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1H.28
2 Introduced by Representatives Chapin of East Montpelier and LaLonde of
3South Burlington
4 Referred to Committee on
5 Date:
6 Subject: Legislature; Vermont Statutes Annotated; oaths and affirmations
7 Statement of purpose of bill as introduced: This bill proposes to expressly
8 include the option of an affirmation in all instances in which an oath is
9 required throughout Titles 1–10 of the Vermont Statutes Annotated.
10    An act relating to including an affirmation option in oath requirements in
11    Titles 1–10 of the Vermont Statutes Annotated
12 It is hereby enacted by the General Assembly of the State of Vermont:
13* * * Title 1 * * *
14 Sec. 1. 1 V.S.A. § 127 is amended to read:
15 § 127. OATH; SWORN
16    “Oath” shall include affirmation where by law an affirmation may be
17 substituted. In like in all cases, and “sworn” shall include affirmed.
18 Sec. 2. 1 V.S.A. § 137 is amended to read:
19 § 137. SWORN OR AFFIRMED
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1    “Sworn” or “affirmed” when applied to public officers required by the
2 constitution Constitution to take certain oaths or affirmations shall refer to
3 those oaths or affirmations; when applied to other officers, it shall mean sworn
4 or affirmed to the faithful discharge of the duties of their offices before a
5 person authorized to administer oaths and affirmations.
6* * * Title 2 * * *
7 Sec. 3. 2 V.S.A. § 3 is amended to read:
8 § 3. SENATE CERTIFICATES; OATHS AND AFFIRMATIONS;
9      SECRETARY; CANVASSING COMMITTEE
10    The members-elect of the Senate shall deliver their certificates of election
11 to the President of the Senate before 10 o’clock in the forenoon of the first
12 Wednesday next after the first Monday of January, following their election; at
13 which time, the Senate shall be called to order by its President and the names
14 of the Senators who have presented their certificates shall be called. When a
15 quorum appears, the members shall take and subscribe the oath or affirmation
16 of allegiance and the oath or affirmation prescribed for Representatives to the
17 General Assembly and shall then elect a Secretary, who shall appoint an
18 Assistant Secretary, for whose acts he or she the Secretary shall be responsible.
19 The Senate shall then appoint a committee, consisting of one Senator from
20 each district, to join such committee as the House of Representatives appoints,
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1 to canvass the votes for Governor, Lieutenant Governor, State Treasurer,
2 Secretary of State, Auditor of Accounts, and Attorney General.
3 Sec. 4. 2 V.S.A. § 70(b) is amended to read:
4    (b) Powers; training.
5(1) A Capitol Police officer shall have all the same powers and authority
6 as sheriffs and other law enforcement officers anywhere in the State, which
7 shall include the authority to arrest persons and enforce the civil and criminal
8 laws, keep the peace, provide security, and serve civil and criminal process.
9 For this purpose, a Capitol Police officer shall subscribe to the same oaths and
10 affirmations as are required for sheriffs.
11***
12 Sec. 5. 2 V.S.A. § 267a is amended to read:
13 § 267a. INVESTIGATIONS
14    The Attorney General shall investigate, on his or her the Attorney General’s
15 own initiative or in response to a complaint filed in writing with the Attorney
16 General, whether a violation of this chapter has occurred. The Attorney
17 General may administer oaths and affirmations, require filing of a statement
18 under oath or affirmation, take evidence, and require the production, by
19 subpoena or otherwise, of financial records, books, papers, correspondence,
20 and other documents and records the Attorney General considers to be relevant
21 and material to the investigation. The Attorney General shall make a
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1 determination of each complaint filed and, at the time of resolution of a
2 complaint which that is found to have merit, shall post on the website of the
3 Office of the Attorney General a brief summary of the complaint and
4 resolution.
5* * * Title 3 * * *
6 Sec. 6. 3 V.S.A. § 123(h) is amended to read:
7    (h) Notwithstanding any provision of Title 26 of the Vermont Statutes
8 Annotated to the contrary, the Office, on behalf of the Director or a board, may
9 use electronic mail to send notices and reminders that would otherwise be sent
10 by mail, except certified mail, and may use online services to elicit
11 information and sworn or affirmed attestations that would otherwise be
12 obtained on a paper form.
13 Sec. 7. 3 V.S.A. § 129 is amended to read:
14 § 129. POWERS OF BOARDS OR OF DIRECTOR IN ADVISOR
15PROFESSIONS; DISCIPLINE PROCESS
16    (a) In addition to any other provisions of law, a board or the Director, in
17 the case of professions that have advisor appointees, may exercise the
18 following powers:
19***
20(2) Issue subpoenas and administer oaths and affirmations in connection
21 with any authorized hearing, investigation, or disciplinary proceeding.
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1 Subpoenas may be issued ex parte by the chair of the board, the Director, or
2 any attorney representing a party. Depositions may be taken after charges
3 upon due notice to all parties without specific authorization by the board.
4***
5    (f)(1)(A) The Director may appoint a hearing officer, who shall be an
6 attorney admitted to practice in this State, to conduct a hearing that would
7 otherwise be heard by a board. A hearing officer appointed under this
8 subsection (f) may administer oaths and affirmations and exercise the powers
9 of the board properly incidental to the conduct of the hearing.
10***
11 Sec. 8. 3 V.S.A. § 151 is amended to read:
12 § 151. ELECTION AND TERM
13    An Attorney General shall be elected at the same time and in the same
14 manner as provided for the election of other State officers. He or she An
15 individual elected Attorney General shall be sworn to or shall affirm the
16 faithful discharge of his or her the duties of the office of Attorney General.
17 His or her The term of office of an individual elected Attorney General shall
18 commence when his or her the individual’s election is declared by the
19 committee appointed by the Senate and House of Representatives to canvass
20 the votes, agreeably with 17 V.S.A. § 2592, or when elected by the General
21 Assembly pursuant to said section, and continue for a term of two years.
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1 Sec. 9. 3 V.S.A. § 153(b) is amended to read:
2    (b) The Attorney General may appoint a Deputy Attorney General with the
3 approval of the Governor, remove him or her the Deputy Attorney General at
4 pleasure, and be responsible for his or her the Deputy Attorney General’s acts.
5 Such deputy The Deputy Attorney General shall perform such duties as the
6 Attorney General shall direct, and in the absence or disability of the Attorney
7 General perform the duties of the Attorney General. In case a vacancy occurs
8 in the Office office of Attorney General, such deputy the Deputy Attorney
9 General shall assume and discharge the duties of such the office until such the
10 vacancy is filled. Such The appointment of the Deputy Attorney General shall
11 be in writing and be recorded in the Office of the Secretary of State. Such The
12 Deputy Attorney General shall take the oath or affirmation required by the
13 constitution Constitution, shall be an informing officer, and shall have the
14 same authority throughout the State in civil or criminal matters as State’s
15 Attorneys have in their respective counties.
16 Sec. 10. 3 V.S.A. § 156 is amended to read:
17 § 156. DUTIES
18    Such A legal assistant appointed pursuant to section 155 of this chapter
19 shall perform such duties as the Attorney General directs and may appear in
20 the trial or hearing of any civil or criminal cause in any court of the State on
21 behalf of the Attorney General. Before assuming his or her any duties, such
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1 the legal assistant shall take and subscribe to the oath or affirmation prescribed
2 by the Constitution.
3 Sec. 11. 3 V.S.A. § 258 is amended to read:
4 § 258. REMOVAL OF CIVIL OFFICERS
5    The Governor may remove any civil officer whose appointment devolves
6 upon the Governor in the first instance, whether appointed by him or her the
7 current Governor or by any of his or her the Governor’s predecessors, with or
8 without the advice and consent of the Senate, and appoint a suitable person to
9 succeed such official, subject to removal in his or her the Governor’s
10 discretion, who shall be sworn or make an affirmation and who shall give the
11 bond, if any, required by law. Such A person so appointed, unless sooner
12 removed, shall perform the duties and be entitled to the pay of the person
13 whom he or she the appointed official succeeds, until March 1 of the next
14 biennial year and until his or her a successor is appointed and has qualified.
15 Sec. 12. 3 V.S.A. § 317 is amended to read:
16 § 317. OATHS, AFFIRMATIONS, TESTIMONY, AND THE
17PRODUCTION OF RECORDS
18    The Commissioner shall have the power to administer oaths and
19 affirmations, subpoena witnesses, and order the production of books and
20 papers pertinent to any investigation or hearing authorized by this chapter.
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1 Sec. 13. 3 V.S.A. § 925(d) is amended to read:
2    (d) The fact finder shall conduct hearings, pursuant to rules established by
3 the Board. Upon request of either party or of the fact finder, the Board may
4 issue subpoenas of persons and documents for the hearings and the fact finder
5 may require that testimony be given under oath or affirmation and may
6 administer oaths and affirmations.
7 Sec. 14. 3 V.S.A. § 965(c) is amended to read:
8    (c) The Board shall have power to administer oaths and affirmations and
9 take testimony under oath or affirmation relative to the matter of inquiry. At
10 any hearing ordered by the Board, the Board shall have the power to subpoena
11 witnesses and to demand the production of books, papers, records, and
12 documents for its examination. Officers who serve subpoenas issued by the
13 Board and witnesses attending hearings conducted by the Board shall receive
14 fees and compensation at the same rates as officers and witnesses in causes
15 before a Criminal Division of the Superior Court, to be paid on vouchers of the
16 Board.
17 Sec. 15. 3 V.S.A. § 1018(d) is amended to read:
18    (d) The fact finder shall conduct hearings pursuant to rules of the Board.
19 Upon request of either party or of the fact finder, the Board may issue
20 subpoenas of persons and documents for the hearings, and the fact finder may
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1 require that testimony be given under oath or affirmation and may administer
2 oaths and affirmations.
