reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 194 - Welfare of Animals; Sale of Animals › § 3915. Health certificate for transport into State

§ 3915. Health certificate for transport into State
(a) A dog, cat, ferret, or wolf-hybrid imported into the State for sale, resale, exchange, or donation shall be accompanied by an official health certificate or similar certificate of inspection for the dog, cat, ferret, or wolf-hybrid issued by a veterinarian licensed in the state or country of origin. The certificate shall certify that:
(1) the dog, cat, ferret, or wolf-hybrid has been inspected and is free of visible signs of infections or contagious or communicable disease; and
(2) if the dog, cat, ferret, or wolf-hybrid is more than three months of age, the dog, cat, ferret, or wolf-hybrid has a current rabies vaccination or is a specific breed for which a rabies vaccination is not age-appropriate.
(b) The Agency of Agriculture, Food and Markets may adopt rules regarding the issuance and contents of any certificate required under subsection (a) of this section. (Added 2009, No. 158 (Adj. Sess.), § 15; amended 2013, No. 30, § 6.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 194 - Welfare of Animals; Sale of Animals › § 3922. Challenge by pet dealer or pet shop

§ 3922. Challenge by pet dealer or pet shop
A pet dealer or pet shop may contest a demand for reimbursement, refund, or exchange under section 3921 of this title by requiring the consumer to produce the cat, dog, or wolf-hybrid for examination by a licensed veterinarian of the pet dealer or pet shop’s designation. If the consumer and the pet dealer or pet shop are unable to reach an agreement under the provisions of this section within ten business days of an examination, the consumer may initiate an action in a court of competent jurisdiction in the locality where the consumer resides to obtain a refund, exchange, or reimbursement. Nothing in this section shall limit the rights or remedies that are otherwise available to the consumer under any other law. (Added 2013, No. 30, § 6.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 194 - Welfare of Animals; Sale of Animals › § 3923. Administrative penalties

§ 3923. Administrative penalties
The Secretary may assess administrative penalties under 6 V.S.A. §§ 15-17 not to exceed $1,000.00 for violations of this subchapter. (Added 2013, No. 30, § 6.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4501. Definitions

§ 4501. Definitions
As used in this chapter:
(1) “Permit” means a written statement, issued by the Commissioner of Public Safety or his or her designee, authorizing the holding of a commercial public assembly under stated conditions as to time, place, and manner.
(2) “Permit officer” means the Commissioner of Public Safety or officer designated by him or her to issue permits.
(3) “Person” means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(4) “Political subdivision” means a city, town, village, gore, or other incorporated place.
(5) “Commercial public assembly” or “assembly” means a gathering of 2,000 or more individuals in a public place that the general public is permitted or invited to attend, conducted or promoted for profit, whether or not a profit is actually returned, where persons are admitted on payment of cash, entry fees, advance subscriptions, or donations, or any thing of value.
(6) “Promotional activity” means purchasing paid advertisements in any media of communication or circulation of printed material advertising the assembly.
(7) “Public place” means an open area where patrons cannot be accommodated inside a permanent building, other than a stadium used for sporting events, or a fairground having permanent seats for patrons, with respect to which a private person permits use by the general public. (Added 1973, No. 181 (Adj. Sess.), § 1, eff. March 30, 1974.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4502. Permit; when to obtain

§ 4502. Permit; when to obtain
Any person who intends to hold or organizes or promotes a commercial public assembly shall obtain a permit to do so. (Added 1973, No. 181 (Adj. Sess.), § 2, eff. March 30, 1974.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4503. To whom application made; time

§ 4503. To whom application made; time
An application for a permit to hold an assembly shall be filed with the permit officer not less than 30 days before the date of the assembly. The permit officer may act on an application not filed in time if the public health and safety will not be jeopardized by such action. (Added 1973, No. 181 (Adj. Sess.), § 3, eff. March 30, 1974.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4504. Contents of application

§ 4504. Contents of application
(a) An application for a permit to hold an assembly shall be in writing and signed by an individual authorized to act for the person sponsoring it.
(b) The application shall state:
(1) the date and hours the assembly is to be held;
(2) the name, residence address, and the telephone number of the applicant, the principal officers of the applicant, the individual making the application, and any other individual authorized to represent the applicant in applying for the permit;
(3) the designation and location of the public place where the assembly is to be held;
(4) that the requested use by the applicant of the designated place has been granted by the person having authority to grant the use of the public place;
(5) the estimated number of persons expected to participate in or attend the public assembly;
(6) a schedule and copies of all promotional activity the applicant has engaged in or intends to engage in;
(7) the general nature of the assembly and the arrangements made to protect the public health and safety during the conduct of the assembly, including arrangements with respect to traffic direction, crowd control, and sanitation facilities; and
(8) any additional information the applicant wishes to furnish. (Added 1973, No. 181 (Adj. Sess.), § 4, eff. March 30, 1974; amended 2021, No. 105 (Adj. Sess.), § 405, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4505. Receipt of application

