reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4083. Title of chapter

§ 4083. Title of chapter
This chapter may be known and cited as the “Motor Vehicle Manufacturers, Distributors, and Dealers Franchising Practices Act.” (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4084. Legislative findings

§ 4084. Legislative findings
(a) The Legislature finds and declares that the distribution and sale of vehicles within this State vitally affects the general economy of the State and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate vehicle manufacturers, distributors, or wholesalers and factory or distributor representatives, and to regulate franchises issued by the aforementioned who are doing business in this State in order to prevent frauds, impositions, and other abuses upon its citizens and to protect and preserve the investments and properties of the citizens of this State.
(b) The Legislature further finds that there continues to exist an inequality of bargaining power between motor vehicle franchisors and motor vehicle franchisees. This inequality of bargaining power enables motor vehicle franchisors to compel motor vehicle franchisees to execute franchises and related agreements that contain terms and conditions that would not routinely be agreed to by the motor vehicle franchisees if this inequality did not exist. Furthermore, as the result of the inequality of bargaining power, motor vehicle franchisees have not had the opportunity to have disputes with their motor vehicle franchisors arising out of the franchisor-franchisee relationship heard in an appropriate venue, convenient to both parties, by tribunals established by statute for the resolution of these disputes. It therefore is in the public interest to enact legislation to prevent unfair or arbitrary treatment of motor vehicle franchisees by motor vehicle franchisors. It is the Legislature’s intent to have this chapter liberally construed in order to achieve its purpose. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4087. Transportation damages

§ 4087. Transportation damages
(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles before delivery to a carrier or transporter.
(b) If a new motor vehicle dealer determines the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier.
(c) In every other instance, the risk of loss remains with the manufacturer until such time as the new motor vehicle dealer or his or her designee accepts the vehicle from the carrier.
(d)(1) On any new motor vehicle, a manufacturer or distributor shall disclose in writing to a dealer and a dealer shall disclose in writing to the ultimate purchaser any uncorrected damage or any corrected damage to the vehicle, as measured by retail repair costs, if the corrected damage exceeds the following percentage of the manufacturer’s suggested retail price, as defined in 15 U.S.C. §§ 1231-1233:
(A) five percent up to the first $10,000.00; and
(B) two percent on any amount over $10,000.00.
(2) Damage to glass, tires, wheels, and bumpers shall be excluded from the calculation required in this subsection when replaced by identical manufacturer’s original equipment. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 1989, No. 31; 1989, No. 147 (Adj. Sess.), § 1, eff. April 23, 1990; 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4088. Product liability indemnification

§ 4088. Product liability indemnification
Notwithstanding the terms of any franchise agreement, it shall be a violation of this law for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement for damages, after reasonable notice of the proposed settlement to the manufacturer, including court costs and reasonable attorney’s fees of the new motor vehicle dealer, arising out of complaints, claims, or lawsuits including strict liability, negligence, misrepresentation, warranty (express or implied), or rescission of the sale as is defined in 9A V.S.A. § 2—608 of the Uniform Commercial Code, to the extent that the judgment or settlement relates to the alleged defective or negligent manufacture, assembly, or design of new motor vehicles, parts, or accessories or other functions by the manufacturer, beyond the control of the dealer. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4092. Dealership facilities assistance upon termination, cancellation, or nonrenewal

§ 4092. Dealership facilities assistance upon termination, cancellation, or nonrenewal
(a) In the event of a termination, cancellation, or nonrenewal under this chapter; and
(1) the new motor vehicle dealer is leasing the dealership facilities from a lessor other than the manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the rent for the unexpired term of the lease or one year’s rent, whichever is less;
(2) if the new motor vehicle dealer owns the dealership facilities, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the reasonable rental value of the dealership facilities for one year.
(b) If the termination, cancellation, or nonrenewal is pursuant to subdivision 4090(a)(2)(B) of this title, then, with respect to such facilities as were required as a condition of the franchise and used to conduct sales and service operations related to the franchise product, the manufacturer or distributor shall, in addition to the relief described in subsection (a) of this section:
(1) assume the obligations for any lease of the dealership facilities for the unexpired term of the lease or three years’ rent, whichever is less;
(2) arrange for a new lease of any dealership facilities; or
(3) negotiate a lease termination for the dealership facilities at the manufacturer’s expense.
(c) If, in an action for damages under this section, the manufacturer or distributor fails to prove either that the manufacturer or distributor has acted in good faith or that there was good cause for the franchise termination, cancellation, or nonrenewal, then the court, agency, or commission shall order, in addition to any other damages under this section, that the manufacturer or distributor pay the new motor vehicle dealer an amount equal to the value of the dealership as an ongoing business location. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009; 2021, No. 20, § 39.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4093. Right of designated family member to succeed in ownership

