1 | 1 | | BILL AS INTRODUCED H.349 |
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2 | 2 | | 2025 Page 1 of 8 |
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5 | 5 | | VT LEG #380950 v.2 |
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6 | 6 | | H.349 1 |
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7 | 7 | | Introduced by Representative Howard of Rutland City 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: State employees; Judiciary; State buildings; security 5 |
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11 | 11 | | Statement of purpose of bill as introduced: This bill proposes to establish the 6 |
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12 | 12 | | Vermont State Building Security Board; transfer responsibility for security in 7 |
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13 | 13 | | all State facilities except the State House to the Vermont State Building 8 |
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14 | 14 | | Security Board; and establish the Buildings and Courthouses Police 9 |
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15 | 15 | | Department. 10 |
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16 | 16 | | An act relating to the creation of the Vermont State Building Security Board 11 |
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17 | 17 | | It is hereby enacted by the General Assembly of the State of Vermont: 12 |
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18 | 18 | | Sec. 1. 29 V.S.A. § 171 is amended to read: 13 |
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19 | 19 | | § 171. RESPONSIBILITY FOR SECURITY 14 |
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20 | 20 | | (a) The Commissioner of Buildings and General Services Vermont State 15 |
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21 | 21 | | Building Security Board shall be responsible for ensuring the security of all 16 |
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22 | 22 | | State facilities, regardless of funding source for construction or renovation, the 17 |
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23 | 23 | | lands upon which those facilities are located, and the occupants of those 18 |
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24 | 24 | | facilities and places, and State-owned or State-leased buildings that house a 19 |
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25 | 25 | | court plus one or more other functions, in those buildings that function 20 BILL AS INTRODUCED H.349 |
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29 | 29 | | VT LEG #380950 v.2 |
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30 | 30 | | exclusively as courthouses, and the space occupied by the Supreme Court, 1 |
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31 | 31 | | except that:, 2 |
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32 | 32 | | (1) in those State-owned or State-leased buildings that house a court plus 3 |
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33 | 33 | | one or more other functions, security for the space occupied by the court shall 4 |
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34 | 34 | | be under the jurisdiction of the Supreme Court and security elsewhere shall be 5 |
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35 | 35 | | under the jurisdiction of the Commissioner of Buildings and General Services; 6 |
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36 | 36 | | (2) in those buildings which function exclusively as courthouses, security 7 |
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37 | 37 | | shall be under the jurisdiction of the Supreme Court; 8 |
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38 | 38 | | (3) the space occupied by the Supreme Court shall be under the 9 |
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39 | 39 | | jurisdiction of the Supreme Court; and 10 |
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40 | 40 | | (4) in the State House, security shall be under the jurisdiction of the 11 |
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41 | 41 | | Sergeant at Arms. 12 |
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42 | 42 | | (b) The Commissioner of Buildings and General Services Vermont State 13 |
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43 | 43 | | Building Security Board shall develop a security plan for each facility, except 14 |
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44 | 44 | | for those under the jurisdiction of the Supreme Court and of the Sergeant at 15 |
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45 | 45 | | Arms State House, and shall regularly update these plans as necessary and be 16 |
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46 | 46 | | responsible for coordinating responses to all security needs. The Supreme 17 |
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47 | 47 | | Court and the Sergeant at Arms shall, in cooperation with the Commissioner of 18 |
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48 | 48 | | Buildings and General Services Vermont State Building Security Board, 19 |
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49 | 49 | | prepare and update such plans for the facilities under their respective 20 |
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50 | 50 | | jurisdictions the Sergeant at Arms’ jurisdiction. 21 BILL AS INTRODUCED H.349 |
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53 | 53 | | |
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54 | 54 | | VT LEG #380950 v.2 |
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55 | 55 | | (c) The Commissioner of Buildings and General Services Vermont State 1 |
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56 | 56 | | Building Security Board may delegate the responsibility for security at 2 |
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57 | 57 | | specified facilities. 3 |
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58 | 58 | | (d) All security improvements to State facilities shall be under the direction 4 |
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59 | 59 | | of the Commissioner of Buildings and General Services Vermont State 5 |
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60 | 60 | | Building Security Board, who which shall set statewide standards for policies, 6 |
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61 | 61 | | materials, and equipment, including voice and data reception and transmission 7 |
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62 | 62 | | upgrades and installations. 8 |
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63 | 63 | | (e) Under this section, the Commissioner of Buildings and General 9 |
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64 | 64 | | Services Vermont State Building Security Board is responsible for the 10 |
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65 | 65 | | protection of State facilities, the lands upon which the facilities are situated, 11 |
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66 | 66 | | and the occupants of those facilities, which is vital to sustaining the essential 12 |
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67 | 67 | | services of government in an emergency. The Commissioner Board shall 13 |
