Senate committee reviews bill to create cemetery vandalism response fund funded by $5 fee

Senate Committee on Government Operations members on Jan. 27 reviewed S.275, a bill that would create a statewide Cemetery Vandalism Response Fund to help pay for repairs after targeted vandalism at Vermont burial sites.

The bill, as described to the committee, would have the Vermont Old Cemetery Association (VOCA) administer grants to cemeteries and cemetery agencies to repair ‘‘qualifying damage’’ caused by willful or malicious acts. Senator David Weeks, sponsor of S.275, told the committee the program is intended to help towns and volunteer cemetery commissions that typically lack funds for costly repairs and that applicants should first seek insurance or contributions from next of kin before applying for grants.

Legislative counsel walking the committee through the text said the proposal requires an agency to report an act of vandalism to VOCA within 30 days of discovery and allows agencies up to six months after reporting to apply for a grant. A complete application must include a description of qualifying damage, photographs, the date the vandalism was reported, documentation of attempts to obtain other funding (including insurance), and bids from at least two contractors. The counsel noted VOCA would review complete applications within 90 days using discretionary prioritization factors including the severity of damage, whether the incident is part of a wave of vandalism, emotional distress to visiting families, prior use of the fund, and availability of monies.

Tom Giffin, identified in committee testimony as president of the Vermont Old Cemetery Association and Rutland city cemetery commissioner, described VOCA’s restoration work and argued a small, statewide fund would allow towns to respond quickly to large‑scale or targeted vandalism. ‘‘Vermont has close to 2,000 cemeteries,’’ Giffin said, and ‘‘a single stone with a single break could cost several hundred dollars’’ to fix, while large incidents can total thousands of dollars for a municipality.

On funding, the draft ties the fund’s revenues to a $5 contribution per burial or cremation performed by an agency; agencies would remit a single annual payment reporting the amount collected for the preceding calendar year, with funds slated for disbursement by Jan. 31. Counsel noted the bill is written so an agency can decide how to collect the contribution (it could be assessed to the person arranging the burial or absorbed by the provider) and that initial fee collection would begin on Jan. 1, 2027 if the bill becomes effective July 1, 2026, meaning funds would likely not be available until the next remittance cycle.

Committee members pressed several implementation questions: whether the fund should cover accidental damage as well as willful vandalism, whether the qualifying-damage definition should use the term ‘‘intentional’’ instead of ‘‘willful or malicious,’’ how VOCA should apply discretionary prioritization factors, the burden and practicality of requiring two contractor bids in small towns, and whether funds should be paid to cemetery commissioners directly or routed through municipal accounts. Senator White asked specifically whether ‘‘someone accidentally backing into a gravestone’’ would be covered; counsel and witnesses said the intent of the draft is to target intentional or reckless acts, not ordinary accidents, but that language could be clarified.

Members also noted the committee will seek testimony from funeral directors and crematoria about collection mechanics and asked the Joint Fiscal Office to prepare a fiscal note on projected revenues. No formal vote or final action occurred; members said they expect follow-up testimony and potential edits before seeking to vote the bill out of committee.