§ 4093. Right of designated family member to succeed in ownership
(a) Any owner of a new motor vehicle dealer may appoint by will, or any other written instrument, a designated family member to succeed in the ownership interest of the new motor vehicle dealer.
(b) Unless there exists good cause for refusal to honor succession on the part of the manufacturer or distributor, any designated family member of a deceased or incapacitated owner of a new motor vehicle dealer may succeed to the ownership of the new motor vehicle dealer under the existing franchise, provided that:
(1) the designated family member gives the manufacturer or distributor written notice of his or her intention to succeed to the ownership of the new motor vehicle dealer within 120 days of the owner’s death or incapacity; and
(2) the designated family member agrees to be bound by all the terms and conditions of the franchise.
(c) The manufacturer or distributor may request, and the designated family member shall provide promptly upon said request, personal and financial data that are reasonably necessary to determine whether the succession should be honored. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4094. Refusal to honor succession to ownership; notice required

§ 4094. Refusal to honor succession to ownership; notice required
(a) If a manufacturer or distributor believes that good cause exists for refusing to honor the succession to the ownership of a new motor vehicle dealer by a family member of a deceased or incapacitated owner of a new motor vehicle dealer under the existing franchise agreement, the manufacturer or distributor may, not more than 60 days following receipt of notice of the designated family member’s intent to succeed to the ownership of the new motor vehicle dealer, or any personal or financial data that it has requested, serve upon the designated family member notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer no sooner than 90 days from the date the notice is served.
(b) The notice must state the specific grounds for the refusal to honor the succession and of its intent to discontinue the existing franchise with the new motor vehicle dealer no sooner than 90 days from the date the notice is served.
(c) If notice of refusal and discontinuance is not timely served upon the family member, the franchise shall continue in effect subject to termination only as otherwise permitted by this chapter.
(d) In the event of a conflict between the written instrument filed by the motor vehicle dealer with the manufacturer designating a certain person as his or her successor and the provisions of this section, the written instrument filed with the manufacturer shall govern. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4095. Burden of proof

§ 4095. Burden of proof
In determining whether good cause for the refusal to honor the succession exists, the manufacturer, distributor, factory branch, or importer has the burden of proving that the successor is a person who is not of good moral character or does not meet the franchisor’s existing and reasonable standards and, considering the volume of sales and service of the new motor vehicle dealer, uniformly applied minimum business experience standards in the market area. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4099. Civil actions for violations

§ 4099. Civil actions for violations
Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, any consumer who is injured by a violation of this chapter, or any party to a franchise who is so injured in his or her business or property by a violation of this chapter relating to that franchise, or any person so injured because he or she refuses to accede to a proposal for an arrangement that if consummated, would be in violation of this chapter, may bring a civil action in a court having jurisdiction to enjoin further violations, and to recover the actual damages sustained by him or her together with the costs of the suit, including a reasonable attorney’s fee. An action, filed in a court of competent jurisdiction, that gives rise or could give rise to a claim or defense under this chapter must be stayed if, within 60 days after the date of filing of the complaint or service of process, whichever is later, a party to the action files a complaint with the Board asserting the claims or defenses under this chapter. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4100. Applicability

§ 4100. Applicability
The provisions of this chapter shall apply to the conduct of all persons affected by the presumptions of this chapter situated in this State. Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale of, or has business dealings with respect to, a new motor vehicle within the State shall be subject to the provisions of this chapter and the jurisdiction of the courts of this State. Any and all amendments to this chapter shall apply to existing franchise agreements and franchise agreements entered into on or after June 1, 2009. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4100a. Agreements governed

