Title 22 — Libraries, History, and Information Technology

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Chapter 1 State Library [Repealed]

§§ 1-8 Repealed

[Repealed]

1969, No. 226 (Adj. Sess.), § 18, eff. March 31, 1970.

Chapter 2 Interstate Library Compact

Subchapter 1 Compact

§ 21 Policy and purpose—Article I

Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services that can be more economically or efficiently developed and maintained on a cooperative basis, and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.

(Added 1963, No. 119, § 2, eff. May 28, 1963.)

§ 22 Definitions—Article II

As used in this compact:

(a) “Public library agency” means any unit or agency of local or state government operating or having power to operate a library.

(b) “Private library agency” means any nongovernmental entity that operates or assumes a legal obligation to operate a library.

(c) “Library agreement” means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.

(Added 1963, No. 119, § 2, eff. May 28, 1963.)

§ 23 Interstate library districts—Article III

(a) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states that pursuant to this compact remain applicable, the district may establish, maintain, and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement. Any private library agency or agencies within an interstate library district may cooperate with; assume duties, responsibilities and obligations of; and receive benefits from the district as provided in any library agreement to which such agency or agencies become party.

(b) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.

(c) If a library agreement provides for joint establishment, maintenance, or operation of library facilities or services by an interstate library district, the district shall have power to do any one or more of the following in accordance with the library agreement:

(1) Undertake, administer, and participate in programs or arrangements for securing, lending, or servicing of books and other publications; any other materials suitable to be kept or made available by libraries; library equipment; or the dissemination of information about libraries, the value and significance of particular items in libraries, and the use of items.

(2) Accept for any of its purposes under this compact any and all donations and grants of money, equipment, supplies, materials, and services (conditional or otherwise), from any state of the United States or any subdivision or agency of a state, or interstate agency, or from any institution, person, firm, or corporation, and receive, utilize, and dispose of the same.

(3) Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district.

(4) Employ professional, technical, clerical, and other personnel and fix terms of employment, compensation, and other appropriate benefits; and, where desirable, provide for the in-service training of the personnel.

(5) Sue and be sued in any court of competent jurisdiction.

(6) Acquire, hold, and dispose of any real or personal property or any interest or interests in property as may be appropriate to the rendering of library service.

(7) Construct, maintain, and operate a library, including any appropriate branches of a library.

(8) Do such other things as may be incidental to or appropriate for the carrying out of any of the powers enumerated in this subsection.

(Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 24 Interstate library districts; governing board—Article IV

(a) An interstate library district that establishes, maintains, or operates any facilities or services in its own right shall have a governing board that shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board that shall be organized and conduct its business in accordance with the library agreement. But in no event shall a governing board meet less often than twice a year.

(b) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in any manner as the library agreement may provide.

(Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 25 State library agency cooperation—Article V

Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing, and disposition of items or collections of materials that, by reason of expense, rarity, specialized nature, or infrequency of demand would be appropriate for central collection and shared use. Any such programs, services, or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service, or arrangement shall contain provisions covering the subjects detailed in Article VI [section 26 of this title] of this compact for interstate library agreements.

(Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 26 Library agreements—Article VI

(a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:

(1) Detail the specific nature of the services, programs, facilities, arrangements, or properties to which it is applicable.

(2) Provide for the allocation of costs and other financial responsibilities.

(3) Specify the respective rights, duties, obligations, and liabilities of the parties.

(4) Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters that may be appropriate to the proper effectuation and performance of the agreement.

(b) No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to the agency by the constitution or statutes of its state.

(c) No library agreement shall become effective until filed with the compact administrator of each state involved, and approved in accordance with Article VII [section 27 of this title] of this compact.

(Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 27 Approval of library agreements—Article VII

(a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party to the agreement is situated, who shall determine whether the agreement is in proper form and compatible with the laws of the state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth in this compact and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted pursuant to this section within 90 days of its submission shall constitute an approval of the agreement.

(b) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provisions of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having the power of control and shall be approved or disapproved by the officer or agency as to all matters within the officer or the agency’s jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.

(Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 28 Other laws applicable—Article VIII

Nothing in this compact or in any library agreement shall be construed to supersede, alter, or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of the trust.

(Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 29 Appropriation and aid—Article IX

(a) Any public agency party to a library agreement may appropriate funds to the interstate library district established by the agreement in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which the public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.

(b) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which the district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.

(Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 30 Compact administrator—Article X

Each state shall designate a compact administrator with whom copies of all library agreements to which the state or any public library agency of the state is party shall be filed. The administrator shall have such other powers as may be conferred upon the administrator by the laws of the state and may consult and cooperate with the compact administrators of other party states and take the steps as may effectuate the purposes of this compact. If the laws of a party state so provide, the state may designate one or more deputy compact administrators in addition to its compact administrator.

(Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 31 Entry into force and withdrawal—Article XI

(a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment of the compact by that state.

(b) This compact shall continue in force with respect to a party state and remain binding upon the state until six months after the state has given notice to each other party state of the repeal of the compact. The withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided in the agreement.

(Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 32 Construction and severability—Article XII

This compact shall be liberally construed so as to effectuate the purposes of the compact. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability of the compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of the compact to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

(Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

Subchapter 2 Provisions Relating to Compact

§ 41 Town participation restricted

No town of this State may be a party to a library agreement that provides for the construction or maintenance of a library under Article III, subdivision (c-7) [section 23(c) (7). of this title] of the compact, nor pledge its credit in support of the library, or contribute to the capital financing of the library, except after compliance with any laws applicable to towns relating to or governing capital outlays and the pledging of credit.

(Added 1963, No. 119, § 3, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 42 State library agency defined

As used in the compact, “state library agency,” with reference to this State, means, the Department of Libraries and any department of State government providing library services.

(Added 1963, No. 119, § 4, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

§ 43 Compact administrator, appointment

The Governor shall appoint an officer of this State who shall be the compact administrator under Article X [section 30 of this title] of this compact.

(Added 1963, No. 119, § 5, eff. May 28, 1963.)

§ 44 Withdrawal, notices

In the event of withdrawal from the compact, the Governor shall send and receive any notices required by Article XI(b) [subsection 31(b) of this title] of the compact.

(Added 1963, No. 119, § 6, eff. May 28, 1963.)

Chapter 3 Public Libraries

Subchapter 1 Free Public Library Service

§§ 61-66 Repealed

[Repealed]

1969, No. 226 (Adj. Sess.), § 18, eff. March 31, 1970.

§ 67 Public libraries; statement of policy; use of facilities and resources

(a) The General Assembly declares it to be the policy of the State of Vermont that free public libraries are essential to the general enlightenment of citizens in a democracy and that every citizen of the State of Vermont should have access to the educational, cultural, recreational, informational, and research benefits of a free public library.

(b) The trustees, managers, or directors of a public library may use library resources as a community center. Community centers may serve as forums and exhibition areas for the exchange of ideas that encourage the growth of artistic, educational, literary, and scientific knowledge as well as the intercultural understanding of the Vermont citizenry. Public libraries may cooperate with community groups to provide these services.

(c) To ensure that Vermont libraries protect and promote the principles of free speech, inquiry, discovery, and public accommodation, it is necessary that the trustees, managers, or directors of free public libraries adopt policies that comply with the First Amendment to the U.S. Constitution and State and federal civil rights and antidiscrimination laws.

(Added 1997, No. 73 (Adj. Sess.), § 1; amended 2023, No. 150 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 68 Statutory purposes

The statutory purpose of the exemption for libraries in section 109 of this title is to aid libraries in offering free and public access to information and research resources.

(Added 2013, No. 200 (Adj. Sess.), § 12.)