§ 4505. Receipt of application
Upon receipt of an application for a permit to hold an assembly, the permit officer shall note the time of filing on the application and shall promptly mail or otherwise deliver a copy of the application to the principal officers of the applicant named in the application, to the Attorney General, the State’s Attorney having jurisdiction, and the clerk of the political subdivision in which the assembly is to be held. (Added 1973, No. 181 (Adj. Sess.), § 5, eff. March 30, 1974; amended 2021, No. 20, § 211.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4506. Action on application

§ 4506. Action on application
(a) The permit officer shall:
(1) issue the permit as requested; or
(2) issue the permit subject to any conditions authorized in section 4507 of this title, which he or she deems necessary to protect the public health and safety; or
(3) apply to the Superior Court for an order enjoining the holding of the public assembly if conditions cannot be imposed that will protect the public health and safety. If the permit officer fails to act on the application within ten days of the assembly, he or she is deemed to have granted the permit as requested.
(b) The permit officer shall give the applicant immediate notice in writing of his or her action on the application.
(c) By agreement in writing the applicant and the permit officer may modify the time requirements of section 4503 of this title. (Added 1973, No. 181 (Adj. Sess.), § 6, eff. March 30, 1974; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4507. Criteria for imposing conditions on permit

§ 4507. Criteria for imposing conditions on permit
(a) If there is a reasonable likelihood that an assembly will substantially harm the public health or safety, the permit officer shall grant the permit upon conditions reasonably necessary to avoid substantial harm to the public health or safety.
(b) The permit officer may impose conditions to ensure that:
(1) public sanitation, food, water, and emergency medical facilities are adequate;
(2) the time, place, and duration of the assembly is suitable in view of the number of persons expected to attend;
(3) measures for controlling the crowd and managing the assembly are adequate;
(4) the assembly will not substantially impair the provision of fire and police protection and medical and other essential public services;
(5) the assembly will not unreasonably interfere with the quiet enjoyment of a residential community;
(6) litter incidental to the assembly will be removed and disposed of;
(7) the person holding the public assembly furnishes an adequate bond or arranges other financial security in a reasonable amount to ensure reimbursement of a political subdivision, the State of Vermont, or any police agency, for the cost of additional law enforcement officers required to meet any other condition. (Added 1973, No. 181 (Adj. Sess.), § 7, eff. March 30, 1974; amended 2021, No. 20, § 212.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4508. Judicial review

§ 4508. Judicial review
(a) If there is a reasonable likelihood that an assembly will substantially harm the public health or safety and this cannot be avoided by imposition of conditions, or if no permit for such an assembly has been applied for, the permit officer shall apply without delay to the Superior Court for an order enjoining the applicant, other interested persons, or those persons the permit officer believes intend to hold an assembly without a permit, from holding the assembly.
(b) An applicant may petition the Superior Court for review of the reasonableness of any conditions imposed in a permit. A person who desires to organize or promote any outdoor public gathering may also petition the court for an order declaring that the gathering is not subject to this chapter. The petition shall contain a copy of the application, a copy of the permit, if any, and state the grounds for the decision requested. (Added 1973, No. 181 (Adj. Sess.), § 8, eff. March 30, 1974; amended 2021, No. 20, § 213.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4509. Judicial order relating to an assembly

§ 4509. Judicial order relating to an assembly
When a permit officer applies to the Superior Court for a restraining order, injunctive relief, or other order, or a person applies for judicial review under subsection 4508(b) of this title, the Court shall expedite the proceedings to afford timely relief, cause appropriate notice to be given, and hear the case without a jury. Evidence commonly relied upon by prudent individuals in the conduct of their affairs may be received. Upon a hearing, the Court may enter an order declaring no permit is required, grant the permit as requested, grant a permit upon specified conditions, or enjoin the holding of the assembly if there is a reasonable likelihood that the assembly will substantially harm public health or safety and this cannot be avoided by the imposition of conditions on the permit. (Added 1973, No. 181 (Adj. Sess.), § 9, eff. March 30, 1974.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4510. Appeals