§ 4100a. Agreements governed
(a) All written agreements between a manufacturer or distributor and a new motor vehicle dealer shall be subject to the provisions of this chapter, and provisions of such agreements that are inconsistent with this chapter shall be void as against public policy and unenforceable in court or with the Board.
(b) Every new selling agreement or amendment made to such agreement between a new motor vehicle dealer and a manufacturer or distributor shall include, and if omitted, shall be presumed to include, the following language: “If any provision herein contravenes the valid laws or rules of the State of Vermont, such provision shall be deemed to be modified to conform to such laws or rules; or if any provision herein, including arbitration provisions, denies, or purports to deny access to the procedures, forums, or remedies provided for by such laws or rules, such provision shall be void and unenforceable; and all other terms and provisions of this agreement shall remain in full force and effect.” (Added 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4100c. Financing; Vermont Transportation Board

§ 4100c. Financing; Vermont Transportation Board
(a) On July 1, 2009, and every year thereafter, there is imposed an annual fee upon each new motor vehicle dealer of $60.00 for each dealer license held by that dealer, and there is imposed upon each manufacturer an annual fee of $600.00 for each line-make of new motor vehicle that the manufacturer sells or distributes within this State.
(b) Upon the filing of a protest under this chapter, the protesting party shall pay to the Board a filing fee of $1,500.00.
(c) The Transportation Board shall administer the fees imposed under this section, and the fees shall be deposited into the Transportation Fund.
(d) The amount of the fee imposed by this section is intended to correlate to the amount of funding required by the Transportation Board to administer its duties under this chapter. (Added 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4100d. Statute of limitations

§ 4100d. Statute of limitations
(a) Actions arising out of any provision of this chapter shall be commenced within four years of the date the cause of action accrues; provided, however, that if a person conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of the cause of action by the person so entitled shall be excluded in determining the time limited for commencement of the action.
(b) Notwithstanding any provision in a franchise agreement, if a dispute covered by this chapter or any other law is submitted to mediation or arbitration, the time for the dealer to file a complaint, action, petition, or protest is tolled until the mediation or arbitration proceeding is completed. (Added 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4100e. Right of first refusal

§ 4100e. Right of first refusal
In the event of a proposed sale or transfer of all or substantially all ownership or transfer of all or substantially all dealership assets, and if the franchise agreement has a right of first refusal in favor of the manufacturer, distributor, or franchisor, then notwithstanding the terms of the franchise agreement, the manufacturer, distributor, or franchisor shall be permitted to exercise a right of first refusal to acquire the new motor vehicle dealer’s assets or ownership only if all of the following requirements are met:
(1) In order to exercise the right of first refusal, the manufacturer or distributor shall notify the new motor vehicle dealer in writing of its intent to exercise its right of first refusal within the 60-day notice limit provided in subdivision 4097(11) of this title.
(2) The exercise of the right of first refusal will result in the owner of the dealership receiving the same or greater consideration as the owner has contracted to receive in connection with the proposed change of ownership or transfer.
(3) The proposed change in the dealership’s ownership or transfer of assets does not involve the transfer or sale to any of the following members of the family of one or more owners:
(A) a designated family member or members, including any of the following members of one or more dealer owners:
(i) the spouse;
(ii) a child;
(iii) a grandchild;
(iv) the spouse of a child or a grandchild;
(v) a sibling;
(vi) a parent;
(B) a manager:
(i) employed by the dealer in the dealership during the previous two years; and
(ii) who is otherwise qualified as a dealer operator;
(C) a partnership or corporation controlled by any of the family members described in subdivision (A) of this subdivision (3);
(D) a trust arrangement established or to be established:
(i) for the purpose of allowing the new motor vehicle dealer to continue to qualify as such under the manufacturer’s or distributor’s standards; or
(ii) to provide for the succession of the franchise agreement to designated family members or qualified management in the event of the death or incapacity of the dealer or its principal owner or owners.
(4) The manufacturer or distributor agrees to pay the reasonable expenses, including attorney’s fees that do not exceed the usual, customary, and reasonable fees charged for similar work done for other clients, incurred by the proposed owner or proposed transferee prior to the manufacturer’s or distributor’s exercise of its right of first refusal in negotiating and implementing the contract for the proposed sale or transfer of the dealership or dealership assets. (Added 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising › § 4100f. Severability

§ 4100f. Severability
If any provision in this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provisions and applications, and to this end, the provisions of this chapter are severable. (Added 2009, No. 57, § 1, eff. June 1, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 109 - Service Station Operators, Oil Companies, and Franchises › § 4101. Definitions

