H 28 — An act relating to including an affirmation option in oath requirements in Titles 1–10 of the Vermont Statutes Annotated

The Commission, the Executive Director, and the Commission’s legal counsel and investigators shall VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 9 of 65 have the power to issue subpoenas and administer oaths and affirmations in connection with any investigation or hearing, including compelling the provision of materials or the attendance of witnesses at any investigation or hearing.

BILL AS PASSED BY THE HOUSE H.28 Page 10 of 69 Sec.

§§ 2103 2103 is amended to read:

§§ 3091(b) 3091(b) is amended to read:

The Board shall adopt rules with reference to appeals, which shall not be VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 10 of 65 inconsistent with this chapter.

§§ 4 4 is amended to read:

JUSTICES * * * (c) A Supreme Court Justice may file in the Office of the Secretary of State,onState, on or before September 1 of the year preceding the expiration of the term for which the Justice was appointed or retained, a declaration that the BILL AS PASSED BY THE HOUSE H.28 Page 11 of 69 Justice will be a candidate for retention.

if the majority vote is in favor of retention, the Justice shall, unless removed for cause, remain VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 11 of 65 in office for another term and, at its end, shall be eligible for retention in office in the manner prescribed pursuant to this subsection.

Whenever a Justice files a declaration under subsection (c) of this section, or notification occurs automatically, the Secretary of State shall BILL AS PASSED BY THE HOUSE H.28 Page 12 of 69 notify the President of the Senate, the Speaker of the House, the Office of Legislative Counsel, and the Office of Legislative Operations forthwith.

§§ 27b 27b is amended to read:

§§ 71 71 is amended to read:

APPOINTMENT AND TERM OF SUPERIOR JUDGES * * * VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 12 of 65 (b) A Superior judge may file in the Office of the Secretary of State, on or before September 1 of the year preceding the expiration of the term for which the Superior judge was appointed or retained, a declaration that the Superior judge will be a candidate for retention.

However, a Superior judge appointed and having takenthetaken the oath or affirmation of office after September 1 of the year preceding the expiration of the term of office shall automatically be a candidate for retention without filing notice.

The General Assembly shall vote upon one ballot on the BILL AS PASSED BY THE HOUSE H.28 Page 13 of 69 question “Shall the following Superior judges be retained in office?” The names of the judges shall be listed followed by “Yes __ No __ .” If a majority of those voting on the question vote against retention, upon expiration of the term of office, a vacancy shall exist that shall be filled by appointment in accordance with the Constitution and chapter 15 of this title;

(c) The Court Administrator shall notify the Secretary of State whenever a Superior judge is appointed and takes the oath or affirmation of office after September 1 of the year preceding the expiration of the term of office to which the judge has succeeded, thereby resulting in automatic notification of an VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 13 of 65 intention to continue in office.

§§ 362 362 is amended to read:

BILL AS PASSED BY THE HOUSE H.28 Page 14 of 69 Sec.

§§ 461 461 is amended to read:

However, a VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 14 of 65 magistrate appointed and having taken the oath or affirmation of office after September 1 of the year preceding the expiration of the term of office shall automatically be a candidate for retention without filing notice.

“Shall the following magistrates be retained in office?” The names of the magistrates shall be listed followed by “Yes____ No____.” If a majority of those voting on the question vote against retaining a magistrate in office, upon the expiration of the term, a vacancy BILL AS PASSED BY THE HOUSE H.28 Page 15 of 69 shall exist that shall be filled in accordance with the Constitution and chapter 15 of this title.

(3) The Court Administrator shall notifythenotify the Secretary of State whenever a magistrate is appointed and takes the oath or affirmation of office after September 1 of the year preceding the expiration of the term of office to which the magistrate has succeeded, thereby resulting in automatic notification of an intention to continue in office.

Whenever a magistrate files a declaration under subdivision (2) of this subsection or when notification occurs automatically, the Secretary of State shall notify the President of the Senate, the Speaker of VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 15 of 65 the House, the Office of Legislative Counsel, and the Office of Legislative Operations forthwith.

§§ 466(d) 466(d) is amended to read:

BILL AS PASSED BY THE HOUSE H.28 Page 16 of 69 Sec.

§§ 491 491 is amended to read:

§§ 608(f) 608(f) is amended to read:

(f) In the performance of its official functions, the Joint Committee on Judicial Retention may by a majority vote of its membership issue subpoenas VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 16 of 65 to compel the attendance of witnesses to testify under oath or affirmation and to produce documents.

§§ 794 794 is amended to read:

CORRECTNESS OF REPORTS AND COPIES Upon appointment, a stenographic reporter shall be sworn take an oath or affirmation before entering upon his or her any duties and shall be responsible BILL AS PASSED BY THE HOUSE H.28 Page 17 of 69 for the correctness of his or her the reporter’s own reports and of certified copies thereof made by him or her or under his or her of reports made by the reporter or at the reporter’s direction.

