PART 1 Generally

History

Revision note. The existing chapters of this title were designated as Part 1 of this title for the purposes of adding a new Part 2 relating to executive reorganization.

CHAPTER 1. GOVERNOR

Sec.

Cross References

Cross references. Executive powers, generally, see Vt. Const. Ch. II, § 20.

§ 1. Vacancy, absence from State.

  1. When there is a vacancy in the Offices of Governor and Lieutenant Governor, the Speaker of the House of Representatives shall act as Governor.
  2. When the Governor is absent from the State, the Lieutenant Governor shall act for him or her, and when both the Governor and Lieutenant Governor are absent from the State, the Speaker of the House shall act as Governor.

    Amended 1965, No. 9 , § 1, eff. March 24, 1965.

History

Source. V.S. 1947, § 424. P.L. § 381. G.L. § 352. P.S. § 276. V.S. § 208. R.L. § 146. G.S. 8, § 1. 1861, No. 3 , § 1. 1851, No. 43 .

Amendments--1965. Designated existing provisions of section as subsec. (a) and added subsec. (b).

§ 2. Agencies and boards in Governor's office.

The following agencies and boards are hereby attached to the Governor's office for administrative purposes:

  1. State Claims Commission
  2. Emergency Board
  3. All agencies which involve or concern interstate relationships including:
    1. Connecticut River Flood Control Commission
    2. New England Board of Higher Education
    3. [Repealed.]
    4. Lake Champlain Bridge Commission
    5. Tri-State Regional Medical Needs Board
    6. Committee on Tri-State Institutional Matters
    7. Uniform Laws Commission
    8. New England Interstate Water Pollution Control Commission
    9. Interstate Commission on Lake Champlain Basin
    10. Northeastern Forest Fire Protection Commission
  4. All interdepartmental agencies including:
    1. Interdepartmental Mental Health Council
    2. Traffic Committee.

      Added 1959, No. 329 (Adj. Sess.), § 2, eff. March 1, 1961; amended 1961, No. 205 , §§ 1, 2, eff. July 11, 1961; 2009, No. 135 (Adj. Sess.), § 26(2)(A).

History

Reference in text. The functions, powers and duties of the Lake Champlain Bridge Commission, referred to in subdiv. (3)(D), were transferred to the New York Department of Transportation and the Vermont Agency of Transportation pursuant to 1987, No. 59 , § 3.

The Tri-State Regional Medical Needs Board, referred to in subdiv. (3)(E), no longer exists. Former § 702 of Title 18, relating to the Board, was repealed by 1977, No. 147 (Adj. Sess.).

Amendments--2009 (Adj. Sess.) Subdivision (3)(C): Repealed.

Amendments--1961. Subdivision (3)(J): Added.

Subdivision (4): Added.

Prior law. 3 V.S.A. § 1a.

§ 3. Executive clerk and messenger.

At the beginning of his or her term, the Governor shall appoint an executive clerk and an executive messenger for the term of two years to serve him or her when the General Assembly is in session and may remove them at pleasure.

History

Source. V.S. 1947, § 441. P.L. § 396. 1933, No. 157 , § 337. 1921, No. 15 , § 11. G.L. § 366. P.S. § 288. 1898, No. 130 , § 1. 1896, No. 67 , § 4. V.S. § 216. 1886, No. 112 , § 2.

Prior law. 3 V.S.A. § 2.

§ 4. Correspondence.

  1. The official correspondence of the Governor is the property of the State. Upon retiring from office, he or she shall cause such correspondence and an itemized list thereof to be deposited with the Secretary of State. The Secretary of State shall preserve these records in accordance with professional archival practices recommended by the State Archivist.
  2. In the discretion of the Secretary of State, such correspondence and list, in whole or in part, may be microfilmed or otherwise reformatted in accordance with archival principles. In the discretion of the Secretary of State the originals of those papers that are actually reformatted may be disposed of.

    Amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 1997, No. 75 (Adj. Sess.), § 1.

History

Source. 1953, No. 99 . V.S. 1947, § 435. 1937, No. 10 , § 1.

Amendments--1997 (Adj. Sess.). Subsection (a): Added "or she", substituted "and" for "to be bound or cause" and "deposited" for "made and deposit such correspondence and list", and added the last sentence.

Subsection (b): Deleted provisions relating to specific requirements for microfilmed copies of the correspondence and list and added the language following "microfilmed".

Amendments--1995 (Adj. Sess.) Subsection (b): Substituted "department of buildings and general services" for "department of general services" in the first and third sentences.

Prior law. 3 V.S.A. § 3.

ANNOTATIONS

1. Access to records.

Notwithstanding the general right of access to public records under the Public Records Act, the more specific and exacting legislative requirements that a retiring governor's official correspondence be placed in the state archives and that such records be made "accessible only in accord with" the special terms or conditions restricting their use, must control. The statutes, in short, evince an express legislative intent to authorize the "special term" restricting access to a former governor's archived records. Judicial Watch, Inc. v. State, 179 Vt. 214, 892 A.2d 191 (November 4, 2005).

Legislative history supports the conclusion that one purpose of the Archives Act was to codify the secretary of state's longstanding practice - separate and apart from any limitations contained in the Public Records Act - of accepting retiring governors' official papers with broad restrictions on public access for periods of years. Judicial Watch, Inc. v. State, 179 Vt. 214, 892 A.2d 191 (November 4, 2005).

The trial court erred in invalidating the special term of the memorandum of understanding restricting access to designated portions of the former governor's official correspondence in the State archives. Judicial Watch, Inc. v. State, 179 Vt. 214, 892 A.2d 191 (November 4, 2005).

§ 5. Counsel.

The Governor may employ counsel in behalf of the State in any State department or office, when, in his or her judgment, the protection of the rights and interests of the State demands it.

History

Source. V.S. 1947, § 425. P.L. § 382. G.L. § 354. 1915, No. 11 , § 1. P.S. § 278. 1898, No. 130 , § 3. V.S. § 210. 1894, No. 78 . R.L. 148. 1878, No. 74 .

Prior law. 3 V.S.A. § 4.

ANNOTATIONS

1. Attorney's lien.

Public policy does not prohibit enforcement of an attorney's equitable lien upon a fund recovered by the state, when the power to employ the attorney springs from legislation impliedly authorizing the creation of the lien. Estate of Button v. Anderson, 112 Vt. 531, 28 A.2d 404 (1942).

Cited. In re Dusablon, 126 Vt. 362, 230 A.2d 797 (1967).

§ 6. Certificates of election.

The Governor shall furnish certificates of election to the Senators and Representatives elected to represent this State in Congress.

History

Source. V.S. 1947, § 426. P.L. § 383. G.L. § 355. P.S. § 279. V.S. § 211. R.L. § 149. G.S. 1, §§ 51, 81. R.S. 1, §§ 49, 78. 1836, No. 19 , § 2. 1832, No. 11 , § 10. R. 1797, p. 584, § 2.

Prior law. 3 V.S.A. § 5.

§ 7. Delegates.

Whenever in his or her judgment it is for the best interest of the State, the Governor may appoint a delegate to attend any convention, conference, or meeting without the State, as a representative of this State or any department thereof.

History

Source. V.S. 1947, § 431. P.L. § 388. G.L. § 360. 1917, No. 254 , § 363. 1910, No. 510 .

Prior law. 3 V.S.A. § 6.

§ 8. Inspection of State institutions.

The Governor shall have power, in his or her discretion, to visit and inspect any State institution or to appoint a visitor to make such inspection and report to him or her.

History

Source. V.S. 1947, § 432. P.L. § 389. 1923, No. 7 , § 36.

Prior law. 3 V.S.A. § 7.

§ 9. Rewards.

The Governor may offer a suitable reward, not exceeding the sum of $1,000.00 in any case, to be paid to a person or persons who, in consequence of such offer, apprehends or secures a person who has escaped from any institution in this State in which he or she was lawfully confined and, when requested by the Attorney General, may offer such a reward for information leading to the arrest and conviction of any person who has committed a felony in this State. The Commissioner of Finance and Management shall issue his or her warrant for the amount of such reward in favor of the person whom the Governor certifies to be entitled to the same.

Added 1959, No. 328 (Adj. Sess.), § 8(b); amended 1983, No. 195 (Adj. Sess.), § 5(b).

History

Source. V.S. 1947, § 433. P.L. § 390. 1933, No. 8 . 1933, No. 157 , § 331. G.L. § 361. 1915, No. 13 , §§ 1, 2.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" in the second sentence.

Prior law. 3 V.S.A. § 8.

§ 10. Authority to delegate functions.

When by provisions of any laws enumerated in section 13 of this title the Governor is required to approve any act, appointment, employment, or decision done or made by any other officer of the State Government or by any board, commission, or agency of the State government, as a condition to such act, appointment, employment, or decision becoming effective, the power and duty of the Governor as regards such approval may be delegated by him or her to any of the duly elected State officers or to any officer appointed by the Governor, or appointed by the Governor and with consent of the Senate or appointed with the approval of the Governor and with the consent of the Senate.

Added 1959, No. 254 , § 1; amended 1973, No. 41 , eff. April 3, 1973.

History

Amendments--1973. Added "or appointed with the approval of the governor and with the consent of the senate" at the end of the sentence.

Prior law. 3 V.S.A. § 9.

§ 11. Method of delegating; responsibility of Governor.

The delegating of duties herein authorized shall be in writing and shall specify with particularity the cases in which it is to apply. It shall become effective only when an executed duplicate copy of the delegation is filed in the Office of the Secretary of State. Such delegation may be revoked at any time by the Governor, and such revocation shall be in writing and likewise filed as the original delegation. The delegation of a particular function shall not prevent the Governor from acting in a case thereunder, and in any such instance, the delegation shall be of no effect. Nothing contained herein shall relieve the Governor of his or her responsibility for the acts of any officer designated by him or her under the authority of sections 10-13 of this title to perform any function.

Added 1959, No. 254 , § 2.

History

Prior law. 3 V.S.A. § 10.

§ 12. Scope.

Sections 10-13 of this title shall be interpreted as applying only in cases in which the Governor's duty is approval of a prior act, appointment, employment, or decision done or made by another officer or by a board, commission, or agency, and shall not be interpreted as applying in cases in which the act, appointment, employment, or decision is required to be done or made initially by the Governor but shall not include approval of rules or regulations.

Added 1959, No. 254 , § 3.

History

Prior law. 3 V.S.A. § 11.

§ 13. Application.

Sections 10-13 of this title shall apply only to the following sections: 202, 207 and 631 of this title; 4 V.S.A. § 852 ; 6 V.S.A. §§ 3 , 4, 982, 1141 and 2922; 10 V.S.A. §§ 53 , 54 and 4149; 20 V.S.A. §§ 1484 , 1874(a), 1875, 2221, 2271 and 2273; 21 V.S.A. § 1104 ; 22 V.S.A. § 282 ; 23 V.S.A. § 103 ; 29 V.S.A. §§ 3 and 1104; and 32 V.S.A. §§ 3104 and 3105.

Added 1959, No. 254 , § 4.

History

Reference in text. Section 982 of Title 6, referred to in this section, was repealed by 1995, No. 68 (Adj. Sess.), § 1, eff. Feb. 7, 1996.

Section 1141 of Title 6, referred to in this section, was repealed by 1987, No. 276 (Adj. Sess.), § 5, eff. June 21, 1988.

Section 1104 of Title 29, referred to in this section, was repealed by 1987, No. 243 (Adj. Sess.), § 41(2), eff. June 13, 1988.

Sections 3104 and 3105 of Title 32, referred to in this section, were repealed by 1987, No. 243 (Adj. Sess.), § 70, eff. June 13, 1988.

Prior law. 3 V.S.A. § 12.

§ 14. Federal Highway Safety Act; powers of Governor and political subdivision.

  1. The Governor shall be responsible for the administration of the State's Highway Safety Program, and may cooperate with and contract with State and federal agencies and political subdivisions, and public and private organizations, in order to effectuate the purposes of the National Highway Safety Act of 1966 and any amendments thereto, to the end that federal monies available for such purposes may be obtained.  The Governor may designate an appropriate agency of the State through which the State's Highway Safety Program may be administered.
  2. The Governor shall provide for the receipt, allocation, and disbursement of federal monies received pursuant to this section, in accordance with such State and federal laws and regulations as may be applicable.
  3. Towns, cities, emergency medical services districts, municipalities, and other political subdivisions are authorized to administer local highway safety programs approved by the Governor as part of the State's Highway Safety Program, and to receive funds available for the foregoing purposes subject to applicable laws and regulations and the approval of the Governor.

    Added 1967, No. 25 ; amended 1969, No. 112 , § 2, eff. April 22, 1969.

History

Reference in text. The National Highway Safety Act of 1966, referred to in subsec, (a), is codified as 23 U.S.C. § 401 et seq.

Amendments--1969. Amended section generally.

Prior law. 3 V.S.A. § 13.

Cross References

Cross references. Administration of State's Highway Safety Program, see Executive Order No. 02-03, chapter 19, Title 3 Appendix.

§ 15. [Omitted.].

History

Former § 15. Former § 15, relating to the Vermont commission on administration of justice, was derived from 1977, No. 226 (Adj. Sess.), § 1 and has been omitted in view of 1981, No. 108 , § 142, which abolished all positions on the commission.

§ 16. Repealed. 1981, No. 206 (Adj. Sess.), § 4.

History

Former § 16. Former § 16, relating to juvenile diversion project, was derived from 1979, No. 145 (Adj. Sess.), § 1. The subject matter is now covered by § 163 of this title.

§ 17. Federal funding cuts; transfer of personnel.

To enable the Governor to respond effectively to cuts in federal spending and in the interests of efficiency, he or she may, with the approval of the General Assembly or the Joint Fiscal Committee if the General Assembly is not in session, temporarily transfer positions among the departments and agencies of the Executive Branch of government; provided, however, that no transfer may be made under this section which substantially affects the functioning of a program or policy which has been approved or adopted by the General Assembly.

Added 1981, No. 91 , § 22, eff. July 5, 1981.

§ 18. Spouse abuse programs; eligibility.

  1. There is hereby created the Spouse Abuse Program.
  2. The Vermont Center for Crime Victim Services shall be authorized to award grants for the Spouse Abuse Program. Awards shall be made by the Center to spouse abuse programs established for the purpose of providing shelter, protection, or support for battered or abused spouses. The Center shall, insofar as possible, award grants to provide reasonable geographic distribution of funds around the State.
  3. [Repealed.]
  4. In order to receive funds under this section, each participating program shall:
    1. Receive some funding from one or more local, municipal, or county source, public or private.  Contributions in kind, whether material, commodities, transportation, or office space, may be evaluated and counted as part of this requirement.
    2. Reapply annually for continued funding as necessary.
  5. Duties and functions of the Center.
    1. The Center shall adopt rules under chapter 25 of this title pursuant to which interested local programs may apply for funding.  Any local agency or organization may apply to participate.
    2. The Center shall establish minimum standards for eligibility for State funds awarded through the provisions of this section.

      Added 1981, No. 123 (Adj. Sess.), § 2; amended 1995, No. 178 (Adj. Sess.), § 57a; 2011, No. 139 (Adj. Sess.), § 1, eff. May 14, 2012; 2015, No. 97 (Adj. Sess.), § 71.

History

Amendments--2015. (Adj. Sess.). Subsec. (b): Substituted "Crime Victim Services" for "Crime Victims' Services".

Amendments--2011 (Adj. Sess.). Deleted "; Reporting" from the end of the section heading.

Subsection (c): Repealed.

Amendments--1995 (Adj. Sess.) Substituted "Vermont center for crime victims' services" for "governor's commission on the status of women, established in the executive office of the governor" in the first sentence of subsec. (b) and "center" for "commissioner" wherever it appeared in subsecs. (b), (c) and (e).

Cross References

Cross references. Abuse prevention generally, see § 1101 et seq. of Title 15.

§ 19. Expired.

History

Former § 19. Former § 19, relating to the Vermont commission of the deaf and hearing impaired, was derived from 1985, No. 249 (Adj. Sess.), § 1, and expired on June 30, 1992, pursuant to 1985, No. 249 (Adj. Sess.), § 3, as amended by 1989, No. 20 , eff. April 20, 1989.

§ 20. Repealed. 1993, No. 204 (Adj. Sess.), § 3, eff. June 17, 1994.

History

Former § 20. Former § 20, relating to coordination of data gathering and development of a geographic information system, was derived from 1987, No. 200 (Adj. Sess.), § 29, and amended by 1991 (Adj. Sess.), § 1.

Termination of repeal. 1993, No. 204 (Adj. Sess.), § 4, eff. June 17, 1994, as amended by 1997, No. 143 (Adj. Sess.), § 1, provided: "This act [which added sections 121-126 of Title 10 and repealed this section] shall take effect on passage [June 17, 1994] and shall terminate December 31, 2001 unless extended by act of the general assembly. Unless extended, the corporation shall cease to exist and its functions, assets, liabilities and resources shall be transferred to an office to be established by the governor in the agency of administration. The corporation authorized by 10 V.S.A. § 122(a) shall not enter into a contract obligating the corporation beyond December 31, 2001".

§ 21. Sexual Assault Victims Program.

  1. The Sexual Assault Victims Program is hereby established.
  2. The Vermont Center for Crime Victim Services is authorized to award grants for a sexual assault victims program. Awards shall be made by the Center to a sexual assault victims program established for the purpose of providing emergency services, counseling, and support for victims of sexual assault. The Center shall, insofar as possible, award grants to provide reasonable geographic distribution of funds around the State.
  3. [Repealed.]
  4. In order to receive funds under this section, each participating program shall:
    1. Receive some funding from one or more local, municipal, or county source, public or private.  Contributions in kind, whether material, commodities, transportation, volunteer services, or office space, may be evaluated and counted as part of this requirement.
    2. Reapply annually for continued funding as necessary.
  5. Duties and functions of the Center.
    1. The Center shall adopt rules under chapter 25 of this title pursuant to which interested local programs may apply for funding. Any local agency or organization may apply to participate.
    2. The Center shall establish minimum standards for eligibility for State funds awarded through the provisions of this section.

      Added 1987, No. 257 (Adj. Sess.), § 1; amended 1995, No. 178 (Adj. Sess.), § 57a; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 97 (Adj. Sess.), § 72.

History

Amendments--2015. (Adj. Sess.). Subsec. (b): In the first sentence, substituted "Crime Victim Services" for "Crime Victims' Services", and "grants for a" for "grants for the"; and substituted "a sexual assault victims program" for "Sexual Assault Victims Program" in the second sentence.

Amendments--2011 (Adj. Sess.). Subsection (c): Repealed.

Amendments--1995 (Adj. Sess.) Substituted "Vermont center for crime victims' services" for "governor's commission on the status of women, established in the executive office of the governor" in the first sentence of subsec. (b) and "center" for "commissioner" wherever it appeared in subsecs. (b), (c) and (e).

Cross References

Cross references. Compensation to victims of crime, see 13 V.S.A. § 5351 et seq.

Sexual assault generally, see 13 V.S.A. § 3251 et seq.

Victims assistance program generally, see 13 V.S.A. § 5301 et seq.

§ 22. The Commission on Women.

    1. The Commission on Women is created as the successor to the Governor's Commission on Women established by Executive Order No. 20-86. The Commission shall be organized and have the duties and responsibilities as provided in this section. (a) (1)  The Commission on Women is created as the successor to the Governor's Commission on Women established by Executive Order No. 20-86. The Commission shall be organized and have the duties and responsibilities as provided in this section.

    The Commission shall be an independent agency of the government of Vermont and shall not be subject to the control of any other department or agency.

    Members of the Commission shall be drawn from throughout the State and from diverse racial, ethnic, religious, age, sexual orientation, and socioeconomic backgrounds and shall have had experience working toward the improvement of the status of women in society.

  1. The Commission shall consist of 16 members, appointed as follows:
    1. Eight members shall be appointed by the Governor, not more than four of whom shall be from one political party.
      1. Eight members shall be appointed by the General Assembly, four by the Senate Committee on Committees, and four by the Speaker of the House. (2) (A) Eight members shall be appointed by the General Assembly, four by the Senate Committee on Committees, and four by the Speaker of the House.
      2. Not more than two appointees shall be members of the General Assembly, and each appointing authority shall appoint not more than two members from the same political party.
  2. The terms of members shall be four years. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term.
    1. Members of the Commission shall elect biennially by majority vote the Chair of the Commission. (d) (1)  Members of the Commission shall elect biennially by majority vote the Chair of the Commission.
    2. Members of the Commission shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 , which shall be paid by the Commission.
  3. Nine members shall constitute a quorum of the Commission. Once a quorum has been established, the vote of a majority of the members present at the time of the vote shall be an act of the Commission.
  4. The Commission may appoint members to an advisory council to provide information on the concerns of Vermont women and assist the Commission in the fulfillment of its responsibilities. The Commission may establish ad hoc committees or task forces to study and make recommendations to the Commission. The chair of such committees or task forces shall be appointed by the Chair of the Commission. The tenure of such committees or task forces shall be determined by the nature of the study and the project undertaken.
  5. The Commission shall conduct studies of matters concerning women, and in furtherance of that responsibility may:
    1. review Vermont statutes with regard to sex discrimination and other matters affecting the status of women;
    2. educate and inform business, education, State and local governments, and the general public about the nature and scope of sex discrimination and other matters affecting the status of women in Vermont;
    3. serve as a liaison and clearinghouse between government, private interest groups, and the general public concerned with services for women, and, in this regard, may publish a periodic newsletter to provide information to these constituencies;
    4. promote consideration of qualified women for all levels of government positions.
  6. The powers of the Commission shall include the following:
    1. to conduct research and study of issues affecting the status of women in Vermont;
    2. to advise and consult with the Executive and Legislative branches of State government on policies affecting the status of women in Vermont;
    3. to maintain an office and hire employees as necessary to carry out its duties;
    4. to acquire on a contractual or other basis such necessary legal, technical, or research expertise and support services as it may require for the discharge of its duties;
    5. to publish periodic reports documenting the legal, economic, social, and political status, and other concerns of women in Vermont;
    6. to utilize such voluntary and uncompensated services of private individuals, agencies, and organizations as may, from time to time, be offered and needed;
    7. to accept and solicit funds, including any gifts, donations, grants, or bequests or any federal funds, for any Commission-related purposes.
    1. No part of any funds appropriated to the Commission by the General Assembly shall, in the absence of express authorization by the General Assembly, be used directly or indirectly for legislative or administrative advocacy. The Commission shall review and amend as necessary all existing contracts and grants to ensure compliance with this subsection. (i) (1)  No part of any funds appropriated to the Commission by the General Assembly shall, in the absence of express authorization by the General Assembly, be used directly or indirectly for legislative or administrative advocacy. The Commission shall review and amend as necessary all existing contracts and grants to ensure compliance with this subsection.
    2. As used in this subsection, legislative or administrative advocacy means employment of a lobbyist as defined in 2 V.S.A. chapter 11, or employment, establishment, or maintenance of a lobbyist position whose primary function is to influence legislators or State officials with respect to pending legislation or rules.

      Added 2001, No. 142 (Adj. Sess.), § 175b; amended 2009, No. 33 , § 3; 2018, No. 2 (Sp. Sess.), § 6.

History

2015. In subsec. (h), deleted ", but not limited to," following "include" in accordance with 2013, No. 5 , § 4.

In subsec. (i), substituted "chapter 11 of Title 2" for "chapter 111 of Title 2" to correct an apparent error in the reference as there is no "chapter 111" in Title 2.

Amendments--2018 (Sp. Sess.). Section amended generally.

Amendments--2009. Deleted former subdiv. (h)(6); redesignated former subdivs. (h)(7) and (h)(8) as present subdivs. (h)(6) and (h)(7).

Commission on Women; current terms. 2018, No. 2 (Sp. Sess.), § 7 provides: "A member of the Commission on Women on the effective date of this act [July 1, 2018] whose appointing authority is repealed under the provisions of Sec. 6 of this act [this section] may serve the remainder of her or his term."

§ 23. The Commission on International Trade.

  1. Definitions.  For the purposes of this section: "International Trade Agreement" means a trade agreement between the federal government and a foreign country. International Trade Agreement does not include a trade agreement between the State and a foreign country to which the federal government is not a party.
  2. Membership.  There is created a Commission on International Trade and State Sovereignty consisting of:
    1. the Chair of the House Committee on Commerce or his or her designee;
    2. the Chair of the Senate Committee on Economic Development, Housing and General Affairs or his or her designee;
    3. a representative of a nonprofit environmental organization, appointed by the Governor from a list provided by the Vermont Natural Resources Council;
    4. a representative of organized labor, appointed by the Governor from a list provided by Vermont AFL-CIO, Vermont NEA, and the Vermont State Employees' Association;
    5. the Secretary of Commerce and Community Development or his or her designee;
    6. the Attorney General or his or her designee;
    7. a representative of an exporting Vermont business, appointed by the Governor;
    8. a representative of a Vermont business actively involved in international trade, appointed by the Governor;
    9. the Secretary of Agriculture, Food and Markets or his or her designee; and
    10. a representative of a Vermont chamber of commerce, appointed by the Governor.
  3. Powers and duties.
    1. The Commission shall conduct an annual assessment of the legal and economic impacts of International Trade Agreements on State and local laws, State sovereignty, and the business environment.
    2. It shall provide a mechanism for citizens and legislators to voice their concerns, which it shall use to make policy recommendations to the General Assembly, to the Governor, to Vermont's congressional delegation, or to the trade representatives of the United States government. Recommendations shall be designed to protect Vermont's job and business environment, and State sovereignty from any negative impacts of trade agreements.
    3. It may recommend legislation or preferred practices and shall work with interested groups in other states to develop means to resolve the conflicting goals and tension inherent in the relationship between international trade and State sovereignty.
    4. As provided for in 9 V.S.A. chapter 111A, the Commission shall consider and develop formal recommendations with respect to how the State should best respond to challenges and opportunities posed by a particular International Agreement.
  4. Reporting.  The Commission shall submit an annual report, which shall be prepared by the Secretary of Commerce and Community Development, to the House Committee on Commerce and Economic Development, the Senate Committee on Economic Development, Housing and General Affairs, the Governor, and Vermont's congressional delegation. The report shall contain information acquired pursuant to activities carried out under subsection (c) of this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
  5. Staff services.  The Commission shall be entitled to staff services of the Agency of Commerce and Community Development, the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.
  6. Per diem.  For attendance at a meeting when the General Assembly is not in session, legislative members of the Commission shall be entitled to the same per diem compensation and reimbursement for actual and necessary expenses as provided members of standing committees under 2 V.S.A. § 23 . Except for members employed by the State, members of the Commission shall be entitled to the same per diem compensation as provided under 32 V.S.A. § 1010(a) and mileage reimbursement as provided under 32 V.S.A. § 1267 .

    Added 2005, No. 212 (Adj. Sess.), § 8, eff. May 29, 2006; amended 2007, No. 65 , § 405, eff. June 4, 2007; 2009, No. 78 (Adj. Sess.), § 44, eff. April 15, 2010; 2013, No. 142 (Adj. Sess.), § 5; 2019, No. 144 (Adj. Sess.), § 17.

History

2020. In subsec. (f), substituted "2 V.S.A. § 23" for "2 V.S.A. § 406" in accordance with 2019, No. 144 (Adj. Sess.), § 12(2).

Amendments--2019 (Adj. Sess.). Subsec. (e): Substituted "Office of Legislative Counsel, the Office of Legislative Operations" for "Legislative Council" and substituted "Joint Fiscal Office" for "Joint Fiscal Committee".

Amendments--2013 (Adj. Sess.). Subsection (d): Substituted "House Committee on Commerce and Economic Development" for "house committee on commerce" and added the last sentence.

Amendments--2009 (Adj. Sess.) Subsection (b): Added subdivs. (9) and (10).

Subdivision (c)(4): Substituted "As provided for in chapter 111A of Title 9" for "In response to a request from the governor or the general assembly, or on its own initiative" and substituted "the commission" for "the committee" in the first sentence, and deleted the former second sentence.

Amendments--2007. Subsection (f): Added the second sentence.

CHAPTER 2. INTERAGENCY TEAMS; CHILDREN AND ADOLESCENTS WITH SEVERE EMOTIONAL DISTURBANCES

Sec.

§§ 31-35. Recodified. 1989, No. 148 (Adj. Sess.), § 2(b).

History

Former §§ 31-35. Former §§ 31-35, relating to interagency teams for children and adolescents with severe emotional disturbances, were recodified as 33 V.S.A. §§ 4301-4305 pursuant to 1989, No. 148 (Adj. Sess.), § 2(b).

CHAPTER 3. SECRETARY OF CIVIL AND MILITARY AFFAIRS

Sec.

§ 51. Seal.

The Secretary of Civil and Military Affairs shall have a seal of office upon which shall be the words: EXECUTIVE DEPARTMENT. VERMONT.

History

Source. V.S. 1947, § 437. P.L. § 392. G.L. § 362. P.S. § 284. V.S. § 212. R.L. § 150. G.S. 8, § 38. 1848, No. 22 , § 2.

§ 52. Records.

The Secretary shall keep a full and complete record of official acts of the Executive Department in books to be furnished for that purpose and such record books, except those in actual use, shall be kept in the State House.

History

Source. V.S. 1947, § 438. P.L. § 393. G.L. 363. 1915, No. 224 , § 3. 1908, No. 193 , § 2. P.S. § 285. V.S. § 213. R.L. § 151. G.S. 8, § 37. 1848, No. 22 , § 1.

ANNOTATIONS

Analysis

1. Form.

This section does not require that acts of the executive be recorded in any particular form as distinguished from the provisions of recording acts generally. 1946-48 Op. Atty. Gen. 223.

2. Official acts.

Action of governor relating to approval of employment of clerical or other assistance and of compensation paid are official acts, and a record thereof should be incorporated in the record books of the executive department. 1946-48 Op. Atty. Gen. 125.

3. Public record.

Being an official act, the granting of a pardon is, by virtue of this section, a record required to be kept by law, and therefore, it is a public record. Doe v. Salmon, 135 Vt. 443, 378 A.2d 512 (1977).

§ 53. Copies.

The Secretary shall make copies of records in his or her office, attested under his or her seal, for the fees provided by law, and full faith and credit shall be given to such copies.

History

Source. V.S. 1947, § 439. P.L. § 394. G.L. § 364. P.S. § 286. V.S. § 214. R.L. § 152. G.S. 8, § 39. 1848, No. 22 , § 3.

§ 54. Repealed. 1979, No. 200 (Adj. Sess.), § 120.

History

Former § 54. Former § 54, relating to justices' commissions, was derived from V.S. 1947, § 440; P.L. § 395; 1919, No. 66 , § 1; G.L. § 365; P.S. § 287; V.S. § 215; R.L. § 153; 1870, No. 1 , § 2; G.S. 8, § 40; 1850, No. 68 , § 1 and amended by 1969, No. 277 (Adj. Sess.); 1977, No. 269 (Adj. Sess.), § 2.

CHAPTER 5. SECRETARY OF STATE

Subchapter 1. General Provisions

History

Amendments--1989 (Adj. Sess.). 1989, No. 250 (Adj. Sess.), § 89, designated the existing provisions of this chapter, comprised of sections 101-117, as subchapter 1 and added the heading for that subchapter.

§ 101. Commission; office.

The Secretary of State shall be commissioned by the Governor and shall keep an office open for the transaction of business.

History

Source. V.S. 1947, § 442. P.L. § 397. G.L. § 367. P.S. § 289. V.S. § 217. R.L. § 154. G.S. 8, §§ 26, 27. R.S. 8, §§ 21, 22. R. 1797, §§ 2, 3. R. 1787, p. 138.

Cross References

Cross references. Deputy Secretary of State, see § 253 of this title.

§ 102. Seal.

The Secretary shall have a seal of office, with the same device as the State Seal, and around the Seal the words: SECRETARY OF STATE. VERMONT. Full faith and credit shall be given to certified copies and attestations under his or her Seal.

History

Source. V.S. 1947, § 443. P.L. § 398. 1933, No. 157 , § 339. G.L. § 368. P.S. § 290. V.S. § 218. R.L. § 155. G.S. 8, §§ 32, 33. R.S. 8, §§ 27, 28. R. 1797, p. 381.

§ 102a. Facsimile signature of Secretary of State.

A facsimile of the signature of the Secretary of State imprinted by or at his or her direction upon any certification issued under Title 11 or 11A, upon any attestation required of the Secretary by law or upon any certification of official documents or records of which the Secretary is custodian shall have the same validity as the Secretary of State's written signature.

Added 1993, No. 108 (Adj. Sess.), § 22, eff. Feb. 16, 1994.

§ 103. Documents required to be filed.

  1. All deeds, contracts of sale, leases, and other documents or copies of same conveying land or an interest therein to the State, except for transportation rights-of-way, leases, and conveyances, shall be filed in the Office of the Secretary of State.
  2. All deeds, contracts of sale, leases, and other documents conveying land or an interest in land from the State as grantor, except for transportation rights-of-way, leases, and conveyances, shall be made out in duplicate by the authorized agent of the State. The original shall be delivered to the grantee and the duplicate copy, so marked, shall be filed in the Office of the Secretary of State.
  3. The Secretary of State shall also record the State Treasurer's bonds and other documents required to be recorded in the Secretary of State's office and give copies of the same upon tender of the Secretary of State's legal fees.

    Amended 2009, No. 123 (Adj. Sess.), § 31.

History

Source. 1953, No. 110 . V.S. 1947, § 450. P.L. § 406. G.L. § 377. P.S. § 294. V.S. § 222. R.L. § 159. G.S. 8, § 29. R.S. 8, § 24. R. 1797, p. 382.

Amendments--2009 (Adj. Sess.) Subsection (a): Substituted "transportation rights-of-way" for "highway rights of way".

Subsection (b): Inserted "except for transportation rights-of-way, leases, and conveyances" following "grantor" in the first sentence.

Subsection (c): Inserted "of state" preceding "shall also record", and substituted "the secretary of state's" for "his" in two places.

§ 104. Preparation and publication of acts and resolutions.

After an act or resolution has been passed by both Houses of the General Assembly, signed by the presiding officers of both Houses and by the Governor, it shall be delivered to the custody of the Secretary of State. The Secretary shall cause the act or resolution to be reproduced in form suitable to be submitted to the printer designated in 29 V.S.A. § 1115 . Before submission to the printer, the Secretary shall correct obvious typographical errors and assign a public law number to each act or resolution. The Secretary shall cause a suitable index and reference tables to be prepared.

Amended 1969, No. 90 , § 2.

History

Source. 1957, No. 39 . V.S. 1947, § 444. P.L. § 399. 1933, No. 157 , § 340. G.L. § 370. 1917, No. 13 , § 1. P.S. § 292. V.S. § 220. R.L. § 157. 1872, No. 74 , § 1. G.S. 8, § 29. R.S. 8, § 24. R. 1797, p. 382, § 2.

Amendments--1969. Amended section generally.

Cross References

Cross references. Verification and signing of acts and resolutions, see 2 V.S.A. § 18.

§ 105. Repealed. 1967, No. 257 (Adj. Sess.), § 3, eff. Feb. 21, 1968.

History

Former § 105. Former § 105, relating to the engrossing clerk, was derived from V.S. 1947, § 445; P.L. § 400; 1933, No. 157 , § 341; G.L. § 371; 1917, No. 13 , § 2; P.S. § 293; V.S. § 221; 1890, No. 158 ; R.L. § 158; 1872, No. 74 , § 2; G.S. 2, § 5; 1850, No. 67 , § 3; R.S. 111, § 12; 1806, p. 108; 1800, p. 4.

§ 106. Acts and resolutions of the General Assembly.

After the original acts and resolutions of the General Assembly are delivered to the Secretary pursuant to section 104 of this title, the Secretary shall then keep the originals on permanent file.

Added 1969, No. 90 , § 3; amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2009, No. 91 (Adj. Sess.), § 1, eff. May 6, 2010.

History

Amendments--2009 (Adj. Sess.) Rewrote the former first and second sentences as the present sentence.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services".

Prior law. 3 V.S.A. § 105a.

§ 107. Legislative clerk.

At the commencement of each session of the General Assembly, the Secretary of State shall appoint and set the compensation of a legislative clerk, subject to the approval of the Governor. The duties of the legislative clerk shall be as follows:

  1. to prepare a copy of the acts and resolutions for the printer designated by the Commissioner of Buildings and General Services;
  2. to prepare the joint assembly journals;
  3. to keep a register of lobbyists;
  4. to prepare and distribute certified copies of resolutions as directed by the General Assembly;
  5. to prepare index and tables of laws for the acts and resolves;
  6. such other legislative duties as the Secretary shall assign.

    Added 1969, No. 90 , § 4; amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.

History

Amendments--1995 (Adj. Sess.) Subdivision (1): Substituted "commissioner of buildings and general services" for "commissioner of general services".

Prior law. 3 V.S.A. § 105b.

Cross References

Cross references. Registration of lobbyists, see 2 V.S.A. § 261 et seq.

§ 108. Compilations, indices, bulletins, and circulars.

The Secretary shall cause to be prepared and printed such compilations of the different chapters of the Vermont Statutes Annotated, and amendments thereto or laws affecting the subject matter thereof, as may be necessary for the purpose of distribution, exchange, or for the use of the respective State officers, commissioners, departments, and citizens of the State. The Secretary may cause such compilations to be provided with the proper indices. He or she shall also cause bulletins or circulars to be prepared and printed relating to statistical and other matters of public nature on file or recorded in his or her office, and may employ necessary assistance for the preparation of such compilations, indices, bulletins, and circulars. The expense of such preparation and publication of such compilations, indices, bulletins, and circulars shall be paid by the State, and the Commissioner of Finance and Management shall issue his or her warrants for such expenses when the accounts therefor have been duly approved by the Secretary. All accounts for printing shall also be approved by the Commissioner of Buildings and General Services before the Commissioner of Finance and Management issues such warrants.

Amended 1961, No. 30 , eff. March 17, 1961; 1983, No. 195 (Adj. Sess.), § 5(b); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.

History

Source. V.S. 1947, § 446. P.L. § 401. 1933, No. 157 , § 342. G.L. § 372. 1917, No. 254 , § 375. 1908, No. 426 .

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the fifth sentence.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" in the fourth and fifth sentences.

Amendments--1961. Substituted "director" for "agent" following "purchasing" in the fifth sentence.

Prior law. 3 V.S.A. § 106.

§ 109. Laws and journals.

The Secretary shall procure one copy of the printed journal of each House of the General Assembly at each session thereof, one copy of the laws passed at such session, one copy of this and all subsequent revisions of the laws, immediately after the same are printed and published, and deposit the same in his or her office, which, with such laws and journals and revisions of the laws as are now in his or her office, shall be kept therein and shall not be taken therefrom unless by authority of law.

History

Source. V.S. 1947, § 452. P.L. § 408. G.L. § 381. P.S. § 298. V.S. § 226. R.L. § 163. G.S. 8, § 36. 1848, No. 28 , § 2.

Prior law. 3 V.S.A. § 107.

§ 110. Surveyor General's papers.

All books, papers and records of the Surveyor General which are in the possession of the State or may come into its possession shall be in the custody of the Secretary of State, and copies thereof duly certified by such officer shall be evidence in court and have the same force as the original.

History

Source. V.S. 1947, § 449. P.L. § 405. G.L. § 376. P.S. § 3548. 1902, No. 162 , § 1.

Prior law. 3 V.S.A. § 108.

Cross References

Cross references. Certified copies of records or documents required to be kept by public officials as competent evidence in court, see 12 V.S.A. § 1692.

§ 111. Township charters.

  1. The Secretary shall procure from the proper sources authenticated copies of such original charters of townships in this State as were not granted by the General Assembly.
  2. Copies of original charters of townships deposited in the Secretary of State's office shall be valid records of such charters, and such record or copies thereof duly certified by the Secretary of State shall be competent evidence of such original charters in Court.

History

Source. V.S. 1947, §§ 447, 448. P.L. §§ 403, 404. G.L. §§ 374, 375. P.S. §§ 3546, 3547. V.S. §§ 3093, 3094. R.L. §§ 2753, 2754. G.S. 85, §§ 1, 2. 1852, No. 48 , §§ 1, 2.

Prior law. 3 V.S.A. § 109.

Cross References

Cross references. Certified copies of records or documents required to be kept by public officials as competent evidence in court, see 12 V.S.A. § 1692.

§ 112. Statements and communications to General Assembly.

The Secretary shall make such statements and communications to the General Assembly as may be required by it.

History

Source. V.S. 1947, § 451. P.L. § 407. 1933, No. 157 , § 348. G.L. § 378. P.S. § 295. V.S. § 223. R.L. § 160. G.S. 8, § 31.

Prior law. 3 V.S.A. § 110.

§ 113. Record by photostatic or photographic method.

The Secretary of State may record by photostatic or photographic method any instrument, paper, or document required by law to be recorded by him or her, and he or she may give photostatic or photographic copies of the same, required by law to be filed or recorded with him or her, upon tender of his or her legal fees. Such copies, duly certified by him or her, shall be competent evidence in court and have the same force as the originals thereof would have had, if produced in court.

Amended 2019, No. 131 (Adj. Sess.), § 3.

History

Source. 1949, No. 75 , § 2.

Amendments--2019 (Adj. Sess.). Substituted "she" for "her" preceding "may give photostatic".

Prior law. 3 V.S.A. § 111.

ANNOTATIONS

1. Evidence.

Objection that copy of statute was not competent evidence because not properly certified by the secretary of state was not preserved for review where defendant failed to raise the issue at trial. State v. Sullivan, 154 Vt. 437, 578 A.2d 639 (1990).

§§ 114-114a. Repealed. 1989, No. 250 (Adj. Sess.), § 92.

History

Former §§ 114, 114a. Former § 114, relating to the duties of the division of registration, licensing and secretarial service, was derived from 1959, No. 329 (Adj. Sess), § 3, and amended by 1967, No. 364 (Adj. Sess.), § 10; 1969, No. 248 (Adj. Sess.), § 3; 1973, No. 174 (Adj. Sess.), § 2, No. 267 (Adj. Sess.), § 1; 1975, No. 89 , § 15, No. 111 , § 1; 1975, No. 228 (Adj. Sess.), § 1, No. 254 (Adj. Sess.), § 137; 1977, No. 237 (Adj. Sess.), §§ 1, 2; 1979, No. 122 (Adj. Sess.), § 8; 1981, No. 84 , §§ 1- 4, No. 108 , § 325; 1985, No. 6 , § 2 and 1989, No. 60 , § 2.

Former § 114a, relating to appeals panel, was derived from 1973, No. 267 (Adj. Sess.), § 2, and amended by 1973, No. 193 (Adj. Sess.), § 3 and 1983, No. 230 (Adj. Sess.), § 9.

Annotations From Former § 114a

1. Appointment of ad hoc members.

General assertion, offered without proof, that statutory scheme calling for appointment by board of psychological examiners of ad hoc members to sit on appeals would create bias due to member's reluctance to contravene decisions of the board was insufficient to meet plaintiff's burden of establishing unconstitutionality by clear and convincing evidence. Brody v. Barasch, 155 Vt. 103, 582 A.2d 132 (1990).

Cited. In re Mullestein, 148 Vt. 170, 531 A.2d 890 (1987).

§ 115. Repealed. 1975, No. 118, § 101.

History

Former § 115. Former § 115, relating to partnership and corporation bulletin, was derived from 1961, No. 217 , § 2.

§ 116. Repealed. 1981, No. 217 (Adj. Sess.), § 11.

History

Former § 116. Former § 116, relating to corporate certificate of standing, was derived from 1967, No. 278 (Adj. Sess.), § 27.

§ 116a. State boards and commissions registry. Section 116a effective January 1, 2023.

    1. The Vermont State Archives and Records Administration shall maintain and make available on its website a registry of State boards and commissions and shall update that registry when changes are made that affect the information provided in the registry. (a) (1)  The Vermont State Archives and Records Administration shall maintain and make available on its website a registry of State boards and commissions and shall update that registry when changes are made that affect the information provided in the registry.
      1. The registry shall include the names of the members of each State board and commission, their term length and expiration, and their appointing authority. (2) (A) The registry shall include the names of the members of each State board and commission, their term length and expiration, and their appointing authority.
      2. Each State board and commission shall be responsible for providing to the Vermont State Archives and Records Administration this registry information and any updates to it in a manner prescribed by the State Archivist.
    2. The registry shall track the dates of the initial creation of State boards and commissions created by State law and of any amendments to those laws for the purpose of the intended five-year expiration of those State boards and commissions described in subsection (b) of this section.
    1. It is the intent of the General Assembly that, except for State boards and commissions required by interstate compact and except as otherwise provided by law, a State board or commission created by State law shall cease to exist after five years from the date of its initial creation, five years from the last date that the statutory or session law containing the State board or commission was amended, or on January 1, 2025, whichever date is latest. (b) (1)  It is the intent of the General Assembly that, except for State boards and commissions required by interstate compact and except as otherwise provided by law, a State board or commission created by State law shall cease to exist after five years from the date of its initial creation, five years from the last date that the statutory or session law containing the State board or commission was amended, or on January 1, 2025, whichever date is latest.
      1. In each biennial session beginning in the year 2025, the Office of Legislative Counsel, in consultation with the Vermont State Archives and Records Administration and based on the registry's date tracking described in subdivision (a)(3) of this section, shall prepare for the General Assembly's review a list of the State boards and commissions subject to expiration under this subsection. (2) (A) In each biennial session beginning in the year 2025, the Office of Legislative Counsel, in consultation with the Vermont State Archives and Records Administration and based on the registry's date tracking described in subdivision (a)(3) of this section, shall prepare for the General Assembly's review a list of the State boards and commissions subject to expiration under this subsection.
      2. A State board or commission shall only expire pursuant to legislative enactment.
  1. As used in this section, "State board or commission" means a professional or occupational licensing board or commission, advisory board or commission, appeals board, promotional board, interstate board, supervisory board or council, or any other similar entity that:
    1. is created by State law, by federal law and contains State appointees, or by executive order;
    2. is established as or is attached to an Executive Branch entity;
    3. has statewide jurisdiction or carries out a State function; and
    4. is not composed of members appointed exclusively by regional, county, or municipal entities.

      Added 2018, No. 2 (Sp. Sess.), § 12, eff. Jan. 1, 2019; amended 2019, No. 61 , § 1.

History

2020. In subdiv. (b)(2)(A), substituted "Office of Legislative Counsel" for "Office of Legislative Council" in accordance with 2019, No. 144 (Adj. Sess.), § 12(1).

Amendments--2019. Section heading: Deleted "Maintenance of inventory of" at the beginning, and added "registry"' at the end.

Subsec. (a): Amended generally.

Subsec. (b): Added.

Subsec. (c): Amended generally.

Effective date of enactment. 2018, No. 2 (Sp. Sess.), § 15, as amended by 2019, No. 61 , § 2, provides that this section shall take effect on Jan. 1, 2023.

§ 117. Vermont State Archives and Records Administration.

  1. As used in this chapter:
    1. "Records and information management" means the efficient and systematic control of the creation, receipt, maintenance, use, and disposition of public records, including the processes for capturing and maintaining evidence of, and information about, public agency business activities and transactions in the form of public records.
    2. "Archives" or "archival records" means public records that have continuing legal, administrative, or informational value.
    3. "Appraisal" means the identification, classification, and analysis of all public records, regardless of physical form or characteristics, to determine their value and ultimate disposition, based upon their legal, administrative, or informational value.
    4. "Public record" or "public document" has the same meaning as set forth in 1 V.S.A. § 317 .
    5. "Public agency" has the same meaning as set forth in 1 V.S.A. § 317 .
    6. "Record schedule" means a policy issued by the Vermont State Archives and Records Administration and approved by the State Archivist governing the life cycle management, retention, and disposition of public records.
  2. There is created within the Office of the Secretary of State the Vermont State Archives and Records Administration, which is charged with administering a Statewide Records and Information Management Program for all public agencies in accordance with generally accepted record-keeping principles and industry standards and best practices.
  3. Services of the Statewide Records and Information Management Program shall include:
    1. providing assistance to public agencies in establishing, maintaining, and implementing active and continuing internal records and information management programs for the effective management of records produced or acquired in the course of public agency business;
    2. ensuring that low-cost, secure repositories and systems for public records, regardless of format, are available at an enterprise or statewide level and managed and operated in a manner that supports compliance with generally accepted record-keeping principles, industry standards, best practices, the Public Records Act, this section, and, where applicable, section 218 of this title;
    3. developing, issuing, and maintaining statewide records and information management standards and information governance frameworks;
    4. performing formal appraisals of public records and issuing record schedules accordingly;
    5. operating a Records Center to hold inactive analog State public records in accordance with record schedules;
    6. accepting land records submitted on microfilm by municipal and county clerks for storage in the Records Center;
    7. taking legal custody of State archival records, regardless of format, in accordance with record schedules; and
    8. arranging, describing, and preserving archival records in accordance with archival principles and best practices, and promoting their use by government officials and the public.
  4. The State Archivist may appoint an advisory committee to provide assistance and support for the State Archives and Records Administration.
  5. The Secretary may adopt rules consistent with this section.
  6. There shall be the Director of the Vermont State Archives and Records Administration who shall have the title of "State Archivist," who shall be qualified by education and professional experience to perform the duties of the position, and who shall simultaneously serve as Chief Records Officer. The State Archivist shall be a classified position within the Office of the Secretary of State.
  7. In fulfilling the duties as Director of the Vermont State Archives and Records Administration, the State Archivist shall:
    1. issue policies, standards, guidelines, and procedures necessary to carry out the provisions of this section;
    2. administer and maintain the Statewide Records and Information Management Program for the efficient and systematic control of public records;
    3. approve record schedules governing the life cycle management, retention, and disposition of public records;
    4. receive grants, gifts, aid, or assistance, of any kind, from any source, public or private, for the purpose of managing, preserving, or promoting public records; and
    5. serve as chair of the Vermont Historical Records Advisory Board pursuant to 36 C.F.R. part 1206 for the purposes of improving public access to, and engagement with, Vermont historical records and encouraging and facilitating collaborative efforts among Vermont historical records repositories.
  8. [Repealed.]
  9. [Repealed.]
  10. [Repealed.]
  11. There is hereby created the Public Records Special Fund. The Fund shall be administered as a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5. The purpose of the Fund is to support improved management of public records by State agencies. The Fund shall consist of receipts from other government agencies for the provision of Records and Information Management Program services by the Vermont State Archives and Records Administration in the Office of the Secretary of State. The Fund shall be available to the Office of the Secretary of State and shall be expended for the purposes of activities authorized by subsection 117(c) of this title.

    Added 1973, No. 32 , § 1 eff. March 28, 1973; amended 1989, No. 186 (Adj. Sess.), § 1; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 3 , § 1; 2007, No. 96 (Adj. Sess.), § 3; 2009, No. 91 (Adj. Sess.), § 2, eff. May 6, 2010; 2011, No. 139 (Adj. Sess.), § 2, eff. May 14, 2012; 2013, No. 1 , § 77; 2017, No. 74 , § 142; 2017, No. 100 (Adj. Sess.), § 1; 2019, No. 14 , § 2, eff. April 30, 2019.

History

Amendments--2019. Subsec. (g): Deleted "Program" following "Vermont State Archives and Records Administration" in the introductory paragraph.

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2017. Subsec. (i): Repealed.

Amendments--2013. Subsection (k): Added.

Amendments--2011 (Adj. Sess.). Subsection (c): Deleted "and shall report annually to the governor and the general assembly on the state archives and records administration program" from the end.

Amendments--2009 (Adj. Sess.) Subsection (g): Deleted former subdiv. (6) and redesignated former subdivs. (7)-(12) as present subdivs. (6)-(11).

Subsection (h): Deleted.

Amendments--2007 (Adj. Sess.). Catchline: Substituted "Vermont state archives and records administration" for "Publication and preservation of state papers".

Subdivision (a)(1): Substituted "Records" for "Archival" preceding "management" and "public" for "archival" preceding "records" and deleted "the" preceding "creation".

Subdivision (a)(2): Deleted "as defined in 1 V.S.A. § 317(b)" following "records".

Subdivision (a)(3): Substituted "Appraisal" for "Identification"; inserted "identification, classification, and" preceding "analysis" and deleted "and appraisal" following "analysis".

Subdivisions (a)(4), (5): Added.

Subsection (b): Deleted "division of" preceding "Vermont"; inserted "and records administration" following "archives"; substituted "a records" for "an archival" preceding "management", "records and information management practices" for "archival practice" following "professional"; inserted "and records administration" preceding "program" and deleted the former last sentence.

Subsection (c): Inserted "adopt policies and procedures necessary to carry out the provisions of this section and shall" preceding "report" and "and records administration" preceding "program".

Subsection (d): Deleted "archives" preceding "advisory" and inserted "and records administration" preceding "program".

Subsection (e): Substituted "section" for "chapter".

Subsection (f): Deleted "division of" preceding "Vermont" and inserted "and records administration" following "archives".

Subsection (g): Amended generally.

Subsection (h): Inserted "and shall be evidence in court and shall have the same force as the original documents" following "Acts of 1912".

Subsection (j): Deleted.

Amendments--2003. Rewrote the section.

Amendments--1995 (Adj. Sess.) Subdivision (a)(1): Substituted "commissioner of buildings and general services" for "commissioner of general services".

Amendments--1989 (Adj. Sess.). Subsection (a): Amended generally.

Transfer and fund and positions. 2007, No. 96 (Adj. Sess.), § 12, provides: "All employees, positions, and equipment and the remaining balances of the appropriation for public records are transferred from the department of buildings and general services to the office of the secretary of state. The department of buildings and general services' vital records special fund and the department of buildings and general services' public records special fund along with monies in them shall be transferred to the office of the secretary of state and renamed the vital records special fund and public records special fund."

ANNOTATIONS

1. Governor's records.

Notwithstanding the general right of access to public records under the Public Records Act, the more specific and exacting legislative requirements that a retiring governor's official correspondence be placed in the state archives and that such records be made "accessible only in accord with" the special terms or conditions restricting their use, must control. The statutes, in short, evince an express legislative intent to authorize the "special term" restricting access to a former governor's archived records. Judicial Watch, Inc. v. State, 179 Vt. 214, 892 A.2d 191 (November 4, 2005).

Legislative history supports the conclusion that one purpose of the Archives Act was to codify the secretary of state's longstanding practice-separate and apart from any limitations contained in the Public Records Act -of accepting retiring governors' official papers with broad restrictions on public access for periods of years. Judicial Watch, Inc. v. State, 179 Vt. 214, 892 A.2d 191 (November 4, 2005).

The trial court erred in invalidating the special term of the memorandum of understanding restricting access to designated portions of the former governor's official correspondence in the State archives. Judicial Watch, Inc. v. State, 179 Vt. 214, 892 A.2d 191 (November 4, 2005).

§ 118. Collection and disposition of revenue.

  1. There is hereby created a Secretary of State Services Fund. The Fund shall be used to provide appropriations for the operations of the Office of the Secretary of State, with the exception of those operations provided for in chapter 5, subchapter 3 of this title. The Fund shall be administered as a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5. At the end of each fiscal year, the unobligated balance in this Fund shall be transferred to the General Fund.
  2. All revenues collected by the Secretary of State shall be deposited into the Secretary of State Services Fund except for the following revenues:
    1. any revenues collected by the Office of Professional Regulation set forth in chapter 5, subchapter 3 of this title; and
    2. any revenues collected pursuant to subsection 117(k) of this title.

      Added 2013, No. 1 , § 78.

Subchapter 3. Professional Regulation

§ 121. Definitions.

As used in this subchapter:

  1. "Director" means the Director of the Office of Professional Regulation.
  2. "Licensing board" or "board" refers to the boards, commissions, and professions listed in section 122 of this subchapter and, in the case of disciplinary matters or denials of licensure, either an administrative law officer appointed under subsection 129(j) of this subchapter or the Director in advisor professions. Notwithstanding statutory language to the contrary, this subchapter shall apply to all those boards.
    1. "License" includes any certification, registration, permit, commission, or other official authorization to undertake a regulated activity. (3) (A) "License" includes any certification, registration, permit, commission, or other official authorization to undertake a regulated activity.
    2. "Licensee" includes any person to whom a license has been issued by a board or the Director.
  3. "Office" means the Office of Professional Regulation.

    Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40 , § 1; 2001, No. 132 (Adj. Sess.), § 1; 2005, No. 148 (Adj. Sess.), § 1; 2019, No. 30 , § 1.

History

Amendments--2019. Subdiv. (2): Substituted "subchapter" for "title" in two places.

Subdiv. (3): Added the subdiv. (A) and (B) designations and amended generally.

Amendments--2005 (Adj. Sess.). Subdivision (2): In the first sentence, inserted "either" following "licensure" and added "or the director in advisor positions" following "subsection 129(j) of this title".

Amendments--2001 (Adj. Sess.) Subdivision (2): Deleted "except provisions relating to the powers of the medical practice board" in the second sentence.

Amendments--1997. Subdivision (2): Substituted "an administrative law officer" for "a special panel" preceding "appointed under" in the first sentence.

§ 122. Office of Professional Regulation.

The Office of Professional Regulation is created within the Office of the Secretary of State. The Office shall have a director who shall be appointed by the Secretary of State and shall be an exempt employee. The following boards or professions are attached to the Office of Professional Regulation:

  1. Board of Architects
  2. Board of Barbers and Cosmetology
  3. Board of Chiropractic
  4. Board of Allied Mental Health Practitioners
  5. Board of Dental Examiners
  6. Board of Funeral Service
  7. Board of Professional Engineering
  8. Board of Land Surveyors
  9. [Repealed.]
  10. Board of Nursing
  11. Nursing Home Administrators
  12. Opticians
  13. Board of Optometry
  14. Board of Osteopathic Physicians and Surgeons
  15. Board of Pharmacy
  16. Physical Therapists
  17. Radiologic Technology
  18. Board of Private Investigative and Security Services
  19. Board of Public Accountancy
  20. Board of Veterinary Medicine
  21. Motor Vehicle Racing
  22. Boxing
  23. Board of Psychological Examiners
  24. Real Estate Commission
  25. Clinical Social Workers
  26. Acupuncturists
  27. Tattooists and Body Piercers
  28. Audiologists and Hearing Aid Dispensers
  29. Real Estate Appraisers
  30. Auctioneers
  31. Occupational Therapists
  32. Dietitians
  33. Respiratory Care Practitioners
  34. Psychoanalysts
  35. Foresters
  36. [Repealed.]
  37. Naturopathic Physicians
  38. Athletic Trainers
  39. Midwifery
  40. Electrology
  41. Speech-Language Pathologists
  42. Landscape Architects
  43. Property Inspectors
  44. Applied Behavior Analysts
  45. Alcohol and Drug Abuse Counselors
  46. Potable Water Supply and Wastewater System Designers
  47. Pollution Abatement Facility Operators
  48. Notaries Public
  49. Massage Therapists, Bodyworkers, and Touch Professionals

    Added 1989, No. 250 (Adj. Sess.), § 1; amended 1989, No. 264 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 61; 1991, No. 236 (Adj. Sess.), § 3 ; 1993, No. 102 , § 2; 1993, No. 103 , § 2; 1993, No. 222 (Adj. Sess.), § 18; 1995, No. 79 (Adj. Sess.), § 2; 1995, No. 171 (Adj. Sess.), § 4; 1997, No. 40 , § 76; 1997, No. 108 (Adj. Sess.), § 3, eff. Jan. 1, 1999; 1999, No. 133 (Adj. Sess.), § 52; 2001, No. 132 (Adj. Sess.), § 2; 2001, No. 151 (Adj. Sess.), § 49, eff. July 1, 2003; 2011, No. 116 (Adj. Sess.), § 1; 2013, No. 136 (Adj. Sess.), § 1; 2013, No. 138 (Adj. Sess.), § 1; 2015, No. 38 , § 45, eff. July 1, 2016; 2015, No. 156 (Adj. Sess.), § 2, eff. Sept. 1, 2016; 2015, No. 156 (Adj. Sess.), § 10, eff. Jan. 1, 2017; 2015, No. 166 (Adj. Sess.), § 1; 2019, No. 30 , § 2; 2019, No. 178 (Adj. Sess.), § 1, eff. Oct. 1, 2020; 2019, No. 178 (Adj. Sess.), § 28, eff. April 1, 2021.

History

Amendments--2019 (Adj. Sess.) Subdiv. (28): Added "Audiologists and" preceding "Hearing Aid Dispensers".

Subdiv. (41): Deleted "Audiologists and" preceding "Speech-Language Pathologists".

Subdiv. (49): Added.

Amendments--2019. Subdiv. (17): Deleted "Board of" preceding "Radiologic Technology".

Subdiv. (29): Deleted "Board of" preceding "Real Estate Appraisers".

Subdiv. (48): Added.

Amendments--2015 (Adj. Sess.). Subdiv. (35): Added by Act No. 166.

Subdivs. (45)-(47): Added by Act No. 156.

Amendments--2015. Subdivision (44): Added.

Amendments--2013 (Adj. Sess.). Subdivision (11): Act 138 deleted "Board of Examiners for" at the beginning.

Subdivision (12): Act 138 deleted "Board of Examiners of" at the beginning.

Subdivision (17): Act 138 substituted "Radiologic" for "Radiological".

Subdivision (20): Act 138 substituted "Board of Veterinary Medicine" for "Veterinary Board".

Subdivision (21): Act 138 deleted "Commission" at the end.

Subdivisions (27) and (33): Added by Act 138.

Subdivision (43): Added by Act 136.

Amendments--2011 (Adj. Sess.). Subdivision (42): Added.

Amendments--2001 (Adj. Sess.). Subdivision (9): Repealed.

Subdivision (41): Added.

Amendments--1999 (Adj. Sess.). Deleted "control board" following "boxing" in subdiv. (22) and added subdivs. (39) and (40).

Amendments--1997 (Adj. Sess.). Subdivision (a)(38): Added.

Amendments--1997. Substituted "board of barbers and cosmetology" for "barber licensing and examination board" in subdiv. (2) and "board of allied mental health practitioners" for "board of cosmetology" in subdiv. (4) and deleted subdivs. (27), (33) and (35).

Amendments--1995 (Adj. Sess.) Subdivision (36): Added by Act No. 79.

Subdivision (36): Added by Act No. 171.

Amendments--1993 (Adj. Sess.). Added subdivs. (33)-(35).

Amendments--1993. Subdivision (31): Added by Act Nos. 102 and 103.

Amendments--1991 (Adj. Sess.). Subdivision (a)(3): Act No. 236 deleted "examination and registration" following "chiropractic".

Subdivision (a)(30): Added by Act No. 167.

Amendments--1989 (Adj. Sess.). Subdivision (a)(29): Added.

Repeal of subdivision (36). Pursuant to 1995, No. 171 (Adj. Sess.), § 12, subdiv. (36) of this section expired on July 1, 1999.

Repeal of repeal of subdivision (29). 1993, No. 217 (Adj. Sess.), § 17, provided for the repeal of 1989, No. 264 , § 7(b) which had provided for the repeal of subdiv. (29). Therefore, subdiv. (29) did not repeal but remains in effect.

Repeal of subdivision (29). Pursuant to 1989, No. 264 (Adj. Sess.), § 7(b), subdiv. (29) of this section repeal on July 1, 1994.

Repeal of 1995 No. 171 (Adj. Sess.) amendment. 1995, No. 171 (Adj. Sess.), § 12, provided for the repeal of section 4 of the act, which amended this section, on July 1, 1999.

Effective date of subdivision (41). 2001, No. 151 (Adj. Sess.), § 51(a), provides that the amendment to this section [addition of subdivision (41)] by § 49 of that act shall take effect July 1, 2003.

§ 123. Duties of Office.

  1. The Office shall provide administrative, secretarial, financial, investigatory, inspection, and legal services to the boards. The services provided by the Office shall include:
    1. Sending, receiving, and processing applications for licenses.
    2. Issuing, recording, renewing, and reinstating all licenses as ordered by the boards, an appellate officer, the Director, an administrative law officer, or a court.
    3. Revoking or suspending licenses as ordered by the boards, the Director, an administrative law officer, or a court.
    4. Keeping all files and records of the boards, including minutes of meetings.
    5. Compiling and maintaining a current register of all licensees.
    6. Compiling and maintaining statistical information for each board, including the number of applications received; the number of licenses, certificates, registrations, and permits issued, renewed, and reinstated; examination results; the number and disposition of inspections and complaints; and the number of board meetings.
    7. Collecting and depositing all fees into the Professional Regulatory Fee Fund.
    8. Arranging payment of all expenses incurred by the boards within the limits of the funds appropriated to them.
    9. Standardizing, to the extent feasible and with the advice of the boards, all applications, licenses, and other related forms and procedures, and adopting uniform procedural rules governing the investigatory and disciplinary process for all boards set forth in section 122 of this chapter.
    10. Notifying the public and board members of all meetings and examinations to be held by the boards and arranging for places for those meetings and examinations.
    11. Assisting the boards in developing rules consistent with the principles set forth in 26 V.S.A. chapter 57. Notwithstanding any provision of law to the contrary, the Secretary of State shall serve as the adopting authority for those rules.
    12. With the assistance of the boards, establishing a schedule of license renewal and termination dates so as to distribute the renewal work in the Office as effectively as possible.
      1. Licenses may be issued and renewed according to that schedule for periods of up to two years.
      2. A person whose initial license is issued within 90 days prior to the set renewal date shall not be required to renew the license until the end of the first full biennial licensing period following initial licensure.
    13. To the extent that resources permit, providing other administrative services that are necessary or desirable for the efficient operation of the boards.
  2. The Director shall consult with each board and prepare a consolidated budget for the Office. The consolidated budget shall also contain funds deemed to be required by the Director for the administration of this chapter. The Director shall submit the consolidated budget to the Secretary of State.
  3. The Director may purchase examination materials and contract with examination providers to administer examinations.
  4. The Director may adopt procedures for the effective administration of this section.
  5. The Secretary of State shall contract with and appoint one or more attorneys licensed to practice in this State to serve as administrative law officers under subsection 129(j) of this title or appellate officers under section 130a of this title.
  6. Classified State employees who are employed as investigators by the Secretary of State who have successfully met the standards of training for a Level III law enforcement officer under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment.
    1. The Office shall establish uniform procedures applicable to all of the professions and boards set forth in section 122 of this chapter, providing for: (g) (1)  The Office shall establish uniform procedures applicable to all of the professions and boards set forth in section 122 of this chapter, providing for:
      1. appropriate recognition of education, training, or service completed by a member of the U.S. Armed Forces toward the requirements of professional licensure; and
      2. expedited issuance of a professional license to a person who is licensed in good standing in another regulatory jurisdiction; and
        1. whose spouse is a member of the U.S. Armed Forces and who has been subject to a military transfer to Vermont; and
        2. who left employment to accompany his or her spouse to Vermont.
    2. The Director may evaluate specific military credentials to determine equivalency to credentials required for professions attached to the Office. The determinations shall be adopted through written policy that shall be posted on the Office's website.
  7. Notwithstanding any provision of Title 26 of the Vermont Statutes Annotated to the contrary, the Office, on behalf of the Director or a board, may use electronic mail to send notices and reminders that would otherwise be sent by mail, except certified mail, and may use online services to elicit information and sworn attestations that would otherwise be obtained on a paper form.
    1. The Director shall actively monitor the actions of boards attached to the Office and shall ensure that all board actions pursued or decided are lawful, consistent with State policy, reasonably calculated to protect the public, and not an undue restraint of trade. (i) (1)  The Director shall actively monitor the actions of boards attached to the Office and shall ensure that all board actions pursued or decided are lawful, consistent with State policy, reasonably calculated to protect the public, and not an undue restraint of trade.
    2. If the Director finds an exercise of board authority or discretion does not meet those standards, the Director may, except in the case of disciplinary actions:
      1. provide written notice to the board explaining the perceived inconsistency, which notice shall have the effect of staying that action and implementing any alternative prescribed by the Director;
      2. schedule a public meeting with the board to resolve questions about the action and explore alternatives; and
      3. within 60 days following that meeting, issue a written directive finding that:
        1. the exercise of board authority or discretion is consistent with State policy, in which case the action shall be reinstated;
        2. the exercise of board authority or discretion is inconsistent with State policy in form, but may be modified to achieve consistency, in which case the board may issue a modified action consistent with the Director's recommendation; or
        3. the exercise of board authority or discretion is inconsistent with State policy in purpose, in which case any alternative prescribed by the Director shall stand as the regulatory policy of the State.
    1. The Office may inquire into the criminal background histories of applicants for initial licensure and for license renewal for the following professions: (j) (1)  The Office may inquire into the criminal background histories of applicants for initial licensure and for license renewal for the following professions:
      1. licensed nursing assistants, licensed practical nurses, registered nurses, and advanced practice registered nurses licensed under 26 V.S.A. chapter 28;
      2. private investigators, security guards, and other persons licensed under 26 V.S.A. chapter 59;
      3. real estate appraisers and other persons or business entities licensed under 26 V.S.A. chapter 69; and
      4. osteopathic physicians licensed under 26 V.S.A. chapter 33.
    2. Prior to acting on an initial or renewal application, the Office may obtain with respect to the applicant a Vermont criminal history record, an out-of-state criminal history record, and a criminal history record from the Federal Bureau of Investigation. Federal Bureau of Investigation background checks shall be fingerprint-supported, and fingerprints so obtained may be retained on file and used to notify the Office of future triggering events. Each applicant shall consent to the release of criminal history records to the Office on forms developed by the Vermont Crime Information Center.
    3. Applicants subject to background checks shall be notified that a check is required, if fingerprints will be retained on file, and that criminal convictions are not an absolute bar to licensure, and shall be provided such other information as may be required by federal law or regulation.
  8. For any profession attached to it, the Office shall provide a pre-application determination of an individual's criminal background. This determination shall not be binding on the Office in a future application if the individual violates probation or parole or is convicted of another crime following the determination.
    1. The Office shall initiate this determination upon an individual's "second chance" determination request. This request shall provide documentation related to the individual's conviction or convictions, evidence of rehabilitation, and identification of the profession or professions for which the individual seeks licensure.
    2. The individual shall submit this request online, accompanied by the fee for preapplication determinations set forth in section 125 of this subchapter. If the individual thereafter applies for licensure, this preapplication fee shall be deducted from that license application fee.
    3. The Office shall:
      1. process a request within 30 days of receiving a complete request;
      2. assess the nature of the underlying conviction or convictions, the nexus to the profession or professions for which the individual seeks licensure, and the provided evidence of rehabilitation; and
      3. respond to the individual's request in writing.
  9. When, by reason of disqualification, resignation, vacancy, or necessary absence, a board is unable to form a quorum or assign one or more members to assist in the investigation and prosecution of complaints or license applications, or to adjudicate a contested case, the Secretary of State may appoint ad hoc members, either as voting members to establish a quorum at a specific meeting or as nonvoting members to assist Office investigators and prosecutors.

    Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40 , § 2; 1999, No. 133 (Adj. Sess.), § 51; 2003, No. 122 (Adj. Sess.), § 78g; 2005, No. 27 , § 1; 2007, No. 163 (Adj. Sess.), § 1; 2009, No. 33 , § 4; 2009, No. 103 (Adj. Sess.), § 1; 2011, No. 116 (Adj. Sess.), § 2; 2013, No. 27 , § 1; 2013, No. 138 (Adj. Sess.), § 2; 2013, No. 141 (Adj. Sess.), § 11, eff. July 1, 2015; 2017, No. 48 , § 1; 2017, No. 115 (Adj. Sess.), § 2, eff. Jan. 1, 2020; 2017, No. 144 (Adj. Sess.), § 1; 2019, No. 152 (Adj. Sess.), § 1, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 2, eff. Oct. 1, 2020.

History

Revision note. In the subdiv. (j)(1)(A) effective until Jan. 1, 2020, substituted "26 V.S.A. chapter 28" for "26 V.S.A. chapter 59" to correct an error in the cross-reference.

Amendments--2019 (Adj. Sess.). Subdiv. (a)(12): Act No. 178 added the subdiv. (A) and (B) designations and deleted "with an appropriate pro rata adjustment of fees" following "two years" in subdiv. (A).

Subsec. (g): Act No. 152 added the subdiv. (1)(A)-(B)(ii) designations and subdiv. (2).

Subsec. (i): Amended generally by Act No. 178.

Subsec. (j): Act No. 178 inserted "initial" preceding "licensure" and deleted "biennial" preceding "license" in subdiv. (1) and rewrote subdiv. (2).

Subsec. (k): Added by Act No. 152.

Subsec. ( l ): Act No. 152 redesignated former subsec. (k) as subsec. ( l ).

Amendments--2017 (Adj. Sess.) Subdiv. (a)(9): Act 144 added "and procedures, and adopting uniform procedural rules governing the investigatory and disciplinary process for all boards set forth in section 122 of this chapter".

Subdiv. (a)(11) and subsec. (g): Amended generally by Act 144.

Subdiv. (j)(1)(A): Act 115 substituted "28" for "59" following "chapter".

Subdiv. (j)(1)(D): Added by Act 115.

Amendments--2017. Subsec. (a): Deleted "administrative" preceding "services" in the second sentence of the introductory paragraph.

Subsecs. (h)-(k): Added.

Amendments--2013 (Adj. Sess.). Subsection (f): Act 141 substituted "Level III" for "full-time" preceding "law enforcement". Subsection (g): Added by Act 138.

Amendments--2013. Subsection (b): Deleted the former second sentence.

Amendments--2011 (Adj. Sess.). Subsection (a): Deleted "Upon request, the" from the beginning of the introductory language.

Subdivision (a)(12): Added the last sentence.

Amendments--2009 (Adj. Sess.) Deleted former subsecs. (f) and (g), and redesignated former subsec. (h) as present subsec. (f).

Amendments--2009. Subsection (g): Deleted.

Amendments--2007 (Adj. Sess.) Subsection (c): Added "and contract with examination providers to administer examinations".

Amendments--2005. Subdivision (a)(1): Made a minor change in punctuation.

Subdivision (a)(2): Inserted "the director, an administrative law officer" and made a minor change in punctuation.

Subdivision (a)(3): Added "the director, an administrative law officer, or a court".

Amendments--2003 (Adj. Sess.). Subsection (h): Added.

Amendments--1999 (Adj. Sess.). Subsection (g): Added.

Amendments--1997. Subsection (e): Inserted "administrative law officers under subsection 129(j) of this title or" preceding "appellate officers" and substituted "section 130a" for "section 130".

Subsection (f): Substituted "committee" for "director" preceding "shall meet" and "annually with the director" for "quarterly with the committee" preceding "to discuss" in the third sentence.

§ 124. Professional Regulatory Fee Fund.

  1. Except as otherwise provided in subsection (b) of this section, it is the policy of this State that:
    1. the cost of regulating a profession attached to the Office of Professional Regulation should be borne by the profession; and
    2. one profession should not subsidize the cost of regulating another profession.
  2. Professions regulated by the Director in consultation with advisor appointees shall share the cost of regulating those professions.
  3. A Professional Regulatory Fee Fund is created. All revenues received by the office shall be deposited into the Fund, credited to the appropriate board or to the professions regulated by the Director as a group, as appropriate, shall be used to offset up to two years of the costs incurred by that board or that group and shall not be used for any purpose other than professional regulation.
  4. To ensure that revenues derived by the Office are adequate to offset the cost of regulation, the Secretary of State shall review fees from time to time, and present proposed fee changes to the General Assembly.

    Added 1989, No. 250 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 62; 1997, No. 59 , § 44, eff. June 30, 1997; 1999, No. 52 , § 1; 2007, No. 163 (Adj. Sess.), § 2.

History

Amendments--2007 (Adj. Sess.) Subsection (b): Deleted "and, in fiscal year 2000, the boxing control board" following "appointees".

Amendments--1999. Rewrote the introductory paragraph of subsec. (a), deleted "except to the extent allowed by section 125 of this chapter" in subsec. (a)(2), added present subsec. (b), redesignated former subsecs. (b) and (c) as present subsecs. (c) and (d), respectively, and rewrote present subsec. (c).

Amendments--1997. Subsection (a): Substituted "section 125 of this chapter" for "subsection (b) of this section" and made minor stylistic changes.

Subsection (b): Deleted the third through fifth sentences.

Amendments--1991 (Adj. Sess.). Subsection (a)(2): Added "except to the extent allowed by subsection (b) of this section" following "another profession".

Subsection (b): Added the third through sixth sentences.

Expiration of 1991 (Adj. Sess.) amendment. 1991, No. 167 (Adj. Sess.), § 67, as amended by 1993, No. 190 (Adj. Sess.), § 9, provided for the expiration of the amendment to this section by section 62 of the act on July 1, 1996.

§ 125. Fees.

  1. In addition to the fees otherwise authorized by law, a board or advisor profession may charge the following fees:
    1. Verification of license, $20.00.
    2. An examination fee established by the Secretary, which shall be no greater than the costs associated with examinations.
    3. Reinstatement fees for expired licenses pursuant to section 127 (unauthorized practice) of this title.
    4. Continuing, qualifying, or prelicensing education course approval:
      1. Provider, $100.00.
      2. Individual, $25.00.
    5. Subdivision (a)(5) effective April 1, 2021.  A preapplication criminal background determination, $25.00.
  2. Unless otherwise provided by law, the following fees shall apply to all professions regulated by the Director in consultation with advisor appointees under Title 26:
    1. Application for registration, $75.00, except application for:
      1. Private investigator and security services employees, unarmed registrants, $60.00.
      2. Private investigator and security service employees, transitory permits, $60.00.
      3. Private investigator and security service employees, armed registrants, $120.00.
    2. Application for licensure or certification, $100.00, except application for:
      1. Barbering or cosmetology schools and shops, $300.00.
      2. Subdivision (b)(2)(B) effective June 1, 2023.  Funeral directors, embalmers, crematory personnel, removal personnel, funeral establishments, crematory establishments, and limited services establishments, $70.00.
      3. Application for real estate appraisers, $275.00.
      4. Temporary real estate appraiser license, $150.00.
      5. Appraisal management company registration, $600.00.
      6. Private investigator or security services agency, $340.00.
      7. Private investigator and security services agency, $400.00.
      8. Private investigator or security services sole proprietor, $250.00.
      9. Private investigator or security services unarmed licensee, $150.00.
      10. Private investigator or security services armed licensee, $200.00.
      11. Private investigator and security services instructor, $120.00.
    3. Optician trainee registration, $50.00.
    4. Biennial renewal, $240.00, except biennial renewal for:
      1. Independent clinical social workers and master's social workers, $150.00.
      2. Occupational therapists and assistants, $150.00.
      3. Physical therapists and assistants, $150.00.
      4. Optician trainees, $100.00.
      5. Barbers, cosmetologists, nail technicians, and estheticians, $130.00.
      6. Schools of barbering or cosmetology, $300.00.
      7. Subdivision (b)(4)(G) effective June 1, 2023.  Funeral directors and embalmers, $280.00.
      8. Subdivision (b)(4)(H) effective June 1, 2023.  Crematory personnel and removal personnel, $100.00.
      9. Subdivision (b)(4)(I) effective June 1, 2023.  Funeral establishments, crematory establishments, and limited services establishments, $640.00.
      10. [Repealed.]
      11. Radiologic therapist, radiologic technologist, nuclear medicine technologist, $150.00.
      12. Certified alcohol and drug abuse counselor, certified apprentice addiction professional, and licensed alcohol and drug abuse counselor, $225.00.
      13. Private investigator or security services agency, or both, $300.00.
      14. Private investigator or security services unarmed licensee, $120.00.
      15. Private investigator or security services armed licensee, $180.00.
      16. Private investigator or security services unarmed registrant, $80.00.
      17. Private investigator or security services armed registrant, $130.00.
      18. Private investigator or security services sole proprietor, $250.00.
      19. Private investigator or security services instructor, $180.00.
    5. Limited temporary license or work permit, $50.00.
    6. Radiologic evaluation, $125.00.
    7. Annual renewal for appraisal management company registration, $300.00.
  3. Notwithstanding any provisions of law to the contrary, a board shall not require payment of renewal fees for years during which a license was lapsed.
  4. Subsection (d) effective April 1, 2021.  Pursuant to qualifications and procedures determined by the Director, the Office shall, upon request, waive application fees to qualified military members and military spouses.

    Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40 , § 3; 1997, No. 59 , § 45, eff. June 30, 1997; 1997, No. 145 (Adj. Sess.), § 1; 1999, No. 133 (Adj. Sess.), §§ 1, 45; 2001, No. 143 (Adj. Sess.), § 17, eff. June 21, 2002; 2005, No. 27 , § 2; 2005, No. 72 , § 7; 2009, No. 103 (Adj. Sess.), § 2; 2011, No. 116 (Adj. Sess.), § 3; 2015, No. 38 , § 1, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 2, eff. May 21, 2018; 2019, No. 70 , § 13; 2019, No. 152 (Adj. Sess.), § 2, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 3, eff. Oct. 1, 2020.

History

Amendments--2019 (Adj. Sess.). Subdiv. (a)(5): Added by Act No. 152.

Subsec. (b): Act No. 178 rewrote subdiv. (1); added subdivs. (2)(F)-(K); repealed subdiv. (4)(J); and added subdivs. (4)(M)-(S) and subdiv. (7).

Subsec. (d): Added by Act No. 152.

Amendments--2019. Subsec. (a): Inserted "or adviser profession" in the introductory paragraph; and added subdiv. (4).

Subsec. (b): Added subdivs. (2)(C)-(E); in subdiv. (4), substituted "$240.00" for "$200.00" in the introductory paragraph and "$150.00" for "$100.00" in subdiv. (C), and added subdivs. (J)-(L); and added subdiv. (6).

Amendments--2017 (Adj. Sess.) Subdivs. (b)(2) and (b)(4): Amended generally.

Amendments--2015. Subsection (a): Amended generally.

Amendments--2011 (Adj. Sess.). Subdivision (a)(6): Deleted.

Amendments--2009 (Adj. Sess.) Subsection (b): Added new subdiv. (3), redesignated former subdivs (3) and (4) as present subdivs. (4) and (5), and added subdiv. (4)(D).

Amendments--2005. Subdivision (a)(1): Act No. 27 added the last sentence.

Subsection (b): Act No. 72 substituted "$200.00" for "$175.00" in subdiv. (3), and "$150.00" for "$125.00" in subdivs. (3)(A) and (B).

Subdivision (b)(3)(C): Added by Act No. 27.

2001 (Adj. Sess.) - Subdivision (b)(3): Substituted "$175.00, except" for "$135.00" and added the (A) and (B) designations.

Amendments--1999 (Adj. Sess.). Subsection (b): Substituted "Unless otherwise provided by law" for "Notwithstanding any provisions of law to the contrary" in the introductory paragraph.

Subsection (c): Added.

Amendments--1997 (Adj. Sess.). Subdivision (a)(1): Added "for a renewal submitted less than 30 days late" at the end of the first sentence and added the second sentence.

Amendments--1997 Act No. 40 added subdiv. (6).

Act No. 59 designated the existing provisions of the section as subsec. (a) and added subsec. (b).

§ 126. Agent for process; nonresident licensees.

Whenever a person practicing a profession attached to the Office resides outside the borders of the State and fails to appoint an agent for process, the Secretary of State shall be an agent of that person, upon whom any process, notice, or demand may be served. In the event any process, notice, or demand is served on the Secretary of State, the Secretary shall immediately cause one of the copies thereof to be forwarded by certified mail, addressed to the person at its registered Office.

Added 1989, No. 250 (Adj. Sess.), § 1.

§ 127. Unauthorized practice.

  1. When the Office receives a complaint of unauthorized practice, the Director shall refer the complaint to Office investigators and prosecutors.
    1. A person practicing a regulated profession without authority or an employer permitting such practice may, upon the complaint of the Attorney General or a State's Attorney or an attorney assigned by the Office of Professional Regulation, be enjoined therefrom by the Superior Court where the violation occurred or the Washington County Superior Court and may be assessed a civil penalty of not more than $5,000.00. (b) (1)  A person practicing a regulated profession without authority or an employer permitting such practice may, upon the complaint of the Attorney General or a State's Attorney or an attorney assigned by the Office of Professional Regulation, be enjoined therefrom by the Superior Court where the violation occurred or the Washington County Superior Court and may be assessed a civil penalty of not more than $5,000.00.
      1. The Attorney General or an attorney assigned by the Office of Professional Regulation may elect to bring an action seeking only a civil penalty of not more than $2,500.00 for practicing or permitting the practice of a regulated profession without authority before the board having regulatory authority over the profession or before an administrative law officer. (2) (A) The Attorney General or an attorney assigned by the Office of Professional Regulation may elect to bring an action seeking only a civil penalty of not more than $2,500.00 for practicing or permitting the practice of a regulated profession without authority before the board having regulatory authority over the profession or before an administrative law officer.

      Hearings shall be conducted in the same manner as disciplinary hearings.

      1. A civil penalty imposed by a board or administrative law officer under this subsection (b) shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter for the purpose of providing education and training for board members and advisor appointees. (3) (A) A civil penalty imposed by a board or administrative law officer under this subsection (b) shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter for the purpose of providing education and training for board members and advisor appointees.

      The Director shall detail in the annual report receipts and expenses from these civil penalties.

  2. In addition to other provisions of law, unauthorized practice shall be punishable by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Prosecution may occur upon the complaint of the Attorney General or a State's Attorney or an attorney assigned by the Office of Professional Regulation under this section and shall not act as a bar to civil or administrative proceedings involving the same conduct.
    1. A person whose license has expired for not more than one biennial period may reinstate the license by meeting renewal requirements for the profession, paying the profession's renewal fee, and paying the following nondisciplinary reinstatement penalty: (d) (1)  A person whose license has expired for not more than one biennial period may reinstate the license by meeting renewal requirements for the profession, paying the profession's renewal fee, and paying the following nondisciplinary reinstatement penalty:
      1. if reinstatement occurs within 30 days after the expiration date, $100.00; or
      2. if reinstatement occurs more than 30 days after the expiration date, an amount equal to the renewal fee increased by $40.00 for every additional month or fraction of a month, provided the total penalty shall not exceed $1,500.00.
    2. Fees assessed under this subsection shall be deposited into the Regulatory Fee Fund and credited to the appropriate fund for the profession of the reinstating licensee.
    3. A licensee seeking reinstatement may submit a petition for relief from the reinstatement penalty, which a board may grant only upon a finding of exceptional circumstances or extreme hardship to the licensee; provided, however, that fees under this subsection shall not be assessed for any period during which a licensee was a member of the U.S. Armed Forces on active duty.
    4. Practice by a licensee with an expired license that continues for more than two years, or practicing at any time when the licensee knew or should have known the license was expired, may be prosecuted by the State as unauthorized practice under this section or as unprofessional conduct pursuant to subdivision 129a(a)(3) of this title.
  3. A person practicing a licensed profession without authority shall not institute any proceedings in this State for the enforcement of any right or obligation if at the time of the creation of the right or obligation the unlicensed person was acting without authority.
  4. The provisions of this section shall be in addition to any other remedies or penalties for unauthorized practice established by law.

    Added 1989, No. 250 (Adj. Sess.), § 1; amended 1995, No. 138 (Adj. Sess.), § 12, eff. May 1, 1996; 1995, No. 171 (Adj. Sess.), § 8, eff. May 15, 1996; 2003, No. 60 , § 1; No. 66, § 84; 2005, No. 27 , § 3; 2005, No. 148 (Adj. Sess.), § 2; 2015, No. 38 , § 2, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 3; 2019, No. 30 , § 3.

History

2003. Subsection 127(b) of Title 3 was amended by Sec. 1 of No. 60 of 2003 and subsequently by Sec. 84 of No. 66 of 2003.

Amendments--2019. Subdiv. (b)(1): Substituted "$5,000.00" for "$1,000.00".

Subdiv. (b)(2)(A): Substituted "$2,500.00" for "$1,000.00".

Amendments--2017 (Adj. Sess.) Subsec. (a): Substituted "Office investigators and prosecutors" for "the appropriate board for investigation" at the end of the sentence.

Subsec. (b): Amended generally.

Subdiv. (d)(3): Added the proviso to the end of the subdiv.

Amendments--2015. Subdivisions (d)(1)-(d)(4): Added.

Subsections (e) and (f): Redesignated.

Amendments--2005 (Adj. Sess.). Inserted "where the violation occurred or the Washington County superior court" preceding "and may be assessed" in the first sentence of subsec. (b), added new subsec. (c) and redesignated former subsecs. (c) and (d) as present subsecs. (d) and (e), and in subsec. (d), substituted "the unlicensed person" for "it" preceding "was acting".

Amendments--2005. Subsection (b): Substituted "Hearings shall" for "Such hearings will" in the third sentence and added the fourth and fifth sentences.

Amendments--2003. Subsection (b): Act No. 60, § 1 added the last two sentences.

Act No. 66, § 84 substituted "regulated" for "licensed", inserted "or an attorney assigned by the office of professional regulation" following "state's attorney", and added the last two sentences.

Amendments--1995 (Adj. Sess.) Subsection (a): Act No. 138 substituted "may" for "shall" preceding "forward" in the second sentence.

Act No. 171 deleted the second sentence.

§ 128. Disciplinary action to be reported to the Office.

    1. Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Office, along with supporting information and evidence, any disciplinary action taken by it or its staff that limits or conditions the licensee's privilege to practice or leads to suspension or expulsion from the institution. (a) (1)  Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Office, along with supporting information and evidence, any disciplinary action taken by it or its staff that limits or conditions the licensee's privilege to practice or leads to suspension or expulsion from the institution.
    2. The report shall be made within 10 days of the date the disciplinary action was taken, regardless of whether the action is the subject of a pending appeal, and in the case of a licensee who is employed by, or under contract with, a community mental health center, a copy of the report shall also be sent to the Commissioners of Mental Health and of Disabilities, Aging, and Independent Living.
    3. This section shall not apply to cases of resignation, separation from service, or changes in privileges that are unrelated to:
      1. a disciplinary or adverse action;
      2. an adverse action report to the National Practitioner Data Bank;
      3. an unexpected adverse outcome in the care or treatment of a patient;
      4. misconduct or allegations of misconduct;
      5. the initiation or process of an action to limit, condition, or suspend a licensee's privilege to practice in an institution;
      6. an action to expel the licensee from an institution; or
      7. any other action that could lead to an outcome described in subdivisions (A) through (F) of this subdivision (3).
  1. Within 30 days of any judgment or settlements involving a claim of professional negligence by a licensee, any insurer of the licensee shall report such information to the Office, regardless of whether the action is the subject of a pending appeal.
  2. Information provided to the Office under this section shall be confidential unless the Office decides to treat the report as a complaint, in which case the provisions of section 131 of this title shall apply.
  3. A person who acts in good faith in accord with the provisions of this section shall not be liable for damages in any civil action.
  4. A person who violates this section shall be subject to a civil penalty of not more than $1,000.00.

    Added 1989, No. 250 (Adj. Sess.), § 1; 1995, No. 126 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 1, eff. June 13, 2002; 2011, No. 66 , § 1, eff. June 1, 2011; 2013, No. 96 (Adj. Sess.), § 5; 2013, No. 138 (Adj. Sess.), § 3; 2017, No. 48 , § 2; 2017, No. 144 (Adj. Sess.), § 4.

History

Amendments--2017 (Adj. Sess.) Subsec. (c): Substituted "Office" for "board" preceding "decides to treat".

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Subsection (a): Act 96 substituted "the" for "such" preceding "disciplinary".

Acts 96 and 138 substituted "Commissioners of Mental Health and of Disabilities, Aging, and Independent Living" for "Commissioner of Mental Health and Mental Retardation" at the end of the second sentence.

Amendments--2011. Catchline: Substituted "Disciplinary action" for "Unprofessional conduct" and inserted "the" preceding "board".

Amendments--2001 (Adj. Sess.). Subsection (a): Inserted "after an initial investigation or hearing in which the licensee has been afforded the opportunity to participate" following "its staff", deleted "significantly" preceding "limits", and inserted "or conditions" preceding "the licensee's privilege" in the first sentence; inserted "regardless of whether the action is the subject of a pending appeal" following "action was taken" in the second sentence; deleted "or" following "resignation", substituted "or changes in privileges which are unrelated to" for "for reasons unrelated to disciplinary action" in the third sentence.

Subdivisions (a)(1)-(7): Added.

Subsection (b): Added "regardless of whether the action is the subject of a pending appeal" to the end of the subsection.

Amendments--1995 (Adj. Sess.) Subsection (a): Inserted "community mental health center" following "clinic" in the first sentence and rewrote the second sentence.

§ 129. Powers of boards or of Director in advisor professions; discipline process.

  1. In addition to any other provisions of law, a board or the Director, in the case of professions that have advisor appointees, may exercise the following powers:
    1. Consistent with other law and State policy, develop administrative rules establishing evidence-based standards of practice appropriate to secure and promote the public health, safety, and welfare; open and fair competition within the marketplace for professional services; interstate mobility of professionals; and public confidence in the integrity of professional services.
    2. Issue subpoenas and administer oaths in connection with any authorized hearing, investigation, or disciplinary proceeding. Subpoenas may be issued ex parte by the chair of the board, the Director, or any attorney representing a party. Depositions may be taken after charges upon due notice to all parties without specific authorization by the board.
    3. Issue warnings or reprimands, suspend, revoke, limit, condition, deny, or prevent renewal of licenses, after disciplinary hearings or, in cases requiring emergency action, immediately suspend, as provided by section 814 of this title. In a case involving noncompliance with a statute or rule relating to administrative duties not related to patient, client, or customer care, a board or hearing officer may determine that ordering a monetary civil penalty does not constitute a finding of unprofessional conduct.
    4. Reinstate or deny reinstatement of a license that has been revoked, suspended, limited, or conditioned.
    5. Discipline any licensee or refuse to license any person who has had a license application denied or a license revoked, suspended, limited, conditioned, or otherwise disciplined by a licensing agency in another jurisdiction for conduct that would constitute unprofessional conduct in this State, or has surrendered a license while under investigation for unprofessional conduct.
    6. Notify relevant State, federal, and local agencies and appropriate bodies in other states of the status of any disciplinary case against an applicant or licensee, provided the board has taken disciplinary action or has served a notice of charges against the person.
    7. Refuse to accept the return of a license tendered by the subject of a disciplinary investigation or refuse to allow an applicant who is the subject of a disciplinary investigation to withdraw his or her application without permission of the board.
    8. Adopt rules governing the issuance of licenses to practice, to persons licensed and in good standing to practice in another jurisdiction, that authorize the holder of the license to practice in this State for no more than 10 days or 80 hours in any calendar year upon payment of the required fee.
    9. For good cause shown, waive fees when a license is required to provide services on a pro bono basis or in accordance with standards established by the board by rule.
      1. Issue temporary licenses during a declared state of emergency. The person to be issued a temporary license must be: (10) (A) Issue temporary licenses during a declared state of emergency. The person to be issued a temporary license must be:
        1. currently licensed, in good standing, and not subject to disciplinary proceedings in any other jurisdiction; or
        2. a graduate of an approved education program during a period when licensing examinations are not reasonably available.
      2. The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first, provided the licensee remains in good standing, and may be reissued by the board if the declared state of emergency continues longer than 90 days.

        Fees shall be waived when a license is required to provide services under this subdivision.

    10. Treat as incomplete any license application submitted with a check subsequently returned for insufficient funds.
    11. Waive or modify continuing education requirements for persons on active duty in the U.S. Armed Forces.
    12. Administer a Vermont statutes and rules examination as a condition of licensure, renewal, or reinstatement.
    13. Grant an honorary license to those individuals having demonstrated outstanding service to a profession, at the discretion of the board. An honorary license shall not confer the right or privilege to practice the profession in this State.
  2. A board or the Director, in the case of professions that have advisor appointees, shall receive complaints from any source, or may investigate without receiving a complaint.
    1. Boards and administrative law officers sitting in disciplinary cases shall do so impartially and without ex parte knowledge of the case in controversy. (c) (1)  Boards and administrative law officers sitting in disciplinary cases shall do so impartially and without ex parte knowledge of the case in controversy.
    2. A State prosecuting attorney assigned by the Office shall be responsible for prosecuting disciplinary cases before boards or administrative law officers.
    3. The Office may assign one or more board members or advisors to assist Office investigators and the prosecutor in relation to the investigation and prosecution of licensing and disciplinary matters. If a board member has served in this capacity, the member shall not participate in ex parte communications with other board members regarding the case and shall not participate in deliberating or deciding the case.
  3. A board or the Director shall notify parties, in writing, of their right to appeal final decisions of the board. A board or the Director shall also notify complainants in writing of the result of any disciplinary investigation made with reference to a complaint brought by them to the board or Director. When a disciplinary investigation results in a stipulation filed with the board, the board or the Director shall provide the complainant with a copy of the stipulation and notice of the stipulation review scheduled before the board. The complainant shall have the right to be heard at the stipulation review.
    1. When a board or the Director, in the case of professions that have advisor appointees, intends to deny an application for a license, the board or Director shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition within 30 days of the date on which the notice is mailed with the board or the Director for review of its or his or her preliminary decision. (e) (1)  When a board or the Director, in the case of professions that have advisor appointees, intends to deny an application for a license, the board or Director shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition within 30 days of the date on which the notice is mailed with the board or the Director for review of its or his or her preliminary decision.
    2. At the hearing, the applicant shall bear the burden of proving that the preliminary denial should be reversed and that the license should be granted.
    3. After the hearing, the board or Director shall affirm or reverse the preliminary denial, explaining the reasons therefor in writing.
      1. The Director may appoint a hearing officer, who shall be an attorney admitted to practice in this State, to conduct a hearing that would otherwise be heard by a board. A hearing officer appointed under this subsection may administer oaths and exercise the powers of the board properly incidental to the conduct of the hearing. (f) (1) (A)  The Director may appoint a hearing officer, who shall be an attorney admitted to practice in this State, to conduct a hearing that would otherwise be heard by a board. A hearing officer appointed under this subsection may administer oaths and exercise the powers of the board properly incidental to the conduct of the hearing.
      2. When disciplinary charges are pending concurrently against a single individual or entity, in one profession or multiple, the Director is authorized to order that the matters be consolidated in a single proceeding.
    1. In board professions, when a hearing is conducted by a hearing officer, the officer shall report findings of fact and conclusions of law to the board. The report shall be made within 60 days of the conclusion of the hearing unless the board grants an extension. The provisions of section 811 of this title regarding proposals for decision shall not apply to the hearing officer report.
    2. The board may take additional evidence and may accept, reject, or modify the findings and conclusions of the hearing officer. Judgment on the findings shall be rendered by the board.
  4. A board may authorize any of the following:
    1. Its chair or legal counsel to grant continuances of scheduled hearings.
    2. Its chair to grant or deny stays pending appeal.
    3. Its chair or legal counsel to convene and conduct prehearing conferences.
    4. Its legal counsel to preside at hearings for the purpose of making procedural and evidentiary rulings. The board may overrule a ruling by legal counsel under this subdivision.
    1. A board member, hearing officer, or administrative law officer having a personal or pecuniary interest or the appearance of a personal or pecuniary interest in the outcome of any board decision shall not participate in deciding the matter. (h) (1)  A board member, hearing officer, or administrative law officer having a personal or pecuniary interest or the appearance of a personal or pecuniary interest in the outcome of any board decision shall not participate in deciding the matter.
      1. A board member, hearing officer, or administrative law officer whose disqualification is sought shall either disqualify himself or herself or, without ruling on the request for disqualification, refer the request to the Secretary of State, who shall rule on the request. (2) (A) A board member, hearing officer, or administrative law officer whose disqualification is sought shall either disqualify himself or herself or, without ruling on the request for disqualification, refer the request to the Secretary of State, who shall rule on the request.
      2. The ruling of the Secretary of State on a request for disqualification shall be final and shall be subject to review only upon appeal of a final order of a board under section 130a of this title or of an administrative law officer under subsection (j) of this section.
        1. A board may consult with the Attorney General or an attorney assigned by the Office of Professional Regulation for the proper conduct of its affairs.

          (j) Hearings involving denials of licensure or disciplinary matters concerning persons in professions that have advisor appointees shall be heard by an administrative law officer appointed by the Secretary of State.

          (k) (1) Whenever completion of certain continuing education requirements is a condition of renewal, the board may require the applicant to develop and complete a specific corrective action plan, to be completed within 90 days.

          (2) A board may grant a temporary renewal license pending the completion of the required continuing education.

          ( l ) Unless a disciplinary order expressly provides to the contrary, discipline against any license or credential issued by a regulatory body attached to the Office to an individual or entity shall be applicable as a matter of law to all other licenses issued to that licensee by that regulatory body.

          (m) In any proceeding under this section that addresses an applicant's or licensee's alleged sexual misconduct, evidence of the sexual history of the victim of the alleged sexual misconduct shall neither be subject to discovery nor be admitted into evidence. Neither opinion evidence of nor evidence of the reputation of the victim's sexual conduct shall be admitted.

          Added 1989, No. 250 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 63; 1993, No. 102 , § 3; 1993, No. 103 , § 3; 1993, No. 222 (Adj. Sess.), § 19; 1995, No. 126 (Adj. Sess.), § 2; 1995, No. 138 (Adj. Sess.), § 13, eff. May 1, 1996; 1995, No. 171 (Adj. Sess.), § 9, eff. May 15, 1996; 1997, No. 40 , § 4; 1997, No. 145 (Adj. Sess.), § 2; 1999, No. 52 , § 2; 1999, No. 133 (Adj. Sess.), § 2; 2001, No. 129 (Adj. Sess.), § 2, eff. June 13, 2002; 2001, No. 151 (Adj. Sess.), § 1, eff. June 27, 2002; 2003, No. 66 , § 85; 2005, No. 27 , § 4; 2005, No. 148 (Adj. Sess.), § 3; 2007, No. 29 , § 1; 2007, No. 163 (Adj. Sess.), § 3; 2009, No. 35 , § 1; 2009, No. 103 (Adj. Sess.), § 3; 2011, No. 66 , § 2, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 4; 2015, No. 38 , § 3, eff. May 28, 2015; 2017, No. 48 , § 3; 2017, No. 144 (Adj. Sess.), § 5; 2019, No. 91 (Adj. Sess.), § 14, eff. March 30, 2020; 2019, No. 178 (Adj. Sess.), § 4, eff. Oct. 1, 2020.

History

Amendments--2019 (Adj. Sess.) Section heading: Act No. 178 added "or the Director in advisor professions".

Subsec. (a): Act No. 178 inserted "or the Director, in the case of professions that have advisor appointees" in the introductory paragraph.

Subdiv. (a)(10): Amended generally by Act No. 91.

Subdiv. (c)(2): Act No. 178 deleted "of Professional Regulation" following "Office".

Subsec. (d): Act No. 178 added "or the Director" in the first sentence.

Subsec. (e): Act No. 178 added the subdiv. designations.

Subsec. (f): Act No. 178 amended generally.

Subsec. (h): Act No. 178 added the subdiv. (1)-(2)(B) designations and deleted the last sentence of subdiv. (2)(B).

Subsec. (j): Act No. 178 substituted "Hearings" for "Notwithstanding the provisions of section 130a of this title, hearings".

Subsec. (k): Act No. 178 added the subdiv. (1) designation; and redesignated subsec. ( l ) as subdiv. (2).

Subsec. (l): Added by Act No. 178.

Amendments--2017 (Adj. Sess.) Subdiv. (a)(1): Amended generally.

Amendments--2017. Subsec. (c): Added the subdiv. designations and amended the subsec. generally.

Subsec. (j): Deleted the former second sentence.

Amendments--2015. Subsection (f): Amended generally.

Amendments--2011 (Adj. Sess.). Subdivision (a)(10): Deleted "to health care providers and veterinarians" following "licenses" in the first sentence, and substituted "The person" for "The health care provider or veterinarian" in the second sentence.

Amendments--2011. Subdivision (g)(2): Deleted "or legal counsel" following "chair".

Amendments--2009 (Adj. Sess.) Subdiv. (a)(3): Inserted "deny" following "condition" in the first sentence.

Subsection (g): Inserted "or legal counsel" following "chair" and deleted "and stays pending appeal" following "hearings" in subdiv. (1), added new subdiv. (2), and redesignated former subdivs. (2) and (3) as subdivs. (3) and (4).

Amendments--2009. Subdivision (a)(5): Inserted "license application denied or a" preceding "license".

Subdivision (a)(14): Added.

Subsection ( l ): Added and redesignated former subsec. ( l ) as present subsec. (m).

Amendments--2007 (Adj. Sess.) Subsection (c): Added the fifth sentence.

Subsection (e): Inserted "within 30 days of the date on which the notice is mailed" following "petition" and "or his or her" preceding "preliminary" and deleted "within 30 days of the date on which the notice is mailed" following "decision" in the second sentence.

Amendments--2007. Subdivision (a)(3): Inserted "suspend" following "immediately" in the first sentence.

Subdivision (a)(13): Added.

Subsection (c): Inserted "and shall not participate in ex parte communications with other board members regarding the case" following "the case" at the end of the fourth sentence.

Amendments--2005 (Adj. Sess.). Subdivision (a)(5): Substituted the first occurrence of "conduct" for "an offense".

Subdivision (a)(12): Rewrote the subdivision.

Amendments--2005. Redesignated subdivision (a)(1) as the introductory paragraph of subsection (a), redesignated subdivisions (a)(2) through (a)(12) as (a)(1) through (a)(11); in subsection (e), inserted "the director" following "when a board or" at the beginning of the subsection and deleted "the director" preceding "intends to deny an application for a license"; in subsection (i), inserted "or an attorney assigned by the office of professional regulation"; and in subsection (k), inserted "to be completed" preceding "within 90 days" and deleted "prior to renewal" thereafter.

Amendments--2003. Subsection (c): Substituted "an attorney assigned by the office of professional regulation" for "the attorney general" and deleted the former last sentence.

Amendments--2001 (Adj. Sess.). Subdivision (a)(2): Inserted "the director" preceding "or any attorney".

Subdivision (a)(6): Deleted "or" preceding "conditioned" and inserted "or otherwise disciplined" following "conditioned".

Subdivision (a)(11): Inserted "and veterinarians" in the first sentence, "or veterinarians" in the second sentence, and "as long as the license remains in good standing" near the end of the third sentence.

Subdivision (a)(12): Added.

Subsection (c): Added "and license applications" at the end of the first sentence, "disciplinary and licensing" preceding "cases" in the second sentence and "or license applications" following "investigate complaints" in the fourth sentence.

Subdivision (g)(1): Inserted "continuances of scheduled hearings and" preceding "stays".

Amendments--1999 (Adj. Sess.). Subsection (a): Deleted former subdiv. (4), redesignated former subdivs. (5)-(11) as present subdivs. (4)-(10), inserted "warnings or" preceding "reprimands" in present subdiv. (4), and added subdiv. (11).

Amendments--1999. Subsection (a): Rewrote subdiv. (10) and inserted "when a license is required to provide services on a pro bono basis or" following "waive fees" in subdiv. (11).

Subsection (d): Added the third and fourth sentences.

Subdivision ( l ): Added.

Amendments--1997 (Adj. Sess.). Subsection (k): Added.

Amendments--1997. Added new subdiv. (a)(4), redesignated former subdivs. (a)(4)-(a)(7) as present subdivs. (a)(5)-(a)(8), deleted "warnings or" preceding "reprimands" in present subdiv. (a)(5), added subdivs. (a)(9)-(a)(11), added the fifth and sixth sentences in subsec. (c) and rewrote subsecs. (h) and (j).

Amendments--1995 (Adj. Sess.) Subsection (b): Act Nos. 138 and 171 deleted the second sentence.

Subsection (j): Amended generally by Act No. 126.

Amendments--1993 (Adj. Sess.). Subsection (j): Added "except that special panels that hear matters relating to psychotherapists shall consist of three persons, including one advisor appointee, one psychotherapist who is listed on the roster of nonlicensed and noncertified psychotherapists, but who is not an advisor appointee, and one public member" at the end of the second sentence and inserted "except that if the special panel is hearing a matter relating to a psychotherapist, the secretary shall appoint a psychotherapist who is listed on the roster of psychotherapists who are nonlicensed and noncertified" following "profession" in the third sentence.

Amendments--1993. Act Nos. 102 and 103 inserted "or certified" following "licensed" and "as appropriate" following "profession" in the third sentence of subsec. (j).

Amendments--1991 (Adj. Sess.). Subdivision (a)(4); Inserted "issue warnings or reprimands" preceding "suspend".

Subdivision (a)(5): Inserted "or deny reinstatement of" following "reinstate".

ANNOTATIONS

Analysis

1. Construction.

Fact that Legislature amended statute governing professional conduct boards, so as to include power to deny a request for withdrawal of a license application, did not demonstrate that such power had previously been lacking, because legislation containing amendment was enacted to reinstate former policy and was intended to clarify rather than change existing law. Perry v. Medical Practice Board, 169 Vt. 399, 737 A.2d 900 (1999).

2. Access records.

While the Legislature carved out a limited role for complainants in its statute governing professional discipline boards, it did not create an adversarial process between the complainant and the licensee entitling the complainant to review the licensee's submissions to the Office of Professional Regulation at the investigative stage of the proceedings. Wool v. Office of Prof'l Regulation, - Vt. - , 236 A.3d 1250 (June 12, 2020).

§ 129a. Unprofessional conduct.

  1. In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action. Any one of the following items or any combination of items, whether the conduct at issue was committed within or outside the State, shall constitute unprofessional conduct:
    1. Fraudulent or deceptive procurement or use of a license.
    2. Advertising that is intended or has a tendency to deceive.
    3. Failing to comply with provisions of federal or State statutes or rules governing the practice of the profession.
    4. Failing to comply with an order of the board or violating any term or condition of a license restricted by the board.
    5. Practicing the profession when medically or psychologically unfit to do so.
    6. Delegating professional responsibilities to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education, or licensing credentials to perform them, or knowingly providing professional supervision or serving as a preceptor to a person who has not been licensed or registered as required by the laws of that person's profession.
    7. Willfully making or filing false reports or records in the practice of the profession, willfully impeding or obstructing the proper making or filing of reports or records, or willfully failing to file the proper reports or records.
    8. Failing to make available promptly to a person using professional health care services, that person's representative, or succeeding health care professionals or institutions, upon written request and direction of the person using professional health care services, copies of that person's records in the possession or under the control of the licensed practitioner, or failing to notify patients or clients how to obtain their records when a practice closes.
    9. Failing to retain client records for a period of seven years, unless laws specific to the profession allow for a shorter retention period. When other laws or agency rules require retention for a longer period of time, the longer retention period shall apply.
    10. Conviction of a crime related to the practice of the profession or conviction of a felony, whether or not related to the practice of the profession.
    11. Failing to report to the Office a conviction of any felony or misdemeanor offense in a Vermont District Court, a Vermont Superior Court, a federal court, or a court outside Vermont within 30 days.
    12. Exercising undue influence on or taking improper advantage of a person using professional services, or promoting the sale of services or goods in a manner that exploits a person for the financial gain of the practitioner or a third party.
    13. Performing treatments or providing services that the licensee is not qualified to perform or that are beyond the scope of the licensee's education, training, capabilities, experience, or scope of practice.
    14. Failing to report to the Office within 30 days a change of name, e-mail, or mailing address.
    15. Failing to exercise independent professional judgment in the performance of licensed activities when that judgment is necessary to avoid action repugnant to the obligations of the profession.
      1. Impeding an investigation under this chapter or unreasonably failing to reply, cooperate, or produce lawfully requested records in relation to such investigation. (16) (A) Impeding an investigation under this chapter or unreasonably failing to reply, cooperate, or produce lawfully requested records in relation to such investigation.
      2. The patient privilege set forth in 12 V.S.A. § 1612 shall not bar the licensee's obligations under this subsection (a) and a confidentiality agreement entered into in concluding a settlement of a civil claim shall not exempt the licensee from fulfilling his or her obligations under this subdivision (16).
    16. Advertising, promoting, or recommending a therapy or treatment in a manner tending to deceive the public or to suggest a degree of reliability or efficacy unsupported by competent evidence and professional judgment.
    17. Promotion by a treatment provider of the sale of drugs, devices, appliances, or goods provided for a patient or client in such a manner as to exploit the patient or client for the financial gain of the treatment provider, or selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes.
    18. Willful misrepresentation in treatments or therapies.
    19. Offering, undertaking, or agreeing to cure or treat a disease or disorder by a secret method, procedure, treatment, or medicine.
    20. Permitting one's name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the professional services provided.
    21. Prescribing, selling, administering, distributing, ordering, or dispensing any drug legally classified as a controlled substance for the licensee's own use or to an immediate family member as defined by rule.
    22. For any professional with prescribing authority, signing a blank or undated prescription form or negligently failing to secure electronic means of prescribing.
    23. For any mental health care provider, use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
    24. For providers of clinical care to patients, failing to have in place a plan for responsible disposition of patient health records in the event the licensee should become incapacitated or unexpectedly discontinue practice.
    25. Sexually harassing or exploiting a patient, client, or consumer, or doing so to a coworker in a manner that threatens the health, safety, or welfare of patients, clients, or consumers; failing to maintain professional boundaries; or violating a patient, client, or consumer's reasonable expectation of privacy.
  2. Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may constitute unprofessional conduct, whether actual injury to a client, patient, or customer has occurred. Failure to practice competently includes:
    1. performance of unsafe or unacceptable patient or client care; or
    2. failure to conform to the essential standards of acceptable and prevailing practice.
  3. The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
    1. After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $5,000.00 for each unprofessional conduct violation. (d) (1)  After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $5,000.00 for each unprofessional conduct violation.
      1. Any money received under this subsection shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter for the purpose of providing education and training for board members and advisor appointees. (2) (A) Any money received under this subsection shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter for the purpose of providing education and training for board members and advisor appointees.

      The Director shall detail in the annual report receipts and expenses from money received under this subsection.

  4. In the case where a standard of unprofessional conduct as set forth in this section conflicts with a standard set forth in a specific board's statute or rule, the standard that is most protective of the public shall govern.

    Added 1997, No. 40 , § 5; amended 2001, No. 151 (Adj. Sess.), § 2, eff. June 27, 2002; 2003, No. 60 , § 2; 2005, No. 27 , § 5; 2005, No. 148 (Adj. Sess.), § 4; 2009, No. 35 , § 2; 2011, No. 66 , § 3, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 5; 2017, No. 48 , § 4; 2017, No. 144 (Adj. Sess.), § 6, eff. July 1, 2019; 2019, No. 30 , § 4.

History

Amendments--2019. Subdiv. (a)(26): Added.

Subsec. (d): Added subdiv. (1) and (2)(A) and (B) designations; in subdiv. (1), substituted "$5,000.00" for "$1,000.00"; and in subdiv. (2)(A), substituted "chapter" for "title".

Amendments--2017 (Adj. Sess.) Subsec. (a): Deleted "or not" following "whether" in the third sentence.

Subdiv. (a)(25): Added.

Amendments--2017. Subdiv. (a)(11): Substituted "misdemeanor" for "any" preceding "offense" and deleted "related to the practice of the profession" following "offense".

Subdiv. (a)(14): Inserted ", e-mail," following "name" and "mailing" preceding "address".

Subdivs. (a)(16)-(a)(24): Added.

Amendments--2011 (Adj. Sess.). Subdivision (a)(8): Added the first occurrence of "or" and "or failing to notify patients or clients how to obtain their records when a practice closes".

Amendments--2011. Subdivision (a)(6): Inserted ", or knowingly providing professional supervision or serving as a preceptor to a person who has not been licensed or registered as required by the laws of that person's profession" following "them".

Amendments--2009. Subdivision (a)(15): Added.

Amendments--2005 (Adj. Sess.). Subdivision (a)(11): Inserted "a federal court" following "Vermont superior court".

Subdivisions (a)(13) and (a)(14): Added.

Amendments--2005. Subsection (a): Deleted former subdiv. (12) and redesignated former subdiv. (13) as present subdiv. (12).

Subsection (b): Added "whether actual injury to a client, patient, or customer has occurred" in the first sentence of the introductory paragraph.

Subsection (d): Rewrote the second sentence and added the third sentence.

Amendments--2003. Added present subdiv. (a)(9), redesignated former subdiv. (a)(9) as the present subdiv. (a)(10), added present subdiv. (a)(11), and redesignated former subdivs. (a)(11) - (a)(12) as present subdivs. (a)(12) - (a)(13).

Subsection (d): Amended generally.

Amendments--2001 (Adj. Sess.) Inserted the last sentence in subsec. (a), added subsec. (b), redesignated former subsecs. (b), (c) and (d) as subsecs. (c), (d) and (e), and at the end of subsec. (d), added "including imposing an administrative penalty not to exceed $1,000.00 for each unprofessional conduct violation. Any money received from the imposition of an administrative penalty imposed under this section shall be deposited in the general fund".

ANNOTATIONS

Analysis

1. Construction.

Professional discipline process should not be used as a pretext, a substitute for, or alternative to, employment laws that define and enforce the rights of employers and employees. Simply put, being a bad manager - even a temperamental, unpredictable, harsh, and demanding one - might not necessarily constitute unprofessional conduct for the purposes of State disciplinary action against a licensed nursing home administrator. Whittington v. Office of Prof'l Regulation, 195 Vt. 181, 87 A.3d 489 (2013).

Pursuant to statutory authority, Vermont has adopted the Administrative Rules for Licensed Midwives, and several of the midwifery rules were implicated in a case seeking immediate summary suspension of a midwife's license to practice midwifery. Each time the midwife violated a midwifery rule, she also committed unprofessional conduct. Devers-Scott v. Office of Professional Regulation, 181 Vt. 248, 918 A.2d 230 (January 12, 2007).

By establishing one standard of proof for all professions and occupations regulated by secretary of state, legislature did not intend to lower an extant burden of proof for nurse licensing actions, but rather intended to avoid inefficiency of administering a patchwork of standards adopted by various boards. In re Smith, 169 Vt. 162, 730 A.2d 605 (1999).

*2. Particular cases.

There was no merit to respondent engineer's contention that unprofessional conduct charges were fundamentally flawed or contrary to public policy when the Office of Professional Regulation decided in its discretion, following an investigation, that charges were warranted and then held a hearing. In re Bombardier, 206 Vt. 450, 182 A.3d 1165 (2018).

Board of Professional Engineering did not misconstrue the scope of respondent engineer's undertaking, as respondent testified that he agreed to a very broad undertaking. In re Bombardier, 206 Vt. 450, 182 A.3d 1165 (2018).

Nursing home administrator could not be subjected to professional discipline and penalties based on deficiencies with the nursing home when the administrative law officer did not specifically find that she was responsible for their occurrence, but instead held her liable on the basis that administrators were charged with general administration of the home and were thus responsible for all that occurred there. Whittington v. Office of Prof'l Regulation, 195 Vt. 181, 87 A.3d 489 (2013).

No error was found in the administrative law officer's conclusion that a midwife committed unprofessional conduct by failing to obtain written informed consent forms from her client, either for the home birth or for the special risks associated with a vaginal birth after cesarean. Devers-Scott v. Office of Professional Regulation, 181 Vt. 248, 918 A.2d 230 (January 12, 2007).

Evidence of midwife's visit to a client's home in New York, which included taking the client's blood pressure and fetal heart tones, supported the administrative law officer's (ALO's) finding that she practiced midwifery in New York in violation of New York law. Therefore, the ALO did not err in concluding that she violated the statute listing as unprofessional conduct the failure to comply with provisions of federal or state statutes or rules governing the practice of the profession. Devers-Scott v. Office of Professional Regulation, 181 Vt. 248, 918 A.2d 230 (January 12, 2007).

Midwife failed in her argument that, because the conditions her client presented were not explicitly listed as triggers for a physician consultation in the midwifery rule, there was no support for the administrative law officer's (ALO) conclusion that she should have consulted a physician. However, the ALO did not conclude that she violated the rule in this instance. Instead, the ALO reasonably concluded that, under the particular circumstances the client presented, the statute pertaining to the failure to practice competently required that a midwife, "in the exercise of caution and in providing competent and safe patient care . . . make the assumption that a full rupture of the amniotic membrane [has] occurred . . . [because t]he risks of making the opposite assumption . . . are simply too high." Devers-Scott v. Office of Professional Regulation, 181 Vt. 248, 918 A.2d 230 (January 12, 2007).

*3. Unprofessional conduct found.

Mistreatment of staff, patients, or visitors can constitute grounds for discipline if it rises to the level that it threatens the health, safety, and welfare of patients. Thus, a nursing home administrator engaged in professional misconduct by failing to practice competently in that her frequent and public abusive conduct toward staff members affected patient well-being. Whittington v. Office of Prof'l Regulation, 195 Vt. 181, 87 A.3d 489 (2013).

When there were multiple instances in which a nursing home administrator interrupted nurses' medication passes, causing delay, this supported a conclusion that she had engaged in professional misconduct by failing to practice competently. Whittington v. Office of Prof'l Regulation, 195 Vt. 181, 87 A.3d 489 (2013).

When a nursing home administrator told a psychiatric nurse practitioner to diagnose a violent and agitated resident with bipolar disorder so that the resident would be moved to a psychiatric facility, this supported a conclusion that she engaged in unprofessional conduct by performing services beyond her education and training. Whittington v. Office of Prof'l Regulation, 195 Vt. 181, 87 A.3d 489 (2013).

Nursing home administrator's telling a patient that he did not need doctor-recommended care exceeded the scope of her training and qualifications, and supported the conclusion that she had engaged in unprofessional conduct by performing services beyond her education and training. Whittington v. Office of Prof'l Regulation, 195 Vt. 181, 87 A.3d 489 (2013).

Evidence that a nursing home administrator interfered with an ombudsman supported a conclusion that she had engaged in professional misconduct by failing to practice competently. Whittington v. Office of Prof'l Regulation, 195 Vt. 181, 87 A.3d 489 (2013).

Evidence that a nursing home administrator forced a dying patient on "comfort care" to change clothing against the patient's wishes and had a resident placed in a chair when the resident wished to remain in bed supported a conclusion that she had engaged in professional misconduct by failing to practice competently. Whittington v. Office of Prof'l Regulation, 195 Vt. 181, 87 A.3d 489 (2013).

Where the record not only substantially supported, but virtually compelled, the conclusion that midwife repeatedly engaged in unprofessional conduct and provided substandard care to her patients, and there was ample credible support in the record for the administrative law officer's (ALO's) further conclusion that her approach to the accusations itself raised doubts about her future ability to comply with the midwifery rules, the reach of which she has consistently sought to escape through hypertechnical constructions at odds with the rules' protective purposes, the revocation of midwife's license was an appropriate exercise of the ALO's discretion. Devers-Scott v. Office of Professional Regulation, 181 Vt. 248, 918 A.2d 230 (January 12, 2007).

4. Appeal by Office of Professional Regulation.

Attorney for the Office of Professional Regulation (OPR) within the office of the Vermont Secretary of State had the power to appeal from a Board of Nursing decision vacating an earlier consent order suspending appellee from practice, as the State was entitled to appeal from an adverse ruling and the legislature intended that OPR attorneys act for the State in filing and pursuing such appeals. Shaddy v. State Office of Prof'l Regulation, 197 Vt. 625, 112 A.3d 718 (2014).

Legislature intended in its 2003 enactments that Office of Professional Regulation (OPR) attorneys assume the role formerly played by the Attorney General and represent the State of Vermont in such proceedings to discharge the burden imposed by statute. The Vermont Supreme Court construes the statutes in Title 3, Chapter 5, Subchapter 3, with respect to professional regulation and OPR, to embody this power; thus, OPR attorneys represent the State of Vermont and may exercise the State's power to appeal from an adverse decision of a board. Shaddy v. State Office of Prof'l Regulation, 197 Vt. 625, 112 A.3d 718 (2014).

Cited. Office of Professional Regulation v. McElroy, 175 Vt. 507, 824 A.2d 567 (mem.) (2003).

§ 129b. Board member and advisor appointments.

  1. Notwithstanding any provision of law to the contrary relating to terms of office and appointments for members of boards attached to the Office of Professional Regulation, all board members appointed by the Governor shall be appointed for staggered five-year terms and shall serve at the pleasure of the Governor. Appointments under this section shall not be subject to the advice and consent of the Senate. The Governor may remove any member of a board as provided in section 2004 of this title. Vacancies created other than by expiration of a term shall be filled in the same manner that the initial appointment was made for the unexpired portion of the term. Terms shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term. The Governor may request nominations from any source but shall not be bound to select board members from among the persons nominated. As provided in section 2004 of this title, board members shall hold office and serve until a successor has been appointed.
  2. Board members shall not serve more than two consecutive terms. Members appointed to fill a vacancy created before the end of a term shall not be deemed to have served a term for purposes of this section.
  3. Boards shall meet annually, in September or the first meeting scheduled thereafter, to elect a chair, vice chair, and secretary.
  4. Meetings may be called by the chair or shall be called upon the request of any other two board members.
  5. Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5, the Open Meeting Law.
  6. Notwithstanding any provisions of law to the contrary, board members and advisors for all professions attached to the Office of Professional Regulation shall be entitled to compensation, at a rate provided in 32 V.S.A. § 1010 , for performance of official duties and other duties directly related to the efficient conduct of necessary business of a board or the Office.
  7. For advisor professions:
    1. Advisors shall be appointed by the Secretary of State and shall serve at the pleasure of the Secretary of State. Advisor appointments shall be subject to the same conditions as those for board members under this section.
    2. The Office shall warn and conduct an open meeting including advisors, program staff, and interested members of the public:
      1. at least once per year for each profession with 500 or fewer active licensees; and
      2. at least twice per year for each profession with more than 500 active licensees.

        Added 1997, No. 40 , § 6; amended 1997, No. 145 (Adj. Sess.), §§ 3, 5; 2005, No. 27 , § 6; 2007, No. 29 , § 2; 2019, No. 30 , § 5.

History

Amendments--2019. Subsec. (g): Added the subdiv. (1) designation and subdiv. (2).

Amendments--2007. Inserted "board" preceding "members appointed by the governor" in the first sentence.

Subsection (g): Inserted "and shall serve at the pleasure of the secretary of state" at the end of the first sentence.

Amendments--2005. Inserted "and advisor" in the section catchline and added subsection (g).

Amendments--1997 (Adj. Sess.). Subsection (a): Substituted "five-year terms" for "four-year terms" in the first sentence and "January 1" for "July 1" and "December 31" for "June 30" in the fifth sentence.

Subsection (f): Added.

§ 130. Repealed. 1989, No. 250 (Adj. Sess.), § 91(a).

History

Former § 130. Former § 130, relating to appeals from board decisions, was derived from 1989, No. 250 (Adj. Sess.), § 1.

§ 130a. Appeals.

    1. A party aggrieved by a final decision of a board or administrative law officer may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the Director who shall assign the case to an appellate officer. (a) (1)  A party aggrieved by a final decision of a board or administrative law officer may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the Director who shall assign the case to an appellate officer.
      1. The review shall be conducted on the basis of the record created before the board or administrative law officer. (2) (A) The review shall be conducted on the basis of the record created before the board or administrative law officer.
      2. In cases of alleged irregularities in procedure before the board or administrative law officer, not shown in the record, proof on that issue may be taken by the appellate officer.
  1. The appellate officer shall not substitute his or her judgment for that of the board or administrative law officer as to the weight of the evidence on questions of fact. The appellate officer may affirm the decision, or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the board's or administrative law officer's finding, inferences, conclusions, or decisions are:
    1. in violation of constitutional or statutory provisions;
    2. in excess of the statutory authority of the board or administrative law officer;
    3. made upon unlawful procedure;
    4. affected by other error of law;
    5. clearly erroneous in view of the evidence on the record as a whole;
    6. arbitrary or capricious; or
    7. characterized by abuse of discretion or clearly unwarranted exercise of discretion.
  2. A party aggrieved by a decision of the appellate officer may appeal to the Supreme Court, which shall review the matter on the basis of the records created before the board or administrative law officer and the appellate officer.

    Added 1993, No. 108 (Adj. Sess.), § 23, eff. Feb. 16, 1994; amended 2015, No. 167 (Adj. Sess.), § 5; 2017, No. 48 , § 5.

History

Amendments--2017. Section amended generally.

Amendments--2015 (Adj. Sess.). Subsec. (c): Substituted "Supreme Court" for "Superior Court in Washington County".

Repeal of repeal date. Pursuant to 1993, No. 108 (Adj. Sess.), § 29, this section was to repeal on July 1, 1998. However, pursuant to 1995, No. 188 (Adj. Sess.), § 2, the sunset of this section was repealed.

Effective date and applicability of 2015 (Adj. Sess.) amendment. 2015, No. 167 (Adj. Sess.), § 9(b) provides: "Secs. 5 [which amended this section] and 6 [which amended 19 V.S.A. § 5] shall take effect on July 1, 2016 and shall apply to appeals filed on or after that date."

Cross References

Cross references. Appeals to Superior Court from decisions of governmental agencies, see V.R.C.P. 74.

ANNOTATIONS

Analysis

1. Standing .

There was no merit to a dentist's argument that the State was not a party which could appeal a trial court's ruling that vacated a decision of the Board of Dental Examiners. The State, as the prosecuting agency, was plainly a party to the proceedings and as such would have been entitled to pursue an administrative appeal and an appeal to the superior court, and was further entitled to appeal from an adverse ruling by the trial court to the Supreme Court of Vermont. In re Lakatos, 182 Vt. 487, 939 A.2d 510 (Oct. 19, 2007).

2. Appeal by Office of Professional Regulation.

Attorney for the Office of Professional Regulation (OPR) within the office of the Vermont Secretary of State had the power to appeal from a Board of Nursing decision vacating an earlier consent order suspending appellee from practice, as the State was entitled to appeal from an adverse ruling and the legislature intended that OPR attorneys act for the State in filing and pursuing such appeals. Shaddy v. State Office of Prof'l Regulation, 197 Vt. 625, 112 A.3d 718 (2014).

Legislature intended in its 2003 enactments that Office of Professional Regulation (OPR) attorneys assume the role formerly played by the Attorney General and represent the State of Vermont in such proceedings to discharge the burden imposed by statute. The Vermont Supreme Court construes the statutes in Title 3, Chapter 5, Subchapter 3, with respect to professional regulation and OPR, to embody this power; thus, OPR attorneys represent the State of Vermont and may exercise the State's power to appeal from an adverse decision of a board. Shaddy v. State Office of Prof'l Regulation, 197 Vt. 625, 112 A.3d 718 (2014).

3. Particular cases.

Specification of charges against respondent engineer did not violate due process or statute when it provided respondent sufficient factual background to put him on notice that he was alleged to have committed unprofessional conduct during a particular inspection and when respondent was questioned extensively about his report during the hearing. In re Bombardier, 206 Vt. 450, 182 A.3d 1165 (2018).

§ 131. Accessibility and confidentiality of disciplinary matters.

  1. It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints against them, and to fulfill the public's right to know of any action taken against a licensee when that action is based on a determination of unprofessional conduct.
  2. All meetings and hearings of boards shall be subject to the Open Meeting Law.
  3. The Secretary of State, through the Office of Professional Regulation, shall prepare and maintain a register of all complaints, which shall be a public record and which shall show:
    1. with respect to all complaints, the following information:
      1. the date and the nature of the complaint, but not including the identity of the licensee; and
      2. a summary of the completed investigation; and
    2. only with respect to complaints resulting in filing of disciplinary charges or stipulations or the taking of disciplinary action, the following additional information:
      1. the name and business addresses of the licensee and complainant;
      2. formal charges, provided that they have been served or a reasonable effort to serve them has been made, and all subsequent pleadings filed by the parties;
      3. the findings, conclusions, rulings, and orders of the board or administrative law officer;
      4. the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;
      5. stipulations filed with the board or administrative law officer; and
      6. final disposition of the matter by the appellate officer or the courts.
  4. Neither the Secretary nor the Office shall make public any other information regarding unprofessional conduct complaints, investigations, proceedings, and related records except the information required to be released under this section.
  5. The discovery rules for conduct complaints shall apply to and govern the provision of investigatory files to those charged with unprofessional conduct.
  6. As used in this section, "disciplinary action" means an action based on a finding of unprofessional conduct that suspends, revokes, limits, or conditions a license in any way, including administrative penalties, warnings, and reprimands.
  7. Nothing in this section shall prohibit the disclosure of any information regarding unprofessional conduct complaints, or investigations thereof, in response to an order from a court of competent jurisdiction, or to State or federal law enforcement or regulatory agencies, provided the receiving agency or department:
    1. agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section; and
    2. has jurisdiction over the subject matter in question.

      Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40 , § 8; 1999, No. 52 , § 3; 2001, No. 151 (Adj. Sess.), § 3, eff. June 27, 2002; 2003, No. 60 , § 3; 2005, No. 174 (Adj. Sess.), § 1; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2015, No. 38 , § 4, eff. May 28, 2015; 2017, No. 48 , § 6.

History

Amendments--2017. Subdiv. (c)(2)(B): Inserted ", and all subsequent pleadings filed by the parties" following "made"

Subdiv. (c)(2)(C): Inserted "rulings" following "conclusions,"; substituted "orders" for "order"; and inserted "or administrative law officer" following "board".

Subdiv. (c)(2)(E): Inserted "or administrative law officer" following "board".

Subsec. (g): Amended generally.

Amendments--2015. Amended section generally.

Amendments--2011 (Adj. Sess.). Subsection (g): Substituted "department of financial regulation" for "department of banking, insurance, securities, and health care administration".

Amendments--2005 (Adj. Sess.). Subsection (g): Substituted "department of disabilities, aging, and independent living" for "department of aging and disabilities".

Amendments--2003. Rewrote subsec. (g).

Amendments--2001 (Adj. Sess.) Inserted "warnings and" preceding "reprimands" at the end of subsec. (f), and added subsec. (g).

Amendments--1999. Inserted "secretary of state, through the" preceding "office of professional regulation" in the introductory paragraph of subsec. (c); in subdiv. (c)(2) added "or stipulations" following "charges"; substituted "filed with" for "approved by" in subdiv. (c)(2)(E); and in subsec. (d) substituted "Neither the secretary nor the" for "The" and deleted "not" following "shall".

Amendments--1997. Subdivision (c)(2): Inserted "or the taking of disciplinary action" preceding "the following" in the introductory paragraph and rewrote subdiv. (B).

ANNOTATIONS

1. Access records.

Because at the time petitioner requested the records filed by a psychologist to defend against petitioner's disciplinary complaint, disciplinary charges had not been filed against the psychologist, the Office of Professional Regulation (OPR) was prohibited from releasing the records to petitioner, who was merely a member of the public. Only if OPR had filed disciplinary charges would petitioner have a right to access the records, and even then not pursuant to his status as the complainant, but through his status as a member of the public. Wool v. Office of Prof'l Regulation, - Vt. - , 236 A.3d 1250 (June 12, 2020).

Statutory revision. 2011, No. 78 (Adj. Sess.), § 2 provides: "The legislative council, in its statutory revision authority under 2 V.S.A. § 424, is directed to replace the term 'commissioner of banking, insurance, securities, and health care administration' in the Vermont Statutes Annotated wherever it appears with the term 'commissioner of financial regulation'; and to replace the term 'department of banking, insurance, securities, and health care administration' wherever it appears with the term 'department of financial regulation.'"

§ 132. Board quorums.

Except as otherwise provided by law, a majority of the members of a board constitutes a quorum for transacting business, and all action shall be taken upon a majority vote of board members present and voting.

Added 2005, No. 27 , § 8.

§ 133. Business registration.

When professional services are required by law to be performed in or by a business entity registered with the Office, the business entity shall:

  1. register with the Corporations Division of the Office of the Secretary of State, if required by law; and
  2. separately register with the Office each name under which the business entity will conduct business, register licensees, and advertise in Vermont.

    Added 2015, No. 38 , § 5, eff. May 28, 2015.

§ 134. License renewal.

  1. A license expires if not renewed biennially on a schedule assigned by the Office, or in the case of a provisional or temporary license, on the date assigned by the Office.
  2. Practice with an expired license is unlawful and exposes a practitioner to the penalties set forth in section 127 of this chapter.

    Added 2017, No. 144 (Adj. Sess.), § 7.

§ 135. Uniform standard for renewal following extended absence.

  1. Notwithstanding any provision of law to the contrary, when an applicant seeks to renew an expired or lapsed license after fewer than five years of absence from practice, readiness to practice shall be inferred from completion of any continuing education that would have been required if the applicant had maintained continuous licensure, or by any less burdensome showing set forth in administrative rules specific to the profession or permitted by the Director.
  2. When an applicant seeks to renew an expired or lapsed license after five or more years of absence from practice, the Director may, notwithstanding any provision of law to the contrary and as appropriate to ensure the continued competence of the applicant, determine that the applicant has either:
    1. demonstrated retention of required professional competencies and may obtain an unencumbered license; or
    2. not demonstrated retention of all required professional competencies and should be reexamined or required to reapply in like manner to a new applicant.
  3. The Director may consult with a relevant board or advisor appointees for guidance in assessing continued competence under this section.

    Added 2017, No. 144 (Adj. Sess.), § 8; amended 2019, No. 30 , § 6.

History

Amendments--2019. Subsec. (a): Added "or permitted by the Director" at the end.

§ 136. Uniform continuing education evaluation. Section 136 effective until April 1, 2021; see also section 136 effective April 1, 2021 set out below.

If continuing education is required by law or rule, the Office shall apply uniform standards and processes that apply to all professions regulated by the Office for the assessment and approval or rejection of continuing education offerings, informed by profession-specific policies developed in consultation with relevant boards and advisor appointees.

Added 2017, No. 144 (Adj. Sess.), § 9.

§ 136. Uniform continuing education evaluation; sunset review. Section 136 effective April 1, 2021; see also section 136 effective until April 1, 2021 set out above.