§ 4101. Definitions
As used in this chapter:
(1) “Supplier” means any person engaged in the sale, consignment, or distribution of petroleum products to retail outlets.
(2) “Dealer” means any person who is not a petroleum supplier engaged in the retail sale of gasoline to the motoring public in the State under agreements entered into with a petroleum supplier.
(3) “Agreement” is any written agreement between a petroleum supplier and a gasoline dealer under which the gasoline dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the supplier.
(4) “Person” means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, two or more of the foregoing having a joint or common interest, or any other legal or commercial entity. (Added 1975, No. 83, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 109 - Service Station Operators, Oil Companies, and Franchises › § 4102. Agreements regulated

§ 4102. Agreements regulated
This chapter shall apply to agreements pertaining to the sale of gasoline and related products when:
(1) more than 35 percent of the dealer’s gross sales are covered by such agreement; and
(2) when such gross sales covered by such agreement are more than $25,000.00 yearly. (Added 1975, No. 83, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 109 - Service Station Operators, Oil Companies, and Franchises › § 4103. Supplier’s disclosure to dealer

§ 4103. Supplier’s disclosure to dealer
A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded:
(1) the gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period that the location has been supplied by the supplier, whichever is shorter;
(2) the name and last known address of the previous dealer or dealers for the last three years, or for the entire period during which the location has been supplied by the supplier, whichever is shorter, and the reason or reasons for the termination, if unilateral by the supplier, of each dealer agreement;
(3) any legal document committing the location for sale, demolition, or other disposition in effect prior to the termination date of the agreement;
(4) the training programs, if any, and the specific goods and services the supplier will provide without cost to the dealer;
(5) full disclosure of any and all documents or obligations that the dealer will be required to execute at the inception of the relationship; and
(6) full disclosure of all restrictions on the sale, transfer, renewal, and termination of the agreement that are not covered by the documents submitted under subdivision (5) of this section. (Added 1975, No. 83, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 109 - Service Station Operators, Oil Companies, and Franchises › § 4104. Supplier’s right to terminate agreement

§ 4104. Supplier’s right to terminate agreement
(a) A supplier who does not intend to extend or renew a lease or agreement with a dealer upon the expiration of the term of said lease or agreement, or a renewal thereof, shall give written notice of his or her intention to the dealer at least 90 days prior to the expiration date. A supplier may cancel, terminate, or refuse to renew a lease or agreement without this notice at any time upon default on the part of the dealer.
(b) Grounds for termination or cancellation of an agreement or lease that are not contained in the agreement between the supplier and the dealer may be decided by negotiation between the supplier and the dealer or any attorney or other agent representing or designated by the dealer.
(c) The occurrence of any of the following shall constitute a waiver by the dealer of any rights under this section:
(1) criminal misconduct or violation of law relating to the business or premises of the dealer;
(2) fraud;
(3) any unauthorized closing of the business for seven consecutive days;
(4) bankruptcy or insolvency of the dealer;
(5) nonpayment of rent, or loss by the supplier of its legal rights to grant possession of leased premises to the dealer; or
(6) public condemnation or other public taking. (Added 1975, No. 83, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 109 - Service Station Operators, Oil Companies, and Franchises › § 4105. Repurchase by supplier upon termination

§ 4105. Repurchase by supplier upon termination
In the event of any termination, cancellation, or refusal to renew, whether by mutual agreement or otherwise, a supplier shall make or cause to be made an offer in good faith to repurchase from the dealer at then current wholesale prices any and all merchantable products purchased by said dealer from the supplier; provided, however, that in such event the supplier shall have the right to apply the proceeds against any existing indebtedness owed to him or her by the dealer and further provided that such repurchase obligation is conditioned upon there being no other claims or liens against such products by or on behalf of other creditors of the dealer. Any deposit held by the supplier is to be returned to said dealer within a reasonable period from the date of termination, cancellation, or refusal to renew the agreement or lease, in the event of no prior claims or liens. (Added 1975, No. 83, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 109 - Service Station Operators, Oil Companies, and Franchises › § 4106. Dealer trade associations

§ 4106. Dealer trade associations
No supplier shall coerce or threaten any dealer for the purpose of preventing him or her from joining any trade association made up of dealers. An individual dealer shall have a right to select a representative to negotiate and deal with suppliers on matters having to do with his or her supplier-dealer relationship. Suppliers shall be obliged to negotiate in good faith with the representative so selected by the dealer. (Added 1975, No. 83, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 109 - Service Station Operators, Oil Companies, and Franchises › § 4107. Dealer’s action for damages; attorney’s fees