§§ 803 803 is amended to read:

(c) The court may then designate the person operating the equipment or any other competent person to read the recording and to transcribe it into VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 17 of 65 typewriting.

§§ 851 851 is amended to read:

APPOINTMENT AND POWERS OF COMMISSIONERS The Governor may appoint commissioners in other states and in foreign countries who shall hold office for five years unless sooner removed by him or BILL AS PASSED BY THE HOUSE H.28 Page 18 of 69 her the Governor.

§§ 852 852 is amended to read:

OATH OR AFFIRMATION AND BOND Before entering upon his or her any duties, each commissioner shall take and subscribe an oath or affirmation of office before a magistrate of his or her the commissioner’s locality and execute a bond to this StatewithsuretiesState tothewith sureties to the satisfaction of the Governor in the sum of $500.00, conditioned for the faithful performance of his or her the commissioner’s duties.

The bond shall be kept in the office Office of the Secretary of State, and an action may be maintained VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 18 of 65 against any or all signers thereof of the bond, in the name of the State, for the benefit of a person injured by the act or neglect of the commissioner.

§§ 1106(b) 1106(b) is amended to read:

The BILL AS PASSED BY THE HOUSE H.28 Page 19 of 69 burden of proof shall be on the State or municipality to prove the allegations by clear and convincing evidence.

As used in this section, “clear and convincing evidence” means evidence that establishes that the truthoftruth of the facts asserted is highly probable.

§§ 32 32 is amended to read:

WITNESSES So far as is necessary for the performance of their duties, the members of the Transportation Board or the Secretary of Transportation or his or her designee and any other employee of the Agency authorized by the Secretary VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 19 of 65 shall have power to examine the books, accounts, and papers of any person, receiver, trustee, or lessee owning or operating any line, plant, or property, subject to the Board’s or the Agency’s jurisdiction, that in any way relate to or contain entries, data, or memoranda concerning any transaction substantially affecting the interests of the State of Vermont or consumers of transportation services within the State.

In addition to these powers, they may subpoena BILL AS PASSED BY THE HOUSE H.28 Page 20 of 69 witnesses, administer oaths and affirmations to witnesses, and examine them on all matters over which the Board or Agency has jurisdiction.

§§ 34 34 is amended to read:

An individual who knowingly, under oath or affirmation, makes a false return or statement or gives false information to the Board or the Agency, VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 20 of 65 or who knowingly testifies falsely in any material matter before either of them, shall be deemed to have committed perjury and shall be punished accordingly.

§§ 1016(d) 1016(d) is amended to read:

The chair, or in his or her the chair’s absence the acting chair, may BILL AS PASSED BY THE HOUSE H.28 Page 21 of 69 administer oaths and affirmations and compel the attendance of witnesses.

§§ 1017(c) 1017(c) is amended to read:

§§ 3756 3756 is amended to read:

OATH OR AFFIRMATION OF OFFICE Each police officer so commissioned pursuant to section 3755 of this chapter shall, before entering upon the duties of his or her the office, take an VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 21 of 65 oath or affirmation of office administered by the Commissioner of Public Safety or his or her designee.

§§ 1(a) 1(a) is amended to read:

The Secretary shall supervise BILL AS PASSED BY THE HOUSE H.28 Page 22 of 69 and be responsible for the execution and enforcement of all laws relating to agriculture and standards of weight and measure.

§§ 11 11 is amended to read:

The hearing officer shall report findings of fact to the Secretary in writing, within a reasonable time after the conclusion of the hearing, in contested cases within VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 22 of 65 the meaning of 3 V.S.A.

§§ 2674(a) 2674(a) is amended to read:

Failure to file requested information shall be grounds for suspension BILL AS PASSED BY THE HOUSE H.28 Page 23 of 69 of license.

§§ 2722 2722 is amended to read:

APPLICATION Applications shall be completely filled out and sworn to or affirmed by the applicant or a partner or officer of the applicant and in case of renewal shall be VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 23 of 65 filed with the Secretary on or before July 15 of each year.

* * * BILL AS PASSED BY THE HOUSE H.28 Page 24 of 69 (3) In the case of a new application, the applicant shall provide the following information:

§§ 2762 2762 is amended to read:

VOLUNTARY LABELING VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 24 of 65 A milk handler may claim in the label on a container or package of milk, or of a dairy product offered for retail sale in Vermont, or in a written display at the point of sale of such milk or dairy product, that the milk or dairy product is derived from cows not treated with rbST, provided that:

Each milk producer supplying the handler with milk to be so identified shall, by affidavit, notify the handler that milk sold to BILL AS PASSED BY THE HOUSE H.28 Page 25 of 69 the handler is from cows that are not,andnot, and have not been within 90 days prior to the notification, treated with rbST, and swears or affirms that he or she the milk producer will notify his or her the handler at least 90 days before using rbST in the production of milk by such cows.

