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H.28 1
Introduced by Representatives Chapin of East Montpelier and LaLonde of 2
South Burlington 3
Referred to Committee on 4
Date: 5
Subject: Legislature; Vermont Statutes Annotated; oaths and affirmations 6
Statement of purpose of bill as introduced: This bill proposes to expressly 7
include the option of an affirmation in all instances in which an oath is 8
required throughout Titles 1–10 of the Vermont Statutes Annotated. 9
An act relating to including an affirmation option in oath requirements in 10
Titles 1–10 of the Vermont Statutes Annotated 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
* * * Title 1 * * * 13
Sec. 1. 1 V.S.A. § 127 is amended to read: 14
§ 127. OATH; SWORN 15
“Oath” shall include affirmation where by law an affirmation may be 16
substituted. In like in all cases, and “sworn” shall include affirmed. 17
Sec. 2. 1 V.S.A. § 137 is amended to read: 18
§ 137. SWORN OR AFFIRMED 19 BILL AS INTRODUCED H.28
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“Sworn” or “affirmed” when applied to public officers required by the 1
constitution Constitution to take certain oaths or affirmations shall refer to 2
those oaths or affirmations; when applied to other officers, it shall mean sworn 3
or affirmed to the faithful discharge of the duties of their offices before a 4
person authorized to administer oaths and affirmations. 5
* * * Title 2 * * * 6
Sec. 3. 2 V.S.A. § 3 is amended to read: 7
§ 3. SENATE CERTIFICATES; OATHS AND AFFIRMATIONS; 8
SECRETARY; CANVASSING COMMITTEE 9
The members-elect of the Senate shall deliver their certificates of election to 10
the President of the Senate before 10 o’clock in the forenoon of the first 11
Wednesday next after the first Monday of January, following their election; at 12
which time, the Senate shall be called to order by its President and the names 13
of the Senators who have presented their certificates shall be called. When a 14
quorum appears, the members shall take and subscribe the oath or affirmation 15
of allegiance and the oath or affirmation prescribed for Representatives to the 16
General Assembly and shall then elect a Secretary, who shall appoint an 17
Assistant Secretary, for whose acts he or she the Secretary shall be responsible. 18
The Senate shall then appoint a committee, consisting of one Senator from 19
each district, to join such committee as the House of Representatives appoints, 20 BILL AS INTRODUCED H.28
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to canvass the votes for Governor, Lieutenant Governor, State Treasurer, 1
Secretary of State, Auditor of Accounts, and Attorney General. 2
Sec. 4. 2 V.S.A. § 70(b) is amended to read: 3
(b) Powers; training. 4
(1) A Capitol Police officer shall have all the same powers and authority 5
as sheriffs and other law enforcement officers anywhere in the State, which 6
shall include the authority to arrest persons and enforce the civil and criminal 7
laws, keep the peace, provide security, and serve civil and criminal process. 8
For this purpose, a Capitol Police officer shall subscribe to the same oaths and 9
affirmations as are required for sheriffs. 10
* * * 11
Sec. 5. 2 V.S.A. § 267a is amended to read: 12
§ 267a. INVESTIGATIONS 13
The Attorney General shall investigate, on his or her the Attorney General’s 14
own initiative or in response to a complaint filed in writing with the Attorney 15
General, whether a violation of this chapter has occurred. The Attorney 16
General may administer oaths and affirmations, require filing of a statement 17
under oath or affirmation, take evidence, and require the production, by 18
subpoena or otherwise, of financial records, books, papers, correspondence, 19
and other documents and records the Attorney General considers to be relevant 20
and material to the investigation. The Attorney General shall make a 21 BILL AS INTRODUCED H.28
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determination of each complaint filed and, at the time of resolution of a 1
complaint which that is found to have merit, shall post on the website of the 2
Office of the Attorney General a brief summary of the complaint and 3
resolution. 4
* * * Title 3 * * * 5
Sec. 6. 3 V.S.A. § 123(h) is amended to read: 6
(h) Notwithstanding any provision of Title 26 of the Vermont Statutes 7
Annotated to the contrary, the Office, on behalf of the Director or a board, may 8
use electronic mail to send notices and reminders that would otherwise be sent 9
by mail, except certified mail, and may use online services to elicit information 10
and sworn or affirmed attestations that would otherwise be obtained on a paper 11
form. 12
Sec. 7. 3 V.S.A. § 129 is amended to read: 13
§ 129. POWERS OF BOARDS OR OF DIRECTOR IN ADVISOR 14
PROFESSIONS; DISCIPLINE PROCESS 15
(a) In addition to any other provisions of law, a board or the Director, in the 16
case of professions that have advisor appointees, may exercise the following 17
powers: 18
* * * 19
(2) Issue subpoenas and administer oaths and affirmations in connection 20
with any authorized hearing, investigation, or disciplinary proceeding. 21 BILL AS INTRODUCED H.28
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Subpoenas may be issued ex parte by the chair of the board, the Director, or 1
any attorney representing a party. Depositions may be taken after charges 2
upon due notice to all parties without specific authorization by the board. 3
* * * 4
(f)(1)(A) The Director may appoint a hearing officer, who shall be an 5
attorney admitted to practice in this State, to conduct a hearing that would 6
otherwise be heard by a board. A hearing officer appointed under this 7
subsection (f) may administer oaths and affirmations and exercise the powers 8
of the board properly incidental to the conduct of the hearing. 9
* * * 10
Sec. 8. 3 V.S.A. § 151 is amended to read: 11
§ 151. ELECTION AND TERM 12
An Attorney General shall be elected at the same time and in the same 13
manner as provided for the election of other State officers. He or she An 14
individual elected Attorney General shall be sworn to or shall affirm the 15
faithful discharge of his or her the duties of the office of Attorney General. 16
His or her The term of office of an individual elected Attorney General shall 17
commence when his or her the individual’s election is declared by the 18
committee appointed by the Senate and House of Representatives to canvass 19
the votes, agreeably with 17 V.S.A. § 2592, or when elected by the General 20
Assembly pursuant to said section, and continue for a term of two years. 21 BILL AS INTRODUCED H.28
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Sec. 9. 3 V.S.A. § 153(b) is amended to read: 1
(b) The Attorney General may appoint a Deputy Attorney General with the 2
approval of the Governor, remove him or her the Deputy Attorney General at 3
pleasure, and be responsible for his or her the Deputy Attorney General’s acts. 4
Such deputy The Deputy Attorney General shall perform such duties as the 5
Attorney General shall direct, and in the absence or disability of the Attorney 6
General perform the duties of the Attorney General. In case a vacancy occurs 7
in the Office office of Attorney General, such deputy the Deputy Attorney 8
General shall assume and discharge the duties of such the office until such the 9
vacancy is filled. Such The appointment of the Deputy Attorney General shall 10
be in writing and be recorded in the Office of the Secretary of State. Such The 11
Deputy Attorney General shall take the oath or affirmation required by the 12
constitution Constitution, shall be an informing officer, and shall have the 13
same authority throughout the State in civil or criminal matters as State’s 14
Attorneys have in their respective counties. 15
Sec. 10. 3 V.S.A. § 156 is amended to read: 16
§ 156. DUTIES 17
Such A legal assistant appointed pursuant to section 155 of this chapter 18
shall perform such duties as the Attorney General directs and may appear in 19
the trial or hearing of any civil or criminal cause in any court of the State on 20
behalf of the Attorney General. Before assuming his or her any duties, such 21 BILL AS INTRODUCED H.28
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the legal assistant shall take and subscribe to the oath or affirmation prescribed 1
by the Constitution. 2
Sec. 11. 3 V.S.A. § 258 is amended to read: 3
§ 258. REMOVAL OF CIVIL OFFICERS 4
The Governor may remove any civil officer whose appointment devolves 5
upon the Governor in the first instance, whether appointed by him or her the 6
current Governor or by any of his or her the Governor’s predecessors, with or 7
without the advice and consent of the Senate, and appoint a suitable person to 8
succeed such official, subject to removal in his or her the Governor’s 9
discretion, who shall be sworn or make an affirmation and who shall give the 10
bond, if any, required by law. Such A person so appointed, unless sooner 11
removed, shall perform the duties and be entitled to the pay of the person 12
whom he or she the appointed official succeeds, until March 1 of the next 13
biennial year and until his or her a successor is appointed and has qualified. 14
Sec. 12. 3 V.S.A. § 317 is amended to read: 15
§ 317. OATHS, AFFIRMATIONS, TESTIMONY, AND THE 16
PRODUCTION OF RECORDS 17
The Commissioner shall have the power to administer oaths and 18
affirmations, subpoena witnesses, and order the production of books and 19
papers pertinent to any investigation or hearing authorized by this chapter. 20 BILL AS INTRODUCED H.28
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Sec. 13. 3 V.S.A. § 925(d) is amended to read: 1
(d) The fact finder shall conduct hearings, pursuant to rules established by 2
the Board. Upon request of either party or of the fact finder, the Board may 3
issue subpoenas of persons and documents for the hearings and the fact finder 4
may require that testimony be given under oath or affirmation and may 5
administer oaths and affirmations. 6
Sec. 14. 3 V.S.A. § 965(c) is amended to read: 7
(c) The Board shall have power to administer oaths and affirmations and 8
take testimony under oath or affirmation relative to the matter of inquiry. At 9
any hearing ordered by the Board, the Board shall have the power to subpoena 10
witnesses and to demand the production of books, papers, records, and 11
documents for its examination. Officers who serve subpoenas issued by the 12
Board and witnesses attending hearings conducted by the Board shall receive 13
fees and compensation at the same rates as officers and witnesses in causes 14
before a Criminal Division of the Superior Court, to be paid on vouchers of the 15
Board. 16
Sec. 15. 3 V.S.A. § 1018(d) is amended to read: 17
(d) The fact finder shall conduct hearings pursuant to rules of the Board. 18
Upon request of either party or of the fact finder, the Board may issue 19
subpoenas of persons and documents for the hearings, and the fact finder may 20 BILL AS INTRODUCED H.28
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require that testimony be given under oath or affirmation and may administer 1
oaths and affirmations. 2
Sec. 16. 3 V.S.A. § 1030(c) is amended to read: 3
(c) The Board may administer oaths and affirmations, take testimony, 4
subpoena witnesses, and demand production of documents. Officers who 5
serve subpoenas issued by the Board and witnesses attending hearings shall be 6
paid fees and compensation on vouchers of the Board at the same rates as 7
officers and witnesses in causes before a Criminal Division of the Superior 8
Court. 9
Sec. 17. 3 V.S.A. § 1230(d) is amended to read: 10
(d) Subpoenas and, oaths, and affirmations. The Commission, the 11