§ 69 Public libraries; selection and reconsideration of library materials

A public library shall adopt a library material selection policy and procedures for the reconsideration and retention of library materials that complies with the First Amendment to the U.S. Constitution, the Civil Rights Act of 1964, State laws prohibiting discrimination in places of public accommodation, and that reflect Vermont’s diverse people and history, including diversity of race, ethnicity, sex, gender identity, sexual orientation, disability status, religion, and political beliefs. A public library may adopt as its policy a model policy adopted by the Department of Libraries pursuant to section 606 of this title.

(Added 2023, No. 150 (Adj. Sess.), § 2, eff. July 1, 2025.)

Subchapter 2 Incorporation of Libraries

§ 101 Definitions

As used in this chapter,

(1) “Municipality” means a town, city, or incorporated village only and shall not include school districts, incorporated school or fire districts, or any other governmental incorporated units.

(2) “Public library” means any library established and maintained by a municipality or by a private association, corporation, or group to provide basic library services free of charge to all residents of a municipality or a community and that receives its annual financial support in whole or in part from public funds.

(Amended 1989, No. 28, § 4.)

§ 102 General authority; procedure

(a) Trustees to whom real or personal property is devised, bequeathed, granted, conveyed, or donated for the foundation and establishment of a public library, may, unless otherwise provided by the devisor, grantor, or donor of the property, in order to promote the establishment, maintenance, and management of the library, form a corporation under the provisions of this section and section 103 of this title.

(b) The trustees may make, sign and acknowledge, and file in the office of the Secretary of State a statement in writing setting forth the intent of the trustees to form a corporation, a copy of the will or instrument by which the endowment of the library is provided, the name adopted for the corporation, which shall not be the name of a corporation already existing, and the name of the municipality in which the library and the principal place of business of the corporation will be located, the managers who may be designated trustees, managers, or directors of the corporation, and the names of the trustees, managers, or directors who are to constitute the original board and who shall hold office until their successors are elected and qualified as provided in section 106 of this title.

(c) The Secretary of State shall, upon receipt of the statement, issue to the incorporators, under seal, a certificate of which the statement shall be a part, declaring that the organization of the corporation is perfected. The incorporators shall record the certificate in the office of the county clerk of the county in which the library is to be located. Upon recording of the certificate, the corporation shall be deemed fully organized and may proceed to carry out its corporate purposes and receive by conveyance from the trustees the property provided for the endowment of the library. The corporation may hold the property in whatever form it was received or conveyed by the trustees, until that form is changed by action of the corporation.

(Amended 1989, No. 28, § 5; 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

§ 103 Powers generally

An organization formed under the provisions of section 102 of this title shall be a body corporate and politic to be known by the name stated in its certificate. It shall have and possess the ordinary rights and incidents of a corporation, and shall be capable of taking, holding, and disposing of real and personal estate for the purposes of its organization. The provisions of a will, deed, or other instrument by which an endowment of a library is provided, and accepted by the trustees, managers, or directors shall, as to the endowment, be a part of the organic and fundamental law of the corporation.

(Amended 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

§ 104 Public libraries; trustees, managers, or directors

The trustees, managers, or directors of the corporation shall compose its members and shall not be more than 15 nor less than five in number.

(Amended 1999, No. 148 (Adj. Sess.), § 79, eff. May 24, 2000; 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

§ 105 General powers

(a) The trustees, managers, or directors shall:

(1) elect the officers of the corporation from their number and have the control and management of the affairs, finances, and property of the corporation;

(2) adopt bylaws and policies governing the operation of the library;

(3) establish a library budget;

(4) hold regular meetings; and

(5) ensure compliance with the terms of any funding, grants, or bequests.

(b) The Trustees, managers, or directors may:

(1) accept donations and, in their discretion, hold the donations in the form in which they are given for the purposes of science, literature, and art germane to the objects and purposes of the corporation ; and

(2) in their discretion, receive by loan books, manuscripts, works of art, and other library materials and hold or circulate them under the conditions specified by the owners.

(Amended 1989, No. 28, § 6; 2023, No. 150 (Adj. Sess.), § 5, eff. July 1, 2024.)

§ 106 Vacancies

(a) The trustees, managers, or directors may fill by election vacancies occurring in their number.

(b) When a trustee, manager, or director is elected to fill a vacancy, a certificate under the seal of the corporation, giving the name of the person elected, shall be recorded in the office of the county clerk where the articles of incorporation are recorded.

(Amended 1963, No. 16, eff. March 20, 1963; 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

§ 107 Bylaws

The trustees, managers, or directors may make bylaws for the management of the corporation and library. The bylaws shall set forth the officers of the corporation and define and prescribe their respective duties.

(Amended 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

§ 108 Employment of agents and employees

The trustees, managers, or directors may appoint and employ from time to time agents and employees as they may deem necessary for the efficient administration and conduct of the library and all the affairs of the corporation.

(Amended 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

§ 109 Exemption from taxation

When the instrument providing the endowment declares that the institution shall be a free public library, the library and other property of the corporation shall be forever exempt from taxation.

(Amended 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

§ 110 Merger

Two or more library corporations in the same municipality or in different municipalities may, by a majority vote of the members of all the corporations, at meetings warned for that purpose, unite and assume the corporate name of any one of the corporations. The plan of incorporation shall contain articles necessary to carry out the provisions of this chapter.

(Amended 1989, No. 28, § 7; 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

§ 111 Protection of library property; penalties

(a) A library may recover in a civil action damages for detained or damaged library property, together with costs and reasonable attorney’s fees.

(b) A person who willfully damages, defaces, or removes without authorization any recording, book, or object available for public use or loan from a library or repository of public records or documents or who detains any library property for more than 30 days after a written notice to return the property has been mailed shall be fined not more than $ 500.00 for each offense. Each piece of library property shall be a single offense.

(Added 1989, No. 28, § 8.)

Subchapter 3 Municipal Libraries

§ 141 Establishment and maintenance

(a) A municipality may establish and maintain for the use of its residents public libraries.

(b) A municipality may provide library services to the residents of other municipalities, upon terms to be agreed upon, and may annually contract with a library or library corporation to furnish library materials to its residents free of charge and may appropriate money for that purpose and may annually appropriate money for the maintenance, care, increase, and support of a library held in trust for the residents of the municipality.

(Amended 1989, No. 28, § 10.)

§ 142 Appropriations

A municipality establishing and maintaining a library or contracting for library services may appropriate money as necessary for suitable facilities and for the foundation of a public library and shall appropriate money annually for the maintenance, care, and increase of the library in an amount voted at its annual meeting.

(Amended 1989, No. 28, § 11.)

§ 143 Trustees

(a) Unless a municipality that has established or shall establish a public library votes at its annual meeting to elect a board of trustees, the governing body of the municipality shall appoint the trustees. The appointment or election of the trustees shall continue in effect until changed at an annual meeting of the municipality. When trustees are first chosen, they shall be elected or appointed for staggered terms.

(b) The board shall consist of not fewer than five trustees who shall have full power to:

(1) manage the public library and any property that shall come into the hands of the municipality by gift, purchase, devise, or bequest for the use and benefit of the library;

(2) adopt bylaws and policies governing the operation of the library;

(3) elect officers;

(4) establish a library budget for consideration by the legislative body of the municipality for inclusion in the municipality’s budget;

(5) hold regular meetings; and

(6) ensure compliance with the terms of any funding, grants, or bequests.

(c) The board may appoint a director for the efficient administration and conduct of the library. A library director shall be under the supervision and control of the library board of trustees, unless the employee relationship is otherwise specified in the municipality’s charter or by written agreement between the legislative body of the municipality and the trustees.

(Amended 1989, No. 28, § 12; 2023, No. 150 (Adj. Sess.), § 6, eff. July 1, 2024.)