§§ 2929 2929 is amended to read:

RULES VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 25 of 65 (a) In administering this chapter, the Commission shall have the power to make orders under this section, conduct hearings, subpoena, and examine under oath or affirmation producers, handlers, and distributors, their books, records, documents, correspondence, and accounts, and any other person it deems necessary to carry out the purposes and intent of this chapter.

BILL AS PASSED BY THE HOUSE H.28 Page 26 of 69 (b) Any order issued under this chapter shall only be made final after a public hearing and after publication of a proposed order for public review and comment for 30 days following the publication of the proposed order.

* * * VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 26 of 65 Sec.

§§ 2972(b) 2972(b) is amended to read:

to adopt, rescind, modify, and amend all proper and necessary rules and orders to administer this chapter, which rules and orders BILL AS PASSED BY THE HOUSE H.28 Page 27 of 69 shall be adopted by publication in the manner prescribed by the Council and shall have the force and effect of law when not inconsistent with existing laws;

VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 27 of 65 The Vermont Agency of Agriculture, Food and Markets shall perform the administrative work of the Council as directed by the Council.

BILL AS PASSED BY THE HOUSE H.28 Page 28 of 69 Sec.

§§ 3318 3318 is amended to read:

The Secretary may subpoena VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 28 of 65 the attendance and testimony of witnesses and the production of all documentary evidence of any person relating to any matter under investigation or subject to administrative hearing.

The Secretary or his or her designee may BILL AS PASSED BY THE HOUSE H.28 Page 29 of 69 sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence.

(2) Any district or Superior Court within the jurisdiction in which an inquiry is carried on may, in case of resistance or refusal to obey a subpoena issued to any person, issue an order requiring the person to appear before the Secretary or toproduceto produce documentary evidence or to give evidence touching the matter in question.

The depositions may be taken before any person designated by the Secretary who has the power to administer oaths and VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 29 of 65 affirmations.

Any person may be compelled to appear and BILL AS PASSED BY THE HOUSE H.28 Page 30 of 69 depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Secretary as provided in this chapter.

§§ 211(b) 211(b) is amended to read:

§§ 588 588 is amended to read:

FEES OF SHERIFF, CONSTABLE, OR POLICE OFFICER When a sheriff, constable, or police officer makes a search under this title pursuant to a warrant, he or she the officer shall receive a fee for the search, reimbursement for mileage at theratethe rate set pursuant to 32 V.S.A.§V.S.A. 1267, and the sum that he or she the officer actually paid out for necessary assistance, if:

§ 1267, and the sum that he or she the officer actually paid out for necessary assistance, if:

and VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 30 of 65 (2) the officer declares under oath or affirmation that the money was expended as claimed, and, if applicable, states the name of his or her the officer’s assistant and the amount paid for the assistance.

BILL AS PASSED BY THE HOUSE H.28 Page 31 of 69 * * * Title 8 * * * Sec.

§§ 13(a) 13(a) is amended to read:

VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 31 of 65 Sec.

§§ 2102(a) 2102(a) is amended to read:

(a) Application for a license or registration shall be in writing, under oath or affirmation, and in the form prescribed by the Commissioner, and shall BILL AS PASSED BY THE HOUSE H.28 Page 32 of 69 contain the legal name, any fictitious name or trade name, and the address of the residence and place of business of the applicant;

§§ 2117(b) 2117(b) is amended to read:

VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 32 of 65 Sec.

§§ 2120(a) 2120(a) is amended to read:

(a)(1) In addition to any specific information required by the applicable chapter, annually, on or before April 1, a licensee shall file a report with the Commissioner to provide the information the Commissioner reasonably BILL AS PASSED BY THE HOUSE H.28 Page 33 of 69 requires concerning the business and operations conducted in this State during the preceding calendar year.

§§ 2202a(a) 2202a(a) is amended to read:

(a) Application for a license for a lender making solely commercial loans shall be in writing, under oath or affirmation, and in the form prescribed by the Commissioner, and shall contain thenamethe name and addressofaddress of the residence and the place of business of the applicant and, if the applicant is a partnership or association, of every member thereof, and, if a corporation, of each officer, director, and control person thereof;

§§ 2236a 2236a is amended to read:

SERVICE UPON EMPLOYER VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 33 of 65 Under any such assignment or order for the payment of future salary, wages, commissions, or other compensation for services given as security for a loan made by any licensee under this chapter, a sum not to exceed 10 percent of the borrower’s salary, wages, commissions, or other compensation for services shall be collectible from the employer of the borrower by the licensee BILL AS PASSED BY THE HOUSE H.28 Page 34 of 69 at the time of each payment to the borrower of such salary, wages, commissions, or other compensation for services, from the time that a copy of such assignment, verified by the oath or affirmation of the licensee or the licensee’s agent, together with a similarly verified statement of the amount unpaid upon such loan, is served upon the employer.

§§ 2260(a) 2260(a) is amended to read:

* * * VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 34 of 65 Sec.

