Act No. 155 (S.106). Municipal government; internal financial controls; search and rescue operations; emergency medical services

An act relating to miscellaneous changes to municipal government law, to internal financial controls, to the management of search and rescue operations, and to emergency medical services

This act makes various changes to municipal government laws, including changes to penalties that may be assessed for certain municipal violations; to requirements for the publication a municipality must make for proposed ordinances; to requirements for filing survey plats; and to municipal planning and development. It also, in Sec. 4, repeals provisions related to town obligations regarding damages by dogs, and in Sec. 11 repeals provisions related to town obligations for poor relief. The act in Sec. 8a allows the town of Plainfield to have its polling place, annual and special meetings, and with permission, other public meetings at Twinfield Union School in Marshfield for the next three years. Sec. 12 repeals two statutes related to glebe lands, one of which was held to be unconstitutional. Secs. 19 and 20 refine the structure for hearing tax appeals in the unorganized towns and gores, and Sec. 21 allows a unified town or gore to claim reimbursement for grievance hearing expenditures made under a previous tax appeal hearing structure.

Secs. 23-29 are in regard to internal financial controls. These sections require the auditor of accounts to make available to counties, municipalities, and supervisory unions a document designed to determine the internal financial controls in place to assure proper use of public funds, and further require municipalities, supervisory unions, and supervisory districts to make use of this document. The act also requires the auditor of accounts to make education regarding fiduciary duties available to county, municipality, and school district officials, and to post certain information regarding embezzlements and false claims made against the state on his or her website.

Secs. 30 and 31 cover search and rescue operations. Sec. 30 establishes an interim protocol for the management of search and rescue operations that must be followed until further legislative action. This section sets required standards for the interim protocol, including the immediate response to every search and rescue call for help. It also sets up an incident command system, whereby either the search and rescue team of the department of public safety or, under specific circumstances, a municipal police department or sheriff under contract with a municipality, would be required to assume lead responsibility of any search and rescue operation conducted in a municipality. However, no matter what entity assumes lead responsibility within a municipality, the interim protocol must be implemented in search and rescue operations and it requires of the department of public safety that all resources capable of assisting in a search and rescue operation be assessed; that the resources be organized into a database; and that these resources be utilized as appropriate during any search and rescue operation. This section also requires that by July 1, 2014, the department of public safety's search and rescue team and all Vermont game wardens obtain high-level search and rescue operations training and training on the incident command system. Sec. 32 sets up a search and rescue strategic plan development committee that will recommend how search and rescue operations should be conducted on a permanent basis. A report with findings, recommendations, and any draft legislation to implement the recommendations is due to the general assembly by December 15, 2012.

Finally, Secs. 32-44 are in regard to emergency medical services ("EMS"). These provisions make various changes to EMS statutes within Titles 18 and 24, including requiring the licensing-instead of the certification-of EMS personnel, and requiring the agency with which personnel are affiliated to credential those personnel. The act also sets up an EMS special fund and an EMS advisory committee. Moreover, within Title 21, regarding labor, the act amends within chapter 9, regarding employer liability and workers' compensation, the definition of "public employment" as it relates to volunteer firefighters and rescue and ambulance squads, private volunteer fire departments, and private volunteer rescue or ambulance squads so that public employment is no longer defined as "in the line of duty" after either the vote of a municipality or election by the organization, and instead is defined as "in any capacity under the direction and control" of those organizations.

Effective Date: Multiple effective dates, beginning May 16, 2012

Also see: Conservation and Land Development; Act No. 117 (H.577); An act relating to public water systems

Also see: Conservation and Land Development; Act No. 118 (S.179); An act relating to amending perpetual conservation easements

Also see: Judiciary; Act No. 144 (S.116); An act relating to probate proceedings, powers of attorney, and county budget reserve funds

Also see: Legislature; Act No. 103 (H.503); An act relating to the certification of capitol police and constables and to legislative traffic control and parking

Also see: Public Service; Act No. 170 (S.214); An act relating to the Vermont Energy Act of 2012

Also see: Taxation and Fees; Act No. 67 (H.461); An act relating to the reimbursement of statewide education property taxes that were abated due to flood damage

Also see: Taxation and Fees; Act No. 72 (H.505); An act relating to allowing the treasurer to defer the December 1, 2011 education payments to help towns affected by federal disasters in 2011 in Vermont

Also see: Taxation and Fees; Act No. 143 (H.782); An act relating to miscellaneous tax changes for 2012