Text of VT S 301 (2026)

BILL AS INTRODUCED S.301 2026 Page 1 of 16 VT LEG #385908 v.1 S.301 1 Introduced by Senators Gulick, Major and Ram Hinsdale 2 Referred to Committee on 3 Date: 4 Subject: Prohibited acts; public accommodations; unfair housing practices; 5 discrimination; hate crimes; Executive Branch; civil rights 6 Statement of purpose of bill as introduced: This bill proposes to make 7 numerous miscellaneous amendments to the laws against discrimination and to 8 establish the Civil Rights Coordinating Council and the Civil Rights and Equal 9 Protection Special Fund. 10 An act relating to miscellaneous amendments to the prohibitions on 11 discrimination 12 It is hereby enacted by the General Assembly of the State of Vermont: 13 * * * Short Title, Purpose, and Findings * * * 14 Sec. 1. SHORT TITLE 15 This act may be cited as “the Vermont Civil Rights Sovereignty and Equal 16 Protection Act of 2026.” 17 Sec. 2. PURPOSE 18 The purpose of this act is to: 19 BILL AS INTRODUCED S.301 2026 Page 2 of 16 VT LEG #385908 v.1 (1) modernize, unify, and expand Vermont’s civil rights protections to 1 ensure the equal enjoyment of liberty, dignity, and opportunity for all 2 individuals in the State of Vermont; 3 (2) integrate and strengthen civil rights protections across titles; 4 (3) establish a comprehensive, State-funded and State-controlled civil 5 rights enforcement system that is fully independent of federal funding or policy 6 shifts; and 7 (4) replace lost federal civil rights enforcement capacity and mitigate 8 federal rollbacks by establishing Vermont-specific standards, remedies, and 9 institutions. 10 Sec. 3. LEGISLATIVE FINDINGS 11 The General Assembly finds: 12 (1) Federal rollbacks in civil rights enforcement, reductions in staffing, 13 and withdrawal of programmatic funding threaten the equal protection of 14 Vermonters. 15 (2) Vermont statutes currently contain fragmented and inconsistent 16 definitions, enforcement standards, and remedies, producing confusion and 17 uneven protection. 18 (3) Systemic discrimination, including discrimination that arises through 19 disparate impact, undermines democracy, the rule of law, and Vermont’s 20 constitutional commitment to equality. 21 BILL AS INTRODUCED S.301 2026 Page 3 of 16 VT LEG #385908 v.1 (4) Vermont must not depend on the federal government for the funding 1 or execution of its civil rights enforcement obligations and must build 2 independent, sustainable State capacity. 3 * * * Public Accommodations and Unfair Housing * * * 4 Sec. 4. 9 V.S.A. § 4500 is amended to read: 5 § 4500. LEGISLATIVE INTENT 6 * * * 7 (d) It is the intent of the General Assembly that all State agencies, political 8 subdivisions, housing authorities, and recipients of State housing-related funds 9 take meaningful actions to combat discrimination, including actions that: 10 (1) overcome patterns of segregation; 11 (2) promote fair housing choice; and 12 (3) foster inclusive communities free from barriers that restrict access to 13 housing based on protected characteristics. 14 Sec. 5. 9 V.S.A. § 4501 is amended to read: 15 § 4501. DEFINITIONS 16 As used in this chapter: 17 * * * 18 (12)(A) “Harass” means to engage in unwelcome conduct that detracts 19 from, undermines, or interferes with a person’s: 20 BILL AS INTRODUCED S.301 2026 Page 4 of 16 VT LEG #385908 v.1 (i) use of a place of public accommodation or any of the 1 accommodations, advantages, facilities, goods, services, or privileges of a 2 place of public accommodation because of the person’s race, creed religion, 3 color, national origin, citizenship, immigration status, marital status, sex, 4 sexual orientation, gender identity, source of income, housing status, veteran 5 status, crime victim status, or disability; or 6 (ii) terms, conditions, privileges, or protections in the sale or rental 7 of a dwelling or other real estate, or in the provision of services or facilities in 8 connection with a dwelling or other real estate, because of the person’s race, 9 sex, sexual orientation, gender identity, age, marital status, religious creed 10 religion, color, national origin, citizenship, immigration status, veteran status, 11 crime victim status, or disability, or because the person intends to occupy a 12 dwelling with one or more minor children, or because the person is a recipient 13 of public assistance, or because the person is a victim of abuse, sexual assault, 14 or stalking. 