  1. If continuing education is required by law or rule, the Office shall apply uniform standards and processes that apply to all professions regulated by the Office for the assessment and approval or rejection of continuing education offerings, informed by profession-specific policies developed in consultation with relevant boards and advisor appointees.
    1. Not less than once every five years, each profession attached to the Office shall review its continuing education or other continuing competency requirements. The review results shall be in writing and address the following: (b) (1)  Not less than once every five years, each profession attached to the Office shall review its continuing education or other continuing competency requirements. The review results shall be in writing and address the following:
      1. the renewal requirements of the profession;
      2. the renewal requirements in other jurisdictions, particularly in the Northeast region;
      3. the cost of the renewal requirements for the profession's licensees;
      4. an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and
      5. recommendations to the Director on whether the continuing education or other continuing competency requirements should be modified.
    2. The Director shall respond to the profession within 45 days of its submitted review results. The Director may require a profession to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule.

      Added 2017, No. 144 (Adj. Sess.), § 9; amended 2019, No. 152 (Adj. Sess.), § 3, eff. April 1, 2021.

History

Amendments--2019 (Adj. Sess.). Added "; sunset review" at end of section heading, designated existing provisions as subsec. (a), and added subsec. (b).

§ 136a. Uniform process for endorsement from other states. Section 136a effective April 1, 2021.

  1. Except as provided in subsection (b) of this section, all professions attached to the Office shall have an endorsement process that requires not more than three years of practice in good standing in another jurisdiction within the United States, regardless of whether that jurisdiction has licensing requirements substantially similar to those of this State.
  2. Any profession determining that three years of demonstrated practice in another jurisdiction is not adequately protective of the public shall provide its rationale to the Director, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement.
  3. The Director may issue to an endorsement applicant a waiver of the profession's practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.

    Added 2019, No. 152 (Adj. Sess.), § 4, eff. April 1, 2021.

§ 137. Uniform process for foreign credential verification.

  1. The Director shall adopt rules that prescribe a process for the Director to assess the equivalence of an applicant's professional credentials earned outside the United States as compared to State licensing requirements for those professions attached to the Office that do not have laws addressing the verification and recognition of such credentials.
  2. Any determination of equivalence by the Director under this section shall be recorded in the applicant's licensing file and shall be binding upon the relevant State board or regulatory program.
  3. In administering this section, the Director may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.
  4. The provisions relating to preliminary license denials set forth in subsection 129(e) of this subchapter shall apply to a license application that is preliminarily denied for nonequivalence under this section.

    Added 2019, No. 10 , § 1, eff. April 30, 2019.

§ 138. Required education for specified licensees; State energy goals. Section 138 effective July 1, 2021.

  1. The following licensees are required to complete the education module regarding the State's energy goals as described in this section:
    1. architects licensed under 26 V.S.A. chapter 3;
    2. landscape architects licensed under 26 V.S.A. chapter 46;
    3. pollution abatement facility operators licensed under 26 V.S.A. chapter 99;
    4. potable water supply and wastewater system designers licensed under 26 V.S.A. chapter 97;
    5. professional engineers licensed under 26 V.S.A. chapter 20;
    6. property inspectors licensed under 26 V.S.A. chapter 19;
    7. real estate appraisers licensed under 26 V.S.A. chapter 69; and
    8. real estate brokers and salespersons licensed under 26 V.S.A. chapter 41.
  2. The Office shall require each of the licensees described in subsection (a) of this section to complete an education module regarding the State's energy goals and how each licensee's specific profession can further those goals.
    1. The education module shall be not more than two hours and shall be required as a condition of initial licensure and each license renewal. The module shall include education on any State or utility incentives relevant to the profession.
      1. The education module for initial licensure shall provide general information regarding the State's energy goals.
      2. The education module for license renewal shall provide any updates on the State's energy goals and any updates regarding corresponding State energy programs applicable to the profession.
    2. The Office shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service for all the licensees set forth in subsection (a) of this section and in consultation with the Department of Taxes for real estate appraisers and real estate brokers and sales persons.

      Added 2019, No. 178 (Adj. Sess.), § 33, eff. July 1, 2021.

History

Effective date of enactment - 2019 (Adj. Sess.). 2019, No. 178 (Adj. Sess.), § 38(3) provides that § 33 of the act, which enacted this section, shall take effect on July 1, 2021, except that all existing licensed, certified, or authorized professionals to whom these provisions apply shall be required to obtain the education module for initial licensure as a condition of their upcoming renewal and shall thereafter be required to obtain the education module for renewal at the subsequent renewal cycle.

CHAPTER 7. ATTORNEY GENERAL

Sec.

§ 151. Election and term.

An Attorney General shall be elected at the same time and in the same manner as provided for the election of other State officers. He or she shall be sworn to the faithful discharge of his or her duties. His or her term of office shall commence when his or her election is declared by the committee appointed by the Senate and House of Representatives to canvass the votes, agreeably with 17 V.S.A. § 2592 , or when elected by the General Assembly pursuant to said section, and continue for a term of two years.

History

Source. 1953, No. 26 , § 1. V.S. 1947, § 453. P.L. § 409. G.L. § 382. 1917, No. 254 , § 386. 1915, No. 16 , § 1. P.S. § 299. 1904, No. 57 , §§ 1, 2.

§ 152. Scope of authority.

The Attorney General may represent the State in all civil and criminal matters as at common law and as allowed by statute. The Attorney General shall also have the same authority throughout the State as a State's Attorney. The Attorney General shall represent members of the General Assembly in all civil matters arising from or relating to the performance of legislative duties.

Amended 1969, No. 266 (Adj. Sess.), § 1, eff. April 8, 1970; 2018, No. 11 (Sp. Sess.), § E.200.2.

History

Source. V.S. 1947, § 463. P.L. § 419. G.L. § 392. P.S. § 305. 1904, No. 57 , § 7.

Amendments--2018 (Sp. Sess.). Added the third sentence.

Amendments--1969 (Adj. Sess.). Amended section generally.

ANNOTATIONS

Analysis

1. Generally.

Statute authorizing Attorney General to represent State encompasses state agencies, departments, and instrumentalities. McLaughlin v. State, 161 Vt. 492, 642 A.2d 683 (1994).

A primary power and responsibility of the Attorney General is to represent the State in all civil and criminal matters as at common law and as allowed by statute. McLaughlin v. State, 161 Vt. 492, 642 A.2d 683 (1994).

2. Concurrent authority.

Attorney general, whose authority is statutorily coextensive with state's attorneys, has authority to apply for and conduct an inquest. State v. Wheel, 155 Vt. 587, 587 A.2d 933 (1990), cert. denied, 514 U.S. 1066, 115 S. Ct. 1697, 131 L. Ed. 560 (1995).

Section 361(a) of Title 24, providing that the state's attorneys shall prosecute offenses in behalf of the state, this section, and section 153(a) of this title, providing that the attorney general has supervisory powers over criminal prosecutions and advisory powers with respect to state's attorneys in matters relating to that office, give the two offices at least equal authority to initiate criminal prosecutions. Office of State's Attorney v. Office of Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

Where a state's attorney decides not to initiate a criminal prosecution, the sovereign power of the state to punish for crimes has not been set in motion in the first instance by an agency of the state authorized to do so, and an equal prosecutorial authority, such as the attorney general, may initiate a criminal prosecution. Office of State's Attorney v. Office of Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

Where attorney general initiated prosecution for driving while intoxicated after state's attorney had declined to do so, the state's attorney had not preempted the field and the attorney general did not supersede, displace, or interfere with the state's attorney's decision, as attorney general was validly exercising his equal prosecutorial authority. Office of State's Attorney v. Office of Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

Cited. State v. Ovitt, 126 Vt. 320, 229 A.2d 237 (1967); Berard v. Moeykens, 132 Vt. 597, 326 A.2d 166 (1974).

§ 153. General powers; deputy, assistants.

  1. The Attorney General shall have the general supervision of criminal prosecutions, shall consult with and advise the State's Attorneys in matters relating to the duties of their office, and shall assist them by attending the grand jury in the examination of any cause or in the preparation of indictments and informations when, in his or her judgment, the interests of the State require it.
  2. The Attorney General may appoint a Deputy Attorney General with the approval of the Governor, remove him or her at pleasure, and be responsible for his or her acts.  Such deputy shall perform such duties as the Attorney General shall direct, and in the absence or disability of the Attorney General perform the duties of the Attorney General.  In case a vacancy occurs in the Office of Attorney General, such deputy shall assume and discharge the duties of such office until such vacancy is filled.  Such appointment shall be in writing and be recorded in the Office of the Secretary of State.  Such Deputy Attorney General shall take the oath required by the constitution, shall be an informing officer and have the same authority throughout the State in civil or criminal matters as State's Attorneys have in their respective counties.
  3. The Attorney General may appoint such Assistant Attorneys General and Special Assistant Attorneys General as may be necessary for the proper and efficient performance of his or her department, and with the approval of the Governor, fix their pay, remove them at pleasure and be responsible for their acts.  They shall have the same obligations, power and authority as the Deputy Attorney General except those relating to the absence or disability of the Attorney General and vacancy in the Office of Attorney General.  Their appointments and the revocation thereof shall be in writing and recorded in the Office of the Secretary of State.  All Assistant Attorneys General and Special Assistant Attorneys General shall be attorneys at law.

    Amended 1965, No. 44 , § 1, eff. May 5, 1965; 1965, No. 125 , § 15, eff. July 2, 1965; 1979, No. 59 , § 13.

History

Source. 1953, No. 251 , § 12. V.S. 1947, § 455. P.L. § 411. G.L. § 384. P.S. § 301. 1904, No. 57 , § 4.

Amendments--1979. Subsection (c): Deleted "not to exceed that of the attorney general or deputy attorney general, whichever is the lesser" following "pay" in the first sentence and added the last sentence.

Amendments--1965. Subsection (b): Act No. 44 deleted "and fix his pay, both" preceding "with the approval" in the first sentence.

Act No. 125 purported to amend subsec. (b), but the change had already been made by Act No. 44.

Subsection (c): Added by Act No. 44.

Applicability--1979. 1979, No. 59 , § 32(1), eff. July 1, 1979, provided, in part: "Sec. 13 amending 3 V.S.A. § 153(c) [subsec. (c) of this section] shall not be construed to affect any assistant attorney general or special assistant attorney general employed in the office of the attorney general on March 1, 1979".

ANNOTATIONS

Analysis

1. Scope of authority.

The attorney general does not possess authority to adjudicate legal rights. Gould v. Parker, 114 Vt. 186, 42 A.2d 416 (1945).

2. Concurrent authority.

Section 361(a) of Title 24, providing that the state's attorneys shall prosecute offenses in behalf of the state, section 152 of this title, authorizing the attorney general to represent the state in criminal matters and providing that he shall have the same authority throughout the state as a state's attorney, and this section give the two offices at least equal authority to initiate criminal prosecutions. Office of State's Attorney v. Office of Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

Where a state's attorney decides not to initiate a criminal prosecution, the sovereign power of the state to punish for crimes has not been set in motion in the first instance by an agency of the state authorized to do so, and an equal prosecutorial authority, such as the attorney general, may initiate a criminal prosecution. Office of State's Attorney v. Office of Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

Where attorney general initiated prosecution for driving while intoxicated after state's attorney had declined to do so, the state's attorney had not preempted the field and the attorney general did not supersede, displace, or interfere with the state's attorney's decision, as the attorney general was validly exercising his equal prosecutorial authority. Office of State's Attorney v. Office of Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

Cited. State v. Ovitt, 126 Vt. 320, 229 A.2d 237 (1967); In re Dusablon, 126 Vt. 362, 230 A.2d 797 (1967); Woodmansee v. Franklin County Court, 129 Vt. 132, 274 A.2d 472 (1971); Berard v. Moeykens, 132 Vt. 597, 326 A.2d 166 (1974).

§ 154. Assistance.

In the investigation and preparation for presentation to, or trial before, any court or tribunal of any cause or matter in which the State is a party or is interested, the Attorney General may employ such persons as in the Attorney General's judgment the public good requires, to search out, procure, and prepare evidence, and the Commissioner of Finance and Management shall issue warrants therefor. An investigator who has successfully completed a course of training under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment.

Amended 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 297 (Adj. Sess.), § 3.

History

Source. V.S. 1947, § 456. P.L. § 412. G.L. § 385. 1917, No. 254 , § 389. 1910, No. 475 .

Amendments--1989 (Adj. Sess.). Substituted "the attorney general's" for "his" preceding "judgment" and "commissioner of finance and management" for "commissioner of finance and information support" preceding "warrants" and deleted "his" thereafter in the first sentence, and added the second sentence.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance".

ANNOTATIONS

1. Employment of surveyor.

This section gives attorney general right to employ a surveyor to make a survey and plan of the locus in homicide and other criminal cases when he thinks that the public good so requires. 1926-28 Op. Atty. Gen. 21.

§ 155. Legal assistant.

  1. The Attorney General may appoint a legal assistant, such appointment to be made pursuant to the laws regarding personnel classification, selection and compensation.
  2. The appointment of a legal assistant shall be in addition to other appointments which the Attorney General is authorized to make.

History

Source. 1957, No. 246 , §§ 1, 3.

§ 156. Duties.

Such legal assistant shall perform such duties as the Attorney General directs and may appear in the trial or hearing of any civil or criminal cause in any court of the State on behalf of the Attorney General. Before assuming his or her duties, such legal assistant shall take and subscribe to the oath prescribed by the Constitution.

History

Source. 1957, No. 246 , § 2.

§ 157. Appearance for State.

The Attorney General shall appear for the State in the preparation and trial of all prosecutions for homicide and civil or criminal causes in which the State is a party or is interested when, in his or her judgment, the interests of the State so require. The Attorney General shall represent members of the General Assembly in all civil causes arising from or relating to the performance of legislative duties.

Amended 2018, No. 11 (Sp. Sess.), § E.200.3.

History

Source. V.S. 1947, § 454. P.L. § 410. G.L. § 383. P.S. § 300. 1904, No. 57 , § 3.

Amendments--2018 (Sp. Sess.). Added the second sentence.

ANNOTATIONS

1. Generally.

Statutes authorizing Attorney General to represent State encompasses state agencies, departments, and instrumentalities. McLaughlin v. State, 161 Vt. 492, 642 A.2d 683 (1994).

Cited. Berard v. Moeykens, 132 Vt. 597, 326 A.2d 166 (1974).

§ 158. Attendance at sessions of General Assembly.

When required by either branch of the General Assembly, the Attorney General shall attend its sessions and advise and assist in the preparation of legislative business and documents.

History

Source. V.S. 1947, § 460. P.L. § 416. G.L. § 389. P.S. § 302. 1904, No. 57 , § 5.

ANNOTATIONS

Cited. , 1962-64 Op. Atty. Gen. 213.

§ 159. Opinions; State matters and actions.

The Attorney General shall advise the elective and appointive State officers on questions of law relating to their official duties and shall furnish a written opinion on such matters, when so requested. He or she shall have general supervision of matters and actions in favor of the State and of those instituted by or against State officers wherein interests of the State are involved and may settle such matters and actions as the interests of the State require.

Amended 1967, No. 9 , eff. Feb. 23, 1967.

History

Source. V.S. 1947, § 461. P.L. § 417. G.L. § 390. P.S. § 303. R. 1906, § 273. 1904, No. 57 , § 6.

Amendments--1967. Deleted "with the approval of the auditor of accounts" preceding "may settle" in the second sentence.

Cross References

Cross references. Claims against state employees, see § 1101 et seq. of this title.

ANNOTATIONS

Analysis

1. Advisory opinions.

Opinions of the attorney general are merely advisory opinions for the benefit of state officers, and they have no binding effect in the supreme court. Okemo Mountain, Inc. v. Town of Ludlow, 171 Vt. 201, 762 A.2d 1219 (2000).

The attorney general's office will not render legal advice on political questions to candidates for public office. 1970-72 Op. Atty. Gen. 338.

2. Settlements.

The phrase "and may settle such matters and actions as the interests of the state require" are intended to give the attorney general power to settle any action in which the state is a party. 1970-72 Op. Atty. Gen. 274.

§ 160. State claims.

On receipt of notice thereof from the Commissioner of Finance and Management, the Attorney General shall forthwith notify State's Attorneys of any claim of the State which should be prosecuted in their counties. Subject to the direction of the Attorney General, such State's Attorneys shall prosecute the same and be liable on their official bonds for neglect in respect thereto. The State's Attorneys shall report to the Attorney General, as often as may be required by him or her, such facts concerning such actions as will enable him or her to keep a record thereof and of the proceedings therein.

Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1983, No. 195 (Adj. Sess.), § 5(b).

History

Source. V.S. 1947, § 462. P.L. § 418. G.L. § 391. P.S. § 304. R. 1906, § 274.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" in the first sentence.

Amendments--1959 (Adj. Sess.). Substituted "finance director" for "auditor of accounts" following "thereof from the" in the first sentence.

§ 161. Repealed. 2009, No. 33, § 83(b)(1).

History

Former § 161. Former § 161, relating to report by the attorney general on activities for the year, was derived from V.S. 1947, § 464; P.L. § 420; G.L. § 393; P.S. § 306; 1906, No. 214 , § 16; 1904, No. 57 , § 8.

§ 162. Fees and services forbidden.

The Attorney General shall not receive any fee or reward from or in behalf of the prosecutor or for services in any prosecution or business to which it is his or her official duty to attend, nor shall he or she act as counsel or attorney for either party in a civil action depending upon the same facts involved in a criminal cause.

History

Source. V.S. 1947, § 465. P.L. § 431. G.L. § 394. P.S. § 307. 1904, No. 57 , § 9.

§ 163. Juvenile court diversion project.

  1. The Attorney General shall develop and administer a juvenile court diversion project for the purpose of assisting juveniles charged with delinquent acts. In consultation with the diversion programs, the Attorney General shall adopt a policies and procedures manual in compliance with this section.
  2. The diversion program administered by the Attorney General shall support the operation of diversion programs in local communities through grants of financial assistance to, or by contracting for services with, municipalities, private groups, or other local organizations. The Attorney General may require local financial contributions as a condition of receipt of project funding.
  3. All diversion projects receiving financial assistance from the Attorney General shall adhere to the following provisions:
    1. The diversion project shall only accept persons against whom charges have been filed and the court has found probable cause, but are not yet adjudicated.
    2. Alleged offenders shall be informed of their right to the advice and assistance of private counsel or the public defender at all stages of the diversion process, including the initial decision to participate, and the decision to accept the diversion contract, so that the candidate may give his or her informed consent.
    3. The participant shall be informed that his or her selection of the diversion contract is voluntary.
    4. Each State's Attorney, in cooperation with the Attorney General and the diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State's Attorney shall retain final discretion over the referral of each case for diversion. The provisions of 33 V.S.A. § 5225(c) and § 5280(e) shall apply.
    5. All information gathered in the course of the diversion process shall be held strictly confidential and shall not be released without the participant's prior consent (except that research and reports that do not require or establish the identity of individual participants are allowed).
    6. Information related to the present offense that is divulged during the diversion program shall not be used in the prosecutor's case.  However, the fact of participation and success, or reasons for failure may become part of the prosecutor's records.
    7. The diversion project shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff.
    8. Diversion projects shall be set up to respect the rights of participants.
    9. Each participant shall pay a fee to the local juvenile court diversion project. The amount of the fee shall be determined by project officers based upon the financial capabilities of the participant. The fee shall not exceed $150.00. The fee shall be a debt due from the participant, and payment of such shall be required for successful completion of the Program. Notwithstanding 32 V.S.A. § 502(a) , fees collected under this subdivision shall be retained and used solely for the purpose of the Court Diversion Program.
  4. The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5 .
    1. Within 30 days after the two-year anniversary of a successful completion of juvenile diversion, the court shall provide notice to all parties of record of the court's intention to order the expungement of all court files and records, law enforcement records other than entries in the juvenile court diversion program's centralized filing system, fingerprints, and photographs applicable to the proceeding. The court shall give the State's Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds: (e) (1)  Within 30 days after the two-year anniversary of a successful completion of juvenile diversion, the court shall provide notice to all parties of record of the court's intention to order the expungement of all court files and records, law enforcement records other than entries in the juvenile court diversion program's centralized filing system, fingerprints, and photographs applicable to the proceeding. The court shall give the State's Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:
      1. two years have elapsed since the successful completion of juvenile diversion by the participant and the dismissal of the case by the State's Attorney;
      2. the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction;
      3. rehabilitation of the participant has been attained to the satisfaction of the court; and
      4. the participant does not owe restitution related to the case under a contract executed with the Restitution Unit.
    2. The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State's Attorney's office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State's Attorney's office that prosecuted the case.
      1. The court shall keep a special index of cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement. (3) (A) The court shall keep a special index of cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement.
      2. The special index and related documents specified in subdivision (A) of this subdivision (3) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
      3. Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
      4. The Court Administrator shall establish policies for implementing this subsection (e).
  5. Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency or official named therein.
  6. The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have his or her records expunged. Expungement shall occur if the requirements of subsection (e) of this section are met.
  7. Subject to the approval of the Attorney General, the Vermont Association of Court Diversion Programs may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.
  8. Notwithstanding subdivision (c)(1) of this section, the diversion program may accept cases from the Youth Substance Awareness Safety Program pursuant to 7 V.S.A. § 656 or 18 V.S.A. § 4230b . The confidentiality provisions of this section shall become effective when a notice of violation is issued under 7 V.S.A. § 656 (b) or 18 V.S.A. § 4230b (b) and shall remain in effect unless the person fails to register with or complete the Youth Substance Awareness Safety Program.
  9. Notwithstanding subdivision (c)(1) of this section, the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225-5280 .

    Added 1981, No. 206 (Adj. Sess.), § 1; amended 1995, No. 47 , § 1, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 2; 2003, No. 157 (Adj. Sess.), § 11; 2005, No. 198 (Adj. Sess.), § 4, eff. Sept. 1, 2006; 2007, No. 153 (Adj. Sess.), § 28; 2009, No. 12 , § 1; 2009, No. 156 (Adj. Sess.), § E.201; 2018, No. 8 (Sp. Sess.), § 10, eff. June 28, 2018; 2019, No. 77 , § 1, eff. June 19, 2019; 2019, No. 167 (Adj. Sess.), § 1, eff. Oct. 7, 2020.

History

Amendments--2019 (Adj. Sess.). Subsec. (i): Substituted "Youth Substance Awareness Safety Program" for "Youth Substance Abuse Safety Program" twice.

Amendments--2019. Subdiv. (c)(4): Inserted "Attorney General and the" preceding "diversion" and substituted "program" for "project" thereafter in the first sentence, and added the second sentence.

Rewrote subsecs. (e) through (g).

Added subsec. (j).

Amendments--2018 (Sp. Sess.). Subsec. (a): Deleted "Rules which were adopted by the Vermont Commission on the Administration of Justice to implement the juvenile court diversion project shall be adapted by the Attorney General to the programs and projects established under this section." and added the last sentence.

Subsec. (b): Amended generally.

Subsec. (i): Added.

Amendments--2009 (Adj. Sess.) Subdivision (c)(9): Rewrote the last sentence.

Amendments--2009. Subdivision (c)(9): Substituted "and payment of such shall be required for successful completion of the program" for "but shall not be grounds for exclusion from participation in the program" following "participant".

Amendments--2007 (Adj. Sess.). Subdivision (c)(9): Substituted "$150.00" for "$50.00".

Amendments--2005 (Adj. Sess.). Subsection (e): Amended generally.

Amendments--2003 (Adj. Sess.). Subsection (e): Rewrote the subsection and added the subdivision designations.

Former subsection (f): Redesignated as subsection (h).

Subsections (f), (g): Added.

Amendments--1999 (Adj. Sess.). Subsections (e) and (f): Added.

Amendments--1995. Subdivision (c)(9): Added.

Prospective repeal of 2009 amendment 2009, No. 12 , § 4 as amended by 2009, No. 67 (Adj. Sess.), § 105 provides: "The amendments in Sec. 1 of this act (juvenile court diversion project) [which amended this section] and Sec. 2 of this act (adult court diversion project) [which amended § 3/164] shall be repealed on July 1, 2011, at which time language shall return to its previous form."

Sunset of prospective repeal of 2009 amendment. 2009, No. 12 , § 4 as amended by 2009, No. 67 (Adj. Sess.), § 105 which provided for the sunset on the amendments requiring the payment of the fee as a condition to successfully complete the diversion program, effective on July 1, 2011 was repealed by 2011, No. 33 , § 13(3).

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

Windsor County Youth Court pilot project, see 12 V.S.A. § 7101 et seq.

§ 164. Adult court diversion program. Section 164 effective until July 1, 2021; see also section 164 effective July 1, 2021 set out below.

  1. The Attorney General shall develop and administer an adult court diversion program in all counties. In consultation with diversion programs, the Attorney General shall adopt a policies and procedures manual in compliance with this section.
  2. The program shall be designed for two purposes:
    1. To assist adults who have been charged with a first or a second misdemeanor or a first nonviolent felony.
    2. To assist persons who have been charged with an offense and who have substance abuse or mental health treatment needs regardless of the person's prior criminal history record, except a person charged with a felony offense that is a crime listed in 13 V.S.A. § 5301(7) shall not be eligible under this section. Persons who have attained 18 years of age who are subject to a petition in the Family Division pursuant to 33 V.S.A. chapters 52 or 52A shall also be eligible under this section. Programming for these persons is intended to support access to appropriate treatment or other resources with the aim of improving the person's health and reducing future adverse involvement in the justice system.
  3. The program shall support the operation of diversion programs in local communities through grants of financial assistance to, or contracts for services with, municipalities, private groups, or other local organizations. The Attorney General may require local financial contributions as a condition of receipt of program funding.
  4. The Office of the Attorney General shall develop program outcomes following the designated State of Vermont performance accountability framework and, in consultation with the Department of State's Attorneys and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services, and the Judiciary, report annually on or before December 1 to the General Assembly on services provided and outcome indicators. As a component of the report required by this subsection, the Attorney General shall include data on diversion program referrals in each county and possible causes of any geographical disparities.
  5. All adult court diversion programs receiving financial assistance from the Attorney General shall adhere to the following provisions:
    1. The diversion program shall accept only persons against whom charges have been filed and the court has found probable cause, but are not yet adjudicated. The prosecuting attorney may refer a person to diversion either before or after arraignment and shall notify in writing the diversion program and the court of his or her intention to refer the person to diversion. The matter shall become confidential when notice is provided to the court, except that for persons who are subject to conditions of release imposed pursuant to 13 V.S.A. § 7554 and who are referred to diversion pursuant to subdivision (b)(2) of this section, the matter shall become confidential upon the successful completion of diversion. If a person is charged with a qualifying crime as defined in 13 V.S.A. § 7601(4)(A) and the crime is a misdemeanor, the prosecutor shall provide the person with the opportunity to participate in the court diversion program unless the prosecutor states on the record at arraignment or a subsequent hearing why a referral to the program would not serve the ends of justice. If the prosecuting attorney refers a case to diversion, the prosecuting attorney may release information to the victim upon a showing of legitimate need and subject to an appropriate protective agreement defining the purpose for which the information is being released and in all other respects maintaining the confidentiality of the information; otherwise, files held by the court, the prosecuting attorney, and the law enforcement agency related to the charges shall be confidential and shall remain confidential unless:
      1. the diversion program declines to accept the case;
      2. the person declines to participate in diversion;
      3. the diversion program accepts the case, but the person does not successfully complete diversion; or
      4. the prosecuting attorney recalls the referral to diversion.
    2. Alleged offenders shall be informed of their right to the advice and assistance of private counsel or the public defender at all stages of the diversion process, including the initial decision to participate, and the decision to accept the adult diversion contract, so that the candidate may give informed consent.
    3. The participant shall be informed that his or her selection of the adult diversion contract is voluntary.
    4. Each State's Attorney, in cooperation with the Office of the Attorney General and the adult court diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State's Attorney shall retain final discretion over the referral of each case for diversion.
    5. All information gathered in the course of the adult diversion process shall be held strictly confidential and shall not be released without the participant's prior consent (except that research and reports that do not establish the identity of individual participants are allowed).
    6. Information related to the present offense that is divulged during the adult diversion program shall not be used against the person in the person's criminal or juvenile case for any purpose, including impeachment or cross-examination. However, the fact of participation and success, or reasons for failure, may become part of the prosecutor's records.
      1. Irrespective of whether a record was expunged, the adult court diversion program shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff. These records shall include a centralized statewide filing system that will include the following information about individuals who have successfully completed an adult court diversion program: (7) (A) Irrespective of whether a record was expunged, the adult court diversion program shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff. These records shall include a centralized statewide filing system that will include the following information about individuals who have successfully completed an adult court diversion program:
        1. name and date of birth;
        2. offense charged and date of offense;
        3. place of residence;
        4. county where diversion process took place; and
        5. date of completion of diversion process.
      2. These records shall not be available to anyone other than the participant and his or her attorney, State's Attorneys, the Attorney General, and directors of adult court diversion programs.
      3. Notwithstanding subdivision (B) of this subdivision (e)(7), the Attorney General shall, upon request, provide to a participant or his or her attorney sufficient documentation to show that the participant successfully completed diversion.
    7. Adult court diversion programs shall be set up to respect the rights of participants.
    8. Each participant shall pay a fee to the local adult court diversion program. The amount of the fee shall be determined by program officers or employees based upon the financial capabilities of the participant. The fee shall not exceed $300.00. The fee shall be a debt due from the participant, and payment of such shall be required for successful completion of the program. Notwithstanding 32 V.S.A. § 502(a) , fees collected under this subdivision shall be retained and used solely for the purpose of the court diversion program.
  6. The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5 .
    1. Within 30 days after the two-year anniversary of a successful completion of adult diversion, the court shall provide notice to all parties of record of the court's intention to order the expungement of all court files and records, law enforcement records other than entries in the adult court diversion program's centralized filing system, fingerprints, and photographs applicable to the proceeding. The court shall give the State's Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds: (g) (1)  Within 30 days after the two-year anniversary of a successful completion of adult diversion, the court shall provide notice to all parties of record of the court's intention to order the expungement of all court files and records, law enforcement records other than entries in the adult court diversion program's centralized filing system, fingerprints, and photographs applicable to the proceeding. The court shall give the State's Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:
    2. The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State's Attorney's office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State's Attorney's office that prosecuted the case.
      1. The court shall keep a special index of cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement. (3) (A) The court shall keep a special index of cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement.
      2. The special index and related documents specified in subdivision (A) of this subdivision (3) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
      3. Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
      4. The Court Administrator shall establish policies for implementing this subsection (g).

    two years have elapsed since the successful completion of the adult diversion program by the participant and the dismissal of the case by the State's Attorney;

    (B) the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction;

    (C) rehabilitation of the participant has been attained to the satisfaction of the court; and

    (D) the participant does not owe restitution related to the case under a contract executed with the Restitution Unit.

  7. Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency or official named therein.
  8. [Repealed.]
  9. The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have his or her records expunged. Expungement shall occur if the requirements of subsection (g) of this section are met.
  10. The Attorney General, in consultation with the Vermont Association of Court Diversion Programs, may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.
  11. Notwithstanding subdivision (e)(1) of this section, the diversion program may accept cases from the Youth Substance Awareness Safety Program pursuant to 7 V.S.A. § 656 or 18 V.S.A. § 4230b . The confidentiality provisions of this section shall become effective when a notice of violation is issued under 7 V.S.A. § 656 (b) or 18 V.S.A. § 4230b (b) and shall remain in effect unless the person fails to register with or complete the Youth Substance Awareness Safety Program.
  12. Notwithstanding subdivision (e)(1) of this section, the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225 and 5280.

    Added 1981, No. 206 (Adj. Sess.), § 2; amended 1983, No. 217 (Adj. Sess.); 1983, No. 229 (Adj. Sess.), § 1; 1995, No. 47 , § 2, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 3; 2003, No. 157 (Adj. Sess.), § 12; 2009, No. 12 , § 2; 2009, No. 146 (Adj. Sess.), § D6; 2009, No. 156 (Adj. Sess.), § E.201.1; 2011, No. 56 , § 24; 2011, No. 145 (Adj. Sess.), § 1; 2017, No. 61 , § 2; 2018, No. 8 (Sp. Sess.), § 11, eff. June 28, 2018; 2019, No. 77 , § 2, eff. June 19, 2019; 2019, No. 124 (Adj. Sess.), § 1; 2019, No. 167 (Adj. Sess.), § 2, eff. Oct. 7, 2020.

History

Amendments--2019 (Adj. Sess.). Subdiv. (b)(2): Amended generally by Act No. 124.

Subsec. ( l ): Act No. 167 substituted "Youth Substance Awareness Safety Program" for "Youth Substance Abuse Safety Program" twice.

§ 164. Adult court diversion project. Section 164 effective July 1, 2021; see also section 164 effective until July 1, 2021 set out above.

  1. The Attorney General shall develop and administer an adult court diversion project in all counties.  The project shall be operated through the juvenile diversion project and shall be designed to assist adults who have been charged with a first or second misdemeanor or a first nonviolent felony.  The Attorney General shall adopt only such rules as are necessary to establish an adult court diversion project for adults in compliance with this section.
  2. The adult court diversion project administered by the Attorney General shall encourage the development of diversion projects in local communities through grants of financial assistance to municipalities, private groups, or other local organizations. The Attorney General may require local financial contributions as a condition of receipt of project grants.
  3. All adult court diversion projects receiving financial assistance from the Attorney General shall adhere to the following provisions:
    1. The diversion project shall accept only persons against whom charges have been filed and the court has found probable cause, but are not yet adjudicated. The prosecuting attorney shall notify in writing the diversion program and the court of his or her intention to refer the person to diversion. If the prosecuting attorney refers a case to diversion, the prosecuting attorney may release information to the victim upon a showing of legitimate need and subject to an appropriate protective agreement defining the purpose for which the information is being released and in all other respects maintaining the confidentiality of the information; otherwise files held by the court, the prosecuting attorney, and the law enforcement agency related to the charges shall be confidential and shall remain confidential unless:
      1. the Board declines to accept the case;
      2. the person declines to participate in diversion;
      3. the Board accepts the case, but the person does not successfully complete diversion;
      4. the prosecuting attorney recalls the referral to diversion.
    2. Alleged offenders shall be informed of their right to the advice and assistance of private counsel or the public defender at all stages of the diversion process, including the initial decision to participate, and the decision to accept the adult diversion contract, so that the candidate may give informed consent.
    3. The participant shall be informed that his or her selection of the adult diversion contract is voluntary.
    4. Each State's Attorney, in cooperation with the adult court diversion project, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State's Attorney shall retain final discretion over the referral of each case for diversion.
    5. All information gathered in the course of the adult diversion process shall be held strictly confidential and shall not be released without the participant's prior consent (except that research and reports that do not require or establish the identity of individual participants are allowed).
    6. Information related to the present offense that is divulged during the adult diversion program shall not be used in the prosecutor's case.  However, the fact of participation and success, or reasons for failure may become part of the prosecutor's records.
      1. The adult court diversion project shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff.  These records shall include a centralized statewide filing system that will include the following information about individuals who have successfully completed an adult court diversion program: (7) (A) The adult court diversion project shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff.  These records shall include a centralized statewide filing system that will include the following information about individuals who have successfully completed an adult court diversion program:
        1. name and date of birth;
        2. offense charged and date of offense;
        3. place of residence;
        4. county where diversion process took place; and
        5. date of completion of diversion process.
      2. These records shall not be available to anyone other than the participant and his or her attorney, State's Attorneys, the Attorney General, and directors of adult court diversion projects.
    7. Adult court diversion projects shall be set up to respect the rights of participants.
    8. Each participant shall pay a fee to the local adult court diversion project. The amount of the fee shall be determined by project officers or employees based upon the financial capabilities of the participant. The fee shall not exceed $300.00. The fee shall be a debt due from the participant, and payment of such shall be required for successful completion of the program. Notwithstanding 32 V.S.A. § 502(a) , fees collected under this subdivision shall be retained and used solely for the purpose of the court diversion program.
  4. The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5 .
  5. Within 30 days of the two-year anniversary of a successful completion of adult diversion, the court shall provide notice to all parties of record of the court's intention to order the sealing of all court files and records, law enforcement records other than entries in the adult court diversion project's centralized filing system, fingerprints, and photographs applicable to the proceeding. The court shall give the State's Attorney an opportunity for a hearing to contest the sealing of the records. The court shall seal the records if it finds:
    1. two years have elapsed since the successful completion of the adult diversion program by the participant and the dismissal of the case by the State's Attorney;
    2. the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction; and
    3. rehabilitation of the participant has been attained to the satisfaction of the court.
  6. Upon the entry of an order sealing such files and records under this section, the proceedings in the matter under this section shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency or official named therein.
  7. Inspection of the files and records included in the order may thereafter be permitted by the court only upon petition by the participant who is the subject of such records, and only to those persons named therein.
  8. The process of automatically sealing records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have his or her records sealed. Sealing shall occur if the requirements of subsection (e) of this section are met.
  9. Subject to the approval of the Attorney General, the Vermont Association of Court Diversion Programs may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.

    Added 1981, No. 206 (Adj. Sess.), § 2; amended 1983, No. 217 (Adj. Sess.); 1983, No. 229 (Adj. Sess.), § 1; 1995, No. 47 , § 2, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 3; 2003, No. 157 (Adj. Sess.), § 12; 2009, No. 12 , § 2; 2009, No. 146 (Adj. Sess.), § D6; 2009, No. 156 (Adj. Sess.), § E.201.1; 2011, No. 56 , § 24; 2011, No. 145 (Adj. Sess.), § 1; 2017, No. 61 , § 2; 2017, No. 61 , § 7, eff. July 1, 2020; 2018, No. 8 (Sp. Sess.), § 11, eff. June 28, 2018; 2019, No. 77 , § 2, eff. June 19, 2019.

History

2003 (Adj. Sess.). In subsection (h), added the phrase "on or" between the words "diversion" and "after" to reflect the legislative intent that a person who completed diversion on July 1, 2002 should not be required to apply to seal their records.

In subdiv. (c)(9), substituted "this subdivision" for "this subsection" to conform references to V.S.A. style.

Amendments--2019. Subsec. (d): Added the second sentence.

Subdiv. (e)(1): In the third sentence, added the exception following "The matter shall become confidential when notice is provided to the court".

Subsec. (m): Added.

Amendments--2018 (Sp. Sess.). Section amended generally.

Amendments--2017. Substituted "program" for "project" and made related changes throughout.

Subsec. (a): Deleted the second half of the second sentence, which read: "and shall be designed to assist adults who have been charged with a first or second misdemeanor or a first nonviolent felony".

Subsec. (b): Added.

Subsecs. (c) and (e)-(k): Redesignated former subsec. (b) and former subsecs. (c)-(i) as (c) and (e)-(k), respectively.

Subsec. (c): Substituted "program" for "adult court diversion project administered by the Attorney General" at the beginning.

Subsec. (d): Added.

Subdivs. (e)(1) and (e)(6): Amended generally.

Subdiv. (e)(1)(C): Added "or" at the end.

Subdiv. (e)(4): Inserted "Office of the Attorney General and the" preceding "adult".

Subsec. (j): Substituted "subsection (g)" for "subsection (e)".

Amendments--2011 (Adj. Sess.). In the introductory language in subdiv. (c)(1); added the second sentence; and rewrote the last sentence, and added subdiv. (c)(1)(D).

Amendments--2011. Subdivision (c)(1): Added the last sentence.

Subdivisions (c)(1)(A)-(C): Added.

Amendments--2009 (Adj. Sess.). Subsection (a): Act 146 substituted "adults who have been charged with a first or second misdemeanor or a first nonviolent felony" for "adult first time offenders" following "assist".

Subdivision (c)(9): Act 156 rewrote the last sentence.

Amendments--2009. Subdivision (c)(9): Substituted "and payment of such shall be required for successful completion of the program" for "but shall not be grounds for exclusion from participation in the program" following "participant".

Amendments--2003 (Adj. Sess.). Subsection (e): Substituted "Within 30 days of the two-year anniversary of a successful completion of adult diversion, the court shall provide" for "On application of a participant in an adult diversion program or on the court's own motion, and after", "of" for "and hearing", "court's intention" for "court shall"; added the present second sentence; and inserted "The court shall seal the records" at the beginning of the present third sentence.

Subdivision (e)(2): Substituted "during the two-year period" for "after the initial charge of the participant and prior to the above hearing".

Subsections (f)-(i): Amended generally.

Amendments--1999 (Adj. Sess.) Subsections (i) and (j): Added.

Amendments--1995. Subdivision (c)(9): Substituted "$300.00" for "$100.00" in the third sentence, substituted "court diversion fund" for "state of Vermont" following "paid to the" and deleted "adult" following "purposes of" in the fifth sentence, and deleted the sixth sentence.

Amendments--1983 (Adj. Sess.). Subsection (a): Act No. 229 rewrote the former first sentence as the present first and second sentences.

Subdivision (c)(9): Added by Act No. 217.

Legislative findings; intent. 2017, No. 61 , § 1 provides: "(a) The General Assembly finds:

"(1) According to numerous studies over many years, pretrial diversion programs result in outcomes for participants that are better than incarceration, including reducing the likelihood that participants commit future crimes and improving substance abuse and mental health outcomes. For example, according to a study of the New York City Jail Diversion Project, 12 months after their offense, offenders who go through a diversion program are less likely to reoffend, spend less time in prison, have received more treatment, and are less likely to suffer drug relapses. In addition, a study in the Journal of the American Academy of Psychiatry and the Law indicates that diversion programs reduce the amount of time participants spend in jail for future offenses from an average of 173 days to an average of 40 days during the year after the offense. Research also demonstrates that offenders who have participated in diversion programs are better able to find employment.

"(2) Diversion programs benefit the criminal justice system by reducing costs and allowing resources to be allocated more efficiently for more serious offenders. According to studies by the Urban Institute and the National Alliance on Mental Illness, diversion programs reduce costs and improve outcomes by allowing offenders with mental illness to receive more appropriate treatment outside the criminal justice system. As reported in the Psychiatric Rehabilitation Journal, diversion programs reduce costs by decreasing the need for and use of hospitalization and crisis services by offenders.

"(b) It is the intent of the General Assembly that:

"(1) Sec. 2 of this act [which amended this section] result in an increased use of the diversion program throughout the State and a more consistent use of the program between different regions of the State;

"(2) the Office of the Attorney General collect data pursuant to 3 V.S.A. § 164(d) on diversion program use, including the effect of this act on use of the program statewide and in particular regions of the State; and

"(3) consideration be given to further amending the diversion program statutes before Sec. 2 of this act sunsets on July 1, 2020, if it is determined that Sec. 2 of this act did not produce the intended increases in diversion program usage."

Prospective repeal of 2009 amendment 2009, No. 12 , § 4 as amended by 2009, No. 67 (Adj. Sess.), § 105 provides: "The amendments in Sec. 1 of this act (juvenile court diversion project) [which amended § 163] and Sec. 2 of this act (adult court diversion project) [which amended this section] shall be repealed on July 1, 2011, at which time language shall return to its previous form."

Sunset of prospective repeal of 2009 amendment. 2009, No. 12 , § 4 as amended by 2009, No. 67 (Adj. Sess.), § 105 which provided for the sunset on the amendments requiring the payment of the fee as a condition to successfully complete the diversion program, effective on July 1, 2011 was repealed by 2011, No. 33 , § 13(3).

Extension of prospective repeal of 2017 amendment. 2017, No. 61 , § 7 as amended by 2019, No. 134 (Adj. Sess.), § 1 provides: "Sec. 2 of this act [which amended this section] shall be repealed on July 1, 2021."

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

§ 164a. Restitution.

  1. A diversion program may refer an individual who has suffered a pecuniary loss as a direct result of a delinquent act or crime alleged to have been committed by a juvenile or adult accepted to its program to the Restitution Unit established by 13 V.S.A. § 5362 for the purpose of application for an advance payment pursuant to 13 V.S.A. § 5363(d)(1) . The Restitution Unit may enter into a repayment contract with a juvenile or adult accepted into diversion and shall have the authority to bring a civil action to enforce the repayment contract in the event that the juvenile or adult defaults in performing the terms of the contract.
  2. The Restitution Unit and the diversion program shall develop a process for documenting victim loss, information sharing between the Unit and diversion programs regarding the amount of restitution paid by the Unit and diversion participants' contractual agreements to reimburse the unit, transmittal of payments from participants to the Unit, and maintenance of the confidentiality of diversion information.

    Added 2011, No. 145 (Adj. Sess.), § 2.

§ 165. Public contract advocate.

  1. There is hereby imposed upon the Office of the Attorney General the duty to provide public contract advocacy for all proceedings involving contracts for basic telecommunications service under 30 V.S.A. § 226a .  The Attorney General shall appoint or retain as required one or more public contract advocates who shall be knowledgeable in the fields of public utility regulation and telecommunications services.
  2. Public contract advocates shall be appointed or retained for such time as may be required to monitor, represent the public interest, and report on any contract for basic telecommunications service under 30 V.S.A. § 22 6a . Compensation, expenses, and support of public contract advocates shall be assessed as costs to the Department of Public Service and paid from the revenues received from the tax to finance the Department and the Board levied under 30 V.S.A. § 22 .

    Added 1987, No. 87 , § 9.

§ 166. Court Diversion Fund.

The Court Diversion Fund is hereby established in the State Treasury. All fees and assessments of the juvenile and adult court diversion programs shall be recorded in the Fund. Quarterly, the director of each court diversion program shall report to the Attorney General in a manner as prescribed by the Attorney General's office on all fees paid under sections 163 and 164 of this title. An independent audit that includes all State funding sources shall be required biennially.

Added 1995, No. 47 , § 3, eff. April 20, 1995; amended 2009, No. 156 (Adj. Sess.), § E.201.2.

History

Amendments--2009 (Adj. Sess.) Amended section generally.

§ 167. Repealed. 2019, No. 154 (Adj. Sess.), § E.200.1, eff. Oct. 2, 2020.

History

Former § 167. Former § 167, relating to the Public Funds Investigation Special Fund, was derived from 2009, No. 67 (Adj. Sess.), § 88a.

§ 167a. Complex Litigation Special Fund.

  1. There is established the Complex Litigation Special Fund pursuant to 32 V.S.A. chapter 7, subchapter 5 to be available for expenditure by the Attorney General, as annually appropriated or authorized pursuant to 32 V.S.A. § 511 , to pay nonroutine expenses, not otherwise budgeted, incurred in the investigation, prosecution, and defense of complex civil and criminal litigation. These expenses may include, for example, costs incurred for expert witnesses and for support staff and technology needed to review and manage voluminous documents in discovery and at trial in complex cases.
  2. The Fund shall consist of:
    1. Such sums as may be appropriated or transferred by the General Assembly.
    2. Settlement monies other than consumer restitution collected by the Office of the Attorney General, except for those recoveries that by law are transferred or appropriated for other uses pursuant to 9 V.S.A. § 2458(b)(4) , and subject to the Fund balance cap in subsection (c) of this section.
  3. The unencumbered Fund balance shall not exceed $1,000,000.00.
  4. The Attorney General shall submit a report of the amount and purpose of expenditures from the Fund at the close of each fiscal year to the Joint Fiscal Committee annually on or before September 1. As part of the annual budget submission, the Attorney General shall include a projection of the Fund balance for the current fiscal year and upcoming fiscal year and may recommend appropriations as needed consistent with the purpose of the Fund.

    Added 2018, No. 11 (Sp. Sess.), § E.200.1.

History

2019 2019, No. 6 , § 92 provides: "(a) Notwithstanding 1 V.S.A. § 214 or any provision of 2018 (Sp. Sess.) Acts and Resolves No. 11, Sec. G.100 to the contrary, the Complex Litigation Special Fund established in 3 V.S.A. § 167a by 2018 (Sp. Sess.) Acts and Resolves No. 11, Sec. E.200.1 shall be treated, for purposes of receiving the funds appropriated by 2018 (Sp. Sess.) Acts and Resolves No. 11, Sec. C.105(a)(3), as though it had taken effect on June 30, 2018."

§ 168. Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel. Section 168 repealed effective July 1, 2021.

  1. The Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel is established. The Panel shall be organized and have the duties and responsibilities as provided in this section. The Panel shall be organized within the Office of the Attorney General and shall consult with the Vermont Human Rights Commission, the Vermont chapter of the ACLU, the Vermont Police Association, the Vermont Sheriffs' Association, the Vermont Association of Chiefs of Police, and others.
  2. The Panel shall comprise the following 13 members:
    1. five members, drawn from diverse backgrounds to represent the interests of communities of color throughout the State, who have had experience working to implement racial justice reform, appointed by the Attorney General;
    2. the Executive Director of the Vermont Criminal Justice Council or designee;
    3. the Attorney General or designee;
    4. the Defender General or designee;
    5. the Executive Director of the State's Attorneys and Sheriffs or designee;
    6. the Chief Superior Judge or designee;
    7. the Commissioner of Corrections or designee;
    8. the Commissioner of Public Safety or designee; and
    9. the Commissioner for Children and Families or designee.
  3. The members of the Panel appointed under subdivision (b)(1) of this section shall serve staggered four-year terms. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of subsection (b) of this section. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term. Members of the Panel shall be eligible for reappointment. Members of the Panel shall serve no more than two consecutive terms in any capacity.
  4. Members of the Panel shall elect biennially by majority vote the Chair of the Panel. Members of the Panel who are not State employees or whose participation is not supported through their employment or association shall receive per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 , to be provided by the Office of the Attorney General. The Office of the Attorney General shall provide the Panel with administrative and professional support. The Panel may meet up to ten times per year.
  5. A majority of the members of the Panel shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.
  6. The Panel shall review and provide recommendations to address systemic racial disparities in statewide systems of criminal and juvenile justice, including:
    1. continually reviewing the data collected pursuant to 20 V.S.A. § 2366 to measure State progress toward a fair and impartial system of law enforcement;
    2. providing recommendations to the Criminal Justice Council and the Vermont Bar Association, based on the latest social science research and best practices in law enforcement and criminal and juvenile justice, on data collection and model trainings and policies for law enforcement, judges, correctional officers, and attorneys, including prosecutors and public defenders, to recognize and address implicit bias;
    3. providing recommendations to the Criminal Justice Council, based on the latest social science research and best practices in law enforcement, on data collection and a model training and policy on de-escalation and the use of force in the criminal and juvenile justice system;
    4. educating and engaging with communities, businesses, educational institutions, State and local governments, and the general public about the nature and scope of racial discrimination in the criminal and juvenile justice system;
    5. monitoring progress on the recommendations from the 2016 report of the Attorney General's Working Group on Law Enforcement Community Interactions; and
    6. on or before January 15, 2018, and biennially thereafter, reporting to the General Assembly, and providing as a part of that report recommendations to address systemic implicit bias in Vermont's criminal and juvenile justice system, including:
      1. how to institute a public complaint process to address perceived implicit bias across all systems of State government;
      2. whether and how to prohibit racial profiling, including implementing any associated penalties; and
      3. whether to expand law enforcement race data collection practices to include data on nontraffic stops by law enforcement.

        Added 2017, No. 54 , § 1, eff. May 31, 2017; repealed on July 1, 2021 by 2019, No. 134 (Adj. Sess.), § 2.

History

2020. In subdivs. (b)(2), (f)(2), and (f)(3), substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Extension of sunset. 2017, No. 54 , § 6a as amended by 2019, No. 134 (Adj. Sess.), § 2 provides: "3 V.S.A. § 168 (Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel) is repealed on July 1, 2021."

CHAPTER 9. ADMINISTRATIVE DEPARTMENTS

Sec.

§ 201. Repealed. 1959, No. 329 (Adj. Sess.), § 59, eff. March 1, 1961.

History

Former § 201. Former § 201, relating to creation of departments, was derived from V.S. 1947, § 492; 1947, Nos. 163, 187; 1945, No. 5 , § 7; 1943, No. 9 , § 2; 1939, No. 11 , §§ 1, 2; 1935, No. 17 , § 10; P.L. § 454; 1933, No. 157 , § 395; 1923, No. 8 , §§ 1, 2; 1923, No. 7 , §§ 1, 2. The subject matter is now covered by § 212 of this title.

§ 202. Seals.

Each department or bureau, with the approval of the Governor, may adopt and have an official seal.

History

Source. V.S. 1947, § 498. P.L. § 461. 1923, No. 7 , § 8.

§ 203. Authority limited.

The commissioner or board at the head of each department herein specified shall exercise only the powers and perform the duties imposed by law on such Department.

History

Source. V.S. 1947, § 501. P.L. § 464. 1933, No. 157 , § 405. 1923, No. 7 , § 14.

ANNOTATIONS

Analysis

1. Construction.

Authority in an administrative department of the state government cannot arise through implication; an explicit grant of authority is required. Miner v. Chater, 137 Vt. 330, 403 A.2d 274 (1979).

2. Legislation.

The powers and duties of the head of an administrative agency are to be prescribed in terms definite enough to serve as a guide to him. Taconic Racing & Breeding Association v. Department of Public Safety, 130 Vt. 388, 296 A.2d 257 (1972).

Cited. In re J.S., 139 Vt. 6, 420 A.2d 870 (1980); Subud of Woodstock, Inc. v. Town of Barnard, 169 Vt. 582, 732 A.2d 749 (mem.) (1999).

§ 204. Disqualification.

A person holding an office under this chapter shall not be the owner of, or financially interested, directly or indirectly, in any corporation or association subject to the supervision of his or her respective department, except as a policy holder in an insurance company or a depositor in a bank.

History

Source. V.S. 1947, § 493. P.L. § 456. 1923, No. 7 , § 5.

Cross References

Cross references. Executive code of ethics, see 3 App. V.S.A. E.0.04-00.

§ 205. Duties of office.

Each commissioner of a department and each officer specified in this chapter, except the members of the boards herein specified, shall devote his or her entire time to the duties of his or her office.

History

Source. V.S. 1947, § 494. P.L. § 457. 1933, No. 157 , § 398. 1923, No. 7 , § 6.

§ 206. Regulations.

The commissioner or board at the head of each department herein specified is empowered to prescribe and to enforce rules and regulations, subject to the approval of the Governor, for the government and administration of such department, the conduct of its employees and the custody, use, and preservation of the records, books, documents, and property pertaining thereto.

History

Source. V.S. 1947, § 495. P.L. § 458. 1933, No. 157 , § 399. 1923, No. 7 , § 7.

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

§ 207. Assistance and expenditure.

  1. Each department herein specified is empowered to employ such assistance, clerical or otherwise, as the Governor deems necessary for its proper and efficient administration and, subject to his or her approval, to fix the compensation to be paid therefor. No department shall expend or authorize an expenditure in excess of the amount appropriated therefor in any fiscal year.
  2. Agency secretaries and department heads are authorized to recruit, train and accept without regard to the civil service classification laws, rules and regulations, and without statutory compensation, the services of temporary volunteers for, or in aid of, interpretive function, visitor services, or other activities in and related to areas administered by the agency secretary or department head.
    1. Except as provided in this section, a volunteer shall not be deemed a State employee and shall not be subject to the provisions of law relating to State employment and a collective bargaining agreement between the State of Vermont and the Vermont State Employees' Association, Inc., including those relating to hours of work, rates of compensation, leave, and State employees benefits.
    2. The consideration for volunteer services is education, training, and experience.
    3. The appointing authority is authorized to provide reimbursement for such necessary incidental expenses as transportation, uniforms, lodging, and subsistence.
    4. [Repealed.]
    5. Volunteer services shall not be used to displace existing or vacant State positions but will be used to satisfy unmet public service needs.  To insure compliance with the intent hereof and merit system principles, any department or agency employing temporary volunteers shall secure the approval of the Commissioner of Human Resources.

      Amended 1973, No. 117 , §§ 21, 22; 1989, No. 114 , § 11(a)(1); 2003, No. 156 (Adj. Sess.), § 15.

History

Source. V.S. 1947, § 497. P.L. § 460. 1923, No. 7 , § 9. G.L. §§ 398, 660. 1917, No. 115 , § 4. 1917, No. 32 , § 5.

Amendments--2003 (Adj. Sess.). Subdivision (b)(5): Substituted "commissioner of human resources" for "commissioner of personnel".

Amendments--1989. Subdivision (b)(4): Repealed.

Amendments--1973. Designated existing provisions of section as subsec. (a) and added subsec. (b).

Volunteer program coordination. By Executive Order No. 37, dated May 13, 1974, the secretary of the human services agency was given responsibility for the establishment and implementation of a volunteer service coordinating function for the state. For text of Order, see Laws of Vermont 1975, p. 336.

ANNOTATIONS

Analysis

1. Construction with other laws.

This section and section 1266 of Title 32, authorizing employment of clerical assistance, have been largely supplanted by personnel acts, but they remain in effect insofar as exempt positions are concerned. 1956-58 Op. Atty. Gen. 162.

2. Authority of governor.

Under this section, governor might appoint a committee to assist in guidance or other matters pertaining to the Weeks School. 1942-44 Op. Atty. Gen. 149.

Legislature did not intend to limit authority of governor in employment of help to those departments created by this chapter. 1926-28 Op. Atty. Gen. 40.

§ 208. Repealed. 2003, No. 122 (Adj. Sess.), § 294a.

History

Former § 208. Former § 208, relating to reports to the governor concerning needs of departments, was derived from V.S. 1947, § 499; P.L. § 462; 1923, No. 7 , § 11. G.L. §§ 397, 657; 1917, No. 115 , § 3 and 1917, No. 32 , § 3.

Annotations from Former § 208

1. Printing.

Reports may be printed, if authorized by governor. 1936-38 Op. Atty. Gen. 93.

§ 209. Efficiency and cooperation; transfer of personnel; regulations of Governor.

The Governor shall provide for and require a practical working system to ensure efficiency and mutual helpfulness among the departments herein specified. The Governor may transfer, temporarily or permanently, subordinates of any one of such departments to another department as the needs of the State may seem to him or her to require. He or she shall adopt and have power to enforce such rules as he or she may see fit for the conduct of such departments and alter or add to the same in his or her discretion.

Amended 2015, No. 23 , § 67.

History

Source. V.S. 1947, § 496. P.L. § 459. 1933, No. 157 , § 400. 1923, No. 7 , § 12. G.L. § 660. 1917, No. 32 , § 5.

Amendments--2015. Substituted "adopt" for "make, promulgate" preceding "and have power" and deleted "and regulations" following "enforce such rules" in the third sentence.

ANNOTATIONS

Cited. In re Hood, 156 Vt. 412, 592 A.2d 907 (1991).

§ 210. Repealed. 1973, No. 101, § 6.

History

Former § 210. Former § 210, relating to joint conference of health and social welfare agencies, was derived from 1957, No. 185 ; 1955, No. 38 , §§ 1-3 and amended by 1959, No. 329 (Adj. Sess.), § 27.

§ 211. Construction.

Nothing in this chapter shall be construed to give to the head of any department any authority over the judicial or quasi-judicial acts or duties of any officer in his or her department.

History

Source. V.S. 1947, § 510. P.L. § 479. 1933, No. 157 , § 420. 1931, No. 110 , § 1. 1923, No. 7 , § 19(6), (7). 1923, No. 8 , §§ 4, 8(2).

§ 212. Departments created.

The following administrative departments are hereby created, through the instrumentality of which the Governor, under the Constitution, shall exercise such functions as are by law assigned to each department respectively:

  1. The Department of Mental Health
  2. [Repealed.]
  3. The Department of Financial Regulation
  4. The Department of Corrections
  5. The Department of Housing and Community Development
  6. , (7) [Repealed.]

    (8) The Department of Fish and Wildlife

    (9) The Department of Forests, Parks and Recreation

    (10) The Department of Health

    (11) [Repealed.]

    (12) The Department of Labor

    (13) The Department of Libraries

    (14) The Department of Liquor and Lottery

    (15) [Repealed.]

    (16) The Military Department

    (17) The Department of Motor Vehicles

    (18) The Department of Public Safety

    (19) The Department of Public Service

    (20) The Department for Children and Families

    (21) The Department of Taxes

    (22) The Department of Environmental Conservation

    (23) The Department of Disabilities, Aging, and Independent Living

    (24) The Department of Vermont Health Access.

    Added 1959, No. 329 (Adj. Sess.), § 4, eff. March 1, 1961; amended 1967, No. 71 , § 2; 1967, No. 106 , § 2; 1969, No. 207 (Adj. Sess.), § 5, eff. March 24, 1970; 1969, No. 226 (Adj. Sess.), § 1, eff. March 31, 1970; 1981, No. 66 , § 1, eff. May 1, 1981; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 76 , § 18; 1987, No. 243 (Adj. Sess.), § 2; 1989, No. 187 (Adj. Sess.), § 5; 1989, No. 225 (Adj. Sess.), § 25; 1989, No. 256 (Adj. Sess.), § 10, eff. Jan. 1, 1991; 1995, No. 174 (Adj. Sess.), § 3; 1995, No. 180 (Adj. Sess.), § 38(a); 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), §§ 2, 140; 2007, No. 15 , § 1a; 2011, No. 78 (Adj. Sess.), § 1, eff. April 2, 2012; 2013, No. 92 (Adj. Sess.), § 246, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 97; 2015, No. 23 , § 139; 2018, No. 1 (Sp. Sess.), § 106.

History

2011 (Adj. Sess.). In subdivision (5), substituted "department of economic, housing, and community development" for "department of development" to conform with Executive Order No. 3-48.

In subdiv. (5), substituted "department of development" for "development department" to conform reference to § 2471 of this title.

In subdiv. (9), substituted "department of forests, parks and recreation" for "department of forests and parks" to reflect repeal of § 2001 et seq. of Title 10 and enactment of § 2601 et seq. of that title.

Subdivision (14), as added by 1969, No. 207 (Adj. Sess.), has been redesignated as subdiv. (15) and former subdivs. (15)-(21) as (16)-(22).

In subdiv. (22), substituted "department of water resources and environmental engineering" for "department of water resources" to conform reference to § 2873 of this title.

Amendments--2018 (Sp. Sess.). Subdiv. (14): Substituted "Department of Liquor and Lottery" for "Department of Liquor Control".

Amendments--2015 Subdivisions (2) and (11): Repealed.

Subdivision (5): Deleted "Economic" preceding "Housing".

Amendments--2013 (Adj. Sess.). Subdivision (6): Repealed by Act No. 92.

Subdivisions (23) and (24): Added by Act No. 131.

Amendments--2011 (Adj. Sess.). Subdivision (3): Substituted "financial regulation" for "banking, insurance, securities, and health care administration".

Amendments--2007. Subdivision (1): Added.

Amendments--2005 (Adj. Sess.). Subdivision (7): Act 103 substituted "department of labor" for "department of employment and training".

Subdivision (12): Act 103 substituted "department of labor" for "department of labor and industry".

Subdivision (15): Repealed by Act No. 174.

Subdivision (20): Act No. 174 substituted "for children and families" for "of prevention, assistance, transition, and health access".

Amendments--2003. Subdivision (2): Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Amendments--1999 (Adj. Sess.). Subdivision (20): Substituted "department of prevention, assistance, transition, and health access" for "department of social welfare".

Amendments--1995 (Adj. Sess.) Subdivision (3): Act No. 180 substituted "commissioner of banking, insurance, securities, and health care administration" for "department of banking, insurance, and securities".

Subdivision (15): Act No. 174 substituted "department of developmental and mental health services" for "department of mental health and mental retardation".

Amendments--1989 (Adj. Sess.). Subdivision (2): Act No. 256 substituted "department of agriculture, food and markets" for "department of agriculture".

Subdivision (3): Act No. 225 substituted "banking, insurance, and securities" for "banking and insurance".

Subdivision (15): Act No. 187 added "and mental retardation" following "health".

Amendments--1987 (Adj. Sess.). Subdivision (1): Repealed.

Amendments--1987. Subdivision (22): Substituted "department of environmental conservation" for "department of water resources and environmental engineering".

Amendments--1983 (Adj. Sess.). Subdivision (8): Substituted "wildlife" for "game" following "fish and".

Amendments--1981. Subdivision (7): Substituted "and training" for "security" following "employment".

Amendments--1969 (Adj. Sess.). Act No. 207 added a new subdiv. (14) and redesignated former subdivs. (14)-(20) as subdivs. (15)-(21).

Act No. 226 added a new subdiv. (13), redesignated former subdiv. (12) as subdiv. (4), former subdivs. (4)-(11) as (5)-(12) and former subdivs. (13)-(20) as (14)-(21).

Amendments--1967. Subdivision (11): Act No. 71 substituted "labor and industry" for "industrial relations" following "department of".

Subdivision (12): Act No. 106 substituted "corrections" for "institutions" following "department of".

ANNOTATIONS

1. Department of public safety.

The department of public safety is an administrative department of the state under this section. 1946-48 Op. Atty. Gen. 236.

Cited. Miner v. Chater, 137 Vt. 330, 403 A.2d 274 (1979); State v. Lynch, 137 Vt. 607, 409 A.2d 1001 (1979); In re J.S., 139 Vt. 6, 420 A.2d 870 (1980); Sprague v. University of Vermont, 661 F. Supp. 1132 (D. Vt. 1987).

§ 213. Declaration of policy.

  1. It is the policy of the State of Vermont that the Executive Branch of the State government created by the constitution shall be organized into the separate offices of the elected constitutional State officers and such administrative agencies and departments as may be created by law.  All administrative bodies in the Executive Branch shall be placed within one of the foregoing agencies or departments to assure proper executive supervision by the Governor.
  2. It is also the policy of the State of Vermont that, for the purpose of clarity and uniformity, all agencies of the Executive Branch of the State government shall be headed by secretaries; that all administrative departments of the Executive Branch of the State government shall be headed by commissioners; that all major divisions of administrative departments shall be known as divisions and shall be headed by a director; that the major groups within the administrative departments shall be known as boards and that all other groups within the department shall be known as councils.

    Added 1959, No. 329 (Adj. Sess.), § 1; eff. March 1, 1961; amended 1987, No. 243 (Adj. Sess.), § 3, eff. June 13, 1988.

History

Amendments--1987 (Adj. Sess.). Subsection (a): Rewrote the first sentence and substituted "administrative bodies" for "agencies" preceding "in the executive", "branch" for "departments" thereafter and "agencies" for "offices" following "foregoing" in the second sentence.

Subsection (b): Deleted "hereby declared to be" preceding "the policy", inserted "all agencies of the executive branch of the state government shall be headed by secretaries; that" preceding "all administrative departments of the executive" and substituted "branch" for "department" thereafter.

ANNOTATIONS

Analysis

1. Major divisions.

A major division may be created only by legislation, and there is no indication of intent on the part of the legislature that the department heads may establish such without legislation. 1960-62 Op. Atty. Gen. 95.

2. Titles.

The title of "director" should be restricted to the heads of "major divisions" and, therefore, should not be used in connection with an officer whose work is general throughout the department under the commissioner. 1960-62 Op. Atty. Gen. 95.

"Assistant commissioner" sounds like a position created by the legislature, and it is not proper for others than the legislature to create such designation. 1960-62 Op. Atty. Gen. 95.

"Assistant to the commissioner" does not convey the impression of a title granted by the legislature, even though, objection might be raised to such designation by others. 1960-62 Op. Atty. Gen. 95.

§ 214. Delegation of authority.

A secretary, commissioner, or director may delegate any authority, power, or duty other than a specific statutory authority of the office to a designee; and a board or council in its discretion and with the approval of the Governor may delegate to the commissioner of the department any of its authority, power, or duty other than a specific statutory authority except those necessary to its rulemaking and quasi-judicial functions.

Added 1959, No. 329 (Adj. Sess.), § 6, eff. March 1, 1961; amended 1987, No. 243 (Adj. Sess.), § 4, eff. June 13, 1988.

History

Amendments--1987 (Adj. Sess.). Substituted "a secretary, commissioner or director" for "the administrative head of a department" preceding "may delegate" and "a designee" for "the subordinate officers of the department" following "office to".

ANNOTATIONS

Analysis

1. Construction with other laws.

To determine whether a "specific statutory authority," as those terms are used in 3 V.S.A. § 214, is present requires a two-step inquiry: (1) Does the legislation that creates the authority preclude delegation? (2) If not, can the power to subdelegate be implied from the statutory scheme and the circumstances involved? In re Vermont Marble Co., 162 Vt. 355, 648 A.2d 381 (1994).

As the authority to conduct compensation hearings under section 229 of Title 19 is specifically assigned to the state highway board, and are also quasi-judicial in nature, such authority is not delegable by virtue of the specific provisions of this section. 1966-68 Op. Atty. Gen. 85.

2. Signatures.

The subordinate officers of the department of corrections may sign pleadings and forms for the commissioner of corrections if the commissioner's authority or obligation to sign is general, but not if it is specific. 1970-72 Op. Atty. Gen. 91.

3. Exercise of discretion.

Water Resources Board's determination that subdelegation is prohibited whenever a power involves the exercise of discretion was not consistent with the language of 3 V.S.A. § 214. In re Vermont Marble Co., 162 Vt. 355, 648 A.2d 381 (1994).

