ 1811. Creation of department.

There is hereby created a department of public safety for the purpose of consolidating certain existing police and investigating agencies, to promote the detection and prevention of crime generally, and to participate in searches for lost or missing persons, and to assist in case of state-wide or local disasters or emergencies.

History

Source. 1949, No. 239 , § 1. V.S. 1947, § 10,188. 1947, No. 163 , § 1.

Cross References

Cross references. Creation of department of public safety generally, see 3 V.S.A. § 212.

ANNOTATIONS

1. Generally.

The commissioner of public safety cannot, as a matter of right, call on civil defense division and volunteer civil defense workers to participate in searches for lost or missing persons, or to assist in cases of statewide or local disasters or emergencies unless such matters are connected with civil defense as defined in § 2 of this title. 1954-56 Op. Atty. Gen. 249.

The commissioner is without authority to compensate civil defense personnel who voluntarily participate in searches and emergencies noncivil defense in nature, nor would such persons while so serving have any coverage from workmen's compensation benefits as described in § 21 of this title. 1954-56 Op. Atty. Gen. 249.

§ 1812. Definitions.

As used in this title, unless otherwise provided:

  1. "Commissioner" means the Commissioner of Public Safety.
  2. "Department" means the Department of Public Safety.
  3. "Employee" means a person employed by the Department.
  4. "Member" means a sworn employee assigned to the State Police.
  5. "State Police" means the sworn law enforcement officers who are employees of the Department.

    Amended 2017, No. 56 , § 3.

History

Source. V.S. 1947, § 10,189. 1947, No. 163 , § 2.

Editor's note. By the terms of § 4 of Title 23, certain definitions in that section may be applicable to part 5 of this title.

Amendments--2017. Section amended generally.

ANNOTATIONS

1. Employees.

Probationary troopers 2/c are "employees" of the state within the meaning of the definitions contained in this section. 1952-54 Op. Atty. Gen. 302.

§ 1813. Law enforcement duties generally.

The Department shall, in addition to the other law enforcement duties set forth in this title, administer and enforce the law pertaining to the following subjects:

  1. the patrol of highways and the operation of traffic thereon;
  2. [Repealed.]
  3. the Office of the State Fire Marshal.

    Amended 2021, No. 20 , § 150.

History

Source. 1949, No. 240 , § 1. V.S. 1947, § 10,190. 1947, No. 163 , § 3.

Editor's note. The functions formerly performed by the identification and records division of the department of public safety, to which reference is made in this section, are now performed by the Vermont criminal information center, which is also a part of the department of public safety. 1969, No. 290 (Adj. Sess.), provided for the repeal of §§ 2011-2021 of this title, relating to the identification and records division, and for the enactment of §§ 2051-2059 of this title, relating to the criminal information center.

Amendments--2021. Substituted "the other law" for "such other law", and substituted "set forth in this title" for "as are hereinafter set forth."

Subdiv. (2): Repealed.

Cross References

Cross references. Duties of commissioner of public safety generally, see § 1872 of this title.

Fire prevention and protection generally, see part 7 of this title.

Location of missing persons, see chapter 112 of this title.

Vermont crime information center, see chapter 117 of this title.

Regulation of motor vehicles generally, see Title 23.

ANNOTATIONS

Cited. State v. Amarantes, 143 Vt. 348, 465 A.2d 1383 (1983).

§ 1814. Cooperation generally.

The department shall cooperate and exchange information with any other department or authority of the state or with other police forces, both within and without this state, including federal authorities, for the purpose of preventing and detecting crime and apprehending criminals.

History

Source. V.S. 1947, § 10,209. 1947, No. 163 , § 19.

§ 1815. Availability of photographic prints or photostatic copies.

  1. Photographic prints taken by the department of public safety or photostatic copies of investigation reports or other material on file relating to motor vehicle accidents or fires, may be furnished to any interested person.
    1. Photographic prints related to accidents or fire investigations shall be $8.00 per print, and discs shall be $20.00 per disc.
    2. The commissioner of public safety is authorized to collect fees sufficient to recover the costs associated with the processing of photographic films for criminal justice agencies. Such costs include the cost of materials, labor and machine time related to the processing of films by the department.
    3. Copies of fire investigation reports shall be $20.00 per report. If the reports contain audiotape or videotape, the fee for each audiotape or videotape is $45.00.
    4. Investigation reports unrelated to fires or motor vehicle accidents may be furnished at the discretion of the commissioner when the commissioner determines that the release of the material would not be detrimental to the best interests of the department. The fee for each report is $20.00. If the reports contain audiotape or videotape, the fee for each audiotape or videotape is $45.00.
    5. Officers' reports of motor vehicle accidents which do not require a report to the commissioner of motor vehicles pursuant to 23 V.S.A. § 1129 may be sold for $20.00 per report.
  2. Fees collected under this section shall be credited to the sale of photos and reports special fund and shall be available to the department to offset the cost of providing the services.
  3. If a photostatic report furnished under this section exceeds 20 pages, the additional pages shall cost $0.05 per page and $0.33 per minute for staff time in excess of 30 minutes.

    Amended 1999, No. 49 , § 159; 2001, No. 143 (Adj. Sess.), § 35; 2005, No. 72 , § 18; 2009, No. 47 , § 1.

History

Source. 1949, No. 241 .

Amendments--2009. Subdiv. (a)(3): Substituted "is $45.00" for "shall be $20.00".

Subdiv. (a)(4): Substituted "when the commissioner determines that the release of the material" for "when the release of material" in the first sentence, "fee for each report is" for "fee for such reports shall be" in the second sentence, and "videotape is $45.00" for "videotape shall be $20.00" in the last sentence.

Amendments--2005 Subsec. (a): Substituted "$8.00" for "$5.00" and added "and discs shall be $20.00 per disc" in subdiv. (1); and substituted "$20.00" for "$15.00" in two places in subdivs. (3) and (4); and "$20.00" for "$10.00" in subdiv. (5).

Subsec. (c): Added.

Amendments--2001 (Adj. Sess.) Subdiv. (a)(3): Added the last sentence.

Subdiv. (a)(4): Added the last sentence.

Amendments--1999. Section amended generally.

Repeal of subdivs. (a)(1)-(5) and subsec. (b). 1999, No. 49 , § 160, provided that subdivs. (1) through (5) of subsec. (a) and subsec. (b) of this section were to sunset on July 1, 2000. However, 1999, No. 155 (Adj. Sess.), § 5, repealed that sunset provision.

ANNOTATIONS

1. Construction with other laws.

Under statutory law, motorboats and snowmobiles are not "motor vehicles" and accident reports relating to them and on file in the department of public safety are not available to the general public. 1970-72 Op. Atty. Gen. 389.

Cited. State v. Fox, 122 Vt. 251, 169 A.2d 356 (1961).

§ 1816. Construction.

This chapter and chapter 113 of this title shall be liberally construed to the end that the criminal laws may be efficiently enforced and offenders promptly and certainly apprehended.

History

Source. V.S. 1947, § 10,211. 1947, No. 163 , § 21.

Revision note. At the beginning of the section, substituted "This chapter and chapter 113" for "Chapters 111 and 113" to conform reference to V.S.A. style.

§ 1817. Reports of law enforcement officer; accidents involving alcohol.

Any law enforcement officer who, upon investigation of a motor vehicle accident or other incident involving the use of alcohol, shall inquire whether the person involved in the accident or incident was served or furnished alcoholic beverages at a licensed establishment and, if the officer determines that a person was served or furnished alcoholic beverages at a licensed establishment, the officer shall so inform the appropriate licensee or licensees in writing. A law enforcement officer shall not be subject to civil liability for an omission or failure to comply with a provision of this section.

Added 1987, No. 103 , § 6; amended 2017, No. 83 , § 149.

History

Amendments--2017. Substituted "alcohol" for "liquor" in the section heading; substituted "alcohol" for "intoxicating liquor" once and "alcoholic beverages" for "intoxicating liquor" twice; deleted "in writing" following "inform"; and inserted "in writing" following "licensees".

Cross References

Cross references. Availability of copies of accident investigation reports, see § 1815 of this title.

Civil liability for unlawful sale of intoxicating liquors, see 7 V.S.A. § 501.

§ 1818. Law Enforcement Advisory Board.

  1. The Law Enforcement Advisory Board is created within the Department of Public Safety to advise the Commissioner of Public Safety, the Governor, and the General Assembly on issues involving the cooperation and coordination of all agencies that exercise law enforcement responsibilities.  The Board shall review any matter that affects more than one law enforcement agency.  The Board shall comprise the following members:
    1. the Commissioner of Public Safety;
    2. the Director of the Vermont State Police;
    3. the Director of the Enforcement Division of the Department of Fish and Wildlife;
    4. the Director of the Enforcement and Safety Division of the Department of Motor Vehicles;
    5. the Chief of the Capitol Police Department;
    6. the Director of the Vermont Criminal Justice Services Division;
    7. a member of the Chiefs of Police Association of Vermont, appointed by the President of the Association;
    8. a member of the Vermont Sheriffs' Association, appointed by the President of the Association;
    9. a representative of the Vermont League of Cities and Towns, appointed by the Executive Director of the League;
    10. a member of the Vermont Police Association, appointed by the President of the Association;
    11. the Attorney General or designee;
    12. a State's Attorney appointed by the Executive Director of the Department of State's Attorneys and Sheriffs;
    13. the U.S. Attorney or designee;
    14. the Executive Director of the Vermont Criminal Justice Council;
    15. the Defender General or designee;
    16. one representative of the Vermont Troopers' Association or its successor entity, elected by its membership;
    17. a member of the Vermont Constables Association, appointed by the President of the Association; and
    18. a law enforcement officer, appointed by the President of the Vermont State Employees Association.
  2. The Board shall elect a chair and a vice chair, which positions shall rotate among the various member representatives. Each member shall serve a term of two years. The Board shall meet at the call of the Chair. A quorum shall consist of 10 members, and decisions of the Board shall require the approval of a majority of those members present and voting.
  3. The Board shall undertake an ongoing formal review process of law enforcement policies and practices with a goal of developing a comprehensive approach to providing the best services to Vermonters, given monies available. The Board shall also provide educational resources to Vermonters about public safety challenges in the State.
    1. The Board shall meet not fewer than six times a year to develop policies and recommendations for law enforcement priority needs, including retirement benefits, recruitment of officers, training, homeland security issues, dispatching, and comprehensive drug enforcement. (d) (1)  The Board shall meet not fewer than six times a year to develop policies and recommendations for law enforcement priority needs, including retirement benefits, recruitment of officers, training, homeland security issues, dispatching, and comprehensive drug enforcement.
    2. The Board shall present its findings and recommendations in brief summary form to the House and Senate Committees on Judiciary and on Government Operations annually on or before January 15.

      Added 2003, No. 122 (Adj. Sess.), § 85e; amended 2005, No. 71 , § 81a; 2011, No. 134 (Adj. Sess.), § 4; 2011, No. 139 (Adj. Sess.), § 19, eff. May 14, 2012; 2013, No. 141 (Adj. Sess.), § 9; 2019, No. 166 (Adj. Sess.), § 22, eff. Oct. 1, 2020 (redesignated from 24 V.S.A. § 1939 ).

History

2020 20 V.S.A. § 1818 (equipment of officers with video recording devices) was added by 2019, No. 154 (Adj. Sess.), § E.209.1 but was redesignated as section 1819 of this chapter to avoid conflict with 20 V.S.A. § 1818 as added by 2019, No. 166 (Adj. Sess.), § 22.

Amendments--2019 (Adj. Sess.) Section redesignated and amended generally.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(3): Substituted "Services Division" for "Support Division" following "Justice".

Subdiv. (a)(12): Deleted "his or her" preceding "designee".

Subdiv. (a)(14): Added.

Amendments--2011 (Adj. Sess.). Subsec. (d): Act No. 139 substituted "house and senate committees on judiciary" for "general assembly and the governor" in the last sentence.

Subsec. (e): Added by Act No. 134.

Amendments--2005 Subsec. (a): Added subdiv. (13).

Redesignation of section. This section was originally enacted as 24 V.S.A. § 1939 and was redesignated as section 1818 of this chapter pursuant to 2019, No. 166 (Adj. Sess.), § 23.

LEAB; recodification directive. 2019, No. 166 (Adj. Sess.), § 23 provides: "(a) 24 V.S.A. § 1939 is recodified as 20 V.S.A. § 1818. During statutory revision, the Office of Legislative Counsel shall revise accordingly any references to 24 V.S.A. § 1939 in the Vermont Statutes Annotated.

"(b) Any references in session law and adopted rules to 24 V.S.A. § 1939 as previously codified shall be deemed to refer to 20 V.S.A. § 1818."

§ 1819. Equipment of officers with video recording devices.

The Department shall ensure that all members assigned to the Vermont State Police Field Force Division who routinely engage with members of the public related to the enforcement of laws are equipped with a body camera or other video recording device on his or her person.

Added 2019, No. 154 (Adj. Sess.), § E.209.1, eff. Oct. 2, 2020.

History

2020 This section was originally enacted as 20 V.S.A. § 1818 by 2019, No. 154 (Adj. Sess.), § E.209.1 but was redesignated as section 1819 of this chapter to avoid conflict with 20 V.S.A. § 1818 as added by 2019, No. 166 (Adj. Sess.), § 22.

Prior version. 2019, No. 147 (Adj. Sess.), § 7 enacted a prior version of this section (equipment of officers with video recording devices) under the designation of 20 V.S.A. § 1818, eff. Oct. 1, 2020. However, 2019, No. 154 (Adj. Sess.), § E.209.3 repealed that prior version and § E.209.1 of that act enacted a new version of this section, eff. Oct. 2, 2020.

CHAPTER 112. MISSING PERSONS AND SEARCH AND RESCUE

History

Amendments--2013. 2013, No. 26 , § 1, eff. May 13, 2013, added "and search and rescue" in the chapter heading.

Cross References

Cross references. Vermont crime information center, see chapter 117 of this title.

Voluntary fingerprinting of minors, see chapter 203 of this title.

Subchapter 1. Missing Persons

§ 1820. Definitions.

As used in this chapter:

  1. "Missing person" means an individual:
    1. whose whereabouts is unknown; and
      1. with either a physical disability, a mental disability, or a developmental disability; or (B) (i) with either a physical disability, a mental disability, or a developmental disability; or
      2. who is an unemancipated minor.
  2. "Unemancipated minor" means an individual under the age of majority who has not married and who resides with a parent or legal guardian.

    Added 1985, No. 254 (Adj. Sess.), § 1, eff. June 4, 1986; amended 2013, No. 26 , § 1, eff. May 13, 2013.

History

Amendments--2013. Subdiv. (1): Added the subdiv. (A), (B), (B)(i), and (B)(ii) designations, rewrote (B)(i), and inserted "who is" preceding "an unemancipated minor" in (B)(ii).

Cross References

Cross references. Age of majority, see 1 V.S.A. § 173.

§ 1821. Missing person complaint.

  1. A person filing a missing person complaint with a law enforcement agency shall provide at a minimum the following information:
    1. the name, age, address, and identifying characteristics of the missing person;
    2. the length of time the person has been missing;
    3. the name of the complainant and the relationship of the complainant to the missing person; and
    4. any other relevant information provided by the complainant or requested by the law enforcement agency.
  2. All law enforcement personnel on active duty shall be promptly notified that the person is missing.

    Added 1985, No. 254 (Adj. Sess.), § 1, eff. June 4, 1986; amended 2021, No. 20 , § 151.

History

Amendments--2021. Subsec. (b): Substituted "promptly notified" for "notified forthwith."

Cross References

Cross references. Penalty for false report or false statement in report, see § 1826 of this title.

§ 1822. Missing person report.

Upon receiving a complaint, the law enforcement agency shall promptly prepare a missing person report. The report shall include all information contained in the missing person complaint and any information or evidence gathered by a preliminary investigation, if one was made.

Added 1985, No. 254 (Adj. Sess.), § 1, eff. June 4, 1986; amended 2021, No. 20 , § 152.

History

Revision note. At the beginning of the section, deleted subsec. (a) designation for purposes of conformity with V.S.A. style.

Amendments--2021. Substituted "promptly prepare" for "forthwith prepare" in the first sentence.

§ 1823. Dissemination of missing person report.

  1. Upon completion of the report, a copy shall promptly be forwarded to the Commissioner of Public Safety, all law enforcement agencies within the jurisdiction where the missing person lives or was last seen, and other law enforcement agencies that can reasonably be expected to be involved in any investigation.
  2. A copy of the report shall also be forwarded to:
    1. all law enforcement agencies to which the complainant reasonably requests the report be sent;
    2. any law enforcement agency requesting a copy of the missing person report; and
    3. all media in the region in which the missing person lives, or was last seen, unless such disclosure would impede an ongoing investigation or unless otherwise requested by the complainant.

      Added 1985, No. 254 (Adj. Sess.), § 1, eff. June 4, 1986; amended 2013, No. 26 , § 1, eff. May 13, 2013; 2021, No. 20 , § 153.

History

Amendments--2021. Subsec. (a): Substituted "promptly" for "forthwith".

Amendments--2013. Subsec. (a): Capitalized "commissioner of public safety" and inserted punctuation.

§ 1824. Searches for missing persons.

  1. A law enforcement agency shall commence a search for a missing person as soon as a report is received.
  2. Any rule specifying an automatic time limitation before commencing a missing person investigation shall be invalid.
  3. Notwithstanding any provision of law to the contrary, the search for a missing person whose whereabouts is unknown within the backcountry, remote areas, or waters of the State shall be conducted as provided in subchapter 2 of this chapter.

    Added 1985, No. 254 (Adj. Sess.), § 1, eff. June 4, 1986; amended 2013, No. 26 , § 1, eff. May 13, 2013.

History

Amendments--2013. Subsec. (c): Added.

§ 1825. Missing person complaints regarding unemancipated minors.

If a missing person complaint involves an unemancipated minor, including a runaway child as defined in 13 V.S.A. § 1311 , the law enforcement agency shall transmit the report, as soon as it is complete, to the Department of Public Safety for inclusion in the National Crime Information Center database.

Added 1985, No. 254 (Adj. Sess.), § 1, eff. June 4, 1986; amended 2001, No. 41 , § 3; 2013, No. 26 , § 1, eff. May 13, 2013.

History

Amendments--2013. Substituted "database" for "computer" at the end of the section.

Amendments--2001. Inserted "including a runaway child as defined in section 1311 of Title 13" following "unemancipated minor".

§ 1826. False information on missing person.

A person who knowingly makes a false report of a missing person or knowingly makes a false statement in the report shall be fined not more than $1,000.00.

Added 1985, No. 254 (Adj. Sess.), § 1, eff. June 4, 1986.

§ 1827. Commissioner of Public Safety; cooperation.

The Commissioner of Public Safety shall cooperate with and support all law enforcement agencies in this State in matters relating to missing persons. When necessary to protect a missing person from harm, the Commissioner shall coordinate local and State efforts to search for and rescue the missing person.

Added 1985, No. 254 (Adj. Sess.), § 1, eff. June 4, 1986; amended 2003, No. 66 , § 95b; 2013, No. 26 , § 1, eff. May 13, 2013.

History

Amendments--2013 Capitalized terms throughout.

Amendments--2003. Substituted "shall" for "may" following "commissioner" and inserted "and rescue" following "search for".

§ 1828. Vermont Amber Alert Program.

The Department of Public Safety shall establish the Vermont Amber Alert Program to aid in the identification and location of abducted children. The Department shall administer the program pursuant to the following:

  1. A law enforcement agency that verifies the abduction of a child shall notify the Department of Public Safety.
  2. The Department shall establish a procedure for verifying the need to issue an Amber Alert.
  3. The Department of Public Safety shall issue an alert over the Vermont Emergency Alert System if:
    1. a law enforcement agency notifies the Department of the abduction of a child;
    2. there is sufficient information about the child or the person suspected of abducting the child that an immediate broadcast might help locate the child; and
    3. the child is in danger of imminent death or serious bodily harm.
  4. An alert issued under this section shall be sent to the Federal Communications Commission's designated state Emergency Alert System broadcaster in Vermont. Participating radio and television stations shall broadcast the alert at intervals established by the Department. The alert shall include all information that the Department determines may assist in the safe recovery of the abducted child and instructions explaining how a person with information related to the abduction may contact a law enforcement agency.
  5. A law enforcement agency that locates a child who is the subject of an alert issued under this section shall immediately notify the law enforcement agency that requested the Amber Alert.
  6. An alert issued under this section shall be canceled:
    1. if the Department notifies the Federal Communications Commission's designated state Emergency Alert System broadcaster in Vermont that the child has been located; or
    2. at the expiration of a notification period specified by the Department.
  7. A radio or television station that accurately broadcasts information pursuant to this section shall not be liable for civil damages as a result of the broadcast of such information.

    Added 2003, No. 33 , § 1, eff. May 22, 2003; amended 2013, No. 26 , § 1, eff. May 13, 2013.

History

Amendments--2013. Capitalized terms throughout.

Subchapter 2. Search and Rescue

History

Amendments--2013. 2013, No. 26 , § 1, eff. May 13, 2013, added the Subchapter 2 designation.

§ 1841. Definitions.

As used in this chapter:

  1. "Public safety agency" means any municipal, county, or State agency or organization within the State that specializes in protecting the safety of the public and includes municipal police and fire departments, volunteer fire departments, county sheriffs, and constables who exercise law enforcement authority.
  2. "Search and rescue" means the deployment, coordination, and utilization of available resources and personnel in locating, relieving the distress, and preserving the lives of and removing persons who are missing or lost in the backcountry, remote areas, or waters of the State.

    Added 2013, No. 26 , § 1, eff. May 13, 2013.

§ 1842. Commissioner of Public Safety; jurisdiction over search and rescue operations; coordination.

  1. The Commissioner of Public Safety shall have jurisdiction over all search and rescue operations.
    1. The Commissioner shall cooperate with and support all public safety agencies and any nonpublic entities that specialize in protecting the safety of the public in this State in matters relating to search and rescue operations. When necessary to protect a person missing in the backcountry, remote areas, or waters of the State from harm, the Commissioner shall coordinate local, county, State, and any nonpublic efforts to search for and rescue that person. (b) (1)  The Commissioner shall cooperate with and support all public safety agencies and any nonpublic entities that specialize in protecting the safety of the public in this State in matters relating to search and rescue operations. When necessary to protect a person missing in the backcountry, remote areas, or waters of the State from harm, the Commissioner shall coordinate local, county, State, and any nonpublic efforts to search for and rescue that person.
    2. The Commissioner shall specifically coordinate with game wardens in the Department of Fish and Wildlife as needed to search for and rescue a person missing or lost in the backcountry, remote areas, or waters of the State.

      Added 2013, No. 26 , § 1, eff. May 13, 2013.

§ 1843. Incident command system; training.

  1. The Commissioner shall ensure that all search and rescue operations are conducted using the incident command system in order to provide the seamless integration of all responding search and rescue agencies and organizations. Incident command is a standardized, on-scene approach to incident management that allows all responders to adopt a collaborative, integrated organizational structure while respecting agency and jurisdictional authorities.
  2. All Search and Rescue Team members within the Department of Public Safety shall maintain equipment standards and high-level search and rescue training and training on the incident command system as established by the Search and Rescue Council set forth in section 1847 of this subchapter. The Search and Rescue Team shall regularly conduct search and rescue training with collaborating agencies and organizations with the goal of continually refining search and rescue operations.

    Added 2013, No. 26 , § 1, eff. May 13, 2013.

§ 1844. Search and Rescue Coordinator.

  1. The Search and Rescue Coordinator shall be responsible for the general support of search and rescue operations conducted in the State. The Search and Rescue Coordinator shall be a permanent classified position within the Department of Public Safety and shall not be a law enforcement officer.
  2. The duties of the Coordinator shall include:
    1. assessing and populating with resources the database set forth in section 1846 of this subchapter as provided in that section;
    2. maintaining records of all search and rescue operations reported to the Department, including the date of the operation, the resources that assisted in the operation, and the result of the operation;
    3. maintaining records of all training completed by the Search and Rescue Team; and
    4. communicating with public safety agencies and any nonpublic entities that specialize in protecting the safety of the public regarding search and rescue training and equipment standards.

      Added 2013, No. 26 , § 1, eff. May 13, 2013.

§ 1845. Search and rescue report; response.

  1. Report of a person missing; response.
    1. A law enforcement agency taking a report of any person missing in the backcountry, remote areas, or waters of the State shall immediately:
      1. respond and take immediate action to locate the person reported missing; and
      2. notify the Department of Public Safety to advise of the situation.
    2. Any other public safety agency or a nonpublic entity that specializes in protecting the safety of the public and is included in the search and rescue database set forth in section 1846 of this subchapter that takes a report of any person missing in the backcountry, remote areas, or waters of the State:
      1. shall immediately notify the Department of Public Safety to advise of the situation; and
      2. may respond and take immediate action to locate the person reported missing.
  2. Department of Public Safety response.
    1. When provided with a report of a person missing in the backcountry, remote areas, or waters of the State, the Department shall ensure that notification is made to its Search and Rescue Team and the Team, in consultation with the entity providing the report, shall determine the appropriate level of response needed based on best practices in search and rescue operations. The Department shall also ensure that notification is made to any municipal police and fire departments of the town in which the person is missing, any volunteer fire departments of that town, and any emergency medical service providers of that town that are in the search and rescue database.
    2. The Department shall ensure that an immediate response to any report of a person missing in the backcountry, remote areas, or waters of the State is made, including immediate action to locate the person reported missing.

      Added 2013, No. 26 , § 1, eff. May 13, 2013.

§ 1846. Search and rescue database.

The Department of Public Safety shall populate and use a search and rescue database as set forth in this section.

  1. The Search and Rescue Coordinator, on a geographic basis, shall identify all agencies and organizations having specific search and rescue response capability. The points of contact for each agency and organization having specific search and rescue capability shall be compiled and entered into the search and rescue database. The database shall be updated on a regular basis by the Search and Rescue Coordinator.
  2. When the Search and Rescue Team determines that additional resources are necessary to respond to a search and rescue operation, the Team shall use this database in order to deploy properly those additional resources.

    Added 2013, No. 26 , § 1, eff. May 28, 2013.

§ 1847. Repealed. 2017, No. 10, § 1.

History

Former § 1847. Former § 1847, relating to the Search and Rescue Council, was derived from 2013, No. 26 , § 1.

§ 1848. False report or statement.

A person who knowingly makes a false report of a person missing in the backcountry, remote areas, or waters of the State or knowingly makes a false statement in the report shall be fined not more than $1,000.00.

Added 2013, No. 26 , § 1, eff. May 13, 2013.

CHAPTER 113. COMMISSIONER AND MEMBERS

Cross References

Cross references. Department of public safety generally, see part 5 of this title.

Vermont criminal information center, see chapter 117 of this title.

History

Severability of enactment. 1947, No. 163 , § 24, contained a severability provision applicable to provisions in this chapter.

Subchapter 1. General Provisions

§ 1871. Department of Public Safety; Commissioner.

  1. The Department of Public Safety, created by 3 V.S.A. § 212 , shall include a Commissioner of Public Safety.
  2. The head of the Department shall be the Commissioner of Public Safety, who shall be a citizen of the United States and shall be selected on the basis of training, experience, and qualifications. The Commissioner shall be appointed by the Governor, with the advice and consent of the Senate.
  3. The Commissioner of Public Safety may contract for security and related traffic control, and receive reimbursement for reasonable costs which shall include costs associated with providing personnel, benefits, equipment, vehicles, insurances and related expenses. These reimbursements shall be credited to a special fund established pursuant to 32 V.S.A. chapter 7, subchapter 5, and be available to offset costs of providing those services.
  4. The Commissioner of Public Safety shall collect fees for the termination of alarms at State Police facilities and for response to false alarms.
  5. Termination Fees:
    1. The termination fee for a single dedicated circuit alarm at a State Police facility will be $250.00 per user per year.
    2. An alarm company or monitoring service that is authorized to install a multi-unit alarm panel at a State Police facility will be assessed a fee of $25.00 per alarm with a minimum fee of $250.00 per panel per year.
    3. An individual or business who programs a tape dialer or other automatic notification device to transmit a voice message to a State Police facility, informing the police of a burglary or other emergency, must register such dialer with the State Police facility and will be assessed a registration fee of $50.00 per year. The fee includes an onsite inspection by a member of the State Police.
    4. If State Police respond to an alarm and it is found that the alarm was transmitted by an unregistered tape dialer or similar notification device, a registration fee of $50.00 will be assessed subsequent to that response. Unpaid registration fees are considered to be alarms in default and handled in accordance with the provisions of the section on response terminations.
  6. False Alarms:
    1. A false alarm is notification given to the State Police by electronic or telephonic means that an emergency situation exists, when an emergency or other circumstance that could be perceived as an emergency does not exist and to which the State Police have responded.
    2. Alarm periods shall be based on the calendar year, January 1 through December 31.
    3. The first false alarm in an alarm period shall be at no cost. The second false alarm in the alarm period shall be assessed at $50.00 and each successive false alarm in the same alarm period shall be assessed at $75.00.
  7. Response Terminations:
    1. Alarm fees which have been assessed and not paid for a period of 60 days from the date of the last billing are considered alarms in default and the State Police station commander, with the concurrence of the State Police troop commander, may notify the alarm holder that the State Police will no longer respond to alarms at that location as long as the alarm holder is in default.
    2. When in the opinion of the station commander, with the concurrence with the troop commander, there exists a chronic false alarm problem which the alarm holder appears not to have taken reasonable measures to correct, the station commander may send notification that the State Police will no longer respond to alarms at that location until the problem is corrected even if the alarm holder is not in default on fees assessed.
  8. Appeal:  An alarm holder may appeal a decision of the station commander to the troop commander.
  9. The Commissioner of Public Safety may enter into contractual arrangements to perform dispatching functions for State, municipal, or other emergency services.
  10. Charges collected under subsections (e), (f), and (i) of this section shall be credited to the Vermont Law Telecommunications Special Fund and shall be available to the Department to offset the costs of providing the services.

    Amended 1959, No. 329 (Adj. Sess.), § 36, eff. March 1, 1961; 1985, No. 4 , eff. March 9, 1985; 1995, No. 178 (Adj. Sess.), § 342, eff. May 22, 1996; 1995, No. 186 (Adj. Sess.), § 8, eff. May 22, 1996; 1999, No. 49 , § 161; 1999, No. 66 (Adj. Sess.), § 49, eff. Feb. 8, 2000; 2005, No. 209 (Adj. Sess.), § 30; 2019, No. 166 (Adj. Sess.), § 25, eff. Oct. 1, 2020.

History

Source. V.S. 1947, § 10,191. 1947, No. 163 , § 4.

Revision note. Redesignated subsec. (c) as added by Act No. 186, § 8, as subsec. (d) to avoid conflict with subsec. (c) as previously added by Act No. 178, § 342.

Amendments--2019 (Adj. Sess.). Subsec. (b): Substituted "Senate" for "senate, for a term of six years" at the end.

Subsec. (i): Deleted ", establishing charges sufficient to recover the costs of dispatching" at the end of the first sentence and deleted the second sentence.

Amendments--2005 (Adj. Sess.). Subsec. (a): Deleted "the Vermont emergency management board created under section 4 of this title, and the boxing control board created under section 101 of Title 31" from the end.

Amendments--1999 (Adj. Sess.). Subsec. (i): Added the second sentence.

Amendments--1999 Subsec. (d): Rewrote the subsec.

Subsecs. (e)-(j): Added.

Amendments--1995 (Adj. Sess.) Subsec. (c): Added by Act Nos. 178 and 186.

Amendments--1985. Subsec. (a): Substituted "Vermont emergency management board" for "civil defense board" preceding "created under section 4".

Amendments--1959 (Adj. Sess.). Designated the existing provisions of the section as subsec. (b) and added subsec. (a).

Department of Public Safety; prohibition on new charges to perform dispatch functions until fee structure enacted. 2019, No. 166 (Adj. Sess.), § 26(a) provides: "In accordance with the amendments to 20 V.S.A. § 1871(i) set forth in Sec. 25 of this act, the Department of Public Safety shall not charge fees in any contractual arrangements it enters into to perform dispatching functions for State, municipal, or other emergency services until the General Assembly establishes in law a dispatch fee structure for those charges."

ANNOTATIONS

Cited. State v. Lynch, 137 Vt. 607, 409 A.2d 1001 (1979).

§ 1872. Duties of Commissioner generally.

The Commissioner shall be the chief enforcement officer of all the statutes and rules pertaining to the law of the road and the display of lights on vehicles. In addition, the Commissioner shall supervise and direct the activities of the State Police and of the Vermont Crime Information Center and, as Fire Marshal, be responsible for enforcing the laws pertaining to the investigation of fires, the prevention of fires, the promotion of fire safety, and the delivery of fire service training.

Amended 1973, No. 214 (Adj. Sess.), § 7; 2003, No. 141 (Adj. Sess.), § 2, eff. April 1, 2005; 2021, No. 20 , § 154.

History

Source. 1949, No. 240 , § 2. V.S. 1947, § 10,192. 1947, No. 163 , § 4.

Revision note. In the second sentence, substituted "Vermont criminal information center" for "identification and records division." 1969, No. 290 (Adj. Sess.), provided for the repeal of §§ 2011-2021 of this title, relating to the identification and records division, and for the enactment of §§ 2051-2059 of this title, relating to the criminal information center.

Amendments--2021. Substituted "and rules" for "rules and regulations" in the first sentence.

Amendments--2003 Substituted "the commissioner" for "thereto he" and added "the prevention of fires, the promotion of fire safety, and the delivery of fire service training" in the second sentence.

Amendments--1973 (Adj. Sess.). Deleted "and prevention" preceding "of fires" in the second sentence.

Cross References

Cross references. Duties of commissioner as to director of emergency management, see § 3 of this title.

Duties of commissioner as fire marshal, see § 2681 of this title.

Duties of commissioner as to disposition of unlawful firearms, see chapter 145 of this title.

Motor vehicle law generally, see Title 23.

State police generally, see chapter 113, subchapter 2 of this title.

ANNOTATIONS

Cited. State v. Amarantes, 143 Vt. 348, 465 A.2d 1383 (1983).

§§ 1872a Repealed. 2009, No. 33, § 83(i)(4).

History

Former § 1872a. Former § 1872a, relating to reference to reports on the radiological emergency response plan fund and DUI enforcement, was derived from 2003, No. 122 (Adj. Sess.), § 294t.

§ 1873. Repealed. 2019, No. 166 (Adj. Sess.), § 25, eff. Oct. 1, 2020.

History

Former § 1873. Former § 1873, relating to removal of Commissioner, was derived from V.S. 1947, § 10,193 and 1947, No. 163 , § 4.

Annotations From Former § 1873

1. Construction with other laws.

The provisions of section 2004 of Title 3, providing that notwithstanding any other provision of law, commissioners of state departments appointed by the governor shall serve at his pleasure, being later in time of enactment than this section, governed the removal of the commissioner of public safety since the statutes were in irreconcilable conflict and the more recent one was the latest expression of the legislative will. State v. Lynch, 137 Vt. 607, 409 A.2d 1001 (1979).

Section 2004 of Title 3 controlled the governor's removal of the commissioner of public safety and did not require the governor to require the advice and consent of the senate before removing the commissioner from office. State v. Lynch, 137 Vt. 607, 409 A.2d 1001 (1979).

§ 1874. Organization of Department by Commissioner.

  1. The Commissioner, with the approval of the Governor, shall so organize and arrange the Department as will best and most efficiently promote its work and carry out the objectives of this chapter. To that end, the Commissioner may, with the Governor's approval, create, rearrange, and abolish divisions, establish grades, ranks, and positions to be held by members, and formulate, put into effect, alter, and repeal rules for the administration of the Department.
  2. The Commissioner may, in accordance with the rules adopted by him or her, designate or change the rank or grade to be held by a member. The Commissioner may assign or transfer members to serve at such stations and, within the limits of this chapter or other existing law, to perform such duties as he or she shall designate. The Commissioner may determine what members other than State Police shall give bonds, and prescribe the conditions and amount of the bonds.

    Amended 2005, No. 209 (Adj. Sess.), § 31; 2021, No. 20 , § 155.

History

Source. V.S. 1947, §§ 10,194, 10,195. 1947, No. 163 , §§ 5, 10.

Editor's note. To the extent that this section authorizes the commissioner of public safety to adopt a plan of classification, and salary structure, for employees of the department generally it appears to be superseded by § 310 of Title 3. With regard to positions in the uniformed state police, such positions are deemed to be within the classified service for purposes of job evaluation and assignment of position classes to salary ranges only. See § 311(b) of Title 3. The authority of the commissioner of public safety with regard to appointment, promotions and transfers of state police personnel are provided in §§ 1911 and 1921 et seq. of this title.

Amendments--2021. Subsec. (a): Substituted "the Governor's" for "such"; and deleted "and regulations" following "rules" in the second sentence.

Subsec. (b): Deleted "from time to time" following "may" in the first sentence; and added "of the bonds" in the last sentence.

Amendments--2005 (Adj. Sess.). Subsec. (a): Substituted "the commissioner" for "he" in the second sentence.

Subsec. (b): Substituted "rules adopted by him or her" for "rules and regulations promulgated by him" in the first sentence, added "or she" following "he" in the second sentence, and in the second and third sentences, substituted "The commissioner" for "He".

Cross References

Cross references. Adoption of rules generally, see 3 V.S.A. chapter 25.

Classification of state personnel generally, see 3 V.S.A. chapter 13.

Criminal information center, see chapter 117 of this title.

Office of internal investigation, see § 1923 of this title.

Personnel administration of state police, see chapter 113, subchapter 3 of this title.

State police generally, see chapter 113, subchapter 2 of this title.

ANNOTATIONS

1. Rulemaking authority.

This section does not give the commissioner authority to pay a member of the department his full salary during periods of disability incurred in the line of duty. 1954-56 Op. Atty. Gen. 243.

§ 1875. Radio communication system.

  1. The Commissioner shall establish a communication system as will best enable the Department to carry out the purposes of this chapter. This shall include a radio set furnished, on written request, to the sheriff and State's Attorney of each county on a memorandum receipt.
    1. The Commissioner may charge to all users of telecommunications services managed, maintained, or operated by the Department for the benefit of the users a proportionate share of the actual cost of providing the services and products inclusive of administrative costs. (b) (1)  The Commissioner may charge to all users of telecommunications services managed, maintained, or operated by the Department for the benefit of the users a proportionate share of the actual cost of providing the services and products inclusive of administrative costs.
    2. Such charges shall be based on a pro rata allocation of the actual costs of services or products, determined in an equitable manner, which shall be representative of services provided to or system usage by individual units of government, including State, local, and federal agencies or private nonprofit entities.
    3. Such charges shall be credited to the Vermont Law Telecommunications Special Fund and shall be available to the Department to offset the costs of providing the services.

      Amended 1967, No. 48 , § 1, eff. March 23, 1967; 1969, No. 266 (Adj. Sess.), § 3, eff. April 8, 1970; 1999, No. 49 , § 162; 2019, No. 166 (Adj. Sess.), § 25, eff. Oct. 1, 2020.

History

Source. V.S. 1947, § 10,203. 1947, No. 163 , § 6.

Amendments--2019 (Adj. Sess.). Subsec. (b): Added the subdiv. (1)-(3) designations and in subdiv. (3), substituted "Vermont Law Telecommunications Special Fund" for "Vermont communication system special fund".

Amendments--1999 Designated the existing text as subsec. (a), deleted "with the approval of the governor" preceding "shall establish" and substituted "a" for "such a radio" thereafter, and added subsec. (b).

Amendments--1969 (Adj. Sess.). Reenacted the section without change.

Amendments--1967. Inserted "on written request" following "furnished" and "and state's attorney" following "sheriff" in the second sentence.

§ 1876. Headquarters and stations; equipment.

The Commissioner shall establish headquarters and stations in such localities as he or she deems advisable for the enforcement of the laws of the State, and to that end, within the limits of appropriations, he or she may lease, or otherwise acquire, in the name of the State the right to use and maintain lands and buildings, and may purchase or otherwise acquire horses, motor equipment, and other supplies including radio and all other equipment and services the Commissioner deems essential for the needs of the Department or its members in carrying out their duties. The Commissioner may discontinue a headquarters or station, where he or she determines such action to be desirable. The Commissioner may sell such property as shall have become unnecessary or unfit for further use, and all monies received from the sale shall be paid into the State Treasury and credited to the appropriation for the Department.

Amended 2021, No. 20 , § 156.

History

Source. V.S. 1947, § 10,204. 1947, No. 163 , § 14.

Amendments--2021. Section amended generally.

Cross References

Cross references. Department of buildings and general services, see 29 V.S.A. chapter 5.

ANNOTATIONS

Analysis

1. Responsibility for headquarters.

The word "headquarters" as used in this section referred to district headquarters, not to the main administrative office or departmental facilities established at Montpelier for administrative purposes, and the sergeant at arms had charge and control of and was responsible for office furnishings, fixtures, supplies and maintenance for such headquarters. 1946-48 Op. Atty. Gen. 236.

2. Purchase of supplies.

The commissioner of public safety has no authority to purchase supplies by methods other than prescribed by 29 V.S.A. § 1003 (now covered by 29 V.S.A. § 903). 1948-50 Op. Atty. Gen. 187.

§ 1877. Repealed. 1999, No. 151 (Adj. Sess.), § 9.

History

Former § 1877. Former § 1877, relating to fingerprints and other identification data, was derived from V.S. 1947, § 10,208; 1947, No. 163 , § 18.

§ 1878. Appointment or promotion of members.

Within the limits of the appropriation for the department, and in accordance with section 1921 of this title, the commissioner may appoint or promote members to the ranks, grades and position deemed necessary for efficient administration. The commissioner may devise and administer examinations designed to test the qualifications of members and only those applicants shall be appointed or promoted who meet the prescribed standards and qualifications.

Amended 1979, No. 156 (Adj. Sess.), § 2; 1999, No. 142 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 10,197. 1947, No. 163 , § 7.

Amendments--1999 (Adj. Sess.). Substituted "in accordance with section 1921 of this title" for "with the advice of the state police advisory commission" preceding "the commissioner" in the first sentence and "The commissioner" for "He" in the second sentence.

Amendments--1979 (Adj. Sess.). Inserted "and with the advice of the state police advisory commission" following "appropriation for the department" in the first sentence.

Cross References

Cross references. Examinations for appointment to or promotion of state police generally, see § 1911 of this title.

Personnel administration of state police generally, see chapter 113, subchapter 3 of this title.

§ 1879. Training school and courses.

The commissioner of public safety may provide additional in-service training beyond basic training to personnel in the department. The commissioner may seek certification of such training from the director of the criminal justice training council.

Amended 1979, No. 57 , § 16.

History

Source. V.S. 1947, § 10,196. 1947, No. 163 , § 9.

Amendments--1979. Section amended generally.

Cross References

Cross references. Criminal justice training council generally, see chapter 151 of this title.

§ 1879a. Location of in-service training.

In-service training beyond basic training provided personnel in the department shall, when cost effective, be held at the state-owned law enforcement and fire service training facility in Pittsford. Such training operations and facilities of the department shall when practicable be made available to other state and municipal law enforcement personnel. Notwithstanding the requirement of this section, in-service training of one day or less in duration, or longer duration if no commercial overnight lodging is required, may be provided at a department duty station for the personnel assigned to that department.

Added 1993, No. 233 (Adj. Sess.), § 43a, eff. June 21, 1994.

§ 1880. Disciplinary procedures.

  1. Any disciplinary action taken by the department against a member of the department, except a temporary suspension, shall be taken pursuant to the procedures set forth in this section.
  2. Within seven days after the delivery to a member of written charges against such member, the member may file with the commissioner a request for a hearing before a hearing panel appointed in accordance with subsection (d) of this section, which request shall be honored.
  3. If the charged member does not request a hearing within seven days after receipt of the written charges, the commissioner may take such disciplinary action as the commissioner deems appropriate, including reprimand, transfer, suspension, demotion or removal. The member may appeal the charges and the disciplinary action taken by filing an appeal with the state labor relations board within 30 days of the imposition of disciplinary action by the commissioner. When the disciplinary action taken by the commissioner is dismissal, the state labor relations board shall schedule a hearing within 60 days after filing of the appeal, subject to the rules of the board. All hearings before the board under this subsection shall be de novo.
  4. If the member requests a hearing panel, the commissioner shall provide the member with the names of five members, at least one of whom shall have the rank of lieutenant or higher, who have had no connection with the matters at issue. The member shall choose three members from the five names to serve as the hearing panel, provided that at least one member shall have the rank of lieutenant or higher. As soon as is practicable, the panel shall schedule a hearing, at which the member or the member's representative, or both, may cross examine witnesses and present evidence. The panel may issue subpoenas. At the discretion of the charged member the hearing may be closed or public.
  5. The panel shall report to the commissioner whether or not the charges have been proved by a preponderance of the evidence. The panel may make recommendations to the commissioner regarding disciplinary action to be taken if the charges are proved.
  6. If the panel finds that the charges are not proved, any pay or other rights lost through temporary suspension shall be restored. If the panel finds the charges are proved, the commissioner shall take such disciplinary action as the commissioner deems appropriate, including reprimand, transfer, suspension, demotion or removal. The decision of the panel and any resulting disciplinary action taken by the commissioner are final.

    Amended 1979, No. 156 (Adj. Sess.), § 4; 1983, No. 230 (Adj. Sess.), § 12; 1991, No. 25 ; 1995, No. 98 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 10,200. 1947, No. 163 , § 11.

Amendments--1995 (Adj. Sess.) Section amended generally.

Amendments--1991. Amended subsec. (b) generally, substituted "request a hearing board" for "file with the district court" preceding "the commissioner" in the first sentence of subsec. (c), substituted "hearing board" for "district court" following "panel or the" throughout subsecs. (d) and (e), and added subsecs. (g) and (h).

Amendments--1983 (Adj. Sess.). Subsec. (c): Rewrote the third sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Enforcement of subpoenas issued by administrative agencies generally, see 3 V.S.A § 809a.

Filing of grievances regarding transfers directly with labor relations board, see § 1921 of this title.

Modification of subpoenas or discovery orders issued by administrative agencies, see 3 V.S.A. § 809b.

State employee labor relations generally, see 3 V.S.A. chapter 27.

ANNOTATIONS

Analysis

1. Constitutionality.

Role of district court under this section violated separation of powers principles, and district court correctly granted motion to dismiss on ground its involvement in statutory scheme for discipline of state police officers was unconstitutional. In re Kennedy, 156 Vt. 645, 592 A.2d 893 (mem.) (1991), (Decided under prior law.)

2. Appeals to supreme court.

Where this section and the regulations of the department did not require a hearing for an employee challenging a failure to promote him, the grievance was not a contested case within section 801 of Title 3 and therefore, not appealable to the supreme court under section 813 of Title 3. Reed v. Department of Public Safety, 137 Vt. 9, 398 A.2d 301 (1979).

3. Jurisdiction of board.

Jurisdiction of the labor relations board over a grievance brought by an officer against the commissioner of public safety is not precluded by 3 V.S.A. § 1004, making the State Employees Labor Relations Act applicable to the state police, because, when read in context, this section necessitates a finding that the board is bestowed with authority to determine whether charges are proved or not proved, as well as authority to review the actions of the commissioner challenged in the grievance to determine if they comport with collective bargaining provisions prohibiting discriminatory or disparate treatment. In re Grievance of Danforth, 174 Vt. 231, 812 A.2d 845 (2002).

§ 1881. Expenses; lodging and subsistence.

The commissioner shall approve vouchers in payment of expenses incurred by a member in the discharge of his or her duties, to be paid out of appropriations for the department in the manner required by law. Allowance for lodging and subsistence while away from his or her official station may be paid to a member under such terms and conditions as the commissioner may prescribe, subject to collective bargaining. The commissioner may provide lodging and subsistence for a member at his or her official station.

Amended 1981, No. 91 , § 19.

History

Source. V.S. 1947, § 10,202. 1947, No. 163 , § 13.

Amendments--1981. Added "subject to collective bargaining" following "commissioner may prescribe" in the second sentence.

Cross References

Cross references. Collective bargaining generally, see 3 V.S.A. § 904.

Disbursements for expenses chargeable to state, see 32 V.S.A. chapter 7, subchapter 3.

Reimbursement for expenses and mileage generally, see 32 V.S.A. §§ 1261 and 1267.

ANNOTATIONS

1. Procedure for payment of expenses.

The provisions of section 464 of Title 32 are mandatory as to all claimants and the requirements enumerated therein must be satisfied as to all claims for lodging and subsistence submitted by the state police which have been approved by the commissioner. 1948-50 Op. Atty. Gen. 195.

§ 1882. Subpoenas.

In connection with any investigation into the internal affairs of the department, the commissioner may request subpoenas for the testimony of witnesses or the production of evidence. The fees for travel and attendance of witnesses shall be the same as for witnesses and officers before a superior court. The fees in connection with subpoenas issued on behalf of the commissioner or the department shall be paid by the state, upon presentation of proper bills of costs to the commissioner. Notwithstanding 3 V.S.A. §§ 809a and 809b, subpoenas requested by the commissioner shall be issued and enforced by the superior court of the unit in which the person subpoenaed resides in accordance with the Vermont Rules of Civil Procedure.

Added 1979, No. 156 (Adj. Sess.), § 5; amended 1983, No. 230 (Adj. Sess.), § 12a; 2009, No. 154 (Adj. Sess.), § 157.

History

Amendments--2009 (Adj. Sess.) Substituted "superior court" for "district court" in the second sentence, and "the superior court of the unit in which" for "the district court of the district in which" and "Vermont Rules of Civil Procedure" for "Vermont District Court Civil Rules of Procedure" in the last sentence.

Amendments--1983 (Adj. Sess.). Deleted "or any hearing in connection with such an investigation" following "department" in the first sentence and inserted "notwithstanding 3 V.S.A. §§ 809a and 809b" preceding "subpoenas" at the beginning of the fourth sentence.

Cross References

Cross references. Fees of witnesses generally, see 32 V.S.A. chapter 17, subchapter 5.

Subpoenas generally, see Rule 45, Vermont District Court Civil Rules.

§ 1883. State law enforcement; memorandum of understanding.

  1. The Commissioner of Public Safety shall develop and execute a memorandum of understanding with the Commissioners of Fish and Wildlife, of Motor Vehicles, and of Liquor and Lottery and their respective directors of law enforcement. The memorandum of understanding shall be reviewed at least every two years and shall at a minimum address:
    1. Maximizing collective resources by reducing or eliminating redundancies and implementing a methodology that will enhance overall coordination and communication while supporting the mission of individual enforcement agencies.
    2. Providing for an overall statewide law enforcement strategic plan supported by quarterly planning and implementation strategy sessions to improve efficiencies and coordination on an operational level and ensure interagency cooperation and collaboration of programs funded through grants. The strategic plan should identify clear goals and performance measures that demonstrate results, as well as specific strategic plans for individual enforcement agencies.
    3. Creating a task force concept that will provide for the sharing and disseminating of information and recommendations involving various levels of statewide law enforcement throughout Vermont that will benefit all law enforcement agencies as well as citizens.
    4. Developing an integrated and coordinated approach to multi-agency special teams with the goal of creating a force multiplier, where feasible. These teams will be coordinated by the Vermont State Police during training and deployments.
    5. Providing for the Commissioner of Public Safety, with the approval of the Governor and in consultation with the Commissioners of Motor Vehicles, of Fish and Wildlife, and of Liquor and Lottery, to assume the role of lead coordinator of statewide law enforcement units in the event of elevated alerts, critical incidents, and all hazard events. The lead coordinator shall maintain control until in his or her judgment the event no longer requires coordinated action to ensure the public safety.
  2. [Repealed.]

    Added 2009, No. 105 (Adj. Sess.), § 2, eff. May 13, 2010; amended 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 11 , § 26; 2019, No. 73 , § 30.

History

Amendments--2019. Substituted "Department of Liquor and Lottery" for "Department of Liquor Control" in subsec. (a) and in subdiv. (a)(5).

Amendments--2015. Subdiv. (a)(2): Substituted "goals and performance measures that demonstrate results" for "goals and measurable performance outcomes".

Amendments--2011 (Adj. Sess.). Subsec. (b): Repealed.

Legislative purpose. 2009, No. 105 (Adj. Sess.), § 1 provides: "This act shall:

"(1) increase communication, provide for coordinated and strategic planning, encourage resource sharing, and identify cost savings among and within the departments of public safety, of fish and wildlife, of motor vehicles, and of liquor control;

"(2) maintain the core missions of the individual state agencies;

"(3) ensure a unified approach to law enforcement in Vermont;

"(4) provide efficient and effective service delivery to those who live, work, and travel in Vermont."

Subchapter 2. State Police

Cross References

Cross references. Personnel administration, see chapter 113, subchapter 3 of this title.

Exemption of law enforcement officers from security guard licensure requirements, see 26 V.S.A. § 3174.

§ 1911. Examinations; appointment; promotion; probation.

The commissioner shall devise and administer examinations designed to test the qualifications of applicants for positions as state police and only those applicants shall be appointed or promoted who meet the prescribed standards and qualifications. All state police shall be on probation for one year from the date of first appointment. Such examinations shall be with the advice of the department of human resources.

Amended 1979, No. 156 (Adj. Sess.), § 3; 1999, No. 142 (Adj. Sess.), § 2; 2003, No. 156 (Adj. Sess.), § 15.

History

Source. V.S. 1947, § 10,198. 1947, No. 163 , §§ 7, 8.

Amendments--2003 (Adj. Sess.). Substituted "department of human resources" for "department of personnel".

Amendments--1999 (Adj. Sess.). Substituted "the department of personnel" for "the state police advisory commission and the personnel department" in the third sentence.

Amendments--1979 (Adj. Sess.). Added the third sentence.

Cross References

Cross references. Department disciplinary procedures, see § 1880 of this title.

Department of human resources, see 3 V.S.A. § 2283.

State police advisory commission, see §§ 1922 and 1923 of this title.

§ 1912. Bond and oath.

State police shall give bond to the state, at the expense of the state, in such penal sum as the commissioner shall require, conditioned for the faithful performance of their duties. State police and auxiliary state police shall take the oath of office prescribed for sheriffs before the commissioner or any person designated under 12 V.S.A. § 5852 to administer oaths.

Amended 1963, No. 101 .

History

Source. V.S. 1947, § 10,199. 1947, No. 163 , § 8.

Amendments--1963. Rewrote the second sentence.

Cross References

Cross references. Oath of sheriffs, see 24 V.S.A. § 291.

ANNOTATIONS

1. Bond of commissioner.

While the commissioner of public safety is not expressly required to furnish bond, any possible question in connection with an arrest which the commissioner might have occasion to make could well be averted by the filing of a bond. 1946-48 Op. Atty. Gen. 250.

§ 1913. Uniforms and equipment.

Within the appropriation for the Department, the Commissioner shall provide the State Police, and such other members as he or she may designate, with uniforms and all members with the equipment necessary in the performance of their respective duties, which shall remain the property of the State. The Commissioner may sell such equipment as may become unfit for use, and all monies received from the sale shall be paid into the State Treasury and credited to the Department's appropriation. The Commissioner shall keep an inventory and shall charge against each member all property of the Department issued to him or her, and if the Commissioner shall determine that a loss or destruction was due to the carelessness or neglect of the member, the value of the property shall be deducted from his or her pay.

Amended 2021, No. 20 , § 157.

History

Source. V.S. 1947, § 10,201. 1947, No. 163 , § 12.

Amendments--2021. Substituted "from the sale" for "therefor" in the second sentence; and substituted "the property" for "such property" in the last sentence.

ANNOTATIONS

1. Purchase of supplies.

The commissioner of public safety has no authority to purchase supplies by methods other than prescribed by 29 V.S.A. § 1003 (now covered by 29 V.S.A. § 903). 1948-50 Op. Atty. Gen. 187.

§ 1914. Powers and immunities.

The Commissioner of Public Safety and the State Police shall be peace officers and shall have the same powers with respect to criminal matters and the enforcement of the law relating to criminal matters as sheriffs, constables, and local police have in their respective jurisdictions, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs, constables, and local police in a suit brought against them in consequence of acts done in the course of their employment. State Police shall be informing or complaining officers with the same powers possessed by sheriffs, deputy sheriffs, constables, or police officers of a city or incorporated village as provided in 13 V.S.A. § 5507 .

Amended 1959, No. 39 ; 2021, No. 20 , § 158.

History

Source. V.S. 1947, § 10,205. 1947, No. 163 , § 15.

Reference in text. Section 5507 of Title 13, referred to in the second sentence, was repealed by 1973, No. 118 , § 25. The subject matter of the former section is now covered by Rule 3, Vermont Rules of Criminal Procedure.

Amendments--2021. Substituted "to criminal matters" for "thereto" following "relating" in the first sentence.

Amendments--1959. Added "the commissioner of public safety and" preceding "the state police" at the beginning of the first sentence.

ANNOTATIONS

Cited. State v. LeBlanc, 149 Vt. 141, 540 A.2d 1037 (1987); Frank v. United States, 860 F. Supp. 1030 (D. Vt. 1994).

§ 1915. Cooperation with fish and wildlife and forest services.

State police shall cooperate with game wardens in enforcing the fish and wildlife laws of the state and the laws enacted for the protection and conservation of forests, woodland and other natural resources, and to this end all the powers now or hereafter conferred on game wardens shall be had and exercised by state police.

History

Source. V.S. 1947, § 10,207. 1947, No. 163 , § 17.

Revision note. In the section heading and in the text of the section substituted "fish and wildlife" for "fish and game" pursuant to 1983, No. 158 (Adj. Sess.).

Subchapter 3. Personnel Administration Rules

History

Annual report by commissioner of public safety on department's use of retired state police officers. 1989, No. 78 , § 10a, provided: "Annually, the commissioner of public safety shall file a detailed report with the government operations committees of the house and senate concerning the department's use of retired state police officers. The report shall include an identification of retirees employed by the department during the preceding calendar year, the number of hours each retiree worked, the type of work performed and any other information necessary to evaluate the merits of permitting retired state police officers to work, on a limited basis, for the department. The commissioner shall file the report with the committees on or before January 15."

Use of retired police officers. Pursuant to 2003, No. 122 (Adj. Sess.), § 294v(1), the use of retired state police officers provided by 1989, No. 78 , § 10a, is repealed.

§ 1921. Personnel administration rules.

  1. Promotions to the ranks of sergeant and lieutenant shall be based upon the results of a written examination and an oral interview. Promotions to the rank of captain, major, lieutenant colonel or colonel shall be made by the commissioner and it shall not be required that such promotions be based on written and oral examinations.
  2. Nondisciplinary transfers shall be grievable directly to the Vermont labor relations board in accordance with the rules of practice of the board.  In any such grievance, the burden shall be on the grievant to establish that the transfer was either discriminatory or disciplinary.

    Added 1979, No. 156 (Adj. Sess.), § 1; amended 1981, No. 155 (Adj. Sess.), § 1; 1999, No. 142 (Adj. Sess.), § 3, eff. July 1, 2001.

History

Amendments--1999 (Adj. Sess.). Subsec. (a): Deleted "corporal" preceding "sergeant" and substituted "upon the results of a written examination and an oral interview" for "upon standardized written and oral examinations in the first sentence and "captain, major, lieutenant colonel or colonel shall" for "captain or major shall" in the second sentence.

Amendments--1981 (Adj. Sess.). Section amended generally.

1999, No. 142 (Adj. Sess.), § 8, provided that the amendment to subsec. (a) of this section by section 3 of the act shall take effect on July 1, 2001; however, the commissioner may administer written examinations before this date.

Expiration and reenactment of section. 1979, No. 156 (Adj. Sess.), § 7, provided, in part: "20 V.S.A. § 1921 shall expire January 15, 1982 unless reenacted by the general assembly."

1981, No. 109 (Adj. Sess.), § 1, eff. Jan. 25, 1982, provided: "The provisions of 20 V.S.A. § 1921 are hereby re-enacted and shall expire April 1, 1982 unless reenacted by the general assembly."

1981, No. 155 (Adj. Sess.), § 3, eff. April 12, 1982, provided: "This act shall take effect from passage and is intended to reenact, amend and extend the provisions of 20 V.S.A. §§ 1921 and 1923(b)."

Cross References

Cross references. Appointments to and promotions in state police generally, see § 1911 of this title.

Disciplinary procedures generally, see § 1880 of this title.

Vermont labor relations board generally, see 3 V.S.A. chapter 27, subchapter 1.

§ 1922. Creation of State Police Advisory Commission; members; duties.

  1. There is hereby created the State Police Advisory Commission, which shall provide advice and counsel to the Commissioner in carrying out his or her responsibilities for the management, supervision, and control of the Vermont State Police.
  2. The Commission shall consist of seven members, at least one of whom shall be an attorney and one of whom shall be a retired State Police officer, to be appointed by the Governor with the advice and consent of the Senate.
  3. Members of the Commission shall serve for terms of four years, at the pleasure of the Governor. Of the initial appointments, one shall be appointed for a term of one year, two for terms of two years, two for terms of three years, and two for terms of four years. Appointments to fill a vacancy shall be for the unexpired portion of the term vacated. The Chair shall be appointed by the Governor.
  4. The creation and existence of the Commission shall not relieve the Commissioner of his or her duties under the law to manage, supervise, and control the State Police.
  5. To ensure that State Police officers are subject to fair and known practices, the Commission shall advise the Commissioner with respect to and review rules concerning promotion, grievances, transfers, internal investigations, and discipline.
  6. Members of the Commission shall be entitled to receive per diem compensation and reimbursement for expenses in accordance with 32 V.S.A. § 1010 .

    Added 1979, No. 156 (Adj. Sess.), § 1; amended 1995, No. 178 (Adj. Sess.), § 87b; 1999, No. 142 (Adj. Sess.), § 4; 2017, No. 56 , § 4.

History

Amendments--2017. Subsec. (f): Substituted "entitled to receive" for "paid" preceding "per diem".

Amendments--1999 (Adj. Sess.). Subsec. (b): Inserted "and one of whom shall be a retired state police officer" following "an attorney".

Amendments--1995 (Adj. Sess.) Subsec. (f): Deleted "the same" preceding "per diem" and substituted "in accordance with section 1010 of Title 32" for "as provided to members of the general assembly for attendance at sessions of the general assembly" following "expenses."

Cross References

Cross references. Expenses of members of general assembly, see 32 V.S.A. § 1052.

§ 1923. Internal investigation.

    1. The State Police Advisory Commission shall advise and assist the Commissioner in developing and making known routine procedures to ensure that allegations of misconduct by State Police officers are investigated fully and fairly, and to ensure that appropriate action is taken with respect to such allegations. (a) (1)  The State Police Advisory Commission shall advise and assist the Commissioner in developing and making known routine procedures to ensure that allegations of misconduct by State Police officers are investigated fully and fairly, and to ensure that appropriate action is taken with respect to such allegations.
    2. The Commissioner shall ensure that the procedures described in subdivision (1) of this subsection constitute an effective internal affairs program in order to comply with section 2402 of this title.
    1. The Commissioner shall establish the Office of Internal Investigation within the Department, which shall investigate, or cause to be investigated, all allegations of misconduct by members of the Department, except complaints lodged against members of the Office, which shall be separately and independently investigated by officers designated for each instance by the Commissioner, with the approval of the State Police Advisory Commission. (b) (1)  The Commissioner shall establish the Office of Internal Investigation within the Department, which shall investigate, or cause to be investigated, all allegations of misconduct by members of the Department, except complaints lodged against members of the Office, which shall be separately and independently investigated by officers designated for each instance by the Commissioner, with the approval of the State Police Advisory Commission.
    2. The head of the Office shall report all allegations and his or her findings as to such allegations to the Commissioner. The head of the Office also shall immediately report all allegations to the State's Attorney of the county in which the incident took place, the Attorney General, and the Governor, unless the head of the Office makes a determination that the allegations do not include a violation of a criminal statute. The head of the Office shall also report the disposition of all cases so reported to the State's Attorney, Attorney General, and Governor.
    1. The Office of Internal Investigation shall maintain a written log with respect to each allegation of misconduct made. The log shall document all action taken with respect to each allegation, including a notation of the person or persons assigned to the investigation, a list of all pertinent documents, all action taken, and the final disposition of each allegation. (c) (1)  The Office of Internal Investigation shall maintain a written log with respect to each allegation of misconduct made. The log shall document all action taken with respect to each allegation, including a notation of the person or persons assigned to the investigation, a list of all pertinent documents, all action taken, and the final disposition of each allegation.
    2. Failure of any member of the Department to report to the Office an allegation of misconduct known to the member shall be grounds for disciplinary action by the Commissioner, including dismissal.
  1. Records of the Office of Internal Investigation shall be confidential, except:
    1. the State Police Advisory Commission shall, at any time, have full and free access to such records;
    2. the Commissioner shall deliver such materials from the records of the Office as may be necessary to appropriate prosecutorial authorities having jurisdiction;
    3. the Director of the State Police or the Chair of the State Police Advisory Commission shall report to the Vermont Criminal Justice Council as required by section 2403 of this title; and
    4. the State Police Advisory Commission shall, in its discretion, be entitled to report to such authorities as it may deem appropriate or to the public, or both, to ensure that proper action is taken in each case.

      Added 1979, No. 156 (Adj. Sess.), § 1; amended 1981, No. 155 (Adj. Sess.), § 2, eff. April 12, 1982; 2017, No. 56 , § 5, eff. July 1, 2018.

History

2020. In subdiv. (d)(3), substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--2017. Added subdivs. (a)(2) and (d)(3).

Amendments--1981 (Adj. Sess.). Subsec. (b): Added the second, third and fourth sentences.

Cross References

Cross references. Duties of state police advisory commission generally, see § 1922 of this title.

ANNOTATIONS

Analysis

1. Confidentiality.

In a proceeding before the labor relations board on a grievance brought by an officer against the commissioner of public safety, where she sought confidential internal affairs unit records to determine if the department violated the collective bargaining agreement and her constitutional rights, the circumstances presented a proper case warranting disclosure of the records as limited by the board. In re Grievance of Danforth, 174 Vt. 231, 812 A.2d 845 (2002).

Police officer's file in office of internal investigation of department of public safety was confidential under subsection (d) of this section, was not available to the prosecution, and was not subject to discovery under V.R.Cr.P. 16(a)(2) by defendant accused of assault on law enforcement officer to show violent character of officer. State v. Roy, 151 Vt. 17, 557 A.2d 884 (1989).

2. Report to State's Attorney.

Trial court did not err in finding that a director of internal affairs acted consistently with the statute governing police internal investigations in forwarding the investigative report to the State's Attorney's Office. The statute requires the head of an internal affairs unit to immediately report all allegations to the county's State's Attorney unless he or she makes a determination that the allegations do not include violation of a criminal statute; here, the director noted that plaintiff's conduct might have violated two criminal statutes. Lay v. Pettengill, 191 Vt. 141, 38 A.3d 1139 (2011).

Subchapter 4. State DNA Database and State Data Bank

§ 1931. Policy.

It is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of crimes. Identification, detection, and exclusion may be facilitated by the DNA analysis of biological evidence left by the perpetrator of a crime and recovered from the crime scene. The DNA analysis of biological evidence can also be used to identify missing persons.

Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2009, No. 1 , § 19, eff. March 4, 2009.

History

Amendments--2009. Deleted "violent" preceding "crime".

ANNOTATIONS

1. Constitutionality.

DNA sampling and analysis to assist in identifying persons at future crime scenes is a special need beyond normal law enforcement. Vermont's DNA database statute has as its stated purpose to assist federal, state and local criminal justice and law enforcement agencies in the identification, detection or exclusion of individuals who are subjects of the investigation or prosecution of violent crimes; these purposes are distinct from the normal law-enforcement activities of investigating particular people for crimes already committed. State v. Martin, 184 Vt. 23, 955 A.2d 1144 (May 2, 2008).

DNA database statute is not, as a general matter, concerned with ordinary law enforcement, but rather seeks to use DNA to accurately and efficiently identify persons in a variety of contexts, including subsequent criminal prosecutions; these goals are beyond the normal goals of law enforcement. The statute also serves another special need beyond those stated in its language: deterrence. State v. Martin, 184 Vt. 23, 955 A.2d 1144 (May 2, 2008).

Initial sampling in the DNA sampling statute, taken alone, does not violate the search and seizure provision of the Vermont Constitution. State v. Martin, 184 Vt. 23, 955 A.2d 1144 (May 2, 2008).

Vermont's DNA sampling statute expressly prohibits analysis of DNA samples for any but three narrow purposes: creating a profile for inclusion in the federal Combined DNA Index System and the state database; administrative purposes and protocol development, if all individual identifying information is removed from the sample; and identifying human remains. The intrusions occasioned by these uses are minimal and, like searching a fingerprint database, reveal nothing more than mere identity. State v. Martin, 184 Vt. 23, 955 A.2d 1144 (May 2, 2008).

Wrongful disclosures of DNA-based information are arguably more likely than discriminatory misuse, but that prospect does not render the DNA-database statute unreasonable under the search and seizure provision of the Vermont Constitution. The court presumes that the Department of Corrections will comply with the limitations in the regulation. State v. Martin, 184 Vt. 23, 955 A.2d 1144 (May 2, 2008).

DNA sampling statute does not offend the search and seizure provision of the Vermont Constitution as applied to nonviolent felons, whether they are incarcerated or not. The statute serves special needs beyond normal law enforcement and advances important state interests that outweigh the minimal intrusions upon protected interests. State v. Martin, 184 Vt. 23, 955 A.2d 1144 (May 2, 2008).

State may, in keeping with the search and seizure provision of the Vermont Constitution, require convicted nonviolent felons to provide DNA samples for inclusion in state and federal DNA databases. State v. Martin, 184 Vt. 23, 955 A.2d 1144 (May 2, 2008).

§ 1932. Definitions.

As used in this subchapter:

  1. "CODIS" means the FBI's national DNA identification index system that allows storage and exchange of DNA records submitted by state and local forensic DNA laboratories. The term "CODIS" is derived from Combined DNA Index System.
  2. "Department" means the Department of Public Safety.
  3. "DNA" means deoxyribonucleic acid. DNA encodes genetic information that is the basis of human heredity and forensic identification.
  4. "DNA record" means DNA sample identification information stored in the State DNA database or CODIS. A DNA record is the result obtained from the DNA sample typing tests and is referred to as the DNA profile of an individual.
  5. "DNA sample" means a forensic unknown tissue sample or a tissue sample provided by any person convicted of a designated crime. The DNA sample may be blood or other tissue type specified by the Department.
  6. "FBI" means the Federal Bureau of Investigation.
  7. "Forensic unknown sample" means an unidentified tissue sample gathered in connection with a criminal investigation.
  8. "Laboratory" means the Department of Public Safety Forensic Laboratory. The Laboratory's general authority under this subchapter includes specifying procedures for collection and storage of DNA samples.
  9. "Population database" means anonymous DNA records used to assist statistical evaluation.
  10. "State DNA database" means the Laboratory DNA identification record system. The State DNA database is a collection of the DNA records related to forensic casework, persons required to provide a DNA sample under this subchapter, and anonymous DNA records used for protocol development or quality control.
  11. "State DNA data bank" means the repository of DNA samples collected and maintained under the provisions of this subchapter.
  12. "Designated crime" means any of the following offenses:
    1. a felony;
    2. 13 V.S.A. § 1042 (domestic assault);
    3. any crime for which a person is required to register as a sex offender pursuant to 13 V.S.A. chapter 167, subchapter 3;
    4. 13 V.S.A. § 1062 (stalking);
    5. 13 V.S.A. § 1025 (reckless endangerment);
    6. a violation of an abuse prevention order as defined in 13 V.S.A. § 1030 , excluding violation of an abuse prevention order issued pursuant to 15 V.S.A. § 1104 (emergency relief) or 33 V.S.A. § 6936 (emergency relief);
    7. a misdemeanor violation of 13 V.S.A. chapter 28, relating to abuse, neglect, and exploitation of vulnerable adults;
    8. an attempt to commit any offense listed in this subdivision; or
    9. any other offense, if, as part of a plea agreement in an action in which the original charge was a crime listed in this subdivision and probable cause was found by the court, there is a requirement that the defendant submit a DNA sample to the DNA data bank.

      Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2005, No. 83 , § 7, eff. June 28, 2005; 2009, No. 1 , § 20, eff. March 4, 2009; 2009, No. 1 , § 23, eff. July 1, 2011; 2015, No. 122 (Adj. Sess.), § 1, eff. May 23, 2016.

History

2016. In subdiv. (8), in the second sentence, substituted "this subchapter" for "this act".

Amendments--2015 (Adj. Sess.). Subdiv. (5): Deleted "or for whom the court has determined at arraignment there is probable cause that the person has committed a felony" following "designated crime" in the first sentence.

Subdiv. (12)(C): Substituted "13 V.S.A. chapter 167, subchapter 3" for "subchapter 3 of chapter 167 of Title 13".

Subdiv. (12)(D) through (G): Added, and the remaining subdiv. were redesignated accordingly.

Amendments--2009. Subdiv. (5): 2009, No. 1 , § 20, eff. March 4, 2009, inserted "a forensic unknown tissue sample or" preceding "a tissue"; substituted "a designated" for "violent" preceding "crime" and deleted "or a forensic unknown sample" following "crime".

Subdiv. (5): 2009, No. 1 , § 23, eff. July 1, 2011, added "or for whom the court has determined at arraignment there is probable cause that the person has committed a felony" in the first sentence.

Subdiv. (10): 2009, No. 1 , § 20, eff. March 4, 2009, substituted "persons" for "convicted felons" following "casework,".

Subdiv. (12): 2009, No. 1 , § 20, eff. March 4, 2009, added subdivs. (B) and (C) and redesignated former subdivs. (C) and (D) as present subdivs. (D) and (E).

Amendments--2005 Subdiv. (12): Amended generally.

§ 1933. DNA sample required.

  1. The following persons shall submit a DNA sample:
    1. a person convicted in a court in this State of a designated crime on or after April 29, 1998;
    2. a person who was convicted in a court in this State of a designated crime prior to April 29, 1998 and, after such date, is:
      1. in the custody of the Commissioner of Corrections pursuant to 28 V.S.A. § 701 ;
      2. on parole for a designated crime;
      3. serving a supervised community sentence for a designated crime; or
      4. on probation for a designated crime.
  2. A person required to submit a DNA sample who is serving a sentence in a correctional facility shall have his or her DNA samples collected or taken at the receiving correctional facility, or at a place and time designated by the Commissioner of Corrections or by a court, if the person has not previously submitted a DNA sample.
  3. A person serving a sentence for a designated crime not confined to a correctional facility shall have his or her DNA samples collected or taken at a place and time designated by the Commissioner of Corrections, the Commissioner of Public Safety, or a court if the person has not previously submitted a DNA sample in connection with the designated crime for which he or she is serving the sentence.

    Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2005, No. 83 , § 8, eff. June 28, 2005; 2009, No. 1 , § 21, eff. March 4, 2009; 2009, No. 1 , § 24, eff. July 1, 2011; 2015, No. 122 (Adj. Sess.), § 2, eff. May 23, 2016.

History

Amendments--2015 (Adj. Sess.). Deleted former subdiv. (a)(2) and subsec. (b) and redesignated accordingly.

Amendments--2009. Subdiv. (a)(1): Act 1, § 21 substituted "A" for "every" preceding "person" and "April 29, 1998" for "the effective date of this subchapter; and".

Subdiv. (a)(2): Act 1, § 21 substituted "A" for "every" preceding "person", "April 29, 1998" for "the effective date of this subchapter; and" following "prior to" and "such date" for "the effective date of this subchapter" following "after".

Subdiv. (a)(2)(C): Act 1, § 21 substituted "or" for "and" following "crime".

Subsec. (b): Act 1, § 21 inserted "required to submit a DNA sample who is" following "crime"; deleted "for a designated crime" and inserted "if the person has not previously submitted a DNA sample" following "court".

Subsec. (c): Act 1, § 21 inserted "if the person has not previously submitted a DNA sample in connection with the designated crime for which he or she is serving the sentence" following "court".

Subdiv. (a)(2): Amended generally by Act 1, § 24 , eff. July 1, 2011.

Subsec. (b): Amended generally by Act 1, § 24 , eff. July 1, 2011.

Amendments--2005 Substituted "designated crime" for "violent crime" wherever it appeared throughout the section.

Initial implementation. Laws 1997, No. 160 (Adj. Sess.), § 1a, provides, in part: "During the period between the effective date of this act and December 1, 1998, the department of public safety shall only collect DNA samples from persons required to provide a sample under this act prior to the release of that person from the custody of the commissioner of corrections, parole, supervised community sentence or probation. After December 1, 1998 all samples required to be provided under this act shall be collected."

ANNOTATIONS

Analysis

1. Constitutionality.

Given the marginal weight of the State's interest in DNA collection at the point of arraignment, balanced against the weight of the privacy interest retained by arraignees prior to conviction, the provisions that expand the DNA-sample requirement to defendants charged with qualifying crimes for which probable cause is found violates Article 11 of the Vermont Constitution. State v. Medina, 197 Vt. 63, 102 A.3d 661 (2014).