§ 4510. Appeals
A party may obtain a review of a final judgment of the Superior Court by appeal to the Supreme Court. The appeal shall be taken as in other civil cases. The taking of an appeal does not operate to stay the order of the Superior Court, but the Supreme Court may stay the order pending determination of the appeal. (Added 1973, No. 181 (Adj. Sess.), § 10, eff. March 30, 1974.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 201 - Public Assemblies › § 4511. Penalties

§ 4511. Penalties
A person who intentionally:
(1) violates a condition imposed in a permit to hold an assembly with knowledge of the provision; or
(2) conducts, organizes, or promotes an assembly without applying for a permit, may be fined not more than $2,000.00 or imprisoned for not more than two years, or both. (Added 1973, No. 181 (Adj. Sess.), § 11, eff. March 30, 1974; amended 2021, No. 20, § 214.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 203 - Voluntary Fingerprinting › § 4601. Purpose

§ 4601. Purpose
It is the purpose of this chapter to allow State and local law enforcement agencies to assist in providing fingerprint records of minors to their parents or guardians who so request and to ensure the classifiability of the fingerprints so taken. (Added 1985, No. 27.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 203 - Voluntary Fingerprinting › § 4602. Authority to take fingerprints of minors

§ 4602. Authority to take fingerprints of minors
(a) Subject to the conditions set forth in subsection (b) of this section, any State or local law enforcement agency may establish or participate in a program of voluntary fingerprinting of minors. Only minors whose parents or guardians request the same shall be fingerprinted under the provisions of this chapter.
(b) A law enforcement officer shall not take the fingerprints of a minor as a part of a program of voluntary fingerprinting unless he or she has, within the past three years, received training approved by the Vermont Criminal Justice Council in the taking of classifiable fingerprints as certified by the Vermont Criminal Justice Council.
(c) Any law enforcement agency participating in a program of voluntary fingerprinting of minors shall ensure that fingerprints are taken in such manner and with such materials and equipment as to ensure their classifiability and their use under the Federal Missing Children Act, 28 U.S.C. § 534. (Added 1985, No. 27.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 203 - Voluntary Fingerprinting › § 4603. Ownership of fingerprint records

§ 4603. Ownership of fingerprint records
(a) No law enforcement officer or agency shall make or retain duplicates of fingerprint cards or records taken as a part of a program of voluntary fingerprinting.
(b) Fingerprint cards and records created under this chapter shall be given to the parents or guardians of the minor to be held for the benefit of the minor. Such cards and records shall become the property of the person fingerprinted when he or she attains the age of majority.
(c) Fingerprint cards and records created under this chapter shall not be used against the person fingerprinted in any criminal or other judicial proceeding and all cards and records shall prominently state this limitation on their use. (Added 1985, No. 27.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 203 - Voluntary Fingerprinting › § 4604. Exclusions

§ 4604. Exclusions
(a) Nothing in this chapter prohibits any person from fingerprinting any other person by a method not authorized by this chapter. However, this chapter provides the only sanctioned method by which law enforcement agencies and officers may take fingerprints of minors pursuant to a program of voluntary fingerprinting of minors.
(b) No law enforcement agency or officer is required by this chapter to take the fingerprints of any minor if doing so would be unreasonably difficult or impossible or would create an undue burden on the law enforcement agency or officer. (Added 1985, No. 27.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 205 - Drones › § 4621. Definitions

§ 4621. Definitions
As used in this chapter:
(1) “Correctional facility” shall have the same meaning as in 28 V.S.A. § 3.
(2) “Drone” means a powered aerial vehicle that does not carry a human operator and is able to fly autonomously or to be piloted remotely.
(3) “Law enforcement agency” means:
(A) the Vermont State Police;
(B) a municipal police department;
(C) a sheriff’s department;
(D) the Office of the Attorney General;
(E) a State’s Attorney’s office;
(F) the Capitol Police Department;
(G) the Department of Liquor and Lottery;
(H) the Department of Fish and Wildlife;
(I) the Department of Motor Vehicles;
(J) a State investigator; or
(K) a person or entity acting on behalf of an agency listed in this subdivision (3).
(4) “Public safety agency” shall have the same meaning as in section 1841 of this title. (Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016; amended 2017, No. 101 (Adj. Sess.), § 2, eff. April 17, 2018; 2019, No. 73, § 34.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 205 - Drones › § 4622. Law enforcement use of drones