Executive Director, and the Commission’s legal counsel and investigators shall 12
have the power to issue subpoenas and administer oaths and affirmations in 13
connection with any investigation or hearing, including compelling the 14
provision of materials or the attendance of witnesses at any investigation or 15
hearing. The Commission, the Executive Director, and the Commissioner’s 16
legal counsel shall seek voluntary compliance prior to issuing a subpoena, 17
except in cases where there is reasonable suspicion that materials will not be 18
produced in a timely manner. The Commission, the Executive Director, and 19
the Commission’s legal counsel and investigators may take or cause 20
depositions to be taken as needed in any investigation or hearing. 21 BILL AS INTRODUCED H.28
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Sec. 18. 3 V.S.A. § 2103 is amended to read: 1
§ 2103. OATH, OATHS AND AFFIRMATIONS; MEETINGS; 2
COMMITTEES 3
(a) Each Secretary shall take and file the official oath or affirmation prior to 4
assuming office. 5
* * * 6
Sec. 19. 3 V.S.A. § 3091(b) is amended to read: 7
(b) The hearing shall be conducted by the Board or by a hearing officer 8
appointed by the Board. The Chair of the Board may compel, by subpoena, the 9
attendance and testimony of witnesses and the production of books and 10
records. All witnesses shall be examined under oath or affirmation. The 11
Board shall adopt rules with reference to appeals, which shall not be 12
inconsistent with this chapter. The rules shall provide for reasonable notice to 13
parties, and an opportunity to be heard and be represented by counsel. 14
* * * Title 4 * * * 15
Sec. 20. 4 V.S.A. § 4 is amended to read: 16
§ 4. JUSTICES 17
* * * 18
(c) A Supreme Court Justice may file in the Office of the Secretary of 19
State, on or before September 1 of the year preceding the expiration of the term 20
for which the Justice was appointed or retained, a declaration that the Justice 21 BILL AS INTRODUCED H.28
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will be a candidate for retention. However, a Justice appointed and having 1
taken the oath or affirmation of office after September 1 of the year preceding 2
the expiration of the term of office shall automatically be a candidate for 3
retention without filing notice. When a Justice files such a declaration, the 4
Justice’s name shall be submitted to the General Assembly for a vote on 5
retention. The General Assembly shall vote upon one ballot on the question 6
“Shall the following Supreme Court Justices be retained in office?” The 7
names of the Justices shall be followed by “Yes __ No __ .” If a majority of 8
those voting on the question vote against retention, upon expiration of the term 9
of office, a vacancy shall exist that shall be filled by appointment in 10
accordance with the Constitution and chapter 15 of this title; if the majority 11
vote is in favor of retention, the Justice shall, unless removed for cause, remain 12
in office for another term and, at its end, shall be eligible for retention in office 13
in the manner prescribed pursuant to this subsection. 14
(d) The Court Administrator shall notify the Secretary of State whenever a 15
Justice is appointed and takes the oath or affirmation of office after September 16
1 of the year preceding the expiration of the term of office to which the Justice 17
has succeeded, thereby resulting in automatic notification of an intention to 18
continue in office. Whenever a Justice files a declaration under subsection (c) 19
of this section, or notification occurs automatically, the Secretary of State shall 20 BILL AS INTRODUCED H.28
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notify the President of the Senate, the Speaker of the House, the Office of 1
Legislative Counsel, and the Office of Legislative Operations forthwith. 2
Sec. 21. 4 V.S.A. § 27b is amended to read: 3
§ 27b. SELF-ATTESTED DECLARATION IN LIEU OF NOTARIZATION 4
* * * 5
(c) This section shall not apply to an affidavit in support of a search 6
warrant application, an application for a nontestimonial identification order, an 7
oath or affirmation required by 14 V.S.A. § 108, or consents and 8
relinquishments in adoption proceedings governed by Title 15A. 9
Sec. 22. 4 V.S.A. § 71 is amended to read: 10
§ 71. APPOINTMENT AND TERM OF SUPERIOR JUDGES 11
* * * 12
(b) A Superior judge may file in the Office of the Secretary of State, on or 13
before September 1 of the year preceding the expiration of the term for which 14
the Superior judge was appointed or retained, a declaration that the Superior 15
judge will be a candidate for retention. However, a Superior judge appointed 16
and having taken the oath or affirmation of office after September 1 of the year 17
preceding the expiration of the term of office shall automatically be a 18
candidate for retention without filing notice. When a judge files such a 19
declaration, the judge’s name shall be submitted to the General Assembly for a 20
vote on retention. The General Assembly shall vote upon one ballot on the 21 BILL AS INTRODUCED H.28
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question “Shall the following Superior judges be retained in office?” The 1
names of the judges shall be listed followed by “Yes __ No __ .” If a majority 2
of those voting on the question vote against retention, upon expiration of the 3
term of office, a vacancy shall exist that shall be filled by appointment in 4
accordance with the Constitution and chapter 15 of this title; if the majority 5
vote is in favor of retention, the judge shall, unless removed for cause, remain 6
in office for another term and, at its end, shall be eligible for retention in office 7
in the manner prescribed pursuant to this subsection. 8
(c) The Court Administrator shall notify the Secretary of State whenever a 9
Superior judge is appointed and takes the oath or affirmation of office after 10
September 1 of the year preceding the expiration of the term of office to which 11
the judge has succeeded, thereby resulting in automatic notification of an 12
intention to continue in office. Whenever a Superior judge files a declaration 13
under subsection (b) of this section or notification occurs automatically, the 14
Secretary of State shall notify the President of the Senate, the Speaker of the 15
House, the Office of Legislative Counsel, and the Office of Legislative 16
Operations forthwith. 17
* * * 18
Sec. 23. 4 V.S.A. § 362 is amended to read: 19
§ 362. OATHS AND AFFIRMATIONS 20
A Probate judge or register may administer oaths and affirmations. 21 BILL AS INTRODUCED H.28
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Sec. 24. 4 V.S.A. § 461 is amended to read: 1
§ 461. OFFICE OF MAGISTRATE; JURISDICTION; SELECTION; TERM 2
* * * 3
(c)(1) Terms of office of magistrates, except in the case of an appointment 4
to fill a vacancy or unexpired term, shall be for a term of six years from and 5
including April 1 in the year of the magistrate’s appointment or retention. A 6
magistrate shall remain in office until a successor is appointed and qualified, 7
unless sooner removed for cause or unless he or she the magistrate resigns. 8
(2) A magistrate may file in the office Office of the Secretary of State, 9
on or before September 1 of the year preceding the expiration of the term for 10
which the magistrate was appointed or retained, a declaration that the 11
magistrate will be a candidate to succeed themself for retention. However, a 12
magistrate appointed and having taken the oath or affirmation of office after 13
September 1 of the year preceding the expiration of the term of office shall 14
automatically be a candidate for retention without filing notice. When a 15
magistrate files such a declaration, the magistrate’s name shall be submitted to 16
the General Assembly for a vote on retention. The General Assembly shall 17
vote upon one ballot on the question: “Shall the following magistrates be 18
retained in office?” The names of the magistrates shall be listed followed by 19
“Yes____ No____.” If a majority of those voting on the question vote against 20
retaining a magistrate in office, upon the expiration of the term, a vacancy shall 21 BILL AS INTRODUCED H.28
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exist that shall be filled in accordance with the Constitution and chapter 15 of 1
this title. If the majority vote is in favor of retention, the magistrate shall, 2
unless removed for cause, remain in office for another term and, at its end, 3
shall be eligible for retention in office in the manner prescribed pursuant to this 4
subdivision. 5
(3) The Court Administrator shall notify the Secretary of State whenever 6
a magistrate is appointed and takes the oath or affirmation of office after 7
September 1 of the year preceding the expiration of the term of office to which 8
the magistrate has succeeded, thereby resulting in automatic notification of an 9
intention to continue in office. Whenever a magistrate files a declaration under 10
subdivision (2) of this subsection or when notification occurs automatically, 11
the Secretary of State shall notify the President of the Senate, the Speaker of 12
the House, the Office of Legislative Counsel, and the Office of Legislative 13
Operations forthwith. 14
* * * 15
Sec. 25. 4 V.S.A. § 466(d) is amended to read: 16
(d) Witnesses shall be sworn or shall make an affirmation. Hearings shall 17
be electronically recorded. The magistrate shall assist the parties in developing 18
relevant and reliable evidence. 19 BILL AS INTRODUCED H.28
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Sec. 26. 4 V.S.A. § 491 is amended to read: 1
§ 491. QUALIFICATION OF JUSTICE OF THE PEACE —FILING OF 2
OATH OR AFFIRMATION AND CERTIFICATE 3
(a) Before entering upon his or her any duties, each justice of the peace 4
shall deposit with the town clerk a signed copy of his or her official oath, 5
signed by himself or herself the justice’s official oath or affirmation, along 6
with a certificate of the magistrate or notary public administering the same 7
who administered the oath or affirmation to the justice. The Secretary of State 8
shall provide oath or affirmation forms for this purpose. 9
(b) The term of office of justices of the peace shall be two years, and shall 10
commence on the first day of February next after their election. 11
Sec. 27. 4 V.S.A. § 608(f) is amended to read: 12
(f) In the performance of its official functions, the Joint Committee on 13
Judicial Retention may by a majority vote of its membership issue subpoenas 14
to compel the attendance of witnesses to testify under oath or affirmation and 15
to produce documents. 16
Sec. 28. 4 V.S.A. § 794 is amended to read: 17
§ 794. OATH OR AFFIRMATION; CORRECTNESS OF REPORTS AND 18
COPIES 19
Upon appointment, a stenographic reporter shall be sworn take an oath or 20
affirmation before entering upon his or her any duties and shall be responsible 21 BILL AS INTRODUCED H.28
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for the correctness of his or her the reporter’s own reports and of certified 1
copies thereof made by him or her or under his or her of reports made by the 2
reporter or at the reporter’s direction. 3
Sec. 29. 4 V.S.A. § 803 is amended to read: 4
§ 803. ELECTRONIC RECORDING EQUIPMENT 5
* * * 6
(b) For the purpose of operating recording equipment, the judge may 7
appoint or designate the official reporter of that court, a special reporter, the 8
clerk of the court, any staff of the court, the court officer, or any other 9
designated court personnel. The person operating recording equipment shall 10
subscribe to an oath or affirmation that the operator will well and truly operate 11
it to record all matters and proceedings. 12