§ 144 Annual report

The trustees shall annually make a report to the annual meeting of the municipality of the condition of the library and of the management and expenditure of monies as have come into their hands.

(Amended 1989, No. 28, § 13.)

§ 145 When no trustee elected or appointed

When no trustees have been elected or appointed, monies raised for a library shall be paid out by an agent to be appointed by the governing body of the municipality until trustees are elected or appointed pursuant to section 143 of this title.

(Amended 1989, No. 28, § 14.)

§ 146 Public documents and volumes

(a) The governing body of the municipality may vote to place in the library a copy of any documents and volumes received by the municipality and also a copy of any documents and volumes received from the State, except library materials provided by law to be kept in the office of the town clerk, as it shall designate. These materials shall remain the property of the municipality, but their use shall be enjoyed by the library until the governing body votes otherwise.

(b) The State Librarian shall deliver to a public library that has been voted the use of documents owned by the municipality, the duplicate documents and volumes published or provided by the State that, in the judgment of the Board of Libraries, can be delivered without prejudice to the Department of Libraries. The documents and volumes shall remain the property of the State, but the library shall use them until the State Librarian is directed by law to demand their return to the Department of Libraries.

(c) When a public library exists in a municipality and is not established by it, the municipality may, at an annual meeting, by a two-thirds vote, make the provisions of subsection (a) of this section apply to the library; and, in case of such vote, the provisions of subsection (b) of this section shall apply to the library the same as if it were established and maintained by the municipality.

(Amended 1989, No. 28, § 15.)

Subchapter 4 State Aid

§§ 181-185 Repealed

[Repealed]

1969, No. 226 (Adj. Sess.), § 18, eff. March 31, 1970.

Subchapter 5 Traveling Libraries

§§ 221, 222 Repealed

[Repealed]

1969, No. 226 (Adj. Sess.), § 18, eff. March 31, 1970.

Chapter 4 Library Patron Records

§ 171 Definitions

As used in this chapter:

(1) “Library” means a public library as defined in subdivision 101(2) of this title; any college, university, or school library; or any other library or archive that is open on a regular basis and makes available on site or circulates materials to the public without a fee.

(2) “Patron registration records” means library records that contain information a library patron must provide in order to be eligible for borrowing privileges at a library.

(3) “Patron transaction records” means library records that contain names or other personal identifying information that discloses an individual’s activities within a library, including the materials that have been viewed in print or electronic form, research questions posed, materials in any format that the patron has requested through interlibrary loan or has borrowed, or any other library service or consultation that the patron has requested.

(Added 2007, No. 129 (Adj. Sess.), § 1.)

§ 172 Library record confidentiality; exemptions

(a) A library’s patron registration records and patron transaction records shall remain confidential.

(b) Unless authorized by other provisions of law, the library’s officers, employees, and volunteers shall not disclose the records except:

(1) with the written permission of the library patron to whom the records pertain;

(2) to officers, employees, volunteers, and agents of the library to the extent necessary for library administration purposes;

(3) in response to an authorized judicial order or warrant directing disclosure;

(4) to custodial parents or guardians of patrons under 12 years of age; or

(5) to the custodial parents or guardians of a student, in accordance with the federal Family Education Rights and Privacy Act, by the library at the school the student attends.

(c) Statistical records pertaining to the patronage, circulation activities, and use of any service or consultation the library provides, provided that they do not contain the names of patrons or any other personally identifying information, shall be exempt from the provisions of this chapter.

(Added 2007, No. 129 (Adj. Sess.), § 1; amended 2023, No. 85 (Adj. Sess.), § 244, eff. July 1, 2024; 2023, No. 150 (Adj. Sess.), § 3, eff. July 1, 2024.)

§ 173 Right of patron action

Any person whose confidential patron registration records or patron transaction records have been disclosed, except as provided in this chapter, is authorized to bring a civil action against the library that disclosed the records.

(Added 2007, No. 129 (Adj. Sess.), § 1.)

Chapter 5 Vermont Historical Society

§ 281 Members and trustees ex officio

The Secretary of State and the State Librarian, by virtue of their offices, shall be members of the Vermont Historical Society and of the Board of Trustees of the Society.

(Amended 1959, No. 80, § 1; 2007, No. 121 (Adj. Sess.), § 17; 2023, No. 85 (Adj. Sess.), § 245, eff. July 1, 2024.)

§ 282 Director

(a) Subject to the final approval of the Governor, the Board of Trustees shall employ and determine the salary of the Director of the Society.

(b) The Director shall have charge of the collections of the Society and any historical objects, books, and documents of the State as shall be placed with the Society for use.

(Amended 1959, No. 80, § 2; 1987, No. 7; 2023, No. 85 (Adj. Sess.), § 245, eff. July 1, 2024.)

§ 283 Expenditure of funds

The sums annually available for the Society shall be expended by the Director under the general supervision of the president for the purchase of books, pamphlets, manuscripts, and museum items relating particularly to the history of Vermont and for such other historical material as may be deemed best, for the publication of its proceedings and other matters of historical importance, for the payment of the salary of the Director and the salaries of other employees of the Society, for procuring portraits of deceased Governors and Lieutenant Governors not now possessed by the State, and for binding and preserving documents and other property of the Society.

(Amended 1959, No. 80, § 3.)

§ 284 Disposition of books, collections, and property

If the Society is ever dissolved, the Society’s books, collections, and property shall become the property of the State. The Society shall not sell or dispose of any part of its books or collections, except by way of exchange or to further the objects of the Society and then only upon the vote of the Board of Trustees of the Society. Any sale or disposal of books or collections contrary to the provisions of this section shall be void.

(Amended 1959, No. 80, § 4; 2023, No. 85 (Adj. Sess.), § 245, eff. July 1, 2024.)

§ 285 Classification of employees

Employees of the Vermont Historical Society shall be classified by the State classification system as if they were State employees and shall receive all general pay increases granted State employees.

(Added 1967, No. 137, § 1; amended 1973, No. 37, § 4.)

§ 286 Repealed

[Repealed]

1973, No. 37, § 5.

Chapter 7 Board of Historic Sites [Repealed]

§§ 341-349 Repealed

[Repealed]

1975, No. 109, § 6.

Chapter 8 Vermont Bicentennial Commission [Repealed]

§§ 361-365 Repealed

[Repealed]

1995, No. 188 (Adj. Sess.), § 4.

Chapter 8A Bicentennial Transportation Committee

§§ 371-375 [Omitted.]

Chapter 9 Public Records Commission [Repealed]

§§ 401-405 Repealed

[Repealed]

1959, No. 328 (Adj. Sess.), § 35(b).

Chapter 11 Public Records [Repealed]

§§ 451-457 Repealed

[Repealed]

2007, No. 96 (Adj. Sess.), § 5.

Chapter 13 Department of Libraries

Subchapter 1 General Provisions

§ 601 Appointment of State Librarian; powers and duties

(a) After consultation with the Board, the Secretary of Administration, with the approval of the Governor and with the advice and consent of the Senate, shall appoint a State Librarian for an indefinite term. The Secretary, after consultation with the Board, may remove the State Librarian from office. Any person appointed State Librarian must be a professional librarian and must possess a degree in library science from an institution accredited by the American Library Association. The State Librarian shall serve as the administrative head of the Department of Libraries and shall serve as Secretary to the Board of Libraries but shall not be a member of the Board.

(b) As administrative head of the Department of Libraries, the State Librarian may appoint and engage employees subject to the provisions of 3 V.S.A. chapter 13.

(c) The State Librarian shall distribute, in accordance with 22 V.S.A. § 611, the following State publications: Acts and Resolves of the General Assembly; the legislative directory; the Vermont Statutes Annotated, including cumulative pocket part supplements when issued; and the journals of the Senate and House of Representatives. The State Librarian shall maintain records of all documents that he or she distributes.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 10, eff. May 6, 1996; 2017, No. 100 (Adj. Sess.), § 4; 2021, No. 53, § 4.)