15 (B) Notwithstanding any judicial precedent to the contrary, harassing 16 conduct need not be severe or pervasive to be unlawful pursuant to the 17 provisions of this chapter. In determining whether conduct constitutes 18 unlawful harassment: 19 * * * 20 BILL AS INTRODUCED S.301 2026 Page 5 of 16 VT LEG #385908 v.1 (iii) Conduct may constitute unlawful harassment, regardless of 1 whether: 2 * * * 3 (IV) despite the conduct, the complaining person was able to: 4 (aa) use the place of public accommodation or any of the 5 accommodations, advantages, facilities, goods, services, or privileges of the 6 place of public accommodation; or 7 * * * 8 Sec. 6. 9 V.S.A. § 4502 is amended to read: 9 § 4502. PUBLIC ACCOMMODATIONS 10 (a) An owner or operator of a place of public accommodation or an agent 11 or employee of such owner or operator shall not, because of the race, creed 12 religion, color, national origin, citizenship, immigration status, marital status, 13 sex, sexual orientation, or gender identity, source of income, housing status, 14 veteran status, or crime victim status of any person, refuse, withhold from, or 15 deny to that person any of the accommodations, advantages, facilities, goods, 16 services, and privileges of the place of public accommodation. 17 * * * 18 Sec. 7. 9 V.S.A. § 4503 is amended to read: 19 § 4503. UNFAIR HOUSING PRACTICES 20 (a) It shall be unlawful for any person: 21 BILL AS INTRODUCED S.301 2026 Page 6 of 16 VT LEG #385908 v.1 (1) To refuse to sell or rent, or refuse to negotiate for the sale or rental 1 of, or otherwise make unavailable or deny, a dwelling or other real estate to 2 any person because of the race, sex, sexual orientation, gender identity, age, 3 marital status, religious creed religion, color, national origin, citizenship, 4 immigration status, veteran status, crime victim status, or disability of a person, 5 or because a person intends to occupy a dwelling with one or more minor 6 children, or because a person is a recipient of public assistance, or because a 7 person is a victim of abuse, sexual assault, or stalking. 8 (2) To discriminate against, or to harass, any person in the terms, 9 conditions, privileges, and protections of the sale or rental of a dwelling or 10 other real estate, or in the provision of services or facilities in connection with 11 a dwelling or other real estate, because of the race, sex, sexual orientation, 12 gender identity, age, marital status, religious creed religion, color, national 13 origin, citizenship, immigration status, veteran status, crime victim status, or 14 disability of a person, or because a person intends to occupy a dwelling with 15 one or more minor children, or because a person is a recipient of public 16 assistance, or because a person is a victim of abuse, sexual assault, or stalking. 17 (3) To make, print, or publish, or cause to be made, printed, or published 18 any notice, statement, or advertisement, with respect to the sale or rental of a 19 dwelling or other real estate that indicates any preference, limitation, or 20 discrimination based on race, sex, sexual orientation, gender identity, age, 21 BILL AS INTRODUCED S.301 2026 Page 7 of 16 VT LEG #385908 v.1 marital status, religious creed religion, color, national origin, citizenship, 1 immigration status, veteran status, crime victim status, or disability of a person, 2 or because a person intends to occupy a dwelling with one or more minor 3 children, or because a person is a recipient of public assistance, or because a 4 person is a victim of abuse, sexual assault, or stalking. 