(c) The court may then designate the person operating the equipment or any 13
other competent person to read the recording and to transcribe it into 14
typewriting. The person transcribing the recording shall subscribe to an oath 15
or affirmation that it has truly and correctly been transcribed. 16
* * * 17
Sec. 30. 4 V.S.A. § 851 is amended to read: 18
§ 851. APPOINTMENT AND POWERS OF COMMISSIONERS 19
The Governor may appoint commissioners in other states and in foreign 20
countries who shall hold office for five years unless sooner removed by him or 21 BILL AS INTRODUCED H.28
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her the Governor. They may take depositions, affidavits, and testimony to be 1
used in any proceedings in Superior Court; administer oaths and affirmations; 2
and take the acknowledgment of deeds and other instruments to be used or 3
recorded in this State, and their acts in other states or foreign countries shall 4
have the same force as though performed by a justice or master in this State. 5
Sec. 31. 4 V.S.A. § 852 is amended to read: 6
§ 852. OATH OR AFFIRMATION AND BOND 7
Before entering upon his or her any duties, each commissioner shall take 8
and subscribe an oath or affirmation of office before a magistrate of his or her 9
the commissioner’s locality and execute a bond to this State with sureties to the 10
satisfaction of the Governor in the sum of $500.00, conditioned for the faithful 11
performance of his or her the commissioner’s duties. The bond shall be kept in 12
the office Office of the Secretary of State, and an action may be maintained 13
against any or all signers thereof of the bond, in the name of the State, for the 14
benefit of a person injured by the act or neglect of the commissioner. 15
Sec. 32. 4 V.S.A. § 1106(b) is amended to read: 16
(b) The hearing shall be held before a hearing officer and conducted in an 17
impartial manner. The hearing officer may, by subpoena, compel the 18
attendance and testimony of witnesses and the production of books and 19
records. All witnesses shall be sworn or shall make an affirmation. The 20
burden of proof shall be on the State or municipality to prove the allegations 21 BILL AS INTRODUCED H.28
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by clear and convincing evidence. As used in this section, “clear and 1
convincing evidence” means evidence that establishes that the truth of the facts 2
asserted is highly probable. Certified copies of records supplied by the 3
Department of Motor Vehicles or the Agency of Natural Resources and 4
presented by the issuing officer or other person shall be admissible without 5
testimony by a representative of the Department of Motor Vehicles or the 6
Agency of Natural Resources. 7
* * * Title 5 * * * 8
Sec. 33. 5 V.S.A. § 32 is amended to read: 9
§ 32. PRODUCTION AND EXAMINATION OF BOOKS; WITNESSES 10
So far as is necessary for the performance of their duties, the members of 11
the Transportation Board or the Secretary of Transportation or his or her 12
designee and any other employee of the Agency authorized by the Secretary 13
shall have power to examine the books, accounts, and papers of any person, 14
receiver, trustee, or lessee owning or operating any line, plant, or property, 15
subject to the Board’s or the Agency’s jurisdiction, that in any way relate to or 16
contain entries, data, or memoranda concerning any transaction substantially 17
affecting the interests of the State of Vermont or consumers of transportation 18
services within the State. In addition to these powers, they may subpoena 19
witnesses, administer oaths and affirmations to witnesses, and examine them 20
on all matters over which the Board or Agency has jurisdiction. 21 BILL AS INTRODUCED H.28
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Sec. 34. 5 V.S.A. § 34 is amended to read: 1
§ 34. REFUSAL TO SHOW BOOKS; FALSE OATH OR AFFIRMATION; 2
PENALTIES 3
A person, company, or corporation subject to the supervision of the Board 4
or the Agency who refuses the Board or the Agency access to its books, 5
accounts, or papers so far as may be necessary under the provisions of this 6
chapter, or who fails or refuses to furnish any returns, reports, or information 7
lawfully required by it, or who willfully hinders, delays, or obstructs it in the 8
discharge of the duties imposed upon it, or who fails within a reasonable time 9
to obey a final order or decree of the Board, shall be fined not more than 10
$5,000.00. An individual who knowingly, under oath or affirmation, makes a 11
false return or statement or gives false information to the Board or the Agency, 12
or who knowingly testifies falsely in any material matter before either of them, 13
shall be deemed to have committed perjury and shall be punished accordingly. 14
Sec. 35. 5 V.S.A. § 1016(d) is amended to read: 15
(d) The board shall adopt rules in accordance with the provisions of the 16
ordinance or resolution by which it was created. Meetings of the board shall 17
be held at the call of the chair and at such other times as the board may 18
determine. The chair, or in his or her the chair’s absence the acting chair, may 19
administer oaths and affirmations and compel the attendance of witnesses. All 20
hearings of the board shall be public. The board shall keep minutes of its 21 BILL AS INTRODUCED H.28
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proceedings, showing the vote of each member upon each question, or, if 1
absent or failing to vote, indicating this fact. The board shall keep records of 2
its examinations and other official actions, all of which shall immediately be 3
filed in the office of the board and shall be a public record. 4
Sec. 36. 5 V.S.A. § 1017(c) is amended to read: 5
(c) The board of adjustment shall not be required to return the original 6
papers acted upon by it, but it shall be sufficient to return certified or, sworn, 7
or affirmed copies or of portions of copies that may be called for by the court. 8
Sec. 37. 5 V.S.A. § 3756 is amended to read: 9
§ 3756. OATH OR AFFIRMATION OF OFFICE 10
Each police officer so commissioned pursuant to section 3755 of this 11
chapter shall, before entering upon the duties of his or her the office, take an 12
oath or affirmation of office administered by the Commissioner of Public 13
Safety or his or her designee. 14
* * * Title 6 * * * 15
Sec. 38. 6 V.S.A. § 1(a) is amended to read: 16
(a) The Agency of Agriculture, Food and Markets shall be administered by 17
a Secretary of Agriculture, Food and Markets. The Secretary shall supervise 18
and be responsible for the execution and enforcement of all laws relating to 19
agriculture and standards of weight and measure. The Secretary may: 20
* * * 21 BILL AS INTRODUCED H.28
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(5) Issue subpoenas and administer oaths and affirmations in connection 1
with an authorized investigation or hearing. 2
* * * 3
Sec. 39. 6 V.S.A. § 11 is amended to read: 4
§ 11. ADMINISTRATIVE HEARINGS; HEARING OFFICERS 5
The Secretary may designate a hearing officer to preside in his or her the 6
Secretary’s place in all matters in which the Secretary is required or permitted 7
by law to conduct a hearing. The hearing officer may administer oaths and 8
affirmations or issue subpoenas in connection with a hearing. The hearing 9
officer shall report findings of fact to the Secretary in writing, within a 10
reasonable time after the conclusion of the hearing, in contested cases within 11
the meaning of 3 V.S.A. § 801(b)(2). Judgment on the findings in cases 12
covered by this section shall be rendered only by the Secretary. 13
Sec. 40. 6 V.S.A. § 2674(a) is amended to read: 14
(a) On or before March 1 of each year, all handlers shall send the Secretary 15
a full and accurate report of the amount of business done during the preceding 16
year, together with such other statistical information as the Secretary may 17
require. Failure to file requested information shall be grounds for suspension 18
of license. If the handler purchases milk from a Vermont farm, a cooperative 19
representing a Vermont farm, or a marketing service owned by a cooperative, 20 BILL AS INTRODUCED H.28
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the handler, in addition to any other information required by the Secretary, 1
shall provide the following information: 2
* * * 3
(2) a sworn or affirmed balance sheet showing assets and liabilities and 4
a profit and loss statement as of the end of the handler’s preceding fiscal year 5
and such other information regarding its financial condition as the Secretary 6
may require; and 7
* * * 8
Sec. 41. 6 V.S.A. § 2722 is amended to read: 9
§ 2722. APPLICATION 10
Applications shall be completely filled out and sworn to or affirmed by the 11
applicant or a partner or officer of the applicant and in case of renewal shall be 12
filed with the Secretary on or before July 15 of each year. New handlers may 13
apply for a license at any time. Renewal applications not received on or before 14
August 15 shall be assessed a late fee of $100.00. The application for a 15
handler’s license shall provide the following information and such other 16
information as the Secretary by regulation rule shall reasonably require: 17
* * * 18
(3) In the case of a new application, the applicant shall provide the 19
following information: 20
* * * 21 BILL AS INTRODUCED H.28
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(B) The anticipated supply of milk and the daily quantity to be 1
purchased from such sources. If a handler buys milk or represents that he or 2
she the handler intends to buy milk from Vermont producers, he or she the 3
handler shall provide a sworn or affirmed balance sheet showing assets and 4
liabilities and a profit and loss statement as of the end of the handler’s 5
preceding fiscal year and such other information regarding its financial 6
condition as the Secretary may require. Upon the request of the Secretary, the 7
financial statements shall be accompanied by an opinion of a certified public 8
accountant. 9
* * * 10
Sec. 42. 6 V.S.A. § 2762 is amended to read: 11
§ 2762. PRODUCER AFFIDAVIT; VOLUNTARY LABELING 12
A milk handler may claim in the label on a container or package of milk, or 13
of a dairy product offered for retail sale in Vermont, or in a written display at 14
the point of sale of such milk or dairy product, that the milk or dairy product is 15
derived from cows not treated with rbST, provided that: 16
(1) Producer affidavit. Each milk producer supplying the handler with 17
milk to be so identified shall, by affidavit, notify the handler that milk sold to 18
the handler is from cows that are not, and have not been within 90 days prior to 19
the notification, treated with rbST, and swears or affirms that he or she the 20 BILL AS INTRODUCED H.28
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milk producer will notify his or her the handler at least 90 days before using 1
rbST in the production of milk by such cows. 2
(2) Handler affidavit. 3
(A) The milk handler shall, by affidavit, notify the Secretary of the 4
handler’s practices adopted to ensure that milk from cows not treated with 5
rbST is kept separate from other milk throughout the collection, transportation, 6
and processing steps until the finished milk or dairy product is in final 7
packaged form in a labeled container and swears or affirms that the handler 8
will notify the Secretary at least 90 days before ceasing use of such practices. 9
* * * 10
Sec. 43. 6 V.S.A. § 2929 is amended to read: 11
§ 2929. POWER TO MAKE ORDERS AND CONDUCT HEARINGS; 12
RULES 13
(a) In administering this chapter, the Commission shall have the power to 14
make orders under this section, conduct hearings, subpoena, and examine 15