3 Sec. 16. 3 V.S.A. § 1030(c) is amended to read:
4    (c) The Board may administer oaths and affirmations, take testimony,
5 subpoena witnesses, and demand production of documents. Officers who
6 serve subpoenas issued by the Board and witnesses attending hearings shall be
7 paid fees and compensation on vouchers of the Board at the same rates as
8 officers and witnesses in causes before a Criminal Division of the Superior
9 Court.
10 Sec. 17. 3 V.S.A. § 1230(d) is amended to read:
11    (d) Subpoenas and, oaths, and affirmations. The Commission, the
12 Executive Director, and the Commission’s legal counsel and investigators shall
13 have the power to issue subpoenas and administer oaths and affirmations in
14 connection with any investigation or hearing, including compelling the
15 provision of materials or the attendance of witnesses at any investigation or
16 hearing. The Commission, the Executive Director, and the Commissioner’s
17 legal counsel shall seek voluntary compliance prior to issuing a subpoena,
18 except in cases where there is reasonable suspicion that materials will not be
19 produced in a timely manner. The Commission, the Executive Director, and
20 the Commission’s legal counsel and investigators may take or cause
21 depositions to be taken as needed in any investigation or hearing.
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1 Sec. 18. 3 V.S.A. § 2103 is amended to read:
2 § 2103. OATH, OATHS AND AFFIRMATIONS; MEETINGS;
3COMMITTEES
4    (a) Each Secretary shall take and file the official oath or affirmation prior
5 to assuming office.
6***
7 Sec. 19. 3 V.S.A. § 3091(b) is amended to read:
8    (b) The hearing shall be conducted by the Board or by a hearing officer
9 appointed by the Board. The Chair of the Board may compel, by subpoena,
10 the attendance and testimony of witnesses and the production of books and
11 records. All witnesses shall be examined under oath or affirmation. The
12 Board shall adopt rules with reference to appeals, which shall not be
13 inconsistent with this chapter. The rules shall provide for reasonable notice to
14 parties, and an opportunity to be heard and be represented by counsel.
15* * * Title 4 * * *
16 Sec. 20. 4 V.S.A. § 4 is amended to read:
17 § 4. JUSTICES
18***
19    (c) A Supreme Court Justice may file in the Office of the Secretary of
20 State, on or before September 1 of the year preceding the expiration of the
21 term for which the Justice was appointed or retained, a declaration that the
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1 Justice will be a candidate for retention. However, a Justice appointed and
2 having taken the oath or affirmation of office after September 1 of the year
3 preceding the expiration of the term of office shall automatically be a
4 candidate for retention without filing notice. When a Justice files such a
5 declaration, the Justice’s name shall be submitted to the General Assembly for
6 a vote on retention. The General Assembly shall vote upon one ballot on the
7 question “Shall the following Supreme Court Justices be retained in office?”
8 The names of the Justices shall be followed by “Yes __ No __ .” If a majority
9 of those voting on the question vote against retention, upon expiration of the
10 term of office, a vacancy shall exist that shall be filled by appointment in
11 accordance with the Constitution and chapter 15 of this title; if the majority
12 vote is in favor of retention, the Justice shall, unless removed for cause, remain
13 in office for another term and, at its end, shall be eligible for retention in office
14 in the manner prescribed pursuant to this subsection.
15    (d) The Court Administrator shall notify the Secretary of State whenever a
16 Justice is appointed and takes the oath or affirmation of office after September
17 1 of the year preceding the expiration of the term of office to which the Justice
18 has succeeded, thereby resulting in automatic notification of an intention to
19 continue in office. Whenever a Justice files a declaration under subsection (c)
20 of this section, or notification occurs automatically, the Secretary of State shall
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1 notify the President of the Senate, the Speaker of the House, the Office of
2 Legislative Counsel, and the Office of Legislative Operations forthwith.
3 Sec. 21. 4 V.S.A. § 27b is amended to read:
4 § 27b. SELF-ATTESTED DECLARATION IN LIEU OF NOTARIZATION
5***
6    (c) This section shall not apply to an affidavit in support of a search
7 warrant application, an application for a nontestimonial identification order, an
8 oath or affirmation required by 14 V.S.A. § 108, or consents and
9 relinquishments in adoption proceedings governed by Title 15A.
10 Sec. 22. 4 V.S.A. § 71 is amended to read:
11 § 71. APPOINTMENT AND TERM OF SUPERIOR JUDGES
12***
13    (b) A Superior judge may file in the Office of the Secretary of State, on or
14 before September 1 of the year preceding the expiration of the term for which
15 the Superior judge was appointed or retained, a declaration that the Superior
16 judge will be a candidate for retention. However, a Superior judge appointed
17 and having taken the oath or affirmation of office after September 1 of the year
18 preceding the expiration of the term of office shall automatically be a
19 candidate for retention without filing notice. When a judge files such a
20 declaration, the judge’s name shall be submitted to the General Assembly for a
21 vote on retention. The General Assembly shall vote upon one ballot on the
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1 question “Shall the following Superior judges be retained in office?” The
2 names of the judges shall be listed followed by “Yes __ No __ .” If a majority
3 of those voting on the question vote against retention, upon expiration of the
4 term of office, a vacancy shall exist that shall be filled by appointment in
5 accordance with the Constitution and chapter 15 of this title; if the majority
6 vote is in favor of retention, the judge shall, unless removed for cause, remain
7 in office for another term and, at its end, shall be eligible for retention in office
8 in the manner prescribed pursuant to this subsection.
9    (c) The Court Administrator shall notify the Secretary of State whenever a
10 Superior judge is appointed and takes the oath or affirmation of office after
11 September 1 of the year preceding the expiration of the term of office to which
12 the judge has succeeded, thereby resulting in automatic notification of an
13 intention to continue in office. Whenever a Superior judge files a declaration
14 under subsection (b) of this section or notification occurs automatically, the
15 Secretary of State shall notify the President of the Senate, the Speaker of the
16 House, the Office of Legislative Counsel, and the Office of Legislative
17 Operations forthwith.
18***
19 Sec. 23. 4 V.S.A. § 362 is amended to read:
20 § 362. OATHS AND AFFIRMATIONS
21    A Probate judge or register may administer oaths and affirmations.
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1 Sec. 24. 4 V.S.A. § 461 is amended to read:
2 § 461. OFFICE OF MAGISTRATE; JURISDICTION; SELECTION; TERM
3***
4    (c)(1) Terms of office of magistrates, except in the case of an appointment
5 to fill a vacancy or unexpired term, shall be for a term of six years from and
6 including April 1 in the year of the magistrate’s appointment or retention. A
7 magistrate shall remain in office until a successor is appointed and qualified,
8 unless sooner removed for cause or unless he or she the magistrate resigns.
9(2) A magistrate may file in the office Office of the Secretary of State,
10 on or before September 1 of the year preceding the expiration of the term for
11 which the magistrate was appointed or retained, a declaration that the
12 magistrate will be a candidate to succeed themself for retention. However, a
13 magistrate appointed and having taken the oath or affirmation of office after
14 September 1 of the year preceding the expiration of the term of office shall
15 automatically be a candidate for retention without filing notice. When a
16 magistrate files such a declaration, the magistrate’s name shall be submitted to
17 the General Assembly for a vote on retention. The General Assembly shall
18 vote upon one ballot on the question: “Shall the following magistrates be
19 retained in office?” The names of the magistrates shall be listed followed by
20 “Yes____ No____.” If a majority of those voting on the question vote against
21 retaining a magistrate in office, upon the expiration of the term, a vacancy
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1 shall exist that shall be filled in accordance with the Constitution and chapter
2 15 of this title. If the majority vote is in favor of retention, the magistrate
3 shall, unless removed for cause, remain in office for another term and, at its
4 end, shall be eligible for retention in office in the manner prescribed pursuant
5 to this subdivision.
6(3) The Court Administrator shall notify the Secretary of State
7 whenever a magistrate is appointed and takes the oath or affirmation of office
8 after September 1 of the year preceding the expiration of the term of office to
9 which the magistrate has succeeded, thereby resulting in automatic notification
10 of an intention to continue in office. Whenever a magistrate files a declaration
11 under subdivision (2) of this subsection or when notification occurs
12 automatically, the Secretary of State shall notify the President of the Senate,
13 the Speaker of the House, the Office of Legislative Counsel, and the Office of
14 Legislative Operations forthwith.
15***
16 Sec. 25. 4 V.S.A. § 466(d) is amended to read:
17    (d) Witnesses shall be sworn or shall make an affirmation. Hearings shall
18 be electronically recorded. The magistrate shall assist the parties in
19 developing relevant and reliable evidence.
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1 Sec. 26. 4 V.S.A. § 491 is amended to read:
2 § 491. QUALIFICATION OF JUSTICE OF THE PEACE—FILING OF
3OATH OR AFFIRMATION AND CERTIFICATE
4    (a) Before entering upon his or her any duties, each justice of the peace
5 shall deposit with the town clerk a signed copy of his or her official oath,
6 signed by himself or herself the justice’s official oath or affirmation, along
7 with a certificate of the magistrate or notary public administering the same
8 who administered the oath or affirmation to the justice. The Secretary of State
9 shall provide oath or affirmation forms for this purpose.
10    (b) The term of office of justices of the peace shall be two years, and shall
11 commence on the first day of February next after their election.
12 Sec. 27. 4 V.S.A. § 608(f) is amended to read:
13    (f) In the performance of its official functions, the Joint Committee on
14 Judicial Retention may by a majority vote of its membership issue subpoenas
15 to compel the attendance of witnesses to testify under oath or affirmation and
16 to produce documents.
17 Sec. 28. 4 V.S.A. § 794 is amended to read:
18 § 794. OATH OR AFFIRMATION; CORRECTNESS OF REPORTS AND
19COPIES
20    Upon appointment, a stenographic reporter shall be sworn take an oath or
21 affirmation before entering upon his or her any duties and shall be responsible
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1 for the correctness of his or her the reporter’s own reports and of certified
2 copies thereof made by him or her or under his or her of reports made by the
3 reporter or at the reporter’s direction.
4 Sec. 29. 4 V.S.A. § 803 is amended to read:
5 § 803. ELECTRONIC RECORDING EQUIPMENT
6***
7    (b) For the purpose of operating recording equipment, the judge may
8 appoint or designate the official reporter of that court, a special reporter, the
9 clerk of the court, any staff of the court, the court officer, or any other
10 designated court personnel. The person operating recording equipment shall
11 subscribe to an oath or affirmation that the operator will well and truly operate
12 it to record all matters and proceedings.
13    (c) The court may then designate the person operating the equipment or
14 any other competent person to read the recording and to transcribe it into
15 typewriting. The person transcribing the recording shall subscribe to an oath
16 or affirmation that it has truly and correctly been transcribed.