4. Implied power to subdelegate specific authority.

Supreme court was prepared to accept an implied power to subdelegate specific authority when subdelegation is needed and is, in the overall, consistent with legislative intent; however, supreme court could not allow subdelegation of a "specific statutory authority of the office" as those terms are used in 3 V.S.A. § 214. In re Vermont Marble Co., 162 Vt. 355, 648 A.2d 381 (1994).

Cited. In re Buttolph, 141 Vt. 601, 451 A.2d 1129 (1982); Secretary v. Henry, 161 Vt. 556, 641 A.2d 1345 (1994).

§ 215. Commissioner, member of councils.

The Commissioner of each department shall be ex officio a member of all councils within the department. However, he or she shall not vote unless otherwise provided by law and shall not participate as a member of a council in matters involving the quasi-judicial functions of the council relative to administrative decisions of the department except as otherwise provided by law. The Commissioner or his or her representative shall attend all meetings of the councils within the department.

Added 1959, No. 329 (Adj. Sess.), § 7, eff. March 1, 1961.

§ 216. Boards and commissions; party representative.

Unless otherwise provided, no board or commission appointed by the Governor, whether or not with the advice and consent of the Senate, may be composed entirely of persons from one political party.

Added 1969, No. 54 , § 1, eff. April 10, 1969.

History

Application. 1969, No. 54 , § 2, provided: "This act [which added this section] shall not apply to the membership of a board or commission appointed prior to the effective date of this act [April 10, 1969]."

§ 217. Passenger vehicles; sale.

  1. No State department or agency, board, or commission, except the Governor, the Commissioner of Buildings and General Services, and the Commissioners of the Departments of Fish and Wildlife and of Public Safety for use of employees who are sworn law enforcement officers, may maintain or provide passenger vehicles, subject to such exceptions as may be made by the Commissioner of Buildings and General Services in circumstances where there is documented evidence of necessity based upon the requirements or conditions of individual State programs.
  2. The Department of Buildings and General Services of the Agency of Administration shall dispose of all cars owned by the State except those cars that are determined by the Secretary of Administration to be necessary to the operations of individual State programs under subsection (a) of this section. All money that has been budgeted in any fiscal year for the maintenance of those vehicles and the proceeds from the sale of those vehicles shall be applied to the future replacement of the State fleet. Any unspent balance shall revert to the General Fund.
  3. The Commissioner of Buildings and General Services shall purchase and lease vehicles for the State Fleet subject to the requirements of 29 V.S.A. § 903(g) .

    Added 1975, No. 118 , § 62, eff. April 30, 1975; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1989, No. 210 (Adj. Sess.), § 42; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 121 (Adj. Sess.), § 44, eff. June 8, 2004; 2019, No. 59 , § 42.

History

Amendments--2019. Subsec. (c): Rewrote the subsec.

Amendments--2003 (Adj. Sess.). Section amended generally.

Amendments--1995 (Adj. Sess.) Subsection (c): Substituted "commissioner of buildings and general services" for "commissioner of general services".

Subsection (b): Substituted "department of buildings and general services" for "department of general services" in the first sentence.

Amendments--1989 (Adj. Sess.). Subsection (a): Deleted "lieutenant governor" preceding "and the departments".

Amendments--1983 (Adj. Sess.). Subsection (a): Substituted "wildlife" for "game" following "fish and".

§ 218. Agency and department records management program.

  1. The General Assembly finds that public records are essential to the administration of State and local government. Public records contain information that allows government programs to function, provides officials with a basis for making decisions, and ensures continuity with past operations. Public records document the legal responsibilities of government, help protect the rights of citizens, and provide citizens a means of monitoring government programs and measuring the performance of public officials. Public records provide documentation for the functioning of government and for the retrospective analysis of the development of Vermont government and the impact of programs on citizens. Public records in general and archival records in particular need to be systematically managed to preserve their legal, historic, and informational value, to provide ready access to vital information, and to promote the efficient and economical operation of government.
  2. The head of each State agency or department shall establish, maintain, and implement an active and continuing program approved by the Vermont State Archives and Records Administration for the effective management, preservation, and disposition of records, regardless of their physical form or characteristics, for which that head is responsible.
  3. For an agency or department records program to be approved by the Vermont State Archives and Records Administration, the head of each State agency or department shall:
    1. establish and maintain an accurate inventory of all records;
    2. develop justifiable retention periods for all records;
    3. dispose promptly of those records authorized for destruction by the Vermont State Archives and Records Administration;
    4. establish and maintain accurate records indicating the identity and quantity of all records destroyed, the savings in space and equipment, and any money savings resulting from the disposal of such records;
    5. establish and maintain other records related to management of the agency's or department's records as required by the Vermont State Archives and Records Administration;
    6. provide for furnishing to the State Archives, such special reports regarding the records of the agency or department as the Vermont State Archives and Records Administration may deem necessary;
    7. process, store, and preserve records kept by the agency or department in an efficient and economical manner;
    8. where practicable, consolidate or eliminate existing records of the agency or department and control the creation of new records;
    9. maintain the records of the agency or department in a manner that permits the prompt and orderly removal of records authorized for destruction; and
    10. implement and sustain a record schedule in accordance with requirements established by the Vermont State Archives and Records Administration under section 117 of this title and the Agency of Digital Services under chapter 56 of this title.
  4. The head of each State agency or department shall designate a member of his or her staff as the records officer for his or her agency or department, and shall notify the Vermont State Archives and Records Administration in writing of the name and title of the person designated, and shall post the name and contact information of the person on the agency or department website, if one exists.
  5. The Vermont State Archives and Records Administration shall approve all agency record schedules, as defined by section 117 of this title, unless set forth in a general record schedule issued by the Vermont State Archives and Records Administration. Authorizations by the Public Records Advisory Board regarding the disposition of public records shall remain in effect until superseded by a record schedule issued or approved by the Vermont State Archives and Records Administration.

    Added 1975, No. 118 , § 63, eff. April 30, 1975; amended 1979, No. 56 , § 1; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 3 , § 2; 2007, No. 96 (Adj. Sess.), § 4; 2009, No. 91 (Adj. Sess.), § 3, eff. May 6, 2010; 2011, No. 59 , § 8; 2019, No. 49 , § 1, eff. June 10, 2019.

History

Amendments--2019. Substituted "Agency and Department" for "Agency/Department" in the section heading.

Subdiv. (c)(10): Substituted "Agency of Digital Services" for "Department of Information and Innovation" and "chapter 56" for "subdivision 2222(a)(10)".

Amendments--2011. Subsection (d): Inserted ", and shall post the name and contact information of the person on the agency or department website, if one exists" following "designated".

Amendments--2009 (Adj. Sess.) Subdivision (c)(3): Substituted "Vermont state archives and records" for "department of buildings and general services of the agency of".

Amendments--2007 (Adj. Sess.). Subsections (b), (c): Substituted "Vermont state archives and records administration" for "commissioner of buildings and general services with respect to public records, and the secretary of state with respect to archival records".

Subdivision (c)(5): Substituted "Vermont state archives and records administration" for "director of public records or the state archivist".

Subdivision (c)(6): Deleted "division of public records and" preceding "state" and substituted "Vermont state archives and records administration" for "department of buildings and general services or the secretary of state".

Subdivision (c)(10): Added.

Subsection (d): Substituted "Vermont state archives and records administration" for "department of buildings and general services".

Subsection (e): Added.

Amendments--2003. Rewrote subsection (a), redesignated former subsecs. (a)-(c) as present subsecs. (b)-(d); inserted "with respect to public records, and the secretary of state with respect to archival records" following "general services" and "regardless of their physical form or characteristics" in subsec. (b), "with respect to public records, and the secretary of state with respect to archival records" following "general services" in subsec. (c), "or the state archivist" at the end of subdiv. (c)(5), "and state archives" following "public records" and "or the secretary of state" following "general services" in subdiv. (c)(6).

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in subsec. (a) and in the introductory paragraph of subsec. (b) and substituted "department of buildings and general services" for "department of general services" in subsecs. (b)(3), (6) and (c).

Amendments--1979. Amended section generally.

§ 219. Repealed. 2009, No. 91 (Adj. Sess.), § 4, eff. May 6, 2010.

History

Former § 219. Former § 219, relating to records and file equipment, was derived from 1975, No. 118 , § 61 and was amended by 1979, No. 56 , § 2 and 1995, No. 148 (Adj. Sess.), § 4(c)(2).

§ 220. Classified employees in exempt positions.

  1. A State employee in the classified service, upon appointment to an exempt position, may request an indefinite leave of absence without pay from his or her classified position for so long as he or she remains in the exempt position.  Upon approval in writing by the administrative head of the agency, department or like instrumentality in which the employee is serving, and upon concurrence by the Commissioner of Human Resources, the employee may enter the exempt position with rights determined under this section.
  2. During service in the exempt position, and if the approved request so specifies, the employee's rights to sick leave and rights under retirement and insurance plans shall be continued.
  3. Upon leaving the exempt position, the employee shall not have a guarantee of returning to his or her former position, nor to any other classified position. However, where the employee has at least 10 years of classified service, the Commissioner of Human Resources shall provide for the employee to be offered a position in the classified service, but not necessarily the former position, at the same or lower paygrade as the position previously held, provided the employee was not dismissed from the exempt position for cause. Any such offer of employment shall be made within 30 days of separation from the exempt position. For such employees entering the exempt service after July 1, 1994, their approved request for a leave of absence shall specify a request to return. Otherwise, the employee may be offered a classified position in State government if:
    1. the employee's approved request specifies a right to return to classified service;
    2. the classified position is vacant and is at the same or a lower pay grade as the employee's previous classified position; and
    3. the employee possesses the minimum qualifications required in the specification for that position class.
  4. If an employee accepts an offer of employment under subsection (c) of this section, and if the employee's approved request so specifies, the employee shall be entitled to the benefits of any increments to which he or she would have been entitled by reason of continuous service in a classified position, but for the appointment to the exempt position.
  5. Subject to the approval of the Governor, a classified employee who has satisfactorily completed any required probationary period, may be permitted to accept an assignment or appointment to fulfill the duties of an exempt position for a brief period of time, not to exceed one year, without having to resign or take a leave of absence from the classified service. Any such employee shall be compensated in accordance with compensation provisions applicable to the exempt position.

    Added 1987, No. 243 (Adj. Sess.), § 5, eff. June 13, 1988; amended 1993, No. 227 (Adj. Sess.), §§ 15, 16; 2003, No. 156 (Adj. Sess.), § 15.

History

Amendments--2003 (Adj. Sess.). Subsections (a), (c): Substituted "commissioner of human resources" for "commissioner of personnel".

Amendments--1993 (Adj. Sess.). Subsection (c): Rewrote the second sentence and added the third through fifth sentences in the introductory paragraph and substituted "grade" for "scale" following "pay" in subdiv. (2).

Subsection (e): Added.

Cross References

Cross references. Classified employees generally, see § 301 et seq. of this title.

§ 221. Hearing officers; rules.

  1. The Secretary of Administration shall adopt a rule to establish guidelines and oversight for hearing officers in the Executive Branch. As used in this section, "hearing officer" means a person employed by the State of Vermont whose exclusive duty is to resolve contested cases when a decision of an Executive Branch agency is challenged.
  2. The rule adopted pursuant to this section shall include provisions addressing the following topics:
    1. The rule shall include ethical standards for hearing officers. The ethical standards:
      1. may be based on the Model Code of Judicial Conduct for State Administrative Law Judges developed by the National Association of Administrative Law Judiciary;
      2. shall be made readily accessible to the public and to parties in administrative proceedings; and
      3. shall include provisions related to bias, impartiality and the appearance of impartiality, conflicts of interest, recusal and disqualification, confidentiality, and ex parte communications.
    2. The rule shall require the agency or department that employs the hearing officer to designate procedures for the receipt, consideration, and determination of complaints about the conduct of hearing officers. The procedures shall be provided to all parties in the matter.
    3. The rule shall ensure that all parties in proceedings presided over by a hearing officer are provided with a copy of the rules of procedure that apply to the proceedings. The rules shall prominently and specifically describe any appeal rights a party has and the procedure for filing an appeal.

      Added 2013, No. 185 (Adj. Sess.), § 2, eff. June 11, 2014.

CHAPTER 10. FEDERAL TAX INFORMATION

Sec.

§ 241. Background investigations.

  1. "Federal tax information" or "FTI" means returns and return information as defined in 26 U.S.C. § 6103(b) that are received directly from the Internal Revenue Service or obtained through an IRS-authorized secondary source, that are in the Recipient's possession or control, and that are subject to the confidentiality protections and safeguarding requirements of the Internal Revenue Code and corresponding federal regulations and guidance.
  2. As used in this chapter, "Recipient" means the following authorities of the Executive Branch of State government that receive FTI:
    1. Agency of Human Services, including:
      1. Department for Children and Families;
      2. Department of Health;
      3. Department of Mental Health; and
      4. Department of Vermont Health Access.
    2. Department of Labor.
    3. Department of Motor Vehicles.
    4. Department of Taxes.
    5. Agency of Digital Services.
    6. Department of Buildings and General Services.
    1. The Recipient shall conduct an initial background investigation of any individual, including a current or prospective employee, volunteer, contractor, or subcontractor, to whom the Recipient will permit access to FTI for the purpose of assessing the individual's fitness to be permitted access to FTI. (c) (1)  The Recipient shall conduct an initial background investigation of any individual, including a current or prospective employee, volunteer, contractor, or subcontractor, to whom the Recipient will permit access to FTI for the purpose of assessing the individual's fitness to be permitted access to FTI.
    2. The Recipient shall, at least every 10 years, conduct a periodic background reinvestigation of any employee, volunteer, contractor, or subcontractor to whom the Recipient permits access to FTI.
    3. The impact of the results of a background investigation performed pursuant to subdivision (1) of this subsection shall be the subject of impact bargaining between the State and the collective bargaining representative for the employee's bargaining unit to the extent required by any collective bargaining agreements between the parties.
  3. The Recipient shall request and obtain from the Vermont Crime Information Center (VCIC) the Federal Bureau of Investigation and State and local law enforcement criminal history records based on fingerprints for the purpose of conducting a background investigation under this section.
  4. The Recipient shall sign and keep a user agreement with the VCIC.
  5. A request made under subsection (d) of this section shall be accompanied by a release signed by the individual on a form provided by the VCIC, a set of the individual's fingerprints, and a fee established by the VCIC that shall reflect the cost of obtaining the record. The fee for a current or prospective employee shall be paid by the Recipient. The release form to be signed by the individual shall include a statement informing the individual of:
    1. the right to challenge the accuracy of the record by appealing to the VCIC pursuant to rules adopted by the Commissioner of Public Safety; and
    2. the Recipient's policy regarding background investigations and the maintenance and destruction of records.
  6. Upon completion of a criminal history record check under subsection (d) of this section, the VCIC shall send to the Recipient either a notice that no record exists or a copy of the record. If a copy of a criminal history record is received, the Recipient shall forward it to the individual and shall inform the individual in writing of:
    1. the right to challenge the accuracy of the record by appealing to the VCIC pursuant to rules adopted by the Commissioner of Public Safety; and
    2. the Recipient's policy regarding background investigations and the maintenance and destruction of records.
  7. Criminal history records and information received under this chapter are exempt from public inspection and copying under the Public Records Act and shall be kept confidential by the Recipient, except to the extent that federal or State law authorizes disclosure of such records or information to specifically designated persons.
  8. The Recipient shall adopt policies in consultation with the Department of Human Resources to carry out this chapter and to guide decisions based on the results of any background investigation conducted under this chapter.

    Added 2017, No. 73 , § 11, eff. June 13, 2017; amended 2019, No. 58 , § 1.

History

Former § 241. Former § 241, relating to the creation of the Department of Administration, was derived from 1959, No. 328 (Adj. Sess.), § 1. This section was previously repealed by 1987, No. 243 (Adj. Sess.), § 6.

Amendments--2019. Subdivs. (b)(5) and (6): Added.

Subsec. (c): Added the subdiv. (1) designation and inserted "individual, including a current or" preceding "prospective employee" in that subdiv., and added subdivs. (2) and (3).

§§ 242-250. Repealed. 1987, No. 243 (Adj. Sess.), § 6, eff. June 13, 1988.

History

Former §§ 242-250. Former § 242, relating to the organization of the department, was derived from 1959, No. 328 (Adj. Sess.), § 1.

Former § 243, relating to the commissioner of administration, was derived from 1959, No. 328 (Adj. Sess.), § 1, and amended by 1965, No. 125 , § 2.

Former § 244, relating to the duties of the secretary of administration, was derived from 1959, No. 328 (Adj. Sess.), § 1, and amended by 1965, No. 158 , § 1, and 1983, No. 195 (Adj. Sess.), § 1.

Former § 245, relating to the delegation of authority, was derived from 1959, No. 328 (Adj. Sess.), § 1, and amended by 1959, No. 331 (Adj. Sess.), § 14.

Former § 246, relating to the status of officers in the department, was derived from 1959, No. 328 (Adj. Sess.), § 1.

Former § 247, relating to the terms of officers in the department, was derived from 1959, No. 328 (Adj. Sess.), § 1.

Former § 248, relating to department reports, was derived from 1959, No. 328 (Adj. Sess.), § 1.

Former § 249, relating to compensation of members of boards and committees, was derived from 1959, No. 328 (Adj. Sess.), § 1, and amended by 1963, No. 193 , § 5.

Former § 249a, relating to charges for data processing services, was derived from 1961, No. 9 , § 1, and was previously repealed by 1983, No. 195 (Adj. Sess.), § 6.

Former § 250, relating to the operation of the department, was derived from 1959, No. 328 (Adj. Sess.), § 1.

For provisions relating to the agency of administration, see § 2201 et seq. of this title.

CHAPTER 11. STATE OFFICERS AND EMPLOYEES GENERALLY

Sec.

Cross References

Cross references. Claims against State employees, see § 1101 et seq. of this title.

Classification of State personnel, see § 301 et seq. of this title.

Deferred compensation programs for public employees, see § 650 et seq. of this title.

Executive Code of Ethics, see 3 App. V.S.A. E.O.04-00.

Insurance benefits for State employees, see § 631 et seq. of this title.

Social security for State and municipal employees, see § 571 et seq. of this title.

State Employees Labor Relations Act, see § 901 et seq. of this title.

Vermont Employees Retirement System, see § 455 et seq. of this title.

§ 251. Repealed. 2005, No. 215 (Adj. Sess.), § 55.

History

Former § 251. Former § 251, relating to bonded officials, was derived from V.S. 1947, § 479; P.L. § 442; 1933, No. 157 , § 383. 1931, No. 46 , § 1; 1927, No. 69 , § 1; 1925, No. 70 , § 4; 1923, No. 7 , §§ 6, 10, 37; 1919, No. 13 , § 1. G.L. §§ 412, 541, 542, 571, 589, 604, 952, 1639, 3183, 3867, 4330, 5030, 6038, 6073, 7148, 7484; 1917, No. 31 ; 1917, No. 115 , § 2; 1917, No. 168 , §§ 24, 59; 1917, No. 254 , §§ 404, 4909; 1915, No. 1 , §§ 46, 208; 1915, No. 1 4 , § 1. 1915, No. 125 ; 1915, No. 170 , § 3; 1912, No. 16 , § 3. 1912, No. 20 , § 1; 1912, No. 42 , § 21; 1912, No. 253 , § 7. 1910, No. 23 , § 1; 1908, No. 18 , § 1; P.L. §§ 313, 326, 373, 374, 404, 421, 678, 2715, 3367, 3775, 4595, 5044, 5086, 6002; R. 1906, § 283; 1906, No. 20 , § 3. 1906, No. 126 , § 6; 1906, No. 20 8, § 1; 1902, No. 157 , § 1; 1900, No. 69 , § 4; V.S. §§ 232, 241, 267, 268, 298, 312, 539, 2330, 2921, 3256, 3978, 4393, 4428, 5192. 1890, No. 73 , § 1; 1888, No. 72 ; 1888, No. 94 , § 11. 1888, No. 157 , § 1. R.L. §§ 169, 185, 186, 213, 442, 2023, 2599, 3756, 3781, 4353; 1876, No. 3 , § 6; 1876, No. 5 , § 2. 1876, No. 3 2 ; 1872, No. 1 , §§ 10, 28; 1872, No. 64 . 1870, No. 1 , §§ 4, 11; 1867, No. 32 , § 2; 1866, No. 10 , § 7; G.S. 8, §§ 2, 3, 42, 77; G.S. 12, § 67; G.S. 48, § 3; G.S. 123, § 3; 1862, No. 18 , § 4; 1847, No. 31 . 1842, No. 2 , § 15; R.S. 8, §§ 1, 2, 54; R.S. 11, § 60. R.S. 104, § 3. 1838, No. 24 , §§ 1, 7; 1836, No. 37 , §§ 1, 5; 1825, No. 1 , § 7; 1819, No. 25 ; 1816, p. 142. 1809, p. 87; 1808, p. 110; R. 1797, p. 485, § 15 and amended by 1959, No. 328 (Adj. Sess.), § 8(d); 1965, No. 194 , § 10, and 1967; 1983, No. 195 (Adj. Sess.), § 5(b).

Annotations from Former § 251

1. State employees.

The treasurer and employees of unemployment compensation commission are employees of state within meaning of this section. 1954-56 Op. Atty. Gen. 60.

§ 252. Cost of bonds; blanket bond.

The cost of such bonds shall be paid from the appropriations of the departments in which such officer or employee serves. In procuring such bonds the Governor is authorized to purchase blanket or schedule surety contracts with such company as he or she shall determine.

History

Source. V.S. 1947, § 480. P.L. § 443. 1933, No. 157 , § 384. 1931, No. 46 , § 1. 1919, No. 229 .

§ 253. Deputy officers.

  1. The following named commissioners, directors, and State officials may each appoint a deputy who shall perform such duties as the appointing official shall direct, with the approval of the Governor, remove him or her at pleasure and be responsible for his or her acts: Treasurer, Secretary of State, Auditor of Accounts, Labor, and Motor Vehicles.
  2. [Repealed.]
    1. The Commissioner of Financial Regulation, with the approval of the Governor, shall appoint a Deputy Commissioner of Banking, a Deputy Commissioner of Insurance, a Deputy Commissioner of Captive Insurance, and a Deputy Commissioner of Securities. The Commissioner of Financial Regulation may remove the deputy commissioners at pleasure and shall be responsible for their acts. The functions and duties that relate to banks and banking shall be in the charge of the Deputy Commissioner of Banking; those that relate to the business of insurance shall be in the charge of the Deputy Commissioner of Insurance; those that relate to the business of captive insurance shall be in the charge of the Deputy Commissioner of Captive Insurance; and those that relate to the business of securities shall be in the charge of the Deputy Commissioner of Securities. (c) (1)  The Commissioner of Financial Regulation, with the approval of the Governor, shall appoint a Deputy Commissioner of Banking, a Deputy Commissioner of Insurance, a Deputy Commissioner of Captive Insurance, and a Deputy Commissioner of Securities. The Commissioner of Financial Regulation may remove the deputy commissioners at pleasure and shall be responsible for their acts. The functions and duties that relate to banks and banking shall be in the charge of the Deputy Commissioner of Banking; those that relate to the business of insurance shall be in the charge of the Deputy Commissioner of Insurance; those that relate to the business of captive insurance shall be in the charge of the Deputy Commissioner of Captive Insurance; and those that relate to the business of securities shall be in the charge of the Deputy Commissioner of Securities.
    2. In the case of a vacancy in the Office of the Commissioner of Financial Regulation, one of the deputies appointed by the Commissioner shall assume and discharge the duties of that Office until the vacancy is filled or the Commissioner returns.
  3. In case a vacancy occurs in the office of any appointing official who by law is authorized to appoint a deputy, or such official is absent, his or her deputy shall assume and discharge the duties of such office until the vacancy is filled or the official returns.
    1. The Secretary of Agriculture, Food and Markets, with the approval of the Governor, shall appoint a Deputy Secretary. The Secretary of Agriculture, Food and Markets may remove the Deputy Secretary at pleasure, and he or she shall be responsible for the Deputy Secretary's acts. The Agency of Agriculture, Food and Markets shall be so organized that, subject to the supervision of the Secretary of Agriculture, Food and Markets, the functions and duties that relate to administration and enforcement shall be in the charge of the Deputy Secretary. (e) (1)  The Secretary of Agriculture, Food and Markets, with the approval of the Governor, shall appoint a Deputy Secretary. The Secretary of Agriculture, Food and Markets may remove the Deputy Secretary at pleasure, and he or she shall be responsible for the Deputy Secretary's acts. The Agency of Agriculture, Food and Markets shall be so organized that, subject to the supervision of the Secretary of Agriculture, Food and Markets, the functions and duties that relate to administration and enforcement shall be in the charge of the Deputy Secretary.
    2. In case a vacancy occurs in the Office of the Secretary of Agriculture, Food and Markets, the Deputy Secretary shall assume and discharge the duties of the Secretary until the vacancy is filled or the Secretary returns.
  4. All such appointments shall be in writing and recorded in the Office of the Secretary of State.

    Amended 1959, No. 328 (Adj. Sess.), § 2; 1959, No. 329 (Adj. Sess.), § 8, eff. March 1, 1961; 1965, No. 125 , § 14, eff. July 2, 1965; 1966, No. 11 (Sp. Sess.), eff. Feb. 23, 1966; 1967, No. 133 ; 1967, No. 319 (Adj. Sess.), § 4; 1973, No. 266 (Adj. Sess.), § 26, eff. April 16, 1974; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 243 (Adj. Sess.), § 7, eff. June 13, 1988; 1989, No. 54 , § 1; 1989, No. 54 , § 1; 1989, No. 225 (Adj. Sess.), §§ 23, 25a; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1995, No. 180 (Adj. Sess.), § 1; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 55 , § 10a, eff. June 4, 2003; 2009, No. 158 (Adj. Sess.), § 3; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2015, No. 23 , § 140.

History

Source. 1957, No. 240 , §§ 1, 3. 1953, No. 251 , § 13. 1949, No. 8 . V.S. 1947, § 482. 1947, No. 202 , § 485. 1939, No. 9 , § 4. P.L. § 445. 1933, No. 157 , § 386. 1931, No. 110 . 1927, No. 69 , § 1. 1927, No. 21 , § 1. 1925, No. 70 , § 4. 1923, No. 7 , § 3. 1923, No. 8 , §§ 3, 9. 1921, No. 166 . 1919, No. 147 , § 2. G.L. § 5754. 1917, No. 171 , § 7. G.L. § 5869. 1917, No. 30 , § 1. 1917, No. 178 , § 1. 1915, No. 1 , § 215. 1912, No. 175 , § 1. 1910, No. 161 , § 2. P.S. § 4903. V.S. § 4288. R.L. § 3701. G.S. 76, § 2. R.S. 69, §§ 2, 3. R. 1797, p. 400, § 1. R. 1787, p. 161.

2013. In subsection (a), substituted "Labor" for "labor and industry" in light of Executive Order No. 21-8.

In subsection (d), in the last sentence, substituted "Secretary of Agriculture, Food and Markets" for "commissioner of agriculture, food and markets" and thereafter substituted "Secretary" for "Commissioner" in the two places it appeared in accordance with 2003, No. 42 , § 2.

Amendments--2015. Subsections (c)-(e): Amended generally.

Amendments--2011 (Adj. Sess.). Subsections (c) and (d): Substituted "commissioner of financial regulation" for "commissioner of banking, insurance, securities, and health care administration".

Amendments--2009 (Adj. Sess.) Subsection (e): Deleted "and a deputy commissioner for agricultural development" following "enforcement" in the first sentence, substituted "commissioner" for "commissioners" and "the deputy commissioner's" for "their" in the second sentence, and deleted "and those that relate to agricultural development shall be in the charge of the deputy commissioner of agricultural development" following "enforcement" in the last sentence.

Amendments--2003. Subsection (c): Amended generally by Act No. 55.

Subsection (e): Act No. 42 substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" and "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Amendments--1995 (Adj. Sess.) Subsections (c), (d): Amended generally.

Amendments--1989 (Adj. Sess.). Subsection (c): Act No. 225 substituted "commissioner of banking, insurance, and securities" for "commissioner of banking and insurance" in the first, second and third sentences and "department of banking, insurance, and securities" for "department of banking and insurance" in the third sentence, inserted "and a deputy commissioner of securities" following "deputy commissioner of insurance" in the first sentence and added "and those that relate to the business of securities shall be in charge of the deputy commissioner of securities" following "commissioner of insurance" in the third sentence.

Subsection (d): Act No. 225 substituted "commissioner of banking, insurance, and securities" for "commissioner of banking and insurance" in the first sentence.

Subsection (e): Act No. 256 substituted "department of agriculture, food and markets" for "department of agriculture" in the third sentence.

Amendments--1989. Deleted "agriculture" following "accounts" in subsec. (a), added the second sentence in subsec. (d), added a new subsec. (e) and redesignated former subsec. (e) as subsec. (f).

Amendments--1987 (Adj. Sess.). Subsection (a): Inserted "or her" following "governor, remove him" and preceding "acts: treasurer" and "and" preceding "motor vehicles" and deleted "corrections, taxes, fish and wildlife and environmental conservation" thereafter.

Subsection (b): Repealed.

Subsection (c): Inserted "or she" following "pleasure and he" in the second sentence.

Subsection (d): Substituted "any" for "such" preceding "appointing official" and inserted "who by law is authorized to appoint a deputy" thereafter and "or her" following "therefrom, his" and preceding "shall assume".

Amendments--1983 (Adj. Sess.). Subsection (a): Substituted "wildlife" for "game" following "fish and".

Amendments--1973 (Adj. Sess.). Subsection (f): Repealed.

Amendments--1967 (Adj. Sess.). Subsection (a): Substituted "corrections" for "institutions" following "motor vehicles".

Amendments--1967. Subsection (a): Added "and water resources" following "fish and game".

Amendments--1966 (Sp. Sess.). Subsection (f): Added "or any statute authorizing appointment of a deputy state officer or deputy department head" preceding "may request" in first sentence.

Amendments--1965. Subsection (a): Deleted "and fix his pay, both" following "shall direct" and "state forester, director of standards, and the state fire marshal" following "fish and game".

Subsection (c): Deleted "and fix the compensation of" following "appoint" in the first sentence.

Amendments--1959 (Adj. Sess.). Subsection (a): Act No. 328 deleted "personnel director, the purchasing agent and the sergeant at arms" following "director of standards".

Subsection (f): Amended generally by Act No. 329.

Cross References

Cross references. Deputies excepted from classified service, see § 311 of this title.

Deputy Attorney General, see § 153 of this title.

ANNOTATIONS

1. Prior law.

Classified employee who is appointed to nonclassified position but who resigned from classified job prior to appointment would not be entitled to reinstatement in classified service upon his leaving nonclassified position and would lose benefits of former subsection (f) of this section. 1962-64 Op. Atty. Gen. 157.

Subsection (f) of this section as amended by 1959, No. 329 (Adj. Sess.), § 8 did not cause commissioner of banking and insurance, with 26 years of service as a deputy commissioner appointed under subsec. (c) of this section but with no service as a classified employee, to lose his rights to classification and pay in grade 14 of state's classified service which he became entitled to by former subsection (f) of this section. 1962-64 Op. Atty. Gen. 48.

While former subsection (f) of this section provided that deputies would not have rights of tenure, since it also provided that deputies who had served in that capacity for at least 10 years would, upon termination of their duties, be assigned other duties in same grade classification, such deputies did have tenure in state service. 1956-58 Op. Atty. Gen. 106.

§ 254. Term of officer elected by General Assembly.

The term of an officer elected by the General Assembly shall commence on March 1 in the year of such election and continue, if no other term is fixed by law, for the term of two years from and including such first day of March, and until his or her successor is elected and has qualified.

Amended 1985, No. 196 (Adj. Sess.), § 12.

History

Source. V.S. 1947, § 483. P.L. § 446. 1933, No. 157 , § 387. 1919, No. 14 , § 1. G.L. § 424. 1917, No. 254 , § 417. 1915, No. 1 , §§ 47, 208. 1912, No. 16 , §§ 1, 2. P.S. §§ 327, 6196. V.S. §§ 242, 5351. 1886, No. 108 , § 1. R.L. § 4493. 1870, No. 1 , § 19.

Amendments--1985 (Adj. Sess.). Substituted "March" for "February" in two places and inserted "or her" following "his".

§ 255. Term of officer appointed without advice and consent of Senate.

The term of an officer appointed by the Governor, without the advice and consent of the Senate, shall commence on the day when such appointee qualifies, and shall continue, where no other term is fixed by law, until March 1 of the next biennial year and until his successor is appointed and has qualified.

History

Source. V.S. 1947, § 484. 1947, No. 202 , § 1943, No. 8 , § 3. P.L. § 447. 1933, No. 157 , § 388. 1923, No. 7 , § 3. 1923, No. 8 , § 3. 1919, No. 14 , § 1. G.L. § 424. 1917, No. 254 , § 417. 1915, No. 1 , §§ 47, 208. 1912, No. 16 , §§ 1, 2. P.S. §§ 327, 6196. V.S. §§ 242, 5351. 1886, No. 108 , § 1. R.L. § 4493. 1870, No. 1 , § 19.

ANNOTATIONS

1. Limitation.

This section is limited to those appointments which do not require senate confirmation and does not enable governor to appoint a person, without senate confirmation, to replace an incumbent who is holding over in office. 1962-64 Op. Atty. Gen. 127.

§ 256. Term of officer appointed with advice and consent of Senate.

  1. Whenever it is provided by law that an office shall be filled by appointment with the advice and consent of the Senate, such appointment shall be made during the month of February, and the term of office of a person so appointed shall commence on the first day of March thereafter.
  2. Notwithstanding any other provision of law, all secretaries of State agencies and all commissioners of State departments shall take office only with the advice and consent of the Senate except in the case of an appointment to fill a vacancy when the General Assembly is not in session in which case the appointee may take office subject to the provisions of section 257 of this title.

    Amended 1975, No. 84 , § 1, eff. April 24, 1975; 2013, No. 92 (Adj. Sess.), §§ 247, 302, eff. Feb. 14, 2014.

History

Source. V.S. 1947, § 485. 1943, No. 8 , § 1.

Amendments--2013 (Adj. Sess.). Subsection (b): Deleted "other than the commissioner of education," following "departments".

Amendments--1975. Designated existing provisions of section as subsec. (a), deleted "by the governor" preceding "with the advice" in that subsection, and added subsec. (b).

ANNOTATIONS

1. Time of appointment.

A person may validly be appointed to a position requiring senate confirmation not only in February, but at any time during regular session of legislature, if such appointment is confirmed by the senate. 1962-64 Op. Atty. Gen. 127.

Cited. In re Vermont Marble Co., 162 Vt. 355, 648 A.2d 381 (1994).

§ 257. Appointments and vacancies requiring advice and consent of Senate.

  1. Appointments required to be made pursuant to section 256 of this title in the month of February, with the advice and consent of the Senate, shall be valid if made and confirmed at any time during the then regular biennial session of the General Assembly. If not made and confirmed in such month of February, the term of office of the person appointed and confirmed thereafter shall extend to and include the day whereon his or her term would expire had he or she been appointed and confirmed in such month of February.
  2. When a vacancy occurs in an office requiring appointment with the advice and consent of the Senate, an appointment may be made to fill the vacancy.  If the appointment to fill the vacancy is made during any adjournment of the General Assembly the person appointed may validly function in that office during adjournment until the Senate convenes at the next regular, adjourned, or special session and acts upon the appointment submitted forthwith by the Governor; or if the appointment to fill the vacancy is made during any session of the General Assembly, the person appointed may validly function in that office until the Senate shall act upon the appointment submitted forthwith by the Governor.  Thereafter the appointee shall continue in office if the Senate consents to the appointment.

    Amended 1975, No. 84 , § 2, eff. April 24, 1975; 1977, No. 178 (Adj. Sess.).

History

Source. V.S. 1947, § 487. 1943, No. 8 , § 4. P.L. § 449. G.L. § 425. 1915, No. 112 , §§ 1, 2.

Revision note. Undesignated paragraphs were designated as subsecs. (a) and (b) to conform section to V.S.A. style.

Amendments--1977 (Adj. Sess.). Subsection (b): Amended generally.

Amendments--1975. Subsection (a): Substituted "pursuant to section 256 of this title" for "by the governor biennially" preceding "in the month" in the first sentence.

Subsection (b): Amended generally.

ANNOTATIONS

Analysis

1. Vacancy after adjournment.

If vacancy in an office requiring senate confirmation of appointee occurs after legislature has adjourned, governor has power to fill such vacancy without senate confirmation. 1962-64 Op. Atty. Gen. 127.

If incumbent to an office requiring senate confirmation is not removed by governor after term of incumbent has expired, the office does not become vacant and governor has no power to appoint a person to replace such incumbent after legislature has adjourned. 1962-64 Op. Atty. Gen. 127.

2. Reappointment after rejection by senate.

Immediately upon being rejected by Senate, governor's appointees to environmental board were without authority to exercise prospectively the powers of board members, although governor's subsequent reappointment of these individuals clothed them with power to act until Senate decided again on their confirmation. Op. Atty. Gen. 94-2F.

§ 258. Removal of civil officers.

The Governor may remove any civil officer whose appointment devolves upon the Governor in the first instance, whether appointed by him or her or any of his or her predecessors, with or without the advice and consent of the Senate, and appoint a suitable person to succeed such official, subject to removal in his or her discretion, who shall be sworn and give the bond, if any, required by law. Such person, unless sooner removed, shall perform the duties and be entitled to the pay of the person whom he or she succeeds, until March 1 of the next biennial year and until his or her successor is appointed and has qualified.

History

Source. V.S. 1947, § 486. P.L. § 448. 1933, No. 157 , § 389. 1923, No. 5 , § 1. G.L. § 356. 1915, No. 1 , § 43. P.S. § 280. R. 1906, § 252. 1896, No. 67 , § 4.

ANNOTATIONS

Analysis

1. Hearing.

Since there is no statutory provision for a hearing prior to removal of commissioner of agriculture, an incumbent can be removed in discretion of governor. 1962-64 Op. Atty. Gen. 127.

The right to notice and hearing under section 102 of Title 7 on removal of member of liquor control board is not based on common law principles and is not guaranteed by any constitutional provision, but is merely what might be termed a gratuity on the part of the legislature. Emerson v. Hughes, 117 Vt. 270, 90 A.2d 910 (1952).

Under this section, the provision of section 3 of Title 30 for appointment of members of public service commission [now board] for terms of six years means that they shall hold their offices during the pleasure of the governor, but in no event longer than six years, and the governor may remove any or all members without hearing. McFeeters v. Parker, 113 Vt. 139, 30 A.2d 300 (1943).

2. Holding over.

Removal of commissioner of agriculture after expiration of his term of office pursuant to this section is not in conflict with holding over provisions of section 259 of this title. 1962-64 Op. Atty. Gen. 127.

§ 259. Holding over.

Each State and county officer elected or appointed for a definite term, unless other provision is made by the Constitution or under the express terms of a statute, shall continue to exercise the duties of such office until a successor is duly elected or appointed and has qualified.

History

Source. V.S. 1947, § 488. P.L. § 450. 1933, No. 157 , § 391. G.L. § 426. P.S. § 328. V.S. § 243. 1886, No. 108 , § 2.

ANNOTATIONS

Analysis

1. Construction.

This section does not apply in instances where an express date of termination is set forth in the statute which provides for filling of vacancies in office. 1950-52 Op. Atty. Gen. 99.

Position of game warden provided by statute is not an office within meaning of this section. 1946-48 Op. Atty. Gen. 135.

2. Construction with other laws.

Removal of civil officers by Governor, as provided by express terms of section 258 of this title, limits the operation of this section. 1962-64 Op. Atty. Gen. 127.

Cited. , Op. Atty. Gen. 94-2F.

§ 260. Location of offices.

  1. The following State officers shall have their offices in Montpelier in quarters to be designated from time to time by the Governor: the Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General.
  2. The principal office of each administrative department shall be located at such location as the Secretary of Administration determines with the approval of the Governor, except that the principal Office of the Military Department shall be at Camp Johnson.
  3. The principal office of each of the following boards and divisions shall be located in Montpelier: Division for Historic Preservation and Board of Libraries.
  4. If either Montpelier, Burlington, or Camp Johnson, in the opinion of the Governor, becomes an unsafe place because of an enemy attack or threatened attack upon the United States or Canada, such offices, while such unsafe condition is continued, may be located elsewhere in quarters to be designated from time to time by him or her.
  5. This section shall not apply to the State House, the use of which shall be under the exclusive direction of the General Assembly.

    Amended 1959, No. 12 , § 1, eff. March 4, 1959; 1959, No. 329 (Adj. Sess.), § 5, eff. March 1, 1961; 1961, No. 1 , eff. Feb. 3, 1961; 1971, No. 213 (Adj. Sess.), § 4, eff. April 3, 1972; 1975, No. 114 , § 12; 2007, No. 200 (Adj. Sess.), § 34, June 9, 2008; 2015, No. 97 (Adj. Sess.), § 2.

History

Source. V.S. 1947, § 489. 1947, No. 202 , § 493. P.L. § 451. 1923, No. 7 , § 35. G.L. § 662. 1917, No. 35 , § 1.

Amendments--2015 (Adj. Sess.). Subsec. (c): Substituted "Division for Historic Preservation and Board of Libraries" for "Aeronautics Board, Division for Historic Preservation, Board of Libraries, and Division of Recreation".

Amendments--2007 (Adj. Sess.). Subsection (b): Substituted "except that the principal office of the military department shall be at Camp Johnson" for "except that the principal office of the health department shall be in Burlington, and the military department at Camp Johnson".

Amendments--1975. Subsection (b): Substituted "at such location as the secretary of the agency of administration determines with the approval of the governor" for "in Montpelier" preceding "except".

Amendments--1971 (Adj. Sess.). Subsection (e): Added.

Amendments--1961. Subsection (d): Added.

Amendments--1959 (Adj. Sess.). Amended section generally.

Amendments--1959. Amended section generally.

§ 261. Officers of State institutions.

A trustee or supervisor of a State institution, except the University of Vermont and State Agricultural College, shall not be employed in any capacity in such institution, nor shall the Commissioner of Corrections be employed in any capacity in any State institution over which he or she has supervision or charge. If such an officer accepts employment in a State institution contrary to the provisions of this section, his or her office shall be vacant.

Amended 1967, No. 106 , § 2.

History

Source. V.S. 1947, § 491. P.L. § 453. G.L. § 427. 1917, No. 115 , § 2. P.S. § 329. 1906, No. 191 , § 1. 1906, No. 105 , § 4. V.S. § 244. 1892, No. 105 , § 1.

Amendments--1967. Substituted "corrections" for "institutions" following "commissioner of" in the first sentence.

§ 262. Employment of aliens.

No department or commission of the State government shall regularly employ an alien. However, physicians or other qualified health personnel required to have specialized or graduate training, each of whom has filed a declaration of intention to become a citizen, may be considered as eligible for employment in the absence of a register of qualified applicants for vacancies. The Commissioner of Corrections may employ alien physicians in a postgraduate training position for a period not to exceed two years. The Secretary of Transportation, as an emergency measure due to a nationwide shortage of engineers may employ not more than 10 qualified aliens, each of whom has filed a declaration to become a citizen; admitted under the Refugee Relief Act of 1953, as amended, or paroled in under the Immigration and Nationality Act of 1952, for a period not to exceed five years from date of appointment as a State employee, in engineering positions in the Agency of Transportation to expedite the surveying, designing and construction of Vermont highways and bridges. The Department of Development may employ outside the classified service aliens in any office located outside the United States, providing the individuals so employed are citizens of the nation in which the office is located.

Amended 1963, No. 88 , eff. May 10, 1963; 1967, No. 79 , eff. April 12, 1967; 1967, No. 106 , § 2; 1969, No. 213 (Adj. Sess.), eff. March 25, 1970.

History

Source. 1957, No. 270 . 1957, No. 33 . V.S. 1947, § 534. 1941, No. 208 , § 1.

Reference in text. The Refugee Relief Act of 1953, referred to in this section, was Act Aug. 7, 1953, c. 336, 67 Stat. 400, formerly codified as 50 App. U.S.C. § 1971 et seq.

The Immigration and Nationality Act of 1952, referred to in this section, is codified as 8 U.S.C. § 1101 et seq.

Amendments--1969 (Adj. Sess.). Added the last sentence.

Amendments--1967. Act No. 79 rewrote the second sentence.

Act No. 106 substituted "corrections" for "institutions" following "commissioner of" in the third sentence.

Amendments--1963. Amended section generally.

ANNOTATIONS

Analysis

1. Constitutionality.

Since no compelling state interest exists to justify this section's discrimination against aliens, it is unconstitutional under the fourteenth amendment of the United States Constitution. Teitscheid v. Leopold, 342 F. Supp. 299 (D. Vt. 1972).

Since denial of work to aliens in Vermont clearly creates a burden on them which Congress did not anticipate and which impinges on the federal immigration process, this section is unconstitutional under the supremacy clause of the United States Constitution. Teitscheid v. Leopold, 342 F. Supp. 299 (D. Vt. 1972).

2. Place of employment.

This section has basic reference to hiring aliens within Vermont and does not prohibit hiring a Canadian citizen for employment in Canada. 1956-58 Op. Atty. Gen. 221.

3. Eligibility for employment.

If an alien is to be eligible for employment by the state, he must demonstrate conclusively that he has filed a petition for naturalization, pursuant to 8 U.S.C. § 1427 and § 1445, or that he has in fact already been granted citizenship. 1956-58 Op. Atty. Gen. 163.

§ 263. Employees entering armed forces.

  1. A person in the permanent employ of the State of Vermont who is or has been inducted or ordered into the active service of the U.S. Armed Forces or who voluntarily enlists or was enlisted in such service in time of war or national emergency, or who is ordered to active duty as a member of a reserve component of the U.S. Armed Forces and thus for any of these causes leaves a permanent position, shall be restored to such position or to a position of like seniority, status, and class, or the nearest approximation thereto as he or she would have had if he or she had been continually employed by the State, provided such person;
    1. terminates such service or active duty with the U.S. Armed Forces at the conclusion of his or her initial period of service or tour of duty, together with involuntary extensions thereof, and furnishes a certificate or other valid evidence of satisfactory completion of such military service;
    2. is still qualified to perform the duties of his or her position with the State; and
    3. makes application for reemployment within 90 days after being relieved of such military service.
  2. If a person returning to a position in State employment under the provisions of subsection (a) of this section is not qualified to perform the duties of such position by reason of disability sustained during such service but is qualified to perform the duties of some other position in the employ of the State which is vacant, such person shall be assigned to such other position so as to provide him or her with the same seniority, status and class, or the nearest approximation thereof as he or she would have had if he or she had been continuously employed by the State.
  3. The words permanent employment shall not be construed as including any position which is elective or appointive wherein a term of office has expired.

History

Source. 1953, No. 184 . 1951, No. 12 , §§ 1-3.

ANNOTATIONS

Analysis

1. Legislative intent.

The legislative intent seems to grant the rights enumerated under this section to those who otherwise qualify and become members of the armed forces against their wishes, as well as to grant the same rights to those who become such members on a voluntary basis in time of war or national emergency. 1962-64 Op. Atty. Gen. 273.

2. Scope.

A volunteer for duty with United States public health service is not covered by this section, since such service is not a component of the armed forces of the United States. 1952-54 Op. Atty. Gen. 177.

§ 264. Accumulated sick leave.

An employee who has an accumulated sick leave balance shall be authorized its use although recovery and return to duty is impossible. However, periodically, at the request of the appointing authority or representative, the disability or illness and inability to perform position requirements, must be certified to by a licensed physician or osteopath. No sick leave shall be authorized beyond mandatory retirement age under the Retirement System.

Added 1971, No. 231 (Adj. Sess.), § 1.

§ 265. Certified emergency volunteer leave.

  1. Any State employee who is a certified disaster relief service volunteer of the American Red Cross may, with the authorization of the employee's supervisor, be granted leave not to exceed 15 working days in any fiscal year to participate in specialized disaster relief service work if:
    1. the request for service is made by the American Red Cross; and
      1. the disaster relief services are to be performed in Vermont; or (2) (A) the disaster relief services are to be performed in Vermont; or
      2. the disaster is a federal or presidentially declared disaster designated as Level III or above according to the American National Red Cross regulations and procedures; or
      3. the disaster is declared by the governor of a state or territory.
  2. An employee granted leave under this section shall not lose seniority, accumulated vacation leave, sick leave, or earned overtime. In addition, the employee shall be paid the employee's regular pay based on regular work hours during the leave, provided that the disaster relief services are performed in Vermont or the services are performed in another state and pay during such service is authorized by the Governor.
  3. The State shall not be liable for workers' compensation claims of the employee arising out of the disaster relief service work.

    Added 1995, No. 115 (Adj. Sess.), § 1, eff. Apr. 23, 1996.

§ 266. Repealed. 2009, No. 149 (Adj. Sess.), § 2.

History

Former § 266. Former § 266, relating to the Vermont State and Judiciary Employees' Cost-Savings Incentive Program, was derived from 2009, No. 149 (Adj. Sess.), § 1.

§ 267. Executive officers; postemployment restrictions.

  1. Prior participation while in State employ.
    1. An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which:
      1. the State is a party or has a direct and substantial interest; and
      2. the Executive officer had participated personally and substantively while in State employ.
    2. The prohibition set forth in subdivision (1) of this subsection applies to any matter the Executive officer directly handled, supervised, or managed, or gave substantial input, advice, or comment, or benefited from, either through discussing, attending meetings on, or reviewing materials prepared regarding the matter.
  2. Prior official responsibility.  An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which the officer had exercised any official responsibility.
  3. Exemption.  The prohibitions set forth in subsections (a) and (b) of this section shall not apply if the former Executive officer's only role as an advocate would exempt that former officer from registration and reporting under 2 V.S.A. § 262 .
  4. Public body enforcement.  A public body shall disqualify a former Executive officer from his or her appearance or participation in a particular matter if the officer's appearance or participation is prohibited under this section.
  5. Definitions.  As used in this section:
    1. "Advocate" means a person who assists, defends, or pleads.
    2. "Executive officer" means:
      1. the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General; or
      2. under the Office of the Governor, an agency secretary or deputy or a department commissioner or deputy.
    3. "Private entity" means any person, corporation, partnership, joint venture, or association, whether organized for profit or not for profit, except one specifically chartered by the State of Vermont or that relies upon taxes for at least 50 percent of its revenues.
    4. "Public body" means any agency, department, division, or office and any board or commission of any such entity, or any independent board or commission, in the Executive Branch of the State.

      Added 2017, No. 79 , § 2.

History

Applicability of employment restrictions. 2017, No. 79 , § 8 provides: "The provisions of Secs. 1 and 2 of this act [which amended this section and 2 V.S.A. § 266] that restrict employment shall not apply to any such employment in effect on the effective date of those sections [July 1, 2017]."

§ 268. Boards and commissions; Sunset Advisory Commission. Section 268 repealed effective January 4, 2023.

  1. Creation.
    1. There is created the Sunset Advisory Commission to review existing State boards and commissions, to recommend the elimination of any board or commission that it deems no longer necessary or the revision of any of the powers and duties of a board or commission, and to recommend whether members of the boards and commissions should be entitled to receive per diem compensation.
    2. As used in this section, "State boards and commissions" means professional or occupational licensing boards or commissions, advisory boards or commissions, appeals boards, promotional boards, interstate boards, supervisory boards and councils, and any other boards or commissions of the State.
  2. Membership.
    1. The Commission shall be composed of the following six members:
      1. two current members of the House of Representatives who shall not both be from the same political party and one of whom shall be appointed co-chair, who shall be appointed by the Speaker of the House;
      2. two current members of the Senate, who shall not both be from the same political party and one of whom shall be appointed co-chair, who shall be appointed by the Committee on Committees; and
      3. two persons appointed by the Governor.
    2. Members shall be appointed at the beginning of each biennium. A member shall serve biennially and until his or her successor is appointed, except that a legislative member's term on the Commission shall expire on the date he or she ceases to be a member of the General Assembly.
  3. Powers and duties.  The Commission shall have the following powers and duties:
    1. Inventory; group; review schedule.
        1. The Commission shall inventory all of the State boards and commissions, organize them into groups, and establish a schedule to conduct a review of one group each biennium. (A) (i) The Commission shall inventory all of the State boards and commissions, organize them into groups, and establish a schedule to conduct a review of one group each biennium.
        2. The inventory shall include the names of the members of the State boards and commissions, their term length and expiration, and their appointing authority.
      1. The Commission shall provide its inventory of the State boards and commissions to the Secretary of State for the Secretary to maintain as set forth in section 116a of this title.
    2. Biennial review.
      1. Each biennium, the Commission shall review all of the State boards and commissions within one of its inventoried groups and shall take testimony regarding whether each of those boards and commissions should continue to operate or be eliminated and whether the powers and duties of any of those boards and commissions should be revised.
      2. In its review of each State board and commission, the Commission shall consider:
        1. the purpose of the board or commission and whether that purpose is still needed;
        2. how well the board or commission performs in executing that purpose; and
        3. if the purpose is still needed, whether State government would be more effective and efficient if the purpose were executed in a different manner.
      3. Each board and commission shall have the burden of justifying its continued operation.
      4. For any board or commission that the Commission determines should continue to operate, the Commission shall also determine whether members of that board or commission should be entitled to receive per diem compensation and if so, the amount of that compensation.
    3. Biennial report.  On or before the end of the biennium during which it reviews a group, the Commission shall submit to the House and Senate Committees on Government Operations its findings, any recommendation to eliminate a State board or commission within that group or to revise the powers and duties of a board or commission within the group, its recommendations regarding board or commission member per diem compensation, and any other recommendations for legislative action. The Commission shall also specifically recommend whether there should be changes to the information the Secretary of State provides in his or her inventory of the State boards and commissions as set forth in 3 V.S.A. § 116a . The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
  4. Assistance.  The Commission shall have the administrative, technical, and legal assistance of the Office of Legislative Counsel, the Office of Legislative Operations, the Joint Fiscal Office, and the Agency of Administration.
  5. Compensation and expense reimbursement.
    1. For attendance at meetings during adjournment of the General Assembly, a legislative member of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 2 V.S.A. § 23 for not more than five meetings per year. These payments shall be made from monies appropriated to the General Assembly.
    2. Other members of the Commission shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than five meetings per year. These payments shall be made from monies appropriated to the Agency of Administration.

      Added 2018, No. 2 (Sp. Sess.), § 9; repealed on Jan. 4, 2023 by 2018, No. 2 (Sp. Sess.), § 11; 2019, No. 144 (Adj. Sess.), § 18.

History

2020. In subdiv. (e)(1), substituted "2 V.S.A. § 23" for "2 V.S.A. § 406" in accordance with 2019, No. 144 (Adj. Sess.), § 12(2).

Amendments--2019 (Adj. Sess.). Subsec. (d): Substituted "Counsel, the Office of Legislative Operations," for "Council".

Sunset of section. 2018, No. 2 (Sp. Sess.), § 11 provides: "3 V.S.A. § 268 (boards and commissions; Sunset Advisory Commission) is repealed on January 4, 2023."

CHAPTER 13. CLASSIFICATION OF STATE PERSONNEL

Sec.

Cross References

Cross references. Leave of absence and reemployment of classified employees in exempt position, see § 220 of this title.

§§ 301, 302. Repealed. 1987, No. 243 (Adj. Sess.), § 8, eff. June 13, 1988.

History

Former §§ 301, 302. Former § 301, relating to the personnel department, was derived from 1951, No. 10 , § 1; V.S. 1947, § 511; 1947, No. 4 , § 1; 1941, No. 205 , § 1, and amended by 1959, No. 331 (Adj. Sess.), § 1; 1961, No. 177 , § 1; 1965, No. 125 , § 3; 1969, No. 113 , § 2, and 1981, No. 249 (Adj. Sess.), § 22.

Former § 302, relating to the department of agency of administration, was derived from 1959, No. 328 (Adj. Sess.), § 9.

For present provision relating to the department of personnel, see § 2283 of this title.

§§ 303-305. Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.

History

Former §§ 303-305. Former § 303, relating to qualifications of personnel board and commissioner of personnel, was derived from 1959, No. 331 (Adj. Sess.), § 2a and amended by 1969, No. 113 , § 3.

Former § 304, relating to compensation of personnel board, was derived from 1963, No. 193 , § 26.

Former § 305, relating to duties of personnel board, was derived from 1957, No. 240 , § 3; 1953, No. 251 , § 3 and amended by 1959, No. 331 (Adj. Sess.), § 2.

§§ 306, 307. Repealed. 1969, No. 113, § 7.

History

Former §§ 306, 307. Former § 306, relating to duties of personnel board of appeals, was derived from 1959, No. 331 (Adj. Sess.), § 3 and amended by 1961, No. 177 , § 2.

Former § 307, relating to compensation of personnel appeals board, was derived from 1963, No. 193 , § 27.

§ 308. Repealed. 1959, No. 331 (Adj. Sess.), § 15, eff. Feb. 9, 1960.

History

Former § 308. Former § 308, relating to personnel director, was derived from V.S. 1947, § 512; 1947, No. 4 , § 2; 1941, No. 205 , § 1.

§ 309. Duties of Commissioner of Human Resources.

  1. The Commissioner, as administrative head of the Department, shall direct and supervise all its administrative and technical activities.  In addition to the duties imposed elsewhere in this chapter, it shall be the Commissioner's duty:
    1. To apply and carry out this chapter and the rules adopted thereunder.
    2. To establish and maintain a roster of all classified employees in the State civil service, in which there shall be set forth, as to each employee, the class title, pay or status and other pertinent data.
    3. To foster and develop, in cooperation with the appointing authorities, programs for the improvement of employee effectiveness, including orientation, training, safety, health, counseling, and welfare.
    4. To encourage and aid in the development of effective personnel administration within the several departments in the State service, and to make available the facilities of the Department of Human Resources to this end.
    5. To investigate from time to time the operation and effect of this chapter and of the rules made thereunder and to report his or her findings to the Secretary of Administration and to the Governor.
    6. To make such reports regarding the work of the Department of Human Resources as the Commissioner may consider desirable and as may be required of the Commissioner to the Secretary of Administration and to the Governor.
    7. To maintain a continuous study of the status and availability of temporary employees, to receive and maintain adequate records and reports as to those employees, and cooperate with the State employment service in establishing lists of persons available for temporary employment.
    8. To establish a standard reporting form on contractual employees and to receive and maintain records indicating their status.
    9. To establish an employee census report providing for the systematic and regular accounting of all persons employed by the State in all categories of employment.
    10. To maintain registers of persons eligible for employment and to verify the availability of those persons certified to an appointing authority.
    11. To cooperate with all State agencies in initiating and maintaining a trainee-internship program, a recruitment program for clerical, administrative, and professional positions, which shall include visits to Vermont high schools, colleges, and universities.
    12. To design and make available to all State agencies service rating forms.
    13. To compile and publish a manual, which shall be kept current, containing the pertinent statutes, rules, and regulations of the Department of Human Resources and its rules of procedure and forms prescribed for use by rule or regulation.
    14. To perform any other lawful act that may be necessary and proper to carry out the purposes and provisions of this chapter.
    15. With the approval of the Governor, the Commissioner may appoint and employ a general legal counsel, to be exempt from the classified service, and who shall report directly to the Commissioner of Human Resources.
    16. -(18) [Repealed.]

      (19) Annually on or before January 15, the Commissioner of Human Resources shall submit to the General Assembly a report on the status of the State employee workforce. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. All reporting on numbers of State employees shall include numbers stated in "full-time equivalent" positions. The report shall consolidate reports mandated by the General Assembly, as well as other information regarding developments in State employment, including:

      1. use of temporary employees;
      2. use of limited service positions;
      3. vacancies of more than six months' duration;
      4. use of emergency volunteer leave under section 265 of this title;
      5. development of compensation plans;
      6. developments in equal employment opportunity;
      7. use of the position management system;
      8. abolished or transferred classified and exempt State positions.

        (20) To maintain a central payroll office, personnel earnings records, and records on authorized deductions.

        (21) To certify, by voucher, to the Commissioner of Finance and Management all necessary and appropriate disbursements associated with the payroll function.

  2. The Commissioner, with the approval of the Secretary of Administration, may from time to time designate in writing an employee of the Department of Human Resources to act for him or her in case of his or her absence or temporary inability from any cause to discharge the powers and duties of the Commissioner's office.  In that case the powers and duties of the Commissioner shall devolve upon his or her representative.
  3. The Commissioner may designate appropriate persons, including officers and employees in State service, to assist in the preparation and rating of tests.  An appointing authority may excuse any employee in the division or department from regular duties for the time required for work as an examiner.  Such officers and employees shall not be entitled to extra pay for their services as examiners but shall be entitled to reimbursement for necessary travel and other expenses.

    Amended 1959, No. 331 (Adj. Sess.), § 4, eff. Feb. 9, 1960; 1961, No. 177 , § 3; 1971, No. 191 (Adj. Sess.), § 16; 1981, No. 249 (Adj. Sess.), § 23, eff. July 4, 1982; 1993, No. 210 (Adj. Sess.), § 12; 1995, No. 123 (Adj. Sess.), § 2, eff. June 6, 1996; 1997, No. 28 , § 11, eff. May 15, 1997; 1999, No. 145 (Adj. Sess.), § 1; 2001, No. 142 (Adj. Sess.), § 302b; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7 , § 8; 2013, No. 142 (Adj. Sess.), § 6; 2015, No. 172 (Adj. Sess.), § E.108.3, eff. June 8, 2016.

History

Source. 1953, No. 251 , § 4.

Amendments--2015 (Adj. Sess.). Subsec. (a): Added subdivs. (20) and (21).

Amendments--2013 (Adj. Sess.). Subdivision (a)(19): Added the second, third, and fourth sentences.

Amendments--2007. Subdivisions (a)(16)-(18): Repealed.

Amendments--2003 (Adj. Sess.). Subdivisions (a)(4), (6), (13): Substituted "department of human resources" for "department of personnel".

Substituted "commissioner of human resources" for "commissioner of personnel" in the catchline of the section and in subdivs. (a)(15) and (19).

Subsection (b): Substituted "department of human resources" for "department of personnel".

Amendments--2001 (Adj. Sess.) Subdivision (a)(19): Added the second sentence.

Amendments--1999 (Adj. Sess.). Subdivision (a)(19): Substituted "employee workforce" for "employee work force" in the first sentence of the introductory paragraph and added subdivs. (G) and (H).

Amendments--1997 Subdivision (a)(19): Added.

Amendments--1995 (Adj. Sess.) Subdivisions (a)(16)-(18): Added.

Amendments--1993 (Adj. Sess.). Subdivision (a)(15): Added.

Amendments--1981 (Adj. Sess.). Subsection (a): Amended generally.

Amendments--1971 (Adj. Sess.). Subdivision (a)(12): Repealed.

Amendments--1961. Subdivision (a)(7): Amended generally.

Amendments--1959 (Adj. Sess.). Subsection (a): Amended generally.

Subsection (b): Substituted "commissioner of administration" for "board" preceding "may" and "division of personnel" for "department" preceding "to act" in the first sentence and "that" for "such" preceding "case" and "representative" for "designate" following "his" in the second sentence.

Subsection (c): Inserted "or department" following "division" in the second sentence and substituted "travel" for "travelling" following "necessary" in the third sentence.

Prior law. 3 V.S.A. § 304.

§ 309a. Employment of persons with disabilities.

  1. The Commissioner shall adopt rules under chapter 25 of this title in consultation with appropriate vocational rehabilitation agencies, interested private associations and organizations, and interested individuals to establish procedures on the employment of persons with disabilities.
  2. Rules adopted by the Commissioner shall allow flexibility with respect to hiring persons with a disability. The Commissioner may require certification by the Commissioner of Disabilities, Aging, and Independent Living to accompany the usual application for employment. The Commissioner of Disabilities, Aging, and Independent Living shall indicate in its certification that:
    1. the applicant is physically qualified to do the work without hazard to himself or herself or others; and
    2. the applicant is competent to maintain himself or herself in a work environment.
  3. The Commissioner, in his or her discretion, may waive qualifications which exclude a person with a disability who is otherwise qualified. A waiver may apply to competitive entrance examinations, provisions relating to previous experience, or any other requirement for qualification. A waiver is to be used for equal access to employment, not for an advantage.

    Added 1977, No. 181 (Adj. Sess.), § 1, eff. April 3, 1978; amended 1989, No. 219 (Adj. Sess.), § 9; 1993, No. 210 (Adj. Sess.), § 12; 2005, No. 174 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 6.

History

Revision note. The reference to "division of vocational rehabilitation" was changed to "department of rehabilitation and aging" in subsec. (b) pursuant to Executive Order No. 70-89, effective May 1, 1989. For the text of Executive Order No. 70-89, see chapter 1 of Title 3 Appendix.

Amendments--2013 (Adj. Sess.). Catchline and Subsection (a): Substituted "Persons with disabilities" for "the handicapped".

Subsection (b): Deleted "handicapped" preceding "persons", inserted "with a disability", and substituted "Commissioner of Disabilities, Aging, and Independent Living" for "commissioner of the department of disabilities, aging, and independent living" twice.

Subsection (c):Substituted "his or her" for "the commissioner's", deleted "handicapped" preceding "person", inserted "with a disability", and made minor stylistic changes.

Amendments--2005 (Adj. Sess.). Subsection (b): Substituted "department of disabilities, aging, and independent living" for "department of aging and disabilities" in the second and third sentences.

Amendments--1989 (Adj. Sess.) Subsection (b): Substituted "commissioner of the department of aging and disabilities" for "director of the department of rehabilitation and aging" in two places in the introductory paragraph.

§ 310. Classification plan; rules.

  1. The Department of Human Resources shall adopt a uniform and equitable plan of classification for each position within State service, now or hereafter created, including positions within the Department of Public Safety, except those positions expressly excluded by section 311 of this title or by other provisions of law. For purposes of internal position alignment and assignment of positions to salary ranges, the plan shall be based upon a job content comparison method of job evaluation. As used in this section, "job content comparison method" means a system under which positions are assigned to salary ranges based on a scale of values against which job evaluations of individual positions are compared.
  2. It shall be the responsibility of the Department of Human Resources to perform job evaluations for each position based on current job descriptions that describe the nature, scope, and accountabilities for each class of employees.  It shall be the responsibility of the head of each department to provide current job descriptions for all positions within his or her department and such other information as may be required to the Department of Human Resources in order to enable that department to carry out its responsibility under this section.
  3. The Department of Human Resources, upon the approval of the General Assembly, shall establish and maintain a salary structure consisting of salary ranges with a minimum salary and a maximum salary for each range.  Classes shall be assigned to salary ranges based upon the job evaluation provided for under subsection (b) of this section.
  4. Subject to bargaining rights as set forth in chapter 27 of this title, the Secretary of Administration shall adopt rules and procedures to carry out the foregoing provisions of this section.
  5. Subject to bargaining rights as set forth in chapter 27 of this title, the Commissioner of Human Resources shall make such regulations and adopt such methods of qualifying employees for positions as will make the plan effective, and shall prescribe rules governing appointments, probation, promotions, demotions, transfers, separations, vacations, sick leave, and hours of employment applicable to persons in the classified service.
  6. The Classification and Compensation Plan and the rules and regulations for personnel administration shall be based on merit system principles and shall provide for compliance with the laws relating to preference granted to qualified persons who have served in the U.S. Armed Forces and received honorable discharge.
    1. After the requirements of an applicable collective bargaining agreement have been satisfied with regard to hiring issues and after compliance with subsection 327(a) of this title, and consistent with applicable State or federal standards for affirmative action, the State shall make a diligent effort to recruit, interview, and hire: (g) (1)  After the requirements of an applicable collective bargaining agreement have been satisfied with regard to hiring issues and after compliance with subsection 327(a) of this title, and consistent with applicable State or federal standards for affirmative action, the State shall make a diligent effort to recruit, interview, and hire:
      1. those applicants who meet the definition of a veteran as defined by 38 U.S.C. § 101 and who received an honorable discharge; and
      2. the spouses of veterans, as defined in subdivision (A) of this subdivision (1), who currently receive disability compensation or improved pension from the U. S. Department of Veterans' Affairs and are unable to work due to disability and the surviving spouses of veterans in cases where the surviving spouse currently receives dependency indemnity compensation from the U. S. Department of Veterans' Affairs.
    2. Veterans who apply for and meet the requirements for any open competitive recruitment that is conducted using a point-based examination and who receive a passing score shall have five points added to their competitive examination rating, and service-connected disabled veterans, veterans' unremarried widows or widowers, and spouses of totally service-connected disabled veterans who meet the requirements for any open competitive examination and who receive a passing score shall have ten points added to their competitive examination rating, subject to the provisions contained in 20 V.S.A. § 1543 .
  7. Those individuals qualifying under subdivision (g)(1)(A) of this section shall be entitled to apply and compete for vacant positions for which recruitment is being conducted only on a statewide promotional basis.
  8. The appeal procedures for classification and reclassification of an employee's or employees' positions shall be a subject for collective bargaining and when bargained this aspect of employment may be included as a grievance under subdivision 902(14) of this title.
  9. Subject to the provisions of the collectively bargained agreements with the Vermont State Employees' Association, the Secretary of Administration may exceed established classified pay plan maximums to implement market factor adjustments for the purpose of attracting and retaining qualified employees in the classified system.