under oath or affirmation producers, handlers, and distributors, their books, 16
records, documents, correspondence, and accounts, and any other person it 17
deems necessary to carry out the purposes and intent of this chapter. 18
(b) Any order issued under this chapter shall only be made final after a 19
public hearing and after publication of a proposed order for public review and 20
comment for 30 days following the publication of the proposed order. 21 BILL AS INTRODUCED H.28
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* * * 1
(2) Interested persons shall not be considered “parties,” and, except as 2
otherwise specifically provided by subsection (c) of this section, the provisions 3
of 3 V.S.A. chapter 25 relating to contested cases shall not apply to the 4
procedure for the conduct of the hearing, the issuance of a proposed pricing 5
order, or the promulgation of a final order. The hearing on the proposed order 6
shall be held in accordance with the applicable provisions of 3 V.S.A. § 840(c) 7
and (d), other than the provisions relating to notice and the requirements of 3 8
V.S.A. § 832a. The hearing procedure shall provide for the establishment of a 9
formal record of sworn or affirmed evidence received, matters officially 10
noticed, questions and offers of proof submitted by interested persons, and any 11
proposed findings presented. 12
* * * 13
Sec. 44. 6 V.S.A. § 2972(b) is amended to read: 14
(b) Included among the powers of the Council in connection with the 15
enforcement of this chapter are the powers to require reports from any person 16
subject to this chapter; to adopt, rescind, modify, and amend all proper and 17
necessary rules and orders to administer this chapter, which rules and orders 18
shall be adopted by publication in the manner prescribed by the Council and 19
shall have the force and effect of law when not inconsistent with existing laws; 20
to administer oaths and affirmations, subpoena witnesses, take depositions, and 21 BILL AS INTRODUCED H.28
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certify to official acts; to require any dealer to keep such true and accurate 1
records and to make such reports covering purchases, sales, and receipts of 2
dairy products and related matters as the Council deems reasonably necessary 3
for effective administration, which records shall be open to inspection by the 4
Secretary of Agriculture, Food and Markets at any reasonable time and as often 5
as may be necessary, but information thus obtained shall not be published or be 6
open to public inspection in any manner revealing any individual dealer’s 7
identity, except as required in proceedings to enforce compliance; to keep 8
accurate books, records, and accounts of all of its dealings; and to make 9
annually a full report of its doings to the House Committee on Agriculture, 10
Food Resiliency, and Forestry and the Senate Committee on Agriculture and 11
the Governor, which shall show the amount of money received and the 12
expenditures thereof. The report shall be submitted on or before January 15. 13
The Vermont Agency of Agriculture, Food and Markets shall perform the 14
administrative work of the Council as directed by the Council. The Council 15
shall reimburse the Agency of Agriculture, Food and Markets for the cost of 16
services performed by the Agency. 17
Sec. 45. 6 V.S.A. § 3318 is amended to read: 18
§ 3318. INVESTIGATION; RECORD KEEPING 19
(a) The Secretary shall also have power: 20
* * * 21 BILL AS INTRODUCED H.28
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(2) To require, by general or special orders, persons engaged in 1
intrastate commerce to file with the Secretary, in the form that the Secretary 2
may prescribe, annual or special reports or answers in writing to specific 3
questions. The person filing the reports or answers shall furnish the Secretary 4
with any information he or she the Secretary may require as to the 5
organization, business, conduct, practices, management, and relation to other 6
persons. The reports and answers shall be made under oath or affirmation, or 7
otherwise, as the Secretary may prescribe and shall be filed with the Secretary 8
within a reasonable period as the Secretary may prescribe, unless additional 9
time is granted by the Secretary. 10
(b) For the purpose of this chapter, the Secretary shall at all reasonable 11
times have access to and the right to copy any documentary evidence of any 12
person being investigated or proceeded against. The Secretary may subpoena 13
the attendance and testimony of witnesses and the production of all 14
documentary evidence of any person relating to any matter under investigation 15
or subject to administrative hearing. The Secretary or his or her designee may 16
sign subpoenas and may administer oaths and affirmations, examine witnesses, 17
and receive evidence. 18
(1) The attendance of witnesses and the production of documentary 19
evidence may be required at any designated place of hearing. In case of 20
disobedience to a subpoena, the Secretary may invoke the aid of any district or 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
Superior Court in requiring the attendance and testimony of witnesses and the 1
production of documentary evidence. 2
(2) Any district or Superior Court within the jurisdiction in which an 3
inquiry is carried on may, in case of resistance or refusal to obey a subpoena 4
issued to any person, issue an order requiring the person to appear before the 5
Secretary or to produce documentary evidence or to give evidence touching the 6
matter in question. Any failure to obey an order of the court may be punished 7
by the court as a contempt. 8
* * * 9
(4) The Secretary may order testimony to be taken by deposition in any 10
proceeding or investigation pending under this chapter at any stage of the 11
proceeding or investigation. The depositions may be taken before any person 12
designated by the Secretary who has the power to administer oaths and 13
affirmations. The testimony shall be reduced to writing by the person taking 14
the deposition, or under his or her that person’s direction, and shall be 15
subscribed by the deponent. Any person may be compelled to appear and 16
depose and to produce documentary evidence in the same manner as witnesses 17
may be compelled to appear and testify and produce documentary evidence 18
before the Secretary as provided in this chapter. 19
* * * 20 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
* * * Title 7 * * * 1
Sec. 46. 7 V.S.A. § 211(b) is amended to read: 2
(b) The hearing officer may administer oaths and affirmations in all cases, 3
so far as the exercise of that power is properly incidental to the performance of 4
the hearing officer’s duty or that of the Board. A hearing officer may hold any 5
hearing in any matter within the jurisdiction of the Board. 6
Sec. 47. 7 V.S.A. § 588 is amended to read: 7
§ 588. FEES OF SHERIFF, CONSTABLE, OR POLICE OFFICER 8
When a sheriff, constable, or police officer makes a search under this title 9
pursuant to a warrant, he or she the officer shall receive a fee for the search, 10
reimbursement for mileage at the rate set pursuant to 32 V.S.A. § 1267, and the 11
sum that he or she the officer actually paid out for necessary assistance, if: 12
(1) the Commissioner of Liquor and Lottery deems the amount to be 13
reasonable; and 14
(2) the officer declares under oath or affirmation that the money was 15
expended as claimed, and, if applicable, states the name of his or her the 16
officer’s assistant and the amount paid for the assistance. 17
* * * Title 8 * * * 18
Sec. 48. 8 V.S.A. § 13(a) is amended to read: 19
(a) In addition to any other penalties, and in order to enforce this title, 9 20
V.S.A. chapters 131 and 150, Title 9A, and 18 V.S.A. chapter 221, the 21 BILL AS INTRODUCED H.28
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Commissioner may issue subpoenas, examine persons, administer oaths and 1
affirmations, and require production of papers and records. Any subpoena or 2
notice to produce may be served by registered or certified mail or in person by 3
an agent of the Commissioner. Service by registered or certified mail shall be 4
effective three business days after mailing. Any subpoena or notice to produce 5
shall provide at least six business days’ time from service within which to 6
comply, except that the Commissioner may shorten the time for compliance for 7
good cause shown. Any subpoena or notice to produce sent by registered or 8
certified mail, postage prepaid, shall constitute service on the person to whom 9
it is addressed. Each witness who appears before the Commissioner under 10
subpoena shall receive a fee and mileage as provided for witnesses in civil 11
cases in Superior Courts; provided, however, that any person subject to 12
regulation under this title shall not be eligible to receive fees or mileage under 13
this section. 14
Sec. 49. 8 V.S.A. § 2102(a) is amended to read: 15
(a) Application for a license or registration shall be in writing, under oath 16
or affirmation, and in the form prescribed by the Commissioner, and shall 17
contain the legal name, any fictitious name or trade name, and the address of 18
the residence and place of business of the applicant; if the applicant is a 19
partnership corporation, limited liability company, partnership, or other entity, 20
the name and title of each key individual and person in control of the applicant; 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
the county and municipality with street and number, if any, where the business 1
is to be conducted; and such further information as the Commissioner may 2
require. 3
Sec. 50. 8 V.S.A. § 2117(b) is amended to read: 4
(b)(1) The Commissioner may review, investigate, or examine any person, 5
regardless of whether the person has obtained a license under this part, as often 6
as necessary in order to carry out the purposes of this part. 7
(2) The Commissioner may direct, subpoena, or order the attendance of, 8
and examine under oath or affirmation, a person whose testimony is required 9
about the loans or the business or subject matter of an examination or 10
investigation, and may direct, subpoena, or order the person to produce books, 11
accounts, records, files, and any other documents the Commissioner deems 12
relevant to the inquiry. 13
Sec. 51. 8 V.S.A. § 2120(a) is amended to read: 14
(a)(1) In addition to any specific information required by the applicable 15
chapter, annually, on or before April 1, a licensee shall file a report with the 16
Commissioner to provide the information the Commissioner reasonably 17
requires concerning the business and operations conducted in this State during 18
the preceding calendar year. 19
(2) The licensee shall submit the report under oath or affirmation and in 20
the form the Commissioner requires. 21 BILL AS INTRODUCED H.28
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* * * 1
Sec. 52. 8 V.S.A. § 2202a(a) is amended to read: 2
(a) Application for a license for a lender making solely commercial loans 3
shall be in writing, under oath or affirmation, and in the form prescribed by the 4
Commissioner, and shall contain the name and address of the residence and the 5
place of business of the applicant and, if the applicant is a partnership or 6
association, of every member thereof, and, if a corporation, of each officer, 7
director, and control person thereof; the county and municipality with street 8
and number, if any, where the business is to be conducted; and such further 9
information as the Commissioner may require. 10
Sec. 53. 8 V.S.A. § 2236a is amended to read: 11
§ 2236a. EXTENT OF ASSIGNMENT; SERVICE U PON EMPLOYER 12
