| 1 | 1 | | BILL AS INTRODUCED H.393 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #380144 v.4 |
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| 6 | 6 | | H.393 1 |
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| 7 | 7 | | Introduced by Representatives Burtt of Cabot, Bosch of Clarendon, Coffin of 2 |
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| 8 | 8 | | Cavendish, Dobrovich of Williamstown, Morgan, L. of Milton, 3 |
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| 9 | 9 | | Nelson of Derby, North of Ferrisburgh, Powers of Waterford, 4 |
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| 10 | 10 | | and Tagliavia of Corinth 5 |
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| 11 | 11 | | Referred to Committee on 6 |
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| 12 | 12 | | Date: 7 |
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| 13 | 13 | | Subject: Education; public schools; independent schools; postsecondary 8 |
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| 14 | 14 | | schools; approved education programs; masks; face coverings; private 9 |
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| 15 | 15 | | right of action 10 |
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| 16 | 16 | | Statement of purpose of bill as introduced: This bill proposes to prohibit 11 |
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| 17 | 17 | | public schools, independent schools, postsecondary schools, tutorial programs, 12 |
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| 18 | 18 | | and approved education programs from requiring or mandating any student, 13 |
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| 19 | 19 | | employee, or member of the public to wear a face mask to prevent or minimize 14 |
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| 20 | 20 | | the spread of any pathogen. It proposes to creates a private right of action for 15 |
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| 21 | 21 | | damage, loss, or injury as a result of any conduct prohibited by this bill. This 16 |
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| 22 | 22 | | bill also proposes to require any direction the Governor may give to State or 17 |
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| 23 | 23 | | local boards of health during an emergency to comply with the prohibition on 18 |
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| 24 | 24 | | requiring or mandating masks in schools. 19 |
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| 25 | 25 | | An act relating to the prohibition of requiring face masks in schools 20 BILL AS INTRODUCED H.393 |
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| 26 | 26 | | 2025 Page 2 of 3 |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #380144 v.4 |
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| 30 | 30 | | It is hereby enacted by the General Assembly of the State of Vermont: 1 |
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| 31 | 31 | | Sec. 1. 16 V.S.A. § 1390 is added to read: 2 |
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| 32 | 32 | | § 1390. PROHIBITION ON REQUIRING FACE MASKS 3 |
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| 33 | 33 | | (a) No public school, independent school, postsecondary school, tutorial 4 |
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| 34 | 34 | | program, or approved education program may require or mandate any student, 5 |
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| 35 | 35 | | employee, or member of the public to wear a face mask or covering with the 6 |
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| 36 | 36 | | intent to prevent or minimize the spread of any pathogen as a condition for in-7 |
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| 37 | 37 | | person attendance. 8 |
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| 38 | 38 | | (b) A person who has been injured by a violation of this section may bring 9 |
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| 39 | 39 | | an action in the Civil Division of the Superior Court for damages, injunctive 10 |
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| 40 | 40 | | relief, punitive damages in the case of an intentional violation, and reasonable 11 |
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| 41 | 41 | | costs and attorney’s fees. 12 |
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| 42 | 42 | | Sec. 2. 20 V.S.A. § 9 is amended to read: 13 |
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| 43 | 43 | | § 9. EMERGENCY POWERS OF GOVERNOR 14 |
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| 44 | 44 | | Subject to the provisions of this chapter, in the event of an all-hazards event 15 |
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| 45 | 45 | | in or directed upon the United States or Canada that causes or may cause 16 |
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| 46 | 46 | | substantial damage or injury to persons or property within the State in any 17 |
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| 47 | 47 | | manner, the Governor may declare a state of emergency within the entire State 18 |
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| 48 | 48 | | or any portion or portions of the State. Thereafter, the Governor shall have and 19 |
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| 49 | 49 | | may exercise for as long as the Governor determines the emergency to exist the 20 |
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| 50 | 50 | | following additional powers within such area or areas: 21 BILL AS INTRODUCED H.393 |
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| 51 | 51 | | 2025 Page 3 of 3 |
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| 52 | 52 | | |
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| 53 | 53 | | |
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| 54 | 54 | | VT LEG #380144 v.4 |
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| 55 | 55 | | * * * 1 |
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| 56 | 56 | | (4) To employ such measures and give such directions to the State or 2 |
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| 57 | 57 | | local boards of health as may be reasonably necessary for the purpose of 3 |
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| 58 | 58 | | securing compliance with the provisions of this chapter; provided, however, 4 |
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| 59 | 59 | | any such measures or directions shall comply with 16 V.S.A. § 1390. 5 |
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| 60 | 60 | | * * * 6 |
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| 61 | 61 | | Sec. 3. EFFECTIVE DATE 7 |
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| 62 | 62 | | This act shall take effect on July 1, 2025. 8 |
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