5 (4) To represent to any person because of the race, sex, sexual 6 orientation, gender identity, age, marital status, religious creed religion, color, 7 national origin, citizenship, immigration status, veteran status, crime victim 8 status, or disability of a person, or because a person intends to occupy a 9 dwelling with one or more minor children, or because a person is a recipient of 10 public assistance, or because a person is a victim of abuse, sexual assault, or 11 stalking, that any dwelling or other real estate is not available for inspection, 12 sale, or rental when the dwelling or real estate is in fact so available. 13 * * * 14 (6) To discriminate against any person in the making or purchasing of 15 loans or providing other financial assistance for real-estate-related transactions 16 or in the selling, brokering, or appraising of residential real property, because 17 of the race, sex, sexual orientation, gender identity, age, marital status, 18 religious creed religion, color, national origin, citizenship, immigration status, 19 veteran status, crime victim status, or disability of a person, or because a 20 person intends to occupy a dwelling with one or more minor children, or 21 BILL AS INTRODUCED S.301 2026 Page 8 of 16 VT LEG #385908 v.1 because a person is a recipient of public assistance, or because a person is a 1 victim of abuse, sexual assault, or stalking. 2 (7) To engage in blockbusting practices, for profit, which may include 3 inducing or attempting to induce a person to sell or rent a dwelling by 4 representations regarding the entry into the neighborhood of a person or 5 persons of a particular race, sex, sexual orientation, gender identity, age, 6 marital status, religious creed religion, color, national origin, citizenship, 7 immigration status, veteran status, crime victim status, or disability of a person, 8 or because a person intends to occupy a dwelling with one or more minor 9 children, or because a person is a recipient of public assistance, or because a 10 person is a victim of abuse, sexual assault, or stalking. 11 (8) To deny any person access to or membership or participation in any 12 multiple listing service, real estate brokers’ organization, or other service, 13 organization, or facility relating to the business of selling or renting dwellings, 14 or to discriminate against any person in the terms or conditions of such access, 15 membership, or participation, on account of race, sex, sexual orientation, 16 gender identity, age, marital status, religious creed religion, color, national 17 origin, citizenship, immigration status, veteran status, crime victim status, or 18 disability of a person, or because a person is a recipient of public assistance, or 19 because a person is a victim of abuse, sexual assault, or stalking. 20 * * * 21 BILL AS INTRODUCED S.301 2026 Page 9 of 16 VT LEG #385908 v.1 (12) To discriminate in land use decisions or in the permitting of 1 housing because of race, sex, sexual orientation, gender identity, age, marital 2 status, religious creed religion, color, national origin, citizenship, immigration 3 status, veteran status, crime victim status, disability, the presence of one or 4 more minor children, income, or because of the receipt of public assistance, or 5 because a person is a victim of abuse, sexual assault, or stalking, except as 6 otherwise provided by law. 7 * * * 8 * * * Hate-Motivated Crimes * * * 9 Sec. 8. 13 V.S.A. § 1455 is amended to read: 10 § 1455. HATE-MOTIVATED CRIMES 11 * * * 12 (c) As used in this section, “protected category” includes race, color, 13 religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces 14 or the National Guard, disability as defined by 21 V.S.A. § 495d(5), sexual 15 orientation, gender identity, citizenship, immigration status, marital status, 16 source of income, housing status, crime victim status, and perceived 17 membership in any such group. 18 * * * Mandatory Trainings * * * 19 Sec. 9. 