§ 4622. Law enforcement use of drones
(a) Except as provided in subsection (c) of this section, a law enforcement agency shall not use a drone or information acquired through the use of a drone for the purpose of investigating, detecting, or prosecuting crime.
(b)(1) A law enforcement agency shall not use a drone to gather or retain data on private citizens peacefully exercising their constitutional rights of free speech and assembly.
(2) This subsection shall not be construed to prohibit a law enforcement agency from using a drone:
(A) for observational, public safety purposes that do not involve gathering or retaining data; or
(B) pursuant to a warrant obtained under Rule 41 of the Vermont Rules of Criminal Procedure.
(c) A law enforcement agency may use a drone and may disclose or receive information acquired through the operation of a drone if the drone is operated:
(1) for a purpose other than the investigation, detection, or prosecution of crime, including search and rescue operations and aerial photography for the assessment of accidents, forest fires and other fire scenes, flood stages, and storm damage; or
(2) pursuant to:
(A) a warrant obtained under Rule 41 of the Vermont Rules of Criminal Procedure; or
(B) a judicially recognized exception to the warrant requirement.
(d)(1) When a drone is used pursuant to subsection (c) of this section, the drone shall be operated in a manner intended to collect data only on the target of the surveillance and to avoid data collection on any other person, home, or area.
(2) Facial recognition or any other biometric matching technology shall not be used on any data that a drone collects on any person, home, or area other than the target of the surveillance.
(3)(A) If a law enforcement agency uses a drone in exigent circumstances pursuant to subdivision (c)(2)(B) of this section, the agency shall obtain a search warrant for the use of the drone within 48 hours after the use commenced.
(B) If the court denies an application for a warrant filed pursuant to subdivision (A) of this subdivision (d)(3):
(i) use of the drone shall cease immediately; and
(ii) information or evidence gathered through use of the drone shall be destroyed.
(e) Information or evidence gathered in violation of this section shall be inadmissible in any judicial or administrative proceeding. (Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 205 - Drones › § 4623. Use of drones; Federal Aviation Administration requirements

§ 4623. Use of drones; Federal Aviation Administration requirements
(a) Any use of drones by any person, including a law enforcement agency, shall comply with all applicable Federal Aviation Administration requirements and guidelines.
(b) It is the intent of the General Assembly that any person who uses a model aircraft as defined in the Federal Aviation Administration Modernization and Reform Act of 2012 shall operate the aircraft according to the guidelines of community-based organizations, such as the Academy of Model Aeronautics National Model Aircraft Safety Code. (Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 205 - Drones › § 4624. Reports

§ 4624. Reports
(a) On or before September 1 of each year, any law enforcement agency that has used a drone within the previous 12 months shall report the following information to the Department of Public Safety:
(1) The number of times the agency used a drone within the previous 12 months. For each use of a drone, the agency shall report the type of incident involved, the nature of the information collected, and the rationale for deployment of the drone.
(2) The number of criminal investigations aided and arrests made through use of information gained by the use of drones within the previous 12 months, including a description of how the drone aided each investigation or arrest.
(3) The number of times a drone collected data on any person, home, or area other than the target of the surveillance within the previous 12 months and the type of data collected in each instance.
(4) The cost of the agency’s drone program and the program’s source of funding.
(b) On or before December 1 of each year that information is collected under subsection (a) of this section, the Department of Public Safety shall report the information to the House and Senate Committees on Judiciary and on Government Operations. (Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 205 - Drones › § 4625. Correctional facilities; use of drones prohibited; civil penalty

§ 4625. Correctional facilities; use of drones prohibited; civil penalty
(a) A person shall not knowingly operate a drone over a correctional facility or surrounding property that is readily recognizable to a reasonable person as being correctional facility property or is reasonably identified as such by fencing or appropriate signs.
(b) A person who violates subsection (a) of this section shall be assessed a civil penalty of not more than $500.00.
(c)(1) Subsection (a) of this section shall not apply to the use of a drone by:
(A) the Department of Corrections;
(B) a person operating a drone with the written consent of the correctional facility’s supervising officer; or
(C) a person operating a drone that is being used for a commercial purpose, if the person is operating in compliance with any authorization, rule, or exemption granted by the Federal Aviation Administration.
(2) With prior notice to the correctional facility, subsection (a) of this section shall not apply to the use of a drone by:
(A) the Department of Buildings and General Services or its contractors working on behalf of the Department;
(B) a law enforcement agency; or
(C) a public safety agency responding to an emergency or a person engaged in emergency functions or emergency management pursuant to chapter 1 of this title (emergency management). (Added 2017, No. 101 (Adj. Sess.), § 3, eff. April 17, 2018.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 207 - Protection of Personally Identifying Information › § 4651. Prohibited disclosure of personally identifying information

