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NO. 30. AN ACT RELATING TO THE PREPARATION AND PUBLICATION OF THE VERMONT STATUTES ANNOTATED.

(H.498)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 2 V.S.A. chapter 13, subchapter 5 is added to read:

Subchapter 5. Statutory Revision

§ 421. LEGISLATIVE COUNCIL; STATUTORY PUBLICATION AND

REVISION DUTIES

(a) The legislative council shall continuously maintain and update a formal topical revision of existing permanent statutory law to be known as the Vermont Statutes Annotated. The topical revision shall be arranged in a systematic and annotated form that is consolidated into the smallest practical number of volumes and indexes.

(b) The legislative council, on behalf of the state of Vermont, shall hold the copyright to the Vermont Statutes Annotated.

§ 422. CONTRACT FOR PREPARATION OF VERMONT STATUTES

ANNOTATED AND THE ACTS AND RESOLVES

(a) The legislative council shall contract with a competent legal publisher to revise and publish the Vermont Statutes Annotated.

(b) The contract for publishing the Vermont Statutes Annotated shall provide for the annual editing and publishing of cumulative pocket part supplements after each biennial and adjourned legislative session for the duration of the contract. The cumulative pocket part supplements shall include all the codified laws that were enacted during the concluded biennial or adjourned session of the general assembly, and during any special session that has occurred since the last annual publication. Each edition of the cumulative pocket part supplements to the Vermont Statutes Annotated shall include all annotations of constructions of the supreme court of the state of Vermont and all federal courts of the United States, available at the closing date of each edition of the pocket parts.

(c) The contracted publisher shall, as provided in the contract, or as statutorily directed by the general assembly, publish replacement volumes of existing titles, or separate volumes of new titles, of the Vermont Statutes Annotated.

§ 423. ACCEPTANCE AS EVIDENCE OF LAW

(a) The legislative council shall require the contracted publisher to deliver the cumulative pocket parts and separate supplements to the Vermont Statutes Annotated prior to the convening of the next session of the general assembly, which shall include a certificate of authenticity that the legislative council shall issue. The certificate shall entitle the statutes contained in the cumulative pocket parts and separate supplements to admission in all the courts of Vermont as prima facie evidence of the law, and may be cited as "V.S.A."

(b) The legislative council shall require the contracted publisher to deliver new and replacement volumes of the Vermont Statutes Annotated with a certificate of authenticity that the legislative council shall issue. The certificate shall entitle the statutes contained in the new and replacement volumes to admission in all the courts of Vermont as prima facie evidence of the law, and may be cited as "V.S.A."

(c) A certificate of authority issued by the statutory revision commission pursuant to the authority of the former 1 V.S.A. § 4 shall continue to entitle a cumulative pocket part and separate supplement, or a new and replacement volume, for which it was issued to admission in all the courts of Vermont as prima facie evidence of the law and may be cited as "V.S.A."

§ 424. LEGISLATIVE COUNCIL; REVISION AUTHORITY

In preparing an individual act for codification in the Vermont Statutes Annotated, the legislative council may not alter the sense, meaning or effect of any act of the general assembly, but it may:

(1) renumber and rearrange sections or parts of sections;

(2) transfer sections or divide sections so as to give separate section numbers to distinct subject matters, but without changing the meaning;

(3) insert or change the wording of headnotes;

(4) change reference numbers to agree with renumbered chapters or sections;

(5) substitute the proper section or chapter number for the terms "this act", "the preceding section" and similar terms;

(6) strike out figures where they are merely a repetition of written words and vice versa;

(7) change capitalization for the purpose of conformity;

(8) correct manifest typographical and grammatical errors;

(9) make any changes in any of the forms provided as guides which may be necessitated by changes in the substantive law; and

(10) make any other purely formal or clerical changes in keeping with the purposes of revision.

§ 425. STATUTORY DATABASES

The legislative council shall maintain official computerized databases of the Vermont Statutes Annotated. The databases shall include the enactment history of a codified statutory section, but shall not maintain the revisor’s notes, the judicial annotations added by the publisher, or the acts and resolves. The legislative council shall post these databases, along with a seal of authenticity, on the worldwide web site of the Vermont general assembly.

§ 426. ANNUAL STATUTORY REVISION LEGISLATION

Annually, by February 1, the legislative council may prepare and submit to the general assembly a bill that proposes recommendations of any additions, repeals or amendments to the existing statutes.

Sec. 2. TRANSITIONAL PROVISIONS

(a) The statutory revision commission shall perform the duties assigned in chapter 1 of Title 1 for the 2001 biennial session of the general assembly. The legislative council shall be responsible for all certification, publication and revision duties related to the Vermont Statutes Annotated, beginning with the 2002 adjourned session of the general assembly.

(b) The duties and obligations of the contracting state government entity, for any outstanding contracts with a legal publisher, for the publication of either the Vermont Statutes Annotated or the acts and resolves, shall be transferred to the legislative council on December 1, 2001.

Sec. 3. REPEAL

Chapter 1, subchapter 1 of 1 V.S.A. (entitled Statutory Revision Commission; Continuous Revision) and 1 V.S.A. § 60 (relating to supplements and continuous statutory revision) are repealed.

Sec. 4. EFFECTIVE DATE

This act shall take effect on July 1, 2001, except that Sec. 3 shall take effect on December 1, 2001.

Approved: May 21, 2001