21 V.S.A. § 495q is added to read: 20 § 495q. MANDATORY TRAINING 21 BILL AS INTRODUCED S.301 2026 Page 10 of 16 VT LEG #385908 v.1 (a) “Municipal employer” means an employer as defined in subdivision 1 1722(13) of this title. 2 (b) The Executive Branch of the State of Vermont and all municipal 3 employers shall provide mandatory training to employees on the provisions of 4 chapter 5, subchapter 6 of this title. 5 * * * Civil Rights Council and Special Fund * * * 6 Sec. 10. 3 V.S.A. chapter 7, subchapter 3 is added to read: 7 Subchapter 3. Civil Rights and Equal Protection 8 § 171. CIVIL RIGHTS COORDINATING COUNCIL 9 (a) Creation. The Civil Rights Coordinating Council is created to ensure 10 statewide alignment, coordination, and accountability across civil rights 11 enforcement agencies, entities, and programs. 12 (b) Membership. The Council shall be overseen by the Office of the 13 Attorney General and shall be composed of the following members: 14 (1) the Attorney General or designee; 15 (2) the Executive Director of the Vermont Human Rights Commission 16 or designee; 17 (3) the Executive Director of Racial Equity or designee; 18 (4) the Commissioner of Housing and Community Development or 19 designee; 20 (5) the Commissioner of Labor or designee; 21 BILL AS INTRODUCED S.301 2026 Page 11 of 16 VT LEG #385908 v.1 (6) the Commissioner of Public Safety or designee; 1 (7) the Commissioner of Health or designee; 2 (8) one member of a municipal civil-rights board, appointed by the 3 Vermont League of Cities and Towns; 4 (9) one member of a school district or supervisory union, appointed by 5 the Vermont School Boards Association; 6 (10) one member with lived experience of discrimination, appointed by 7 the Vermont Human Rights Commission; 8 (11) one member representing a community civil rights or racial justice 9 organization, appointed by the Governor; 10 (12) one member representing the rights of individuals with disabilities, 11 appointed by the Vermont Developmental Disabilities Council; and 12 (13) one member representing the LGBTQ+ community, appointed by 13 the Pride Center of Vermont or successor organization. 14 (c) Duties and responsibilities. The Council shall: 15 (1) coordinate and ensure alignment of enforcement actions among the 16 Attorney General, the Vermont Human Rights Commission, and the Office of 17 Racial Equity; 18 (2) develop uniform policies for handling complaints, investigations, 19 data collection and reporting, and analysis of disparate impacts; 20 BILL AS INTRODUCED S.301 2026 Page 12 of 16 VT LEG #385908 v.1 (3) develop and disseminate civil rights impact assessments and 1 recommendations for use in State and local government; 2 (4) create model curricula and minimum training requirements for 3 public entities on antidiscrimination, antibias, anti-oppression, and civil rights 4 compliance; 5 (5) monitor federal policy changes, court decisions, and executive 6 actions that may impact Vermont’s civil rights obligations and issue guidance 7 for proper implementation or mitigation; 8 (6) ensure coordinated reporting to and exchange of data with the Office 9 of the Attorney General’s Civil Rights Unit and the Division of Racial Justice 10 Statistics within the Office of Racial Equity; and 11 (7) develop technical assistance and model ordinances for use among 12 local government civil rights boards, commissions, and school districts. 13 (d) Meetings. 14 (1) The Attorney General or designee shall be the Chair of the Council. 15 (2) The Council shall meet at least six times per year at the call of the 16 Chair. 17 (3) Seven members of the Council shall constitute a quorum. 18 (e) Staffing. The Council shall have the administrative, technical, and legal 19 assistance of the Office of the Attorney General and the Office of Racial 20 BILL AS INTRODUCED S.301 2026 Page 13 of 16 VT LEG #385908 v.1 Equity. The Council may hire additional staff to be funded by the Civil Rights 1 and Equal Protection Special Fund created by section 172 of this title. 