§ 4651. Prohibited disclosure of personally identifying information
(a) As used in this section:
(1) “Personally identifying information” means information concerning a person’s sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, immigration status, age, or disability.
(2) “Public agency” has the same meaning as in 1 V.S.A. § 317 and shall include all officers, employees, agents, and independent contractors of the public agency.
(b) A public agency shall not:
(1) collect information regarding the religious beliefs, practices, or affiliation of any individual for the purpose of registration of an individual based on his or her religious beliefs, practices, or affiliations;
(2) knowingly disclose personally identifying information to any federal agency or official for the purpose of registration of an individual based on his or her personally identifying information; or
(3) use public agency money, facilities, property, equipment, or personnel to assist in creating or enforcing any federal government program for the registration of an individual based on his or her personally identifying information.
(c) Any section, term, or provision of an agreement in existence on the effective date of this section (March 28, 2017) that conflicts with subsection (b) of this section shall be invalidated on that date to the extent of the conflict.
(d) Nothing in this section is intended to prohibit or impede any public agency from complying with the lawful requirements of 8 U.S.C. §§ 1373 and 1644. To the extent any State or local law enforcement policy or practice conflicts with the lawful requirements of 8 U.S.C. §§ 1373 and 1644, said policy or practice is, to the extent of such conflict, abolished.
(e) Nothing in this section is intended to prohibit or impede any public agency from disclosing or exchanging aggregated information that cannot be used to identify an individual with any other public agency or federal agency or official. (Added 2017, No. 5, § 2, eff. March 28, 2017.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 207 - Protection of Personally Identifying Information › § 4652. Authorization to enter into agreements pursuant to 8 U.S.C. § 1357(g) and 19 U.S.C. § 1401(i)

§ 4652. Authorization to enter into agreements pursuant to 8 U.S.C. § 1357(g) and 19 U.S.C. § 1401(i)
(a) Notwithstanding any other provision of law, only the Governor, in consultation with the Vermont Attorney General, is authorized to enter into, modify, or extend an agreement pursuant to 8 U.S.C. § 1357(g) or 19 U.S.C. § 1401(i).
(b) Notwithstanding subsection (a) of this section, a State, county, or municipal law enforcement agency is authorized to enter into an agreement pursuant to 8 U.S.C. § 1357(g) or 19 U.S.C. § 1401(i) when necessary to address threats to the public safety or welfare of Vermont residents arising out of a declaration of a State or national emergency. (Added 2017, No. 5, § 2, eff. March 28, 2017.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 208 - Cybersecurity [Repealed Effective June 30, 2028] › § 4661. Definitions

§ 4661. Definitions
As used in this chapter:
(1) “Critical infrastructure” has the same meaning as in 11 V.S.A. § 1701.
(2) “Cybersecurity” means the practice of deploying people, policies, processes, and technologies to protect organizations, their critical systems, and sensitive information from digital attacks.
(3) “Essential supply chain” means supply chains for the production, in sufficient quantities, of the following articles:
(A) medical supplies, medicines, and personal protective equipment;
(B) articles essential to the operation, manufacture, supply, service, or maintenance of critical infrastructure;
(C) articles critical to infrastructure construction after a natural or manmade disaster;
(D) articles that are critical to the State’s food systems, including food supplies for individuals and households and livestock feed; and
(E) articles that are critical to the State’s thermal systems and fuels. (Added 2023, No. 71, § 1, eff. July 1, 2023; repealed on June 30, 2028 by 2023, No. 71, § 4.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 209 - General Law Enforcement Services › § 4671. Prohibition; standby fees

§ 4671. Prohibition; standby fees
No law enforcement officer or law enforcement agency shall seek a fee from the individual seeking assistance or being assisted in the retrieval of personal belongings or the personal belongings of the individual’s dependents from the individual’s residence, pursuant to 24 V.S.A. § 293(c), or any representative of that individual. (Added 2023, No. 30, § 6a, eff. May 31, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 1 - Commissioner of Labor › § 1. Department created; Commissioner, appointment

§ 1. Department created; Commissioner, appointment
(a) The Department of Labor is hereby created to administer the laws relating to labor in chapter 1, subchapters 4 and 5 of chapter 3, and chapters 5, 9, and 12 through 17 of this title and other laws assigned to the Department for administration. There shall be within the Department the Apprenticeship Council and other boards, councils, and committees specially assigned to the Department.
(b) Biennially, with the advice and consent of the Senate, the Governor shall appoint a Commissioner of Labor. (Amended 1959, No. 329 (Adj. Sess.), § 30, eff. March 1, 1961; 1967, No. 71, § 1; 2005, No. 103 (Adj. Sess.), § 1, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 1 - Commissioner of Labor › § 1a. Reports

