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Terms Used In Vermont Statutes Title 20 Sec. 20

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Emergency management: means the preparation for and implementation of all emergency functions, other than the functions for which the U. See
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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

§ 20. Immunities and defenses

(a) Except in the case of willful misconduct or gross negligence, the State; any of its agencies; State employees as defined in 3 V.S.A. § 1101; political subdivisions; local emergency planning committees; or an individual, partnership, association, or corporation involved in emergency management activities shall not be liable for the death of or any injury to persons or loss or damage to property resulting from an emergency management service or response activity, including the development of local emergency plans and the response to those plans. Nothing in this section shall exclude the State, its agencies, political subdivisions, or employees from the protections and rights provided in 12 Vt. Stat. Ann. chapter 189.

(b) Any individual, partnership, association, corporation, or facility that provides personnel, training, or equipment through an agreement with the local emergency planning committee, the State Emergency Response Commission, or local emergency response officials is immune from civil liability to the same extent provided in subsection (a) of this section for any act performed within the scope of the agreement. (Amended 1989, No. 252 (Adj. Sess.), § 17; 2005, No. 209 (Adj. Sess.), § 16; 2021, No. 105 (Adj. Sess.), § 372, eff. July 1, 2022.)