Vermont H. 283: An act relating to protecting against financial exploitation of vulnerable adults

Bill Text

BILL AS INTRODUCED H.283
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VT LEG #380555 v.1
H.283 1
Introduced by Representatives Harple of Glover, Priestley of Bradford, Burke 2
of Brattleboro, Burkhardt of South Burlington, Campbell of St. 3
Johnsbury, Dodge of Essex, Hunter of Manchester, Labor of 4
Morgan, Lalley of Shelburne, Masland of Thetford, McCann of 5
Montpelier, Nelson of Derby, Nugent of South Burlington, 6
Olson of Starksboro, Pouech of Hinesburg, Southworth of 7
Walden, and Wells of Brownington 8
Referred to Committee on 9
Date: 10
Subject: Conservation and development; use of State waters; municipal 11
delegation; wake boats 12
Statement of purpose of bill as introduced: This bill proposes to require the 13
Secretary of Natural Resources to delegate authority to regulate the use of 14
State waters to a municipality when the municipality is adjacent to the water 15
subject to delegation, the municipality requests the delegation to promote the 16
public good by restricting or prohibiting wake boats on the water for which it 17
is seeking delegation, and the municipality accepts the delegation by creating 18
or amending a bylaw or ordinance for regulation of the water. 19
An act relating to delegation of authority to regulate use of State waters 20

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VT LEG #380555 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 10 V.S.A. § 1424 is amended to read: 2
§ 1424. USE OF PUBLIC WATERS 3
(a) The Secretary may establish rules to implement the provisions of this 4
chapter, including: 5
(1) Rules to regulate the use of public waters of the State by: 6
(A) defining areas on public waters wherein certain uses may be 7
conducted; 8
(B) defining the uses which may be conducted in the defined areas; 9
(C) regulating the conduct in these areas, including the size of motors 10
allowed, size of boats allowed, allowable speeds for boats, and prohibiting the 11
use of motors or houseboats; and 12
(D) regulating the time various uses may be conducted. 13
(2) Rules to govern the surface levels of lakes, ponds, and reservoirs that 14
are public waters of the State. 15
(b) The Secretary in establishing rules under subdivision (a)(2) of this 16
section shall consider the size and flow of the navigable waters,; the 17
predominant use of adjacent lands,; the depth of the water,; the predominant 18
use of the waters prior to regulation,; the uses for which the water is 19
adaptable,; the availability of fishing, boating, and bathing facilities,; the 20
scenic beauty,; and recreational uses of the area. 21

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VT LEG #380555 v.1
(c) The Secretary shall attempt to manage the public waters so that the 1
various uses may be enjoyed in a reasonable manner, in the best interests of all 2
the citizens of the State. To the extent possible, the Secretary shall provide for 3
all normal uses. 4
(d) [Repealed.] 5
(e) On receipt of a written request that the Secretary adopt, amend, or 6
repeal a rule with respect to the use of public waters signed by not less than 7
one person, the Secretary shall consider the adoption of rules authorized under 8
this section and take appropriate action as required under 3 V.S.A. § 806. 9
(f)(1) By rule, the Secretary may shall delegate authority under this section 10
for the regulation of public waters where: 11
(1)(A) The the delegation is to a municipality that is adjacent to or 12
which contains the water; and 13
(B) the municipality requests the delegation to promote the public 14
good by restricting or prohibiting wake boats on the water for which it is 15
seeking delegation; and 16
(2)(C) The the municipality accepts the delegation by creating or 17
amending a bylaw or ordinance for regulation of the water. 18
(2) Appeals from a final act of the municipality under the bylaw or 19
ordinance shall be taken to the Environmental Division. The Secretary may 20

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VT LEG #380555 v.1
terminate a delegation for cause or without cause upon six months’ notice to 1
the municipality. 2
Sec. 2. EFFECTIVE DATE 3
This act shall take effect on passage. 4