    Amended 1959, No. 331 (Adj. Sess.), § 5, eff. Feb. 9, 1960; 1961, No. 35 , eff. March 24, 1961; 1961, No. 177 , § 4; 1969, No. 113 , § 4; 1971, No. 191 (Adj. Sess.), § 2; 1971, No. 193 (Adj. Sess.), §§ 1, 17, eff. April 3, 1972; 1975, No. 118 , § 66, eff. April 30, 1975; 1979, No. 59 , § 10; 1979, No. 90 (Adj. Sess.), § 1, eff. Feb. 28, 1980; 1981, No. 249 (Adj. Sess.), § 24; eff. July 4, 1982; 1989, No. 67 , § 15; 1997, No. 147 (Adj. Sess.), § 274b; 2003, No. 111 (Adj. Sess.), § 1; 2003, No. 156 (Adj. Sess.), § 15; 2017, No. 85 , § E.108.2.

History

Source. 1953, No. 251 , § 1. 1949, No. 9 , § 1. V.S. 1947, § 513. 1947, No. 4 , § 3. 1941, No. 205 , § 1.

Amendments--2017. Subsec. (a): Substituted "job content" for "point factor" and in the second and third sentences.

Amendments--2003 (Adj. Sess.). Subsections (a)-(c): Substituted "department of human resources" for "department of personnel".

Subsection (e): Substituted "commissioner of human resources" for "commissioner of personnel".

Subsection (f): Amended generally.

Subsections (g), (h): Added.

Subsections (i), (j): Former subsecs. (g) and (h) were redesignated as present subsecs. (i) and (j).

Amendments--1997 (Adj. Sess.). Subsection (f): Deleted the last sentence, which established an exception.

Amendments--1989. Subsection (h): Added.

Amendments--1981 (Adj. Sess.). Subsection (c): Deleted "upon recommendation of the state employees' compensation review board, and" following "personnel" in the first sentence.

Amendments--1979 (Adj. Sess.). Subsection (f): In the first sentence, substituted "service-connected" for "totally" following "rating, and," "spouses" for "wives" preceding "of totally" and "section 1543 of Title 20" for "20 V.S.A. § 1543" following "contained in" and inserted "or widowers" following "widows" and "service-connected" following "of totally".

Amendments--1979. Subsection (g): Added.

Amendments--1975. Subsection (f): Added the second sentence.

Amendments--1971 (Adj. Sess.). Act No. 191 amended section generally.

Subsection (e): Act No. 193 added "probation" preceding "promotions", deleted "and the grievance procedures" preceding "applicable to persons" and substituted "in the classified service" for "exempt or excluded from the effect of chapter 27 of this title" thereafter.

Subsection (f): Added by Act No. 193.

Amendments--1969. Subsection (a): Rewrote the second sentence.

Subsection (b): Amended generally.

Subsections (c)-(e): Repealed.

Amendments--1961. Subsection (a): Act No. 35 deleted "with the approval of the governor" preceding "shall adopt" and added the second sentence.

Subsection (d): Act No. 177 substituted "nonassembled" for "unassembled" preceding "examination".

Amendments--1959 (Adj. Sess.). Subsection (a): Substituted "the personnel board, with the approval of the governor" for "through the personnel board and personnel director, the governor" preceding "shall adopt" and deleted "the" preceding "state".

Subsection (b): Amended generally.

Subsection (d): Made minor changes in phraseology.

Subsection (e): Added.

Prior law. 3 V.S.A. § 305.

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

ANNOTATIONS

Analysis

1. Construction.

This section and lawful regulations promulgated by authority of it in effect write into the contract of each employee the conditions which they embody. 1952-54 Op. Atty. Gen. 46.

2. Construction with other laws.

In construing a statute authorizing appointment of a state employee, legislative intent requires a holding against exemption from the classified service unless the intent to exempt is clearly and explicitly made to appear. 1958-60 Op. Atty. Gen. 144.

To the extent that the classification plan adopted pursuant to this section applies to types of employment within a particular department, it supersedes general statutory authority of a department with regard to its employees. 1950-52 Op. Atty. Gen. 161.

In formulating regulations governing qualifications and salaries of employees under section 107(2) of Title 7, liquor administrator [now commissioner of liquor control] must comply with the plan of classification and compensation for state employees. 1942-44 Op. Atty. Gen. 171.

3. Law governing.

This section supersedes all previous enactments as to hiring new personnel and as to the matter of promotions and changes in classification of those employees in the classified service. 1952-54 Op. Atty. Gen. 69.

4. Employment covered.

Classified employee who is appointed to a nonclassified position is no longer subject to rules and regulations adopted pursuant to this section. 1962-64 Op. Atty. Gen. 157.

Auditors in the auditor of accounts' office are within the classification system under subsection (a) of this section. 1962-64 Op. Atty. Gen. 275.

Any employment within state government is subject to personnel classification system, except as the act creating the system exempts certain positions and employment. 1956-58 Op. Atty. Gen. 204.

All administrative departments authorized by section 207 of this title to employ assistance, except the department of public safety, are subject to the state classified system, except for exemptions as contained in section 306 of this title. 1952-54 Op. Atty. Gen. 69.

Office of secretary or executive secretary of state veteran's board was a position and type of employment in state government as set forth in this section. 1948-50 Op. Atty. Gen. 177.

5. Job descriptions.

Job descriptions for state personnel become valid for purposes of determining requisite employment qualifications when a department head communicates the description to the personnel department. In re D'Orazio, 139 Vt. 423, 429 A.2d 1307 (1981).

Personnel department does not have veto power over job descriptions provided by department heads. In re D'Orazio, 139 Vt. 423, 429 A.2d 1307 (1981).

6. Hiring rates.

The personnel director acted within his authority when he approved hiring rates above the minimum for specific positions in a certain geographical area of the state, without making such hiring rates applicable to all positions within the class in all geographical areas of the state. 1968-70 Op. Atty. Gen. 172.

7. Rules and regulations.

Although the classification plan and rules and regulations promulgated under authority of this section are designed primarily for the benefit of state employees, they provide a framework within which all department heads must administer their departments for the benefit of the people of the state as a whole; because of this, department heads are entitled to be heard on any proposed changes and, until such time, to rely on the rules as established. 1958-60 Op. Atty. Gen. 113.

Regulations promulgated by authority of this section and within its scope must be given the force of law and the supreme court will take judicial notice of them. Smith v. Highway Board, 117 Vt. 343, 91 A.2d 805 (1952).

8. Discharge of employees.

In dealing with its own employees, the state has broad powers, and where employment is for an indefinite term, the employee, apart from the regulations promulgated pursuant to this section, may be discharged at any time. Smith v. Highway Board, 117 Vt. 343, 91 A.2d 805 (1952).

9. Grievances.

Classification grievances fall within the Vermont State Employees' Association's duties as exclusive bargaining agent. In re West, 165 Vt. 445, 685 A.2d 1099 (1996).

Cited. In re McMahon, 136 Vt. 512, 394 A.2d 1136 (1978); Boynton v. Snelling, 147 Vt. 564, 522 A.2d 232 (1987); Vermont State Employees' Ass'n v. State, 151 Vt. 492, 562 A.2d 1054 (1989); In re Hood, 156 Vt. 412, 592 A.2d 907 (1991).

§ 311. Classified service defined; exceptions.

  1. The classified service to which this chapter shall apply shall include all positions and categories of employment by the State, except as otherwise provided by law, and except the following:
    1. The General Assembly and its employees and other officers elected by popular vote or by vote of the General Assembly and persons appointed to fill vacancies in elective offices.
    2. Members of boards and commissions and heads of departments or agencies appointed by the Governor, or with his or her approval.
    3. One principal or executive assistant, one deputy to the head of a department or agency, one private secretary, and one executive director for each board or commission or head of a department or agency elected or appointed by the Governor or General Assembly. However, nothing in this subdivision shall be construed to prevent a board, commission, or director or head of a department or agency from designating a classified employee to perform the duties of a principal assistant, deputy, executive director, or private secretary.
    4. Employees in the office of the Governor.
    5. Judges, referees, receivers, jurors, and notaries public, and all other officers and employees of a court.
    6. Presidents and heads of all State teachers colleges and employees of such colleges.
    7. Patients or inmates employed in State institutions.
    8. Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the Legislature or a committee thereof, or by authority of the Governor.
    9. Positions for which the salary or compensation is fixed by statute.
    10. A person or persons engaged under retainer, contract for services as defined in section 341 of this title, or special agreement.
    11. Persons employed in a temporary capacity, in accordance with the provisions of section 331 of this title.
    12. Assistant Attorneys General and Special Assistant Attorneys General.
    13. [Repealed.]
    14. Attorneys employed as legal advisors or special counsel outside the Office of the Attorney General, including special counsel for the Public Utility Commission.
    15. The clerk and reporter employed by the Occupational Safety and Health Review Board.
    16. Employees of firms engaged by the Department of Buildings and General Services to perform custodial and maintenance services.
  2. Positions in the uniformed State Police within the Department of Public Safety shall be deemed to be within the classified service for purposes of job evaluation and assignment of position classes to salary ranges only, and not otherwise.

    Amended 1961, No. 177 , § 6; 1963, No. 170 , § 1; 1965, No. 44 , § 2, eff. May 5, 1965; 1965, No. 125 , § 4, eff. July 2, 1965; 1967, No. 147 , § 9, eff. Oct. 1, 1968; 1967, No. 263 (Adj. Sess.), § 1, eff. Feb. 28, 1968; 1969, No. 294 (Adj. Sess.), § 26, eff. April 9, 1970; 1971, No. 43 , § 1, eff. April 7, 1971; 1971, No. 191 (Adj. Sess.), § 3; 1971, No. 193 (Adj. Sess.), §§ 2, 3, eff. April 3, 1972; 1971, No. 205 (Adj. Sess.), § 4; 1977, No. 222 (Adj. Sess.), § 2, eff. July 2, 1978; 1979, No. 59 , §§ 14, 31(c); 1979, No. 205 (Adj. Sess.), § 140, eff. May 9, 1980; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1989, No. 67 , § 16; 1993, No. 93 , § 2; 1993, No. 227 (Adj. Sess.), § 14; 1999, No. 75 (Adj. Sess.), § 1; 2015, No. 78 (Adj. Sess.), § 1; 2017, No. 113 (Adj. Sess.), § 2; 2019, No. 144 (Adj. Sess.), § 19.

History

Source. 1957, No. 240 , § 2. 1957, No. 102 , §§ 1, 2. 1953, No. 251 , § 2.

2017. In subdiv. (a)(14), substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

Amendments--2019 (Adj. Sess.). Subdiv. (a)(1): Substituted "General Assembly" for "State Legislature" and for "Legislature".

Subdiv. (a)(3): Substituted "General Assembly" for "Legislature or Legislative Council" in the first sentence and substituted "in this subdivision" for "contained herein" in the second sentence.

Amendments--2017 (Adj. Sess.). Subdiv. (a)(13): Repealed.

Amendments--2015 (Adj. Sess.). Subdiv. (a)(10): Amended generally.

Amendments--1999 (Adj. Sess.). Subdivision (a)(10): Substituted "secretary of administration" for "governor".

Amendments--1993 (Adj. Sess.). Subdivision (a)(3): Inserted "or executive" following "principal", substituted "one" for "or" preceding "deputy", deleted "and" preceding "one private secretary" and inserted "and one executive director" thereafter in the first sentence and inserted "executive director" following "deputy" in the second sentence.

Subdivision (a)(14): Deleted "when such employment is authorized by law" following "board".

Amendments--1993. Subdivision (a)(11): Amended generally.

Amendments--1989. Subdivision (a)(11): Substituted "1,520 hours" for "190 workdays" following "exceed" in the first sentence and added the second sentence.

Amendments--1983 (Adj. Sess.). Subdivision (a)(16): Substituted "department" for "division" following "state buildings".

Amendments--1979 (Adj. Sess.). Subdivision (a)(16): Added.

Amendments--1979. Subdivision (a)(15): Added.

Amendments--1977 (Adj. Sess.). Subdivision (a)(11): Substituted "190 workdays" for "thirty-eight weeks" following "exceed".

Amendments--1971 (Adj. Sess.). Amended generally by Act No. 191.

Introductory paragraph: Act No. 193 inserted "those positions expressly exempt by law including" following "except".

Subdivision (12): Added by Act No. 205.

Subdivision (15): Amended by Act No. 193.

Amendments--1971. Subdivision (15): Added.

Amendments--1969 (Adj. Sess.). Subdivision (11): Substituted "thirty-eight" for "thirty-four" preceding "weeks" and inserted "calendar" preceding "year".

Amendments--1967 (Adj. Sess.). Subdivision (3): Substituted "that" for "such" preceding "deputy" in the first sentence, inserted "or legislative council" following "legislature" at the end of that sentence and "or director" following "commissioner" in the second sentence, and added the third sentence.

Amendments--1967. Subdivision (14): Added.

Amendments--1965. Subdivision (12): Added by Act No. 44.

Subdivision (13): Act No. 125 purported to add a subdiv. "(12)", which was redesignated as subdiv. "(13)" to avoid conflict with subdiv. (12) added by Act No. 44.

Amendments--1963. Subdivision (11): Amended generally.

Amendments--1961. Subdivision (11): Amended generally.

Applicability--1971 1979, No. 59 , § 31(c), repealed 1971, No. 193 (Adj. Sess.), § 2, which amended the introductory paragraph, 1971, No. 193 (Adj. Sess.), § 3, which added subdiv. (15), and 1971, No. 205 , § 4, which added subdiv. (12).

Prior law. 3 V.S.A. § 306.

ANNOTATIONS

Analysis

1. Application.

This section is applicable only where a specific statute authorizing appointment of a state employee is silent on the question of classification. 1966-68 Op. Atty. Gen. 142.

2. Classified employee serving in exempt position.

Although a classified employee might act as a principal assistant to a department head and retain his classified status, when a classified employee is so acting, he is not entitled to increased compensation. 1956-58 Op. Atty. Gen. 230.

Classified employee serving in exempt position cannot be given additional compensation, unless employee resigns from classified service. 1956-58 Op. Atty. Gen. 162, 193, 204.

Classified employees appointed to exempt positions retain their classified status, and boards, commissions and department heads cannot change the status of the positions. 1952-54 Op. Atty. Gen. 273.

3. Change of status.

Term "state service" as used in personnel rules and regulations includes any service provided by any person working for state, and leaving classified system for appointment to a nonclassified position as defined by this section is not a separation from state service. 1962-64 Op. Atty. Gen. 157.

4. Department heads.

Since commissioner of health was appointed with approval of the governor, he was excluded from categories of employees whose salaries were to be determined by personnel board. 1952-54 Op. Atty. Gen. 182.

5. Principal assistants.

The executive administrator of the health department is the principal assistant of the commissioner of health and, therefore, exempt from the classified system. 1962-64 Op. Atty. Gen. 188.

State director of recreation, as principal assistant to recreation board, was exempt from provisions of classified service. 1962-64 Op. Atty. Gen. 331.

Secretary to board of trustees of state teachers' retirement system was exempt from classified service. 1952-54 Op. Atty. Gen. 380.

6. Court officers and employees.

Provision of this section exempting all officers and employees of a court from the classified service is applicable to clerks of the district court. 1966-68 Op. Atty. Gen. 32.

Clerk of municipal court did not fall within status of classified employee of state. 1952-54 Op. Atty. Gen. 454.

7. Independent contractors.

A person hired under retainer, contract, or special agreement has no legal right to join the state employees retirement system. 1964-66 Op. Atty. Gen. 59.

Persons hired under retainer contract, or special agreement have no legal right to receive vacation pay and sick leave in accordance with personnel rules, but the state may by contract make such provisions for vacations, sick leave and pay as appear to be in the best interests of the state. 1964-66 Op. Atty. Gen. 59.

Contractual employment is excluded from operation of basic personnel law. 1956-58 Op. Atty. Gen. 221.

In order for a person to be engaged under retainer, contract, or special agreement and thus exempt from the classified system, it must appear that such person is an independent contractor himself controlling the manner and procedures involved in accomplishing his work, including hours of employment. 1956-58 Op. Atty. Gen. 209.

Employees in state government are included in classification plan unless specifically excepted, and personnel who are in fact employees as distinguished from professional persons engaged under retainer or independent contractors are subject to classified service and under jurisdiction of personnel board. 1952-54 Op. Atty. Gen. 269.

8. Temporary employees.

Temporary positions of a nonpermanent nature such as seasonal employment or such special work as registering motor vehicles are intended by the legislature to be outside the classified service but when the work is of a continuing nature on a part-time basis the employee is a permanent part-time employee and within the classified service. 1962-64 Op. Atty. Gen. 46.

9. Review of Attorney General's certification.

The Attorney General's certification decision approving a contract privatizing work previously done by state employees because it did not violate "the spirit and intent" of the state classification law was plainly discretionary in nature. Therefore, the superior court had jurisdiction to review this decision under only a very limited standard of review to determine whether there had been a clear and arbitrary abuse of authority. Vermont State Employees' Ass'n v. Criminal Justice Training Council, 167 Vt. 191, 704 A.2d 769 (1997).

The Attorney General did not clearly abuse his discretion in deciding to certify a food-service contract, privatizing work previously done by state employees because it did not violate "the spirit and intent" of the state classification law. The contract was not inconsistent with the historical and fundamental purpose of the civil service and its merit system principles, which is to insulate the state work force from political influence so as to improve the effectiveness and efficiency of state government, particularly considering that the contract was subject to formal competitive bidding. Nor was the contract inconsistent with merit principles aimed at ensuring an open and independent state work force. Vermont State Employees' Ass'n v. Criminal Justice Training Council, 167 Vt. 191, 704 A.2d 769 (1997).

Absent any constitutional imperative, the Court cannot adopt an objective test for certifying whether a contract privatizing work previously done by state employees is contrary to the merit system, which would be imposing conditions on the Attorney General's legislatively derived power to approve such contracts. However, while privatization as a whole has not undermined the personnel system or its merit principles, definite and specific standards setting forth conditions and requirements for privatization are sorely lacking. Given the complex and far-reaching policy implications at stake, the Legislature, not the Court, is in the best position to rectify this situation. Vermont State Employees' Ass'n v. Criminal Justice Training Council, 167 Vt. 191, 704 A.2d 769 (1997).

Cited. Fitzpatrick v. Vermont State Treasurer, 144 Vt. 204, 475 A.2d 1074 (1984); Aranoff v. Bryan, 153 Vt. 59, 569 A.2d 466 (1989).

§ 312. Classification plan; definition.

  1. The term "merit system" means the system developed to maintain an efficient career service in State government under public rules, which, among other provisions, includes appointment through competitive examination; nondiscrimination because of race, sex, politics, national origin, or religion; an equitable and adequate compensation plan; tenure, contingent on successful performance; and promotion, contingent on evaluated capacity and service.
  2. Merit system principles are:
    1. recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;
    2. [Repealed.]
    3. training employees, as needed, to assure high-quality performance;
    4. retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected;
    5. assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and
    6. assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official position for the purpose of interfering with or affecting the result of an election or a nomination for office.
  3. Notwithstanding any other provision of law, rules, regulations, or agreements whenever federal requirements are applicable to programs as a condition for receipt of federal funds or assistance, all agency secretaries, department heads, division heads, and other State officers, with the approval of the Governor or of such person as the Governor may designate, are authorized to take such action as is necessary to assure that all personnel practices in those programs are in accordance with federal laws, regulations, and requirements. This provision shall not be construed to authorize the impairment of the State's obligations under any contract or agreement, or of the vested rights and remedies of any person.

    Amended 1971, No. 193 (Adj. Sess.), § 4, eff. April 3, 1972; 1977 No. 109, § 33(c), eff. July 3, 1977.

History

Source. V.S. 1947, § 514. 1947, No. 4 , § 4.

Amendments--1977. Subdivision (b)(2): Repealed.

Amendments--1971 (Adj. Sess.). Amended section generally.

Prior law. 3 V.S.A. § 307.

ANNOTATIONS

Analysis

1. Hostile work environment.

In a sex discrimination grievance filed by a female police officer, the findings were sufficient to support the Labor Relations Board's ultimate conclusion that grievant faced a hostile work environment. While not a case of outright and blatant discrimination based on gender, hostile environment cases seldom are. They are based upon the accretion of seemingly small incidents - of being criticized more harshly, scrutinized more closely, ridiculed for lack of aggression, or diminished for one's appearance, that in the aggregate create an environment of hostility and discrimination. In re Butler, 166 Vt. 423, 697 A.2d 659 (1997).

2. Disparate treatment.

In a sex discrimination grievance filed by a female police officer, the Labor Relations Board's disparate treatment analysis was not flawed by the alleged comparison of grievant's conduct to persons and conduct that were not similarly situated, as the test is whether a prudent person, looking objectively at the incidents in question, would think them "roughly equivalent." In re Butler, 166 Vt. 423, 697 A.2d 659 (1997).

3. Privatization of work.

The Attorney General did not clearly abuse his discretion in deciding to certify a food-service contract, privatizing work previously done by state employees because it did not violate "the spirit and intent" of the state classification law. The contract was not inconsistent with the historical and fundamental purpose of the civil service and its merit system principles, which is to insulate the state work force from political influence so as to improve the effectiveness and efficiency of state government, particularly considering that the contract was subject to formal competitive bidding. Nor was the contract inconsistent with merit principles aimed at ensuring an open and independent state work force. Vermont State Employees' Ass'n v. Criminal Justice Training Council, 167 Vt. 191, 704 A.2d 769 (1997).

Cited. In re Personnel Designations of Managerial, Confidential & Supervisory Employees, 139 Vt. 91, 422 A.2d 932 (1980); Boynton v. Snelling, 147 Vt. 564, 522 A.2d 232 (1987).

§ 313. Cost of operating plan.

The cost of operating the plan selected and adopted shall be prorated to each agency on the basis of the number of employees in each agency.

History

Source. V.S. 1947, § 515. 1947, No. 4 , § 5. 1941, No. 205 , § 1.

Prior law. 3 V.S.A. § 308.

§ 314. Duty to furnish facilities.

All officers and employees of the State shall allow the department the reasonable use of public buildings under their control, and furnish heat, light, and furniture, for any examination, hearing, or investigation authorized by this chapter.

Amended 1959, No. 331 (Adj. Sess.), § 6, eff. Feb. 9, 1960.

History

Source. 1953, No. 251 , § 5.

Amendments--1959 (Adj. Sess.). Inserted "Duty to furnish" preceding "facilities" in the catchline and substituted "division" for "department" preceding "the reasonable".

Prior law. 3 V.S.A. § 309.

§ 315. Duties of State officers and employees.

All officers and employees of the State shall comply with the provisions of this chapter and lawful rules, regulations and orders of the Commissioner of Human Resources pursuant thereto. The Commissioner of Human Resources, with the approval of the Governor, may institute and maintain any action or proceeding to secure compliance with the provisions of this chapter and lawful rules, regulations, and orders pursuant thereto.

Amended 1959, No. 331 (Adj. Sess.), § 7, eff. Feb. 9, 1960; 1981, No. 249 (Adj. Sess.), § 25, eff. July 4, 1982; 2003, No. 156 (Adj. Sess.), § 15.

History

Source. 1953, No. 251 , § 6.

Amendments--2003 (Adj. Sess.). Substituted "commissioner of human resources" for "commissioner of personnel".

Amendments--1981 (Adj. Sess.). Substituted "commissioner of personnel" for "personnel board, personnel director or board of personnel appeals" preceding "pursuant" in the first sentence and for "personnel director" in the second sentence.

Amendments--1959 (Adj. Sess.). Substituted "personnel director or board of personnel appeals" for "or director" preceding "pursuant" in the first sentence and "director" for "board" preceding "with the approval" in the second sentence.

Prior law. 3 V.S.A. § 310.

ANNOTATIONS

1. Remedies for violations.

A private right of action for violation of a personnel regulation would potentially frustrate the legislative scheme for enforcement of personnel regulations, since this section contemplates that the decision with respect to the manner in which violations of personnel regulations should be remedied should be within the discretion of the commissioner of personnel. Cronin v. State, 148 Vt. 252, 531 A.2d 929 (1987), overruled on other grounds, Libercent v. Aldrich (1987) 149 Vt. 76, 539 A.2d 981.

§ 316. Records of the Department of Human Resources.

The records of the Department, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable regulations as to the time and manner of inspection as may be prescribed by the Commissioner.

Amended 1959, No. 331 (Adj. Sess.), § 8, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15.

History

Source. 1953, No. 251 , § 8.

Amendments--2003 (Adj. Sess.). Substituted "department of human resources" for "department of personnel" in the catchline of the section.

Amendments--1959 (Adj. Sess.). Substituted "division" for "department" in the catchline and text.

Prior law. 3 V.S.A. § 311.

Cross References

Cross references. Access to public records generally, see 1 V.S.A. § 315 et seq.

§ 317. Oaths, testimony, and the production of records.

The Commissioner shall have the power to administer oaths, subpoena witnesses, and order the production of books and papers pertinent to any investigation or hearing authorized by this chapter.

Amended 1959, No. 331 (Adj. Sess.), § 9, eff. Feb. 9, 1960; 1969, No. 113 , § 5; 1981, No. 249 (Adj. Sess.), § 26, eff. July 4, 1982.

History

Source. 1953, No. 251 , § 9.

Amendments--1981 (Adj. Sess.). Substituted "commissioner" for "personnel board and the director" preceding "shall have".

Amendments--1969. Deleted "board of personnel appeals, the" preceding "personnel board" and "and each member of either" thereafter.

Amendments--1959 (Adj. Sess.). Substituted "testimony" for "subpoenas" preceding "and" in the catchline, inserted "the" thereafter, and substituted "of personnel appeals, the personnel board and each member of either" for "each member of the board" preceding "and the director" in the first sentence.

Prior law. 3 V.S.A. § 312.

§ 318. Offenses.

  1. No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provision of this chapter or in any manner commit any fraud preventing the impartial execution of this chapter and the rules.
  2. No employee of the Department, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examination, eligibility, certification, or appointment under this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.
  3. Any person who wilfully violates any provision of this section shall be guilty of misdemeanor and upon conviction shall be fined not to exceed $100.00 or imprisoned for not to exceed 60 days, or both.

History

Source. 1953, No. 251 , § 10.

Prior law. 3 V.S.A. § 313.

§§ 319 Repealed. 1959, No. 262, § 37, eff. June 11, 1959.

History

Former § 319. Former § 319, relating to inconsistent laws, was derived from 1953, No. 251 , § 15.

§§ 320, 321. Repealed. 1969, No. 113, § 7.

History

Former §§ 320, 321. Former § 320, relating to personnel appeals, rules and procedure, was derived from 1959, No. 331 (Adj. Sess.), § 11 and amended by 1961, No. 177 , § 5; 1963, No. 171 .

Former § 321, relating to salary of chairman of board of personnel appeals, was derived from 1959, No. 331 (Adj. Sess.), § 12.

§ 322. Rating service forms, completion and disposition.

All officers and employees of the State who act in a supervisory capacity shall at least annually complete service rating forms for each classified employee under their immediate supervision in accordance with the service rating procedures established by the Commissioner of Human Resources. One copy of the rating form shall be provided to the employee and one copy shall be retained by the agency.

Added 1959, No. 331 (Adj. Sess.), § 13, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15.

History

Amendments--2003 (Adj. Sess.). Substituted "commissioner of human resources" for "commissioner of personnel".

Prior law. 3 V.S.A. § 317.

§ 323. Definitions.

As used in this chapter, unless the context clearly requires otherwise:

  1. "Accountability" means the degree to which the holder of a position is accountable for the end results of his or her job performance.
  2. "Bona fide emergency" means an unanticipated need for short-term staffing:
    1. to prevent significant disruption to the continued operation of State government;
    2. to avoid serious or imminent harm to the public, critical services, or other staff; or
    3. to avoid jeopardizing public safety.

      "Class" means one or more positions sufficiently similar in nature, scope, and accountability that the same title, test of fitness, and schedule of compensation may be applied to each position.

      "Job evaluation" means the systematic method used to determine the value of each job in relation to other jobs within the State service.

      (5) "Seasonal employment" means employment in a temporary position with a specific start date and anticipated end date for a period of not more than seven months in any 12-month period or employment in a temporary position with a specific start date and anticipated end date for a period of more than seven months that has been approved by the Commissioner of Human Resources pursuant to subdivision 331(c)(3) of this chapter. Seasonal employment includes employment in temporary positions that are available on a reoccurring basis from year to year.

      Added 1971, No. 191 (Adj. Sess.), § 4; amended 2019, No. 58 , § 2.

History

Amendments--2019. Added subdiv. (2); redesignated former subdivs. (2) and (3) as (3) and (4); and added subdiv. (5).

§§ 324 Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.

History

Former § 324. Former § 324, relating to compensation advisory board, was derived from 1971, No. 191 (Adj. Sess.), § 5 and amended by 1977, No. 109 , § 2.

§ 325. Repealed. 1977, No. 109, § 33(a), eff. July 1, 1978.

History

Former § 325. Former § 325, relating to the duties of the compensation review board, was derived from 1971, No. 191 (Adj. Sess.), § 6 and amended by 1973, No. 117 , § 23; 1973, No. 193 (Adj. Sess.), § 3; 1973, No. 266 (Adj. Sess.), § 1; 1975, No. 65 , § 3.

§ 326. Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.

History

Former § 326. Former § 326, relating to support services to the compensation advisory board, was derived from 1971, No. 191 (Adj. Sess.), § 7.

§ 327. Hiring.

  1. When a vacancy in the classified service occurs, the appointing officer shall make a diligent effort to recruit an employee from within the classified service to fill the vacancy.
  2. Any position which has been vacant for a period of six months shall be eliminated unless the Secretary of Administration determines that the position is essential and has remained vacant because of specific professional qualifications.

    Added 1975, No. 196 (Adj. Sess.), § 9; amended 1977, No. 109 , § 24, eff. July 3, 1977.

History

Amendments--1977. Subsection (a): Deleted the second sentence of the introductory paragraph and subdivs. (1) and (2).

Subsection (c): Repealed.

ANNOTATIONS

1. Particular cases.

Plain language of the hiring statute, which states that when there is a vacancy in a classified position, the appointing officer shall make a diligent effort to recruit an employee from within the classified service to fill the vacancy, speaks to efforts to "recruit," it does not direct the hiring process. Furthermore, even assuming that the State did not make efforts to recruit, plaintiffs failed to articulate how this had any relevance to the issue of whether the State's decision to give a male employee a higher-than-usual starting salary was justified by legitimate business reasons. Vt. Human Rights Comm'n v. State, 201 Vt. 62, 136 A.3d 188 (2015).

Cited. Boynton v. Snelling, 147 Vt. 564, 522 A.2d 232 (1987).

§ 328. Repealed. 1997, No. 59, § 6, eff. June 30, 1997.

History

Former § 328. Former § 328, relating to the department of personnel publications fund, was derived from 1985, No. 74 , § 305a; and amended by 1995, No. 186 (Adj. Sess.), § 27, eff. May 22, 1996.

§ 329. Probationary and temporary employees; pay adjustment.

Original probationary and temporary employees at the minimum of their pay grades shall be adjusted to the new minimum rate, effective with the adjustment of pay grade minimum.

Added 1989, No. 67 , § 17.

§ 330. Vermont Internship Program.

  1. A Vermont Internship Program is created:
    1. to attract persons to train for and then serve State government in occupations where the State anticipates difficulty attracting or retaining qualified employees;
    2. to provide an enriched experience designed to bring trainees to full class performance levels in a logical and systematic manner;
    3. to support equal employment opportunity; and
    4. to provide upward mobility, lateral movement, or other opportunities for current employees who have demonstrated high potential.
  2. Position authorization.
    1. [Expired.]
    2. The positions may be created in response to real or anticipated recruitment and retention difficulties or in instances wherein the Commissioner has determined the State's needs for individuals to serve in a certain position will best be met through the Vermont internship program.
    3. Each position authorized by the Commissioner shall be established for a specific period of time not to exceed five years.  In accordance with the approved plan, or where the Commissioner deems it appropriate, Vermont Internship Program positions shall revert to the Commissioner for reallocation.
    4. Departments or agencies shall use existing monetary resources to fund the positions created under this section.
    5. Requests for positions under the Vermont Internship Program shall be in a form and following procedures prescribed by the Commissioner.  All requests shall certify that all reasonable efforts shall be made to insure a vacant position will be available to each Vermont Internship Program participant upon completion of the program.
    1. Eligibility.  Any person shall be eligible to compete for participation in the Vermont Internship Program. (c) (1)  Eligibility.  Any person shall be eligible to compete for participation in the Vermont Internship Program.
    2. Outreach efforts shall be extended appropriately to assure that all segments of the qualified populace are informed about opportunities to apply and compete for these vacancies on the basis of merit.
    1. Selection and retention.  Departments and agencies have final responsibility for selection of Vermont Internship Program candidates using criteria and procedures to be issued by the Department of Human Resources. (d) (1)  Selection and retention.  Departments and agencies have final responsibility for selection of Vermont Internship Program candidates using criteria and procedures to be issued by the Department of Human Resources.
    2. Departments shall make a diligent effort to select Vermont internship participants from among applicants who are State employees.
    3. A Vermont Internship Program employee must maintain a satisfactory performance rating at all times for job-training activities, must receive at least a grade of C (or its equivalent) in classes taken as part of the Vermont Internship Program plan, and, if enrolled in any degree program, must maintain minimum requirements by the educational institution.
    1. Development of candidates.  All Vermont Internship Program members shall have individual development plans approved by the Commissioner of Human Resources. (e) (1)  Development of candidates.  All Vermont Internship Program members shall have individual development plans approved by the Commissioner of Human Resources.
    2. The actual developmental systems used, whether job rotation, special projects, details, or progressively more difficult tasks, education, and training shall form part of the individual development plans.
    3. The department or agency making use of a Vermont Internship Program shall conduct regular reviews of performance and progression of capabilities and shall submit written documentation of this on a form and using procedures provided for by the Commissioner of Human Resources.
    1. Rights of Vermont Internship Program members.  Vermont Internship Program participants shall be deemed to be classified State employees in their initial probationary period for the entire period of their participation, and continuation of one's training in Vermont Internship Programs shall be in the discretion of the appointing authority.  They shall be paid the minimum rate for comparable positions in the classified service, unless otherwise authorized by the Commissioner of Human Resources. (f) (1)  Rights of Vermont Internship Program members.  Vermont Internship Program participants shall be deemed to be classified State employees in their initial probationary period for the entire period of their participation, and continuation of one's training in Vermont Internship Programs shall be in the discretion of the appointing authority.  They shall be paid the minimum rate for comparable positions in the classified service, unless otherwise authorized by the Commissioner of Human Resources.
    2. Vermont Internship Program participants shall agree to work in a State position consistent with the approved plan after completion of the planned Vermont internship for a period of time equal to the length of Vermont Internship Program participation. Any Vermont Internship Program member who does not satisfy this requirement shall reimburse the State for all tuition, fees and/or expenses paid by the State in connection with Vermont Internship Program participation, including salary paid during periods of paid educational leave, unless waived by the Commissioner of Human Resources.
    3. Unless authorized by the approved plan, Vermont Internship Program participants shall participate in on-the-job training of at least 20 hours per week.  They are eligible for State classified medical and life insurance plans as well as leave benefits in the same manner and to the same extent as State employees working similar schedules.
    4. Upon satisfactory completion of the Vermont Internship Program, the participants shall be eligible for noncompetitive appointment to a vacant position consistent with the approved plan, which shall be made available by the participating department unless waived by the Commissioner of Human Resources.
    5. Notwithstanding any provision to the contrary in sections 455 et seq. of this title, upon completion of a State employment commitment described in subdivision (2) of this subsection, such employee shall receive State employment retirement credit for all Vermont Internship Program time.
    6. A classified State employee who accepts an appointment to the Vermont Internship Program shall be entitled to a leave of absence in the same manner and to the same extent as if he or she had accepted appointment to an exempt position in State government.
    7. Vermont Internship Program members aggrieved under this section shall have right of appeal to the Commissioner of Human Resources who shall decide.
    8. Nothing provided herein shall be construed to be inconsistent with or in violation of section 310 or 312 of this title.

      Added 1989, No. 80 , § 1; amended 1989, No. 277 (Adj. Sess.), § 13; 2003, No. 156 (Adj. Sess.), § 15.

History

Amendments--2003 (Adj. Sess.). Subdivision (d)(1): Substituted "department of human resources" for "department of personnel".

Subdivisions (e)(1), (3), (f)(1), (2), (4), (7): Substituted "commissioner of human resources" for "commissioner of personnel".

Amendments--1989 (Adj. Sess.). Subdivision (f)(1): Substituted "deemed to be classified state employees in their initial probationary period for the entire period of their participation" for "considered as 'exempt employees' under 3 V.S.A. § 901 et seq." following "participants shall be" in the first sentence.

Subdivision (f)(6): Added "a" preceding "classified", substituted "employee who accepts an appointment" for "employees accepting appointments" preceding "to the Vermont" and "appointment to an" for "any other" preceding "exempt".

Cross References

Cross references. Group insurance for State employees, see § 631 et seq. of this title.

Sick leave for State employees, see § 264 of this title.

§ 331. Temporary employees.

  1. The State shall not employ any person in a temporary capacity except in accordance with the provisions of this section.
    1. On request of the appointing authority, the Commissioner of Human Resources may approve, in writing, the creation of a temporary position and the hiring of a person to fill such temporary position only if the position and person are needed: (b) (1)  On request of the appointing authority, the Commissioner of Human Resources may approve, in writing, the creation of a temporary position and the hiring of a person to fill such temporary position only if the position and person are needed:
      1. to meet a seasonal employment need of State government;
      2. to respond to a bona fide emergency;
      3. to fill in for the temporary absence of an existing employee, or a vacancy in an existing position; or
      4. to perform a governmental function that requires only intermittent, sporadic, or ongoing employment, provided that such employment does not exceed 1,280 work hours in any one calendar year.
      1. Except as provided in subdivision (1) of this subsection, the Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if the governmental function is ongoing and continuing. (2) (A) Except as provided in subdivision (1) of this subsection, the Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if the governmental function is ongoing and continuing.
      2. The Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if approval is intended to circumvent, or has the effect of circumventing, the policies and purposes of the classified service under this chapter.
    1. Subdivision (c)(1) effective until July 1, 2024; see also subdivision (c)(1) effective July 1, 2024 set out below.  The Commissioner may authorize the continued employment of a person in a temporary capacity for more than 1,280 work hours in any one calendar year if the Commissioner determines, in writing, that a bona fide emergency exists for the appointing authority that requires such continued employment. Authorization of temporary employment for more than 1,280 work hours in a calendar year shall not be required for seasonal employment, as that term is defined pursuant to section 323 of this chapter. Annually, on or before January 15, the Commissioner shall submit a report to the House Committee on General, Housing, and Military Affairs and the House and Senate Committees on Government Operations: (c) (1)  Subdivision (c)(1) effective until July 1, 2024; see also subdivision (c)(1) effective July 1, 2024 set out below.  The Commissioner may authorize the continued employment of a person in a temporary capacity for more than 1,280 work hours in any one calendar year if the Commissioner determines, in writing, that a bona fide emergency exists for the appointing authority that requires such continued employment. Authorization of temporary employment for more than 1,280 work hours in a calendar year shall not be required for seasonal employment, as that term is defined pursuant to section 323 of this chapter. Annually, on or before January 15, the Commissioner shall submit a report to the House Committee on General, Housing, and Military Affairs and the House and Senate Committees on Government Operations:
      1. identifying the total number of temporary employees who have worked:
        1. 1,280 hours in the prior calendar year; or
        2. in excess of 1,280 hours in the prior calendar year;
      2. identifying the agency or department that is assigned the temporary position;
      3. identifying the total number of hours worked by each temporary employee; and
      4. including a statement:
        1. recommending the conversion of the position to a permanent classified position; or
        2. stating the reasons why the temporary position should be continued.

          (1) Subdivision (c)(1) effective July 1, 2024; see also subdivision (c)(1) effective until July 1, 2024 set out above. The Commissioner may authorize the continued employment of a person in a temporary capacity for more than 1,280 hours in any one calendar year if the Commissioner determines, in writing, that a bona fide emergency exists for the appointing authority that requires such continued employment.

    2. It shall be the responsibility of the head of each department to provide to the Department of Human Resources a detailed justification for each waiver to exceed the 1,280-work-hour limit within his or her department and such other information as may be required in order to enable that department to carry out its responsibility under this section.
    3. The Commissioner may authorize seasonal employment in a specific position for a period of between seven and 12 months if the Commissioner determines, in writing, that the nature and duties of the position require the employment of a person for a period of more than seven months in a 12-month period. The Commissioner shall not authorize seasonal employment for a period of more than seven months in a 12-month period if the authorization is intended to circumvent, or has the effect of circumventing, the policies and purposes of the classified service under this chapter. Annually, on or before January 15, the Commissioner shall submit a report to the House and Senate Committees on Government Operations regarding:
      1. the total number of positions in seasonal employment that have been authorized for a period of between seven and 12 months during the prior calendar year;
      2. the agency or department that each position identified in subdivision (A) of this subdivision (c)(3) is assigned to; and
      3. the period of time that each identified position is authorized for.
  2. The Commissioner may transfer and convert existing, vacant positions in the Executive Branch of State government to replace the temporary positions of long-term temporary employees who are performing ongoing and continuing functions of State government for more than 1,280 work hours in any one calendar year.
  3. Any party aggrieved by a decision of the Commissioner under this section may request that the Commissioner reconsider his or her decision. Such party may appeal the Commissioner's reconsideration to the Vermont Labor Relations Board pursuant to the rules of the Board. Within 90 days of the filing of an appeal, the Board shall determine if the Commissioner of Human Resources abused his or her discretion under this section. If the Board determines that there has been an abuse of discretion, the Board shall remand the decision back to the Commissioner and order that corrective action be taken within 90 days of the Board's order. The Commissioner, in his or her sole discretion, may replace the temporary employee with a permanent position, or eliminate the temporary position and grant reemployment rights if those rights would have been provided to a classified employee under the relevant collective bargaining agreement.
  4. An individual employed in a temporary or seasonal capacity shall be entitled to the whistleblower protections, rights, and remedies provided to State employees pursuant to sections 971-978 of this title.

    Added 1993, No. 93 , § 3; amended 1999, No. 145 (Adj. Sess.), § 2; 2003, No. 156 (Adj. Sess.), § 15; 2013, No. 163 (Adj. Sess.), § 1; 2017, No. 154 (Adj. Sess.), § 7, eff. May 21, 2018; 2019, No. 58 , § 3; 2019, No. 58 , § 10, eff. July 1, 2024.

History

Amendments--2019. Subdiv. (b)(1)(C): Added "or" at the end.

Subdiv. (b)(1)(D): Deleted "that averages less than 20 hours per week during any one calendar year" following "ongoing employment" and inserted "work" following "1,280".

Subdiv. (c)(1): Act No. 58, § 3 added "work" following "1,280" in the first sentence, and added the second sentence.

Subdiv. (c)(1): Act No. 58, § 10 deleted the third sentence and subdivs. (A)-(D), eff. July 1, 2024.

Subdiv. (c)(2): Added "work" following "1,280".

Subdiv. (c)(3): Added.

Subsec. (d): Deleted "for more than an average of 20 hours per week during any one calendar year or" following "State government" and added "work" following "1,280".

Subsec. (f): Added.

Amendments--2017 (Adj. Sess.). Subdiv. (c)(1): Added "or before" preceding "January 15" and substituted "House Committee on General, Housing, and Military Affairs and the House and Senate Committees on Government Operations" for "General Assembly".

Amendments--2013 (Adj. Sess.). Section amended generally.

Amendments--2003 (Adj. Sess.) Subdivision (b)(1): Substituted "commissioner of human resources" for "commissioner of personnel".

Subsection (e): Substituted "commissioner of human resources" for "commissioner of personnel".

Amendments--1999 (Adj. Sess.). Deleted former subsec. (e) and redesignated former subsec. (f) as present subsec. (e).

2019, No. 58 , § 11(a), provided that the amendment to subdiv. (c)(1) of this section by § 10 of the act is to take effect on July 1, 2024.

§ 332. Human resource development services.

The Commissioner of Human Resources is authorized to provide human resource development services, and access to human resource development equipment and facilities:

  1. for State government entities and nonstate entities provided that the human resource development needs of State entities shall take precedence over those of nonstate entities;
  2. under a schedule whereby the participants are charged reasonable fees based on the cost of providing the service and access to the equipment and facilities;
  3. any fees so charged may contain a surcharge for nonstate entities; and
  4. all fees collected under this section shall be credited to the Human Resource Development Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset and enhance the provision of human resource development.

    Added 1995, No. 186 (Adj. Sess.), § 26, eff. May 22, 1996; 2003, No. 156 (Adj. Sess.), § 15.

History

Amendments--2003 (Adj. Sess.) Introductory paragraph: Substituted "commissioner of human resources" for "commissioner of personnel".

Subdivision (4): Substituted "department of human resources" for "department of personnel".

§ 333. Human resource recruitment services.

  1. The Commissioner of Human Resources is authorized to develop programs and take measures to increase the quantity of qualified applicants applying for employment by the State.
  2. Appropriate activities include: the placement of advertisements for recruitment of open and continuous recruitment positions, both within and outside the classified service, for all State government entities; listing of positions with governmental and private entities that maintain job listings; and attendance at job and recruitment fairs.
  3. The Commissioner is authorized to charge other governmental entities for the costs associated with furnishing the services described in this section. All fees collected under this section shall be credited to the Human Resource Recruitment Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset the cost of and enhance the provision of human resource recruitment services.

    Added 2001, No. 11 , § 54, eff. April 25, 2001; amended 2003, No. 156 (Adj. Sess.), § 15.

History

2015. In subsec. (b), deleted "but are not limited to" following "include" in accordance with 2013, No. 5 , § 4.

Amendments--2003 (Adj. Sess.). Subsections (a), (c): Substituted "department of human resources" for "department of personnel".

CHAPTER 14. STANDARDS FOR CONTRACTS INCLUDING PRIVATIZATION CONTRACTS

Sec.

§ 341. Definitions.

As used in this chapter:

  1. "Agency" means any agency, board, department, commission, committee, or authority of the Executive Branch of State government.
  2. "Personal services contract" means a contract for services that is categorized as personal services in accordance with procedures developed by the Secretary of Administration and is consistent with subdivisions 342(1), (2), and (3) of this title.
  3. "Privatization contract" means a contract for services valued at $25,000.00 or more per year, which is the same or substantially similar to and in lieu of services previously provided, in whole or in part, by permanent, classified State employees, and which results in a reduction in force of at least one permanent, classified employee, or the elimination of a vacant position of an employee covered by a collective bargaining agreement.
  4. "Contract for services" means an agreement or combination or series of agreements by which an entity or individual agrees with an agency to provide services as a contractor, rather than as an employee.

    Added 1999, No. 75 (Adj. Sess.), § 2; amended 2009, No. 54 , § 107, eff. June 1, 2009; 2015, No. 78 (Adj. Sess.), § 2.

History

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--2009. Subdivision (3): Substituted "a" for "the" preceding "reduction" and inserted "or the elimination of a vacant position of an employee covered by a collective bargaining agreement" following "classified employee".

§ 342. Contracting standards; contracts for services.

Each contract for services valued at $25,000.00 or more per year shall require certification by the Office of the Attorney General to the Secretary of Administration that such contract for services is not contrary to the spirit and intent of the classification plan and merit system and standards of this title. A contract for services is contrary to the spirit and intent of the classification plan and merit system and standards of this title, and shall not be certified by the Office of the Attorney General as provided in this section, unless the provisions of subdivisions (1), (2), and (3) of this section are met, or one or more of the exceptions described in subdivision (4) of this section apply.

  1. The agency will not exercise supervision over the daily activities or methods and means by which the contractor provides services other than supervision necessary to ensure that the contractor meets performance expectations and standards; and
  2. The services provided are not the same as those provided by classified State employees within the agency; and
  3. The contractor customarily engages in an independently established trade, occupation, profession, or business; or
  4. Any of the following apply:
    1. The services are not available within the agency or are of such a highly specialized or technical nature that the necessary knowledge, skills, or expertise is not available within the agency.
    2. The services are incidental to a contract for purchase or lease of real or personal property.
    3. There is a demonstrated need for an independent audit, review, or investigation; or independent management of a facility is needed as a result of, or in response to, an emergency such as licensure loss or criminal activity.
    4. The State is not able to provide equipment, materials, facilities, or support services in the location where the services are to be performed in a cost-effective manner.
    5. The contract is for professional services, such as legal, engineering, or architectural services, that are typically rendered on a case-by-case or project-by-project basis, and the services are for a period limited to the duration of the project, normally not to exceed two years or provided on an intermittent basis for the duration of the contract.
    6. The need for services is urgent, temporary, or occasional, such that the time necessary to hire and train employees would render obtaining the services from State employees imprudent. Such contract shall be limited to 90 days' duration, with any extension subject to review and approval by the Secretary of Administration.
    7. Contracts for the type of services covered by the contract are specifically authorized by law.
    8. Efforts to recruit State employees to perform work, authorized by law, have failed in that no applicant meeting the minimum qualifications has applied for the job.
    9. The cost of obtaining the services by contract is lower than the cost of obtaining the same services by utilizing State employees. When comparing costs, the provisions of section 343 of this title shall apply.

      Added 1999, No. 75 (Adj. Sess.), § 2; amended 2015, No. 78 (Adj. Sess.), § 3.

History

2003. At the beginning of the introductory paragraph, deleted the subsection (a) designation for purposes of conformity to V.S.A. style.

Amendments--2015 (Adj. Sess.). Substituted "contracts for services" for "personal services contracts" in the section heading and generally amended the introductory paragraph.

§ 343. Privatization contracts; procedure.

  1. An agency shall not enter into a privatization contract, unless all of the following are satisfied:
    1. Thirty-five days prior to the beginning of any open bidding process, the agency provides written notice to the collective bargaining representative of the intent to seek to enter a privatization contract. During those 35 days, the collective bargaining representative shall have the opportunity to discuss alternatives to contracting. Such alternatives may include amendments to the contract if mutually agreed upon by the parties. Notices regarding the bid opportunity may not be issued during the 35-day discussion period. The continuation of discussions beyond the end of the 35-day period shall not delay the issuance of notices.
    2. The proposed contract is projected to result in overall cost savings to the State of at least 10 percent above the projected cost of having the services provided by classified State employees.
    3. When comparing the cost of having a service provided by classified State employees to the cost of having the service provided by a contractor:
      1. The expected costs of having services provided by classified State employees and obtaining the service through a contractor should be compared over the life of the contract. One-time costs associated with having services provided by a contractor rather than classified State employees, such as the expected cost of leave pay-outs for separating employees, unemployment compensation, and the cost of meeting the State's obligation, if any, to continue health insurance benefits, shall be spread over the expected life of the contract.
      2. The basic cost of services by a contractor includes:
        1. the bid price or maximum acceptable bid identified by the contracting authority; and
        2. any additional costs to be incurred by the agency for inspection, facilities, reimbursable expenses, supervision, training, and materials, but only to the extent that these costs exceed the costs the agency could expect to incur for inspection, facilities, reimbursable expenses, and materials if the services were provided by classified State employees.
      3. The basic cost for services provided by a classified State employee includes:
        1. wages, benefits, and training;
        2. the cost of supervision and facilities, but only to the extent that these costs exceed the costs the agency could expect to incur for supervision or facilities if the services were provided by a contractor; and
        3. the estimated cost of obtaining goods when the comparison is with the cost of a contract that includes both goods and services.
      4. Possible reductions in the cost of obtaining services from classified State employees that require concessions shall not be considered unless proposed in writing by the certified collective bargaining agent and mutually agreed to by the State and collective bargaining agent.
    1. A privatization contract shall contain specific performance measures regarding quantity, quality, and results and guarantees regarding the services performed. (b) (1)  A privatization contract shall contain specific performance measures regarding quantity, quality, and results and guarantees regarding the services performed.
    2. The agency shall provide information in the State's Workforce Report on the contractor's compliance with the specific performance measures set out in the contract.
    3. The agency may not renew the contract if the contractor fails to comply with the specific performance measures set out in the contract as required by subdivision (1) of this subsection.
    1. Before an agency may renew a privatization contract for the first time, the Auditor of Accounts shall review the privatization contract analyzing whether it is achieving: (c) (1)  Before an agency may renew a privatization contract for the first time, the Auditor of Accounts shall review the privatization contract analyzing whether it is achieving:
      1. the 10 percent cost-savings requirement set forth in subdivision (a)(2) of this section;
      2. the performance measures incorporated into the contract as required under subdivision (b)(1) of this section.
    2. If the Auditor of Accounts finds that a privatization contract has not achieved the cost savings required under subdivision (a)(2) of this section or complied with performance measures required under subdivision (b)(1) of this section, the Auditor of Accounts shall file a report with the agency and the House and Senate Committees on Government Operations, and the agency shall review whether to renew the privatization contract or perform the work with State employees.

      Added 1999, No. 75 (Adj. Sess.), § 2; amended 2017, No. 174 (Adj. Sess.), § 1, eff. May 25, 2018.

History

Amendments--2017 (Adj. Sess.). Added the subsec. (a) designation; in subsec. (a), substituted "An agency shall not enter into" for "No agency may enter" preceding "a privatization contract"; and added subsecs. (b) and (c).

§ 344. Contract administration.

  1. The Secretary of Administration shall maintain a database with information about contracts for services, including approved privatization contracts and approved personal services contracts. The Secretary shall also maintain a database with information about privatization contracts that are rejected because they fail to qualify under subdivision 343(2) of this title. Contracts maintained in the database shall be public record to the extent provided under 1 V.S.A. chapter 5, and shall be located at the agency of origin, including information about names of contractors, summaries of work to be performed, costs, and duration.
  2. The information on contracts maintained in the database shall be reported to the General Assembly in the annual workforce report required under subdivision 309(a)(19) of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

    Added 1999, No. 75 (Adj. Sess.), § 2; amended 2013, No. 142 (Adj. Sess.), § 7; 2015, No. 78 (Adj. Sess.), § 4.

History

Amendments--2015 (Adj. Sess.). Subsec. (a): Inserted "contracts for services, including" preceding "approved" in the first sentence, and "maintained in the database" preceding "shall be public" in the second sentence.

Subsec. (b): Inserted "maintained in the database" following "contracts" in the first sentence.

Amendments--2013 (Adj. Sess.). Subsection (b): Added the second sentence.

§ 345. Equal pay in government contracts; certification.

  1. Notwithstanding any other provision of law, an agency may not enter into a contract for goods with a contractor who does not provide written certification of compliance with the equal pay provisions of 21 V.S.A. § 495(a)(7) .
  2. A contractor subject to this section shall maintain and make available its books and records at reasonable times and upon notice to the contracting agency and the Attorney General so that either may determine whether the contractor is in compliance with this section.

    Added 2013, No. 31 , § 3.

§ 346. State contracting; intellectual property, software design, and information technology.

  1. The Secretary of Administration shall include in Administrative Bulletin 3.5 a policy direction applicable to State procurement contracts that include services for the development of software applications, computer coding, or other intellectual property, which would allow the State of Vermont to grant permission to the contractor to use or own the intellectual property created under the contract for the contractor's commercial purposes.
  2. The Secretary may recommend contract provisions that authorize the State to negotiate with a contractor to secure license terms and license fees, royalty rights, or other payment mechanism for the contractor's commercial use of intellectual property developed under a State contract.
  3. If the Secretary authorizes a contractor to own intellectual property developed under a State contract, the Secretary may recommend language to ensure the State retains a perpetual, irrevocable, royalty-free, and fully paid right to continue to use the intellectual property including escrow for perpetual use at least annually.

    Added 2013, No. 199 (Adj. Sess.), § 18; amended 2019, No. 49 , § 2, eff. June 10, 2019.

History

Amendments--2019. Subsec. (c): Added "including escrow for perpetual use at least annually" at the end.

§ 347. Contractor contribution restrictions.

The Secretary of Administration shall include in the terms and conditions of sole source contracts a self-certification of compliance with the contractor contribution restrictions set forth in 17 V.S.A. § 2950 .

Added 2017, No. 79 , § 4a, eff. Dec. 16, 2018.

§ 348. Internet service providers; net neutrality compliance.

  1. The Secretary of Administration shall develop a process by which an Internet service provider may certify that it is in compliance with the consumer protection and net neutrality standards established in subsection (b) of this section.
  2. A certificate of net neutrality compliance shall be granted to an Internet service provider that demonstrates and the Secretary finds that the Internet service provider, insofar as the provider is engaged in the provision of broadband Internet access service:
    1. Does not engage in any of the following practices in Vermont:
      1. Blocking lawful content, applications, services, or nonharmful devices, subject to reasonable network management.
      2. Impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service or the use of a nonharmful device, subject to reasonable network management.
      3. Engaging in paid prioritization, unless this prohibition is waived pursuant to subsection (c) of this section.
      4. Unreasonably interfering with or unreasonably disadvantaging either a customer's ability to select, access, and use broadband Internet access service or lawful Internet content, applications, services, or devices of the customer's choice or an edge provider's ability to make lawful content, applications, services, or devices available to a customer. Reasonable network management shall not be considered a violation of this prohibition.
      5. Engaging in deceptive or misleading marketing practices that misrepresent the treatment of Internet traffic or content to its customers.
    2. Publicly discloses to consumers accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.
  3. The Secretary may waive the ban on paid prioritization under subdivision (b)(1)(C) of this section only if the Internet service provider demonstrates and the Secretary finds that the practice would provide some significant public interest benefit and would not harm the open nature of the Internet in Vermont.
  4. As used in this section:
    1. "Broadband Internet access service" means a mass-market retail service by wire or radio in Vermont that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. The term also encompasses any service in Vermont that the Secretary finds to be providing a functional equivalent of the service described in this subdivision, or that is used to evade the protections established in this chapter.
    2. "Edge provider" means any person in Vermont that provides any content, application, or service over the Internet and any person in Vermont that provides a device used for accessing any content, application, or service over the Internet.
    3. "Internet service provider" or "provider" means a business that provides broadband Internet access service to any person in Vermont.
    4. "Paid prioritization" means the management of an Internet service provider's network to favor directly or indirectly some traffic over other traffic, including through the use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either in exchange for consideration, monetary or otherwise, from a third party or to benefit an affiliated entity, or both.
    5. "Reasonable network management" means a practice that has a primarily technical network management justification but does not include other business practices and that is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.
  5. The terms and definitions of this section shall be interpreted broadly and any exceptions interpreted narrowly, using relevant Federal Communications Commission orders, advisory opinions, rulings, and regulations as persuasive guidance.

    Added 2017, No. 169 (Adj. Sess.), § 2.

History

Legislative findings. 2017, No. 169 (Adj. Sess.), § 1 provides: "The General Assembly finds and declares that:

"(1) Our State has a compelling interest in preserving and promoting an open Internet in Vermont.

"(2) As Vermont is a rural state with many geographically remote locations, broadband Internet access service is essential for supporting economic and educational opportunities, strengthening health and public safety networks, and reinforcing freedom of expression and democratic, social, and civic engagement.

"(3) The accessibility and quality of communications networks in Vermont, specifically broadband Internet access service, will critically impact our State's future.

"(4) Net neutrality is an important topic for many Vermonters. Nearly 50,000 comments attributed to Vermonters were submitted to the FCC during the Notice of Proposed Rulemaking regarding the Restoring Internet Freedom Order, WC Docket No. 17-108, FCC 17-166. Transparency with respect to the network management practices of ISPs doing business in Vermont will continue to be of great interest to many Vermonters.

"(5) In 1996, Congress recognized that '[t]he Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity' and '[i]ncreasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services.' 47 U.S.C. § 230(a)(3) and (5).

"(6) Many Vermonters do not have the ability to choose easily between Internet service providers (ISPs). This lack of a thriving competitive market, particularly in isolated locations, disadvantages the ability of consumers and businesses to protect their interests sufficiently.

"(7) Without net neutrality, 'ISPs will have the power to decide which websites you can access and at what speed each will load. In other words, they'll be able to decide which companies succeed online, which voices are heard - and which are silenced.' Tim Berners-Lee, founder of the World Wide Web and Director of the World Wide Web Consortium (W3C), December 13, 2017.

"(8) The Federal Communications Commission's (FCC's) recent repeal of the federal net neutrality rules pursuant to its Restoring Internet Freedom Order manifests a fundamental shift in policy.

"(9) The FCC anticipates that a 'light-touch' regulatory approach under Title I of the Communications Act of 1934, rather than 'utility-style' regulation under Title II, will further advance the Congressional goals of promoting broadband deployment and infrastructure investment.

"(10) The FCC's regulatory approach is unlikely to achieve the intended results in Vermont. The policy does little, if anything, to overcome the financial challenges of bringing broadband service to hard-to-reach locations with low population density. However, it may result in degraded Internet quality or service. The State has a compelling interest in preserving and protecting consumer access to high quality Internet service.

"(11) The economic theory advanced by the FCC in 2010 known as the 'virtuous circle of innovation' seems more relevant to the market conditions in Vermont. See In re Preserving the Open Internet, 25 F.C.C.R. 17905, 17910-11 (2010).

"(12) As explained in the FCC's 2010 Order, 'The Internet's openness... enables a virtuous circle of innovation in which new uses of the network - including new content, applications, services, and devices - lead to increased end-user demand for broadband, which drives network improvements, which in turn lead to further innovative network uses. Novel, improved, or lower-cost offerings introduced by content, application, service, and device providers spur end-user demand and encourage broadband providers to expand their networks and invest in new broadband technologies." 25 FCC Rcd. at 17910-11, upheld by Verizon v. FCC, 740 F.3d 623, 644-45 (D.C. Circuit 2014).

"(13) As affirmed by the FCC five years later, '[t]he key insight of the virtuous cycle is that broadband providers have both the incentive and the ability to act as gatekeepers standing between edge providers and consumers. As gatekeepers, they can block access altogether; they can target competitors, including competitors in their own video services; and they can extract unfair tolls.' Open Internet Order, 30 FCC Rcd at para. 20.

"(14) The State may exercise its traditional role in protecting consumers from potentially unfair and anticompetitive business practices. Doing so will provide critical protections for Vermont individuals, entrepreneurs, and small businesses that do not have the financial clout to negotiate effectively with commercial providers, some of whom may provide services and content that directly compete with Vermont companies or companies with whom Vermonters do business.

"(15) The FCC's most recent order expressly contemplates a state's exercise of its traditional police powers on behalf of consumers: 'we do not disturb or displace the states' traditional role in generally policing such matters as fraud, taxation, and general commercial dealings, so long as the administration of such general state laws does not interfere with federal regulatory objectives.' Restoring Internet Freedom Order, WC Docket No. 17-108, FCC 17-166, para. 196.

"(16) The benefits of State measures designed to protect the ability of Vermonters to have unfettered access to the Internet far outweigh the benefits of allowing ISPs to manipulate Internet traffic for pecuniary gain.

"(17) The most recent order of the FCC contemplates federal and local enforcement agencies preventing harm to consumers: 'In the unlikely event that ISPs engage in conduct that harms Internet openness . . . we find that utility-style regulation is unnecessary to address such conduct. Other legal regimes - particularly antitrust law and the FTC's authority under Section 5 of the FTC Act to prohibit unfair and deceptive practices - provide protections to consumers.' para. 140. The Attorney General enforces antitrust violations or violations of the Consumer Protection Act in Vermont.

"(18) The State has a compelling interest in knowing with certainty what services it receives pursuant to State contracts.

"(19) Procurement laws are for the benefit of the State. When acting as a market participant, the government enjoys unrestricted power to contract with whomever it deems appropriate and purchase only those goods or services it desires.

"(20) The disclosures required by this act are a reasonable exercise of the State's traditional police powers and will support the State's efforts to monitor consumer protection and economic factors in Vermont, particularly with regard to competition, business practices, and consumer choice, and will also enable consumers to stay apprised of the network management practices of ISPs offering service in Vermont.

"(21) The State is in the best position to balance the needs of its constituencies with policies that best serve the public interest. The State has a compelling interest in promoting Internet consumer protection and net neutrality standards. Any incidental burden on interstate commerce resulting from the requirements of this act is far outweighed by the compelling interests the State advances."

§ 349. State contracting; Internet service.

The Secretary of Administration shall include in Administrative Bulletin 3.5 a requirement that State procurement contracts for broadband Internet access service, as defined in subdivision 348(d)(3) of this title, include terms and conditions requiring that the Internet service provider certify that it is in compliance with the consumer protection and net neutrality standards established in section 348 of this title.

Added 2017, No. 169 (Adj. Sess.), § 3.

History

Application; government contracts. 2017, No. 169 (Adj. Sess.), § 7 provides: "The requirements of Secs. 3-6 of this act [which enacted 3 V.S.A. § 349, amended 22 V.S.A. § 901, and enacted 2 V.S.A. § 754 and 4 V.S.A. § 27a] shall apply to all government contracts for Internet service entered into or renewed on or after either April 15, 2019 or the date on which the Governor's Executive Order No. 2-18 (Internet neutrality in State procurement) is revoked and rescinded, whichever is earlier."

CHAPTER 15. VERMONT EMPLOYEES' RETIREMENT SYSTEM

Subchapter 1. Generally

§§ 371-385. Repealed. 1971, No. 231 (Adj. Sess.), § 5.

History

Former §§ 371-385. Former § 371, relating to definitions, was derived from 1957, No. 214 , § 1; 1955, No. 242 , § 1; 1953, No. 225 , §§ 1, 2; V.S. 1947, § 516; 1947, No. 5 , § 1; 1943, No. 168 , § 1; 1941, No. 206 , § 1 and amended by 1959, No. 262 , § 37; 1963, No. 25 ; 1966, No. 2 (Sp. Sess.), § 1; 1969, No. 266 (Adj. Sess.), § 2. The subject matter is now covered by § 455 of this title.

Former § 372, relating to name and date of establishment, was derived from V.S. 1947, § 517; 1947, No. 5 , § 2. The subject matter is now covered by § 456 of this title.

Former § 373, relating to members, was derived from V.S. 1947, § 518; 1947, No. 5 , § 3. The subject matter is now covered by § 457 of this title.

Former § 374, relating to creditable service and military service, was derived from 1951, No. 9 , § 1; V.S. 1947, § 519; 1947, No. 5 , § 4. The subject matter is now covered by § 458 of this title.

Former § 375, relating to service retirement, was derived from 1957, No. 220 , § 1; 1957, No. 42 ; 1955, No. 242 , §§ 2, 7; 1953, No. 225 , §§ 3, 4; 1949, No. 11 ; 1949, No. 10 , §§ 1, 2; V.S. 1947, § 520; 1947, No. 5 , § 5 and amended by 1961, No. 226 ; 1963, No. 180 , § 1; 1966, No. 18 (Sp. Sess.); 1967, No. 12 , § 1; No. 338 (Adj. Sess.), § 1; No. 347 (Adj. Sess.), § 1; 1969, No. 294 (Adj. Sess.), § 13(c); 1971, No. 231 (Adj. Sess.), § 2. The subject matter is now covered by § 459 of this title.

Former § 376, relating to disability retirement, was derived from 1957, No. 220 , § 2; 1957, No. 214 , § 2; 1955, No. 242 , §§ 3, 4; 1953, No. 225 , § 5; 1949, No. 10 , § 3; V.S. 1947, § 521; 1947, No. 5 , § 6 and amended by 1963, No. 180 , § 2; 1966, No. 2 (Sp. Sess.), § 2; 1967, No. 347 (Adj. Sess.), § 2. The subject matter is now covered by §§ 460-462 of this title.

Former § 377, relating to offsets, was derived from V.S. 1947, § 525; 1947, No. 5 , § 10. The subject matter is now covered by § 466 of this title.

Former § 378, relating to reinstatement, was derived from V.S. 1947, § 522; 1947, No. 5 , § 7. The subject matter is now covered by § 463 of this title.

Former § 379, relating to termination of service and refunds, was derived from 1953, No. 225 , § 6; V.S. 1947, § 523; 1947, No. 5 , § 8 and amended by 1967, No. 12 , § 2. The subject matter is now covered by § 465 of this title.

Former § 380, relating to optional benefits, was derived from 1955, No. 120 , § 1; 1953, No. 225 , § 7; V.S. 1947, § 524; 1947, No. 5 , § 9 and amended by 1965, No. 211 . The subject matter is now covered by § 468 of this title.

Former § 381, relating to retirement board, medical board, actuary, rates of contribution and safekeeping of securities, was derived from 1949, No. 10 , § 4; V.S. 1947, § 526; 1947, No. 5 , § 11. The subject matter is now covered by § 471 of this title.