2. Right to collect samples.

Statute governing DNA samples entitles the Department of Corrections to collect the DNA sample of all incarcerated persons required to provide one and to collect one sample as a matter of course. State v. Bruyette, - Vt. - , - A.3d - (June 11, 2021).

Plain language of the statute governing required DNA samples clearly contemplates that the DNA sample is to be taken by or at the behest of the Department of Corrections (DOC), and not any other agency or jurisdiction, because of the person's status as an inmate committed to DOC custody. A person who has a DNA sample collected by another agency or jurisdiction is not exempt from this requirement if DOC has not previously collected a sample from that person. State v. Bruyette, - Vt. - , - A.3d - (June 11, 2021).

3. Number of samples.

Plain language of the statute governing required DNA samples does not distinguish between persons in the custody of the Department of Corrections (DOC) who are incarcerated in correctional facilities in Vermont and those who are incarcerated in out-of-state facilities; the statute authorizes DOC to coordinate collection of a DNA sample with an out-of-state receiving facility or to designate a time and place for collection out of state. As such, the statutory limit on the number of samples an incarcerated person must provide to DOC applies regardless of where the person is housed. State v. Bruyette, - Vt. - , - A.3d - (June 11, 2021).

4. Particular Cases.

Because defendant, who had been convicted of burglary and three counts of sexual assault in 1990 and who had been incarcerated since 1987, was required to provide a DNA sample to the Department of Corrections (DOC) and there was insufficient evidence that his prior DNA samples, given while he was held in facilities in Minnesota, Florida, and Kentucky, were collected by or at the behest of the DOC, the trial court properly granted the DOC's motion to compel him to provide a DNA sample. State v. Bruyette, - Vt. - , - A.3d - (June 11, 2021).

5. Hearing following refusal.

Plain language of the statute governing refusals to give DNA samples refers to the statute governing required DNA samples and not to any particular subsection therein; had the Legislature intended to limit the scope of the hearing to whether a person was convicted of a designated crime, it could have referred specifically to paragraph (a) of the statute governing required samples, but it did not. Accordingly, the scope of the sampling-compulsion hearing is broader than the rule announced in Ritter, and necessarily requires a court to consider whether a person is required to provide a DNA sample under any provision of the statute governing required samples. State v. Bruyette, - Vt. - , - A.3d - (June 11, 2021).

Cited. State v. Wigg, 181 Vt. 639, 928 A.2d 494 (mem.) (May 24, 2007).

§ 1934. Least intrusive means of collection.

  1. The DNA sample shall be obtained by withdrawing blood, unless the Department determines that a less intrusive means to obtain a scientifically reliable sample is available, in which event such less intrusive means shall be used.
  2. For purposes of this subchapter, a blood sample may only be drawn by a physician, physician assistant, registered nurse, licensed practical nurse, medical technologist, laboratory assistant, or phlebotomist.

    Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.

History

2013. In subsec. (b), substituted "physician assistant" for "physician's assistant" in accordance with 2013, No. 34 , § 30a.

Cross References

Cross references. Licensing of health care workers, see 26 V.S.A. chapter 23, subchapter 3.

§ 1935. Procedure if person refuses to give sample.

  1. If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the superior court for an order requiring the person to provide the sample.
  2. The person who refuses to provide a DNA sample shall be served with a copy of the motion and shall be entitled to a hearing by the court, limited in scope solely to the issues described in subsection (c) of this section.
  3. If the court finds that the person who refused to provide a DNA sample is a person required by section 1933 of this subchapter to provide a DNA sample, the court shall issue a written order requiring the person to provide the DNA sample in accordance with the provisions of this subchapter. The court's order shall also specify the manner by which the DNA sample shall be obtained and may authorize law enforcement and correctional personnel to employ reasonable force to obtain the DNA sample. No such employee or health care professional shall be criminally or civilly liable for the use of reasonable force.
  4. If the court finds that the person who refused to provide a DNA sample is not a person required by section 1933 of this subchapter to provide a DNA sample, the court shall issue a written order relieving the person of the obligation to provide a DNA sample.
  5. If the supreme court reverses a determination that a DNA sample shall be provided, the department shall destroy the DNA sample and expunge the DNA record as provided in section 1940 of this subchapter.
  6. Venue for proceedings under this section shall be in the territorial unit of the superior court where the conviction occurred. Hearings under this section shall be conducted by the superior court without a jury and shall be subject to the Vermont Rules of Civil Procedure as consistent with this section. The state has the burden of proof by a preponderance of the evidence. Affidavits of witnesses shall be admissible evidence which may be rebutted by witnesses called by either party. The affidavits shall be delivered to the other party at least five days prior to the hearing.
  7. A decision of the superior court under this section may be appealed as a matter of right to the supreme court. The court's order shall not be stayed pending appeal unless the respondent is reasonably likely to prevail on appeal.

    Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2009, No. 154 (Adj. Sess.), § 158.

History

Amendments--2009 (Adj. Sess.) Substituted "superior court" for "district court" in subsecs. (a), (f) and (g), and "Vermont Rules of Civil Procedure" for "District Court Civil Rules" in the second sentence of subsec. (f).

Report on implementation. 1997, No. 160 (Adj. Sess.), which enacted this subchapter, provides in § 3 that on January 15, 2000, the commissioners of the departments of corrections and public safety shall submit a report to the Senate and House Committees on Judiciary addressing specified issues involving the implementation of this section. On January 15, 2002, the commissioners are to submit a report addressing specified issues involving the implementation of the act to the same committees.

Cross References

Cross references. Superior court jurisdiction of hearings under this section, see 4 V.S.A. § 30.

ANNOTATIONS

1. Scope of hearing.

Plain language of the statute governing refusals to give DNA samples refers to the statute governing required DNA samples and not to any particular subsection therein; had the Legislature intended to limit the scope of the hearing to whether a person was convicted of a designated crime, it could have referred specifically to paragraph (a) of the statute governing required samples, but it did not. Accordingly, the scope of the sampling-compulsion hearing is broader than the rule announced in Ritter, and necessarily requires a court to consider whether a person is required to provide a DNA sample under any provision of the statute governing required samples. State v. Bruyette, - Vt. - , - A.3d - (June 11, 2021).

Despite the trial court's erroneous conclusion that the scope of the DNA sampling-compulsion hearing was restricted to determining whether defendant, an inmate who had refused to give a sample on the ground that he had previously given samples, had been convicted of a designated crime, it did not limit its analysis accordingly. Because defendant was able to present his arguments and evidence below, the trial court's erroneous conclusion about the scope of the hearing was harmless. State v. Bruyette, - Vt. - , - A.3d - (June 11, 2021).

A hearing under this section is not a forum for a defendant to collaterally attack his conviction. Even if defendant may one day obtain relief from his conviction, by way of his habeas petition or otherwise, that possibility is no bar to requiring him to submit a DNA sample now. State v. Wigg, 181 Vt. 639, 928 A.2d 494 (mem.) (May 24, 2007).

§ 1936. Compatibility with national system; authority to enter into DNA identification index system agreements with state, federal and foreign jurisdictions.

The DNA database system established by the state shall be compatible with the FBI's national DNA identification index system currently referred to as CODIS. The state may enter into any agreement with a state, federal or foreign law enforcement agency that provides for participation in a state, federal or foreign DNA identification index system, including CODIS, provided that the agreements shall be consistent in all material respects with this subchapter.

Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.

§ 1937. Authorized analysis of DNA samples.

  1. Analysis of DNA samples is authorized:
    1. to type the genetic markers from DNA samples for law enforcement identification purposes;
    2. if personal identifying information is removed, for protocol development and administrative purposes, including:
      1. development of a population database;
      2. to support identification protocol development of forensic DNA analysis methods; and
      3. for quality control purposes; or
    3. to assist in the identification of human remains.
  2. Analysis of DNA samples obtained pursuant to this subchapter is not authorized for identification of any medical or genetic disorder.

    Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.

§ 1938. Storage and use of samples and records.

  1. A DNA sample and a DNA record obtained pursuant to this subchapter shall be used only for the purposes authorized in this subchapter and may be provided to law enforcement agencies for lawful law enforcement purposes.
  2. The tissue, fluid, or other substance from which the DNA is extracted shall be used only for DNA sample analysis authorized in this subchapter and may be provided to law enforcement agencies only for DNA sample analysis for use in any investigation and prosecution.
  3. Only DNA samples shall be stored in the state DNA data bank.
  4. Only DNA records derived from DNA samples shall be stored in the state DNA database.
  5. Except as provided in section 1939 of this chapter, no DNA records derived from DNA samples shall be aggregated or stored in any database, other than CODIS and the state DNA database, that is accessible by any person other than by the department for the purpose for which the samples were collected.
    1. Except for forensic unknown samples, no samples of tissue, fluid or other biological substance voluntarily submitted or obtained by the execution of a nontestimonial identification order shall be entered into the state DNA data bank. However, such samples may be used for any other purpose authorized in section 1937 of this subchapter. (f) (1)  Except for forensic unknown samples, no samples of tissue, fluid or other biological substance voluntarily submitted or obtained by the execution of a nontestimonial identification order shall be entered into the state DNA data bank. However, such samples may be used for any other purpose authorized in section 1937 of this subchapter.
    2. Notwithstanding the prohibition of subdivision (1) of this subsection, any sample which may lead to an exculpatory result shall be used only for the purpose of the criminal investigation and related criminal prosecution for which the samples were obtained. Upon the conclusion of the criminal investigation and finalization of any related criminal prosecution, such samples shall be placed under seal, and shall not be used for any purpose whatsoever, except pursuant to a judicial order for good cause shown.
    3. Notwithstanding the prohibition of subdivision (1) of this subsection, any sample which may lead to an exculpatory result shall be used only for the purpose of the criminal investigation and related criminal prosecution for which the samples were obtained. Upon the conclusion of the criminal investigation and finalization of any related criminal prosecution, the genetic records shall be placed under seal, and shall not be used for any purpose whatsoever, except pursuant to a judicial order for good cause shown.
  6. Except for records obtained from forensic unknown samples, no DNA records of samples of tissue, fluid or other biological substance which were obtained as the result of either consensual submission of biological evidence or the execution of a nontestimonial identification order shall be entered into the state DNA database.

    Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.

§ 1939. Population database.

  1. Only the DNA records derived from the DNA samples obtained under sections 1933 and 1934 of this title, DNA records voluntarily submitted to the population database, and DNA records from population databases in existence on January 1, 1999 may be used to develop a population database after all personal identifying information is removed.
  2. Nothing shall prohibit the laboratory from sharing or disseminating a population database with other law enforcement agencies, crime laboratories that serve them, or other third parties the laboratory deems necessary to assist the laboratory with statistical analysis of the laboratory's population databases. The population database may be made available to other agencies participating in CODIS.

    Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.

§ 1940. Expungement of records and destruction of samples.

  1. In accordance with procedures set forth in subsection (b) of this section, the Department shall destroy the DNA sample and any records of a person related to the sample that were taken in connection with a particular alleged designated crime in either of the following circumstances:
    1. A person's conviction related to an incident that caused the DNA sample to be taken is reversed, and the case is dismissed.
    2. The person is granted a full pardon related to an incident that caused the DNA sample to be taken.
  2. If any of the circumstances in subsection (a) of this section occur, the court with jurisdiction or, as the case may be, the Governor, shall so notify the Department, and the person's DNA record in the State DNA database and CODIS and the person's DNA sample in the State DNA data bank shall be removed and destroyed. The Laboratory shall purge the DNA record and all other identifiable information from the State DNA database and CODIS and destroy the DNA sample stored in the State DNA data bank. If the person has more than one entry in the State DNA database, CODIS, or the State DNA data bank, only the entry related to the dismissed case shall be deleted. The Department shall notify the person upon completing its responsibilities under this subsection, by certified mail addressed to the person's last known address.
  3. If the identity of the subject of a forensic unknown sample becomes known and that subject is excluded as a suspect in the case, the sample record shall be removed from the State DNA database upon the conclusion of the criminal investigation and finalization of any criminal prosecution.
  4. If a DNA sample from the State DNA database, CODIS, or the State DNA data bank is matched to another DNA sample during the course of a criminal investigation, the record of the match shall not be expunged even if the sample itself is expunged in accordance with the provisions of this section. If a match has been made and any of the circumstances in subsection (a) of this section occur, the Department may confirm the match prior to expunging the sample.

    Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2005, No. 83 , § 9, eff. June 28, 2005; 2009, No. 1 , § 22, eff. March 4, 2009; 2009, No. 1 , § 25, eff. July 1, 2011; 2015, No. 122 (Adj. Sess.), § 3, eff. May 23, 2016.

History

Amendments--2015 (Adj. Sess.). Subsec. (a): Substituted "either of the following" for "any of the following".

Subdivs. (a)(3) through (a)(5): Deleted.

Amendments--2009. Subsec. (a): Act No. 1, § 22, eff. March 4, 2009, rewrote the subsec. and added subdivs. (1) and (2).

Subsec. (a): Act No. 1, § 25, eff. July 1, 2011 added subdivs. (3)-(5).

Subsec. (b): Act No. 1, § 22, eff. March 4, 2009, inserted "If any of the circumstances in subsection (a) of this section occur" preceding "the court" at the beginning of the subsec.

Subsec. (d): Added by Act No. 1, § 22, eff. March 4, 2009.

Amendments--2005 Subsec. (a): Substituted "designated crime" for "violent crime" in the first sentence.

ANNOTATIONS

1. Construction.

By including the provision of this section allowing for the removal of DNA sample in the event that defendant's conviction is overturned or he is pardoned, the Legislature indicated that it did not intend to allow defendants to refuse to submit DNA samples until every possible avenue of appeal, pardon, or post-conviction relief was exhausted. State v. Wigg, 181 Vt. 639, 928 A.2d 494 (mem.) (May 24, 2007).

§ 1941. Confidentiality of records.

  1. All DNA samples submitted to the laboratory pursuant to this subchapter shall be confidential.
  2. DNA records shall not be used for any purpose other than as provided in section 1937 of this subchapter; provided that in appropriate circumstances such records may be used to identify missing persons.
  3. Any person who intentionally violates this section shall be imprisoned not more than one year or fined not more than $10,000.00, or both.
  4. Any individual aggrieved by a violation of this section may bring an action for civil damages including punitive damages, equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief.

    Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.

§ 1942. Adoption of rules and guidelines.

  1. The department shall adopt rules pursuant to chapter 25 of Title 3 governing the procedures to be used in the collection, submission, identification, dissemination, analysis and storage of DNA samples and the DNA record of DNA samples submitted under this subchapter.
  2. The department shall adopt rules pursuant to chapter 25 of Title 3 governing the methods of obtaining information from the state database and CODIS, and procedures for verification of the identity and authority of the requester.
  3. The department shall also adopt guidelines to ensure that DNA identification records meet relevant audit standards for forensic DNA laboratories and that the laboratory procedures include the implementation of DNA quality assurance and proficiency testing standards issued by the FBI director.
  4. The rules and guidelines required by this section shall be adopted on or before December 1, 1998.

    Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.

History

Initial rules. Laws 1997, No. 160 (Adj. Sess.), § 1a, provides, in part: "(a) On or before July 1, 1998, the commissioner of public safety shall adopt initial rules implementing the provisions of this act relating to the collection of DNA samples. These initial rules may be adopted as emergency rules, but shall remain in effect until the rules required under 20 V.S.A. § 1942 are adopted.

"(b) Until emergency rules are adopted, the public safety forensic laboratory shall collect, preserve and store DNA data bank blood samples according to its established protocol for the collection, storage and preservation of known blood samples. The samples shall be preserved in such a fashion so that DNA analysis can be performed on the samples. The samples shall be placed into a DNA database only after emergency rules have been adopted."

§ 1943. Responsibility of department of public safety.

The department shall be responsible for establishing and maintaining the state DNA database and state DNA data bank as established by this subchapter.

Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.

§ 1944. Limitation of liability for collection of DNA samples.

No civil or criminal liability shall attach to any person authorized to withdraw blood as a result of the act of collecting DNA samples under this subchapter, provided the DNA samples are collected according to recognized medical procedures. However, no person shall be relieved from liability for negligence in withdrawing of a DNA sample.

Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.

§ 1945. Unlawful tampering with DNA samples.

A person who knowingly or intentionally, without lawful authority, tampers or attempts to tamper with a DNA sample shall be imprisoned not more than three years or fined not more than $10,000.00, or both.

Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.

§ 1946. Repealed. 2013, No. 142 (Adj. Sess.), § 93.

History

Former § 1946. Former § 1946, relating to report from Commissioner, was derived from 2005, No. 83 , § 10.

CHAPTER 114. NEW ENGLAND STATE POLICE COMPACT

Cross References

Cross references. Vermont criminal information center, see chapter 117 of this title.

Subchapter 1. Compact

§ 1951. Purposes - Article I.

The purposes of this compact are to:

  1. Provide close and effective cooperation and assistance in detecting and apprehending those engaged in organized criminal activities;
  2. Establish and maintain a central criminal intelligence bureau to gather, evaluate and disseminate to the appropriate law enforcement officers of the party states information concerning organized crime, its leaders and their associates;
  3. Provide mutual aid and assistance in the event of police emergencies, and to provide for the powers, duties, rights, privileges and immunities of police personnel when rendering such aid.

    Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.

§ 1952. Entry into force and withdrawal - Article II.

  1. This compact shall enter into force when enacted into law by any three of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.  Thereafter, this compact shall become effective as to any other of the aforementioned states upon its enactment thereof.
  2. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.  No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal, and any records, files or information obtained by officers or employees of a withdrawing state shall continue to be kept, used and disposed of only in such manner as is consistent with this compact and any rules or regulations pursuant thereto.

    Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.

History

Adoption of compact. The compact has been adopted by five other states. The compact provisions for those states are codified as indicated below:

Connecticut .................... 45 C.G.S.A. § 29-162 et seq. Maine .................... 25 M.R.S.A. § 1665 et seq. Massachusetts .................... M.G.L.A. ch. 147 App., § 1-1 et seq. New Hampshire .................... 35 N.H.R.S.A. 106-D:1 et seq. Rhode Island .................... Gen. Laws 1956, § 42-37-1 et seq.

§ 1953. The conference - Article III.

  1. There is hereby established the "New England State Police Administrators' Conference," hereinafter called the "Conference," to be composed of the administrative head of the state police department of each party state.
  2. If authorized by the laws of his or her party state, the administrative head of the state police department of a party state may provide for the discharge of his duties and the performance of his or her functions on the conference, for periods none of which shall exceed 15 days, by an alternate. No such alternate shall be entitled to serve unless notification of his or her identity and appointment shall have been given to the conference in such form as the conference may require.
  3. An alternate serving pursuant to subdivision (b) of this article shall be selected only from among the officers and employees of the state police department, the head of which such alternate is to represent.
  4. The members of the conference shall be entitled to one vote each.  No action of the conference shall be binding unless taken at a meeting at which a majority of the total number of votes of the conference are cast in favor thereof.  Action of the conference shall be only at a meeting at which a majority of the members of the conference, or their alternates, are present.
  5. The conference shall have a seal.
  6. The conference shall elect annually, from among its members, a chair, (who shall not be eligible to succeed himself or herself), a vice chair and treasurer.  The conference shall appoint an executive secretary and fix his or her duties and compensation.  Such executive secretary shall serve at the pleasure of the conference, and together with the treasurer shall be bonded in such amount as the conference shall determine.  The executive secretary also shall serve as general secretary of the conference.
  7. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive secretary, subject to the direction of the conference, shall appoint, remove or discharge such personnel as may be necessary for the performance of the conference functions, and shall fix the duties and compensation of such personnel.
  8. The conference may establish and maintain independently, or in conjunction with any one or more of the party states, a suitable retirement system for its full time employees. Employees of the conference shall be eligible for Social Security coverage in respect of old age and survivor's insurance provided that the conference takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit.  The conference may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.  Employment by the conference of a retired officer or employee of a party state shall not affect the pension or other retirement-connected benefits paid to such officer or employee by a party state.
  9. The conference may borrow, accept or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions.
  10. The conference may accept for any of its purposes and functions under this compact any and all donations, grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm or corporation, and may receive, utilize and dispose of the same.  The conference shall publish in its annual report the terms, conditions, character and amount of any resources accepted by it pursuant hereto together with the identity of the donor.
  11. The conference may establish and maintain such facilities as may be necessary for the transacting of its business.  The conference may acquire, hold and convey real and personal property and any interest therein.
  12. The conference shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws.  The conference shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.  The bylaws shall provide for appropriate notice of the conference members of all conference meetings.
  13. [Repealed.]

    Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968; amended 2003, No. 122 (Adj. Sess.), § 294v.

History

Amendments --Subsec. (m): Repealed.

§ 1954. Conference powers - Article IV.

The conference shall have power to:

  1. Establish and operate a New England criminal intelligence bureau, hereinafter called "the bureau," in which shall be received, assembled and kept case histories, records, data, personal dossiers and other information concerning persons engaged or otherwise associated with organized crime.
  2. Consider and recommend means of identifying leaders and emerging leaders of organized crime and their associates.
  3. Facilitate mutual assistance among the state police of the party states pursuant to article VII of this compact.
  4. Formulate procedures for claims and reimbursements, pursuant to article VII.
  5. Promote cooperation in law enforcement and make recommendations to the party states and other appropriate law enforcement authorities for the improvement of such cooperation.
  6. Do all things which may be necessary and incidental to the exercise of the foregoing powers.

    Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.

History

Reference in text. Article VII of the compact, referred to in subdivs. (c) and (d), is codified as section 1957 of this title.

§ 1955. Disposition of records and information - Article V.

The bureau established and operated pursuant to article IV(a) of this compact is hereby designated and recognized as the instrument for the performance of a central criminal intelligence service to the state police departments of the party states. The files, records, data and other information of the bureau and, when made pursuant to the bylaws of the conference, any copies thereof shall be available only to duly designated officers and employees of the state police departments of the party states acting within the scope of their official duty. In the possession of the aforesaid officers and employees, such records, data, and other information shall be subject to use and disposition in the same manner and pursuant to the same laws, rules and regulations applicable to similar records, data and information of the officer's or employee's agency and the provisions of this compact.

Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.

History

Reference in text. Article IV of the compact, referred to in the first sentence, is codified as section 1954 of this title.

§ 1956. Additional meetings and services - Article VI.

The members of the conference from any two or more party states, upon notice to the chairman as to the time and purpose of the meeting, may meet as a section for the discussion of problems common to their states. Any two or more party states may designate the conference as a joint agency to maintain for them such additional common services as they may deem desirable for combating organized crime. Except in those cases where all party states join in such designation for common services, the representative of any group of such designating states in the conference shall constitute a separate section of such conference for the performance of the common service or services so designated provided that, if any additional expense is involved, the state so acting shall provide the necessary funds for this purpose. The creation of such a section or joint agency shall not affect the privileges, powers, responsibilities or duties of the states participating therein as embodied in the other articles of this compact.

Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.

§ 1957. Mutual aid - Article VII.

  1. As used in this article:
  2. In case of emergency, upon the request of the administrative head of the state police department of a party state, the administrative head of the state police department of each responding state shall order such part of his state police forces as he, in his discretion, may find necessary to aid the state police forces of the requesting state in order to carry out the purposes set forth in this compact.  In such case, it shall be the duty of the administrative head of the state police department of each responding state to issue the necessary orders for such use of state police forces of his state without the borders of his state, and to direct such forces to place themselves under the operational control of the administrative head of the state police department of the requesting state.
  3. The administrative head of the state police department of any party state, in his discretion, may withhold or recall the police forces of his state, or any part or any member thereof, serving without its borders.
  4. Whenever any of the state police forces of any party state are engaged outside their own state in carrying out the purposes of this compact, the individual members so engaged shall have the same powers, duties, rights, privileges and immunities as members of the state police department of the state in which they are engaged, but, in any event, a requesting state shall save harmless any member of a responding state police department serving within its borders for any act or acts done by him in the performance of his duty while engaged in carrying out the purposes of this compact.
  5. All liability that may arise under the laws of the requesting state or under the laws of the responding state or under the laws of a third state on account of or in connection with a request for aid shall be assumed and borne by the requesting state.
  6. Any responding state rendering aid pursuant to this compact shall be reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation of, any equipment answering a request for aid, and for the cost of the materials, transportation and maintenance of state police personnel and equipment incurred in connection with such request; provided, that nothing herein contained shall prevent any responding state from assuming such loss, damage, expense or other cost.
  7. Each party state shall provide, in the same amounts and manner, as if they were on duty within their state, for the pay and allowances of the personnel of its state police department while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact.
  8. Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its state police department in case such members sustain injuries or are killed within their own state shall provide for the payment of compensation and death benefits in the same manner and on the same terms in case such members sustain injury or are killed while rendering aid pursuant to this compact.

    Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.

  1. "Emergency" means an occurrence or condition, temporary in nature, in which the state police department of a party state is, or may reasonably be expected to be, unable to cope with substantial and imminent danger to the public safety, and in which the cooperation of or aid from local police forces within the state is, or may reasonably be expected to be insufficient.  Also "emergency" shall mean a situation in which an investigation of an aspect of organized crime or events connected with organized crime require augmentation, for a limited time, of the investigative personnel of the state police department from without the state.
  2. "Requesting state" means the state whose state police department requests assistance in coping with an emergency.
  3. "Responding state" means the state furnishing aid, or requested to furnish aid, pursuant to this article.

§ 1958. Finance - Article VIII.

  1. The conference shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.
  2. Each of the conference's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.  The total amount of appropriation under any such budget shall be apportioned among the party states as follows: one third in equal shares; one third divided among the party states in the proportions that their populations bear to the total population of all the party states; and one third divided among the party states in the proportions that the major crimes committed in each party state bear to the total number of major crimes committed in all the party states.

    In determining population pursuant to this paragraph, the most recent decennial census compiled by the United States government shall be used. Numbers of major crimes shall be as reported in the most recent annual "Uniform Crime Report" compiled by the federal bureau of investigation of the United States department of justice, or by any agency which may assume responsibility for such compilation in the place of such bureau. In the event that any source of information required to be used for the purpose of this paragraph shall be discontinued, the conference shall make its calculations on the basis of the best alternative sources of information and shall identify the sources used.

  3. The conference shall not pledge the credit of any party state.  The conference may meet any of its obligations in whole or in part with funds available to it under article III(j) of this compact, provided that the conference takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner.  Except where the conference makes use of funds available to it under article III(j) hereof, the conference shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
  4. The conference shall keep accurate accounts of all receipts and disbursements.  The receipts and disbursements of the conference shall be subject to the audit and accounting procedures established under its rules.  However, all receipts and disbursements of funds handled by the conference shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the conference.
  5. The accounts of the conference shall be open at any reasonable time for inspection by duly constituted officers of the party states and any persons authorized by the conference.
  6. Nothing contained herein shall be construed to prevent conference compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the conference.

    Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.

History

Reference in text. Article III of the compact, referred to in subsec. (c), is codified as section 1953 of this title.

§ 1959. Construction and severability - Article IX.

This compact shall be liberally construed so as to effectuate the purpose thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.

Subchapter 2. Provisions Relating to Compact

§ 1971. Administrator.

The commissioner of public safety shall be the "administrative head of the state police department" for the purposes of the New England state police compact set forth in subchapter 1 of this chapter.

Added 1967, No. 288 (Adj. Sess.), § 2, eff. March 15, 1968.

§ 1972. Alternate representative.

The commissioner of public safety may designate an alternate to serve in his place and stead on the New England state police administrators' conference as permitted by article III(b) and (c) of the New England state police compact; however, it is the intention of the general assembly that the commissioner shall attend and participate in the work of the conference in person to the maximum extent practicable.

Added 1967, No. 288 (Adj. Sess.), § 3, eff. March 15, 1968.

History

Reference in text. Article III of the compact, referred to in this section, is codified as section 1953 of this title.

CHAPTER 115. IDENTIFICATION AND RECORDS DIVISION

Sec.

§§ 2011-2021. Repealed. 1969, No. 290 (Adj. Sess.), § 12.

History

Former §§ 2011-2021. Former § 2011, relating to the creation of the identification and records division, was derived from 1949, No. 240 , § 4; V.S. 1947, § 10,329; P.L. § 5499; 1933, No. 157 , § 5193; and 1925, No. 131 , § 1.

Former § 2012, relating to the appointment and duties of the superintendent of the identification and records division, was derived from 1949. No. 240, §§ 4, 5; V.S. 1947, §§ 10,329, 10,330; 1947, No. 202 , § 10,187; P.L. §§ 5499, 5500; and 1925, No. 131 , § 1.

Former § 2013, relating to cooperation with other agencies, was derived from 1949, No. 240 , § 5; V.S. 1947, § 10,330; 1947, No. 202 , § 10,187; P.L. § 5500; and 1925, No. 131 , § 1.

Former § 2014, relating to cooperation of law enforcement agencies with the superintendent in the establishment of a complete system of criminal identification, was derived from 1949, No. 240 , § 5; V.S. 1947, § 10,330; 1947, No. 202 , § 10,187; P.L. § 5500; and 1925, No. 131 , § 1.

Former § 2015, relating to records of prisoners, was derived from 1949, No. 240 , § 6; V.S. 1947, § 10,331; P.L. § 5501; and 1925, No. 131 , § 2.

Former § 2016, relating to records of fugitives, was derived from 1949, No. 240 , § 7; V.S. 1947, § 10,332; P.L. § 5502; and 1925, No. 131 , § 2.

Former § 2017, relating to records of persons arrested for felonies or misdemeanors, was derived from 1949, No. 240 , § 8; V.S. 1947, § 10,333; P.L. § 5503; and 1925, No. 131 , § 2.

Former § 2018, relating to the duty of the superintendent to receive, index and file records of reports of convictions and records and to forward such reports and records to the department or departments having jurisdiction, was derived from 1949, No. 240 , § 9; V.S. 1947, § 10,334; 1947, No. 202 , § 10,191; and 1935, No. 133 , §§ 1, 2; and amended by 1965, No. 194 , § 10.

Former § 2019, relating to the duty of the superintendent to compare descriptions and fingerprints received with those on file and to inform the arresting officer of his findings, was derived from 1949, No. 240 , § 10; V.S. 1947, § 10,335; P.L. § 5504; and 1925, No. 131 , § 2.

Former § 2020, relating to the maintenance of records of voluntarily registered fingerprints, was derived from 1949, No. 240 , § 11; V.S. 1947, § 10,336; P.L. § 5505; and 1925, No. 131 , § 2.

Former § 2021, relating to the custody of records and transcripts by the department of public safety, was derived from 1949, No. 240 , § 12; V.S. 1947, § 10,337; P.L. § 5506; and 1925, No. 131 , § 3.

The subject matter of the former sections is now covered by § 2051 et seq. of this title.

CHAPTER 117. VERMONT CRIME INFORMATION CENTER

Sec.

History

Amendments--2013 (Adj. Sess.). Chapter heading: 2013, No. 119 (Adj. Sess.), § 1 substituted "Crime" for "Criminal".

Vermont Crime Information Center. 2003, No. 157 (Adj. Sess.), § 15, provided: "The director of the Vermont crime information center shall maintain and disseminate criminal records pursuant to chapter 117 of Title 20 [this chapter] regardless of whether the record is fingerprint-supported. Any 'no print, no record' rule or policy of the center shall be void."

Cross References

Cross references. Department of public safety generally, see part 5 of this title.

Missing person reports, see chapter 112, subchapter 1 of this title.

New England State Police Compact, see chapter 114 of this title.

§ 2051. Creation of Center.

There shall be within the Department of Public Safety a center to be known as the Vermont Crime Information Center. It shall be the official State repository for all criminal records, records of the commission of crimes, arrests, convictions, photographs, descriptions, fingerprints, and such other information as the Commissioner deems pertinent to criminal activity.

Added 1969, No. 290 (Adj. Sess.), § 10; amended 2013, No. 119 (Adj. Sess.), § 2.

History

Amendments--2013 (Adj. Sess.). Substituted "Crime Information Center" for "criminal information center" following "Vermont".

§ 2052. Director.

The commissioner of public safety shall appoint a qualified person as director of the center.

Added 1969, No. 290 (Adj. Sess.), § 10.

§ 2053. Cooperation with other agencies.

  1. The Center shall cooperate with other State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers in this State and with federal and international law enforcement agencies to develop and carry on a uniform and complete State, interstate, national, and international system of records of commission of crimes and information.
    1. All State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers shall cooperate with and assist the Center in the establishment of a complete and uniform system of records relating to the commission of crimes, arrests, convictions, imprisonment, probation, parole, fingerprints, photographs, stolen property, and other matters relating to the identification and records of persons who have or who are alleged to have committed a crime, or who are missing persons, or who are fugitives from justice. (b) (1)  All State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers shall cooperate with and assist the Center in the establishment of a complete and uniform system of records relating to the commission of crimes, arrests, convictions, imprisonment, probation, parole, fingerprints, photographs, stolen property, and other matters relating to the identification and records of persons who have or who are alleged to have committed a crime, or who are missing persons, or who are fugitives from justice.
    2. In order to meet the requirements of subdivision (1) of this subsection, the Center, in consultation with the Vermont Crime Research Group, statewide racial justice groups, and statewide groups representing individuals with lived experience of a mental health condition or psychiatric disability, shall establish and provide training on a uniform list of definitions to be used in entering data into a law enforcement agency's system of records, and every law enforcement officer shall use those definitions when entering data into his or her agency's system.

      Added 1969, No. 290 (Adj. Sess.), § 10; amended 2019, No. 166 (Adj. Sess.), § 20, eff. Oct. 1, 2020.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "commission of crimes" for "criminal activities" preceding "and information" at the end.

Subsec. (b): Added the subdiv. (1) designation and added subdiv. (2).

§ 2054. Uniform reports.

  1. The Center shall provide State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers with uniform forms for the reporting of the commission of crimes, arrests, convictions, imprisonment, probation, parole, fingerprints, missing persons, fugitives from justice, stolen property, and such other matters as the Commissioner deems relevant. The Commissioner of Public Safety shall adopt rules relating to the use, completion, and filing of the uniform forms and to the operation of the Center.
  2. A department, agency, or law enforcement officer who fails to comply with the rules adopted by the Commissioner with respect to the use, completion, or filing of the uniform forms, after notice of failure to comply, shall be fined not more than $100.00. Each such failure shall constitute a separate offense.

    Added 1969, No. 290 (Adj. Sess.), § 10; amended 2021, No. 20 , § 159.

History

Amendments--2021. Subsec. (a): Substituted "rules" for "regulations" in the second sentence.

Subsec. (b): Substituted "rules" for "regulations" and substituted "Commissioner" for "director" in the first sentence.

Cross References

Cross references. Adoption of rules generally, see 3 V.S.A. chapter 25.

§ 2055. Files.

  1. The director of the Vermont crime information center shall maintain and disseminate such files as are necessary relating to the commission of crimes, arrests, convictions, disposition of criminal causes, probation, parole, fugitives from justice, missing persons, fingerprints, photographs, stolen property and such matters as the commissioner deems relevant.
  2. The director shall maintain criminal records pursuant to this chapter regardless of whether the record is fingerprint supported. Any "no print, no record" rule or policy of the center shall be void.

    Added 1969, No. 290 (Adj. Sess.), § 10; amended 2003, No. 122 (Adj. Sess.), § 86a.

History

Amendments--2003 (Adj. Sess.). Subsec. (a): Added the subsection designation; inserted "Vermont crime information" preceding "center" and "and disseminate" following "maintain".

Subsec. (b): Added.

§ 2056. Certified records.

Upon the request of a superior judge, the attorney general, or a state's attorney, the center shall prepare the record of arrests, convictions, or sentences of a person. The record, when duly certified by the commissioner of public safety or the director of the center, shall be competent evidence in the courts of this state. Such other information as is contained in the center may be made public only with the express approval of the commissioner of public safety.

Added 1969, No. 290 (Adj. Sess.), § 10; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 159.

History

Amendments--2009 (Adj. Sess.) Deleted "or district court" preceding "judge" in the first sentence.

Amendments--1973 (Adj. Sess.). Substituted "superior" for "county" preceding "or district court judge" in the first sentence.

§ 2056a. Dissemination of criminal history records to criminal justice agencies.

  1. As used in this section:
    1. "Criminal history record" means all information documenting an individual's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision.
    2. "Criminal justice agencies" means all Vermont courts and other governmental agencies or subunits of governmental agencies that allocate at least 50 percent of the agency's annual appropriation to criminal justice purposes.
    3. "Criminal justice purposes" means the investigation, apprehension, detention, adjudication, or correction of persons suspected, charged, or convicted of criminal offenses. Criminal justice purposes shall also include criminal identification activities; the collection, storage, and dissemination of criminal history records; and screening for criminal justice employment.
    4. "The Center" means the Vermont Crime Information Center.
  2. A criminal justice agency may request a person's criminal history record from the center for criminal justice purposes or other purposes authorized by State or federal law. Upon the request of a criminal justice agency, the Center shall prepare and release a person's Vermont criminal history record, provided that the criminal justice agency has filed a user's agreement with the Center. The user's agreement shall require the criminal justice agency to comply with all federal and State laws, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user's agreement shall be signed and kept current by the agency.
  3. A criminal justice agency may obtain criminal history records from other states and the Federal Bureau of Investigation through the Center, provided that the criminal justice agency has filed a user's agreement with the Center. Release of interstate and Federal Bureau of Investigation criminal history records to criminal justice agencies is subject to the rules and regulations of the Federal Bureau of Investigation's National Crime Information Center.
  4. A criminal history record obtained from the Center shall be admissible evidence in the courts of this State.
  5. No person shall confirm the existence or nonexistence of criminal history record information to any person who would not be eligible to receive the information pursuant to this subchapter.
  6. A person who violates the provisions of this section with respect to unauthorized disclosure of confidential criminal history record information obtained from the Center under the authority of this section shall be fined not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation.

    Added 1999, No. 151 (Adj. Sess.), § 5; amended 2021, No. 20 , § 160.

History

Amendments--2021. Subdiv. (a)(2): Substituted "of governmental agencies" for "thereof."

§ 2056b. Dissemination of criminal history records to persons conducting research.

  1. The Vermont Crime Information Center may provide Vermont criminal history records as defined in section 2056a of this title to bona fide persons conducting research related to the administration of criminal justice, subject to conditions approved by the Commissioner of Public Safety to ensure the confidentiality of the information and the privacy of individuals to whom the information relates. Bulk criminal history data requested by descriptors other than the name and date of birth of the subject may only be provided in a format that excludes the subject's name and any unique numbers that may reference the identity of the subject, except that court docket numbers and the State identification number may be provided. Researchers shall sign a user agreement that specifies data security requirements and restrictions on use of identifying information.
  2. No person shall confirm the existence or nonexistence of criminal history record information to any person other than the subject and properly designated employees of an organization who have a documented need to know the contents of the record.
  3. A person who violates the provisions of this section with respect to unauthorized disclosure of confidential criminal history record information obtained from the Center under the authority of this section shall be fined not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation.

    Added 1999, No. 151 (Adj. Sess.), § 6; amended 2005, No. 169 (Adj. Sess.), § 1; 2007, No. 165 (Adj. Sess.), § 2; 2011, No. 31 , § 5, eff. May 17, 2011; 2013, No. 119 (Adj. Sess.), § 3; 2021, No. 20 , § 161.

History

Amendments--2021. Subsec. (a): Substituted "ensure" for "assure" in the first sentence.

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Crime Information Center" for "criminal information center" following "The Vermont" and "agreement that" for "agreement which" following "sign a user".

Amendments--2011. Subsec. (a): Inserted "requested by descriptors other than the name and date of birth of the subject" preceding "may", "court docket numbers and" following "except that" in the second sentence and substituted "shall" for "must" following "Researchers" at the beginning of the third sentence.

Amendments--2007 (Adj. Sess.) Added the second and third sentences in subsec. (a), and in subsec. (b), substituted "other than the subject and properly designated employees of an organization who have a documented need to know the contents of the record" for "who would not be eligible to receive the information pursuant to this subchapter".

Amendments--2005 (Adj. Sess.). Subsec. (a): Inserted "Vermont criminal information" preceding "center" and "as defined in section 2056a of this title" following "history records".

§ 2056c. Dissemination of criminal conviction records to the public.

  1. As used in this section:
    1. "The Center" means the Vermont Crime Information Center.
      1. "Criminal conviction record" means the record of convictions in the Criminal Division of the Superior Court. (2) (A) "Criminal conviction record" means the record of convictions in the Criminal Division of the Superior Court.
      2. Release of conviction records by the Center pursuant to this section or pursuant to any other provision of State law that permits release of Vermont criminal records shall include only the charge for which the subject of the record was convicted, and shall not include docket numbers.
  2. A person may obtain from the Center a criminal conviction record for any purpose provided that the requestor has completed a user's agreement with the Center. The user's agreement shall prohibit the alteration of criminal records and shall require the requestor to comply with all statutes, rules, and policies regulating the release of criminal conviction records and the protection of individual privacy.
  3. Criminal conviction records shall be disseminated to the public by the Center under the following conditions:
    1. Public access to criminal conviction records shall be provided by a secure Internet site or other alternatives approved by the Center.
    2. A requestor who wishes to receive criminal conviction records from the Center shall accept the terms of a user agreement with the Center. The user agreement shall specify the conditions under which record information is being released and specify guidelines for the proper interpretation and use of the information.
    3. Prior to receiving criminal conviction records using the Center's Internet site, a requestor shall establish a secure, online account with the Center. Issuance of the account is conditioned upon the requestor's willingness to accept the terms of a user agreement with the Center that specifies the conditions under which record information is being released and specifies guidelines for the proper interpretation and use of the information.
    4. All queries shall be by name and date of birth of the subject.
    5. Only "no record" responses and record responses that constitute an exact match to the query criteria shall be returned automatically online. In the event that query criteria suggest a possible match, Center staff will determine whether the query criteria match a record in the repository and shall return the result to the requestor.
    6. An electronic log shall be kept of all transactions that shall indicate the name of the requestor, the date of the request, the purpose of the request, and the result of the request. This log shall not be available to any person, other than Center staff on a need-to-know basis, except pursuant to a court order.
    7. The Center's Internet site shall provide an electronic mechanism for users to notify the Center of possible record errors.
    8. The Center's Internet site shall provide links to Center training information regarding best practices for the use of record checks as part of a complete background check process.
    9. The Center shall charge a fee of $30.00 for each criminal record check query pursuant to this section.
    10. No person entitled to receive a criminal conviction record pursuant to this section shall require an applicant to obtain, submit personally, or pay for a copy of his or her criminal conviction record, except that this subdivision shall not apply to a local governmental entity with respect to criminal conviction record checks for licenses or vendor permits required by the local governmental entity.

      Added 1999, No. 151 (Adj. Sess.), § 7; amended 2005, No. 169 (Adj. Sess.), § 2; 2007, No. 165 (Adj. Sess.), §§ 3, 5; 2007, No. 165 (Adj. Sess.), § 9, eff. July 1, 2009; 2009, No. 108 (Adj. Sess.), § 9; 2009, No. 134 (Adj. Sess.), § 9a; 2009, No. 154 (Adj. Sess.), § 238; 2013, No. 119 (Adj. Sess.), § 4.

History

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Substituted "Crime Information Center" for "criminal information center" following "Vermont".

Amendments--2009 (Adj. Sess.) Subdiv. (a)(2)(A): Act No. 154 substituted "criminal division of the superior court" for "district court".

Subdiv. (c)(10): Acts 108 and 134 added "except that this subdivision shall not apply to a local governmental entity with respect to criminal conviction record checks for licenses or vendor permits required by the local governmental entity".

Amendments--2007 (Adj. Sess.) Section amended generally.

Amendments--2005 (Adj. Sess.). Section amended generally.

Repeal of sunset date of subdiv. (c)(9). 2007, No. 165 (Adj. Sess.), § 9(b) providing for the repeal of subdiv. (c)(9), effective July 1, 2010, was repealed by 2009, No. 134 (Adj. Sess.), § 9(a).

§ 2056d. Criminal history records and other identification records.

  1. Statewide criminal history records shall be released only by the Vermont Crime Information Center.
  2. Information other than criminal history records, such as State identification numbers, shall be released only with the express approval of the Commissioner of Public Safety or in compliance with the order of a court of competent jurisdiction.

    Added 1999, No. 151 (Adj. Sess.), § 8; amended 2005, No. 169 (Adj. Sess.), § 3; 2013, No. 119 (Adj. Sess.), § 5.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Crime Information Center" for "criminal information center" following "Vermont".

Amendments--2005 (Adj. Sess.). Subsec. (a): Inserted "Vermont criminal information" preceding "center".

§ 2056e. Dissemination of criminal history records to the Department of Buildings and General Services; security personnel.

  1. The Department of Buildings and General Services shall obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal Bureau of Investigation for any applicant for a State security personnel position who has given written authorization, on a release form prescribed by the Center, pursuant to the provisions of this subchapter and the user's agreement filed by the Commissioner of Buildings and General Services with the Center. The user's agreement shall require the Department to comply with all federal and State statutes, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user's agreement shall be signed and kept current by the Commissioner. Release of interstate and Federal Bureau of Investigation criminal history records is subject to the rules and regulations of the Federal Bureau of Investigation's National Crime Information Center.
  2. As used in this section, "security personnel" means officers or employees of the State hired to perform security functions for the State, including protecting the public health and welfare; patrolling, securing, monitoring, and safekeeping the property, facilities, and grounds of the State; and exercising other law enforcement duties as may be authorized by State or federal law.
  3. The Commissioner of Buildings and General Services shall obtain from the Vermont Crime Information Center the record of Vermont convictions and pending criminal charges for any security personnel applicant after the applicant has received an offer of employment conditioned on the record check. Nothing in this section shall automatically bar a person who has a criminal record from applying or being selected for a security position.
  4. The Commissioner of Buildings and General Services, through the Vermont Crime Information Center, shall request the record of convictions and pending criminal charges of the appropriate criminal repositories in all states in which there is reason to believe the applicant has resided or been employed.
  5. If no disqualifying record is identified at the State level, the Commissioner of Buildings and General Services, through the Vermont Crime Information Center, shall request from the Federal Bureau of Investigation (FBI) a national criminal history record check of the applicant's convictions and pending criminal charges. The request to the FBI shall be accompanied by a set of the applicant's fingerprints and a fee established by the Vermont Crime Information Center that shall be paid by the Department of Buildings and General Services.
  6. The Vermont Crime Information Center shall send to the requester any record received pursuant to this section or inform the Department of Buildings and General Services that no record exists.
  7. The Department of Buildings and General Services shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont Crime Information Center.
  8. Upon completion of the application process under this section, the applicant's fingerprint card and any copies thereof shall be destroyed.
  9. No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter.

    Added 2001, No. 149 (Adj. Sess.), § 26, eff. June 27, 2002; amended 2013, No. 119 (Adj. Sess.), § 6; 2013, No. 194 (Adj. Sess.), § 7, eff. June 17, 2014; 2017, No. 113 (Adj. Sess.), § 139; 2019, No. 94 (Adj. Sess.), § 1, eff. April 28, 2020.

History

Amendments--2019 (Adj. Sess.). Section heading: Added "; security personnel" following "Department of Buildings and General Services".

Amendments--2017 (Adj. Sess.) Subsec. (c): Substituted "in this section" for "herein" preceding "shall automatically" in the second sentence.

Amendments--2013 (Adj. Sess.). Act No. 119 substituted "Crime Information Center" for "criminal information center" throughout the section.

Subsec. (a): Act No. 194 substituted "Crime Information Center" for "criminal information center" following "the Vermont" and "by the Center" for "under section 2056c of this chapter" preceding "pursuant".

Subsec. (b): Act No. 119 substituted "As used in" for "For the purposes of" preceding "this section" and deleted ", but not limited to:" following "including".

Subsec. (e): Act No. 119 substituted "Crime Information Center that" for "criminal information center which" following "established by the Vermont."

§ 2056f. Dissemination of criminal history records and criminal convictions records to an individual.

A person may obtain a copy of his or her own criminal history record as defined in section 2056a of this title or criminal conviction record as defined in section 2056c of this title or a statement that no record exists from the Vermont Crime Information Center. Copies of a person's criminal history record and criminal conviction record may be obtained by making a personal appearance at the Center during regular business hours or by written request. Written requests shall be on a form specified by the Center and shall contain the person's name, date of birth, place of birth, and signature as attested to by a notary public. A raised seal must be affixed to the form.

Added 2005, No. 169 (Adj. Sess.), § 4; amended 2013, No. 119 (Adj. Sess.), § 7.

History

Amendments--2013 (Adj. Sess.). Substituted "Crime Information Center" for "criminal information center" following "Vermont".

§ 2056g. Repealed. 2007, No. 165 (Adj. Sess.), § 9.

History

Former § 2056g. Former § 2056g, relating to dissemination of criminal history records to licensed private investigators, was derived from 2005, No. 169 (Adj. Sess.), § 5.

§ 2056h. Dissemination of criminal history records to the Department of Financial Regulation.

  1. The Department of Financial Regulation shall obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal Bureau of Investigation (FBI) for any applicant for a banking division examiner position who has given written authorization, on a release form prescribed by the Center, pursuant to the provisions of this subchapter and the user's agreement filed by the Commissioner of Financial Regulation with the Center. The user's agreement shall require the Department to comply with all federal and State statutes, rules, regulations, and policies regulating the release of criminal history records, and the protection of individual privacy. The user's agreement shall be signed and kept current by the Commissioner. Release of interstate and FBI criminal history records is subject to the rules and regulations of the FBI's National Crime Information Center.
  2. As used in this section, "banking division examiner" means employees of the State hired to perform onsite or offsite examinations of banks, credit unions, or any other entity licensed, regulated, or otherwise under the jurisdiction of the Banking Division of the Department of Financial Regulation.
  3. The Commissioner of Financial Regulation shall obtain from the Vermont Crime Information Center the record of Vermont convictions and pending criminal charges for any banking division examiner applicant after the applicant has received an offer of employment conditioned on the record check. Nothing in this section shall automatically bar a person who has a criminal record from applying or being selected for a banking division examiner position.
  4. The Commissioner of Financial Regulation, through the Vermont Crime Information Center, shall request the record of convictions and pending criminal charges of the appropriate criminal repositories in all states in which there is reason to believe the applicant has resided or been employed.
  5. If no disqualifying record is identified at the State level, the Commissioner of Financial Regulation, through the Vermont Crime Information Center, shall request from the FBI a national criminal history record check of the applicant's convictions and pending criminal charges. The request to the FBI shall be accompanied by a set of the applicant's fingerprints and a fee established by the Vermont Crime Information Center, which shall be paid by the Department of Financial Regulation.
  6. The Vermont Crime Information Center shall send to the requester any record received pursuant to this section or inform the Department of Financial Regulation that no record exists.
  7. The Department of Financial Regulation shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont Crime Information Center.
  8. Upon completion of the application process under this section, the applicant's fingerprint card and any copies thereof shall be destroyed.
  9. No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter.

    Added 2007, No. 49 , § 1; amended 2013, No. 119 (Adj. Sess.), § 8; 2013, No. 194 (Adj. Sess.), § 8, eff. June 17, 2014; 2015, No. 23 , § 146; 2017, No. 113 (Adj. Sess.), § 140.

History

2012. Throughout the section, substituted "Department of Financial Regulation" for "Department of Banking, Insurance, Securities, and Health Care Administration" and correspondingly revised the title of the Commissioner of that Department in accordance with 2011, No. 78 (Adj. Sess.), § 2.

Amendments--2017 (Adj. Sess.) Subsec. (c): Substituted "in this section" for "herein" preceding "shall automatically" in the second sentence.

Amendments--2015. Subsec. (a): Substituted "for any applicant" for "or any applicant" following "(FBI)" in the first sentence.

Amendments--2013 (Adj. Sess.). Subsec. (a): Act No. 119 substituted "Crime Information Center" for "Criminal Information Center" following "Vermont".

Subsec. (a): Act No. 194 substituted "Crime Information Center" for "Criminal Information Center" following "the Vermont"; deleted "under section 2056c of this chapter" preceding "by the Center,"; and substituted "FBI" for "F.B.I." preceding "criminal" and "National", respectively.

Subsec. (b): Act No. 119 substituted "As used in" for "For purposes of" preceding "this section".

Subsecs. (c)-(g): Act No. 119 substituted "Crime" for "Criminal" following "the Vermont".

§ 2056i. Dissemination of criminal history records to the Department of Buildings and General Services; private contractors.

  1. Definitions.  As used in this section:
    1. "Criminal record" means the record of:
      1. convictions in Vermont; or
      2. convictions in other jurisdictions recorded in other state repositories or by the Federal Bureau of Investigation (FBI).
    2. "Private contractor" means any individual who is performing specific services or functions for the Department of Buildings and General Services on State-owned or -leased property pursuant to a contract with the State or a subcontract with a person who has contracted with the State and includes an individual who is employed by a person that is performing specific services or functions for the Department of Buildings and General Services on State-owned or -leased property pursuant to a contract with the State or a subcontract with a person who has contracted with the State.
  2. Authority.  The Department of Buildings and General Services may obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal Bureau of Investigation for any person who is or will be working in a private contractor position and any applicant for a private contractor position who has given written authorization, on a release form prescribed by the Center, pursuant to the provisions of this subchapter and the user's agreement filed by the Commissioner of Buildings and General Services with the Center. The user's agreement shall require the Department to comply with all federal and State statutes, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user's agreement shall be signed and kept current by the Commissioner. Release of interstate and Federal Bureau of Investigation criminal history records is subject to the rules and regulations of the Federal Bureau of Investigation's National Crime Information Center.
  3. Request process.  A request made under this section shall be accompanied by a set of the person's fingerprints.
  4. Notice of records.  Upon completion of a criminal record check, the Vermont Crime Information Center shall send to the Commissioner a notice that no record exists or, if a record exists, a copy of any criminal record.
  5. Process for sending information.  The Commissioner may inform the contractor in writing of the approved level of access granted for each person for which a record was obtained, but shall not reveal the content of the record to the contractor.
  6. Notice of rights.  Information sent to a person by the Commissioner of Buildings and General Services under subsection (e) of this section shall be accompanied by a written notice of the person's rights under subsection (g) of this section, a description of the policy regarding maintenance and destruction of records, and the person's right to request that the notice of no record or record be maintained for purposes of using it to comply with future criminal record check requests pursuant to subsection (i) of this section.
  7. Appeal.  Any person subject to a criminal record check pursuant to this section may challenge the accuracy of the record by appealing to the Vermont Crime Information Center pursuant to rules adopted by the Commissioner of Public Safety.
  8. Confidentiality.  Criminal records and criminal record information received under this section are designated confidential unless, under subsection (e) of this section, or State or federal law or regulation, the record or information may be disclosed to specifically designated persons.
  9. Recheck of records request.  The Commissioner may request a name and date of birth or fingerprint-supported recheck of the criminal record for any person who is working in a private contractor position every three years or as otherwise required by law.
  10. Maintenance or records.  The Commissioner shall maintain the record or information pursuant to the user agreement for maintenance of records. At the end of the time required by the user agreement for maintenance of the information, the Commissioner shall destroy the information in accordance with the user agreement.

    Added 2019, No. 94 (Adj. Sess.), § 2, eff. April 28, 2020.

§ 2057. Information.

From time to time but at least annually, the center shall publish information relating to criminal activity, arrests, convictions and such other information as the commissioner deems relevant.

Added 1969, No. 290 (Adj. Sess.), § 10.

§ 2058. Repealed. 1971, No. 258 (Adj. Sess.), § 19.

History

Former § 2058. Former § 2058, relating to the effect of the chapter upon the departments of motor vehicles and the department of corrections, was derived from 1969, No. 290 (Adj. Sess.), § 10.

The subject matter of the former section is now covered by § 2059 of this title.

§ 2059. Relationship to departments of corrections and motor vehicles.

This chapter shall not apply to traffic offenses or any provisions of Title 23, 3 V.S.A. § 3116a , or those sections of Title 32 which are administered by the commissioner of motor vehicles. Notwithstanding any other provisions of this chapter the department of corrections shall be only required to furnish statistical, identification and status data, and the provisions shall not extend to material related to case supervision or material of a confidential nature such as presentence investigation, medical reports or psychiatric reports.

Added 1973, No. 205 (Adj. Sess.), § 5; amended 1979, No. 46 , § 5, eff. April 26, 1979.

History

Reference in text. Section 3116a of Title 3, referred to in the first sentence, was repealed by 1985, No. 224 (Adj. Sess.), § 8. The subject matter of the former section is now covered by § 2001 of Title 5.

Amendments--1979. Inserted "3 V.S.A. § 3116a" following "Title 23" in the first sentence.

Cross References

Cross references. Corrections generally, see Title 28.

§ 2060. Release of records.

The center is authorized to release records or information requested under 33 V.S.A. § 309 or 6914, 26 V.S.A. § 1353 , 24 V.S.A. § 4010 , or chapter 5, subchapter 4 of Title 16.

Added 1991, No. 159 (Adj. Sess.), § 1; amended 1993, No. 100 , § 10; 1995, No. 51 , § 4; 1997, No. 163 (Adj. Sess.), § 2; 2011, No. 61 , § 6, eff. June 2, 2011.

History

Reference in text. 33 V.S.A. § 309, referred to in this section, was repealed by 2013, No. 131 (Adj. Sess.), § 14, effective May 20, 2014.

Amendments--2011. Substituted "33 V.S.A. § 309 or 6914, 26 V.S.A. § 1353," for "section 309 or 6914 of Title" following "under"; deleted "section of 4010 of Title" preceding "24" and inserted "V.S.A. § 4010" following "24".

Amendments--1997 (Adj. Sess.). Substituted "chapter 5, subchapter 4" for "section 214" near the end of the section.

Amendments--1995 Inserted "section 4010 of Title 24" following "Title 33".

Amendments--1993 Substituted "section 309 or 6914" for "section 309" following "requested under".

§ 2061. Fingerprinting.

  1. A law enforcement officer shall take, or cause to be taken, the fingerprints and photographs of a person if the person is arrested or given a summons or citation for a felony or for being a fugitive from justice.
  2. A law enforcement officer may take, or cause to be taken, the fingerprints and photographs of a person who is arrested or given a summons or citation for a misdemeanor, only in the event that the officer would be permitted to make an arrest under Rule 3 of the Vermont Rules of Criminal Procedure.
  3. A person who is to be fingerprinted and photographed under subsection (a) or (b) of this section and who is not arrested may be detained for a reasonable period of time for the sole purpose of obtaining the person's fingerprints and photographs. Such a detention shall not constitute an arrest, and shall be for the sole purpose of accurately identifying the person. Upon completion of the fingerprinting and photographing, the detention shall terminate, and the person shall be released in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.
  4. When a defendant who may be fingerprinted and photographed under subsection (a) of this section is arraigned and has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the arraignment, the defendant shall submit to be fingerprinted and photographed at a time and place set by the court. When a defendant is arraigned for any misdemeanor and has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the arraignment, upon request of the attorney for the state and for good cause shown, the court shall order that the defendant submit to be fingerprinted and photographed at a time and place set by the court.
  5. If a defendant is convicted of a misdemeanor or a felony and the conviction results in a sentence of imprisonment, whether that sentence is to be served, deferred or suspended, and the defendant has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the conviction, upon the request of the attorney for the state, the defendant shall submit to be fingerprinted and photographed at a time and place set by the court as a condition of probation.
  6. When a charge for a criminal offense is filed against a person already in the custody of a law enforcement agency or the department of corrections, and such charges are filed in a case separate from the case for which the person is in custody, the arresting officer or other appropriate official shall take the fingerprints and photographs of the person in connection with the new case.
  7. Persons in charge of correctional facilities shall obtain fingerprints and photographs of all offenders lodged at correctional facilities pursuant to a criminal offense.
  8. If a law enforcement officer or other authorized person requests to take the fingerprints and photographs of a person who may be fingerprinted and photographed under this section, that person shall submit to taking of fingerprints and photographs.
  9. Fingerprints and photographs taken pursuant to this section shall be forwarded to the Vermont crime information center.
  10. In all cases, fingerprints and photographs shall be taken in the form specified by the commissioner of public safety, and shall be accompanied by additional identifying demographic information as required by rules adopted by the commissioner.
  11. The Vermont crime information center, law enforcement agencies and correctional facilities shall destroy all copies of fingerprints and photographs of accused persons that were taken in connection with a particular alleged offense in any of the following circumstances:
    1. No criminal charge is filed by the state.
    2. The court does not make a determination of probable cause at the time of arraignment or dismisses the charge at the time of arraignment.
    3. The defendant is acquitted after a trial of all charges related to the incident which prompted the taking of the fingerprints and photographs.
    4. All criminal charges related to an incident that caused fingerprints and photographs to be taken are dismissed by either the court or the state after arraignment, unless the attorney for the state can show good cause why the fingerprints and photographs should not be destroyed.
  12. The Vermont crime information center shall establish procedures for providing prompt notification to law enforcement agencies and correctional facilities where the destruction of photographs and fingerprints is required.
  13. The Vermont crime information center may electronically transmit fingerprints and photographs of accused persons to the Federal Bureau of Investigation (FBI) at any time after arrest, summons, or citation. If the Vermont crime information center forwards fingerprints and photographs to the FBI and the defendant is acquitted, the Vermont crime information center shall request the FBI to destroy the fingerprints and photographs. If the Vermont crime information center forwards fingerprints and photographs to the FBI and all charges against the defendant are dismissed, the Vermont crime information center shall request the FBI to destroy the fingerprints and photographs, unless the attorney for the state can show good cause why the fingerprints and photographs should not be destroyed.
  14. The commissioner of public safety shall adopt rules to implement this section.

    Added 1999, No. 151 (Adj. Sess.), § 2; amended 2009, No. 58 , § 18.

History

Amendments--2009. Subsec. (m): Amended generally.

ANNOTATIONS

Analysis

1. Failure to submit as violation of probation .

Fingerprinting statute plainly directs that the court require that a defendant who is sentenced to imprisonment submit to fingerprinting as a condition of probation. Thus, the legislature intended that a failure to submit to fingerprinting will be a violation of probation, punishable like any other violation. State v. Stell, 182 Vt. 368, 937 A.2d 649 (2007).

2. Postjudgment fingerprinting .

Plain language of the fingerprinting statute provides only probation, and, by extension, violation-of-probation proceedings, as the means to enforce post-sentencing fingerprinting. A trial court's fingerprinting order and defendant's resulting criminal contempt conviction, therefore, were in violation of the fingerprinting statute, and the contempt conviction had to be vacated. State v. Stell, 182 Vt. 368, 937 A.2d 649 (2007).

Because of the specific authorization in one part of the fingerprinting statute for an order requiring a defendant to appear for fingerprinting at arraignment and the direction for only a probation order in the section of the statute dealing with those convicted of crimes, the legislature intended that the postjudgment requirement for fingerprinting be imposed only in a probation order and not by separate order. State v. Stell, 182 Vt. 368, 937 A.2d 649 (2007).

3. Harmless error .

There was no harmless error when defendant was convicted of both criminal contempt and a violation of probation for failing to appear for fingerprinting. An improper criminal conviction, even one carrying with it a minimal penalty, could not be harmless; wrongful convictions were precisely the sort of miscarriage of justice the court could not let stand. State v. Stell, 182 Vt. 368, 937 A.2d 649 (2007).

4. Misdemeanor arraignments.

Fingerprinting statute unambiguously requires an individualized showing of good cause for the court to order fingerprinting in the context of a misdemeanor arraignment, and does not authorize a blanket rule pursuant to which courts may order fingerprinting at arraignment in all misdemeanor cases. State v. Grant, 211 Vt. 336, 225 A.3d 254 (2019).

Because the fingerprinting statute required an individualized finding of good cause to order fingerprinting and photographing at a misdemeanor arraignment, it was error to impose a condition of release requiring that defendant submit to fingerprinting when the State had presented no individualized evidence that could support a finding of good cause. State v. Grant, 211 Vt. 336, 225 A.3d 254 (2019).

§ 2062. Fingerprinting fees.

State, county, and municipal law enforcement agencies may charge a fee of not more than $25.00 for providing persons with a set of classifiable fingerprints. No fee shall be charged to retake fingerprints determined by the Vermont Crime Information Center not to be classifiable. Fees collected by the State of Vermont under this section shall be credited to the Fingerprint Fee Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Public Safety to offset the costs of providing these services.

Added 1999, No. 151 (Adj. Sess.), § 3; amended 2009, No. 134 (Adj. Sess.), § 9b; 2013, No. 119 (Adj. Sess.), § 9.

History

Amendments--2013 (Adj. Sess.). Substituted "Crime Information Center" for "criminal information center" following "Vermont" and "32 V.S.A. chapter 7, subchapter 5" for "subchapter 5 of chapter 7 of Title 32," following "pursuant to".

Amendments--2009 (Adj. Sess.) Substituted "$25.00" for "$15.00" in the first sentence.

§ 2063. Criminal history record fees; Criminal History Record Check Fund.

  1. Except as otherwise provided for in this section, the cost of each check for a criminal history record as defined in section 2056a of this title or a criminal conviction record as defined in section 2056c of this title based on name and date of birth shall be $30.00. Out-of-state criminal history record checks shall include any additional fees charged by the state from which the record is requested.
  2. Requests made by criminal justice agencies for criminal justice purposes or other purposes authorized by State or federal law shall be exempt from all record check fees. The following types of requests shall be exempt from the Vermont criminal record check fee:
    1. Requests made by any individual, organization, or governmental body doing business in Vermont that has one or more individuals performing services for it within this State and is a qualified entity that provides care or services to children, elders, or persons with disabilities as defined in 42 U.S.C. § 5119c .
    2. Requests made by researchers approved by the Vermont Crime Information Center to conduct research related to the administration of criminal justice. A fee, however, may be charged by the Center, which shall reflect the cost of generating the requested information.
    3. Requests made by individuals to review their own record at the Vermont Crime Information Center; however, copies of the individual's record are not exempt from the record check fee.
    4. Requests made by the Vermont State Housing Authority and other public housing authorities pursuant to 24 V.S.A § 4010(c).
    5. Requests made by environmental enforcement officers employed by the Agency of Natural Resources.
    1. The Criminal History Record Check Fund is established and shall be managed by the Commissioner of Public Safety in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. The fees paid each year under this section shall be placed in the Fund and used for personal services and operating costs related to the processing, maintenance, and dissemination of criminal history records. The Commissioner of Finance and Management may draw warrants for disbursements from this Fund in anticipation of receipts. (c) (1)  The Criminal History Record Check Fund is established and shall be managed by the Commissioner of Public Safety in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. The fees paid each year under this section shall be placed in the Fund and used for personal services and operating costs related to the processing, maintenance, and dissemination of criminal history records. The Commissioner of Finance and Management may draw warrants for disbursements from this Fund in anticipation of receipts.
    2. At the end of each fiscal year, any undesignated surplus in the Fund shall be transferred to the General Fund.
  3. The Department of Public Safety shall have the authority, with the approval of the Secretary of Administration, to establish limited service positions as are necessary to provide criminal record checks in a timely manner, provided that there are sufficient funds in the Criminal History Record Check Fund to pay for the costs of these positions.

    Added 1999, No. 151 (Adj. Sess.), § 4; amended 2005, No. 169 (Adj. Sess.), § 6; 2007, No. 76 , § 33a; 2007, No. 165 (Adj. Sess.), §§ 4, 9; 2007, No. 165 (Adj. Sess.), § 6, eff. July 1, 2009; 2009, No. 54 , § 61, eff. June 1, 2009; 2013, No. 96 (Adj. Sess.), § 121; 2013, No. 119 (Adj. Sess.), § 10; 2015, No. 172 (Adj. Sess.), § E.208.1.

History

Reference in text. 42 U.S.C. § 5119c, referred to in subdiv. (b)(1), was transferred by the compilers of the U.S. Code and is now codified as 34 U.S.C. § 40104.

Amendments--2015 (Adj. Sess.). Subsec. (c): Amended generally.

Amendments--2013 (Adj. Sess.). Subdiv. (b)(1): Act No. 96 substituted "elders" for "the elderly" following "children,".

Subdiv. (b)(1): Act No. 119 substituted "Vermont that" for "Vermont which" following "business in" and deleted "which" following "State and".

Subdivs. (b)(2), (b)(3): Act No. 119 substituted "Crime Information Center" for "criminal information center" following "Vermont".

Amendments--2009. Subsec. (b): Added subdiv. (5).

Amendments--2007 (Adj. Sess.) Subsec. (a): Substituted "$20.00" for "$10.00" in the first sentence.

Subsec. (c): Designated the existing provisions of the subsection as subdiv. (1), and in that subdivision, substituted "The first $179,000.00 of fees" for "All" in the second sentence, and added subdiv. (2).

Amendments--2007 Subdiv. (b)(4): Added.

Amendments--2005 (Adj. Sess.). Subsec. (a): Substituted "cost of each check for a criminal history" for "cost of each criminal history check record as defined in section 2056a of this title or a criminal conviction record as defined in section 2056c of this title".

Subdiv. (b)(1): Amended generally.

Subdiv. (b)(2): Added "Vermont criminal information" preceding "center" and added the last sentence.

Subsec. (c): Substituted "subchapter 5 of chapter 7 of Title 32" for "Title 32, chapter 7, subchapter 5".

Repeal of sunset date. 2007, No. 165 (Adj. Sess.), § 9(b) which provided for the repeal of subsecs. (a) and (c), effective July 1, 2010, was repealed by 2009, No. 134 (Adj. Sess.), § 9(a).

§ 2064. Subscription service.

  1. As used in this section:
    1. "State Identification Number (SID)" means a unique number generated by the Center to identify a person in the criminal history database.
    2. "Subscription service" means a service provided by the Center through which authorized requestors may be notified when an individual's criminal record is updated.
  2. The Center shall provide the Department for Children and Families and education officials authorized under 16 V.S.A. chapter 5, subchapter 4 to receive criminal records access to a criminal record subscription service. Authorized persons may subscribe to an individual's SID number, provided the individual has given written authorization on a release form provided by the Center.
  3. The release form shall contain the individual's name, signature, date of birth, and place of birth. The release form shall state that the individual has the right to appeal the findings to the Center, pursuant to rules adopted by the Commissioner of Public Safety.
  4. The Center shall provide authorized officials with information regarding the subscription service offered by the Center prior to being authorized to participate in the subscription service. The materials shall address the following topics:
    1. Requirements of subscription, renewal, and cancellation with the service.
    2. How to interpret the criminal conviction records.
    3. How to obtain source documents summarized in the criminal conviction records.
    4. Misuse of the subscription service.
  5. Authorized officials shall certify on their subscription request that they have read and understood materials prior to receiving authorization to request a subscription from the Center.
  6. During the subscription period, the Center shall notify authorized officials in writing if new criminal conviction information is added to an individual's criminal history record. Notification may be sent electronically.
  7. An authorized official who receives a criminal conviction record pursuant to this section shall provide a free copy of such record to the subject of the record within ten days of receipt of the record.
  8. Except insofar as criminal conviction record information must be retained or made public pursuant to 16 V.S.A. chapter 51 or the State Board of Education administrative rules adopted pursuant to that chapter, no person shall confirm the existence or nonexistence of criminal conviction record information or disclose the contents of a criminal conviction record without the individual's permission to any person other than the individual and properly designated employees of the authorized education official who have a documented need to know the contents of the record.
  9. Except insofar as criminal conviction record information must be retained or made public pursuant to 16 V.S.A. chapter 51 or the State Board of Education administrative rules adopted pursuant to that chapter, authorized education officials shall confidentially retain all criminal conviction information received pursuant to this section for a period of three years. At the end of the retention period, the criminal conviction information must be shredded.
  10. A person who violates any subsection of this section shall be assessed a civil penalty of not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation. The Attorney General shall have authority to enforce this section.

    Added 2009, No. 1 , § 8, eff. July 1, 2010; amended 2021, No. 20 , § 162.

History

Amendments--2021. Subdiv. (a)(2): Substituted "Center through which" for "center whereby."

Subsec. (b): Substituted "16 V.S.A. chapter 5, subchapter 4" for "subchapter 4 of chapter 5 of Title 16" in the first sentence.

Subsec. (h): Substituted "16 V.S.A. chapter 51" for "chapter 51 of Title 16" and substituted "adopted pursuant to that chapter" for "promulgated thereunder."

Subsec. (i): Substituted "16 V.S.A. chapter 51" for "chapter 51 of Title 16" and substituted "adopted pursuant to that chapter" for "promulgated thereunder."

Subsec. (j): Substituted "Attorney General" for "office of the attorney general" in the last sentence.

§ 2065. Ratification of the national crime prevention and privacy compact.

  1. The Vermont general assembly hereby approves and ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. sections 14611-14616. The compact shall remain in effect until legislation is enacted renouncing or rescinding the compact.
  2. The commissioner of the department of public safety shall execute, administer, and implement the compact on behalf of the state, and may adopt rules as necessary for the national exchange of criminal history records for noncriminal justice purposes.
  3. Criminal history records as defined in subdivision 2056a(a)(1) of this title shall be made available to lawfully entitled requestors in other states according to the provisions of the National Crime Prevention and Privacy Compact.
  4. Nothing in this section shall alter the duties and responsibilities of the commissioner of the department of public safety regarding the dissemination of criminal history records within the state of Vermont pursuant to statute.

    Added 2009, No. 108 (Adj. Sess.), § 1.

History

Reference in text. 42 U.S.C. sections 14611-14616, referred to in subsec. (a), were transferred by the compilers of the U.S. Code and are now codified as 34 U.S.C. §§ 40311-40316.

PART 6 Peace Officers and Investigators

Cross References

Cross references. County sheriffs, see 24 V.S.A. chapter 5, subchapter 5.

Department of public safety, see part 5 of this title.

Municipal police, see 24 V.S.A. chapter 55.

Training of law enforcement officers, see part 6A of this title.

CHAPTER 141. PEACE OFFICERS

Sec.

§ 2221. Employment.

At the expense of the state, the governor may employ sheriffs, deputy sheriffs and constables for the preservation of the public peace when in his judgment the public good requires it. The commissioner of finance and management shall issue his warrant in payment of such expense upon the approval of the governor.

Added 1959, No. 328 (Adj. Sess.), § 8(b); 1983, No. 195 (Adj. Sess.), § 5(b).

History

Source. V.S. 1947, § 434. P.L. § 391. 1925, No. 11 , §§ 1, 2.

Revision note. In the second sentence, substituted "finance director" for "auditor of accounts" pursuant to 1959, No. 328 (Adj. Sess.), § 8(b).

In the second sentence, substituted "commissioner of finance" for "finance director" pursuant to 1971, No. 92 .

In the second sentence, substituted "commissioner of finance and management" for "commissioner of finance and information support" in light of Executive Order No. 35, which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of that entity to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35, see chapter 1 of Title 3 Appendix.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" in the second sentence.

Cross References

Cross references. Emergency management generally, see part 1 of this title.

Disbursements generally, see 32 V.S.A. chapter 7, subchapter 3.

§ 2222. Federal law enforcement officers; power of arrest for Vermont crimes.

  1. For purposes of this section, "a certified federal law enforcement officer" means a federal law enforcement officer who:
    1. is employed as a law enforcement officer of the federal government as:
      1. a special agent, border patrol agent or immigration inspector of the Immigration and Naturalization Service, U.S. Department of Justice; or
      2. an officer or inspector of the U.S. Customs Service of the Department of the Treasury; and
    2. has satisfactorily completed a course of study in Vermont laws and criminal procedures approved by the Vermont Criminal Justice Council, at the expense of the officer's agency;
    3. has been certified by the Commissioner of Public Safety pursuant to subsection (b) of this section; and
    4. has taken an oath administered by the Commissioner of Public Safety or by the Commissioner's designee to uphold the Constitution of the State of Vermont.
  2. The Executive Director of the Criminal Justice Council shall certify a federal law enforcement officer who applies for certification if the officer satisfies the employment and study requirements listed in subsection (a) of this section. A certification under this subsection shall automatically terminate immediately upon the officer's suspension or termination of employment from the federal agency in which he or she was employed at the time the certification occurred.
  3. A certified federal law enforcement officer is authorized to make an arrest pursuant to Rule 3 of the Vermont Rules of Criminal Procedure for violation of Vermont laws anywhere within the State if the officer determines that it is necessary to do any of the following:
    1. Protect an individual in the presence of the officer from the imminent infliction of serious bodily injury.
    2. Provide immediate assistance to an individual who has suffered or is threatened with serious bodily injury.
    3. Prevent the escape of any individual whom the officer reasonably believes has committed a crime in the presence of the officer.
    4. Prevent the escape of any individual whom the officer reasonably believes has committed a felony under Vermont law.
  4. A certified federal law enforcement officer who makes an arrest under this section shall report the arrest, without delay, to the nearest Vermont State Police barracks.
  5. A certified federal law enforcement officer who makes an arrest under the authority of this section shall have the same immunity from liability that a State or municipal law enforcement officer has under the laws of this State.
  6. This section is not intended to limit existing authority of federal officers under federal law or to interfere with the performance of federal duties by federal officers.

    Added 1999, No. 160 (Adj. Sess.), § 12.

History

2020. In subdiv. (a)(2) and subsec. (b), substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

ANNOTATIONS

Cited. State v. Lawrence, 175 Vt. 600, 834 A.2d 10 (mem.) (2003).

