S 275

 BILL AS INTRODUCED  S.275
 2026  Page 1 of 6
1S.275
2 Introduced by Senators Weeks, Collamore and Williams
3 Referred to Committee on
4 Date:
5 Subject: Cemeteries; vandalism; grant; fee
6 Statement of purpose of bill as introduced: This bill proposes to create the
7 Cemetery Vandalism Response Fund to assist in the repair of Vermont
8 cemeteries that have been vandalized.
9    An act relating to creation of the Cemetery Vandalism Response Fund
10 It is hereby enacted by the General Assembly of the State of Vermont:
11 Sec. 1. 18 V.S.A. § 5302 is amended to read:
12 § 5302. DEFINITIONS
13    As used in this chapter and unless otherwise required by the context:
14(1) “Agencies” means town cemeteries; religious or ecclesiastical
15 society cemeteries; cemetery associations; and any person, firm, corporation,
16 or unincorporated association engaged in the business of a cemetery.
17***
18(13) “Niche” means a recess in a columbarium used, or intended to be
19 used, for the permanent disposition of human remains of one or more deceased
20 persons.
                                                                   VT LEG #382720 v.2
 BILL AS INTRODUCED  S.275
 2026  Page 2 of 6
1(14) “Qualifying damage” means damage caused by acts of vandalism
2 that cannot be repaired by means of regular maintenance.
3(15) “Regular maintenance” means regular upkeep, including mowing
4 and tree removal.
5(16) “Temporary receiving vault” means a vault or crypt in a structure
6 of durable and lasting construction used, or intended to be used, for the
7 temporary deposit of the remains of a deceased person for a period of time not
8 exceeding one year.
9(17) “Vandalism” means the willful or malicious destruction or
10 defacement of property in a cemetery, such as the toppling of memorial stones
11 and damage to crypts, niches, grave sites, monuments, or memorials.
12 Sec. 2. 18 V.S.A. § 5324 is added to read:
13 § 5324. CEMETERY VANDALISM RESPONSE GRANTS
14    (a) The Vermont Old Cemetery Association (VOCA) shall provide grants
15 to an agency to repair vandalized cemeteries.
16    (b) Within 30 days after the discovery of an act of vandalism, as defined in
17 section 5302 of this title, an agency shall:
18(1) Report the act to VOCA either verbally or in writing.
19(2) Provide written notice to the lot owner or next of kin if damage was
20 done to a crypt, niche, grave site, monument, or memorial. The notice shall
21 advise the lot owner or next of kin to seek insurance benefits that may be
                                                                   VT LEG #382720 v.2
 BILL AS INTRODUCED  S.275
 2026  Page 3 of 6
1 available pursuant to a homeowner’s insurance policy. A copy of the notice
2 shall be maintained by the agency.
3    (c) Within six months after reporting an act of vandalism, the agency may
4 apply to VOCA for a grant to repair the qualifying damage.
5(1) The grant application shall include the following:
6(A) a description of the qualifying damage, photographs of the
7 qualifying damage, and the date that the report of vandalism was filed with
8 VOCA;
9(B) a copy of any letters, newspaper advertisements, or other
10 documented attempts to obtain funding for the repair from the family of the
11 deceased;
12(C) a copy of other reports relating to the act of vandalism filed in
13 accordance with law;
14(D) a copy of bids submitted by at least two contractors for the cost
15 of repairs; and
16(E) a statement signed by the cemetery commissioner or other proper
17 officer that the agency has no available funds that it is authorized to use for the
18 purpose of repair; that it has not been able to obtain sufficient funds from the
19 family of the deceased, including insurance benefits; and that the proposed
20 costs of the repairs are fair and reasonable.
                                                                     VT LEG #382720 v.2
 BILL AS INTRODUCED  S.275
 2026  Page 4 of 6
1(2) A VOCA representative shall review the qualifying damage within
2 90 days after receipt of a complete grant application and make a determination
3 based on the following factors:
4(A) whether there is qualifying damage;
5(B) severity of the qualifying damage;
6(C) whether the vandalism is part of a wave of vandalism;
7(D) emotional distress to visiting families;
8(E) appropriateness of prior use of payments from the Cemetery
9 Vandalism Response Fund;
10(F) priority of application based upon previous allocations; and
11(G) availability of monies within the Cemetery Vandalism Response
12 Fund.
13(3) Upon approval, the VOCA treasurer shall disburse funds directly to
14 the appropriate cemetery commissioner or other proper officer. The agency
15 shall apply all disbursements made by VOCA to the repair of the vandalized
16 property described in the vandalism grant application. Any funds remaining
17 after the repairs have been performed must be returned to VOCA for redeposit
18 to the Cemetery Vandalism Response Fund.
19(4) Within 90 days after receipt of disbursements, the agency shall make
20 a final report to VOCA. The final report shall include the repairs made and by
21 whom, the amount of funds expended, and the amount of funds to be returned
                                                                   VT LEG #382720 v.2
 BILL AS INTRODUCED  S.275
 2026  Page 5 of 6
1 to VOCA, if any. If the repairs have not been completed, the reason shall be
2 explained, and the anticipated date for a subsequent, final report shall be
3 provided. The report and any additional report shall be sworn by a cemetery
4 commissioner or other proper officer.
5 Sec. 3. 18 V.S.A. § 5325 is added to read:
6 § 5325. CEMETERY VANDALISM RESPONSE FUND
7    (a) Creation. The Cemetery Vandalism Response Fund is established to
8 provide grants to agencies to repair vandalized cemeteries. The Fund shall be
9 administered by the Vermont Old Cemetery Association (VOCA). Monies in
10 the Fund shall be used solely to provide cemetery vandalism response grants
11 pursuant to section 5324 of this title.
12    (b) Fees and Collection.
13(1) Every agency shall contribute $5.00 to the Cemetery Vandalism
14 Response Fund for each burial or cremation it performs. A contribution shall
15 not be collected upon the burial of the remains of a deceased person where a
16 contribution was collected upon cremation.
17(2) On or before January 15 of each year, every agency that has
18 performed a burial or cremation during the preceding calendar year shall
19 submit a check to VOCA for the total amount collected during the preceding
20 year toward payment to the Fund. Payment shall be accompanied by a
21 statement signed by a cemetery commissioner or other proper officer certifying
                                                                    VT LEG #382720 v.2
BILL AS INTRODUCED  S.275
2026  Page 6 of 6
1 the number of burials and cremations and the amount transmitted. Funds will
2 be disbursed to VOCA on January 31 of each year.
3 Sec. 4. CEMETERY VANDALISM RESPONSE FUND; INITIAL FEE
4COLLECTION
5   The Vermont Old Cemetery Association shall collect initial fees for the
6 Cemetery Vandalism Response Fund beginning on January 1, 2027, for each
7 burial or cremation occurring between July 1, 2026, and December 31, 2026.
8 Sec. 5. EFFECTIVE DATE
9   This act shall take effect on July 1, 2026.
                                                               VT LEG #382720 v.2