Under any such assignment or order for the payment of future salary, 13
wages, commissions, or other compensation for services given as security for a 14
loan made by any licensee under this chapter, a sum not to exceed 10 percent 15
of the borrower’s salary, wages, commissions, or other compensation for 16
services shall be collectible from the employer of the borrower by the licensee 17
at the time of each payment to the borrower of such salary, wages, 18
commissions, or other compensation for services, from the time that a copy of 19
such assignment, verified by the oath or affirmation of the licensee or the 20 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
licensee’s agent, together with a similarly verified statement of the amount 1
unpaid upon such loan, is served upon the employer. 2
Sec. 54. 8 V.S.A. § 2260(a) is amended to read: 3
(a) Annually, on or before April 1, each company registered under this 4
chapter shall file a report with the Commissioner under oath or affirmation and 5
in the form and manner prescribed by the Commissioner. In addition to 6
information required by section 2120 of this title, the report shall include any 7
information the Commissioner requires concerning the company’s business 8
and operations during the preceding calendar year within Vermont and, in 9
addition, shall include: 10
* * * 11
Sec. 55. 8 V.S.A. § 3361(a) is amended to read: 12
(a) A foreign or alien insurer shall not transact business in this State unless 13
it first obtains from the Commissioner a license authorizing it to do so. Before 14
receiving a license, it shall file with the Commissioner a certified copy of its 15
charter and bylaws, a statement under oath or affirmation of its president and 16
secretary, showing its financial condition, and any other statements required by 17
the Commissioner. 18
Sec. 56. 8 V.S.A. § 3371(e) is amended to read: 19
(e) “Surplus to policyholders” for the purposes of this section, in addition 20
to the insurer’s unassigned capital and surplus, shall be deemed to include any 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
voluntary reserves which that are not required pursuant to law, and shall be 1
determined from the last sworn or affirmed statement of the insurer on file with 2
the Commissioner, or by the last report of examination of the insurer, 3
whichever is the more recent at time of assumption of risk. 4
Sec. 57. 8 V.S.A. § 3561(a) is amended to read: 5
(a) Each domestic, foreign, and alien insurance company doing business in 6
this state State shall annually submit to the Commissioner a statement of its 7
financial condition, verified by oath or affirmation of two of its executive 8
officers. The statement shall be prepared in accordance with the National 9
Association of Insurance Commissioners’ Instructions Handbook and 10
Accounting Practices and Procedures Manual and shall be in such general form 11
and context, as approved by, and shall contain any other information required 12
by, the National Association of Insurance Commissioners with any useful or 13
necessary modifications or adaptations thereof required or approved or 14
accepted by the Commissioner for the type of insurance and kinds of insurers 15
to be reported upon, and as supplemented by additional information required 16
by the Commissioner. The statement of an alien insurer shall relate only to the 17
insurer’s transactions and affairs in the United States unless the Commissioner 18
requires otherwise. A foreign or alien company, upon withdrawing from the 19
State of Vermont, shall pay to the Commissioner $25.00 for the filing of its 20
final financial statement. 21 BILL AS INTRODUCED H.28
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Sec. 58. 8 V.S.A. § 3565(a) is amended to read: 1
(a) The Commissioner, inspecting an insurance company, may require its 2
officers, or any agent thereof, to exhibit books kept by them relating to their 3
business and may examine under oath or affirmation such agents and officers 4
and other persons as he or she the Commissioner thinks proper, in relation to 5
the business transactions and conditions of the company. 6
Sec. 59. 8 V.S.A. § 3574(b) is amended to read: 7
(b) Filing of examination report. No Not later than 60 days following 8
completion of the examination, the examiner in charge shall file with the 9
Department a written report of examination under oath or affirmation. Upon 10
receipt of the report, the Department shall transmit the report to the company 11
examined, together with a notice which that shall afford the company 12
examined a reasonable opportunity of not more than 30 days to make a written 13
submission or rebuttal with respect to any matters contained in the examination 14
report. 15
Sec. 60. 8 V.S.A. § 3686(f) is amended to read: 16
(f) Compelling production. In the event the insurer fails to comply with an 17
order, the Commissioner shall have the power to examine the affiliates to 18
obtain the information. The Commissioner also shall have the power to issue 19
subpoenas, to administer oaths and affirmations, and to examine under oath or 20
affirmation any person for purposes of determining compliance with this 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
section. Upon the failure or refusal of any person to obey a subpoena, the 1
Commissioner may petition a court of competent jurisdiction, and upon proper 2
showing, the court may enter an order compelling the witness to appear and 3
testify or produce documentary evidence. Failure to obey the court order shall 4
be punishable as contempt of court. Every person shall be obliged to attend as 5
a witness at the place specified in the subpoena, when subpoenaed, anywhere 6
within the State. He or she A person who appears as a witness pursuant to a 7
subpoena shall be entitled to the same fees and mileage, if claimed, as a 8
witness in the Superior Court of this State, which fees, mileage, and actual 9
expense, if any, necessarily incurred in securing the attendance of witnesses 10
and their testimony shall be itemized and charged against and be paid by the 11
company being examined. 12
Sec. 61. 8 V.S.A. § 3865 is amended to read: 13
§ 3865. MILL MUTUAL; FEES 14
A mutual fire insurance company of another state which that insures only 15
factories or mills, or property connected with such factories or mills, may be 16
admitted to transact business in this State upon complying with the conditions 17
set forth in the statutory laws of this State, except that in lieu of all other taxes, 18
licenses, and fees whatsoever, it shall pay to the Commissioner: 19
(1) for filing its charter and bylaws, a fee of $30.00; 20 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
(2) for filing a statement under oath or affirmation of its president and 1
secretary, showing its financial condition and standing upon forms furnished 2
by him or her the Commissioner, a fee of $20.00; and annually thereafter on or 3
before March 31, it shall pay to the Commissioner a fee of $20.00 for the filing 4
of its annual statement and an annual license fee of $5.00; and 5
(3) its fire marshal tax. 6
Sec. 62. 8 V.S.A. § 3914 is amended to read: 7
§ 3914. STATEMENT AS TO APPLICATIONS 8
At the time of such filing, or within one year thereafter, such persons, or 9
those who have been designated as the president and the secretary of such 10
corporation, may file with the Commissioner a sworn or affirmed statement to 11
the effect that applications for insurance in the amounts respectively indicated 12
in section 3920 of this title have been made in good faith to such corporation. 13
Such statement shall give the names and addresses of such applicants and the 14
amount of insurance applied for by each. In case such corporation charges 15
advance premiums, such statement shall show that the premium, specifying the 16
amount, has been paid in full by each such applicant. 17
Sec. 63. 8 V.S.A. § 4464(4) is amended to read: 18
(4) Upon receipt of a preliminary certificate from the Commissioner, the 19
society may solicit members for the purpose of completing its organization, 20
shall collect from each applicant the amount of not less than one regular 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
monthly premium in accordance with its table of rates as provided by its 1
constitution and laws, and shall issue to each such applicant a receipt for the 2
amount so collected. No society may incur any liability other than for the 3
return of the advance premium, nor issue any certificate, nor pay, allow, or 4
offer or promise to pay or allow, any death or disability benefit to any person 5
until all of the following have occurred: 6
(A) actual Actual bona fide applications for death benefits have been 7
secured aggregating at least $500,000.00 on not less than 500 lives;. 8
(B) all All such applicants for death benefits shall have furnished 9
evidence of insurability satisfactory to the society;. 10
(C) certificates Certificates of examinations or acceptable 11
declarations of insurability have been duly filed and approved by the chief 12
medical examiner of the society;. 13
(D) ten Ten subordinate lodges or branches have been established 14
into which the 500 applicants have been admitted;. 15
(E) there There has been submitted to the Commissioner under oath 16
or affirmation of the president or secretary, or corresponding officer of the 17
society, a list of the applicants, giving their names, addresses, date each was 18
admitted, name and number of the subordinate branch of which each applicant 19
is a member, amount of benefits to be granted, and premiums therefor; and. 20 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
(F) it It has been shown to the Commissioner, by sworn or affirmed 1
statement of the treasurer, or corresponding officer of the society, that at least 2
500 applicants have each paid in cash at least one regular monthly premium as 3
provided in this section, which premiums in the aggregate shall amount to at 4
least $2,500.00, all of which have been credited to the fund or funds from 5
which benefits are to be paid and no part of which may be used for expenses. 6
The advance premiums shall be held in trust during the period of organization, 7
and if the society has not qualified for a certificate of authority within one year, 8
as provided in this section, the premiums shall be returned to the applicants. 9
Sec. 64. 8 V.S.A. § 4468 is amended to read: 10
§ 4468. CONSOLIDATIONS AND MERGERS 11
(a) A domestic society may consolidate or merge with any other society by 12
complying with the provisions of this section. 13
(b) It The domestic society shall file with the Commissioner of Financial 14
Regulation: 15
(1) a certified copy of the written contract containing in full the terms 16
and conditions of the consolidation or merger; 17
(2) a sworn or affirmed statement by the president and secretary or 18
corresponding officers of each society showing the financial condition thereof 19
of their respective society on a date fixed by the Commissioner of Financial 20 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
Regulation but not earlier than December 31, next preceding the date of the 1
contract; 2
(3) a certificate of the officers, duly verified by their respective oaths or 3
affirmations, that the consolidation or merger has been approved by a two-4
thirds vote of the supreme legislative or governing body of each society; and 5
* * * 6
Sec. 65. 8 V.S.A. § 4485(a) is amended to read: 7
(a) No foreign or alien society may transact business in this State without a 8
license issued by the Commissioner of Financial Regulation. Any such society 9
may be licensed to transact business in this State upon filing with the 10
Commissioner of Financial Regulation: 11
