§ 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.

§ 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. §§ 11001-11050 (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.

§ 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.

§ 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.

§ 4. Repealed. 1996, No. 188, § 4.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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 Repealed. 2005, No. 209 (Adj.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

§ 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.

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 Repealed. 2005, No. 209 (Adj.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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 12 V.S.A. chapter 189.
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.

§ 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.

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 Repealed. 2005, No. 209 (Adj.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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 or she 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.

§ 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.

§ 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.

§ 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.

§ 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. §§ 11001-11050 (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.

§ 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.

§ 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 that 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.

§ 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.

§ 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 or her 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 or her 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.

§ 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.

§ 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.

§ 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.

§ 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.].

§ 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 32 V.S.A. chapter 7, subchapter 5. 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).

§ 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.

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 that would otherwise be lawful, and nothing contained in this section shall be deemed to repeal any of the provisions of the Uniform Act on Fresh Pursuit.

§ 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.

§ 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, that 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.

§ 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.

§ 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.

§ 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.

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

§ 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 or she 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 or she 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 363. Officers generally.

1. 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.
2. The Adjutant and Inspector General shall be granted the rank of a major general within the State.
3. 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.
4. 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.
5. 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.
6. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 482. Repealed. 2021, No. 10, § 18.

§ 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.

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

§ 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.

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 602. Repealed. 2021, No. 10, § 27.

§ 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.

§ 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.

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

§ 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.

§ 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.

§ 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.

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

1. 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.
2. 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.
3. 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.

§ 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.

§ 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.

§ 643. Repealed. 2021, No. 10, § 36.

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

§ 645. Repealed. 2021, No. 10, § 37.

§ 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.

§ 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.

§ 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.

§ 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.

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

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

§ 821. Repealed. 2021, No. 10, § 42.

§ 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.

§ 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.

§ 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.

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

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

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

§ 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.

§ 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.

§ 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.

§ 887. Repealed. 2021, No. 10, § 49.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 961. Commanding officer nonjudicial discipline.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

§ 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.
2. 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.
3. 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.

§ 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.
3. 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.
   2. 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. 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.
2. The appeal shall be promptly forwarded and decided, but the service member disciplined may, in the meantime, be required to undergo the discipline adjudged.
3. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§§ 1272, 1273. Repealed. 1969, No. 261 (Adj. Sess.), § 6, eff. April 7, 1970.

§ 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.

§§ 1481, 1482. Repealed. 1959, No. 329 (Adj. Sess.), § 59, eff. March 1, 1961.

§ 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.

§ 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.

§ 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.

§ 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.

§ 1487. Repealed. 2009, No. 33, § 83(i)(3).

§§ 1541 Repealed. 1965, No. 21, § 1, eff. July 1, 1967.

§ 1542. Repealed. 1965, No. 21, § 2, eff. July 1, 1966.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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. § 23(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).

§ 1582. Rules.

The Vermont Veterans' Memorial Cemetery Advisory Board may adopt rules under the provisions of 3 V.S.A. chapter 25 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.

§ 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.

§ 1601. Aid to needy veterans.

1. The monies 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.

§§ 1602-1604. Repealed. 2001, No. 116 (Adj. Sess.), § 9.

§ 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.

§ 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.

§ 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.
   2. 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.

§ 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.

§ 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.

§ 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.

§§ 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.

§ 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.

§ 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 statewide or local disasters or emergencies.

§ 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.

§ 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.

§ 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.

§ 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 that 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.

§ 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.

§ 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.

§ 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.
4. 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 ).

§ 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.

§ 1820. Definitions.

As used in this chapter:

1. "Missing person" means an individual:
   1. whose whereabouts is unknown; and
   2. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.
2. 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.

§ 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.

§ 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 that 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 that 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 that 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.

§ 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.

§§ 1872a Repealed. 2009, No. 33, § 83(i)(4).

§ 1873. Repealed. 2019, No. 166 (Adj. Sess.), § 25, eff. Oct. 1, 2020.

§ 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.

§ 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.
2. 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.

§ 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.

§ 1877. Repealed. 1999, No. 151 (Adj. Sess.), § 9.

§ 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.

§ 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 Vermont Criminal Justice Council.

Amended 1979, No. 57 , § 16.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 .

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 1923. Internal investigation.

1. 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.
2. 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.
3. 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.
4. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 of 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 that 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.

§ 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.
6. 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 that 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 that 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.
7. Except for records obtained from forensic unknown samples, no DNA records of samples of tissue, fluid, or other biological substance that 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.

§ 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 3 V.S.A. chapter 25 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 3 V.S.A. chapter 25 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 or her 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.

§§ 2011-2021. Repealed. 1969, No. 290 (Adj. Sess.), § 12.

§ 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.

§ 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.
2. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 2056c. Dissemination of criminal conviction records to the public.

1. As used in this section:
   1. "The Center" means the Vermont Crime Information Center.
   2. 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.

§ 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.

§ 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.

§ 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.

§ 2056g. Repealed. 2007, No. 165 (Adj. Sess.), § 9.

§ 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.

§ 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.

§ 2059. Relationship to Departments of Corrections and of 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 that 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.

§ 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 16 V.S.A. chapter 5, subchapter 4.

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.

§ 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 that 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.

§ 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.

§ 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 34 U.S.C. § 40104.
   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.
3. 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.
4. 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.

§ 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.

§ 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, 34 U.S.C. §§ 40311- 40316. 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.