Vermont S 275: An act relating to creation of the Cemetery Vandalism Response Fund

Bill Text

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VT LEG #382720 v.2
S.275 1
Introduced by Senators Weeks, Collamore and Williams 2
Referred to Committee on 3
Date: 4
Subject: Cemeteries; vandalism; grant; fee 5
Statement of purpose of bill as introduced: This bill proposes to create the 6
Cemetery Vandalism Response Fund to assist in the repair of Vermont 7
cemeteries that have been vandalized. 8
An act relating to creation of the Cemetery Vandalism Response Fund 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 18 V.S.A. § 5302 is amended to read: 11
§ 5302. DEFINITIONS 12
As used in this chapter and unless otherwise required by the context: 13
(1) “Agencies” means town cemeteries; religious or ecclesiastical 14
society cemeteries; cemetery associations; and any person, firm, corporation, 15
or unincorporated association engaged in the business of a cemetery. 16
* * * 17
(13) “Niche” means a recess in a columbarium used, or intended to be 18
used, for the permanent disposition of human remains of one or more deceased 19
persons. 20

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(14) “Qualifying damage” means damage caused by acts of vandalism 1
that cannot be repaired by means of regular maintenance. 2
(15) “Regular maintenance” means regular upkeep, including mowing 3
and tree removal. 4
(16) “Temporary receiving vault” means a vault or crypt in a structure 5
of durable and lasting construction used, or intended to be used, for the 6
temporary deposit of the remains of a deceased person for a period of time not 7
exceeding one year. 8
(17) “Vandalism” means the willful or malicious destruction or 9
defacement of property in a cemetery, such as the toppling of memorial stones 10
and damage to crypts, niches, grave sites, monuments, or memorials. 11
Sec. 2. 18 V.S.A. § 5324 is added to read: 12
§ 5324. CEMETERY VANDALISM RESPONSE GRANTS 13
(a) The Vermont Old Cemetery Association (VOCA) shall provide grants 14
to an agency to repair vandalized cemeteries. 15
(b) Within 30 days after the discovery of an act of vandalism, as defined in 16
section 5302 of this title, an agency shall: 17
(1) Report the act to VOCA either verbally or in writing. 18
(2) Provide written notice to the lot owner or next of kin if damage was 19
done to a crypt, niche, grave site, monument, or memorial. The notice shall 20
advise the lot owner or next of kin to seek insurance benefits that may be 21

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available pursuant to a homeowner’s insurance policy. A copy of the notice 1
shall be maintained by the agency. 2
(c) Within six months after reporting an act of vandalism, the agency may 3
apply to VOCA for a grant to repair the qualifying damage. 4
(1) The grant application shall include the following: 5
(A) a description of the qualifying damage, photographs of the 6
qualifying damage, and the date that the report of vandalism was filed with 7
VOCA; 8
(B) a copy of any letters, newspaper advertisements, or other 9
documented attempts to obtain funding for the repair from the family of the 10
deceased; 11
(C) a copy of other reports relating to the act of vandalism filed in 12
accordance with law; 13
(D) a copy of bids submitted by at least two contractors for the cost 14
of repairs; and 15
(E) a statement signed by the cemetery commissioner or other proper 16
officer that the agency has no available funds that it is authorized to use for the 17
purpose of repair; that it has not been able to obtain sufficient funds from the 18
family of the deceased, including insurance benefits; and that the proposed 19
costs of the repairs are fair and reasonable. 20

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(2) A VOCA representative shall review the qualifying damage within 1
90 days after receipt of a complete grant application and make a determination 2
based on the following factors: 3
(A) whether there is qualifying damage; 4
(B) severity of the qualifying damage; 5
(C) whether the vandalism is part of a wave of vandalism; 6
(D) emotional distress to visiting families; 7
(E) appropriateness of prior use of payments from the Cemetery 8
Vandalism Response Fund; 9
(F) priority of application based upon previous allocations; and 10
(G) availability of monies within the Cemetery Vandalism Response 11
Fund. 12
(3) Upon approval, the VOCA treasurer shall disburse funds directly to 13
the appropriate cemetery commissioner or other proper officer. The agency 14
shall apply all disbursements made by VOCA to the repair of the vandalized 15
property described in the vandalism grant application. Any funds remaining 16
after the repairs have been performed must be returned to VOCA for redeposit 17
to the Cemetery Vandalism Response Fund. 18
(4) Within 90 days after receipt of disbursements, the agency shall make 19
a final report to VOCA. The final report shall include the repairs made and by 20
whom, the amount of funds expended, and