Special Session: Text of draft bill #21-1038, Temporary Municipal Mask Mandate

The text for the draft bill #21-1038, A/K/A the Temporary Municipal Mask Mandate Act, appears below. It was drafted by Jaye Johnson, legal counsel for the Scott administration. It is expected to be introduced into the Vermont Senate shortly after 10 a.m. this morning in a Special Session of the Vermont Legislature.

a) This bill may be referred to as the [Temporary Municipal Mask Mandate Act].
a) Notwithstanding any provision of law to the contrary, for purposes of COVID-19 prevention and
mitigation, the legislative body of a town or city may make and enforce rules in such town or
city to require individuals to wear masks or cloth facial coverings over their nose and mouth any
time they are in indoor public spaces where they come in contact with others from outside their
households, especially in congregate settings, and where it is not possible to maintain a physical
distance of at least six feet.

  1. Nothing in the rules of a town or city shall require the use of a mask or cloth facial
    covering when:
    A. someone is engaged in strenuous exercise or activity;
    B. for anyone under the age of 2;
    C. any child or adult with a medical or developmental issue or challenge that
    is complicated or irritated by a facial covering;
    D. anyone with difficulty breathing; or
    E. or as further set forth in guidance issued by the Vermont Department of
  2. A person who declines to wear a mask or cloth face covering because of a medical or
    developmental issue, or difficulty breathing, shall not be required to produce
    documentation, or other evidence, verifying the condition.
  3. Nothing in the rules of a town or city shall preempt the polices of the school board
    applicable to schools.
  4. The rules shall be posted and published in the same manner that ordinances of the
    municipality are required to be posted and published.
  5. The rules may continue in effect for a period not to exceed 30 days, but may be renewed
    by further action of the legislative body for successive periods of up to 30 days through
    April 30, 2022, when all such rules then in place shall be deemed repealed and of no
    further force and effect.
    b) This section is repealed on May 1, 2022.

8 replies »

    Get ready to do all your shopping in mask-less, tax free New Hampshire!

  2. Peaceful Civil Disobedience!

    The draft states that the Town can “enforce the rules . . .” “Enforce”, exactly how?

    That is Not Freedom. It’s quite the opposite.

    Business Owners Must Stand Up for Freedom, you are We The People Too!

    Liberty is from God not man.

  3. The wording of this legislation is Mask or cloth facial covering, with no specification.
    Fiberglass insect screen meets this definition- and will be as effective as 3 plies of polypropylene or a layer of cotton.
    This has nothing to do with safety nor transmission of airborne particles. If it did, there would be specifications and fit requirements. This legislation is simply about control and to show the fearful and Democrat/Socialist voter that the legislature is doing something, even if wrong.
    An effective and potentially life saving piece of legislation would indemnify medical professionals from liability for prescribing “off-Label”, for treatment of SARS-CoV-2.

  4. I am waiting to see which towns enact this mandate. I watched pete welch at the pride parade one week masked up then the next week in a crowd at the national guard base totally unmasked!! I noticed bj donavan in similar circumstances! If masks were so important one would think the marxist leadership would wear theirs all the time. No Masks for Me!!