Vermont H 61: An act relating to strict liability for damages caused by domestic dogs

Bill Text

BILL AS INTRODUCED H.61
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VT LEG #379249 v.1
H.61 1
Introduced by Representatives Higley of Lowell, Burtt of Cabot, Casey of 2
Hubbardton, Coffin of Cavendish, Nielsen of Brandon, Powers 3
of Waterford, Southworth of Walden, and Tagliavia of Corinth 4
Referred to Committee on 5
Date: 6
Subject: Health; health care decision making; bodily autonomy 7
Statement of purpose of bill as introduced: This bill proposes to recognize and 8
to prohibit any interference with an individual’s rights to bodily autonomy, to 9
make the individual’s own health care decisions, and to be free to accept or 10
refuse any health or medical intervention, testing, treatment, or vaccine based 11
on the individual’s own religious, conscientious, or personal beliefs. 12
An act relating to bodily autonomy and health care decision making 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 18 V.S.A. chapter 15 is added to read: 15
CHAPTER 15. RIGHTS TO BODILY AUTONOMY AND 16
HEALTH CARE DECISION MAKING 17
§ 851. STATEMENT OF POLICY 18
The State of Vermont recognizes the rights of each individual to bodily 19
autonomy, to make the individual’s own health care decisions, and to be free to 20

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VT LEG #379249 v.1
accept or refuse any health or medical intervention, testing, treatment, or 1
vaccine based on the individual’s own religious, conscientious, or personal 2
beliefs. 3
§ 852. COERCION AND INTERFERENCE PROHIBITED 4
(a)(1) Notwithstanding any provision of law to the contrary, the State of 5
Vermont; its agencies, subdivisions, instrumentalities, and designees; and all 6
other employers, businesses, nonprofit organizations, institutions, facilities, 7
schools, churches and other places of worship, travel carriers, licensing 8
authorities, and other individuals and public and private and entities shall not 9
deny, restrict, infringe upon, or impose conditions on an individual’s rights to 10
bodily autonomy, to make the individual’s own health care decisions, and to be 11
free to accept or refuse any health or medical intervention, testing, treatment, 12
or vaccine based on the individual’s own religious, conscientious, or personal 13
beliefs. 14
(2) The prohibitions set forth in subdivision (1) of this subsection 15
include not denying, restricting, infringing upon, or imposing conditions on an 16
individual’s employment, travel, education, child care, religion, benefits, 17
insurance, or participation in sports, camps, or other recreation based in whole 18
or in part on the exercise of an individual’s right to refuse any medical 19
intervention, testing, treatment, or vaccine based on the individual’s own 20
religious, conscientious, or personal beliefs. 21

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(b) Notwithstanding any provision of statute or rule to the contrary, 1
including a statute or rule addressing an outbreak, epidemic, or potential 2
outbreak or epidemic of a contagious, infectious, or communicable disease, 3
and notwithstanding any statute, rule, order, or directive that may be adopted 4
or promulgated in response to an emergency, including a national security 5
emergency, statewide emergency, local emergency, public health emergency, 6
or peacetime emergency, each individual shall retain the rights to bodily 7
autonomy, to make the individual’s own health care decisions, and to be free to 8
accept or refuse any health or medical intervention, testing, treatment, or 9
vaccine based on the individual’s own religious, conscientious, or personal 10
beliefs. 11
(c) Nothing in this section shall be construed to interfere with the right of a 12
parent to make decisions that the parent determines to be in the best interests of 13
the parent’s minor child or children. 14
§ 853. ENFORCEMENT 15
Any individual who suffers damage, loss, or injury as a result of any 16
conduct prohibited by section 852 of this chapter may bring an action in 17
Superior Court against the individual or entity that engaged in the conduct for 18
injunctive relief, compensatory and punitive damages, costs and reasonable 19
attorney’s fees, and other appropriate relief. 20

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VT LEG #379249 v.1
Sec. 2. EFFECTIVE DATE 1
This act shall take effect on passage. 2