§ 602 Board of Libraries

A Board of Libraries, referred to in this chapter as “the Board”, is established. The Board shall serve in an advisory capacity to the State Librarian. The Board shall consist of seven members appointed by the Governor with the advice and consent of the Senate. At the time of appointment of the initial Board, one member shall be appointed for a term of one year, two members for terms of two years, two for three years, and two for four years. Thereafter, all appointments shall be for a term of four years. The Governor may appoint a member to replace any member of the Board who dies or resigns, to serve for the balance of the unexpired term of office. No person shall be appointed to the Board for more than two full terms, consecutive or otherwise. In making appointments to the Board, the Governor shall, as the Governor finds feasible, consult with educational officials, librarians and library administrators, the Vermont Bar Association, or other segments of the population.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 9, eff. May 6, 1996.)

§ 603 Officers; meetings

The Board shall elect annually a chair and a vice chair. The Chair shall preside at meetings of the Board; the Vice Chair shall preside in the absence of the Chair. The Secretary shall record the votes and proceedings of the Board.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; 1995, No. 148 (Adj. Sess.), § 14(a).)

§ 604 Repealed

[Repealed]

2021, No. 53, § 8(2).

§ 605 Duties and functions of the Department of Libraries

The duties and functions of the Department of Libraries shall be to provide, administer, and maintain:

A law library to serve the Supreme Court, the Attorney General, other members of the Judiciary, the legal profession, members of the General Assembly, officials of State government, and the general public.

(2) A collection of federal documents.

(3) An information and reference service to State government, including a comprehensive collection of current information relating to matters of public policy and topics pertinent to State government.

(4) A general library collection of a sufficient size and scope to reinforce and supplement the resources of local and regional libraries. All materials of the Department of Libraries shall be available for free circulation to all citizens, institutions, and organizations under procedures adopted by the State Librarian except that the State Librarian may restrict rare or reference-type materials to one location. The Department shall arrange, classify, and catalog all materials in its custody and provide for their safekeeping and shall rebind books as needed. The Department shall provide service to other libraries in the State, schools, and individuals and may provide service by mail or book wagon or otherwise.

(5) A service of advice and consultation to all libraries in the State, in order to assist them in realizing their potential. This service shall be provided at a regional level as well as at the State level. The Department may provide centralized cataloging and other related technical services to libraries in the State to the extent feasible.

(6) All libraries in State correctional institutions and all State institutions for the treatment of persons with a mental condition or psychiatric disability and persons with an intellectual disability.

(7) Reading materials for persons who are blind and persons with a physical disability.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1971, No. 162 (Adj. Sess.), § 1; 2013, No. 96 (Adj. Sess.), § 140; 2021, No. 53, § 5; 2023, No. 85 (Adj. Sess.), § 246, eff. July 1, 2024.)

§ 606 Other duties and functions

The Department, in addition to the functions specified in section 605 of this title:

(1) Shall administer any grants-in-aid to libraries that may be available from State funds, and may prepare plans and applications to obtain federal aid monies that may be available.

(2) Shall provide consultative services to other libraries in the State, and shall encourage formation of central records of library holdings.

(3) Shall promote improved communications among libraries in the State as well as cooperative use of facilities.

(4) May provide facilities in cooperation with other libraries for storage of little-used materials.

[Subdivision (5) effective until January 1, 2025; see also subdivision (5) effective January 1, 2025 set out below.]

(5) May conduct seminars, workshops, and other programs to increase the professional competence of librarians in the State.

[Subdivision (5) effective January 1, 2025; see also subdivision (5) effective until January 1, 2025 set out above.]

(5) Shall provide a continuing education program for a Certificate in Public Librarianship. The Department shall conduct seminars, workshops, and other programs to increase the professional competence of librarians in the State.

(6) May receive and administer gifts of real and personal property accepted by the Governor on behalf of the State under 29 V.S.A. § 101.

(7) May dispose of by sale or exchange, or may discard, material that is obsolete or has ceased to be useful, because of its physical condition or otherwise. Any proceeds from the sale or disposition of materials shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department for the purchase of library materials.

[Subdivision (8) effective until January 1, 2025; see also subdivision (8) effective January 1, 2025 set out below.]

(8) Shall be the primary access point for State information, and provide advice on State information technology policy.

[Subdivision (8) effective January 1, 2025; see also subdivision (8) effective until January 1, 2025 set out above.]

(8) Shall provide advice on State information technology policy.

[Subdivisions (9) through (11) effective January 1, 2025.]

(9) May develop and adopt model policies for free public libraries concerning displays, meeting room use, patron behavior, internet use, library materials selection, and other relevant topics, as well as procedures for the reconsideration and retention of library materials, to ensure compliance with the First Amendment to the U.S. Constitution, the Civil Rights Act of 1964, and Vermont laws prohibiting discrimination in places of public accommodation.

(10) Shall adopt a material selection policy and procedures for reconsideration and retention that reflect Vermont’s diverse people and history, including diversity of race, ethnicity, sex, gender identity, sexual orientation, disability status, religion, and political beliefs.

(11) May develop best practices and guidelines for public libraries and library service levels.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), §§ 4(a), 11, eff. May 6, 1996; 1997, No. 59, § 15, eff. June 30, 1997; 2009, No. 33, § 44; 2009, No. 91 (Adj. Sess.), § 10, eff. May 6, 2010; 2023, No. 150 (Adj. Sess.), § 7, eff. January 1, 2025.)

§ 607 Actions to recover books

The Attorney General, at the request of the State Librarian, shall institute appropriate legal proceedings in the name of the State for the recovery of books or materials of the Department unlawfully taken or withheld by others.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970.)

§ 608 Audio-Visual Revolving Fund

There is established within the Department of Libraries a revolving fund for the audio-visual services unit to cover expenses of distribution of audio-visual materials. Receipts to the fund shall be from postage or delivery charges assessed by the Department to users of materials from this unit.

(Added 1981, No. 108, § 323.)

§ 609 Repealed

[Repealed]

2011, No. 33, § 13(2).

§ 610 Nonprofit foundation for public library services

The State Librarian is authorized to establish a nonprofit foundation for the purpose of raising funds from private sources to enhance public library services in Vermont. All funds from private sources shall be used for grants to Vermont public libraries as defined by section 101 of this title to further any purpose considered to be in harmony with the original purpose of the gift. The State Librarian shall not spend more than $5,000.00 of appropriated funds in any one fiscal year to establish and to administer the nonprofit foundation. No funds raised from private sources shall be used by the State Librarian to replace funds appropriated for the operation of the Department of Libraries.

(Added 1999, No. 152 (Adj. Sess.), § 30a; amended 2009, No. 33, § 45.)

§ 611 Acts and Resolves; Vermont Statutes Annotated; distribution

(a) The State Librarian shall deliver the Acts and Resolves as follows: to the Secretary of State, six copies; to the Clerk of the U.S. Supreme Court for the use of the Court, one copy; to the Governor’s Office and to the Governor and Lieutenant Governor, one copy each; to the Library of Congress, four copies; and upon request to other public officials and offices as quantities allow.

(b) The State Librarian shall distribute the copies of Vermont Statutes Annotated and any cumulative pocket part supplements, when issued, as follows:

(1) one each to the Governor, Lieutenant Governor, Speaker of the House of Representatives, the State Treasurer, Secretary of State, Auditor of Accounts, Adjutant General, Commissioner of Buildings and General Services, Commissioner of Taxes, Sergeant at Arms, and the head of each administrative department;

(2) four copies to the Attorney General; and

(3) upon request to each of the following:

(A) one to each town clerk;

(B) three to each county clerk;

(C) one to each Probate judge;

(D) two to the Clerk of the Supreme Court;

(E) one to each ex-Justice and Justice of the Supreme Court, Superior judge, and State’s Attorney;

(F) two to the judge of the Second Circuit U.S. Court of Appeals from Vermont; and

(G) four to the U.S. district judges for the District of Vermont.