Former § 382, relating to investments, interest rates and disbursements, was derived from V.S. 1947, § 527; 1947, No. 5 , § 12 and amended by 1967, No. 18 , § 1; No. 64, § 1. The subject matter is now covered by § 472 of this title.

Former § 383, relating to funds, was derived from 1955, No. 242 , § 5; V.S. 1947, § 528; 1947, No. 5 , § 3 and amended by 1959, No. 43 , §§ 1, 2; 1959, No. 328 (Adj. Sess.), § 8(b); 1961, No. 61 . The subject matter is now covered by § 473 of this title.

Former § 384, relating to errors, was derived from V.S. 1947, § 529; 1947, No. 5 , § 14. The subject matter is now covered by § 475 of this title.

Former § 385, relating to exemption of member's interest and assignment, was derived from V.S. 1947, § 530; 1947, No. 5 , § 15. The subject matter is now covered by § 476 of this title.

Subchapter 2. Employees of Political Subdivisions

§§ 431-441. Repealed. 1971, No. 231 (Adj. Sess.), § 5.

History

Former §§ 431-441. Former § 431, relating to definitions, was derived from 1949, No. 12 , § 1 and amended by 1961, No. 114 , § 1. The subject matter is now covered by § 481 of this title.

Former § 432, relating to participation by local governments and election by employer, was derived from 1949, No. 12 , § 2 and amended by 1961, No. 114 , § 2; 1967, No. 137 , § 3. The subject matter is now covered by § 482 of this title.

Former § 433, relating to petition by employees and transfer of funds, was derived from 1949, No. 12 , § 3. The subject matter is now covered by § 483 of this title.

Former § 434, relating to election by employee and service credits, was derived from 1949, No. 12 , § 4. The subject matter is now covered by § 484 of this title.

Former § 435, relating to compulsory membership, was derived from 1949, No. 12 , § 5. The subject matter is now covered by § 485 of this title.

Former § 436, relating to duty of local officers, was derived from 1949, No. 12 , § 6. The subject matter is now covered by § 486 of this title.

Former § 437, relating to rates of contribution, was derived from 1949, No. 12 , § 7. The subject matter is now covered by § 487 of this title.

Former § 438, relating to payment of contributions, was derived from 1949, No. 12 , § 8. The subject matter is now covered by § 488 of this title.

Former § 439, relating to benefits, was derived from 1949, No. 12 , § 9. The subject matter is now covered by § 489 of this title.

Former § 440, relating to default and paid up deferred annuity, was derived from 1949, No. 12 , § 10. The subject matter is now covered by § 490 of this title.

Former § 441, relating to liability of retirement system, was derived from 1949, No. 12 , § 11. The subject matter is now covered by § 491 of this title.

Subchapter 3. Transfers Between Retirement Systems

§ 451. Repealed. 1971, No. 231 (Adj. Sess.), § 5.

History

Former § 451. Former § 451, relating to transfer of memberships, was derived from 1953, No. 155 and amended by 1963, No. 33 . The subject matter is now covered by § 495 of this title.

CHAPTER 16. VERMONT EMPLOYEES' RETIREMENT SYSTEM

History

Periodic review of retirement system. 1989, No. 78 , § 18, provided: "The house and senate committees on government operations shall conduct a review of the retirement systems at least once every other biennium".

Transitional provisions of Group C - 1997, No. 89 (Adj. Sess.). 1997, No. 89 (Adj. Sess), § 11, provided:

"(a) On July 1, 1998, any member in service who was a group B member under the provisions of chapter 16 of Title 3 in effect immediately prior to the effective date of this act [July 1, 1998] shall become a group C member.

"(b) The provisions of chapter 16 of Title 3 in effect immediately prior to the effective date of this act shall apply to any group B member who is separated from service on July 1, 1998 and fails to resume service prior to retirement.

"(c) The provisions of chapter 16 of Title 3 in effect immediately prior to the effective date of this act shall apply to state employees who retired as group B members on or before June 30, 1998".

Election to participate in defined contribution retirement plan [3 V.S.A. § 500]. 1997, No. 129 (Adj. Sess.), § 2, provided: "(a) Any group A, B, C, D or F member of the Vermont state retirement system may elect to participate in the defined contribution plan established under chapter 16A of Title 3, provided the employee is not a classified employee at the time of such election and the election is made on or before December 31, 1998.

"(b) The procedure for election to participate in the defined contribution retirement plan shall be established by the state treasurer. The treasurer shall establish the date of election and shall provide all members of the state employees' retirement system who are eligible to participate in the plan with notice of the election together with a general written explanation of the election and its consequences, at no cost to the member.

"(c) All employees electing to participate in the defined contribution retirement plan shall lose all rights to benefits as a member of the Vermont state retirement system and shall attain all rights to benefits as a member of the defined contribution retirement plan. On January 1, 1999, the state treasurer shall transfer the full actuarial value of the accrued benefit calculated on a cost neutral basis or the member's contribution plus accumulated interest, whichever is greater, as of the time of transfer, of all employees who elect to participate in the defined contribution retirement plan established under chapter 16A of Title 3.

"(d) Election to participate in the defined contribution retirement plan is irrevocable, unless the employee becomes a classified employee and elects to transfer his or her membership and the full actuarial value of the accrued benefit, to the Vermont state retirement system".

Cross References

Cross references. Municipal employees' retirement system, see § 5051 et seq. of Title 24.

State teachers' retirement system, see § 1931 et seq. of Title 16.

Subchapter 1. Generally

History

Application of provisions of chapter in effect prior to 1989, No. 277 (Adj. Sess.) amendments. 1989, No. 277 (Adj. Sess.), § 17v(a)-(c), eff. Jan. 1, 1991, provided:

"(a) On January 1, 1991, any member in service who was a group E member under the provisions of chapter 16 of Title 3 in effect immediately prior to the effective date of this act shall become a group F member.

"(b) The provisions of chapter 16 of Title 3 in effect immediately prior to the effective date of this act shall apply to any group E member who is separated from service on January 1, 1991 and fails to resume service prior to retirement.

"(c) The provisions of chapter 16 of Title 3 in effect immediately prior to the effective date of this act shall apply to state employees who retired as group E members on or before December 31, 1990".

ANNOTATIONS

Cited. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993).

§ 455. Definitions.

  1. As used in this subchapter:
    1. "Accumulated contributions" shall mean the sum of all the amounts deducted from the compensation of a member together with any amount transferred to the account of the member established pursuant to this system from the respective account of said member under one or both of the predecessor systems, with interest thereon, as provided in section 473 of this title.
    2. "Actuarial equivalent" shall mean a benefit of equal value under the actuarial assumptions last adopted by the Retirement Board under subsection 472a(h) of this title.
    3. "Annuity" shall mean annual payments for life derived from the accumulated contributions of a member.
    4. "Average final compensation" shall mean:
      1. For a Group A and a Group F member, the average annual earnable compensation of a member during the three consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest average, or during all of the years of creditable service if fewer than three years. If the member's highest three years of earnable compensation are the three years prior to separation of service and the member separates prior to the end of a fiscal year, average final compensation shall be determined by adding:
        1. The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.
        2. The earnable compensation and service credit earned in the preceding two fiscal years.
        3. The remaining service credit that is needed to complete the three full years, which shall be factored from the fiscal year preceding the two fiscal years described in subdivision (ii) of this subdivision (A). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
      2. For a Group C member, the average annual earnable compensation of a member during the two consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest such average, or during all of the years in the member's creditable service if fewer than two years. If the member's highest two years of earnable compensation are the two years prior to separation of service and the member separates prior to the end of a fiscal year, average final compensation shall be determined by adding:
        1. The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.
        2. The earnable compensation and service credit earned in the preceding fiscal year.
        3. The remaining service credit that is needed to complete the two full years, which shall be factored from the fiscal year preceding the fiscal year described in subdivision (ii) of this subdivision (B). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
      3. For purposes of determining average final compensation for Group A or Group C members, a member who has accumulated unused sick leave at retirement shall be deemed to have worked the full normal working time for his or her position for 50 percent of such leave, at his or her full rate of compensation in effect at the date of his or her retirement. For purposes of determining average final compensation for Group F members, unused annual or sick leave, termination bonuses, and any other compensation for service not actually performed shall be excluded. The average final compensation for a State's Attorney and the Defender General shall be determined by the State's Attorney's or the Defender General's highest annual compensation earned during his or her creditable service.
      4. For purposes of determining average final compensation for a member who has accrued service in more than one group plan within the System, the highest consecutive years of earnings shall be based on the formulas set forth in subdivision (A) or (B) of this subdivision (4) using the earnable compensation received while a member of the System.
      5. For Group A, C, or F members who retire on or after July 1, 2012, an increase in compensable hours in any year used to calculate average final compensation that exceeds 120 percent of average compensable hours shall be excluded from that year when calculating average final compensation.
    5. "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this subchapter.
    6. "Creditable service" shall mean service for which credit is allowed under section 458 of this title, plus service transferred under section 495 of this title.
    7. "Department" shall mean any department, institution, or agency of this State government.
    8. "Earnable compensation" shall mean the full rate of compensation that would be payable to an employee if the employee worked the full normal working time for the employee's position.  In cases where compensation includes maintenance, the Retirement Board shall fix the value of that part of the compensation not paid in money.
    9. "Employee" shall mean:
      1. Any regular officer or employee of the Vermont Historical Society or a department other than a person included under subdivision (B) of this subdivision (9), who is employed for not less than 40 calendar weeks in a year. "Employee" includes deputy State's Attorneys, victim advocates employed by a State's Attorney pursuant to 13 V.S.A. § 5306 , secretaries employed by a State's Attorney pursuant to 32 V.S.A. § 1185 , and other positions created within the State's Attorneys' offices that meet the eligibility requirements for membership in the Retirement System.
      2. Any regular officer or employee of the Department of Public Safety assigned to police and law enforcement duties, including the Commissioner of Public Safety appointed before July 1, 2001; but, irrespective of the member's classification, shall not include any member of the General Assembly as such, any person who is covered by the Vermont Teachers' Retirement System, any person engaged under retainer or special agreement or Group C beneficiary employed by the Department of Public Safety for not more than 208 hours per year, or any person whose principal source of income is other than State employment. In all cases of doubt, the Retirement Board shall determine whether any person is an employee as defined in this subchapter. Also included under this subdivision are employees of the Department of Liquor and Lottery who exercise law enforcement powers, employees of the Department of Fish and Wildlife assigned to law enforcement duties, motor vehicle inspectors, full-time deputy sheriffs compensated by the State of Vermont whose primary function is transports, full-time members of the Capitol Police force, investigators employed by the Criminal Division of the Office of the Attorney General, Department of State's Attorneys, Department of Health, or Office of the Secretary of State, who have attained Level III law enforcement officer certification from the Vermont Criminal Justice Council, who are required to perform law enforcement duties as the primary function of their employment, and who may be subject to mandatory retirement permissible under 29 U.S.C. § 623(j) , who are first included in membership of the system on or after July 1, 2000. Also included under this subdivision are full-time firefighters employed by the State of Vermont and the Defender General.
    10. "Medical Board" shall mean the board of physicians provided for in section 471 of this title.
    11. "Member" shall mean any employee included in the membership of the Retirement System under section 457 of this title.
      1. "Group A members" shall mean employees classified under subdivision (A) of subdivision (9) of this subsection.
      2. [Repealed.]
      3. "Group C members" shall mean employees classified under subdivision (B) of subdivision (9) of this subsection who become members as of the date of establishment, any person who is first included in the membership of the System on or after July 1, 1998, any person who was a Group B member on June 30, 1998, who was in service on that date, and any person who was a Group B member on June 30, 1998, who was absent from service on that date who returns to service on or after July 1, 1998.
      4. "Group D members" shall mean Justices of the Supreme Court, Superior judges, district judges, environmental judges, and probate judges.
      5. "Group F member" shall mean any person who is first included in the membership of the System on or after January 1, 1991, any person who was a Group E member on December 31, 1990, who was in service on that date, and any person who was a Group E member on December 31, 1990, who was absent from service on that date who returns to service on or after January 1, 1991.
    12. "Membership service" shall mean service rendered while a member of the Retirement System.
    13. "Normal retirement date" shall mean:
      1. with respect to a Group A member, the first day of the calendar month next following (i) attainment of age 65, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or (ii) attainment of age 62 and completion of 20 years of creditable service, whichever is earlier;
      2. with respect to a Group C member, the first day of the calendar month next following attainment of age 55, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or completion of 30 years of service, whichever is earlier;
      3. with respect to a Group D member, the first day of the calendar month next following attainment of age 62 and completion of five years of creditable service; and
      4. with respect to a Group F member, the first day of the calendar month next following attainment of age 62, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or completion of 30 years of creditable service, whichever is earlier; and with respect to a Group F member first included in the membership of the system on or after July 1, 2008, the first day of the calendar month next following attainment of age 65 and following completion of five years of creditable service, or attainment of 87 points reflecting a combination of the age of the member and number of years of service, whichever is earlier.
    14. "Pension" shall mean annual payments for life derived from contributions by the State.
    15. "Predecessor system" shall mean, where applicable, the Vermont Employees' Retirement System and the Vermont State Police and Motor Vehicle Inspectors' Retirement System, either one of them, or a combination thereof.
    16. "Prior service" shall mean service rendered prior to the date of membership in the Retirement System for which credit was given under the terms of one or both of the predecessor systems as set forth in section 458 of this title.
    17. "Regular interest" shall mean interest at such rate or rates as may be set from time to time by the Retirement Board in accordance with subsection 472(b) of this title.
    18. "Retirement allowance" or "maximum allowance" shall mean the sum of the annuity and the pension. All retirement allowances shall be payable in equal monthly installments except that when the retirement allowance is less than $20.00 per month it shall be payable on such basis as the Board may direct.
    19. "Retirement Board" or "Board" shall mean the board provided for in section 471 of this title to administer the Retirement System.
    20. "Retirement System" shall mean the Vermont State Retirement System as defined in section 456 of this title.
    21. "Service" shall mean service as an employee for which compensation is paid by the State.
    22. "Social Security benefit" shall mean the amount of the member's primary insurance benefit or disability insurance benefit under Title II of the Social Security Act and such other benefit or benefits as may be payable on the member's account under said title, computed on the basis of such act as in effect at the time of retirement and limited to the portion of such benefit or benefits which is attributable to service for which the member receives credit under section 458 of this title, to which a member or other person on his or her account is or would upon proper application be entitled, irrespective of earnings the member or members may be receiving in excess of any limit on earnings for full entitlement to such benefit or benefits.
    23. "Survivor's insurance benefit" shall mean the amount paid or payable under Title II of the Social Security Act, computed on the basis of such act as in effect at the time of the member's death and limited to the portion of such amount which is attributable to service for which he or she receives credit under section 458 of this title, to any person or persons on account of the death of a member, even though such amount or any part thereof is not actually received by such person because of his or her failure to make proper application therefor, or because of his or her receipt of earnings which would make him or her ineligible for such benefit.
    24. "Committee" shall mean the Vermont Pension Investment Committee.
    25. "Fund" or "Vermont State Retirement Fund" shall mean the fund created by section 473 of this title, which shall contain the assets of the Retirement System and from which shall be paid the benefits due to beneficiaries and the expenses of the Retirement System.
    26. "Average compensable hours" shall mean average annual compensable hours for a period of five full years immediately preceding the years used to determine average final compensation for any member who terminates his or her position after July 1, 2002. If a member's compensable hours in any year used to calculate average final compensation exceeds 120 percent of average compensable hours, the compensation for hours worked in excess of 120 percent shall be excluded from average final compensation for that particular year. Average compensable hours form the benchmark to preclude abuses by implementing a 20-percent limit on increases in compensable hours in any year used to calculate average final compensation.
    27. "Compensable hours" shall mean all hours worked during a fiscal year and shall include the following types of paid time: regular hours worked, overtime hours worked, and paid leave.
    28. "Successor in interest" means the mental health hospital owned and operated by the State that provides acute inpatient care and replaces the Vermont State Hospital.
  2. [Repealed.]

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1973, No. 37 , § 1; 1977, No. 153 (Adj. Sess.), § 1; No. 222 (Adj. Sess.), § 3, eff. July 2, 1978; 1981, No. 41 , §§ 1-3; 1987, No. 121 , § 14; 1989, No. 78 , §§ 1, 3, 10; 1989, No. 277 (Adj. Sess.), §§ 17d-17f, eff. Jan. 1, 1991; 1997, No. 68 (Adj. Sess.), § 3, eff. March 1, 1998; No. 89 (Adj. Sess.), § 2; 1999, No. 158 (Adj. Sess.), § 22; 2001, No. 57 , § 1; 2001, No. 116 (Adj. Sess.), § 5, eff. May 28, 2002; 2003, No. 66 , § 302a, eff. July 1, 2004; 2003, No. 115 (Adj. Sess.), § 1; No. 122 (Adj. Sess.), § 297; 2005, No. 50 , § 3; 2005, No. 165 (Adj. Sess.), § 1; 2007, No. 13 , § 1; No. 47, § 13; 2007, No. 116 (Adj. Sess.), § 1; No. 137 (Adj. Sess.), § 1; No. 146 (Adj. Sess.), § 3; 2009, No. 139 (Adj. Sess.), §§ 1, 2, 13(a); 2011, No. 79 (Adj. Sess.), § 11, eff. April 4, 2012; 2013, No. 22 , § 1; 2013, No. 115 (Adj. Sess.), § 1; 2013, No. 141 (Adj. Sess.), § 12, eff. July 1, 2015; 2015, No. 58 , § E.203.2; 2015, No. 97 (Adj. Sess.), § 3; 2017, No. 81 , § 1, eff. June 15, 2017; 2017, No. 165 (Adj. Sess.), § 1; 2019, No. 73 , § 19; 2019, No. 131 (Adj. Sess.), § 1.

History

Reference in text. Title II of the Social Security Act, referred to in subdivs. (22) and (23), is codified as 42 U.S.C. § 401 et seq.

2020. In subdiv. (a)(9)(B), substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Editor's note. 2001, No. 57 , § 1, provided for the amendment of subdiv. (9) of this section; however, the text purported to be amended by the act was contained in subdiv. (a)(9). Therefore, the amendment by 2001, No. 57 , § 1, was implemented in that subdivision.

Amendments--2019 (Adj. Sess.). Subdiv. (a)(9)(B): Inserted "Group" preceding "C beneficiary" in the first sentence.

Amendments--2019. Subdiv. (a)(9)(B): In the second sentence, substituted "Department of Liquor and Lottery" for "Department of Liquor Control".

Amendments--2017 (Adj. Sess.). Subdivs. (a)(4)(A)(i) and (a)(4)(B)(i): Inserted "in the fiscal year of separation" following "earned" and "the" preceding "service credit".

Amendments--2017. Subdiv. (a)(9)(A): Deleted "in" following "Society or" in the first sentence and added the second sentence.

Amendments--2015 (Adj. Sess.). Rewrote subsec. (a) introductory language, and repealed subsec. (b)

Amendments--2015. Subdivision (a)(4)(C): Inserted "and the Defender General" following "State's Attorney" and "or the Defender General's" following "State's Attorney's" in the last sentence.

Subdivision (a)(9)(B): Added "and the Defender General" following "State of Vermont" in the last sentence.

Amendments--2013 (Adj. Sess.). Subdivision (a)(26): Act No. 115 inserted "for any member who terminates their position after July 1, 2002" at the end of the first sentence.

Subdivision (a)(9)(B): Act No. 141 substituted "compensated" for "employed" following "full-time deputy sheriffs", "Level III law enforcement officer" for "full-time" following "who have attained" and "29 U.S.C. § 623(j)" for "29 U.S.C. section 623(j)" following "retirement permissible under", and inserted "whose primary function is transports" preceding ", full-time members".

Amendments--2013. Subdivision (a)(4)(A)(i): Deleted "corresponding" preceding "service" and inserted "to correspond with the last paydate" following "credit".

Subdivision (a)(4)(B)(i): Deleted "corresponding" preceding "service" and inserted "to correspond with the last paydate" following "credit".

Subdivision (a)(6): Inserted ", plus service transferred under section 495 of this title" following "title" at the end of the subdivision.

Amendments--2011 (Adj. Sess.) Subdivision (a)(28): Added.

Amendments--2009 (Adj. Sess.) Subsection (a): Added subdivs. (4)(E), (26) and (27).

Amendments--2007 (Adj. Sess.) Subdivision (a)(2): Amended generally by Act No. 137.

Subdivision (a)(9)(B): Act No. 146 inserted "full-time members of the capitol police force" following "state of Vermont," in the third sentence.

Subdivision (a)(13)(D): Act No. 116 added "and with respect to a group F member first included in the membership of the system on or after July 1, 2008, the first day of the calendar month next following attainment of age 65 and following completion of five years of creditable service, or attainment of 87 points reflecting a combination of the age of the member and number of years of service, whichever is earlier".

Amendments--2007. Subdivision (a)(4): Rewrote the subdivision.

Subdivision (a)(9)(B): Deleted "any person who is covered by the Vermont teachers' retirement system" preceding "any person engaged" in the first sentence.

Subdivision (a)(18): Inserted "or 'maximum allowance'" preceding "shall".

Subdivision (a)(25): Added.

Amendments--2005 (Adj. Sess.). Subdivision (a)(13): Added "or completion of 30 years of service, whichever is earlier" following the second occurrence of "July 1, 2004".

Amendments--2005 Subdivision (a)(24): Added.

Amendments--2003 (Adj. Sess.). Subdivision (a)(11)(D): Inserted "environmental judges" following "district judges".

Subdivision (a)(13): Substituted "65, and following completion of five years of creditable service for those members hired on or after July 1, 2004" for "sixty-five"; "62" for "sixty-two" in two places; "20" for "twenty"; "55, and following completion of five years of creditable service for those members hired on or after July 1, 2004" for "fifty-five"; and inserted "and following completion of five years of creditable service for those members hired on or after July 1, 2004" preceding "or completion of 30 years of creditable service".

Amendments--2003. Subdivision (9)(B): Deleted "(B) of" preceding "this subdivision" and "and full-time firefighters employed by the state of Vermont" preceding "who are first" and added the last sentence.

Amendments--2001 (Adj. Sess.). Subdivision (a)(9): Inserted "criminal division of the" preceding "office of the attorney general" and "department of health" following "department of state's attorney" in the third sentence.

Amendments--2001. Subdivision (a)(9): Inserted "appointed before July 1, 2000" in the first sentence and rewrote the third sentence.

Amendments--1999 (Adj. Sess.) Subdivision (9): Substituted "40 calendar" for "forty calendar", deleted "motor vehicle inspectors so employed prior to the date of establishment including the commissioner of motor vehicles" following "public safety" and substituted "the member's" for "his" preceding "classification" in item (B) and added the last sentence.

Amendments--1997 (Adj. Sess.). Subsection (a): Act No. 89 in subdiv. (4) deleted two references to group B members following "group A", in subdiv. (9) deleted "any group B" following "agreement", deleted subdiv. (a)(11)(B), in subdiv. (a)(11)(C) added the language following "establishment", and in subdiv. (13) deleted "a group B or" preceding "a group C member".

Act No. 68 deleted "elected prior to July 1, 1987" from the end of subdiv. (11)(D) and deleted "probate judges elected or appointed for the first time on or after January 1, 1991" following "system on or after January 1, 1991" in subdiv. (11)(E).

Amendments--1989 (Adj. Sess.). Subdivision (a)(4): Substituted "F member" for "E member" preceding "the average" in the first sentence and "F" for "E" following "group" in the third sentence.

Subdivision (a)(11)(E): Amended generally.

Subdivision (a)(13): Deleted "or a group E" following "group D", substituted "five" for "ten" following "completion of" and added "and (D) with respect to a group F member, the first day of the calendar month next following attainment of age 62 or completion of 30 years of creditable service" following "creditable service" and made other minor stylistic changes.

Amendments--1989. Subdivision (a)(4): Substituted "three" for "five" preceding "consecutive" and following "less than" in the first sentence and inserted "or her" following "his" in three places in that sentence and in three places in the second sentence.

Subdivision (a)(9): Inserted "any group B or C beneficiary employed by the department of public safety for not more than 208 hours per year" following "agreement" in the first sentence.

Subdivision (a)(13): Deleted "and group D" following "group A", inserted "group D or a" preceding "group E" and deleted "his" preceding "attainment" in three places and preceding "completion" in two places.

Amendments--1987. Subdivision (a)(11)(D): Added "elected prior to July 1, 1987" following "probate judges".

Subdivision (a)(11)(E): Deleted "and" following "of this title" and added "and probate judges elected or appointed for the first time on or after July 1, 1987" following "group E members".

Amendments--1981. Subdivision (a)(4): Inserted "and a group E" following "group B" in the first sentence, "for group A, group B, group C and group D" following "final compensation" in the second sentence, and added the third sentence.

Subdivision (a)(11)(E): Added.

Subdivision (a)(13): Deleted "and" preceding "(B)" and added "and (C) with respect to a group E member, the first day of the calendar month next following his attainment of age sixty-two and his completion of ten years of creditable service" at the end of the sentence.

Amendments--1977 (Adj. Sess.). Subdivision (a)(4): Act No. 222 added the second sentence.

Subdivision (a)(13): Act No. 153 substituted "twenty" for "thirty" preceding "years of creditable service".

Amendments--1973. Subdivision (a)(9): Inserted "of the Vermont historical society or" preceding "in a department".

Prospective repeal of subdivs. (a)(4)(E), (a)(26) and (a)(27). 2009, No. 139 (Adj. Sess.) provides for the repeal of subdivs. (a)(4)(E), (a)(26) and (a)(27) of this section on July 1, 2014.

Repeal of sunset date. 2009, No. 139 (Adj. Sess.), § 13(a), which provided for the repeal of subdivisions (a)(4)(E), (a)(26) and (a)(27) of this section, effective July 1, 2014, was repealed by 2013, No. 115 (Adj. Sess.), § 2.

Years of service required for retirement for group F members. 1989, No. 277 (Adj. Sess.), § 17v(e), eff. Jan. 1, 1991, provided:

"Notwithstanding the provisions of chapter 16 of Title 3, relating to normal retirement upon completion of 30 years service, the years of service required for normal retirement for group F members shall be as follows:

"(A) In calendar year 1991-38 years

"(B) In calendar year 1992-36 years

"(C) In calendar year 1993-34 years

"(D) In calendar year 1994-32 years

"(E) In Calendar year 1995-30 years".

Merger of groups B and C. 1997, No. 89 (Adj. Sess), § 11, provided, in part: "(a) On July 1, 1998, any member in service who was a group B member under the provisions of chapter 16 of Title 3 in effect immediately prior to the effective date of this act [July 1, 1998] shall become a group C member".

Election. 1997, No. 68 (Adj. Sess.), which amended this section, provides in § 4: "A probate judge who, prior to the effective date of this act was a member of group F, shall remain in group F unless, within 60 days of the effective date of this act, he or she elects to become a member of group D. Any probate judge who so elects shall deposit in the annuity savings fund by a single contribution the amount or amounts the member would have contributed if he or she had been a member of group D instead of a member of group F".

Effective date of 2003 amendment; prospective repeal of amendment. 2003, No. 66 , § 326(f) provides that Secs. 302a, which amends subdivision (a)(9) of this section, and 302b of that act shall take effect July 1, 2004. However, if the general assembly accepts the proposal from the treasurer pursuant to Sec. 302 and therefore enacts a different provision for providing a new group retirement plan for full-time state firefighters, Secs. 302a, which amends subdivision (a)(9) of this section, and 302b shall be repealed.

Participation in Group C plan by full-time state firefighters. 2003, No. 66 , § 302b, provides: "(a) Full-time firefighters employed by the state of Vermont who are not members of the Group C plan of the Vermont state retirement system shall be eligible to participate in the Group C plan. Participation in the Group C plan shall be in lieu of participation in any other plan of the Vermont state retirement system. Election to participate in the Group C plan is irrevocable.

"(b) If, after July 1, 2005, a full-time firefighter employed by the state of Vermont has not elected to participate in the Group C plan of the Vermont state retirement system, that employee shall remain in the Group F plan of the Vermont state retirement system".

Military service credit; one-time military stipend; state employees; teachers. 2005, No. 163 (Adj. Sess.), § 8, provides that: "(a) A beneficiary of the Vermont state retirement system who retired prior to July 1, 2006 and who, prior to retirement, would have been otherwise eligible for credit for military service in what is now the Republic of Vietnam between February 28, 1961 and August 4, 1964 may apply to the retirement board for a one-time military stipend by December 31, 2006. Upon a determination that the beneficiary was eligible prior to retirement for a grant of military service credit for service under this section, the beneficiary shall be entitled to a stipend of $500.00 for each year served, up to a maximum of $1,500.00. The stipend shall be pro-rated for partial years of service.

"(b) A beneficiary of the state teachers' retirement system of Vermont who retired prior to July 1, 2006 and who, prior to retirement, would have been otherwise eligible for credit for military service in what is now the Republic of Vietnam between February 28, 1961 and August 4, 1964 may apply to the retirement board for a one-time military stipend by December 31, 2006. Upon a determination that the beneficiary was eligible prior to retirement for a grant of military service credit for service under this section, the beneficiary shall be entitled to a stipend of $500.00 for each year served, up to a maximum of $1,500.00. The stipend shall be pro-rated for partial years of service."

One-time election for law enforcement state employees. 2005, No. 165 (Adj. Sess.), § 4, effective January 1, 2007, as amended by 2007, No. 47 , § 11, provided: "Members of the Vermont state retirement system who are 'law enforcement officers,' as defined in subdivision 2358(c)(1) of Title 20, who participate in a group plan other than the group C plan shall have a one-time option to transfer to the group C plan. Election to join the group C plan under this subsection shall be made by June 30, 2008 and shall be irrevocable.

"The effective date of participation in a new group plan for those employees covered under this section and who elect to transfer on or before June 30, 2007 shall be July 1, 2007. The effective date of participation in a new group plan for those employees covered under this section and who elect to transfer on or after July 1, 2007 and prior to July 1, 2008 shall be July 1, 2008. All past service accrued through the date of transfer shall be calculated based upon the plan in which it was accrued, with all provisions and penalties, if applicable, applied."

ANNOTATIONS

Analysis

1. Prior law.

Nonclassified persons employed by the state under retainer, contract or agreement were not employees as defined in this section. 1964-66 Op. Atty. Gen. 59.

The word "absent," as used in subdivision (4) of this section, had been defined as being away from, at a distance from and not in company with. 1964-66 Op. Atty. Gen. 258.

The term "absent," as used in subdivision (4) of this section, had a broader meaning than the word "withdrawal" in section 379 of this title, for the act of withdrawal necessarily made one absent, but a person could be absent without performing the act of withdrawing. 1964-66 Op. Atty. Gen. 258.

Where an employee began employment October 16, 1947, and except for short leaves without pay due to illness worked almost continuously until October 26, 1955, when he was again placed upon leave without pay because of illness and from then until April 30, 1962, worked only a few occasions because of illness, after which date he returned to work on a permanent full-time basis, the facts did not show the employee ceased to be a member of the retirement system, because the five-year absence provision mentioned in subdivision (4) of this section did not apply to the employee's absence after October 26, 1955, as it occurred more than five years after he became a member. 1964-66 Op. Atty. Gen. 258.

Classified employee who was appointed to nonclassified position was an employee as defined by this section and retained his accumulated retirement benefits while in his nonclassified position. 1962-64 Op. Atty. Gen. 157.

The word "employee" as used in this chapter included all elected officials except those specifically exempted in the definition contained in this section. 1958-60 Op. Atty. Gen. 217.

Appointment to any regular office even for less than 40 weeks was employment within meaning of this section, the test being as to the office to be filled rather than to the person appointed or the duration of the appointment. 1956-58 Op. Atty. Gen. 110.

While retired state employee could not be reemployed as a regular employee, employment of such individuals was not in violation of personnel law, if such employment was on a contract or special agreement basis, or was of a temporary nature. 1956-58 Op. Atty. Gen. 52.

A continuing, regular office could not be filled by a retired employee unless his retirement allowance was terminated and he resumed his status as a regular employee. 1956-58 Op. Atty. Gen. 110.

Employee who had retired from state service and who was receiving retirement benefits could be employed under special agreement as an executive assistant for a limited period without affecting his retirement position. 1956-58 Op. Atty. Gen. 110.

A lieutenant governor could not show service as an employee of the type required to become a member of the retirement system. 1954-56 Op. Atty. Gen. 385.

A judge could become a member of Vermont employees' retirement system. 1954-56 Op. Atty. Gen. 390.

Legislature did not intend, by any language in this chapter, to prohibit members in service, that is, in a job requiring membership in the retirement system, who had retired on a retirement allowance, from seeking employment elsewhere. 1954-56 Op. Atty. Gen. 125.

Employees of department of education working in vocational division who were paid from federal funds were not employees under this section. 1946-48 Op. Atty. Gen. 385.

Employees of national guard who were paid directly from federal funds, even though subject to control of state adjutant general, were not employees under this section. 1946-48 Op. Atty. Gen. 385.

Person could continue to remain a member absent from service for a period not exceeding three years from date he left service of the state, and in event of his return to state service within such three year period, he could continue in retirement system as a member under such rules as were then in force. 1946-48 Op. Atty. Gen. 390.

2. Special agreement.

A special agreement, as contemplated in subdivision (a)(9) of this section, is one containing express provisions not found in the ordinary agreement relating to the employment of state employees, which provisions, if omitted, the law will not provide. Fitzpatrick v. Vermont State Treasurer, 144 Vt. 204, 475 A.2d 1074 (1984).

Where the terms of the agreement under which plaintiff was originally hired by the unemployment compensation commission were that he work three days per week as counsel for the commission and be paid on a per diem basis, his position was specified as exempt from the merit system rules and regulations applicable to other state employees, the agreement made no provision for retirement, plaintiff was paid by vendor's warrants which are used to pay persons employed under contract or special agreement, the state withheld no taxes from plaintiff's wages, provided no W2 forms to plaintiff at the end of each year, plaintiff filed his tax returns as a self-employed taxpayer, and an opinion of the attorney general which certified to the governor that it would not be unlawful to find plaintiff eligible for membership in the retirement system identified plaintiff's contract as a special agreement, plaintiff's employment was by special agreement and since subdivision (a)(9) of this section excluded any person engaged under special agreement from the definition of employee, plaintiff was ineligible for membership in the retirement system during the time of his employment under that agreement. Fitzpatrick v. Vermont State Treasurer, 144 Vt. 204, 475 A.2d 1074 (1984).

§ 456. Name and date of establishment.

The date of establishment of the Retirement System shall be July 1, 1972. The System shall be known as the "Vermont State Retirement System," and by such name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received.

Added 1971, No. 231 (Adj. Sess.), § 4.

§ 457. Members.

  1. Any person who was a member of either of the predecessor systems immediately preceding the date of establishment shall become a member of the Retirement System as of the date of establishment.
  2. Any person who became an employee within the three-year period prior to the date of establishment, but did not become a member of the Vermont Employees' Retirement System because he or she had not completed three consecutive years of service prior to the date of establishment, shall become a member as a condition of employment upon his or her completion of three consecutive years of service.
  3. Any person who becomes an employee after the date of establishment shall become a member as a condition of employment (1) upon the completion of three consecutive years of service in the case of those employees classified under subdivision 455(a)(9)(A) of this title hired prior to July 1, 1978; and (2) upon employment in the case of those employees classified under (B) of subdivision (a)(9), and upon employment in the case of those employees classified under subdivision 455(a)(9)(A) hired on or after July 1, 1978 except employees hired in a temporary capacity.  No person shall join the system as a Group E member after December 31, 1990.
  4. Should any Group A, C, D, or F member who has less than five years of creditable service in any period of five consecutive years after last becoming a member be absent from service more than three years or should he or she withdraw his or her contributions, or become a beneficiary or die, he or she shall thereupon cease to be a member. However, the membership of any employee entering such classes of military or naval service of the United States as may be approved by resolution of the Retirement Board, shall be continued during such military or naval service if he or she does not withdraw his or her contributions, but no such member shall be considered in the service of the State for the purpose of the Retirement System during such military or naval service, except as provided in subsection 458(e) of this title.
  5. For purposes of benefits available under this chapter, former county court employees hired by the counties to court positions on or before June 30, 2008 who became State employees on February 1, 2011 pursuant to 2010 Acts and Resolves No. 154 shall be deemed to have been first included in membership of the system on or before June 30, 2008.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1977, No. 153 (Adj. Sess.), § 2; 1981, No. 41 , § 4; 1989, No. 277 (Adj. Sess.), § 17g, eff. Jan. 1, 1991; 1997, No. 89 (Adj. Sess.), § 3; 2011, No. 63 , § H.7; 2017, No. 165 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Subsec. (d): Inserted "who has less than five years of creditable service" preceding "in any period" in the first sentence.

Amendments--2011. Subsection (e): Added.

Amendments--1997 (Adj. Sess.). Subsection (d): Deleted group B from the groups listed in the first sentence.

Amendments--1989 (Adj. Sess.). Subsection (c): Added the second sentence.

Subsection (d): Substituted "A, B, C, D or F" for "A, B, C or D" following "group" in the first sentence and deleted the second sentence.

Amendments--1981. Subsection (d): Inserted "group A, B, C or D" following "should any" in the first sentence and added the second sentence.

Amendments--1977 (Adj. Sess.). Subsection (c): Amended generally.

Merger of groups B and C. See note set out under 3 V.S.A. § 455.

ANNOTATIONS

Analysis

1. Elected officials.

Membership in the Vermont employees' retirement system was required of any elected official who was not within the exceptions set forth in section 371 of this title, and who had the service and otherwise met the requirements set forth in this section, and who met such other requirements as might be imposed by statute under special circumstances. 1946-48 Op. Atty. Gen. 392. (Decided under prior law.)

2. Transferred persons.

When persons were transferred from the state police personnel system to the state classified personnel system they could not continue in the state police retirement system. 1964-66 Op. Atty. Gen. 266. (Decided under prior law.)

§ 458. Creditable service; military service.

  1. With respect to service rendered prior to the date of membership, each employee who, pursuant to subsection 457(a) of this title, became a member of the retirement system shall have included as prior service hereunder all service credited to him or her as creditable service under the terms of one or both of the predecessor systems, provided his or her membership continues unbroken until his or her retirement.
  2. All service of a group A, group C, group D, or group F member since he or she last became a member on account of which contributions are made shall be credited as membership service.
  3. The Retirement Board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of service, but in no case shall it allow credit for a period of absence without pay of more than a month's duration, except as provided under subsection (e) of this section, nor shall more than one year of service be creditable for all service in one calendar year.  Service rendered for the full normal working time in any year shall be equivalent to one year's service, but in no case shall less than 40 calendar weeks be regarded as full normal working time.
  4. Creditable service of a member shall consist of his or her membership service and the prior service, if any, which is credited to him or her under subsection (a) of this section, plus, in the case of a group A member hired prior to July 1, 1978, three years and in the case of a group F member, up to three years of the period served as a State employee prior to 1978 for which the member received no credit provided that the employee served continuously since 1978 until retirement. Creditable service shall also include service as an exempt employee for any period or periods of less than three years prior to 1978, whether or not continuous.
  5. Credit shall also be granted for any period of absence from service certified by the commissioner of the member's department, or if the office of the member is not overseen by a commissioner, then the head of the member's department, due to any class of military service approved by the Retirement Board, provided the employee returns to the service of the State within 90 days after having become discharged or separated from such military service, as if such service had been service as an employee of the State. The earnable compensation of the employee at the time of entering such military service shall be deemed to be the earnable compensation for the period of such service.
  6. Should an employee whose membership is broken again become a member, he or she shall enter the System as a member not entitled to credit for service previously rendered, except as provided in this section or section 463 of this title.
  7. Any member may transfer from a position covered by one group to a position covered by a different group as defined in section 455 of this title and shall be entitled to credit for service rendered in all groups within the System.  Benefits shall be based on the accrued value of the credits in the group in which the creditable service was earned and shall be payable according to the provisions of each group, unless the member elects to withdraw his or her contributions in accordance with section 480 of this title.  Such benefits shall only be subject to such maximum amounts as are provided for each group and may be combined to exceed 50 percent of average final compensation.
  8. Credit shall also be granted for any period of absence from service in connection with a leave of absence, approved by the commissioner of the member's department, for professional study. If the office of the member is not overseen by a commissioner, then the head of the member's department shall have the authority to approve a leave of absence for professional study. In the case of an approved leave of absence for purposes other than for professional study, service credit shall be granted upon a contribution by the member which equals the member's current contribution rate multiplied by the member's earnable compensation for the year preceding the leave of absence.
  9. Credit shall also be granted for any period of absence from service in connection with an approved workers' compensation claim as a result of a work-related injury, provided the employee provides evidence of the period covered by the approved workers' compensation claim upon return to active service. The earnable compensation of the employee at the time of entering the period of the absence from service resulting from an approved workers' compensation claim or the wages plus all other wage replacement compensation received while on the approved period of absence, whichever provides for the highest total compensation, shall be deemed to be the earnable compensation for the period of service. The total compensation under this subsection shall not exceed what the earnable compensation would have been had the member not been injured.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1977, No. 153 (Adj. Sess.), § 3; 1981, No. 41 , § 5; 1981, No. 108 , § 330a; 1985, No. 39 , § 1; 1989, No. 78 , § 12; 1989, No. 277 (Adj. Sess.), § 17h, eff. Jan. 1, 1991; 1997, No. 68 (Adj. Sess.), § 9, eff. March 1, 1998; 1997, No. 89 (Adj. Sess.), § 4; 1999, No. 158 (Adj. Sess.), § 6; 2001, No. 29 , § 1; 2007, No. 13 , § 2.

History

Reference in text. Section 480 of this title, referred to in subsec. (g), was repealed by 2013, No. 22 , § 17.

Amendments--2007. Subsection (i): Added.

Amendments--2001. Subsection (e): Substituted "certified by the commissioner of the member's department, or if the office of the member is not overseen by a commissioner, then the head of the member's department" for "in connection with a national emergency", deleted "or naval" following "military" in two places in the first sentence and in one place in the second sentence, and substituted "90" for "ninety" in the first sentence.

Amendments--1999 (Adj. Sess.) Subsection (h): Added.

Amendments--1997 (Adj. Sess.). Subsection (b): Act No. 89 deleted group B from the listed groups.

Subsection (d): Act No. 68 added "and in the case of a group F member, up to three years of the period served as a state employee prior to 1978 for which the member received no credit provided that the employee served continuously since 1978 until retirement" at the end of the first sentence.

Amendments--1989 (Adj. Sess.). Subsection (b): Deleted "or" preceding "group D", inserted "or group F" thereafter and deleted "and all service as a group E member shall be credited as membership service" following "membership service".

Amendments--1989. Subsection (d): Inserted "or her" following "his" and following "him" in the first sentence and added the second sentence.

Amendments--1985. Subsection (g): Added "unless the member elects to withdraw his contributions in accordance with section 480" following "each group" at the end of the second sentence.

Amendments--1981. Subsection (b): Act No. 41 inserted "group A, group B, group C or group D" following "service of a" and added "and all service as a group E member shall be credited as membership service" at the end of the sentence.

Subsection (g): Added by Act No. 108.

Amendments--1977 (Adj. Sess.). Subsection (d): Inserted "hired prior to July 1, 1978" preceding "three years".

Retroactive effective date--1985 amendment. 1985, No. 39 , § 3, eff. May 8, 1985, provides that the amendment to subsec. (g) of this section shall affect persons who transfer membership from group B to group E on or after June 30, 1981.

Creditable service for members leaving full-time employment to serve on general assembly; contributions; computation of benefits. 1989, No. 78 , § 15(b), provided: "A member of the state employees' or teachers' retirement system who prior to 1980 had to leave full-time employment in order to serve as a member of the general assembly shall receive service credit for time spent in the general assembly, and shall not be required to make a contribution. For purposes of this section benefits shall be computed as if such leave had not occurred".

Creditable service - County employees. 1981, No. 200 (Adj. Sess.), provided:

"(a) Clerical staff of the county court, including court clerks, and clerical staff of each state's attorney's office and any other county employees who, as determined by the retirement board of the Vermont state employees' retirement system, are similarly situated, shall be entitled to creditable service in the Vermont state employees' retirement system for continuous service from the most recent date of hire to date of enrollment in the system.

"(b) Those members electing to remain in Group A shall deposit in the annuity savings fund all contributions and interest which would have accumulated if they had been enrolled at the earliest eligible membership date.

"(c) References and terms used in this section shall be as defined in accordance with chapter 16 of Title 3".

Merger of groups B and C. See note set out under 3 V.S.A. § 455.

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

ANNOTATIONS

1. Reinstatement.

When a prior service certificate became void by reason of an employee's resignation from state service and withdrawal of his contributions from the retirement system, subsequent reemployment did not reinstate prior military service, but if he was called into military service, subsequent to his reemployment, for a period of time and return to state service within 90 days of his release from service, he would be entitled to a prior service certificate for his second period of military service. 1964-66 Op. Atty. Gen. 264. (Decided under prior law.)

§ 459. Normal and early retirement.

  1. Normal retirement.
    1. Group A, group D, and group F members.  Any group A, group D, or group F member who has reached his or her normal retirement date may retire on a normal retirement allowance on the first day of any month after his or her separation from service by filing an application in the manner outlined in subdivision (3) of this subsection.
    2. Group C members.  Any group C member who is an officer or employee of the Department of Public Safety assigned to police and law enforcement duties, including the Commissioner of Public Safety appointed before July 1, 2000, and who has reached his or her normal retirement date may retire on a normal retirement allowance, on the first day of any month after he or she may have separated from service, by filing an application in the manner outlined in subdivision (3) of this subsection. Any group C member in service shall be retired on a normal retirement allowance on the first day of the calendar month next following attainment of age 55. Notwithstanding, it is provided that any such member who is an official appointed for a term of years may remain in service until the end of his or her term of office or any extension thereto, resulting from reappointment.
    3. Where application for a retirement allowance is required, the member shall apply in writing to the Retirement Board not later than 90 days, or longer for cause shown, after the date upon which the retirement allowance is to begin.
    4. [Repealed.]
  2. Normal retirement allowance.
    1. Upon normal retirement, a group A member shall receive a normal retirement allowance which shall be equal to 50 percent of his or her average final compensation; provided, however, that if the member has not completed 30 years of creditable service at retirement, or, if earlier, the date of attainment of such age as may be applicable under the provisions of subdivision (a)(4) of this section, his or her allowance shall be multiplied by the ratio that the number of his or her years of creditable service at retirement, or such earlier date, bears to 30.
    2. Upon normal retirement, a group C member shall receive a normal retirement allowance which shall be equal to 50 percent of his or her average final compensation; provided, however, that if the member has not completed 20 years of creditable service at retirement, or, if earlier, the date of attainment of such age as may be applicable under the provisions of subdivision (a)(4) of this section, the member's allowance shall be multiplied by the ratio that the number of his or her years of creditable service at retirement, or such earlier date, bears to 20.
      1. Group D members who are Justices of the Supreme Court, Superior judges, Environmental judges, and District judges; additional retirement allowance. Justices of the Supreme Court, Superior judges, Environmental judges, and District judges, upon retirement under this section, shall receive an additional retirement allowance according to years of service as a Supreme Court Justice, a Superior judge, an Environmental judge, or a District judge or any combination thereof as follows: (3) (A) Group D members who are Justices of the Supreme Court, Superior judges, Environmental judges, and District judges; additional retirement allowance. Justices of the Supreme Court, Superior judges, Environmental judges, and District judges, upon retirement under this section, shall receive an additional retirement allowance according to years of service as a Supreme Court Justice, a Superior judge, an Environmental judge, or a District judge or any combination thereof as follows:
        1. After 12 years of service an additional retirement allowance of an amount which, together with service retirement allowance, will make the total equal to two-fifths of their salary at retirement.
        2. For each year of service in excess of 12 years an amount equal to 3 1/3 percent of their salary at retirement shall be added to the retirement allowance as computed in subsection (a) of this section.  However, at no time shall the total retirement allowance exceed their salary at retirement.  Such additional retirement allowance shall be treated as the normal retirement allowance for all purposes of the retirement act.
      2. In order to qualify for the benefits provided by this title each Justice or judge shall have the maximum employee contribution in accordance with the requirements of the State Employees' Retirement System.  These provisions shall apply to surviving Justices and judges retired before its enactment, but only from the effective date of its enactment, and not retroactively.
      3. For the purposes of this section, years of service as a municipal judge are to be counted as years of service in determining the additional retirement allowance, insofar as they represent years of membership service.
    3. Group D members who are Probate judges; additional retirement allowance.  Probate judges, having retired under this section, shall be entitled to an additional retirement allowance according to their years in service as follows:
      1. Upon completion of 12 years of service an amount which with service retirement allowance will equal two-fifths of the salary at retirement.
      2. For each additional year of service, an amount equal to 3 1/3 percent of the salary at retirement shall be added to the retirement allowance as computed in subsection (a) of this section.  Such additional retirement allowance shall be treated as the normal retirement allowance for all purposes of the retirement act.
      1. Until January 1, 1995, upon normal retirement, a group F member shall receive a normal retirement allowance which shall be equal to 1 1/4 percent of his or her average final compensation times years of creditable service. On and after January 1, 1995, upon normal retirement, a group F member shall receive a normal retirement allowance equal to 1 1/4 percent of the member's average final compensation times years of membership service prior to January 1, 1991 plus a pension which when added to an annuity shall be equal to 1 2/3 percent of the member's average final compensation times years of membership service on and after January 1, 1991. The maximum retirement allowance shall be 50 percent of average final compensation. (5) (A) Until January 1, 1995, upon normal retirement, a group F member shall receive a normal retirement allowance which shall be equal to 1 1/4 percent of his or her average final compensation times years of creditable service. On and after January 1, 1995, upon normal retirement, a group F member shall receive a normal retirement allowance equal to 1 1/4 percent of the member's average final compensation times years of membership service prior to January 1, 1991 plus a pension which when added to an annuity shall be equal to 1 2/3 percent of the member's average final compensation times years of membership service on and after January 1, 1991. The maximum retirement allowance shall be 50 percent of average final compensation.
      2. A group F member first included in the membership of the system on or after July 1, 2008, upon normal retirement, shall receive a normal retirement allowance equal to 1 2/3 percent of the member's average final compensation times years of membership service. The maximum retirement allowance shall be 60 percent of average final compensation.
  3. Early retirement.
    1. Group A and group D members.  Any group A or group D member who has not reached his or her normal retirement date but who has completed 30 years of creditable service or who has attained age 55 and completed five years of such service, may retire on an early retirement allowance.
    2. Group C members.  Any group C member who has not reached his or her normal retirement date but who has attained age 50 and completed 20 years of creditable service may retire on an early retirement allowance.
    3. Group F members.  Any group F member who has not attained age 62 but who has attained age 55 and has completed five years, but less than 30 years, of creditable service may retire on an early retirement allowance.
  4. Early retirement allowance.
    1. Upon early retirement, a group A member, except facility employees in the Department of Corrections, shall receive an early retirement allowance which shall be the actuarial equivalent of the normal retirement allowance computed under subsection (b) of this section, based on the average final compensation and years of creditable service at the date of early retirement. However, if a group A member has completed 30 years of creditable service but has not reached normal retirement date, the early retirement allowance shall be equal to the normal retirement allowance computed under subsection (b) of this section. Group A members who have 20 years of service as facility employees in the Department of Corrections shall receive an early retirement allowance which shall be equal to the normal retirement allowance at age 55 without reduction.
      1. Upon early retirement, a group F member, except facility employees of the Department of Corrections, Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, and Woodside facility employees, shall receive an early retirement allowance which shall be equal to the normal retirement allowance reduced by one-half of one percent for each month the member is under age 62 at the time of early retirement. Group F members who have 20 years of service as facility employees of the Department of Corrections, as Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, or as Woodside facility employees, or as Vermont State Hospital employees, or as employees of its successor in interest, who provide direct patient care shall receive an early retirement allowance which shall be equal to the normal retirement allowance at age 55 without reduction; provided the 20 years of service occurred in one or more of the following capacities as an employee of the Department of Corrections, Woodside facility, or the Vermont State Hospital, or its successor in interest: facility employee, community service center employee, or court and reparative service unit employee. (2) (A) Upon early retirement, a group F member, except facility employees of the Department of Corrections, Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, and Woodside facility employees, shall receive an early retirement allowance which shall be equal to the normal retirement allowance reduced by one-half of one percent for each month the member is under age 62 at the time of early retirement. Group F members who have 20 years of service as facility employees of the Department of Corrections, as Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, or as Woodside facility employees, or as Vermont State Hospital employees, or as employees of its successor in interest, who provide direct patient care shall receive an early retirement allowance which shall be equal to the normal retirement allowance at age 55 without reduction; provided the 20 years of service occurred in one or more of the following capacities as an employee of the Department of Corrections, Woodside facility, or the Vermont State Hospital, or its successor in interest: facility employee, community service center employee, or court and reparative service unit employee.
      2. Upon early retirement, a group F member first included in the membership of the system on or after July 1, 2008, except facility employees of the Department of Corrections and Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, and Woodside facility employees, shall receive an early retirement allowance which shall be equal to the normal retirement allowance reduced by:
        1. one-eighth of one percent for each month the member is under age 65, provided the member has accrued 35 years of service at the time of early retirement;
        2. one-quarter of one percent for each month the member is under age 65, provided the member has accrued 30 years of service but less than 35 years of service at the time of early retirement;
        3. one-third of one percent for each month the member is under age 65, provided the member has accrued 25 years of service but less than 30 years of service at the time of early retirement;
        4. five-twelfths of one percent for each month the member is under age 65, provided the member has accrued 20 years of service but less than 25 years of service at the time of early retirement;
        5. five-ninths of one percent for each month the member is under age 65, provided the member has accrued less than 20 years of service at the time of early retirement.
    2. Upon early retirement, a group D member shall receive an early retirement allowance which shall be equal to the normal retirement allowance reduced by one-quarter of one percent for each month the member is under age 62 at the time of early retirement.
    3. Notwithstanding subdivisions (1) and (2) of this subsection, an employee of the Department of Fish and Wildlife assigned to law enforcement duties, an employee of the Military Department assigned to airport firefighting duties, or a group C member shall, upon early retirement, receive an early retirement allowance which shall be equal to his or her normal retirement allowance computed under subsection (b) of this section.
    4. Notwithstanding subdivisions (1) and (2) of this subsection, a State's Attorney, the Defender General, or sheriff who has completed 20 years of creditable service, of which 15 years has been as a State's Attorney, the Defender General, or sheriff, shall receive an early retirement allowance equal to the normal retirement allowance, at age 55, without reductions.
  5. Any member who retires before age 62 may, at any time prior to the date the first payment on account of his or her retirement allowance becomes normally due, elect to convert the retirement allowance otherwise payable after retirement into an increased retirement allowance that is its actuarial equivalent and is of such amount that, with his or her Social Security payment at age 62, the member will receive, so far as possible, the same amount each year before and after such Social Security payment commences.
  6. Beginning July 1, 1989, the normal retirement allowance for group A members shall be not less than the larger of $3,000.00 a year or 50 percent of his or her average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed less than 30 years of creditable service. Beginning March 1, 1998, the service retirement allowance shall be not less than the larger of $4,200.00 a year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service. Beginning September 1, 2006, the service retirement allowance shall be not less than the larger of $6,600.00 per year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service. Beginning September 1, 2011, and on September 1 of every fifth year thereafter, the minimum service retirement allowance shall be increased by $1,000.00.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1975, No. 196 (Adj. Sess.), § 16, eff. July 1, 1976, § 18, eff. March 27, 1976; 1977, No. 80 , § 1; 1977, No. 153 (Adj. Sess.), §§ 4, 5, eff. March 28, 1978; 1981, No. 41 , §§ 6-9; 1985, No. 156 (Adj. Sess.); 1987, No. 183 (Adj. Sess.), § 26a, eff. Jan. 1, 1989; 1989, No. 78 , §§ 4, 6, 11; 1989, No. 169 (Adj. Sess.), §§ 13, 14; 1989, No. 277 (Adj. Sess.), §§ 17i-17 l , eff. Jan. 1, 1991; 1991, No. 64 , § 1, eff. June 18, 1991; 1991, No. 189 (Adj. Sess.), § 13, eff. May 19, 1992; 1997, No. 68 (Adj. Sess.), § 2, eff. March 1, 1998; 1997, No. 89 (Adj. Sess.), § 5; 1997, No. 152 (Adj. Sess.), § 8; 1999, No. 53 , §§ 1, 2; 1999, No. 158 (Adj. Sess.), § 21; 2001, No. 57 , § 2; 2001, No. 116 (Adj. Sess.), § 5a, eff. May 28, 2002; 2003, No. 115 (Adj. Sess.), § 2; 2005, No. 163 (Adj. Sess.), § 1; 2007, No. 47 , § 14; 2007, No. 116 (Adj. Sess.), § 2; 2007, No. 146 (Adj. Sess.), § 1; 2011, No. 79 (Adj. Sess.), § 12, eff. April 4, 2012; 2013, No. 22 , § 2; 2013, No. 49 , § 1; 2015, No. 58 , § E.203.3.

History

Reference in text. Subdivision (a)(4) of this section, referred to in subsec. (b), has been repealed. It provided that a group A member who deferred retirement could not remain in service beyond age seventy, that a group B member who deferred retirement could not remain in service beyond age sixty, and that the benefit of an elected official of the state or an official appointed for a term of years was to be based on credited service and compensation to his effective date of retirement.

Title II of the Social Security Act, referred to in subsec. (e), is codified as 42 U.S.C. § 401 et seq.

Amendments--2015. Subdivision (d)(5): Inserted "the Defender General" preceding "or sheriff" in two places.

Amendments--2013. Subdivision (d)(4): Act 49 deleted "elected county sheriff, an" preceding "employee".

Subdivision (d)(5): Act 49 inserted "or sheriff" following "a state's attorney" in the two places it appears.

Subsection (e): Act 22 substituted "retires before age 62" for "accepts early retirement as provided in subsection (c) of this section".

Amendments--2011 (Adj. Sess.) Subdivision (d)(2)(A): Inserted "or as employees of its successor in interest" preceding "who provide direct patient care", and substituted "Woodside facility, or the Vermont State Hospital, or its successor in interest" for "Woodside facility [or Vermont state hospital]" near the end.

Amendments--2007 (Adj. Sess.) Subdivision (b)(5): Act No. 116 designated the existing provisions of the subdivision as subdiv. (A) and added subdiv. (B).

Subdivision (d)(2): Act No. 116 designated the existing provisions of the subdivision as subdiv. (A) and made a minor grammatical change in that subdivision, and added subdiv. (B).

Subdivision (d)(4): Act No. 146 inserted "an elected county sheriff," following "this subsection,".

Amendments--2007. Subsection (d): Added subdiv. (5).

Amendments--2005 (Adj. Sess.). Subsection (f): Added the last two sentences.

Amendments--2003 (Adj. Sess.). Subdivision (b)(3): Inserted "environmental judges" following "superior judges" and " an environmental judge" following "a superior judge".

Amendments--2001 (Adj. Sess.). Subdivision (d)(2): Inserted "or as Vermont state hospital employees who provide direct patient care" following "Woodside facility employees" and also inserted "or Vermont state hospital" preceding "facility employee" in the second sentence.

Amendments--2001. Subdivision (a)(2): Inserted "appointed before July 1, 2000" following "safety", "or her" following "his", and "or she" following "he" in the first sentence; deleted "his" preceding "attainment" and substituted "55" for "fifty-five" in the second sentence; and inserted "or her" following "his" in the third sentence.

Amendments--1999 (Adj. Sess.) Subdivision (d)(2): Inserted "and Woodside facility employees" and "or as Woodside facility employees" following "community", inserted "or Woodside facility" preceding "facility employee" and made minor stylistic changes throughout the subdivision.

Amendments--1999. Subsection (c): Deleted "in service" following "member" in subdivs. (1)-(3) and inserted "or her" following "his" in subdivs. (1) and (2).

Subdivision (d)(1): Deleted "reduced by two twelfths of one percent for each complete month by which his early retirement date precedes his normal retirement date" following "subsection (b) of this section" in the second sentence and made gender neutral changes throughout the subsection.

Amendments--1997 (Adj. Sess.). Act No. 68 added the second sentence of subsec. (f).

Act No. 89 deleted references to group B preceding each reference to group C throughout the section.

Act No. 152, in subdiv. (d)(2), substituted "of the department" for "in the department" in two places and added "and department of corrections employees who provide direct security and treatment services to offenders under supervision in the community" in the first sentence and "or as department of corrections employees who provide direct security and treatment services to offenders under supervision in the community" and the language beginning "provided the 20 years" at the end of the second sentence.

Amendments--1991 (Adj. Sess.). Subsection (e): Substituted "accepts early retirement as provided in subsection (c) of this section" for "retires prior to age sixty-five" following "member who", "an increased" for "a reduced" following "retirement into", "or her Social Security payment at age 62" for "primary insurance amount under Title II of the Social Security Act" preceding "the member will" and "Social Security payment" for "primary insurance amount" preceding "commences", and made other minor changes in phraseology.

Amendments--1991. Subdivision (a)(1): Inserted "or her" following "his" in two places in the first sentence and deleted the second sentence.

Amendments--1989 (Adj. Sess.). Subdivision (a)(1): Act No. 277 substituted "F" for "E" preceding "members" in the subdivision catchline and preceding "member" in the first sentence.

Subdivision (b)(5): Amended generally by Act No. 277.

Subdivision (c)(1): Act No. 277 substituted "five" for "ten" following "completed".

Subdivision (c)(3): Amended generally by Act No. 277.

Subdivision (d)(1): Act No. 169 inserted "except facility employees in the department of corrections" preceding "shall receive" in the first sentence and added the third sentence.

Subdivision (d)(2): Act No. 169 substituted "have" for "are, and have for the preceding" preceding "20 years" and "of service as" for "been" thereafter in the second sentence.

Act No. 277 substituted "F" for "E" following "group" in the first and second sentences.

Amendments--1989. Subsection (d): Act No. 78, § 4, deleted "or D" following "group A" in the first sentence and "or group D" following "group A" in the second sentence of subdiv. (1) and substituted "the member" for "he" preceding "is under" in subdiv. (2), added a new subdiv. (3) and redesignated former subdiv. (3) as subdiv. (4).

Act No. 78, § 11, inserted "except facility employees in the department of corrections" preceding "shall receive" and "or she" preceding "is under" in the first sentence and added the second sentence of subdiv. (2).

Subsection (f): Added by Act No. 78, § 6.

Amendments--1987 (Adj. Sess.). Subdivision (d)(1): Deleted "B, C" following "group A" in the first sentence and "group B, group C" preceding "or group D member" in the second sentence.

Subdivision (d)(3): Deleted "or" preceding "an employee" and inserted "a group B member or a group C member" following "firefighting duties" and "or her" preceding "normal".

Amendments--1985 (Adj. Sess.). Subdivision (d)(3): Added.

Amendments--1981. Subdivision (a)(1): Substituted "Group D and Group E" for "and Group D" preceding "members" in the catchline and "group D or group E" for "or group D" preceding "member" in the first sentence.

Subdivision (b)(5): Added.

Subdivision (c)(3): Added.

Subsection (d): Amended generally.

Amendments--1977 (Adj. Sess.). Subdivision (a)(1): Substituted "member" for "members" following "group D" in the first sentence and rewrote the second sentence.

Subdivision (a)(4): Repealed.

Amendments--1977. Subdivision (a)(2): Rewrote the second sentence.

Subdivision (a)(4): Rewrote the first sentence and added the second sentence.

Amendments--1975 (Adj. Sess.). Subdivision (c)(1): Substituted "ten" for "thirteen" following "and completed".

Subsection (d): Amended generally.

Credit for deferred retirement; restoration of sick leave benefits. 1977, No. 153 (Adj. Sess.), § 6, eff. March 28, 1978, provided: "Notwithstanding the provisions of No. 80 of the Acts of 1977 [which amended subdiv. (a)(2) and repealed subdiv. (a)(4) of this section], any person who deferred retirement under the provisions of that act shall receive full credit for retirement purposes for such service performed from the date of their extension past mandatory retirement date to the effective date of their retirement allowance, and shall have all accrued sick leave restored".

- Exemptions. 1995, No. 76 (Adj. Sess.), § 4, eff. March 1, 1996, provided: "The provisions of this act shall not apply to the following members of the state employees' system:

"(1) Group B and C members who are officers and employees of the department of public safety assigned to police and law enforcement duties and are currently employed by the department of public safety, including the commissioner of public safety;

"(2) Group D members, which includes justices of the supreme court, superior judges, district judges and probate judges elected prior to July 1, 1987;

"(3) Group F members who are probate judges elected after July 1, 1987; and

"(4) Group A and F members who are employed by the judicial branch".

- Special program for state police. 1995, No. 76 (Adj. Sess.), § 5, eff. March 1, 1996, provided: "Notwithstanding subdivision (1) of Sec. 4 of this act [set out as a note above], the secretary of administration is authorized to permit law enforcement officers and employees of the department of public safety assigned to police and law enforcement duties to participate in a separate special offering if the secretary deems it to be justified by a department commitment to a reorganization or other actions which will achieve significant efficiencies and budgetary savings. A detailed plan, proposing actions to be taken and the savings to be secured, shall be submitted by the department to the secretary of administration by March 31, 1996. The secretary shall have the authority to deviate from the details of the special offering to other state employees to ensure that any program for the state police secures significant savings to the state".

Merger of groups B and C. See note set out under 3 V.S.A. § 455.

Group C member transfer to Group F. 2001, No. 116 (Adj. Sess.), § 4, provided: "All group C members whose membership was established after July 1, 2000 without law enforcement certification, or who cannot be subject to mandatory retirement under the ADEA or the Vermont Constitution, shall be transferred back to the group F plan effective July 1, 2002. The service accrued while a group C member shall remain at the group C rate and shall be calculated as group C service toward retirement".

Early retirement extension. - 2001, No. 116 (Adj. Sess.), § 6, provided: "If the secretary of administration determines that an extension previously granted under the provisions of Sec. 2 of No. 76 of the Acts of 1996 (Early Retirement Offering), and extended under the provisions of Sec. 57 of No. 66 of the Acts of 1998 and Sec. 5 of No. 145 and Sec. 26 of No. 158 of the Acts of 2000, should be further extended in the interests of the state, an additional extension may be offered, provided the recipient of the extension terminates service on or before July 1, 2003. Upon retirement, an employee subject to such extension shall be entitled to the benefits under this act".

Group C participation; capitol police; transfer; effective date. 2007, No. 146 (Adj. Sess.), § 4 provides: "Members of the capitol police force who participate in a state retirement plan other than the group C plan shall have the option to transfer to the group C plan. Election to join the group C plan shall be made by June 30, 2009 to be effective on July 1, 2009 and shall be irrevocable. All past service accrued through the date of transfer shall be calculated based upon the plan in which the service accrued with all appropriate provisions and penalties applied."

ANNOTATIONS

Analysis

1. Prior law.

District court judges were not entitled to add time served as a municipal judge for purposes of computing an additional retirement allowance under subsection (f) of this section. 1968-70 Op. Atty. Gen. 194.

Under subsection (c) of this section a female employee who retired before reaching the age of fifty-five years would not be eligible for special service retirement unless she had completed thirty-two years of service. 1962-64 Op. Atty. Gen. 437.

It was clear from this section it was the intent of the legislature to bar from re-election an elected official who was over the age of 70; however, this section was ineffective for this purpose, because the state constitution sets no maximum age limit on the right to be elected. 1958-60 Op. Atty. Gen. 217.

A person over 70 years of age, otherwise qualified, may hold any office under the Vermont Constitution. 1958-60 Op. Atty. Gen. 217.

Subdivision (b)(4) of this section required that retiring member's pension, if he was 65 or older, be offset by one-half member's social security benefit, providing the resulting pension was not less than member's funded pension, regardless of whether benefits were established by state or others. 1956-58 Op. Atty. Gen. 243.

A period of leave of absence did not count as creditable membership service. 1946-48 Op. Atty. Gen. 375.

2. Constitutionality.

Mandatory retirement line currently drawn by the legislature for public safety officers bears a reasonable and just relation to a legitimate state interest, and for that reason, there is no violation of the Common Benefits Clause. Badgley v. Walton, 188 Vt. 367, 10 A.3d 469 (2010).

Mandatory retirement provision for Group C members does not violate the Common Benefits Clause at this time. Under the Clover Leaf Creamery approach, it would be inappropriate for the court to intrude under the clause into an ongoing political process that had not reached its end point. Badgley v. Walton, 188 Vt. 367, 10 A.3d 469 (2010).

The provisions of subdivision (a)(2) of this section requiring mandatory retirement for state police officers at age fifty-five is rationally related to a legitimate governmental purpose of protecting the public by assuring physical preparedness of its uniformed police and, therefore, does not violate the equal protection clause of the federal constitution. Galvin v. Vermont, 598 F. Supp. 144 (D. Vt. 1984).

§ 459a. Restoration of service.