CHAPTER 143. INVESTIGATORS

Sec.

§ 2271. Employment; powers.

When in his or her judgment the public good requires it, the attorney general may apply to the governor for leave to employ detective service, at the expense of the state, in the detection and apprehension of a criminal, in the investigation of any criminal offense and in the collection of evidence to secure the conviction of a person accused of crime. A person or persons, residents of this state, so employed may be designated state investigator and, while thus engaged and acting under the orders of the attorney general, shall have and may exercise the powers now granted by law to sheriffs in the enforcement of the criminal law, upon giving a bond to the state in such penal sum as the governor shall require, conditioned for the faithful performance of his or her duties, and upon taking the oath prescribed for sheriffs before any person authorized to administer oaths and upon same being certified to the governor.

History

Source. V.S. 1947, § 457. P.L. § 413. 1933, No. 9 . G.L. § 386. 1915, No. 110 , § 2. 1908, No. 10 . P.S. § 3403. V.S. § 2957. 1894, No. 77 , § 1.

Cross References

Cross references. Oath of sheriffs, see 24 V.S.A. § 291.

§ 2272. Authorization.

The governor may grant such application and shall fix the maximum amount of expense authorized in the particular case.

History

Source. V.S. 1947, § 458. P.L. § 414. G.L. § 387. P.S. § 3404. V.S. § 2958. 1894, No. 77 , § 2.

§ 2273. Statement and warrant for expenses.

The attorney general shall present to the governor for approval an itemized statement of his or her expenses incurred in the employment of detective service under sections 2271 and 2272 of this title. On approval of the governor, the commissioner of finance and management shall issue his or her warrant in favor of the attorney general for such amounts.

Added 1959, No. 328 (Adj. Sess.), § 8(b); 1983, No. 195 (Adj. Sess.), § 5(b).

History

Source. V.S. 1947, § 459. P.L. § 415. G.L. § 388. 1917, No. 254 , § 392. 1915, No. 110 , § 3. P.S. § 3405. V.S. § 2959. 1894, No. 77 , § 3.

Revision note. In the second sentence, substituted "finance director" for "auditor of accounts" pursuant to 1959, No. 328 (Adj. Sess.), § 8(b).

In the second sentence, substituted "commissioner of finance" for "finance director" pursuant to 1971, No. 92 .

In the second sentence, substituted "commissioner of finance and management" for "commissioner of finance and information support" in light of Executive Order No. 35, which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of that entity to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35, see chapter 1 of Title 3 Appendix.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" in the second sentence.

Cross References

Cross references. Disbursements generally, see 32 V.S.A. chapter 7, subchapter 3.

CHAPTER 145. DISPOSITION AND FEE FOR STORAGE OF UNLAWFUL FIREARMS

Sec.

History

Amendments--2013 (Adj. Sess.). Chapter heading: 2013, No. 191 (Adj. Sess.), § 19 inserted "and Fee for Storage" following "Disposition".

Cross References

Cross references. Offenses relating to weapons generally, see 13 V.S.A. chapter 85, subchapter 1.

§ 2301. Applicability of chapter.

Notwithstanding any other provisions of law relating to the retention and disposition of evidence or lost, unclaimed, or abandoned property, the provisions of this chapter shall govern the retention or disposition, or both, of unlawful firearms in the possession of any agency and the disposition of abandoned firearms in the possession of the Department of Public Safety.

Added 1983, No. 132 (Adj. Sess.), § 1; amended 2017, No. 94 (Adj. Sess.), § 1, eff. April 11, 2018.

History

Revision note. Near the end of the section, substituted "section 2302 of this title" for "section 2302" to conform reference to V.S.A. style.

Amendments--2017 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Disposition of unclaimed property generally, see 27 V.S.A. chapter 18.

§ 2302. Unlawful firearms; agency.

As used in this chapter:

  1. "Unlawful firearms" means firearms the possession of which constitutes a violation of federal or State law and firearms carried or used in violation of any federal or State law or in the commission of any federal or State felony.
  2. "Agency" means any State or local law enforcement agency, any State agency except the Vermont Department of Fish and Wildlife, and any local government entity.
  3. "Unlawful per se" means firearms the possession of which is unlawful under any circumstances under State or federal law.
  4. "Abandoned firearms" means firearms in the possession of the Department of Public Safety that are no longer needed as evidence and remain unclaimed for more than 18 months from the date the firearms come into the Department's possession.

    Added 1983, No. 132 (Adj. Sess.), § 1; amended 2017, No. 94 (Adj. Sess.), § 2, eff. April 11, 2018.

History

Revision note. In subsec. (b), substituted "fish and wildlife" for "fish and game" to conform reference to change of name of department pursuant to 1983, No. 158 (Adj. Sess.).

Amendments--2017 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Federal offenses relating to firearms generally, see 18 U.S.C. § 921 et seq.

State offenses relating to weapons generally, see 13 V.S.A. chapter 85, subchapter 1.

§ 2303. Delivery to commissioner of public safety.

  1. Any unlawful firearm in the possession of an agency which is not needed as evidence for or in a criminal prosecution or other judicial or administrative proceeding shall, within 30 days of its receipt by the agency, be delivered to such place and in such manner as the commissioner of public safety designates for ultimate disposition in accordance with the provisions of this chapter.
  2. Any unlawful firearm in the possession of an agency needed as evidence for or in a criminal prosecution or other judicial or administrative proceeding may be retained by the agency for such purposes and until the conclusion of such prosecution or proceeding.  Upon notice to the agency from a state's attorney, other prosecuting official, or other state or federal official having jurisdiction over the subject matter that the unlawful firearm may be released, the agency shall, within 30 days of such notification, deliver the unlawful firearm to such place and in such manner as the commissioner of public safety designates for ultimate disposition in accordance with the provisions of this chapter.

    Added 1983, No. 132 (Adj. Sess.).

Cross References

Cross references. Disposition of unlawful firearms, see § 2305 of this title.

Return of firearms to owners, see § 2306 of this title.

§ 2304. Repealed. 2003, No. 122 (Adj. Sess.), § 294v(8).

History

Former § 2304. Former § 2304, relating to unlawful firearms, was derived from 1983, No. 132 (Adj. Sess.), § 1.

§ 2305. Disposition of unlawful firearms.

  1. Any firearm the possession of which is unlawful per se shall either be destroyed, or if the Commissioner of Public Safety deems it appropriate, retained by the Department of Public Safety for purposes of forensic science reference. In no event shall the Commissioner of Public Safety dispose of such a firearm in any other manner or to any other person.
    1. Except as provided in section 2306 of this title, all unlawful and abandoned firearms shall either be: (b) (1)  Except as provided in section 2306 of this title, all unlawful and abandoned firearms shall either be:
      1. delivered to the Commissioner of Buildings and General Services as directed by him or her for sale to a federally licensed firearms dealer pursuant to the Commissioner's authority under Title 29;
      2. at the discretion of the Commissioner of Buildings and General Services, transferred to the Commissioner of Fish and Wildlife for disposition; or
      3. if the Commissioner of Public Safety deems it appropriate, retained by the Department of Public Safety for purposes of forensic science reference.
    2. Notwithstanding subdivision (1) of this subsection, an unlawful firearm used in the commission of a homicide shall not be delivered to the Commissioner of Buildings and General Services, but shall be disposed of only in accordance with:
      1. the provisions of subsection (a) of this section in the same manner as unlawful per se firearms; or
      2. section 2306 of this title.
  2. When the firearms sold under this section have been delivered by a local law enforcement agency, the Commissioner of Buildings and General Services shall return two-thirds of the net proceeds from the sale to the appropriate municipality. The remaining proceeds shall be allocated pursuant to the authority of the Commissioner of Buildings and General Services under 29 V.S.A. § 1557 . Proceeds allocated to a municipality under this subsection shall, to the extent needed by the municipality, be used to offset the costs of storing nonevidentiary firearms.
  3. No State agency or department or State official shall be subject to any civil, criminal, administrative, or regulatory liability for any act taken or omission made in reliance on the provisions of this chapter.

    Added 1983, No. 132 (Adj. Sess.), § 1; amended 1995, No. 78 (Adj. Sess.), § 16; 2001, No. 80 (Adj. Sess.), § 2; 2017, No. 94 (Adj. Sess.), § 3, eff. April 11, 2018.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2001 (Adj. Sess.). Subsec. (b): Inserted "or at the discretion of the state treasurer, donated to a governmental agency or to a nonprofit organization upon the recommendation of the commissioner of fish and wildlife" following "by the state treasurer" in the first sentence.

Amendments--1995 (Adj. Sess.) Subsec. (b): Added "or by such other manner of sale deemed appropriate by the state treasurer" following "Title 27" in the first sentence.

§ 2306. Rights of innocent owner.

Nothing contained in subsection 2305(b) of this title shall prejudice the rights of the bona fide owner of any unlawful firearm, the disposition of which is governed by that subsection, upon affirmative proof by him or her that he or she had no express or implied knowledge that such unlawful firearm was being or intended to be used illegally or for illegal purposes. If the bona fide owner provides reasonable and satisfactory proof of his or her ownership and of his or her lack of express or implied knowledge to the Commissioner of Public Safety, the unlawful firearm shall be returned to him or her. If the Commissioner of Public Safety determines that the proof offered is not satisfactory or reasonable, the person may, within 14 days, request a hearing before the Commissioner of Buildings and General Services and the Commissioner of Public Safety, jointly. The Commissioner of Buildings and General Services and the Commissioner of Public Safety shall promptly hold a hearing on any claim filed under this section, in accordance with the provisions for contested cases in 3 V.S.A. chapter 25.

Added 1983, No. 132 (Adj. Sess.), § 1; amended 2017, No. 94 (Adj. Sess.), § 4, eff. April 11, 2018.

History

Amendments--2017 (Adj. Sess.). Substituted "Commissioner of Buildings and General Services" for "state treasurer" in the third and fourth sentences.

§ 2307. Firearms relinquished pursuant to relief from abuse order; storage; fees; return.

  1. As used in this section:
    1. "Federally licensed firearms dealer" means a licensed importer, licensed manufacturer, or licensed dealer required to conduct national instant criminal background checks under 18 U.S.C. § 922(t) .
    2. "Firearm" shall have the same meaning as in 18 U.S.C. § 921(a) (3).
    3. "Law enforcement agency" means the Vermont State Police, a municipal police department, or a sheriff's department.
    1. A person who is required to relinquish firearms, ammunition, or other weapons in the person's possession by a court order issued under 15 V.S.A. chapter 21 (abuse prevention) or any other provision of law consistent with 18 U.S.C. § 922(g) (8) shall, unless the court orders an alternative relinquishment pursuant to subdivision (2) of this subsection, upon service of the order immediately relinquish the firearms, ammunition, or weapons to a cooperating law enforcement agency or an approved federally licensed firearms dealer. As used in this subdivision, "person" means anyone who meets the definition of "intimate partner" under 18 U.S.C. § 921(a) (32) or who qualifies as a family or household member under 15 V.S.A. § 1101 . (b) (1)  A person who is required to relinquish firearms, ammunition, or other weapons in the person's possession by a court order issued under 15 V.S.A. chapter 21 (abuse prevention) or any other provision of law consistent with 18 U.S.C. § 922(g) (8) shall, unless the court orders an alternative relinquishment pursuant to subdivision (2) of this subsection, upon service of the order immediately relinquish the firearms, ammunition, or weapons to a cooperating law enforcement agency or an approved federally licensed firearms dealer. As used in this subdivision, "person" means anyone who meets the definition of "intimate partner" under 18 U.S.C. § 921(a) (32) or who qualifies as a family or household member under 15 V.S.A. § 1101 .
      1. The court may order that the person relinquish the firearms, ammunition, or other weapons to a person other than a cooperating law enforcement agency or an approved federally licensed firearms dealer unless the court finds that relinquishment to the other person will not adequately protect the safety of the victim. (2) (A) The court may order that the person relinquish the firearms, ammunition, or other weapons to a person other than a cooperating law enforcement agency or an approved federally licensed firearms dealer unless the court finds that relinquishment to the other person will not adequately protect the safety of the victim.
      2. A person to whom firearms, ammunition, or other weapons are relinquished pursuant to subdivision (2)(A) of this subsection (b) shall execute an affidavit on a form approved by the Court Administrator stating that the person:
        1. acknowledges receipt of the firearms, ammunition, or other weapons;
        2. assumes responsibility for storage of the firearms, ammunition, or other weapons until further order of the court, and specifies the manner in which he or she will provide secure storage of such items;
        3. is not prohibited from owning or possessing firearms under State or federal law; and
        4. understands the obligations and requirements of the court order, including the potential for the person to be subject to civil contempt proceedings pursuant to subdivision (2)(C) of this subsection (b) if the person permits the firearms, ammunition, or other weapons to be possessed, accessed, or used by the person who relinquished the item or by any other person not authorized by law to do so.
      3. A person to whom firearms, ammunition, or other weapons are relinquished pursuant to subdivision (2)(A) of this subsection (b) shall be subject to civil contempt proceedings under 12 V.S.A. chapter 5 if the person permits the firearms, ammunition, or other weapons to be possessed, accessed, or used by the person who relinquished the item or by any other person not authorized by law to do so. In the event that the person required to relinquish the firearms, ammunition, or other weapons or any other person not authorized by law to possess the relinquished items obtains access to, possession of, or use of a relinquished item, all relinquished items shall be immediately transferred to the possession of a law enforcement agency or approved federally licensed firearms dealer pursuant to subdivision (1) of this subsection (b).
  2. A law enforcement agency or an approved federally licensed firearms dealer that takes possession of a firearm, ammunition, or other weapon pursuant to subdivision (b)(1) of this section shall photograph, catalogue, and store the item in accordance with standards and guidelines established by the Department of Public Safety pursuant to subdivision (i)(3) of this section. A firearm, ammunition, or other weapon shall not be taken into possession pursuant to this section if it is being or may be used as evidence in a pending criminal matter.
  3. Fees.
    1. A law enforcement agency that stores firearms, ammunition, or weapons pursuant to subdivision (b)(1) of this section may charge the owner a reasonable storage fee, not to exceed:
      1. $200.00 for the first firearm or weapon, and $50.00 for each additional firearm or weapon for up to 15 months, prorated on the number of months the items are stored; and
      2. $50.00 per firearm or weapon per year for each year or part thereof thereafter.
    2. A federally licensed firearms dealer that stores firearms, ammunition, or weapons pursuant to subdivision (b)(1) of this section may charge the owner a storage fee that is reasonably related to the expenses it incurs in the administration of this section. Any federally licensed firearm dealer that certifies compliance under this section shall provide a copy of its fee schedule to the court.
    3. Fees permitted by this subsection shall not begin to accrue until after the court issues a final relief from abuse order pursuant to 15 V.S.A. § 1103 .
  4. Nothing in this section shall be construed to prohibit the lawful sale of firearms or other items.
  5. A final relief from abuse order issued pursuant to 15 V.S.A. § 1103 requiring a person to relinquish firearms, ammunition, or other weapons shall direct the law enforcement agency, approved federally licensed firearms dealer, or other person in possession of the items under subsection (b) of this section to release them to the owner upon expiration of the order if all applicable fees have been paid.
    1. A law enforcement agency, an approved federally licensed firearms dealer, or any other person that takes possession of firearms, ammunition, or weapons for storage purposes pursuant to this section shall not release the items to the owner without a court order unless the items are to be sold pursuant to subdivision (2)(A) of this subsection. If a court orders the release of firearms, ammunition, or weapons stored under this section, the law enforcement agency or firearms dealer in possession of the items shall make them available to the owner within three business days of receipt of the order and in a manner consistent with federal law. The Supreme Court may promulgate rules under 12 V.S.A. § 1 for judicial proceedings under this subsection. (g) (1)  A law enforcement agency, an approved federally licensed firearms dealer, or any other person that takes possession of firearms, ammunition, or weapons for storage purposes pursuant to this section shall not release the items to the owner without a court order unless the items are to be sold pursuant to subdivision (2)(A) of this subsection. If a court orders the release of firearms, ammunition, or weapons stored under this section, the law enforcement agency or firearms dealer in possession of the items shall make them available to the owner within three business days of receipt of the order and in a manner consistent with federal law. The Supreme Court may promulgate rules under 12 V.S.A. § 1 for judicial proceedings under this subsection.
        1. If the owner fails to retrieve the firearm, ammunition, or weapon and pay the applicable storage fee within 90 days of the court order releasing the items, the firearm, ammunition, or weapon may be sold for fair market value. Title to the items shall pass to the law enforcement agency or firearms dealer for the purpose of transferring ownership, except that the Vermont State Police shall follow the procedure described in section 2305 of this title.
        2. The law enforcement agency or approved firearms dealer shall make a reasonable effort to notify the owner of the sale before it occurs. In no event shall the sale occur until after the court issues a final relief from abuse order pursuant to 15 V.S.A. § 1103 .
        3. As used in this subdivision (2)(A), "reasonable effort" shall mean notice shall be served as provided for by Rule 4 of the Vermont Rules of Civil Procedure.
      1. Proceeds from the sale of a firearm, ammunition, or weapon pursuant to subdivision (A) of this subdivision (2) shall be apportioned as follows:
        1. unpaid storage fees and associated costs, including the costs of sale and of locating and serving the owner, shall be paid to the law enforcement agency or firearms dealer that incurred the cost; and
        2. any proceeds remaining after payment is made to the law enforcement agency or firearms dealer pursuant to subdivision (i) of this subdivision (2)(B) shall be paid to the original owner.
  6. A law enforcement agency shall be immune from civil or criminal liability for any damage or deterioration of firearms, ammunition, or weapons stored or transported pursuant to subsection (c) of this section. This subsection shall not apply if the damage or deterioration occurred as a result of recklessness, gross negligence, or intentional misconduct by the law enforcement agency.
  7. The Department of Public Safety shall be responsible for the implementation and establishment of standards and guidelines to carry out this section. To carry out this responsibility, the Department shall:
    1. Establish minimum standards to be a qualified storage location and maintain a list of qualified storage locations, including:
      1. federally licensed firearms dealers that annually certify compliance with the Department's standards to receive firearms, ammunition, or other weapons pursuant to subdivision (b)(2) of this section; and
      2. cooperating law enforcement agencies.
    2. Establish a fee schedule consistent with the fees established in this section for the storage of firearms and other weapons by law enforcement agencies pursuant to this section.
    3. Establish standards and guidelines to provide for the storage of firearms, ammunition, and other weapons pursuant to this section by law enforcement agencies. Such guidelines shall provide that:
      1. with the consent of the law enforcement agency taking possession of a firearm, ammunition, or weapon under this section, an owner may provide a storage container for the storage of such relinquished items;
      2. the law enforcement agency that takes possession of the firearm, ammunition, or weapon may provide a storage container for the relinquished item or items at an additional fee; and
      3. the law enforcement agency that takes possession of the firearm, ammunition, or weapon shall present the owner with a receipt at the time of relinquishment that includes the serial number and identifying characteristics of the firearm, ammunition, or weapon and record the receipt of the item or items in a log to be established by the Department.
    4. Report on January 15, 2015 and annually thereafter to the House and Senate Committees on Judiciary on the status of the program. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.

      Added 2013, No. 191 (Adj. Sess.), § 20; amended 2015, No. 14 , § 2; 2017, No. 94 (Adj. Sess.), § 5, eff. April 11, 2018; 2017, No. 154 (Adj. Sess.), § 26, eff. May 21, 2018.

History

Amendments--2017 (Adj. Sess.). Subdiv. (g)(2)(A)(i): Act No. 94 added ", except that the Vermont State Police shall follow the procedure described in section 2305 of this title" following "ownership" in the second sentence.

Subdiv. (i)(4): Act No. 154 added the second sentence.

Amendments--2015. Subdiv. (g)(2)(A)(iii): Substituted "mean notice shall be served as provided by Rule 4 of the Vermont Rules of Civil Procedure" for "include providing notice to the owner at least 21 days prior to the date of the sale via first class mail, certified restricted delivery".

PART 6A Training of Law Enforcement Officers

Cross References

Cross references. County sheriffs, see 24 V.S.A. chapter 5, subchapter 5.

Municipal police, see 24 V.S.A. chapter 55.

Peace officers and investigators generally, see part 6 of this title.

Training of personnel in department of public safety generally, see chapter 141 of this title.

CHAPTER 151. VERMONT CRIMINAL JUSTICE COUNCIL

History

Revision note. In the chapter heading, substituted "Criminal Justice Training Council" for "Law Enforcement Training Council" to conform chapter heading to text of sections, as amended.

Amendments--2019 (Adj. Sess.). 2019, No. 166 (Adj. Sess.), § 1 deleted "Training" following "Justice" in the chapter heading.

Raising awareness of traffic violation judgment payment and hearing options. 2015, No. 147 (Adj. Sess.), § 22 provides: "(a) In conducting basic training courses and annual in-service trainings, the Criminal Justice Training Council is encouraged to train enforcement officers about the existence of payment plan options for traffic violation judgments. Enforcement officers are encouraged to mention these options to a motorist at the time of issuing a complaint for a traffic violation.

"(b) The General Assembly recommends that the Judicial Bureau update the standard materials that enforcement officers provide to persons issued a civil complaint for a traffic violation to notify such persons of payment plan options and of the person's right to request a hearing on ability to pay.

"(c) The General Assembly encourages the Judicial Bureau to prominently display on its website information about the existence of payment plan options for traffic violation judgments and the right of a person issued a complaint for a traffic violation to request a hearing on ability to pay.

"(d) The Agency of Transportation shall carry out a campaign to raise public awareness of traffic violation judgment payment plan options and of a person's right to request a hearing before a Judicial Bureau hearing officer on his or her ability to pay a Judicial Bureau judgment."

Training for law enforcement; impaired driving. 2015, No. 147 (Adj. Sess.), § 27 provides: "(a) It is imperative that Vermont provide adequate training to both local and State law enforcement officers regarding the detection of impaired driving. Advanced Roadside Impaired Driving Enforcement (ARIDE) training provides instruction to officers at a level above Basic Standardized Sobriety Testing and proves helpful to an officer in determining when a Drug Recognition Expert (DRE) should be called. Vermont should endeavor to train as many law enforcement officers as possible in ARIDE. DREs receive a more advanced training in the detection of drugged driving and should be an available statewide resource for officers in the field.

"(b) The Secretary of Transportation and the Commissioner of Public Safety shall work collaboratively to:

"(1) ensure that funding is available, either through the Governor's Highway Safety Program's administration of National Highway Traffic Safety Administration funds or other State funding sources, for training the number of officers necessary to provide sufficient statewide coverage for enforcement efforts to address impaired driving; and

"(2) collect data regarding the number and geographic distribution of law enforcement officers who receive ARIDE and DRE training."

Subchapter 1. General Provisions

§ 2351. Creation and purpose of Council.

  1. In order to promote and protect the health, safety, and welfare of the public, it is in the public interest to provide for the creation of the Vermont Criminal Justice Council.
  2. The Council is created to:
    1. encourage and assist municipalities, counties, and governmental agencies of this State in their efforts to improve the quality of law enforcement and citizen protection by maintaining a uniform standard of basic training for law enforcement applicants and in-service training for law enforcement officers; and
    2. maintain statewide standards of law enforcement officer professional conduct by accepting and tracking complaints alleging officer unprofessional conduct, adjudicating charges of unprofessional conduct, and imposing sanctions on the certification of an officer who the Council finds has committed unprofessional conduct.
  3. The Council shall offer and approve continuing programs of instruction in up-to-date methods of law enforcement and the administration of criminal justice.
  4. It is the responsibility of the Council to encourage the participation of local governmental units in the program and to aid in the establishment of adequate training facilities.

    Added 1967, No. 189 , § 1, eff. April 17, 1967; amended 1973, No. 225 (Adj. Sess.), § 1; 1979, No. 57 , § 1; 1981, No. 104 , § 2; 2011, No. 103 (Adj. Sess.), § 3; 2013, No. 141 (Adj. Sess.), § 1, eff. July 1, 2015; 2017, No. 56 , § 1; 2019, No. 166 (Adj. Sess.), § 3, eff. Oct. 1, 2020.

History

Reference in text. 30 V.S.A. chapter 45, subchapter 8, was recodified as 5 V.S.A. §§ 3755-3763 by 1995, No. 60 , § 37.

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council".

Subsec. (b): Added the subdiv. (1) designation; in subdiv. (1), substituted "basic training for law enforcement applicants" for "recruitment" following "uniform standard of"; and added subdiv. (2).

Subsec. (c): Inserted "and approve" following "shall offer".

Amendments--2017. Section heading: Added "Creation and" preceding "purpose".

Subsec. (b): Amended generally.

Amendments--2013 (Adj. Sess.). Section heading: Substituted "of Council" for "; definition".

Inserted subsection designations.

Subsec. (b): Inserted ", and police officers appointed to the University of Vermont's Department of Police Services" at the end.

Amendments--2011 (Adj. Sess.). Inserted "capitol police officers," preceding "municipal police officers, constables" and substituted "correctional officers" for "corrections officers" thereafter, and substituted "24 V.S.A. §§ 307 and 311" for "sections 311 and 307(a) of Title 24" preceding "and railroad police commissioned pursuant to" and "5 V.S.A. chapter 68, subchapter 8" for "30 V.S.A. chapter 45, subchapter 8" thereafter.

Amendments--1981. Added "and railroad police commissioned pursuant to 30 V.S.A. chapter 45, subchapter 8" following "Title 24" in the second sentence.

Amendments--1979. Rewrote the second sentence.

Amendments--1973 (Adj. Sess.). Substituted "the Vermont criminal justice training council" for "the Vermont law enforcement training council" in the first sentence and inserted "corrections and prosecuting personnel" following "law enforcement officers" in the second sentence.

§ 2351a. Definitions.

As used in this chapter:

  1. "Executive officer" means the highest-ranking law enforcement officer of a law enforcement agency.
  2. "Law enforcement agency" means the employer of a law enforcement officer.
  3. "Law enforcement officer" means a member of the Department of Public Safety who exercises law enforcement powers; a member of the State Police; a Capitol Police officer; a municipal police officer; a constable who exercises law enforcement powers; a motor vehicle inspector; an employee of the Department of Liquor and Lottery who exercises law enforcement powers; an investigator employed by the Secretary of State; a Board of Medical Practice investigator employed by the Department of Health; an investigator employed by the Attorney General or a State's Attorney; a fish and game warden; a sheriff; a deputy sheriff who exercises law enforcement powers; a railroad police officer commissioned pursuant to 5 V.S.A. chapter 68, subchapter 8; a police officer appointed to the University of Vermont's Department of Police Services; or the provost marshal or assistant provost marshal of the Vermont National Guard.
  4. "Off-site training" means training provided off the premises of a law enforcement officer training school and approved by the Council under the provisions of section 2355 of this chapter.

    Added 2017, No. 56 , § 1; amended 2019, No. 73 , § 31; 2019, No. 130 (Adj. Sess.), § 2.

History

Amendments--2019 (Adj. Sess.). Subdiv. (3): Deleted "or" following "subchapter 8;" and inserted "; or the provost marshal or assistant provost marshal of the Vermont National Guard" at the end.

Amendments--2019. Subdiv. (3): Substituted "Department of Liquor and Lottery" for "Department of Liquor Control".

§ 2352. Council membership.

    1. The Vermont Criminal Justice Council shall consist of: (a) (1)  The Vermont Criminal Justice Council shall consist of:
      1. the Commissioners of Public Safety, of Corrections, of Motor Vehicles, of Fish and Wildlife, and of Mental Health;
      2. the Attorney General;
      3. the Executive Director of the Department of State's Attorneys and Sheriffs;
      4. the Executive Director of Racial Equity;
      5. a member of the Vermont Troopers' Association or its successor entity, elected by its membership;
      6. a member of the Vermont Police Association, elected by its membership;
      7. a member of the Chiefs of Police Association of Vermont, appointed by the President of the Association;
      8. a member of the Vermont Sheriffs' Association, appointed by the President of the Association;
      9. a law enforcement officer, appointed by the President of the Vermont State Employees Association;
      10. an employee of the Vermont League of Cities and Towns, appointed by the Executive Director of the League;
      11. an individual appointed by the Executive Director of the Center for Crime Victim Services;
      12. an individual appointed by the Executive Director of the Human Rights Commission;
      13. an individual appointed by the Executive Director of the Vermont Network Against Domestic and Sexual Violence; and
      14. seven public members, appointed by the Governor, who shall not be law enforcement officers or have a spouse, parent, child, or sibling who is a law enforcement officer, current legislators, or otherwise be employed in the criminal justice system.
        1. At least one of these members shall be a mental health crisis worker.
        2. At least one of these members shall be an individual with a lived experience of a mental health condition or psychiatric disability.
        3. At least two of these members shall be chosen from among persons nominated by the Vermont chapters of the NAACP, and each of these members shall represent a different Vermont NAACP chapter. In order to assist the Governor in making these appointments, each Vermont chapter of the NAACP shall nominate at least three individuals for these gubernatorial appointments.
    2. A member's term shall be three years.
    3. The Governor shall appoint the Chair of the Council from among the members set forth in subdivisions (1)(D) and (K)-(N) of this subsection.
  1. Membership on the Council does not constitute the holding of an office for any purpose, and members of the Council shall not be required to take and file oaths of office before serving on the Council.
  2. The members of the Council shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 from monies appropriated to the Council.
  3. A member of the Council shall not be disqualified from holding any public office or employment, and shall not forfeit any office or employment, by reason of his or her appointment to the Council, notwithstanding any statute, ordinance, or charter to the contrary.

    Added 1967, No. 189 , § 2, eff. April 17, 1967; amended 1971, No. 120 , § 46(a); 1973, No. 225 (Adj. Sess.), § 2; 1979, No. 57 , § 2; 1983, No. 72 ; 2003, No. 119 (Adj. Sess.), § 1; 2013, No. 141 (Adj. Sess.), § 2; 2017, No. 56 , § 1; 2019, No. 166 (Adj. Sess.), § 4, eff. Dec. 1, 2020.

History

Revision note. In the first sentence of subsec. (a), substituted "fish and wildlife" for "fish and game" pursuant to 1983, No. 158 (Adj. Sess.), § 1.

Amendments--2019 (Adj. Sess.). Subsecs. (a) and (c): Amended generally.

Amendments--2017. Subsec. (a): Amended generally.

Amendments--2013 (Adj. Sess.). Subsec. (a): Added ", and the Vermont Constables Association" at the end of the third sentence.

Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "state police bargaining unit of the Vermont state employees' association or its successor entity" for "troopers association" in the first sentence.

Amendments--1983. Subsec. (a): In the first sentence, deleted "the director of the Vermont commission on the administration of justice" preceding "the attorney general" and "and" thereafter and substituted "its" for "the" preceding "membership" and "and a member of the Vermont police association, elected by its membership" for "of that association" thereafter, and, in the third sentence, deleted "provided, however" preceding "the governor" and substituted "recommendations" for "the submission of individuals recommended" following "solicit".

Amendments--1979. Subsec. (a): Amended generally.

Subsec. (b): Deleted the second sentence.

Amendments--1973 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1971. Subsec. (a): Rewrote the first two sentences.

§ 2353. Repealed. 1973, No. 225 (Adj. Sess.), § 8.

History

Former § 2353. Former § 2353, relating to the appointment and terms of the interim chairman and members of the Vermont law enforcement training council, was derived from 1967, No. 189 , § 3.

§ 2354. Council meetings.

  1. The Council shall meet at least once in each quarter of each year. Special meetings may be called by the Chair or upon the written request of six members of the Council.
  2. The Council shall adopt rules as to quorum and procedures with respect to the conduct of its meetings and other affairs.
    1. A member may designate in writing a person within his or her agency or association to attend a meeting or meetings of the Council. The designation shall be filed with the Chair of the Council. (c) (1)  A member may designate in writing a person within his or her agency or association to attend a meeting or meetings of the Council. The designation shall be filed with the Chair of the Council.
    2. A person so designated shall have the same voting rights and responsibilities as the member at such meeting or meetings, but that designee shall not automatically assume the member's place as an officer of the Council.

      Added 1967, No. 189 , § 4, eff. April 17, 1967; amended 1971, No. 120 , § 46(b); 1973, No. 225 (Adj. Sess.), § 3; 1979, No. 57 , § 3; 1991, No. 50 , § 72a, eff. June 12, 1991; 2017, No. 56 , § 1.

History

Amendments--2017. Section amended generally.

Amendments--1991. Added the fourth through sixth sentences.

Amendments--1979. Substituted "adopt rules" for "establish requirements" in the third sentence and deleted the fourth sentence.

Amendments--1973 (Adj. Sess.). Section amended generally.

Amendments--1971. Substituted "commissioner of public safety" for "attorney general" in the second and fourth sentences.

Cross References

Cross references. Adoption of rules generally, see § 2355 of this title.

§ 2355. Council powers and duties.

  1. The Council shall adopt rules with respect to:
    1. the approval, or revocation thereof, of law enforcement officer training schools and off-site training programs, which shall include rules to identify and implement alternate routes to certification aside from the training provided at the Vermont Police Academy;
    2. minimum courses of study, attendance requirements, and equipment and facilities to be required at approved law enforcement officer training schools and off-site training programs;
    3. minimum qualifications for instructors at approved law enforcement officer training schools and off-site training programs;
    4. minimum basic training for law enforcement officers in each level of law enforcement officer certification and the time within which that training shall be completed;
    5. [Repealed.]
    6. minimum annual in-service training requirements for law enforcement officers in each level of law enforcement officer certification;
    7. minimum courses of training for other criminal justice personnel;
    8. categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements with respect to those categories or classifications;
    9. recertification of persons who have not been employed as law enforcement officers for a three-year period;
    10. a definition of criminal justice personnel and criminal justice training for purposes of this title; and
    11. [Repealed.]
    12. permitting its Executive Director to grant up to a 60-day waiver to a law enforcement officer who has failed to meet his or her annual in-service training requirements but who is able to complete those training requirements within the time period permitted by the Executive Director.
    1. The Council shall conduct and administer training schools and offer courses of instruction for law enforcement officers and other criminal justice personnel. The Council shall offer courses of instruction for law enforcement officers in different areas of the State and shall strive to offer nonovernight courses whenever possible. (b) (1)  The Council shall conduct and administer training schools and offer courses of instruction for law enforcement officers and other criminal justice personnel. The Council shall offer courses of instruction for law enforcement officers in different areas of the State and shall strive to offer nonovernight courses whenever possible.
    2. The Council may also offer the basic officer's course for preservice students and educational outreach courses for the public, including firearms safety and use of force.
    1. The Council shall appoint, subject to the approval of the Governor, an Executive Director who shall be an exempt State employee, and who shall hold office during the pleasure of the Council. (c) (1)  The Council shall appoint, subject to the approval of the Governor, an Executive Director who shall be an exempt State employee, and who shall hold office during the pleasure of the Council.
      1. The Executive Director shall perform such duties as may be assigned by the Council. (2) (A) The Executive Director shall perform such duties as may be assigned by the Council.
      2. The Executive Director may appoint officers, employees, agents, and consultants as he or she may deem necessary and prescribe their duties, with the approval of the Council.
    2. The Executive Director is entitled to compensation as established by law and reimbursement for expenses within the amounts available by appropriation.
  2. The Council may, in addition:
    1. accept and administer under this chapter and for its purposes contributions, capital grants, gifts, services, and other financial assistance from any individual, association, corporation, or other organization having an interest in criminal justice training, and from this State and the United States and any of their agencies and instrumentalities, corporate or otherwise; and
    2. perform such other acts as may be necessary or appropriate to carry out the purposes of this chapter.
  3. Any agency or department of State, county, or municipal government may, notwithstanding any provision of this chapter, engage in and pay for, from sums appropriated for that purpose, training activities for employees in addition to any minimum training required by the Council.
  4. The Council shall charge participants or employers of participants in law enforcement training programs as follows:
    1. The tuition fees for any of the basic training or annual in-service training required under section 2358 of this chapter shall be set forth in rules adopted by the Council. The tuition fees shall be set to reflect the actual costs for operation of the particular programs offered. The fees for basic training shall not be charged for persons employed by police agencies at the time of training.
    2. The tuition fees for training not required under section 2358 of this chapter shall be set to reflect the actual costs for operation of the particular programs offered, with an additional $30.00 entrance exam fee assessed on all training, except educational outreach courses for the public.
  5. The Council shall develop and maintain a comprehensive drug training program.

    Added 1967, No. 189 , § 5, eff. April 17, 1967; amended 1971, No. 120 , § 46(b), (c); 1973, No. 225 (Adj. Sess.), § 4; 1979, No. 57 , § 4; 1987, No. 34 , §§ 1, 2; 1993, No. 210 (Adj. Sess.), § 68; 1997, No. 61 , § 70; 1999, No. 49 , § 185; 2005, No. 72 , § 6; 2007, No. 153 (Adj. Sess.), § 11; 2013, No. 141 (Adj. Sess.), § 3, eff. July 1, 2015; 2017, No. 56 , § 1; 2019, No. 166 (Adj. Sess.), § 6, eff. Oct. 1, 2020.

History

Revision note. In subsec. (e), substituted "chapter" for "act" for purposes of conformity with V.S.A. style.

Amendments--2019 (Adj. Sess.). Subdiv. (a)(1): Inserted ", which shall include rules to identify and implement alternate routes to certification aside from the training provided at the Vermont Police Academy" at the end.

Subdiv. (b)(1): Added the second sentence.

Amendments--2017. Section heading: Inserted "Council" at the beginning.

Subdiv. (a)(10): Added "and" following "title;".

Subdiv. (a)(11): Repealed.

Subdiv. (a)(12): Amended generally.

Subsec. (b): Added "and educational outreach courses for the public, including firearms safety and use of force".

Subdiv. (f)(2): Added "assessed on all training, except educational outreach courses for the public".

Amendments--2013 (Adj. Sess.). Section amended generally.

Amendments--2007 (Adj. Sess.). Subdiv. (f)(1): Substituted "$6,417.00" for "$5,847.00".

Amendments--2005 Subsec. (f): Substituted "$5,847.00" for "$3,550.00" in the first sentence of subdiv. (1), and "$30.00" for "$25.00" in subdiv. (2).

Amendments--1999. Rewrote subsec. (f).

Amendments--1997 Subsec. (f): Inserted "in-service students receiving" preceding "minimum" in the first sentence of the introductory paragraph.

Amendments--1993 (Adj. Sess.). Added second sentence.

Amendments--1987. Subsec. (a): Added present subdiv. (6), redesignated former subdivs. (6)-(9) as present subdivs. (7)-(10), and added subdivs. (11) and (12).

Subsec. (g): Added.

Amendments--1979. Section amended generally.

Amendments--1973 (Adj. Sess.). Section amended generally.

Amendments--1971. Subsec. (a): Substituted "commissioner of public safety" for "attorney general" in the introductory clause.

Subsec. (b): Repealed.

Subsec. (c): Substituted "commissioner of public safety" for "attorney general" in the first sentence.

Effective date of subsec. (a). 2017, No. 56 , § 6(2)(A)(v) provides that subsec. (a) shall take effect on July 1, 2018.

Cross References

Cross references. Classification of state personnel generally, see 3 V.S.A. chapter 13.

Training standards, see § 2358 of this title.

§ 2356. Repealed. 1979, No. 57, § 13(1).

History

Former § 2356. Former § 2356, relating to the power of the attorney general to adopt regulations recommended by the Vermont law enforcement training council, was derived from 1967, No. 189 , § 6, and amended by 1971, No. 120 , § 46(b); and 1973, No. 225 (Adj. Sess.), § 5.

The subject matter of the former section is now covered by § 2355 of this title.

§ 2357. Powers and duties of the Executive Director.

The Executive Director of the Council, on behalf of the Council, shall have the following powers and duties, subject to the supervision of the Council and to be exercised only in accordance with rules adopted under this chapter:

  1. to approve, on applications made in advance, criminal justice personnel training programs and their lesson plans and instructors, to issue certificates of approval to those programs, and to revoke those approvals or certificates;
  2. to certify, as qualified, instructors at approved criminal justice personnel training schools and to issue appropriate certificates to those instructors;
  3. to certify criminal justice personnel who have satisfactorily completed approved training programs and to issue appropriate certificates to them;
  4. to cause studies and surveys to be made relating to the establishment, operation, and approval of criminal justice training schools;
  5. to consult and cooperate with law enforcement officer criminal justice training schools:
    1. to recommend a course of study in crime prevention for law enforcement students; and
    2. for the development of advanced in-service training programs for law enforcement officers, which shall include a course of study on crime prevention;
  6. to consult and cooperate with universities, colleges, and institutes for the development of specialized courses of study including a course of study on crime prevention, where appropriate;
  7. to consult and cooperate with other departments and agencies of the State and federal government concerned with criminal justice personnel training;
  8. [Repealed.]
  9. to perform such other acts as may be necessary or appropriate to carry out his or her powers and duties as set forth in this chapter;
  10. to report to the Council at each regular meeting of the Council and at such other times as may be required; and
  11. to approve and accept pre-service and military students for any of the basic training courses set forth in section 2358 of this chapter.

    Added 1967, No. 189 , § 7, eff. April 17, 1967; amended 1969, No. 282 (Adj. Sess.), § 4; 1971, No. 120 , § 46(b); 1973, No. 225 (Adj. Sess.), § 6; 1979, No. 57 , § 5; 1993, No. 210 (Adj. Sess.), § 68; 2013, No. 141 (Adj. Sess.), § 4, eff. July 1, 2015.

History

Editor's note. The provisions of subdiv. (8) of this section appear to be obsolete. Section 9506 of Title 32, referred to in that subdivision, was repealed by 1981, No. 98 , § 2. Private detectives are now licensed by the state board of private investigative and security services, which establishes examination requirements under section 3175 of Title 26, prescribes continuing education requirements under section 3162 of Title 26 and issues licenses pursuant to section 3171 et seq. of that title.

Amendments--2013 (Adj. Sess.). Subdiv. (8): Repealed.

Subdiv. (9): Inserted "or her" following "carry out his".

Subdiv. (11): Substituted "to approve" for "Approve" at the beginning, inserted "and military" following "pre-service" and "any of" following "students for", and substituted "training courses set forth in section 2358 of this chapter" for "officer's training course" at the end.

Amendments--1993 (Adj. Sess.). Subdiv. (11): Added.

Amendments--1979. Section amended generally.

Amendments--1973 (Adj. Sess.). Deleted "Vermont law enforcement training" following "executive director of the" in the introductory clause and deleted "to administer examinations and" preceding "to provide courses" in subdiv. (8).

Amendments--1971. Substituted "commissioner of public safety" for "attorney general" in the introductory clause.

Amendments--1969 (Adj. Sess.). Added subdiv. (8) and redesignated former subdivs. (8) and (9) as present subdivs. (9) and (10).

Cross References

Cross references. Adoption of rules by council, see § 2355 of this title.

Adoption of rules generally, see 3 V.S.A. chapter 25.

§ 2358. Minimum training standards; definitions.

  1. Unless waived by the Council under standards adopted by rule, and notwithstanding any statute or charter to the contrary, no person shall exercise law enforcement authority as a law enforcement officer without completing a basic training course and annual in-service training within a time and manner prescribed by the Council by rule.
  2. The Council shall offer or approve basic training and annual in-service training for each of the following three levels of law enforcement officer certification in accordance with the scope of practice for each level, and shall determine by rule the scope of practice for each level in accordance with the provisions of this section:
    1. Level I certification.
      1. An applicant for certification as a Level I law enforcement officer shall first complete an off-site training program prior to entering and completing Level I basic training. Level I basic training shall include training to react to the circumstances described in subdivision (B) of this subdivision (1).
        1. The scope of practice of a Level I law enforcement officer shall be limited to security, transport, vehicle escorts, and traffic control, as those terms are defined by the Council, except that a Level I officer may react in the following circumstances if the officer determines that it is necessary to do any of the following: (B) (i) The scope of practice of a Level I law enforcement officer shall be limited to security, transport, vehicle escorts, and traffic control, as those terms are defined by the Council, except that a Level I officer may react in the following circumstances if the officer determines that it is necessary to do any of the following:
          1. protect an individual in the presence of the officer from the imminent infliction of serious bodily injury;
          2. provide immediate assistance to an individual who has suffered or is threatened with serious bodily injury;
          3. detain or arrest an individual who the officer reasonably believes has committed a crime in the presence of the officer; or
          4. detain or arrest an individual who the officer reasonably believes has committed a felony under Vermont law.
        2. If a Level I officer reacts to any of the circumstances described in subdivision (i) of this subdivision (B), he or she shall call upon an officer certified to respond and assume law enforcement authority over the incident.
    2. Level II certification.
      1. An applicant for certification as a Level II law enforcement officer shall first complete Level II basic training and may then become certified in a specialized practice area as set forth in subdivision (B)(ii) of this subdivision (2). Level II basic training shall include training to respond to calls regarding alleged crimes in progress and to react to the circumstances described in subdivision (B)(iii) of this subdivision (2).
        1. Except as provided in subdivisions (ii) and (iii) of this subdivision (B), the scope of practice of a Level II law enforcement officer shall be limited to investigating the following matters: (B) (i) Except as provided in subdivisions (ii) and (iii) of this subdivision (B), the scope of practice of a Level II law enforcement officer shall be limited to investigating the following matters:
          1. [Repealed.]
          2. 7 V.S.A. § 658 (sale or furnishing to minors; enabling consumption by minors);
          3. 13 V.S.A. chapter 7 (advertisements);
          4. 13 V.S.A. chapter 8 (humane and proper treatment of animals);
          5. 13 V.S.A. §§ 505 (fourth degree arson), 508 (setting fires), and 509 (attempts);
          6. 13 V.S.A. chapter 19, subchapter 1 (riots);
          7. 13 V.S.A. §§ 1022 (noise in the nighttime), 1023 (simple assault), 1025 (recklessly endangering another person), 1026 (disorderly conduct), 1026a (aggravated disorderly conduct), 1027 (disturbing peace by use of telephone or other electronic communications), 1030 (violation of an abuse prevention order, an order against stalking or sexual assault, or a protective order concerning contact with a child), 1031 (interference with access to emergency services), 1042 (domestic assault), and 1062 (stalking);
          8. 13 V.S.A. chapter 35 (escape);
          9. 13 V.S.A. chapter 41 (false alarms and reports);
          10. 13 V.S.A. chapter 45 (flags and ensigns);
          11. 13 V.S.A. chapter 47 (frauds);
          12. 13 V.S.A. chapter 49 (fraud in commercial transactions);
          13. 13 V.S.A. chapter 51 (gambling and lotteries);
          14. 13 V.S.A. chapter 57 (larceny and embezzlement), except for subchapter 2 (embezzlement);
          15. 13 V.S.A. chapter 67 (public justice and public officers);
          16. 13 V.S.A. chapter 69 (railroads);
          17. 13 V.S.A. chapter 77 (trees and plants);
          18. 13 V.S.A. chapter 81 (trespass and malicious injuries to property);
          19. 13 V.S.A. chapter 83 (vagrants);
          20. 13 V.S.A. chapter 85 (weapons);
          21. 13 V.S.A. § 7559(d) , (e), and (f) (violating condition of release);
          22. 18 V.S.A. §§ 4230(a) and 4230d (cannabis possession);
          23. 18 V.S.A. § 4231(a) (cocaine possession);
          24. 18 V.S.A. § 4232(a) (LSD possession);
          25. 18 V.S.A. § 4233(a) (heroin possession);
          26. 18 V.S.A. § 4234(a) (depressant, stimulant, or narcotic drug possession);
          27. 18 V.S.A. § 4234a(a) (methamphetamine possession);
          28. 18 V.S.A. § 4235(b) (hallucinogenic drug possession);
          29. 18 V.S.A. § 4235a(a) (ecstasy possession);
          30. 18 V.S.A. § 4476 (drug paraphernalia offenses);
          31. 20 V.S.A. § 3132 (firework prohibitions);
          32. 21 V.S.A. § 692(c)(2) (criminal violation of stop-work order);
          33. any misdemeanor set forth in Title 23 of the Vermont Statutes Annotated, except for 23 V.S.A. chapter 13, subchapter 13 (drunken driving), 23 V.S.A. § 3207a (snowmobiling under the influence), 23 V.S.A. § 3323 (boating under the influence), or 23 V.S.A. § 3506(b)(8) (operating an all-terrain vehicle under the influence);
          34. any motor vehicle accident that includes property damage and injuries, as permitted by the Council by rule;
          35. any matter within the jurisdiction of the Judicial Bureau as set forth in 4 V.S.A. § 1102 ;
          36. municipal ordinance violations;
          37. any matter within the jurisdiction of a game warden or deputy game warden as set forth in 10 V.S.A. chapter 103, subchapter 4 (game wardens); and
          38. any matter within the scope of practice of a Level I law enforcement officer.
        2. In addition to the scope of practice permitted under subdivision (i) of this subdivision (B), a Level II law enforcement officer may also practice in additional areas approved in writing by the Council based on a special certification or training approved by the Council.
        3. Notwithstanding the limitations set forth in subdivisions (i) and (ii) of this subdivision (B), a Level II officer may respond to calls regarding alleged crimes in progress and may react in the following circumstances if the officer determines that it is necessary to do any of the following:
          1. protect an individual in the presence of the officer from the imminent infliction of serious bodily injury;
          2. provide immediate assistance to an individual who has suffered or is threatened with serious bodily injury;
          3. detain or arrest an individual who the officer reasonably believes has committed a crime in the presence of the officer; or
          4. detain or arrest an individual who the officer reasonably believes has committed a felony under Vermont law.
        4. If a Level II officer responds to calls regarding alleged crimes in progress or reacts to any of the circumstances described in subdivision (iii) of this subdivision (B) and that response or reaction is outside the scope of his or her scope of practice, he or she shall call upon an officer certified to respond and assume law enforcement authority over the incident.
    3. Level III certification.
      1. An applicant for certification as a Level III law enforcement officer shall complete Level III basic training.
      2. The scope of practice of a Level III law enforcement officer shall include all law enforcement authority.
    1. All programs required by this section shall be approved by the Council. (c) (1)  All programs required by this section shall be approved by the Council.
    2. The Council shall structure its programs so that on and after July 1, 2021, a Level II certified officer may use portfolio experiential learning or College Level Examination Program (CLEP) testing in order to transition to Level III certification, without such an officer needing to restart the certification process.
    3. Completion of a program shall be established by a certificate to that effect signed by the Executive Director of the Council.
  3. [Repealed.]
    1. The criteria for all minimum training standards under this section shall include anti-bias training approved by the Vermont Criminal Justice Council and training on the State, county, or municipal law enforcement agency's fair and impartial policing policy, adopted pursuant to subsection 2366(a) of this title. (e) (1)  The criteria for all minimum training standards under this section shall include anti-bias training approved by the Vermont Criminal Justice Council and training on the State, county, or municipal law enforcement agency's fair and impartial policing policy, adopted pursuant to subsection 2366(a) of this title.
    2. On or before December 31, 2018, law enforcement officers shall receive a minimum of four hours of training as required by this subsection.
    3. In order to remain certified, law enforcement officers shall receive a refresher course on the training required by this subsection during every odd-numbered year in a program approved by the Vermont Criminal Justice Council.
    4. The Criminal Justice Council shall, on an annual basis, report to the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel regarding:
      1. the adoption and implementation of the Panel's recommended data collection methods and trainings and policies pursuant to 3 V.S.A. § 168(f)(2) and (3);
      2. the incorporation of implicit bias training into the requirements of basic training pursuant to this subsection; and
      3. the implementation of all trainings as required by this subsection.
  4. The criteria for all minimum training standards under this section shall include Advanced Roadside Impaired Driving Enforcement training as approved by the Vermont Criminal Justice Council. On or before December 31, 2021, law enforcement officers shall receive a minimum of 16 hours of training as required by this subsection.
  5. Subsection (g) effective until October 1, 2021; see also subsection (g) effective October 1, 2021 set out below.  The Council shall not offer or approve any training on the use of a prohibited restraint as defined in section 2401 of this chapter, except for training designed to identify and prevent the use of prohibited restraints.

    (g) Subsection (g) effective October 1, 2021; see also subsection (g) effective until October 1, 2021 set out above. The Council shall not offer or approve any training on the use of a chokehold as defined in section 2401 of this chapter, except for training designed to identify and prevent the use of chokeholds.

    Added 1967, No. 189 , § 8, eff. April 17, 1967; amended 1969, No. 282 (Adj. Sess.), § 1; 1971, No. 120 , § 46(b); 1973, No. 225 (Adj. Sess.), § 7; 1979, No. 57 , § 6; 1981, No. 104 , § 3; 1981, No. 118 (Adj. Sess.), eff. Feb. 19, 1982; 1987, No. 34 , § 3; 1989, No. 297 (Adj. Sess.), § 2; 2003, No. 60 , § 4; 2007, No. 195 (Adj. Sess.), § 8, eff. July 1, 2010; 2011, No. 103 (Adj. Sess.), § 4; 2011, No. 134 (Adj. Sess.), § 3; 2013, No. 141 (Adj. Sess.), § 5, eff. July 1, 2015; 2015, No. 62 , § 6; 2015, No. 118 (Adj. Sess.), § 4, eff. May 23, 2016; 2015, No. 147 (Adj. Sess.), §§ 14, 25, eff. May 31, 2016; 2017, No. 54 , § 2, eff. May 31, 2017; 2017, No. 56 , § 1; 2017, No. 83 , § 150; 2019, No. 164 (Adj. Sess.), § 20, eff. Oct. 7, 2020; 2019, No. 165 (Adj. Sess.), § 4a, eff. Oct. 7, 2020; 2019, No. 166 (Adj. Sess.), § 7, eff. Oct. 1, 2020; 2021, No. 27 , § 3, eff. Oct. 1, 2021.

History

Reference in text. 18 V.S.A. § 4230d, referred to in subdiv. (b)(2)(B)(i)(XXII), was repealed by 2017, No. 86 (Adj. Sess.), § 6.

30 V.S.A. chapter 45, subchapter 8, referred to in subdiv. (c)(1), was recodified as 5 V.S.A. §§ 3755-3763 by 1995, No. 60 , § 37.

2020. In subdiv. (b)(2)(B)(i)(XXII), substituted "cannabis" for "marijuana" in accordance with 2019, No. 164 (Adj. Sess.), § 32 and 2019, No. 167 (Adj. Sess.), § 26.

Substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" throughout this section in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

2016. The text of subdiv. (b)(2)(B)(i)(XX) is based on the harmonization of two amendments. During the 2016 session, this section was amended twice, by Act Nos. 118 and 147, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2016 session, the text of Act Nos. 118 and 147 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in the amendment notes set out below.

Amendments--2021. Subsec. (g): Substituted "chokehold" for "prohibited restraint" and substituted "chokeholds" for "prohibited restraints".

Amendments--2019 (Adj. Sess.). Subsec. (c): Act No. 166 added the subdiv. (1)-(3) designations and added subdiv. (2).

Subsec. (f): Added by Act No. 164.

Subsec. (g): Added by Act No. 165.

Amendments--2017. Subdiv. (b)(2)(B)(i)(I): Repealed by Act No. 83.

Subsec. (d): Repealed by Act No. 56.

Subdiv. (e)(4): Added by Act No. 54.

Amendments--2015 (Adj. Sess.). Subdiv. (b)(1)(B)(i): Act No. 118 deleted "by rule" following "by the Council".

Subdivs. (b)(2)(B)(i)(I), (b)(2)(B)(i)(XXI), (b)(2)(B)(i)(XXXI): Added by Act No. 118.

Subdiv. (b)(2)(B)(i)(VII): Act No. 118 inserted "1026a (aggravated disorderly conduct)," following "1026 (disorderly conduct),".

Subdiv. (b)(2)(B)(i)(XX): Act No. 147 substituted "4230(a) and 4230d" for "4230c and 4230d".

Subsec. (e): Act No. 147 redesignated existing text as subdiv. (e)(1), and added "and training on the State, county, or municipal law enforcement agency's fair and impartial policing policy, adopted pursuant to subsection 2366(a) of this title".

Subdivs. (e)(2) and (e)(3): Added by Act No. 147.

Amendments--2015. Subdiv. (b)(1)(B)(i)(III) and (IV): Substituted "detain or arrest an individual who" for "detain an individual whom".

Subdiv. (b)(2): Amended generally.

Amendments--2013 (Adj. Sess.). Section amended generally.

Amendments--2011 (Adj. Sess.). Subdiv. (c)(1): Act 103 inserted "a capitol police officer," preceding "a municipal police officer" and substituted "5 V.S.A. chapter 68, subchapter 8" for "30 V.S.A. chapter 45, subchapter 8" at the end.

Subsec. (e): Added by Act 134.

Amendments--2007 (Adj. Sess.). Subsec. (d): Deleted the second sentence.

Amendments--2003. Subsec. (c): Amended generally.

Amendments--1989 (Adj. Sess.). Subdiv. (c)(1): Inserted "or a state's attorney" following "attorney general".

Amendments--1987. Subdiv. (a)(3): Added.

Amendments--1981 (Adj. Sess.). Subdiv. (c)(1): Inserted "an employee of the department of liquor control who exercises law enforcement powers" following "motor vehicle inspector".

Amendments--1981. Subdiv. (c)(1): Added "or a railroad police officer commissioned pursuant to 30 V.S.A. chapter 45, subchapter 8" following "deputy sheriff who exercises law enforcement powers".

Amendments--1979. Section amended generally.

Amendments--1973 (Adj. Sess.). Subsec. (a): Deleted "Vermont law enforcement training" preceding "council" and "made by the commissioner of safety" following "prescribed by regulations".

Subsec. (b): Substituted "attorney general" for "commissioner of public safety" following "adopted by the" in the first sentence.

Amendments--1971. Substituted "commissioner of public safety" for "attorney general" throughout the section.

Amendments--1969 (Adj. Sess.). Subsec. (a): Substituted "approved training program" for "approved basic training program" following "satisfactory completion of an".

Subsec. (c): Amended generally.

Effective date of 2007 (Adj. Sess.) amendments. 2009, No. 108 (Adj. Sess.), § 11 changed the effective date of amendments to this section from July 1, 2010 to July 1, 2012.

Effective date of subdiv. (e)(3). 2015, No. 147 (Adj. Sess.), § 29(b) provides that subdiv. (e)(3) shall take effect on Jan. 1, 2019.

§ 2359. Council services contingent on agency compliance.

  1. On and after January 1, 2022, a law enforcement agency shall be prohibited from having its law enforcement applicants or officers trained by the Police Academy or from otherwise using the services of the Council if the agency is not in compliance with the requirements for collecting roadside stop data under section 2366 of this chapter, the requirement to report to the Office of Attorney General death or serious bodily injuries under 18 V.S.A. § 7257a(b) , or the requirement to adopt, follow, or enforce any policy required under this chapter.
  2. The Council shall adopt procedures to enforce the requirements of this section, which may allow for waivers for agencies under a plan to obtain compliance with this section.

    Added 2019, No. 166 (Adj. Sess.), § 9, eff. Oct. 1, 2020.

History

Former § 2359. Former § 2359, relating to the training of constables, was derived from 1969, No. 282 (Adj. Sess.), § 2 and was previously repealed by 1979, No. 57 , § 13(2).

§ 2360. Repealed. 1971, No. 7, § 3.

History

Former § 2360. Former § 2360, relating to minimum training standards for full-time deputy sheriffs, was derived from 1969, No. 302 (Adj. Sess.), § 1.

The subject matter of the former section is now covered by § 2358 of this title.

§ 2361. Additional training.

  1. Nothing in this chapter prohibits any law enforcement agency from providing additional training beyond basic training to its personnel where no certification is requested of or required by the Council or its Executive Director.
  2. The executive officer of a law enforcement agency may seek certification from the Council for any in-service training he, she, or his or her designee may provide to law enforcement officers of his or her agency or of another agency, or both.

    Added 1979, No. 57 , § 7; amended 2013, No. 141 (Adj. Sess.), § 6, eff. July 1, 2015; 2019, No. 166 (Adj. Sess.), § 10, eff. Oct. 1, 2020.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "law enforcement" for "State" preceding "agency" and deleted ", department, or office or any municipality or county of the State" thereafter.

Subsec. (b): Substituted "executive officer of a law enforcement agency" for "head of a State agency, department, or office, a municipality's chief of police, or a sheriff", a comma for "or" following "he", inserted ", or his or her designee" following "she" and "law enforcement officers of his or her agency or of another agency, or both" for "his or her employees".

Amendments--2013 (Adj. Sess.). Subsec. (a): Added the subsec. designation, substituted "State agency, department, or office" for "commissioner, department or agency head" following "chapter prohibits any", "its personnel" for "personnel in their agencies or departments" following "basic training to", "of or required by the Council or its Executive Director" for "from the director of the council" at the end, and inserted "of the State" following "municipality or county".

Subsec. (b): Added the subsec. designation, substituted "The head of a State agency, department, or office, a municipality's chief of police, or a sheriff" for "The commissioner of public safety" at the beginning, "Council for any" for "criminal justice training council of any additional" following "certification from the", and inserted "or she" following "training he" and "to his or her employees" at the end.

Cross References

Cross references. Training of personnel in department of public safety generally, see § 1879 of this title.

§ 2362. Reports.

  1. Within ten business days:
    1. Elected constables.  A town, village, or city clerk shall notify the Council, on a form provided by the Council, of the election, appointment to fill a vacancy under 24 V.S.A. § 963 , expiration of term, or reelection of any constable.
    2. Appointed constables and police chiefs.  The legislative body of a municipality or its designee shall notify the Council of the appointment or removal of a constable or police chief.
    3. Municipal police officers.  A police chief appointed under 24 V.S.A. § 1931 shall notify the Council of the appointment or removal of a police officer under the police chief's direction and control.
    4. State law enforcement officers.  The appointing authority of a State agency employing a law enforcement officer shall notify the Council of the appointment or removal of a law enforcement officer employed by that agency.
    5. Sheriffs' officers.  A sheriff shall notify the Council of the appointment or removal of a deputy or other law enforcement officer employed by that sheriff's department.
  2. Notification required by this section shall include the name of the constable, police chief, police officer, deputy, or other law enforcement officer, the date of appointment or removal, and the term of office or length of appointment, if any.
  3. A report required by this section may be combined with any report required under subchapter 2 of this chapter.

    Added 1979, No. 57 , § 8; amended 2009, No. 14 , § 1; 2017, No. 56 , § 1, eff. July 1, 2018.

History

Amendments--2017. Section amended generally.

Amendments--2009. Rewrote the section.

§ 2362a. Potential hiring agency; duty to contact current or former agency.

    1. Prior to hiring a law enforcement officer, the executive officer of a potential hiring law enforcement agency shall: (a) (1)  Prior to hiring a law enforcement officer, the executive officer of a potential hiring law enforcement agency shall:
      1. require that officer to execute a written waiver that explicitly authorizes the officer's:
        1. current law enforcement agency employer to disclose its analysis of the officer's performance at that agency, if the officer is still employed at that agency; or
        2. last law enforcement agency employer to disclose the reason that officer is no longer employed by that agency, if the officer is not currently employed at an agency; and
      2. contact that agency to obtain that disclosure and provide to that agency a copy of that written waiver.
    2. An officer who refuses to execute the written waiver shall not be hired by the potential hiring agency.
      1. If that current or former agency is a law enforcement agency in this State, the executive officer of that current or former agency or designee shall disclose to the potential hiring agency in writing its analysis of the officer's performance at that agency or the reason the officer is no longer employed by the former agency, as applicable. (b) (1) (A)  If that current or former agency is a law enforcement agency in this State, the executive officer of that current or former agency or designee shall disclose to the potential hiring agency in writing its analysis of the officer's performance at that agency or the reason the officer is no longer employed by the former agency, as applicable.
      2. The executive officer or designee shall send a copy of the disclosure to the officer at the same time he or she sends it to the potential hiring agency.
    1. Such a current or former agency shall be immune from liability for its disclosure described in subdivision (1) of this subsection, unless such disclosure would constitute intentional misrepresentation or gross negligence.
  1. A potential hiring agency that receives a disclosure under subsection (b) of this section shall keep the contents of that disclosure confidential.
  2. A collective bargaining agreement between a law enforcement agency and the exclusive representative or bargaining agent of the law enforcement officers employed by that agency shall not include a prohibition on the exchange of information between the employing agency and another agency about an officer's performance at the employing agency.

    Added 2017, No. 56 , § 1; amended 2019, No. 166 (Adj. Sess.), § 11, eff. Oct. 1, 2020.

History

Amendments--2019 (Adj. Sess.). Inserted "current or" preceding "former" in the section heading ; amended subsecs. (a) and (b) generally; and added subsecs. (c) and (d).

Law enforcement agency; duty to disclose. 2019, No. 166 (Adj. Sess.), § 12 provides: "(a) The requirement of a current law enforcement agency to disclose its analysis of its law enforcement officer's performance at the agency as set forth in 20 V.S.A. § 2362a(a) and (b) in Sec. 11 of this act shall not apply if there is a binding nondisclosure agreement prohibiting that disclosure that was executed prior to the effective date of that section.

"(b) The provisions in Sec. 11, in 20 V.S.A. § 2362a(d), that prohibit a collective bargaining agreement from including a prohibition on the exchange of information between law enforcement agencies about the performance of a law enforcement officer shall not apply to any collective bargaining agreement that took effect prior to the effective date of that section, but shall apply upon the expiration or termination of such an agreement and shall apply to any collective bargaining agreement that takes effect on or after the effective date of that section."

Transitional provisions to implement this act. 2017, No. 56 , § 2(c) provides:

"(c) Duty to disclose. The requirement for a former law enforcement agency to disclose the reason that a law enforcement officer is no longer employed by the agency as set forth in 20 V.S.A. § 2362a in Sec. 1 of this act shall not apply if there is a binding nondisclosure agreement prohibiting that disclosure that was executed prior to the effective date of that section."

§ 2363. Repealed. 2011, No. 63, § E.221.

History

Former § 2363. Former § 2363, relating to the criminal justice training council special fund, was derived from 1979, No. 57 , § 9 and amended by 1983, No. 195 (Adj. Sess.), § 5(b); 1999, No. 49 , § 186; and 2001, No. 65 , § 5.

Transfer of funds. 2011, No. 63 , § E.221, which repealed this section, also provides that upon repeal the balances in the fund shall be transferred to the general fund.

§ 2364. State Police, basic training.

Basic training programs for Vermont State Police officers, including curriculum, location, duration, and selection of instructors and other personnel, shall be developed and conducted by the Commissioner of Public Safety and submitted to the Criminal Justice Council for approval in accordance with the minimum standards adopted by rule under this chapter.

Added 1979, No. 57 , § 17; amended 2021, No. 20 , § 163.

History

Amendments--2021. Substituted "Criminal Justice Council" for "criminal justice training council" and substituted "adopted" for "promulgated."

Cross References

Cross references. Minimum training standards generally, see § 2358 of this title.

State police generally, see chapter 113, subchapter 2 of this title.

Training of personnel in department of public safety generally, see § 1879 of this title.

ANNOTATIONS

Cited. State v. Tierney, 138 Vt. 163, 412 A.2d 298 (1980); In re Butler, 166 Vt. 423, 697 A.2d 659 (1997).

§ 2365. Domestic violence training.

  1. In order to remain certified, law enforcement officers shall receive by 2011 at least eight hours of domestic violence training in a program approved by the Vermont Criminal Justice Council and the Vermont Network Against Domestic and Sexual Violence.
  2. Law enforcement officers shall receive domestic violence retraining every two years in a program approved by the Vermont Criminal Justice Council.
  3. The Vermont Police Academy shall employ a domestic violence trainer for the sole purpose of training Vermont law enforcement and related practitioners on issues related to domestic violence. Funding for this position shall be transferred by the Center for Crime Victim Services from the Domestic and Sexual Violence Special Fund created by 13 V.S.A. § 5360 .

    Added 2007, No. 174 (Adj. Sess.), § 15; amended 2009, No. 156 (Adj. Sess.), § E.220.1, eff. June 3, 2010; 2011, No. 162 (Adj. Sess.), § E.220.4; 2015, No. 97 (Adj. Sess.), § 82.

History

2020. Substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in subsecs. (a) and (b) in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--2015 (Adj. Sess.). Subsec. (c): Substituted "Victim" for "Victims" in the second sentence.

Amendments--2011 (Adj. Sess.). Subsec. (c): Substituted "domestic and sexual violence special" for "victims' compensation" preceding "fund" and "13 V.SA. § 5360" for "13 V.S.A. § 5359" thereafter.

Amendments--2009 (Adj. Sess.) Substituted "2011" for "2010" in subsec. (a), and added "for the sole purpose of training Vermont law enforcement and related practitioners on issues related to domestic violence" following "trainer" in the first sentence, and added the second sentence of subsec. (c).

§ 2365a. Search and rescue training.

A person shall receive search and rescue training approved by the Vermont Criminal Justice Council and the Vermont Search and Rescue Council as part of basic training in order to become certified as a law enforcement officer.

Added 2013, No. 26 , § 2, eff. May 13, 2013.

History

2020. Substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

§ 2365b. Animal cruelty response training.

  1. As part of basic training in order to become certified as a Level II and Level III law enforcement officer, a person shall receive a training module on animal cruelty investigations as developed and approved by the Animal Cruelty Investigation Advisory Board and approved and administered by the Vermont Criminal Justice Council.
  2. On or before December 31, 2023, humane officers as defined in 13 V.S.A. § 351(4) (B) shall complete an animal cruelty response training as developed and approved by the Animal Cruelty Investigation Advisory Board and approved and administered by the Vermont Criminal Justice Council. The Council shall provide the training only to designated humane society employees, animal control officers appointed by the legislative body of a municipality, and other humane officers as defined in 13 V.S.A. § 351(4) . The trainings shall be conducted on a periodic basis by qualified instructors as determined by the Animal Cruelty Investigation Advisory Board.
  3. The Animal Cruelty Investigation Advisory Board may elect to require that humane officers as defined in 13 V.S.A. § 351(4)(B) complete a refresher course on the training required by this section on a periodic basis. Such refresher training shall be developed and approved by the Animal Cruelty Investigation Advisory Board and approved and administered by the Vermont Criminal Justice Council.
  4. On or before January 1, 2024 and annually thereafter, the Vermont Criminal Justice Council shall provide the Animal Cruelty Investigation Advisory Board with a list of the individuals that completed the trainings as required by this section.

    Added 2015, No. 155 (Adj. Sess.), § 5, eff. July 1, 2017; amended 2021, No. 38 , § 3.

History

2020. Substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--2021. Designated the existing provisions as subsec. (a); amended generally subsec. (a); and added subsecs. (b)-(d).

§ 2366. Law enforcement agencies; fair and impartial policing policy; race data collection.

    1. On or before March 1, 2018, every State, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with section 2358 of this title shall adopt a fair and impartial policing policy that includes each component of the Criminal Justice Council's model fair and impartial policing policy. Such agencies and constables may include additional restrictions on agency members' communication and involvement with federal immigration authorities or communications regarding citizenship or immigration status. Agencies and constables may not adopt a policy that allows for greater communication or involvement with federal immigration authorities than is permitted under the model policy. (a) (1)  On or before March 1, 2018, every State, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with section 2358 of this title shall adopt a fair and impartial policing policy that includes each component of the Criminal Justice Council's model fair and impartial policing policy. Such agencies and constables may include additional restrictions on agency members' communication and involvement with federal immigration authorities or communications regarding citizenship or immigration status. Agencies and constables may not adopt a policy that allows for greater communication or involvement with federal immigration authorities than is permitted under the model policy.
    2. On or before January 1 of every even-numbered year, the Criminal Justice Council, in consultation with others, including the Attorney General and the Human Rights Commission, shall review and, if necessary, update the model fair and impartial policing policy. If the policy is updated, the Council, in consultation with the Office of the Attorney General, shall follow the procedure set forth in subsection (b) of this section and shall have six months after January 1 to complete that procedure.
  1. The Criminal Justice Council, in consultation with the Office of the Attorney General, shall review the policies of law enforcement agencies and constables required to adopt a policy pursuant to subsection (a) of this section, to ensure those policies comply with subdivision (a)(1) of this section. If the Council, in consultation with the Office of the Attorney General, finds that a policy does not comply with subdivision (a)(1) of this section, it shall work with the law enforcement agency or constable to bring the policy into compliance. If, after consultation with the Council and the Office of the Attorney General, the law enforcement agency or constable fails to adopt a policy that complies with subdivision (a)(1) of this section on or before July 1, 2019, that agency or constable shall be deemed to have adopted, and shall follow and enforce, the model policy issued by the Council. A finding of compliance with subdivision (a)(1) shall not constitute a finding of compliance with any other applicable law.
  2. Annually, as part of their annual training report to the Council, every State, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with section 2358 of this title shall report to the Council whether the agency or officer has adopted a fair and impartial policing policy in accordance with subsections (a) and (b) of this section. The Criminal Justice Council shall determine, as part of the Council's annual certification of training requirements, whether current officers have received training on fair and impartial policing as required by 20 V.S.A. § 2358(e) .
  3. Annually, on or before July 1, the Criminal Justice Council shall report to the House and Senate Committees on Judiciary regarding which departments and officers have adopted a fair and impartial policing policy and whether officers have received training on fair and impartial policing.
    1. On or before September 1, 2014, every State, county, and municipal law enforcement agency shall collect roadside stop data consisting of the following: (e) (1)  On or before September 1, 2014, every State, county, and municipal law enforcement agency shall collect roadside stop data consisting of the following:
      1. the age, gender, and race of the driver;
      2. the grounds for the stop;
      3. the grounds for the search and the type of search conducted, if any;
      4. the evidence located, if any;
      5. the outcome of the stop, including whether physical force was employed or threatened during the stop, and if so, the type of force employed and whether the force resulted in bodily injury or death, and whether:
        1. a written warning was issued;
        2. a citation for a civil violation was issued;
        3. a citation or arrest for a misdemeanor or a felony occurred; or
        4. no subsequent action was taken.
    2. Law enforcement agencies shall work with the Executive Director of Racial Equity, the Criminal Justice Council, and a vendor chosen by the Council with the goals of collecting uniform data, adopting uniform storage methods and periods, and ensuring that data can be analyzed. Roadside stop data, as well as reports and analysis of roadside stop data, shall be public.
    3. On or before September 1, 2016 and annually thereafter, law enforcement agencies shall provide the data collected under this subsection to the Executive Director of Racial Equity and the vendor chosen by the Criminal Justice Council under subdivision (2) of this subsection or, in the event the vendor is unable to continue receiving data under this section, to the Council. Law enforcement agencies shall provide the data collected under this subsection in an electronic format specified by the receiving entity.
    4. The data provided pursuant to subdivision (3) of this subsection shall be posted electronically in a manner that is analyzable and accessible to the public on the receiving agency's website and clear and understandable. The receiving agency shall also report the data annually to the General Assembly.
    5. As used in this subsection, "physical force" shall refer to the force employed by a law enforcement officer to compel a person's compliance with the officer's instructions that constitutes a greater amount of force than handcuffing a compliant person.
  4. Nothing in this section is intended to prohibit or impede any public agency from complying with the lawful requirements of 8 U.S.C. §§ 1373 and 1644. To the extent any State or local law enforcement policy or practice conflicts with the lawful requirements of 8 U.S.C. §§ 1373 and 1644, that policy or practice is, to the extent of the conflict, abolished.

    Added 2011, No. 134 (Adj. Sess.), § 2; amended 2013, No. 193 (Adj. Sess.), § 3, eff. June 17, 2014; 2015, No. 147 (Adj. Sess.), § 26, eff. May 31, 2016; 2017, No. 54 , § 4, eff. May 31, 2017; 2017, No. 54 , § 6, eff. March 1, 2018; 2017, No. 113 (Adj. Sess.), § 141; 2019, No. 41 , § 1, eff. May 30, 2019; 2019, No. 147 (Adj. Sess.), § 4, eff. July 13, 2020.

History

2020 Substituted "Criminal Justice Council" for "Criminal Justice Training Council" throughout the section in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--2019 (Adj. Sess.). Subsec. (e): Amended generally.

Amendments--2019. Section heading: Substituted "race data" for "race date".

Subdiv. (a)(1): Deleted ", at a minimum," preceding "each component" in the first sentence, and added the last two sentences.

Subdiv. (a)(2): Substituted "January 1 of" for "October 1, 2018, and", and deleted "thereafter" following "even-numbered year" in the first sentence, and added the last sentence.

Subsec. (b): Amended generally.

Subsec. (d): Substituted "or before July" for "April".

Amendments--2017 (Adj. Sess.) Subdiv. (a)(1): Deleted "local," following "State,".

Amendments--2017. Subsecs. (a) and (b): Amended generally.

Subsec. (c): Substituted "Annually," for "On or before September 15, 2014, and annually thereafter" at the beginning of the first sentence.

Subsec. (d): Substituted "Annually" for "On or before October 15, 2014, and annually thereafter" at the beginning; inserted "regarding" following "Judiciary"; and deleted a comma following "policy".

Subsec. (f): Added.

Amendments--2015 (Adj. Sess.) Section amended generally.

Amendments--2013 (Adj. Sess.). Section amended generally.