§ 4107. Dealer’s action for damages; attorney’s fees
(a) A dealer may bring an action for damages sustained as a result of:
(1) failure to make such disclosures as are required in section 4103 of this title;
(2) wrongful termination of or refusal to renew his or her agreement as set forth in section 4104 of this title;
(3) failure to make an offer in good faith to repurchase as required in section 4105 of this title; or
(4) any violation of section 4106 of this title.
(b) The remedy provided for in this section is in addition to all other remedies available under contract or as provided by law or equity, including injunctive relief where appropriate. If the court finds that the violation of this chapter has been willful, the court may allow reasonable attorney’s fees to the prevailing party. The parties shall be entitled to a prompt trial. (Added 1975, No. 83, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 109 - Service Station Operators, Oil Companies, and Franchises › § 4108. Void agreement provisions

§ 4108. Void agreement provisions
Any of the following provisions in an agreement or lease, if one is included, whether oral or written, between a supplier and dealer, shall be void as against public policy, except as otherwise provided in this chapter:
(1) Provisions requiring a dealer to take part in any advertising or promotional campaigns that will require the dealer to accept any posters, stamps, tickets, gifts, bonuses, premiums, or any other promotional items unless agreed to in writing by the dealer.
(2) Provisions requiring a dealer to purchase any products of the supplier other than gasoline, diesel fuel, lubricants, or greases. The dealer may, however, agree to accept such products on consignment, but not exclusive as to like products.
(3) Provisions requiring a dealer to assent to any release, assignment, novation, waiver, or estoppel that would relieve any person from liability imposed by this chapter. (Added 1975, No. 83, § 1; amended 2021, No. 20, § 40.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 109 - Service Station Operators, Oil Companies, and Franchises › § 4110. Gasoline and diesel fuel prices

§ 4110. Gasoline and diesel fuel prices
All persons who shall offer for sale or sell any gasoline or diesel fuel at retail shall post the price of all grades of such gasoline or diesel fuel on the pump from which such fuels are dispensed. (Added 1975, No. 83, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 109 - Service Station Operators, Oil Companies, and Franchises › § 4110a. Gasoline service to persons with a disability

§ 4110a. Gasoline service to persons with a disability
(a) Every full-service gasoline station offering self-service pumping at a lesser cost and every self-service gasoline station, when requested by a motor vehicle operator with a disability who has been issued a registration plate or parking card for persons with disabilities under the provisions of 23 V.S.A. § 304a or under the laws of any other state, shall require an attendant employed by the station to dispense gasoline at the self-service cost to the operator with a disability. Gasoline stations shall prominently display the international symbol of disability access to notify patrons of the availability of this service.
(b) Self-service gas stations or convenience stores that are operated by a single employee shall be exempt from the provisions of subsection (a) of this section.
(c) The Commissioner of Motor Vehicles shall provide notice of the provisions of this section to each person who is issued a registration plate or parking card for persons with disabilities and to each person who operates a gasoline station or other facility that offers gasoline or other motor vehicle fuel for sale to the public.
(d) Failure to comply with the provisions of this section, related to providing gas pumping services is a violation of section 4502 of this title. (Added 1991, No. 48, § 1; amended 2013, No. 96 (Adj. Sess.), § 30.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 110 - Petroleum Inventories; Reporting Requirements › § 4111. Definitions

§ 4111. Definitions
As used in this chapter:
(1) “Commissioner” means the Commissioner of Public Service or the Commissioner’s designee.
(2) “Petroleum product” means propane, gasoline, unleaded gasoline, kerosene, number two heating oil, diesel fuel, kerosene base jet fuel, and number four, five, and six residual oil for utility and nonutility uses.
(3) “Primary storage facility” or “facility” means any facility or terminal with a capacity of 50,000 gallons or more that receives petroleum products by ship, barge, pipeline, truck, or rail, for holding within the State. (Added 1979, No. 178 (Adj. Sess.), § 1, eff. June 4, 1980; amended 1983, No. 170 (Adj. Sess.), § 3, eff. April 19, 1984.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 110 - Petroleum Inventories; Reporting Requirements › § 4112. Duty of Department of Public Service