§ 1a. Reports
The Commissioner of Labor shall prepare and submit, consistent with 2 V.S.A. § 20(a), a report on attorney’s fees, pursuant to subsection 678(c) of this title. (Added 2003, No. 122 (Adj. Sess.), § 294n; amended 2003, No. 122 (Adj. Sess.), § 294x, eff. April 1, 2005; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 1 - Commissioner of Labor › § 2. Cooperation with United States

§ 2. Cooperation with United States
With the written approval of the Governor, the Commissioner of Labor is authorized and empowered to cooperate and contract in the name and on behalf of the State with the U.S. Department of Labor in the work of inspection and investigation under the federal Fair Labor Standards Act and to accept grants and assistance from the U.S. Department of Labor for such inspection and investigation. (Amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 1 - Commissioner of Labor › § 4. Duties as to employment and payment of wages

§ 4. Duties as to employment and payment of wages
The Commissioner or the Commissioner’s agent shall make examinations and investigations to see that the laws pertaining to the employment of minors and the weekly payment of wages are being complied with and for such purposes may enter any place where persons are employed. (Amended 2017, No. 74, § 30.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 141. Purpose; definitions

§ 141. Purpose; definitions
(a) The purpose of this subchapter is to assure that elevators and other automated conveyances are correctly and safely installed and operated within the State by authorizing and enforcing rules for the design, installation, operation, and maintenance of automated people conveyances, and by licensing mechanics and inspectors who work on these conveyances.
(b) For the purposes of this subchapter:
(1) “Board” means the Elevator Safety Review Board.
(2) “Certificate of operation” means a document issued by the Department indicating that a conveyance has passed the required safety inspection, and the conveyance may be operated for a year from the date the certificate is issued.
(3) “Commissioner” means the Commissioner of Public Safety or the Commissioner’s designee.
(4) “Conditional certificate of operation” means a document issued by the Department that permits a conveyance that is not in compliance with rules adopted under this subchapter, but, after inspection, has been deemed safe for temporary operation to operate for up to 30 days or until the conveyance is in compliance, whichever occurs earlier.
(5) “Conveyance” means an electrically-driven mechanical device that moves people or materials vertically, and includes elevators, escalators, platform lifts and stairway chairlifts.
(6) “Department” means the Department of Public Safety.
(7) “Elevator inspector” means an individual who is licensed by the Commissioner to perform safety inspections of newly installed and existing conveyances.
(8) “Elevator mechanic” means an individual who is licensed by the Commissioner to erect, construct, install, alter, service, repair, and maintain conveyances.
(9) “Public building” has the same meaning as that term is defined in 20 V.S.A. § 2730.
(10) “Lift mechanic” means an individual who is licensed by the Commissioner to erect, construct, install, alter, service, repair, and maintain platform lifts and stairway chairlifts. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44b, eff. June 27, 2002; 2005, No. 8, § 6, eff. April 25, 2005.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 142. Conveyances regulated

§ 142. Conveyances regulated
(a) This subchapter regulates the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following conveyances and associated parts that are installed in or on a public building:
(1) Hoisting and lowering mechanisms equipped with a car or platform, that moves between two or more landings, including:
(A) Elevators.
(B) Platform lifts and stairway chairlifts.
(C) Power-driven stairways.
(D) Escalators.
(2) Hoisting and lowering mechanisms equipped with a car that serves two or more landings and is designed to carry material, not people, but not including dumbwaiters.
(b) This subchapter does not cover the conveyances that are regulated by the Vermont Tramway Board or by the rules of the Vermont Occupational and Safety Administration, or by the Federal Mine Safety and Health Act, 30 U.S.C.A. § 801 et seq. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 143. License required

§ 143. License required
No person shall erect, construct, wire, alter, replace, or maintain any conveyance located in any public building in this State unless the person is licensed as an elevator mechanic, except that person who is licensed as a lift mechanic may erect, construct, wire, alter, replace, or maintain any conveyance located in any public building. An apprentice or helper may perform any of the activities described in this section only when a mechanic licensed under this chapter is physically present and is immediately available to direct and supervise that apprentice or helper. (Added 2001, No. 60, § 1, eff. July 1, 2002; amended 2001, No. 151 (Adj. Sess.), § 44d, eff. June 27, 2002; 2005, No. 8, § 6a, eff. April 25, 2005.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 144. Elevator Safety Review Board; members; duties