Criminal Justice Training Council; fair and impartial policing policy. 2017, No. 54 , § 5 provides: "(a) On or before October 1, 2017, the Criminal Justice Training Council, in consultation with the Attorney General, shall review and modify the model fair and impartial policing policy to the extent necessary to bring the policy into compliance with 8 U.S.C. §§ 1373 and 1644.

"(b) On or before January 1, 2018, the Criminal Justice Training Council, in consultation with stakeholders, including the Vermont League of Cities and Towns, the Vermont Human Rights Commission, and Migrant Justice, shall update its model fair and impartial policing policy to provide one cohesive model policy for law enforcement agencies and constables to adopt as a part of the agency's or constable's own fair and impartial policing policy pursuant to 20 V.S.A. § 2366(a)(1)."

§ 2367. Statewide policy; electronic control devices; reporting.

  1. As used in this section:
    1. "Electronic control device" means a device primarily designed to disrupt an individual's central nervous system by means of deploying electrical energy sufficient to cause uncontrolled muscle contractions and override an individual's voluntary motor responses.
    2. "Law enforcement officer" means a sheriff, deputy sheriff, police officer, Capitol Police officer, State game warden, State Police officer, constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with section 2358 of this title, and a certified law enforcement officer employed by a State branch, agency, or department, including the Department of Motor Vehicles, the Agency of Natural Resources, the Office of the Attorney General, the Department of State's Attorney, the Secretary of State, and the Department of Liquor and Lottery.
  2. On or before January 1, 2015, the Law Enforcement Advisory Board shall establish a statewide policy on the use of and training requirements for the use of electronic control devices. Prior to any use of or intent to use an electronic control device, every State, county, municipal, or other law enforcement agency and every constable who is not employed by a law enforcement agency shall adopt this policy. If a law enforcement agency or officer was required to adopt a policy pursuant to this subsection but failed to do so on or before January 1, 2016, that agency or officer shall be deemed to have adopted, and shall follow and enforce, the model policy established by the Law Enforcement Advisory Board. The policy shall include the following provisions:
    1. Electronic control devices are less-lethal, but not necessarily nonlethal, alternatives to lethal force.
    2. Officers may deploy an electronic control device only:
      1. against subjects who are exhibiting active aggression or who are actively resisting in a manner that, in the officer's judgment, is likely to result in injuries to others or themselves; or
      2. if, without further action or intervention by the officer, injuries to the subject or others will likely occur.
    3. Neither an officer, a subject, or a third party has actually to suffer an injury before an officer is permitted to use an electronic control device, and officers are not required to use alternatives that increase the danger to the public or themselves.
    4. When it is safe to do so, officers shall attempt to de-escalate situations and shall provide a warning prior to deploying an electronic control device.
    5. Electronic control devices shall not be used in a punitive or coercive manner and shall not be used to awaken, escort, or gain compliance from passively resisting subjects. The act of fleeing or of destroying evidence, in and of itself, does not justify the use of an electronic control device.
    6. The use of electronic control devices shall comply with all recommendations by manufacturers for the reduction of risk of injury to subjects, including situations where a subject's physical susceptibilities are known.
    7. Electronic control devices shall be used in a manner that recognizes the potential additional risks that can result from situations:
      1. involving persons who are in an emotional crisis that may interfere with their ability to understand the consequences of their actions or to follow directions;
      2. involving persons with disabilities whose disability may impact their ability to communicate with an officer, or respond to an officer's directions; and
      3. involving higher risk populations that may be more susceptible to injury as a result of electronic control devices.
    8. Electronic control devices shall not be used on animals unless necessary to deter vicious or aggressive behavior that threatens the safety of officers or others.
  3. The Criminal Justice Council shall adopt rules and develop training to ensure that the policies and standards of this section are met. The Criminal Justice Council shall ensure that a law enforcement officer receives appropriate and sufficient training before becoming authorized to carry or use an electronic control device.
  4. On or before June 30, 2017, every State, county, municipal, or other law enforcement agency that employs one or more certified law enforcement officers shall ensure that all officers have completed the training established in 2004 Acts and Resolves No. 80, Sec. 13(a), and every constable who is not employed by a law enforcement agency shall have completed this training.
  5. The Criminal Justice Council shall coordinate training initiatives with the Department of Mental Health related to law enforcement interventions, training for joint law enforcement and mental health crisis team responses, and enhanced capacity for mental health emergency responses.
  6. Every State, county, municipal, or other law enforcement agency and every constable who is not employed by a law enforcement agency shall report all incidents involving the use of an electronic control device to the Criminal Justice Council in a form to be determined by the Council.
  7. The Law Enforcement Advisory Board shall:
    1. study and make recommendations as to whether officers authorized to carry electronic control devices should be required to wear body cameras; and
    2. establish a policy on the calibration and testing of electronic control devices.
    3. , (4) [Repealed.]

      Added 2013, No. 180 (Adj. Sess.), § 1, eff. June 10, 2014; amended 2015, No. 118 (Adj. Sess.), § 5, eff. May 23, 2016; 2019, No. 73 , § 32.

History

2020 In subsecs. (c), (e), and (f), substituted "Criminal Justice Council" for "Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--2019. Subdiv. (a)(2): Substituted "Department of Liquor and Lottery" for "Department of Liquor Control" at the end.

Amendments--2015 (Adj. Sess.). Section amended generally.

§ 2368. Standards for law enforcement use of force.

  1. Definitions.  As used in this section:
    1. "Chokehold" means the use of any maneuver on a person that employs a lateral vascular neck restraint, carotid restraint, or other action that applies any pressure to the throat, windpipe, or neck in a manner that limits the person's breathing or blood flow.
    2. "Deadly force" means any use of force that creates a substantial risk of causing death or serious bodily injury.
    3. "Force" means the physical coercion employed by a law enforcement officer to compel a person's compliance with the officer's instructions.
    4. "Imminent threat of death or serious bodily injury" means when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the law enforcement officer or another person. An imminent threat is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be immediately addressed and confronted.
    5. "Law enforcement officer" has the same meaning as in section 2351a of this title.
    6. "Totality of the circumstances" means the conduct and decisions of the law enforcement officer leading up to the use of force and all facts known to the law enforcement officer at the time, including the conduct of the person or persons involved.
  2. Use of force.
    1. Whether the decision by a law enforcement officer to use force was objectively reasonable shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances. A law enforcement officer's failure to use feasible and reasonable alternatives to force shall be a consideration for whether its use was objectively reasonable.
    2. A law enforcement officer shall use only the force objectively reasonable, necessary, and proportional to effect an arrest, to prevent escape, or to overcome resistance of a person the officer has reasonable cause to believe has committed a crime or to achieve any other lawful law enforcement objective.
    3. The authority of law enforcement to use physical force is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. Every person has a right to be free from excessive use of force by officers acting under authority of the State.
    4. The decision by a law enforcement officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by law enforcement officers, in order to ensure that officers use force consistent with law and with agency policies.
    5. When a law enforcement officer knows that a subject's conduct is the result of a medical condition, mental impairment, developmental disability, physical limitation, language barrier, drug or alcohol impairment, or other factor beyond the subject's control, the officer shall take that information into account in determining the amount of force appropriate to use on the subject, if any.
    6. A law enforcement officer who makes or attempts to make an arrest need not retreat or desist from his or her efforts by reason of the resistance or threatened resistance of the person being arrested. A law enforcement officer shall not be deemed an aggressor or lose the right to self-defense by the use of proportional force if necessary in compliance with subdivision (2) of this subsection to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, "retreat" does not mean tactical repositioning or other de-escalation tactics.
    7. A law enforcement officer has a duty to intervene when the officer observes another officer using a chokehold on a person.
  3. Use of deadly force.
    1. A law enforcement officer is justified in using deadly force upon another person only when, based on the totality of the circumstances, such force is objectively reasonable and necessary to:
      1. defend against an imminent threat of death or serious bodily injury to the officer or to another person; or
      2. apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.
    2. The use of deadly force is necessary when, given the totality of the circumstances, an objectively reasonable law enforcement officer in the same situation would conclude that there was no reasonable alternative to the use of deadly force that would prevent death or serious bodily injury to the officer or to another person.
    3. A law enforcement officer shall cease the use of deadly force as soon as the subject is under the officer's control or no longer poses an imminent threat of death or serious bodily injury to the officer or to another person.
    4. A law enforcement officer shall not use deadly force against a person based on the danger that person poses to himself or herself if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the law enforcement officer or to another person.
    5. When feasible, a law enforcement officer shall, prior to the use of force, make reasonable efforts to identify himself or herself as a law enforcement officer and to warn that deadly force may be used.
    6. A law enforcement officer shall not use a chokehold on a person unless deadly force is justified pursuant to subdivisions (1)-(4) of this subsection.

      Added 2019, No. 165 (Adj. Sess.), § 1, eff. July 1, 2021; 2021, No. 27 , § 1, eff. Oct. 1, 2021.

History

2020 In subdiv. (a)(4), substituted "section 2351a of this chapter" for "20 V.S.A. § 2351a" to conform reference to V.S.A. style.

Repeal of prospective enactment of section. 2019, No. 165 (Adj. Sess.), § 1 enacted 20 V.S.A. § 2368, standards for law enforcement use of force, with an effective date of July 1, 2021. However, the language enacted by 2019, No. 165 (Adj. Sess.), § 1 did not take effect because it was repealed by 2021, No. 27 , § 7, effective July 1, 2021 and replaced by the present language enacted by 2021, No. 27 , § 1.

§ 2369. Statewide policy; required use of body camera policy.

    1. On and after January 1, 2022, each law enforcement agency that authorizes its law enforcement officers to use body cameras shall adopt, follow, and enforce a model body camera policy established by the Council, and each law enforcement officer who uses a body camera shall comply with the provisions of that policy. (a) (1)  On and after January 1, 2022, each law enforcement agency that authorizes its law enforcement officers to use body cameras shall adopt, follow, and enforce a model body camera policy established by the Council, and each law enforcement officer who uses a body camera shall comply with the provisions of that policy.
    2. Until the date set forth in subdivision (1) of this subsection, each law enforcement agency that authorizes its law enforcement officers to use body cameras shall adopt, follow, and enforce the Model Body Worn Camera (BWC) Policy established by the Law Enforcement Advisory Board pursuant to 2016 Acts and Resolves No. 163, and each law enforcement officer who uses a body camera shall comply with the provisions of that policy.
  1. The Council shall incorporate the provisions of this section into training it provides.

    Added 2019, No. 166 (Adj. Sess.), § 13, eff. Oct. 1, 2020.

History

2020 This section was originally enacted as 20 V.S.A. § 2368 by 2019, No. 166 (Adj. Sess.), § 13 but was redesignated as section 2369 of this chapter to avoid conflict with 20 V.S.A. § 2368 as added by 2019, No. 165 (Adj. Sess.), § 1.

Moratorium on facial recognition technology 2019, No. 166 (Adj. Sess.), § 14 provides: "(a) Until the use of facial recognition technology by law enforcement officers is authorized by an enactment of the General Assembly, a law enforcement officer shall not use facial recognition technology or information acquired through the use of facial recognition technology unless the use would be permitted with respect to drones under 20 V.S.A. § 4622 (law enforcement use of drones).

"(b) As used in this section:

"(1) 'Facial recognition' means:

"(A) the automated or semi-automated process that identifies or attempts to identify a person based on the characteristics of the person's face, including identification of known or unknown persons or groups; or

"(B) the automated or semiautomated process by which the characteristics of a person's face are analyzed to determine the person's sentiment, state of mind, or other propensities, including the person's level of dangerousness.

"(2) 'Facial recognition technology' means any computer software or application that performs facial recognition.

"(3) 'Law enforcement officer' has the same meaning as in 20 V.S.A. § 2351a."

Use of facial recognition technology by law enforcement in cases involving sexual exploitation of children. 2021, No. 17 , § 1, effective May 4, 2021, provides: "(a) Notwithstanding 2020 Acts and Resolves No. 166, Sec. 14 [moratorium on facial recognition technology], the General Assembly authorizes the use of facial recognition technology by law enforcement during a criminal investigation into sexual exploitation of children under 13 V.S.A. chapter 64.

"(b) Use of facial recognition technology authorized by subsection (a) of this section shall be utilized only where law enforcement is in possession of an image of an individual they believe to be a victim, potential victim, or identified suspect in the investigation, and the search is solely confined to locating images, including videos, of that individual within electronic media legally seized by law enforcement in relation to the specific investigation."

Subchapter 2. Unprofessional Conduct

§ 2401. Definitions.

As used in this subchapter:

  1. "Category A conduct" means:
    1. A felony.
    2. A misdemeanor that is committed while on duty and did not involve the legitimate performance of duty.
    3. Any of the following misdemeanors, if committed off duty:
      1. simple assault, second offense;
      2. domestic assault;
      3. false reports and statements;
      4. driving under the influence, second offense;
      5. violation of a relief from abuse order or of a condition of release;
      6. stalking;
      7. false pretenses;
      8. voyeurism;
      9. prostitution or soliciting prostitution;
      10. distribution of a regulated substance;
      11. simple assault on a law enforcement officer; or
      12. possession of a regulated substance, second offense.
  2. "Category B conduct" means gross professional misconduct amounting to actions on duty or under authority of the State, or both, that involve willful failure to comply with a State-required policy or substantial deviation from professional conduct as defined by the law enforcement agency's policy or if not defined by the agency's policy, then as defined by Council policy, and shall include:
    1. sexual harassment involving physical contact or misuse of position;
    2. misuse of official position for personal or economic gain;
    3. excessive use of force under authority of the State, first offense;
    4. biased enforcement;
    5. use of electronic criminal records database for personal, political, or economic gain;
    6. Subdivision (2)(F) effective until October 1, 2021; see also subdivision (2)(F) effective October 1, 2021 set out below.  placing a person in a prohibited restraint;

      (F) Subdivision (2)(F) effective October 1, 2021; see also subdivision (2)(F) effective until October 1, 2021 set out above. placing a person in a chokehold;

    7. Subdivision (2)(G) effective until October 1, 2021; see also subdivision (2)(G) effective October 1, 2021 set out below.  failing to intervene and report to a supervisor when the officer observes another officer placing a person in a prohibited restraint or using excessive force.

      (G) Subdivision (2)(G) effective October 1, 2021; see also subdivision (2)(G) effective until October 1, 2021 set out above. failing to intervene and report to a supervisor when the officer observes another officer placing a person in a chokehold or using excessive force.

  3. "Category C conduct" means any allegation of misconduct pertaining to Council processes or operations, including:
    1. intentionally exceeding the scope of practice for an officer's certification level;
    2. knowingly making material false statements or reports to the Council;
    3. falsification of Council documents;
    4. intentional interference with Council investigations, including intimidation of witnesses or misrepresentations of material facts;
    5. material false statements about certification status to a law enforcement agency;
    6. knowing employment of an individual in a position or for duties for which the individual lacks proper certification;
    7. intentional failure to conduct a valid investigation or file a report as required by this subchapter; or
    8. failure to complete annual in-service training requirements.
  4. "Effective internal affairs program" means that a law enforcement agency does all of the following:
    1. Complaints.  Accepts complaints against its law enforcement officers from any source.
    2. Investigators.  Assigns an investigator to determine whether an officer violated an agency rule or policy or State or federal law.
    3. Policies.  Has language in its policies or applicable collective bargaining agreement that outlines for its officers expectations of employment or prohibited activity, or both, and provides due process rights for its officers in its policies. These policies shall establish a code of conduct and a corresponding range of discipline.
    4. Fairness in discipline.  Treats its accused officers fairly, and decides officer discipline based on just cause, a set range of discipline for offenses, consideration of mitigating and aggravating circumstances, and its policies' due process rights.
    5. Civilian review.  Provides for review of officer discipline by civilians, which may be a selectboard or other elected or appointed body, at least for the conduct required to be reported to the Council under this subchapter.
  5. "Unprofessional conduct" means Category A, B, or C conduct.
    1. "Valid investigation" means an investigation conducted pursuant to a law enforcement agency's established or accepted procedures. (6) (A) "Valid investigation" means an investigation conducted pursuant to a law enforcement agency's established or accepted procedures.
    2. An investigation shall not be valid if:
      1. the agency has not adopted an effective internal affairs program;
      2. the agency refuses, without any legitimate basis, to conduct an investigation;
      3. the agency intentionally did not report allegations to the Council as required;
      4. the agency attempts to cover up the misconduct or takes an action intended to discourage or intimidate a complainant; or
      5. the agency's executive officer is the officer accused of misconduct.
  6. Subdivision (7) effective until October 1, 2021; see also subdivision (7) effective October 1, 2021 set out below.  "Prohibited restraint" means the use of any maneuver on a person that applies pressure to the neck, throat, windpipe, or carotid artery that may prevent or hinder breathing, reduce intake of air, or impede the flow of blood or oxygen to the brain.

    (7) Subdivision (7) effective October 1, 2021; see also subdivision (7) effective until October 1, 2021 set out above. "Chokehold" means the use of any maneuver on a person that employs a lateral vascular neck restraint, carotid restraint, or other action that applies any pressure to the throat, windpipe, or neck in a manner that limits the person's breathing or blood flow.

    Added 2017, No. 56 , § 1, eff. July 1, 2018; amended 2019, No. 147 (Adj. Sess.), § 5, eff. Sept. 1, 2020; 2021, No. 27 , § 5, eff. Oct. 1, 2021.

History

Amendments--2021. Subdivs. (2)(F), (2)(G): Substituted "chokehold" for "prohibited restraint".

Subdiv. (7): Amended generally.

Amendments--2019 (Adj. Sess.). Subdiv. (2): In the intro. par., substituted "authority of the State" for "color of authority" preceding ", or both," and "and shall include" for "such as" at the end.

Subdiv. (2)(C): Substituted "authority of the State, first offense" for "color of authority, second offense" following "excessive use of force under".

Subdiv. (2)(D): Deleted "or" at the end.

Subdivs. (2)(F), (2)(G), and (7): Added.

§ 2402. Law enforcement agencies; duty to adopt an effective internal affairs program.

  1. Each law enforcement agency shall adopt an effective internal affairs program in order to manage complaints regarding the agency's law enforcement officers.
  2. The Council shall create an effective internal affairs program model policy that may be used by law enforcement agencies to meet the requirements of this section.

    Added 2017, No. 56 , § 1, eff. July 1, 2018.

§ 2403. Law enforcement agencies; duty to report.

    1. The executive officer of a law enforcement agency or the chair of the agency's civilian review board shall report to the Council within 10 business days if any of the following occur in regard to a law enforcement officer of the agency: (a) (1)  The executive officer of a law enforcement agency or the chair of the agency's civilian review board shall report to the Council within 10 business days if any of the following occur in regard to a law enforcement officer of the agency:
      1. Category A.
        1. There is a finding of probable cause by a court that the officer committed Category A conduct.
        2. There is any decision or findings of fact or verdict regarding allegations that the officer committed Category A conduct, including a judicial decision and any appeal from a decision.
      2. Category B.
        1. The agency receives a credible complaint against the officer that alleges that the officer committed Category B conduct.
        2. The agency receives or issues any of the following:
          1. a report or findings of a valid investigation finding that the officer committed Category B conduct; or
          2. any decision or findings, including findings of fact or verdict, regarding allegations that the officer committed Category B conduct, including a hearing officer decision, arbitration, administrative decision, or judicial decision, and any appeal from such a decision.
      3. Termination.  The agency terminates the officer for Category A or Category B conduct.
      4. Resignation.  The officer resigns from the agency while under investigation for unprofessional conduct.
    2. As part of his or her report, the executive officer of the agency or the chair of the civilian review board shall provide to the Council a copy of any relevant documents associated with the report, including any findings, decision, and the agency's investigative report.
  1. The Council shall provide a copy of any report and the relevant documents provided with it to the Council Advisory Committee, which shall recommend any appropriate action to take in regard to a law enforcement officer who is the subject of that report.
  2. The Executive Director of the Council shall report to the Attorney General and the State's Attorney of jurisdiction any allegations that an officer committed Category A conduct.

    Added 2017, No. 56 , § 1, eff. July 1, 2018; amended 2019, No. 166 (Adj. Sess.), § 15, eff. Oct. 1, 2020; 2021, No. 20 , § 164.

History

Amendments--2021. Subdiv. (a)(1)(A)(ii): Substituted "from a decision" for "therefrom".

Subdiv. (a)(1)(B)(ii)(II): Substituted "from a decision" for "therefrom".

Amendments--2019 (Adj. Sess.). Subdiv. (a)(1)(B)(i): Inserted "credible" preceding "complaint against the officer that" and deleted ", if deemed credible by the executive officer of the agency as a result of a valid investigation," thereafter.

Subsec. (b): Redesignated former subsec. (b) as subsec. (c) and added present subsec. (b).

§ 2404. Investigations.

  1. Agency investigations of Category A and B conduct.
      1. Each law enforcement agency shall conduct a valid investigation of any complaint alleging that a law enforcement officer employed by the agency committed Category A or Category B conduct. An agency shall conclude its investigation even if the officer resigns from the agency during the course of the investigation. (1) (A) Each law enforcement agency shall conduct a valid investigation of any complaint alleging that a law enforcement officer employed by the agency committed Category A or Category B conduct. An agency shall conclude its investigation even if the officer resigns from the agency during the course of the investigation.
      2. Notwithstanding the provisions of subdivision (A) of this subdivision (1), a law enforcement agency shall refer to the Council any unprofessional conduct complaints made against a law enforcement officer who is the executive officer of that agency.
      1. The Council shall accept from any source complaints alleging a law enforcement officer committed unprofessional conduct and, if the Executive Director of the Council deems such a complaint credible, he or she shall refer any complaints regarding Category A or Category B conduct to the executive officer of the agency who employs that officer, and that agency shall conduct a valid investigation. (2) (A) The Council shall accept from any source complaints alleging a law enforcement officer committed unprofessional conduct and, if the Executive Director of the Council deems such a complaint credible, he or she shall refer any complaints regarding Category A or Category B conduct to the executive officer of the agency who employs that officer, and that agency shall conduct a valid investigation.
      2. Notwithstanding the provisions of subdivision (A) of this subdivision (2), the Council shall cause to be conducted an alternate course of investigation if the allegation is in regard to a law enforcement officer who is the executive officer of the agency.
  2. Exception to an agency's valid investigation.  Notwithstanding a law enforcement agency's valid investigation of a complaint, the Council may investigate that complaint or cause the complaint to be investigated if the officer resigned before a valid investigation had begun or was completed.
  3. Council investigations of Category C conduct.  The Council shall investigate allegations of Category C conduct.

    Added 2017, No. 56 , § 1, eff. July 1, 2018.

§ 2405. Council sanction procedure.

Except as otherwise provided in this subchapter, the Council shall conduct its proceedings in accordance with the Vermont Administrative Procedure Act. This includes the ability to summarily suspend the certification of a law enforcement officer in accordance with 3 V.S.A. § 814(c) .

Added 2017, No. 56 , § 1, eff. July 1, 2018.

§ 2406. Permitted Council sanctions.

  1. Generally.  The Council may impose any of the following sanctions on a law enforcement officer's certification upon its finding that a law enforcement officer committed unprofessional conduct:
    1. written warning;
    2. suspension, but to run concurrently with the length and time of any suspension imposed by a law enforcement agency with an effective internal affairs program, which shall amount to suspension for time already served if an officer has already served a suspension imposed by his or her agency with such a program;
    3. revocation, with the option of recertification at the discretion of the Council; or
    4. permanent revocation.
  2. Intended revocation; temporary voluntary surrender.
      1. If, after an evidentiary hearing, the Council intends to revoke a law enforcement officer's certification due to its finding that the officer committed unprofessional conduct, the Council shall issue a decision to that effect. (1) (A) If, after an evidentiary hearing, the Council intends to revoke a law enforcement officer's certification due to its finding that the officer committed unprofessional conduct, the Council shall issue a decision to that effect.
      2. Within 10 business days from the date of that decision, such an officer may voluntarily surrender his or her certification if there is a pending labor proceeding related to the Council's unprofessional conduct findings.
      3. A voluntary surrender of an officer's certification shall remain in effect until the labor proceeding and all appeals are finally adjudicated or until the officer requests a final sanction hearing, whichever occurs first, and thereafter until the Council's final sanction hearing on the matter. At that hearing, the Council may modify its findings and decision on the basis of additional evidence, but shall not be bound by any outcome of the labor proceeding.
    1. If an officer fails to voluntarily surrender his or her certification in accordance with subdivision (1) of this subsection, the Council's original findings and decision shall take effect.

      Added 2017, No. 56 , § 1, eff. July 1, 2018.

§ 2407. Limitation on Council sanctions; first offense of Category B conduct.

  1. Category B conduct; first offense.  Subsection (a) effective until October 1, 2021; see also subsection (a) effective October 1, 2021 set out below.  If a law enforcement agency conducts a valid investigation of a complaint alleging that a law enforcement officer committed a first offense of Category B conduct, the Council shall take no action, except that the Council may take action for a first offense under subdivision 2401(2)(C) (excessive use of force under authority of the State), 2401(2)(F) (placing a person in a prohibited restraint), or 2401(2)(G) (failing to intervene and report to a supervisor when an officer observes another officer placing a person in a prohibited restraint or using excessive force) of this chapter.

    (a) Category B conduct; first offense. Subsection (a) effective October 1, 2021; see also subsection (a) effective until October 1, 2021 set out above. If a law enforcement agency conducts a valid investigation of a complaint alleging that a law enforcement officer committed a first offense of Category B conduct, the Council shall take no action, except that the Council may take action for a first offense under subdivision 2401(2)(C) (excessive use of force under authority of the State), 2401(2)(F) (placing a person in a chokehold), or 2401(2)(G) (failing to intervene and report to a supervisor when an officer observes another officer placing a person in a chokehold or using excessive force) of this chapter.

  2. "Offense" defined.  As used in this section, an "offense" means any offense committed by a law enforcement officer during the course of his or her certification, and includes any offenses committed during employment at a previous law enforcement agency.

    Added 2017, No. 56 , § 1, eff. July 1, 2018; amended 2019, No. 147 (Adj. Sess.), § 5, eff. Sept. 1, 2020; 2021, No. 27 , § 6, eff. Oct. 1, 2021.

History

Amendments--2021. Subsec. (a): Substituted "chokehold" for "prohibited restraint" twice.

Amendments--2019 (Adj. Sess.). Subsec. (a): Inserted ", except that the Council may take action for a first offense under subdivision 2401(2)(C) (excessive use of force under authority of the State), 2401(2)(F) (placing a person in a prohibited restraint), or 2401(2)(G) (failing to intervene and report to a supervisor when an officer observes another officer placing a person in a prohibited restraint or using excessive force) of this chapter".

§ 2408. Invalid investigations.

Nothing in this subchapter shall prohibit the Council from causing a complaint to be investigated or taking disciplinary action on an officer's certification if the Council determines that a law enforcement agency's investigation of the officer's conduct did not constitute a valid investigation.

Added 2017, No. 56 , § 1, eff. July 1, 2018.

§ 2409. Accessibility and confidentiality.

  1. It is the purpose of this section both to protect the reputation of law enforcement officers from public disclosure of unwarranted complaints against them and to fulfill the public's right to know of any action taken against a law enforcement officer when that action is based on a determination of unprofessional conduct.
  2. All meetings and hearings of the Council shall be subject to the Open Meeting Law.
  3. The Executive Director of the Council shall prepare and maintain a register of all complaints, which shall be open to public inspection and copying, except as may be exempt under the Public Records Act, and which shall show:
    1. with respect to any complaint, the following information:
      1. the date and the nature of the complaint, but not including the identity of the law enforcement officer; and
      2. a summary of the completed investigation; and
    2. only with respect to a complaint resulting in filing of charges or stipulations or the taking of disciplinary action, the following additional information:
      1. the name and business addresses of the law enforcement officer;
      2. formal charges, provided that they have been served or a reasonable effort to serve them has been made;
      3. the findings, conclusions, and order of the Council;
      4. the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;
      5. any stipulation filed with the Council; and
      6. any final disposition of the matter by the Vermont Supreme Court.
  4. The Council, its hearing officer, and Council staff shall keep confidential any other information regarding unprofessional conduct complaints, investigations, proceedings, and related records except the information required or permitted to be released under this section.
  5. A law enforcement officer charged with unprofessional conduct shall have the right to inspect and copy the investigation file that results in the charges against him or her, except for any attorney work product or other privileged information.
  6. Nothing in this section shall prohibit the disclosure of any information regarding unprofessional conduct complaints pursuant to an order from a court of competent jurisdiction, or to a State or federal law enforcement agency in the course of its investigation, provided the agency agrees to maintain the confidentiality of the information as provided in subsection (d) of this section.

    Added 2017, No. 56 , § 1, eff. July 1, 2018.

§ 2410. Council Advisory Committee.

  1. Creation.  There is created the Council Advisory Committee to provide advice to the Council regarding its duties under this subchapter.
    1. The Committee shall specifically advise and assist the Council in developing procedures to ensure that allegations of unprofessional conduct by law enforcement officers are investigated fully and fairly, and to ensure that appropriate action is taken in regard to those allegations.
    2. The Committee shall be advisory only and shall not have any decision-making authority.
  2. Membership.  The Committee shall be composed of five individuals appointed by the Governor. The Governor may solicit recommendations for appointments from the Chair of the Council.
    1. Four of these members shall be public members who during incumbency shall not serve and shall have never served as a law enforcement officer or corrections officer and shall not have an immediate family member who is serving or has ever served as either of those officers.
    2. One of these members shall be a retired law enforcement officer.
  3. Assistance.  The Executive Director of the Council or designee shall attend Committee meetings as a resource for the Committee.
  4. Reimbursement.  Members of the Committee who are not employees of the State of Vermont and who are not otherwise compensated or reimbursed for their attendance shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 for not more than five meetings per year. Such payments shall be derived from the budget of the Council.

    Added 2017, No. 56 , § 1, eff. July 1, 2018.

§ 2411. Council rules.

The Council may adopt rules to implement the provisions of this subchapter.

Added 2017, No. 56 , § 1, eff. July 1, 2018.

PART 7 Fire Protection and Fire Prevention

Cross References

Cross references. Department of public safety generally, see chapter 111 of this title.

Municipal fire departments, see 24 V.S.A. chapter 57.

Northeastern Forest Fire Protection Compact, see 10 V.S.A. chapter 81.

CHAPTER 171. FIRE DISTRICTS

Cross References

Cross references. Local fire departments, see chapter 175 of this title.

ANNOTATIONS

Cited. Johnson v. Fisher, 131 Vt. 382, 306 A.2d 696 (1973).

Subchapter 1. General Provisions

§ 2481. Establishment; change of limits.

  1. Upon application in writing of 20 or more freeholders or voters of a proposed fire district, the selectboard, after a duly warned public hearing, may establish such proposed fire district and define its limits. Such application shall contain a list of the powers mentioned in sections 2601 and 2603 of this title which the proposed district shall have and the district shall not have any of the other powers mentioned in these sections. Fire districts thus created shall be named by number in the order of their establishment. The selectboard shall file a certificate of its doings in the office of the town clerk for record. The selectboard may change the limits of a fire district upon a similar application and in like manner subject to the approval by the fire district at the annual or a special meeting of the fire district duly warned but any change in limits of a fire district may take place only with the consent of the majority of the landowners newly included within or excluded from those boundaries by that alteration. A record of any alteration of fire district boundaries shall be made by the town clerk. Only property contiguous to the fire district shall be the subject of an expansion of the boundaries of a fire district. For purposes of this subsection, a "public hearing" shall be a meeting of the legislative body of a town or of a fire district for the duly warned purpose of establishing or changing the limits of a fire district. Public notice for a public hearing required by this subsection shall be given not less than 15 days prior to the date of the public hearing by:
    1. The publication of the date, place, and purpose of the hearing in a newspaper of general circulation in the municipality affected; and
    2. The posting of the same information in one or more public places within the municipality.
  2. If a petition signed by five percent of the legal voters of the town objecting to the proposed establishment or change of limits of the fire district is presented to the town clerk within 30 days of the date of posting and publication of the notice required by subsection (a) of this section, the selectboard shall cause the question of whether the town shall establish or change the limits of the fire district to be considered at a special or annual meeting called for that purpose. After the meeting, the fire district shall be established or the limits changed unless a majority of the voters of the town present and voting vote to disapprove of such establishment or change of limits. If a petition signed by five percent of the legal voters of a town objecting to a selectboard decision denying the establishment or the change of limits of a fire district is presented to the town clerk within 30 days of the selectboard decision, the selectboard shall cause the question of whether the town shall establish or change the limits of the fire district to be considered at a special or annual meeting called for that purpose.

    Amended 1993 No. 164 (Adj. Sess.) § 13; 2003, No. 93 (Adj. Sess.), § 1.

History

Source. 1955, No. 267 . 1951, No. 77 . V.S. 1947, § 3907. P.L. § 3783. 1933, No. 157 , § 3538. G.L. § 4189. P.S. § 3647. 1896, No. 64 , § 1. V.S. § 3152. R.L. § 2795. 1870, No. 41 . 1866, No. 55 . G.S. 16, §§ 12-14. 1854, No. 7 , §§ 1-3. R.S. 14, §§ 1, 9. 1832, No. 18 , §§ 1, 3.

Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "its" for "their" in the fourth sentence; added the eighth and ninth sentences and added subdivs. (1) and (2).

Subsec. (b): Added the last sentence.

Amendments--1993 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), rewrote that subsection and added subsec. (b).

Cross References

Cross references. Annual and special meetings, see § 2483 of this title.

Formation of districts comprising entire towns, see § 2541 of this title.

Formation of districts comprising two or more towns, see § 2489 of this title.

ANNOTATIONS

Analysis

1. Signatures on application.

Under this section, which provides that selectmen may establish a proposed fire district upon written application of "twenty or more freeholders of a town, residents of a proposed fire district," and further provides that the selectmen may change the limits of an existing fire district upon "a similar application," the twenty or more persons signing an application for enlargement of an existing fire district must be residents of the area sought to be added to the district. Walker v. Town of Dorset, 139 Vt. 227, 424 A.2d 1078 (1981).

2. Withdrawal of signatures.

Where two of the persons who signed application for enlargement of fire district withdrew their signatures from the petition before action on the petition had been taken by the selectmen, such action being the next step in the enlargement process, the withdrawal was permissible. Walker v. Town of Dorset, 139 Vt. 227, 424 A.2d 1078 (1981).

3. Validity of particular proceedings.

In proceedings under this section, which provides that a fire district may be enlarged upon petition of twenty or more resident freeholders of the area sought to be added, where two of twenty signers from such area withdrew their signatures before any action was taken on the petition, the requirement of substantial compliance with this section was not met and the actions of the selectmen in enlarging the district, and the vote of the district in favor of the enlargement, were void. Walker v. Town of Dorset, 139 Vt. 227, 424 A.2d 1078 (1981).

§ 2482. Body corporate; first meeting.

The inhabitants of such district shall be a body corporate. The first meeting shall be called by the selectmen in the manner provided for warning fire district meetings. The first selectman, or, in his or her absence, either of the others shall preside at such meeting.

History

Source. V.S. 1947, § 3908. P.L. § 3784. 1927, No. 59 . G.L. § 4190. P.S. § 3648. V.S. § 3153. R.L. § 2796. G.S. 16, §§ 15, 30. 1860, No. 26 , § 1. 1854, No. 7 , §§ 4, 11. R.S. 14, §§ 9, 10. 1832, No. 18 , §§ 2, 3.

ANNOTATIONS

Cited. Walker v. Town of Dorset, 139 Vt. 227, 424 A.2d 1078 (1981).

§ 2483. Annual and special meetings.

The annual fire district meeting shall be held on the second Monday in January, or at such other time as the district at any regular or special meeting may determine, and shall be warned by the clerk, or, in the clerk's absence or neglect, by one of the prudential committee. Special meetings shall be warned in the same manner on application in writing by three or more voters of the district, or by five percent of the voters of the district, whichever is greater. A warning for a fire district meeting shall state the business to be transacted. The time and place of holding the meeting shall be posted in two or more public places in the district not more than 40 days nor less than 30 days before the meeting and recorded in the office of the clerk before the same is posted.

Amended 1985, No. 196 (Adj. Sess.), § 19.

History

Source. V.S. 1947, § 3910. P.L. § 3786. 1933, No. 157 , § 3540. 1931, No. 56 . G.L. § 4191. 1917, No. 109 , § 1. P.S. § 3649. V.S. § 3154. R.L. § 2797. 1868, No. 7 . G.S. 16, §§ 16, 21. 1854, No. 7 , §§ 5, 10.

Amendments--1985 (Adj. Sess.). Substituted "the clerk's" for "his" preceding "absence" in the first sentence, added "or by five percent of the voters of the district, whichever is greater" following "more voters of the district" in the second sentence, and substituted "not more than 40 days nor less than 30 days before the meeting" for "at least six days previous thereto" following "district" in the fourth sentence.

ANNOTATIONS

1. Warning.

The article in the warning of a meeting of a district was sufficiently definite and certain to support votes of district at that meeting in respect to procuring apparatus for extinguishing fires and appointment of agent to purchase such apparatus. Hunneman & Co. v. Fire District No. 1 in Jamaica, 37 Vt. 40 (1864).

§ 2484. Voters.

Persons residing within the limits of a fire district who are voters in town meeting shall be voters in fire district meeting.

History

Source. V.S. 1947, § 3909. P.L. § 3785. 1933, No. 40 , §§ 1, 2. 1927, No. 59 . G.L. § 4190. P.S. § 3648. V.S. § 3153. R.L. § 2796. G.S. 16, §§ 15, 30. 1860, No. 26 , § 1. 1854, No. 7 , §§ 4, 11. R.S. 14, §§ 9, 10. 1832, No. 18 , §§ 2, 3.

§ 2485. Officers generally.

A fire district shall elect at its first meeting and at each annual meeting thereafter a clerk, a treasurer and a collector of taxes. Such fire district may elect a chief engineer and such assistant engineers as are necessary, whether or not they are inhabitants of the district, who shall rank in the order of their election. Such officers shall hold office until the next annual meeting and until others are elected. A vacancy in any office may be filled by the prudential committee. Such district at its first meeting shall elect a prudential committee which shall consist of three persons, who shall serve for one, two and three years, respectively. Thereafter at each annual meeting a member of such committee shall be elected for the term of three years. If the fire district so votes, two additional persons may be elected to such committee for a term of one year. A vacancy in such committee may be filled at an annual meeting, or at a special meeting called for that purpose, but the selectmen of the town in which such district is located may fill a vacancy in such committee until an election by the appointment of a resident of such district. When a meeting is not held on the second Monday in January, the officers of the district may be elected at a special meeting. The officers shall be elected by ballot if demanded by a voter, and by a majority vote.

Amended 1993, No. 77 , § 1.

History

Source. V.S. 1947, § 3911. 1943, No. 44 , § 1. P.L. § 3787. 1931, No. 57 . G.L. § 4192. 1917, No. 254 , § 4122. 1910, No. 117 , § 1. P.S. § 3650. V.S. § 3155. 1892, No. 54 . R.L. § 2798. 1868, No. 7 , § 2. G.S. 16, §§ 15, 21, 27. 1860, No. 26 , § 1. 1857, No. 36 , §§ 2, 7. 1854, No. 7 , §§ 4, 10. R.S. 14, § 11. 1832, No. 18 , § 4.

Amendments--1993 Inserted "whether or not they are inhabitants of the district" following "necessary" in the second sentence.

Cross References

Cross references. Annual and special meetings generally, see § 2483 of this title.

Chief engineer generally, see chapter 171, subchapter 4 of this title.

Duties of clerk generally, see § 2487 of this title.

Duties of collector of taxes generally, see § 2486 of this title.

§ 2486. Collector.

A fire district may elect the collector of town taxes, although he or she is not an inhabitant of the district, to be collector of fire district taxes. If he or she accepts the office, he or she shall have the powers and be subject to the duties imposed upon fire district collectors.

History

Source. V.S. 1947, § 3912. P.L. § 3788. G.L. § 4193. P.S. § 3651. V.S. § 3156. 1886, No. 8 .

Cross References

Cross references. Collection of taxes generally, see 32 V.S.A. chapter 133.

§ 2487. Clerk.

The clerk shall keep a record of the meetings, votes and proceedings of such district for the inspection of the inhabitants thereof.

History

Source. V.S. 1947, § 3913. P.L. § 3789. G.L. § 4194. P.S. § 3652. V.S. § 3157. R.L. § 2802. G.S. 16, § 21. 1868, No. 7 , § 2. 1854, No. 7 , § 10.

§ 2488. Board of tax abatement.

The board for the abatement of taxes of a fire district shall consist of the prudential committee, the clerk of the committee, the justices of the peace, and listers residing in the district. The board may abate taxes accruing to such municipality in all cases where a different provision is not made by the charter, acts of incorporation, or amendments to the charter or acts of incorporation of the municipality.

Amended 2021, No. 20 , § 165.

History

Source. V.S. 1947, § 3914. P.L. § 3790. 1933, No. 157 , § 354a. 1921, No. 106 , § 1.

Amendments--2021. Substituted "of the committee" for "thereof" and "in the district" for "therein" in the first sentence; and substituted "The board" for "Such board" and "to the charter or acts of incorporation of the municipality" for "thereto, of such municipality" in the second sentence.

§ 2489. Fire districts; two or more towns.

  1. Where the limits of a proposed fire district include two or more towns, or portions of two or more towns, irrespective of whether the towns are situated in different counties, the application set forth in section 2481 of this title shall be made to the selectmen of each such town and the selectmen of each town as provided in section 2481 of this title may establish the proposed fire district and define its limits. The selectmen of each town shall file a certificate of their doings for record in the office of their respective town clerks and, if the proposed district extends into more than one county, in the office of the clerk of each such county. The selectmen may change the limits of the fire district upon a similar application subject to the approval of the fire district as provided in this chapter.
  2. The first meeting of the fire district shall be called by the combined membership of the boards of selectmen of the several towns in the manner provided for warning fire district meetings.  The combined membership shall elect from its members a chairman to preside at the first meeting.  Where a vacancy in the prudential committee arises, the vacancy in the committee may be filled by the combined vote of the selectmen of each town.  The fire district shall have all the same rights, duties, obligations, and responsibilities, and be governed by all of the provisions relating to fire districts located wholly within the limits of one town.

    Added 1971, No. 62 , § 1, eff. April 14, 1971.

Cross References

Cross references. Warning of meetings, see § 2482 of this title.

Subchapter 2. Town Fire Districts

§ 2541. Formation.

At an annual or special meeting, by a majority vote of those present and voting, towns may vote to form a fire district whose limits shall be the town limits, provided the warning for such meeting contains an article to that effect.

Amended 1971, No. 62 , § 2, eff. April 14, 1971.

History

Source. V.S. 1947, § 3915. P.L. § 3791. 1929, No. 57 , § 1.

Amendments--1971. Substituted "majority" for "three-fourths" preceding "vote".

Cross References

Cross references. Formation of districts comprised of parts of towns, see § 2481 of this title.

Formation of districts comprising two or more towns, see § 2489 of this title.

§ 2542. Powers generally.

A town functioning as a fire district under this chapter shall have all the powers, so far as the same may be applicable, now given to fire districts by sections 2601-2607 and 2671-2675 of this title.

History

Source. V.S. 1947, § 3918. P.L. § 3794. 1929, No. 57 , § 4.

§ 2543. Board of fire commissioners.

When a town has so voted, the board of selectmen shall constitute a board of fire commissioners and may purchase all necessary and proper apparatus for the prevention and extinguishment of fires.

History

Source. V.S. 1947, § 3916. P.L. § 3792. 1933, No. 157 , § 3545. 1929, No. 57 , § 2.

§ 2544. Employees.

The selectmen may appoint a chief engineer for such district and all other necessary firemen and employees.

History

Source. V.S. 1947, § 3917. P.L. § 3793. 1929, No. 57 , § 3.

Cross References

Cross references. Chief engineer generally, see chapter 171, subchapter 4 of this title.

§ 2545. Expenditures.

All expenditures under sections 2541-2544 of this title shall be paid out of the general fund of the town unless the town by its vote shall otherwise direct.

History

Source. V.S. 1947, § 3919. P.L. § 3795. 1933, No. 157 , § 3548. 1929, No. 57 , § 5.

Subchapter 3. Powers

Cross References

Cross references. Chief engineers of districts generally, see chapter 171 of this title.

Formation of fire districts, see §§ 2481, 2489 and 2541 of this title.

§ 2601. Generally.

A fire district may vote to adopt the town manager system in compliance with 24 V.S.A. chapter 37. It may vote a tax upon the taxable estate for the protection of property in the district from damage by fire; for the acquisition, construction, and maintenance of sewers and sewage treatment works; sidewalks; public parks; water works, water companies, and equipment and real estate used in connection therewith, including reservoirs and dams; for lighting; and for other lawful purposes. The prudential committee and collector shall have the same power in assessing, levying, and collecting the tax, as town officers have in assessing and collecting town taxes, including the collection of interest on overdue taxes. The prudential committee may expend such sums for acquiring, constructing, and maintaining sewers and sewage treatment works; sidewalks; public parks; water works, water companies, and all equipment and real estate used in connection therewith, including reservoirs and dams; and for lighting purposes as the fire district may vote. The committee may use and occupy such portions of the highways within the district as may be necessary for constructing and maintaining sewers and sewage treatment works; sidewalks; public parks; water works and mains, and for lighting purposes.

Amended 1969, No. 223 (Adj. Sess.), § 1, eff. March 31, 1970; 1981, No. 133 (Adj. Sess.), § 2, eff. April 2, 1982.

History

Source. V.S. 1947, § 3920. 1947, No. 202 , § 3942. 1943, No. 44 , § 2. 1941, No. 55 . P.L. § 3796. G.L. § 4195. 1912, No. 130 , § 1. 1908, No. 88 , § 1. P.S. § 3653. V.S. § 3158. R.L. § 2799. G.S. 16, §§ 17, 18. 1854, No. 7 , §§ 6, 7.

2013. In the second sentence, deleted "polls and taxable estate or upon the" preceding the second instance of "taxable estate" and deleted "only" following "the second instance of "taxable estate" in accordance with 1978, No. 118 , § 1 (poll tax repeal).

Amendments--1981 (Adj. Sess.). Added "including the collection of interest on overdue taxes" following "collecting town taxes" in the third sentence.

Amendments--1969 (Adj. Sess.). Section amended generally.

Applicability--1981 (Adj. Sess.) amendment. 1981, No. 133 (Adj. Sess.), § 5, provided that the act amending this section was to be effective for the tax year beginning April 1, 1982 and thereafter.

Cross References

Cross references. Collection of taxes generally, see 32 V.S.A. chapter 133.

Highway laws generally, see Title 19.

§ 2602. Matters subject to regulation by bylaws.

A fire district at its meetings may regulate by bylaws the manufacture and safekeeping of ashes, gunpowder and combustibles, and the preservation of buildings from fire by precautionary measures and by inspection.

History

Source. V.S. 1947, § 3926. P.L. § 3802. G.L. § 4201. P.S. § 3657. V.S. § 3162. R.L. § 2804. G.S. 16, § 26. 1857, No. 36 , § 6. R.S. 14, § 12. 1832, No. 18 , § 5.

§ 2603. Sprinkling and oiling streets.

If it so votes at its annual meeting, a fire district may empower its prudential committee to cause the streets of such district to be sprinkled or oiled to the extent deemed necessary by the committee.

History

Source. V.S. 1947, § 3921. P.L. § 3797. 1933, No. 157 , § 3550. G.L. § 4196. 1912, No. 129 .

§ 2604. Preservation of property.

In the name of the district, the prudential committee may make contracts and expenditures for the preservation of property in the district from damage by fire as they deem necessary and draw orders on the treasury for that purpose. However, the committee shall not bind the district for a greater sum than has been voted.

Amended 2021, No. 20 , § 166.

History

Source. V.S. 1947, § 3922. P.L. § 3798. G.L. § 4197. P.S. § 3654. V.S. § 3159. R.L. § 2800. G.S. 16, § 19. 1860, No. 26 , § 2. 1854, No. 7 , § 8.

Amendments--2021. Substituted "in the district" for "in such district" and "for that purpose" for "therefor" in the first sentence; and substituted "the committee" for "such committee" in the second sentence.

Cross References

Cross references. Powers of prudential committee generally, see § 2601 of this title.

ANNOTATIONS

Cited. Hunneman & Co. v. Fire District No. 1 in Jamaica, 37 Vt. 40 (1864).

§ 2605. Purchase of property.

A fire district, through its prudential committee, may purchase and hold, in addition to the apparatus for extinguishing fires, such real and personal estate as is necessary for the preservation of the fire apparatus.

Amended 1967, No. 17 .

History

Source. V.S. 1947, § 3924. P.L. § 3800. G.L. § 4199. P.S. § 3656. V.S. § 3161. R.L. § 2803. G.S. 16, § 22. 1857, No. 36 , § 1. R.S. 14, § 10. 1832, No. 18 , § 2.

Amendments--1967. Section amended generally.

§ 2606. Eminent domain.

When a fire district decides to erect a building for the preservation of its fire apparatus and the location of land for the building is determined, if the owner of the land refuses to convey the land to the district at a price that the district deems reasonable, the district may take the land in the same manner as a town may take land for town purposes as provided in 24 V.S.A. §§ 2805-2812 . The duties imposed by 24 V.S.A. §§ 2805-2812 upon the selectboard shall be performed by the prudential committee of the district. All petitions and notices shall be served on the clerk of the district in lieu of on the town clerk as provided pursuant to 24 V.S.A. §§ 2805-2812.

Amended 2021, No. 20 , § 167.

History

Source. V.S. 1947, § 3925. 1947, No. 202 , § 3947. P.L. § 3801. G.L. § 4200. 1917, No. 254 , § 4130. 1915, No. 121 .

Revision note. In the first sentence, substituted "sections 2505 to 2812 of Title 24" for "sections 2804 to 2811 of Title 24" in light of the renumbering of the referenced sections.

Amendments--2021. Section amended generally.

§ 2607. Actions and claims.

The committee may commence and prosecute actions in the name of the district, defend and adjust actions commenced against it and settle claims in favor of and against the district.

History

Source. V.S. 1947, § 3923. P.L. § 3799. G.L. § 4198. P.S. § 3655. V.S. § 3160. R.L. § 2801. G.S. 16, § 20. 1854, No. 7 , § 9.

Subchapter 4. Chief Engineer

Cross References

Cross references. Officers of districts generally, see § 2485 of this title.

§ 2671. Duties generally.

The chief engineer, or, in his or her absence, the assistants in the order of their rank, under the supervision of the prudential committee, shall have charge of the apparatus for the prevention and extinguishment of fires, and shall keep the same in serviceable order. When on duty, an engineer shall wear conspicuously a badge of office with his or her rank inscribed thereon.

History

Source. V.S. 1947, § 3927. 1947, No. 202 , § 3949. P.L. § 3803. G.L. § 4202. P.S. § 3658. V.S. § 3163. R.L. § 2805. G.S. 16, §§ 25, 29. 1857, No. 36 , §§ 5, 9. R.S. 14, § 11. 1832, No. 18 , § 4.

§ 2672. Enforcement of bylaws; alteration and repair of fireplaces, furnaces, and stoves.

The chief engineer may carry into effect any bylaw or rule of the district and may direct alterations in the position and repairs of fireplaces, furnaces, stoves, and other things from which damage from fire is apprehended. If the directions are not complied with promptly, he or she may cause the change or repairs to be made and recover the expense of the change or repairs, with costs, from the owner or possessor in a civil action in the name of the district.

Amended 2021, No. 20 , § 168.

History

Source. V.S. 1947, § 3929. P.L. § 3805. G.L. § 4204. P.S. § 3660. V.S. § 3165. R.L. § 2807. G.S. 16, § 26. 1857. No. 36, § 6. R.S. 14, § 12.

Revision note. In the second sentence, substituted "a civil action" for "an action of contract on this statute" pursuant to 1971, No. 185 (Adj. Sess.), § 236(c), (d) which is set out as a note under § 219 of Title 4. See V.R.C.P. 2.

Amendments--2021. Section amended generally.

Cross References

Cross references. Penalties for disobedience of order of engineer, see § 2675 of this title.

§ 2673. Powers and duties during hazardous chemical or substance incident, fires; threat of fires or explosions.

  1. The chief engineer, or in the chief's absence, the assistant highest in rank present at a hazardous chemical or substance incident or fire, shall have charge of the fire apparatus and of the companies and persons attending the hazardous chemical or substance incident or fire for the purpose of containing, controlling or extinguishing the same, and may remove goods and effects out of a building or place endangered by the hazardous chemical or substance incident or fire. The chief engineer may cause to be pulled down or removed, such buildings as the chief deems necessary to prevent the spread of hazardous material or fire, and for such purposes, may require the assistance of inhabitants of the district. During the hazardous chemical or substance incident or fire, the chief engineer may suppress tumults or disorders and direct the labor of inhabitants present in such fire district.
  2. Where an emergency situation exists in a municipality and there is no fire, but there is an imminent threat of a hazardous chemical or substance incident, fire or explosion, the ranking member of the fire company responding will be in charge as long as the imminent threat continues. Where there is a threat of bombing, the fire department shall surrender responsibility to the police department having jurisdiction in the area.
  3. The ranking member of a fire department shall have authority to direct, control and supervise traffic at the scene of a fire or other emergency to which a fire department has responded.
  4. [Repealed.]

    Amended 1961, No. 52 , § 1; 1975, No. 222 (Adj. Sess.), § 1, eff. May 7, 1976; 1991, No. 29 , § 1; 1993, No. 194 (Adj. Sess.), § 10, eff. June 14, 1994; 2009, No. 135 (Adj. Sess.), § 26(8)(A).

History

Source. V.S. 1947, § 3928. 1947, No. 202 , § 3950. P.L. § 3804. G.L. § 4203. P.S. § 3659. V.S. § 3164. R.L. § 2806. G.S. 16, § 24. 1857, No. 36 , § 4. R.S. 14, § 11. 1832, No. 18 , § 4.

Amendments--2009 (Adj. Sess.) Subsec. (d): Repealed.

Amendments--1993 (Adj. Sess.). Inserted "hazardous chemical or substance incident" following "during" in the section heading.

Subsec. (a): Substituted "the chief's" for "his" and inserted "hazardous chemical or substance incident or" following "present at a" and following "attending the", "containing, controlling or" preceding "extinguishing" and "hazardous chemical or substance incident or" following "endangered by the" in the first sentence, substituted "the chief engineer" for "he" preceding "may cause", deleted "blown up" preceding "or removed", substituted "the chief" for "he" preceding "deems", substituted "hazardous material or" for "the" following "spread of", and made a minor change in punctuation in the second sentence, and inserted "hazardous chemical or substance incident or" following "during the", substituted "the chief engineer" for "he" preceding "may suppress", inserted "and" preceding "direct" and deleted "and in the absence of a law enforcement officer may direct and control traffic" following "fire district" in the third sentence.

Subsec. (b): Inserted "hazardous chemical or substance incident" preceding "fire or explosion" in the first sentence.

Subsec. (d): Added.

Amendments--1991. Subsec. (c): Added.

Amendments--1975 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

Amendments--1961. Added "and in the absence of a law enforcement officer may direct and control traffic" following "such fire district" in the third sentence.

Cross References

Cross references. HAZMAT emergency operation team, see § 2681 of this title.

Rendition of assistance at fires outside district, see § 2674 of this title.

ANNOTATIONS

1. Obstruction of firemen.

The owner or occupier of a structure which is on fire may not bar firemen from attempting to extinguish the fire. 1972-74 Op. Atty. Gen. 64.

§ 2674. Assistance outside district.

When a fire occurs in a fire district or town, and application for assistance is made to an officer or inhabitant of another organized fire district by an officer or inhabitant of such district or town, if in his judgment assistance should be granted, the chief engineer may designate the engine and company to render such assistance.

History

Source. V.S. 1947, § 3931. P.L. § 3807. G.L. § 4206. P.S. § 3662. V.S. § 3167. R.L. § 2809. G.S. 16, § 31. 1858, No. 25 .

Cross References

Cross references. Powers and duties of chief engineer as to firefighting generally, see § 2673 of this title.

§ 2675. Penalties for disobedience of order or bylaw.

A person who refuses to obey a lawful order or direction of an engineer or the official highest in rank present at a fire or other emergency, or disobeys a bylaw of the district, shall be fined not more than $250.00.

Amended 1961, No. 52 , § 2; 1991, No. 29 , § 2.

History

Source. V.S. 1947, § 3930. P.L. § 3806. G.L. § 4205. P.S. § 3661. R. 1906, § 3537. V.S. § 3166. R.L. § 2808. G.S. 16, §§ 24, 28. 1857, No. 36 , §§ 4, 8. R.S. 14, § 11. 1832, No. 18 , § 4.

Amendments--1991. Deleted "town" preceding "official", inserted "or other emergency" preceding "or disobeys", and substituted "$250.00" for "$25.00" following "more than".

Amendments--1961. Section amended generally.

CHAPTER 173. PREVENTION AND INVESTIGATION OF FIRES

Article 1. Generally.

Article 2. Smoking.

Article 1. General Provisions.

Article 2. Investigation by Fire Marshal.

Cross References

Cross references. Department of public safety generally, see chapter 111 of this title.

Local fire prevention measures generally, see § 2672 of this title.

Prevention and extinguishment of forest fires, see 10 V.S.A. chapter 83, subchapter 4.

Subchapter 1. General Provisions

§ 2681. Commissioner of public safety as fire marshal; deputy and assistants; HAZMAT emergency operation team.

  1. The commissioner of public safety shall be ex officio fire marshal. The commissioner shall annually by March 15 submit to the governor a detailed report. A copy of this report shall be mailed to each fire department, paid or volunteer, in the state of Vermont. Subject to the approval of the governor, the commissioner may appoint a deputy fire marshal and other necessary assistants who shall assist him or her as state fire marshal.
  2. , (c)  [Repealed.]

    Amended 1971, No. 75 , § 1, eff. April 16, 1971; 1973, No. 137 (Adj. Sess.), § 1; 1993, No. 194 (Adj. Sess.), § 11, eff. June 14, 1994; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 122 (Adj. Sess.), § 294p; 2003, No. 122 (Adj. Sess.), § 294y, eff. April 1, 2005; 2005, No. 8 , § 1, eff. April 25, 2005; 2009, No. 135 (Adj. Sess.), § 26(8)(B), eff. May 29, 2010.

History

Source. 1949, No. 189 , § 6. V.S. 1947, § 10,338. 1947, No. 202 , § 7589. 1946, S., No. 17, § 2. 1941, No. 185 , § 14. P.L. § 8156. 1944, No. 153 , § 33. 1925, No. 97 . 1923, No. 101 . 1919, No. 147 , §§ 1, 2, 16.

Amendments--2009 (Adj. Sess.) Subsecs. (b) and (c): Repealed.

Amendments--2005. Subsec. (a): Substituted "March 15" for "January 15" in the second sentence and made a minor change in punctuation in the third sentence.

Amendments--2003 (Adj. Sess.). Subsec. (a): Act No. 122, § 294p, substituted "ex officio" for "ex-officio"; inserted "of labor and industry" following "commissioner", "by January 15" following "annually", "to the governor" following "submit" and substituted "prepared in collaboration with the fire marshal" for "as fire marshal which shall be included in his annual report to the governor".

Subsec. (a): Act No. 122, § 294y, deleted "of labor and industry" following "commissioner" and "prepared in collaboration with the fire marshal" following "report".

Amendments--2003 Subsec. (b): Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" in the second sentence.

Amendments--1993 (Adj. Sess.). Added "HAZMAT emergency operation team" following "assistants" in the section heading, designated the existing provisions of the section as subsec. (a), inserted "or her" preceding "as state" in the third sentence of that subsection, and added subsecs. (b) and (c).

Amendments--1973 (Adj. Sess.). Section amended generally and added requirement of detailed annual report.

Amendments--1971. Section amended generally.

Effective date of amendment to subsec. (a). 2003, No. 122 (Adj. Sess.), § 298(g) provides that Sec. 294y of that act, which amends subsec. (a) of this section, shall take effect April 1, 2005.

Cross References

Cross references. Duties of commissioner generally, see § 1872 of this title.

§§ 2682, 2683. Repealed. 1971, No. 75, § 2, eff. April 16, 1971.

History

Former §§ 2682, 2683. Former § 2682, relating to the supervision and control of the deputy fire marshal by the commissioner of public safety, was derived from V.S. 1947, § 10,340; P.L. § 8158; 1933, No. 157 , § 7777; and 1919, No. 147 , § 22.

Former § 2683, relating to the annual report of the deputy fire marshall to the fire marshal, was derived from V.S. 1947, § 10,342; P.L. § 8160; 1933, No. 157 , § 7779; and 1919, No. 147 , § 20.

§ 2684. Repealed. 1979, No. 121 (Adj. Sess.), § 11.

History

Former § 2684. Former § 2684, relating to the annual examination of state buildings by the state fire marshal, was derived from 1953, No. 239 .

§ 2685. Record of fires.

The fire marshal shall keep in his or her office a record of every fire occurring in this state which causes serious injury to any person or loss or damage to property in excess of $200.00. He or she shall record all the facts concerning these fires, including statistics as to their extent and the damage caused thereby, and whether the losses were covered by insurance and, if so, in what amount. The record shall be made daily from the reports made to him or her under the provisions of this chapter. All such records shall be public, except information and testimony taken where arson is suspected.

Amended 1973, No. 137 (Adj. Sess.), § 2.

History

Source. V.S. 1947, § 10,341. P.L. § 8159. 1919, No. 147 , § 6.

Amendments--1973 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Reports by local authorities of investigations of fires, see § 2833 of this title.

Reports to commissioner by fire insurance companies, see § 2688 of this title.

§§ 2686, 2687. Repealed. 1961, No. 189.

History

Former § 2686, 2687. Former § 2686, relating to payment of the expenses of the fire marshal, was derived from V.S. 1947, § 10,343; 1947, No. 202 , § 7594; 1945, No. 176 , § 29; P.L. § 8161; 1933, No. 157 , § 7780; 1925, No. 97 ; 1923, No. 101 ; 1919, No. 147 , §§ 16, 19.

Former § 2687, relating to a special tax for maintenance of the fire prevention division of the department of safety, was derived from 1959, No. 264 ; 1953, No. 233 ; 1951, No. 223 ; 1949, No. 250 ; V.S. 1947, § 10,365; 1939, No. 218 , § 1; P.L. § 8181; 1919, No. 147 , § 17.

Annotations From Former § 2687

1. Depletion of fund.

The section required that the insurance company assessment fund be used primarily to cover the cost of investigation of fires of suspicious origin, and if such investigation depleted the fund, then the general appropriation for the department of public safety was to be used to cover the remainder of the expenses of the fire marshal's office. 1954-56 Op. Atty. Gen. 246.

§ 2688. Report of fire insurance company.

When required by the commissioner, a fire insurance company or association transacting business in this state shall report to such commissioner, after the adjustment of a loss, the amount of all policies issued by such company or association on the property destroyed or damaged, the amount paid or payable on account of such loss, and such other information relating to the matter as the commissioner may require.

History

Source. 1949, No. 189 , § 12. Prior law: V.S. 1947, § 9115, repealed by 1949, No. 189 , § 13.

Cross References

Cross references. Fire and casualty insurers generally, see 8 V.S.A. chapter 105, subchapter 1.

§ 2689. Failure of officer to preform duty.

An officer referred to in section 2831 of this title who intentionally neglects to comply with any of the requirements of this chapter shall be fined not more than $100.00 nor less than $10.00.

Amended 2021, No. 20 , § 169.

History

Source. V.S. 1947, § 10,346. P.L. § 8164. 1919, No. 147 , § 15.

Amendments--2021. Substituted "intentionally" for "wilfully".

Subchapter 2. Division of Fire Safety

History

Amendments--2019 (Adj. Sess.). 2019, No. 178 (Adj. Sess.), § 34, eff. July 1, 2021, substituted "Division of Fire Safety" for "Fire Safety Division" in the subchapter heading.

Amendments--2003 Substituted "Safety Division" for "Regulations" in the subchapter heading pursuant to 2003, No. 141 (Adj. Sess.), § 3.

ARTICLE 1. Generally

§§ 2721-2727. Repealed. 1971, No. 205 (Adj. Sess.), § 7.

History

Former §§ 2721-2727. Former § 2721, relating to the authority of the fire marshal to promulgate regulations relating to fire prevention and safety generally, was derived from 1955, No. 222 , § 3; 1949, No. 189 , § 10; V.S. 1947, § 10,369; 1947, No. 154 , § 1; 1945, No. 177 , § 5; P.L. § 8336; 1933, No. 157 , § 7981; G.L. §§ 5847, 6197, 6200; 1917, No. 171 , § 4; 1917, No. 254 , §§ 5697, 6068; 1912, No. 188 , § 3; 1908, No. 159 , § 9; 1908, No. 153 , § 2; P.S. §§ 5413, 5416; 1904, No. 137 , §§ 2, 7; 1902, No. 113 , §§ 4, 8; V.S. § 4670; 1896, No. 102 , §§ 1, 3; 1886, No. 93 , § 3; and amended by 1969, No. 284 (Adj. Sess.), § 1.

Former § 2722, relating to requirements for fire escapes, exits and exit lights, was derived from V.S. 1947, §§ 10,366, 10,377; 1945, No. 177 , §§ 3, 4; P.L. §§ 8334, 8335; 1933, No. 157 , § 7979; 1921, No. 185 , § 1; G.L. §§ 6327, 6328; 1917, No. 254 , § 6170; 1908, No. 162 ; P.S. §§ 5511, 5512; 1906, No. 171 , § 1; V.S. §§ 4701, 4702; and 1892, No. 83 , §§ 1, 2.

Former § 2723, relating to use of revolving doors, was derived from 1955, No. 222 , § 2; V.S. 1947, § 10,368; 1947, No. 154 , § 2; 1945, No. 177 , § 1; 1943, No. 86 , § 1; P.L. § 5266; G.L. § 6196; 1917, No. 254 , § 6064; 1915, No. 193 ; 1910, No. 215 ; P.S. § 5412; and 1904, No. 137 , § 3.

Former § 2724, relating to the effect of the provisions on municipal ordinances and regulations, was derived from 1955, No. 222 , § 6; V.S. 1947, § 10,372; and 1947, No. 154 , § 5.

Former § 2725, relating to the effect of the provisions on the existing powers and duties of the commissioner of labor and industry, was derived from 1955, No. 222 , § 5; V.S. 1947, § 10,371; and 1947, No. 154 , § 3.

Former § 2726, relating to appeals from orders or regulations of the commissioner, was derived from V.S. 1947, § 10,373; and 1947, No. 154 , § 6.

Former § 2727, relating to penalties for violations and procedure for enforcement of the article or rules and regulations, was derived from 1955, No. 222 , § 4; V.S. 1947, § 10,370; 1947, No. 154 , § 4; 1945, No. 177 , § 6; P.L. § 8337; 1933, No. 157 , § 7982; 1923, No. 121 ; G.L. § 6329; P.S. § 5513; V.S. § 4703; and 1892, No. 83 , § 3.

The subject matter of the former sections is now covered by § 251 et seq. of Title 21.

Effective date of amendment. 1971, No. 205 (Adj. Sess.), § 8(e), provided: "This act shall take full effect July 1, 1973 or at an earlier date which the governor may set by executive order, which shall be not sooner than April 1, 1973."

§ 2728. Director of fire safety.

There shall be a director of fire safety, who shall be responsible for the operation and supervision of the fire safety division of the department of public safety. The director shall report directly to the commissioner and shall serve as a member of the fire service training council. The director shall be an exempt state employee and shall be appointed by the commissioner, with the approval of the governor.

Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.

History

Effective date. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

§ 2729. General provisions.

  1. A person shall not build or cause to be built any structure that is unsafe or likely to be unsafe to other persons or property in case of fire or generation and leakage of carbon monoxide.
  2. A person shall not maintain, keep or operate any premises or any part thereof, or cause or permit to be maintained, kept, or operated, any premises or part thereof, under his or her control or ownership in a manner that causes or is likely to cause harm to other persons or property in case of fire or generation and leakage of carbon monoxide.
  3. On premises under a person's control, excluding single family owner-occupied houses and premises, that person shall observe rules adopted under this subchapter for the prevention of fires and carbon monoxide leakage that may cause harm to other persons or property.
  4. Any condominium or multiple unit dwelling using a common roof, or row houses so-called, or other residential buildings in which people sleep, including hotels, motels, and tourist homes, excluding single family owner-occupied houses and premises, whether the units are owned or leased or rented, shall be subject to the rules adopted under this subchapter and shall be provided with one or more carbon monoxide detectors, as defined in 9 V.S.A. § 2881(3) , properly installed according to the manufacturer's requirements.

    Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2005, No. 19 , § 2, eff. July 1, 2005.

History

Amendments--2005. Subsec. (a): Substituted "that" for "which" preceding "causes" and inserted "or generation and leakage of carbon monoxide".

Subsec. (b): Substituted "that" for "which" following "manner" and inserted "or generation and leakage of carbon monoxide".

Subsec. (c): Inserted "excluding single family owner-occupied houses and premises" following "control" and substituted "and carbon monoxide leakage that" for "which" following "fires".

Subsec. (d): Rewrote the subsection.

Effective date. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

Effective dates of compliance with 2005 amendment. 2005, No. 19 , § 3(b), provides: "Compliance with Sec. 2 of this act [which amended this section]:

"(1) Relating to buildings in which people sleep, shall take effect on October 1, 2005.

"(2) Relating to public buildings in which people do not sleep, shall take effect on November 1, 2006."

§ 2730. Definitions.

  1. As used in this subchapter, "public building" means:
      1. a building owned or occupied by a public utility, hospital, school, house of worship, convalescent center or home for elders or persons who have an infirmity or a disability, nursery, kindergarten, or child care; (1) (A) a building owned or occupied by a public utility, hospital, school, house of worship, convalescent center or home for elders or persons who have an infirmity or a disability, nursery, kindergarten, or child care;
      2. a building in which two or more persons are employed, or occasionally enter as part of their employment or are entertained, including private clubs and societies;
      3. a cooperative or condominium;
      4. a building in which people rent accommodations, whether overnight or for a longer term;
      5. a restaurant, retail outlet, office or office building, hotel, tent, or other structure for public assembly, including outdoor assembly, such as a grandstand;
      6. a building owned or occupied by the State of Vermont, a county, a municipality, a village, or any public entity, including a school or fire district; or
        1. a building in which two or more persons are employed, or occasionally enter as part of their employment, and where the associated extraction of plant botanicals utilizing flammable, volatile, or otherwise unstable liquids, pressurized gases, or other substances capable of combusting or whose properties would readily support combustion or pose a deflagration hazard; and (G) (i) a building in which two or more persons are employed, or occasionally enter as part of their employment, and where the associated extraction of plant botanicals utilizing flammable, volatile, or otherwise unstable liquids, pressurized gases, or other substances capable of combusting or whose properties would readily support combustion or pose a deflagration hazard; and
        2. notwithstanding subdivision (b)(3) of this section, a building on a working farm or farms that meets the criteria of subdivision (G)(i) of this subsection is a "public building."
    1. Use of any portion of a building in a manner described in this subsection shall make the entire building a "public building" for purposes of this subsection. For purposes of this subsection, a "person" does not include an individual who is directly related to the employer and who resides in the employment-related building.
  2. The term "public building" does not include:
    1. An owner-occupied single family residence, unless used for a purpose described in subsection (a) of this section.
    2. A family residence registered as a child care home under 33 V.S.A. chapter 35, or specifically exempted from registration by 33 V.S.A. § 3502(b)(1) .
    3. Farm buildings on a working farm or farms. For purposes of this subchapter and subchapter 3 of this chapter, the term "working farm or farms" means farms with fewer than the equivalent of 10 full-time employees who are not family members and who do not work more than 26 weeks a year. In addition, the term means a farm or farms:
      1. Whose owner is actively engaged in farming.
      2. If the farm or farms are owned by a partnership or a corporation, one that includes at least one partner or principal of the corporation who is actively engaged in farming.
      3. Where the farm or farms are leased, the lessee is actively engaged in farming. The term "farming" means:
        1. the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops;
        2. the raising, feeding, or management of livestock, poultry, equines, fish, or bees;
        3. the production of maple syrup;
        4. the operation of greenhouses;
        5. the on-site storage, preparation, and sale of agricultural products principally produced on the farm. Notwithstanding this definition of farming, housing provided to farm employees other than family members shall be treated as rental housing and shall be subject to the provisions of this chapter. In addition, any farm building that is open for public tours and for which a fee is charged for those tours shall be considered a public building.
    4. A single family residence with an accessory dwelling unit as permitted under 24 V.S.A. § 4406(4)(D) .
  3. For the purpose of this subchapter, subchapter 3 of this chapter, and chapter 174 of this title, the words "premises," "building," and "structure," or any part thereof shall mean "public building" as defined in this section.
  4. "Historic building" or "historic structure" means any structure that has been listed in the National Register of Historic Places or the State Register of Historic Places or that has been determined to be historically significant by the Vermont Advisory Council on Historic Preservation or that meets the standards adopted by the Division for Historic Preservation pursuant to 22 V.S.A. § 723(a) .
  5. The phrase "damage or destroy the historic architectural integrity of the historic building or structure" means to have an undue adverse impact on historically significant features of the historic architectural integrity of the building.

    Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2007, No. 172 (Adj. Sess.), § 5; 2013, No. 96 (Adj. Sess.), § 122; 2017, No. 113 (Adj. Sess.), § 142; 2019, No. 44 , § 3, eff. May 30, 2019.

History

Reference in text. 24 V.S.A. § 4406(4)(D), referred to in subdiv. (b)(4), was repealed by 2003, No. 115 (Adj. Sess.), § 119(c).

2017. In subsec. (d), substituted "State Register of Historic Places" for "State register of historic properties" to correct the name of the Register.

Amendments--2019. Subdiv. (a)(1)(F): Added "; or" following "fire district".

Subdiv. (a)(1)(G): Added.

Amendments--2017 (Adj. Sess.) Subsec. (c): Substituted "chapter 174 of this title" for "21 V.S.A. chapter 4".

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1)(A): Substituted "elders or persons who have an infirmity or a disability" for "the aged, infirm, or disabled" following "home for".

Amendments--2007 (Adj. Sess.). Subdiv. (a)(1)(A): Substituted "child" for "day" preceding "care".

Subdiv. (b)(2): Substituted "child" for "day" preceding "care".

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

§ 2731. Rules; inspections; variances.