§§ 3361(a) 3361(a) is amended to read:

BILL AS PASSED BY THE HOUSE H.28 Page 35 of 69 Sec.

§§ 3371(e) 3371(e) is amended to read:

§§ 3561(a) 3561(a) is amended to read:

The statement shall be prepared in accordance with the National Association of Insurance Commissioners’ Instructions Handbook and Accounting Practices and Procedures Manual and shall be in such general form VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 35 of 65 and context, as approved by, and shall contain any other information required by, the National Association of Insurance Commissioners with any useful or necessary modifications or adaptations thereof required or approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the Commissioner.

The statement of an alien insurer shall relate only to the insurer’s transactions and affairs in the United States unless the Commissioner BILL AS PASSED BY THE HOUSE H.28 Page 36 of 69 requires otherwise.

§§ 3565(a) 3565(a) is amended to read:

§§ 3574(b) 3574(b) is amended to read:

Upon receipt of the report, the Department shall transmit the report to the company VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 36 of 65 examined, together with a notice which that shall afford the company examined a reasonable opportunity of not more than 30 days to make a written submission or rebuttal with respect to any matters contained in the examination report.

§§ 3686(f) 3686(f) is amended to read:

In the event the insurer fails to comply with an order, the Commissioner shall have the power to examine the affiliates to BILL AS PASSED BY THE HOUSE H.28 Page 37 of 69 obtain the information.

He or she A person who appears as a witness pursuant to a subpoena shall be entitled to the same fees and mileage, if claimed, as a witness in the Superior Court of this State, which fees, mileage, and actual expense, if any, necessarily incurred in securing the attendance of witnesses VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 37 of 65 and their testimony shall be itemized and charged against and be paid by the company being examined.

§§ 3865 3865 is amended to read:

FEES A mutual fire insurance company of another state which that insures only factories or mills, or property connected with such factories or mills, may be admitted to transact business in this State upon complying with the conditions BILL AS PASSED BY THE HOUSE H.28 Page 38 of 69 set forth in the statutory laws of this State, except that in lieu of all other taxes, licenses, and fees whatsoever, it shall pay to the Commissioner:

§§ 3914 3914 is amended to read:

STATEMENT AS TO APPLICATIONS At the time of such filing, or within one year thereafter, such persons, or those who have been designated as the president and the secretary of such corporation, may file with the Commissioner a sworn or affirmed statement to VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 38 of 65 the effect that applications for insurance in the amounts respectively indicated in section 3920 of this title have been made in good faith to such corporation.

BILL AS PASSED BY THE HOUSE H.28 Page 39 of 69 Sec.

§§ 4464(4) 4464(4) is amended to read:

VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 39 of 65 (C) certificates Certificates of examinations or acceptable declarations of insurability have been duly filed and approved by the chief medical examiner of the society;.

(E) there There has been submitted to the Commissioner under oath or affirmation of the president or secretary, or corresponding officer of the BILL AS PASSED BY THE HOUSE H.28 Page 40 of 69 society, a list of the applicants, giving their names, addresses, date each was admitted, name and number of the subordinate branch of which each applicant is a member, amount of benefits to be granted, and premiums therefor;

The advance premiums shall be held in trust during the period of organization, and if thesocietythe society has not qualified for a certificate of authority within one year, as provided in this section, the premiums shall be returned to the applicants.

§§ 4468 4468 is amended to read:

CONSOLIDATIONS AND MERGERS VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 40 of 65 (a) A domestic society may consolidate or merge with any other society by complying with the provisions of this section.

BILL AS PASSED BY THE HOUSE H.28 Page 41 of 69 (2) a sworn or affirmed statement by the president and secretary or corresponding officers of each society showing the financial condition thereof of their respective society on a date fixed by the Commissioner of Financial Regulation but not earlier than December 31, next preceding the date of the contract;

§§ 4485(a) 4485(a) is amended to read:

* * * VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 41 of 65 (4) a statement of its business under oath or affirmation of its president and secretary or corresponding officers in a form prescribed by the Commissioner of Financial Regulation, duly verified by an examination made by the supervising insurance official of its home state or other state, territory, province, or country, satisfactory to the Secretary of State of this State;

* * * BILL AS PASSED BY THE HOUSE H.28 Page 42 of 69 Sec.

§§ 4495 4495 is amended to read:

In making an examination, the Commissioner of Financial Regulation may summon and qualify as witnesses under oath or affirmation and examine its the society’s officers, agents, and employees or other persons in relation to the VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 42 of 65 affairs, transactions, and condition of the society.

A summary of the report of the Commissioner of Financial Regulation and such recommendations or statements of the Commissioner of Financial Regulation as may accompany the report, shall be read at the first meeting of the board of directors or corresponding bodyofbody of the society following the receipt thereof and, if directed so to do by the Commissioner of Financial Regulation, shall also be read at the BILL AS PASSED BY THE HOUSE H.28 Page 43 of 69 first meeting of the supreme legislative or governing body of the society following the receipt thereof.

