The state of emergency in Vermont first announced by Governor Scott on March 13, 2020 will end effective midnight, June 15. A number of bills and emergency measures contain provisions geared to the duration of the state of emergency, including evictions and foreclosure moratoriums and the civil statute of limitations. Bills allowing the remote executions of wills, deeds and powers of attorney are geared to the effective end date of the Emergency Rules for Remote Notarial Acts. Details about each bill are below. The Judiciary is expected to make an announcement soon about the effect the Governor’s announcement will have on AO 49, which is currently in effect through July 5.
Act 101 (S.333) – An act relating to establishing a moratorium on ejectment and foreclosure actions during the COVID 19 emergency. Click HERE for Act 101, and click HERE for a summary of Act 101. The moratoriums end thirty days “after the Governor terminates the state of emergency by declaration”.
Act 95 (S.114) – An act relating to the emergency judicial response to the COVID 19 public health emergency. Click HERE for Act 95 and click HERE for a summary of Act 95. It includes provisions allowing remote witnesses in powers of attorney and remote executions of deeds during the period that the Emergency Rules for Notarial Acts are in effect (currently those Rules are in effect through September 15, 2021) and provisions tolling the statute of limitations in civil actions. Regarding the suspension of the statute of limitations in civil actions, the act provides: Sec. 6. SUSPENSION OF STATUTES OF LIMITATIONS Notwithstanding any provision of law to the contrary, all statutes of limitations or statutes of repose for commencing a civil action in Vermont that would otherwise expire during the duration of any state of emergency declared by the Governor arising from the spread of COVID-19 are tolled until 60 days after the Governor terminates the state of emergency by declaration.
Act 96 (S.316) – An act relating to the execution of wills during an emergency. Click HERE for Act 96, and click HERE for a summary of Act 96. Act 96 is in effect during the period that the Emergency Rules for Notarial Acts are in effect. The current date through which the Emergency Rules are in effect is September 15, 2021.
Act 107 (H.950) – An act relating to allowing remote witnesses for advance directives for a limited time (through June 30, 2021). Click HERE for Act 107 and click HERE for an act summary. Act 6 (S.117) from this session extended the June 30, 2021 date to June 30, 2022. Click HERE for Act 6; the extended date is in Section 10 of the bill on pages 24-25.