  1. Rules.
    1. The Commissioner is authorized to adopt rules regarding the construction of buildings, maintenance and operation of premises, and prevention of fires and removal of fire hazards, and to prescribe standards necessary to protect the public, employees, and property against harm arising out of or likely to arise out of fire.
      1. The Commissioner shall require each of the following certificants to complete an education module regarding the State's energy goals and how each certificant's specific profession can further those goals: (2) (A) The Commissioner shall require each of the following certificants to complete an education module regarding the State's energy goals and how each certificant's specific profession can further those goals:
        1. gas appliance installers, inspectors, and servicers certified under subdivision (c)(4)(C) of this section;
        2. oil burning equipment installers, inspectors, and servicers certified under subdivision (c)(4)(D) of this section; and
        3. limited oil burning equipment installers, inspectors, and services certified under subdivision (c)(4)(F) of this section.
      2. The education module shall be not more than two hours and shall be required as a condition of initial certification and certification renewal. The module shall include education on any State or utility incentives relevant to the profession.
        1. The education module for initial certification shall provide general information regarding the State's energy goals.
        2. The education module for certification renewal shall provide any updates on the State's energy goals and any updates regarding corresponding State energy programs applicable to the profession.
      3. The Commissioner shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service.
  2. Inspections.
    1. The Commissioner shall conduct inspections of premises to ensure that the rules adopted under this subchapter are being observed and may establish priorities for enforcing these rules and standards based on the relative risks to persons and property from fire of particular types of premises.
    2. The Commissioner may also conduct inspections to ensure that buildings are constructed in accordance with approved plans and drawings.
  3. Fees.  The following fire prevention and building code fees are established:
    1. The permit application fee for a construction plan approval shall be based on $8.00 per each $1,000.00 of the total valuation of the construction work proposed to be done for all buildings, but in no event shall the permit application fee exceed $185,000.00 nor be less than $50.00.
    2. When an inspection is required due to the change in use or ownership of a public building, the fee shall be $125.00.
    3. The proof of inspection fee for fire suppression, alarm, detection, and any other fire protection systems shall be $30.00.
    4. Three-year initial certificate of fitness and renewal fees for individuals performing activities related to fire or life safety established under subsection (a) of this section shall be:
      1. Water-based fire protection system design:
        1. Initial certification: $150.00.
        2. Renewal: $50.00.
      2. Water-based fire protection system installation, maintenance, repair, and testing:
        1. Initial certification: $115.00.
        2. Renewal: $50.00.
      3. Gas appliance installation, inspection, and service: $60.00.
      4. Oil burning equipment installation, inspection, and service: $60.00.
      5. Fire alarm system inspection and testing: $90.00.
      6. Limited oil burning equipment installation, inspection, and service: $60.00.
      7. Domestic water-based fire protection system installation, maintenance, repair, and testing:
        1. Initial certification: $60.00.
        2. Renewal: $20.00.
      8. Fixed fire extinguishing system design, installation, inspection, servicing, and recharging:
        1. Initial certification: $60.00.
        2. Renewal: $20.00.
      9. Emergency generator installation, maintenance, repair, and testing: $30.00;
      10. Chimney and solid fuel burning appliance cleaning, maintenance, and evaluation: $30.00.
  4. Permit processing.  The Commissioner shall make all practical efforts to process permits in a prompt manner. The Commissioner shall establish time limits for permit processing as well as procedures and time periods within which to notify applicants whether an application is complete.
  5. Variances; exemptions.  Except for any rules requiring the education module regarding the State's energy goals described in subdivision (a)(2) of this section, the Commissioner may grant variances or exemptions from rules adopted under this subchapter where strict compliance would entail practical difficulty, unnecessary hardship, or is otherwise found unwarranted, provided that:
    1. any such variance or exemption secures the public safety and health;
    2. any petitioner for such a variance or exemption can demonstrate that the methods, means, or practices proposed to be taken in lieu of compliance with the rule or rules provide, in the opinion of the Commissioner, equal protection of the public safety and health as provided by the rule or rules;
    3. the rule or rules from which the variance or exemption is sought has not also been adopted as a rule or standard under 21 V.S.A. chapter 3, subchapters 4 and 5; and
    4. any such variance or exemption does not violate any of the provisions of 26 V.S.A. chapters 3 and 20 or any rules adopted thereunder.
  6. State-funded building energy standards.  The Commissioner shall, in State-funded buildings or new additions to State-funded buildings on which construction is begun after June 30, 2001, meet the standards contained in "The Vermont Guidelines for Energy Efficient Commercial Construction" as published in its most recent edition by the Department of Public Service.
  7. Definition.  "Publicly funded building" as used in this section means any public building or an addition thereto that is paid for in whole or in part with federal, State, or municipal monies.
  8. Older and historic renovations.  A building owner or contractor engaged in an older and historic renovation project may propose innovative, performance-based alternatives in lieu of strict fire and building code compliance. The Commissioner shall consider such alternatives and shall accept those that provide equivalent protection of the public safety and health. A decision to accept or deny a proposed alternative shall be in writing and explain the reasons for accepting or denying the alternative.
  9. Plan reviews.
    1. The Department approves stamped architectural plans by issuing a plan review letter. If, upon final inspection, the Department requires structural changes, additional life safety modifications, or State-mandated accessibility modifications, and the modifications or changes are not the result of design or construction changes by the owner, the owner or architect:
      1. may apply for a variance or exemption as provided in subsection (e) of this section, section 2732 of this title, or 26 V.S.A. § 124 ; and
      2. if the variance or exemption request is denied, upon the completion of the structural changes or additional life safety, or State-mandated accessibility modifications, as the case may be, may apply to the Commissioner for a reimbursement of some or all of the plan review fee paid for the project.
    2. The decisions of the Commissioner pursuant to this subsection shall be final. The Commissioner shall adopt rules to carry out the provisions of this subsection. This subsection shall not apply to design or construction changes necessary to comply with an alternative method of life safety code or State-mandated accessibility compliance requested by the owner after the plan review.
  10. Detectors.  Rules adopted under this section shall require that information written, approved, and distributed by the Commissioner on the type, placement, and installation of photoelectric smoke detectors and carbon monoxide detectors be conspicuously posted in the retail sales area where the detectors are sold.
  11. Building codes.  Pursuant to his or her authority under this section, the Commissioner of Public Safety shall:
    1. Develop and maintain on the Department website a graphic chart or grid depicting categories of construction, including new construction, major rehabilitation, change of use, and additions, and the respective building codes that apply to each category.
    2. Whenever practicable and appropriate, offer the opportunity to construction and design professionals to participate in Division of Fire Safety staff training.
    3. Update building codes on three-year cycles, consistent with codes developed by code-writing authorities, to keep pace with technology, products, and design.
    4. Create a publicly accessible database of decisions that are decided on appeal to the Commissioner.
  12. Energy standard certificates.  Provision of a certificate as required by 30 V.S.A. § 51 (residential building energy standards) or 53 (commercial building energy standards) shall be a condition precedent to the issuance of a certificate of use or occupancy for a public building under the rules adopted pursuant to this section.

    Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2003, No. 122 (Adj. Sess.), § 294aa, eff. April 1, 2005; 2005, No. 72 , § 15; 2007, No. 180 (Adj. Sess.), § 4, eff. May 29, 2008; 2009, No. 134 (Adj. Sess.), § 1; 2011, No. 137 (Adj. Sess.), § 5, eff. May 14, 2012; 2013, No. 89 , § 5; 2015, No. 149 (Adj. Sess.), § 37; 2017, No. 113 (Adj. Sess.), § 143; 2019, No. 178 (Adj. Sess.), § 34, eff. July 1, 2021.

History

2017. In subsec. ( l ), substituted 30 V.S.A. §§ 51 and 53 for 21 V.S.A. §§ 266 and 268, respectively, in accordance with 2013, No. 89 , § 11.

- 2011. In subdiv. (i)(1)(A), substituted "26 V.S.A. § 124" for "21 V.S.A. § 273" to correct an error in the reference in light of the repeal of 26 V.S.A. § 273 by 2003, No. 141 (Adj. Sess.), § 12.

Amendments--2019 (Adj. Sess.). Subsec. (a): Inserted the subdiv. (1) designation and added subdiv. (2).

Subsec. (b): Inserted the subdiv. (1) and (2) designations, and substituted "ensure" for "assure" twice.

Subsec. (e): In the intro. par., inserted "Except for any rules requiring the education module regarding the State's energy goals described in subdivision (a)(2) of this section," at the beginning.

Amendments--2017 (Adj. Sess.) Subsecs. (a)-(j), ( l ): Added the subsec. headings.

Amendments--2015 (Adj. Sess.). Subdiv. (c)(1): Substituted "$8.00" for "$5.50".

Amendments--2013. Subsec. ( l ): Added.

Amendments--2011 (Adj. Sess.). Subsec. (k): Added.

Amendments--2009 (Adj. Sess.) Subsec. (c): Rewrote subdiv. (1), inserted "or ownership" following "change in use" and substituted "$125.00" for "$25.00" in subdiv. (2), substituted "$30.00" for "$10.00" in subdiv. (3), and added subdiv. (4).

Amendments--2007 (Adj. Sess.). Subsec. (j): Added.

Amendments--2005 Subdiv. (c)(1): Substituted "$4.50" for "$3.75" in subdiv. (A) and "$5.50" for "$4.50" in subdiv. (B).

Amendments--2003 (Adj. Sess.). Subsec. (d): Act No. 122 deleted the former third and fourth sentences.

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

Effective date of amendment to subsec. (d). 2003, No. 122 (Adj. Sess.), § 298(g) provides that Sec. 294aa of that act, which amended subsec. (d) of this section, shall take effect on April 1, 2005.

Effective date and applicability of amendments. 2019, No. 178 (Adj. Sess.), § 38(3) provides: "Secs. 33-37 (State energy goals; education modules) shall take effect on July 1, 2021, except that all existing licensed, certified, or authorized professionals to whom these provisions apply shall be required to obtain the education module for initial licensure as a condition of their upcoming renewal and shall thereafter be required to obtain the education module for renewal at the subsequent renewal cycle."

§ 2732. Historic Variance Appeals Board; variances, exemptions.

  1. The Historic Variance Appeals Board is created. The Board shall consist of the following three members: the Commissioner of Public Safety or designee, who shall be chair; the State Historic Preservation Officer or designee; and a representative of the Vermont historic preservation community appointed by the Governor. A Board member who is not a State employee shall be entitled to compensation and expenses as provided by 32 V.S.A. § 1010 .
  2. The Board shall hear and determine all requests for variances or exemptions from the rules adopted by the Commissioner under this subchapter for historic buildings and structures. A request for a variance or exemption may be granted where an applicant has demonstrated that strict compliance would entail practical difficulty, or unnecessary hardship, or would damage or destroy the historic architectural integrity of the historic building or structure, or is otherwise found unwarranted, provided that:
    1. any such variance or exemption secures the public safety and health;
    2. any petitioner for such a variance or exemption can demonstrate that the methods, means, or practices proposed to be taken in lieu of compliance with the rule or rules provide, in the opinion of the Board, equal protection of the public safety and health as provided by rule or rules;
    3. the rule or rules from which the variance or exemption is sought have not also been adopted as a rule or standard under 21 V.S.A. chapter 3, subchapters 4 and 5; and
    4. any such variance or exemption does not violate any of the provisions of 26 V.S.A. chapters 3 and 20 or any rules adopted pursuant to those chapters.
  3. The Board may permit a person seeking a variance or exemption to phase in compliance with the rules adopted under this subchapter in lieu of or in addition to granting the variance or exemption requested. The period of phased in compliance shall be reasonable but shall state a date by which compliance shall be achieved.
  4. Any person seeking a variance or exemption for work involving an historic building shall file a written request with the Commissioner. The request shall describe the rule or rules from which the variance or exemption is sought, the reasons why a variance or exemption is sought, and a description as to how any alternative means of protecting the public safety and health is to be provided. The Board shall meet and consider such requests within 15 working days of the request being filed with the Commissioner. In deciding whether to grant or deny the request, the Board shall take testimony or receive information from the applicant or his or her representatives, and from Division of Fire Safety staff. A decision of the Board based on a majority vote of those members present shall be binding. The Board shall issue a written determination granting or denying, in whole or in part, any variance or exemption request, or permission to phase in compliance, within 60 days of hearing the request. If a grant is conditional, the condition shall be clearly stated in writing. Failure to act on a request within 60 days shall be deemed approval of the request, provided that the public safety and health is not imminently threatened.
  5. The Board may adopt, amend, or repeal procedural rules to carry out the provisions of this section.
  6. The Board is attached to the Department of Public Safety for administrative purposes.
  7. The Board shall be subject to the requirements of 1 V.S.A. chapter 5, subchapters 2 and 3.

    Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2021, No. 20 , § 170.

History

Amendments--2021. Section amended generally.

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

§ 2733. Orders to repair, rehabilitate, or remove structure.

  1. Whenever the commissioner finds that premises or any part of them does not meet the standards adopted under this subchapter, the commissioner may order it repaired or rehabilitated. If it is not repaired or rehabilitated within a reasonable time as specified by the commissioner in his or her order, the commissioner may order the premises or part of them closed, if by doing so the public safety will not be imperiled; otherwise he or she shall order demolition and removal of the structure, or fencing of the premises. Whenever a violation of the rules is deemed to be imminently hazardous to persons or property, the commissioner shall order the violation corrected immediately. If the violation is not corrected, the commissioner may then order the premises or part of them immediately closed and to remain closed until the violation is corrected.
  2. Whenever a structure, by reason of age, neglect, want of repair, action of the elements, destruction, either partial or total by fire or other casualty or other cause, is so dilapidated, ruinous, decayed, filthy, unstable, or dangerous as to constitute a material menace or damage in any way to adjacent property, or to the public, and has so remained for a period of not less than one week, the commissioner may order such structure demolished and removed.
  3. Orders issued under this section shall be served by certified mail with return receipt requested or in the discretion of the commissioner, shall be served in the same manner as summonses are served under the Vermont Rules of Civil Procedure promulgated by the supreme court, to all persons who have a recorded interest in the property recorded in the place where land records for the property are recorded, including owners, tenants, mortgagees, attaching creditors, lien holders, and public utilities or water companies serving the premises.

    Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

§ 2734. Penalties.

  1. A person who violates any provision of this subchapter or any order or rule issued pursuant to this subchapter shall be fined not more than $10,000.00. The State's Attorney of the county in which the violation occurs shall prosecute the violation and may commence a proceeding in the Superior Court to compel compliance with the order or rule, and the court may make orders and decrees in relation to the proceeding by way of writ of injunction or otherwise.
  2. A person who fails to comply with a lawful order issued under authority of this subchapter in case of sudden emergency shall be fined not more than $20,000.00. A person who fails to comply with an order requiring notice shall be fined $200.00 for each day's neglect commencing with the effective date of the order or the date the order is finally determined if an appeal has been filed.
  3. The Commissioner may, after notice and opportunity for hearing, assess an administrative penalty of not more than $1,000.00 for each violation of this subchapter or any rule adopted under this subchapter. Penalties assessed pursuant to this subsection shall be based on the severity of the violation. An election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner's authority under subsection (a) of this section.
  4. Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damage or injury that is the result of the violation.

    Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2021, No. 20 , § 171.

History

Amendments--2021. Subsec. (a): Substituted "to this subchapter" for "thereto" in the first sentence; and substituted "the" for "such" three times and "in relation to the proceeding" for "therein" in the second sentence.

Subsec. (b): Substituted "the order" for "such order" twice in the second sentence.

Subsec. (d): Substituted "that" for "which".

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

§ 2735. State buildings.

The Commissioner shall establish a risk classification system for all State buildings. State buildings classified as high or medium risk shall be inspected at least every five years.

Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2011, No. 139 (Adj. Sess.), § 17, eff. May 14, 2012.

History

Amendments--2011 (Adj. Sess.). Deleted ", and the commissioner's findings and recommendations shall be reported to the secretary of administration" from the end of the second sentence.

Amendments--2003 (Adj. Sess.). Act No. 122, § 294bb deleted "biennially cause an examination to be made of all state buildings and shall report findings and recommendations to the secretary of administration on or before July 1 of odd-numbered years" following "The commissioner shall".

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

Effective date of 2004 amendment. 2003, No. 122 (Adj. Sess.), § 298(g) provides that Sec. 294bb of that act, which amended this section, shall take effect April 1, 2005.

§ 2736. Municipal enforcement.

  1. The legislative body of a municipality may appoint one or more trained and qualified officials and may establish procedures to enforce rules and standards adopted under subsection 2731(a) of this title. After considering the type of buildings within the municipality, if the commissioner determines that the training, qualifications and procedures are sufficient, he or she may assign responsibility to the municipality for enforcement of some or all of these rules and standards. The commissioner may also assign responsibility for enforcement of the rules of the access board adopted under section 2902 of this title. The commissioner shall provide continuing review, consultation, and assistance as may be necessary. The assignment of responsibility may be revoked by the commissioner after notice and an opportunity for hearing if the commissioner determines that the training, qualifications, or procedures are insufficient. The assignment of responsibility shall not affect the commissioner's authority under this subchapter.
  2. If a municipality assumes responsibility under subsection (a) of this section for performing any functions that would be subject to a fee established under subsection 2731(a) of this title, the municipality may establish and collect reasonable fees for its own use, and no fee shall be charged for the benefit of the state.
  3. Subject to rules adopted under section 2731 of this title, municipal officials appointed under this section may enter any premises in order to carry out the responsibilities of this section. The officials may order the repair, rehabilitation, closing, demolition, or removal of any premises to the same extent as the commissioner may under section 2732 of this title.
  4. Upon a determination by the commissioner that a municipality has established sufficient procedures for granting variances and exemptions, such variances and exemptions may be granted to the same extent authorized under subsection 2731(b) of this title.
  5. The results of all activities conducted by municipal officials under this section shall be reported to the commissioner periodically upon request.
  6. Nothing in this section shall be interpreted to decrease the authority of municipal officials under other laws, including laws concerning building codes and laws concerning housing codes.

    Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

§ 2737. Building permits.

Each municipality shall provide to the commissioner upon request information regarding building permits issued by the municipality.

Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

§ 2738. Fire prevention and building inspection special fund.

  1. The fire prevention and building inspection special fund revenues shall be from the following sources:
    1. fees relating to construction and inspection of public building and fire prevention inspections under section 2731 of this title;
    2. fees relating to boilers and pressure vessels under section 2883 of this title;
    3. fees relating to electrical installations and inspections and the licensing of electricians under 26 V.S.A. §§ 891-915 ;
    4. fees relating to cigarette certification under section 2757 of this title; and
    5. fees relating to plumbing installations and inspections and the licensing of plumbers under 26 V.S.A. §§ 2171-2199 .
  2. Fees collected under subsection (a) of this section shall be available to the department of public safety to offset the costs of the division of fire safety.
  3. The commissioner of finance and management may anticipate receipts to this fund and issue warrants based thereon.

    Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2005, No. 6 , § 85, eff. March 26, 2005; 2009, No. 134 (Adj. Sess.), § 2.

History

2008. In subdiv. (a)(2), substituted "section 2883 of this title" for "section 243 of Title 21" in accordance with the addition of the former by 2003, No. 141 (Adj. Sess.), § 4a and the repeal of the later by 2003, No. 141 (Adj. Sess.), § 12.

Amendments--2009 (Adj. Sess.) Section heading: Substituted "prevention and building inspection" for "safety".

Subsec. (a): Substituted "prevention and building inspection" for "safety" in the introductory paragraph, inserted "and the licensing of electricians" following "inspections" and substituted "under 26 V.S.A. §§ 891-915" for "under sections 891-915 of Title 26" in subdiv. (3), and added subdivs. (4) and (5).

Subsec. (b): Inserted "division of" preceding "fire safety" and deleted "program" thereafter.

Amendments--2005. Added new subsec. (b) and designated former subsec. (b) as present subsec. (c).

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacted this section, shall take effect April 1, 2005.

§ 2739. Repealed. 2009, No. 134 (Adj. Sess.), § 9(b).

History

Former § 2739. Former § 2739, relating to inspection and licensing special fund, was derived from 2005, No. 8 , § 2.

ARTICLE 2. Smoking

History

Revision note. In the article heading, deleted "Slash Removal" preceding "Smoking" to conform the heading to the present subject matter of the provisions in the article.

§ 2751. Repealed. 1977, No. 253 (Adj. Sess.), § 7.

History

Former § 2751. Former § 2751, relating to slash removal, was derived from 1957, No. 272 , §§ 1, 2; V.S. 1947, §§ 5001-5003; 1945, No. 84 , § 1; 1941, No. 82 , §§ 1, 2; and amended by 1971, No. 140 (Adj. Sess.).

The subject matter of the former section is now covered by § 2648 of Title 10.

§ 2752. Smoking.

  1. A person who smokes a pipe, cigar or cigarette in a mill, factory, barn, stable or other outbuilding belonging to or occupied by another person, or in a public building in which a notice containing this section, prohibiting such smoking, signed by the owner, agent, occupant or custodian of the same is posted conspicuously near the main entrance thereof, shall be fined not more than $5.00.
  2. All prosecutions under this section shall be commenced within thirty days from the date of the offense.

History

Source. V.S. 1947, §§ 8428, 8429. P.L. §§ 8563, 8564. 1931, No. 167 . G.L. §§ 6975, 6976. P.S. §§ 5515, 5516. V.S. §§ 4705, 4706. 1892, No. 89 , §§ 1, 2.

Cross References

Cross references. Smoking in workplace, see 18 V.S.A. chapter 28, subchapter 2.

Subchapter 2A. Fire Safety and Cigarettes

History

Construction; effective date. 2005, No. 68 , § 3, provides: "(a) Nothing in this act [which enacted this subchapter and amended section 1009 of Title 7], shall be construed to prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of 20 V.S.A. § 2757(b) if the cigarettes are stamped for sale in another state or are to be sold outside the United States.

"(b) This act shall be deemed repealed if federal fire safety standards for cigarettes that preempt this act are enacted and take effect subsequent to the effective date of this act, and the commissioner of public safety so notifies the secretary of state.

"(c) This act shall take effect May 1, 2006. However, the requirement that cigarettes sold in Vermont must be in compliance with Sec. 1 of this act shall not prohibit wholesale or retail dealers from selling existing cigarette inventories on or after May 1, 2006, provided the wholesale dealer or retailer can establish both of the following:

"(1) The Vermont tax stamps were affixed to the cigarettes pursuant to 32 V.S.A. § 7774 prior to May 1, 2006.

"(2) The inventory was purchased prior to May 1, 2006, and the purchased inventory is comparable to the amount of inventory purchased during the same period the previous year."

§ 2756. Purpose.

It is the intent of this subchapter to require that only reduced ignition propensity cigarettes be sold in Vermont. Although these cigarettes are not guaranteed to self-extinguish, they are expected to reduce fires and related personal injury and property damage caused by cigarette smoking.

Added 2005, No. 68 , § 1, eff. May 1, 2006; amended 2021, No. 20 , § 172.

History

Amendments--2021. Substituted "subchapter" for "act" in the first sentence.

§ 2757. Cigarettes; reduced ignition propensity.

  1. As used in this section:
    1. "Cigarette" means any product that contains any amount of nicotine, irrespective of size, shape, or presence of other ingredients, and is intended to be burned or heated under ordinary conditions of use and consists of or contains any roll of tobacco wrapped in paper or in any other substance, other than tobacco, and because of its appearance, the type of tobacco used, and its packaging or labeling is offered to or purchased by consumers as a cigarette.
    2. "Manufacturer" means any person or a successor that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced, whether in-State or out-of-state, and intends to sell the cigarettes in Vermont directly or through an importer, including any first purchaser that intends to resell cigarettes.
    3. "Quality control and quality assurance program" means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and to ensure that the testing repeatability remains within the required repeatability value for any test trial used to certify cigarettes under this section.
    4. "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
    5. "Retail dealer" means any person other than a wholesale dealer engaged in the sale of cigarettes or tobacco products.
    6. "Sale" or "selling" means any transfer of title or possession, exchange or barter, conditional or otherwise, and includes the giving of cigarettes as samples, prizes, or gifts and the exchange of cigarettes for any consideration.
    7. "Stamping agent" means any stamping agent pursuant to 33 V.S.A. § 1916 .
    8. "Wholesale dealer" means any person that sells cigarettes or tobacco products to retail dealers or other persons for resale, and includes the dealer's agent.
  2. No cigarettes may be manufactured in this State or sold or offered for sale to any person in this State unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this subsection, and the manufacturer has filed a written certification with the Commissioner in accordance with subsection (c) of this section. The performance standard for cigarettes sold or offered for sale in Vermont includes all the following:
    1. Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04 "Standard Test Method for Measuring the Ignition Strength of Cigarettes." The Commissioner may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard of this subsection.
    2. Testing of cigarettes shall be conducted on ten layers of filter paper.
    3. No more than 25 percent of the cigarettes tested in a test trial shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested.
    4. The performance standard required by this subsection shall only be applied to a complete test trial.
    5. Laboratories that conduct tests in accordance with this subsection (b) shall implement a quality control and quality assurance program that includes a procedure to determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.
    6. Each cigarette listed in a certification that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard in this subsection shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands located at least 15 millimeters from the lighting end and ten millimeters from the filter end of the tobacco column. In the case of an unfiltered cigarette, the two complete bands shall be located at least 15 millimeters from the lighting end and ten millimeters from the labeled end of the tobacco column.
    7. The manufacturer of a cigarette that the Commissioner determines cannot be tested in accordance with the test method required by this subsection shall propose to the Commissioner a test method and performance standard for that cigarette. The Commissioner may approve a test method and performance standard that the Commissioner determines is equivalent to the requirement of this subsection, and the manufacturer may use that test method and performance standard for certification pursuant to subsection (c) of this section.
    8. A manufacturer shall retain all data from testing conducted under this section for a period of three years. The manufacturer shall provide that data to the Commissioner and the Attorney General upon request in order to ensure compliance with the performance standard required by this subsection.
  3. Each manufacturer shall submit to the Commissioner written certification attesting that each cigarette has been tested in accordance with and has met the performance standard required under subsection (b) of this section. The description of each cigarette listed in the certification shall include the brand; style; length in millimeters; circumference in millimeters; flavor, if applicable; filter or nonfilter; package description, such as a soft pack or box; and the mark approved pursuant to subsection (d) of this section. Upon request, this certification shall be made available to the Attorney General and Department of Liquor and Lottery. Each cigarette certified under this subsection shall be recertified every three years. For the certification or recertification of each brand style, the fee shall be $1,000.00. The fees shall be paid into the Fire Prevention and Building Inspection Special Fund established in section 2738 of this title.
  4. Cigarettes that have been certified pursuant to subsection (c) of this section shall be marked pursuant to the following requirements:
    1. The marking shall be in a font of at least eight-point type and shall include one of the following:
      1. Modification of the product UPC Code to include a visible mark printed at or around the area of the UPC Code. The mark may consist of one or more alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC Code.
      2. Any visible combination of alphanumeric or symbolic characters permanently printed, stamped, engraved, or embossed on the cigarette package or the cellophane wrap.
      3. Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this section.
    2. A manufacturer shall request approval of a proposed marking from the Commissioner. Any marking approved and in use for the sale of cigarettes in the State of New York shall be approved unless the Commissioner determines that the New York Fire Safety Standards for Cigarettes have changed significantly since those standards were effective on June 28, 2004. A marking shall be deemed approved if the Commissioner fails to act within 10 business days of receiving a request for approval. A manufacturer shall not use a modified marking unless the modification has been approved in accordance with this subdivision. A manufacturer shall use only one marking on all brands that the manufacturer markets. A marking or modified marking approved by the Commissioner shall be applied uniformly on all brands marketed and on all packages, including packs, cartons, and cases marketed by that manufacturer.
  5. A manufacturer shall provide a copy of certifications to all wholesale dealers and stamping agents to which the manufacturer sells cigarettes and shall provide sufficient copies of an illustration of the packaging marking approved and used by the manufacturer pursuant to subsection (d) of this section for each of the retail dealers that purchases cigarettes from any of those wholesale dealers and stamping agents. Wholesale dealers and stamping agents shall provide a copy of the illustration to all retail dealers to which they sell cigarettes. Wholesale dealers, stamping agents, and retail dealers shall permit the Commissioner of Public Safety or the Commissioner of Liquor and Lottery or their designees to inspect markings on cigarette packaging at any time.
  6. The Commissioner:
    1. may adopt rules necessary to implement and administer this section;
    2. in consultation with the Commissioner of Liquor and Lottery, may adopt rules regarding the conduct of random inspections of wholesale dealers, importers, retail dealers, and stamping agents to ensure compliance with this section; and
    3. shall ensure that the implementation and substance of this section is in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes.
  7. The following civil penalties may be assessed:
    1. Against a manufacturer, wholesale dealer, unlicensed retailer, or any other person that knowingly sells cigarettes, except by licensed retail sales, in violation of subsection (b) of this section a civil penalty not to exceed $10,000.00 for each sale.
    2. Against a manufacturer that knowingly makes a false certification pursuant to subsection (c) of this section a civil penalty not to exceed $10,000.00 for each false certification.
    3. Against a licensed retail dealer that knowingly sells or offers for sale cigarettes in violation of subsection (b) of this section a civil penalty not to exceed $500.00 for each sale or offer of sale of 1,000 cigarettes or fewer.
    4. Against a licensed retail dealer that knowingly sells or offers for sale cigarettes in violation of subsection (b) of this section a civil penalty not to exceed $1,000.00 for each sale or offer of sale of more than 1,000 cigarettes.
    5. Against any other person that violates any provision of this section a civil penalty not to exceed $1,000.00 for each violation. Any cigarettes sold or offered for sale that do not comply with the safety standard required by subsection (b) of this section shall be deemed to be contraband and subject to the provisions of 7 V.S.A. § 1009 .
  8. In addition to any other remedy provided by law, the Attorney General may file an action in Superior Court for a violation of this section, including petitioning for injunctive relief, recovery of costs or damages suffered by the State as the result of a violation of this section, including enforcement costs relating to the specific violation and attorney's fees. In any such action, the Attorney General shall have the same authority to investigate and obtain remedies, except civil penalties under subsection (g) of this section, as if the action were brought pursuant to the Consumer Protection Act, 9 V.S.A. chapter 63. Each violation of this section or of any rule adopted under this section shall constitute a separate civil violation for which the Attorney General may obtain relief.

    Added 2005, No. 68 , § 1, eff. May 1, 2006; amended 2009, No. 134 (Adj. Sess.), § 3; 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012; 2019, No. 73 , § 33.

History

2013. In subsec. (a), substituted "As used in" for "For the purposes of" to conform to V.S.A. style.

Amendments--2019. Subdiv. (a)(8): Deleted "any person that owns, operates, or maintains one or more cigarette or tobacco product vending machines wherever located. 'Wholesale dealer' also includes" in the first and second sentences.

Subsec. (c): Substituted "Department of Liquor and Lottery" for "Department of Liquor Control" in the third sentence.

Subsec. (e): Substituted "Department of Liquor and Lottery" for "Department of Liquor Control" in the third sentence.

Subsec. (f): Substituted "Department of Liquor and Lottery" for "Department of Liquor Control" in subdiv. (2) and substituted "ensure" for "assure" in subdiv. (3).

Amendments--2011 (Adj. Sess.). Subsec. (h): Substituted "Consumer Protection" for "consumer fraud" preceding "act".

Amendments--2009 (Adj. Sess.) Subsec. (c): Added the last two sentences.

Cigarette certification fee; statement of legislative intent. 2009, No. 134 (Adj. Sess.), § 36 provides: "It is the intent of the General Assembly that the fees collected under 20 V.S.A. § 2757 in excess of the amount needed by the department of public safety to administer the fire prevention and building inspection special fund be paid into the tobacco trust fund established in 18 V.S.A. § 9502 for the purpose of smoking prevention and cessation. This statement of intent shall be placed in the annotations to 20 V.S.A. § 2757 in the Vermont Statutes Annotated."

Statutory revisions. 2011, No. 109 (Adj. Sess.), § 3(a) provides: "The legislative council, under its statutory revision authority pursuant to 2 V.S.A. § 424, is directed to delete the term 'consumer fraud' and to insert in lieu thereof the term 'consumer protection' wherever it appears in each of the following sections: 7 V.S.A. § 1010; 8 V.S.A. §§ 2706, 2709, and 2764; 9 V.S.A. § 2471; 18 V.S.A. §§ 1511, 1512, 4086, 4631, 4633, 4634, and 9473; 20 V.S.A. § 2757; and 33 V.S.A. §§ 1923 and 2010; and in any other sections as appropriate."

2011, No. 136 (Adj. Sess.), § 1b(a) provides: "The legislative council, under its statutory revision authority pursuant to 2 V.S.A. § 424, is directed to delete the term 'consumer fraud' and to insert in lieu thereof the term 'consumer protection' wherever it appears in each of the following sections: 7 V.S.A. § 1010; 8 V.S.A. §§ 2706, 2709, and 2764; 9 V.S.A. § 2471; 18 V.S.A. §§ 1511, 1512, 4086, 4631, 4633, 4634, and 9473; 20 V.S.A. § 2757; and 33 V.S.A. §§ 1923 and 2010; and in any other sections as appropriate."

Subchapter 3. Fire Hazards and Dangerous Substances

§§ 2791-2798. Repealed. 1971, No. 205 (Adj. Sess.), § 7.

History

Former §§ 2791-2798. Former § 2791, relating to issuance of orders by the fire marshal or deputy fire marshal for the repair of buildings or the remedying of hazardous conditions and promulgation of rules and regulations, was derived from 1951, No. 222 ; V.S. 1947, § 10,358; 1947, No. 202 , § 7609; 1945, No. 177 , § 2; 1943, No. 149 ; P.L. § 8176; 1933, No. 157 , § 7795; 1927, No. 94 , § 1; 1921, No. 155 , § 1; and 1919, No. 147 , § 13.

Former § 2792, relating to the notice requirements for and the contents of orders issued by the fire marshal or his deputy fire marshal, was derived from V.S. 1947, § 10,360; 1945, No. 177 , § 2; 1943, No. 149 ; P.L. § 8176; 1933, No. 157 , § 7795; 1927, No. 94 , § 1; 1921, No. 155 , § 1; and 1919, No. 147 , § 13.

Former § 2793, relating to penalties for noncompliance with orders of the fire marshal or deputy fire marshal generally, was derived from V.S. 1947, § 10,360; 1945, No. 177 , § 2; 1943, No. 149 ; P.L. § 8176; 1933, No. 157 , § 7795; 1927, No. 94 , § 1; 1921, No. 155 , § 1; 1919, No. 147 , § 13; and amended by 1963, No. 28 .

Former § 2794, relating to issuance of orders by the fire marshal or deputy fire marshal for the repair, rehabilitation, destruction or removal of buildings or structures, was derived from V.S. 1947, § 10,361; 1947, No. 202 , § 7612; P.L. § 8177; 1927, No. 94 , § 1; 1921, No. 155 , § 1; and 1919, No. 147 , § 13.

Former § 2795, relating to penalties for noncompliance with orders for the repair, rehabilitation or destruction of buildings or structures, was derived from V.S. 1947, § 10,364; P.L. § 8180; 1927, No. 94 , § 3; and 1921, No. 155 , § 2.

Former § 2796, relating to appeals from orders of the fire marshal or deputy fire marshal for the repair, rehabilitation or destruction of buildings or structures, was derived from V.S. 1947, § 10,363; P.L. § 8179; 1927, No. 94 , § 2; and 1921, No. 155 , § 2.

Former § 2797, relating to investigation of fire hazards by municipal officers and submissions of reports to the fire marshal or deputy fire marshal, was derived from V.S. 1947, § 10,359; 1945, No. 177 , § 2; 1943, No. 149 ; P.L. § 8176; 1933, No. 157 , § 7795; 1927, No. 177 , § 1; 1921, No. 155 , § 1; and 1919, No. 147 , § 13.

Former § 2798, relating to adoption of municipal ordinances relating to fire hazards, was derived from 1949, No. 189 , § 9; V.S. 1947, § 10,362; P.L. § 8178; 1927, No. 94 , § 1; 1921, No. 155 , § 1; and 1919, No. 147 , § 13.

Effective date of amendment. 1971, No. 205 (Adj. Sess.), § 8(e), provided: "This act shall take full effect July 1, 1973 or at an earlier date which the governor may set by executive order, which shall be not sooner than April 1, 1973."

Annotations From Former § 2791

1. Remedying of conditions at town dump.

Where the fire marshal found combustible or explosive materials or conditions at a town dump, creating a fire hazard dangerous to life or safety, he could make reasonable orders for the remedying of same, even to extent of ordering material removed or forbidding persons from continuing to dump them on the premises if, in the exercise of his sound discretion, such action was necessary to eliminate the fire hazard. 1948-50 Op. Atty. Gen. 190.

Annotations From Former § 2794

1. Generally.

Except as provided by this section, the so-called attractive nuisance doctrine is not recognized in Vermont. Trudo v. Lazarus, 116 Vt. 221, 73 A.2d 306 (1950).

2. Procedure .

In those cases where the department of social welfare had filed a lien for old age assistance furnished to the owner of a building, the department owned an interest in the building and was entitled to notice of the hearing. 1952-54 Op. Atty. Gen. 293.

The rule applicable in cases of sudden emergency requiring destruction of a building, whereby the ordinary requirements of the law as to notice could be dispensed with under the police power because of the urgency of the occasion, was inapplicable to a proceeding under the section, which by its express terms referred only to a building or structure which had been in a condition sought to be remedied for at least one month. Nichols Electric Co. v. Fienberg, 101 Vt. 99, 141 A. 679 (1928).

Where a fire marshal had ordered the destruction of a building, and notice of a proposed hearing in relation thereto had been given to the treasurer of the corporate lessee in possession of the building just before the hearing was held, such notice was not reasonable. Nichols Electric Co. v. Fienberg, 101 Vt. 99, 141 A. 679 (1928).

Where an order of a fire marshal for the destruction of a building was not served on the corporate tenant in possession, and notice was not waived by it, the lessee was entitled to enjoin removal of the building under such order. Nichols Electric Co. v. Fienberg, 101 Vt. 99, 141 A. 679 (1928).

*3. Hearing.

The section contemplated a hearing, at which it was to be determined if the building or structure was in such condition as to constitute an attractive nuisance to children, and until such determination and an order were made, no duty was imposed. Trudo v. Lazarus, 116 Vt. 221, 73 A.2d 306 (1950).

Subchapter 3A. Fire Hazards and Dangerous Substances

History

2003 (Adj. Sess.). Sections 2700-2802 were redesignated as Subchapter 3A in order to differentiate these sections from the former Subchapter 3 of chapter 172.

§ 2799. Definitions.

As used in this subchapter:

  1. "Explosive material" includes "explosives," "explosive material," "blasting agents," and "detonators," as defined in 18 U.S.C. § 841, as amended, and regulations promulgated pursuant to that section.
  2. "Flammable material" means, in addition to its ordinary meaning, motion picture film.
  3. "Hazardous material" means any substance having such properties that it may spontaneously or acting under the influence of any thing contiguous or of any chemical or physical agency ignite or generate flammable or explosive vapors or gases to a dangerous extent.
  4. "Petroleum product" includes liquid petroleum gas, explosive flammable gases, and flammable fluids, compounds, or tablets, derived in whole or in part from petroleum.

    Added 2003, No. 141 (Adj. Sess.), § 4, eff. April 1, 2005; amended 2021, No. 20 , § 173.

History

Amendments--2021. Subdiv. (1): Deleted "at any time" following "amended"; and substituted "pursuant to that section" for "thereunder".

Subdiv. (4): Deleted "without limitation" following "includes".

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this code section, shall take effect April 1, 2005.

§ 2800. Rules and standards.

The commissioner may adopt rules and standards for explosion prevention, fire prevention, and public safety with respect to the safekeeping, storage, use, manufacturing, sale, handling, transportation, and other disposition of explosive materials, flammable materials, hazardous materials, petroleum, and petroleum products. The commissioner may prescribe the location, materials, and construction of buildings and other facilities to be used for these purposes.

Added 2003, No. 141 (Adj. Sess.), § 4, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacts this code section, shall take effect April 1, 2005.

§ 2801. Seizure of materials.

Without warrant, the commissioner, a member of the state police, a sheriff, a deputy sheriff, a police officer, or a constable may seize materials held by a person in violation of rules adopted under this subchapter and hold the same subject to the order of the court taking jurisdiction of the offense.

Added 2003, No. 141 (Adj. Sess.), § 4, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacts this code section, shall take effect April 1, 2005.

§ 2802. Orders.

After an inspection, the commissioner may issue an appropriate order to remove or abate a condition dangerous to persons or property involving explosive materials, flammable materials, or hazardous materials. This order shall be served on the owner or occupant of the premises on which the condition exists.

Added 2003, No. 141 (Adj. Sess.), § 4, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that this act, which enacts this code section, shall take effect April 1, 2005.

Subchapter 4. Investigation of Fires

ARTICLE 1. General Provisions

Cross References

Cross references. Powers and duties of fire marshal and deputies generally, see chapter 173 of this title.

Procedure for conduct of investigation by fire marshal, see chapter 173, subchapter 4, article 2 of this title.

§ 2831. Investigations.

  1. The fire marshal and his or her assistants are authorized to investigate the cause, origin and circumstances of every fire within the state which causes injury to any person or which causes damage or loss of property in excess of $200.00.  The fire marshal and his or her assistants shall make a special investigation of any fire of suspicious origin.  In any investigation carried out by the fire marshal, he or she shall cooperate with the local fire department.
  2. The chief of a volunteer or paid fire department or his or her designee and, in towns lacking a fire department, the first selectman, shall investigate the cause, origin and circumstances of every fire occurring in his jurisdiction which causes injury to any person or which causes damage or loss of property in excess of  $200.00.  He or she may make a special investigation as to whether a fire was the result of carelessness or accident and shall make a special investigation of any fire of suspicious origin.

    Amended 1973, No. 137 (Adj. Sess.), § 3.

History

Source. 1951, No. 221 , § 1. 1949, No. 189 , § 7. V.S. 1947, § 10,344. P.L. § 8162. 1919, No. 147 , § 3.

Amendments--1973 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Penalty for neglect of duties by officers, see § 2689 of this title.

Reports to fire marshal relating to investigations, see § 2833 of this title.

§ 2832. Time of investigation; supervision and direction.

An investigation pursuant to section 2831 of this subchapter shall be begun within five days after the occurrence of the fire or as soon thereafter as it appears that there is cause for an investigation. The Fire Marshal or the Deputy Fire Marshal shall have the right to supervise and direct the investigation whenever he or she deems it necessary or expedient.

Amended 2021, No. 20 , § 174.

History

Source. V.S. 1947, § 10,345. P.L. § 8163. 1919, No. 147 , § 4.

Amendments--2021. Section amended generally.

§ 2833. Reports to Fire Marshal.

  1. The chief of a volunteer or paid fire department or, if there is no fire department, the first selectperson of a town, shall within five days of the occurrence of a fire within his or her jurisdiction that causes serious injury to any person or loss or damage to property that exceeds $200.00 forward a report of the fire to the State Fire Marshal on forms provided by the Fire Marshal. If the reporting officer has reason to believe that a fire is of suspicious origin, he or she shall report that fact to the State Fire Marshal immediately. No fee shall be paid or allowed any officer for rendering the report required by this subsection.
  2. An officer referred to in subsection (a) of this section who intentionally neglects to comply with any of the requirements of this subchapter shall be fined not more than $100.00.

    Amended 1973, No. 137 (Adj. Sess.), § 4; 2021, No. 20 , § 175.

History

Source. 1951, No. 221 , § 2. V.S. 1947, § 10,347. P.L. § 8165. 1919, No. 147 , § 5.

Amendments--2021. Subsec. (a): Amended generally.

Subsec. (b): Substituted "intentionally" for "wilfully".

Amendments--1973 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Investigation of fires generally, see § 2831 of this title.

Penalties generally, see § 2689 of this title.

§ 2834. Repealed. 1973, No. 137 (Adj. Sess.), § 5.

History

Former § 2834. Former § 2834, relating to fees for reports of investigations of fires, was derived from 1951, No. 211 , § 3; V.S. 1947, § 10,349; P.L. § 8167; and 1919, No. 147 , § 21.

§ 2835. Superior judge.

If a selectperson of a town or a mayor of a city is informed that a building, pile of wood, lumber, or bark, or any other property in the municipality, has been intentionally and maliciously set on fire or burned, a majority of the selectboard, or the mayor, may apply to a Superior judge, who shall inquire into the cause of the fire and the manner in which it was set and the property burned.

Amended 1965, No. 194 , § 10, eff. Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 73, eff. April 9, 1974; 2021, No. 20 , § 176.

History

Source. V.S. 1947, § 7479. P.L. § 8147. G.L. § 6614. 1910, No. 221 . 1908, No. 62 . P.S. §§ 5526, 5527. V.S. §§ 4716, 4717. R.L. §§ 3937, 3938. 1878, No. 47 , § 1. G.S. 96, § 4. 1856, No. 53 , § 4. 1855, No. 38 , § 4. R.S. 84, § 7. R. 1797, p. 390.

Amendments--2021. Substituted "Superior" for "District" in the section heading; and "municipality" for "town", "intentionally" for "wilfully", "selectboard” for "selectmen” and "Superior" for "district" preceding "judge" in the text of the section.

Amendments--1973 (Adj. Sess.). Section amended generally.

Amendments--1965. Substituted "district" for "municipal" preceding "judge".

§ 2836. Inquiry and return.

Such magistrate shall make such inquiry and return as is provided in the case of inquest on the dead and the expenses thereof and the fees shall be paid in the same manner.

History

Source. V.S. 1947, § 7480. P.L. § 8148. G.L. § 6615. 1910, No. 221 . P.S. §§ 5527, 5528. V.S. §§ 4717, 4718. R.L. §§ 3938, 3939. 1878, No. 47 , §§ 1-5.

Cross References

Cross references. Conduct of inquests as to criminal matters generally, see 13 V.S.A. chapter 161, subchapter 2.

ARTICLE 2. Investigation by Fire Marshal

Cross References

Cross references. Powers and duties as to investigation of fires generally, see § 2831 of this title.

§ 2861. Generally.

When it may seem to be for the public good, the Fire Marshal shall personally visit and investigate any fire in accordance with the provisions of this chapter and shall be repaid for any related expenses out of the funds appropriated to the Division of Fire Safety.

Amended 2021, No. 20 , § 177.

History

Source. V.S. 1947, § 10,348. P.L. § 8166. 1933, No. 157 , § 7785. 1919, No. 147 , § 5.

Reference in text. Section 2687 of this title, to which reference is made in this section, was repealed by 1961, No. 189 .

Amendments--2021. Deleted "he" preceding "shall"; substituted "for any related expenses" for "all expenses incident thereto"; and substituted "appropriated to the Division of Fire Safety" for "provided for in section 2687 of this title".

§ 2862. Assistance of state's attorney in investigation.

Upon request of the fire marshal or the deputy fire marshal, a state's attorney shall assist such officers in an investigation of a fire which in their opinion is of suspicious origin.

History

Source. V.S. 1947, § 10,352. P.L. § 8170. 1919, No. 147 , § 8.

§ 2863. Entry on premises.

The fire marshal and his assistants, upon complaint duly made, shall have authority to enter, at all reasonable hours, into and upon all buildings and premises within their jurisdiction for the purposes of examination in the performance of their duties.

History

Source. 1949, No. 189 , § 8. V.S. 1947, § 10,357. P.L. § 8175. 1919, No. 147 , § 12.

§ 2864. Attendance of witnesses; production of documents.

The Fire Marshal and the Deputy Fire Marshal, or either of them, may summon and compel the attendance of witnesses to testify relative to any matter that is subject to an inquiry or investigation pursuant to the provisions of this chapter and may require the production of any book, paper, or document that they deem pertinent to the inquiry or investigation. Witnesses shall be subpoenaed in the same manner as witnesses in the Criminal Division of the Superior Court and a person shall not be excused from appearing before the Fire Marshal or Deputy Fire Marshal when summoned to appear. A witness shall receive the same compensation as is paid in the Criminal Division of the Superior Court, which shall be paid out of the Fire Prevention and Building Inspection Special Fund upon vouchers signed by the Fire Marshal or Deputy Fire Marshal before whom the witnesses appeared. At the close of the investigation for which the witnesses were subpoenaed the officer shall certify to their attendance and mileage and the certificate shall be filed in the Office of the Fire Marshal.

Amended 2009, No. 154 (Adj. Sess.), § 238; 2021, No. 20 , § 178.

History

Source. V.S. 1947, § 10,353. P.L. § 8171. 1919, No. 147 , § 9.

2021. Deleted "pertinent" preceding "that they deem" in the first sentence and inserted "the” preceding "Criminal Division” in the third sentence to correct typographical errors in 2021, No. 20 , § 178.

In the second and third sentences, substituted "district courts" for "justices' courts" pursuant to 1973, No. 249 (Adj. Sess.), which provided for transfer of the authority, duties, powers, responsibilities and functions of the justice courts to the district courts. See 1973, No. 249 (Adj. Sess.), § 106.

Amendments--2021. Section amended generally.

Amendments--2009 (Adj. Sess.) Substituted "criminal division of the superior court" for "district courts" in two places.

Cross References

Cross references. Closing of hearings to public, see § 2865 of this title.

Witnesses' fees generally, see 32 V.S.A. chapter 17, subchapter 5.

ANNOTATIONS

1. Rights of witnesses at proceedings.

A witness summoned to appear before a fire marshal's inquest is not entitled to counsel, but should be informed of his constitutional right against self incrimination. In re Robinson, 125 Vt. 343, 215 A.2d 525 (1965).

§ 2865. Privacy of hearings.

All investigations held by or under the direction of the fire marshal or deputy fire marshal may, in his discretion, be private. Persons other than those required to be present by the provisions of this chapter may be excluded from the place where such investigation is held. Witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.

History

Source. V.S. 1947, § 10,354. P.L. § 8172. 1919, No. 147 , § 9.

Cross References

Cross references. Conduct of hearings generally, see § 2864 of this title.

§ 2866. Testimony under oath.

When in his or her opinion further investigation is necessary, the Fire Marshal shall take or cause to be taken the testimony under oath of all persons supposed to have knowledge of any facts or to have means of knowledge relating to any fire or matter regarding which an examination is required to be made pursuant to this chapter, and he or she shall cause the testimony to be reduced to writing.

Amended 2021, No. 20 , § 179.

History

Source. V.S. 1947, § 10,350. P.L. § 8168. 1919, No. 147 , § 7.

Amendments--2021. Substituted "required to be made pursuant to this chapter" for "herein required to be made"; and substituted "testimony" for "same".

ANNOTATIONS

1. Use of testimony in arson trial.

The answer of the witness in an arson case in the course of the fire marshal's inquest which tended to incriminate him could be used against him on trial for arson, if he was warned of his constitutional right not to answer incriminating questions and volunteered the answer. 1954-56 Op. Atty. Gen. 241, Op. Atty. Gen. 223. (decided under V.S. 1947 §§ 1746, 1747).

§ 2867. Administration of oaths; perjury.

The fire marshal and deputy fire marshal may each administer oaths and affirmations to any person appearing as a witness before them. A person who falsely swears in any matter or proceeding shall be deemed guilty of perjury and shall be punished accordingly.

History

Source. V.S. 1947, § 10,356. P.L. § 8174. 1933, No. 157 , § 7793. 1919, No. 147 , § 11.

Cross References

Cross references. Perjury generally, see 13 V.S.A. chapter 65.

§ 2868. Contempt.

A witness may be punished as for contempt of court who:

  1. refuses to obey a summons of the Fire Marshal or Deputy Fire Marshal; or
  2. refuses to be sworn or to testify; or
  3. disobeys a lawful order of the Fire Marshal or Deputy Fire Marshal in relation to an investigation instituted by him or her; or
  4. fails or refuses to produce any book, paper, or document relating to any matter under investigation or examination; or
  5. is guilty of any contemptuous act after being summoned to appear before the Fire Marshal or Deputy Fire Marshal to give testimony relating to any matter under examination or investigation.

    Amended 2021, No. 20 , § 180.

History

Source. V.S. 1947, § 10,355. P.L. § 8173. 1919, No. 147 , § 10.

Amendments--2021. Subdiv. (3): Added "or her" following "him".

Subdiv. (5): Deleted "or either of them" following "Deputy Fire Marshal"; and deleted "as aforesaid" following "investigation".

§ 2869. Prosecution.

After making such investigation, if the fire marshal or deputy fire marshal is of the opinion that there is probable cause to believe a person guilty of the crime of arson, or of an attempt to commit the crime of arson, or of a conspiracy to defraud, or any criminal conduct in connection with such fires, he or she shall furnish to the state's attorney a copy of all such testimony together with the names and residences of witnesses and all necessary information obtained by him or her. Such state's attorney shall take such action as the facts justify and diligently inquire into all circumstances attending the fire. The fire marshal may assist in the prosecution either in person or by the deputy fire marshal.

History

Source. V.S. 1947, § 10,351. P.L. § 8169. 1919, No. 147 , § 7.

Cross References

Cross references. Arson and related offenses, see 13 V.S.A. chapter 11.

Subchapter 5. Boilers and Pressure Vessels

§ 2881. General provisions.

  1. A person shall not install or maintain a boiler or pressure vessel which is unsafe or likely to be unsafe to other persons or property.
  2. A person shall not operate, cause to be operated, or permit to be operated any boiler or pressure vessel under his or her control or ownership, in a manner which causes or is likely to cause harm to other persons or property.

    Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this code section, shall take effect April 1, 2005.

§ 2882. Rules; installation standards.

  1. The commissioner may adopt rules pertaining to boilers and pressure vessels, and standards to be observed, necessary for the safety and protection of the public, employees, and property. The commissioner may provide for operating certificates to be issued before a boiler or pressure vessel may be used.
  2. A boiler or pressure vessel regulated by the rules adopted under this section shall be designed, manufactured, and assembled in accordance with the relevant standards published by the:
    1. American Society of Mechanical Engineers;
    2. Canadian Standards Association;
    3. European Committee for Standardization, for boilers with a maximum water jacket size of 60 gallons, a maximum input of 250,000 Btu, and a maximum relief valve setting of 30 pounds per square inch gauge; or
    4. European Committee for Standardization, for boilers or pressure vessels with an input of greater than 250,000 Btu or a water jacket size of greater than 60 gallons as approved by the commissioner.
  3. A boiler or pressure vessel regulated by the rules adopted under this section shall be installed in accordance with the National Board Inspection Code, as amended, including control, safety, and pressure relief devices in accordance with the relevant standards published by the American Society of Mechanical Engineers.
  4. A boiler or pressure vessel regulated by the rules adopted under this section shall provide the manufacturer's design information, instructions, data plates, and warning labels in English.
  5. In reviewing an application for a variance, the commissioner may rely upon decisions or information from other states or governmental entities that have reviewed and approved a boiler or pressure vessel that does not meet one of the standards set forth under subsection (b) of this section.

    Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005; amended 2009, No. 86 (Adj. Sess.), § 1.

History

Amendments--2009 (Adj. Sess.) Section amended generally.

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this code section, shall take effect April 1, 2005.

§ 2883. Boiler inspections.

  1. The Commissioner has authority to obtain specific information from boiler inspectors on forms that shall first be approved by the Commissioner.
  2. The Commissioner may authorize qualified inspectors to conduct inspections under such rules as the Commissioner may prescribe.
    1. If a boiler or pressure vessel is insured, the inspection may be conducted by a qualified inspector who is employed, or contractually authorized, by the insurer.
    2. If a boiler or pressure vessel is not insured, the inspection may be conducted by any qualified inspector authorized by the Commissioner. In case the inspection is made by such an inspector, a fee shall not be charged by the Division, except a process fee of $30.00 for issuance of an operating certificate.
    1. The fee for a person requesting a three-year authorization to conduct inspections shall be $150.00. (c) (1)  The fee for a person requesting a three-year authorization to conduct inspections shall be $150.00.
    2. A licensed boiler inspector shall carry liability insurance in an amount determined by the Department.

      Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005; amended 2009, No. 134 (Adj. Sess.), § 4; 2019, No. 178 (Adj. Sess.), § 35, eff. July 1, 2021.

History

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--2009 (Adj. Sess.) Section amended generally.

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this code section, shall take effect April 1, 2005.

§ 2884. Qualifications of inspectors.

  1. Examination.  All boiler inspectors shall have passed the examination required by the National Board of Boiler and Pressure Vessel Inspectors, and hold annual certification from that Board.
  2. Education.  The Commissioner shall require each boiler inspector to complete an education module regarding the State's energy goals and how the boiler inspection profession can further those goals.
    1. The education module shall be not more than two hours and shall be required as a condition of initial authorization and authorization renewal. The module shall include education on any State or utility incentives relevant to the profession.
      1. The education module for initial authorization shall provide general information regarding the State's energy goals.
      2. The education module for authorization renewal shall provide any updates on the State's energy goals and any updates regarding corresponding State energy programs applicable to the profession.
    2. The Commissioner shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service.

      Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005; amended 2009, No. 134 (Adj. Sess.), § 4; 2019, No. 178 (Adj. Sess.), § 35, eff. July 1, 2021.

History

Amendments--2019 (Adj. Sess.). Added the subsec. (a) designation and heading and added subsec. (b).

Amendments--2009 (Adj. Sess.) Deleted "employed by the state and insurance companies" following "boiler inspectors".

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this code section, shall take effect April 1, 2005.

Effective date and applicability of amendments. 2019, No. 178 (Adj. Sess.), § 38(3) provides: "Secs. 33-37 (State energy goals; education modules) shall take effect on July 1, 2021, except that all existing licensed, certified, or authorized professionals to whom these provisions apply shall be required to obtain the education module for initial licensure as a condition of their upcoming renewal and shall thereafter be required to obtain the education module for renewal at the subsequent renewal cycle."

§ 2885. Penalties.

The commissioner may assess penalties pursuant to section 2734 of this title against a person who violates this subchapter or any rule adopted under this subchapter.

Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this code section, shall take effect April 1, 2005.

CHAPTER 174. ACCESSIBILITY STANDARDS FOR PUBLIC BUILDINGS AND PARKING

Sec.

§ 2900. Definitions.

As used in this chapter:

  1. "Alteration" means a change to a public building that affects or could affect the usability of the building or any part of the building. "Alteration" includes remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes, or rearrangement in the plan or configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal, lead paint hazard reduction, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.
  2. "Ambulatory disability" means an impairment that prevents or impedes walking. A person shall be considered to have an ambulatory disability if the person:
    1. cannot walk 200 feet without stopping to rest;
    2. cannot walk without the use or assistance of a brace, a cane, a crutch, another person, a prosthetic device, a wheelchair, or another assistive device;
    3. is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest;
    4. uses portable oxygen;
    5. has a cardiac condition that causes the person functional limitations classified in severity as Class III or Class IV according to standards set by the American Heart Association; or
    6. is severely limited in ability to walk due to having arthritis, or a neurological or orthopedic condition.
  3. "Blind" means the visual impairment of an individual whose central visual acuity does not exceed 20/200 in the better eye with corrective lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.
  4. "Covered multifamily dwelling" means a residential unit for sale or rent in a public building consisting of four or more residential units if the building has one or more elevators; and a ground floor residential unit for sale or rent in a public building consisting of four or more residential units, if the building has no elevator. For the purpose of this chapter, "public building" includes, in addition to the definition in subdivision (8) of this section, a cooperative or condominium if the building otherwise meets the definition of "covered multifamily dwelling."
  5. "Historic building" means any structure that is listed in or eligible for listing in the National Register of Historic Places or included in the State Register of Historic Places.
  6. "Maximum extent feasible" means the situation in which the nature of an existing building or facility makes it virtually impossible to comply fully with accessibility standards. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered feature of the building or facility that can be made accessible shall be. If providing accessibility to individuals with specific disabilities is not feasible, the facility shall be made accessible to persons with other types of disabilities.
  7. "Primary function" means a major activity for which the facility is intended. Areas that contain a primary function include the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, and offices and other work areas in which the activities of the public or private entity using the facility are performed. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges, or locker rooms, janitorial closets, entrances, corridors, and restrooms are not areas containing a primary function.
  8. "Public building" means a State, county, or municipal building; airport terminal; bus or railroad station; school building; school; society hall; hotel as defined in 32 V.S.A. § 9202 ; restaurant; apartment; church or other house of worship; factory; mill; office building or other building in which persons are employed; store or other space in which goods are offered for sale at wholesale or retail; nursery; convalescent home; home for persons who are elders; or child care facility, provided that the term "public building" does not include a family residence registered as a child care home under 33 V.S.A. chapter 35, subchapter 1. "Public building" also means a tent or outdoor structure, place of amusement, barn, shed, or workshop, if normally open to the public for the purpose of offering goods for sale at wholesale or retail; public assembly; or viewing, entertainment, or education. "Public building" shall not include a working farm or farms, as that term is defined by section 2730 of this title. However, for purposes of this chapter, "public building" shall not include existing housing on a working farm provided to farm employees or a farm building that is open for public tours and for which no fee is charged for those tours.
  9. "Technically infeasible" means that an alteration of a building or a facility has little likelihood of being made accessible because compliance with accessibility standards would require removal or alteration of a load-bearing member that is an essential part of the existing structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements for new construction and are necessary to provide accessibility.
  10. "Unit" means a self-contained portion of a public building under the control of the owner or lessee of the public building, such as a retail store in a shopping complex or a restaurant in an office building.

    Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005; amended 2007, No. 172 (Adj. Sess.), § 6; 2013, No. 96 (Adj. Sess.), § 123; 2021, No. 20 , § 181.

History

2008. 2007, No. 172 (Adj. Sess.), § 7 amended 21 V.S.A. § 271(3), which was repealed in accordance with 2003, No. 141 (Adj. Sess.), § 12. 20 V.S.A. § 2900(8) is the successor to subdivision 21 V.S.A. § 271(3).

Amendments--2021. Subdiv. (8): Deleted "or" preceding "society hall"; substituted "in which" for "wherein" following "store or other space"; and substituted "persons who are elders" for "the aged" in the first sentence.

Amendments--2013 (Adj. Sess.). Subdiv. (2)(F): Substituted "having arthritis, or a" for "an arthritic," following "due to".

Amendments--2007 (Adj. Sess.). Subdiv. (8): Substituted "child" for "day" preceding "care" in two places.

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this section, shall take effect April 1, 2005.

§ 2901. Access board.

  1. An access board is created consisting of ten members. The members of the board shall be the commissioner of public safety, or designee; the chair of the house committee on institutions, or designee; the chair of the senate committee on institutions, or designee; the commissioner of buildings and general services, or designee; the state historic preservation officer, or designee; and five members appointed by the governor, including an independent architect, a builder or contractor, and three individuals with disabilities representing organizations for persons with disabilities in this state, appointed by the governor. The governor shall also appoint one additional individual with a disability to act as an alternate for the three members with disabilities in the event one of those members is unable to attend a board meeting. The alternate may attend all meetings and shall be paid a per diem for those meetings attended. The alternate shall vote only in the absence of an appointed member with a disability. Members and the alternate appointed by the governor shall serve for a term of six years.
  2. The commissioner of public safety, or designee, shall be the chair of the access board and shall convene the board whenever an application is made for a variance. Five members of the board shall constitute a quorum. A decision of the board based upon a majority vote of members present shall be binding. Members of the board who are not state employees shall receive a per diem of $50.00 for each day devoted to official duties and reimbursement for actual and necessary expenses. These expenses shall be reimbursed from the appropriation to the department of public safety.
  3. The access board may adopt, amend, and repeal rules under chapter 25 of Title 3 to carry out the provisions of this chapter.

    Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this section, shall take effect April 1, 2005.

§ 2902. Construction standards; variance.

  1. A person shall not construct, alter, or permit construction or alteration of a public building or allow the change in use of a nonpublic building to become a public building unless the specifications at the time work commences meet or exceed the accessibility standards for new construction and alterations incorporated in 28 C.F.R. §§ 35 and 36, the Americans with Disabilities Act Accessibility Guidelines (ADAAG), as amended by this chapter and the access board.
  2. Alterations of a public building and changes in use of a nonpublic building to become a public building shall comply with the standards specified in subsection (a) of this section and the rules of the access board. All altered elements and spaces shall be made accessible to the maximum extent feasible. Each existing element, space, or common area that is altered shall comply with the standards of this chapter. If compliance with accessibility standards is technically infeasible, the alteration shall provide accessibility to the maximum extent feasible. Any elements or features of the building or facility that are being altered and can be made accessible shall be made accessible within the scope of the alteration.
  3. If an alteration affects or could affect the usability of or access to an area of a facility that contains a primary function, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area shall be made accessible to individuals who use wheelchairs to the maximum extent feasible. Compliance with this subsection is required only to the extent that the cost of making the additional elements and spaces accessible does not exceed 20 percent of the total cost of the overall alteration.
  4. Full compliance with the standards in this section is not required in the rare circumstance in which an entity can demonstrate that it is structurally impracticable to meet the standards. If full compliance with the standards would be structurally impracticable, compliance is required to the extent that it is structurally practicable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is structurally practicable. If provision of accessibility to individuals with certain disabilities in compliance with the standards would be structurally impracticable, accessibility shall nonetheless be provided to persons with other types of disabilities. Full compliance will be considered structurally impracticable only when the unique characteristics of terrain prevent the incorporation of accessibility features. The burden of proving the impracticability is on the person who designed or constructed the public building.
  5. The access board may exempt a public building from compliance with any of the standards established by this chapter if the board determines that compliance with the standards is not required by federal law and:
    1. would be prohibitively costly in relation to the normal cost of the total project; or
    2. would threaten or destroy the historic significance of an historic building or an historic project.
  6. The exemption provided in subdivision (e)(1) of this section shall not apply to newly constructed buildings consisting of covered multifamily dwellings built for first occupancy after January 1, 1990, unless it is impracticable to design and construct at least one building entrance on an accessible route, as defined by the appropriate requirements of ADAAG because of the terrain or unusual characteristics of the site. The burden of proving the impracticability shall be on the person who designed or constructed the covered multifamily dwelling.
  7. The access board shall adopt rules regarding compliance, variances, or abatements to a specified date, exemptions, and appeals.
  8. A public building or unit constructed or altered in accordance with the requirements of this section shall not be rendered inaccessible as a result of subsequent renovations, alterations, or additions to that building or unit.

    Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this section, shall take effect April 1, 2005.

§ 2903. Exemptions.

  1. The following are exempt from the provisions of this chapter, unless compliance with access standards is required by federal law:
    1. alterations to privately funded and operated dwelling units consisting of two or more stories within a single dwelling unit. This exemption shall not apply to alterations of dwelling units which are operated by state or local government or units that receive federal financial assistance to alter the unit or to provide rental assistance to an altered unit;
    2. apartments or rooming houses, cooperatives, condominiums, and other residential buildings consisting of three living units or less;
    3. alterations to the dwelling unit in a public building in which the owner of the public building resides.
  2. Unless required by federal law, dwelling units which consist of three stories or less and two- or three-story retail establishments with a total of 15,000 square feet or less shall be exempt from any requirements pertaining to the installation of elevators. All other multistory buildings shall be provided with vertical access unless the building is exempted from this requirement pursuant to a rule of the access board.
  3. Unless required by federal law, any single dwelling unit of two or more stories within a building consisting of four or more dwelling units is not required to have a vertical access within the dwelling unit provided that five percent of the dwelling units or one unit, whichever is greater, has an accessible entrance, and all the dwelling units meet or exceed the minimum standards required in section 2907 of this title.

    Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this section, shall take effect April 1, 2005.

§ 2904. Parking spaces.

Any parking facility on the premises of a public building shall contain at least the number of parking spaces required by ADAAG standards, and in any event at least one parking space, as designated parking for individuals with ambulatory disabilities or individuals who are blind patronizing the building. The space or spaces shall be accessibly and proximately located to the building, and, subject to 23 V.S.A. § 304a(d) , shall be provided free of charge. Consideration shall be given to the distribution of spaces in accordance with the frequency and persistence of parking needs. Such spaces shall be designated by a clearly visible sign that cannot be obscured by a vehicle parked in the space, by the international symbol of access and, where appropriate, by the words "van accessible"; shall otherwise conform to ADAAG standards; and shall be in accordance with the standards established under section 2902 of this title.

Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005; amended 2009, No. 82 (Adj. Sess.), § 2; 2011, No. 62 , § 40; 2013, No. 96 (Adj. Sess.), § 124.

History

Amendments--2013 (Adj. Sess.). Substituted "individuals who are blind" for "blind individuals" following "disabilities or".

Amendments--2011. Deleted "free" preceding "designated parking" in the first sentence, and inserted ", and, subject to 23 V.S.A. § 304a(d), shall be provided free of charge" following "building" in the second sentence.

Amendments--2009 (Adj. Sess.) Inserted "by a clearly visible sign that cannot be obscured by a vehicle parked in the space" following "designated", "by" preceding "the words", and "shall otherwise conform to ADAAG standards" in the third sentence.

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this section, shall take effect April 1, 2005.

§ 2905. Accessibility; markings.

All public buildings which comply with the standards adopted under this chapter may be marked with the international symbol of access.

Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this section, shall take effect April 1, 2005.

§ 2906. Administration and enforcement.

  1. The department of public safety shall enforce the provisions of this chapter relating to facilities for persons with disabilities and shall adopt rules which are necessary for the performance of its duties under this chapter.
  2. Any person may file a complaint with the commissioner of public safety alleging that a public building or unit is out of compliance with the provisions of this chapter. The commissioner shall investigate the complaint, and if substantiated, shall order that the public building or unit be brought into compliance with the provisions of this chapter within a reasonable period of time. Notwithstanding the foregoing, the commissioner may establish a priority system for the investigation and enforcement of this chapter.
  3. Any person who fails to carry out an order or condition attached to an approval shall be fined not more than $200.00 per day, not to exceed a maximum of $10,000.00, until compliance is effected.
  4. On application by the commissioner, the superior court for the county in which a violation of any rule adopted or any order issued under this chapter occurs shall have jurisdiction to enjoin or restrain the violation. An election by the commissioner to proceed under this subsection shall not limit or restrict the commissioner's authority under this or other subchapters.
  5. The commissioner may assess penalties under section 2734 of this title against a person who violates this chapter or any rule adopted under this chapter.

    Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.

History

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this section, shall take effect April 1, 2005.

§ 2907. Accessibility standards; residential construction.

  1. As used in this chapter, "residential construction" means new construction of one family or multifamily dwellings. "Residential construction" shall not include a single family dwelling built by the owner for the personal occupancy of the owner and the owner's family, or the assembly or placement of residential construction that is prefabricated or manufactured out-of-state.
  2. Any residential construction shall be built to comply with all the following standards:
    1. at least one first floor exterior door that is at least 36 inches wide;
    2. first floor interior doors between rooms that are at least 34 inches wide or open doorways that are at least 32 inches wide with thresholds that are level, ramped, or beveled;
    3. interior hallways that are level and at least 36 inches wide;
    4. environmental and utility controls and outlets that are located at heights that are in compliance with standards adopted by the Vermont Access Board; and
    5. bathroom walls that are reinforced to permit attachment of grab bars.
  3. A violation of this section shall neither affect marketability nor create a defect in title of the residential construction.
  4. Prior to the sale of residential construction, a seller shall provide written disclosure to a prospective buyer detailing whether the residential construction is in compliance with the standards described in subsection (b) of this section. Disclosure shall be made on a form and in a manner prescribed by the Access Board.

    Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005; amended 2015, No. 115 (Adj. Sess.), § 1, eff. May 17, 2016.

History

Amendments--2015 (Adj. Sess.). Subsec. (a): Substituted "As used in" for "For the purposes of" at the beginning.

Subsec. (d): Added.

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which enacts this section, shall take effect April 1, 2005.

CHAPTER 175. LOCAL FIRE DEPARTMENTS

Cross References

Cross references. Fire districts, see chapter 171 of this title.

Prevention and extinguishment of forest fires, see 10 V.S.A. chapter 83, subchapter 4.

Subchapter 1. Volunteer Fire Departments Generally

§ 2921. Powers and duties of official in charge.

In towns that do not maintain a firefighting force and are served by a volunteer fire department, the official in charge of such volunteer fire department or in his or her absence the assistant highest in rank present at a fire shall have the powers and duties of a chief engineer provided in section 2673 of this title.

History

Source. 1949, No. 82 , § 1.

§ 2922. Liability of official or member.

An official of a volunteer fire department shall not be liable for any act or omission on his or her own part, or on the part of any member of such department, while engaged in extinguishing a fire at or near the scene of such fire, nor shall any member of such department be liable for his or her own act or omission if then acting under orders of his or her superior.

History

Source. 1949, No. 82 , § 2.

Cross References

Cross references. Liability for acts or omissions of fire fighting forces rendering outside aid, see § 2962 of this title.

Liability of mutual aid systems, see § 2990 of this title.

Subchapter 2. Outside Aid by Local Fire Departments

Cross References

Cross references. Fire Mutual Aid Systems, see chapter 175, subchapter 3 of this title.

§ 2961. Authorization.

Any town, city, or private volunteer fire department may, by ordinance or resolution, authorize and permit its firefighting forces and equipment to go to the aid of a person, corporation, or private volunteer fire department in another municipality, subject to any conditions and restrictions set forth in the ordinance or resolution.

Amended 2021, No. 20 , § 182.

History

Source. 1949, No. 85 , § 1.

Amendments--2021. Substituted "any" for "such" preceding "conditions"; and substituted "set forth in the ordinance or resolution" for "as may be prescribed therein".

§ 2962. Liability.

No political subdivision or private volunteer fire department whose fire fighting forces are rendering outside aid pursuant to this subchapter shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith nor shall any commissioner, chief, or the superior officer of a fire department, fire company, or other firefighting force acting pursuant to this subchapter be liable on account of any act or omission on the part of any of his subordinates while such subordinates are rendering aid pursuant to this subchapter under the command of an officer other than himself.

History

Source. 1949, No. 85 , § 3.

Cross References

Cross references. Liability for acts or omissions of fire fighters generally, see § 2922 of this title.

Liability of mutual aid systems, see § 2990 of this title.

§ 2963. Payment.

  1. The person, corporation, private volunteer fire department, or political subdivision which is aided pursuant to this subchapter may reimburse the political subdivision or private volunteer fire department furnishing such aid, such compensation for such services as may be agreed upon by a contract between such person, corporation, private volunteer fire department, or political subdivision and the private volunteer fire department or political subdivision furnishing such aid.
  2. Nothing contained in this subchapter shall prevent any assisting private volunteer fire department or political subdivision from assuming all or any part of such loss, damage, expense, or other cost as a result of assistance rendered, or from loaning such equipment, or from donating such services to the receiving private volunteer fire department or political subdivision without charge or cost.

History

Source. 1949, No. 85 , §§ 4, 5.

§ 2964. Powers, duties, rights, privileges and immunities of members.

Whenever the firefighting forces of any town, city or private volunteer fire department are rendering aid pursuant to this subchapter, the officers and members of such firefighting forces shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed.

History

Source. 1949, No. 85 , § 2.

Cross References

Cross references. Powers, duties and immunities of fire fighting forces generally, see §§ 2921 and 2922 of this title.

§ 2965. Application to other states.

The provisions of this subchapter shall apply with respect to firefighting forces and equipment of other states of the United States that render services in this state in answer to a call for assistance provided that the laws of any such state contain substantially similar provisions, as certified by the secretary of state, with respect to firefighting forces and equipment of this state when rendering service in such other state in answer to a call for assistance.

History

Source. 1949, No. 85 , § 6.

Subchapter 3. Fire Mutual Aid Systems

Cross References

Cross references. Fire districts, see chapter 171 of this title.

Outside aid by local fire departments generally, see chapter 175, subchapter 2 of this title.

§ 2981. Mutual aid fire protection authorized by municipality.

A municipality or fire district may vote to authorize its fire department, by its chief or chief engineer, to enter into agreements with such other duly authorized fire departments, or any private and volunteer fire department, as seem appropriate to provide mutual aid fire protection on a systematic basis. A municipal fire department so authorized may join in the formation or operation or both of a district fire mutual aid system, which shall be a public municipal corporation, as provided under sections 2986 through 2992 of this title.

1967, No. 255 (Adj. Sess.), § 1, eff. Feb. 20, 1968.

Cross References

Cross references. Private fire department defined, see § 2992 of this title.

§ 2982. Private and volunteer fire department may enter into mutual aid agreements.

A private and volunteer fire department may enter into a district fire mutual aid system, which shall be a public municipal corporation, as provided under sections 2986 through 2992 of this title.

Added 1967, No. 255 (Adj. Sess.), § 2, eff. Feb. 20, 1968.

Cross References

Cross references. Private fire department defined, see § 2992 of this title.

§ 2983. Voting qualifications.

The qualifications for voting to authorize a municipal fire department to enter into mutual aid agreements shall be the same as those for the election of town officers.

Added 1967, No. 255 (Adj. Sess.), § 3, eff. Feb. 20, 1968.

Cross References

Cross references. Qualification of voters generally, see 17 V.S.A. chapter 43, subchapter 1.

§ 2984. Vote on authorization.

The vote on the question of authorizing a municipal fire department to enter into mutual aid agreements may be by voice vote or by ballot on a question substantially as follows:

Article - . To see if the town will authorize its fire department, by its chief, to enter into agreements with such other duly authorized fire departments, or any private and volunteer fire department, as seem appropriate to provide mutual fire protection on a systematic basis.

Added 1967, No. 255 (Adj. Sess.), § 4, eff. Feb. 20, 1968.

§ 2985. State aid in preparation.

When requested to do so by any fire department, the state fire marshal shall aid and assist in the preparation and development of agreements.

Added 1967, No. 255 (Adj. Sess.), § 5, eff. Feb. 20, 1968.

§ 2986. District fire mutual aid systems, formation of.

Whenever three or more municipalities within the state vote to authorize their respective fire departments to render outside aid as provided in sections 2981 through 2985 of this title, they may, if they so desire, form a district fire mutual aid system, which shall be a public municipal corporation. They may petition the state fire marshal in writing to call the organization meeting of the system.

Added 1967, No. 255 (Adj. Sess.), § 6, eff. Feb. 20, 1968.

§ 2987. Organization.

Upon receipt of a petition pursuant to section 2986 of this subchapter, the State Fire Marshal shall call the first or organization meeting of the system by giving written notice to the chief of each fire department in the system and may invite private fire departments within the designated area to join in the meeting by giving similar notice to them. Each fire department shall send one delegate to the organization and subsequent meetings and shall be entitled to one vote in all proceedings. The delegate shall be the chief of each fire department or his or her designee. At the organization meeting, the members of the system shall adopt articles of association and bylaws and rules for the future government and operation of the system that shall take effect upon submission to and approval by the Attorney General, who shall cause them to be recorded by the Secretary of State. The system shall be deemed to be formally established upon that recording. The organization meeting shall also elect a board of directors consisting of such number as the delegates determine. Delegates and directors need not be residents. The board of directors shall be the governing body of the system and shall serve for terms of one year and until their successors are elected and qualify. The delegates shall choose from their number the officers of the system, except that a secretary or a treasurer, or both, may be nondelegates. All officers shall have such duties and powers as the bylaws provide. Within the limits of available funds, the directors may employ and fix the compensation of agents and other necessary personnel who shall serve at their pleasure and have and exercise such powers and authority as they may delegate to them.

Added 1967, No. 255 (Adj. Sess.), § 7, eff. Feb. 20, 1968; amended 1979, No. 31 ; 2021, No. 20 , § 183.

History

Amendments--2021. Section amended generally.

Amendments--1979. Rewrote the former ninth sentence as the present ninth and tenth sentences.

Cross References

Cross references. Addition to and withdrawal of fire departments from systems, see § 2989 of this title.

§ 2988. Powers and duties.