2 (f) Report. Annually, on or before November 15, the Council shall submit 3 a written report to the Governor, the House Committees on Government 4 Operations and Military Affairs and on Judiciary, the Senate Committees on 5 Government Operations and on Judiciary, and the Office of Racial Equity. 6 The report shall include: 7 (1) information on statewide enforcement efforts; 8 (2) progress made on the duties and responsibilities of the Council; 9 (3) an analysis of systemic barriers; 10 (4) recommendations for policy and statutory changes; and 11 (5) a summary of federal actions that pose a risk to Vermonters’ civil 12 rights. 13 § 172. CIVIL RIGHTS AND EQUAL PROTECTION SPECIAL FUND 14 (a) Purpose. The purpose of this section is to create a fund to support the 15 enforcement of Vermont’s civil rights and equal protection laws independent 16 of any federal funding. 17 (b) Creation. There is created the Civil Rights and Equal Protection 18 Special Fund that shall be managed in accordance with 32 V.S.A. chapter 7, 19 subchapter 5. The Fund shall be administered by the Attorney General. 20 Monies in the Fund shall be used: 21 BILL AS INTRODUCED S.301 2026 Page 14 of 16 VT LEG #385908 v.1 (1) to support the staffing, operations, investigative capacity, and 1 community outreach of the Office of the Attorney General’s Civil Rights Unit, 2 the Vermont Human Rights Commission, and the Office of Racial Equity; 3 (2) to administer the collection of data to support the Division of Racial 4 Justice Statistics within the Office of Racial Equity; 5 (3) to provide funding for legal costs associated with the violation of a 6 kindergarten through grade 12 educator’s civil rights when such costs are not 7 covered by the liability insurance of the educator’s employer; 8 (4) to provide training and education on civil rights, antidiscrimination, 9 and anti-oppression matters; 10 (5) to meet public reporting and transparency requirements; and 11 (6) to provide grants or other financial assistance to municipalities to 12 comply with civil rights and equal protection laws. 13 (c) Sources of funding. 14 (1) No federal funds shall be deposited into the Fund. 15 (2) Notwithstanding any other law to the contrary, the Fund shall consist 16 of: 17 (A) two percent of the cannabis excise tax revenues collected under 18 32 V.S.A. § 7902; 19 (B) two percent of the State’s revenue share from sports wagering 20 operators under 31 V.S.A. chapter 25; 21 BILL AS INTRODUCED S.301 2026 Page 15 of 16 VT LEG #385908 v.1 (C) one-quarter of one percent of the tax on alcoholic beverages 1 imposed by 7 V.S.A. §§ 421 and 422; 2 (D) one-quarter of one percent of the tax on tobacco products 3 imposed by 32 V.S.A. § 7811; 4 (E) all civil penalties, fines, and settlements recovered pursuant to: 5 (i) 9 V.S.A. chapter 139; 6 (ii) 13 V.S.A. chapter 31; 7 (iii) 13 V.S.A. chapter 33; and 8 (iv) 21 V.S.A. chapter 5; and 9 (F) any gifts, grants, or donations from private or philanthropic 10 sources to support the enforcement of State civil rights and equal protection 11 laws. 12 (3) It is the intent of the General Assembly that $12,000,000.00, 13 adjusted for inflation, be appropriated annually to the Fund in future years. 14 (d) Rulemaking authority. The Attorney General may adopt rules to 15 implement this section. 16 * * * Report * * * 17 Sec. 11. REPORT 18 On or before November 1, 2026, the Court Administrator shall report to the 19 General Assembly on the frequency and outcomes of special motions to strike 20 made pursuant to 12 V.S.A. § 1041. 21 BILL AS INTRODUCED S.301 2026 Page 16 of 16 VT LEG #385908 v.1 * * * Appropriations * * * 1 Sec. 12. APPROPRIATIONS 2 The sum of $15,000,000.00 is appropriated from the General Fund to the 3 Civil Rights and Equal Protection Special Fund created by 3 V.S.A. § 172 in 4 fiscal year 2027 for the purposes established in that section. 5 * * * Effective Date * * * 6 Sec. 13. EFFECTIVE DATE 7 This act shall take effect on July 1, 2026. 8