(c) Upon request, the State Librarian shall give:

(1) one copy of the Vermont Statutes Annotated and any cumulative pocket part supplements to a bar association, university, college, or public library that is located in Vermont; or

(2) one copy of the Acts and Resolves or the Vermont Statutes Annotated and any cumulative pocket part supplements to a member of the General Assembly.

(d) Additional copies may be sold to parties identified in this section at a price to be fixed by the State Librarian, provided that the sale is permitted by the publishing contract.

(Added 2021, No. 53, § 6.)

Subchapter 2 Aid to Local Libraries

§ 631 General provisions

On application by the Board of Trustees of a public library in a town, city, or incorporated village not having a free public library owned and controlled by such town, city, or village, the State Librarian may expend $100.00 of the monies annually available for the purposes of this chapter, for books for such town, city, or village, and shall select and purchase books for the purpose of establishing a free public library in that town, city, or village.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996.)

§ 632 Requirements

A town, city, or incorporated village shall not be entitled to the benefits of section 631 of this subchapter unless the following conditions are met:

(1) the town, city, or village has elected a Board of Library Trustees as provided in chapter 3 of this title;

(2) the town, city, or village has voted to instruct its Trustees to apply to the State Librarian for the benefits set forth in section 631 of this subchapter; and

(3) the Trustees have provided, in a manner satisfactory to the Board of Libraries, for the care, custody, and distribution of the books furnished under this subchapter.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996; 2023, No. 85 (Adj. Sess.), § 247, eff. July 1, 2024.)

§ 633 Appropriation by municipality

A town, city, or incorporated village voting to instruct its Board of Library Trustees to make application to the State Librarian under section 631 of this title shall annually appropriate for the maintenance of its free public library a sum not less than $50.00, if its grand list is $10,000.00 or over, or a sum not less than $25.00, if its grand list is less than $10,000.00 and not less than $2,500.00, or a sum not less than $15.00 if its grand list is less than $2,500.00. The selectboard of such town or the trustees of such village shall annually, in the month of September, draw an order on the treasurer of the town or village, payable to such trustees, for the amount of such appropriation, without the town, city, or village having voted such appropriation.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996.)

§ 634 Aid to free public libraries

The State Librarian may assist free public or other nonprofit libraries that formulate and implement plans for the systematic and effective coordination of libraries and library services. Grants may be made in accordance with standards of the service, consistent with 20 U.S.C. chapter 72, subchapter II.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996; 2023, No. 85 (Adj. Sess.), § 248, eff. July 1, 2024.)

§ 635 Requirements

If the Board of Trustees of a free public library, any part of whose books has been paid for with State funds, fails to provide for the safety and public usefulness of such books or fails to pay the annual appropriation in accordance with section 633 of this title, the State Librarian shall notify in writing the trustees of such library as to the requirements of the State Librarian in respect to such books. If such trustees neglect to comply with such requirements for 60 days after the serving of such notice, such books shall thereafter be under the full control of the State Librarian.

(Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970.)

Chapter 14 Historic Preservation

Subchapter 1 General Provisions

§ 701 Definitions

For the purposes of this chapter:

(1) “Council” means the Vermont Advisory Council on Historic Preservation.

(2) [Repealed.]

(3) “Division” means the Division for Historic Preservation.

(4) “Field investigations” means the study of the traces of human culture at any land or water site by means of surveying, digging, sampling, excavating, or removing surface or subsurface objects or going on a site with that intent.

(5) “Historic preservation” means the research, protection, restoration, and rehabilitation of buildings, structures, objects, districts, areas, and sites significant in the history, architecture, archaeology, or culture of this State, its communities, or the nation.

(6) “Historic property” or “resource” means any building, structure, object, district, area, or site that is significant in the history, architecture, archaeology, or culture of this State, its communities, or the nation.

(7) “Secretary” means the Secretary of Commerce and Community Development.

(8) “Site” means any aboriginal mound, fort, earthwork, village location, burial ground, historic or prehistoric ruin, mine, cave, or other location that is or may be source of important archaeological data.

(9) “Specimen” means a relic, artifact, remain, object, or any other evidence of a historical, prehistorical, archaeological, or anthropological nature, which may be found on or below the surface of the earth, and which has scientific or historical value as an object of antiquity, as an aboriginal relic, or as an archaeological sample.

(10) “Underwater historic property” means any shipwreck, vessel, cargo, tackle, or underwater archaeological specimen, including and found at refuse sites or submerged sites of former habitation, that has remained unclaimed for more than 10 years on the bottoms of any waters.

(Added 1975, No. 109, § 4; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2001, No. 35, § 8; 2023, No. 85 (Adj. Sess.), § 249, eff. July 1, 2024.)

Subchapter 3 Division for Historic Preservation

§ 721 Creation of Division

The Division for Historic Preservation is created under 3 V.S.A. § 2473 to coordinate historic preservation activities on behalf of the State.

(Added 1975, No. 109, § 4; amended 1995, No. 190 (Adj. Sess.), § 4.)

§ 722 State Historic Preservation Officer

The Secretary shall nominate and the Governor shall appoint a State Historic Preservation Officer, with the advice and consent of the Senate, who shall fulfill the obligations and requirements of a State Historic Preservation Officer as required under federal law, and shall have demonstrated interest, knowledge, and experience in applying the principles of historic preservation to his or her professional work. The State Historic Preservation Officer shall supervise and direct the Division for Historic Preservation, subject to the general supervision and direction of the Secretary.

(Amended 1995, No. 46, § 42; 2001, No. 35, § 2.)

§ 723 Duties and powers of Division and State Historic Preservation Officer

(a) The State Historic Preservation Officer shall, through the administration of the Division, and where required by section 742 of this title, with the approval of the Advisory Council on Historic Preservation:

(1) Undertake a statewide survey to identify and document historic properties and sites yielding or likely to yield archaeological and anthropological information.

(2) Adopt standards for the listing of an historic property on the State Register consistent with the standards of the National Register and the relevant federal standards of preservation and care.

(3) Prepare and maintain a State Register of Historic Properties and maintain a nonpublic electronic archaeological inventory database. The Division shall take all measures necessary to ensure the security and protection of archaeological site locations that are accessible through the database, and to ensure that electronic access to this database is limited to authorized persons for authorized activities.

(4) Prepare a State Historic Preservation Plan and review and revise that Plan annually.

(5) Cooperate with federal, State, and local government agencies in the planning and conduct of specific undertakings affecting historic properties and preservation objectives and in the implementation of federal and State laws pertaining to local and regional planning and development, land use planning, and environmental protection.

(6) Establish standards and criteria for the acquisition of historic properties and for the preservation, restoration, maintenance, and operation of properties under the control of the Division.

(7) Provide technical and financial assistance to others involved in historic preservation activities in accord with the preservation criteria of the Division and preservation priorities outlined in the Historic Preservation Plan.

(8) Develop a continuing program of historical, architectural, and archaeological research and development to include surveys, excavation, scientific recording, interpretation, and publication of the historical, architectural, archaeological, and cultural resources of the State.

(9) Maintain, develop, and interpret State-owned historic properties.

(10) Adopt rules under the provisions of 3 V.S.A. chapter 25 to carry out the purposes of this chapter.