17***
18 Sec. 30. 4 V.S.A. § 851 is amended to read:
19 § 851. APPOINTMENT AND POWERS OF COMMISSIONERS
20    The Governor may appoint commissioners in other states and in foreign
21 countries who shall hold office for five years unless sooner removed by him or
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1 her the Governor. They may take depositions, affidavits, and testimony to be
2 used in any proceedings in Superior Court; administer oaths and affirmations;
3 and take the acknowledgment of deeds and other instruments to be used or
4 recorded in this State, and their acts in other states or foreign countries shall
5 have the same force as though performed by a justice or master in this State.
6 Sec. 31. 4 V.S.A. § 852 is amended to read:
7 § 852. OATH OR AFFIRMATION AND BOND
8    Before entering upon his or her any duties, each commissioner shall take
9 and subscribe an oath or affirmation of office before a magistrate of his or her
10 the commissioner’s locality and execute a bond to this State with sureties to
11 the satisfaction of the Governor in the sum of $500.00, conditioned for the
12 faithful performance of his or her the commissioner’s duties. The bond shall
13 be kept in the office Office of the Secretary of State, and an action may be
14 maintained against any or all signers thereof of the bond, in the name of the
15 State, for the benefit of a person injured by the act or neglect of the
16 commissioner.
17 Sec. 32. 4 V.S.A. § 1106(b) is amended to read:
18    (b) The hearing shall be held before a hearing officer and conducted in an
19 impartial manner. The hearing officer may, by subpoena, compel the
20 attendance and testimony of witnesses and the production of books and
21 records. All witnesses shall be sworn or shall make an affirmation. The
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1 burden of proof shall be on the State or municipality to prove the allegations
2 by clear and convincing evidence. As used in this section, “clear and
3 convincing evidence” means evidence that establishes that the truth of the facts
4 asserted is highly probable. Certified copies of records supplied by the
5 Department of Motor Vehicles or the Agency of Natural Resources and
6 presented by the issuing officer or other person shall be admissible without
7 testimony by a representative of the Department of Motor Vehicles or the
8 Agency of Natural Resources.
9* * * Title 5 * * *
10 Sec. 33. 5 V.S.A. § 32 is amended to read:
11 § 32. PRODUCTION AND EXAMINATION OF BOOKS; WITNESSES
12    So far as is necessary for the performance of their duties, the members of
13 the Transportation Board or the Secretary of Transportation or his or her
14 designee and any other employee of the Agency authorized by the Secretary
15 shall have power to examine the books, accounts, and papers of any person,
16 receiver, trustee, or lessee owning or operating any line, plant, or property,
17 subject to the Board’s or the Agency’s jurisdiction, that in any way relate to or
18 contain entries, data, or memoranda concerning any transaction substantially
19 affecting the interests of the State of Vermont or consumers of transportation
20 services within the State. In addition to these powers, they may subpoena
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1 witnesses, administer oaths and affirmations to witnesses, and examine them
2 on all matters over which the Board or Agency has jurisdiction.
3 Sec. 34. 5 V.S.A. § 34 is amended to read:
4 § 34. REFUSAL TO SHOW BOOKS; FALSE OATH OR AFFIRMATION;
5PENALTIES
6    A person, company, or corporation subject to the supervision of the Board
7 or the Agency who refuses the Board or the Agency access to its books,
8 accounts, or papers so far as may be necessary under the provisions of this
9 chapter, or who fails or refuses to furnish any returns, reports, or information
10 lawfully required by it, or who willfully hinders, delays, or obstructs it in the
11 discharge of the duties imposed upon it, or who fails within a reasonable time
12 to obey a final order or decree of the Board, shall be fined not more than
13 $5,000.00. An individual who knowingly, under oath or affirmation, makes a
14 false return or statement or gives false information to the Board or the Agency,
15 or who knowingly testifies falsely in any material matter before either of them,
16 shall be deemed to have committed perjury and shall be punished accordingly.
17 Sec. 35. 5 V.S.A. § 1016(d) is amended to read:
18    (d) The board shall adopt rules in accordance with the provisions of the
19 ordinance or resolution by which it was created. Meetings of the board shall
20 be held at the call of the chair and at such other times as the board may
21 determine. The chair, or in his or her the chair’s absence the acting chair, may
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1 administer oaths and affirmations and compel the attendance of witnesses. All
2 hearings of the board shall be public. The board shall keep minutes of its
3 proceedings, showing the vote of each member upon each question, or, if
4 absent or failing to vote, indicating this fact. The board shall keep records of
5 its examinations and other official actions, all of which shall immediately be
6 filed in the office of the board and shall be a public record.
7 Sec. 36. 5 V.S.A. § 1017(c) is amended to read:
8    (c) The board of adjustment shall not be required to return the original
9 papers acted upon by it, but it shall be sufficient to return certified or, sworn,
10 or affirmed copies or of portions of copies that may be called for by the court.
11 Sec. 37. 5 V.S.A. § 3756 is amended to read:
12 § 3756. OATH OR AFFIRMATION OF OFFICE
13    Each police officer so commissioned pursuant to section 3755 of this
14 chapter shall, before entering upon the duties of his or her the office, take an
15 oath or affirmation of office administered by the Commissioner of Public
16 Safety or his or her designee.
17* * * Title 6 * * *
18 Sec. 38. 6 V.S.A. § 1(a) is amended to read:
19    (a) The Agency of Agriculture, Food and Markets shall be administered by
20 a Secretary of Agriculture, Food and Markets. The Secretary shall supervise
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1 and be responsible for the execution and enforcement of all laws relating to
2 agriculture and standards of weight and measure. The Secretary may:
3***
4(5) Issue subpoenas and administer oaths and affirmations in connection
5 with an authorized investigation or hearing.
6***
7 Sec. 39. 6 V.S.A. § 11 is amended to read:
8 § 11. ADMINISTRATIVE HEARINGS; HEARING OFFICERS
9    The Secretary may designate a hearing officer to preside in his or her the
10 Secretary’s place in all matters in which the Secretary is required or permitted
11 by law to conduct a hearing. The hearing officer may administer oaths and
12 affirmations or issue subpoenas in connection with a hearing. The hearing
13 officer shall report findings of fact to the Secretary in writing, within a
14 reasonable time after the conclusion of the hearing, in contested cases within
15 the meaning of 3 V.S.A. § 801(b)(2). Judgment on the findings in cases
16 covered by this section shall be rendered only by the Secretary.
17 Sec. 40. 6 V.S.A. § 2674(a) is amended to read:
18    (a) On or before March 1 of each year, all handlers shall send the Secretary
19 a full and accurate report of the amount of business done during the preceding
20 year, together with such other statistical information as the Secretary may
21 require. Failure to file requested information shall be grounds for suspension
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1 of license. If the handler purchases milk from a Vermont farm, a cooperative
2 representing a Vermont farm, or a marketing service owned by a cooperative,
3 the handler, in addition to any other information required by the Secretary,
4 shall provide the following information:
5***
6(2) a sworn or affirmed balance sheet showing assets and liabilities and
7 a profit and loss statement as of the end of the handler’s preceding fiscal year
8 and such other information regarding its financial condition as the Secretary
9 may require; and
10***
11 Sec. 41. 6 V.S.A. § 2722 is amended to read:
12 § 2722. APPLICATION
13    Applications shall be completely filled out and sworn to or affirmed by the
14 applicant or a partner or officer of the applicant and in case of renewal shall be
15 filed with the Secretary on or before July 15 of each year. New handlers may
16 apply for a license at any time. Renewal applications not received on or before
17 August 15 shall be assessed a late fee of $100.00. The application for a
18 handler’s license shall provide the following information and such other
19 information as the Secretary by regulation rule shall reasonably require:
20***
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1(3) In the case of a new application, the applicant shall provide the
2 following information:
3***
4(B) The anticipated supply of milk and the daily quantity to be
5 purchased from such sources. If a handler buys milk or represents that he or
6 she the handler intends to buy milk from Vermont producers, he or she the
7 handler shall provide a sworn or affirmed balance sheet showing assets and
8 liabilities and a profit and loss statement as of the end of the handler’s
9 preceding fiscal year and such other information regarding its financial
10 condition as the Secretary may require. Upon the request of the Secretary, the
11 financial statements shall be accompanied by an opinion of a certified public
12 accountant.
13***
14 Sec. 42. 6 V.S.A. § 2762 is amended to read:
15 § 2762. PRODUCER AFFIDAVIT; VOLUNTARY LABELING
16    A milk handler may claim in the label on a container or package of milk, or
17 of a dairy product offered for retail sale in Vermont, or in a written display at
18 the point of sale of such milk or dairy product, that the milk or dairy product is
19 derived from cows not treated with rbST, provided that:
20(1) Producer affidavit. Each milk producer supplying the handler with
21 milk to be so identified shall, by affidavit, notify the handler that milk sold to
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1 the handler is from cows that are not, and have not been within 90 days prior
2 to the notification, treated with rbST, and swears or affirms that he or she the
3 milk producer will notify his or her the handler at least 90 days before using
4 rbST in the production of milk by such cows.
5(2) Handler affidavit.
6(A) The milk handler shall, by affidavit, notify the Secretary of the
7 handler’s practices adopted to ensure that milk from cows not treated with
8 rbST is kept separate from other milk throughout the collection, transportation,
9 and processing steps until the finished milk or dairy product is in final
10 packaged form in a labeled container and swears or affirms that the handler
11 will notify the Secretary at least 90 days before ceasing use of such practices.
12***
13 Sec. 43. 6 V.S.A. § 2929 is amended to read:
14 § 2929. POWER TO MAKE ORDERS AND CONDUCT HEARINGS;
15RULES
16    (a) In administering this chapter, the Commission shall have the power to
17 make orders under this section, conduct hearings, subpoena, and examine
18 under oath or affirmation producers, handlers, and distributors, their books,
19 records, documents, correspondence, and accounts, and any other person it
20 deems necessary to carry out the purposes and intent of this chapter.
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1    (b) Any order issued under this chapter shall only be made final after a
2 public hearing and after publication of a proposed order for public review and
3 comment for 30 days following the publication of the proposed order.