§§ 4503(b) 4503(b) is amended to read:

(b) A person who willfully makes a false or fraudulent statement in any verified report or declaration under oath or affirmation required or authorized by this chapter, or of any material fact or thing contained in a sworn or affirmed statement concerning the death or disability of a member for the purpose of procuring payment of a benefit named in the certificate, shall be VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 43 of 65 guilty of perjury and shall be subject to the penalties for perjury prescribed by law.

§§ 4516 4516 is amended to read:

ANNUAL REPORT TO COMMISSIONER Annually, on or before March 1, a hospital service corporation shall file with the Commissioner of Financial Regulation a statement sworn to or affirmed by the president and treasurer of the corporation showing its BILL AS PASSED BY THE HOUSE H.28 Page 44 of 69 condition on December 31.

To qualify for the taxexemptiontax exemption set forth in section 4518 of this title, the statement shall include a certification that the hospital service corporation operates on a nonprofit basis for the purpose of providing an adequate hospital service plan to individuals of the State, both groups and nongroups, without discrimination based on age, gender, geographic area, industry, and medical history, except as allowed by subdivisions 4080g(b)(7)(B)(ii) and 4080g(c)(8)(B)(ii) of this title and by 33 V.S.A.

§§ 4588 4588 is amended to read:

ANNUAL REPORT TO COMMISSIONER Annually, on or before March 1, a medical service corporation shall file with the Commissioner of Financial Regulation a statement sworn to or affirmed by the president and treasurer of the corporation showing its condition VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 44 of 65 on December 31, which shall be in such form and contain such matters as the Commissioner shall prescribe.

To qualify for the tax exemption set forth in section 4590 of this title, the statement shall include a certification that the medical service corporation operates on a nonprofit basis for the purpose of providing an adequate medical service plan to individuals of the State, both groups and nongroups, without discrimination based on age, gender, geographic area, industry, and medical history, except as allowed by 33BILL V.S.A.AS PASSED BY THE HOUSE H.28 Page 45 of 69 subdivisions 4080g(b)(7)(B)(ii) and 4080g(c)(8)(B)(ii) of this title and by 33 V.S.A.

69.

8 V.S.A.

§ 4588 is amended to read:

§ 4588.

ANNUAL REPORT TO COMMISSIONER Annually, on or before March 1, a medical service corporation shall file with the Commissioner of Financial Regulation a statement sworn to or affirmed by the president and treasurer of the corporation showing its condition on December 31, which shall be in such form and contain such matters as the Commissioner shall prescribe.

To qualify for the tax exemption set forth in section 4590 of this title, the statement shall include a certification that the medical service corporation operates on a nonprofit basis for the purpose of providing an adequate medical service plan to individuals of the State, both groups and nongroups, without discrimination based on age, gender, geographic area, industry, and medical history, except as allowed by V.S.A.

§ 1811(f)(2)(B).

Sec.

§§ 5105(b) 5105(b) is amended to read:

(b) All financial and market conduct examinations shall be conducted pursuant to and in conformity with sections 3573, 3574, 3575, and 3576 of this title at the expense of the health maintenance organization and shall be conducted in accordance with guidelines, principles, manuals, instructions, and other procedures promulgated by the National Association of Insurance BILL AS PASSED BY THE HOUSE H.28 Page 46 of 69 Commissioners, including the use of statutory accounting principles for financial examinations, together with any useful or necessary modifications or adaptation thereof required or approved by the Commissioner.

For the purpose of examinations, the Commissioner may issue subpoenas to, administer oaths and VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 45 of 65 affirmations to, and examine any person and the officers and agents of the health maintenance organization.

§§ 6004(d) 6004(d) is amended to read:

(d) Within 30 days after commencing business, each captive insurance company shall file with the Commissioner a statement under oath or affirmation of its president and secretary or, in the case of a captive insurance company formed as a limited liability company or as a reciprocal insurer, of two individuals authorized by the governing board certifying that the captive insurance company possessed the requisite unimpaired,unimpaired paid-in capital and surplus prior to commencing business.

71.

8 V.S.A.

§ 6004(d) is amended to read:

(d) Within 30 days after commencing business, each captive insurance company shall file with the Commissioner a statement under oath or affirmation of its president and secretary or, in the case of a captive insurance company formed as a limited liability company or as a reciprocal insurer, of two individuals authorized by the governing board certifying that the captive BILL AS PASSED BY THE HOUSE H.28 Page 47 of 69 insurance company possessed the requisite unimpaired, paid-in capital and surplus prior to commencing business.

Sec.

§§ 6007(b) 6007(b) is amended to read:

(b) Prior to March 1 of each year, and prior to March 15 of each year in the case of pure captive insurance companies, association captive insurance companies, sponsored captive insurance companies, industrial insured captive insurance companies, or agency captive insurance companies, each captive insurance company shall submit to the Commissioner a report of its financial condition, verified by oath or affirmation of two of its executive officers.