(11) Adopt and implement by June 30, 1990, a policy for notifying the property owners and the legislative body of a municipality in which is located an archaeological or historic resource that is being considered for inclusion in the State Register of Historic Properties. This policy shall provide that the Division shall hold a public hearing if the affected municipality requests a hearing.

(b) The Division may:

(1) For the purpose of protecting or preserving any historic property, acquire, preserve, restore, hold, maintain, operate, or dispose of such properties, together with such adjacent or associated lands as may be necessary for their protection, preservation, maintenance, or operation. The property may be real or personal in nature, and in the case of real property, the acquisition may include the fee or any lesser interest therein. Property may be acquired by gift, grant, bequest, devise, lease, purchase, or otherwise. Property may be acquired by the Division using such funds as may be appropriated for the purpose or monies available to it from any other source.

(2) In the case of real property, the interest acquired shall be limited to that estate, agency, interest, or term deemed by the Division to be necessary for the continued protection or preservation of the property. The Division may acquire the fee simple title, but where it finds that a lesser interest, including any development right, negative or affirmative easement in gross or appurtenant covenant, lease, or other contractual right of or to any real property to be the most practical and economical method of protecting and preserving historical property, the lesser interest may be acquired. Any historic property acquired, whether in fee or otherwise, may be used, maintained, improved, restored, or operated by the Division consistent with the purpose of the continued preservation of the property.

(3) Acquire or dispose of the fee or lesser interest to any historic property, including adjacent and associated lands, for the specific purpose of conveying or leasing the property back to its original owner or to any other person under covenants, deed restrictions, lease, or other contractual arrangements that limit the future use of the property to ensure its preservation. In all cases where property is conveyed, it shall be subject to rights of access, public visitation, and other conditions or restrictions of operation, maintenance, restoration, and repair that the Division may prescribe or may be agreed upon between the Division and the grantee or lessee to accomplish the purposes of this section. In the event that the Division intends to dispose of any historic property in fee, the transaction shall first be approved by the General Assembly.

(4) Enter into and carry out contracts with the federal government or any agency thereof under which the government or agency grants financial or other assistance to the Division to further the purposes of this chapter. The Division may agree to and comply with any reasonable conditions not inconsistent with State law that are imposed on those grants. The grant funds or other assistance may be accepted from a federal government or agency and expended whether or not pursuant to a contract. The Division may further enter into and carry out contracts with municipalities and with any other person to further the purposes of this chapter.

(c) The State Historic Preservation Officer and the Division shall adopt a procedure for the efficient review in accordance with this chapter and the National Historic Preservation Act, 16 U.S.C. chapter 1A, subchapter II, of undertakings related to the provision of broadband services, and shall take all feasible steps to effect such efficient review. Unless contrary to federal requirements, any review of pole attachments shall be conducted using a systemic approach.

(Added 1975, No. 109, § 4; amended 1979, No. 61, § 1; 1989, No. 194 (Adj. Sess.), § 1, eff. May 21, 1990; 1995, No. 46, §§ 43, 44; 2001, No. 35, § 3; 2009, No. 47, § 3; 2011, No. 53, § 7, eff. May 27, 2011; 2023, No. 85 (Adj. Sess.), § 250, eff. July 1, 2024.)

§ 724 Historic preservation special funds

(a) Historic preservation special funds. The Historic Sites Operations Special Fund is established pursuant to 32 V.S.A. chapter 7, subchapter 5 to be used by the Division for Historic Preservation to carry out the provisions of subdivisions 723(a)(9) and (b)(1) of this title. Revenues to the Fund shall be from the following sources:

(1) Receipts from ticket sales at and fees for rental of State-owned historic sites. Notwithstanding 32 V.S.A. § 603(2), fees for admission to and rentals of historic sites shall be set by the State Historic Preservation Officer, with the approval of the Commissioner of Housing and Community Development, in a manner that both maximizes revenues and promotes the tourism purposes of historic sites, but not to exceed $12.00 for a single admission. This not-to-exceed amount shall not apply to the rental of an historic site or admission to an historic site for a special event. These fees shall be reported in accordance with 32 V.S.A. § 605.

(2) Transfers from the accounts of gift shops operated at State-owned historic sites.

(3) Appropriations by the General Assembly, gifts, grants, and other donations and monies from any other source received for historic sites.

(4) Income from trust funds held by the Treasurer.

(5) Revenues from the sale of publications.

(b) Archaeology Operations Special Fund. The Archaeology Operations Special Fund is established pursuant to 32 V.S.A. chapter 7, subchapter 5 to be used by the Division for Historic Preservation for cost recovery related to activities undertaken by the Division to carry out the provisions of sections 723, 761, and 762 of this title. Revenues to the Fund shall be from the following sources:

(1) Fees paid for electronic access to the nonpublic archaeological inventory database. The fee shall be $250.00 per year for each authorized person unless the State Historic Preservation Officer determines that the fee may be paid on a pro rata basis.

(2) A $500.00 one-time fee for each archival box (standard banker box size) of archaeological collection for the care and maintenance of such materials at the Vermont Archaeological Heritage Center in perpetuity paid by any person involved in a federally or State funded, licensed, permitted, or approved project. This fee shall be paid on a pro rata basis for one-half and one-quarter boxes.

(3) Appropriations by the General Assembly, gifts, grants, and other donations and monies from any other source received for archaeology activities and services performed by the Division for Historic Preservation.

(c) Use for intended purposes. The Division for Historic Preservation shall ensure that donations and gifts are used for the purposes intended.

(Added 1987, No. 89, § 306; amended 1997, No. 59, § 27, eff. June 30, 1997; 2007, No. 192 (Adj. Sess.), § 6.006, eff. June 7, 2008; 2009, No. 47, § 4; 2013, No. 191 (Adj. Sess.), § 6; 2023, No. 85 (Adj. Sess.), § 251, eff. July 1, 2024.)

§ 725 Acceptance of funds or gifts for historic sites and Vermont Archaeology Heritage Center

With the approval of the Secretary of Administration, the State Historic Preservation Officer may accept grants, gifts, donations, loans, or other things of value on behalf of the Division for Historic Preservation for use by the Division for Historic Preservation in establishing and maintaining displays and exhibits at any historic site and at the Vermont Archaeology Heritage Center, or restoring any historic site maintained and developed under section 723 of this chapter.

(Added 1995, No. 46, § 51; amended 2001, No. 35, § 4; 2007, No. 192 (Adj. Sess.), § 6.007, eff. June 7, 2008.)

Subchapter 5 Advisory Council on Historic Preservation

§ 741 Creation of Advisory Council

(a) There is established the Vermont Advisory Council on Historic Preservation. The Council shall consist of seven members, appointed by the Governor, at least four of whom shall fulfill the professional requirements of the National Historic Preservation Act.

(b) The members shall serve for terms of three years or until their successors are appointed.

(Added 1975, No. 109, § 4; amended 1979, No. 61, § 2; 2023, No. 85 (Adj. Sess.), § 252, eff. July 1, 2024.)

§ 742 Duties and powers of the Council

(a) The Council shall:

(1) Approve nominations to the State and National Registers of Historic Places.

(2) Review and approve the State survey of historic properties undertaken in accordance with the provisions of this chapter.

(3) Review and approve the content of the State Preservation Plan developed in accordance with the provisions of this chapter.

(4) Approve the removal of properties from the State register.

(5) Recommend the removal of properties from the National Register.

(6) Review and approve projects to receive federal and State grants-in-aid for historic preservation.