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68 | 68 | | develop plans for continuity of government and continuity of operations as an 14 |
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69 | 69 | | addendum to the State emergency operations plan maintained by the 15 |
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70 | 70 | | Department of Public Safety, Division of Emergency Management and 16 |
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71 | 71 | | referenced in 20 V.S.A. § 8(b)(2). 17 |
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72 | 72 | | (f) The Commissioner of Buildings and General Services, Vermont State 18 |
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73 | 73 | | Building Security Board and the Sergeant at Arms, and the Court 19 |
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74 | 74 | | Administrator shall execute a memorandum of understanding to coordinate the 20 |
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75 | 75 | | provision of security plans and law enforcement services within the Capitol 21 BILL AS INTRODUCED H.349 |
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78 | 78 | | |
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79 | 79 | | VT LEG #380950 v.2 |
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80 | 80 | | Complex. The memorandum of understanding shall incorporate any existing 1 |
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81 | 81 | | agreements related to the provision of law enforcement services or security in 2 |
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82 | 82 | | the Capitol Complex. As used in this section, “Capitol Complex” has the same 3 |
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83 | 83 | | meaning as used in section 182 of this title. 4 |
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84 | 84 | | Sec. 2. 29 V.S.A. § 173 is added to read: 5 |
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85 | 85 | | § 173. VERMONT STATE BUILDING SECURITY BOARD 6 |
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86 | 86 | | (a) The Vermont State Building Security Board is established to oversee 7 |
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87 | 87 | | the safety and security of worksites for Vermont State employees and the 8 |
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88 | 88 | | employees of the Judiciary. 9 |
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89 | 89 | | (b)(1) The Board shall consist of the following seven members: 10 |
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90 | 90 | | (A) two members, appointed by the Governor; 11 |
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91 | 91 | | (B) the Vermont State Court Administrator or designee; 12 |
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92 | 92 | | (C) one member, appointed by the Attorney General; and 13 |
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93 | 93 | | (D) three members, appointed by the President of the Vermont State 14 |
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94 | 94 | | Employees’ Association. 15 |
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95 | 95 | | (2) The Board shall annually, from among its membership, elect a 16 |
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96 | 96 | | member to serve as Board chair and a member to serve as Board vice chair. 17 |
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97 | 97 | | (3) The members of the Board shall serve terms of six years and may 18 |
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98 | 98 | | serve not more than two consecutive terms. All appointments shall be made 19 |
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99 | 99 | | between January 1 and February 1 of each odd-numbered year, except to fill a 20 |
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100 | 100 | | vacancy. Members shall serve until their successors are appointed. 21 BILL AS INTRODUCED H.349 |
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103 | 103 | | |
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104 | 104 | | VT LEG #380950 v.2 |
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105 | 105 | | (4) Membership on the Board does not constitute the holding of an 1 |
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106 | 106 | | office for any purpose, and members of the Board shall not be required to take 2 |
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107 | 107 | | and file oaths of office before serving on the Board. A member of the Board 3 |
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108 | 108 | | shall not be disqualified from holding any public office or employment and 4 |
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109 | 109 | | shall not forfeit any office or employment by reason of the member’s 5 |
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110 | 110 | | appointment to the Board, notwithstanding any statute, ordinance, or charter to 6 |
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111 | 111 | | the contrary. 7 |
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112 | 112 | | (c) The Board shall hold at least four regular meetings a year. Meetings of 8 |
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113 | 113 | | the Board may be held at any time or place within Vermont upon call of the 9 |
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114 | 114 | | Chair or a majority of the members, after reasonable notice to the other 10 |
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115 | 115 | | members, and shall be held at such times and places as in the judgment of the 11 |
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116 | 116 | | Board will best serve the convenience of all parties in interest. The Board shall 12 |
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117 | 117 | | adopt rules and procedures with respect to the conduct of its meetings and 13 |
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118 | 118 | | other affairs. 14 |
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119 | 119 | | (d) Members who are not State employees or not otherwise compensated in 15 |
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120 | 120 | | the course of their employment shall receive per diem compensation and 16 |
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121 | 121 | | expense reimbursement for meetings in accordance with the provisions of 17 |
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122 | 122 | | 32 V.S.A. § 1010. Members who receive per diem shall receive compensation 18 |
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123 | 123 | | for not more than 12 meetings per year. 19 |
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124 | 124 | | (e) The Board shall appoint the Director of Safety and Security who shall 20 |
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125 | 125 | | hold office at the pleasure of the Board. The Director shall: 21 BILL AS INTRODUCED H.349 |
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128 | 128 | | |
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129 | 129 | | VT LEG #380950 v.2 |
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130 | 130 | | (1) Develop and implement, annually, a comprehensive plan to ensure 1 |
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131 | 131 | | security for State and Vermont Judiciary employees. 2 |