Each captive insurance company shall report using generally accepted accounting principles, statutory accounting principles, or international financial reporting standards unless the Commissioner requires, approves, or accepts the use of any other comprehensive basis of accounting, in each case with any appropriate or necessary modifications or adaptations thereof required or approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the Commissioner.

As used in this section, statutory accounting principles shall mean the accounting principles codified in the NAIC Accounting Practices and Procedures Manual.

Upon application for admission, a captive insurance company shall select, with explanation, an accounting method for reporting.

Any change in a captive insurance BILL AS PASSED BY THE HOUSE H.28 Page 48 of 69 company’s accounting method shall require prior approval.

Except as otherwise provided, each risk retention group shall file its report in the form required by subsection 3561(a) of this title, and each risk retention group shall comply with the requirements set forth in section 3569 of this title.

The Commissioner shall by rule propose the forms in which pure captive insurance companies, association captive insurance companies, sponsored captive insurance companies, and industrial insured captive insurance companies shall report.

Subdivision 6002(c)(3) of this title shall apply to each report filed pursuant to this section.

Sec.

72.

8 V.S.A.

§ 6007(b) is amended to read:

Each captive insurance company shall report using generally accepted accounting principles, statutory accounting principles, or international financial VTreporting LEGstandards #386652unless v.1the Commissioner requires, approves, or BILL AS PASSED BY THE HOUSE H.28 Page 4649 of 6569 reporting standards unless the Commissioner requires, approves, or accepts the use of any other comprehensive basis of accounting, in each case with any appropriate or necessary modifications or adaptations thereof required or approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the Commissioner.

VTBILL LEG #386652 v.1 AS PASSED BY THE HOUSE H.28 Page 4750 of 6569 Sec.

§§ 6024(c) 6024(c) is amended to read:

* * * (2) prior to March 15 of each year, submit to the Commissioner a report of its financial condition, verified by oath or affirmation of two of its executive officersofficers, or, in the case of a captive insurance company formed as a limited liability company or as a reciprocal insurer, of two individuals authorized by its governing board, in a form as may be prescribed by the Commissioner;

73.

8 V.S.A.

§ 6024(c) is amended to read:

(c) A dormant captive insurance company that has been issued a certificate of dormancy shall:

* * * (2) prior to March 15 of each year, submit to the Commissioner a report of its financial condition, verified by oath or affirmation of two of its executive officers or, in the case of a captive insurance company formed as a limited liability company or as a reciprocal insurer, of two individuals authorized by its governing board, in a form as may be prescribed by the Commissioner;

and * * * BILL AS PASSED BY THE HOUSE H.28 Page 51 of 69 Sec.

§§ 6045 6045 is amended to read:

If the Commissioner is satisfied that the annual report filed by the alien captive insurance company in its domiciliary jurisdiction provides adequate information concerning the financial condition of the alien captive insurance company, the Commissioner may waive the requirement for VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 48 of 65 completion of the captive annual statement for business written in the alien jurisdiction.

§§ 7051 7051 is amended to read:

* * * BILL AS PASSED BY THE HOUSE H.28 Page 52 of 69 (5) A person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director or trustee, employee, or other person, has refused to be examined under oath or affirmation by the Commissioner concerning the insurer’s affairs, whether in this State or elsewhere;

§§ 7060(a) 7060(a) is amended to read:

* * * VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 49 of 65 (5) Hold hearings, subpoena witnesses to compel their attendance, administer oaths and affirmations, examine any person under oath or affirmation, and compel any person to subscribe to testimony after it has been correctly reduced to writing;

§§ 7075(c) 7075(c) is amended to read:

(c) At any time, the liquidator may request the claimant to present information or evidence supplementary to that required under subsection (a) of BILL AS PASSED BY THE HOUSE H.28 Page 53 of 69 this section and may take testimony under oath or affirmation, require production of affidavits or depositions, or otherwise obtain additional information or evidence.

§§ 7112 7112 is amended to read:

* * * (5) Certificates issued by the domicile regulator of the transferring insurer and, if applicable, of any controlling party that is a regulated insurance company, in each case attesting to the good standing of the transferring insurer VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 50 of 65 and the controlling party under the insurance regulatory laws of the jurisdiction of their respective domiciles;

or, if any such certificate is not obtainable under the laws or practices of a domicile regulator, a certificate of the transferring insurer or the controlling party, as applicable, BILL AS PASSED BY THE HOUSE H.28 Page 54 of 69 attesting to the foregoing, verified by oath or affirmation of two of its executive officers.

§§ 13103(e)(4) 13103(e)(4) is amended to read:

§§ 14405 14405 is amended to read:

POWERS AND DUTIES OF OFFICERS In proceedings in the Probate Division of the Superior Court or elsewhere, connected with authority exercised as executor, administrator, receiver, VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 51 of 65 assignee, trustee, or guardian, all accounts, returns, and other papers may be signed and sworn to in or affirmed on behalf of such a financial institution exercising trust powers by any officer thereof of the financial institution duly authorized by it.

