Vermont Statutes Title 18 Sec. 4247
Terms Used In Vermont Statutes Title 18 Sec. 4247
- Department: means the Department of Health. See
- Sale: means transfer for a consideration or barter or exchange or an offer or express or implied promise to transfer for a consideration or barter or exchange, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 4247. Disposition of property
(a) Whenever property is forfeited and delivered to the State Treasurer under this subchapter, the State Treasurer shall, not sooner than 90 days after the date the property is delivered, sell the property at a public sale held under 27 Vt. Stat. Ann. chapter 18, subchapter 7.
(b) The proceeds from the sale of forfeited property shall be used first to offset any costs of selling the property and then, after any liens on the property have been paid in full, applied to payment of seizure, storage, and forfeiture expenses, including animal care expenses related to the underlying violation. Remaining proceeds shall be distributed as follows:
(1)(A) 45 percent shall be distributed among:
(i) the Office of the Attorney General;
(ii) the Department of State’s Attorneys and Sheriffs; and
(iii) State and local law enforcement agencies.
[Subsection (b)(1)(B) repealed effective July 1, 2024.]
(B) The Agency of Administration is authorized to determine the allocations among the groups listed in subdivision (A) of this subdivision (1) and may only reimburse the prosecutor and law enforcement agencies that participated in the enforcement effort resulting in the forfeiture for expenses incurred, including actual expenses for involved personnel. The proceeds shall be held by the Treasurer until the Agency notifies the Treasurer of the allocation determinations, at which time the Treasurer shall forward the allocated amounts to the appropriate agency’s operating funds.
(2) The remaining 55 percent shall be deposited in the General Fund. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 2015, No. 53, § 7; 2021, No. 141 (Adj. Sess.), § 2, eff. July 1, 2022; 2021, No. 141 (Adj. Sess.), § 3.)