Vermont 2025-2026 Regular Session

Vermont Senate Bill S0151 Compare Versions

Only one version of the bill is available at this time.

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1	1	BILL AS INTRODUCED S.151
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6	6	S.151 1
7	7	Introduced by Senator Clarkson 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Court procedure; special motion to strike; action arising from 5
11	11	volunteer work for nonprofit organization or governmental entity 6
12	12	Statement of purpose of bill as introduced: This bill proposes to permit a 7
13	13	defendant to file a special motion to strike in an action arising from the 8
14	14	defendant’s work as an unpaid volunteer for a nonprofit organization or a 9
15	15	governmental entity. 10
16	16	An act relating to special motions to strike in an action arising from unpaid 11
17	17	volunteer work for a nonprofit organization or governmental entity 12
18	18	It is hereby enacted by the General Assembly of the State of Vermont: 13
19	19	Sec. 1. APPLICATION AND CONSTRUCTION 14
20	20	In applying and construing this act, consideration shall be given to the 15
21	21	following: 16
22	22	(1) There has been a disturbing increase in meritless lawsuits having the 17
23	23	effect of discouraging the efforts of volunteers who dedicate their time and 18
24	24	energy to advancing the missions of Vermont’s nonprofit organizations and 19
25	25	Vermont governmental entities. 20 BILL AS INTRODUCED S.151
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30	30	(2) The willingness of volunteers to offer their services to Vermont’s 1
31	31	nonprofit organizations and Vermont governmental entities is deterred by the 2
32	32	potential for meritless liability actions against them. As a result: 3
33	33	(A) Vermont’s nonprofit organizations and Vermont governmental 4
34	34	entities have been adversely affected by the withdrawal of volunteers from 5
35	35	boards of directors and service in other capacities; and 6
36	36	(B) the contribution of these organizations and entities to their 7
37	37	communities has been diminished, resulting in fewer and higher cost programs 8
38	38	than would be obtainable if volunteers were participating. 9
39	39	(3) It is in the public interest to encourage continued volunteer efforts 10
40	40	for Vermont’s nonprofit organizations and Vermont governmental entities, and 11
41	41	such efforts should not be chilled through abuse of the judicial process. 12
42	42	Sec. 2. 12 V.S.A. § 1041a is added to read: 13
43	43	§ 1041a. UNCOMPENSATED VOLUNTEER WORK FOR NONPROFIT 14
44	44	ORGANIZATION OR GOVERNMENT AL ENTITY; SPECIAL 15
45	45	MOTION TO STRIKE 16
46	46	(a) A defendant in an action arising from the defendant’s uncompensated 17
47	47	volunteer work for a nonprofit organization or governmental entity may file a 18
48	48	special motion to strike under this section. 19
49	49	(b) A special motion to strike under this section shall be filed with the court 20
50	50	and served on all parties not more than 60 days after the filing of the 21 BILL AS INTRODUCED S.151
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55	55	complaint. A party may file a response to the motion not more than 15 days 1
56	56	after the motion is served on the party. The court may extend the time limits of 2
57	57	this subsection for good cause shown. 3
58	58	(c)(1) The filing of a special motion to strike under this section shall stay 4
59	59	all discovery proceedings in the action. Except as provided in subdivision (2) 5
60	60	of this subsection, the stay of discovery shall remain in effect until the court 6
61	61	rules on the special motion to strike. 7
62	62	(2) The court, on motion and for good cause shown, may order that 8
63	63	limited discovery be conducted for the purpose of assisting its decision on the 9
64	64	special motion to strike. 10
65	65	(d) The court shall hold a hearing on a special motion to strike not more 11
66	66	than 30 days after service of the motion unless good cause exists for an 12
67	67	extension. 13
68	68	(e)(1) The court shall grant the special motion to strike, unless the plaintiff 14
69	69	shows that: 15
70	70	(A)(i) the defendant was acting outside the scope of the defendant’s 16
71	71	responsibilities as a volunteer for the nonprofit organization or governmental 17
72	72	entity at the time of the act or omission; or 18
73	73	(ii) the alleged harm was caused by the defendant’s recklessness, 19
74	74	gross negligence, or intentional misconduct; and 20
75	75	(B) the defendant’s acts caused actual injury to the plaintiff. 21 BILL AS INTRODUCED S.151
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80	80	(2) In making its determination, the court shall consider the pleadings 1
81	81	and supporting and opposing affidavits stating the facts upon which the 2
82	82	liability or defense is based. 3
83	83	(f)(1) If the court grants the special motion to strike, the court shall award 4
84	84	costs and reasonable attorney’s fees to the defendant. If the court denies the 5
85	85	special motion to strike and finds the motion is frivolous or is intended solely 6
86	86	to cause unnecessary delay, the court shall award costs and reasonable 7
87	87	attorney’s fees to the plaintiff. 8
88	88	(2) Neither the court’s ruling on the special motion to strike nor the fact 9
89	89	that it made such a ruling shall be admissible in evidence at any later stage of 10
90	90	the case, and no burden of proof or degree of proof otherwise applicable shall 11
91	91	be affected by the ruling. 12
92	92	(g) An order granting or denying a special motion to strike shall be 13
93	93	appealable in the same manner as an interlocutory order under Rule 5 of the 14
94	94	Vermont Rules of Appellate Procedure. 15
95	95	(h) This section shall not apply to: 16
96	96	(1) any enforcement action or criminal proceeding brought by the State 17
97	97	of Vermont or any political subdivision thereof; or 18
98	98	(2) a case involving tortious interference with legally protected health 19
99	99	care as provided in section 7302 of this title. 20
100	100	(i) As used in this section: 21 BILL AS INTRODUCED S.151
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105	105	(1) “Governmental entity” means any agency, board, department, 1
106	106	commission, committee, branch, instrumentality, or authority of the State or 2
107	107	any agency, board, committee, department, branch, instrumentality, 3
108	108	commission, or authority of any political subdivision of the State. 4
109	109	(2) “Nonprofit organization” means a nonprofit organization qualified as 5
110	110	tax-exempt under Section 501(c) of the Internal Revenue Code of 1986, as 6
111	111	from time to time amended, or classified as a public benefit corporation under 7
112	112	11B V.S.A. § 17.05. 8
113	113	(3) “Uncompensated volunteer work” means acts or omissions by a 9
114	114	person performing services, including services as a director, officer, trustee, or 10
115	115	direct service volunteer, for a nonprofit organization or a governmental entity 11
116	116	if the person does not receive: 12
117	117	(A) compensation other than reasonable reimbursement or allowance 13
118	118	for expenses actually incurred; or 14
119	119	(B) any other thing of value in lieu of compensation, in excess of 15
120	120	$500.00 per year. 16
121	121	Sec. 3. REPORT 17
122	122	On or before July 1, 2026, the Court Administrator shall report to the Senate 18
123	123	and House Committees on Judiciary on the frequency and outcomes of special 19
124	124	motions to strike made pursuant to this act. 20 BILL AS INTRODUCED S.151
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129	129	Sec. 4. EFFECTIVE DATE 1
130	130	This act shall take effect on passage. 2