4***
5(2) Interested persons shall not be considered “parties,” and, except as
6 otherwise specifically provided by subsection (c) of this section, the provisions
7 of 3 V.S.A. chapter 25 relating to contested cases shall not apply to the
8 procedure for the conduct of the hearing, the issuance of a proposed pricing
9 order, or the promulgation of a final order. The hearing on the proposed order
10 shall be held in accordance with the applicable provisions of 3 V.S.A. § 840(c)
11 and (d), other than the provisions relating to notice and the requirements of 3
12 V.S.A. § 832a. The hearing procedure shall provide for the establishment of a
13 formal record of sworn or affirmed evidence received, matters officially
14 noticed, questions and offers of proof submitted by interested persons, and any
15 proposed findings presented.
16***
17 Sec. 44. 6 V.S.A. § 2972(b) is amended to read:
18    (b) Included among the powers of the Council in connection with the
19 enforcement of this chapter are the powers to require reports from any person
20 subject to this chapter; to adopt, rescind, modify, and amend all proper and
21 necessary rules and orders to administer this chapter, which rules and orders
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1 shall be adopted by publication in the manner prescribed by the Council and
2 shall have the force and effect of law when not inconsistent with existing laws;
3 to administer oaths and affirmations, subpoena witnesses, take depositions, and
4 certify to official acts; to require any dealer to keep such true and accurate
5 records and to make such reports covering purchases, sales, and receipts of
6 dairy products and related matters as the Council deems reasonably necessary
7 for effective administration, which records shall be open to inspection by the
8 Secretary of Agriculture, Food and Markets at any reasonable time and as
9 often as may be necessary, but information thus obtained shall not be
10 published or be open to public inspection in any manner revealing any
11 individual dealer’s identity, except as required in proceedings to enforce
12 compliance; to keep accurate books, records, and accounts of all of its
13 dealings; and to make annually a full report of its doings to the House
14 Committee on Agriculture, Food Resiliency, and Forestry and the Senate
15 Committee on Agriculture and the Governor, which shall show the amount of
16 money received and the expenditures thereof. The report shall be submitted on
17 or before January 15. The Vermont Agency of Agriculture, Food and Markets
18 shall perform the administrative work of the Council as directed by the
19 Council. The Council shall reimburse the Agency of Agriculture, Food and
20 Markets for the cost of services performed by the Agency.
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1 Sec. 45. 6 V.S.A. § 3318 is amended to read:
2 § 3318. INVESTIGATION; RECORD KEEPING
3    (a) The Secretary shall also have power:
4***
5(2) To require, by general or special orders, persons engaged in
6 intrastate commerce to file with the Secretary, in the form that the Secretary
7 may prescribe, annual or special reports or answers in writing to specific
8 questions. The person filing the reports or answers shall furnish the Secretary
9 with any information he or she the Secretary may require as to the
10 organization, business, conduct, practices, management, and relation to other
11 persons. The reports and answers shall be made under oath or affirmation, or
12 otherwise, as the Secretary may prescribe and shall be filed with the Secretary
13 within a reasonable period as the Secretary may prescribe, unless additional
14 time is granted by the Secretary.
15    (b) For the purpose of this chapter, the Secretary shall at all reasonable
16 times have access to and the right to copy any documentary evidence of any
17 person being investigated or proceeded against. The Secretary may subpoena
18 the attendance and testimony of witnesses and the production of all
19 documentary evidence of any person relating to any matter under investigation
20 or subject to administrative hearing. The Secretary or his or her designee may
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1 sign subpoenas and may administer oaths and affirmations, examine witnesses,
2 and receive evidence.
3(1) The attendance of witnesses and the production of documentary
4 evidence may be required at any designated place of hearing. In case of
5 disobedience to a subpoena, the Secretary may invoke the aid of any district or
6 Superior Court in requiring the attendance and testimony of witnesses and the
7 production of documentary evidence.
8(2) Any district or Superior Court within the jurisdiction in which an
9 inquiry is carried on may, in case of resistance or refusal to obey a subpoena
10 issued to any person, issue an order requiring the person to appear before the
11 Secretary or to produce documentary evidence or to give evidence touching
12 the matter in question. Any failure to obey an order of the court may be
13 punished by the court as a contempt.
14***
15(4) The Secretary may order testimony to be taken by deposition in any
16 proceeding or investigation pending under this chapter at any stage of the
17 proceeding or investigation. The depositions may be taken before any person
18 designated by the Secretary who has the power to administer oaths and
19 affirmations. The testimony shall be reduced to writing by the person taking
20 the deposition, or under his or her that person’s direction, and shall be
21 subscribed by the deponent. Any person may be compelled to appear and
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1 depose and to produce documentary evidence in the same manner as witnesses
2 may be compelled to appear and testify and produce documentary evidence
3 before the Secretary as provided in this chapter.
4***
5* * * Title 7 * * *
6 Sec. 46. 7 V.S.A. § 211(b) is amended to read:
7    (b) The hearing officer may administer oaths and affirmations in all cases,
8 so far as the exercise of that power is properly incidental to the performance of
9 the hearing officer’s duty or that of the Board. A hearing officer may hold any
10 hearing in any matter within the jurisdiction of the Board.
11 Sec. 47. 7 V.S.A. § 588 is amended to read:
12 § 588. FEES OF SHERIFF, CONSTABLE, OR POLICE OFFICER
13    When a sheriff, constable, or police officer makes a search under this title
14 pursuant to a warrant, he or she the officer shall receive a fee for the search,
15 reimbursement for mileage at the rate set pursuant to 32 V.S.A. § 1267, and
16 the sum that he or she the officer actually paid out for necessary assistance, if:
17(1) the Commissioner of Liquor and Lottery deems the amount to be
18 reasonable; and
19(2) the officer declares under oath or affirmation that the money was
20 expended as claimed, and, if applicable, states the name of his or her the
21 officer’s assistant and the amount paid for the assistance.
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1* * * Title 8 * * *
2 Sec. 48. 8 V.S.A. § 13(a) is amended to read:
3    (a) In addition to any other penalties, and in order to enforce this title, 9
4 V.S.A. chapters 131 and 150, Title 9A, and 18 V.S.A. chapter 221, the
5 Commissioner may issue subpoenas, examine persons, administer oaths and
6 affirmations, and require production of papers and records. Any subpoena or
7 notice to produce may be served by registered or certified mail or in person by
8 an agent of the Commissioner. Service by registered or certified mail shall be
9 effective three business days after mailing. Any subpoena or notice to produce
10 shall provide at least six business days’ time from service within which to
11 comply, except that the Commissioner may shorten the time for compliance for
12 good cause shown. Any subpoena or notice to produce sent by registered or
13 certified mail, postage prepaid, shall constitute service on the person to whom
14 it is addressed. Each witness who appears before the Commissioner under
15 subpoena shall receive a fee and mileage as provided for witnesses in civil
16 cases in Superior Courts; provided, however, that any person subject to
17 regulation under this title shall not be eligible to receive fees or mileage under
18 this section.
19 Sec. 49. 8 V.S.A. § 2102(a) is amended to read:
20    (a) Application for a license or registration shall be in writing, under oath
21 or affirmation, and in the form prescribed by the Commissioner, and shall
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1 contain the legal name, any fictitious name or trade name, and the address of
2 the residence and place of business of the applicant; if the applicant is a
3 partnership corporation, limited liability company, partnership, or other entity,
4 the name and title of each key individual and person in control of the
5 applicant; the county and municipality with street and number, if any, where
6 the business is to be conducted; and such further information as the
7 Commissioner may require.
8 Sec. 50. 8 V.S.A. § 2117(b) is amended to read:
9    (b)(1) The Commissioner may review, investigate, or examine any person,
10 regardless of whether the person has obtained a license under this part, as often
11 as necessary in order to carry out the purposes of this part.
12(2) The Commissioner may direct, subpoena, or order the attendance of,
13 and examine under oath or affirmation, a person whose testimony is required
14 about the loans or the business or subject matter of an examination or
15 investigation, and may direct, subpoena, or order the person to produce books,
16 accounts, records, files, and any other documents the Commissioner deems
17 relevant to the inquiry.
18 Sec. 51. 8 V.S.A. § 2120(a) is amended to read:
19    (a)(1) In addition to any specific information required by the applicable
20 chapter, annually, on or before April 1, a licensee shall file a report with the
21 Commissioner to provide the information the Commissioner reasonably
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1 requires concerning the business and operations conducted in this State during
2 the preceding calendar year.
3(2) The licensee shall submit the report under oath or affirmation and in
4 the form the Commissioner requires.
5***
6 Sec. 52. 8 V.S.A. § 2202a(a) is amended to read:
7    (a) Application for a license for a lender making solely commercial loans
8 shall be in writing, under oath or affirmation, and in the form prescribed by the
9 Commissioner, and shall contain the name and address of the residence and the
10 place of business of the applicant and, if the applicant is a partnership or
11 association, of every member thereof, and, if a corporation, of each officer,
12 director, and control person thereof; the county and municipality with street
13 and number, if any, where the business is to be conducted; and such further
14 information as the Commissioner may require.
15 Sec. 53. 8 V.S.A. § 2236a is amended to read:
16 § 2236a. EXTENT OF ASSIGNMENT; SERVICE UPON EMPLOYER
17    Under any such assignment or order for the payment of future salary,
18 wages, commissions, or other compensation for services given as security for a
19 loan made by any licensee under this chapter, a sum not to exceed 10 percent
20 of the borrower’s salary, wages, commissions, or other compensation for
21 services shall be collectible from the employer of the borrower by the licensee
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1 at the time of each payment to the borrower of such salary, wages,
2 commissions, or other compensation for services, from the time that a copy of
3 such assignment, verified by the oath or affirmation of the licensee or the
4 licensee’s agent, together with a similarly verified statement of the amount
5 unpaid upon such loan, is served upon the employer.
6 Sec. 54. 8 V.S.A. § 2260(a) is amended to read:
7    (a) Annually, on or before April 1, each company registered under this
8 chapter shall file a report with the Commissioner under oath or affirmation and
9 in the form and manner prescribed by the Commissioner. In addition to
10 information required by section 2120 of this title, the report shall include any
11 information the Commissioner requires concerning the company’s business
12 and operations during the preceding calendar year within Vermont and, in
13 addition, shall include:
14***
15 Sec. 55. 8 V.S.A. § 3361(a) is amended to read:
16    (a) A foreign or alien insurer shall not transact business in this State unless
17 it first obtains from the Commissioner a license authorizing it to do so. Before
18 receiving a license, it shall file with the Commissioner a certified copy of its
19 charter and bylaws, a statement under oath or affirmation of its president and
20 secretary, showing its financial condition, and any other statements required by
21 the Commissioner.