§ 144. Elevator Safety Review Board; members; duties
(a) The Elevator Safety Review Board is established within the Department, and shall consist of seven members, one of whom shall be the Commissioner or designee, one of whom shall be the Commissioner of Labor or designee, and five members to be appointed by the Governor as follows: one representative from a major elevator manufacturing company; one representative from an elevator servicing company; an owner or manager of a multistoried building, in which a conveyance is installed; an elevator inspector; and an individual who actually installs, maintains, and repairs conveyances. The members appointed by the Governor shall be appointed for staggered terms of three years, and shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.
(b) The Board shall:
(1) Adopt rules regarding the following:
(A) Safety standards for the operation, maintenance, servicing, construction, alteration, installation, and inspection of conveyances covered by this subchapter. At a minimum, the Board shall adopt rules that include the Safety Code for Elevators and Escalators, ASME A17.1; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Standard for the Qualification of Elevator Inspectors, ASME QEI-1. The Board shall amend the rules to include any changes or amendments to these standards within six months after the effective date of the standard changes. The Board may adopt rules to modify these standards as the Board deems necessary.
(B) Any other rule necessary to implement this subchapter.
(2) Grant variances, provided the variance provides an equal or greater level of public safety. The decision of the Board in regard to an application for a variance shall be final.
(c) The Board may:
(1) adopt rules for temporary elevator mechanic licenses in the event of an emergency; and
(2) contract with a national testing service to develop and administer licensing examinations. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2007, No. 153 (Adj. Sess.), § 6a.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 145. Elevator mechanic license and lift mechanic license

§ 145. Elevator mechanic license and lift mechanic license
An individual shall submit to the Commissioner a written application for an elevator mechanic or a lift mechanic license on a form provided by the Board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the Board that the applicant meets the qualifications established by the Board. An individual who holds an elevator mechanic license may work on platform lifts and stairway chairlifts without a lift mechanic license. An individual who holds only a lift mechanic license may not work on elevators without an elevator mechanic license. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44c, eff. June 27, 2002.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 146. Elevator inspector license

§ 146. Elevator inspector license
An individual shall submit to the Commissioner a written application for an elevator inspector license on a form provided by the Board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the Board that the applicant meets the qualifications established by the Board. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 147. Examination not required

§ 147. Examination not required
A license for elevator mechanic or inspector shall be issued to an applicant, upon application and payment of the required fee, or to an individual who holds a comparable valid license or certification from a state that has equal or more stringent requirements. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 148. Issuance and renewal of licenses; fees

§ 148. Issuance and renewal of licenses; fees
(a) A license issued by the Board shall be valid for two years. The Board may renew a license, provided the applicant submits a written application for renewal accompanied by the required fee prior to expiration of the license.
(b) Applicants for license renewal shall provide evidence, satisfactory to the Board, of completion of eight hours of instruction approved by the Board, designed to ensure the continued qualifications of the applicant.
(c) License and renewal fees are as follows:
(1) Elevator mechanic license: $75.00.
(2) Elevator inspector license: $150.00.
(3) Lift mechanic license: $50.00. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44e, eff. June 27, 2002.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 149. Civil penalties; suspension; revocation of license

§ 149. Civil penalties; suspension; revocation of license
After notice and hearing, the Board may suspend or revoke a license and assess administrative penalties pursuant to section 156 of this title for any of the following reasons:
(1) fraud or deceit in obtaining the license;
(2) failure to notify the Department and the owner or lessee of a conveyance of noncompliance of the conveyance with the standards adopted under this subchapter; or
(3) violation of any provisions of this subchapter. (Added 2001, No. 60, § 1, eff. July 1, 2002.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 150. Registration of conveyances

§ 150. Registration of conveyances
(a) The owner or lessee of a conveyance shall register the conveyance with the Department, pursuant to rules adopted by the Board. The registration shall include the type, rated load and speed, manufacturer, location, purpose, date of installation, and any additional information the Board may require.
(b) The Commissioner may, after notice and hearing, assess an administrative penalty of no more than $1,000.00 against a building owner or lessee who fails to register a conveyance as required by this subchapter. (Added 2001, No. 60, §§ 1, 3a, eff. date see notes set out below.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 151. Permits