  1. When a beneficiary resumes service, as defined in subdivision 455(a)(21) of this title, he or she shall again become a member of the System, shall contribute at the rate established for members of his or her group, and shall not be entitled to receive a retirement allowance.
  2. Upon the subsequent retirement of an employee who once again became a member under subsection (a) of this section, the employee shall once again become a beneficiary whose former retirement allowance shall be restored under the same plan provisions applicable at the time of the initial retirement, but the beneficiary shall not be entitled to cost of living adjustments for the period during which he or she was restored to service. In addition to the former retirement allowance, a beneficiary shall be entitled to a retirement allowance separately computed for the period beginning with his or her last restoration to service for which the member has made a contribution. If the beneficiary is not vested in the system since he or she was last restored to service, the member's contributions plus accumulated interest shall be returned to him or her.

    Added 2009, No. 24 , § 1.

§ 460. Ordinary disability retirement.

  1. Upon the application of a member or of his or her department head not later than 90 days, or longer for cause shown, after the date the member may have separated from service, any group A, group C, group D, or group F member who has had five or more years of creditable service may be retired by the retirement board on an ordinary disability retirement allowance, not less than 30 nor more than 90 days after filing such application; provided he or she is not eligible for accidental disability retirement; provided he or she has requested application prior to death; and provided that the Medical Board, after a medical examination of such member, shall certify that the member is mentally or physically incapacitated for the further performance of duty, that such incapacity has existed since the time of the member's separation from service and is likely to be permanent, and that he or she should be retired. The Retirement Board may consider, or may ask the Medical Board or a certified vocational rehabilitation counselor to consider whether the individual is disabled from performing other types of suitable work. However, if disability is denied because the individual is found to be suitable for other work, the member shall be advised at the time of denial of the following provisions which shall apply:
    1. the individual will retain his or her existing retirement accrual status;
    2. the State shall provide any necessary retraining;
    3. there shall be no loss in pay;
    4. involuntary geographical moves beyond normal commuting distance are not permitted; and
    5. before any individual who is reassigned to another position rather than retired on disability may be terminated for performance reasons, the individual must first be reconsidered for disability retirement by the Retirement Board.
    1. Upon ordinary disability retirement, a group A, group D, or group F member shall receive a normal retirement allowance equal to the normal retirement benefit accrued to the effective date of the disability retirement; provided, however, that such allowance shall not be less than 25 percent of his or her average final compensation at the time of his or her disability retirement. (b) (1)  Upon ordinary disability retirement, a group A, group D, or group F member shall receive a normal retirement allowance equal to the normal retirement benefit accrued to the effective date of the disability retirement; provided, however, that such allowance shall not be less than 25 percent of his or her average final compensation at the time of his or her disability retirement.
    2. Employees who are not eligible for representation by the Vermont State Employees' Association, including managerial, confidential, elected, and appointed officials, judicial, legislative, and exempt employees, who are employed on February 1, 1997, and whose application for the State's long-term disability plan is denied solely because of a preexisting condition, shall, if they are otherwise eligible for ordinary disability retirement, be entitled to a retirement allowance which, when added to Social Security and/or other disability payments, equals 662/3 percent of his or her final average compensation at the time of the disability retirement.
  2. Notwithstanding subsection (b) of this section, a group C member, upon ordinary disability retirement, shall receive an additional allowance which will, when added to his or her Social Security benefit, be equal to 10 percent of his or her average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23.
  3. Notwithstanding subsection (b) or (c) of this section, a member may not receive more than 50 percent of his or her average final compensation at the time of his or her disability retirement.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41 , § 10; 1989, No. 67 , § 18; 1989, No. 277 (Adj. Sess.), § 17m, eff. Jan. 1, 1991; 1991, No. 64 , § 2, eff. June 18, 1991; 1993, No. 33 , § 4; 1997, No. 2 , § 75, eff. Feb. 12, 1997; 1997, No. 89 (Adj. Sess.), § 6; 2003, No. 38 , § 1; 2007, No. 13 , § 3.

History

Amendments--2007. Subsection (c): Rewrote the subsection.

Subsection (d): Added.

Amendments--2003. Subsection (a): Substituted "90" for "ninety" preceding "days" in two places, "30" for "thirty" preceding "nor"; inserted "or a certified vocational rehabilitation counselor" following "medical board"; substituted "from performing" for "for the purposes of"; and in the last sentence inserted "the member shall be advised at the time of denial of" preceding "the following" and "which" following "provisions".

Subdivision (c)(1): Substituted "the member's" for "his" and "Social Security" for "social security".

Subdivision (c)(2): Substituted "the member's" for "his", "or her Social Security" for "social security"; inserted "or her" preceding "average" and substituted "18" for "eighteen" and "23" for "twenty-three".

Amendments--1997 (Adj. Sess.). Deleted group B from the listed groups in the first sentence of the introductory paragraph of subsec. (a) and in subsec. (b).

Amendments--1997. Subsection (b): Added the second paragraph.

Amendments--1993. Subsection (b): Deleted "if he shall have reached his normal retirement date; otherwise a member shall receive a retirement allowance which shall be" preceding "equal" and inserted "or her" following "his" in two places.

Amendments--1991. Subsection (a): Inserted "provided he or she has requested application prior to death" following "retirement" in the first sentence.

Amendments--1989 (Adj. Sess.). Subsection (a): Inserted "group C" preceding "group D" and substituted "or group F" for "or group E" thereafter, "five" for "ten" preceding "or more years" and deleted "and any group C member who has had five or more years of creditable service" preceding "may be retired" in the first sentence.

Subsection (b): Substituted "group F" for "group E" following "group D or".

Amendments--1989. Subsection (a): Made minor stylistic changes in the first sentence and added the second sentence.

Amendments--1981. Subsection (a): Substituted "group B, group D or group E" for "or group B" following "group A" in the first sentence.

Subsection (b): Amended generally.

Merger of groups B and C. See note set out under 3 V.S.A. § 455.

ANNOTATIONS

1. Prior law.

A retired member was entitled to the retirement allowance of subsection (b) of this section until the medical board examined him and certified that he was engaged in or was able to engage in a gainful occupation paying more than the difference between his retirement allowance and his average final compensation at retirement, and the retirement board concurred in that report. 1964-66 Op. Atty. Gen. 262.

A member could be retired with a medical retirement allowance for "partial total" as well as total disability. 1964-66 Op. Atty. Gen. 262.

The phrase "but in the medical board's opinion is employable in some other capacity" indicated that in the opinion of the board, the member had total partial disability but was employable in some capacity. 1964-66 Op. Atty. Gen. 262.

In determining whether a member's medical allowance, once granted, should be reduced or discontinued, the retirement board was to consider factors other than medical reports and possible employment opportunities. 1964-66 Op. Atty. Gen. 262.

§ 461. Accidental and occupationally related disability retirement.

  1. Upon the application of a member or of his or her department head not later than 90 days, or longer for cause shown, after the date the member may have separated from service, any member may be retired by the Retirement Board on an accidental disability retirement allowance, not less than 30 nor more than 90 days after filing such application; provided that the Retirement Board shall find on the basis of such evidence as may come before it, including a report by the Medical Board after a medical examination of such member, that the member is mentally or physically incapacitated for the further performance of duty as the natural and proximate result of an accident occurring at a definite time and place during the course of his or her performance of duty as an employee, that such accident was not the result of his or her gross negligence or willful misconduct, and provided that the Medical Board shall certify that such incapacity is likely to be permanent, and that the member should be retired. The Retirement Board may consult with a certified vocational rehabilitation counselor in determining whether the individual is incapacitated for the further performance of duty.
  2. Upon accidental disability retirement a member shall receive a normal retirement allowance if he or she shall have reached his or her normal retirement date; otherwise such a member shall receive a retirement allowance which shall be equal to:
    1. A normal retirement allowance payable at normal retirement date, based on the member's average final compensation at disability retirement and the number of years of creditable service the member would have completed had the member remained in service to his or her normal retirement date, multiplied by
    2. The ratio that the number of the member's years of creditable service at disability bears to the number of years of such service the member would have completed had the member remained in service to his or her normal retirement date; provided, however, that such allowance shall not be less than 25 percent of the member's average final compensation at the time of the member's disability retirement.
  3. Notwithstanding subsection (b) of this section, a group C member, upon accidental disability retirement, shall receive as a minimum an allowance which will, when added to the member's Social Security benefit, be equal to 50 percent of the member's average final compensation plus 10 percent of the member's average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23.
  4. Notwithstanding subsection (b) or (c) of this section, a member may not receive more than 50 percent of his or her average final compensation at the time of his or her disability retirement.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 2003, No. 38 , § 2; 2007, No. 13 , § 4.

History

Amendments--2007. Subsection (c): Rewrote the subsection.

Subsection (d): Added.

Amendments--2003. Substituted "occupationally-related" for "occupationally related" in the catchline and amended section generally.

ANNOTATIONS

1. Stepchildren.

3 V.S.A. § 461(c)(2) is not limited to natural or adopted children; since stepparents have a statutory obligation to support stepchildren, retired state employee was entitled to an extra ten percent of his average final compensation on account of his dependent stepson. Duhaime v. Treasurer, 161 Vt. 157, 636 A.2d 754 (1993).

§ 461a. Benefit denial; evidentiary hearing.

  1. An applicant for disability retirement benefits under section 460 or 461 of this title may file a request for an evidentiary hearing with the Retirement Board if the application for benefits is denied.
  2. The hearing shall be conducted by a hearing officer designated by the Board and in conformance with rules adopted by the Board. Rules adopted by the Board shall be consistent with section 809 of this title.
  3. The decision of the hearing officer shall constitute final administrative action.

    Added 2003, No. 38 , § 5.

ANNOTATIONS

Analysis

1. Construction.

Municipal Employees Retirement System, the State Employees Retirement System, and the Teachers Retirement System each provides for an award of disability-retirement benefits, and each, in turn, uniformly provides that an employee denied such a benefit is entitled to a contested hearing conducted by a hearing officer, whose decision "shall constitute final administrative action." This language is significant, revealing as it does a clear intent that the agency decision shall be considered "final" solely for purposes of administrative exhaustion and ripeness for subsequent judicial review, not as a bar to such review. Preston v. Burlington City Ret. Sys., 194 Vt. 147, 76 A.3d 615 (2013).

2. Appeals.

Under the statute governing denial of state disability retirement benefits and the Vermont Administrative Procedure Act, the proper avenue for an appeal from a state retirement board decision is an appeal directly to the Vermont Supreme Court. Accordingly, the superior court properly dismissed for lack of jurisdiction a claimant's action under the rule allowing review of governmental action. Moran v. Vt. State Ret. Bd., 200 Vt. 354, 131 A.3d 212 (2015).

§ 462. Reexamination of disability beneficiary.

  1. Once each year during the first five years following the retirement of a member on a disability retirement allowance, and once in every three year period thereafter, the Retirement Board may, and upon the member's application shall, require any disability beneficiary who has not reached his or her normal retirement date to undergo a medical examination, by the Medical Board or by a physician or physicians designated by the Medical Board, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon. Should any disability beneficiary who has not reached his or her normal retirement date refuse to submit to such medical examination, the beneficiary's allowance may be discontinued until his or her withdrawal of such refusal, and should the beneficiary's refusal continue for one year, all the beneficiary's rights in and to his or her pension may be revoked by the Retirement Board.
  2. Should the Medical Board report and certify to the Retirement Board that any disability beneficiary has a residual functional capacity that might enable the beneficiary to return to work, and should the Retirement Board reasonably conclude that the beneficiary is engaged in or is, as a result of specific findings made by a certified vocational counselor, able to engage in a gainful occupation paying more than the difference between the beneficiary's retirement allowance and his or her average final compensation at retirement, the beneficiary's pension shall be reduced to an amount that, together with his or her annuity and the amount earnable by him or her, shall equal the beneficiary's average final compensation at retirement, adjusted for inflation each year following retirement on the same basis as for beneficiaries as provided in section 470 of this title provided that:
    1. The Retirement Board shall provide written notice and an opportunity to be heard to the beneficiary prior to any reduction of the beneficiary's pension under this subsection (b).
    2. If the beneficiary has engaged in a gainful occupation subsequent to receiving disability retirement, the Retirement Board in its discretion may reject in whole or in part a vocational assessment of the beneficiary's ability to engage in a more gainful occupation and may rely in whole or in part on evidence of the beneficiary's actual earnings in determining the amount earnable by the beneficiary. In addition, if the Retirement Board's determination is based in whole or in part on a vocational assessment of ability to engage in a gainful occupation, the beneficiary shall be notified of his or her entitlement to the same reemployment rights as are available to State employees under the existing collective bargaining agreement entered into between the State and the applicable bargaining representative, or extension of such contractual benefits. Such rights shall commence as of the date of the determination and shall be based upon the reemployment rights the beneficiary would have had at the time he or she retired from State service. The reduction of pension amount will be held in abeyance until the reemployment rights have expired. In the event that the beneficiary is subsequently reemployed by the State, the beneficiary's retirement allowance shall cease, effective on the date when reemployment commences. In the event that the beneficiary is not subsequently reemployed by the State, the reduction of the beneficiary's pension shall commence the month following the month in which the beneficiary's reemployment rights expired.
    3. In the event that a beneficiary's pension has been reduced and should the beneficiary's earning capability later change, his or her pension may be further modified; provided that no reemployment rights shall be afforded to the beneficiary in connection with any later change and provided further that the new pension amount, together with the amount earnable by him or her, shall not exceed the beneficiary's average final compensation at retirement, adjusted for inflation.
    4. As used in this subsection, "retirement allowance" shall mean the allowance payable without modification as provided in section 468 of this title.
  3. Every recipient of disability benefits who has not reached his or her normal retirement date shall, annually on a date determined by the Retirement Board, file with the State Treasurer a statement certifying, under penalty of perjury and in such form as the Retirement Board shall prescribe, the full amount of his or her earnings from earned income during the preceding calendar year. The State Treasurer may request, and the beneficiary shall provide within 60 days after such request, additional financial information and records pertinent to the beneficiary's earned income. The beneficiary's statement and accompanying forms and schedules and any other financial information and records provided by the beneficiary to the State Treasurer shall be confidential. In the event that a beneficiary fails to submit the certification or any required or requested financial information or records pertinent to the beneficiary's earned income, the beneficiary's retirement allowance shall be suspended until all such information and records have been submitted, and in the event that the failure continues for one year, all the beneficiary's rights in and to his or her pension and any pending reemployment rights under this section may be revoked by the Board. Notwithstanding any provision of this section to the contrary, if the beneficiary's earned income for the preceding year exceeded the difference between the beneficiary's retirement allowance and his or her average final compensation at retirement as adjusted for inflation each year following retirement, the beneficiary shall refund the portion of the preceding year's retirement allowance that is equal to the amount of the reduction specified in subsection (b) of this section, and the refund amount may be offset against the beneficiary's monthly pension benefits. Prior to suspension or revocation of the beneficiary's retirement allowance, reemployment rights, or inception of any offset under this subsection, the Retirement Board shall provide the beneficiary with written notice and an opportunity to be heard.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 2003, No. 38 , § 3; 2015, No. 18 , § 11; 2015, No. 114 (Adj. Sess.), § 1; 2017, No. 165 (Adj. Sess.), § 3.

History

Amendments--2017 (Adj. Sess.). Subsec. (c): Substituted "after" for "of" following "60 days" in the second sentence, and inserted "as adjusted for inflation each year following retirement" following "at retirement" in the fifth sentence.

Amendments--2015 (Adj. Sess.). Subsec. (c): Inserted "who has not reached his or her normal retirement date" following "disability benefits" in the first sentence; and inserted "of this section" following "subsection (b)" in the fifth sentence.

Amendments--2015. Amended subsec. (b) generally and added subsec. (c).

Amendments--2003. Substituted "Reexamination" for "Re-examination" in the catchline and amended section generally.

§ 463. Reinstatement.

  1. Should a disability beneficiary be restored to service or should any other beneficiary be restored to service, his or her retirement allowance shall cease, and the beneficiary shall again become a member of the Retirement System. Anything in this subchapter to the contrary notwithstanding, upon his or her subsequent retirement, he or she shall be credited with all the service creditable to him or her at the time of his or her former retirement. However, if such beneficiary is restored to membership after the attainment of 55 years of age, his or her pension upon subsequent retirement shall not exceed the sum of the pension which he or she was receiving immediately prior to his or her last restoration to membership and the pension that may have accrued on account of membership service since his or her last restoration to membership, provided that the rate percent of his or her total pension on his or her subsequent retirement shall not exceed the rate he or she would have received had he or she remained in service during the period of prior retirement.
  2. A member who has been reemployed is entitled to prior service credit upon depositing in the fund the contributions which would have been deducted from the member's compensation had he or she remained a member with interest as set forth in subdivision 473(c)(1) of this title. The member in order to qualify for the prior service credit must also deposit in the fund a sum equal to the contributions which would have been contributed by the State had he or she remained a member with interest as set forth in subdivision 473(c)(1) of this title.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41 , § 11; 1989, No. 277 (Adj. Sess.), § 17n, eff. Jan. 1, 1991; 2007, No. 13 , § 5; 2015, No. 18 , § 12.

History

Amendments--2015. Subsection (a): Rewrote the first sentence, and substituted "55 years of age" for "the age of 55 years" in the third sentence.

Amendments--2007. Subsection (b): Deleted "annuity savings" preceding "fund"; substituted "the member's" for "his" preceding "compensation"; inserted "or she" following "he" in two places; substituted "subdivision" for "section" preceding "473(c)(1)" in two places; and deleted "pension accumulation" preceding "fund".

Amendments--1989 (Adj. Sess.). Subsection (a): Deleted the fourth sentence.

Amendments--1981. Subsection (a): Added last sentence.

§ 464. Accidental and occupationally related death benefit.

  1. If the Retirement Board shall find on the basis of such evidence as may come before it that a group A, group D, or group F member in service died prior to his or her retirement under the system as the natural and proximate result of an accident occurring at a definite time and place during the course of his or her performance of duty as an employee and that such accident was not the result of the member's own gross negligence or willful misconduct, a retirement allowance shall be paid to his or her designated dependent beneficiary during his or her life.
  2. If the Retirement Board shall find on the basis of such evidence as may come before it that a group C member in service died prior to his or her retirement under the system as the natural and proximate result of an accident occurring at a definite time and place during the course of his or her performance of duty as an employee and that such accident was not the result of his or her own gross negligence or willful misconduct, a retirement allowance shall be paid to his or her dependent spouse during her or his life, or if there be no dependent spouse, or if the dependent spouse dies before the youngest child of the deceased member has attained age 18, age 23 in the case of a dependent student, then to his or her child or children under said age until the youngest of such children attains such age, divided in such manner as the Retirement Board in its discretion shall determine provided that the total annual payments to all such children shall not exceed the retirement allowance which would have been payable to the dependent spouse.  If a member leaves no dependent spouse or child under said age upon his or her death, then a retirement allowance may be payable at the discretion of the Retirement Board to his or her dependent parent or parents provided that the total allowance payable shall not exceed the retirement allowance which would have been payable to the dependent spouse. In the case of the payment of a retirement allowance under this section to a child of a deceased group C member who is a dependent student, the retirement allowance shall continue while such child remains a dependent student until he or she attains age 23.
  3. The retirement allowance payable to the dependent spouse of a deceased member under this section shall be equal to 25 percent of the member's average final compensation at the time of his or her death.
  4. Notwithstanding subsection (c) of this section, a dependent spouse of a deceased group C member under this section shall receive as a minimum an allowance which:
    1. If his or her compensation from the State was not subject to Social Security withholding will; or
    2. If his or her compensation from the State was subject to Social Security withholding will, when added to survivor's insurance benefit, be equal to 35 percent of average final compensation plus ten percent of average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, who has not attained age 23. Where, pursuant to this section, a retirement allowance is payable to a child or parent eligible for a survivor's insurance benefit the allowance payable under this subsection shall be inclusive of such person's survivor's insurance benefit.
  5. The retirement allowance payable to a dependent spouse under this section who also qualifies for an ordinary death benefit under section 465 of this title shall in no event be less than the death benefit which would otherwise be payable to such spouse under section 465 of this title.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41 , § 12; 1985, No. 160 (Adj. Sess.), § 1; 1989, No. 277 (Adj. Sess.), § 17o, eff. Jan. 1, 1991; 1997, No. 89 (Adj. Sess.), § 7; 2003, No. 122 (Adj. Sess.), § 297a.

History

Amendments--2003 (Adj. Sess.). Subsection (a): Inserted "or her" following "his" preceding "retirement" and "performance", respectively; substituted "the member's" for "his" and inserted "or her designated" preceding "dependent beneficiary" and "or her" preceding "life".

Amendments--1997 (Adj. Sess.). Deleted the reference to group B in the groups listed in subsec. (a).

Amendments--1989 (Adj. Sess.). Subsection (a): Substituted "F" for "E" preceding "member".

Amendments--1985 (Adj. Sess.). Subsection (b): Inserted "or her" following "his" throughout the subsection, deleted "or remarries" following "spouse dies" in the first sentence, and inserted "or she" following "he" in the last sentence.

Amendments--1981. Subsection (a): Substituted "group B, group D or group E" for "or a group B or a group D" following "group A".

Retroactive effective date--1985 (Adj. Sess.) amendment. 1985, No. 160 (Adj. Sess.), § 4, as amended by 1987, No. 121 , § 24b, eff. June 29, 1987, provided that the amendment to subsec. (b) shall be retroactive to August 2, 1979.

Merger of groups B and C. See note set out under 3 V.S.A. § 455.

§ 465. Termination of service; ordinary death benefit.

  1. Upon the withdrawal of a member from service prior to retirement for reasons other than death, the amount of his or her accumulated contributions will be returnable to him or her. In lieu of such return of contributions, any member who has completed five years of creditable service may allow his or her contributions to remain in the System and receive a deferred vested retirement allowance, commencing no earlier than the early retirement date, which shall be equal to:
    1. An early or normal retirement allowance based on his or her average final compensation at his or her date of termination of service and the number of years of creditable service he or she would have completed had he or she remained in service to his or her normal retirement date, multiplied by
    2. The ratio that the number of his or her years of creditable service at termination of service bears to the number of years of such service he or she would have completed had he or she remained in service to his or her normal retirement date, with early retirement reductions, if applicable.
    1. Upon the death of a member in service who has not reached his or her normal retirement date and who has not completed 10 years of creditable service, as a result of causes other than those specified in section 464 of this title, the member's accumulated contributions shall be paid to such person as he or she shall have designated for such purpose in a writing duly acknowledged and filed with the Board. In the absence of a written designation of beneficiary or in the event the designated beneficiary is deceased, the return of accumulated contributions with interest payable as a result of the death of the member prior to retirement shall be payable as follows: (b) (1)  Upon the death of a member in service who has not reached his or her normal retirement date and who has not completed 10 years of creditable service, as a result of causes other than those specified in section 464 of this title, the member's accumulated contributions shall be paid to such person as he or she shall have designated for such purpose in a writing duly acknowledged and filed with the Board. In the absence of a written designation of beneficiary or in the event the designated beneficiary is deceased, the return of accumulated contributions with interest payable as a result of the death of the member prior to retirement shall be payable as follows:
      1. In the case of an open estate, to the administrator or executor.
      2. In the case of a closed estate and the deceased member's account is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.
      3. In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and the deceased member's account is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, to the next of kin according to 14 V.S.A. § 551 .
      4. In all other cases, a probate estate shall be opened by the claimant or other interested party in order to determine the appropriate distribution of the proceeds of the deceased member's account. When an estate is opened solely to distribute the proceeds of a deceased member's account under this section, the Probate Division of the Superior Court may waive any filing fees.
    2. In addition, if any member was in service at the date of the member's death or on approved leave of absence for professional study and had completed one or more years of creditable service, or if the member's death was the result of an accident while in service or on leave of absence, a pension equal to 10 percent of the member's average final compensation, but not less than $50.00 per month, will be payable on account of each of the member's dependent children under the age of 18, or, if a dependent student, under the age of 23, not exceeding a total of three. However, if a surviving child of any age was mentally or physically incapacitated to the extent that the child is impeded from substantial gainful employment before attaining age 18, the pension will be payable for the duration of the child's incapacity.
  2. If a Group A, Group D, or Group F member dies in service after becoming eligible for early retirement or after completing 10 years of creditable service, a retirement allowance will be payable to the member's designated dependent beneficiary during his or her life. If the designated dependent beneficiary so elects, however, the return of the member's accumulated contributions shall be made in lieu thereof.
  3. If a Group C member dies in service after reaching his or her normal retirement date or after completing 10 years of creditable service, a retirement allowance will be payable to the member's dependent spouse during her or his life, or if there be no dependent spouse, or if the dependent spouse dies before the youngest child of the deceased member has attained age 18, age 23 in the case of a dependent student, then to the member's child or children under said age until the youngest of such children attains such age, divided in such manner as the Retirement Board in its discretion shall determine provided that the total annual payments to all such children shall not exceed the retirement allowance which would have been payable to the dependent spouse. If a member leaves no dependent spouse or child under such age upon his or her death, then a retirement allowance may be payable at the discretion of the Retirement Board to his or her dependent parent or parents provided that the total allowance payable shall not exceed the retirement allowance which would have been payable to the dependent spouse. In the case of the payment of a retirement allowance under this section to a child of a deceased Group C member who is a dependent student, the retirement allowance shall continue while such child remains a dependent student until he or she attains age 23.
  4. Unless the designated dependent beneficiary elects to receive payment of a deceased member's accumulated contributions as provided under subsection (c) of this section, the retirement allowance payable to the designated dependent beneficiary of a deceased Group A, Group D, or Group F member under this section shall be equal to the retirement allowance that would have been payable had the member elected option 3 and retired on the member's date of death. In the case of a member who has not attained the normal retirement date as of his or her date of death, the retirement allowance shall be computed on the basis of a disability retirement allowance or an early retirement allowance, whichever provides the greater benefit to the dependent beneficiary. If the deceased member has no eligible dependent beneficiary, the member's accumulated contributions shall be payable in accordance with the provisions of subsection (b) of this section.
  5. The retirement allowance payable under this section to a dependent spouse of a Group C member who dies prior to normal retirement date shall be an allowance which will, when added to his or her survivor's insurance benefit, be equal to 70 percent of the retirement allowance which would have been payable to the deceased member had he or she retired on a normal or early retirement allowance, as the case may be, but without actuarial equivalent modification, on the date of the member's death plus ten percent of his or her average final compensation for each dependent child of the deceased member, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23. Where, pursuant to this section, a retirement allowance is payable to a child or parent eligible for a survivor's insurance benefit, the allowance payable under this subsection shall be inclusive of such person's survivor's insurance benefit.
  6. The provisions of subsections (c), (d), (e), and (f), and subdivision (b)(1) of this section shall not apply if benefits are payable under section 464 of this title. The provisions of subdivision (b)(2) of this section shall not apply if the benefits are paid under subsection 464(d) of this title.
  7. The provisions of subsections (e) and (g) of this section shall be retroactive to November 5, 1969 only for the account of George R. Dearborn, deceased.
  8. Any reduced retirement allowance payable during the life of the retired member, with a provision that it shall continue after his or her death for the life of the member's beneficiary, shall be determined as actuarial equivalents of the retirement allowance under subdivision (a)(1) of this section. Any member who elects to receive such a retirement allowance may elect to receive a benefit further reduced actuarially as prescribed by the Board with the added provision that, should the retired member survive his or her nominated beneficiary, the retirement allowance which would have been payable under subdivision (a)(1) shall be paid to the retired member during the remainder of his or her lifetime. If a member does not make an election as to the form of his or her retirement allowance, he or she shall receive his or her retirement allowance under the provisions of subdivision (a)(1).
  9. The survivors of a member who dies after December 31, 2006 while performing qualified military service shall be entitled to any additional benefits, other than benefit accruals related to the period of qualified military service, that would have been provided under the Plan had the member resumed employment and then terminated employment on account of death.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1975, No. 196 (Adj. Sess.), § 17; 1981, No. 41 , §§ 13, 14; 1985, No. 160 (Adj. Sess.), § 2; 1989, No. 78 , § 14; 1989, No. 277 (Adj. Sess.), § 17p, eff. Jan. 1, 1991; 1993, No. 33 , § 1; 1997, No. 89 (Adj. Sess.), § 8; 1999, No. 53 , § 3; 1999, No. 158 (Adj. Sess.), § 7; 2003, No. 122 (Adj. Sess.), §§ 297b, 297c; 2007, No. 13 , § 6; 2007, No. 13 7 (Adj. Sess.), § 2; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 22 , § 3; 2015, No. 18 , § 1; 2015, No. 114 (Adj. Sess.), § 2.

History

Reference in text. 14 V.S.A. § 551, referred to in subdiv. (b)(1)(C), was repealed by 2009, No. 55 , § 4, effective June 1, 2009.

Amendments--2015 (Adj. Sess.). Subsec. (g): Amended generally.

Amendments--2015. Subsection (j): Added.

Amendments--2013. Subsection (a): Substituted "no earlier than the early" for "at normal" preceding "retirement date".

Subdivision (a)(1): Substituted "An early or" for "A" preceding "normal" at the beginning of the subdivision.

Subdivision (a)(2): Inserted ", with early retirement reductions, if applicable" following "date" at the end of the subdivision.

Subdivision (b)(1): Substituted "10" for "20" preceding "years".

Amendments--2009 (Adj. Sess.) Subdivisions (b)(1)(B)-(D): Pursuant to the general amendment in Act 154, § 238a(b), substituted "probate division of the superior court" for "probate court".

Amendments--2007 (Adj. Sess.). Substituted "10 years" for "20 years" in subsecs. (c) and (d); deleted former subsec. (d), and redesignated former subsecs. (e)-(j) as present subsecs. (d)-(i); and made a minor grammatical change in subsec. (g).

Amendments--2007. Subsection (b): Added the subdivision designations and rewrote the subsection.

Subsection (g): Deleted the subdivision designations; the text of former subdiv. (1), and "If his or her compensation from the state was subject to Social Security withholding" from the beginning of former subdiv. (2); substituted "the member's" for "his" preceding "death"; and inserted "or her" following "his".

Amendments--2003 (Adj. Sess.). Subsections (c), (f): Inserted "designated" preceding "dependent" in two places.

Amendments--1999 (Adj. Sess.) Subsection (b): Amended generally.

Subsection (c): Substituted "completing 20 years" for "completion of twenty years", "the member's" for "his" preceding "dependent" and inserted "or her" preceding "life" in the first sentence, and substituted "the" for "his" preceding "dependent" and "the member's" for "his" preceding "accumulated" in the second sentence.

Subsection (d) Substituted "after reaching his or her normal" for "after he reaches his normal", "after completing 12 years" for "after he has completed twelve years", "the member's" for "his" preceding "dependent" and "the member's" for "his" preceding "accumulated".

Subsection (e): Substituted "reaching" for "he or she reaches", "completing 20 years" for "he or she has completed twenty years", "the member's" for "his or her" preceding "dependent", "age 18, age 23" for "age eighteen, age twenty-three", and "the member's" for "his or her" in the first sentence and "age 23" for "age twenty-three" in the last sentence.

Amendments--1999 Rewrote subsec. (f).

Amendments--1997 (Adj. Sess.). Deleted group B from the groups listed in the first sentence of subsecs. (c) and (f).

Amendments--1993. Subsection (a): Substituted "five" for "ten" preceding "years" in the introductory paragraph and made other minor changes in phraseology throughout the subsection.

Amendments--1989 (Adj. Sess.). Subsection (c): Substituted "F" for "E" preceding "member" in the first sentence.

Subsection (f): Substituted "group F" for "group E" following "group D or" in the first sentence.

Amendments--1989. Subsection (j): Added.

Amendments--1985 (Adj. Sess.). Subsection (e): Inserted "or she" following "he" in two places, "or her" following "reaches his", following "payable to his" and following "then to his", "or his" following "during her" and deleted "or remarries" following "spouse dies" in the first sentence, inserted "or her" following "his" in two places in the second sentence, and inserted "or she" following "he" in the last sentence.

Amendments--1981. Subsection (c): Substituted "group B, group D or group E" for "or a group B" preceding "member" and "completion of" for "he has completed" preceding "twenty" in the first sentence.

Subsection (f): Substituted "group B, group D or group E" for "or group B or a group D" following "group A" in the first sentence.

Amendments--1975 (Adj. Sess.) Subsection (a): Deleted "group A or group B or group D member who has completed thirteen years of creditable service, or any group C" preceding "member who has completed ten" in the second sentence.

Retroactive effective date--1985 (Adj. Sess.) amendment. 1985, No. 160 (Adj. Sess.), § 4, as amended by 1987, No. 121 , § 24b, eff. June 29, 1987, provided that the amendment to subsec. (e) shall be retroactive to August 2, 1979.

Merger of groups B and C. See note set out under 3 V.S.A. § 455.

ANNOTATIONS

Analysis

1. Rights.

Section 373(4) of this title indicated that former member of retirement system who terminated his employment more than three years prior to May 28, 1953, had ceased prior to that date to be member, and would therefore have no rights under this section. 1954-56 Op. Atty. Gen. 388. (Decided under prior law.)

2. Illness.

An employee who voluntarily withdrew from the retirement system prior to the completion of ten or more years of service could not allow his contributions to remain in the system but if he was absent not through the act of withdrawing from service, but because of illness or some other legitimate reason, he did not cease to be a member of the system within the provisions of this section. 1964-66 Op. Atty. Gen. 258. (Decided under prior law.)

§ 466. Coordination of disability retirement benefits with workers' compensation benefits.

  1. Disability pension and annuity retirement benefits payable under this chapter shall not commence until workers' compensation benefits have been exhausted under 21 V.S.A. § 642 or 646.
  2. Notwithstanding subsection (a) of this section, disability retirement benefits payable under this chapter shall be paid to a member who applies for and meets all of the eligibility criteria for disability retirement under section 460 or 461 of this title, has filed a claim for temporary disability workers' compensation benefits under 21 V.S.A. § 642 or 646, and for whom no such benefits have been or are being paid pursuant to any of these sections. If the disability retiree receives temporary workers' compensation benefits pursuant to 21 V.S.A. § 642 or 646, disability retirement pension and annuity benefit payments shall cease immediately and the retiree shall be immediately restored to his or her employment position and status as existed immediately preceding separation from service as an employee, including restoration of all benefits that existed at that time. Acceptance of disability retirement benefits prior to being restored to State service shall not act as a waiver under subsection (d) of this section.
  3. No employee shall concurrently receive both disability retirement benefits payable under this chapter and workers' compensation benefits payable under section 21 V.S.A. § 642 or 646. If an employee receives disability retirement pension and annuity benefits and later receives an award for temporary disability workers' compensation benefits for the same period, the Vermont State Retirement System shall have a lien against any retroactive workers' compensation award under 21 V.S.A. § 642 or 646 for the same period that the employee received disability retirement benefits in the amount of the disability retirement pension and annuity benefits paid. Any recovery under 21 V.S.A. § 642 or 646 against the employer or the employer's workers' compensation insurance carrier shall, after deducting expenses of recovery, reimburse the Vermont State Retirement System for disability retirement pension and annuity benefits for all retroactive periods of time included in the recovery. The State Treasurer shall notify the Department of Buildings and General Services when a disability retirement application is approved for an employee who has filed a workers' compensation claim. The Department of Buildings and General Services or its workers' compensation insurance carrier shall notify the State Treasurer of commencement or termination of any workers' compensation payments or awards to an employee who has been reported by the State Treasurer as eligible to receive disability retirement benefits.
  4. An employee who chooses to accept disability retirement benefits payable under this chapter, except as otherwise described under this section and subsection (b) of this section, shall waive any claim for benefits in excess of 330 weeks under 21 V.S.A. §§ 644 and 645. Under this subsection, an employee may receive permanent disability benefits under 21 V.S.A. chapter 9 and disability retirement benefits under this chapter simultaneously for up to 330 weeks. Prior to actual payment of disability retirement benefits, the disability retiree shall make an election of what benefit he or she wants to receive after 330 weeks by indicating on a form provided by the State Treasurer at the time of application. The form shall advise the disability retiree in conspicuous print that he or she may wish to consult with legal counsel prior to making the election.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 165 (Adj. Sess.), § 1; 1989, No. 78 , § 16; 2005, No. 150 (Adj. Sess.), § 2.

History

Amendments--2005 (Adj. Sess.). Amended the section generally.

Amendments--1989. Amended section generally.

Amendments--1981. Substituted "workers'" for "workmen's" preceding "compensation".

Legislative findings; intent. 2005, No. 150 (Adj. Sess.), § 1 provides: "(a) The general assembly finds that:

"(1) The disability retirement system for state employees found in chapter 16 of Title 3 requires an injured employee to choose between disability retirement benefits and workers' compensation benefits for temporary disability (pursuant to chapter 9 of Title 21). Eligible employees, who wish to collect disability retirement benefits to provide a stream of income while they are unable to work and who want to continue their health care coverage are required to forfeit their right to appeal the denial of their workers' compensation benefits.

"(2) The disability retirement system for state employees found in chapter 16 of Title 3 requires a catastrophically injured employee to choose between disability retirement benefits and permanent total workers' compensation benefits beyond 330 weeks, up to lifetime (pursuant to chapter 9 of Title 21). If a workers' compensation claim is denied and the employee has to accept disability retirement to have an income while he or she appeals the workers' compensation claim, the employee would be waiving significant future workers' compensation benefits with no ability to choose the higher workers' compensation benefit if the claim is ultimately determined to be compensable.

"(b) By this act, the general assembly intends to allow an eligible employee to accept disability retirement benefits during the pendency of the employee's compensation appeal. Upon resolution of the workers' compensation claim, the employee would either continue in the disability retirement or resume his or her employee status and receive workers' compensation benefits which the employee would have received if the claim had been accepted at the outset. While an employee will still waive access to workers' compensation benefits under Title 21 in excess of 330 weeks if the employee chooses to accept disability retirement benefits, this waiver applies only to the period after 330 weeks of permanent partial or permanent total disability benefits have been paid. An employee may receive both disability retirement and permanent partial or permanent total benefits under the workers' compensation system for up to 330 weeks.

"(c) By this act the general assembly does not intend to enable the concurrent receipt of retirement disability benefits and temporary workers' compensation disability benefits or permanent total benefits beyond 330 weeks."

Cross References

Cross references. Workers' compensation generally, see 21 V.S.A. § 601 et seq.

ANNOTATIONS

Analysis

1. Constitutionality.

This section is not an unconstitutional delegation of legislative authority, for it gives clear mandatory guidelines for the retirement board to follow in arriving at its decisions. Vincent v. Vermont State Retirement Board, 148 Vt. 531, 536 A.2d 925 (1987).

2. Discretion of board.

The retirement board is granted discretionary authority under this section to determine how to offset a workers' compensation award against an occupationally related disability pension; the board is not granted the discretion whether or not to do so. Vincent v. Vermont State Retirement Board, 148 Vt. 531, 536 A.2d 925 (1987).

The fact that the retirement board chose to offset plaintiff's disability retirement allowance by his workers' compensation award after plaintiff stopped receiving the workers' compensation award did not constitute an abuse of discretion. Vincent v. Vermont State Retirement Board, 148 Vt. 531, 536 A.2d 925 (1987).

3. Judicial review.

The language "in such manner as the retirement board shall determine" in this section does not foreclose judicial review of the retirement board's decisions. Vincent v. Vermont State Retirement Board, 148 Vt. 531, 536 A.2d 925 (1987).

§ 467. Death benefit after retirement - Group C.

If a group C member in receipt of a retirement allowance dies, his or her dependent spouse shall receive until her or his death a retirement allowance which shall be equal to 70 percent of the retirement allowance to which the member was then entitled, without optional modification, irrespective of whether such member had elected an option hereunder.

Added 1971, No. 231 (Adj. Sess.), § 4; amended 1985, No. 160 (Adj. Sess.), § 3.

History

Amendments--1985 (Adj. Sess.). Inserted "or her" following "dies, his" and "or his" preceding "death" and deleted "or remarriage" thereafter and "inclusive of each such spouse's survivor's insurance benefit" preceding "shall be equal".

Retroactive effective date--1985 (Adj. Sess.) amendment. 1985, No. 160 (Adj. Sess.), § 4, as amended by 1987, No. 121 , § 24b, eff. June 29, 1987, provided that the amendment to this section shall be retroactive to August 2, 1979.

§ 468. Optional benefits.

  1. Until the first payment on account of a retirement allowance becomes normally due, any member may elect to convert the retirement allowance otherwise payable to the member after retirement into a retirement allowance that is its actuarial equivalent, in accordance with one of the optional forms described in this section.
    1. Option 1.  A reduced retirement allowance payable during the member's life, with the provision that at the member's death a lump sum equal in amount to the difference between the member's accumulated contributions at the time of retirement and the sum of the annuity payments actually made to the member during his or her lifetime shall be paid to such person, if any, as the member has nominated by written designation duly acknowledged and filed with the Retirement Board; or, in the absence of a written designation of beneficiary or when the designated beneficiary is deceased, the residual amount payable as a result of the death of the member after retirement shall be payable as follows
    2. [Deleted.]
      1. In the case of an open estate, to the administrator or executor.
      2. In the case of a closed estate and the deceased member's account is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.
      3. In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and the deceased member's account is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin according to 14 V.S.A. § 551 .
      4. In all other cases, a probate estate shall be opened by the claimant, or other interested party, in order to determine the appropriate distribution of the proceeds of the deceased member's account. When an estate is opened solely to distribute the proceeds of a deceased member's account under this section, the Probate Division of the Superior Court may waive any filing fees; or
    3. Option 3.  A reduced retirement allowance payable during the member's life, with the provision that it shall continue after the member's death for the life of the beneficiary nominated by the member by written designation duly acknowledged and filed with the Retirement Board at the time of retirement should such beneficiary survive the member; or
    4. Option 4.  A reduced retirement allowance payable during the member's life, with the provision that it shall continue after the member's death at one-half the rate paid to the member and be paid for the life of the beneficiary nominated by the member by written designation duly acknowledged and filed with the Retirement Board at the time of retirement should such beneficiary survive the member.
  2. Any member who elects to receive a retirement allowance under the provisions of option 3 or 4 may elect to receive a benefit further reduced actuarially as prescribed by the Board with the added provision that on the basis of stipulations contained in a plan-approved domestic relations order or if the retired member survives the member's nominated beneficiary, the retirement allowance which would have been payable during the member's life computed pursuant to section 459, 460, or 461 of this title, whichever is applicable, shall be paid to the retired member during the remainder of the member's lifetime. If a member does not make an election as to the form of his or her retirement allowance, the member shall receive his or her retirement allowance computed pursuant to section 459, 460, or 461 of this title, whichever is applicable.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1999, No. 53 , § 4; 2007, No. 13 , § 7; 2009, No. 24 , § 2; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

History

Reference in text. 14 V.S.A. § 551, referred to in subdivision (a)(2)(C), was repealed by 2009, No. 55 , § 4, eff. June 1, 2009.

Amendments--2009 (Adj. Sess.) Subdivisions (a)(2)(B)-(D): Pursuant to the general amendment in Act 154, § 238a(b), substituted "probate division of the superior court" for "probate court".

Amendments--2009. Subdivision (a)(1): Inserted "in the absence of a written designation of beneficiary or when the designated beneficiary is deceased, the residual amount payable as a result of the death of the member after retirement shall be payable as follows" following "or".

Subdivision (a)(2): Deleted.

Amendments--2007. Subsection (a): Substituted "in this section" for "below" at the end of the subsection.

Subdivision (a)(1): Added the subdivision designation and deleted "otherwise to the member's estate" from the end of the subdivision.

Subdivision (a)(2): Deleted "otherwise to the member's estate" and amended the subdivision generally.

Amendments--1999. Designated the first paragraph as subsection (a), substituted "the member" and "the member's" for "him" and "his" and inserted "or her" following "his" throughout subsec. (a) and added subsec. (b).

ANNOTATIONS

1. Prior law.

The purpose of the 1965 amendment to the first paragraph of this section was to provide an allowance to the spouse of a member who died in service after completing not less than twenty-two years of creditable service and it was not related to the allowance paid under the disability retirement allowance provisions of the state employees' retirement system. 1964-66 Op. Atty. Gen. 261.

The allowance to the spouse of a member deceased in service after twenty-two years of creditable service, as provided in the first paragraph of this section, was to be calculated on a service retirement rather than a disability retirement basis. 1964-66 Op. Atty. Gen. 261.

Since the allowance provided under section 375 of this title for a member who retired at age sixty-five, and the allowance provided by this section to the spouse of a member who died in service after age sixty-five was calculated on a service retirement basis, it seemed reasonable that the allowance of a spouse of a member who died in service after twenty-two years of creditable service, as provided in this section, was to be calculated on the same basis, and that the legislature so intended, was borne out by its inclusion of those members who died in service with twenty-two years of creditable service, in the same sentence with those who died in service after reaching age sixty-five. 1964-66 Op. Atty. Gen. 261.

Retired member, once having elected a certain plan of benefits, could not subsequently change to another plan by election made after time when first payment on account of a retirement allowance became due normally. 1946-48 Op. Atty. Gen. 398.

§ 469. Minimum benefit - Group C.

Anything contained in this title to the contrary notwithstanding, the benefit payable to or on account of a group C member hereunder, inclusive of any benefit provided by his additional contributions as specified in subsection 473(b) of this title together with the Social Security benefit or survivor's insurance benefit, as the case may be, shall not be less than the benefit which would have been payable to him or her or on his or her account under the provisions of the Vermont State Police and Motor Vehicle Inspectors' Retirement System as in effect on June 30, 1972 had said System continued in effect unamended.

Added 1971, No. 231 (Adj. Sess.), § 4.

ANNOTATIONS

Cited. Vincent v. Vermont State Retirement Board, 148 Vt. 531, 536 A.2d 925 (1987).

§ 470. Postretirement adjustments to retirement allowances.

  1. For Group A, Group C, and Group D members, as of June 30th in each year, commencing June 30, 1972, a determination shall be made of any increase or decrease, to the nearest one-tenth of a percent, in the ratio of the average of the Consumer Price Index for the month ending on that date to the average of said index for the month ending on June 30, 1971, or the month ending on June 30th of the most recent year subsequent thereto. In the event of an increase, and provided that the net increase following the application of any offset as provided in this subsection equals or exceeds one percent, the retirement allowance of each beneficiary in receipt of an allowance for at least one year on the next following December 31st shall be increased by an equal percentage. Such increase shall commence on the January 1st immediately following such December 31st. Such percentage increase shall also be made in the retirement allowance payable to a beneficiary in receipt of an allowance under an optional election, provided the member on whose account the allowance is payable and such other person shall have received a total of at least 12 monthly payments by such December 31st. In the event of a decrease of the Consumer Price Index as of June 30th for the preceding year, the retirement allowance of a beneficiary shall not be subject to any adjustment on the next following January 1st; provided, however, that:
    1. such decrease shall be applied as an offset against the first subsequent year's increase of the Consumer Price Index when such increase equals or exceeds one percent, up to the full amount of such increase; and
    2. to the extent that such decrease is greater than such subsequent year's increase, such decrease shall be offset in the same manner against two or more years of such increases, for up to but not exceeding five subsequent years of such increases, until fully offset.
  2. For Group F members, as of June 30th in each year, commencing January 1, 1991, a determination shall be made of any increase or decrease, to the nearest one-tenth of a percent of the Consumer Price Index for the preceding fiscal year. In the event of an increase, and provided that there exists a net increase following the application of any offset as provided in this subsection, the retirement allowance of each beneficiary in receipt of an allowance for at least one year on the next following December 31st shall be increased by an amount equal to one-half of the net percentage increase. Commencing January 1, 2014, the retirement allowance of each beneficiary who was an active contributing member of the Group F plan on or after June 30, 2008, and who retires on or after July 1, 2008, shall be increased by an amount equal to the net percentage increase. The increase shall commence on the January 1st immediately following such December 31st. The increase shall apply to Group F members receiving an early retirement allowance only in the year following attainment of normal retirement age, provided the member has received benefits for at least 12 months as of December 31st of the year preceding any January adjustment. In the event of a decrease of the Consumer Price Index as of June 30th for the preceding year, the retirement allowance of a beneficiary shall not be subject to any adjustment on the next following January 1st; provided, however, that:
    1. such decrease shall be applied as an offset against the first subsequent year's increase of the Consumer Price Index, up to the full amount of such increase; and
    2. to the extent that such decrease is greater than such subsequent year's increase, such decrease shall be offset in the same manner against two or more years of such increases, for up to but not exceeding five subsequent years of such increases, until fully offset.
  3. For purposes of subsection (a) of this section, the maximum amount of any increase or decrease utilized to determine the net percentage increase shall be five percent. For purposes of subsection (b) of this section, the maximum amount of any increase or decrease utilized to determine the net percentage increase shall be five percent, and any increase or decrease of less than one percent shall be assigned a value of one percent.
  4. For purposes of this section, Consumer Price Index shall mean the Northeast Region Consumer Price Index for all urban consumers, designated as "CPI-U," in the northeast region, as published by the U.S. Department of Labor, Bureau of Labor Statistics.
  5. No increase shall be made pursuant to this section in a deferred vested allowance payable pursuant to subsection 465(a) of this title prior to its commencement.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41 , § 15; 1989, No. 277 (Adj. Sess.), § 17q; 1991, No. 64 , § 3, eff. June 18, 1991; 1997, No. 89 (Adj. Sess.), § 9; 1999, No. 158 (Adj. Sess.), § 12; 2007, No. 116 (Adj. Sess.), § 3; 2009, No. 24 , § 3; 2009, No. 139 (Adj. Sess.), §§ 2a, 13(b); 2011, No. 63 , § H.1; 2013, No. 22 , § 4; 2015, No. 114 (Adj. Sess.), § 3.

History

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--2013. Subsection (b): Substituted "normal retirement age" for "age 62".

Amendments--2011. Catchline: Substituted "Postretirement" for "Post-retirement".

Subsection (c): Inserted "Northeast Region" preceding "Consumer" and "in the northeast region," preceding "as published".

Amendments--2009 (Adj. Sess.) Deleted "or decrease" following "increase" and "or decreased, as the case may be" following "increased" wherever it appeared throughout subsecs. (a) and (b), and added subsec. (e).

Amendments--2009. Subsection (b): Substituted "on or after" for "as of" preceding "June 30, 2008".

Amendments--2007 (Adj. Sess.) Subsection (b): Added the third sentence.

Amendments--1999 (Adj. Sess.) Subsection (a): Inserted "and the minimum shall be one percent" following "five percent" in the last sentence.

Subsection (b): Deleted "or a normal" preceding "retirement allowance" in the fourth sentence and inserted "and the minimum shall be one percent" following "five percent" in the last sentence.

Amendments--1997 (Adj. Sess.). Deleted group B from the groups listed in the first sentence of subsec. (a).

Amendments--1991. Subsection (b): Inserted "or a normal" preceding "retirement" in the fourth sentence.

Amendments--1989 (Adj. Sess.). Subsection (b): Substituted "F" for "E" following "group" and "January 1, 1991" for "June 30, 1981" following "commencing" in the first sentence and "F" for "E" following "group" in the fourth sentence.

Amendments--1981. Subsection (a): Added "for group A, group B, group C and group D members" at the beginning of the first sentence and made minor changes in phraseology in that sentence.

Subsection (b): Redesignated former subsec. (b) as subsec. (c) and added a new subsec. (b).

Subsection (c): Redesignated former subsecs. (b) and (c) as (c) and (d) respectively and substituted "for all urban consumers, designated as 'CPI-U'" for "(all items - United States City Average)".

Subsection (d): Redesignated former subsec. (c) as subsec. (d).

Merger of groups B and C. See note set out under 3 V.S.A. § 455.

Prospective repeal of 2009 (Adj. Sess.) amendments to subsecs. (a), (b) and (e). 2009, No. 139 (Adj. Sess.), § 13 provides: "Secs. 2a [which amended this section], 6a, 6b, and 10 [which amended § 16 V.S.A. § 1949 and the Vermont municipal retirement fund] shall be repealed on July 1, 2011, and the amendments to the statutory provision set forth in those Secs. shall revert to the language in existence prior to the effective date of this act [May 29, 2010] except to the extent that 16 V.S.A. § 1949(b) has otherwise been amended by Sec. 7 of this Act."

Effective date of amendment. 2011, No. 63 , § I.100(c) provides: "Secs. H.1-H.3 [which amended this section, 16 V.S.A. § 1949 and 24 V.S.A. § 5067] of this act shall take effect on July 1, 2011, with determinations for cost-of- living adjustments as required by 3 V.S.A. § 470, 16 V.S.A. § 1949, and 24 V.S.A. § 5067 being made on January 1, 2012 pursuant to the Northeast Region Consumer Price Index as of June 30, 2011."

§ 471. Retirement Board; Medical Board; actuary; rates of contribution; safekeeping of securities.

  1. The general administration and responsibility for the proper operation of the Retirement System and for making effective the provisions of this subchapter are hereby vested in a board of eight trustees, known as the Retirement Board. The Board shall consist of the Governor or his or her designated representative, the State Treasurer, the Commissioner of Human Resources, the Commissioner of Finance and Management, three members of the Vermont State Employees' Association who are members of the System, each to be chosen by such Association in accordance with its articles of association and bylaws or policies for a term of two years, and one retired State employee who is a beneficiary of the System, to be elected by the Vermont Retired State Employees' Association for a term of two years. If a vacancy occurs in the office of a chosen member, the vacancy shall be filled for the unexpired term in accordance with the articles of association and bylaws or policies of the association affected by the vacancy. In the absence of a member of the State Employees' Association or the Retired State Employees' Association, the respective association may designate a person who is a member of the Association to attend a meeting or meetings of the Retirement Board in place of the absent member. A person so designated shall have the same voting rights and responsibilities as the absent member he or she is representing at such meeting or meetings, except that the person shall not automatically assume the trustee's place as an officer of the Board.
  2. The trustees as such shall serve without compensation, but they shall be reimbursed from the funds of the Retirement System for all necessary expenses that they may incur through service on the Retirement Board.
  3. Each trustee shall be entitled to one vote in the Retirement Board. Five trustees shall constitute a quorum for the transaction of any business. A majority vote of those present and voting shall be necessary for any resolution or action by the Retirement Board at any meeting of the Board. All trustees shall be notified of any meeting of the Board. The State Treasurer, the Commissioner of Finance and Management, and the Commissioner of Human Resources each may designate in writing a person within the trustee's office or department to attend a meeting or meetings of the Retirement Board in the Treasurer's or the Commissioner's place. The designation shall be filed with the Secretary of the Board. A person so designated shall have the same voting rights and responsibilities as the ex officio trustee at such meeting or meetings except that the designee shall not automatically assume the trustee's place as an officer of the Board.
  4. Subject to the limitations of this subchapter, the Retirement Board shall, from time to time, establish rules and regulations for the administration of the Fund of the Retirement System and for the transaction of its business.
  5. The Retirement Board shall elect from its membership a chair and shall appoint a secretary who may be, but need not be, one of the trustees.  It shall engage such medical, actuarial, and other services as shall be required to transact the business of the Retirement System.  The compensation of all persons engaged by the Retirement Board, and all other expenses of the Board necessary for the operation of the Retirement System, shall be paid at such rates and in such amounts as the Board shall approve.
  6. The Retirement Board shall keep in convenient form such data as shall be necessary for actuarial valuation of the fund of the Retirement System, and for checking the experience of the System.
  7. The Retirement Board shall keep a record of all its proceedings, which shall be open to public inspection. It shall publish annually and distribute to the General Assembly a report showing the fiscal transactions of the Retirement System for the preceding fiscal year, the amount of the accumulated cash and securities of the System, and the last balance sheet showing the financial condition of the Retirement System by means of an actuarial valuation of the assets and liabilities of the System. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
  8. The Attorney General of the State shall be legal advisor to the Retirement Board.
  9. The Retirement Board shall designate a Medical Board to be composed of three physicians not eligible to participate in the Retirement System. If required, other physicians may be employed to report on special cases. The Medical Board shall arrange for and pass upon all medical examinations required under the provisions of this subchapter, shall investigate all essential medical statements and certificates by or on behalf of a member in connection with a claim of disability or accidental and occupationally-related death, and shall report in writing to the Retirement Board of its conclusions and recommendations upon all such matters.
  10. The Retirement Board shall designate an actuary who shall be the technical advisor of the Board on matters regarding the operation of the Fund of the Retirement System, and shall perform such other duties as are required in connection therewith. Immediately after the establishment of the Retirement System, the Retirement Board shall adopt for the Retirement System such mortality and service tables as shall be deemed necessary and shall certify the rates of contribution payable under the provisions of this subchapter. At least once in each five-year period following the establishment of the System, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the Retirement System, and taking into account the results of such investigation, the Retirement Board shall adopt for the Retirement System such mortality, service, and other tables as shall be deemed necessary and shall certify the rates of contribution payable under the provisions of this subchapter.
  11. On the basis of such mortality and service tables as the Retirement Board shall adopt, the actuary shall make annual valuations of the assets and liabilities of the fund of the Retirement System.
  12. The Committee shall designate from time to time a depositary for the securities and evidences of indebtedness held in the Fund of the System and may contract for the safekeeping of securities and evidences of indebtedness within and without the State of Vermont in such banks, trust companies, and safe-deposit facilities as it shall from time to time determine. The necessary and incidental expenses of such safekeeping and for service rendered, including advisory services in investment matters, shall be paid from the operation expenses of the System as hereinafter provided. Any agreement for the safekeeping of securities or evidences of indebtedness shall provide for the access to such securities and evidences of indebtedness, except securities loaned pursuant to a securities lending agreement as authorized by subsection (m) of this section, at any time by the custodian or any authorized agent of the State for audit or other purposes.
  13. The Committee may authorize the loan of its securities pursuant to securities lending agreements that provide for collateral consisting of cash or securities issued or guaranteed by the U.S. government or its agencies equal to 100 percent or more of the market value of the loaned securities. Cash collateral may be invested by the lending institution in investments approved by the State Treasurer. Approval of investments shall be made in accordance with the standard of care established by the prudent investor rule under 9 V.S.A. chapter 147.
  14. The Board shall review annually the amount of State contribution recommended by the actuary of the Retirement System as necessary to achieve and preserve the financial integrity of the fund established pursuant to section 473 of this title. Based on this review, the Board shall recommend the amount of State contribution that should be appropriated for the next fiscal year to achieve and preserve the financial integrity of the fund. On or before November 1 of each year, the Board shall submit this recommendation to the Governor and the House and Senate Committees on Government Operations and on Appropriations. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1987, No. 92 , § 2, eff. June 23, 1987; 1991, No. 151 (Adj. Sess.), §§ 1, 2; 191, No. 265 (Adj. Sess.), § 1; 1995, No. 36 , § 1; 1999, No. 158 (Adj. Sess.), § 23; 2001, No. 116 (Adj. Sess.), § 5b, eff. May 28, 2002; 2003, No. 38 , § 4; 2003, No. 122 (Adj. Sess.), § 294g; 2003, No. 156 (Adj. Sess.), § 15; 2005, No. 48 , § 1; No. 50, § 4; 2007, No. 13 , § 8; 2013, No. 142 (Adj. Sess.), § 8; 2013, No. 161 (Adj. Sess.), § 72.

History

Reference in text. 9 V.S.A. chapter 147, referred to in subsec. (m), was repealed by 2009, No. 20 , § 29.

2014. In subsection (e), substituted "chair" for "chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

In subsec. (m), substituted "chapter 147 of Title 9" for "chapter 147 of Title 7" in the third sentence to correct an error in the reference.

Subsection (m) as added by 1991, No. 265 (Adj. Sess.), was redesignated as subsec. (n) to avoid conflict with subsec. (m) as previously added by 1991, No. 155 (Adj. Sess.).

Amendments--2013 (Adj. Sess.). Subsection (g): Act No. 142 added the third sentence.

Subsection (n): Act No. 142 added the fourth sentence.

Amendments--2007. Subsection (d): Substituted "fund" for "funds".

Subsection (f): Substituted "fund" for "funds".

Subsection (j): Substituted "fund" for "funds" and "five-year" for "five year".

Subsection (k): Substituted "fund" for "funds".

Subsection ( l ): Substituted "fund" for "various funds".

Subsection (m): Substituted "investments" for "funds" in the second and third sentences.

Subsection (n): Substituted "fund" for "funds".

Amendments--2005 Act No. 48 added "and the house and senate committees on government operations and appropriations" in the third sentences of subsecs. (n) and (r).

Act No. 50 substituted "committee" for "retirement board" preceding "shall designate" in the first sentence of subsec. ( l ) and preceding "may authorize" in the first sentence of subsec. (m).

Amendments--2003 (Adj. Sess.). Subsection (a): Act 156 substituted "commissioner of human resources" for "commissioner of personnel".

Subsection (g): Act 122 inserted "and distribute to the general assembly" following "annually" in the second sentence.

Amendments--2003. Subsection (a): Amended generally.

Subsection (c): Substituted "Five" for "Four" and inserted "the commissioner of finance and management".

Subsection (i): Inserted "medical" preceding "statements"; substituted "a claim of disability" for "an application for disability retirement"; deleted "an" preceding "accidental"; substituted "occupationally-related" for "occupationally related" preceding "death"; deleted "benefit" following "death"; inserted "such" preceding "matters" and deleted "referred to it" following "matters".

Amendments--2001 (Adj. Sess.). Subsection (a): Substituted "eight trustees" for "six trustees" in the first sentence; inserted "or her" following "his", "the" preceding "state treasurer" and "commissioner", deleted "and" following "personnel", inserted "the commissioner of finance and management" following "personnel", inserted "and one retired state employee who is a beneficiary of the system, to be elected by the Vermont retired state employee's association for a term of two years" following "a term of two years" in the second sentence; and inserted "of" following "elected member" and "or the retired state employee's association, the respective association" preceding "may designate" in the third sentence.

Amendments--1999 (Adj. Sess.) Subsection (m): Substituted "may be invested by the lending institution in funds approved by the state treasurer" for "shall be invested in accordance with the requirements for investments of state funds as provided by 32 V.S.A. § 433" in the second sentence and added the third sentence.

Amendments--1995. Subsection (m): Added the second sentence.

Amendments--1991 (Adj. Sess.). Subsection ( l ): Act No. 151 inserted "except securities loaned pursuant to a securities lending agreement as authorized by subsection (m) of this section" preceding "at any time" in the third sentence.

Subsection (m): Added by Act Nos. 151 and 265.

Amendments--1987. Subsection (c): Added the fifth, sixth and seventh sentences.

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

Retirement funds integrity report, generally, see 32 V.S.A. § 311.

ANNOTATIONS

Cited. Fitzpatrick v. Vermont State Retirement System, 136 Vt. 510, 394 A.2d 1138 (1978).

§ 471a. Reports.

  1. The Board shall prepare and submit, consistent with 2 V.S.A. § 20(a) , reports on the following subjects:
    1. the fiscal transactions of the Retirement System, pursuant to subsection 471(g) of this title;
    2. the results of an actuarial reevaluation of the Retirement Fund, pursuant to subsection 473a of this title.
  2. Reports required to be submitted to the General Assembly annually by January 15 shall be consolidated in a single document.

    Added 2003, No. 122 (Adj. Sess.), § 294f.

§ 472. Investments; interest rate; disbursements.

  1. The members of the Vermont Pension Investment Committee established in chapter 17 of this title shall be the trustees of the Funds created by this subchapter, 16 V.S.A. chapter 55, and 24 V.S.A. chapter 125, and with respect to them may invest and reinvest the assets of the Fund, and hold, purchase, sell, assign, transfer, and dispose of the securities and investments in which the assets of the Fund have been invested and reinvested. Investments shall be made in accordance with the standard of care established by the prudent investor rule under 9 V.S.A. chapter 147.
  2. From time to time, the Retirement Board shall set the rate or rates of regular interest at such percent rate compounded annually as shall be determined by the Board, such rate to be limited to a minimum of three percent and a maximum of five percent.
  3. The State Treasurer shall be the custodian of the assets of the Fund of the Retirement System. All payments from the Fund shall be made by the State Treasurer or his or her deputy, with approval of the Retirement Board. A duly attested copy of a resolution of the Retirement Board designating such persons and bearing on its face specimen signatures of such persons shall be filed with the State Treasurer as his or her authority for making payments upon such vouchers.
  4. Except as otherwise herein provided, no trustee and no employee of the Board or member of the Committee shall have any direct interest in the gains or profits of any investment made by the Committee; nor shall any trustee or employee of the Board or the Committee, directly or indirectly, for himself or herself or as an agent, in any manner use the same except to make such current and necessary payments as are authorized by the Board or Committee; nor shall any trustee or employee of the Board or the Committee become an endorser or surety, or in any manner an obligor, for the monies loaned to or borrowed from the Board. The Treasurer, with the approval of the Board and the Committee, shall adopt by rule standards of conduct for trustees, members of the Committee, and employees of the Board and Committee in order to maintain and promote public confidence in the integrity of the Board and Committee. Such rules shall prohibit trustees and employees from receiving or soliciting any gift, including meals, alcoholic beverages, travel fare, room and board, or any other thing of value, tangible or intangible, from any vendor or potential vendor of investment services, management services, brokerage services, and other services to the Board or Committee.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41 , § 16; 1985, No. 171 (Adj. Sess.), § 3, eff. May 7, 1986; 1987, No. 80 , § 8, eff. June 9, 1987; 1997, No. 67 (Adj. Sess.), § 4; 2005, No. 50 , § 5; 2007, No. 13 , § 9.

History

Reference in text. Chapter 17 of this title, referred to in subsec. (a), was repealed by 1971, No. 231 (Adj. Sess.), § 5.

9 V.S.A. chapter 147, referred to in subsec. (a), was repealed by 2009, No. 20 , § 29.

Amendments--2007. Subsection (a): Substituted "assets of the fund" for "funds" in two places.

Subsection (c): Substituted "assets of the fund" for "funds", "the fund" for "such fund" and "the state treasurer or his or her deputy" for "him or by deputy treasurer".

Amendments--2005 Subsection (a): Substituted "Vermont pension investment committee established in chapter 17 of this title" for "retirement board" and inserted "chapter 55 of Title 16, and chapter 125 of Title 24" in the first sentence.

Subsection (d): Amended generally.

Amendments--1997 (Adj. Sess.). Rewrote subsec. (a), deleted former subsec. (d), authorizing deposits in bank or trust companies, and redesignated former subsec. (e) as (d) and added the last two sentences of that subsection.

Amendments--1987. Subdivision (a)(3): Substituted "fund" for "Corporation" preceding "under the terms" and made other minor stylistic changes.

Amendments--1985 (Adj. Sess.). Subdivision (a)(3): Added.

Amendments--1981. Subdivision (a)(2): Substituted "70" for "35" preceding "percent" in the first sentence.

§ 472a. Compliance with federal law.

  1. Intent.  The General Assembly intends that the Retirement System and any trusts or custodial accounts established to hold the assets of the Retirement System in accordance with subsection (b) of this section be maintained, in form and operation, so as to maintain the status of the Retirement System as a qualified plan under 26 U.S.C. § 401(a) as amended, and the tax exempt status of such trusts and custodial accounts under 26 U.S.C. § 501(a) , to the extent that those requirements apply to a governmental plan as described in 26 U.S.C. § 414. Notwithstanding any other provision of this chapter to the contrary, this section shall be applicable, administered, and interpreted in a manner consistent with maintaining the tax qualification of the Retirement System as a qualified plan and the tax exempt status of such trusts and custodial accounts under 26 U.S.C. §§ 401(a) and 501(a), respectively.
  2. Exclusive benefit.  All assets of the Retirement System shall be held in trust, in one or more custodial accounts treated as trusts in accordance with 26 U.S.C. § 401(f) , or in a combination thereof. Under any trust or custodial account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to members and their beneficiaries for any part of the corpus or income to be used for, or diverted to, purposes other than the exclusive benefit of members and their beneficiaries. However, this requirement shall not prohibit:
    1. the return of a contribution within six months after the Retirement System determines that the contribution was made by a mistake of fact; or
    2. payment of the expenses of the Retirement System.
  3. Vesting on plan termination.  In the event of the termination of the Retirement System, the accrued benefits of eligible members shall become fully and immediately vested.
  4. Forfeitures.  Service credits forfeited by a member for any reason shall not be applied to increase the benefits of any other member.
  5. Required distributions.  Distributions shall begin to be made not later than the member's required beginning date as defined under 26 U.S.C. § 401(a) (9) and shall be made in accordance with all other requirements of that subsection. Benefits shall be paid under the maximum allowance pursuant to this subsection even though the member has not previously applied to receive them. The System shall be deemed to be in compliance with the terms of 26 U.S.C. § 401(a) (9) so long as it is administered under a reasonable good faith interpretation of that subsection.
  6. Limitation on benefits.  Benefits shall not be payable to the extent that they exceed the limitations imposed by 26 U.S.C. § 415, as adjusted for increases in the cost of living.
  7. Limitation on compensation.  Benefits and contributions shall not be computed with reference to any compensation that exceeds the maximum dollar amount permitted by 26 U.S.C. § 401(a) (17) as adjusted for increases in the cost of living.
  8. Actuarial determination.  Whenever the amount of any member's benefit is to be determined on the basis of actuarial assumptions done by a professional actuary, those assumptions shall be specified by resolution, which documentation shall be incorporated in the System by reference. The Board shall also adopt interest and mortality assumptions for the purposes of determining actuarial equivalent benefits under the system. The Board shall adopt assumptions by resolution, which documentation shall be incorporated in the System by reference.
  9. Direct rollovers.  An individual withdrawing a distribution from the Retirement System which constitutes an "eligible rollover distribution" within the meaning of 26 U.S.C. § 402, may elect, in the time and manner prescribed by the Retirement Board and after receipt of proper notice, to have any portion of the distribution paid directly to another plan that is qualified under 26 U.S.C. § 401(a) , to an annuity plan described in 26 U.S.C. § 403(a) , to an annuity contract described in 26 U.S.C. § 403(b) , or to an eligible plan described in 26 U.S.C. § 457(b) which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to account separately for amounts transferred into the plan, or to an individual retirement account or annuity described in 26 U.S.C. § 408(a) or (b), in a direct rollover. For distributions made after December 31, 2009, a nonspouse beneficiary who is a designated beneficiary under 26 U.S.C. § 401(a) (9) may establish an individual retirement account into which all or a portion of a death distribution from the Retirement System to which such nonspouse beneficiary is entitled can be transferred directly.
  10. Compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).  Notwithstanding any provision of law to the contrary, contributions, benefits, and service credits with respect to qualified military service shall be provided under the System in accordance with 26 U.S.C. § 414(u) , unless State law provides more favorable benefits than those required by federal law.
  11. Consent.  An individual who is not a vested member of the System and who has not yet reached the later of normal retirement age or age 62 must consent to any withdrawal of his or her assets of greater than $1,000.00. For individuals who are not vested members of the System and who have reached the later of normal retirement age or age 62, amounts greater than $1,000.00 may be paid out without the individual's consent. In all cases, amounts of $1,000.00 or less may be paid out without the individual's consent.
  12. Rules.  The Board may adopt rules to ensure that this chapter complies with federal law requirements.