* * * 12
(4) a statement of its business under oath or affirmation of its president 13
and secretary or corresponding officers in a form prescribed by the 14
Commissioner of Financial Regulation, duly verified by an examination made 15
by the supervising insurance official of its home state or other state, territory, 16
province, or country, satisfactory to the Secretary of State of this State; 17
* * * 18
Sec. 66. 8 V.S.A. § 4495 is amended to read: 19
§ 4495. EXAMINATION OF DOMESTIC SOCIETIES 20 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
The Commissioner of Financial Regulation, or any person he or she the 1
Commissioner may appoint, shall have the power of visitation and examination 2
into the affairs of any domestic society, and he or she the Commissioner or 3
designee shall make the examination at least once in every three years. He or 4
she The Commissioner may employ assistants for the purpose of the 5
examination, and he or she the Commissioner, or any person he or she the 6
Commissioner may appoint, shall have free access to all books, papers, and 7
documents that relate to the business of the society. The minutes of the 8
proceedings of the supreme legislative or governing body and of the board of 9
directors or corresponding body of a society shall be in the English language. 10
In making an examination, the Commissioner of Financial Regulation may 11
summon and qualify as witnesses under oath or affirmation and examine its the 12
society’s officers, agents, and employees or other persons in relation to the 13
affairs, transactions, and condition of the society. A summary of the report of 14
the Commissioner of Financial Regulation and such recommendations or 15
statements of the Commissioner of Financial Regulation as may accompany 16
the report, shall be read at the first meeting of the board of directors or 17
corresponding body of the society following the receipt thereof and, if directed 18
so to do by the Commissioner of Financial Regulation, shall also be read at the 19
first meeting of the supreme legislative or governing body of the society 20
following the receipt thereof. A copy of the report, recommendations, and 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
statements of the Commissioner of Financial Regulation shall be furnished by 1
the society to each member of the board of directors or other governing body. 2
The expense of each examination and of each valuation, including 3
compensation and actual expense of examiners, shall be paid by the society 4
examined or whose certificates are valued, upon statements furnished by the 5
Commissioner of Financial Regulation. 6
Sec. 67. 8 V.S.A. § 4503(b) is amended to read: 7
(b) A person who willfully makes a false or fraudulent statement in any 8
verified report or declaration under oath or affirmation required or authorized 9
by this chapter, or of any material fact or thing contained in a sworn or 10
affirmed statement concerning the death or disability of a member for the 11
purpose of procuring payment of a benefit named in the certificate, shall be 12
guilty of perjury and shall be subject to the penalties for perjury prescribed by 13
law. 14
Sec. 68. 8 V.S.A. § 4516 is amended to read: 15
§ 4516. ANNUAL REPORT TO COMMISSIONER 16
Annually, on or before March 1, a hospital service corporation shall file 17
with the Commissioner of Financial Regulation a statement sworn to or 18
affirmed by the president and treasurer of the corporation showing its condition 19
on December 31. The statement shall be in such form and contain such matters 20
as the Commissioner shall prescribe. To qualify for the tax exemption set forth 21 BILL AS INTRODUCED H.28
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in section 4518 of this title, the statement shall include a certification that the 1
hospital service corporation operates on a nonprofit basis for the purpose of 2
providing an adequate hospital service plan to individuals of the State, both 3
groups and nongroups, without discrimination based on age, gender, 4
geographic area, industry, and medical history, except as allowed by 5
subdivisions 4080g(b)(7)(B)(ii) and 4080g(c)(8)(B)(ii) of this title and by 33 6
V.S.A. § 1811(f)(2)(B). 7
Sec. 69. 8 V.S.A. § 4588 is amended to read: 8
§ 4588. ANNUAL REPORT TO COMMISSIONER 9
Annually, on or before March 1, a medical service corporation shall file 10
with the Commissioner of Financial Regulation a statement sworn to or 11
affirmed by the president and treasurer of the corporation showing its condition 12
on December 31, which shall be in such form and contain such matters as the 13
Commissioner shall prescribe. To qualify for the tax exemption set forth in 14
section 4590 of this title, the statement shall include a certification that the 15
medical service corporation operates on a nonprofit basis for the purpose of 16
providing an adequate medical service plan to individuals of the State, both 17
groups and nongroups, without discrimination based on age, gender, 18
geographic area, industry, and medical history, except as allowed by 19
subdivisions 4080g(b)(7)(B)(ii) and 4080g(c)(8)(B)(ii) of this title and by 20
33 V.S.A. § 1811(f)(2)(B). 21 BILL AS INTRODUCED H.28
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Sec. 70. 8 V.S.A. § 5105(b) is amended to read: 1
(b) All financial and market conduct examinations shall be conducted 2
pursuant to and in conformity with sections 3573, 3574, 3575, and 3576 of this 3
title at the expense of the health maintenance organization and shall be 4
conducted in accordance with guidelines, principles, manuals, instructions, and 5
other procedures promulgated by the National Association of Insurance 6
Commissioners, including the use of statutory accounting principles for 7
financial examinations, together with any useful or necessary modifications or 8
adaptation thereof required or approved by the Commissioner. Every health 9
maintenance organization shall provide the Commissioner with all books and 10
records relating to its operation, including books and records of any affiliate or 11
subsidiary as defined in section 3681 of this title. For the purpose of 12
examinations, the Commissioner may issue subpoenas to, administer oaths and 13
affirmations to, and examine any person and the officers and agents of the 14
health maintenance organization. 15
Sec. 71. 8 V.S.A. § 6004(d) is amended to read: 16
(d) Within 30 days after commencing business, each captive insurance 17
company shall file with the Commissioner a statement under oath or 18
affirmation of its president and secretary certifying that the captive insurance 19
company possessed the requisite unimpaired paid-in capital and surplus prior 20
to commencing business. 21 BILL AS INTRODUCED H.28
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Sec. 72. 8 V.S.A. § 6007(b) is amended to read: 1
(b) Prior to March 1 of each year, and prior to March 15 of each year in the 2
case of pure captive insurance companies, association captive insurance 3
companies, sponsored captive insurance companies, industrial insured captive 4
insurance companies, or agency captive insurance companies, each captive 5
insurance company shall submit to the Commissioner a report of its financial 6
condition, verified by oath or affirmation of two of its executive officers. Each 7
captive insurance company shall report using generally accepted accounting 8
principles, statutory accounting principles, or international financial reporting 9
standards unless the Commissioner requires, approves, or accepts the use of 10
any other comprehensive basis of accounting, in each case with any 11
appropriate or necessary modifications or adaptations thereof required or 12
approved or accepted by the Commissioner for the type of insurance and kinds 13
of insurers to be reported upon, and as supplemented by additional information 14
required by the Commissioner. As used in this section, statutory accounting 15
principles shall mean the accounting principles codified in the NAIC 16
Accounting Practices and Procedures Manual. Upon application for 17
admission, a captive insurance company shall select, with explanation, an 18
accounting method for reporting. Any change in a captive insurance 19
company’s accounting method shall require prior approval. Except as 20
otherwise provided, each risk retention group shall file its report in the form 21 BILL AS INTRODUCED H.28
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required by subsection 3561(a) of this title, and each risk retention group shall 1
comply with the requirements set forth in section 3569 of this title. The 2
Commissioner shall by rule propose the forms in which pure captive insurance 3
companies, association captive insurance companies, sponsored captive 4
insurance companies, and industrial insured captive insurance companies shall 5
report. Subdivision 6002(c)(3) of this title shall apply to each report filed 6
pursuant to this section. 7
Sec. 73. 8 V.S.A. § 6024(c) is amended to read: 8
(c) A dormant captive insurance company that has been issued a certificate 9
of dormancy shall: 10
* * * 11
(2) prior to March 15 of each year, submit to the Commissioner a report 12
of its financial condition, verified by oath or affirmation of two of its executive 13
officers, in a form as may be prescribed by the Commissioner; and 14
* * * 15
Sec. 74. 8 V.S.A. § 6045 is amended to read: 16
§ 6045. BRANCH CAPTIVE REPORTS 17
Prior to March 15 of each year, or with the approval of the Commissioner 18
within 75 days after its fiscal year-end, a branch captive insurance company 19
shall file with the Commissioner a copy of all reports and statements required 20
to be filed under the laws of the jurisdiction in which the alien captive 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
insurance company is formed, verified by oath or affirmation of two of its 1
executive officers. If the Commissioner is satisfied that the annual report filed 2
by the alien captive insurance company in its domiciliary jurisdiction provides 3
adequate information concerning the financial condition of the alien captive 4
insurance company, the Commissioner may waive the requirement for 5
completion of the captive annual statement for business written in the alien 6
jurisdiction. 7
Sec. 75. 8 V.S.A. § 7051 is amended to read: 8
§ 7051. GROUNDS FOR REHABILITATION 9
The Commissioner may petition the Superior Court of Washington County 10
for an order authorizing him or her the Commissioner to rehabilitate a 11
domestic insurer or an alien insurer domiciled in this State on one or more of 12
the following grounds: 13
* * * 14
(5) A person who in fact has executive authority in the insurer, whether 15
an officer, manager, general agent, director or trustee, employee, or other 16
person, has refused to be examined under oath or affirmation by the 17
Commissioner concerning the insurer’s affairs, whether in this State or 18
elsewhere; and, after reasonable notice of the allegation, the insurer has failed 19
promptly and effectively to terminate the employment and status of the person 20
and all his or her the person’s influence on management. 21 BILL AS INTRODUCED H.28
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* * * 1
Sec. 76. 8 V.S.A. § 7060(a) is amended to read: 2
(a) The liquidator shall have the power to: 3
* * * 4
(5) Hold hearings, subpoena witnesses to compel their attendance, 5
administer oaths and affirmations, examine any person under oath or 6
affirmation, and compel any person to subscribe to testimony after it has been 7
correctly reduced to writing; and in connection with such proceedings, require 8
the production of any books, papers, records, or other documents that he or she 9