BILL AS PASSED BY THE HOUSE H.28 Page 55 of 69 Sec.

§§ 30501(a) 30501(a) is amended to read:

§§ 31103(e)(3) 31103(e)(3) is amended to read:

VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 52 of 65 Sec.

§§ 31309 31309 is amended to read:

BILL AS PASSED BY THE HOUSE H.28 Page 56 of 69 (b) The chairperson of the governing body and the secretary shall execute a certificate of election, which shall set forth the names and addresses of the officers, directors, and committee members elected or appointed.

§§ 280 280 is amended to read:

NOTARIZATION AND ACKNOWLEDGMENT If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath or affirmation, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 53 of 65 with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

§§ 2156 2156 is amended to read:

When completed, he or she the assignee shall file with the clerk of such the Superior Court for the district in which the assignor resides a copy of the settlement of his or her the assignee’s trust account showing in detail how he or she the assignee has BILL AS PASSED BY THE HOUSE H.28 Page 57 of 69 administered the trust, which account shall be verified by the oath or affirmation of the assignee as a true and just account, and the same shall remain on file in such office for the inspection of the creditors of the assignor.

§§ 2157 2157 is amended to read:

APPLICATION TO SUPERIOR JUDGE FOR SETTLEMENT OF ACCOUNT BY ASSIGNEE If, in the opinion of a creditor of the assignor named in the assignment, the assignee neglects to settle his or her the assignee’s trust and file a copy of his or her the assignee’s account with the county clerk of the Superior Court for the district in which the assignor resides for an unreasonable length of time, such creditor may apply to a Superior judge for an order upon the assignee to settle the same and file with the clerk of such court a copy of his or her the VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 54 of 65 assignee’s trust account verified by oath or affirmation within such time as the Superior judge deems proper.

§§ 2435(b) 2435(b) is amended to read:

* * * BILL AS PASSED BY THE HOUSE H.28 Page 58 of 69 (B)(i) The data collector shall notify the Attorney General or the Department, as applicable, of the date of the security breach and the date of discovery of the breach and shall provide a preliminary description of the breach within 14 business days, consistent with the legitimate needs of the law enforcement agency as provided in this subdivision (3) and subdivision (4) of this subsection (b), of the data collector’s discovery of the security breach or when the data collector provides notice to consumers pursuant to this section, whichever is sooner.

(ii) Notwithstanding subdivision (B)(i) of this subdivision (b)(3), a data collector who, prior to the date of the breach, on a form and in a manner prescribed by the Attorney General, had sworn or affirmed in writing to the Attorney General that it maintains written policies and procedures to maintain VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 55 of 65 the security of personally identifiable information or login credentials and respond to a breach in a manner consistent with Vermont law shall notify the AttorneyGeneralAttorney General of thedateofthe date of the security breach and the dateofdate of discovery of the breach and shall provide a description of the breach prior to providing notice of the breach to consumers pursuant to subdivision (1) of this subsection (b).

* * * BILL AS PASSED BY THE HOUSE H.28 Page 59 of 69 Sec.

§§ 2460(a) 2460(a) is amended to read:

(2) The Attorney General or a State’s Attorney may require the attendance of such person or of any other person having knowledge in the premises in the county where the person resides or has a place of business, or in Washington County if the person is a nonresident or has no place of VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 56 of 65 business, within the State,;

* * * BILL AS PASSED BY THE HOUSE H.28 Page 60 of 69 Sec.

§§ 2518(d)(1) 2518(d)(1) is amended to read:

The Attorney General shall serve notice of the time, place, and cause of such examination or attendance, or VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 57 of 65 notice of the cause of the demand for written responses, at least 10 days prior to the date of such examination, personally or by certified mail, upon such person at his or her the person’s principal place of business, or, if such place is not known, to his or her the person’s last known address.

Any book, record, paper, memorandum, or other information produced by any person pursuant to BILL AS PASSED BY THE HOUSE H.28 Page 61 of 69 this subsection shall not, unless otherwise ordered by a court of this State for good cause shown, be disclosed to any person other than the duly authorized agent or representative of the AttorneyGeneralAttorney General or a State’sAttorneyState’s Attorney or another law enforcement officer engaged in legitimate law enforcement activities, unless with the consent of the person producing the same.

§§ 2522 2522 is amended to read:

* * * VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 58 of 65 Sec.

§§ 2575 2575 is amended to read:

JUDICIAL PROCEEDINGS If a person or corporation that has complied with the provisions of section 2571 of this title, or the agent of such person or corporation, makes oath or affirmation before a judge of a Criminal Division of the Superior Court that he BILL AS PASSED BY THE HOUSE H.28 Page 62 of 69 or she the person, corporation, or agent has reason to believe and does believe that a person has unlawfully in his or her that person’s possession or is secreting a receptacle marked as provided in section 2571 of this title, the judge, if satisfied that there is a reasonable cause for the belief, shall issue a search warrant to discover and obtain the same, and may cause to be brought before him or her the judge a person in whose possession such receptacle is found, and shall inquire into the circumstances of the possession.

