§ 3201. Definitions
As used in this subchapter:
(1) “Animal” has the same meaning as in 13 V.S.A. § 351, provided that the animals or activities regulated under this chapter shall not apply
to:
(A) activities regulated by the Department of Fish and Wildlife pursuant to 10 V.S.A.
Part 4;
(B) scientific research governed by accepted procedural standards subject to review by
an institutional animal care and use committee;
(C) livestock and poultry husbandry practices for the raising, management, and use of
domestic animals;
(D) veterinary medical or surgical procedures; and
(E) the killing of an animal as authorized pursuant to sections 3809 and 3545 of this title.
(2) “Director” means the Director of Animal Welfare and includes the Director’s designee.
(3) “Division” means the Division of Animal Welfare.
(4) “Domestic animal” has the same meaning as in 6 V.S.A. § 1151(2). (Added 2023, No. 167 (Adj. Sess.), § 1, eff. January 1, 2025.)
§ 3202. Establishment of Division of Animal Welfare; powers and duties
(a)(1) The Division of Animal Welfare is established within the Department of Public Safety.
The Commissioner of Public Safety shall appoint a Director of Animal Welfare who shall
be in immediate charge of the Division. The Director shall be qualified by education
and professional experience to perform the duties of the position. The Director shall
have at least the following minimum qualifications:
(A) experience in interpreting or knowledge of animal welfare laws and rules;
(B) knowledge of animal welfare stakeholders in the State and regionally; and
(C) knowledge of the causes and characteristics of animal welfare and animal cruelty issues.
(2) The Director position shall be a classified service position in the Department of
Public Safety.
(b)(1) The Director shall develop a comprehensive plan for the development, implementation,
and enforcement of the animal welfare laws of the State. In developing the comprehensive
plan, the Director shall first review the 2023 Report on Unification of Animal Welfare
and Related Public Safety Function and similar reports and proposed legislation. The
plan shall include:
(A) how the Director shall oversee investigation and response to animal cruelty complaints
in the State in order to provide the best services to Vermont’s animals statewide;
(B) how the Director shall coordinate administration and enforcement of animal welfare
laws in the State in a collaborative manner with those law enforcement officers and
municipalities that retain authority to enforce animal cruelty requirements in the
State;
(C) how the State should address the extent and scope of any deficiencies in Vermont’s
system of investigating and responding to animal cruelty complaints;
(D) how the State should ensure that investigations of animal cruelty complaints are conducted
according to systematic and documented written standard operating procedures and checklists;
(E) a proposal to house and care for animals seized in response to complaints of animal
cruelty, including how to pay for the care of seized animals;
(F) a proposal for funding animal welfare administration and enforcement in the State,
including potential sources of public and private funding; and
(G) recommended amendments to animal welfare statutes or rules, including standards of
care for animals housed or imported by animal shelters or rescue organizations.
(2) The Director of Animal Welfare shall submit the comprehensive plan required by this
subsection and any revisions thereto to the House Committee on Government Operations
and Military Affairs and the Senate Committee on Government Operations not later than
eight months after the date of hiring of the Director.
(c) The Director of Animal Welfare shall consult with other State agencies that respond
to animal welfare complaints or with animal welfare responsibilities to estimate the
number and type of animal welfare complaints received by State agencies and to quantify
the amount of time State agency staff expend in fulfilling animal welfare responsibilities,
including the costs to agencies of fulfilling the responsibilities.
(d) The Director of Animal Welfare shall be the sole employee of the Division of Animal
Welfare until the comprehensive plan required under subdivision (b)(2) of this section
is completed and the General Assembly enacts legislation, as needed, to implement
the comprehensive plan. (Added 2023, No. 167 (Adj. Sess.), § 1, eff. January 1, 2025.)
§ 3203. Animal Welfare Fund
(a) The Animal Welfare Fund is established within the Department of Public Safety to fund
the expenses incurred by the Division of Animal Welfare in implementing the requirements
of this chapter. The Director of Animal Welfare shall administer the Fund.
(b) The Fund shall consist of:
(1) 67 percent of the revenue collected from the surcharge assessed under subsection 3581(f) of this title; and
(2) appropriations made by the General Assembly.
(c) All balances in the Fund at the end of the fiscal year shall be carried forward. Interest
earned by the Fund shall remain in the Fund. (Added 2023, No. 167 (Adj. Sess.), § 1, eff. January 1, 2025.)