A district fire mutual aid system shall coordinate the services of all fire departments belonging to it so as to provide better and more efficient cooperation in the protection of life and property against fire and in the case of other accidental or natural emergency within the area that it comprises. It may establish an overall plan or plans for that coordination. Within the limits of available funds, it may acquire and operate property and equipment, including a dispatch center and a communications service, and may extend the advantages of group purchasing and benefits to departments in the system. It may provide and operate training programs for firefighters and others, or enter into agreements with other agencies or institutions to provide and operate those programs. It shall cooperate with other State agencies and with the civil defense authorities, State and local. The State Fire Marshal may give advice, recommendations, and assistance to the system on request. It may accept any and all donations, gifts, and grants of money, property, equipment, supplies, materials, and services from the federal or any State or local government, or any agency of federal, State, or local government and from any person, firm, or corporation, for any of its purposes and functions under this subchapter, and may receive and utilize the donations, gifts, and grants subject to the terms, conditions and rules governing the donations, gifts, and grants.

Added 1967, No. 255 (Adj. Sess.), § 8, eff. Feb. 20, 1968; amended 2021, No. 20 , § 184.

History

Amendments--2021. Section amended generally.

§ 2989. Joining and withdrawal.

Additional municipalities within the state may join the system, as provided in sections 2981 through 2985 of this title, and shall be received as members subject to the approval of the board of directors. Municipalities which do not have active fire departments may be admitted as members upon such conditions as the board of directors may fix. Private fire departments within the state may also be accepted by the board of directors as members, with equal voting rights under such arrangements as are mutually agreed upon. A municipality or private fire department may, by vote of its governing board, withdraw from the system but the withdrawal shall not be effective until ninety days after written notice of the withdrawal shall have been delivered to one of the officers of the system.

Added 1967, No. 255 (Adj. Sess.), § 9, eff. Feb. 20, 1968.

Cross References

Cross references. Formation and organization of systems generally, see §§ 2986 and 2987 of this title.

§ 2990. Limitation of liability.

There shall be no liability imposed by law on the system or on any municipality, on the personnel of its fire department, nor on any private fire department or its personnel, belonging to such a system, for failure to respond or to respond reasonably for the purpose of extinguishing a fire or assisting in the case of other accidental or natural emergency. This immunity is not intended to be exclusive of other immunities existing by statute or at common law.

Added 1967, No. 255 (Adj. Sess.), § 10, eff. Feb. 20, 1968.

Cross References

Cross references. Liability of fire fighting forces generally, see § 2922 and 2962 of this title.

ANNOTATIONS

Analysis

1. Construction.

Given the specificity of section, it is clear that Legislature intended to grant firefighting departments immunity from liability when responding to emergency situations regardless of insurance. Stevenson v. Capital Fire Mutual Aid Systems, 163 Vt. 623, 661 A.2d 86 (mem.) (1995).

2. Construction with other laws.

While 29 V.S.A. § 1403 does not operate to waive 20 V.S.A. § 2990 immunity, the § 1403 waiver would apply to mutual aid fire protection districts when engaged in activities not within the scope of § 2990. Stevenson v. Capital Fire Mutual Aid Systems, 163 Vt. 623, 661 A.2d 86 (mem.) (1995).

§ 2991. Appropriations.

Municipalities belonging to such a system may raise and appropriate money for the purposes of the system. The general assembly may authorize and appropriate money for the purposes of the system.

Added 1967, No. 255 (Adj. Sess.), § 11, eff. Feb. 20, 1968.

§ 2992. Definition.

The term "private fire department" includes fire protection organizations operated by industries, institutions and establishments for self-protection and also nonprofit volunteer fire associations. Nothing contained in this subchapter shall be construed to interfere with the exclusive jurisdiction vested by law in the state forester and his or her subordinates over forest fires as provided in 10 V.S.A. § 1305 or subchapter 4, chapter 53 of Title 10 or chapter 81 of Title 10, nor to affect the laws governing prevention or extinguishment of forest fires. Nothing contained in this subchapter shall be construed to interfere with general authorization vested by law in a chief engineer of a fire district or chief of a volunteer fire department to give outside aid as provided in sections 2674 and 2961 of this title.

Added 1967, No. 255 (Adj. Sess.), § 12, eff. Feb. 20, 1968.

History

Reference in text. The references to section 1305 of Title 10 and subchapter 4, chapter 53 of Title 10 in the second sentence are obsolete.

Section 1305 of Title 10 was renumbered as section 2006 of Title 10 in 1973 and repealed by 1977, No. 253 (Adj. Sess.), § 7. There is no present corresponding provision.

Revision note. In the second sentence, substituted "chapter 81 of Title 10" for "chapter 59 of Title 10" in view of the renumbering of the chapter in 1973.

Editor's note. The position of state forester, to which reference is made in the second sentence, does not exist. Former §§ 2005-2007 of Title 10, which provided for the position of state forester, were repealed by 1977, No. 253 (Adj. Sess.), § 7. See also 1966-68 Op. Atty. Gen. 77.

CHAPTER 177. EXPLOSIVES AND FIREWORKS

Article 1. Explosives.

Article 2. Tear Bombs.

Cross References

Cross references. Arson and related offenses, see 13 V.S.A. chapter 11.

Offenses relating to explosives, see 13 V.S.A. chapter 37.

Subchapter 1. General Provisions

§§ 3021, 3022. Repealed. 1971, No. 205 (Adj. Sess.), § 7.

History

Former §§ 3021, 3022. Former § 3021, relating to the general authority of the fire marshal to regulate explosives, was derived from 1955, No. 222 , § 1; V.S. 1947, § 8588; 1945, No. 177 , § 7; P.L. § 8722; and 1925, No. 98 , § 1.

Former § 3022, relating to seizure of explosive articles had in violation of regulations of the fire marshal, was derived from 1949, No. 189 , § 5; V.S. 1947, § 8589; P.L. § 8723; and 1925, No. 98 , §§ 1, 2.

1971, No. 205 (Adj. Sess.), § 8(e), provided: "This act shall take full effect July 1, 1973 or at an earlier date which the governor may set by executive order, which shall be not sooner than April 1, 1973."

Effective date of amendment. 1971, No. 205 (Adj. Sess.), § 8(e), provided: "This act shall take full effect July 1, 1973 or at an earlier date which the governor may set by executive order, which shall be not sooner than April 1, 1973."

Subchapter 2. Explosives and Tear Bombs

ARTICLE 1. Explosives

DIVISION 01. Use and Storage of Explosives

History

Revision note. Sections 3061-3065 of this title were designated as division 1 of this chapter in order to conform the organization of the article to V.S.A. style in light of the addition of §§ 3071-3076 of this title as division 2 of the article by 1971, No. 107 , § 10.

Cross References

Cross references. Federal regulation of explosives and dangerous articles generally, see 18 U.S.C. § 831 et seq.

Federal regulation of importation, manufacture, distribution and storage of explosive materials, see 18 U.S.C. § 841 et seq.

Licensing of explosives, see chapter 177, subchapter 2, article 1, division 2 of this title.

Offenses related to explosives generally, see 13 V.S.A. chapter 37.

Transportation of hazardous materials, see 5 V.S.A. chapter 28.

§ 3061. Possession.

A person who keeps or suffers to be kept upon premises owned or occupied by him or her , within 50 rods of an inhabited building of another person, more than 50 pounds of gunpowder or nitroglycerine at one time, or more than one pound unless contained in sound canisters of tin or other metal, or a package containing more than 50 pounds of dynamite, shall be fined $25.00, and $25.00 additional for each day that it is so kept after notice from an inhabitant of such town to remove the same.

History

Source. V.S. 1947, § 8590. P.L. § 8724. G.L. § 7109. P.S. § 5967. V.S. § 5149. R.L. § 4323. G.S. 119, § 28. 1853, No. 35 .

ANNOTATIONS

1. Application of section.

Where the residence of the plaintiff was located more than 50 rods from a dynamite hut, the plaintiff was within the class of persons benefited by this section, and the defendant who maintained the hut was not liable, by virtue of this section, for personal injury and property damage resulting from an explosion, irrespective of fault. Exner v. Sherman Power Construction Co., 54 F.2d 510 (2d Cir. 1931).

§ 3062. Unlawful transportation.

  1. No person shall transport, carry or convey from one place in this state to another place in this state, dynamite, gunpowder, or other explosive on a vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire.
  2. No person shall transport, carry, or convey intrastate, liquid nitroglycerine, fulminate in bulk in dry condition, or other like explosive, on a vessel or vehicle of any description operated by a common carrier in the transportation of passengers or articles of commerce by land or water.

History

Source. V.S. 1947, §§ 8292, 8294. 1947, No. 202 , § 8447. P.L. §§ 8428, 8430. 1933, No. 157 , §§ 8081, 8083. 1919, No. 128 , §§ 1, 3.

§ 3063. Lawful transportation.

It shall be lawful to transport on such vessel or vehicle small arms, ammunition in any quantity, and such fuses, torpedoes, rockets, or other signal devices, as may be essential to promote safety in operation; and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of a half pound each, and not exceeding twenty samples at one time in a single vessel or vehicle, but such samples shall not be carried in that part of a vessel or vehicle which is intended for transportation of passengers for hire. However, subsection 3062(a) of this title shall not be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment, vessels, or vehicles.

History

Source. V.S. 1947, § 8293. P.L. § 8429. 1919, No. 128 , § 1.

§ 3064. Marking packages.

Every package containing explosives or other dangerous articles when presented to a common carrier for shipment shall have plainly marked on the outside the contents thereof. No person shall deliver or cause to be delivered to a common carrier an explosive, or other dangerous article under a false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier of the true character thereof, at or before the time such delivery for carriage is made.

History

Source. V.S. 1947, § 8295. P.L. § 8431. 1933, No. 157 , § 8084. 1919, No. 128 , § 4.

§ 3065. Penalties.

  1. A person who knowingly violates, or causes to be violated, a provision of sections 3062-3064 of this title, or a regulation made by the Public Utility Commission in pursuance thereof, shall be imprisoned not more than 18 months or fined not more than $2,000.00, or both.
  2. When the death or bodily injury of a person is caused by the explosion of any explosive named in sections 3062-3064 and 3091-3092 of this title, while the same is being placed upon a vessel or vehicle to be transported in violation hereof, or while the same is being so transported, or while the same is being removed from such vessel or vehicle, the person who knowingly places, or aids or permits the placement of such explosives upon such vessel or vehicle to be so transported, shall be imprisoned not more than ten years.

    Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, §§ 8296, 8297. P.L. §§ 8432, 8433. 1919, No. 128 , §§ 4, 5.

2017. In subsec. (a), substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

Editor's note. The reference in subsec. (a) to the public service board appears to be obsolete. 1985, No. 224 (Adj. Sess.) transferred most of the functions relating to regulation of surface carriers other than railroads to the agency of transportation. See section 1601 et seq. of Title 5. In addition, licensing of the transportation of explosives, as defined in section 1603 of Title 13, by the commissioner of public safety, is authorized by section 3072 of this title.

Amendments--1959 (Adj. Sess.). Subsec. (a): Substituted "public service board" for "public service commission".

Cross References

Cross references. Transportation of hazardous materials, see 5 V.S.A. chapter 28.

DIVISION 02. Licensing of Explosives

Cross References

Cross references. Federal regulation of explosives and dangerous articles generally, see 18 U.S.C. § 831 et seq.

Federal regulation of importation, manufacture, distribution and storage of explosive materials, see 18 U.S.C. § 841 et seq.

Offenses related to explosives generally, see 13 V.S.A. chapter 37.

§ 3071. Possession by employee.

For the purposes of this division, explosives in the possession of an employee who is acting within the scope of his duties shall be considered to be in the possession of the employer.

Added 1971, No. 107 , § 10, eff. May 22, 1971.

History

Revision note. Following "duties," deleted a comma for purposes of clarity.

§ 3072. Issuance of license.

  1. Any person who is at least 18 years of age may apply to the Commissioner of Public Safety for a license to possess, purchase, store, use, transport, give, transfer, or sell explosives, as defined in 13 V.S.A. § 1603 , in this State for not more than one year from the date of issue.
  2. An applicant for a license shall be entitled to the issuance of the license upon the submission of evidence, under oath, that satisfies the Commissioner of Public Safety that the applicant:
    1. has a reasonable and lawful purpose for possessing, purchasing, storing, using, transporting, giving, transferring, or selling explosives;
    2. has not been convicted of an offense with a maximum term of imprisonment that exceeds one year within the seven years preceding the application;
    3. has not been adjudged incompetent to stand trial or not guilty by reason of insanity, or has not been indicted by reason of insanity pursuant to 13 V.S.A. § 4817 , 4818, or 4819 by a court of competent jurisdiction in this or any other jurisdiction; and
    4. demonstrates that he or she is competent to possess, purchase, store, use, transport, give, transfer, or sell the explosives, as the case may be.
  3. The application for a license shall be in duplicate on forms provided by the Commissioner of Public Safety and shall bear the name, address, and signature of the licensee or an officer of the licensee.  The original shall be delivered to the licensee and the duplicate shall be preserved for three years by the Commissioner of Public Safety.
  4. The license shall be issued or denied within 15 days after the application is submitted. If the application is denied, the reasons for the denial shall be stated in writing with a copy mailed to the applicant.
  5. The Commissioner of Public Safety may revoke any license issued under this division if, in his or her opinion, the holder has violated any provision of this division or of 13 V.S.A. §§ 1603-1611 , or is ineligible to acquire explosives or to obtain a license under this section. A written notice of a revocation of a license by the Commissioner of Public Safety shall be given to the holder of the license in person or by certified mail prior to or concurrently with the effective date of the revocation. The notice shall state specific grounds upon which the revocation is based.

    Added 1971, No. 107 , § 10, eff. May 22, 1971; amended 2013, No. 96 (Adj. Sess.), § 125; 2021, No. 20 , § 185.

History

Amendments--2021. Subsec. (a): Substituted "is at least 18 years of age" for "has reached the age of majority".

Subsec. (b): Substituted "of the license" for "thereof".

Subdiv. (b)(2): Substituted "with a" for "the" and "that" for "of which".

Subsec. (d): Amended generally.

Subsec. (e): Rewrote the former second sentence as the second and third sentences.

Amendments--2013 (Adj. Sess.). Subdiv. (b)(3): Deleted "insane or mentally" following "adjudged" and inserted "to stand trial or not guilty by reason of insanity, or has not been indicted by reason of insanity pursuant to 13 V.S.A. § 4817, 4818, or 4819" following "incompetent".

Cross References

Cross references. Age of majority, see 1 V.S.A. § 173.

§ 3073. Fees.

The fee for applications for licenses shall be $50.00 for residents of the state and $100.00 for nonresidents. Initial licenses shall be for a term of one year. License renewals shall be for three years for a fee of $75.00 for residents and $150.00 for nonresidents. Fees collected under this section shall be credited to a special fund and shall be available to the department of public safety to offset the cost of providing the service.

Added 1971, No. 107 , § 10, eff. May 22, 1971; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1999, No. 49 , § 163; 2005, No. 72 , § 17.

History

Amendments--2005 Substituted "$50.00" for "$10.00" and "and $100.00" for "$20.00" in the first sentence, and "$75.00" for "$30.00" and "and $150.00" for "$60.00" in the third sentence.

Amendments--1999. Section amended generally.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" in the second sentence.

Implementation of license renewals. 1999, No. 49 , § 164 provides that in the implementation of the three-year license period authorized in this section, the department of public safety shall stagger the renewals by granting one-third of the renewals a three-year license at the statutory fee, one-third of the renewals a two-year license for a fee of $20.00 for residents, $40.00 for nonresidents, and one-third of the renewals a one-year license for a fee of $10.00 for residents, $20.00 for nonresidents.

§ 3074. Appeals.

Any person denied a license for the reasons enumerated in subsection 3072(c) of this title or whose license is revoked may, within 15 days of the date of the written denial of his or her application, request a hearing before the commissioner of public safety. The commissioner of public safety shall record any evidence offered by or on behalf of the person seeking the license, and also shall record any evidence denying or revoking the license, and list findings of fact upon which a decision was based. In the event the license is again denied or its revocation continued for any of the reasons enumerated in subsection 3072(c) of this title, an appeal may be taken to the appropriate superior court.

Added 1971, No. 107 , § 10, eff. May 22, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court" in the third sentence.

Cross References

Cross references. Appeals from decisions of governmental agencies, see Rule 74, Vermont Rules of Civil Procedure.

§ 3075. Rules and regulations.

The Commissioner of Public Safety may adopt rules under 3 V.S.A. chapter 25 to implement the provisions of this division and to govern the storage, transportation, and the manner of use of explosives as defined in 13 V.S.A. § 1603 .

Added 1971, No. 107 § 10, eff. May 22, 1971; amended 2021, No. 20 , § 186.

History

Amendments--2021. Deleted "and regulations" following "rules"; and substituted "3 V.S.A. chapter 25" for "chapter 25 of Title 3".

§ 3076. Penalties.

Any person convicted of violating the rules adopted under this division or of making a false statement in applying for a license under this division shall be fined not more than $1,000.00 or imprisoned not more than five years, or both.

Added 1971, No. 107 , § 10, eff. May 22, 1971; amended 2021, No. 20 , § 187.

History

Amendments--2021. Deleted "or regulations" following "rules"; and added "of" following "division or".

ARTICLE 2. Tear Bombs

§ 3091. Permit.

No person shall manufacture, possess, use or transport bombs, commonly called tear bombs, without first securing a written permit from the commissioner of public safety. Such permits shall be of such form and conditions, and for such length of time as the commissioner of public safety may prescribe and he may revoke for cause any permit so granted.

History

Source. 1949, No. 197 . V.S. 1947, § 8298. P.L. § 8434. 1933, No. 149 , §§ 1, 2.

ANNOTATIONS

1. Constitutionality.

Transportation of tear bombs is subject to regulation by the state and a law so doing is not repugnant to article 16 of chapter I of the state constitution. 1932-34 Op. Atty. Gen. 339.

§ 3092. Penalties.

A person who violates the provisions of section 3091 of this title may be fined not more than $1,000.00 or imprisoned for a period not exceeding one year, or both.

Amended 1981, No. 223 (Adj. Sess.), § 23.

History

Source. V.S. 1947, § 8299. 1947, No. 202 , § 8452. P.L. § 8435. 1933, No. 149 , § 3.

Amendments--1981 (Adj. Sess.). Added "or both" following "one year".

Subchapter 3. Fireworks

Cross References

Cross references. Offenses relating to explosives generally, see 13 V.S.A. chapter 37.

§ 3131. Definitions.

As used in this subchapter, the term "fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, balloons that are propelled by explosives, firecrackers, torpedoes, sky rockets, Roman candles, cherry bombs, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except sparklers. The term "fireworks" does not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing 0.25 grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistol paper caps that contain less than 0.2 grains of explosive mixture. The term "fireworks" does not include fixed ammunition for firearms or primers for firearms. The term "sparkler" means a sparkling item that complies with the U.S. Consumer Product Safety Commission regulations and is one of the following:

  1. A hand-held wire or wood sparkler that is less than 14 inches and has no more than 20 grams of pyrotechnic mixture.
  2. A snake, party popper, glow worm, smoke device, string popper, snapper, or drop pop with no more than 0.25 grains of explosive mixture.

    Amended 2003, No. 15 , § 1, eff. May 6, 2003; 2021, No. 20 , § 188.

History

Source. 1953, No. 93 , § 1.

Reference in text. The United States Consumer Product Safety Commission, referred to in this section, is codified as 16 C.F.R. § 1500.3(b)(14)(i).

Amendments--2021. Substituted "As used in this subchapter, the" for "The" in the first sentence; and substituted "complies" for "is in compliance" and "U.S." for "United States" in the fourth sentence.

Amendments--2003. Section amended generally.

ANNOTATIONS

1. Constitutionality.

The definition of "fireworks" did not make the prohibitory statute, 20 V.S.A. § 3132(a), void for vagueness. A person of ordinary intelligence would have known that the items sold by one defendant and seized from the other defendant were "fireworks" within the meaning of §§ 3131 and 3132(a). Most of the items had fuses and were labelled as fireworks, and several of the items, some of which were not labelled, were readily identifiable as sparklers. State v. Dann, 167 Vt. 119, 702 A.2d 105 (1997), cert. denied, Wurzberger v. Vermont, 522 U.S. 1112, 118 S. Ct. 1043, 140 L. Ed. 2d 108 (1998).

§ 3132. Prohibitions; permits.

  1. Except as provided in this section, it shall be unlawful for any person, firm, co-partnership, or corporation to do any of the following:
    1. Offer for sale, expose for sale, sell at retail or wholesale, or possess fireworks unless the person has been issued a permit by both the U.S. Bureau of Alcohol, Tobacco, and Firearms and the municipality in which the person offers for sale and stores the fireworks.
    2. Use, possess, or explode any fireworks unless the person has been issued a permit to display fireworks pursuant to subsection (c) of this section.
    3. Transport fireworks except in interstate commerce.
    4. Offer for sale or sell hand-held sparklers as described in subdivision 3131(1) of this title to a minor.
    5. Offer for sale or sell sparklers that are not in compliance with the U.S. Consumer Product Safety Commission regulations.
  2. The State Fire Marshal may adopt reasonable rules for granting permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals.
  3. Any display for which a permit is issued shall be handled by a competent operator to be approved by the chiefs of police and fire departments of the municipality in which the display is to be held and shall be of a character, and so located, discharged or fired as, in the opinion of the chief of the fire department, or in a municipality with no fire department, the selectboard, after proper inspection, shall not be hazardous to property or endanger any person or persons.
  4. Application for permits shall be made to the chief of the fire department, or in municipalities with no fire department, the selectboard, in writing, at least 15 days in advance of the date of the display. After the permit has been granted, sales, possessions, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted under this section shall be transferable.

    Amended 2003, No. 15 , § 2, eff. May 6, 2003; 2003, No. 122 (Adj. Sess.), § 294q; 2003, No. 122 (Adj. Sess.), § 294z, eff. April 1, 2005; 2005, No. 8 , § 3, eff. April 25, 2005; 2009, No. 33 , § 42; 2021, No. 20 , § 189.

History

Source. 1953, No. 93 , § 2.

Reference in text. The U.S. Bureau of Alcohol, Tobacco, and Firearms, referred to in subdiv. (a)(1), is codified as 27 C.F.R. § 555 et seq.

The United States Consumer Product Safety Commission, referred to in subdiv. (a)(5), is codified as 16 C.F.R. § 1500.3(b)(14)(i).

2003. 2003, No. 15 , § 4, provides: "The annual report on sparklers compiled by the state fire marshal and the department of labor and industry as required in 20 V.S.A. § 3132(b) shall be provided to the house committee on general, housing, and military affairs and the senate committee on economic development, housing, and general affairs."

Amendments--2021. Subdiv. (a)(5): Substituted "U.S." for "United States".

Subsec. (b): Substituted "State Fire Marshal may" for "state fire marshal shall have power to"; and deleted "and regulations" following "rules".

Amendments--2009. Subsec. (b): Deleted the last two sentences.

Amendments--2005. Subsec. (b): Substituted "March 15" for "January 15" in the third sentence.

Amendments--2003 (Adj. Sess.). Subsec. (b): Act No. 122, § 294q, inserted "reported for the preceding fiscal year" following "sparklers" at the end of the second sentence and added the present third sentence.

Subsec. (b): Act No. 122, § 294z, deleted "and the department of labor and industry" following "marshal" and substituted "state fire marshal" for "commissioner of labor and industry".

Amendments--2003. Section amended generally.

Effective date of amendment to subsec. (b). 2003, No. 122 (Adj. Sess.), § 298(g) provides that Sec. 294z of that act, which amends subsec. (b) of this section, shall take effect on April 1, 2005.

Repeal of annual report on sparklers. 2003, No. 122 (Adj. Sess.), § 294o(1), repeals the annual report on sparklers by the state fire marshal as provided by 2003, No. 15 , § 4.

Cross References

Cross references. Permitted uses, see § 3133 of this title.

ANNOTATIONS

Analysis

1. Constitutionality.

The definition of "fireworks" in 20 V.S.A. § 3131 did not make this section void for vagueness. A person of ordinary intelligence would have known that the items sold by one defendant and seized from the other defendant were "fireworks" within the meaning of §§ 3131 and 3132(a). Most of the items had fuses and were labelled as fireworks, and several of the items, some of which were not labelled, were readily identifiable as sparklers. State v. Dann, 167 Vt. 119, 702 A.2d 105 (1997), cert. denied, Wurzberger v. Vermont, 522 U.S. 1112, 118 S. Ct. 1043, 140 L. Ed. 2d 108 (1998).

2. Res judicata.

The prosecution of defendant in 1994 for selling fireworks was not barred by claim preclusion, or res judicata, because, although the parties and causes of action may have been the same in 1987, 1992 and 1994, the subject matter was not. Defendant was charged with a crime that is capable of frequent repetition. Each event is separate and gives rise to separate liability. State v. Dann, 167 Vt. 119, 702 A.2d 105 (1997), cert. denied, Wurzberger v. Vermont, 522 U.S. 1112, 118 S. Ct. 1043, 140 L. Ed. 2d 108 (1998).

3. Mens rea.

There is little difference between an intent to sell fireworks and a knowing sale of fireworks. Thus, there was no error in charging the jury that, in order to convict, it had to find that defendants acted "knowingly" and that their acts were "voluntary and conscious and not because of mistake, inadvertence, accident or some other innocent mistake," and in failing to charge, as requested, that defendants must have intended to commit the elements of the offense. State v. Dann, 167 Vt. 119, 702 A.2d 105 (1997), cert. denied, Wurzberger v. Vermont, 522 U.S. 1112, 118 S. Ct. 1043, 140 L. Ed. 2d 108 (1998).

4. Permits.

Because Vermont law did not authorize a permit for the general retail sale of fireworks to consumers who did not hold valid permits to display those fireworks, appellants, whose store sold fireworks for use by consumers, without regard to whether the purchasers had permits to possess and display them, were not entitled to a permit to sell fireworks. Green Mtn. Fireworks v. Town of Colchester, - Vt. - , 249 A.3d 296 (Aug. 7, 2020).

Based on the plain language of the fireworks permit statute, a distinct municipal permit is required for the sale of fireworks, and appellants' zoning permits were insufficient under the statute. Green Mtn. Fireworks v. Town of Colchester, - Vt. - , 249 A.3d 296 (Aug. 7, 2020).

Statute governing fireworks permits requires a distinct permit for the sale of fireworks, but does not authorize a permit for the general retail sale of fireworks to consumers who do not hold valid permits to display those fireworks. The only fireworks sales authorized by the statute are sales to the holder of a display permit for the purpose of the permitted display. Green Mtn. Fireworks v. Town of Colchester, - Vt. - , 249 A.3d 296 (Aug. 7, 2020).

§ 3133. Permitted uses.

  1. Nothing in this subchapter shall be construed to prohibit: the use of fireworks by railroads, other transportation agencies, or law enforcement officers for signal purposes or illumination; the sale or use of blank cartridges for a show or theatre, for signal or ceremonial purposes in athletics or sports, or for use by military organizations; the use of explosives for blasting or similar purposes; the use of fireworks by farmers to control birds in crops.
  2. The state fire marshal shall have the power to adopt reasonable rules for the importation, sale, purchase and use of fireworks to be used solely for the purpose of frightening birds from crops.  Application for permits for importation, purchase and use by farmers shall be made to the board of selectmen or town fire wardens of the town in which the farmer intends to use such fireworks for the sole purpose of frightening birds from crops.  Permits shall be issued for such use only, at such times and such locations, as to present no fire or safety hazard within the area.

    Amended 1959, No. 147 .

History

Source. 1953, No. 93 , § 3.

Amendments--1959. Section amended generally.

Cross References

Cross references. Prohibited acts generally, see § 3132 of this title.

§ 3134. Seizure.

The state fire marshal, his or her deputy, a state police, a sheriff, a deputy sheriff, police officer, or constable may seize such articles held by a person in violation of this subchapter and hold the same subject to the order of the court taking jurisdiction of the offense.

History

Source. 1953, No. 93 , § 4.

§ 3135. Penalties.

Any person, firm, co-partnership, or corporation that:

  1. Violates this subchapter shall be guilty of a misdemeanor and subject to a fine of not more than $100.00 for each violation or imprisoned for not more than 30 days or both.
  2. Presents an indoor firework display without first receiving a permit as required in this subchapter shall be guilty of a misdemeanor and shall be subject to a fine of not more than $5,000.00 or imprisonment of not more than one year, or both.

    Amended 1967, No. 345 (Adj. Sess.), § 30, eff. April 1, 1969; 2003, No. 15 , § 3, eff. May 6, 2003.

History

Source. 1953, No. 93 , § 5.

Revision note. Pursuant to 1971, No. 199 (Adj. Sess.), § 17, deleted "in the state correctional facility" following "by imprisonment".

Amendments--2003. Rewrote subdiv. (1) and added subdiv. (2).

Amendments--1967 (Adj. Sess.). Substituted "state correctional facility" for "county jail".

§ 3136. Construction.

Being in the interest of public safety the provisions of this subchapter shall be liberally construed.

History

Source. 1953, No. 93 , § 6.

Revision note. The last sentence of this section, which provided that the provisions of the subchapter were to be construed as severable, was omitted as unnecessary.

CHAPTER 179. VERMONT FIRE SERVICE TRAINING COUNCIL

Sec.

History

Purpose. 1987, No. 164 (Adj. Sess.), § 1, provides: "It is the purpose of this act [which added this chapter] to encourage and assist municipalities, counties, private organizations and governmental agencies of this state in their efforts to improve the quality of fire safety services and citizen protection by requiring that full-time members of paid fire departments complete uniform basic training and continuing training courses, and to make such training available, on a voluntary basis, to other firefighters."

§ 3151. Definitions.

For the purposes of this chapter:

  1. "Council" means the Vermont Fire Service Training Council.
  2. "Fire service" means activities related to fire prevention, investigation or suppression, or fire-related rescue.
  3. "Firefighter" means a member of a state, municipal or county fire department or a privately organized fire department who is responsible for fire suppression, prevention or investigation, or fire-related rescue.
  4. "Full-time firefighter" means a firefighter who receives compensation for performing fire service duties of a predictable and continuing nature more than 32 hours per week and more than 25 weeks per year.

    Added 1987, No. 164 (Adj. Sess.), § 2.

§ 3152. Vermont Fire Service Training Council created.

  1. The Vermont Fire Service Training Council is created. The Council shall consist of 12 members. The Commissioner of Labor, the Commissioner of Public Safety, the Director of Fire Safety, the Commissioner of Forests, Parks and Recreation, the Secretary of Education, and the Commissioner of Health, or their designees, shall serve as ex officio members of the Council. Six members shall be appointed by the Governor for three-year terms. Of the appointed members, the Governor shall appoint one member who during incumbency is a representative of the Vermont Career Fire Chiefs Association; one member who, at the time of appointment, is a representative of the Professional Firefighters of Vermont; one member, who, at the time of appointment, is a representative of the Vermont Fire Chiefs Association and who is a fire chief of a volunteer fire department; one member who, at the time of appointment, is a representative of the Vermont State Firefighters Association and who is a volunteer firefighter; one member who during incumbency is an employee, officer, or director of an insurance company domiciled in this State and subject to the assessment under 32 V.S.A. § 8557 ; and one member of the public who is not involved in fire service. To the extent possible, appointments shall be geographically representative.
  2. Members of the Council shall be entitled to reimbursement for actual mileage traveled at the rate paid State employees.
  3. A majority of the members of the Council shall constitute a quorum.  The Council shall act only by vote of a majority of its members present and voting at a meeting at which there is a quorum.
  4. The Council shall meet at least twice a year. Special meetings may be called by the chairperson or upon request of a majority of the members of the Council.
  5. In the event of a vacancy occurring in the membership of the Council, the vacancy shall be filled in the same manner as the original appointment with a person whose appointment shall terminate on the date on which the original appointment would have terminated if the vacancy had not occurred.

    Added 1987, No. 164 (Adj. Sess.), § 2; amended 1995, No. 41 , § 1; 2003, No. 141 (Adj. Sess.), § 6, eff. April 1, 2005; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 8 , § 1; 2007, No. 190 (Adj. Sess.), § 35, eff. June 6, 2008; 2013, No. 92 (Adj. Sess.), § 261.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Secretary of Education" for "commissioner of education" following "Commissioner of Forests, Parks and Recreation,".

Amendments--2007 (Adj. Sess.). Subsec. (a): Substituted "12" for "11" in the second sentence, "Six" for "Five" at the beginning of the fourth sentence, and inserted "one member who during incumbency is an employee, officer, or director of an insurance company domiciled in this state and subject to the assessment under 32 V.S.A. § 8557" in the fifth sentence.

Amendments--2007. Subsec. (b): Substituted "mileage traveled at the rate paid state employees" for "and necessary expenses incurred in the performance of their duties" following "actual".

Subsec. (d): Substituted "a majority of the" for "seven" preceding "members".

Amendments--2005 (Adj. Sess.). Subsec. (a): Substituted "commissioner of labor" for "commissioner of labor and industry" in the first sentence.

Amendments--2003 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1995 Subsec. (a): Deleted "his or her" preceding "incumbency" in the fourth sentence and inserted "the Vermont career firefighters association" following "Vermont fire chiefs association" in the fifth sentence.

Initial terms of members of council. 1987, No. 164 (Adj. Sess.), § 3(a), provides: "Notwithstanding the provisions of section 3152 of Title 20, the initial terms for members of the Vermont Fire Service Training Council appointed by the governor shall be as follows: the member who is employed on a full-time basis as fire chief of a municipal fire department shall serve for an initial term of two years; one member who is a fire chief of a volunteer fire department shall serve for an initial term of two years; of the members who are not fire chiefs but are involved in fire service, the full-time firefighter member shall serve for an initial term of two years."

Cross References

Cross references. Appointment, powers and duties of chief fire service training officer, see § 3154 of this title.

§ 3153. Powers and duties.

  1. The council shall:
    1. establish by rules adopted pursuant to chapter 25 of Title 3 (Administrative Procedure Act):
      1. minimum basic training courses for full-time firefighters and minimum basic training courses which shall be made available, on a voluntary basis, to other firefighters. Courses for persons who are not full-time firefighters shall be reasonable in terms of length, cost, location, and availability in light of the rural nature of the state and the high percentage of volunteer participation in fire service. They shall incorporate any distinct or limited functions performed by such firefighters;
      2. standards for approval of fire service training courses, certification of instructors, and the grounds for revocation of approval or certification;
      3. training requirements for certification and recertification of firefighters;
      4. standards for recertification of firefighters who have not maintained their certification;
      5. standards relating to waivers of the training requirements of section 3155 of this title;
    2. encourage local governmental units to participate in the training programs established under this chapter and aid in the establishment of adequate training facilities;
    3. serve as the lead agency for hazardous chemical or substance incident training provided to fire service personnel statewide. All state agencies providing such training to fire service personnel shall coordinate the training with the Vermont fire service training council.
  2. The council may:
    1. subject to the provisions of 32 V.S.A. § 5 , accept contributions, capital grants, gifts, services and funds from any source; and
    2. sell hats, shirts and other memorabilia. Proceeds from these sales shall be retained by the council to support the purposes of this chapter; and
    3. perform such acts as may be necessary or appropriate to carry out the purposes of this chapter.

      Added 1987, No. 164 (Adj. Sess.), § 2; amended 1993, No. 194 (Adj. Sess.), § 12, eff. June 14, 1994; 1995, No. 63 , § 73, eff. May 4, 1995; 1997, No. 74 (Adj. Sess.), § 1; 1999, No. 49 , § 195; 2007, No. 8 , § 2.

History

Amendments--2007. Subsec. (a): Rewrote the subsection.

Amendments--1999. Subsec. (a): Deleted subdiv. (2)(H) and added subdiv. (5).

Amendments--1997 (Adj. Sess.). Subdiv. (a)(2)(E): Added "certification and".

Amendments--1995 Subsec. (b): Added a new subdiv. (2) and redesignated former subdiv. (2) as subdiv. (3).

Amendments--1993 (Adj. Sess.) Subdiv. (a)(3): Made a minor punctuation change.

Subdiv. (a)(4): Added.

§ 3154. Chief fire service training officer; powers and duties.

  1. Subject to the approval of the governor, the commissioner of public safety shall appoint a chief fire service training officer. The commissioner shall seek the recommendation of the council before selecting a chief fire service training officer for the governor's approval. The chief fire service training officer shall:
    1. have administrative experience and be knowledgeable about matters relating to fire service;
    2. be an exempt state employee; and
    3. hold office at the pleasure of the commissioner.
  2. The chief fire service training officer shall have the following powers and duties which shall be exercised under the supervision of the director of fire safety and in accordance with rules adopted by the council:
    1. to certify instructors;
    2. to certify firefighters;
    3. to certify fire officers;
    4. to certify satisfactory completion of other courses;
    5. to consult and cooperate with fire service training schools and other allied agencies;
    6. to perform such other acts as may be necessary or appropriate to carry out his or her powers and duties under this chapter.

      Added 1987, No. 164 (Adj. Sess.), § 2; amended 2003, No. 141 (Adj. Sess.), § 7, eff. April 1, 2005; 2005, No. 8 , § 4, eff. April 25, 2005; 2007, No. 8 , § 3.

History

Amendments--2007. Section heading: Substituted "Chief fire service training officer" for "Executive director".

Subsec. (b): Rewrote the subsection.

Amendments--2005. Subsec. (a): Amended generally.

Subsec. (b): Substituted "chief fire service training officer" for "director" preceding "shall have" in the introductory paragraph.

Amendments--2003 Subsec. (a): Substituted "commissioner of public safety" for "council" in the first sentence, added the second sentence, and substituted "commissioner" for "council" in the last sentence.

Amendments--2003 (Adj. Sess.). Subsec. (b): Substituted "director of fire safety" for "council" following "supervision of the" in the introductory language.

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which amends subsecs. (a) and (b), shall take effect April 1, 2005.

§ 3155. Training required.

  1. A full-time firefighter shall complete a minimum basic training course approved by the council and the continuing training required by the council for recertification in the time and manner prescribed by the council.
  2. Upon written request from a chief of a fire department, the council may waive the training required under this section.

    Added 1987, No. 164 (Adj. Sess.), § 2; amended 2007, No. 8 , § 4.

History

Amendments--2007. Subsec. (a): Substituted "complete" for "not participate in fire service activities unless he or she completes" and inserted "in the time and manner prescribed by the council" following "recertification".

Subsec. (b): Deleted text of former subsec. (b), and redesignated former subsec. (c) as present subsec. (b).

Exemptions from basic training requirements of section. 1987, No. 164 (Adj. Sess.), § 3(b), provides: "The basic training requirements of section 3155 of Title 20 shall not apply to any person who, prior to the effective date of this act, completes the basic training courses (45 hours or the essentials of firefighting) offered by the Vermont state firefighters association or the Springfield basic fire service training course."

§ 3156. Repealed. 2007, No. 8, § 6.

History

Former § 3156. Former § 3156, relating to additional firefighter training, was derived from 1987, No. 164 (Adj. Sess.), Sec. 2 and amended by 2005, No. 8 , Sec. 5.

§ 3157. Division of Fire Safety Special Fund.

The Division of Fire Safety Special Fund is established. The Fund shall be administered by the Commissioner of Public Safety. Payments from the Fund may be made to support training programs and activities authorized by this chapter, maintenance and operation of any permanent training facilities operated by the Division of Fire Safety and the administrative expenses of the Division of Fire Safety. The Fund shall consist of all monies received from tuitions, contributions, capital grants, or other funds received by the Council, transfers from the Insurance Regulatory and Supervision Fund pursuant to 8 V.S.A. § 80(c) , and assessments of insurance companies under 32 V.S.A. § 8557(a) , together with monies appropriated to the Fund. Monies remaining in the Fund at the end of any fiscal year shall be carried forward and remain in the Fund. Disbursement from the Fund shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management.

Added 1987, No. 164 (Adj. Sess.), § 2; amended 2001, No. 143 (Adj. Sess.), § 4; 2003, No. 141 (Adj. Sess.), § 8, eff. April 1, 2005; 2005, No. 71 , § 269, eff. June 21, 2005; 2007, No. 8 , § 5; 2021, No. 20 , § 190.

History

Revision note. At the end of the fifth sentence, substituted "commissioner of finance and management" for "commissioner of finance" in light of 1983. No. 195 (Adj. Sess.), § 5(b), which renamed the commissioner of finance as the commissioner of finance and information support, and Executive Order No. 35-87, which provided for the abolition of the department of finance and information support and the transfer of duties, responsibilities and authority of the commissioner of finance and information support to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35-87 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 1 of Title 3 Appendix.

Amendments--2021. Section amended generally.

Amendments--2007. Substituted "division of fire safety" for "fire service training council" in the section heading, in the first sentence, and for "council" in two places in the second sentence.

Amendments--2005 Inserted "transfers from the insurance regulatory and supervision fund under subsection 80(b) of Title 8" in the third sentence.

Amendments--2003 (Adj. Sess.). Substituted "commissioner of public safety" for "council" following "administered by the" in the second sentence.

Amendments--2001 (Adj. Sess.) Substituted "special fund" for "revolving fund" in the first sentence, and inserted "and assessments of insurance companies under subsection 8557(a) of Title 32" in the third sentence.

Effective date of enactment. 2003, No. 141 (Adj. Sess.), § 15 provides that that act, which amends subsecs. (a) and (b), shall take effect April 1, 2005.

Cross References

Cross references. Apportionment of payments into fund by insurance companies for council operating expenses, see 32 V.S.A. § 8557.

CHAPTER 181. BENEFITS FOR THE SURVIVORS OF EMERGENCY PERSONNEL

Sec.

History

Amendments--2005 2005, No. 33 , § 1, substituted "emergency personnel" for "firefighters" in the chapter heading.

Applicability of chapter. 2001, No. 119 (Adj. Sess.), § 4 provides: "This act [which enacted this chapter] shall take effect on July 1, 2002, and shall only apply to claims arising on or after that date."

Appropriation. 2001, No. 119 (Adj. Sess.), § 3, eff. July 1, 2002, provided: "The sum of $60,000.00 is appropriated from the general fund in fiscal year 2003 to the Firefighters' Survivors Benefit Expendable Trust Fund, established under section 3175 of Title 20. Of this amount, $50,000.00 shall be used for the distribution of monetary benefits as described in chapter 181 of Title 20, and $10,000.00 shall be used by the State Treasurer's Office for the payment of advertising expenses and per diem expenses of the public member of the board."

§ 3171. Definitions.

For purposes of this chapter:

  1. "Board" means the emergency personnel survivors benefit review board.
  2. "Child" means a natural or legally adopted child, regardless of age.
  3. "Emergency personnel" means:
    1. firefighters as defined in subdivision 3151(3) of this title;
    2. ambulance service, emergency medical, first responder service, and volunteer personnel as defined in 24 V.S.A. § 2651 .
  4. "Line of duty" means:
    1. answering or returning from a call of the department for a fire, or emergency or training drill; or
    2. similar service in another town or district to which the department has been called for firefighting or emergency purposes.
  5. "Occupation-related illness" means a disease that directly arises out of, and in the course of, service, including a heart injury or disease symptomatic within 72 hours from the date of last service in the line of duty, which shall be presumed to be incurred in the line of duty.
  6. "Parent" means a natural or adoptive parent.
  7. "Survivor" means a spouse, child, or parent of emergency personnel.

    Added 2001, No. 119 (Adj. Sess.), § 1; amended 2005, No. 33 , § 1.

History

Amendments--2005 Subdiv. (1): Substituted "emergency personnel" for "firefighters".

Subdiv. (3): Amended generally.

Subdiv. (7): Made a minor change in punctuation and substituted "emergency personnel" for "a firefighter".

Applicability of chapter. See note preceding § 3171 of this title.

§ 3172. Emergency personnel survivors benefit review board.

  1. There is created the emergency personnel survivors benefit review board which shall consist of the state treasurer or designee, the attorney general or designee, the executive director of the Vermont fire service training council or designee, and one member of the public to represent the interests of emergency personnel appointed by the governor for a term of two years. Survivors of emergency personnel, employed by or who volunteer for the state of Vermont, a county or municipality of the state, or a nonprofit entity which provides services in the state, who die in the line of duty or of an occupation-related illness may request the board award a monetary benefit under section 3173 of this title. The board shall be responsible for determining whether to award monetary benefits under section 3173. A decision to award monetary benefits shall be made by unanimous vote of the board, and shall be made within 60 days after the receipt of all information necessary to enable the board to determine eligibility. The board may request any information necessary for the exercise of its duties under this section. Nothing in this section shall prevent the board from initiating the investigation or determination of a claim before being requested by a survivor or employer of emergency personnel.
  2. Within 10 days after the board has reached its decision, it shall notify the named survivors of its decision by certified mail. If the board denies the claim, the named survivors shall have 60 days from the date of receiving the denial to file an appeal with the superior court in the county in which the deceased was employed or was an authorized volunteer.
  3. If the board decides to award a monetary benefit, the benefit shall be paid to the surviving spouse or, if the emergency personnel had no spouse at the time of death, to the surviving child, or equally among surviving children. If the deceased emergency personnel is not survived by a spouse or child, the benefit shall be paid to a surviving parent, or equally between surviving parents. If the deceased emergency personnel is not survived by a spouse, children, or parents, the board shall not award a monetary benefit under this chapter.
  4. Upon a board decision to award a monetary benefit under this chapter, the treasurer shall make payment to the beneficiaries as described in subsection (c) of this section.
  5. The state treasurer's office shall provide staff, office space, and any other reasonable and necessary resources to the board.
  6. The member of the public appointed by the governor shall be entitled to per diem compensation authorized under 32 V.S.A. § 1010 for each day spent in the performance of his or her duties.

    Added 2001, No. 119 (Adj. Sess.), § 1; amended 2005, No. 33 , § 1.

History

Amendments--2005 Section heading: Substituted "emergency personnel" for "firefighters'".

Subsec. (a): Substituted "emergency personnel" for "firefighters'" and inserted "to represent the interests of emergency personnel" in the first sentence, rewrote the second sentence, and substituted "emergency personnel" for "a firefighter" in the last sentence.

Subsec. (c): Substituted "emergency personnel" for "firefighter" wherever it appeared throughout the subsection.

Applicability of chapter. See note preceding § 3171 of this title.

§ 3173. Monetary benefit.

  1. The survivors of emergency personnel who dies while in the line of duty or from an occupation-related illness may apply for a payment of $50,000.00 from the state.
  2. The state treasurer shall disburse from the trust fund established in section 3175 of this title the monetary benefit described in subsection (a) of this section, and shall adopt necessary procedures for the disbursement of such funds.

    Added 2001, No. 119 (Adj. Sess.), § 1; amended 2005, No. 33 , § 1; 2011, No. 3 , § 85, eff. Feb. 17, 2011.

History

Amendments--2011. Subsec. (b): Deleted the former second sentence.

Amendments--2005 Subsec. (a): Substituted "emergency personnel" for "a firefighter".

Applicability of chapter. See note preceding § 3171 of this title.

§ 3174. Board standards; guidelines; procedures.

  1. The board shall adopt standards, guidelines, and procedures for:
    1. determining whether and how monetary benefits shall be paid under this chapter;
    2. what information must initially be filed with a claim under this chapter; and
    3. administering the provisions of this chapter.
  2. Standards, guidelines, and procedures adopted under this section shall be exempt from the requirements of chapter 25 of Title 3.

    Added 2001, No. 119 (Adj. Sess.), § 1.

History

Applicability of chapter. See note preceding § 3171 of this title.

§ 3175. Emergency Personnel Survivors Benefit Special Fund.

  1. The Emergency Personnel Survivors Benefit Special Fund is established in the Office of the State Treasurer for the purpose of the payment of claims distributed pursuant to this chapter.  The Fund shall comprise appropriations made by the General Assembly and contributions or donations from any other source.  All balances in the Fund at the end of the fiscal year shall be carried forward.  Interest earned shall remain in the Fund.
  2. [Repealed.]

    Added 2001, No. 119 (Adj. Sess.), § 1; amended 2005, No. 33 , § 1; 2007, No. 65 , § 288; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.

History

Amendments--2011 (Adj. Sess.). Subsec. (b): Repealed.

Amendments--2007. Substituted "special" for "expendable trust" preceding "fund" in the section heading and in first sentence of subsec. (a) and deleted "trust" preceding "fund" in the second sentence.

Amendments--2005 Section heading: Substituted "emergency personnel" for "firefighters'".

Subsec. (a): Substituted "emergency personnel" for "firefighters'" in the first sentence, and "comprise" for "be comprised of" preceding "appropriations" in the second sentence.

Subsec. (b): Made a minor change in punctuation.

Applicability of chapter. See note preceding § 3171 of this title.

Appropriation. 2001, No. 119 (Adj. Sess.), § 3, eff. July 1, 2002, provided: "The sum of $60,000.00 is appropriated from the general fund in fiscal year 2003 to the Firefighters' Survivors Benefit Expendable Trust Fund, established under section 3175 of Title 20. Of this amount, $50,000.00 shall be used for the distribution of monetary benefits as described in chapter 181 of Title 20, and $10,000.00 shall be used by the State Treasurer's Office for the payment of advertising expenses and per diem expenses of the public member of the board."

PART 8 Animals

Cross References

Cross references. Criminal offenses relating to animals generally, see 13 V.S.A. chapter 8.

Liens on animals, see 9 V.S.A. chapter 51, subchapter 8.

Livestock disease control, see 6 V.S.A. chapter 102.

Regulation of practice of veterinary medicine, see 26 V.S.A. chapter 44.

Sales of animals, see § 9A V.S.A. article 2.

Security interests in animals, see 9A V.S.A. article 9.

CHAPTER 191. CONTROL GENERALLY

Article 1. General Provisions.

Article 2. Impounding Generally; Proceedings.

Article 3. Animals Running at Large.

Article 4. Breaking Open Pound; Escapes and Rescues.

Cross References

Cross references. Regulation and control of dogs, see chapter 193 of this title.

Regulation of care and feeding of animals, see chapter 194 of this title.

Subchapter 1. General Provisions

Cross References

Cross references. Impoundment of animals running at large, see chapter 191, subchapter 2, article 3 of this title.

§ 3341. Cattle, horses, sheep, goats, or swine.

A person who knowingly permits cattle, horses, sheep, goats, or swine to run at large in a public highway, or yard belonging to a public building, without the consent of the selectmen, shall be fined not more than $10.00 nor less than $3.00.

Amended 1981, No. 114 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 7577. P.L. § 8241. G.L. § 6693. P.S. § 5586. R. 1906, § 5446. V.S. § 4789. 1882, No. 52 , § 1. R.L. § 4000. 1872, No. 25 . G.S. 100, §§ 29, 30. 1854, No. 38 . 1853, No. 43 . R.S. 13, § 77. R.S. 14, § 2. R.S. 88, § 6. 1819, p. 33. R. 1797, p. 299, § 32. R. 1797, p. 376, § 17. 1794, p. 111. R. 1787, p. 149.

Amendments--1981 (Adj. Sess.). Inserted "goats" following "sheep".

ANNOTATIONS

Analysis

1. Construction of section.

Running at large is used in the section in the sense of strolling without restraint or confinement, as wandering, roving, or rambling at will, unrestrained. Russell v. Cone, 46 Vt. 600 (1874).

As to the nature, character and amount of restraint necessary to be exercised over a domestic animal when permitted to be on a highway incident to its use, there is no general rule under the statute: The restraint need not be entirely physical; it may depend much upon the training, habits, and instincts of the animal in the particular case; and the sufficiency of the restraint is to be determined more from its effect upon, and controlling and restraining influence over, the animal, than from the nature or kind. Russell v. Cone, 46 Vt. 600 (1874).

2. Application of section .

An instruction of the court to the jury that if a horse, after the defendant left it to go back home, was out of control of him and his son, and running about in the highway, at liberty to follow its own instincts and inclinations, and to go wherever it would, it was running at large within the meaning of the section, was, as a general proposition, correct. Russell v. Cone, 46 Vt. 600 (1874).

*3. Particular cases.

Where the defendant, or his son, kept so near a horse that, owing to its training, it would not wander about the highway when thus left, and would, and did, on such occasions go directly back to the defendant's premises, or to his son, it was not running at large within the meaning of this section. Russell v. Cone, 46 Vt. 600 (1874).

§ 3342. Public park, common, or green.

A person who permits cattle, horses, sheep, goats, or swine to run at large in a public park, common, or green, without the consent of the selectmen, shall be fined not more than $25.00 nor less than $5.00.

Amended 1981, No. 114 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 7578. P.L. § 8242. 1933, No. 157 , § 7879. G.L. § 6694. P.S. § 5587. R. 1906, § 5447. V.S. §§ 4792, 4793. 1894, No. 82 . 1882, No. 52 , §§ 1, 2.

Amendments--1981 (Adj. Sess.). Inserted "goats" following "sheep".

§ 3343. Yard of townhouse, church, or schoolhouse.

A person who turns cattle, horses, sheep, goats, or swine into a yard belonging to a townhouse, church, or schoolhouse, which is properly enclosed, or knowingly permits them to run in such a yard, shall be fined not more than $10.00 nor less than $3.00.

Amended 1981, No. 114 (Adj. Sess.), § 1; 2021, No. 20 , § 191.

History

Source. V.S. 1947, § 7579. P.L. § 8243. G.L. § 6695. P.S. § 5588. V.S. § 4790. R.L. § 4001. G.S. 113, § 55. 1857, No. 59 .

Amendments--2021. Substituted "in such a yard" for "therein".

Amendments--1981 (Adj. Sess.). Inserted "goats" following "sheep".

§ 3344. Burial ground.

A person who knowingly turns cattle, horses, sheep, goats, or swine into a properly enclosed burial ground, or who knowingly permits them to run within a properly enclosed burial ground, shall be fined $25.00.

Amended 1981, No. 114 (Adj. Sess.), § 1; 2021, No. 20 , § 192.

History

Source. V.S. 1947, § 7580. P.L. § 8244. G.L. § 6696. P.S. § 5589. V.S. § 4791. R.L. § 4002. G.S. 18, § 6. 1854, No. 45 , § 1.

Amendments--2021. Added "properly enclosed" preceding "burial ground"; and substituted "them" for "the same" and "within a properly enclosed burial ground" for "therein if it is properly enclosed".

Amendments--1981 (Adj. Sess.). Inserted "goats" following "sheep".

Cross References

Cross references. Liability for damages caused by animals in public burial grounds, see 18 V.S.A. §§ 5365 and 5366.

§ 3345. Land or premises of another.

A person who knowingly permits his cattle, horses, sheep, goats, swine, or domestic fowls to go upon the lands or premises of another, after the latter has given the owner notice thereof, shall be fined not more than $10.00 nor less than $2.00. Such person shall also be liable for the damages suffered which may be recovered in a civil action.

Amended 1981, No. 114 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 7583. 1945, No. 178 , § 1. P.L. § 8247. G.L. § 6699. P.S. § 5592. V.S. § 4796. R.L. § 4005. 1880, No. 48 .

Revision note. At the end of the second sentence, substituted "a civil action" for "an action of tort on this statute" pursuant to 1971, No. 185 (Adj. Sess.), § 236(c), (d), which is set out as a note under section 219 of Title 4. See V.R.C.P. 2.

Amendments--1981 (Adj. Sess.). Inserted "goats" following "sheep" in the first sentence.

ANNOTATIONS

Analysis

1. Construction of section.

The phrase "knowingly permits" in this section is to be construed the same as the like phrase in § 3341 of this title. State v. Clark, 118 Vt. 131, 101 A.2d 868 (1954).

Merely permitting cattle to go at large implies knowledge, consent or willingness on the part of the owner or the custodian, or such negligent conduct as is equivalent thereto. State v. Clark, 118 Vt. 131, 101 A.2d 868 (1954).

2. Application of section.

As used in this section, the word "knowingly" imports a knowledge of the essential facts from which the law presumes a knowledge of the legal consequences arising therefrom; therefore, for example, if one pastures his cattle unattended in an unfenced field, which abuts upon a highway and adjoins land of another located upon the same highway, and the cattle go therefrom into and along the highway and go upon such adjoining land, he has knowingly neglected to restrain them, because of the well known tendency of cattle in such circumstances to stray, and the same rule also applies when the cattle escape through a defective fence between the field and highway, when the owner knows that the cattle will be likely to escape through such fence. State v. Clark, 118 Vt. 131, 101 A.2d 868 (1954).

3. Burden of proof.

In a prosecution under this section the state must prove facts which will justify a jury in finding beyond a reasonable doubt that cattle went on the land of another, either by voluntary act of the owner or custodian, or by reason of his having knowingly neglected to restrain them. State v. Clark, 118 Vt. 131, 101 A.2d 868 (1954).

Where, in a prosecution under this section, the evidence relied on to show that the owner knowingly neglected to restrain his cattle from going on the land of another is entirely circumstantial, the circumstances proved must exclude every reasonable hypothesis except that the owner is guilty. State v. Clark, 118 Vt. 131, 101 A.2d 868 (1954).

§ 3346. Bulls.

The owner or keeper of a bull may be fined not more than $100.00 if such bull is more than nine months old and found unattended outside the premises owned or occupied by the owner or keeper of such bull and shall be liable to a party damaged by such bull while outside the premises of such owner or keeper. The damages may be recovered in a civil action.

History

Source. 1949, No. 191 . V.S. 1947, § 7581. P.L. § 8245. 1921, No. 208 , § 1. G.L. § 6697. P.S. § 5590. V.S. § 4794. 1884, No. 71 . R.L. § 4003. G.S. 100, § 16. 1858, No. 39 .

Revision note. At the end of the second sentence, substituted "a civil action" for "an action of tort on this statute" pursuant to 1971, No. 185 (Adj. Sess.), § 236(c), (d), which is set out as a note under section 219 of Title 4. See V.R.C.P. 2.

ANNOTATIONS

Cited. State v. Peters, 141 Vt. 341, 450 A.2d 332 (1982).

§ 3347. Rams.

  1. Rams shall not be allowed to go at large between August 1 and December 1 in each year.  The owner or keeper of a ram shall be liable for damages sustained by a person in consequence of such ram going at large during such time.
  2. If during such time a ram is found with sheep other than those of its owner or keeper, and not in his enclosure, the owner or keeper of such sheep may recover $5.00 of the owner or keeper of such ram, in a civil action.

History

Source. V.S. 1947, §§ 7584, 7585. P.L. §§ 8248, 8249. G.L. §§ 6700, 6701. P.S. §§ 5593, 5594. V.S. §§ 4797, 4798. R.L. §§ 4006, 4007. G.S. 103, §§ 1, 5, 6. 1856, No. 54 , § 1. R.S. 13, § 77. R.S. 91, §§ 1, 5, 6. 1831, No. 10 , §§ 1, 2. 1817, p. 107, 108. 1804, Jan., p. 13. R. 1797, p. 299, § 32. 1792, p. 79.

Revision note. At the end of subsec. (b), substituted "a civil action" for "an action of tort on this statute" pursuant to 1971, No. 185 (Adj. Sess.), § 236(c), (d), which is set out as a note under section 219 of Title 4. See V.R.C.P. 2.

ANNOTATIONS

Analysis

1. Construction of section generally.

The penalties in subsections (b) and (c) of this section are distinct and independent and both may be enforced by the same person. Town v. Lamphere, 34 Vt. 365 (1861), see also Hall v. Adams, 2 Aik. 130 (1827).

2. Nature of liability of owner or keeper generally.

When two or more rams owned by different persons escaped together and were found with the sheep of another, the owner of each was liable to the penalty for the escape of his own ram, and payment by one of the penalty that he was subject to for escape of his ram was no discharge of the liability of the other. Town v. Lamphire, 37 Vt. 52 (1864).

The owner or keeper of a ram was bound to restrain him at all events during the season prescribed in subsection (a) of this section and could not rely for defense in an action under subsection (b) of the section on the promise of an adjoining owner to keep up a legal fence. Town v. Lamphire, 37 Vt. 52 (1864).

Subsection (b) of this section is violated if a ram is found off its owner's or keeper's premises and with the sheep of another, unless this was caused by some positive wrongful act of the prosecutor of the action himself, or could not have been prevented by the utmost care and diligence of the owner or keeper. Town v. Lamphire, 36 Vt. 101 (1863).

The neglect of the prosecutor of an action under subsection (b) of this section to maintain and keep in repair his portion of a division fence through which a ram escaped was not a positive wrongful act as would excuse the owner or keeper of the ram from liability. Town v. Lamphire, 36 Vt. 101 (1863).

3. Liability of bailee.

When the owner or keeper of a ram was the bailee of the sheep of another, and the parties had made no express stipulations by contract as to the manner in which the sheep would be kept, or the care which the bailee should take of them, the bailee was required to keep them separate and apart from his ram during the period the section requires him to restrain it from being at large. Phelps v. Paris, 39 Vt. 511 (1867).

4. Evidence.

In an action to recover the penalty under subsection (b) of this section, evidence in respect to the character of a fence through which the ram escaped, or between the land where the ram was pastured and the land to which he escaped, was not admissible. Town v. Lamphire, 37 Vt. 52 (1864).

§ 3348. Marking.

  1. On or before August 1 in each year, the owner or keeper of a ram shall place on its body in durable and legible characters the initials of his or her name.
  2. If a ram is found at large out of the enclosure and possession of its owner or keeper between August 1 and December 1, without being marked as provided in subsection (a), the person taking and securing it may recover $5.00 of the owner or keeper, to be recovered in a civil action.
  3. If a person takes up and secures a ram thus found at large with such initials upon its body, he or she shall give notice within two days to the owner thereof, if known, and if not known, shall post in a public place near where the same was found, a written notice describing the marks upon its body and the place where secured.  If the owner, within six days thereafter, tenders or pays to such person $3.00, the ram shall be restored, otherwise it shall become the property of such person.

History

Source. V.S. 1947, §§ 7586-7588. P.L. §§ 8250-8252. G.L. §§ 6702-6704. P.S. §§ 5595-5597. V.S. §§ 4799-4801. R.L. §§ 4008-4010. G.S. 104, §§ 2, 3, 4. 1855, No. 37 . R.S. 91, §§ 2, 3, 4. 1817, p. 107.

Revision note. At the end of subsec. (b), substituted "a civil action" for "an action of tort on this statute" pursuant to 1971, No. 185 (Adj. Sess.), § 236(c), (d), which is set out as a note under section 219 of Title 4. See V.R.C.P. 2.

ANNOTATIONS

1. Construction of section.

The purpose of the provision requiring the owner or keeper of ram to place thereon the initials of his name was to furnish a means of identifying the owner or keeper of a ram found going at large and with sheep other than those of the owner or keeper of the ram. Severance v. Elliott, 75 Vt. 421, 56 A. 85 (1903).

Marking a ram with a single initial of the owner's name was not in compliance with this section since it did not serve the statutory purpose of permitting identification of the owner. Severance v. Elliott, 75 Vt. 421, 56 A. 85 (1903).

§ 3349. Stallions.

  1. An owner or keeper of a stallion, more than one year old, who intentionally or negligently permits the stallion to run at large out of the enclosure of the owner or keeper, shall be fined for each instance not more than $500.00 nor less than $100.00 and shall also be liable to a party injured for the damage done by the stallion while running at large.
  2. A person who owns or keeps a stallion over one year of age, between April 1 and December 1, in a private enclosure in a manner that disturbs and annoys the owner or occupant of adjoining premises shall be fined $5.00 for each week that the owner or keeper keeps the stallion after the owner or keeper has received three days' notice from an adjoining owner or occupant to remove the stallion.

    Amended 1997, No. 16 , § 2; 2021, No. 20 , § 193.

History

Source. V.S. 1947, §§ 7582, 8593. P.L. §§ 8246, 8735. G.L. §§ 6698, 7113. P.S. §§ 5591, 5971. R. 1906, § 5846. V.S. §§ 4795, 5152. R.L. §§ 4004, 4326. 1880, No. 42 . G.S. 100, § 17. R.S. 88, § 17. R. 1797, p. 371, § 10. R. 1787, p. 143.

Amendments--2021. Section amended generally.

Amendments--1997 Subsec. (a): Inserted "for each instance" following "shall be fined" and substituted "$500.00" for "$40.00" and "$100.00" for "$10.00".

ANNOTATIONS

1. Tort action.

Consistent with Vermont statutory law, because a noncustodial landowner had no connection to the ownership, management, or control of an injurious horse owned by a tenant or the fence that contained the horse, the landowner had no duty to prevent the horse from escaping and harming passing motorists. Deveneau v. Wielt, 201 Vt. 396, 144 A.3d 324 (2016).

In an action of tort brought under this section for the death of plaintiff's decedent from injuries inflicted by a stallion running at large, whether the defendant, who had not willfully permitted the animal to go at large, had otherwise taken adequate precautions to prevent the escape of the animal, and whether the defendant's negligence, if any, caused the decedent's injury, were properly questions for the jury. Woodcock's Administrator v. Hallock, 98 Vt. 284, 127 A. 380 (1925).

§ 3350. The disposition of feral swine.

  1. The General Assembly finds that feral swine, as defined in 10 V.S.A. § 4709 , have the potential for spreading serious disease to domestic livestock, may cause devastating destruction to natural ecosystems, and pose a threat to human health and safety.
  2. In light of the potential impacts of feral swine, and notwithstanding the provisions of law in this chapter, the Department of Fish and Wildlife may destroy or euthanize a feral swine in accordance with the requirements of 10 V.S.A. § 4709(f) .
  3. The exercise by the Department of Fish and Wildlife of the authority under 10 V.S.A. § 4709(f) shall not prevent any person from pursuing or collecting the remedies set forth in this chapter.

    Added 2019, No. 129 (Adj. Sess.), § 23.

History

Former § 3350. Former § 3350, relating to registration of stallions with town clerks, was derived from V.S. 1947, §§ 8594-8596; P.L. §§ 8736-8738; 1919, No. 219 , § 7; G.L. § 7114; P.S. § 5972; 1906, No. 183 , §§ 1, 2; 1904, No. 150 , §§ 1, 2; V.S. § 5153; 1888, No. 104 , §§ 1, 2; and amended by 1971, No. 84 , § 10; 1993, No. 170 (Adj. Sess.), § 11 and was repealed by 1997, No. 16 , § 4.

Subchapter 2. Pounds and Impounding

ARTICLE 1. General Provisions

§ 3381. Maintenance of pounds.

    1. Each organized town shall maintain as many good and sufficient pounds as it may need for the impounding of animals liable to be impounded. (a) (1)  Each organized town shall maintain as many good and sufficient pounds as it may need for the impounding of animals liable to be impounded.

    The pound may be kept in an adjacent town if the adjacent town consents and the poundkeeper may be a resident of an adjacent town.

  1. Each town may regulate the operation of its pounds except as to matters regulated by law.

    Amended 1963, No. 74 , § 1; 2017, No. 130 (Adj. Sess.), § 9.

History

Source. V.S. 1947, § 7552. P.L. § 8216. G.L. § 6668. P.S. § 5561. V.S. § 4764. R.L. § 3975. G.S. 100, § 1. R.S. 88, § 1. R. 1797, p. 365, § 1. R. 1787, p. 118.

Amendments--2017 (Adj. Sess.) Added the subsec. (a) and (b) designations and substituted "animals" for "beasts" in subdiv. (a)(1) and "law" for "statute" in subsec. (b).

Amendments--1963. Added the second and third sentences.

Cross References

Cross references. Impoundment of animals by private persons, see § 3383 of this title.

ANNOTATIONS

1. Generally.

It is to be presumed, in the absence of a contrary showing, that a town has obeyed the statutory mandate as to providing at least one good and sufficient pound. Dunbar v. Godbout, 105 Vt. 448, 168 A. 551 (1933); Vosburgh v. Kimball, 130 Vt. 27, 285 A.2d 766 (1971).

§ 3382. Repealed. 2017, No. 130 (Adj. Sess.), § 9.

History

Former § 3382. Former § 3382, relating to penalty for failure to maintain pound, was derived from V.S. 1947, § 7553.

§ 3383. Impounding, when no pounds.

If a town does not have such pound, a person wishing to impound an animal may use his or her barn or some other enclosure for that purpose, notifying the owner of such animal where the same is impounded.

History

Source. V.S. 1947, § 7554. P.L. § 8218. G.L. § 6670. P.S. § 5563. V.S. § 4766. R.L. § 3977. G.S. 100, § 3. R.S. 88, § 3. R. 1797, p. 365, § 1.

2018. Substituted "animal" for "beast" in two places in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Cross References

Cross references. Duty of towns to maintain pounds, see § 3381 of this title.

Proceedings upon impoundments, see chapter 191, subchapter 2, article 2 of this title.

ANNOTATIONS

Analysis

1. Right to impound animals on private property.

If there is a sufficient pound in the town, cattle taken damage feasant cannot be legally impounded elsewhere. Dunbar v. Godbout, 105 Vt. 448, 168 A. 551 (1933).

When there is not a sufficient pound in a town, one may impound in an enclosure of another person as well as in his own. Riker v. Hooper, 35 Vt. 457 (1862).

2. Presumptions.

It is to be presumed, in absence of a contrary showing, that a town has complied with § 3381 of this title, requiring a town to maintain a pound. Vosburgh v. Kimball, 130 Vt. 27, 285 A.2d 766 (1971).

§ 3384. Security to poundkeeper.

When a person impounds an animal, the poundkeeper may require sufficient security to indemnify him or her for liability for detaining the animal, and for supplying it with food and drink while in the pound. If the person so impounding does not furnish such security within 24 hours, he or she may release the animal and deliver the same to the owner or keeper, and the person impounding the animal shall be liable to the poundkeeper for his or her costs, trouble and expense.

History

Source. V.S. 1947, § 7574. P.L. § 8238. G.L. § 6690. P.S. § 5583. V.S. § 4786. R.L. § 3997. G.S. 100, § 27. 1859, No. 27 , § 1.

2018. Substituted "animal" for "beast" in four places in accordance with 2017, No. 130 (Adj. Sess.), § 10.

ANNOTATIONS

1. Liability for wrongful taking and impounding.

This section, providing that in certain instances the poundkeeper may require security of the impounder, does not, by implication or otherwise, impose liability upon the poundkeeper to be liable for the wrongful act of the impounder in taking and impounding an animal. Mattison v. Turner, 70 Vt. 113, 39 A. 635 (1897).

ARTICLE 2. Impounding Generally; Proceedings

ANNOTATIONS

Analysis

1. Purpose of statute .

The object of the statute is to compel the owners of animals to restrain their animals from running at large to the annoyance and damage of others, and to give to any one who is thus injured and annoyed, a summary remedy, not only to relieve and protect himself from such encroachment, but to compensate himself for damage he has suffered; to that end, he is authorized to seize the animals, if taken in the act, and impound or imprison them, until his damages and charges are paid, and even to sell them at public auction if the owner of the animals fails to make payment. Harriman v. Fifield, 36 Vt. 341 (1863).

2. Nature of proceedings.

The action of both parties is required to be most prompt and speedy: notice of the impounding must be given to the owner of the animals within twenty-four hours, and if the impounder claims for damages the animals have done, he must give notice for the appointment of appraisers of the damage at the same time, and all subsequent action on both sides is equally summary. Harriman v. Fifiels, 36 Vt. 341 (1863).

The whole proceeding rests upon the idea that the impounded animals are to be confined in close legal custody, from which they are to be relieved at the earliest moment, after reparation can be made for the damage they have done, and the costs of the proceeding and charges for keeping. Harriman v. Fifiels, 36 Vt. 341 (1863).

§ 3411. Right to impound.

A person may impound an animal found in his or her enclosure doing damage.

History

Source. V.S. 1947, § 7555. P.L. § 8219. G.L. § 6671. P.S. § 5564. V.S. § 4767. R.L. § 3978. G.S. 100, § 4. R.S. 88, § 4. R. 1797, p. 366, § 3. R. 1787, p. 149.

2018. Substituted "animal" for "beast" in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Cross References

Cross references. Impoundment of animals by private persons generally, see § 3383 of this title.

ANNOTATIONS

Analysis

1. Right to impound generally.

A person may impound animals found in his "enclosure" doing damage and the word "enclosure," as used in the section, means only that the land is occupied, not that it is fenced. Davis v. Mudgett, 81 Vt. 252, 69 A. 762 (1908).

The right to impound applied to an animal found by a person in his "enclosure" doing damage; only occupied land is deemed an enclosure. Porter v. Aldrich, 39 Vt. 326 (1866).

The legislature did not intend for the summary remedy by impoundment of animals for damages feasant to extend to animals upon wild, uncultivated, unimproved and unoccupied land lying open and common. Porter v. Aldrich, 39 Vt. 326 (1866).

In order to impound it is not necessary for a landowner to have enclosed a field with a legal fence. Keith v. Bradford, 39 Vt. 34 (1866).

When a landowner has done upon and around his own land, by way of fence and improvement and occupancy, all that the law requires in order, under the same law, to cast the duty on others to keep their cattle off his land, such land, in the sense of the word as used in this section, giving the right to impound, is the enclosure of the owner. Keith v. Bradford, 39 Vt. 34 (1866).

2. Lost pets.

The purpose 20 V.S.A. § 3411 is to provide a "prompt and speedy" return or disposition of animals of considerable economic value, not lost pets. Morgan v. Kroupa, 167 Vt. 99, 702 A.2d 630 (1997).

3. Requirement of actual damage.

Actual damages are essential to a legal impounding for damages feasant. Dudley v. McKenzie, 54 Vt. 685 (1882).

Impounding of animals for merely nominal trespasses is not authorized. Dudley v. McKenzie, 54 Vt. 685 (1882).

4. Acts constituting impoundment.

There may be a restraining of animals taken doing damage without its being an impounding; to constitute an impounding; the animals must be placed in a pound and there restrained with the intent on the part of the person so restraining them to impound them. Howard v. Bartlett, 70 Vt. 314, 40 A. 825 (1898).

5. Effect of temporary removal of animals from pound.

A temporary removal of impounded animals from the pound by the impounder may result in a loss of his right to detain them. Harriman v. Fifield, 36 Vt. 341 (1863).

6. Recovery of costs.

Where no damages are claimed, the justification for an impoundment is waived and abandoned, and the animals may not be detained until the costs of keeping them are paid. Dudley v. McKenzie, 54 Vt. 685 (1882).

Cited. Vosburgh v. Kimball, 130 Vt. 27, 285 A.2d 766 (1971).

§ 3412. Poundkeeper's duties and liabilities.

The poundkeeper shall supply such animal with food and drink while in the pound, and such keeper shall be liable to pay the owner of such animal damages occasioned by neglecting so to do.

History

Source. V.S. 1947, § 7555. P.L. § 8219. G.L. § 6671. P.S. § 5564. V.S. § 4767. R.L. § 3978. G.S. 100, § 4. R.S. 88, § 4. R. 1797, p. 366, § 3. R. 1787, p. 149.

2018. Substituted "animal" for "beast" in two places in accordance with 2017, No. 130 (Adj. Sess.), § 10.

ANNOTATIONS

Analysis

1. Duties of poundkeeper.

A poundkeeper has the duty to receive and keep animals brought to him, without regard to the legality of the impounding. Dunbar v. Godbout, 105 Vt. 448, 168 A. 551 (1933).

2. Liability of poundkeeper.

By performance of his duties, a poundkeeper does not subject himself to an action of replevin for the wrongful act of the impounder in taking and impounding an animal. Mattison v. Turner, 70 Vt. 113, 39 A. 635 (1897).

Replevin lies against a poundkeeper only for his own wrongful acts. Mattison v. Turner, 70 Vt. 113, 39 A. 635 (1897).

§ 3413. Notice by impounder.

The person impounding such animal, within 24 hours thereafter, shall give notice thereof to the owner or person having the care of such animal, either personally, or by a written notice left at his or her dwelling house. Such notice shall require such owner or keeper to appear at the dwelling house of the impounder within 24 hours to appoint appraisers to fix the damage done by such animal.

History

Source. V.S. 1947, § 7556. P.L. § 8220. G.L. § 6672. P.S. § 5565. V.S. § 4768. R.L. § 3979. G.S. 100, § 5. R.S. 88, § 5. R. 1797, p. 367, § 4. 1795, p. 13. R. 1787, p. 118.

2018. Substituted "animal" for "beast" in three places in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Cross References

Cross references. Disposition of animal upon failure of owner or keeper to replevy or redeem, see § 3419 of this title.

Effect of failure to give notice, see § 3414 of this title.

ANNOTATIONS

Analysis

1. Necessity for notice.

It is only when restraining is done with an intent to impound that the restrainer has twenty-four hours in which to notify the owner. Howard v. Bartlett, 70 Vt. 314, 40 A. 825 (1898).

2. Form of notice.

When personal notice was given, it could be given by an agent of the impounder if the owner actually had notice and received it as coming from impounder. Moore v. Robbins, 7 Vt. 363 (1835); Hooper v. Kittredge, 16 Vt. 677 (1844).

3. Effect of failure to give notice.

Neglect to give notice for appointment of appraisers does not vitiate the proceedings; it only operates as waiver of damages, but not of costs and expenses. Porter v. Aldrich, 39 Vt. 326 (1866).

A party who impounds another's animals, acting in his own behalf, becomes a trespasser ab initio by neglecting to give notice of impounding to owner of the animals, if known, and is subject to a penalty for such neglect. Porter v. Aldrich, 39 Vt. 326 (1866).