the liquidator deems relevant to the inquiry. 10
* * * 11
Sec. 77. 8 V.S.A. § 7075(c) is amended to read: 12
(c) At any time, the liquidator may request the claimant to present 13
information or evidence supplementary to that required under subsection (a) of 14
this section and may take testimony under oath or affirmation, require 15
production of affidavits or depositions, or otherwise obtain additional 16
information or evidence. 17
Sec. 78. 8 V.S.A. § 7112 is amended to read: 18
§ 7112. APPLICATION; FEE; PLAN 19
* * * 20
(b) A plan shall include the following: 21 BILL AS INTRODUCED H.28
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* * * 1
(5) Certificates issued by the domicile regulator of the transferring 2
insurer and, if applicable, of any controlling party that is a regulated insurance 3
company, in each case attesting to the good standing of the transferring insurer 4
and the controlling party under the insurance regulatory laws of the jurisdiction 5
of their respective domiciles; or, if any such certificate is not obtainable under 6
the laws or practices of a domicile regulator, a certificate of the transferring 7
insurer or the controlling party, as applicable, attesting to the foregoing, 8
verified by oath or affirmation of two of its executive officers. 9
(6) A letter of no objection, or the equivalent, from the domicile 10
regulator of the transferring insurer confirming that the regulator has no 11
objection to the transfer of the closed block under the plan; or, if any such 12
certificate is not obtainable under the laws or practices of a domicile regulator, 13
a certificate of the transferring insurer or the controlling party, as applicable, 14
attesting to the foregoing, verified by oath or affirmation of two of its 15
executive officers. 16
* * * 17
Sec. 79. 8 V.S.A. § 13103(e)(4) is amended to read: 18
(4) The temporary secretary shall make and attest a record of the 19
proceedings until the secretary has been chosen and sworn or affirmed, 20
including a record of such choice and qualification. 21 BILL AS INTRODUCED H.28
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Sec. 80. 8 V.S.A. § 14405 is amended to read: 1
§ 14405. POWERS AND DUTIES OF OFFICERS 2
In proceedings in the Probate Division of the Superior Court or elsewhere, 3
connected with authority exercised as executor, administrator, receiver, 4
assignee, trustee, or guardian, all accounts, returns, and other papers may be 5
signed and sworn to in or affirmed on behalf of such a financial institution 6
exercising trust powers by any officer thereof of the financial institution duly 7
authorized by it. The answers and examinations of that officer, under oath or 8
affirmation, shall be received as the answers and examinations of the financial 9
institution. The court may order and compel any and all officers of the 10
financial institution to answer and attend the examinations, in the same manner 11
as if they, personally, were parties to the proceeding or inquiry. Such a 12
financial institution shall not be required to receive or hold any property or 13
money or to execute any trust contrary to its own desire. 14
Sec. 81. 8 V.S.A. § 30501(a) is amended to read: 15
(a) The Commissioner shall require each credit union to submit a quarterly 16
report of its condition within 30 days of following the end of each calendar 17
quarter in such manner and on such forms as the Commissioner may require. 18
Reports shall be verified to be true, correct, and complete by the oath or 19
affirmation of the person preparing the report. 20 BILL AS INTRODUCED H.28
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Sec. 82. 8 V.S.A. § 31103(e)(3) is amended to read: 1
(3) The temporary secretary shall make and attest to a record of the 2
proceedings until the secretary has been chosen and sworn or affirmed, 3
including a record of such choice and qualification. 4
Sec. 83. 8 V.S.A. § 31309 is amended to read: 5
§ 31309. OATHS AND AFFIRMATIONS OF OFFICE; CERTIFICATE OF 6
ELECTION 7
(a) Within 10 days after election to any position, each person so elected or 8
appointed shall execute an oath or affirmation of office by which he or she the 9
person agrees to accept, and diligently and faithfully to carry out, the duties 10
and responsibilities of the position to which he or she the person has been 11
elected and not negligently or willfully to violate, or permit to be violated, any 12
provision of this title or the bylaws of the credit union. 13
(b) The chairperson of the governing body and the secretary shall execute a 14
certificate of election, which shall set forth the names and addresses of the 15
officers, directors, and committee members elected or appointed. 16
(c) The oath or affirmation of office and the certificate of election shall be 17
executed on forms prepared by the Department, and one copy of each shall be 18
filed with the Department within 15 days after the election or appointment. 19 BILL AS INTRODUCED H.28
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* * * Title 9 * * * 1
Sec. 84. 9 V.S.A. § 280 is amended to read: 2
§ 280. NOTARIZATION AND ACKNOWLEDGMENT 3
If a law requires a signature or record to be notarized, acknowledged, 4
verified, or made under oath or affirmation, the requirement is satisfied if the 5
electronic signature of the person authorized to perform those acts, together 6
with all other information required to be included by other applicable law, is 7
attached to or logically associated with the signature or record. 8
Sec. 85. 9 V.S.A. § 2156 is amended to read: 9
§ 2156. ASSIGNEE’S DUTIES 10
The assignee shall proceed with reasonable dispatch in the discharge of his 11
or her the assignee’s trust to the its completion of the same. When completed, 12
he or she the assignee shall file with the clerk of such the Superior Court for 13
the district in which the assignor resides a copy of the settlement of his or her 14
the assignee’s trust account showing in detail how he or she the assignee has 15
administered the trust, which account shall be verified by the oath or 16
affirmation of the assignee as a true and just account, and the same shall 17
remain on file in such office for the inspection of the creditors of the assignor. 18
Sec. 86. 9 V.S.A. § 2157 is amended to read: 19
§ 2157. APPLICATION TO SUPERIOR JUDGE FOR SETTLEMENT OF 20
ACCOUNT BY ASSIGNEE 21 BILL AS INTRODUCED H.28
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If, in the opinion of a creditor of the assignor named in the assignment, the 1
assignee neglects to settle his or her the assignee’s trust and file a copy of his 2
or her the assignee’s account with the county clerk of the Superior Court for 3
the district in which the assignor resides for an unreasonable length of time, 4
such creditor may apply to a Superior judge for an order upon the assignee to 5
settle the same and file with the clerk of such court a copy of his or her the 6
assignee’s trust account verified by oath or affirmation within such time as the 7
Superior judge deems proper. 8
Sec. 87. 9 V.S.A. § 2435(b) is amended to read: 9
(b) Notice of breach. 10
* * * 11
(3) A data collector or other entity subject to this subchapter shall 12
provide notice of a breach to the Attorney General or to the Department of 13
Financial Regulation, as applicable, as follows: 14
* * * 15
(B)(i) The data collector shall notify the Attorney General or the 16
Department, as applicable, of the date of the security breach and the date of 17
discovery of the breach and shall provide a preliminary description of the 18
breach within 14 business days, consistent with the legitimate needs of the law 19
enforcement agency as provided in this subdivision (3) and subdivision (4) of 20
this subsection (b), of the data collector’s discovery of the security breach or 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
when the data collector provides notice to consumers pursuant to this section, 1
whichever is sooner. 2
(ii) Notwithstanding subdivision (B)(i) of this subdivision (b)(3), a 3
data collector who, prior to the date of the breach, on a form and in a manner 4
prescribed by the Attorney General, had sworn or affirmed in writing to the 5
Attorney General that it maintains written policies and procedures to maintain 6
the security of personally identifiable information or login credentials and 7
respond to a breach in a manner consistent with Vermont law shall notify the 8
Attorney General of the date of the security breach and the date of discovery of 9
the breach and shall provide a description of the breach prior to providing 10
notice of the breach to consumers pursuant to subdivision (1) of this subsection 11
(b). 12
* * * 13
Sec. 88. 9 V.S.A. § 2460(a) is amended to read: 14
(a)(1) The Attorney General or a State’s Attorney, whenever he or she the 15
Attorney General or State’s Attorney has reason to believe any person to be or 16
to have been in violation of section 2453 of this title, or of any rule or 17
regulation made adopted pursuant to section 2453 of this title, may examine or 18
cause to be examined by any agent or representative designated by him or her 19
the Attorney General or State’s Attorney for that purpose, any books, records, 20
papers, memoranda, and physical objects of whatever nature bearing upon each 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
alleged violation, and may demand written responses under oath or affirmation 1
to questions bearing upon each alleged violation. 2
(2) The Attorney General or a State’s Attorney may require the 3
attendance of such person or of any other person having knowledge in the 4
premises in the county where the person resides or has a place of business, or 5
in Washington County if the person is a nonresident or has no place of 6
business, within the State,; may take testimony and require proof material for 7
his or her the person’s information,; and may administer oaths and affirmations 8
or take acknowledgment in respect of with respect to any book, record, paper, 9
or memorandum. 10
* * * 11
Sec. 89. 9 V.S.A. § 2518(d)(1) is amended to read: 12
(d)(1) Civil investigation. Whenever the Attorney General has reason to 13
believe any person to be or to have been in violation of section 2517 of this 14
title, the Attorney General may examine or cause to be examined by any agent 15
or representative designated by the Attorney General for that purpose, any 16
books, records, papers, memoranda, and physical objects of whatever nature 17
bearing upon each alleged violation, and may demand written responses under 18
oath or affirmation to questions bearing upon each alleged violation. The 19
Attorney General may require the attendance of such person or of any other 20
person having knowledge in the county where such person resides or has a 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
place of business, or in Washington County if such person is a nonresident or 1
has no place of business within the State, and; may take testimony and require 2
proof material for his or her the person’s information,; and may administer 3
oaths and affirmations or take acknowledgement in respect of with respect to 4
any book, record, paper, or memorandum. The Attorney General shall serve 5
notice of the time, place, and cause of such examination or attendance, or 6
notice of the cause of the demand for written responses, at least 10 days prior 7
to the date of such examination, personally or by certified mail, upon such 8
person at his or her the person’s principal place of business, or, if such place is 9
not known, to his or her the person’s last known address. Any book, record, 10
paper, memorandum, or other information produced by any person pursuant to 11
