The Vermont Statutes Online

Title 1: General Provisions

Chapter 003: Construction of Statutes

• Subchapter 001: GENERALLY

• § 101. Application of chapter

  In the construction of statutes, the rules set out in this chapter shall be observed, unless such construction is inconsistent with the manifest intent of the General Assembly or repugnant to the context of the same statute.

• Subchapter 002: DEFINITION OF TERMS

• § 111. Annual meeting

  “Annual meeting” when applied to towns shall mean the annual town meeting in March or an adjournment thereof.

• § 112. Biennial; biennially

  “Biennial” or “biennially” shall mean the year in which a regular session of the General Assembly is held.

• § 113. County; town

  “County” or “town” may mean the county or town in which the subject matter referred to is situate, belongs or is cognizable.

• § 114. Domestic and foreign corporations

  “Domestic” when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; “foreign,” when so applied, shall mean organized under the laws of another state, government, or country.

• § 115. Fees

  “Fees” shall mean earnings due for official services, aside from salaries or per diem compensation.

• § 116. Folio

  “Folio” shall mean 100 words.

• § 117. General election; local election

  “General election” shall mean any election of State and county officers, Representatives to the General Assembly, U.S. Senators, Representative to Congress, or electors. “Local election” shall mean any election of town or village officers in towns or villages having more than 4,000 inhabitants.

• § 118. Grantor; grantee

  “Grantor” may include every person by or from whom an estate or interest in land is passed in or by a deed. “Grantee” may include every person to whom such estate or interest passes.

• § 119. Highway; road

  “Highway” or “road” shall include bridges thereon and their approaches.

• § 120. Repealed. 2015, No. 97 (Adj. Sess.), § 87(1).

• § 121. Issue

  “Issue” as applied to the descent of estates shall include the lawful lineal descendants of the ancestor.

• § 122. Justice

  “Justice” when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 1, eff. April 9, 1974.)

• § 123. Magistrate

  “Magistrate” shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. (Amended 1969, No. 207 (Adj. Sess.), § 1, eff. March 24, 1970; 1973, No. 249 (Adj. Sess.), § 2, eff. April 9, 1974.)

• § 124. Month; year

  “Month” shall mean a calendar month and “year” shall mean a calendar year and be equivalent to the expression “year of our Lord.”

• § 125. Repealed. 1967, No. 194, § 22, eff. March 1, 1968.

• § 126. Municipality

  “Municipality” shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units.

• § 127. Oath; sworn

  “Oath” shall include affirmation where by law an affirmation may be substituted. In like cases, “sworn” shall include affirmed.

• § 128. Person

  “Person” shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. (Amended 1969, No. 207 (Adj. Sess.), § 2, eff. March 24, 1970.)

• § 129. Personal estate

  “Personal estate” shall include all property other than real estate.

• § 130. Population; inhabitants

  “Population” or “inhabitants” shall mean the population of the political division referred to, as ascertained by the national census last completed before the time when such population is a material fact.

• § 131. Preceding; following; such; said

  “Preceding” and “following” when used by way of reference to a section of the law shall mean the next preceding or following section. “Such” and “said” when used by way of reference to a person or thing shall apply to the same person or thing last mentioned.

• § 132. Land; lands; real estate

  “Land,” “lands,” and “real estate” shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate.

• § 133. Seal—Official

  When a seal of a court, public officer, or corporation is required to be affixed to a paper, “seal” shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto.

• § 134. Private

  When the private seal of a person or corporation is required on an instrument or writing to make such instrument or writing legal and valid, such seal shall consist of an impression as provided in section 133 of this title or of a wafer, wax, or other adhesive substance affixed thereto or of a paper or other similar substance affixed thereto or the word “seal” or the letters “L.S.” opposite the signature.

• § 134a. Registered mail

  “Registered mail,” as the words appear in Vermont Statutes Annotated, the Vermont Rules of Civil Procedure and the Vermont Rules of Criminal Procedure, when used solely for the purpose of securing evidence of delivery, shall include any method of mail delivery requiring the signature of the addressee or his or her agent. (Added 1979, No. 154 (Adj. Sess.), § 1, eff. Apr. 24, 1980.)

• § 135. School officers

  “School officers” shall include all persons, other than teachers, who have to do with matters pertaining to public schools. The board of school directors of a town school district or the governing board of an incorporated school district shall constitute the legislative branch of such district.

• § 136. State

  “State” when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. (Amended 1959, No. 262, § 11, eff. June 11, 1959.)

• § 137. Sworn

  “Sworn” when applied to public officers required by the constitution to take certain oaths shall refer to those oaths; when applied to other officers, it shall mean sworn to the faithful discharge of the duties of their offices before a person authorized to administer oaths.