§ 4112. Duty of Department of Public Service
The Commissioner shall collect and keep on file any data required under this chapter from persons owning or leasing primary storage facilities. (Added 1979, No. 178 (Adj. Sess.), § 1, eff. June 4, 1980; amended 1983, No. 170 (Adj. Sess.), § 4, eff. April 19, 1984.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 110 - Petroleum Inventories; Reporting Requirements › § 4113. Inventory reporting; confidentiality

§ 4113. Inventory reporting; confidentiality
(a) The Commissioner may adopt rules that require any person owning or leasing primary storage facilities within the State to report to the Commissioner data concerning storage, inventory, and product receipts.
(b) Reports filed pursuant to this section shall be an exempt record and confidential pursuant to 1 V.S.A. § 317(c)(1) and shall be maintained for the sole and confidential use of the Commissioner, except that the reports may be disclosed to the federal government or to the appropriate energy agency or department of another state with substantially similar confidentiality statutes for regulations with respect to the reports. However, the Commissioner shall make available to appropriate committees of the General Assembly statistical information derived from the reports required by this section, provided that this may be done in a manner that preserves the confidentiality of the reports submitted by particular persons. (Added 1979, No. 178 (Adj. Sess.), § 1, eff. June 4, 1980; amended 1983, No. 170 (Adj. Sess.), § 5, eff. April 19, 1984; 2011, No. 59, § 9; 2015, No. 23, § 93.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 110 - Petroleum Inventories; Reporting Requirements › § 4114. Remedies; enforcements

§ 4114. Remedies; enforcements
(a) If any person, in violation of the provisions of this chapter, knowingly fails to file a complete and accurate report with the Commissioner, the Commissioner may petition the Superior Court for injunctive relief. Petitions may be filed in the Superior Court of the county in which the defendant resides or, if the defendant is a nonresident, in the Superior Court of any county in which the defendant does business.
(b) A person who, with intent to evade any requirement of this chapter, fails to submit a report when due or to supply required information shall be fined no more than $500.00 or imprisoned not more than 10 days, or both. (Added 1979, No. 178 (Adj. Sess.), § 1, eff. June 4, 1980; amended 1983, No. 170 (Adj. Sess.), § 6, eff. April 19, 1984.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 110 - Petroleum Inventories; Reporting Requirements › § 4115. Liquid heating fuel; heating system change

§ 4115. Liquid heating fuel; heating system change
Any person who replaces or adapts a liquid fuel heating system so that the liquid fuel is no longer used shall block or otherwise disable the access for delivery of the unused liquid fuel. (Added 1997, No. 96 (Adj. Sess.), § 1, eff. April 16, 1998.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 111 - Foreign-Trade Zones › § 4121. Definitions

§ 4121. Definitions
As used in this chapter:
(1) “Public corporation” means this State, a political subdivision of this State, a corporate instrumentality of this State and one or more states, or a bi-state compact.
(2) “Private corporation” means a general and business or a general nonprofit corporation organized under the laws of this State. (Added 1975, No. 148 (Adj. Sess.), § 1, eff. March 3, 1976.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 111 - Foreign-Trade Zones › § 4122. Authority to establish foreign-trade zones

§ 4122. Authority to establish foreign-trade zones
All public and private corporations shall have the power to apply to the proper authorities of the U.S. government for a grant, and when such a grant is issued, to establish and operate foreign-trade zones under the provisions of the Foreign-Trade Zone Act of 1934 as amended on March 3, 1976. (Added 1975, No. 148 (Adj. Sess.), § 1, eff. March 3, 1976.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 111A - Approval of International Trade Agreements › § 4125. Findings and purpose