this subsection shall not, unless otherwise ordered by a court of this State for 12
good cause shown, be disclosed to any person other than the duly authorized 13
agent or representative of the Attorney General or a State’s Attorney or another 14
law enforcement officer engaged in legitimate law enforcement activities, 15
unless with the consent of the person producing the same. This subsection 16
shall not be applicable to any criminal investigation or prosecution brought 17
under the laws of this or any state. 18
Sec. 90. 9 V.S.A. § 2522 is amended to read: 19
§ 2522. REGISTRATION 20 BILL AS INTRODUCED H.28
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Every person who adopts and uses any trademark for the purpose of 1
designating, making known, and distinguishing any merchandise, goods, 2
wares, or other products of labor, manufactured, produced, compounded, sold, 3
or offered for sale in this State may, subject to the limitations hereafter set 4
forth in this chapter, file for record in the Office of the Secretary of State a 5
statement under oath or affirmation setting forth: 6
* * * 7
Sec. 91. 9 V.S.A. § 2575 is amended to read: 8
§ 2575. SEARCH WARRANT; JUDICIAL PROCEEDINGS 9
If a person or corporation that has complied with the provisions of section 10
2571 of this title, or the agent of such person or corporation, makes oath or 11
affirmation before a judge of a Criminal Division of the Superior Court that he 12
or she the person, corporation, or agent has reason to believe and does believe 13
that a person has unlawfully in his or her that person’s possession or is 14
secreting a receptacle marked as provided in section 2571 of this title, the 15
judge, if satisfied that there is a reasonable cause for the belief, shall issue a 16
search warrant to discover and obtain the same, and may cause to be brought 17
before him or her the judge a person in whose possession such receptacle is 18
found, and shall inquire into the circumstances of the possession. If the judge 19
finds that the person is guilty of a willful violation of a provision of sections 20
2572–2574 of this title, he or she the judge shall impose the penalty prescribed 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
therein in the applicable section or sections, and award to the owner the 1
possession of the property taken upon the search warrant. 2
Sec. 92. 9 V.S.A. § 3044 is amended to read: 3
§ 3044. EXEMPTIONS 4
The following foods shall not be subject to the labeling requirements of 5
section 3043 of this title: 6
* * * 7
(2) A raw agricultural commodity or processed food derived from it that 8
has been grown, raised, or produced without the knowing or intentional use of 9
food or seed produced with genetic engineering. Food will be deemed to be as 10
described in this subdivision only if the person otherwise responsible for 11
complying with the requirements of subsection 3043(a) of this title with 12
respect to a raw agricultural commodity or processed food obtains, from 13
whomever sold the raw agricultural commodity or processed food to that 14
person, a sworn or affirmed statement that the raw agricultural commodity or 15
processed food has not been knowingly or intentionally produced with genetic 16
engineering and has been segregated from and has not been knowingly or 17
intentionally commingled with food that may have been produced with genetic 18
engineering at any time. In providing such a sworn or affirmed statement, any 19
person may rely on a sworn or affirmed statement from his or her the person’s 20 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
own supplier that contains the affirmation declaration set forth in this 1
subdivision. 2
* * * 3
Sec. 93. 9 V.S.A. § 3045(b) is amended to read: 4
(b) A retailer shall not be held liable for failure to label a raw agricultural 5
commodity as required by section 3043 of this title, provided that the retailer, 6
within 30 days of any proposed enforcement action or notice of violation, 7
obtains a sworn or affirmed statement in accordance with subdivision 3044(2) 8
of this title. 9
Sec. 94. 9 V.S.A. § 3346 is amended to read: 10
§ 3346. OATH OR AFFIRMATION, DUTIES, AND LIABILITIES OF 11
INSPECTOR 12
Before entering upon the duties of his or her the office, an inspector shall be 13
sworn or shall make an affirmation, and when called upon by a vendor, 14
purchaser, or by any officer mentioned in section 3348 of this title, to test such 15
oils, shall do so with reasonable dispatch by applying the fire test as indicated 16
and determined by Tagliabue’s pyrometer, or some instrument equally 17
accurate. 18 BILL AS INTRODUCED H.28
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* * * Title 9A * * * 1
Sec. 95. 9A V.S.A. § 3—505(b) is amended to read: 2
(b) A protest is a certificate of dishonor made by a United States consul or 3
vice consul, or a notary public or other person authorized to administer oaths 4
or affirmations, or both, by the law of the place where dishonor occurs. It may 5
be made upon information satisfactory to that person. The protest must 6
identify the instrument and certify either that presentment has been made or, if 7
not made, the reason why it was not made, and that the instrument has been 8
dishonored by nonacceptance or nonpayment. The protest may also certify 9
that notice of dishonor has been given to some or all parties. 10
Sec. 96. 9A V.S.A. § 9—607(b) is amended to read: 11
(b) If necessary to enable a secured party to exercise subdivision (a)(3) of 12
this section, the right of a debtor to enforce a mortgage nonjudicially, the 13
secured party may record in the office in which a record of the mortgage is 14
recorded: 15
* * * 16
(2) the secured party’s sworn or affirmed affidavit in recordable form 17
stating that: 18
* * * 19 BILL AS INTRODUCED H.28
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* * * Title 10 * * * 1
Sec. 97. 10 V.S.A. § 611(h) is amended to read: 2
(h) Before entering into his or her any duties, each commissioner of the 3
Agency shall take and subscribe an oath or affirmation to perform the duties of 4
his or her the office faithfully, impartially, and justly to the best of his or her 5
the individual’s ability. A record of the oath or affirmation shall be filed in the 6
Office of the Secretary of State. 7
Sec. 98. 10 V.S.A. § 2625(f) is amended to read: 8
(f) Appeals. If the exemption is denied or if authorization to proceed is 9
denied, the landowner shall have 30 days in which to file an appeal with the 10
Commissioner. 11
(1) Upon the filing of an appeal, the Commissioner may appoint a 12
review team of natural resources professionals to visit the site, gather 13
information about the proposed heavy cut, and make recommendations to the 14
Commissioner. The Commissioner may also appoint a hearing officer to take 15
sworn or affirmed statements of the landowner, the review team, and other 16
witnesses called by the landowner or the hearing officer, and make 17
recommendations to the Commissioner. 18
* * * 19
Sec. 99. 10 V.S.A. § 4191 is amended to read: 20
§ 4191. GAME WARDENS, NUMBER, RECORD 21 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
(a) The Commissioner, with the approval of the Governor, may employ a 1
chief game warden and as many State game wardens as may be required for 2
the proper enforcement of the fish and wildlife laws of the State. These 3
officers shall be included in the classified service created in 3 V.S.A. chapter 4
13. These officers and deputy game wardens employed as herein provided in 5
this subchapter shall be sworn or shall affirm to the faithful performance of 6
their duties. The Commissioner may appoint and employ for a limited time as 7
many deputy game wardens as deemed necessary. The number of game 8
wardens shall be determined by the Commissioner with the approval of the 9
Governor. A copy of the appointment and oath or affirmation of office of each 10
game warden and deputy shall be filed in the office of the Commissioner. 11
* * * 12
Sec. 100. 10 V.S.A. § 4270 is amended to read: 13
§ 4270. FUR BUYER’S RECORDS 14
Licensed dealers shall keep such records as the Commissioner may require. 15
Such These records shall be open to inspection by the Commissioner or his or 16
her the Commissioner’s agents, and such a dealer shall, within 30 days after 17
the expiration of his or her the dealer’s license and upon request of the 18
Commissioner, file with the Commissioner a sworn or affirmed statement of 19
such record or such part thereof any record or portion of a record as the 20
Commissioner may require. 21 BILL AS INTRODUCED H.28
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Sec. 101. 10 V.S.A. § 4454(d) is amended to read: 1
(d)(1) Prior to suspending a Vermont hunting, fishing, or trapping license 2
of a resident of this State under subsection (a) of this section, the 3
Commissioner shall notify the person in writing. A suspension shall be 4
deemed effective: 5
* * * 6
(3) At the hearing, the Commissioner or a hearing officer designated by 7
the Commissioner may: 8
(A) administer oaths and affirmations; 9
* * * 10
Sec. 102. 10 V.S.A. § 4508 is amended to read: 11
§ 4508. SALE OF FORFEITED EQUIPMENT 12
Upon seizure of such firearm, jack, light, vehicle, or device without a 13
warrant, a game warden or other officer shall forthwith make complaint, under 14
oath or affirmation, subscribed by him or her a game warden or officer, to a 15
court or magistrate having jurisdiction of offenses hereunder under this title in 16
whose jurisdiction the same was item or items were seized. In the event, under 17
proceedings provided in sections 4503–4507 of this title, such that the device is 18
ordered forfeited and is a device not illegal in itself, such firearm, jack, light, 19
motor, or other vehicle or device, upon written order of such the court, shall be 20 BILL AS INTRODUCED H.28
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VT LEG #378120 v.1
sold by the Commissioner at public auction for the benefit of the State by the 1
Commissioner. 2
Sec. 103. 10 V.S.A. § 6027 is amended to read: 3
§ 6027. POWERS 4
(a) The Board and District Commissions shall have supervisory authority in 5
environmental matters respecting projects within their jurisdiction and shall 6
apply their independent judgment in determining facts and interpreting law. 7
Each shall have the power, with respect to any matter within its jurisdiction, to: 8
(1) administer oaths and affirmations, take depositions, subpoena and 9
compel the attendance of witnesses, and require the production of evidence; 10
* * * 11
* * * Purpose; Interpretation * * * 12
Sec. 104. PURPOSE; INTERPRETATION 13
The purpose of this act is to expressly include the option of an affirmation 14
in each instance in which an oath or swearing is authorized or required 15
throughout Titles 1–10 of the Vermont Statutes Annotated (V.S.A.), except in 16
interstate compacts or as otherwise limited by law. The act also makes other 17
minor, technical amendments to the language of the affected statutes for 18
readability and consistency with V.S.A. style. It is the intent of the General 19
Assembly that the technical amendments in this act shall not supersede 20
substantive changes contained in other bills enacted by the General Assembly 21 BILL AS INTRODUCED H.28
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during the current biennium. Where possible, the technical amendments in this 1
act shall be interpreted to be supplemental to other amendments to the same 2
sections of statute; to the extent the provisions conflict, the substantive changes 3
in other acts shall take precedence over the technical changes in this act. 4
* * * Effective Date * * * 5
Sec. 105. EFFECTIVE DATE 6
This act shall take effect on July 1, 2025. 7