• § 138. Time, how computed

  When time is to be reckoned from a day, date, or an act done, such day, date, or day when such act is done shall not be included in the computation, unless otherwise provided.

• § 139. Town; town officers

  “Town” shall include city and wards or precincts therein; “selectboard members” and “board of civil authority” shall extend to and include the mayor and aldermen of cities; “trustees” shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. This section shall be so construed as not to conflict with the acts of incorporation of or laws specially applicable to such municipal corporations. (Amended 2013, No. 161 (Adj. Sess.), § 72.)

• § 140. Village

  “Village” shall mean an incorporated village.

• § 141. Will

  “Will” shall include codicils.

• § 142. Written; in writing

  “Written” or “in writing” may include printing or other mode of representing words and letters, except where the written signature of a person is required.

• § 143. Sexual orientation

  The term “sexual orientation” means female or male homosexuality, heterosexuality, or bisexuality. “Sexual orientation” shall not be construed to protect conduct otherwise proscribed by law. (Added 1991, No. 135 (Adj. Sess.), § 1.)

• § 144. Gender identity

  The term “gender identity” means an individual’s actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual’s gender or gender-identity, regardless of the individual’s assigned sex at birth. (Added 2007, No. 41, § 1.)

• § 145. Include, includes, and including

  The terms “include,” “includes,” and “including” mean that the language following the term is illustrative and not exhaustive, and shall have the same meaning as though the term were followed by the words “but not limited to.” (Added 2013, No. 5, § 1, eff. April 23, 2013.)

• § 146. Intellectual disability

  “Intellectual disability” or “person with an intellectual disability” shall mean an individual who has significantly subaverage intellectual functioning existing concurrently with deficits in adaptive behavior. “Intellectual disability” replaces what was previously known as “mental retardation.” (Added 2013, No. 96 (Adj. Sess.), § 2b.)

• § 147. Psychiatric disability

  “Psychiatric disability” means an impairment of thought, mood, perception, orientation, or memory that limits one or more major life activities but does not include intellectual disability. (Added 2013, No. 96 (Adj. Sess.), § 2c.)

• § 148. Developmental disability

  “Developmental disability” or “person with developmental disabilities” shall have the same meaning as in 18 V.S.A. § 9302. (Added 2013, No. 96 (Adj. Sess.), § 2d.)

• § 149. Semiweekly

  Unless a statute provides a more specific definition, “semiweekly” means twice per week. (Added 2015, No. 57, § 34, eff. June 11, 2015.)

• § 150. Legally protected health care activity

  (a) “Gender-affirming health care services” means all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature, including medication, relating to the treatment of gender dysphoria and gender incongruence. “Gender-affirming health care services” does not include conversion therapy as defined by 18 V.S.A. § 8351.

  (b)(1) “Legally protected health care activity” means:

  (A) the exercise and enjoyment, or attempted exercise and enjoyment, by any person of rights to reproductive health care services or gender-affirming health care services secured by this State;

  (B) any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive health care services or gender-affirming health care services secured by this State, provided that the provision of such a health care service by a person duly licensed under the laws of this State and physically present in this State shall be legally protected if the service is permitted under the laws of this State, regardless of the patient’s location; or

  (C) the provision, issuance, or use of, or enrollment in, insurance or other health coverage for reproductive health care services or gender-affirming health care services that are legal in this State, or any act to aid or encourage, or attempt to aid or encourage, any person in the provision, issuance, or use of, or enrollment in, insurance or other health coverage for those services, regardless of the location of the insured or individual seeking insurance or health coverage, if the insurance or health coverage is permitted under the laws of this State.

  (2) Except as provided in subdivision (3) of this subsection, the protections applicable to “legally protected health care activity” shall not apply to a lawsuit; judgment; or civil, criminal, or administrative action that is based on conduct for which an action would exist under the laws of this State if the course of conduct that forms the basis for liability had occurred entirely in this State.

  (3) Notwithstanding subdivision (2) of this subsection, the provision of a health care service by a person duly licensed under the laws of this State and physically present in this State shall be legally protected if the service is permitted under the laws of this State, regardless of the patient’s location or whether the health care provider is licensed in the state where the patient is located at the time the service is rendered.

  (c)(1) “Reproductive health care services” means all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature, including medication, relating to pregnancy, contraception, assisted reproduction, pregnancy loss management, or the termination of a pregnancy.