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132 | 132 | | (2) Compile an annual report on the number and type of security 3 |
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133 | 133 | | incidents concerning State employees and the employees of the Vermont 4 |
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134 | 134 | | Judiciary. This report shall be provided annually to the House Committees on 5 |
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135 | 135 | | Corrections and Institutions and on Government Operations and Military 6 |
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136 | 136 | | Affairs and the Senate Committees on Government Operations and on 7 |
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137 | 137 | | Institutions. 8 |
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138 | 138 | | (3) Perform such duties as may be assigned by the Board. 9 |
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139 | 139 | | (f) The Director of Safety and Security is entitled to compensation, as 10 |
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140 | 140 | | established by law, and reimbursement for the expenses within the amounts 11 |
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141 | 141 | | available by appropriation. The Director of Safety and Security may, with the 12 |
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142 | 142 | | approval of the Board, hire employees to fulfill the duties outlined in 13 |
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143 | 143 | | subsection (e) of this section. These employees shall be classified State 14 |
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144 | 144 | | employees. 15 |
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145 | 145 | | (g) The Director of Safety and Security shall partner with the Department 16 |
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146 | 146 | | of Buildings and General Services, whose staff shall be responsible for the 17 |
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147 | 147 | | installation, maintenance, and replacement of physical plant alterations 18 |
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148 | 148 | | necessary for the implementation of the Director’s security plan. 19 BILL AS INTRODUCED H.349 |
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152 | 152 | | VT LEG #380950 v.2 |
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153 | 153 | | Sec. 3. 29 V.S.A. § 174 is added to read: 1 |
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154 | 154 | | § 174. BUILDINGS AND COURTHOUSES POLICE DEPARTMENT 2 |
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155 | 155 | | (a) Definitions. As used in this section: 3 |
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156 | 156 | | (1) “Courthouse” means a building or any portion of a building 4 |
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157 | 157 | | designated by the Supreme Court of Vermont as a courthouse. 5 |
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158 | 158 | | (2) “State building” means a building or any portion of a building 6 |
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159 | 159 | | designated by the Director of Safety and Security, in consultation with the 7 |
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160 | 160 | | Commissioner of Buildings and General Services, as a State building. 8 |
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161 | 161 | | (b) Creation. The Buildings and Courthouses Police Department is created 9 |
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162 | 162 | | within the Department of Public Safety. The Commissioner of Public Safety 10 |
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163 | 163 | | shall appoint and may remove, at the Commissioner’s pleasure, a Buildings 11 |
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164 | 164 | | and Courthouses Police Department officer to serve as Chief. The Chief shall 12 |
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165 | 165 | | be an exempt State employee and shall appoint individuals to serve as 13 |
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166 | 166 | | additional Buildings and Courthouses Police Department officers. All such 14 |
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167 | 167 | | positions shall be classified State employees. The Chief shall supervise the 15 |
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168 | 168 | | officer force. Such appointments and all oaths or affirmations shall be in 16 |
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169 | 169 | | writing and filed with the Commissioner of Public Safety. 17 |
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170 | 170 | | (c) Powers; training. 18 |
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171 | 171 | | (1) A Buildings and Courthouses Police Department officer shall have 19 |
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172 | 172 | | all the same powers and authority as sheriffs and other law enforcement 20 |
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173 | 173 | | officers anywhere in the State, which shall include the authority to arrest 21 BILL AS INTRODUCED H.349 |
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177 | 177 | | VT LEG #380950 v.2 |
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178 | 178 | | persons and enforce the civil and criminal laws, keep the peace, provide 1 |
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179 | 179 | | security, and serve civil and criminal process. For this purpose, a Buildings 2 |
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180 | 180 | | and Courthouses Police Department officer shall subscribe to the same oaths 3 |
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181 | 181 | | required for sheriffs. 4 |
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182 | 182 | | (2) Notwithstanding any other provision of law to the contrary, a 5 |
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183 | 183 | | Buildings and Courthouses Police Department officer shall be a Level II or 6 |
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184 | 184 | | Level III law enforcement officer certified by the Vermont Criminal Justice 7 |
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185 | 185 | | Training Council pursuant to the provisions of 20 V.S.A. chapter 151, except 8 |
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186 | 186 | | that the Chief of the Buildings and Courthouses Police Department shall be a 9 |
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187 | 187 | | Level III certified law enforcement officer. 10 |
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188 | 188 | | (d) Coordination of State building and courthouse security. The Buildings 11 |
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189 | 189 | | and Courthouses Police Department shall provide security and law 12 |
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190 | 190 | | enforcement services for State buildings and courthouses. 13 |
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191 | 191 | | Sec. 4. EFFECTIVE DATE 14 |
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192 | 192 | | This act shall take effect on July 1, 2025. 15 |
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