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1 Sec. 56. 8 V.S.A. § 3371(e) is amended to read:
2    (e) “Surplus to policyholders” for the purposes of this section, in addition
3 to the insurer’s unassigned capital and surplus, shall be deemed to include any
4 voluntary reserves which that are not required pursuant to law, and shall be
5 determined from the last sworn or affirmed statement of the insurer on file
6 with the Commissioner, or by the last report of examination of the insurer,
7 whichever is the more recent at time of assumption of risk.
8 Sec. 57. 8 V.S.A. § 3561(a) is amended to read:
9    (a) Each domestic, foreign, and alien insurance company doing business in
10 this state State shall annually submit to the Commissioner a statement of its
11 financial condition, verified by oath or affirmation of two of its executive
12 officers. The statement shall be prepared in accordance with the National
13 Association of Insurance Commissioners’ Instructions Handbook and
14 Accounting Practices and Procedures Manual and shall be in such general form
15 and context, as approved by, and shall contain any other information required
16 by, the National Association of Insurance Commissioners with any useful or
17 necessary modifications or adaptations thereof required or approved or
18 accepted by the Commissioner for the type of insurance and kinds of insurers
19 to be reported upon, and as supplemented by additional information required
20 by the Commissioner. The statement of an alien insurer shall relate only to the
21 insurer’s transactions and affairs in the United States unless the Commissioner
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1 requires otherwise. A foreign or alien company, upon withdrawing from the
2 State of Vermont, shall pay to the Commissioner $25.00 for the filing of its
3 final financial statement.
4 Sec. 58. 8 V.S.A. § 3565(a) is amended to read:
5    (a) The Commissioner, inspecting an insurance company, may require its
6 officers, or any agent thereof, to exhibit books kept by them relating to their
7 business and may examine under oath or affirmation such agents and officers
8 and other persons as he or she the Commissioner thinks proper, in relation to
9 the business transactions and conditions of the company.
10 Sec. 59. 8 V.S.A. § 3574(b) is amended to read:
11    (b) Filing of examination report. No Not later than 60 days following
12 completion of the examination, the examiner in charge shall file with the
13 Department a written report of examination under oath or affirmation. Upon
14 receipt of the report, the Department shall transmit the report to the company
15 examined, together with a notice which that shall afford the company
16 examined a reasonable opportunity of not more than 30 days to make a written
17 submission or rebuttal with respect to any matters contained in the examination
18 report.
19 Sec. 60. 8 V.S.A. § 3686(f) is amended to read:
20    (f) Compelling production. In the event the insurer fails to comply with an
21 order, the Commissioner shall have the power to examine the affiliates to
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1 obtain the information. The Commissioner also shall have the power to issue
2 subpoenas, to administer oaths and affirmations, and to examine under oath or
3 affirmation any person for purposes of determining compliance with this
4 section. Upon the failure or refusal of any person to obey a subpoena, the
5 Commissioner may petition a court of competent jurisdiction, and upon proper
6 showing, the court may enter an order compelling the witness to appear and
7 testify or produce documentary evidence. Failure to obey the court order shall
8 be punishable as contempt of court. Every person shall be obliged to attend as
9 a witness at the place specified in the subpoena, when subpoenaed, anywhere
10 within the State. He or she A person who appears as a witness pursuant to a
11 subpoena shall be entitled to the same fees and mileage, if claimed, as a
12 witness in the Superior Court of this State, which fees, mileage, and actual
13 expense, if any, necessarily incurred in securing the attendance of witnesses
14 and their testimony shall be itemized and charged against and be paid by the
15 company being examined.
16 Sec. 61. 8 V.S.A. § 3865 is amended to read:
17 § 3865. MILL MUTUAL; FEES
18    A mutual fire insurance company of another state which that insures only
19 factories or mills, or property connected with such factories or mills, may be
20 admitted to transact business in this State upon complying with the conditions
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1 set forth in the statutory laws of this State, except that in lieu of all other taxes,
2 licenses, and fees whatsoever, it shall pay to the Commissioner:
3(1) for filing its charter and bylaws, a fee of $30.00;
4(2) for filing a statement under oath or affirmation of its president and
5 secretary, showing its financial condition and standing upon forms furnished
6 by him or her the Commissioner, a fee of $20.00; and annually thereafter on or
7 before March 31, it shall pay to the Commissioner a fee of $20.00 for the
8 filing of its annual statement and an annual license fee of $5.00; and
9(3) its fire marshal tax.
10 Sec. 62. 8 V.S.A. § 3914 is amended to read:
11 § 3914. STATEMENT AS TO APPLICATIONS
12    At the time of such filing, or within one year thereafter, such persons, or
13 those who have been designated as the president and the secretary of such
14 corporation, may file with the Commissioner a sworn or affirmed statement to
15 the effect that applications for insurance in the amounts respectively indicated
16 in section 3920 of this title have been made in good faith to such corporation.
17 Such statement shall give the names and addresses of such applicants and the
18 amount of insurance applied for by each. In case such corporation charges
19 advance premiums, such statement shall show that the premium, specifying the
20 amount, has been paid in full by each such applicant.
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1 Sec. 63. 8 V.S.A. § 4464(4) is amended to read:
2(4) Upon receipt of a preliminary certificate from the Commissioner, the
3 society may solicit members for the purpose of completing its organization,
4 shall collect from each applicant the amount of not less than one regular
5 monthly premium in accordance with its table of rates as provided by its
6 constitution and laws, and shall issue to each such applicant a receipt for the
7 amount so collected. No society may incur any liability other than for the
8 return of the advance premium, nor issue any certificate, nor pay, allow, or
9 offer or promise to pay or allow, any death or disability benefit to any person
10 until all of the following have occurred:
11(A) actual Actual bona fide applications for death benefits have been
12 secured aggregating at least $500,000.00 on not less than 500 lives;.
13(B) all All such applicants for death benefits shall have furnished
14 evidence of insurability satisfactory to the society;.
15(C) certificates Certificates of examinations or acceptable
16 declarations of insurability have been duly filed and approved by the chief
17 medical examiner of the society;.
18(D) ten Ten subordinate lodges or branches have been established
19 into which the 500 applicants have been admitted;.
20(E) there There has been submitted to the Commissioner under oath
21 or affirmation of the president or secretary, or corresponding officer of the
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1 society, a list of the applicants, giving their names, addresses, date each was
2 admitted, name and number of the subordinate branch of which each applicant
3 is a member, amount of benefits to be granted, and premiums therefor; and.
4(F) it It has been shown to the Commissioner, by sworn or affirmed
5 statement of the treasurer, or corresponding officer of the society, that at least
6 500 applicants have each paid in cash at least one regular monthly premium as
7 provided in this section, which premiums in the aggregate shall amount to at
8 least $2,500.00, all of which have been credited to the fund or funds from
9 which benefits are to be paid and no part of which may be used for expenses.
10 The advance premiums shall be held in trust during the period of organization,
11 and if the society has not qualified for a certificate of authority within one
12 year, as provided in this section, the premiums shall be returned to the
13 applicants.
14 Sec. 64. 8 V.S.A. § 4468 is amended to read:
15 § 4468. CONSOLIDATIONS AND MERGERS
16    (a) A domestic society may consolidate or merge with any other society by
17 complying with the provisions of this section.
18    (b) It The domestic society shall file with the Commissioner of Financial
19 Regulation:
20(1) a certified copy of the written contract containing in full the terms
21 and conditions of the consolidation or merger;
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1(2) a sworn or affirmed statement by the president and secretary or
2 corresponding officers of each society showing the financial condition thereof
3 of their respective society on a date fixed by the Commissioner of Financial
4 Regulation but not earlier than December 31, next preceding the date of the
5 contract;
6(3) a certificate of the officers, duly verified by their respective oaths or
7 affirmations, that the consolidation or merger has been approved by a two-
8 thirds vote of the supreme legislative or governing body of each society; and
9***
10 Sec. 65. 8 V.S.A. § 4485(a) is amended to read:
11    (a) No foreign or alien society may transact business in this State without a
12 license issued by the Commissioner of Financial Regulation. Any such society
13 may be licensed to transact business in this State upon filing with the
14 Commissioner of Financial Regulation:
15***
16(4) a statement of its business under oath or affirmation of its president
17 and secretary or corresponding officers in a form prescribed by the
18 Commissioner of Financial Regulation, duly verified by an examination made
19 by the supervising insurance official of its home state or other state, territory,
20 province, or country, satisfactory to the Secretary of State of this State;
21***
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1 Sec. 66. 8 V.S.A. § 4495 is amended to read:
2 § 4495. EXAMINATION OF DOMESTIC SOCIETIES
3    The Commissioner of Financial Regulation, or any person he or she the
4 Commissioner may appoint, shall have the power of visitation and examination
5 into the affairs of any domestic society, and he or she the Commissioner or
6 designee shall make the examination at least once in every three years. He or
7 she The Commissioner may employ assistants for the purpose of the
8 examination, and he or she the Commissioner, or any person he or she the
9 Commissioner may appoint, shall have free access to all books, papers, and
10 documents that relate to the business of the society. The minutes of the
11 proceedings of the supreme legislative or governing body and of the board of
12 directors or corresponding body of a society shall be in the English language.
13 In making an examination, the Commissioner of Financial Regulation may
14 summon and qualify as witnesses under oath or affirmation and examine its the
15 society’s officers, agents, and employees or other persons in relation to the
16 affairs, transactions, and condition of the society. A summary of the report of
17 the Commissioner of Financial Regulation and such recommendations or
18 statements of the Commissioner of Financial Regulation as may accompany
19 the report, shall be read at the first meeting of the board of directors or
20 corresponding body of the society following the receipt thereof and, if directed
21 so to do by the Commissioner of Financial Regulation, shall also be read at the
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1 first meeting of the supreme legislative or governing body of the society
2 following the receipt thereof. A copy of the report, recommendations, and
3 statements of the Commissioner of Financial Regulation shall be furnished by
4 the society to each member of the board of directors or other governing body.
