Act No. 103 (H.503). Legislature; public safety; traffic control officer; capitol police; constables; Vermont criminal justice training council; legislative parking

An act relating to the certification of capitol police and constables and to legislative traffic control and parking

This act eliminates the ability of the sergeant at arms to employ a traffic control officer, which is a position that has not been filled for at least a decade. Pursuant to 2 V.S.A. § 70(c), which is unchanged by this act, the control of traffic around the capitol complex is under the direction of the commissioner of buildings and general services.

This act also requires capitol police to be certified as law enforcement officers by the Vermont criminal justice training council (the "VCJTC"). Prior to the effective date of this act, the sergeant at arms had the ability to prescribe qualification and certification standards for capitol police who were not already certified by the VCJTC, and to appoint the traffic control officer or any other employees of the sergeant at arms as capitol police officers.

Moreover, the act in Sec. 5 addresses a change to the VCJTC's minimum training standards requirements set forth in 20 V.S.A. § 2358. 2008 Acts and Resolves No. 195, Sec. 8 struck the second sentence of 20 V.S.A. § 2358(d) which reads, "Any requirements in this section shall be optional for any elected official." This amendment has an effective date of July 1, 2012 pursuant to 2008 Acts and Resolves No. 195, Sec. 13, as amended by 2010 Acts and Resolves No. 108, Sec. 11. As it applies to constables, the amendment would require any elected constable who is not prohibited by his or her town from exercising law enforcement authority pursuant to 24 V.S.A. § 1936a to complete by July 1, 2012 the VCJTC's basic training course that is required for certification by the VCJTC in order for those constables to continue to exercise law enforcement authority. Sec. 5 of this act, however, exempts from this requirement any constable who, as of May 1, 2012, has commenced a VCJTC basic training course in order to be certified and who is not prohibited by his or her town from exercising law enforcement authority, and authorizes him or her to complete the course by and continue to exercise that authority until July 1, 2013. Thereafter, such a constable, as other law enforcement officers regulated by the VCJTC, would need to be certified in order to exercise law enforcement authority.

Correspondingly, Sec. 6 of this act requires the VCJTC to supply to the constables meeting the criteria of Sec. 5 of the act the field training necessary for those constables to be certified by the VCJTC by July 1, 2013, or alternatively, to provide those constables with an alternative source that will provide the constables that training. Furthermore, by January 15, 2014, the VCJTC is required to report to the house and senate committees on judiciary and on government operations the sources from which these constables received this field training.

Finally, Sec. 7 of this act requires the sergeant at arms, the commissioner of building and general services, and the operations manager of the legislative council to conduct a study regarding the availability of parking spaces for members of the general assembly around the capitol complex. The results of the study and a proposed plan that may be implemented by the beginning of the next legislative biennium is due by November 15, 2012.

Effective Date: July 1, 2012