(7) Provide an advisory and coordinative mechanism by which State undertakings of every kind that are potentially deleterious to historic preservation may be discussed, and, where possible, resolved, giving due consideration to the competing public interests that may be involved. The head of any State agency or department having direct or indirect jurisdiction over a proposed State or State-assisted undertaking, or independent agency having authority to build, construct, license, permit, authorize, or approve any undertaking, shall, prior to the approval of the State funds for the undertaking, or prior to any approval, license, permit, or authorization as the case may be, take into account the effect of the undertaking on any historic property that is included in the State Register of Historic Places. Where, in the judgment of the Council such undertaking will have an adverse effect upon any listed district, area, site, building, structure, or object, the head of the State agency or department shall afford the Council reasonable opportunity to comment with regard to the undertaking.

(8) Advise on any participation in the review of federal, federally assisted, and federally licensed undertakings that may affect historic properties and sites and approve any participation in the review of nonfederal undertakings, including proceedings under the State land use and development act (10 V.S.A. chapter 151).

(b) The Council may provide testimony relating to the historical, architectural, and archaeological significance of State register and national register sites.

(Added 1975, No. 109, § 4; amended 1979, No. 61,§§ 3, 4.)

§ 743 Cooperation of agencies

An agency, department, division, or commission shall:

(1) Consult the Vermont Advisory Council on Historic Preservation before demolishing, altering, or transferring any property that is potentially of historical, architectural, archaeological, or cultural significance, including any property listed on the State register. An agency, department, division, or commission shall submit its annual capital improvement plan to the Council.

(2) Initiate measures and procedures to provide for the maintenance, through preservation, rehabilitation, or restoration, of properties under its ownership that are listed on the State or National Register; the measures and procedures shall comply with applicable standards prescribed by the Division for Historic Preservation.

(3) Develop plans for the maintenance, through preservation, rehabilitation, or restoration, of historic properties under their ownership in a manner that is compatible with preservation objectives and that does not result in an unreasonable economic burden to public interest.

(4) Institute procedures to ensure that its plans, programs, codes, and rules contribute to the preservation and enhancement of sites, structures, and objects of historical, architectural, archaeological, or cultural significance.

(Added 1975, No. 109, § 4; amended 2023, No. 85 (Adj. Sess.), § 253, eff. July 1, 2024.)

Subchapter 7 Protection of Archaeological Information

§ 761 State Archaeologist; survey; protection of archaeological sites

(a) The State Historic Preservation Officer shall employ a State Archaeologist through the classified service who shall conduct and maintain a survey of sites of archaeological and anthropological specimens located within the State. The State Archaeologist shall make the survey available to agencies of the State government that, in his or her opinion, may conduct activities that may affect these archaeological or anthropological sites.

(b) All information regarding the location of archaeological sites and underwater historic properties shall be confidential except that the State Archaeologist shall provide this information to qualified individuals or organizations, public agencies and nonprofit organizations for archaeological and scientific research or for preservation and planning purposes when the State Archaeologist determines that the preservation of these properties is not endangered.

(Added 1975, No. 109, § 4; amended 1989, No. 136 (Adj. Sess.), § 2; 1995, No. 46, § 45.)

§ 762 Field investigation

The State reserves to itself the exclusive right of field investigation on sites owned or controlled by the State in order to protect and preserve archaeological and scientific information, matter, and objects. All information and objects deriving from State lands shall remain the property of the State and be utilized for scientific or public educational purposes.

(Added 1975, No. 109, § 4.)

§ 763 Designation of archaeological sites

The State Archaeologist, with the approval of the State Historic Preservation Officer, may publicly designate an archaeological site of significance to the scientific study or public representation of the State’s historical, prehistorical, or aboriginal past as a “State archaeological landmark.” All State agencies administering State-owned lands containing State archaeological landmarks shall cooperate to ensure the protection of these landmarks. State archaeological landmarks located on privately owned land shall not be designated without the written consent of the owner. Upon designation of an archaeological site, the private owner or affected State agency shall be given written notice of the designation by the State Archaeologist. Once so designated, no person may conduct field activities without first securing a permit from the State Historic Preservation Officer and complying with the provisions of section 762 of this title.

(Added 1975, No. 109, § 4; amended 1995, No. 46, § 46.)

§ 764 Permits for exploration

The State Historic Preservation Officer, with the advice of the State Archaeologist, may issue permits for exploration and field investigations to be undertaken on State lands or within the boundaries of designated State archaeological landmarks to an amateur or professional whom the State Historic Preservation Officer deems properly qualified to conduct the activity, subject to such rules as the Division may prescribe, with a view toward disseminating the knowledge gained through the State Historic Preservation Officer’s activities; and, provided that a summary report of the undertakings, containing relevant maps, documents, drawings, and photographs be submitted to the Division; and, provided further, that all specimens so collected under permit shall be the permanent property of the State and that the State Archaeologist shall make prior arrangements for the disposition of specimens derived from the activities in an appropriate institution of the State or for the loan of the specimens to qualified institutions in or out of the State.

(Added 1975, No. 109, § 4; amended 2001, No. 35, § 5; 2023, No. 85 (Adj. Sess.), § 254, eff. July 1, 2024.)

§ 765 Transfer of State property

When transferring real property under its jurisdiction that contains significant archaeological, aboriginal, or other anthropological resources, the State, may, upon the recommendation of the State Historic Preservation Officer, with the advice of the State Archaeologist, condition the transfer upon such covenants, deed restrictions, or other contractual arrangements as will limit the future use of the property in such a way as will protect those resources.

(Added 1975, No. 109, § 4; amended 1995, No. 46, § 47.)

§ 766 Reservation of lands to be sold

Upon written notice to the head of a State agency administering State lands, given by the State Historic Preservation Officer, with the advice of the State Archaeologist, the agency head shall reserve from sale any State lands, including lands forfeited to the State for nonpayment of taxes, on which sites or artifacts are located or may be found, as designated by the State Archaeologist under section 763 of this title; provided, however, that the reservation of the lands from sale may be confined to the actual location of the site or artifacts. When the sites or artifacts have been explored, excavated, or otherwise examined to the extent desired by the State Archaeologist, he or she shall then file with the agency head a statement releasing the lands and permitting their sale.

(Added 1975, No. 109, § 4; amended 1995, No. 46, § 48.)

§ 767 Cooperation between agencies

All State agencies, departments, institutions, and commissions, as well as all municipalities, shall cooperate fully with the State Archaeologist in the preservation, protection, excavation, and evaluation of specimens and sites; and to that end:

(1) When any State, regional, or municipal agency finds or is made aware by an appropriate historical or archaeological authority that its operation in connection with any State, State-assisted, State-licensed, or contracted project, activity, or program adversely affects or may adversely affect scientific, historical, or archaeological data, the agency shall notify the State Archaeologist and shall provide him or her with information concerning the project, program, or activity. The provisions of this chapter shall be made known to contractors by the State agencies doing the contracting.

(2) The State Archaeologist, upon notification or determination that scientific, historical, or archaeological data, including specimens, is or may be adversely affected, shall, after reasonable notice to the responsible agency, conduct or cause to be conducted a survey and other investigations to recover and preserve or otherwise protect such data, including analysis and publication, that in its opinion should be recovered in the public interest.

(3) The Division shall initiate actions within 60 days following notification under subdivision (1) of this subsection and within such time as agreed upon in other cases. The responsible agency is authorized and directed to expend agency funds for the purpose of recovering the data, including analysis and publications, and the costs shall be included as part of the contractor’s costs if the adverse effect is caused by work being done under contract to a State agency.

(Added 1975, No. 109, § 4; amended 2023, No. 85 (Adj. Sess.), § 255, eff. July 1, 2024.)

Subchapter 9 Underwater Historic Properties

§ 781 Rules

The custodian of underwater historic properties shall be the Division, which shall administer the preservation and protection of these properties in accordance with this chapter. The Division may prescribe such rules as are necessary to preserve, protect, and recover any or all underwater historic properties.

(Added 1975, No. 109, § 4; amended 2023, No. 85 (Adj. Sess.), § 256, eff. July 1, 2024.)