5 The expense of each examination and of each valuation, including
6 compensation and actual expense of examiners, shall be paid by the society
7 examined or whose certificates are valued, upon statements furnished by the
8 Commissioner of Financial Regulation.
9 Sec. 67. 8 V.S.A. § 4503(b) is amended to read:
10    (b) A person who willfully makes a false or fraudulent statement in any
11 verified report or declaration under oath or affirmation required or authorized
12 by this chapter, or of any material fact or thing contained in a sworn or
13 affirmed statement concerning the death or disability of a member for the
14 purpose of procuring payment of a benefit named in the certificate, shall be
15 guilty of perjury and shall be subject to the penalties for perjury prescribed by
16 law.
17 Sec. 68. 8 V.S.A. § 4516 is amended to read:
18 § 4516. ANNUAL REPORT TO COMMISSIONER
19    Annually, on or before March 1, a hospital service corporation shall file
20 with the Commissioner of Financial Regulation a statement sworn to or
21 affirmed by the president and treasurer of the corporation showing its
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1 condition on December 31. The statement shall be in such form and contain
2 such matters as the Commissioner shall prescribe. To qualify for the tax
3 exemption set forth in section 4518 of this title, the statement shall include a
4 certification that the hospital service corporation operates on a nonprofit basis
5 for the purpose of providing an adequate hospital service plan to individuals of
6 the State, both groups and nongroups, without discrimination based on age,
7 gender, geographic area, industry, and medical history, except as allowed by
8 subdivisions 4080g(b)(7)(B)(ii) and 4080g(c)(8)(B)(ii) of this title and by 33
9 V.S.A. § 1811(f)(2)(B).
10 Sec. 69. 8 V.S.A. § 4588 is amended to read:
11 § 4588. ANNUAL REPORT TO COMMISSIONER
12    Annually, on or before March 1, a medical service corporation shall file
13 with the Commissioner of Financial Regulation a statement sworn to or
14 affirmed by the president and treasurer of the corporation showing its
15 condition on December 31, which shall be in such form and contain such
16 matters as the Commissioner shall prescribe. To qualify for the tax exemption
17 set forth in section 4590 of this title, the statement shall include a certification
18 that the medical service corporation operates on a nonprofit basis for the
19 purpose of providing an adequate medical service plan to individuals of the
20 State, both groups and nongroups, without discrimination based on age,
21 gender, geographic area, industry, and medical history, except as allowed by
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1 subdivisions 4080g(b)(7)(B)(ii) and 4080g(c)(8)(B)(ii) of this title and by
2 33 V.S.A. § 1811(f)(2)(B).
Sec. 69. 8 V.S.A. § 4588 is amended to read:
§ 4588. ANNUAL REPORT TO COMMISSIONER
   Annually, on or before March 1, a medical service corporation shall file
with the Commissioner of Financial Regulation a statement sworn to or
affirmed by the president and treasurer of the corporation showing its
condition on December 31, which shall be in such form and contain such
matters as the Commissioner shall prescribe. To qualify for the tax exemption
set forth in section 4590 of this title, the statement shall include a certification
that the medical service corporation operates on a nonprofit basis for the
purpose of providing an adequate medical service plan to individuals of the
State, both groups and nongroups, without discrimination based on age,
gender, geographic area, industry, and medical history, except as allowed by
33 V.S.A. § 1811(f)(2)(B).
3 Sec. 70. 8 V.S.A. § 5105(b) is amended to read:
4    (b) All financial and market conduct examinations shall be conducted
5 pursuant to and in conformity with sections 3573, 3574, 3575, and 3576 of this
6 title at the expense of the health maintenance organization and shall be
7 conducted in accordance with guidelines, principles, manuals, instructions, and
8 other procedures promulgated by the National Association of Insurance
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1 Commissioners, including the use of statutory accounting principles for
2 financial examinations, together with any useful or necessary modifications or
3 adaptation thereof required or approved by the Commissioner. Every health
4 maintenance organization shall provide the Commissioner with all books and
5 records relating to its operation, including books and records of any affiliate or
6 subsidiary as defined in section 3681 of this title. For the purpose of
7 examinations, the Commissioner may issue subpoenas to, administer oaths and
8 affirmations to, and examine any person and the officers and agents of the
9 health maintenance organization.
10 Sec. 71. 8 V.S.A. § 6004(d) is amended to read:
11    (d) Within 30 days after commencing business, each captive insurance
12 company shall file with the Commissioner a statement under oath or
13 affirmation of its president and secretary certifying that the captive insurance
14 company possessed the requisite unimpaired paid-in capital and surplus prior
15 to commencing business.
 Sec. 71. 8 V.S.A. § 6004(d) is amended to read:
    (d) Within 30 days after commencing business, each captive insurance
 company shall file with the Commissioner a statement under oath or
 affirmation of its president and secretary or, in the case of a captive insurance
 company formed as a limited liability company or as a reciprocal insurer, of
 two individuals authorized by the governing board certifying that the captive
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 insurance company possessed the requisite unimpaired, paid-in capital and
 surplus prior to commencing business.
1 Sec. 72. 8 V.S.A. § 6007(b) is amended to read:
2    (b) Prior to March 1 of each year, and prior to March 15 of each year in the
3 case of pure captive insurance companies, association captive insurance
4 companies, sponsored captive insurance companies, industrial insured captive
5 insurance companies, or agency captive insurance companies, each captive
6 insurance company shall submit to the Commissioner a report of its financial
7 condition, verified by oath or affirmation of two of its executive officers.
8 Each captive insurance company shall report using generally accepted
9 accounting principles, statutory accounting principles, or international
10 financial reporting standards unless the Commissioner requires, approves, or
11 accepts the use of any other comprehensive basis of accounting, in each case
12 with any appropriate or necessary modifications or adaptations thereof
13 required or approved or accepted by the Commissioner for the type of
14 insurance and kinds of insurers to be reported upon, and as supplemented by
15 additional information required by the Commissioner. As used in this section,
16 statutory accounting principles shall mean the accounting principles codified in
17 the NAIC Accounting Practices and Procedures Manual. Upon application for
18 admission, a captive insurance company shall select, with explanation, an
19 accounting method for reporting. Any change in a captive insurance
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1 company’s accounting method shall require prior approval. Except as
2 otherwise provided, each risk retention group shall file its report in the form
3 required by subsection 3561(a) of this title, and each risk retention group shall
4 comply with the requirements set forth in section 3569 of this title. The
5 Commissioner shall by rule propose the forms in which pure captive insurance
6 companies, association captive insurance companies, sponsored captive
7 insurance companies, and industrial insured captive insurance companies shall
8 report. Subdivision 6002(c)(3) of this title shall apply to each report filed
9 pursuant to this section.
 Sec. 72. 8 V.S.A. § 6007(b) is amended to read:
10    (b) Prior to March 1 of each year, and prior to March 15 of each year in
11 the case of pure captive insurance companies, association captive insurance
12 companies, sponsored captive insurance companies, industrial insured captive
13 insurance companies, or agency captive insurance companies, each captive
14 insurance company shall submit to the Commissioner a report of its financial
15 condition, verified by oath or affirmation of two of its executive officers or, in
16 the case of a captive insurance company formed as a limited liability company
17 or as a reciprocal insurer, of two individuals authorized by the governing
18 board. Each captive insurance company shall report using generally accepted
19 accounting principles, statutory accounting principles, or international
20 financial reporting standards unless the Commissioner requires, approves, or
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1 accepts the use of any other comprehensive basis of accounting, in each case
2 with any appropriate or necessary modifications or adaptations thereof
3 required or approved or accepted by the Commissioner for the type of
4 insurance and kinds of insurers to be reported upon, and as supplemented by
5 additional information required by the Commissioner. As used in this section,
6 statutory accounting principles shall mean the accounting principles codified
7 in the NAIC Accounting Practices and Procedures Manual. Upon application
8 for admission, a captive insurance company shall select, with explanation, an
9 accounting method for reporting. Any change in a captive insurance
10 company’s accounting method shall require prior approval. Except as
11 otherwise provided, each risk retention group shall file its report in the form
12 required by subsection 3561(a) of this title, and each risk retention group shall
13 comply with the requirements set forth in section 3569 of this title. The
14 Commissioner shall by rule propose the forms in which pure captive insurance
15 companies, association captive insurance companies, sponsored captive
16 insurance companies, and industrial insured captive insurance companies
17 shall report. Subdivision 6002(c)(3) of this title shall apply to each report filed
18 pursuant to this section, except that such subdivision shall not apply to reports
19 filed by risk retention groups.
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1 Sec. 73. 8 V.S.A. § 6024(c) is amended to read:
2    (c) A dormant captive insurance company that has been issued a certificate
3 of dormancy shall:
4***
5(2) prior to March 15 of each year, submit to the Commissioner a report
6 of its financial condition, verified by oath or affirmation of two of its executive
7 officers, in a form as may be prescribed by the Commissioner; and
8***
Sec. 73. 8 V.S.A. § 6024(c) is amended to read:
   (c) A dormant captive insurance company that has been issued a certificate
of dormancy shall:
  ***
  (2) prior to March 15 of each year, submit to the Commissioner a report
of its financial condition, verified by oath or affirmation of two of its executive
officers or, in the case of a captive insurance company formed as a limited
liability company or as a reciprocal insurer, of two individuals authorized by
its governing board, in a form as may be prescribed by the Commissioner; and
  ***
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1 Sec. 74. 8 V.S.A. § 6045 is amended to read:
2 § 6045. BRANCH CAPTIVE REPORTS
3    Prior to March 15 of each year, or with the approval of the Commissioner
4 within 75 days after its fiscal year-end, a branch captive insurance company
5 shall file with the Commissioner a copy of all reports and statements required
6 to be filed under the laws of the jurisdiction in which the alien captive
7 insurance company is formed, verified by oath or affirmation of two of its
8 executive officers. If the Commissioner is satisfied that the annual report filed
9 by the alien captive insurance company in its domiciliary jurisdiction provides
10 adequate information concerning the financial condition of the alien captive
11 insurance company, the Commissioner may waive the requirement for
12 completion of the captive annual statement for business written in the alien
13 jurisdiction.
14 Sec. 75. 8 V.S.A. § 7051 is amended to read:
15 § 7051. GROUNDS FOR REHABILITATION
16    The Commissioner may petition the Superior Court of Washington County
17 for an order authorizing him or her the Commissioner to rehabilitate a
18 domestic insurer or an alien insurer domiciled in this State on one or more of
19 the following grounds:
20***
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1(5) A person who in fact has executive authority in the insurer, whether
2 an officer, manager, general agent, director or trustee, employee, or other
3 person, has refused to be examined under oath or affirmation by the
4 Commissioner concerning the insurer’s affairs, whether in this State or
5 elsewhere; and, after reasonable notice of the allegation, the insurer has failed
6 promptly and effectively to terminate the employment and status of the person
7 and all his or her the person’s influence on management.