§§ 3044 3044 is amended to read:

* * * VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 59 of 65 (2) A raw agricultural commodity or processed food derived from it that has been grown, raised, or produced without the knowing or intentional use of food or seed produced with genetic engineering.

Food will be deemed to be as described in this subdivision only if the person otherwise responsible for complying with the requirements of subsection 3043(a) of this title with BILL AS PASSED BY THE HOUSE H.28 Page 63 of 69 respect to a raw agricultural commodity or processed food obtains, from whomever sold the raw agricultural commodity or processed food to that person, a sworn or affirmed statement that the raw agricultural commodity or processed food has not been knowingly or intentionally produced with genetic engineering and has been segregated from and has not been knowingly or intentionally commingled with food that may have been produced with genetic engineering at any time.

§§ 3045(b) 3045(b) is amended to read:

(b) A retailer shall not be held liable for failure to label a raw agricultural commodity as required by section 3043 of this title, provided that the retailer, within 30 days of any proposed enforcement action or notice of violation, VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 60 of 65 obtains a sworn or affirmed statement in accordance with subdivision 3044(2) of this title.

§§ 3346 3346 is amended to read:

OATH OR AFFIRMATION, DUTIES, AND LIABILITIES OF INSPECTOR BILL AS PASSED BY THE HOUSE H.28 Page 64 of 69 Before entering upon the duties of his or her the office, an inspector shall be sworn or shall make an affirmation, and when called upon by a vendor, purchaser, or by any officer mentioned in section 3348 of this title, to test such oils, shall do so with reasonable dispatch by applying the fire test as indicated and determined by Tagliabue’s pyrometer, or some instrument equally accurate.

§§ 3—505(b) 3—505(b) is amended to read:

VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 61 of 65 Sec.

§§ 9—607(b) 9—607(b) is amended to read:

BILL AS PASSED BY THE HOUSE H.28 Page 65 of 69 * * * (2) the secured party’s sworn or affirmed affidavit in recordable form stating that:

§§ 611(h) 611(h) is amended to read:

§§ 2625(f) 2625(f) is amended to read:

VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 62 of 65 (1) Upon the filing of an appeal, the Commissioner may appoint a review team of natural resources professionals to visit the site, gather information about the proposed heavy cut, and make recommendations to the Commissioner.

The Commissioner may also appoint a hearing officer to take sworn or affirmed statements of the landowner, the review team, and other BILL AS PASSED BY THE HOUSE H.28 Page 66 of 69 witnesses called by the landowner or the hearing officer, and make recommendations to the Commissioner.

§§ 4191 4191 is amended to read:

VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 63 of 65 * * * Sec.

§§ 4270 4270 is amended to read:

Such These records shall be open to inspection by the Commissioner or his or BILL AS PASSED BY THE HOUSE H.28 Page 67 of 69 her the Commissioner’s agents, and such a dealer shall, within 30 days after the expiration of his or her the dealer’s license and upon request of the Commissioner, file with the Commissioner a sworn or affirmed statement of such record or such part thereof any record or portion of a record as the Commissioner may require.

§§ 4454(d) 4454(d) is amended to read:

* * * VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 64 of 65 Sec.

§§ 4508 4508 is amended to read:

SALE OF FORFEITED EQUIPMENT Upon seizure of such firearm, jack, light, vehicle, or device without a warrant, a game warden or other officer shall forthwith make complaint, under oath or affirmation, subscribed by him or her a game warden or officer, to a court or magistrate having jurisdiction of offenses hereunder under this title in BILL AS PASSED BY THE HOUSE H.28 Page 68 of 69 whose jurisdiction the same was item or items were seized.

§§ 6027 6027 is amended to read:

* * * VT LEG #386652 v.1 AS PASSED BY HOUSE H.28 Page 65 of 65 * * * Purpose;

INTERPRETATION The purpose of this act is to expressly include the option of an affirmation in each instance in which an oath or swearing is authorized or required throughout Titles 1–10 of the Vermont Statutes Annotated (V.S.A.), except in BILL AS PASSED BY THE HOUSE H.28 Page 69 of 69 interstate compacts or as otherwise limited by law.

Where possible, the technical amendments in this act shall be interpreted to be supplemental to other amendments to the same sections of statute;tostatute; the extent the provisions conflict, the substantive changes in other acts shall take precedence over the technical changes in this act.

to the extent the provisions conflict, the substantive changes in other acts shall take precedence over the technical changes in this act.

EFFECTIVE DATE This act shall take effect on July 1, 2025.

Sec.

105.

VT LEG #386652 v.1