§ 782 Issuance of permits

Any qualified person desiring to conduct any type of exploration or recovery operations, in the course of which any underwater historic property or part thereof may be removed, displaced, or destroyed, shall first make application to the State Historic Preservation Officer for a permit to conduct the operations. The State Historic Preservation Officer, with the advice of the State Archaeologist, may grant the applicant a permit for such a period of time and under such conditions as the State Historic Preservation Officer may deem to be in the best interests of the State. The permit may provide for the fair compensation to the permittee in terms of a percentage of the reasonable cash value of the objects recovered or a fair share of the objects recovered, the fair compensation or share to be determined by the State Archaeologist. Superior title to all objects recovered shall be retained by the State unless or until they are released to the permittee by the State Archaeologist. All exploration and recovery operations undertaken under a permit issued under this section shall be carried out under the general supervision of the State Archaeologist and in such manner that the maximum amount of historic, scientific, archaeological, and educational information may be recovered and preserved in addition to the physical recovery of items. Permits may be renewed upon or prior to expiration. Holders of permits shall be responsible for obtaining permission of any federal agencies having jurisdiction prior to conducting any recovery operations.

(Added 1975, No. 109, § 4; amended 2001, No. 35, § 6; 2023, No. 85 (Adj. Sess.), § 257, eff. July 1, 2024.)

Subchapter 11 Prohibited Acts

§ 791 Penalty

A person who conducts field investigation activities on or under any land owned or controlled by the State or within the boundaries of any designated State archaeological landmark, without first obtaining a permit therefor from the State Historic Preservation Officer or any person who appropriates, defaces, destroys, or otherwise alters any archaeological site or specimen located on or under State lands or within the boundaries of a designated State archaeological landmark, except in the course of activities pursued under the authority of a permit granted by the State Historic Preservation Officer, shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both, and in addition, shall forfeit to the State all specimens, objects, and materials collected or excavated, together with all photographs and records relating to that material.

(Added 1975, No. 109, § 4; amended 2001, No. 35, § 7.)

Chapter 15 Department of Information and Innovation

§§ 901-902a Repealed

[Repealed]

2019, No. 49, § 7 eff. June 10, 2019.

§ 903 Repealed

[Repealed]

2009, No. 61, § 7.

Chapter 16 The Vermont Web Portal

§ 950 Purpose

The purpose of the Vermont web portal is to increase, at no cost to the taxpayer, the ease of accessing needed information.

(Added 2005, No. 203 (Adj. Sess.), § 1, eff. May 30, 2006.)

§ 951 Definitions

As used in this chapter:

(1) “Public information” means any State data that are included within the information deemed to be public pursuant to the Public Records Act and other provisions of law providing for release of information to the public at large or to specified groups or recipients.

(2) “Self-funded web portal” means the centralized electronic information system by which public information is disseminated or collected via the internet, supported entirely with fees collected for financial transactions through the portal.

(3) “State data” means any information stored, gathered, or generated in electronic or magnetic form by a State agency.

(4) “Vermont Web Portal Board” or “Board” means the Board established in section 952 of this title.

(Added 2005, No. 203 (Adj. Sess.), § 1, eff. May 30, 2006; amended 2017, No. 74, § 60.)

§ 952 Vermont web portal; Vermont Web Portal Board; membership

(a) There is created the Vermont web portal that shall be governed by a Board consisting of 12 members as follows:

(1) the Secretary of Digital Services or designee;

(2) the Secretary of State or designee;

(3) the Secretary of Administration or designee;

(4) the State Librarian or designee;

(5) the Court Administrator or designee;

(6) the Chief Marketing Officer of the Agency of Commerce and Community Development or designee;

(7) the Chief Data Officer of the Agency of Digital Services or designee;

(8) one member or designee who is an officer of the Executive Branch as identified in 32 V.S.A. § 1003(b), other than of the Department of Finance and Management, the Agency of Digital Services, and the Department of Libraries, and who shall be appointed by the Governor;

(9) two members appointed by the Vermont State Employees’ Association; and

(10) one member of the House of Representatives who is also a member of the Joint Information Technology Oversight Committee, appointed by the Speaker of the House, and one member of the Vermont Senate who is also a member of the Joint Information Technology Oversight Committee, appointed by the Committee on Committees.

(b) The Board shall annually elect one of its members as chair of the Board and may also elect a vice chair and a secretary.

(c) Six members of the Board shall constitute a quorum, and the affirmative vote of six members shall be necessary for any action taken by the Board. No vacancy in the membership of the Board shall impair the right of a quorum to exercise all rights and perform all the duties of the Board.

(d) The Board shall meet at least semiannually.

(e) Members of the Board, except for legislative members, shall serve without compensation but shall be eligible to receive reimbursement for mileage and for expenses.

(f) Legislative members of the Board shall be entitled to the same per diem compensation and reimbursement for actual and necessary expenses as provided members of standing committees under 2 V.S.A. § 23.

(Added 2005, No. 203 (Adj. Sess.), § 1, eff. May 30, 2006; amended 2019, No. 49, § 8, eff. June 10, 2019; 2023, No. 85 (Adj. Sess.), § 258, eff. July 1, 2024.)

§ 953 Vermont Web Portal Board; duties

(a) The Board shall:

(1) Oversee the development of a self-funded web portal and establish charges for the services it provides.

(2) Oversee development, implementation, and promotion, in cooperation with the Agency of Digital Services, of electronic commerce and digital signature applications involving the State of Vermont.

(3) Serve in an advisory capacity to the Agency of Digital Services and other State agencies regarding the dissemination and collection of State data to and from the citizens and businesses of Vermont.

(4) Seek input from the general public, users of the web portal, professional associations, academic groups, and institutions and individuals with knowledge or interest in computer networking, electronic mail, public information access, gateway services, add-on services, and electronic filing of information.

(5) Accept gifts, donations, and grants for the support of the Vermont web portal.

(6) Oversee drafting and implementation by the Agency of Digital Services of the contract with the web portal service provider. This contract shall comply with State security and privacy standards.

(b) All State agencies shall cooperate with the Board in providing assistance as it may request for the achievement of its purpose. Services and information to be provided by any agency shall be specified pursuant to a written agreement between the Board and the agency.

(c) Any charges created or changed by the Board shall be approved as follows:

(1) All such charges shall be submitted to the Governor who shall send a copy of the approval or rejection to the Joint Fiscal Committee through the Joint Fiscal Office together with the following information with respect to those items:

(A) the costs, direct and indirect, for the present and future years related to the charge;

(B) the department or program that will utilize the charge;

(C) a brief statement of purpose; and

(D) the impact on existing programs if the charge is not accepted.

(2) The Governor’s approval shall be final unless within 30 days following receipt of the information a member of the Joint Fiscal Committee requests the charge be placed on the agenda of the Joint Fiscal Committee or, when the General Assembly is in session, be held for legislative approval. In the event of such request, the charge shall not be accepted until approved by the Joint Fiscal Committee or the General Assembly. During the legislative session, the Joint Fiscal Committee shall file a notice with the House Clerk and Senate Secretary for publication in the respective calendars of any charge approval requests that are submitted by the Administration. Beginning on July 1, 2012, and every three years thereafter, all web portal fees shall be included in the annual consolidated Executive Branch fee report pursuant to 32 V.S.A. § 605.

(Added 2005, No. 203 (Adj. Sess.), § 1, eff. May 30, 2006; amended 2009, No. 146 (Adj. Sess.), § B16; 2011, No. 161 (Adj. Sess.), § 9, eff. May 17, 2012; 2019, No. 49, § 9, eff. June 10, 2019; 2023, No. 85 (Adj. Sess.), § 259, eff. July 1, 2024.)