8***
9 Sec. 76. 8 V.S.A. § 7060(a) is amended to read:
10    (a) The liquidator shall have the power to:
11***
12(5) Hold hearings, subpoena witnesses to compel their attendance,
13 administer oaths and affirmations, examine any person under oath or
14 affirmation, and compel any person to subscribe to testimony after it has been
15 correctly reduced to writing; and in connection with such proceedings, require
16 the production of any books, papers, records, or other documents that he or she
17 the liquidator deems relevant to the inquiry.
18***
19 Sec. 77. 8 V.S.A. § 7075(c) is amended to read:
20    (c) At any time, the liquidator may request the claimant to present
21 information or evidence supplementary to that required under subsection (a) of
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1 this section and may take testimony under oath or affirmation, require
2 production of affidavits or depositions, or otherwise obtain additional
3 information or evidence.
4 Sec. 78. 8 V.S.A. § 7112 is amended to read:
5 § 7112. APPLICATION; FEE; PLAN
6***
7    (b) A plan shall include the following:
8***
9(5) Certificates issued by the domicile regulator of the transferring
10 insurer and, if applicable, of any controlling party that is a regulated insurance
11 company, in each case attesting to the good standing of the transferring insurer
12 and the controlling party under the insurance regulatory laws of the
13 jurisdiction of their respective domiciles; or, if any such certificate is not
14 obtainable under the laws or practices of a domicile regulator, a certificate of
15 the transferring insurer or the controlling party, as applicable, attesting to the
16 foregoing, verified by oath or affirmation of two of its executive officers.
17(6) A letter of no objection, or the equivalent, from the domicile
18 regulator of the transferring insurer confirming that the regulator has no
19 objection to the transfer of the closed block under the plan; or, if any such
20 certificate is not obtainable under the laws or practices of a domicile regulator,
21 a certificate of the transferring insurer or the controlling party, as applicable,
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1 attesting to the foregoing, verified by oath or affirmation of two of its
2 executive officers.
3***
4 Sec. 79. 8 V.S.A. § 13103(e)(4) is amended to read:
5(4) The temporary secretary shall make and attest a record of the
6 proceedings until the secretary has been chosen and sworn or affirmed,
7 including a record of such choice and qualification.
8 Sec. 80. 8 V.S.A. § 14405 is amended to read:
9 § 14405. POWERS AND DUTIES OF OFFICERS
10    In proceedings in the Probate Division of the Superior Court or elsewhere,
11 connected with authority exercised as executor, administrator, receiver,
12 assignee, trustee, or guardian, all accounts, returns, and other papers may be
13 signed and sworn to in or affirmed on behalf of such a financial institution
14 exercising trust powers by any officer thereof of the financial institution duly
15 authorized by it. The answers and examinations of that officer, under oath or
16 affirmation, shall be received as the answers and examinations of the financial
17 institution. The court may order and compel any and all officers of the
18 financial institution to answer and attend the examinations, in the same manner
19 as if they, personally, were parties to the proceeding or inquiry. Such a
20 financial institution shall not be required to receive or hold any property or
21 money or to execute any trust contrary to its own desire.
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1 Sec. 81. 8 V.S.A. § 30501(a) is amended to read:
2    (a) The Commissioner shall require each credit union to submit a quarterly
3 report of its condition within 30 days of following the end of each calendar
4 quarter in such manner and on such forms as the Commissioner may require.
5 Reports shall be verified to be true, correct, and complete by the oath or
6 affirmation of the person preparing the report.
7 Sec. 82. 8 V.S.A. § 31103(e)(3) is amended to read:
8(3) The temporary secretary shall make and attest to a record of the
9 proceedings until the secretary has been chosen and sworn or affirmed,
10 including a record of such choice and qualification.
11 Sec. 83. 8 V.S.A. § 31309 is amended to read:
12 § 31309. OATHS AND AFFIRMATIONS OF OFFICE; CERTIFICATE OF
13ELECTION
14    (a) Within 10 days after election to any position, each person so elected or
15 appointed shall execute an oath or affirmation of office by which he or she the
16 person agrees to accept, and diligently and faithfully to carry out, the duties
17 and responsibilities of the position to which he or she the person has been
18 elected and not negligently or willfully to violate, or permit to be violated, any
19 provision of this title or the bylaws of the credit union.
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1    (b) The chairperson of the governing body and the secretary shall execute a
2 certificate of election, which shall set forth the names and addresses of the
3 officers, directors, and committee members elected or appointed.
4    (c) The oath or affirmation of office and the certificate of election shall be
5 executed on forms prepared by the Department, and one copy of each shall be
6 filed with the Department within 15 days after the election or appointment.
7* * * Title 9 * * *
8 Sec. 84. 9 V.S.A. § 280 is amended to read:
9 § 280. NOTARIZATION AND ACKNOWLEDGMENT
10    If a law requires a signature or record to be notarized, acknowledged,
11 verified, or made under oath or affirmation, the requirement is satisfied if the
12 electronic signature of the person authorized to perform those acts, together
13 with all other information required to be included by other applicable law, is
14 attached to or logically associated with the signature or record.
15 Sec. 85. 9 V.S.A. § 2156 is amended to read:
16 § 2156. ASSIGNEE’S DUTIES
17    The assignee shall proceed with reasonable dispatch in the discharge of his
18 or her the assignee’s trust to the its completion of the same. When completed,
19 he or she the assignee shall file with the clerk of such the Superior Court for
20 the district in which the assignor resides a copy of the settlement of his or her
21 the assignee’s trust account showing in detail how he or she the assignee has
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1 administered the trust, which account shall be verified by the oath or
2 affirmation of the assignee as a true and just account, and the same shall
3 remain on file in such office for the inspection of the creditors of the assignor.
4 Sec. 86. 9 V.S.A. § 2157 is amended to read:
5 § 2157. APPLICATION TO SUPERIOR JUDGE FOR SETTLEMENT OF
6ACCOUNT BY ASSIGNEE
7    If, in the opinion of a creditor of the assignor named in the assignment, the
8 assignee neglects to settle his or her the assignee’s trust and file a copy of his
9 or her the assignee’s account with the county clerk of the Superior Court for
10 the district in which the assignor resides for an unreasonable length of time,
11 such creditor may apply to a Superior judge for an order upon the assignee to
12 settle the same and file with the clerk of such court a copy of his or her the
13 assignee’s trust account verified by oath or affirmation within such time as the
14 Superior judge deems proper.
15 Sec. 87. 9 V.S.A. § 2435(b) is amended to read:
16    (b) Notice of breach.
17***
18(3) A data collector or other entity subject to this subchapter shall
19 provide notice of a breach to the Attorney General or to the Department of
20 Financial Regulation, as applicable, as follows:
21***
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1(B)(i) The data collector shall notify the Attorney General or the
2 Department, as applicable, of the date of the security breach and the date of
3 discovery of the breach and shall provide a preliminary description of the
4 breach within 14 business days, consistent with the legitimate needs of the law
5 enforcement agency as provided in this subdivision (3) and subdivision (4) of
6 this subsection (b), of the data collector’s discovery of the security breach or
7 when the data collector provides notice to consumers pursuant to this section,
8 whichever is sooner.
9(ii) Notwithstanding subdivision (B)(i) of this subdivision (b)(3),
10 a data collector who, prior to the date of the breach, on a form and in a manner
11 prescribed by the Attorney General, had sworn or affirmed in writing to the
12 Attorney General that it maintains written policies and procedures to maintain
13 the security of personally identifiable information or login credentials and
14 respond to a breach in a manner consistent with Vermont law shall notify the
15 Attorney General of the date of the security breach and the date of discovery
16 of the breach and shall provide a description of the breach prior to providing
17 notice of the breach to consumers pursuant to subdivision (1) of this subsection
18 (b).
19***
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1 Sec. 88. 9 V.S.A. § 2460(a) is amended to read:
2    (a)(1) The Attorney General or a State’s Attorney, whenever he or she the
3 Attorney General or State’s Attorney has reason to believe any person to be or
4 to have been in violation of section 2453 of this title, or of any rule or
5 regulation made adopted pursuant to section 2453 of this title, may examine or
6 cause to be examined by any agent or representative designated by him or her
7 the Attorney General or State’s Attorney for that purpose, any books, records,
8 papers, memoranda, and physical objects of whatever nature bearing upon
9 each alleged violation, and may demand written responses under oath or
10 affirmation to questions bearing upon each alleged violation.
11(2) The Attorney General or a State’s Attorney may require the
12 attendance of such person or of any other person having knowledge in the
13 premises in the county where the person resides or has a place of business, or
14 in Washington County if the person is a nonresident or has no place of
15 business, within the State,; may take testimony and require proof material for
16 his or her the person’s information,; and may administer oaths and
17 affirmations or take acknowledgment in respect of with respect to any book,
18 record, paper, or memorandum.
19***
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1 Sec. 89. 9 V.S.A. § 2518(d)(1) is amended to read:
2    (d)(1) Civil investigation. Whenever the Attorney General has reason to
3 believe any person to be or to have been in violation of section 2517 of this
4 title, the Attorney General may examine or cause to be examined by any agent
5 or representative designated by the Attorney General for that purpose, any
6 books, records, papers, memoranda, and physical objects of whatever nature
7 bearing upon each alleged violation, and may demand written responses under
8 oath or affirmation to questions bearing upon each alleged violation. The
9 Attorney General may require the attendance of such person or of any other
10 person having knowledge in the county where such person resides or has a
11 place of business, or in Washington County if such person is a nonresident or
12 has no place of business within the State, and; may take testimony and require
13 proof material for his or her the person’s information,; and may administer
14 oaths and affirmations or take acknowledgement in respect of with respect to
15 any book, record, paper, or memorandum. The Attorney General shall serve
16 notice of the time, place, and cause of such examination or attendance, or
17 notice of the cause of the demand for written responses, at least 10 days prior
18 to the date of such examination, personally or by certified mail, upon such
19 person at his or her the person’s principal place of business, or, if such place is
20 not known, to his or her the person’s last known address. Any book, record,
21 paper, memorandum, or other information produced by any person pursuant to
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1 this subsection shall not, unless otherwise ordered by a court of this State for
2 good cause shown, be disclosed to any person other than the duly authorized
3 agent or representative of the Attorney General or a State’s Attorney or
4 another law enforcement officer engaged in legitimate law enforcement
5 activities, unless with the consent of the person producing the same. This
6 subsection shall not be applicable to any criminal investigation or prosecution
7 brought under the laws of this or any state.