  (2) “Reproductive health care services” includes medication that was approved by the U.S. Food and Drug Administration (FDA) for termination of a pregnancy as of January 1, 2023, regardless of the medication’s current FDA approval status:

  (A) when such medication is procured, ordered, stored, distributed, prescribed, dispensed, or administered, or a combination thereof, by a person duly licensed under the laws of this State, as long as the licensee’s actions conform to the essential standards of acceptable and prevailing practice for the licensee’s profession; or

  (B) when such medication is used by an individual. (Added 2023, No. 14, §1 and No. 15, § 1, both eff. May 10, 2023.)

• Subchapter 003: RULES OF CONSTRUCTION

• § 171. Court; officer; board

  When a court, officer, or board is named by official title, such designation shall apply to the court, officer, or board of the county, town, or place within and for which they are qualified to act.

• § 172. Joint authority

  When joint authority is given to three or more, the concurrence of a majority of such number shall be sufficient and shall be required in its exercise.

• § 173. Minors

  Persons of the age of 18 years shall be considered of age and until they attain that age, shall be minors. Whenever referred to in the laws of this State, a person who is an adult or who has attained majority shall be a resident or nonresident person of 18 years of age or more. (Amended 1971, No. 90, § 1; 1971, No. 184 (Adj. Sess.), § 1, eff. March 29, 1972.)

• § 174. Notice by publication

  When a notice is required to be given by publication in a newspaper, it shall mean a newspaper published in the county where the subject matter is situated, pending or to be heard, or a newspaper published within the State which has a general circulation. In any case, in its discretion, the court may cause such notice to be further published in a newspaper which circulates in the neighborhood of the persons interested. Whenever a notice of any kind is required to be given by publication in a newspaper prior to a certain date for a certain number of weeks successively, it may be given by an insertion prior to such date once a week, for the number of successive weeks required, either in a daily, semiweekly, or weekly newspaper. If such publication is in a daily or semiweekly newspaper, such notice shall be inserted on the same day of each successive week.

• § 175. Number; gender

  Words importing the singular number may extend and be applied to more than one person or thing; words importing the plural number may be applied as if singular and words importing the masculine may extend and be applied to persons of the feminine gender.

• § 176. Title; chapter; section

  The words “title,” “chapter,” and “section” when used by way of reference shall mean a title, chapter, or section of Vermont Statutes Annotated.

• § 177. Domicile

  Marital status shall not be the sole or determinative factor of a person’s domicile. (Added 1979, No. 139 (Adj. Sess.), § 1, eff. Apr. 23, 1980.)

• Subchapter 004: EFFECT OF STATUTES

• § 211. Official acts and resolutions

  The acts and resolutions printed or reproduced under 29 V.S.A. § 1115 shall be taken to be the laws and resolutions of the session of the General Assembly at which they were passed, unless the original act and legislative records show otherwise, in which case the original act and legislative records pertaining thereto shall control. (Amended 1969, No. 90, § 1.)

• § 212. Effective date of laws

  Laws enacted by the General Assembly shall take effect on July 1 next following the date of their passage, unless it is otherwise specifically provided. (Amended 1961, No. 228, § 1, eff. July 21, 1961; 1969, No. 207 (Adj. Sess.), § 3, eff. Jan. 1, 1971.)

• § 213. Pending suits unaffected

  No act of the General Assembly shall affect a suit begun or pending at the time of its passage, except acts regulating practice in court, relating to the competency of witnesses, or relating to amendments of process or pleadings. (Amended 2015, No. 97 (Adj. Sess.), § 1.)

• § 214. Effect of amendment or repeal

  (a) The amendment or repeal of an act or of a provision of the Vermont Statutes Annotated shall not revive an act or statutory provision which has been repealed.

  (b) The amendment or repeal of an act or statutory provision, except as provided in subsection (c) of this section, shall not:

  (1) affect the operation of the act or provision prior to the effective date of the amendment or repeal thereof;

  (2) affect any right, privilege, obligation, or liability acquired, accrued, or incurred prior to the effective date of the amendment or repeal;

  (3) affect any violation of the act or provision amended or repealed, or any penalty or forfeiture incurred thereunder, prior to the effective date of the amendment or repeal;

  (4) affect any suit, remedy, or proceeding to enforce or give effect to any right, privilege, obligation, or liability acquired, incurred, or accrued under the amended or repealed provision prior to the effective date of the amendment or repeal; and the suit, remedy, or proceeding may be instituted, prosecuted, or continued as if the act or provision had not been repealed or amended.

  (c) If the penalty or punishment for any offense is reduced by the amendment of an act or statutory provision, the same shall be imposed in accordance with the act or provision as amended unless imposed prior to the date of the amendment. (Amended 1969, No. 207 (Adj. Sess.), § 4, eff. March 24, 1970.)

• § 215. Severability of provisions

  The provisions of any act are severable. If any provision of an act is invalid, or if any application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application. (Added 1969, No. 16, § 12, eff. March 11, 1969.)