4. Pleading.

Where the avowry set forth the impounding and averred that "within twenty-four hours thereafter defendant gave legal notice of said impounding," without stating the manner in which the notice was given, it was sufficient on general demurrer. Keith v. Bradford, 39 Vt. 34 (1866).

Cited. Vosburgh v. Kimball, 130 Vt. 27, 285 A.2d 766 (1971); Morgan v. Kroupa, 167 Vt. 99, 702 A.2d 630 (1997).

§ 3414. Liability for failure to give notice.

If a person so impounding an animal does not give such notice, he or she shall forfeit to such owner or keeper $.50 for every 24 hours' neglect so to do, and shall pay the damages which such owner or keeper sustains in consequence thereof, to be recovered with costs in a civil action.

History

Source. V.S. 1947, § 7557. P.L. § 8221. G.L. § 6673. P.S. § 5566. V.S. § 4769. R.L. 3980. G.S. 100, § 9. R.S. 88, § 9. R. 1797, p. 367, § 4. R. 1787, p. 118.

2018. Substituted "animal" for "beast" in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Revision note - At the end of the section, substituted "a civil action" for "an action of tort on this statute" pursuant to 1971, No. 185 (Adj. Sess.), § 236(c), (d), which is set out as a note under section 219 of Title 4. See V.R.C.P. 2.

Cross References

Cross references. Requirement of notice generally, see § 3413 of this title.

ANNOTATIONS

1. Amount of forfeiture.

Where the defendant impounded eighty sheep which belonged to the plaintiff for three days, without giving him notice, the plaintiff could recover only fifty cents for each day, and not fifty cents for each sheep each day. Dudley v. McKenzie, 54 Vt. 394 (1882).

§ 3415. Appraisers of damages.

If the owner or keeper appears, he or she may appoint one person and the impounder another, to appraise such damage. If such appraisers do not agree, they may appoint a third.

History

Source. V.S. 1947, § 7558. P.L. § 8222. G.L. § 6674. P.S. § 5567. V.S. § 4770. R.L. § 3981. G.S. 100, § 6. R.S. 88, § 6. R. 1797, p. 367, § 4. 1795, p. 13.

Cross References

Cross references. Appointment of appraisers by superior judge, see § 3417 of this title.

§ 3416. Ascertainment of damages; discharge on payment.

The appraisers shall ascertain the damages done by the animal, and make a certificate of the amount of damages, and promptly transmit the certificate to the poundkeeper. An impounded animal shall not be discharged until the damages, charges, and costs are paid, nor shall an animal be detained after payment is made.

Amended 2021, No. 20 , § 194.

History

Source. V.S. 1947, § 7560. P.L. § 8224. G.L. § 6676. P.S. § 5569. V.S. § 4772. R.L. § 3983. G.S. 100, § 8. R.S. 88, § 8. R. 1797, p. 367, § 4. 1795, p. 14.

2018. Substituted "animal" for "beast" in three places in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Amendments--2021. Section amended generally.

Cross References

Cross references. Forfeiture of animal for failure to replevy or redeem, see § 3418 of this title.

ANNOTATIONS

Analysis

1. Fraudulent appraisal.

An appraisal of damages procured by the fraud of the impounder would be wholly void. Harriman v. Fifield, 36 Vt. 341 (1863).

2. Irregular appraisal.

An irregular appraisal of damages would not prevent the impounder from lawfully detaining animals regularly impounded, for legal charges and expenses, until they were paid or tendered. Harriman v. Fifield, 36 Vt. 341 (1863).

§ 3417. Application to Superior judge.

If the owner or keeper of an animal impounded does not appear, or does not appoint an appraiser, or if the appraisers appointed by the parties do not agree upon a third person, the impounder may apply to a Superior judge who by law can judge between the parties in civil causes, who shall appoint one or more appraisers, as the case requires.

Amended 1965, No. 194 , § 10, eff. Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 74, eff. April 9, 1974.

History

Source. V.S. 1947, § 7559. P.L. § 8223. G.L. § 6675. 1908, No. 62 . P.S. § 5568. V.S. § 4771. R.L. § 3982. G.S. 100, § 7. R.S. 88, § 7. R. 1797, p. 367, § 4. 1795, p. 13.

2019. Substituted "Superior judge" for "district judge" in the section heading and the section text in accordance with 2009, No. 154 (Adj. Sess.), § 236.

- 2018. Substituted "animal" for "beast" in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Amendments--1973 (Adj. Sess.). Deleted "a justice of the peace or" preceding "district judge".

Amendments--1965. Substituted "district judge" for "municipal judge".

§ 3418. Forfeiture for failure to replevy or redeem.

If the owner or keeper of an animal impounded does not, within 48 hours after notice of the impoundment pursuant to the provisions of this chapter, either replevy or redeem the animal, he or she shall be liable to the poundkeeper for $3.00 for each animal left in pound, plus an additional $3.00 for each additional day the animal is left in pound. The poundkeeper may recover the amount in a civil action.

Amended 1981, No. 114 (Adj. Sess.), § 2; 2021, No. 20 , § 195.

History

Source. 1955, No. 11 . V.S. 1947, § 7561. P.L. § 8225. G.L. § 6677. P.S. § 5570. V.S. § 4773. R.L. § 3984. G.S. 100, § 10. R.S. 88, § 10. R. 1797, p. 365, § 6. R. 1787, p. 119.

2018. Substituted "animal" for "beast" in three places in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Revision note - At the end of the second sentence, substituted "a civil action" for "an action of tort on this statute" pursuant to 1971, No. 185 (Adj. Sess.), § 236(c), (d), which is set out as a note under section 219 of Title 4. See V.R.C.P. 2.

Amendments--2021. Section amended generally.

Amendments--1981 (Adj. Sess.). Substituted "three dollars" for "seventy-five cents" in the first sentence.

Cross References

Cross references. Notice of impoundment, see §§ 3413 and 3414 of this title.

ANNOTATIONS

Analysis

1. Right of action.

The action for the penalty and expenses of keeping the animal are required to be brought by the poundkeeper and not the impounder. Riker v. Hooper, 35 Vt. 457 (1862).

2. Appeals.

Since the provision for recovery by the poundkeeper was penal in its character, an action brought by a poundkeeper before a justice of the peace to recover this sum or penalty was appealable to the county court. Edwards v. Osgood, 33 Vt. 224 (1860).

§ 3419. Sale of animals.

If the owner or keeper of an animal impounded does not, within 48 hours after notice thereof, replevy or redeem the same, the impounder may advertise and sell the animal, as provided when the owner is unknown.

History

Source. V.S. 1947, § 7562. P.L. § 8226. G.L. § 6678. P.S. § 5571. V.S. § 4774. R.L. § 3985. G.S. 100, § 28. 1859, No. 27 , § 2.

2018. Substituted "animals" for "beasts" in the section heading and "animal" for "beast" in two places in the section text accordance with 2017, No. 130 (Adj. Sess.), § 10.

Cross References

Cross references. Procedure for sale of animal where owner unknown, see §§ 3420 and 3421 of this title.

ANNOTATIONS

Cited. Morgan v. Kroupa, 167 Vt. 99, 702 A.2d 630 (1997).

§ 3420. Procedure when owner unknown.

If the owner of an animal taken in an enclosure, doing damage and impounded, is unknown, the impounder shall, within 48 hours, post an advertisement in some public place in the town in which the animal was impounded, and in two adjoining towns, describing such animal and stating the time when and place where the same was impounded.

History

Source. V.S. 1947, § 7563. P.L. § 8227. G.L. § 6679. P.S. § 5572. V.S. § 4775. R.L. § 3986. G.S. 100, § 11. R.S. 88, § 11. R. 1797, p. 369, § 7. R. 1787, p. 118.

2018. Substituted "animal" for "beast" in three places in accordance with 2017, No. 130 (Adj. Sess.), § 10.

ANNOTATIONS

Cited. Morgan v. Kroupa, 167 Vt. 99, 702 A.2d 630 (1997).

§ 3421. Payment of damages and charges or sale of animals.

If the owner, within 30 days after the posting of such advertisement, appears and claims the animal, he or she may receive the same on paying the damages done by it and the charges of impounding, keeping, and advertising. If the owner does not appear within the time and claim such animal, the impounder may sell the same at public auction, after six days' notice posted in some public place in the town.

History

Source. V.S. 1947, § 7564. P.L. § 8228. G.L. § 6680. 1917, No. 254 , § 6508. P.S. § 5573. V.S. § 4776. R.L. § 3987. G.S. 100, §§ 12, 13. R.S. 88, §§ 12, 13. R. 1797, p. 370, § 8. R. 1787, p. 119.

2018. Substituted "animals" for "beasts" in the section heading and "animal" for "beast" in two places in the section text accordance with 2017, No. 130 (Adj. Sess.), § 10.

ANNOTATIONS

Cited. Morgan v. Kroupa, 167 Vt. 99, 702 A.2d 630 (1997).

§ 3422. Proceeds of sale.

The avails of the sale shall be applied to the payment of the damages done by the animal, to be ascertained by the fence viewers, and the expense of impounding, keeping, advertising, ascertaining the damages done, town clerk's fees, and selling the animal. The balance shall be paid to the treasurer of the town in which the animal was impounded, to the use of the owner, if demanded within one year, otherwise to the use of the town.

History

Source. V.S. 1947, § 7565. P.L. § 8229. G.L. § 6681. P.S. § 5574. V.S. § 4777. R.L. § 3988. G.S. 100, § 14. R.S. 88, § 14. R. 1797, p. 369, § 7. R. 1787, p. 118.

2018. Substituted "animal" for "beast" in three places in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Cross References

Cross references. Fence viewers generally, see 24 V.S.A. chapter 109.

§ 3423. Record of sale.

Immediately after the sale, the impounder shall cause a description of the animal, with an account of the associated damages, charges, and expenses pursuant to the provisions of this chapter, and the sum for which it was sold, to be recorded in the office of the clerk of the town.

Amended 2021, No. 20 , § 196.

History

Source. V.S. 1947, § 7566. P.L. § 8230. G.L. § 6682. P.S. § 5575. V.S. § 4778. R.L. § 3989. G.S. 100, § 15. R.S. 88, § 15. 1827, No. 18 , § 2. R. 1797, p. 370, § 8. R. 1787. p. 119.

2018. Substituted "animal" for "beast" in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Amendments--2021. Added "associated" preceding "damages”; and substituted "pursuant to the provisions of this chapter" for "aforesaid".

ARTICLE 3. Animals Running at Large

Cross References

Cross references. Impounding of animals generally, see chapter 191, subchapter 2 of this title.

Liability for damages caused by animals in public burial grounds, see 18 V.S.A. §§ 5365 and 5366.

§ 3451. Cattle, horses or swine.

If a person suffers his or her neat cattle, horses, or swine to run at large on the highways or commons, any person may impound them. The owner shall pay the charges of the impounder and poundkeeper, and the poundkeeper shall not release such animals until the charges are paid.

History

Source. V.S. 1947, § 7568. P.L. § 8232. G.L. § 6684. P.S. § 5577. V.S. § 4780. R.L. § 3991. G.S. 100, § 19. 1861, No. 26 . R.S. 88, § 19. 1799, p. 9. R. 1797, p. 599, § 1. R. 1787, p. 149.

Cross References

Cross references. Release or sale of animals, see § 3453 of this title.

ANNOTATIONS

1. Construction of section.

The word "suffer" means to allow or permit. Adams v. Nichols, 1 Aik. 316 (1825).

§ 3452. Notice.

When such animals are impounded, the poundkeeper shall, within 24 hours, post a notice in a public place in the town, describing the animals and stating the time and place of impounding and the time and place of sale.

History

Source. V.S. 1947, § 7569. P.L. § 8233. G.L. § 6685. P.S. § 5578. V.S. § 4781. R.L. § 3992. G.S. 100, § 25. R.S. 88, § 24. 1827, No. 18 , § 1.

Cross References

Cross references. Impounding generally, see chapter 191, subchapter 2 of this title.

ANNOTATIONS

1. Duty of poundkeeper to advertise.

It was duty of a poundkeeper to advertise, whether the impounding was lawful or unlawful. Farrar v. Bell, 73 Vt. 342, 50 A. 1107 (1901).

The duty to advertise cattle impounded was ministerial and could be delegated to a servant, and though the poundkeeper was personally absent and unaware of the impounding, it must be performed within the time fixed by the section, or their detention thereafter became unlawful. Farrar v. Bell, 73 Vt. 342, 50 A. 1107 (1901).

§ 3453. Sale.

If the owner of the animals, within 20 days, pays the poundkeeper his or her fees, including his or her reasonable expenses for advertising and the reasonable expense of keeping, with the impounder's fees, the animals shall be released, otherwise they shall be sold by the poundkeeper at public auction, and the avails shall be applied as in case of the sale of animals taken doing damage when the owner is unknown.

Amended 1959, No. 262 , § 34, eff. June 11, 1959.

History

Source. V.S. 1947, § 7570. P.L. § 8234. G.L. § 6686. P.S. § 5579. V.S. § 4782. R.L. § 3993. G.S. 100, § 26. R.S. 88, § 25. 1827, No. 18 .

2018. Substituted "animal" for "beast" following "sale of" in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Amendments--1959. Substituted "his reasonable expenses for advertising and the reasonable expense of keeping" for "seventeen cents for advertising and the expense of keeping" preceding "with the impounder's fees".

§ 3454. Stallions.

A stallion found running at large may be impounded. Within 48 hours, the impounder shall notify the owner or keeper thereof. If the owner or keeper does not, within three days after such notice, pay to the impounder such damages as are assessed by three disinterested freeholders, appointed by a justice of the peace or a district judge of the county, with the costs and expenses of impounding, appraising, and the poundkeeper's charge of $50.00 per day, the impounder may sell the stallion at public auction to satisfy the same, giving four days' notice of the time and place of sale, and the balance, after paying the damage and expenses, shall be paid to the treasurer of the town in which the stallion was impounded, for the use of the owner, if demanded within one year, otherwise to the use of the town.

Amended 1965, No. 194 , § 10, eff. Feb. 1, 1967; 1997, No. 16 , § 3.

History

Source. V.S. 1947, § 7567. P.L. § 8231. G.L. § 6683. 1908, No. 62 . P.S. § 5576. V.S. § 4779. R.L. § 3990. G.S. 100, § 18. R.S. 88, § 18. R. 1797, p. 371, § 10. R. 1787, p. 143.

Amendments--1997 Substituted "charge of $50.00 per day" for "charges" in the third sentence.

Amendments--1965. Substituted "district judge" for "municipal judge".

ANNOTATIONS

1. Requirements for notice of sale.

The notice of sale must mention the place where the horse is to be sold; otherwise, the sale will not be legal, and the impounder will be a trespasser ab initio. Sutton v. Beach, 2 Vt. 42 (1829).

ARTICLE 4. Breaking Open Pound; Escapes and Rescues

§ 3481. Breaking open pound; unlawful release.

A person who breaks open a pound, or directly or indirectly releases an animal impounded, without authority so to do, shall be fined $25.00 and shall be liable to the person impounding for the damages occasioned thereby.

History

Source. V.S. 1947, § 7571. P.L. § 8235. G.L. § 6687. P.S. § 5580. V.S. § 4783. R.L. § 3994. G.S. 100, § 21. R.S. 88, § 22. R. 1797, p. 372, § 11. R. 1787, p. 120.

2018. Substituted "animal" for "beast" in accordance with 2017, No. 130 (Adj. Sess.), § 10.

§ 3482. Escapes and rescues.

If an animal escapes, or is unlawfully rescued from a pound, such animal may, within five days thereafter, be retaken wherever found and again impounded by the keeper of the pound, or by the person impounding it, and the animal shall be held for the payment of the fees and charges, as in this chapter provided. In case the animal was rescued with the knowledge and assent of the owner or keeper, it shall be held for the payment of the reasonable expense and trouble which accrues in retaking the same, to be paid to the poundkeeper, like other charges and expenses.

History

Source. V.S. 1947, § 7572. P.L. § 8236. G.L. § 6688. P.S. § 5581. V.S. § 4784. R.L. § 3995. G.S. 100, § 22. 1856, No. 49 . § 1.

2018. Substituted "animal" for "beast" in four places in accordance with 2017, No. 130 (Adj. Sess.), § 10.

Cross References

Cross references. Impounding of animals generally, see chapter 191, subchapter 2 of this title.

Impounding of animals running at large generally, see chapter 191, subchapter 2, article 3 of this title.

§ 3483. Hindering retaking.

A person who hinders or impedes a poundkeeper or impounder in retaking an animal shall be fined $10.00 and shall pay the damages to the person injured.

History

Source. V.S. 1947, § 7573. P.L. § 8237. G.L. § 6689. P.S. § 5582. V.S. § 4785. R.L. § 3996. G.S. 100, § 23. 1856, No. 49 , § 2.

2018. Substituted "animal" for "beast" in accordance with 2017, No. 130 (Adj. Sess.), § 10.

§ 3484. Taking animal from, or impeding impounder.

A person who rescues an animal from the custody of a person driving or about to drive it to pound, or resists him in so doing, shall be fined $10.00 and shall pay the damages to the person injured.

History

Source. V.S. 1947, § 7575. P.L. § 8239. G.L. § 6691. P.S. § 5584. V.S. § 4787. R.L. § 3998. G.S. 100, § 20. R.S. 88, § 21. R. 1797, p. 372, § 11. R. 1787, p. 120.

2018. Substituted "animal" for "beast" in the section heading and in the section text in accordance with 2017, No. 130 (Adj. Sess.), § 10.

ANNOTATIONS

Analysis

1. Purpose of section.

The purpose of this section is to restrict interference by force to rescue an animal being impounded, even without right. Bowman v. Brown, 55 Vt. 184 (1882).

2. Application of section.

When one without force or fraud has taken another's cattle in his own enclosure and is proceeding to impound them, the owner cannot lawfully "fight himself" into legal possession, and thereby rescue them, but he must resort to law. Bowman v. Brown, 55 Vt. 184 (1882).

§ 3485. Limitation of prosecution.

Prosecutions under the provisions of this subchapter shall be commenced within one year after the commission of the offense, and not after.

History

Source. V.S. 1947, § 7576. P.L. § 8240. G.L. § 6692. P.S. § 5585. V.S. § 4788. R.L. § 3999. G.S. 100, § 24. R.S. 88, § 23. R. 1797, p. 372, § 11. R. 1787, p. 120.

ANNOTATIONS

1. Prior law.

A claim for a forfeiture was not barred in nine months; that limitation applied only to fines. Riker v. Hooper, 35 Vt. 457 (1862), (Decided under Comp. Stat. ch. 92, § 23.)

Subchapter 3. Abandoned Animals

Cross References

Cross references. Regulation of care and treatment of animals generally, see chapter 194 of this title.

Regulation of veterinarians generally, see 26 V.S.A. chapter 44.

§ 3511. Abandoned animals, definition.

An animal shall be deemed to be abandoned when it is placed in the custody of a veterinarian, veterinary hospital, boarding kennel, stable or other person or establishment for treatment, board or care and

  1. Having been placed in custody for a specific period of time, the animal is not removed at the end of the specific period and a notice to remove the animal within ten days thereafter has been given to the person placing the animal in custody by means of registered mail addressed to the last known address of the person or,
  2. Having been placed in custody for an unspecified period of time, the animal is not removed within ten days after notice to remove the animal has been given to the person placing the animal in custody by means of registered mail addressed to the last known address of the person.

    Added 1967, No. 240 (Adj. Sess.), § 1, eff. Feb. 8, 1968.

ANNOTATIONS

Cited. Morgan v. Kroupa, 167 Vt. 99, 702 A.2d 630 (1997).

§ 3512. Waiver of lien.

The giving of notice as prescribed in section 3511 of this title shall be deemed a waiver of any lien on the animal for the treatment, board or care of the animal, but shall not relieve the owner of the animal of his contractual liability for the treatment, board or care furnished.

Added 1967, No. 240 (Adj. Sess.), § 2, eff. Feb. 8, 1968.

History

Revision note. At the beginning of the section, substituted "section 3511 of this title" for "this section" to correct an error in the reference.

§ 3513. Disposal of abandoned animals.

Any person having in his or her care, custody, or control any abandoned animal as defined in section 3511 of this title may deliver the animal to any humane society or society for the prevention of cruelty to animals, or in the case of dogs, cats or other small animals to any pound maintained by or for any town within which the animal was abandoned, or he or she may sell the animal, the proceeds from the sale to be applied to the contractual liability incurred by the person placing the animal. If the person to whom the animal was abandoned is unable to sell the animal, it may be humanely euthanized by any veterinarian licensed to practice in Vermont.

Added 1967, No. 240 (Adj. Sess.), § 3, eff. Feb. 8, 1968.

CHAPTER 193. DOMESTIC PET OR WOLF-HYBRID CONTROL

Article 1. General Provisions.

Article 2. Killing Unlicensed Dogs.

History

Amendments--1993 (Adj. Sess.) 1993, No. 213 (Adj. Sess.), § 1, eff. June 15, 1994, rewrote the chapter heading.

Cross References

Cross references. Disposition of abandoned animals, see chapter 191, subchapter 3 of this title.

Regulation and control of animals generally, see chapter 191 of this title.

Regulation of care and feeding of animals, see chapter 194 of this title.

Sale of dogs and cats, see chapter 199 of this title.

Subchapter 1. General Provisions

§ 3541. Definitions.

As used in this chapter:

  1. "Secretary" where no other department is referenced means the Secretary of Agriculture, Food and Markets, and includes his or her designee.
  2. "Domestic animal" means those animals defined by 6 V.S.A. § 1151(2) .
  3. "Domestic pet" or "pet" means any domestic dogs, domestic cats, and ferrets. The term shall also include such other domestic animals as the Secretary shall establish by rule, provided that the Secretary finds that the animal has the potential to become an imminent danger to public health or welfare if not subjected to the provisions of this chapter.
  4. "Ferret" means only the European ferret (Mustela putorious furo).
  5. "Legislative body" means the legislative body of a town, city, or incorporated village.
  6. "Owner" means any person who owns a domestic pet or wolf-hybrid and includes any person who has actual or constructive possession of the pet or wolf-hybrid. The term also includes those persons who provide feed or shelter to a domestic pet or wolf-hybrid.
  7. "Respondent" means a person alleged to have violated any provision of this chapter.
  8. "Wolf-hybrid" means an animal that is the progeny or descendant of a domestic dog (Canis familiaris) and a wolf (Canis lupus or Canis rufus). "Wolf-hybrid" also means an animal that is advertised, registered, licensed, or otherwise described or represented as a wolf-hybrid by its owner or an animal that exhibits primary physical and behavioral wolf characteristics. The Commissioner of Fish and Wildlife shall adopt a rule describing primary physical and behavioral wolf characteristics.
  9. "Working farm dog" means a dog that is bred or trained to herd or protect livestock or poultry or to protect crops and that is used for those purposes and that is registered as a working farm dog pursuant to subsection 3581(a) of this title.
  10. "Pet dealer" means any person who sells or exchanges or who offers to sell or exchange cats, dogs, or wolf-hybrids, or any combination thereof, from three or more litters of cats, dogs, or wolf-hybrids in any 12-month period. This definition shall not apply to pet shops, animal shelters, or rescue organizations as those terms are defined in section 3901 of this title.

    Added 1993, No. 213 (Adj. Sess.), § 2, eff. June 15, 1994; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 48 , § 7, eff. May 28, 2009; 2013, No. 30 , § 1.

History

Former § 3541. Former § 3541, relating to the annual taking of a list of dogs and the penalty for false reporting, was derived from V.S. 1947, § 7610; P.L. § 8273; G.L. § 6723; P.S. § 5632; V.S. § 4829; R.L. § 4035; and 1876, No. 16 , § 6.

Amendments--2013. Subdiv. (6): Deleted the former third sentence.

Subdiv. (10): Added.

Amendments--2009. Subdiv. (9): Added.

Amendments--2003 Substituted "Secretary" for "Commissioner" and "agency" for "department" and "secretary of the agency of agriculture, food and markets" for "commissioner of the department of agriculture, food and markets", and renumbered subdivisions as necessary to maintain alphabetical listing of definitions within section.

§ 3541a. Feral animals; responsibility.

It is not the intent of the General Assembly to require a person to be responsible under this chapter for a feral animal that takes up residence in a building other than the person's home, even if the person occasionally provides feed to the animal.

Added 2013, No. 30 , § 2.

§§ 3542-3544. Repealed. 1977, No. 215 (Adj. Sess.), § 15, eff. April 12, 1978.

History

Former §§ 3542-3544. Former § 3542, relating to the account of moneys by the town treasurer relative to this subchapter, was derived from V.S. 1947, § 7609; P.L. § 8272; G.L. § 6722; P.S. § 5630; V.S. § 4827; R.L. § 4034; and 1876, No. 16 , § 4.

Former § 3543, relating to the dog fund, was derived from V.S. 1947, § 7625; P.L. § 8288; 1919, No. 192 , § 4; G.L. § 6739; P.S. § 5648; V.S. § 4845; 1888, No. 100 , § 1; and R.L. § 4050.

Former § 3544, relating to the disposal of surplus dog fund monies, was derived from V.S. 1947, § 7624; P.L. § 8287; G.L. § 6738; P.S. § 5647; V.S. § 4844; R.L. § 4050; 1880, No. 46 ; and 1876, No. 16 , § 12.

§ 3545. Right to kill domestic pets or wolf-hybrids generally.

  1. A person may kill a domestic pet or wolf-hybrid that suddenly assaults him or her or when necessary to discontinue an attack upon the person or another person provided that the attack or assault does not occur while the domestic pet or wolf-hybrid is restrained, within an enclosure containing the domestic pet or wolf-hybrid, or on the premises of the owner.
  2. A domestic pet or wolf-hybrid found wounding, killing or worrying another domestic pet or wolf-hybrid, a domestic animal or fowl may be killed when the attendant circumstances are such that the killing is reasonably necessary to prevent injury to the animal or fowl which is the subject of the attack.

    Amended 1977, No. 215 (Adj. Sess.), § 1, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 1, eff. Feb. 28, 1980; 1993, No. 213 (Adj. Sess.), § 3, eff. June 15, 1994.

History

Source. V.S. 1947, § 7628. P.L. § 8291. G.L. § 6741. P.S. § 5650. V.S. § 4847. R.L. § 4052. G.S. 104, § 10. 1844, No. 23 , § 2. R.S. 111, § 12. R. 1797, p. 190, § 6. 1796, p. 5.

Amendments--1993 (Adj. Sess.). Substituted "domestic pets or wolf-hybrids" for "dogs" in the section heading.

Subsec. (a): Substituted "domestic pet or wolf-hybrid" for "dog" following "kill a", following "while the" and following "containing the" and inserted "or her" following "him".

Subsec. (b): Substituted "domestic pet or wolf-hybrid" for "dog" preceding "found", inserted "another domestic pet or wolf-hybrid" following "worrying" and added "which is the subject of the attack" following "injury to the animal or fowl".

Amendments--1979 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

Amendments--1977 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Killing of rabid dogs and wolf-hybrids, see §§ 3807 and 3809 of this title.

Killing of unlicensed dogs or wolf-hybrids, see chapter 193, subchapter 2, article 2 of this title.

ANNOTATIONS

1. Construction of section.

This section, and other statutes concerning dog damage to domestic animals and fowl, did not undertake to cover the whole subject matter of dog damage, and, insofar as they were more narrow than the common law, the common law right continued as to cases outside their scope. State v. Sylvester, 112 Vt. 202, 22 A.2d 505 (1941).

Under the common law, to warrant the killing of a dog for the protection of domestic animal or fowl, the circumstances must have been such as to create a reasonable belief that such killing was necessary to prevent injury to the animal or fowl. State v. Sylvester, 112 Vt. 202, 22 A.2d 505 (1941).

§ 3546. Investigation of vicious domestic pets or wolf-hybrids; order.

  1. When a domestic pet or wolf-hybrid has bitten a person while the domestic pet or wolf-hybrid is off the premises of the owner or keeper, and the person bitten requires medical attention for the attack, the person may file a written complaint with the legislative body of the municipality. The complaint shall contain the time, date, and place where the attack occurred, the name and address of the victim or victims, and any other facts that may assist the legislative body in conducting its investigation required by subsection (b) of this section.
  2. The legislative body, within seven days from receipt of the complaint, shall investigate the charges and hold a hearing on the matter. If the owner of the domestic pet or wolf-hybrid that is the subject of the complaint can be ascertained with due diligence, the owner shall be provided with a written notice of the time, date, and place of hearing and the facts of the complaint.
  3. If the domestic pet or wolf-hybrid is found to have bitten the victim without provocation, the municipal officials shall make such order for the protection of persons as the facts and circumstances of the case may require, including that the domestic pet or wolf-hybrid is disposed of in a humane way, muzzled, chained, or confined. The order shall be sent by certified mail, return receipt requested. A person who, after receiving notice, fails to comply with the terms of the order shall be subject to the penalties provided in section 3550 of this chapter.
  4. The procedures provided in this section shall apply if the domestic pet or wolf-hybrid is not a rabies suspect. If a member of the legislative body or a municipal official designated by the legislative body determines that the animal is a rabies suspect, the provisions of subchapter 5 of this chapter and the rules of the Department of Health shall apply.
  5. The procedures provided in this section shall not apply if the voters of a municipality, at a special or annual meeting duly warned for the purpose, have authorized the legislative body of the municipality to regulate domestic pets or wolf-hybrids by ordinances that are inconsistent with this section, in which case those ordinances shall apply.

    Amended 1977, No. 215 (Adj. Sess.), § 2, eff. April 12, 1978; 1993, No. 213 (Adj. Sess.), § 4, eff. June 15, 1994; 2007, No. 121 (Adj. Sess.), § 15; 2021, No. 20 , § 197.

History

Source. V.S. 1947, § 7629. P.L. § 8292. G.L. § 6742. 1910, No. 223 . P.S. § 5651. 1902, No. 121 , §§ 1, 3.

Reference in text. In subsec. (c), substituted "3550" for "3551" to correct a statutory cross-reference.

Amendments--2021. Subsec. (a): Substituted "the person may file" for "such person may file" in the first sentence.

Subsec. (b): Substituted "that" for "which" and "the owner shall" for "said owner shall" in the second sentence.

Subsec. (c): Deleted "without limitation" following "including" in the first sentence.

Amendments--2007 (Adj. Sess.) Deleted "only" preceding "apply" in the first sentence of subsec. (d), and added subsec. (e).

Amendments--1993 (Adj. Sess.). Substituted "domestic pets or wolf-hybrids" for "dogs" in the section heading.

Subsec. (a): Amended generally.

Subsec. (b): Substituted "domestic pet or wolf-hybrid" for "dog" preceding "which" in the second sentence.

Subsec. (c): Substituted "domestic pet or wolf-hybrid" for "dog" preceding "is found" and preceding "is disposed" and "shall" for "may" preceding "make such" in the first sentence and "subject to the penalties provided in section 3551 of this chapter" for "fined not more than $250.00" following "order shall be" in the third sentence.

Subsec. (d): Added.

Amendments--1977 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Search warrants, see § 3551 of this title.

ANNOTATIONS

Analysis

1. Construction.

Town's right to control dogs that bite, pursuant to this section, did not give rise to a generalized duty to control vicious dogs for purposes of common law negligence liability. Rubin v. Town of Poultney, 168 Vt. 624, 721 A.2d 504 (mem.) (1998).

2. Destruction of dogs.

Police officers are authorized to destroy vicious dogs under authority of this section when they have been given appropriate orders to do so. 1952-54 Op. Atty. Gen. 299.

The authority granted state police officers by § 1914 of this title is broad enough to clothe them with power to act when required to destroy dogs under this section. 1952-54 Op. Atty. Gen. 299.

Cited. Morgan v. Kroupa, 167 Vt. 99, 702 A.2d 630 (1997).

§ 3547. Repealed. 1977, No. 215 (Adj. Sess.), § 15, eff. April 12, 1978.

History

Former § 3547. Former § 3547, relating to penalties for neglect of duty by officers, was derived from V.S. 1947, § 7631; P.L. § 8294; G.L. § 6744; P.S. § 5652; 1902, No. 121 , § 2; V.S. § 4848; 1888, No. 100 , § 3; R.L. § 4042; and 1876, No. 16 , § 11.

§ 3548. Application to unorganized towns and gores; supervisors.

The provisions of subchapters 1, 2, 4 and 5 of this chapter shall apply to unorganized towns and gores, and the duties imposed upon municipal clerks by this chapter shall, in unorganized towns and gores, be performed by the supervisors thereof.

Amended 1993, No. 213 (Adj. Sess.), § 5, eff. June 15, 1994.

History

Source. V.S. 1947, § 7630. P.L. § 8293. G.L. § 6743. 1912, No. 42 , § 32, 1908, No. 164 .

Amendments--1993 (Adj. Sess.). Inserted "and 5" following "4" and substituted "municipal" for "town" preceding "clerks".

§ 3549. Domestic pets or wolf-hybrids; regulation by towns.

The legislative body of a city or town by ordinance may regulate the licensing, keeping, leashing, muzzling, restraint, impoundment, and destruction of domestic pets or wolf-hybrids and their running at large, except that a legislative body of a city or town shall not prohibit or regulate the barking or running at large of a working farm dog when it is on the property being farmed by the person who registered the working farm dog, pursuant to subsection 3581(a) of this title, in the following circumstances:

  1. if the working farm dog is barking in order to herd or protect livestock or poultry or to protect crops; or
  2. if the working farm dog is running at large in order to herd or protect livestock or poultry or to protect crops.

    Added 1967, No. 300 (Adj. Sess.), § 1, eff. March 20, 1968; amended 1993, No. 213 (Adj. Sess.), § 6, eff. June 15, 1994; 2007, No. 121 (Adj. Sess.), § 16; 2009, No. 48 , § 8, eff. May 28, 2009; 2013, No. 162 (Adj. Sess.), § 2.

History

Amendments--2013 (Adj. Sess.). Intro. para: Inserted "licensing" following "may regulate the".

Amendments--2009. Added the language beginning "except that a legislative" in the introductory paragraph and added subdivs. (1) and (2).

Amendments--2007 (Adj. Sess.) Inserted "leashing, muzzling, restraint, impoundment, and destruction" following "keeping".

Amendments--1993 (Adj. Sess.). Substituted "domestic pets or wolf-hybrids" for "dogs" preceding "regulation" in the section heading and substituted "legislative body of a city or" for "selectmen" preceding "town" "domestic pets or wolf-hybrids" for "dogs" following "keeping of" in the text of the section.

Cross References

Cross references. Licensing of dogs, see chapter 193, subchapter 2, article 1 of this title.

ANNOTATIONS

1. Construction.

Provision in ordinance authorizing town to sell, give away or otherwise dispose of lost dog in humane fashion constituted a necessary and essential power under enabling statute, and therefore provision did not exceed town's authority under state law. Lamare v. North Country Animal League, 170 Vt. 115, 743 A.2d 598 (1999).

§ 3550. Penalties; enforcement; municipal legislative body; Secretary.

  1. A municipal legislative body or an officer designated by the Secretary may impose a civil penalty of up to $500.00 per violation in accordance with the provisions of this section.
  2. A municipal legislative body may impose penalties for violation of any provisions of subchapter 1 or 2, refusal to obtain a pet dealer permit under subchapter 3, or a refusal to comply with an order issued by a municipal officer under subchapter 5 of this chapter.
  3. An officer designated by the Secretary may impose penalties for violation of a rule adopted by a State agency under subchapter 5 of this chapter, violation of a quarantine order issued under subchapter 5 of this chapter, or refusal to comply with an order issued by a State officer under subchapter 5 of this chapter.
  4. In determining the amount of the civil penalty to be ordered, the legislative body or officer shall consider the following:
    1. the degree of actual or potential impact on public health, safety, and welfare resulting from the violation;
    2. whether the respondent has cured the violation;
    3. the presence of mitigating circumstances;
    4. whether the respondent knew or had reason to know the violation existed;
    5. the respondent's record of compliance;
    6. the deterrent effect of the penalty;
    7. the costs of enforcement; and
    8. the length of time the violation has existed.
  5. When the legislative body or officer has reasonable grounds to believe that a person has violated a provision of this chapter under its purview, the legislative body or officer may issue a notice of the alleged violation, which shall be delivered to the respondent in person or mailed to the respondent by registered mail. The notice of violation shall include:
    1. a civil penalty of up to $500.00;
    2. a brief description of the alleged violation and identification of the law alleged to have been violated;
    3. a statement that the respondent has a right to a hearing before the legislative body or a hearing officer designated by the Secretary at no cost to the respondent, a description of the procedures for requesting a hearing, and a statement that failure to request a hearing within 21 days of the date of mailing of the notice shall result in a final decision with no right of appeal; and
    4. if applicable, a directive that the respondent take actions necessary to achieve compliance with the law.
  6. A person who receives a notice of violation shall be offered an opportunity for a hearing before the legislative body or hearing officer, provided that the request for hearing is made in writing to the clerk of the municipality or the Secretary within 21 days after the date of mailing of the notice of violation. If the respondent does not request a hearing in a timely fashion, the decision shall be final and the penalty shall be payable within 35 days following mailing of the notice of violation. If the respondent does make a timely request for a hearing, the legislative body or hearing officer shall hold a hearing within 14 days of receipt of the request. After the hearing, the legislative body or hearing officer may affirm, reduce, or eliminate the penalty. The decision shall be delivered or mailed to the respondent in the same manner as the notice of violation and shall be effective five days following mailing of the decision or immediately following delivery of the decision.
  7. Imposition of a penalty under this subchapter precludes imposition of any other administrative or civil penalty under any other provision of law for the same violation.
  8. The civil penalty shall be paid to the enforcing agency or enforcing legislative body. If the respondent fails to pay the penalty within the time prescribed, the legislative body or Secretary may bring a collection action, including a small claims action, in the Civil Division of the Superior Court.
  9. A respondent aggrieved by a decision made following a hearing before the legislative body or hearing officer may appeal within 30 days of receipt of the decision to the Civil Division of the Superior Court, which shall consider the matter de novo.
  10. On application of a municipality or the Secretary, the Civil Division of the Superior Court shall have jurisdiction to enjoin the violation of any provision of this chapter. The Court may also authorize the seizure and disposition of domestic pets or wolf-hybrids when owners refuse to have the pets or wolf-hybrids inoculated or licensed, or when the Court determines that there is a threat to the public welfare.

    Added 1993, No. 213 (Adj. Sess.), § 7, eff. June 15, 1994; amended 2013, No. 30 , § 3; 2015, No. 23 , § 147; 2021, No. 20 , § 198.

History

Amendments--2021. Subsec. (f): Substituted "within 21 days" for "no later than 21 days" in the first sentence.

Amendments--2015. Subsec. (h): Substituted "including a small claims action, in" for "in Small Claims Court or" in the last sentence.

Amendments--2013. Section heading: Inserted "penalties" and substituted "Secretary" for "commissioner".

Subsec. (b): Substituted "pet dealer" for "kennel" preceding "permit".

Subsec. (h): Substituted "Civil Division of the Superior Court" for "superior court".

Subsec. (j): Substituted "the Secretary, the Civil Division of the Superior Court" for "the commissioner, the superior court".

§ 3551. Search warrants.

An officer who has attempted to seize a domestic pet or wolf-hybrid under sections 3546, 3549, 3624, 3745, 3806, or 3807 of this chapter and has not been permitted to search for or take the animal, may apply to a judicial officer authorized to issue search warrants for a warrant to search the properties of the owner of the animal or any other property if the officer has reasonable cause to believe that the animal may be on it. If the judicial officer is satisfied that there is a reasonable cause to believe that the animal is on a property, the judicial officer shall issue a search warrant authorizing a law enforcement officer of the state of Vermont to search the property and premises for the animal within a specified period of time not to exceed 10 days and to seize the animal. The warrant shall be served between the hours of 6:00 A.M. and 10:00 P.M. unless the warrant directs that it may be served at any time. The judicial officer may, by appropriate provision in the warrant, and for reasonable cause shown, authorize its execution at other times. The warrant shall designate the court to which it shall be returned.

Added 1993, No. 213 (Adj. Sess.), § 8, eff. June 15, 1994.

History

Reference in text. Section 3745, referred to in this section, was repealed by 2011, No. 155 (Adj. Sess.), § 4.

Subchapter 2. Licenses

Cross References

Cross references. Regulation and control of dogs generally, see chapter 193 of this title.

ARTICLE 1. General Provisions

§ 3581. General requirements.

  1. A person who is the owner of a dog or wolf-hybrid more than six months old shall annually on or before April 1 cause it to be registered, numbered, described, and licensed on a form approved by the Secretary for one year from that day in the office of the clerk of the municipality in which the dog or wolf-hybrid is kept. A person who owns a working farm dog and who intends to use that dog on a farm pursuant to the exemptions in section 3549 of this title shall cause the working farm dog to be registered as a working farm dog and shall, in addition to all other fees required by this section, pay $5.00 for a working farm dog license. The owner of a dog or wolf-hybrid shall cause it to wear a collar and attach a license tag issued by the municipal clerk to the collar. Dog or wolf-hybrid owners shall pay for the license $4.00 for each neutered dog or wolf-hybrid, and $8.00 for each unneutered dog or wolf-hybrid. If the license fee for any dog or wolf-hybrid is not paid on or before April 1, its owner or keeper may thereafter procure a license for that license year by paying a fee of 50 percent in excess of that otherwise required.
  2. Before a person shall be entitled to obtain a license for a neutered dog or wolf-hybrid, he or she shall exhibit to the clerk a certificate signed by a duly licensed veterinarian showing that the dog or wolf-hybrid has been sterilized.
    1. A mandatory license fee surcharge of $4.00 per license shall be collected by each city, town, or village for the purpose of funding the dog, cat, and wolf-hybrid spaying and neutering program established in chapter 193, subchapter 6 of this title. (c) (1)  A mandatory license fee surcharge of $4.00 per license shall be collected by each city, town, or village for the purpose of funding the dog, cat, and wolf-hybrid spaying and neutering program established in chapter 193, subchapter 6 of this title.
    2. An optional license fee surcharge of up to $10.00 per license is to be implemented by the legislative body of a city, town, or village that has established an animal and rabies control program for the sole purpose of funding the rabies control program.
    3. The license fee surcharges in this subsection shall not be considered part of the license fee for purposes of calculating a penalty for late payment.
  3. Before 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 issued 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 Secretary, and the person shall certify that the dog or wolf-hybrid described in the certificate or copy is the dog or wolf-hybrid to be licensed. The municipal clerk shall keep the certificates or copies thereof on file. The Secretary shall prescribe the size and format of rabies certificates. The owner of any such dog or wolf-hybrid shall maintain a copy of the rabies vaccination form and provide it to State or municipal officials upon request.
  4. For the purposes of licensing a dog or wolf-hybrid, a current vaccination against rabies means that:
    1. All dog and wolf-hybrid vaccinations recognized by State and local authorities shall be administered by a licensed veterinarian or under the supervision of a licensed veterinarian.
    2. All dogs and wolf-hybrids over three months of age shall be vaccinated against rabies. The initial vaccination shall be valid for 12 months. Within nine to 12 months of the initial vaccination, the animal must receive a booster vaccination.
    3. All subsequent vaccinations following the initial vaccination shall be valid for 36 months.
    4. All vaccinations, including the initial vaccination, shall be with a U.S. Department of Agriculture-approved three-year rabies vaccine product.
  5. In addition to the license fees assessed in subsections (a) and (c) of this section and section 3583 of this title, municipal clerks shall assess a $1.00 fee for each license sold. The clerks shall forward the fees collected under this subsection to the State Treasurer on or before the 15th day of May, September, and January of each year, together with an accounting of the licenses sold. The funds collected under this subsection are to be used for rabies control programs. For this purpose, on or before the 30th days of May, September, and January, the State Treasurer shall disburse the funds collected under this subsection as follows:
    1. Forty-five percent to the Fish and Wildlife Fund.
    2. Forty-five percent to the Commissioner of Health.
    3. Ten percent to the Secretary of Agriculture, Food and Markets.

      Amended 1965, No. 36 , § 1, eff. April 28, 1965; 1966, No. 62 (Sp. Sess.), § 1; 1977, No. 215 (Adj. Sess.), § 3, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 3, eff. Feb. 28, 1980; 1989, No. 256 (Adj. Sess.), § 10(a); eff. Jan. 1, 1991; 1993, No. 213 (Adj. Sess.), § 9, eff. April 1, 1995; 2001, No. 39 , § 5; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 163 (Adj. Sess.), §§ 37, 38; 2007, No. 153 (Adj. Sess.), § 13; 2009, No. 48 , § 9, eff. May 28, 2009; 2015, No. 57 , § 31; 2017, No. 113 (Adj. Sess.), § 144; 2021, No. 20 , § 199.

History

Source. V.S. 1947, § 7600. P.L. § 8263. 1921, No. 209 , § 1. 1919, No. 192 , § 1. G.L. § 6715. 1912, No. 226 , § 1. P.S. § 5623. 1900, No. 97 , § 1. V.S. § 4821. 1894, No. 119 , § 1. 1882, No. 12 , § 1. R.L. § 4028. 1878, No. 108 , §§ 1, 6. 1876, No. 16 , § 1, eff. April 1, 2009.

Amendments--2021. Subsec. (a): Deleted "thereto" following "attach" and added "to the collar" following "clerk" in the third sentence.

Amendments--2017 (Adj. Sess.) Subsec. (a): Substituted "in which" for "wherein" following "municipality" in the first sentence and "on or before" for "by" preceding "April 1" in the last sentence.

Amendments--2015. Subdiv. (c)(1): Substituted "$4.00" for "$3.00".

Amendments--2009. Subsec. (a): Added the second sentence.

Amendments--2007 (Adj. Sess.). Subdiv. (c)(1): Substituted "$3.00" for "$2.00".

Amendments--2003 (Adj. Sess.). Subsecs. (c), (e): Rewrote the subsections.

Amendments--2003. Substituted "secretary" for "commissioner" and "secretary of the agency of agriculture, food and markets" for "commissioner of the department of agriculture, food and markets".

Amendments--2001. Substituted "issued" for "signed" in the first sentence of subsec. (d).

Amendments--1993 (Adj. Sess.). Subsec. (a): Rewrote the former first sentence as the first through third sentences and inserted "or wolf-hybrid" following "any dog" in the fourth sentence.

Subsec. (b): Deleted "spayed female or" following "license for a" and substituted "dog or wolf-hybrid" for "male dog" following "neutered" and "dog or wolf-hybrid" for "female or male dog" preceding "has been sterilized".

Subsec. (c): Substituted "an animal and rabies" for "a dog" following "established" in the first sentence.

Subsec. (d): Inserted "or wolf-hybrid" preceding "six", substituted "municipal" for "town" preceding "clerk", inserted "or wolf-hybrid" preceding "has received a current" and inserted "preexposure rabies" thereafter, deleted "against rabies" following "vaccination", substituted "commissioner" for "department of agriculture, food and markets" following "approved by the" and inserted "or wolf-hybrid" preceding "described" and preceding "to be licensed" in the first sentence, substituted "municipal" for "town" preceding "clerk" in the second sentence and "commissioner" for "director of public records" preceding "shall prescribe" in the third sentence and added the fourth sentence.

Subsec. (e): Substituted "licensing a dog or wolf-hybrid" for "this chapter" in the introductory paragraph and inserted "or wolf-hybrid" following "a dog" in subdivs. (1)-(3).

Subsec. (f): Added.

Amendments--1989 (Adj. Sess.). Subsec. (d): Substituted "department of agriculture, food and markets" for "department of agriculture" in the first sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Substituted "six" for "four" preceding "months old" in the first sentence.

Subsec. (b): Inserted "or she" preceding "shall exhibit".

Subsec. (d): Rewrote the first sentence.

Subsec. (e): Added.

Amendments--1977 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), rewrote that subsection and added subsecs. (b)-(d).

Amendments--1966. Rewrote the first sentence.

Amendments--1965. Reenacted the section without change.

Expiration of prospective repeal of subsec. (f). 1993, No. 213 (Adj. Sess.), § 36(c), eff. June 15, 1994, as amended by 1997, No. 59 , § 23, eff. June 30, 1997 and 1999, No. 49 , § 133, provided for the repeal of subsec. (f) on December 31, 2002. However, pursuant to 2001, No. 143 (Adj. Sess.), § 46, the sunset of subsec. (f) was repealed.

Cross References

Cross references. Licensing of breeding dogs, see § 3583 of this title.

Requirement of licenses for dogs brought into state for period not exceeding 30 days, see § 3587 of this title.

Vaccination of dogs against rabies, see § 3581a of this title.

ANNOTATIONS

Cited. Demick v. Boardman, 87 Vt. 44, 87 A. 52 (1913).

§ 3581a. Immunization.

  1. An owner of a domestic pet or wolf-hybrid shall have that animal inoculated against rabies by a licensed veterinarian in accordance with section 3581 of this title, if applicable, and with rules adopted by the secretary.
  2. No rabies vaccine may be used for domestic pets unless it is first approved by the secretary.
  3. Until the secretary approves a rabies vaccine for use on wolf-hybrids, these animals shall be vaccinated with a vaccine approved by the secretary for domestic dogs and a veterinarian inoculating a wolf-hybrid in accordance with this section shall not be liable for the failure of the rabies vaccine to protect the animal from rabies nor for any adverse reaction that may be attributable to the vaccination.
  4. A person may use an approved vaccine to inoculate a feral feline that takes up residence in a building other than the person's home and need not use the services of a licensed veterinarian for this purpose.
  5. The secretary of the agency of agriculture, food and markets and the department of health shall provide notices to veterinarians designed to help them to inform people about the provisions of this section regarding cats, wolf-hybrids and other domestic pets.

    Added 1993, No. 213 (Adj. Sess.), § 10, eff. June 15, 1994; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subsecs. (a)-(c): Substituted "secretary" for "commissioner".

Subsec. (e): Substituted "secretary of the agency of agriculture, food and markets" for "commissioner of the department of agriculture, food and markets".

Cross References

Cross references. Vaccination administration, see § 3813 of this title.

§ 3582. Dogs or wolf-hybrids obtained after April 1.

A person who becomes the owner after April 1 of a dog or wolf-hybrid six months old or older that has not been licensed, or a person who owns, keeps, or harbors a dog or wolf-hybrid that becomes six months old after April 1, shall within 30 days apply for and obtain a license for the dog or wolf-hybrid in the same manner as the annual license is obtained. If an application under this section is made after October 1, the fee for the license shall be one-half the amount otherwise required. If the license fee is not paid within 30 days, the owner may thereafter procure a license for that license year by paying a license fee of 50 percent in excess of that otherwise required.

Amended 1977, No. 215 (Adj. Sess.), § 4, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 4, eff. Feb. 28, 1980; 1993, No. 213 (Adj. Sess.), § 11, eff. April 1, 1995; 2019, No. 131 (Adj. Sess.), § 125.

History

Source. V.S. 1947, § 7601. P.L. § 8264. 1921, No. 209 , § 1. 1919, No. 192 , § 1. G.L. § 6715. 1912, No. 226 , § 1. P.S. § 5623. 1900, No. 97 , § 1. V.S. § 4821. 1894, No. 119 , § 1. 1882, No. 12 , § 1. R.L. § 4028. 1878, No. 108 , §§ 1, 6. 1876, No. 16 , § 1.

Revision note. In subsec. (b), substituted "section 3581 of this title or this section" for "sections 3581 or 3582 of this title" to conform reference to V.S.A. style.

Amendments--2019 (Adj. Sess.). In the first sentence, substituted "or older that" for "which" preceding "has not been licensed", substituted "that" for "in which" preceding "becomes six months old", and inserted "in" preceding "the same".

Amendments--1993 (Adj. Sess.). Inserted "or wolf-hybrids" following "dogs" in the section heading, deleted the subsec. (a) designation at the beginning of the paragraph, inserted "or wolf-hybrid" following "dog" in three places in the first sentence and "license" following "paying a" in the third sentence of that paragraph and deleted subsec. (b).

Amendments--1979 (Adj. Sess.). Subsec. (a): Substituted "six" for "four" preceding "months old" in two places in the first sentence.

Amendments--1977 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), substituted "30" for "10" preceding "days" in the first sentence and added the third sentence in that subsection, and added subsec. (b).

Cross References

Cross references. Annual licensing, see § 3581 of this title.

ANNOTATIONS

1. Licensing of dogs brought into state.

Dogs brought into this state which are four months old, or become four months old, unless they fall within the exception in section 3587 of this title should be licensed within ten days of their entry or coming of age, notwithstanding that they may have been licensed in another state prior to entry. 1952-54 Op. Atty. Gen. 286.

§ 3582a. Repealed. 1977 (Adj. Sess.), § 15, eff. April 12, 1978.

History

Former § 3582a. Former § 3582a, relating to penalties for noncompliance with sections 3581 and 3582 of this chapter, was derived from 1965, No. 36 , § 2.

§ 3583. Domestic pets and wolf-hybrids kept for breeding purposes.

  1. The owner or keeper of domestic pets and wolf-hybrids kept for breeding purposes may take out annually, on or before April 1, a special license for the domestic pets or wolf-hybrids, provided:
    1. He or she keeps the domestic pets or wolf-hybrids within a proper enclosure. A proper enclosure is a locked fence or structure of sufficient height and sufficient depth into the ground to prevent the entry of young children and to prevent the animal from escaping. A proper enclosure also provides humane shelter for the animal.
    2. The domestic pets or wolf-hybrids at all times have a current vaccination against rabies.
    3. When the number of domestic pets or wolf-hybrids so kept does not exceed ten, the fee shall be $30.00 and for each additional domestic pet or wolf-hybrid so kept, an annual fee of $3.00.
  2. Domestic pets and wolf-hybrids covered by the special license pursuant to this section shall be exempt from other license fees, and all licenses under this section are exempt from the surcharge enacted under subsection (c) of section 3581 of this title.
  3. If the license fee is not paid by April 1, the owner or keeper may thereafter procure a license for that license year by paying a fee of 50 percent in excess of that otherwise required. These license fees are in addition to any fees required for the operation of a kennel under subchapter 3 of this chapter.

    Amended 1977, No. 215 (Adj. Sess.), § 5, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 5, eff. Feb. 28, 1980; 1993, No. 213 (Adj. Sess.), § 12, eff. April 1, 1995; 2021, No. 20 , § 200.

History

Source. V.S. 1947, § 7602. P.L. § 8265. 1921, No. 209 , § 1. 1919, No. 192 , § 1. G.L. § 6715. 1912, No. 226 , § 1. P.S. § 5623. 1900, No. 97 , § 1. V.S. § 4821. 1894, No. 119 , § 1. 1882, No. 12 , § 1. R.L. § 4028. 1878, No. 108 , §§ 1, 6. 1876, No. 16 , § 1.

Amendments--2021. Subsec. (b): Substituted "pursuant to this section" for "hereunder".

Amendments--1993 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Inserted "or she" following "he" and "and provided the dogs at all times have a current vaccination against rabies" following "proper enclosure" in the first sentence.

Amendments--1977 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Vaccination of dogs against rabies, see § 3581a of this title.

ANNOTATIONS

Analysis

1. Construction of section.

The words "breeding purposes" mean more than the process of bearing or generating, as breeding in the true sense includes the development of manners as well as mere gestation. 1962-64 Op. Atty. Gen. 287.

The word "enclosure" as used in this section is not taken in a literal sense but permits the removal of dogs under supervision from the fenced area for necessary training as in the case of hunting dogs. 1962-64 Op. Atty. Gen. 287.

2. Application of section.

An owner of dogs kept for breeding purposes is entitled to a special license under this section, notwithstanding the dogs are taken under leash to wooded areas outside fenced areas for training purposes. 1962-64 Op. Atty. Gen. 287.

§§ 3584-3586. Repealed. 1977, No. 215 (Adj. Sess.), § 15, eff. April 12, 1978.

History

Former §§ 3584-3586. Former § 3584, relating to the licensing of spayed female dogs, was derived from V.S. 1947, § 7607; P.L. § 8270; 1919, No. 192 , § 3; and amended by 1963, No. 4 ; and 1966, No. 62 (Sp. Sess.), § 2.

Former § 3585, relating to the licensing of vicious dogs, was derived from V.S. 1947, § 7603; P.L. § 8266; 1919, No. 191 ; G.L. § 6717; P.S. § 5625; 1900, No. 98 , § 1; V.S. § 4823; R.L. § 4030; and 1878, No. 108 , § 2.

Former § 3586, relating to hearings relative to vicious dogs, was derived from V.S. 1947, § 7604; P.L. § 8267; G.L. § 6718; P.S. § 5626; and 1900, No. 98 , § 1.

§ 3587. Dogs brought into state.

Without obtaining a Vermont license, a person may bring or cause to be brought into the state for a period not exceeding 90 days, one or more licensed dog or dogs bearing the identification of the owner, provided that the owner possesses a certificate signed by a licensed veterinarian or a state official of any other state that the dog has received a rabies vaccination that is current for the 90 days following entry into the state.

Amended 1977, No. 215 (Adj. Sess.), § 6, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 6, eff. Feb. 28, 1980.

History

Source. V.S. 1947, § 7606. 1941, No. 186 , § 1. P.L. § 8629. 1919, No. 192 , § 2. G.L. § 6720. P.S. § 5628. V.S. § 4825. R.L. § 4032. 1876, No. 16 , § 5.

Amendments--1979 (Adj. Sess.). Substituted "that is current for the 90 days following entry into the state" for "within the preceding 27 months" following "rabies vaccination".

Amendments--1977 (Adj. Sess.). Section amended generally.

Cross References

Cross references. License requirements generally, see § 3581 of this title.

Vaccination of dogs against rabies, see § 3581a of this title.

§ 3588. Issuance of licenses; record of licenses.

Municipal clerks shall issue licenses and receive the money for the license, and pay the amount received into the municipal treasury within 60 days of receipt, retaining to their own use $2.00 for each license or permit, and shall include with the amount deposited into the municipal treasury a sworn statement of the amount received and paid over by them pursuant to this section.

Amended 1966, No. 62 (Sp. Sess.), § 3; 1971, No. 84 , § 11; 1977, No. 215 (Adj. Sess.), § 7, eff. April 12, 1978; 1993, No. 213 (Adj. Sess.), § 13, eff. June 15, 1994; 2021, No. 20 , § 201.

History

Source. 1949, No. 192 . V.S. 1947, § 7605. P.L. § 8268. G.L. § 6719. 1912, No. 226 , § 2. P.S. § 5627. V.S. § 4824. 1890, No. 68 . R.L. § 4031. 1878, No. 108 , § 3. 1876, No. 16 , § 3.

Amendments--2021. Section amended generally.

Amendments--1993 (Adj. Sess.). Substituted "municipal" for "town" preceding "clerks" and preceding "treasury".

Amendments--1977 (Adj. Sess.). Substituted "$2.00" for "$1.00".

Amendments--1971. Substituted "$1.00" for "seventy-five cents".

Amendments--1966. Substituted "seventy-five cents" for "twenty-five cents".

Cross References

Cross references. List of unlicensed dogs, see § 3590 of this title.

§ 3589. Record of licenses.

Municipal clerks shall also keep a record of licenses issued by them, with the names of the owners or keepers of the dogs or wolf-hybrids licensed and the names, registered numbers and descriptions of such dogs or wolf-hybrids.

Amended 1993, No. 213 (Adj. Sess.), § 14, eff. April 1, 1995.

History

Source. 1949. No. 192. V.S. 1947, § 7605. P.L. § 8268. G.L. § 6719. 1912, No. 226 , § 2. P.S. § 5627. V.S. § 4824. 1890, No. 68 . R.L. § 4031. 1878, No. 108 , § 3. 1876, No. 16 , § 3.

Amendments--1993 (Adj. Sess.). Substituted "municipal clerks" for "they" preceding "shall also" and inserted "or wolf-hybrids" following "dogs" in two places.

Cross References

Cross references. Issuance of licenses, see § 3588 of this title.

§ 3590. List of dogs and wolf-hybrids not licensed.

  1. The legislative body shall annually designate one or more persons to maintain a list of unlicensed, inoculated and licensed dogs and wolf-hybrids owned or kept in their municipality and to submit the list to the municipal clerk.
  2. On receiving a list of dogs and wolf-hybrids from persons authorized by the legislative body, the municipal clerk shall notify the owners or keepers of all dogs and wolf-hybrids named on the list that have not already been licensed or inoculated, and after May 30 shall furnish to the legislative body a list of dogs and wolf-hybrids not licensed or inoculated as required by law. Owners shall also be notified that unlicensed or uninoculated dogs or wolf-hybrids may be destroyed.

    Amended 1965, No. 36 , § 3, eff. April 28, 1965; 1977, No. 215 (Adj. Sess.), § 8, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 7, eff. Feb. 28, 1990; 1993, No. 213 (Adj. Sess.), § 15, eff. April 1, 1995.

History

Source. 1949, No. 192 . V.S. 1947, § 7605. P.L. § 8268. G.L. § 6719. 1912, No. 226 , § 2. P.S. § 5627. V.S. § 4824. 1890, No. 68 . R.L. § 4031. 1878, No. 108 , § 3. 1876, No. 16 , § 3.

Amendments--1993 (Adj. Sess.). Inserted "and wolf-hybrids" following "dogs" in the section heading.

Subsec. (a): Substituted "legislative body" for "selectmen" preceding "shall annually", deleted "take and" preceding "maintain", inserted "unlicensed" preceding "inoculated" and "and wolf-hybrids" following "dogs", and substituted "municipality" for "town" following "their" and "municipal" for "town" preceding "clerk".

Subsec. (b): Inserted "and wolf-hybrids" following "dogs" in three places, substituted "legislative body" for "selectmen" following "authorized by the" and "municipal" for "town" preceding "clerk", inserted "or inoculated" following "licensed" in two places, and substituted "legislative body" for "selectmen of towns or the mayors of cities" following "furnish to the" in the first sentence and added the second sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1977 (Adj. Sess.). Designated the existing provisions of the section as subsec. (b), substituted "persons authorized by the selectmen" for "the listers of the town" and "May 30" for "May 15" in that subsection and added subsec. (a).

Amendments--1965. Substituted "the town clerk" for "they" preceding "shall notify".

Cross References

Cross references. Maintenance of record of licenses issued, see § 3589 of this title.

§ 3591. Transfer of license.

A license from a municipal clerk shall be valid in any part of the state and may be transferred with the dog or wolf-hybrid licensed, provided such license is recorded by the clerk of the municipality where such dog or wolf-hybrid is kept.

Amended 1993, No. 213 (Adj. Sess.), § 16, eff. April 1, 1995.

History

Source. V.S. 1947, § 7606. 1941, No. 186 , § 1. P.L. § 8269. 1919, No. 192 , § 2. G.L. § 6720. P.S. § 5628. V.S. § 4825. R.L. § 4032. 1876, No. 16 , § 5.

Amendments--1993 (Adj. Sess.). Substituted "municipal" for "town" preceding "clerk shall", inserted "or wolf-hybrid" following "dog" in two places, and substituted "the municipality" for "a town" preceding "where".

Cross References

Cross references. Maintenance of record of licenses, see § 3589 of this title.

§ 3592. Repealed. 1993, No. 213 (Adj. Sess.), § 32, eff. June 15, 1994.

History

Former § 3592. Former § 3592, relating to penalties, was derived from V.S. 1947, § 7608; P.L. § 8271; G.L. § 6721; P.S. § 5629; V.S. § 4826; R.L. § 4033; 1882, No. 98 ; 1876, No. 16 , § 5, and amended by 1977, No. 215 (Adj. Sess.), § 9.

Annotations From Former § 3592

1. Application of section.

The penalty provided in this section applies to violations of § 3681 of this title, where the keeper of a kennel fails to obtain the required permit. 1950-52 Op. Atty. Gen. 253.

Where a dog was found at large without the prescribed collar, which he had just lost without the knowledge or the fault of owner, the owner was not liable to the penalty imposed by this section on "a person keeping a dog contrary to the foregoing provisions" for the word "keeping" is synonymous with maintaining, and implies some degree of permanence. State v. Kelley, 86 Vt. 237, 84 A. 861 (1912).

2. Pleading.

A complaint under this section should contain a statement of the facts and circumstances necessary to constitute the offense sought to be charged. State v. Brown, 72 Vt. 410, 48 A. 652 (1900).

In a prosecution under this section for keeping a dog without a license, where the defendant answered that the dog was vicious and could not be licensed, a verdict of guilty was properly entered; it being unlawful to keep a dog without a license, and also unlawful to procure a license for a vicious dog, it follows that a vicious dog cannot be kept at all. State v. Smith, 72 Vt. 140, 47 A. 390 (1900).

ARTICLE 2. Killing Unlicensed Dogs

Cross References

Cross references. Licensing of dogs, generally, see chapter 193, subchapter 2, article 1 of this title.

Right to kill dogs generally, see § 3545 of this title.

§ 3621. Issuance of warrant to impound; complaint.

    1. The legislative body of a municipality may at any time issue a warrant to one or more police officers, constables, pound keepers, or appointed animal control officers, directing them to promptly impound all dogs or wolf-hybrids within the town or city not licensed according to the provisions of this subchapter, except as exempted by section 3587 of this title, and to enter a complaint against the owners or keepers of the impounded dogs and wolf-hybrids. (a) (1)  The legislative body of a municipality may at any time issue a warrant to one or more police officers, constables, pound keepers, or appointed animal control officers, directing them to promptly impound all dogs or wolf-hybrids within the town or city not licensed according to the provisions of this subchapter, except as exempted by section 3587 of this title, and to enter a complaint against the owners or keepers of the impounded dogs and wolf-hybrids.
    2. A dog or wolf-hybrid impounded by a municipality under this section may be transferred to an animal shelter or rescue organization for the purpose of finding an adoptive home for the dog or wolf-hybrid. If the dog or wolf-hybrid cannot be placed in an adoptive home or transferred to a humane society or rescue organization within ten days, or a greater number of days established by the municipality, the dog or wolf-hybrid may be destroyed in a humane way. The municipality shall not be liable for expenses associated with keeping the dog or wolf-hybrid at the animal shelter or rescue organization beyond the established number of days.
  1. A municipality may waive the license fee for a dog or wolf-hybrid impounded pursuant to subsection (a) of this section for the current year upon a showing of current vaccinations and financial hardship. In the event of waiver due to financial hardship, the State shall not receive its portion of a dog license fee.

    Amended 1977, No. 215 (Adj. Sess.), § 10, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 2, eff. Feb 28, 1980; 1993, No. 213 (Adj. Sess.), § 17, eff. April 1, 1995; 2009, No. 121 (Adj. Sess.), § 3; 2013, No. 162 (Adj. Sess.), § 4; 2021, No. 20 , § 202.

History

Source. V.S. 1947, § 7611. P.L. § 8274. G.L. § 6724. P.S. § 5633. R. 1906, § 5494. V.S. § 4830. R.L. § 4036. 1876, No. 16 , § 7.

Amendments--2021. Subdiv. (a)(1): Substituted "promptly" for "proceed forthwith to" and substituted "of the impounded dogs and wolf-hybrids" for "thereof".

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Deleted "or elected" following "pound keepers."

Amendments--2009 (Adj. Sess.) Section amended generally.

Amendments--1993 (Adj. Sess.). Substituted "legislative body of a municipality" for "selectmen of a town or mayor of a city or the trustees of a village" preceding "may at any time", inserted "or wolf-hybrids" preceding "within the town" and deleted "and collared" following "not licensed".

Amendments--1979 (Adj. Sess.). Inserted "or the trustees of a village" following "mayor of a city" and "or poundkeepers" following "constables" and substituted "at any time" for "within 10 days from May 30" preceding "issue a warrant".

Amendments--1977 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Cited. Vosburgh v. Kimball, 130 Vt. 27, 285 A.2d 766 (1971).

§ 3622. Form of warrant.

Such warrant shall be in the following form:

State of Vermont: ) ) __________________ County, ss. ) To ________________________________, constable or police officer of the town or city of __________________________________: By the authority of the State of Vermont, you are hereby commanded to impound all dogs and wolf-hybrids not duly licensed according to law without delay, except as exempted by 20 V.S.A. § 3587; and you are further required to make and return complaint against the owner or keeper of any such dog or wolf-hybrid. A dog or wolf-hybrid that is impounded may be transferred to an animal shelter or rescue organization for the purpose of finding an adoptive home for the dog or wolf-hybrid. If the dog or wolf-hybrid cannot be placed in an adoptive home or transferred to a humane society or rescue organization within ten days, or a greater number of days established by the municipality, the dog or wolf-hybrid may be destroyed in a humane way. Hereof fail not, and due return make of this warrant, with your doings thereon, within 90 days from the date hereof, stating the number of dogs or wolf-hybrids destroyed and the names of the owners or keepers thereof, and whether all unlicensed dogs or wolf-hybrids in such town (or city) have been destroyed, and the names of persons against whom complaints have been made under the provisions of 20 V.S.A. chapter 193, subchapters 1, 2, and 4, and whether complaints have been made and returned against all persons who have failed to comply with the provisions of such subchapter. Given under our (my) hands at __________________ day of __________, 20 ________. ____________________________________________________________ Legislative Body

Amended 1977, No. 215 (Adj. Sess.), § 11 eff. April 12, 1978; 1993, No. 213 (Adj. Sess.), § 18, eff. April 1, 1995; 2011, No. 155 (Adj. Sess.), § 5; 2021, No. 20 , § 203.

History

Source. V.S. 1947, § 7612. P.L. § 8275. G.L. § 6725. P.S. § 5634. R. 1906, § 5495. V.S. § 4831. R.L. § 4037. 1876, No. 16 , § 7.

Amendments--2021. Deleted "forthwith" following "commanded"; added "without delay" following "according to law”; and deleted "aforesaid" following "Given under our (my) hands at".

Amendments--2011 (Adj. Sess.). Section amended generally.

Amendments--1993 (Adj. Sess.). Inserted "and wolf-hybrids" preceding "not duly licensed" and deleted "and collared" thereafter, substituted "20 V.S.A." for "this title" following "3587 of" and added "or wolf-hybrid" following "such dog" in the second paragraph of the form, inserted "or wolf-hybrids" following "dogs" in two places, deleted "this subchapter and" preceding "subchapters 1" and inserted "2" thereafter, deleted "this" preceding "chapter" and added "193 of 20 V.S.A." thereafter in the third paragraph of the form, substituted "legislative body" for "selectmen or mayor" below the signature line at the end of the section.

Amendments--1977 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Cited. Vosburgh v. Kimball, 130 Vt. 27, 285 A.2d 766 (1971).

§ 3623. Constable to make complaints.

A constable to whom a warrant has been issued pursuant to section 3621 of this subchapter shall make complaints required by the warrant to the designee of the legislative body of the municipality.

Amended 2017, No. 93 (Adj. Sess.), § 17; 2021, No. 20 , § 204.

History

Source. V.S. 1947, § 7614. P.L. § 8277. G.L. § 6727. P.S. § 5636. V.S. § 4833. R.L. § 4039. 1878, No. 108 , § 5.

Amendments--2021. Section amended generally.

Amendments--2017 (Adj. Sess.). Substituted "designee of the legislative body of the municipality" for "town grand jurors".

§ 3624. Who may destroy; fees.

A police officer or constable shall humanely destroy or cause to be destroyed dogs or wolf-hybrids whenever a warrant has been issued authorizing such actions, except as exempted by section 3587 of this title. Any action must be taken within 90 days of the issuance of the warrant. The officer shall incinerate, bury or cause to be buried or otherwise properly dispose of their remains.

Any officers, other than those employed under regular pay, shall receive compensation for each dog or wolf-hybrid so destroyed as authorized by the legislative body of their respective towns. Bills for any services shall be approved by the legislative body of the municipality in which the dogs or wolf-hybrids are destroyed, and paid from moneys received under the provisions of this subchapter.

Amended 1977, No 215 (Adj. Sess.), § 12 eff. April 12, 1978; 1993, No. 213 (Adj. Sess.), § 19, eff. April 1, 1995.

History

Source. 1951, No. 172 . V.S. 1947, § 7613. P.L. § 8276. G.L. § 6726. P.S. § 5635. V.S. § 4832. R.L. § 4038. 1876, No. 16 , § 7.

Amendments--1993 (Adj. Sess.). Inserted "or wolf-hybrids" preceding "whenever" in the first sentence and "incinerate" preceding "bury" in the third sentence of the first paragraph and inserted "or wolf-hybrid" preceding "so destroyed" in the first sentence and substituted "legislative body of the municipality" for "selectmen or mayor of the town or city" preceding "in which the dogs" and inserted "or wolf-hybrids" thereafter in the second sentence of the second paragraph.

Amendments--1977 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Analysis

1. Construction of section generally.

Strict compliance with this section is required, and one who fails to strictly comply becomes liable as a willful trespasser. McDerment v. Taft, 83 Vt. 249, 75 A. 276 (1910); Vosburgh v. Kimball, 132 Vt. 70, 313 A.2d 395 (1973).

2. Authority conferred by section .

This section justified a constable in killing a dog found at large without the prescribed collar, which the dog had just lost, regardless of whether owner or keeper knew of the loss or was to blame therefor. State v. Kelley, 86 Vt. 237, 84 A. 861 (1912).

*3. Materiality of motive.

Where a person killed another's dogs, and was authorized to do so because they were not collared, his motive in killing the dogs was immaterial. McDerment v. Taft, 83 Vt. 249, 75 A. 276 (1910); Vosburgh v. Kimball, 130 Vt. 27, 285 A.2d 766 (1971); Vosburgh v. Kimball, 132 Vt. 70, 313 A.2d 395 (1973).

*4. Duty to check for collar or license.

A person who killed dogs pursuant to this section had a duty to determine, before killing them, whether they had collars or not; otherwise, he would be a wilful trespasser. Vosburgh v. Kimball, 130 Vt. 27, 285 A.2d 766 (1971).

5. Manner of killing and disposition of remains.

In justification of the destruction of dogs under the authority of this section, the person killing had to meet claims that the dogs were collared, the killings were inhumane, and the disposal of the remains was improper. Vosburgh v. Kimball, 132 Vt. 70, 313 A.2d 395 (1973).

Cited. , 1942-44 Op. Atty. Gen. 185.

§ 3625. Return by officers.

Each police officer or constable to whom a warrant is issued pursuant to section 3621 of this subchapter shall make the return directed by the warrant to the authority issuing the warrant within 90 days from its date.

Amended 1977, No. 215 (Adj. Sess.), § 13, eff. April 12, 1978; 2021, No. 20 , § 205.

History

Source. V.S. 1947, § 7615. P.L. § 8278. G.L. § 6728. P.S. § 5637. V.S. § 4834. R.L. § 4040. 1876, No. 16 , § 8.

Amendments--2021. Section amended generally.

Amendments--1977 (Adj. Sess.). Substituted "90" for "60" preceding "days".

§ 3626. Certificate to state's attorney.

The selectmen or mayor shall annually, within ten days from July 25, transmit a certificate, subscribed and sworn to, of the fact of the issue of such warrant, and whether the same has been duly executed and returned agreeably to the provisions of this chapter, to the state's attorneys of their respective counties, who shall prosecute town officers who fail to comply with the provisions of this subchapter.

History

Source. V.S. 1947, § 7616. P.L. § 8279. G.L. § 6729. P.S. § 5638. R. 1906, § 5499. V.S. § 4835. R.L. § 4041. 1876, No. 16 , § 9.

§ 3627. Repealed. 1993, No. 213 (Adj. Sess.), § 32, eff. June 15, 1994.

History

Former § 3627. Former § 3627, relating to search warrants, was derived from 1953, No. 266 .

Subchapter 3. Kennels

Cross References

Cross references. Licensing of dogs generally, see chapter 193, subchapter 2, article 1 of this title.

Regulation of care and feeding of animals, see chaper 194 of this title.

§ 3681. Pet dealer permit.

A pet dealer shall apply to the municipal clerk of the town or city in which the cats, dogs, or wolf-hybrids are kept for a pet dealer permit to be issued on forms prescribed by the Secretary and pay the clerk a fee of $25.00 for the permit. A pet dealer who acquires a pet dealer permit shall allow inspections of the pet dealer's premises pursuant to section 3682 of this title as a condition of receiving and retaining the permit. The provisions of subchapters 1, 2, and 4 of this chapter not inconsistent with this subchapter shall apply to the pet dealer permit, which shall be in addition to other permits required. A pet dealer permit shall expire on March 31 next after issuance and shall be displayed prominently on the premises in which the cats, dogs, or wolf-hybrids are kept. If the permit fee is not paid by April 1, the owner or keeper may thereafter procure a permit for that license year by paying a fee of 50 percent in excess of that otherwise required. Municipal clerks shall maintain a record of the type of animals being kept by the permit holder. Upon issuance of the pet dealer permit, the municipal clerk shall provide the pet dealer with a copy of Part 3 (Standards) of the Animal Welfare Rules adopted by the Agency of Agriculture, Food and Markets relating to cats, dogs, and wolf-hybrids. The municipal clerk shall also provide the pet dealer with contact information for the Animal Health Section within the Division of Food Safety and Consumer Protection of the Agency of Agriculture, Food and Markets and with information from the Department of Taxes on sales tax obligations for the sale of pets.