8 Sec. 90. 9 V.S.A. § 2522 is amended to read:
9 § 2522. REGISTRATION
10    Every person who adopts and uses any trademark for the purpose of
11 designating, making known, and distinguishing any merchandise, goods,
12 wares, or other products of labor, manufactured, produced, compounded, sold,
13 or offered for sale in this State may, subject to the limitations hereafter set
14 forth in this chapter, file for record in the Office of the Secretary of State a
15 statement under oath or affirmation setting forth:
16***
17 Sec. 91. 9 V.S.A. § 2575 is amended to read:
18 § 2575. SEARCH WARRANT; JUDICIAL PROCEEDINGS
19    If a person or corporation that has complied with the provisions of section
20 2571 of this title, or the agent of such person or corporation, makes oath or
21 affirmation before a judge of a Criminal Division of the Superior Court that he
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1 or she the person, corporation, or agent has reason to believe and does believe
2 that a person has unlawfully in his or her that person’s possession or is
3 secreting a receptacle marked as provided in section 2571 of this title, the
4 judge, if satisfied that there is a reasonable cause for the belief, shall issue a
5 search warrant to discover and obtain the same, and may cause to be brought
6 before him or her the judge a person in whose possession such receptacle is
7 found, and shall inquire into the circumstances of the possession. If the judge
8 finds that the person is guilty of a willful violation of a provision of sections
9 2572–2574 of this title, he or she the judge shall impose the penalty prescribed
10 therein in the applicable section or sections, and award to the owner the
11 possession of the property taken upon the search warrant.
12 Sec. 92. 9 V.S.A. § 3044 is amended to read:
13 § 3044. EXEMPTIONS
14    The following foods shall not be subject to the labeling requirements of
15 section 3043 of this title:
16***
17(2) A raw agricultural commodity or processed food derived from it that
18 has been grown, raised, or produced without the knowing or intentional use of
19 food or seed produced with genetic engineering. Food will be deemed to be as
20 described in this subdivision only if the person otherwise responsible for
21 complying with the requirements of subsection 3043(a) of this title with
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1 respect to a raw agricultural commodity or processed food obtains, from
2 whomever sold the raw agricultural commodity or processed food to that
3 person, a sworn or affirmed statement that the raw agricultural commodity or
4 processed food has not been knowingly or intentionally produced with genetic
5 engineering and has been segregated from and has not been knowingly or
6 intentionally commingled with food that may have been produced with genetic
7 engineering at any time. In providing such a sworn or affirmed statement, any
8 person may rely on a sworn or affirmed statement from his or her the person’s
9 own supplier that contains the affirmation declaration set forth in this
10 subdivision.
11***
12 Sec. 93. 9 V.S.A. § 3045(b) is amended to read:
13    (b) A retailer shall not be held liable for failure to label a raw agricultural
14 commodity as required by section 3043 of this title, provided that the retailer,
15 within 30 days of any proposed enforcement action or notice of violation,
16 obtains a sworn or affirmed statement in accordance with subdivision 3044(2)
17 of this title.
18 Sec. 94. 9 V.S.A. § 3346 is amended to read:
19 § 3346. OATH OR AFFIRMATION, DUTIES, AND LIABILITIES OF
20INSPECTOR
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1    Before entering upon the duties of his or her the office, an inspector shall be
2 sworn or shall make an affirmation, and when called upon by a vendor,
3 purchaser, or by any officer mentioned in section 3348 of this title, to test such
4 oils, shall do so with reasonable dispatch by applying the fire test as indicated
5 and determined by Tagliabue’s pyrometer, or some instrument equally
6 accurate.
7* * * Title 9A * * *
8 Sec. 95. 9A V.S.A. § 3—505(b) is amended to read:
9    (b) A protest is a certificate of dishonor made by a United States consul or
10 vice consul, or a notary public or other person authorized to administer oaths
11 or affirmations, or both, by the law of the place where dishonor occurs. It may
12 be made upon information satisfactory to that person. The protest must
13 identify the instrument and certify either that presentment has been made or, if
14 not made, the reason why it was not made, and that the instrument has been
15 dishonored by nonacceptance or nonpayment. The protest may also certify
16 that notice of dishonor has been given to some or all parties.
17 Sec. 96. 9A V.S.A. § 9—607(b) is amended to read:
18    (b) If necessary to enable a secured party to exercise subdivision (a)(3) of
19 this section, the right of a debtor to enforce a mortgage nonjudicially, the
20 secured party may record in the office in which a record of the mortgage is
21 recorded:
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1***
2(2) the secured party’s sworn or affirmed affidavit in recordable form
3 stating that:
4***
5* * * Title 10 * * *
6 Sec. 97. 10 V.S.A. § 611(h) is amended to read:
7    (h) Before entering into his or her any duties, each commissioner of the
8 Agency shall take and subscribe an oath or affirmation to perform the duties of
9 his or her the office faithfully, impartially, and justly to the best of his or her
10 the individual’s ability. A record of the oath or affirmation shall be filed in the
11 Office of the Secretary of State.
12 Sec. 98. 10 V.S.A. § 2625(f) is amended to read:
13    (f) Appeals. If the exemption is denied or if authorization to proceed is
14 denied, the landowner shall have 30 days in which to file an appeal with the
15 Commissioner.
16(1) Upon the filing of an appeal, the Commissioner may appoint a
17 review team of natural resources professionals to visit the site, gather
18 information about the proposed heavy cut, and make recommendations to the
19 Commissioner. The Commissioner may also appoint a hearing officer to take
20 sworn or affirmed statements of the landowner, the review team, and other
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1 witnesses called by the landowner or the hearing officer, and make
2 recommendations to the Commissioner.
3***
4 Sec. 99. 10 V.S.A. § 4191 is amended to read:
5 § 4191. GAME WARDENS, NUMBER, RECORD
6    (a) The Commissioner, with the approval of the Governor, may employ a
7 chief game warden and as many State game wardens as may be required for
8 the proper enforcement of the fish and wildlife laws of the State. These
9 officers shall be included in the classified service created in 3 V.S.A. chapter
10 13. These officers and deputy game wardens employed as herein provided in
11 this subchapter shall be sworn or shall affirm to the faithful performance of
12 their duties. The Commissioner may appoint and employ for a limited time as
13 many deputy game wardens as deemed necessary. The number of game
14 wardens shall be determined by the Commissioner with the approval of the
15 Governor. A copy of the appointment and oath or affirmation of office of each
16 game warden and deputy shall be filed in the office of the Commissioner.
17***
18 Sec. 100. 10 V.S.A. § 4270 is amended to read:
19 § 4270. FUR BUYER’S RECORDS
20    Licensed dealers shall keep such records as the Commissioner may require.
21 Such These records shall be open to inspection by the Commissioner or his or
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1 her the Commissioner’s agents, and such a dealer shall, within 30 days after
2 the expiration of his or her the dealer’s license and upon request of the
3 Commissioner, file with the Commissioner a sworn or affirmed statement of
4 such record or such part thereof any record or portion of a record as the
5 Commissioner may require.
6 Sec. 101. 10 V.S.A. § 4454(d) is amended to read:
7    (d)(1) Prior to suspending a Vermont hunting, fishing, or trapping license
8 of a resident of this State under subsection (a) of this section, the
9 Commissioner shall notify the person in writing. A suspension shall be
10 deemed effective:
11***
12(3) At the hearing, the Commissioner or a hearing officer designated by
13 the Commissioner may:
14(A) administer oaths and affirmations;
15***
16 Sec. 102. 10 V.S.A. § 4508 is amended to read:
17 § 4508. SALE OF FORFEITED EQUIPMENT
18    Upon seizure of such firearm, jack, light, vehicle, or device without a
19 warrant, a game warden or other officer shall forthwith make complaint, under
20 oath or affirmation, subscribed by him or her a game warden or officer, to a
21 court or magistrate having jurisdiction of offenses hereunder under this title in
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 2025  Page 68 of 69
1 whose jurisdiction the same was item or items were seized. In the event, under
2 proceedings provided in sections 4503–4507 of this title, such that the device
3 is ordered forfeited and is a device not illegal in itself, such firearm, jack,
4 light, motor, or other vehicle or device, upon written order of such the court,
5 shall be sold by the Commissioner at public auction for the benefit of the State
6 by the Commissioner.
7 Sec. 103. 10 V.S.A. § 6027 is amended to read:
8 § 6027. POWERS
9(a) The Board and District Commissions shall have supervisory authority
10 in environmental matters respecting projects within their jurisdiction and shall
11 apply their independent judgment in determining facts and interpreting law.
12 Each shall have the power, with respect to any matter within its jurisdiction,
13 to:
14(1) administer oaths and affirmations, take depositions, subpoena and
15 compel the attendance of witnesses, and require the production of evidence;
16***
17* * * Purpose; Interpretation * * *
18 Sec. 104. PURPOSE; INTERPRETATION
19The purpose of this act is to expressly include the option of an affirmation
20 in each instance in which an oath or swearing is authorized or required
21 throughout Titles 1–10 of the Vermont Statutes Annotated (V.S.A.), except in
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 2025  Page 69 of 69
1 interstate compacts or as otherwise limited by law. The act also makes other
2 minor, technical amendments to the language of the affected statutes for
3 readability and consistency with V.S.A. style. It is the intent of the General
4 Assembly that the technical amendments in this act shall not supersede
5 substantive changes contained in other bills enacted by the General Assembly
6 during the current biennium. Where possible, the technical amendments in
7 this act shall be interpreted to be supplemental to other amendments to the
8 same sections of statute; to the extent the provisions conflict, the substantive
9 changes in other acts shall take precedence over the technical changes in this
10 act.
11* * * Effective Date * * *
12 Sec. 105. EFFECTIVE DATE
13    This act shall take effect on July 1, 2025.
 Sec. 105. EFFECTIVE DATE
    This act shall take effect on January 1, 2027.