1 | 1 | | BILL AS INTRODUCED H.145 |
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2 | 2 | | 2025 Page 1 of 4 |
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4 | 4 | | |
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5 | 5 | | VT LEG #379149 v.2 |
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6 | 6 | | H.145 1 |
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7 | 7 | | Introduced by Representative Harrison of Chittenden 2 |
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8 | 8 | | Referred to Committee on 3 |
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9 | 9 | | Date: 4 |
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10 | 10 | | Subject: General provisions; common law; general rights; Open Meeting Law; 5 |
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11 | 11 | | right to attend meetings of public agencies; disruption of meetings 6 |
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12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to expressly 7 |
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13 | 13 | | authorize the chairs of public bodies to adopt rules governing public comment 8 |
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14 | 14 | | and the disruption of a meeting by a member of the public. This bill also 9 |
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15 | 15 | | proposes to allow public bodies to remove an individual from a meeting when 10 |
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16 | 16 | | the individual engages in conduct that violates the rules governing public 11 |
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17 | 17 | | comment and the disruption of meetings. This bill further proposes to amend 12 |
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18 | 18 | | the statute governing disorderly conduct to add substantial impairment of the 13 |
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19 | 19 | | effective conduct of a meeting as a basis for a disorderly conduct violation. 14 |
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20 | 20 | | An act relating to the disruption of proceedings governed by Vermont’s 15 |
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21 | 21 | | Open Meeting Law 16 |
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22 | 22 | | It is hereby enacted by the General Assembly of the State of Vermont: 17 |
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23 | 23 | | Sec. 1. LEGISLATIVE INTENT 18 |
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24 | 24 | | It is the intent of the General Assembly that the meetings of public bodies 19 |
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25 | 25 | | balance the speech rights of Vermont’s citizens, the freedom and right to 20 BILL AS INTRODUCED H.145 |
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26 | 26 | | 2025 Page 2 of 4 |
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28 | 28 | | |
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29 | 29 | | VT LEG #379149 v.2 |
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30 | 30 | | assemble, and the necessity for the effective and efficient conduct of 1 |
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31 | 31 | | governmental business. Members of the public should be able to attend 2 |
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32 | 32 | | meetings and engage in the free interchange of ideas, but should not be 3 |
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33 | 33 | | permitted to obstruct the continuation of a meeting without regard to the 4 |
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34 | 34 | | explicit rules governing the meeting’s conduct. The obstructive conduct of one 5 |
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35 | 35 | | member of the public should not be permitted to eliminate the interests of other 6 |
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36 | 36 | | members of the public to peacefully assemble at an open meeting. Public 7 |
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37 | 37 | | bodies should understand that an adverse audience is part of the democratic 8 |
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38 | 38 | | process and should not attempt to enforce arbitrary rules of order or attempt to 9 |
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39 | 39 | | remove members of the public who do not cause the substantial disruption of a 10 |
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40 | 40 | | meeting. Accordingly, it is the intent of the General Assembly that all public 11 |
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41 | 41 | | bodies have the authority to adopt appropriate rules governing the conduct and 12 |
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42 | 42 | | participation of the public at a meeting subject to Vermont’s Open Meeting 13 |
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43 | 43 | | Law. Further, it is the intent of the General Assembly that an individual’s 14 |
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44 | 44 | | actions be subject to Vermont’s disorderly conduct statute when the actions 15 |
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45 | 45 | | interfere with a meeting of a public body so that the meeting prematurely 16 |
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46 | 46 | | terminates or consist of numerous and sustained efforts to disrupt the meeting 17 |
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47 | 47 | | after the public body has requested that the individual desist. 18 |
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48 | 48 | | Sec. 2. 1 V.S.A. § 312 is amended to read: 19 |
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49 | 49 | | § 312. RIGHT TO ATTEND MEETINGS OF PUBLIC AGENCIES 20 |
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50 | 50 | | * * * 21 BILL AS INTRODUCED H.145 |
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51 | 51 | | 2025 Page 3 of 4 |
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53 | 53 | | |
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54 | 54 | | VT LEG #379149 v.2 |
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55 | 55 | | (h) At an open meeting, the public shall be given a reasonable opportunity 1 |
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56 | 56 | | to express its opinion on matters considered by the public body during the 2 |
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57 | 57 | | meeting, as long as provided order is maintained. This subsection shall not 3 |
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58 | 58 | | apply to quasi-judicial proceedings. 4 |
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59 | 59 | | (1) Public comment shall be subject to reasonable rules established by 5 |
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60 | 60 | | the chairperson. This subsection shall not apply to quasi-judicial proceedings. 6 |
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61 | 61 | | The public body may adopt rules governing the conduct and participation of 7 |
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62 | 62 | | the public, which may include rules that prohibit the disruption of a meeting. 8 |
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63 | 63 | | (2) An individual may be required to leave or removed from a meeting 9 |
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64 | 64 | | for engaging in conduct that violates the rules governing the conduct and 10 |
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65 | 65 | | participation of the public. An individual who is required to leave or removed 11 |
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66 | 66 | | from a meeting may be prohibited from attending in-person meetings of a 12 |
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67 | 67 | | public body for not more than 60 days, provided that the public body conducts 13 |
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68 | 68 | | its meetings in a hybrid or electronic fashion and the individual is permitted to 14 |
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69 | 69 | | attend and participate in the meetings electronically. 15 |
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70 | 70 | | * * * 16 |
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71 | 71 | | Sec. 3. 13 V.S.A. § 1026 is amended to read: 17 |
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72 | 72 | | § 1026. DISORDERLY CONDUCT 18 |
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73 | 73 | | (a) A person is guilty of disorderly conduct if he or she the person, with 19 |
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74 | 74 | | intent to cause public inconvenience or annoyance, or recklessly creates a risk 20 |
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75 | 75 | | thereof: 21 BILL AS INTRODUCED H.145 |
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76 | 76 | | 2025 Page 4 of 4 |
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78 | 78 | | |
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79 | 79 | | VT LEG #379149 v.2 |
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80 | 80 | | * * * 1 |
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81 | 81 | | (4) without lawful authority, disturbs any lawful assembly or meeting of 2 |
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82 | 82 | | persons; or 3 |
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83 | 83 | | (5) obstructs vehicular or pedestrian traffic; or 4 |
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84 | 84 | | (6) substantially impairs the effective conduct of a meeting of a public 5 |
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85 | 85 | | body. 6 |
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86 | 86 | | * * * 7 |
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87 | 87 | | Sec. 4. EFFECTIVE DATE 8 |
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88 | 88 | | This act shall take effect on July 1, 2025. 9 |
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