§ 151. Permits
(a) No conveyance shall be erected, constructed, installed, or altered in a public building unless a permit has been obtained from the Department before work is commenced. Before a material alteration, as defined by rule, is begun, the conveyance shall conform to rules adopted by the Board regulating the alteration. A copy of the permit shall be kept at the construction site at all times while work is in progress.
(b) Each application for a permit shall be accompanied by a fee of $25.00, and copies of specifications and accurately scaled and fully dimensioned plans that clearly indicate location of the elevator in the building; the location of the machinery room and the equipment to be installed, relocated, or altered; all structural supporting members, including foundations; and a specification of all materials to be used and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.
(c) A permit may be revoked for any of the following reasons:
(1) a false statement or a misrepresentation of a material fact in the application, plans, or specifications on which the permit was based;
(2) failure of the permittee to perform work in accordance with the conditions of the permit, the provisions of the application, plans, or specifications, or with the standards required by this subchapter; or
(3) failure of the permit holder to comply with any order issued pursuant to section 154 of this title.
(d) Work shall commence within six months after the date of issuance of a permit, or within a shorter period of time as the Commissioner may specify in the permit.
(e) A permit shall expire if work is suspended or abandoned for more than 60 days after work has begun, or a shorter period of time as the Commissioner may specify in the permit. For good cause shown, the Commissioner may extend this period. (Added 2001, No. 60, § 1, eff. July 1, 2002.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 152. New installations; annual inspections and registrations

§ 152. New installations; annual inspections and registrations
(a) A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector other than the installer, and a certificate of operation has been issued.
(b) Every conveyance subject to this subchapter shall be inspected annually by an elevator inspector who may charge a fee for the service as established by the Board by rule. Rules adopted by the Board under this subsection shall take into account the degree of difficulty required by the inspection, the frequency of use of the conveyance, and the mode of operation of the conveyance, such as cable, traction, hydraulic, light use, or platform lift. The inspector shall notify the Department if a conveyance is found to be in violation of this subchapter or any rule adopted under this subchapter.
(c) An elevator inspector shall issue a certificate of operation after the inspector has inspected a new or existing conveyance, and has determined that the conveyance is in compliance with this subchapter. A certificate of operation shall be renewed annually. An owner of a conveyance shall ensure that the required inspections and tests are performed at intervals that comply with rules adopted by the Board. Certificates of operation shall be clearly displayed on or in each conveyance.
(d) The Department may issue a conditional certificate of operation for a conveyance that is not in complete compliance, provided the conveyance has been inspected and determined to be safe for temporary operation. This conditional certificate of operation shall permit a conveyance to operate for no more than 180 days or until the conveyance is in compliance, whichever occurs first.
(e) The inspector shall submit $25.00 of the fee charged for each inspection to the Department for each certificate of operation issued under this subchapter.
(f) As established by the Board by rule, an inspector may charge a fee not to exceed $250.00 for each inspection, and this fee shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 6.
(g) [Repealed.] (Added 2001, No. 60, § 1, eff. July 1, 2002; amended 2007, No. 153 (Adj. Sess.), § 6b.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 153. Insurance requirements; license

§ 153. Insurance requirements; license
A licensed elevator inspector shall submit to the Department an insurance policy, or certified copy issued by an insurance company authorized to do business in Vermont, that provides general liability coverage in an amount to be determined, by rule. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 154. Enforcement

§ 154. Enforcement
(a) The Commissioner may contract with elevator inspectors to perform random on-site inspections and tests on existing conveyances, conduct periodic inspections and tests to ensure satisfactory performance by licensed individuals, and develop public awareness programs.
(b) If the Commissioner finds a violation of this subchapter, the Commissioner may:
(1) order the owner of the premises or the owner’s agent and the individuals performing the work to correct or remove the violation;
(2) suspend or retract the permit; or
(3) order the owner, a public utility, or a private party furnishing electricity to the installation not to connect or disconnect electrical energy from the conveyance until the violation is corrected. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 155. Liability

§ 155. Liability
This subchapter shall not be construed to relieve any person that owns, operates, controls, maintains, erects, constructs, installs, alters, inspects, tests, or repairs any elevator or other conveyance covered by this subchapter from liability for damages to persons or property caused by any defect in any conveyance. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 156. Penalty

§ 156. Penalty
(a) Any owner or lessee who violates any of the provisions of this subchapter shall be fined not more than $1,500.00 for each occurrence.
(b) The Commissioner may, after notice and hearing, assess an administrative penalty of not more than $1,000.00 for each violation of this subchapter.
(c) Any person who erects, constructs, wires, alters, replaces, or maintains any conveyance located in any public building in this State without being licensed as required by this subchapter, or who employs an unlicensed person to perform this work, shall be fined not more than $1,000.00 for each offense. (Added 2001, No. 60, § 1, eff. July 1, 2002.)