§ 4125. Findings and purpose
The General Assembly makes the following findings of fact:
(1) Today’s international trade agreements have impacts that extend significantly beyond the bounds of traditional trade matters such as tariffs and quotas. Restrictive government procurement rules, for example, may undermine State purchasing laws and preferences that are designed to promote good jobs and a healthy environment.
(2) As the subject matters contained within trade agreements expand, these agreements may impact on areas traditionally governed by the states, including economic development, financial investment, environmental policies, pharmaceutical policy, recreational services, utilities and energy distribution, and agricultural subsidies. The subject matter addressed by trade agreements is constantly evolving into new areas and becomes more likely over time to infringe on State law or policy.
(3) Specific examples in one area important to Vermont—State economic development and environmental policies—that might be constrained by government procurement provisions in international trade agreements include buy-local laws, electronic waste recycling laws, and renewable energy purchasing requirements. Measures that conflict with obligations in one or more international trade agreements could be challenged as potential barriers to trade.
(4) Input from states has been essential to the Office of the U.S. Trade Representative’s understanding of state practices that may be impacted by policies in trade agreements. For example, after states protested that language in the Australia-United States trade agreement was ambiguous and created uncertainty as to whether it applied to Medicaid preferred drug lists, the United States specifically clarified in the Korea-United States trade agreement that similar pharmaceutical policies did not apply to Medicaid.
(5) Currently, the Office of the U.S. Trade Representative asks state governors, without input from state legislatures, whether they will commit state purchasing to trade rules. States, through their governors, may opt into or out of trade rules dealing with government procurement.
(6) Historically, the General Assembly and the Governor have worked together to adopt and implement State procurement policies. The decision to consent to the coverage of Vermont under procurement provisions of international trade agreements should also include consultation with and agreement by the Legislative Branch.
(7) If future trade rules permit states to opt into or out of trade rules dealing with investment and services, in addition to procurement, then the General Assembly intends for the procedures in this chapter to apply to those provisions as well.
(8) It is important for the State to provide information and recommendations to Congress and the U.S. Trade Representative about the possible impacts of proposed trade agreements on State law and policy. (Added 2009, No. 78 (Adj. Sess.), § 43; eff. April 15, 2010.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 111A - Approval of International Trade Agreements › § 4126. Definitions

§ 4126. Definitions
As used in this chapter:
(1) “Commission” means the Commission on International Trade and State Sovereignty established in 3 V.S.A. § 23.
(2) “International trade agreement” or “trade agreement” means a trade agreement between the federal government and a foreign country. It does not include a trade agreement between the State and a foreign country to which the federal government is not a party. (Added 2009, No. 78 (Adj. Sess.), § 43; eff. April 15, 2010.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 111A - Approval of International Trade Agreements › § 4127. Approval of trade agreements

§ 4127. Approval of trade agreements
(a) Options for binding the State. If the U.S. government provides the State of Vermont with the opportunity to consent to or reject binding the State to a trade agreement or to a provision within a trade agreement, then the Governor may bind the State or give consent to the U.S. government to bind the State only after consultation with the Commission as provided for in subsection (c) of this section.
(b) Recommendations to Congress and the U.S. Trade Representative. In all other circumstances in which the U.S. government provides the State with information about a proposed trade agreement, the Commission shall make a recommendation to Vermont’s delegation to Congress and to the Office of the U.S. Trade Representative within the time frame requested by the Office of the U.S. Trade Representative.
(c) Consultation process.
(1) When a communication from the U.S. Trade Representative regarding a proposed trade agreement is received by the State, the person who receives the communication shall submit a copy of the communication and any proposed trade agreement or relevant provisions of the trade agreement to the Chairs of the Commission. The Chairs may disseminate the information to the chairs of the relevant legislative standing committees of jurisdiction.
(2) The Commission shall review and analyze the trade agreement and issue a recommendation on the potential impact of the trade agreement to the appropriate party as described in subsections (a) and (b) of this section within a time frame that will afford Vermont’s recommendations due consideration. (Added 2009, No. 78 (Adj. Sess.), § 43; eff. April 15, 2010.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 112 - Emergency Petroleum Set-Aside Act › § 4131. Purpose and findings

§ 4131. Purpose and findings
The Legislature hereby finds and declares: that adequate supplies of fuel are essential to the health, welfare, and safety of the people of the State of Vermont; that any severe disruption in fuel supplied for use within the State would cause grave hardship and pose a threat to the health and economic well-being of the people of the State; that such interruptions should be responded to by reliance to the greatest extent practicable on the free market system; and that temporary and concurrent State authority for a fuel set-aside program should be in place as the federal government terminates, suspends, or fails to implement all or part of the federal program. (Added 1981, No. 162 (Adj. Sess.), § 1, eff. April 15, 1982.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 112 - Emergency Petroleum Set-Aside Act › § 4132. Definitions