Amended 1971, No. 27 , § 2, eff. March 24, 1971; 1971, No. 84 , § 12; 1977, No. 215 (Adj. Sess.), § 14, eff. April 12, 1978; 1993, No. 213 (Adj. Sess.), § 20, eff. April 1, 1995; 2013, No. 30 , § 4; 2021, No. 20 , § 206.

History

Source. 1951, No. 171 .

Amendments--2021. Substituted "for the permit" for "for the same" in the first sentence; substituted "in which" for "on which" in the fourth sentence; and substituted "Animal Welfare Rules" for "Animal Welfare Regulations" in the seventh sentence.

Amendments--2013. Section amended generally.

Amendments--1993 (Adj. Sess.). Substituted "domestic pets or wolf-hybrids" for "dogs" preceding "four months", inserted "or her" following "his", deleted "or except for the owner or operator of a boarding kennel" preceding "shall apply to the" substituted "municipal" for "town" thereafter, inserted "or city" preceding "in which" and substituted "domestic pets or wolf-hybrids" for "dogs" preceding "are kept" and "commissioner" for "public records director" following "prescribed by the" in the first sentence, substituted "March 31" for "March 30" following "shall expire on" and "domestic pets or wolf-hybrids" for "dogs" preceding "are kept" in the third sentence and added the fifth sentence.

Amendments--1977 (Adj. Sess.). Section amended generally.

Amendments--1971. Act No. 27 substituted "two" for "five" preceding "or more dogs" and "$5.00" for "$1.00" in the first sentence.

Act No. 84 substituted "five" for "two" preceding "or more dogs" and "$2.00" for "$5.00" in the first sentence.

Cross References

Cross references. Penalties for refusal to obtain pet dealer permit, see § 3550 of this title.

ANNOTATIONS

Analysis

1. Application of section.

A licensed veterinarian who, in addition to practicing veterinary medicine, surgery and dentistry, also carried on the activities set forth in the section, should comply therewith. 1952-54 Op. Atty. Gen. 276.

2. Penalty for violation of section.

The penalty provided by section 3592 of this title applies to violations where the keeper of a kennel fails to obtain the required permit. 1950-52 Op. Atty. Gen. 253.

§ 3682. Inspection of premises.

  1. The pet dealer's premises may be inspected upon the issuance of the pet dealer permit or at any time the pet dealer permit is in effect. Inspections may be conducted by a municipal animal control officer, a law enforcement officer as that term is defined in 23 V.S.A. § 4(11) , or a representative of the Agency of Agriculture, Food and Markets. The inspector may, at his or her discretion and with the approval of the municipality, be accompanied by a veterinarian or an officer or agent of a humane society incorporated in Vermont. This section shall not create an obligation on the part of any municipal legislative body to conduct inspections.
  2. Inspections shall be scheduled in advance with the pet dealer or pet dealer's agent. Inspections shall be conducted to facilitate compliance with the applicable standards in Part 3 (Standards) of the Animal Welfare Rules adopted by the Agency of Agriculture, Food and Markets relating to cats, dogs, and wolf-hybrids. The person or persons authorized to inspect the pet dealer's premises shall be accompanied by the pet dealer or pet dealer's agent. If the pet dealer's premises are also used for human habitation, the inspection may occur only in those areas of the premises used for animal housing, animal care, birthing, and storage of food and bedding. Photographs or videos of the pet dealer's premises or property shall not be taken during an inspection and while on the pet dealer's premises without the written consent of the permit holder. Repeated failure to consent to an inspection may result in a revocation of the pet dealer permit.
  3. If an inspector, during the course of an inspection under this section, has reason to believe that a criminal animal welfare violation exists on the pet dealer's premises, nothing in this chapter shall preclude a criminal investigation into the suspected violation or shall preclude seeking the remedies available under 13 V.S.A. chapter 8. Assessment of an administrative penalty under this chapter shall not prevent assessment of a criminal penalty under 13 V.S.A. chapter 8.
  4. The inspector shall record the results of each inspection in a log and sign and date each entry. The entries shall be submitted to the municipality, which shall maintain records of all pet dealer inspections. A copy of the inspection results shall be provided to the permit holder.

    Amended 1971, No. 27 , § 3, eff. March 24, 1971; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 30 , § 5; 2021, No. 20 , § 207.

History

Source. 1951, No. 171 .

Amendments--2021. Subsec. (b): Substituted "Animal Welfare Rules" for "Animal Welfare Regulations" in the second sentence.

Amendments--2013. Rewrote the section.

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture".

Amendments--1971. Inserted "a representative of the department of agriculture" following "law enforcement officer".

§ 3683. Quarantine of premises.

In the event such officer, representative or agent and veterinarian shall find that domestic pets or wolf-hybrids are kept under unsanitary or inhumane conditions, that there is communicable disease among them, or that the condition of the domestic pets or wolf-hybrids is such as to jeopardize or endanger the health or safety of persons, they shall quarantine said premises by an order in writing delivered to the holder of the permit, which quarantine shall remain in effect until the conditions affording a basis for such quarantine order have been remedied.

Amended 1971, No. 27 , § 4, eff. March 24, 1971; 1993, No. 213 (Adj. Sess.), § 21, eff. April 1, 1995.

History

Source. 1951, No. 171 .

Amendments--1993 (Adj. Sess.). Substituted "domestic pets or wolf-hybrids" for "dogs" following "find that" and following "condition of the".

Amendments--1971. Inserted "representative" following "such officer".

§ 3684. Offenses; bill of costs in prosecution.

The person operating a kennel who is found to have neglected to remedy conditions specified in a quarantine order issued pursuant to section 3683 of this subchapter, other than the prevalence of contagious disease, within ten days after receiving notice of the order, or who sells, gives away, or otherwise removes a domestic pet or wolf-hybrid under quarantine or affected with a contagious disease, shall be subject to the penalty provided in 13 V.S.A. § 353(a)(1) . Necessary fees and expenses of a veterinarian designated by the officer or agent shall be included in the bill of costs in a prosecution made pursuant to this section and shall be taxed to the respondent.

Amended 1993, No. 213 (Adj. Sess.), § 22, eff. April 1, 1995; 2021, No. 20 , § 208.

History

Source. 1951, No. 171 .

Amendments--2021. Section amended generally.

Amendments--1993 (Adj. Sess.). In the first sentence substituted "person operating a kennel who is found to have neglected" for "holder of the permit who neglects" preceding "to remedy conditions", "domestic pet or wolf-hybrid" for "dog" preceding "under quarantine" and "subject to the penalty provided in section 353(a)(1) of Title 13" for "deemed guilty of cruelty to animals as provided in section 403 of Title 13, and the provisions of subchapters 1 and 2 of chapter 9 of Title 13 shall apply" following "disease, shall be".

Subchapter 4. Damages by Dogs

Cross References

Cross references. Regulation and control of dogs generally, see chapter 193 of this title.

§§ 3741-3747. Repealed. 2011, No. 155 (Adj. Sess.), § 4.

History

Former §§ 3741-3747. Former § 3741, relating to election of remedy, was derived from V.S. 1947, § 7622; P.L. § 8285; G.L. § 6736; P.S. § 5645; V.S. § 4842; R.L. § 4048; 1876, No. 16 , § 10.

Former § 3742, relating to notice of damage; appraisal, was derived from V.S. 1947, § 7617; P.L. § 8280; 1933, No. 145 , § 1. 1927, No. 125 , § 1; G.L. § 6730; P.S. § 5639; V.S. § 4836; 1888, No. 107 , § 1; R.L. § 4043; 1876, No. 16 , § 10.

Former § 3743, relating to examination of certificate, was derived from V.S. 1947, § 7620; P.L. § 8283; 1927, No. 125 , § 3. G.L. § 6733; P.S. § 5642; V.S. § 4839; R.L. § 4045; 1876, No. 16 , § 10.

Former § 3744, relating to fees and travel expenses, was derived from V.S. 1947, § 7619; P.L. § 8282; 1927, No. 125 , § 2; G.L. § 6732; P.S. § 5641; V.S. § 4838; 1888, No. 107 , § 2; R.L. § 4044; 1876, No. 16 , § 10.

Former § 3745, relating to identification and killing of dogs, was derived from V.S. 1947, § 7618; P.L. § 8281; G.L. § 6731; 1912, No. 227 ; P.S. § 5640; R. 1906, § 5501; V.S. § 4837; 1888, No. 100 , § 2.

Former § 3746, relating to action against town, was derived from V.S. 1947, § 7621; P.L. § 8284; 1927, No. 125 , § 4; G.L. § 6735; P.S. § 5644; V.S. § 4841; 1894, No. 118 .

Former § 3747, relating to action by town against owner of dogs, was derived from V.S. 1947, § 7623; P.L. § 8286; G.L. § 6737; P.S. § 5646; V.S. § 4843; R.L. § 4049; 1876, No. 16 , § 12.

Annotations From Former § 3741

Cited. Remele v. Donahue, 54 Vt. 555 (1882).

Annotations From Former § 3742

1. Duty of selectmen.

When a person informs the selectman of a town that he has suffered damage through the killing of his sheep in that town by dogs, it is the duty of the selectman affirmatively to decide whether that is true, and, if so, to appraise the damage and certify to the selectmen the amount thereof. Otis v. Town of Bridport, 81 Vt. 493, 70 A. 1061 (1908).

Cited. Town of Dover v. Winchester, 70 Vt. 418, 41 A. 445 (1898); State v. Sylvester, 112 Vt. 202, 22 A.2d 505 (1941).

Annotations From Former § 3745

Cited. Town of Dover v. Winchester, 70 Vt. 418, 41 A. 445 (1898).

Annotations From Former § 3746

1. Prior law.

Before V.S. § 4841 took effect, one suffering certain damages by dogs could obtain, out of the dog tax fund of the town, compensation therefor in full or in part according to the sufficiency of the fund, through an appraisal by a selectman or by a selectman and coappraisers. Barber v. Town of Dummerston, 72 Vt. 330, 47 A. 1069 (1900).

V.S. § 4841 provided that a person suffering damage might, upon failure of the selectmen to act, recover his damages of the town, creating a liability on the part of the town which did not previously exist; in view of its language and scope, it was not retroactive in its operation. Barber v. Town of Dummerston, 72 Vt. 330, 47 A. 1069 (1900).

2. Jury instructions.

Where, in an action against a town for the value of sheep killed by dogs, the defendant's evidence showed that its selectman, when notified by the plaintiff, failed to perform his duty to determine whether the sheep had been killed by dogs, the defendant was not prejudiced by an instruction that, if the selectman when notified did not make a full, fair, and honest investigation, he did not do his duty, and plaintiff could recover if his case was made out in other respects. Otis v. Town of Bridport, 81 Vt. 493, 70 A. 1061 (1908).

Where, in an action against a town for the value of sheep killed by dogs, the selectman who was notified of the killing failed to determine whether it was done by dogs, but decided and certified only that he was unable to determine the matter one way or other, the defendant was not prejudiced by the court's failure to charge that the burden was on the plaintiff to make out his case before the selectman. Otis v. Town of Bridport, 81 Vt. 493, 70 A. 1061 (1908).

Annotations From Former § 3747

1. Constitutionality.

This section is not unconstitutional because the damages are appraised without notice to the owner of the dogs, for such appraisal is not conclusive on the owner, nor made with reference to recovery of damages from him. Fairchild v. Rich, 68 Vt. 202, 34 A. 692 (1895).

2. Nature of action.

The action may be a joint action against the owners of two or more dogs. Fairchild v. Rich, 68 Vt. 202, 34 A. 692 (1895).

3. Measure of damages.

The town has its action to recover the amount of actual damages rather than the amount of the appraisal. Fairchild v. Rich, 68 Vt. 202, 34 A. 692 (1895).

The measure of damages was the actual damages and not the amount of the appraisal. Fairchild v. Rich, 68 Vt. 202, 34 A. 692 (1895).

Cited. Town of Lowell v. Parker & Chamberlain, 97 Vt. 15, 121 A. 412 (1923).

Subchapter 5. Control of Rabies

Cross References

Cross references. Immunization, see § 3581a of this title.

§ 3801. Rabies control authority.

  1. In the event of an outbreak of rabies, the secretary of agriculture, food and markets, the commissioner of fish and wildlife, and the commissioner of health shall work together to assist the affected towns. In addition to the responsibilities provided by this chapter, the agency of agriculture, food and markets shall generally be responsible for management of rabies in livestock, education of veterinarians and livestock owners concerning rabies and vaccination recommendations for livestock. The department of fish and wildlife shall generally be responsible for management of rabies in wildlife and the education of the sporting community, municipal officials and the general public about rabies in wildlife. The department of health shall generally be responsible for the prevention of rabies in humans, management of rabies in animals that may have exposed humans, and assisting with diagnosis of rabies in animals that may have exposed humans and supervision of health officials' education.
  2. In addition to any other applicable authority, the agency of agriculture, food and markets, the department of health, and the department of fish and wildlife, may individually, or jointly, adopt rules to control the spread of rabies within a specific region, or within the state as a whole. The secretary of agriculture, food and markets is authorized to adopt rules necessary to control the spread of rabies in domestic animals, domestic pets and wolf-hybrids, including mandating the vaccination of specific species of animals, the conditions under which rabies inoculation clinics may be operated and establishing quarantines for domestic animals. The commissioner of fish and wildlife is authorized to adopt rules necessary to control the spread of rabies in wildlife, including mandating the vaccination of specific species of wild animals, translocation of wild animals and the destruction of wild animals through the use of registered pesticides, trapping or other means as may be necessary. The commissioner of health is authorized to adopt rules requiring the reporting of incidents of animals biting humans, the confinement, quarantine, observation and disposition of animals that are suspected of exposing humans to rabies, and the disposition of animals bitten by animals suspected of carrying rabies and other rules as necessary to protect the general public from rabies.
  3. The agency of agriculture, food and markets, the department of health, and the department of fish and wildlife, may cooperate with other federal, state and local officials in controlling the spread of rabies within the state and within the region.

    Amended 1965, No. 36 , § 4, eff. April 28, 1965; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1993, No. 213 (Adj. Sess.), § 23, eff. June 15, 1994; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. 1953, No. 9 , § 1. V.S. 1947, § 4893. 1947, No. 202 , § 4838. P.L. § 5337. 1927, No. 110 , § 1.

2003. In subsec. (b) and subsec. (c) replaced the words "three departments" and "departments," respectively with the phrase, "the agency of agriculture, food and markets, the department of health, and the department of fish and wildlife," to implement the statutory revision directive contained in 2003, No. 42 § 2, relating to the redesignation in 2003, No. 42 , § 1 of the department of agriculture, food and markets as the agency of agriculture, food and markets.

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in subsecs. (a) and (b) and "agency of agriculture, food and markets" for "department of agriculture, food and markets" in subsec. (a).

Amendments--1993 (Adj. Sess.). Section amended generally.

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture" in the section heading and in the first sentence.

Amendments--1983 (Adj. Sess.). Substituted "fish and wildlife" for "fish and game" in the first and second sentences.

Amendments--1965. Section amended generally.

Effect of 1993 (Adj. Sess.) amendment on existing rules. 1993, No. 213 (Adj. Sess.), § 33, eff. June 15, 1994, provided: "Any existing rules of the departments of agriculture, food and markets, fish and wildlife and health concerning rabies shall remain in full force and effect until amended or repealed by the adopting authority."

ANNOTATIONS

1. Hearings on use of poisonous bait.

If the department of agriculture finds that the mandatory vaccination of dogs and the limited use of fox den bombings are not adequate to stop the spread of rabies, it may hold a hearing in the affected area relative to the use of poisonous bait. 1964-66 Op. Atty. Gen. 57.

Since this section does not define the size of the area in which a hearing may be held relating to the use of poisonous bait, if an entire county is an infested area, the department of agriculture may hold a public hearing in such county. 1964-66 Op. Atty. Gen. 57.

Since this section does not indicate the procedure for publicizing a public hearing, reasonable publication, such as two weeks' publication in a newspaper circulated in the affected area, should precede the hearing. 1964-66 Op. Atty. Gen. 57.

If an emergency exists with respect to rabies control, reasonable notice of a public hearing relative to the use of poisonous bait may be given for a period less than two weeks. 1964-66 Op. Atty. Gen. 57.

§ 3802. Quarantine.

With the approval of the governor, a town, county or the entire state may be placed under quarantine for such time as may be considered necessary by the commissioner of health, or the secretary of agriculture, food and markets.

Amended 1993, No. 213 (Adj. Sess.), § 24, eff. June 15, 1994; 2003, No. 42 , § 2.

History

Source. V.S. 1947, § 4894. P.L. § 5338. 1927, No. 110 , § 2.

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Amendments--1993 (Adj. Sess.). Added "by the commissioner of health, or the commissioner of agriculture, food and markets" following "necessary".

§ 3803. Notice.

When a quarantine is established as provided in section 3802 of this title notice of such quarantine shall be sent to the chairman of boards of selectmen, mayors, health officers and to the town clerk of each municipality in the quarantined area. Notice of such quarantine shall be printed in one or more newspapers circulating in the quarantined area.

History

Source. V.S. 1947, § 4895. P.L. § 5339. 1927, No. 110 , § 3.

§§ 3804, 3805. Repealed. 1965, No. 36, § 6, eff. April 28, 1965.

History

Former §§ 3804, 3805. Former § 3804, relating to restraint of dogs in quarantined areas, was derived from V.S. 1947, § 4897; P.L. § 5341; and 1927, No. 110 , § 6.

Former § 3805, relating to issuance of dog licenses during quarantines, was derived from V.S. 1947, § 4896; P.L. § 5340; and 1927, No. 110 , §§ 4, 5.

§ 3806. Confining or impounding a domestic pet or wolf-hybrid.

  1. Any person authorized to enforce state livestock disease control, health, wildlife, or criminal laws and any person authorized to enforce local ordinances may confine, or impound any domestic pet or wolf-hybrid when:
    1. It is suspected of having been exposed to rabies.
    2. It is believed to have been attacked by another animal which may be rabid.
    3. It has been attacked by a wild animal.
    4. It has been running at large in violation of any of the provisions of this subchapter.
    5. It has an unknown rabies vaccination history.
  2. In the event that a domestic pet or wolf-hybrid is confined or impounded under this section, the owner, if known, shall be notified within 24 hours. Notification may be accomplished by in-person communication, by telephone call, or by written statement sent to the last known address of the owner. If the owner's address is not known, notification may be posted in the municipal clerk's office and other usual places for public notice for a one-week period.
  3. Any domestic pet or wolf-hybrid which is considered a rabies suspect shall be managed in accordance with the rules of the department of health. Rules adopted by the department of health in accordance with this chapter shall provide for management of domestic pets or wolf-hybrids for whom there is no approved rabies vaccine.

    Amended 1993, No. 213 (Adj. Sess.), § 25, eff. June 15, 1994.

History

Source. V.S. 1947, § 4898. P.L. § 5342. 1927, No. 110 , § 7.

Amendments--1993 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Search warrants, see § 3551 of this title.

ANNOTATIONS

Cited. Morgan v. Kroupa, 167 Vt. 99, 702 A.2d 630 (1997).

§ 3807. Killing a domestic pet or wolf-hybrid.

  1. When the legislative body, a municipal officer designated by the legislative body, the commissioner of the department of fish and wildlife, the commissioner of the department of health, or the secretary of the agency of agriculture, food and markets reasonably suspects that a domestic pet or wolf-hybrid impounded under section 3806 of this title has been exposed to rabies, has been attacked by a rabid animal or has been running at large in violation of any of the provisions of this subchapter the official shall order the domestic pet or wolf-hybrid to be killed. However, if the official finds that it is not reasonable to suspect that a domestic pet or wolf-hybrid impounded under section 3806 of this title is rabid or has been exposed to rabies, the official may deliver the domestic pet or wolf-hybrid to the owner. When it is impractical to confine or impound a domestic pet or wolf-hybrid pursuant to section 3806 of this title, or when the owner of a domestic pet or wolf-hybrid confined or impounded cannot be ascertained, the officials may immediately order the domestic pet or wolf-hybrid to be killed.
  2. In the event that a domestic pet is suspected of exposing a human, pet, wolf-hybrid, or domestic animal to rabies, it shall be managed in accordance with the provisions of this subchapter and the rules of the department of health.
  3. Since there is no approved preexposure rabies vaccine for wolf-hybrids, until the commissioner finds and approves a rabies vaccine, any wolf-hybrid which bites or otherwise exposes a human, pet, or domestic animal to rabies shall immediately be destroyed and its head shall be sent to the state department of health for the purpose of testing its brain tissue for the presence of the disease. If an alternative means of testing is provided by rule of the department of health, that procedure may be substituted for the procedure described in this subsection. The legislative body of the municipality or a municipal officer designated by the legislative body shall be responsible for ensuring the provisions of this subsection are carried out.

    Amended 1993, No. 213 (Adj. Sess.), § 26, eff. June 15, 1994; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4899. P.L. § 5343. 1927, No. 110 , § 7.

Amendments--2003 Subsec. (a): Substituted "secretary of the agency of agriculture, food and markets" for "commissioner of the department of agriculture, food and markets" in the first sentence.

Amendments--1993 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Search warrants, see § 3551 of this title.

§ 3808. Fees for killing domestic pets or wolf-hybrids.

Officers shall be entitled to the same fees for killing domestic pets or wolf-hybrids under the provisions of this subchapter as are provided in section 3624 of this title. The owner of an impounded domestic pet or wolf-hybrid or the town, in case the owner of the domestic pet or wolf-hybrid cannot be identified, shall be liable for all such fees.

Amended 1993, No. 213 (Adj. Sess.), § 27, eff. June 15, 1994.

History

Source. V.S. 1947, § 4901. P.L. § 5345. 1927, No. 110 , § 8.

Amendments--1993 (Adj. Sess.). Substituted "domestic pets or wolf-hybrids" for "dogs" following "killing" in the section heading and in the first sentence and "subchapter" for "chapter" preceding "as are provided" in that sentence, "domestic pet or wolf-hybrid" for "dog" following "impounded" and "the owner of the domestic pet or wolf-hybrid cannot be identified" for "such dog is unclaimed" following "in case" in the second sentence.

§ 3809. Killing a domestic pet or wolf-hybrid which attacks a person or domestic animal.

Nothing in this subchapter shall be construed as preventing any person from killing a suspected rabid domestic pet or wolf-hybrid which attacks a person, another domestic pet or wolf-hybrid or domestic animal. A person so killing such domestic pet or wolf-hybrid shall not be held liable for damages for such killing.

Amended 1993, No. 213 (Adj. Sess.), § 28, eff. June 15, 1994.

History

Source. V.S. 1947, § 4900. P.L. § 5344. 1927, No. 110 , § 7.

Amendments--1993 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Cited. Morgan v. Kroupa, 167 Vt. 99, 702 A.2d 630 (1997).

§ 3810. Repealed. 1993, No. 213 (Adj. Sess.), § 32, eff. June 15, 1994.

History

Former § 3810. Former § 3810, relating to penalties, was derived from V.S. 1947, § 4902; P.L. § 5346; 1927, No. 110 , § 9; and amended by 1965, No. 36 , § 5.

§ 3811. Carcass disposal.

In order to protect the public health, the legislative body of a municipality or a municipal officer designated by the legislative body may dispose of the carcass of any animal suspected of having been exposed to rabies through incineration. Disposal of animal carcasses in the manner provided by this section shall not be subject to the provisions of 10 V.S.A. chapter 23 and the rules adopted pursuant to that chapter.

Added 1993, No. 213 (Adj. Sess.), § 29, eff. June 15, 1994; amended 2021, No. 20 , § 209.

History

2021 Inserted "adopted” following "rules” to correct a typographical error in 2021 Acts and Resolves No. 20, § 209.

Amendments--2021. Substituted "10 V.S.A. chapter 23 and the rules pursuant to that chapter" for "chapter 23 of Title 10 and the rules promulgated thereunder" in the last sentence.

§ 3812. Immunity from liability for volunteers.

Any person who as a volunteer conducts or assists at a nonprofit public clinic for inoculating domestic pets, wolf-hybrids, and domestic animals against rabies shall not be liable to any other person for injuries resulting from the loss of animals, animal bites and from the inoculation process.

Added 1993, No. 213 (Adj. Sess.), § 30, eff. June 15, 1994.

§ 3813. Vaccination administration.

  1. The commissioner may purchase rabies vaccine for distribution at reduced cost to the public through rabies clinics.
  2. The commissioner shall ensure that reduced cost rabies clinics take place in all geographic areas of the state and shall cooperate with the veterinary profession to make certain that all owners of domestic pets and wolf-hybrids have access to reasonably priced rabies vaccines.
  3. Veterinarians shall provide an owner of a domestic pet or wolf-hybrid with a completed rabies vaccination form and tag for each animal which has been inoculated against rabies.

    Added 1993, No. 213 (Adj. Sess.), § 31, eff. June 15, 1994.

Subchapter 6. Dog, Cat, and Wolf-Hybrid Spaying and Neutering Program and Fund

History

Administrative rule applicability. 2011, No. 57 , § 3 provides: "The agency of human services shall administer the dog, cat, and wolf-hybrid spaying and neutering program established in 20 V.S.A. § 3815 pursuant to the applicable administrative rule which became effective on July 1, 2010 until the rule is amended to reflect the transfer of the jurisdiction of the program to the agency of human services."

§ 3814. Findings.

The general assembly finds:

  1. The supply of dogs, cats, and wolf-hybrids in Vermont is a major concern.
  2. There are insufficient resources in this state to care for or provide homes for these animals.
  3. Many of these animals are ultimately euthanized or become victims of accidents, starvation, or disease.
  4. Pet owners who have limited economic resources have great difficulty affording the cost of professional spaying and neutering services.

    Added 2003, No. 163 (Adj. Sess.), § 39.

§ 3815. Dog, cat, and wolf-hybrid spaying and neutering program.

  1. The Agency of Human Services shall administer a dog, cat, and wolf-hybrid spaying and neutering program providing reduced-cost spaying and neutering services and presurgical immunization for dogs, cats, and wolf-hybrids owned or cared for by individuals with low income. The Agency shall implement the program through an agreement with a qualified organization consistent with the applicable administrative rules.
  2. The program shall reimburse veterinarians who voluntarily consent to spay or neuter dogs, cats, and wolf-hybrids under the auspices of the program. The reimbursement shall be less any co-payment by the owner of a dog, cat, or wolf-hybrid for the cost of each spaying or neutering procedure.
  3. The Secretary of Human Services, in consultation with the chair of the Vermont Board of Veterinary Medicine, may adopt and amend rules pursuant to 3 V.S.A. chapter 25 to enable the Agency to carry out the purposes of this subchapter.

    Added 2003, No. 163 (Adj. Sess.), § 39; amended 2009, No. 54 , § 77, eff. June 1, 2009; 2011, No. 57 , § 1; 2021, No. 20 , § 210.

History

Amendments--2021. Subsec. (a): Substituted "individuals with low income" for "low income individuals."

Subsec. (c): Substituted "3 V.S.A. chapter 25" for "chapter 25 of Title 3"; and substituted "subchapter" for "act."

Amendments--2011. Subsec. (a): Substituted "agency of human services" for "agency of agriculture, food and markets shall establish by rule a process by which a qualified organization" preceding "shall"; inserted "dog, cat, wolf-hybrid spaying and neutering" preceding "program" and "or cared for" following "owned" and added the last sentence.

Subsec. (c): Rewrote the subsection.

Amendments--2009. Subsec. (c): Added.

§ 3816. Animal spaying and neutering fund; creation.

  1. There is created, pursuant to subchapter 5 of chapter 7 of Title 32, in the agency of human services the dog, cat, and wolf-hybrid spaying and neutering special fund to finance the costs of the dog, cat, and wolf-hybrid spaying and neutering program established in section 3815 of this title.
  2. Revenue for the fund shall be derived from:
    1. The surcharge payment paid to a municipality pursuant to subdivision 3581(c)(1) of this title.
    2. Gifts from private donors.
    3. Any appropriation which the general assembly makes to the fund.
  3. Interest earned on the fund shall be retained in the fund.
  4. The agency of human services shall use the revenue in the fund created in subsection (a) of this section for administering the dog, cat, and wolf-hybrid spaying and neutering program.

    Added 2003, No. 163 (Adj. Sess.), § 39; amended 2011, No. 3 , § 86, eff. Feb. 17, 2011; 2011, No. 57 , § 2.

History

Amendments--2011. Subsec. (a): Substituted "agency of human services" for "agency of agriculture, food and markets" following "the".

Subdiv. (b)(1): Act No. 3 deleted "$2.00" preceding "surcharge".

Subsec. (d): Act No. 57 rewrote the subsection.

§ 3817. Rules adoption authority.

The agency of agriculture, food and markets may adopt rules to implement this subchapter.

Added 2003, No. 163 (Adj. Sess.), § 39.

CHAPTER 194. WELFARE OF ANIMALS; SALE OF ANIMALS

History

Revision note. This chapter was enacted as chapter 197 of this title, but was renumbered as chapter 194 for purpose of conformity with the organization and classification scheme of V.S.A.

Amendments--2013. 2013, No. 30 , § 6 added "sale of animals" in the chapter heading and the designations for subchapters 1, 2, and 3.

Purpose. 1971, No. 27 , § 1, provided:

"The purposes of this act [which amended §§ 3681-3683 of this title and added this chapter] are to:

"(1) Prevent the theft of dogs and cats;

"(2) Prevent the sale or use of stolen pets;

"(3) Regulate the transportation, use, purchase, housing, handling, care and treatment of animals as items of commerce in order to insure that they are properly and humanely cared for by persons buying, selling or transporting them for commercial use;

"(4) Insure that animals confined in animal shelters, kennels, auction markets, pet shops and fairs are humanely treated and cared for;

"(5) Prevent the sale, exchange or transfer of animals exposed to infection, diseased or with abnormalities, except under proper veterinary care."

Cross References

Cross references. Regulation and control of animals generally, see chapter 191 of this title.

Regulation and control of dogs, see chapter 193 of this title.

Regulation of kennels, see chapter 193, subchapter 3 of this title.

Subchapter 1. General provisions

§ 3901. Definitions.

As used in this chapter:

  1. "Adequate feed" means the provision at suitable intervals, not exceeding 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. All foodstuff shall be served in a clean and sanitary manner.
  2. "Adequate water" means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval.
  3. "Ambient temperature" means the temperature surrounding the animal.
  4. [Repealed.]
  5. "Animal shelter" means a facility that is used to house or contain animals and is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
  6. "Secretary" means the Secretary of Agriculture, Food and Markets.
  7. "Pet dealer" means any person who sells or exchanges or who offers to sell or exchange cats, dogs, or wolf-hybrids, or any combination thereof, from three or more litters of cats, dogs, or wolf-hybrids in any 12-month period. This definition shall not apply to pet shops, animal shelters, or rescue organizations as those terms are defined in this section.
  8. "Euthanize" means to humanely destroy an animal by a method producing instantaneous unconsciousness and immediate death or by anesthesia produced by an agent that causes painless loss of consciousness and death during the loss of consciousness. "Euthanasia" means the humane destruction of animals in accordance with this subdivision.
  9. "Housing facility" means any room, building, or area used to contain a primary enclosure or enclosures.
  10. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.
  11. "Pet shop" means a place of retail or wholesale business, including a flea market, that is not part of a private dwelling, where cats, dogs, wolf-hybrids, rabbits, rodents, birds, fish, reptiles, or other vertebrates are maintained or displayed for the purpose of sale or exchange to the general public.
  12. "Primary enclosure" means any structure used to immediately restrict an animal or animals, excluding household pets, to a limited amount of space, such as a room, pen, cage, compartment, or hutch.
  13. "Public auction" means any place or establishment where dogs or cats are sold at auction to the highest bidder whether individually, as a group, or by weight.
  14. "Fair" means any public or privately operated facility where animals are confined for the purpose of display or sale, or both, or for viewing.
  15. "Consumer" means an individual who purchases or receives an animal from any person permitted, licensed, or registered under this chapter. A permit holder, licensee, or registrant under this chapter is not a consumer.
  16. "Rescue organization" means any organization that accepts more than five animals in a calendar year for the purpose of finding adoptive homes for the animals.

    Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 1993, No. 51 § 1; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 158 (Adj. Sess.), § 10; 2013, No. 30 , § 6; 2015, No. 97 (Adj. Sess.), § 53.

History

Reference in text. Section 501(c)(3) of the Internal Revenue Code, referred to in subdiv. (16)(B), is codified as 26 U.S.C. § 501(c)(3).

Revision note. Substituted "commissioner of agriculture, food and markets" for "commissioner of agriculture" in subdiv. (6) for purposes of conformity with 1989, No. 256 (Adj. Sess.), § 10(a).

Amendments--2015 (Adj. Sess.). Subdiv. (14): Substituted "display, or sale, or both" for "display and/or sale".

Amendments--2013. Intro. para: Deleted "unless the context clearly requires otherwise" from the end.

Subdiv. (4): Repealed.

Subdiv. (7): Inserted "pet" preceding "dealer" and rewrote the remainder of the subdivision.

Subdiv. (11): Substituted "of retail or wholesale business, including a flea market, that is not part of a private dwelling, where cats, dogs, wolf-hybrids, rabbits, rodents, birds, fish, reptiles, or other vertebrates are maintained or displayed for the purpose of" for "where animals are bought, sold, exchanged, or offered for".

Subdiv. (15): Substituted the term and definition of "consumer" for "pet merchant".

Subdiv. (16): Deleted subdivs. (A) through (C).

Amendments--2009 (Adj. Sess.) Deleted "nonhuman primate" following "rodent" in subdiv. (4), and added subdiv. (16).

Amendments--2003 Substituted "Secretary" for "Commissioner" and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Amendments--1993. Subdiv. (15): Added.

§ 3901a. Scope.

This chapter shall not apply to horses or livestock, including cattle, sheep, goats, swine, and domestic fowl.

Added 2013, No. 30 , § 6.

Subchapter 2. Animal Welfare

§ 3902. Registration of fairs.

No person may operate a fair as defined under section 3901 of this title unless a certificate of registration for the fair has been granted by the Secretary. Application for the certificate shall be made in a manner provided by the Secretary. No fee shall be required for the certificate. Certificates of registration shall be valid for a period of one year or until revoked and may be removed for like periods upon application in the manner provided.

Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 30 , § 6.

History

Amendments--2013 Made minor stylistic changes.

Amendments--2003 Substituted "secretary" for "commissioner" in the second sentence.

Cross References

Cross references. Denial or revocation of registration or license, see § 3907 of this title.

Penalties, see § 3911 of this title.

§ 3903. Animal shelters and rescue organizations.

  1. [Repealed.]
  2. Animal intake.  An animal shelter or rescue organization as defined by section 3901 of this title shall make every effort to collect the following information about an animal it accepts: the name and address of the person transferring the animal and, if known, the name of the animal, its vaccination history, and other information concerning the background, temperament, and health of the animal.
  3. Nonprofit status.  A rescue organization under this chapter shall be recognized and approved as a nonprofit organization under 26 U.S.C. § 501(c) (3).
  4. Immunity from liability.  Notwithstanding section 3901a of this title, any animal shelter or rescue organization assisting law enforcement in an animal cruelty investigation or seizure that, in good faith, provides care and treatment to an animal involved in the investigation or seizure shall not be held liable for civil damages by the owner of the animal unless the actions of the shelter or organization constitute gross negligence.

    Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 1997, No. 130 (Adj. Sess.), § 14; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 158 (Adj. Sess.), § 11; 2013, No. 30 , § 6; 2015, No. 149 (Adj. Sess.), § 28; 2018, No. 8 (Sp. Sess.), § 15, eff. June 28, 2018.

History

Amendments--2017 (Adj. Sess.) Subsec. (b): Amended generally.

Subsec. (c): Added the subsec. heading.

Subsec. (d): Added.

Amendments--2015 (Adj. Sess.). Subsec. (a): Repealed.

Subsec. (b): Deleted "registered" following "rescue organization".

Subsec. (c): Deleted "registered" following "rescue organization", and substituted "26 U.S.C. § 501(c)(3)" for "Section 501(c)(3) of the Internal Revenue Code".

Amendments--2013. Subsec. (c): Added.

Amendments--2009 (Adj. Sess.) Added "and rescue organizations" following "shelters" in the section heading, rewrote the first sentence in subsec. (a), and inserted "or rescue organization" following "animal shelter", substituted "person transferring the animal to the shelter" for "donor" and "person transferring the animal" for "donor" in subsec. (b).

Amendments--2003 Subsec. (a): Substituted "secretary" for "commissioner".

Amendments--1997 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

Cross References

Cross references. Denial or revocation of registration or license, see § 3907 of this title.

Penalties, see § 3911 of this title.

§ 3904. Repealed. 1993, No. 51, § 5.

History

Former § 3904. Former § 3904, relating to licensing of pet shops, was derived from 1971, No. 27 , § 5 and amended by 1975, No. 220 (Adj. Sess.), § 20.

§ 3905. Public auctions.

No person may operate a public auction as defined in this chapter after the expiration of six months following the effective date of this chapter unless a license to operate the auction has been granted by the Secretary. The license period shall be April 1 to March 31 and the license fee shall be $10.00 for each license period or part thereof.

Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 1975, No. 220 (Adj. Sess.), § 21; 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 30 , § 6.

History

Amendments--2013 Made a minor stylistic change.

Amendments--2003 Substituted "secretary" for "commissioner" in the first sentence.

Amendments--1975 (Adj. Sess.). Substituted "$10.00" for "$5.00" in the second sentence.

Cross References

Cross references. Denial or revocation of registration or license, see § 3907 of this title.

Penalties, see § 3911 of this title.

§ 3906. Licensing of pet shops.

  1. No person may transact business as a pet shop, as defined in this chapter, unless a license for that purpose has been granted by the Secretary to that person. Application for the license shall be made in the manner provided by the Secretary. The license period shall be April 1 to March 31 and the license fee shall be $175.00 for each license period or part thereof.
  2. [Repealed.]

    Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 1975, No. 220 (Adj. Sess.), § 22; 1989, No. 257 (Adj. Sess.), § 21; 1993, No. 51 , § 2; 2001, No. 143 (Adj. Sess.), § 44; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 66 , §§ 102a, 102d; 2013, No. 30 , § 6; 2015, No. 149 (Adj. Sess.), § 29.

History

Amendments--2015 (Adj. Sess.). Subsec. (a): Substituted "$175.00" for "$150.00" in the third sentence.

Amendments--2013. Substituted "pet shops" for "pet merchants" in the section heading and "pet shop" for "pet merchant" in the first sentence of subsec. (a).

Amendments--2003. Subsec. (a): Added the subsection designation and substituted "secretary" for "commissioner" in the first and second sentences and "$150.00" for "$30.00".

Subsec. (b): Added.

Amendments--2001 (Adj. Sess.) Substituted "$30.00" for "$25.00".

Amendments--1993. Substituted "pet merchants" for "dealers" in the section heading and "pet merchant" for "dealer" preceding "as defined" in the first sentence.

Amendments--1989 (Adj. Sess.). Substituted "$25.00" for "$10.00" in the third sentence.

Amendments--1975 (Adj. Sess.). Substituted "$10.00" for "$5.00" in the third sentence.

Cross References

Cross references. Denial or revocation of registration or license, see § 3907 of this title.

Penalties, see § 3911 of this title.

§ 3907. Denial or revocation of registration or license.

Issuance of a certificate of registration may be denied to any animal shelter, rescue organization, or fair or a license may be denied to any public auction or pet shop or any certificate or license previously granted under this chapter may be revoked by the Secretary if, after public hearing, it is determined that the housing facilities or primary enclosures are inadequate for the purposes of this chapter or if the feeding, watering, sanitizing, and housing practices of the animal shelter, rescue organization, fair, public auction, or pet shop, as the case may be, are not consistent with this chapter or with rules adopted under this chapter.

Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 1993, No. 51 , § 3; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 158 (Adj. Sess.), § 12; 2013, No. 30 , § 6.

History

Amendments--2013. Inserted "may be" preceding "denied to any public auction" and substituted "or pet shop" for "or pet merchant" thereafter at the beginning of the section, and substituted "pet shop" for "pet merchant" following "public auction" toward the end of the section.

Amendments--2009 (Adj. Sess.) Inserted "rescue organization" following "animal shelter" in two places.

Amendments--2003 Substituted "secretary" for "commissioner" after "revoked by the".

Amendments--1993. Substituted "or pet merchants" for "pet shop or dealer" preceding "or any certificate", "of" for "at" following "practices" and "pet merchant" for "pet shop" preceding "as the case".

§ 3908. Adoption of rules.

The Secretary may as he or she deems necessary adopt, amend, revise, and repeal rules consistent with this chapter for the purpose of carrying out its purposes. The rules may include provisions relating to humane transportation to and from registered or licensed premises, records of purchase and sale, identification of animals, primary enclosures, housing facilities, sanitation, euthanasia, ambient temperatures, feeding, watering, and adequate veterinary medical care, with respect to animals kept or cared for at premises licensed or registered under this chapter. The Secretary may at his or her discretion adopt in whole or in part those portions of the rules of the Secretary of Agriculture, Food and Markets under Public Law 89-544, commonly known as the Laboratory Animal Welfare Act, that are consistent with the purposes of this chapter.

Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 158 (Adj. Sess.), § 13; 2013, No. 30 , § 6; 2017, No. 74 , § 29.

History

Reference in text. The Laboratory Animal Welfare Act, referred to in the third sentence, is codified as 7 U.S.C. § 2131 et seq.

Amendments--2017. Section heading: Substituted "rules" for "regulations".

Amendments--2013. In the second sentence, deleted ", but need not be limited to," following "may include".

Amendments--2009 (Adj. Sess.) Inserted "or she" following "he" in the first sentence, and "or her" following "his" in the last sentence.

Amendments--2003 Substituted "secretary" for "commissioner" throughout.

Cross References

Cross references. Adoption of rules generally, see 3 V.S.A. chapter 25.

Adoption of rules relative to euthanasia, see § 3913 of this title.

§ 3909. Sale of animals by humane society.

The board of directors of an incorporated humane society shall determine the method of disposition of animals released by it. Any proceeds derived from the sale of animals by the society shall be paid to the clerk or treasurer of the humane society, and no part of the proceeds shall accrue to any individual. Proceeds from the sale of animals by any person authorized by a municipality to dispose of such animals shall revert to the treasury of the municipality.

Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 2013, No. 30 , § 6.

History

Amendments--2013. Made a minor stylistic change.

§ 3910. Exceptions.

This chapter shall not apply to any place or establishment operated as an animal hospital under the supervision of a duly licensed veterinarian in connection with the treatment, alleviation, or prevention of diseases.

Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 2013, No. 30 , § 6.

History

Amendments--2013. Made a minor stylistic change.

Cross References

Cross references. Regulation of veterinary medicine generally, see 26 V.S.A. chapter 44.

§ 3911. Penalties.

  1. Any person licensed or registered under this chapter who fails to provide animals under the person's care or custody with adequate food or adequate water, as defined in section 3901 of this title, or who fails to house animals in the person's care or custody in a manner that is adequate for their welfare shall be fined not more than $500.00.
  2. Any person who operates a fair or public auction or who transacts business as a pet shop, animal shelter, or rescue organization without being duly licensed or without possessing a proper certificate of registration, as the case may be, as required under this chapter, or who violates any provision of this chapter or of any rule lawfully adopted under its authority for which no other penalty is provided shall be fined not more than $300.00 or imprisoned for not more than six months, or both.
  3. The Secretary may assess administrative penalties under 6 V.S.A. §§ 15-17 , not to exceed $1,000.00, for violations of this chapter.

    Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 1993, No. 51 , § 4; 1997, No. 130 (Adj. Sess.), § 2; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 158 (Adj. Sess.), § 14; 2013, No. 30 , § 6.

History

2013. In subsec. (c), substituted "6 V.S.A. §§ 15-17" for "16 V.S.A §§ 15-17" to correct references.

Amendments--2013. Subsec. (b): Substituted "pet shop" for "pet merchant".

Amendments--2009 (Adj. Sess.) Subsec. (b): Inserted "or" preceding "public auction" and "animal shelter, or rescue organization" following "pet merchant".

Amendments--2003 Subsec. (c): Substituted "secretary" for "commissioner".

Amendments--1997 (Adj. Sess.). Subsec. (c): Added.

Amendments--1993. Subsec. (b): Deleted "pet shop" following "operates a" and substituted "pet merchant" for "dealer" preceding "without".

§ 3912. Commitment of animals to Agency of Agriculture, Food and Markets.

The Secretary or any officer of the Agency designated by the Secretary may file with the court in which a person was convicted of violating section 3911 of this chapter a petition for custody of animals in the possession of the person convicted. If the court, on due notice to that person and to any other person owning or having any interest in the animals, finds that the welfare of any of the animals so requires, the court shall order the animals committed to the Agency of Agriculture, Food and Markets. Animals committed to the Agency of Agriculture, Food and Markets may be sold or euthanized or kept in the custody of the Agency, as the Secretary determines.

Added 1971, No. 27 , § 5, eff. March 24, 1971; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 30 , § 6.

History

2016. In the first sentence, substituted "section 3911 of this chapter" for "the preceding section".

Amendments--2013 Made minor stylistic changes.

Amendments--2003 Substituted "secretary" for "commissioner", "agency" for "department" and "agency of agriculture, food and markets" for "department of agriculture, food and markets" throughout.

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture" in the section heading and in the second and third sentences.

§ 3913. Euthanasia certification.

  1. The Secretary of Agriculture, Food and Markets shall establish rules for a euthanasia training program and certification process for persons completing the program.
  2. The Secretary of Agriculture, Food and Markets shall establish rules for the possession and use of euthanasia solutions by registered animal shelters that utilize certified euthanasia technicians. The rules shall identify euthanasia solutions that may be used, techniques for the proper handling and storage of solutions and requirements for recordkeeping, and address any other matter deemed necessary by the Secretary.
  3. The Secretary of Agriculture, Food and Markets may revoke or suspend certification upon violation of the rules adopted under this section.
  4. The rules shall comply with all applicable federal drug enforcement standards.
  5. The Secretary of Agriculture, Food and Markets has no responsibility to enforce any other statute relating to the abuse of narcotics or other regulated substance unless specifically authorized by such statute.

    Added 1993, No. 116 (Adj. Sess.), § 1, eff. March 23, 1994; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 30 , § 6.

History

Amendments--2013 Made minor stylistic changes.

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" throughout.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

§ 3914. Special funds.

Fees collected under this subchapter shall be credited to a special fund and shall be available to the Agency of Agriculture, Food and Markets to offset the cost of providing the services.

Added 1999, No. 49 , § 131; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 30 , § 6.

History

Amendments--2013. Substituted "subchapter" for "chapter" following "fees collected under this".

Amendments--2003 Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets".

§ 3915. Health certificate for transport into State.

  1. A dog, cat, ferret, or wolf-hybrid imported into the State for sale, resale, exchange, or donation shall be accompanied by an official health certificate or similar certificate of inspection for the dog, cat, ferret, or wolf-hybrid issued by a veterinarian licensed in the state or country of origin. The certificate shall certify that:
    1. the dog, cat, ferret, or wolf-hybrid has been inspected and is free of visible signs of infections or contagious or communicable disease; and
    2. if the dog, cat, ferret, or wolf-hybrid is more than three months of age, the dog, cat, ferret, or wolf-hybrid has a current rabies vaccination or is a specific breed for which a rabies vaccination is not age-appropriate.
  2. The Agency of Agriculture, Food and Markets may adopt rules regarding the issuance and contents of any certificate required under subsection (a) of this section.

    Added 2009, No. 158 (Adj. Sess.), § 15; amended 2013, No. 30 , § 6.

History

Amendments--2013. Made minor stylistic changes.

Subchapter 3. Sale of Cats, Dogs, and Wolf-hybrids

§ 3921. Sale of a cat, dog, or wolf-hybrid; restitution.

  1. If, within seven days following the sale of a cat, dog, or wolf-hybrid by a pet dealer or pet shop, a licensed veterinarian of the consumer's choosing certifies the cat, dog, or wolf-hybrid to be unfit for purchase due to illness or the presence of signs of contagious or infectious disease or if within one year the veterinarian certifies the existence of congenital malformation or hereditary disease, the consumer may act under subdivision (1) of this subsection or, if mutually agreed upon, under subdivision (2) or (3) of this subsection. The consumer shall have the right:
    1. To return the cat, dog, or wolf-hybrid to the pet dealer or pet shop and receive a full refund of the purchase price, including sales tax and reasonable veterinary fees related to certification under this section. A veterinary finding of intestinal parasites is not grounds for declaring a cat, dog, or wolf-hybrid unfit, nor is an injury or illness sustained subsequent to the consumer taking possession of a cat, dog, or wolf-hybrid.
    2. To return the cat, dog, or wolf-hybrid to the pet dealer or pet shop and receive an exchange cat, dog, or wolf-hybrid of the consumer's choice of equivalent value and reasonable veterinary costs related to certification under this subsection.
    3. To retain the cat, dog, or wolf-hybrid and receive reimbursement from the pet dealer or pet shop for reasonable veterinary service for the purpose of curing or attempting to cure the cat, dog, or wolf-hybrid. In no case shall this service exceed the purchase price of the cat, dog, or wolf-hybrid. Value of service is reasonable if it compares to similar service rendered by other veterinarians in the area, but in no case may it cover costs not directly related to the certification of unfitness.
  2. The Secretary shall prescribe a form for and the content of the certificate to be used under subsection (a) of this section. The form shall include an identification of the type of cat, dog, or wolf-hybrid, the owner, the date and diagnosis, the treatment recommended, if any, and an estimated cost of the treatment. The form shall also include notice of the provisions of subsection (a) of this section.
  3. Every pet dealer or pet shop who sells a cat, dog, or wolf-hybrid to a consumer shall provide the consumer at the time of sale with the written form prescribed by the Secretary. The notice may be included in a written contract, a certificate of the history of the cat, dog, or wolf-hybrid, or another separate document.
  4. The Secretary shall prescribe by rule other information that shall be provided in writing by the pet dealer or pet shop to the consumer at the time of sale. The information shall include a description of the cat, dog, or wolf-hybrid, including breed and date of purchase; the name, address, and telephone number of the consumer; and the purchase price. Certification of this document occurs when signed by the pet dealer or pet shop.
  5. Refund or reimbursement required under subsection (a) of this section shall be made within ten business days following receipt of the signed veterinary certification. The certification shall be presented to the pet dealer or pet shop within three business days by the consumer.

    Added 2013, No. 30 , § 6.

§ 3922. Challenge by pet dealer or pet shop.

A pet dealer or pet shop may contest a demand for reimbursement, refund, or exchange under section 3921 of this title by requiring the consumer to produce the cat, dog, or wolf-hybrid for examination by a licensed veterinarian of the pet dealer or pet shop's designation. If the consumer and the pet dealer or pet shop are unable to reach an agreement under the provisions of this section within ten business days of an examination, the consumer may initiate an action in a court of competent jurisdiction in the locality where the consumer resides to obtain a refund, exchange, or reimbursement. Nothing in this section shall limit the rights or remedies that are otherwise available to the consumer under any other law.

Added 2013, No. 30 , § 6.

§ 3923. Administrative penalties.

The Secretary may assess administrative penalties under 6 V.S.A. §§ 15-17 not to exceed $1,000.00 for violations of this subchapter.

Added 2013, No. 30 , § 6.

§ 3924. Exemptions.

Duly incorporated humane societies, rescue organizations, or animal shelters that make animals available for adoption are exempt from the requirements of this subchapter.

Added 2013, No. 30 , § 6.

CHAPTER 195. RABIES CONTROL

Sec.

History

Effect of 1993 (Adj. Sess.) amendment on existing rules. 1993, No. 213 (Adj. Sess.), § 33, eff. June 15, 1994, provided: "Any existing rules of the departments of agriculture, food and markets, fish and wildlife and health concerning rabies shall remain in full force and effect until amended or repealed by the adopting authority."

Cross References

Cross references. Control of rabies generally, see chapter 193, subchapter 5 of this title.

§§ 4001-4004. Repealed. 1993, No. 213 (Adj. Sess.), § 32, eff. June 15, 1994.

History

Former §§ 4001-4004. Former § 4001, relating to the establishment in the northern counties of a buffer zone of rabies vaccinated dogs, was derived from 1963, No. 48 , § 1, and previously repealed by 1971, No. 3 , § 1.

Former § 4002, relating to the establishment and fees of clinics pursuant to former § 4001 of this chapter, was derived from 1963, No. 48 , § 2, and previously repealed by 1971, No. 3 , § 1.

Former § 4003, relating to rabies immunization requirements for dogs, was derived from 1963, No. 48 , § 3, and amended 1965, No. 36 , § 7; 1966, No. 62 (Sp. Sess.), § 4; 1971, No. 23 ; 1989, No. 256 (Adj. Sess.), § 10(a).

Former § 4004, relating to state board of health regulations for the prevention of rabies in humans, was derived from 1963, No. 48 § 4.

CHAPTER 199. SALE OF DOGS AND CATS

Sec.

§§ 4301-4304. Repealed. 2013, No. 30, § 7.

History

Former §§ 4301-4304. Former § 4301, relating to definitions pertaining to the sale of dogs and cats, was derived from 1989, No. 270 (Adj. Sess.), § 3.

Former § 4302, relating to restitution from sale of animal, was derived from 1989, No. 270 (Adj. Sess.), § 3.

Former § 4303, relating to challenges by pet dealer, was derived from 1989, No. 270 (Adj. Sess.), § 3.

Former § 4304, relating to administrative penalties, was derived from 1997, No. 130 (Adj. Sess.), § 3.

PART 9 Assemblies

Cross References

Cross references. Breaches of the peace, see 13 V.S.A. chapter 19.

Department of public safety generally, see chapter 111 of this title.

Police powers of municipalities generally, see 24 V.S.A. chapter 61.

CHAPTER 201. PUBLIC ASSEMBLIES

Sec.

§ 4501. Definitions.

As used in this chapter:

  1. "permit" means a written statement, issued by the commissioner of public safety or his designee, authorizing the holding of a commercial public assembly under stated conditions as to time, place and manner;
  2. "permit officer" means the commissioner of public safety or officer designated by him to issue permits;
  3. "person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
  4. "political subdivision" means a city, town, village, gore or other incorporated place;
  5. "commercial public assembly" or "assembly" means a gathering of two thousand or more individuals in a public place which the general public is permitted or invited to attend, conducted or promoted for profit, whether or not a profit is actually returned, where persons are admitted on payment of cash, entry fees, advance subscriptions, or donations, or any thing of value;
  6. "promotional activity" means purchasing paid advertisements in any media of communication, or circulation of printed material advertising the assembly;
  7. "public place" means an open area where patrons cannot be accommodated inside a permanent building, other than a stadium used for sporting events, or a fairground having permanent seats for patrons, with respect to which a private person permits use by the general public.

    Added 1973, No. 181 (Adj. Sess.), § 1, eff. March 30, 1974.

History

Revision note. In the introductory clause, substituted "chapter" for "act" for purposes of conformity with V.S.A. style.

§ 4502. Permit; when to obtain.

Any person who intends to hold or organizes or promotes a commercial public assembly shall obtain a permit to do so.

Added 1973, No. 181 (Adj. Sess.), § 2, eff. March 30, 1974.

History

Revision note. At the beginning of the section, deleted designation for subsec. (a) for purposes of conformity with V.S.A. style.

Cross References

Cross references. Imposition of conditions upon grant of permit, see § 4507 of this title.

Judicial review and orders relating to permits, see §§ 4508-4510 of this title.

Penalty for conduct, organization or promotion of assembly without permit, see § 4511 of this title.

§ 4503. To whom application made; time.

An application for a permit to hold an assembly shall be filed with the permit officer not less than 30 days before the date of the assembly. The permit officer may act on an application not filed in time if the public health and safety will not be jeopardized by such action.

Added 1973, No. 181 (Adj. Sess.), § 3, eff. March 30, 1974.

Cross References

Cross references. Procedure upon receipt of application, see §§ 4505 and 4506 of this title.

§ 4504. Contents of application.

  1. An application for a permit to hold an assembly shall be in writing and signed by an individual authorized to act for the person sponsoring it.
  2. The application shall state:
    1. the date and hours the assembly is to be held;
    2. the name, residence address, and the telephone number of the applicant, the principal officers of the applicant, the individual making the application, and any other individual authorized to represent the applicant in applying for the permit;
    3. the designation and location of the public place where the assembly is to be held;
    4. that the requested use by the applicant of the designated place has been granted by the person having authority to grant the use of the public place;
    5. the estimated number of persons expected to participate in or attend the public assembly;
    6. a schedule and copies of all promotional activity the applicant has engaged in or intends to engage in;
    7. the general nature of the assembly and the arrangements made to protect the public health and safety during the conduct of the assembly, including arrangements with respect to traffic direction, crowd control and sanitation facilities;
    8. any additional information the applicant wishes to furnish.

      Added 1973, No. 181 (Adj. Sess.), § 4, eff. March 30, 1974.

Cross References

Cross references. Action upon application by permit officer, see § 4506 of this title.

§ 4505. Receipt of application.

Upon receipt of an application for a permit to hold an assembly, the permit officer shall note the time of filing on the application and shall promptly mail or otherwise deliver a copy of the application to the principal officers of the applicant named in the application, to the Attorney General, the State's Attorney having jurisdiction, and the clerk of the political subdivision in which the assembly is to be held.

Added 1973, No. 181 (Adj. Sess.), § 5, eff. March 30, 1974; amended 2021, No. 20 , § 211.

History

Revision note. At the beginning of the section, deleted designation for subsec. (a) for purposes of conformity with V.S.A. style.

Amendments--2021. Substituted "promptly" for "forthwith".

Cross References

Cross references. Imposing of conditions upon grant of permit, see § 4507 of this title.

§ 4506. Action on application.

  1. The permit officer shall:
    1. issue the permit as requested; or
    2. issue the permit subject to any conditions authorized in section 4507 of this title, which he or she deems necessary to protect the public health and safety; or
    3. apply to the superior court for an order enjoining the holding of the public assembly if conditions cannot be imposed which will protect the public health and safety.  If the permit officer fails to act on the application within ten days of the assembly, he or she is deemed to have granted the permit as requested.
  2. The permit officer shall give the applicant immediate notice in writing of his or her action on the application.
  3. By agreement in writing the applicant and the permit officer may modify the time requirements of section 4503 of this title.

    Added 1973, No. 181 (Adj. Sess.), § 6, eff. March 30, 1974; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Revision note. In subdiv. (a)(2), substituted "section 4507 of this title" for "Sec. 7" to conform reference to V.S.A. style.

In subsec. (c), substituted "section 4503 of this title" for "Sec. 3" to conform reference to V.S.A. style.

Amendments--1973 (Adj. Sess.). Subdiv. (a)(3): Substituted "superior court" for "county court".

Cross References

Cross references. Judicial review and orders relating to permits, see §§ 4508-4510 of this title.

§ 4507. Criteria for imposing conditions on permit.

  1. If there is a reasonable likelihood that an assembly will substantially harm the public health or safety, the permit officer shall grant the permit upon conditions reasonably necessary to avoid substantial harm to the public health or safety.
  2. The permit officer may impose conditions to ensure that:
    1. public sanitation, food, water, and emergency medical facilities are adequate;
    2. the time, place, and duration of the assembly is suitable in view of the number of persons expected to attend;
    3. measures for controlling the crowd and managing the assembly are adequate;
    4. the assembly will not substantially impair the provision of fire and police protection and medical and other essential public services;
    5. the assembly will not unreasonably interfere with the quiet enjoyment of a residential community;
    6. litter incidental to the assembly will be removed and disposed of;
    7. the person holding the public assembly furnishes an adequate bond or arranges other financial security in a reasonable amount to ensure reimbursement of a political subdivision, the State of Vermont, or any police agency, for the cost of additional law enforcement officers required to meet any other condition.

      Added 1973, No. 181 (Adj. Sess.), § 7, eff. March 30, 1974; amended 2021, No. 20 , § 212.

History

Amendments--2021. Subdiv. (b)(7): Substituted "ensure" for "insure".

Cross References

Cross references. Imposition of conditions by court, see § 4507 of this title.

Penalty for violation of condition imposed in permit, see § 4511 of this title.

§ 4508. Judicial review.

  1. If there is a reasonable likelihood that an assembly will substantially harm the public health or safety and this cannot be avoided by imposition of conditions, or if no permit for such an assembly has been applied for, the permit officer shall apply without delay to the Superior Court for an order enjoining the applicant, other interested persons, or those persons the permit officer believes intend to hold an assembly without a permit, from holding the assembly.
  2. An applicant may petition the Superior Court for review of the reasonableness of any conditions imposed in a permit. A person who desires to organize or promote any outdoor public gathering may also petition the court for an order declaring that the gathering is not subject to this chapter. The petition shall contain a copy of the application, a copy of the permit, if any, and state the grounds for the decision requested.

    Added 1973, No. 181 (Adj. Sess.), § 8, eff. March 30, 1974; amended 2021, No. 20 , § 213.

History

Revision note. In the second sentence of subsec. (b), substituted "chapter" for "act" for purposes of conformity with V.S.A. style.

Amendments--2021. Subsec. (a): Substituted "apply without delay" for "forthwith apply".

Cross References

Cross references. Appeals from superior court, see § 4510 of this title.

Penalty for violation of condition imposed in permit, see § 4511 of this title.

§ 4509. Judicial order relating to an assembly.

When a permit officer applies to the superior court for a restraining order, injunctive relief, or other order, or a person applies for judicial review under subsection 4508(b) of this title, the court shall expedite the proceedings to afford timely relief, cause appropriate notice to be given, and hear the case without a jury. Evidence commonly relied upon by prudent men in the conduct of their affairs may be received. Upon a hearing, the court may enter an order declaring no permit is required, grant the permit as requested, grant a permit upon specified conditions, or enjoin the holding of the assembly, if there is a reasonable likelihood that the assembly will substantially harm public health or safety and this cannot be avoided by the imposition of conditions on the permit.

Added 1973, No. 181 (Adj. Sess.), § 9, eff. March 30, 1974.

History

Revision note. In the first sentence, substituted "subsection (b) of section 4508 of this title" for "subsection (b) of Sec. 8" to conform reference to V.S.A. style.

Cross References

Cross references. Appeals from superior court, see § 4510 of this title.

Application to court by permit officer generally, see § 4506 of this title.

§ 4510. Appeals.

A party may obtain a review of a final judgment of the superior court by appeal to the supreme court. The appeal shall be taken as in other civil cases. The taking of an appeal does not operate to stay the order of the superior court, but the supreme court may stay the order pending determination of the appeal.

Added 1973, No. 181 (Adj. Sess.), § 10, eff. March 30, 1974.

Cross References

Cross references. Proceedings in superior court generally, see §§ 4508 and 4509 of this title.

§ 4511. Penalties.

A person who intentionally:

  1. violates a condition imposed in a permit to hold an assembly with knowledge of the provision; or
  2. conducts, organizes, or promotes an assembly without applying for a permit, may be fined not more than $2,000.00 or imprisoned for not more than two years, or both.

    Added 1973, No. 181 (Adj. Sess.), § 11, eff. March 30, 1974; amended 2021, No. 20 , § 214.

History

Revision note. At the beginning of the section, deleted designation for subsec. (a) for purposes of conformity with V.S.A. style.

Amendments--2021. Substituted "intentionally" for "willfully" in the introductory language.

PART 10 Fingerprinting of Minors

History

Revision note. The part heading was added for purposes of clarity and for conformity with the organization and classification scheme of V.S.A.

CHAPTER 203. VOLUNTARY FINGERPRINTING

Sec.

Cross References

Cross references. Age of majority, see 1 V.S.A. § 173.

Fingerprinting of criminal defendants, see Rule 16.1, Vermont Rules of Criminal Procedure.

Maintenance of system for filing of missing person complaints, see 24 V.S.A. § 2294.

Missing person complaints, reports and investigations, see chapter 112 of this title.

§ 4601. Purpose.

It is the purpose of this chapter to allow state and local law enforcement agencies to assist in providing fingerprint records of minors to their parents or guardians who so request and to ensure the classifiability of the fingerprints so taken.

Added 1985, No. 27 .

§ 4602. Authority to take fingerprints of minors.

  1. Subject to the conditions set forth in subsection (b) of this section, any state or local law enforcement agency may establish or participate in a program of voluntary fingerprinting of minors.  Only minors whose parents or guardians request the same shall be fingerprinted under the provisions of this chapter.
  2. A law enforcement officer shall not take the fingerprints of a minor as a part of a program of voluntary fingerprinting unless he or she has, within the past three years, received training approved by the criminal justice training council in the taking of classifiable fingerprints as certified by the criminal justice training council.
  3. Any law enforcement agency participating in a program of voluntary fingerprinting of minors shall ensure that fingerprints are taken in such manner and with such materials and equipment as to ensure their classifiability and their use under the Federal Missing Children Act (28 U.S.C. section 534).

    Added 1985, No. 27 .

History

Revision note. In the first sentence of subsec. (a), substituted "subsection (b) of this section" for "subsection (b)" to conform reference to V.S.A. style.

In subsec. (c), substituted "28 U.S.C. section 534" for "18 U.S.C. section 534" to correct an error in the reference.

Cross References

Cross references. Vermont Criminal Justice Council, see chapter 151 of this title.

§ 4603. Ownership of fingerprint records.

  1. No law enforcement officer or agency shall make or retain duplicates of fingerprint cards or records taken as a part of a program of voluntary fingerprinting.
  2. Fingerprint cards and records created under this chapter shall be given to the parents or guardians of the minor to be held for the benefit of the minor.  Such cards and records shall become the property of the person fingerprinted when he or she attains the age of majority.
  3. Fingerprint cards and records created under this chapter shall not be used against the person fingerprinted in any criminal or other judicial proceeding and all cards and records shall prominently state this limitation on their use.

    Added 1985, No. 27 .

§ 4604. Exclusions.

  1. Nothing in this chapter prohibits any person from fingerprinting any other person by a method not authorized by this chapter.  However, this chapter provides the only sanctioned method by which law enforcement agencies and officers may take fingerprints of minors pursuant to a program of voluntary fingerprinting of minors.
  2. No law enforcement agency or officer is required by this chapter to take the fingerprints of any minor if doing so would be unreasonably difficult or impossible or would create an undue burden on the law enforcement agency or officer.

    Added 1985, No. 27 .

PART 11 Drones

CHAPTER 205. DRONES

Sec.

§ 4621. Definitions.

As used in this chapter:

  1. "Correctional facility" shall have the same meaning as in 28 V.S.A. § 3 .

    "Drone" means a powered aerial vehicle that does not carry a human operator and is able to fly autonomously or to be piloted remotely.

    "Law enforcement agency" means:

    1. the Vermont State Police;
    2. a municipal police department;
    3. a sheriff's department;
    4. the Office of the Attorney General;
    5. a State's Attorney's office;
    6. the Capitol Police Department;
    7. the Department of Liquor and Lottery;
    8. the Department of Fish and Wildlife;
    9. the Department of Motor Vehicles;
    10. a State investigator; or
    11. a person or entity acting on behalf of an agency listed in this subdivision (3).

      (4) "Public safety agency" shall have the same meaning as in section 1841 of this title.

      Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016; amended 2017, No. 101 (Adj. Sess.), § 2, eff. April 17, 2018; 2019, No. 73 , § 34.

History

Amendments--2019. Subdiv. (3)(G): Substituted "Department of Liquor and Lottery" for "Department of Liquor Control".

Amendments--2017 (Adj. Sess.). Added subdiv. (1); redesignated former subdivs. (1) and (2) as subdivs. (2) and (3), respectively; and added subdiv. (4).

§ 4622. Law enforcement use of drones.

  1. Except as provided in subsection (c) of this section, a law enforcement agency shall not use a drone or information acquired through the use of a drone for the purpose of investigating, detecting, or prosecuting crime.
    1. A law enforcement agency shall not use a drone to gather or retain data on private citizens peacefully exercising their constitutional rights of free speech and assembly. (b) (1)  A law enforcement agency shall not use a drone to gather or retain data on private citizens peacefully exercising their constitutional rights of free speech and assembly.
    2. This subsection shall not be construed to prohibit a law enforcement agency from using a drone:
      1. for observational, public safety purposes that do not involve gathering or retaining data; or
      2. pursuant to a warrant obtained under Rule 41 of the Vermont Rules of Criminal Procedure.
  2. A law enforcement agency may use a drone and may disclose or receive information acquired through the operation of a drone if the drone is operated:
    1. for a purpose other than the investigation, detection, or prosecution of crime, including search and rescue operations and aerial photography for the assessment of accidents, forest fires and other fire scenes, flood stages, and storm damage; or
    2. pursuant to:
      1. a warrant obtained under Rule 41 of the Vermont Rules of Criminal Procedure; or
      2. a judicially recognized exception to the warrant requirement.
    1. When a drone is used pursuant to subsection (c) of this section, the drone shall be operated in a manner intended to collect data only on the target of the surveillance and to avoid data collection on any other person, home, or area. (d) (1)  When a drone is used pursuant to subsection (c) of this section, the drone shall be operated in a manner intended to collect data only on the target of the surveillance and to avoid data collection on any other person, home, or area.
    2. Facial recognition or any other biometric matching technology shall not be used on any data that a drone collects on any person, home, or area other than the target of the surveillance.
      1. If a law enforcement agency uses a drone in exigent circumstances pursuant to subdivision (c)(2)(B) of this section, the agency shall obtain a search warrant for the use of the drone within 48 hours after the use commenced. (3) (A) If a law enforcement agency uses a drone in exigent circumstances pursuant to subdivision (c)(2)(B) of this section, the agency shall obtain a search warrant for the use of the drone within 48 hours after the use commenced.
      2. If the court denies an application for a warrant filed pursuant to subdivision (A) of this subdivision (d)(3):
        1. use of the drone shall cease immediately; and
        2. information or evidence gathered through use of the drone shall be destroyed.
  3. Information or evidence gathered in violation of this section shall be inadmissible in any judicial or administrative proceeding.

    Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016.

§ 4623. Use of drones; Federal Aviation Administration requirements.

  1. Any use of drones by any person, including a law enforcement agency, shall comply with all applicable Federal Aviation Administration requirements and guidelines.
  2. It is the intent of the General Assembly that any person who uses a model aircraft as defined in the Federal Aviation Administration Modernization and Reform Act of 2012 shall operate the aircraft according to the guidelines of community-based organizations such as the Academy of Model Aeronautics National Model Aircraft Safety Code.

    Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016.

§ 4624. Reports.

  1. On or before September 1 of each year, any law enforcement agency that has used a drone within the previous 12 months shall report the following information to the Department of Public Safety:
    1. The number of times the agency used a drone within the previous 12 months. For each use of a drone, the agency shall report the type of incident involved, the nature of the information collected, and the rationale for deployment of the drone.
    2. The number of criminal investigations aided and arrests made through use of information gained by the use of drones within the previous 12 months, including a description of how the drone aided each investigation or arrest.
    3. The number of times a drone collected data on any person, home, or area other than the target of the surveillance within the previous 12 months and the type of data collected in each instance.
    4. The cost of the agency's drone program and the program's source of funding.
  2. On or before December 1 of each year that information is collected under subsection (a) of this section, the Department of Public Safety shall report the information to the House and Senate Committees on Judiciary and on Government Operations.

    Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016.

§ 4625. Correctional facilities; use of drones prohibited; civil penalty.

  1. A person shall not knowingly operate a drone over a correctional facility or surrounding property that is readily recognizable to a reasonable person as being correctional facility property or is reasonably identified as such by fencing or appropriate signs.
  2. A person who violates subsection (a) of this section shall be assessed a civil penalty of not more than $500.00.
    1. Subsection (a) of this section shall not apply to the use of a drone by: (c) (1)  Subsection (a) of this section shall not apply to the use of a drone by:
      1. the Department of Corrections;
      2. a person operating a drone with the written consent of the correctional facility's supervising officer; or
      3. a person operating a drone that is being used for a commercial purpose, if the person is operating in compliance with any authorization, rule, or exemption granted by the Federal Aviation Administration.
    2. With prior notice to the correctional facility, subsection (a) of this section shall not apply to the use of a drone by:
      1. the Department of Buildings and General Services or its contractors working on behalf of the Department;
      2. a law enforcement agency; or
      3. a public safety agency responding to an emergency or a person engaged in emergency functions or emergency management pursuant to chapter 1 of this title (emergency management).

        Added 2017, No. 101 (Adj. Sess.), § 3, eff. April 17, 2018.

PART 12 Personally Identifying Information

CHAPTER 207. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION

Sec.

History

Legislative findings and intent. 2017, No. 5 , § 1 provides: "The General Assembly finds that:

"(1) In Vermont, we celebrate the rich cultural heritage and diversity of our residents.

"(2) All Vermont residents should be free from discrimination on the basis of their sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, immigration status, age, or disability.

"(3) Vermont must uphold the protection of religious freedom enshrined in the U.S. Constitution and the Vermont Constitution for all its people, and the State has a moral obligation to protect its residents from religious persecution.

"(4) Article 3 of Chapter I of the Vermont Constitution prohibits any power from assuming any authority that interferes with or controls, in any manner, the rights of conscience in the free exercise of religious worship.

"(5) Article 7 of Chapter I of the Vermont Constitution, also known as the Common Benefits Clause, provides that State benefits and protections are "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."

"(6) Vermont residents have a right to privacy with respect to religious affiliation and an expectation that religious affiliation or identification shall not affect their residency in the State.

"(7) Vermont residents are afforded the benefits and protections of law enforcement and public safety without regard to their sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, immigration status, age, or disability. Consequently, they have a reasonable expectation that government officials will not monitor them or otherwise single them out merely on the basis of these characteristics. They likewise have a reasonable expectation that State and local government officials will not contribute to the creation or development of a registry based on the personally identifying information as defined in this act. Indeed, Vermont residents have expressed grave concerns that the federal government seeks to create or develop such a registry, which would be contrary to Vermont and American values. This act is intended to narrowly address those concerns without impeding Vermont residents' enjoyment of other legal rights and benefits.

"(8) Vermont State and local law enforcement work tirelessly to protect the rights and security of all Vermont residents afforded them under the Vermont and U.S. Constitutions. Moreover, Vermont residents benefit from and are safer through the cooperative and mutually beneficial interaction between local, State, and federal law enforcement, including the U.S. Border Patrol.

"(9) Vermont residents are more likely to engage with law enforcement and other officials by reporting emergencies, crimes, and acting as witnesses; to participate in economic activity; and to be engaged in civic life if they can be assured they will not be singled out on the basis of the personally identifying information as defined in this act.

"(10) This act is not intended to interfere with the enforcement of Vermont's public safety laws or efforts to prioritize immigration enforcement concerning individuals who pose a threat to Vermont's public safety.

"(11) The State of Vermont therefore has a substantial, sovereign interest in prohibiting State and local government officials from collecting or disclosing certain information to federal authorities for the purposes of registration of its residents based on the personally identifying information as defined in this act. These prohibitions are not intended to interfere with Vermont residents' rights to free and equal access to government benefits and protection or the collection or sharing of data necessary to provide such benefits and protections."

§ 4651. Prohibited disclosure of personally identifying information.

  1. As used in this section:
    1. "Personally identifying information" means information concerning a person's sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, immigration status, age, or disability.
    2. "Public agency" has the same meaning as in 1 V.S.A. § 317 and shall include all officers, employees, agents, and independent contractors of the public agency.
  2. A public agency shall not:
    1. collect information regarding the religious beliefs, practices, or affiliation of any individual for the purpose of registration of an individual based on his or her religious beliefs, practices, or affiliations;
    2. knowingly disclose personally identifying information to any federal agency or official for the purpose of registration of an individual based on his or her personally identifying information; or
    3. use public agency money, facilities, property, equipment, or personnel to assist in creating or enforcing any federal government program for the registration of an individual based on his or her personally identifying information.
  3. Any section, term, or provision of an agreement in existence on the effective date of this section that conflicts with subsection (b) of this section shall be invalidated on that date to the extent of the conflict.
  4. Nothing in this section is intended to prohibit or impede any public agency from complying with the lawful requirements of 8 U.S.C. §§ 1373 and 1644. To the extent any State or local law enforcement policy or practice conflicts with the lawful requirements of 8 U.S.C. §§ 1373 and 1644, said policy or practice is, to the extent of such conflict, abolished.
  5. Nothing in this section is intended to prohibit or impede any public agency from disclosing or exchanging aggregated information that cannot be used to identify an individual with any other public agency or federal agency or official.

    Added 2017, No. 5 , § 2, eff. March 28, 2017.

§ 4652. Authorization to enter into agreements pursuant to 8 U.S.C. § 1357(g) and 19 U.S.C. § 1401(i).

  1. Notwithstanding any other provision of law, only the Governor, in consultation with the Vermont Attorney General, is authorized to enter into, modify, or extend an agreement pursuant to 8 U.S.C. § 1357(g) or 19 U.S.C. § 1401(i) .
  2. Notwithstanding subsection (a) of this section, a State, county, or municipal law enforcement agency is authorized to enter into an agreement pursuant to 8 U.S.C. § 1357(g) or 19 U.S.C. § 1401(i) when necessary to address threats to the public safety or welfare of Vermont residents arising out of a declaration of a State or national emergency.

    Added 2017, No. 5 , § 2, eff. March 28, 2017.