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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.

Sec. 1. SHORT TITLE.
a) This bill may be referred to as the [Temporary Municipal Mask Mandate Act].
Sec. 2. MUNICIPAL FACE COVERING REQUIREMENTS.
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
    Health.
  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    April 30, 2022, when all such rules then in place shall be deemed repealed and of no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    b) This section is repealed on May 1, 2022.
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