§ 4132. Definitions
As used in this chapter:
(1) “Consumer” means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity that purchases liquid fossil fuels for ultimate consumption within Vermont.
(2) “Commissioner” means the Commissioner of Public Service or the Commissioner’s designee.
(3) “Distributor” means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity that purchases or markets liquid fossil fuels from a prime supplier or any other source and resells those fuels to consumers within Vermont.
(4) “Liquid fossil fuel” means heating oils, light and heavy diesel oil, motor gasoline, propane, butane, residual fuel oils, kerosene, and aviation fuels.
(5) “Petroleum set-aside” means the amount of liquid fossil fuel that is made available from the total supply of a prime supplier for utilization by the Department of Public Service pursuant to this chapter to resolve hardships and emergencies due to energy shortages.
(6) “Prime supplier” means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity that makes the first sale of any liquid fossil fuel into the State distribution system for consumption within the State. (Added 1981, No. 162 (Adj. Sess.), § 1, eff. April 15, 1982; amended 1983, No. 170 (Adj. Sess.), § 7, eff. April 19, 1984.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 112 - Emergency Petroleum Set-Aside Act › § 4133. Petroleum set-aside

§ 4133. Petroleum set-aside
(a) The Commissioner shall adopt rules establishing a petroleum set-aside system for liquid fossil fuels. The fuel set-aside system established pursuant to this chapter shall not go into effect in whole or in part except where the federal government terminates, suspends, or fails to implement all or part of the federal petroleum allocation program. After a determination has been made by the Governor that the program is required to meet a petroleum supply shortage within the State that will significantly impair essential public services or essential economic activity, and after the Governor has complied with any notice requirements and has received any approval required by federal law, the Commissioner shall implement only that portion of the State set-aside program necessary to prevent and alleviate any energy hardships or shortages. The State set-aside program shall continue in effect for no more than 90 days and shall terminate when the federal petroleum allocation program is renewed or implemented or when the energy hardship or shortage ceases to exist. Rules adopted by the Commissioner shall direct that prime suppliers set aside an amount of liquid fossil fuel, as determined by the Commissioner, which amount shall be a percentage of the monthly volume of liquid fossil fuels that prime suppliers intend to sell into the State distribution system for consumption within the State.
(b) In addition to meeting the purposes set forth in section 4131 of this title and the requirements of subsection (a) of this section, the rules establishing the petroleum set-aside system shall provide that:
(1) A prime supplier inform the Department each month of the monthly volume of each product subject to petroleum set-aside that is intended to be sold into the State distribution system for consumption within the State, provided the Commissioner determines that such information is needed.
(2) The Commissioner shall notify each prime supplier of the monthly petroleum set-aside percentage, not exceeding three percent, applicable to each product subject to petroleum set-aside. The Commissioner shall review and revise such percentages monthly.
(3) The amount of petroleum to be set aside for a particular month cannot be accumulated or deferred; it shall be made available from stocks of prime suppliers, whether directly or through distributors.
(4) Procedures shall be established for making an application for an allocation from the petroleum set-aside reserves and for approval or disapproval of that application by the Commissioner. (Added 1981, No. 162 (Adj. Sess.), § 1, eff. April 15, 1982; amended 1983, No. 170 (Adj. Sess.), § 8, eff. April 19, 1984; 2015, No. 23, § 94.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 112 - Emergency Petroleum Set-Aside Act › § 4134. Violation; penalties

§ 4134. Violation; penalties
(a) Any person who violates any provision of this chapter or any rule or order issued pursuant to this chapter shall be subject to a fine of not more than $10,000.00 for each violation.
(b) The penalty provided for in subsection (a) of this section shall be recovered in an action or special proceeding brought by the Attorney General.
(c) Alternatively, or in addition to the action or proceeding to impose the fine provided by subsection (a) of this section, the Attorney General may institute an action or proceeding to enjoin any violation of or to enforce any provision of this chapter or any rule, regulation, or order issued under this chapter. (Added 1981, No. 162 (Adj. Sess.), § 1, eff. April 15, 1982.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 113 - Commercial Molds, Dies, and Forms › § 4151. Definitions

§ 4151. Definitions
As used in this chapter:
(1) The term “customer” means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, or form or who causes or caused a molder to use a die, mold, or form to manufacture, assemble, or otherwise make a product or products.
(2) The term “molder” means any individual or entity, including a tool or die maker who fabricates, casts, or otherwise makes a die, mold, or form or who uses a die, mold, or form to manufacture, assemble, or otherwise make a product or products.
(3) The term “within three years following the last prior use” shall be construed to include any period following the last prior use of a die, mold, or form regardless of whether or not such period precedes April 14, 1981. (Added 1981, No. 16, eff. April 14, 1981.)