    Added 2007, No. 13 , § 10; amended 2009, No. 24 , § 4; 2015, No. 18 , § 2; 2017, No. 165 (Adj. Sess.), § 4; 2019, No. 14 , § 3, eff. April 30, 2019.

History

Reference in text. The Uniformed Services Employment and Reemployment Rights Act (USERRA), referred to in subsec. (j), is codified as 3 U.S.C. § 416.

Amendments--2019. Subsecs. (k) and (l) : Added subsec. headings.

Amendments--2017 (Adj. Sess.). Subsec. (k): Rewrote the subsec.

Amendments--2015. Subsection (i): Added the last sentence.

Amendments--2009. Subsection ( l ): Added.

§ 473. Funds.

  1. Assets.  All of the assets of the Retirement System shall be credited to the Vermont State Retirement Fund.
  2. Member contributions.
    1. Contributions deducted from the compensation of members together with any member contributions transferred thereto from the predecessor systems shall be accumulated in the Fund and separately recorded for each member. The amounts so transferred on account of Group A members shall be allocated between regular and additional contributions. The amounts so allocated as regular contributions shall be determined as if the rate of contribution of four percent has been continuously in effect in the predecessor system from which such amounts were transferred and the balance of any amount so transferred on account of any Group A member shall be deemed additional contributions. In the case of Group C members who were members as of the date of establishment and Group D members, all contributions transferred from predecessor systems shall be deemed regular contributions. Those members who, prior to the date of establishment of this system, had been contributing at a rate less than four percent shall have any benefit otherwise payable on their behalf actuarially reduced to reflect such prior contribution rate of less than four percent. Upon a member's retirement or other withdrawal from service on the basis of which a retirement allowance is payable, the member's additional contributions, with interest thereon, shall be paid as an additional allowance equal to an annuity which is the actuarial equivalent of such amount, in the same manner as the benefit otherwise payable under the System.
    2. Commencing on July 1, 2016, contributions shall be 6.55 percent of compensation for Group A, D, and F members and 8.43 percent of compensation for Group C members. When the State Employees' Retirement System has been determined by the actuary to have assets at least equal to its accrued liability, contribution rates will be reevaluated by the actuary with a subsequent recommendation to the General Assembly. In determining the amount earnable by a member in a payroll period, the Retirement Board may consider the annual or other periodic rate of earnable compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit deduction from compensation for any period less than a full payroll period if an employee was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as, on an annual basis, shall not exceed one-tenth of one percent of the annual earnable compensation upon the basis of which such deduction is to be made. Each of the amounts shall be deducted until the member retires or otherwise withdraws from service, and when deducted shall be paid into the Annuity Savings Fund, and shall be credited to the individual account of the member from whose compensation the deduction was made.
    3. The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby.  Every member shall be deemed to consent and agree to the deductions made and provided herein and shall receipt for full compensation, and payment of compensation less such deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this subchapter.
    4. Subject to the approval of the Retirement Board, in addition to the contributions deducted from compensation as hereinbefore provided, any member may redeposit in the Fund by a single payment or by an increased rate of contribution an amount equal to the total amount which the member previously withdrew from this System or one of the predecessor systems; or any member may deposit therein by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with prospective retirement allowance, will provide for the member a total retirement allowance not in excess of one-half of average final compensation at normal retirement date, with the exception of Group D members for whom creditable service shall be restored upon redeposits of amounts previously withdrawn from the System, or for whom creditable service shall be granted upon deposit of amounts equal to what would have been paid if payment had been made during any period of service during which such a member did not contribute. Such additional amounts so deposited shall become a part of the member's accumulated contributions as additional contributions.
    5. The contributions of a member and such interest as may be allowed thereon which are withdrawn by the member or paid to the member estate or to a designated beneficiary in event of the member's death, shall be paid from the Fund.
    6. Contributions required under this subsection shall be limited to contributions from Group A, Group C, Group D, and Group F members.
    7. [Repealed.]
  3. Employer contributions, earnings, and payments.
    1. Employer contributions and the reserves for the payment of all pensions and other benefits, including all interest and dividends earned on the assets of the Retirement System shall be accumulated in the Fund, and all benefits payable under the System and the expenses of the System shall be paid from the Fund. Annually, the Retirement Board shall allow regular interest on the individual accounts of members in the Fund which shall be credited to each member's account within the Fund.
    2. Beginning with the actuarial valuation as of June 30, 2006, the contributions to be made to the Fund by the State shall be determined on the basis of the actuarial cost method known as "entry age normal." On account of each member there shall be paid annually into the Fund by the State an amount equal to certain percentages of the annual earnable compensation of such member, to be known as the "normal contribution," and additional amounts equal to a certain percentage of the member's annual earnable compensation, to be known as the "basic accrued liability" and "additional accrued liability" contributions. The percentage rates of the contributions shall be fixed on the basis of the liabilities of the Retirement System as shown by actuarial valuation.
    3. The normal contribution shall be the uniform percentage of the total compensation of members which, if contributed over each member's prospective period of service and added to such member's prospective contributions, if any, will be sufficient to provide for the payment of all future benefits after subtracting the sum of the unfunded accrued liability and the total assets of the Fund of the Retirement System.
    4. Beginning on July 1, 2008, until the unfunded accrued liability is liquidated, the basic accrued liability contribution shall be the annual payment required to liquidate the unfunded accrued liability over a closed period of 30 years ending on June 30, 2038, provided that:
      1. From July 1, 2009 to June 30, 2019, the amount of each annual basic accrued liability contribution shall be determined by amortization of the unfunded liability over the remainder of the closed 30-year period in installments increasing at a rate of five percent per year.
      2. Beginning on July 1, 2019 and annually thereafter, the amount of each annual basic accrued liability contribution shall be determined by amortization of the unfunded liability over the remainder of the closed 30-year period in installments increasing at a rate of three percent per year.
      3. Any variation in the contribution of normal, basic, unfunded accrued liability or additional unfunded accrued liability contributions from those recommended by the actuary and any actuarial gains and losses shall be added or subtracted to the unfunded accrued liability and amortized over the remainder of the closed 30-year period.
    5. -(7) [Repealed.]
  4. Contributions of State.  As provided by law, the Retirement Board shall certify to the Governor or Governor-Elect a statement of the percentage of the payroll of all members sufficient to pay for all operating expenses of the Vermont State Retirement System and all contributions of the State that will become due and payable during the next biennium. The contributions of the State shall be charged to the departmental appropriation from which members' salaries are paid and shall be included in each departmental budgetary request.
  5. [Repealed.]
  6. Contributions paid by State.  Notwithstanding the provisions of subdivision (b)(2) of this section to the contrary and pursuant to the provisions of Section 414(h) of the Internal Revenue Code, the State shall pick up and pay the contributions required to be paid by members with respect to service rendered on and after March 1, 1998. Contributions picked up by the State shall be designated for all purposes as member contributions, except that they shall be treated as State contributions in determining tax treatment of a distribution. Each member's compensation shall be reduced by an amount equal to the amount picked up by the State. This reduction, however, shall not be used to determine annual earnable compensation for purposes of determining average final compensation. Contributions picked up under this subsection shall be credited to the Fund. To ensure that the provisions of this subsection are cost neutral to the State, the contributions rates established under subdivision 473(b)(2) of this title shall be increased by one-tenth of one percent of compensation.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41 , §§ 17-19, 39(1); 1989, No. 78 , § 7; 1989, No. 277 (Adj. Sess.), §§ 17r, 17w(a), eff. Jan. 1, 1991; 1993, No. 33 , § 5; 1997, No. 68 (Adj. Sess.), § 7, eff. March 1, 1998; 1997, No. 89 (Adj. Sess.), § 10; 1997, No. 89 (Adj. Sess.), § 13, eff. April 13, 1998; 1999, No. 158 (Adj. Sess.), § 19; 2003, No. 122 (Adj. Sess.), § 297h; 2005, No. 215 (Adj. Sess.), § 277a; 2007, No. 12 , § 1; 2007, No. 13 , § 11; 2007, No. 116 (Adj. Sess.), §§ 4, 5; 2009, No. 24 , § 4a; 2011, No. 63 , § H.4; 2015, No. 114 (Adj. Sess.), § 4; 2015, No. 172 (Adj. Sess.), § E.133.1; 2017, No. 74 , § 2.

History

Reference in text. Section 414(h) of the Internal Revenue Code is codified as 26 U.S.C. § 414(h).

2018. In subdiv. (b)(1), in the fourth sentence, inserted "Group" preceding "D members" to conform to the defined term.

Amendments--2017. Subsec. (a): Inserted "Assets." at the beginning.

Amendments--2015 (Adj. Sess.). Subdiv. (b)(2): Amended generally by Act No. 114.

Subdiv. (c)(4): Amended generally by Act No. 172.

Amendments--2011. Subdivision (b)(2): Substituted "6.3" for "five" preceding "percent" the first time it appears, "for each group A, D, and F member and" for "except" following "compensation", "8.18" for "6.18" preceding "percent"; deleted the language beginning "unless the member was a group C member" and ending with "4.75 percent of compensation of each group F member"; and added the present second through fourth sentences.

Amendments--2009. Subdivision (c)(4): Deleted the subdiv. (A) designation, "excluding the portion described in subdivision (B) of this subdivision (4)" following "liability"; substituted "2008" for "1988" following "July 1" and "2009" for "1988" following "June 30", and deleted subdiv. (B).

Amendments--2007 (Adj. Sess.) Subdivision (b)(2): Substituted "five percent" for "3.25 percent" and added "and, commencing July 1, 2019, at the rate of 4.75 percent of compensation for each group F member", and made minor stylistic and gender neutral changes throughout the first sentence.

Subdivision (c)(2): Inserted "basic" preceding "accrued liability" and added "and 'additional accrued liability' contributions" in the second sentence, and made minor grammatical changes throughout the paragraph.

Subdivision (c)(4): Amended generally.

Amendments--2007. Subsection (a): Deleted "List of funds" at the beginning of the subsection and substituted "to the Vermont state retirement fund" for "according to the purpose for which they are held, among three funds: namely, the annuity savings fund, the pension accumulation fund, and the expense fund".

Subsection (b): Substituted "Member contributions" for "Annuity savings fund".

Subdivision (b)(1): Substituted "Contributions" for "The annuity savings fund shall be the fund in which shall be accumulated contributions" and "member contributions" for "amounts"; deleted "the annuity savings fund of" preceding "the predecessor" and inserted "shall be accumulated in the fund and separately recorded for each member" following "systems".

Subdivision (b)(2): Act 12 substituted "6.88" for "6.18" preceding "percent", "the" for "such" preceding "member" twice, deleted "such" preceding "group C" and inserted "or her" following "his" in the first sentence.

Subdivision (b)(2): Act 13 deleted "annuity savings" preceding "fund" near the end of the third sentence.

Subdivision (b)(4): Deleted "annuity savings" preceding "fund" in the first sentence and substituted "the member's" for "his" preceding "accumulated" near the end of the second sentence.

Subdivision (b)(5): Deleted "annuity savings" preceding "fund" at the end of the first sentence and deleted the former second sentence.

Subsection (c): Substituted "Employer contributions, earnings, and payments" for "Pension accumulation fund".

Subdivision (c)(1): Substituted "Employer contributions and the" for "The pension accumulation fund shall be the fund in which shall be accumulated all" and "assets" for "funds"; inserted "shall be accumulated in the fund" following "system"; deleted "from which shall be paid" preceding "all benefits"; substituted "and the expenses of the system shall be paid from the" for "other than those payable from the annuity savings"; deleted "annuity savings" preceding "fund" and substituted "which shall be credited to each member's account within the fund" for "and shall transfer such amounts from the pension accumulation fund".

Subdivision (c)(2): Deleted "pension accumulation" preceding "fund" in the first and second sentences.

Subdivision (c)(3): Substituted "fund" for "funds" near the end of the subdivision.

Subsection (d): Substituted "pay for" for "fund" in the first sentence.

Subsection (f): Deleted "annuity savings" preceding "fund" in the fifth sentence and substituted "subdivision" for "section" preceding "473(b)(2)" in the sixth sentence.

Amendments--2005 (Adj. Sess.). Subdivision (c)(2): Substituted "2006" for "1981" following "June 30"; deleted "cost with frozen initial liability" following "normal" and substituted "percentage rate" for "rates percent" preceding "of such contributions".

Subdivision (c)(4): Amended generally.

Amendments--2003 (Adj. Sess.). Subdivision (c)(5): Repealed.

Amendments--1999 (Adj. Sess.) Subdivision (b)(2): Substituted "3.25 percent" for "two and three-quarter percent" in the first sentence.

Amendments--1997 (Adj. Sess.). Subsection (b): Act No. 89 added "member who were members as of the date of establishment" in the fourth sentence of subdiv. (1), added "at a rate of 6.18 percent of compensation for each group C member unless such member was a group C member on June 30, 1998 in which case contributions shall be" and "or at the rate of five percent of compensation if such member elected to have compensation from the state subject to Social Security withholding" and made a minor change in phraseology in subdiv. (2), and deleted group B from the groups listed in subdiv. (6).

Subsection (f): Added by Act No. 68.

Act No. 89 substituted "March 1, 1998" for "January 1, 1998" in the first sentence.

Amendments--1993. Subdivision (b)(6): Deleted "and" preceding "group D" and inserted "and group F" thereafter.

Amendments--1989 (Adj. Sess.). Subdivision (b)(2): Inserted "and at the rate of two and three-quarter percent of compensation for each group F member" following "withholding" in the first sentence.

Subdivision (b)(7): Repealed.

Amendments--1989. Subdivision (c)(4): Substituted "1988" for "1982" following "June 30" and following "July 1" in the first sentence and following "adjusted after" in the second sentence.

Amendments--1981. Subdivision (b)(6): Added.

Subdivision (b)(7): Added.

Subsection (c): Amended generally.

Subsection (d): Amended generally.

Subsection (e): Repealed.

Rate of contribution for group F members. 1989, No. 277 (Adj. Sess.), § 17v(d), eff. Jan. 1, 1991, as amended by 1991, No. 64 , § 9, eff. June 18, 1991, provided:

"Notwithstanding the provisions of subdivision (2) of section 473 of Title 3, relating to the rate of contribution for group F members, group F members shall contribute at the following rates:

"(A) In calendar year 1991 - .55%

"(B) In calendar year 1992 - 1.10%

"(C) In calendar year 1993 - 1.65%

"(D) In calendar year 1994 - 2.20%

"(E) In calendar year 1995 - 2.75%".

Merger of groups B and C. See note set out under 3 V.S.A. § 455.

§ 473a. Periodic actuarial reports.

The Board shall cause to be made an actuarial reevaluation of the rate of member contributions deducted from earnable compensation pursuant to subdivision 473(b)(2) of this title, on a periodic basis at least every three years, to determine whether the amount deducted is necessary to make the contributions picked up and paid by the State for such members cost neutral to the General Fund. The actuarial reevaluation shall consider all relevant factors, including federal tax law changes. The Board shall report the results of the actuarial reevaluation to the General Assembly together with any recommendations for adjustment in the members' contribution rate under subdivision 473(b)(2) of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.

Added 1997, No. 68 (Adj. Sess.), § 8, eff. March 1, 1998; amended 2013, No. 142 (Adj. Sess.), § 9.

History

Amendments--2013 (Adj. Sess.). Added the fourth sentence.

Vermont municipal employees' retirement board; benefit increases. 2001, No. 116 (Adj. Sess.), § 11b, provides: "The Vermont municipal employees' retirement board is authorized to implement increases in retired members' benefits, effective January 1, 2003, that are equal to the aggregate percentage increase in the accrued benefits of active members of the system as of July 1, 2002, resulting from the increase in the accrual rate for group A service earned through June 30, 1987, to 1.4 percent of average final compensation. The increases granted shall reflect retired members' periods of contributory service through June 30, 1987. The board shall determine the method in which this increase is implemented".

§ 474. Predecessor systems.

Any beneficiary of a predecessor system who is in receipt of a benefit on the date of establishment shall become a beneficiary hereunder and shall continue to receive the benefit being paid from the Fund of this System, under the conditions of the predecessor system as in effect at the time of the member's retirement, subject to such adjustment as provided for in section 470 of this title. Any former member of a predecessor system who, upon termination of service, was eligible for a deferred benefit under the provisions of that System, the payment of which has not commenced as of the date of establishment, shall continue to be so eligible, and shall receive such benefit from the System subject to the conditions of the predecessor system as in effect at the time the member's service was terminated. The cash and securities to the credit of the predecessor systems on the date of establishment shall be transferred to this Retirement System, the amount of each member's accumulated contributions included in such transfer shall be credited to the member's individual account in the fund to become a part of the member's accumulated contributions, and the balance shall be credited to the Fund.

Added 1971, No. 231 (Adj. Sess.), § 4; amended 2007, No. 13 , § 12.

History

Amendments--2007. Deleted "appropriate" preceding "fund" in the first sentence; deleted "annuity savings" preceding "fund" and "pension accumulation" preceding "fund" in the third sentence.

§ 475. Errors.

Should any change or error in the records result in any member or beneficiary receiving from the Retirement System more or less than he or she would have been entitled to receive had the records been correct, the Retirement Board shall have the power to correct such error, and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid or in such a manner that the impact upon the Fund is de minimis.

Added 1971, No. 231 (Adj. Sess.), § 4; amended 2017, No. 165 (Adj. Sess.), § 5.

History

Amendments--2017 (Adj. Sess.). Inserted "or in such a manner that the impact upon the fund is de minimis" following "paid".

§ 476. Exemption of member's interest; assignment.

A member's annuity, pension, or retirement allowance under this subchapter and the member's assets in the Retirement System, shall not be exempt from taxation, including income tax, but shall be exempt from the operation of any laws relating to bankruptcy or insolvency and shall not be attached or taken upon execution or other process of any court. No assignment by a member of any part of such assets to which the member is or may be entitled, or of any interest in such assets, shall be valid, except to the extent permitted by this subchapter.

Added 1971, No. 231 (Adj. Sess.). § 4; amended 1973, No. 117 , § 12; 2007, No. 13 , § 13.

History

Amendments--2007. Substituted "the member's assets" for "his funds", "assets" for "funds" in two places and "the member" for "he".

Amendments--1973. Amended section generally.

ANNOTATIONS

1. Interest of debtor in bankruptcy.

Pursuant to this section, the participation interest in the state retirement system of a debtor in bankruptcy is not an interest in property and thus is not subject to inclusion in the debtor's estate under 11 U.S.C. § 541. In re Sheridan, 38 B.R. 52 (Bankr. D. Vt. 1983).

§ 476a. Alternate payee; domestic relations orders.

  1. As used in this section:
    1. "Alternate payee" means any individual who is recognized by a domestic relations order as having a right to receive all, or a portion of, another individual's payment rights in the Retirement System.
    2. "Domestic relations order" means a judgment, decree, or order of the Family Division of the Superior Court issued pursuant to 4 V.S.A. chapter 10, concerning marital property rights that includes a transfer of all, or a portion of, a member's or beneficiary's payment rights in the Retirement System to an alternate payee. It also means a judgment, decree, or order from a court of competent jurisdiction in another state, concerning marital property rights that includes a transfer of all, or a portion of, a member's or beneficiary's payment rights in the Retirement System to an alternate payee. Domestic relations orders shall conform to the requirements of this section in order to be effective. A domestic relations order does not take effect until it is served on the Retirement System by certified or registered mail, return receipt requested. In the event that there is more than one domestic relations order, the order which is most recent in time and which has been served on the Retirement System will control.
  2. A member's or beneficiary's rights in the Retirement System may be modified by a domestic relations order as provided in this section.
  3. A domestic relations order shall contain all of the following elements:
    1. the identity of the member or beneficiary and the alternate payee by full name, current address, and Social Security number;
    2. the amount or percentage of the member's or beneficiary's benefits to be paid by the Board to the alternate payee and the date or dates upon which the calculation of payments is to be based;
    3. the number of payments or time period in which payments are required to be made under the domestic relations order;
    4. each retirement plan to which the domestic relations order applies.
  4. A domestic relations order shall not provide:
    1. for a type or form of benefit, option, or payment not available to the affected member or beneficiary;
    2. for an amount or duration of payment greater than that available to the affected member or beneficiary;
    3. that payment of a retirement allowance commence before the member departs from service and commences to receive benefits;
    4. withdrawal of the member's contributions without the consent of the member and the alternate payee;
    5. any requirements that are contrary to the intent of this section.
  5. A domestic relations order may provide for apportionment of post-retirement adjustments to the retirement allowance.
  6. Payments to the alternate payee under a domestic relations order shall be limited to the life of the member or beneficiary.
  7. An alternate payee's rights and interests under this section shall not survive the alternate payee's death and shall not be transferable by inheritance.
  8. An alternate payee's rights or interests acquired pursuant to this section are not subject to assignment, execution, garnishment, attachment, or other process. An alternate payee's rights or interests may be modified only by a domestic relations order amending the domestic relations order that established the right or interest.
  9. The Board, the Retirement System, its agents and employees shall not be liable to any person for carrying out the terms and conditions of a domestic relations order.
  10. The Board may adopt rules to implement this section.

    Added 1995, No. 36 , § 2; amended 2009, No. 154 (Adj. Sess.), § 238.

History

Amendments--2009 (Adj. Sess.) Subdivisions (a)(2): Pursuant to the general amendment in Act 154, § 238(c), substituted "family division of the superior court" for "family court".

§ 477. Prior service credit.

An employee who has ceased being a member upon reemployment is entitled to prior service credit upon depositing in the Fund the contributions which would have been deducted from the employee's compensation had he or she remained a member with interest as set forth in section 473 of this title. The employee in order to qualify for the prior service credit must also deposit in the Fund a sum equal to the contributions which would have been contributed by the State had the employee remained a member with interest as set forth in section 473 of this title.

Added 1971, No. 231 (Adj. Sess.), § 4; amended 2007, No. 13 , § 14.

History

Amendments--2007. Deleted "annuity savings" preceding "fund"; substituted "the employee's" for "his" and inserted "or she" following "he" in the first sentence and deleted "pension accumulation" preceding "fund" in the second sentence.

§ 477a. Elections.

  1. Any member who has rendered 15 years of creditable service and who has, prior to becoming a member of the System, served a minimum of one full year of full-time service in the military or one full year of full-time service as a member of the Cadet Nurse Corps in World War II, the Peace Corps, VISTA, or AmeriCorps for which the member has derived no military pension benefits, may elect to have included in the member's creditable service all or any part of the member's military, Cadet Nurse Corps, Peace Corps, VISTA, or AmeriCorps service not exceeding five years. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System's actuary to be cost neutral to the System. Notwithstanding the provisions of this subsection, any member shall, upon application, be granted up to three years of credit for military service during the periods June 25, 1950, through January 31, 1955, February 28, 1961, through August 4, 1964, if service was performed in what is now the Republic of Vietnam, and August 5, 1964, through May 7, 1975, and shall not be required to make a contribution, provided the member has rendered 15 years of creditable service and, prior to becoming a member, served a minimum of one full year of full-time service in the military for which he or she has derived no military pension benefits. The provisions of this subsection shall also be available to State employees who are not members of the classified system and who elect to participate in the defined Contribution Retirement Plan under chapter 16A of this title. Notwithstanding the foregoing, in the event of a conflict between the provisions of this subsection and the provisions of 10 U.S.C. § 12736 concerning the counting of the same full-time military service toward both military and State pensions, the provisions of the U. S. Code shall control.
  2. Any member who rendered service in the capacity of an employee for another state, as defined by the Board, may elect to have included in the member's creditable service, all or part of any period of such service. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System's actuary to be cost neutral to the System.
  3. Any member may elect to have included in the member's creditable service, years of service as a municipal employee or as a teacher in a public or private school, as defined by the Board. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System's actuary to be cost neutral to the System. No application for credit under this subsection shall be granted if at the time of application, the member has a vested right to retirement benefits in another Retirement System based upon that service.
  4. Any member may elect to have included in the member's creditable service all or any part of the member's service as a permanent State employee for which the member received no credit. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System's actuary to be cost neutral to the System. Any group F member may elect to increase his or her retirement allowance for years of service as a group E member prior to January 1, 1991, for 1-1/4 percent of average final compensation to 1-2/3 percent of average final compensation. A member making an election under this subdivision shall deposit in the Annuity Savings Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to 1-2/3 percent of the member's average final compensation multiplied by the number of years of service for which the member elects to increase his or her retirement allowance. Any group F member who is actively employed on June 30, 2007, and who was a member of the group B plan prior to June 30, 1998, may elect to convert some or all of his or her group B service to group C service. A member making an election to convert shall deposit in the Fund by a single contribution an amount computed by the actuary to pay for the additional liability incurred by the increase in benefits between the group B and the group C plan multiplied by the number of years of service which the member elects to convert.
  5. Notwithstanding any provision to the contrary and except for credit elected under subsection (a) of this section, a member may not elect more than a total of 10 years of creditable service under the provisions of this section, except that there shall be no limit to years of service in group E being converted under subsection (d) of this section.
  6. Any time a member is required to make a single contribution in connection with an election under this section, a member may, with the approval of the Board, contribute over a maximum of five years in installments of equal value. Those contributions shall become a part of the member's accumulated contribution and shall be treated for all purposes in the same manner as the contributions made under section 473 of this title. Any member who retires before completing payment as approved by the Board for the purchase of service under this section shall receive pro rata credit for service purchased before the date of retirement, but if the member so elects at the time of retirement, the member may pay as much in a single sum as is necessary to provide full credit at that time.
  7. Notwithstanding any provision of this section, no non-Vermont state employment credit elected under this section shall be considered as creditable service for purposes of attaining five years' vesting required for retirement allowance eligibility.
  8. When a member has a minimum of 25 years of creditable service, he or she may elect to purchase up to five years of additional service credit. A member who makes an election under this subsection shall deposit in the fund by a single contribution, an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to 1-2/3 percent of the member's average final compensation multiplied by the number of years purchased.

    Added 1989, No. 169 (Adj. Sess.), § 15; 1989, No. 277 (Adj. Sess.), § 17s, eff. Jan. 1, 1991; amended 1991, No. 64 , §§ 4, 5, eff. June 18, 1991; 1999, No. 53 , §§ 4a, 4b; 1999, No. 158 (Adj. Sess.), §§ 2, 4; 2001, No. 29 , § 2; 2005, No. 163 (Adj. Sess.), § 2; 2007, No. 12 , § 1a; 2007, No. 13 , § 15; 2015, No. 18 , § 3.

History

Amendments--2015. Subsection (a): Inserted "or AmeriCorps" following "VISTA" in two places.

Amendments--2007. Subsections (a)-(d), (h): Act 13 deleted "annuity savings" preceding "fund".

Subsection (d): Act 12 added the fifth and sentences.

Subsection (f): Act 13 inserted "over a maximum of five years" following "contribute" in the first sentence.

Amendments--2005 (Adj. Sess.). Subsection (a): Added "February 28, 1961 through August 4, 1964 if service was performed in what is now the Republic of Vietnam" in the middle of the third sentence.

Amendments--2001. Added the fifth sentence in subsection (a).

Amendments--1999 (Adj. Sess.) Subsection (a): Substituted "five years" for "three years" at the end of the first sentence and added the last sentence.

Subsection (h): Added.

Amendments--1999. Subsection (a): Added the third sentence.

Subsection (c): Inserted "a municipal employee or as" preceding "a teacher" in the first sentence.

Amendments--1991. Subsection (d): Added the third and fourth sentences.

Subsection (e): Added "except that there shall be no limit to years of service in group E being converted under subsection (d) of this section" following "provisions of this section".

Subsection (g): Added.

Supersession of 1989, No. 169 (Adj. Sess.) enactment of section. 1989, No. 277 (Adj. Sess.), § 17w(b), eff. Jan. 1, 1991, provided that the provisions of section 17s of the act, which added this section, shall supersede the provisions of 1989, No. 169 (Adj. Sess.), § 15, which added this section.

§ 478. Repealed. 1989, No. 277 (Adj. Sess.), § 17w(a), eff. Jan. 1, 1991.

History

Former § 478. Former § 478, relating to election to group E membership, was derived from 1981, No. 41 , § 20.

§ 479. Group insurance.

  1. As provided under section 631 of this title, a member who is insured by the respective group insurance plans immediately preceding the member's effective date of retirement shall be entitled to continuation of group insurance as follows:
      1. coverage in the group medical benefit plan provided by the State of Vermont for active State employees; or (1) (A) coverage in the group medical benefit plan provided by the State of Vermont for active State employees; or
      2. for a Group F plan member first included in the membership of the system on or after July 1, 2008, coverage in the group medical benefit plan offered by the State of Vermont for active State employees and pursuant to the following, provided:
        1. a member who has completed five years and less than 10 years of creditable service at his or her retirement shall pay the full cost of the premium;
        2. a member who has completed 10 years and less than 15 years of creditable service at his or her retirement shall pay 60 percent of the cost of the premium;
        3. a member who has completed 15 years and less than 20 years of creditable service at his or her retirement shall pay 40 percent of the cost of the premium;
        4. a member who has completed 20 years or more of creditable service at his or her retirement shall pay 20 percent of the cost of the premium; and
    1. members who have completed 20 years of creditable service at their effective date of retirement shall be entitled to the continuation of life insurance in the amount of $10,000.00.
  2. As of July 1, 2007, members of the Group C plan who separate from service prior to being eligible for retirement benefits under this chapter, who have at least 20 years of creditable service, and who participated in the group medical benefit plan at the time of separation from service shall have a one-time option at the time retirement benefits commence to participate in the group medical benefit plan provided by the State of Vermont for active State employees. Premiums for the plan shall be prorated between the retired member and the Retirement System pursuant to section 631 of this title.
  3. Premiums for coverage of retired members of the Group C plan and their dependents in the group medical benefit plan shall be prorated on the same basis as is provided for active employees by the current collective bargaining agreement for the nonmanagement unit. The amounts designated as the State's share of premium for the medical benefit plan and the total premium for group life insurance provided under subdivision (a)(2) of this section shall be paid by the Fund as an operating expense in accordance with subsection 473(d) of this title.
  4. After January 1, 2007, the State Treasurer may offer and administer a dental benefit plan for retired members, beneficiaries, eligible dependents, and eligible retirees of special affiliated groups and the dependents of members of those groups who are eligible for coverage in the State Employee Group Medical Benefit Plan. The Plan shall be separate and apart from any dental benefit plan offered to Vermont State employees. The original plan of benefits, and any changes thereto, shall be determined by the State Treasurer with due consideration of recommendations from the Retired Employees' Committee on Insurance established in section 636 of this title.
    1. For purposes of dental benefits, "retired members" shall include retired employees of the State who are receiving a retirement allowance from the Vermont State Retirement System. In addition, "retired members" shall include retired employees who are receiving a retirement allowance based upon their employment with the Vermont State Employees' Association, the Vermont State Employees' Credit Union, and the Vermont Council on the Arts, as long as they were covered under a group dental plan as active employees on their retirement date, and:
      1. they have at least 20 years' service with that employer; or
      2. have attained 62 years of age, and have at least 15 years' service with that employer.
    2. One hundred percent of the premiums for providing dental benefit coverage to retired members, beneficiaries, and eligible dependents shall be paid in full by retired members and beneficiaries and shall be deducted from each member's retirement allowance each month. Nothing in this subdivision creates a legal obligation on the part of the State to pay any portion of the premiums required to provide dental benefit coverage to retired members, dependents, beneficiaries, or other eligible participants.
    3. Dependent eligibility shall be determined in the manner applied to determinations for coverage in the State Employee Medical Benefit Plan.
    4. [Repealed.]
  5. As of January 1, 2007, and thereafter, upon retirement, members entitled to prorated group medical benefit plan premium payments from the Retirement System under the terms of this section shall have a one-time option to reduce the percentage of premium payments from the Retirement System during the member's life, with the provision that the Fund shall continue making an equal percentage of premium payments after the member's death for the life of the dependent beneficiary nominated by the member under section 468 of this title, should such dependent beneficiary survive the member. The Retirement Board, after consultation with its actuary, shall establish reduced premium payment percentages that are as cost neutral to the Fund as possible.
  6. [Repealed.]
  7. A member of the Group F plan who is first included in the membership of the System on or after July 1, 2008, who separates from service prior to being eligible for retirement benefits under this chapter, who has at least 20 years of creditable service, and who participated in the group medical benefit plan at the time of separation from service shall have a one-time option at the time retirement benefits commence to reinstate the same level of coverage, in the group medical benefit plan provided by the State of Vermont for active State employees, that existed at the date of separation from service. Premiums for the plan shall be prorated between the retired member and the Retirement System pursuant to subsection 479(a) of this title.
  8. For purposes of entitlement to medical benefits in retirement, former county court employees hired by the counties to court positions on or before June 30, 2008 who became State employees on February 1, 2011 pursuant to 2010 Acts and Resolves No. 154 shall be deemed to have been first included in membership of the system on or before June 30, 2008.

    Added 1981, No. 249 (Adj. Sess.), § 30b, eff. July 4, 1982; amended 2003, No. 156 (Adj. Sess.), § 13; 2005, No. 163 (Adj. Sess.), § 3; 2005, No. 165 (Adj. Sess.), § 2; 2007, No. 12 , § 2; 2007, No. 13 , § 15a; 2007, No. 116 (Adj. Sess.), § 6; 2011, No.1, § 1, eff. Feb. 2, 2011; 2013, No. 22 , § 5; 2015, No. 18 , § 4; 2017, No. 165 (Adj. Sess.), § 6.

History

2007. Subsection (e), as added by 2007, Act 13, § 15a, was redesignated as subsection (f) to avoid conflict with subdivision (e) as designated by 2007, No. 12 , § 2.

2006. Subsection (c) as added by 2005, No. 165 (Adj. Sess.), § 2 was redesignated as subsection (d) to avoid conflict with subsection (c) as added by 2005, No. 163 (Adj. Sess.), § 3.

Amendments--2017 (Adj. Sess.). Subsec. (f): Repealed.

Amendments--2015. Subsection (f): Added the last sentence.

Amendments--2013. Subdivision (d)(4): Repealed.

Amendments--2011. Subsection (h): Added.

Amendments--2007 (Adj. Sess.) Rewrote subdiv. (a)(1), substituted "$10,000.00" for "$5,000.00" in subdiv. (a)(2), and added subsec. (g).

Amendments--2007. Added present subsec. (b); redesignated former subsecs. (b) through (d) as present subsecs. (c) through (e); inserted "of the group C plan" following "members" and "of this section" following "subdivision (a)(2)" in subsec. (c).

Subsection (f): Added.

Amendments--2005 (Adj. Sess.). Subsection (c): Added by Act Nos. 163 and 165.

Amendments--2003 (Adj. Sess.). Subsection (a): Substituted "the member's" for "his" preceding "effective date of retirement".

Subdivision (a)(2): Substituted "$5,000.00" for "$3,000.00".

§ 479a. State Employees' Postemployment Benefits Trust Fund.

  1. A "State Employees' Postemployment Benefits Trust Fund" (Benefits Fund) is hereby created for the purpose of accumulating and providing reserves to support retiree postemployment benefits for members, and to make distributions from the Benefits Fund for current and future postemployment benefits for retirees of the Vermont State Employees' Retirement System, excluding pensions and benefits otherwise appropriated by statute and for the payment of reasonable and proper expenses of administering the Benefits Fund and related benefit plans. The Benefits Fund shall not be part of the Retirement System but is intended to comply with and be a tax-exempt governmental trust under Section 115 of the Internal Revenue Code of 1986, as amended.
  2. Into the Benefits Fund shall be deposited:
    1. all assets remitted to the State as a subsidy on behalf of the members of the Vermont State Employees' Retirement System for employer-sponsored qualified prescription drug plans pursuant to the Medicare Prescription Drug Improvement and Modernization Act of 2003, except that any subsidy received from an Employer Group Waiver Program is not subject to this requirement;
    2. any appropriations by the General Assembly for the purposes of paying current and future retiree postemployment benefits for members of the Vermont State Employees' Retirement System; and
    3. amounts contributed or otherwise made available by members of the System or their beneficiaries for the purpose of paying current or future postemployment benefits costs.
  3. The Benefits Fund shall be administered by the State Treasurer. The Treasurer may invest monies in the Benefits Fund in accordance with the provisions of 32 V.S.A. § 434 or, in the alternative, may enter into an agreement with the Committee to invest such monies in accordance with the standards of care established by the prudent investor rule under 14A V.S.A. § 902, in a manner similar to the Committee's investment of retirements system monies. All balances in the Benefits Fund at the end of the fiscal year shall be carried forward. Interest earned shall remain in the Benefits Fund. The Treasurer's annual financial report to the Governor and the General Assembly shall contain an accounting of receipts, disbursements, and earnings of the Benefits Fund.
  4. All funds of the Benefits Fund shall be held in one or more trusts, custodial accounts treated as trusts, or a combination thereof. Contributions to the Benefits Fund shall be irrevocable, and it shall be impossible at any time prior to the satisfaction of all liabilities, with respect to employees and their beneficiaries, for any part of the corpus or income of the Benefits Fund to be used for or diverted to purposes other than the payment of retiree postemployment benefits to members and their beneficiaries and reasonable expenses of administering the Benefits Fund and related benefit plans.

    Added 2005, No. 215 (Adj. Sess.), § 278; amended 2007, No. 13 , § 16; 2009, No. 24 , § 4b; 2013, No. 179 (Adj. Sess.), § E.133.1; 2019, No. 120 (Adj. Sess.), § A.12, eff. June 30, 2020.

History

Reference in text. Section 115 of the Internal Revenue Code of 1986, referred to in subsection (a), is codified as 26 U.S.C. § 115.

The Medicare Prescription Drug, Improvement and Modernization Act of 2003, referred to in subdivision (b)(1), is codified as 42 U.S.C. § 1395 et seq. and 42 C.F.R. § 418.3001 et seq.

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--2013 (Adj. Sess.). Subdivision (b)(1): Inserted ", except that any subsidy received from an Employer Group Waiver program is not subject to this requirement" at the end of the sentence.

Amendments--2009. Catchline: Substituted "trust" for "pension" preceding "fund".

Subsection (a): Substituted "A" for "An irrevocable"; deleted "pension" following "benefits"; inserted "and to make distributions from the fund for current and future postemployment benefits for retirees" following "members" and "and for the payment of reasonable and proper expenses of administering the fund and related benefit plans. The fund shall not be part of the retirement system, but is intended to comply with and be a tax exempt governmental trust under Section 115 of the Internal Revenue Code of 1986, as amended" following "statute".

Subdivision (b)(2): Substituted "for the purposes of paying current and future" for "to pay toward" preceding "retiree".

Subdivision (b)(3): Added.

Subsection (c): Deleted "pension" preceding "trust" throughout the subsection.

Subsection (d): Added.

Amendments--2007. Subsection (a): Substituted "support" for "fund".

Subsection (b): Inserted "state employees' postemployment benefits pension trust" preceding "fund".

Subdivision (b)(1): Substituted "assets" for "fund".

Subdivision (b)(2): Substituted "pay toward" for "fund".

Subsection (c): Substituted "state employees' postemployment benefits pension" for "pension" in the first sentence and "inserted "state employees' postemployment benefits pension trust" preceding "fund" in the second through fifth sentences.

§ 480. Repealed. 2013, No. 22, § 17.

History

Former § 480. Former § 480, relating to group B members and withdrawal of contributions, was derived from 1985, No. 39 , § 2.

§ 480a. Group A members; limit on contributions.

Contributions in the form of a deduction from compensation under section 473 of this title shall cease for any group A member who attains 25 years of creditable service and the member shall continue to accrue creditable service, without such a contribution, at the rate of 1 2 / 3 percent until the member retires. Any group A member in service on January 1, 1991 who, as of that date, has made contributions for more than 25 years but less than 30 years shall, upon normal retirement, be granted up to five years of additional creditable service at the rate of 1 2 / 3 percent for each year or part of a year in which contributions were made in excess of 25 years. Any group A member in service on January 1, 1991 who, as of that date, has made contributions for more than 30 years shall, upon normal retirement, receive credit for contributions in excess of 25 years and in addition shall be granted, upon normal retirement, five years of additional creditable service at the rate of 1 2 / 3 percent.

Added 1989, No. 277 (Adj. Sess.), § 17t, eff. Jan. 1, 1991.

§ 480b. Repealed. 2013, No. 22, § 17.

History

Former § 480b. Former § 480b, relating to election to group E membership, was derived from 1989, No. 277 (Adj. Sess.), § 17u.

Subchapter 2. Employees of Political Subdivisions

§ 481. Definitions.

The following words and phrases as used in this subchapter, unless a different meaning is plainly required by the context, shall have the following meanings:

  1. "Employee" shall mean any regular officer or employee who is employed for not less than 40 calendar weeks in a year, other than a person engaged under retainer or special agreement. In all cases of doubt, the Retirement Board shall determine whether any person is an employee as defined in this subchapter.
  2. "National Guard employees" shall mean employees of the Vermont National Guard hired under 32 U.S.C. § 709.
  3. "Employer" shall mean any political subdivision of the State of Vermont and the Vermont National Guard as to employees thereof hired under 32 U.S.C. § 709.
  4. "Governing board" shall mean the governing body, by whatever name known, of such employer.
  5. "Local retirement fund" shall mean any retirement, pension, or benefit fund partially or wholly maintained at the expense of an employer.
  6. "Retirement Board" shall mean the Retirement Board of the State Retirement System.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1973, No. 251 (Adj. Sess.), § 1; 2013, No. 22 , § 6.

History

Amendments--2013. Subdivision (1): Substituted "40" for "forty" preceding "calendar" and deleted ", but shall not include members of the state teachers' retirement system, municipal employees' retirement system, or any other retirement system to which any contributions are made by the state or its political subdivisions" following "agreement".

Amendments--1973 (Adj. Sess.). Subdivision (1): Deleted "of an employer" preceding "who is" and added "municipal employees' retirement system" preceding "or any" in the first sentence.

§ 482. Participation by local governments; election by employer.

  1. Any governing board of an employer which elected to have its eligible employees participate in the Vermont State Retirement System shall, by virtue of said election, have its eligible employees participate in the Vermont State Retirement System. Any members of the Vermont Employees' Retirement System, in the employ of such employer, shall have the shares credited on their account to the various funds of that Retirement System transferred to the Fund of the Vermont State Retirement System, in accordance with the provisions of section 473 of this title. Thereafter, all contributions on behalf of such members shall be made by such employer and member to the Vermont State Retirement System for deposit in the Fund.
  2. Membership of National Guard employees will commence effective the first day of the first pay period for which the federal government makes the required employer contribution, and will end on the failure of the federal government to make such contribution. Membership and benefits for this class of employee shall be a contributory money purchase type on such terms as are mutually agreed by the representatives of the federal government, national guard technicians of the State of Vermont and the trustees of the Vermont State Retirement System.  The employee contribution shall be not less than the percentage contributed by the federal government.
  3. All National Guard employees who became members of the Vermont Employees' Retirement System pursuant to section 432 of this title and who, on the date of establishment, were members of that System shall become and continue to be members of the Vermont State Retirement System until the failure of the federal government to make contributions on their account. All shares credited to the Vermont Employees' Retirement System on account of such National Guard employees shall be transferred to the fund of the Vermont State Retirement System, in accordance with the provisions of section 473 of this title. Thereafter all contributions on behalf of such members shall be made by the federal government and the member to the Vermont State Retirement System for deposit in the Fund.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1973, No. 251 (Adj. Sess.), § 2; 2007, No. 13 , § 17.

History

Reference in text. Section 432 of this title, referred to in the first sentence of subsec. (c), was repealed by 1971, No. 231 (Adj. Sess.), § 5.

Amendments--2007. Subsection (a): Deleted "either" following "transferred to" and "annuity savings fund or the pension accumulation" preceding "fund" in the second sentence and inserted "for deposit in the fund" following "system" at the end of the third sentence.

Subsection (c): Deleted "various funds of the" preceding "Vermont", "either" following "transferred to" and "annuity savings fund or the pension accumulation" preceding "fund" in the second sentence and inserted "for deposit in the fund" following "system" at the end of the third sentence.

Amendments--1973 (Adj. Sess.). Subsection (a): Redesignated former subsec. (b) as subsec. (a) and rewrote the first sentence.

Subsection (b): Redesignated former subsec. (c) as subsec. (b).

Subsection (c): Redesignated former subsec. (d) as subsec. (c).

§ 483. Petition by employees; transfer of assets.

  1. Should a majority of the members of any local retirement fund elect to become members of the Vermont State Retirement System, by a petition duly signed by such members, the participation of such members in the Vermont State Retirement System may be effected as provided in section 482 of this title as though such local retirement fund were not in operation and the provisions of this section shall thereupon apply, except that the existing pensioners or annuitants of the local retirement fund who were being paid benefits on the date such participation in the Vermont State Retirement System becomes effective shall be continued and paid at their existing rates by the Vermont State Retirement System and the liability on this account shall be included in the computation of the accrued liability contribution rate as provided by section 487 of this title. Any cash and securities to the credit of the local retirement fund shall be transferred to the Vermont State Retirement System as of the date participation begins. The trustees or other administrative head of the local retirement fund as of the date participation becomes effective shall certify the proportion, if any, of the assets of the local retirement fund that represents the accumulated contributions of the members, and the relative shares of the members as of that date. Such shares shall be credited to the respective account of such members in the Fund of the Vermont State Retirement System as though contributed under the provisions of said System. The balance of the assets transferred to the Vermont State Retirement System shall be offset against the accrued liability before determining the special accrued liability contribution to be paid by the employer as provided by section 487 of this title. The operation of the local retirement fund shall be discontinued as of the date participation becomes effective.
  2. Any members of a local retirement fund who, pursuant to the provisions of section 433 of this title, became members of said System shall become members of the Vermont State Retirement System and shall have the shares credited on their account to the Fund of the Vermont State Retirement System in accordance with the provisions of section 473 of this title. Thereafter all contributions on behalf of such members shall be made by such employer and member to the Vermont State Retirement System.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 2007, No. 13 , § 18.

History

Reference in text. Section 433 of this title, referred to in the first sentence of subsec. (b), was repealed by 1971, No. 231 (Adj. Sess.), § 5.

Revision note. In subsec. (b), changed reference to "section 480" to "section 473" to correct an error in the reference.

Amendments--2007. Catchline: Substituted "assets" for "funds".

Subsection (a): Substituted "assets" for "funds" in the third and fifth sentences and deleted "annuity savings" preceding "fund" in the fourth sentence.

Subsection (b): Deleted "various funds of said Vermont employees' retirement system transferred to either the annuity savings fund or the pension accumulation" preceding "fund" in the first sentence.

§ 484. Election by employee; service credits.

Membership in the Vermont State Retirement System shall be optional with employees who are in the service of the employer on the date when participation becomes effective pursuant to subsection 482(a) or subsection 483(a) of this title and any such employee shall become a member as of that date or as of the date of completing three years of continuous service for the employer, if later, unless he or she files with the Retirement Board within 30 days of his or her eligibility a notice of his or her election not to be included in the membership. Any such employee who becomes a member of the Vermont State Retirement System within one year of the effective date of participation of his or her employer shall be credited with creditable service covering such periods of service prior to such effective date with such employer or predecessor employer for which the employer is willing to make accrued liability contributions. Thereafter service for such employer on account of which contributions are made by the employer and member shall also be considered as creditable service.

Added 1971, No. 231 (Adj. Sess.), § 4.

History

Election by county employees to receive service credits for prior county employment; contributions. 1989, No. 78 , § 13, provided:

"(a) Clerical staff of the county court, including court clerks, and clerical staff of each state's attorney's office and any other county employees who, as determined by the retirement board of the Vermont state employees' retirement system, are similarly situated, who were first employed by the county prior to July 1, 1982, may elect to have included in their creditable service all or any part of their service as a county employee, whether or not continuous, prior to the most recent date of hire.

"(b) Any group A member who makes an election under this section, shall deposit in the annuity savings fund by a single contribution an amount computed at regular interest to be sufficient to provide at age 60 an annuity equal to one-one hundred and twentieth of his or her average final compensation multiplied by the number of years of the service for which he or she elects to receive credit. Instead of a single payment, any group A member may, with the approval of the board, contribute in installments of equivalent value toward the purchase for that service. Those contributions shall become a part of the member's accumulated contributions and shall be treated for all purposes in the same manner as the contributions made under section 473 of Title 3. Any group A member electing to contribute toward that service who retires before completing payment as approved by the board for the purchase of that service shall receive pro rata credit for service purchased before the date of retirement but if he or she so elects at the time of retirement, the member may pay as much in a single sum as is necessary to provide full credit at that time.

"(c) Any group E member who makes an election under this section shall, upon application, be granted credit for all or any part of his or her service as a county employee, whether or not continuous, prior to the most recent date of hire and shall not be required to make a contribution".

§ 485. Compulsory membership.

Membership in the Vermont State Retirement System shall be compulsory for all employees entering the service of such employer after the date participation becomes effective, and shall be effective upon the date of hire.

Added 1971, No. 231 (Adj. Sess.), § 4; amended 2013, No. 22 , § 7.

History

Amendments--2013. Substituted "date of hire" for "completion of three consecutive years of service" at the end of the section.

§ 486. Duty of local officers.

The chief fiscal officer of the employer, and heads of its departments, shall submit to the Retirement Board such information and shall cause to be performed with respect to the employees of such employer such duties as shall be prescribed by the Retirement Board in order to carry out the provisions of this subchapter.

Added 1971, No. 231 (Adj. Sess.), § 4.

§ 487. Rates of contribution.

Employees who become members of the Vermont State Retirement System under the provisions of this subchapter shall contribute at the same rate and in the same manner as if they were employees of the State of Vermont. The actuary of the System shall compute the contributions which would be payable annually by the employer on behalf of such members corresponding to the contributions which the State of Vermont makes on behalf of State employees, except that each employer of members participating in the Vermont State Retirement System as provided in this subchapter shall make a special accrued liability contribution on account of the participation of its employees, which shall be determined by an actuarial valuation of the accrued liability on account of the employees of such employer who become members, in the same way as the accrued liability rate was originally determined for employees of the State of Vermont. This special accrued liability contribution, subject to such adjustment as may be necessary on account of any additional credits for service prior to the date of participation of its employees in the System awarded by such employer, shall be payable in lieu of the accrued liability contribution payable on account of other employees in the Vermont State Retirement System. The expense of making the valuation to determine any special accrued liability contribution shall be assessed against and paid by the employer on whose account it was necessary. Prior to the determination of the special accrued liability contribution the employer shall make accrued liability contributions at the accrued liability rate payable by the State of Vermont on behalf of State employees.

Added 1971, No. 231 (Adj. Sess.), § 4.

§ 488. Payment of contributions.

The contributions computed under section 487 of this title together with a pro rata share of the cost of the administration of the Vermont State Retirement System based upon the payroll of the employees of the employer who are members shall be certified by the Retirement Board to the Chief Fiscal Officer of the employer. The amounts so certified shall be a charge against the employer. The Chief Fiscal Officer shall pay to the State Treasurer the amount certified by the Retirement Board as payable under the provisions of this subchapter, and the State Treasurer shall credit such amounts to the Fund of the Vermont State Retirement System.

Added 1971, No. 231 (Adj. Sess.), § 4; amended 2007, No. 13 , § 19.

History

Amendments--2007. Substituted "fund" for "appropriate funds" near the end of the third sentence.

§ 489. Benefits.

Persons who become members of the Vermont State Retirement System under this subchapter and on behalf of whom contributions are paid as provided in this subchapter shall be entitled to benefits under the Vermont State Retirement System as though they were employees of the State of Vermont. These employees shall be considered "Group F members" as defined in subdivision 455(a)(11)(E) of this title, except that elected municipal employees shall not be subject to mandatory retirement requirements.

Added 1971, No. 231 (Adj. Sess.), § 4; amended 1977, No. 164 (Adj. Sess.), § 4, eff. March 31, 1978; 2013, No. 22 , § 8.

History

2003. Changed reference to "section 455(11)(A)" to "section 455(a)(11)(A)" to conform reference to V.S.A. style.

Amendments--2013. Substituted "'Group F members'" for "'Group A members'" following "considered" and "455(a)(11)(E)" for "455(a)(11)(A)" following "subdivision".

Amendments--1977 (Adj. Sess.). Added the second sentence.

§ 490. Default; paid up deferred annuity.

The agreement of any employer to contribute on account of its employees shall be irrevocable, but should any employer for any reason become financially unable to make the contributions on account of its employees as provided in this subchapter, then such employer shall be deemed to be in default. All members of the Vermont State Retirement System who were employed by such employer at the time of default shall thereupon be entitled to discontinue membership in such Retirement System and to a refund of their previous contributions upon demand made within 90 days thereafter. As of a date 90 days following the date of such default, the actuary of the Vermont State Retirement System shall determine by actuarial valuation the amount of the reserve held on account of each remaining active member and beneficiary of such employer and shall credit to each such member and beneficiary the amount of the reserve so held. The reserve so credited, together with the amount of the accumulated contributions of each such active member, shall be used to provide for him or her a paid up deferred annuity beginning at age 65, and the reserve of each beneficiary shall be used in providing such part of his or her existing pension as the reserve so held will provide, which pension, together with his or her annuity, shall thereafter be payable to him or her. The rights and privileges of both active members and beneficiaries of such employer shall thereupon terminate, except as to payment of the deferred annuities so provided and the annuities and pensions, or parts thereof, provided for the beneficiaries.

Added 1971, No. 231 (Adj. Sess.), § 4.

§ 491. Liability of retirement system.

Anything in this subchapter to the contrary notwithstanding, the Vermont State Retirement System shall not be liable for the payment of any pensions or other benefits on account of the employees or beneficiaries of any employer under this subchapter, for which reserves have not been previously created from funds contributed by such employer, or its employees, for such benefits.

Added 1971, No. 231 (Adj. Sess.), § 4.

Subchapter 3. Transfers Between Retirement Systems

§ 495. Transfer of memberships.

  1. The words "retirement system" as used in this section shall mean and include the following:
    1. Vermont State Retirement System as established by subchapter 1 of this chapter, and including employees of certain political subdivisions under the provisions of subchapter 2 of this chapter;
    2. State Teachers' Retirement System of Vermont as established by 16 V.S.A. chapter 55; and
    3. Municipal Employees' Retirement System as established by 24 V.S.A. chapter 125.
  2. Any person who is a member of a Retirement System as defined in subsection (a) of this section may transfer his or her membership to another Retirement System, as defined in subsection (a) of this section, within one year after acceptance of office or employment which makes it possible or mandatory for him or her to participate in such other Retirement System if such acceptance of office or employment would make it impossible for him or her to continue as a contributing member of the Retirement System of which he or she has been a member.
  3. Any such person desiring so to transfer membership shall notify the board of trustees of the retirement system of which the person is a member and the board of trustees of the retirement system to which the person wishes to transfer of such intention and shall request a transfer of the total amount of the accumulated contributions standing to his or her credit in the fund of the system of which he or she is a member from said system to the retirement system to which he or she wishes to transfer his or her membership and shall request the deposit of such accumulated contributions in the fund of the system he or she intends to join. The amount to be transferred shall be the member's compensation multiplied by the actual fiscal year employer contribution rate that was in effect for each year of creditable service being transferred, plus any amount of contributions made by the member, if any. Upon transfer of membership and funds in accordance with the provisions of this section he or she shall receive credit in the system to which he or she has transferred for all accrued benefit rights based on service rendered prior to such transfer for which he or she was entitled to credit in the system from which he or she transferred.
  4. Upon becoming a member of the retirement system to which he or she has transferred, such person shall thereafter be eligible for such benefits or annuities as are provided by law in such retirement system, including the credits for previous service in the retirement system from which the person has transferred as provided in subsection (e) of this section. The average final compensation used to calculate the benefit payable at retirement shall be determined by using the earnable compensation which affords the highest consecutive years of earnings under either the system from which or to which he or she transferred. Except for the determination of the average final compensation as set forth in this subsection, the benefits for a member who transferred from one retirement system to another shall be calculated as follows:
    1. a member who transfers after July 1, 2007, and before June 30, 2008, shall have the option to have the service from the first system calculated according to the provisions of either the first or the second system at the time of retirement;
    2. a member who transfers on or before June 30, 2007, or on or after July 1, 2008, shall have his or her benefits calculated according to the provisions of the system or systems under which the benefits were accrued;
    3. when benefits calculated according to the provisions of two or more retirement systems are combined under this subsection, they may exceed the maximum percentage of average final compensation established for each plan.
  5. The Board of Trustees of the Vermont State Retirement System, the State Teachers' Retirement System of Vermont and the Municipal Employees' Retirement System are severally authorized to make such rules and regulations as may be necessary to carry out the provisions of this section.
  6. Such provisions of subchapter 1 of this chapter, 16 V.S.A. chapter 55 and 24 V.S.A. chapter 125 as are inconsistent with the provisions hereof are hereby repealed to the extent of such inconsistency.
  7. If any provision of this section, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this section, nor provisions or applications of the statutes to which this section is in addition which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

    Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41 , § 21; 2007, No. 13 , § 20; 2007, No. 13 7 (Adj. Sess.), § 3.

History

Amendments--2007 (Adj. Sess.). Subsection (c): Inserted "or she" following "which he", and "or her" following "his" in the first sentence, and rewrote the second sentence.

Subsection (d): Deleted the proviso at the end of the second sentence, added the last sentence, and added subdivisions (d)(1)-(d)(3).

Amendments--2007. Subsection (c): Substituted "the person" for "he" throughout the subsection; inserted "or her" preceding "credit; deleted "annuity savings" preceding "fund" and "or other corresponding fund" following "fund" and substituted "of the system he or she intends to join" for "or other corresponding fund thereof"; and inserted "or she" following "he" in two places in the last sentence.

Subsection (d): Substituted "the person" for "he", "of this section" for "hereof"; inserted the language beginning "The average final compensation used" and ending "which he or she transferred" preceding "provided, however" and "or she" following "he" in three places.

Amendments--1981. Subsection (a): Deleted "and" at end of subdiv. (1), added semicolon and "and" at the end of subdiv. (2), and added subdiv. (3).

Subsection (b): Made minor changes in phraseology.

Subsection (c): Amended generally.

Subsection (e): Inserted "and the municipal employees' retirement system" preceding "are severally" and made minor changes in style.

Subsection (f): Inserted "and chapter 125 of Title 24" preceding "as are inconsistent" and made minor changes in style.

Retroactive portability municipal system. 1981, No. 41 , § 38, eff. July 1, 1981, provided: "The provisions of section 21 of this act amending section 495 of Title 3 [this section] to permit transfers between the municipal employees' retirement system and the state employees' retirement system and teachers' retirement system shall be effective retroactively to the date of the establishment of the municipal employees' retirement system [July 1, 1974] so as to permit any member who did transfer prior to the effective date of this act to receive full credit for prior creditable service, transfer of accumulated contributions and all other rights provided by this act".

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

CHAPTER 16A. DEFINED CONTRIBUTION RETIREMENT PLAN

Sec.

History

Vested Members 1999, No. 53 , § 5, provides:

"(a) On or before December 15, 1999, a vested member of group A, C, D or F of the Vermont state retirement system who was not eligible to participate in the defined contribution plan under Sec. 2 of No. 129 of the Acts of 1998 [which is set out in the note below] because he or she had withdrawn from service may elect to participate in the defined contribution plan established under chapter 16A of Title 3, provided the member was an exempt employee at the time he or she withdrew from service.

"(b) The procedure for election to participate in the defined contribution retirement plan under this act shall be established by the state treasurer.

"(c) All members who elect under subsection (a) of this section to participate in the defined contribution retirement plan shall lose all rights to benefits as a member of the Vermont state retirement system and shall attain all rights to benefits as a member of the defined contribution retirement plan. On or before January 15, 2000, the state treasurer shall transfer the full actuarial value of the accrued benefit calculated on a cost neutral basis, as of the time of transfer, of all members who elect to participate in the defined contribution retirement plan established under chapter 16A of Title 3.

"(d) Election to participate in the defined contribution retirement plan is irrevocable, unless the member becomes a classified employee and elects to transfer his or her membership and the full actuarial value of the accrued benefit, to the Vermont state retirement system".

Election to participate. 1997, No. 129 (Adj. Sess.), § 2, provided:

"(a) Any group A, B, C, D or F member of the Vermont state retirement system may elect to participate in the defined contribution plan established under chapter 16A of Title 3, provided the employee is not a classified employee at the time of such election and the election is made on or before December 31, 1998. [See note set out under section 500 of this title for provisions relating to merging groups B and C.]

"(b) The procedure for election to participate in the defined contribution retirement plan shall be established by the state treasurer. The treasurer shall establish the date of election and shall provide all members of the state employees' retirement system who are eligible to participate in the plan with notice of the election together with a general written explanation of the election and its consequences, at no cost to the member.

"(c) All employees electing to participate in the defined contribution retirement plan shall lose all rights to benefits as a member of the Vermont state retirement system and shall attain all rights to benefits as a member of the defined contribution retirement plan. On January 1, 1999, the state treasurer shall transfer the full actuarial value of the accrued benefit calculated on a cost neutral basis or the member's contribution plus accumulated interest, whichever is greater, as of the time of transfer, of all employees who elect to participate in the defined contribution retirement plan established under chapter 16A of Title 3.

"(d) Election to participate in the defined contribution retirement plan is irrevocable, unless the employee becomes a classified employee and elects to transfer his or her membership and the full actuarial value of the accrued benefit, to the Vermont state retirement system".

Vested member of Group E. 1999, No. 158 (Adj. Sess.), § 18, provided:

"(a) On or before December 15, 2000, a vested member of group E of the Vermont state retirement system who was not eligible to participate in the defined contribution plan under Sec. 2 of No. 129 of the Acts of 1998 [which is set out in the note below] because he or she had withdrawn from service may elect to participate in the defined contribution plan established under chapter 16A of Title 3, provided the member was an exempt employee at the time he or she withdrew from service.

"(b) The procedure for election to participate in the defined contribution retirement plan under this act shall be established by the state treasurer.

"(c) All members who elect under subsection (a) of this section to participate in the defined contribution retirement plan shall lose all rights to benefits as a member of the Vermont state retirement system, and shall attain all rights to benefits as a member of the defined contribution retirement plan. On or before January 15, 2001, the state treasurer shall transfer the full actuarial value of the accrued benefit calculated on a cost neutral basis, as of the time of transfer, of all members who elect to participate in the defined contribution retirement plan established under chapter 16A of Title 3.

"(d) Election to participate in the defined contribution retirement plan is irrevocable, unless the member becomes a classified employee and elects to transfer his or her membership and the full actuarial value of the accrued benefit to the Vermont state retirement system".

Transitional provisions. 2005, No. 151 (Adj. Sess.), § 2 provides: "An employee who was a member of the defined contribution plan and who was appointed to a group D eligible position after becoming a member of the defined contribution plan may, within 60 days of the effective date of this act, elect to become a member of the group D plan. The state treasurer shall apply the funds accumulated in the employee's defined contribution account toward purchasing retirement credit in the group D plan by first applying the funds toward purchasing any group D eligible credit earned from the date of the judicial appointment and then applying the funds toward purchasing credit in the retirement group plan or plans for which the employee would have formerly been eligible."

§ 500. Defined Contribution Retirement Plan.

  1. The State Treasurer shall offer a retirement plan for State employees who are not members of the classified system. The Plan shall qualify as a defined contribution plan under the U.S. Internal Revenue Code, as amended. Participation in such plan shall be in lieu of the retirement plans established under chapter 16 of this title.
  2. Employees who are not members of the classified system who are first employed by the State on and after January 1, 1999, and would otherwise be members of Group A, B, C, D, or F of the Vermont State Retirement System shall be eligible to participate in the Defined Contribution Retirement Plan.
  3. Employees who elect to participate in the Defined Contribution Retirement Plan shall contribute at the rate of 2.85 percent of the employee's compensation for each payroll period. The State shall contribute to each employee's account at the rate of seven percent of the employee's compensation for each payroll period. Employees may make additional after-tax contributions to the plan, provided that total annual contributions by an employee and employer in any calendar year shall not exceed the maximum permitted for such plans under the U.S. Internal Revenue Code.
  4. Election to participate in the Defined Contribution Retirement Plan is irrevocable, unless:
    1. the employee becomes a classified employee and elects to transfer his or her membership and the full actuarial value of the accrued benefit calculated on a cost neutral basis to the Vermont State Retirement System; or
    2. the employee is appointed to a position that is eligible for membership in the Group D plan. Within 60 days of appointment, the employee may choose to participate in the Group D plan and cease participation in the defined contribution plan. Upon an election to participate in the Group D plan, the State Treasurer shall apply the funds accumulated in the employee's defined contribution account toward purchasing retirement credit in the Group D plan by first applying the funds toward purchasing any Group D eligible credit earned from the date of the judicial appointment and then applying the funds toward purchasing credit in the retirement group plan or plans for which the employee would have formerly been eligible.
  5. An employee who elects to participate in the Defined Contribution Retirement Plan shall become vested in the Plan after completion of one year and 11 months of creditable service as a State employee.
  6. An employee who has elected to participate in the defined contribution plan and, after having accrued a minimum of five years of service, becomes disabled as determined by the Social Security Administration or by a State-purchased disability insurance policy while currently employed by the State, shall be entitled to continue the same health and dental benefits that are available to members of the Vermont State Retirement System who qualify for disability retirement benefits.
  7. Upon retirement, employees who elect to participate in the Defined Contribution Retirement Plan shall be entitled to the same life, dental, and health insurance benefits available to members of the Vermont State Retirement System.
  8. The State Treasurer shall certify to the Governor or Governor-Elect a statement of the percentage of the payroll of all participating employees sufficient to fund all operating expenses of the defined contribution retirement plan and all contributions of the State which will become due and payable during the next biennium. Contributions by the State shall be charged to the departmental appropriation from which the employees' salaries are paid and shall be included in each departmental budgetary request.
  9. The Plan shall be administered by the State Treasurer who shall adopt rules necessary to implement and administer the provisions of this chapter.

    Added 1997, No. 129 (Adj. Sess.), § 1; amended 1999, No. 158 (Adj. Sess.), § 20; 2005, No. 151 (Adj. Sess.), § 1; 2005, No. 163 (Adj. Sess.), § 4; 2007, No. 146 (Adj. Sess.), § 2; 2019, No. 25 , § 1, eff. May 16, 2019.

History

Reference in text. The Internal Revenue Code, referred to in this section, is codified as Title 26 of the United States Code.

Amendments--2019 Subsec. (c): In the third sentence, inserted "after-tax" following "additional" and "and employer" following "employee," and deleted the last sentence.

Amendments--2007 (Adj. Sess.). Added new subsection (f) and redesignated former subsecs. (f)-(h) as present subsecs. (g)-(i).

Amendments--2005 (Adj. Sess.). Subsection (d): Added the subdiv. (1) designation and added subdiv. (2).

Subsection (f): Inserted "dental" following "life".

Amendments--1999 (Adj. Sess.) Subsection (c): Substituted "of 2.85 percent of the employee's compensation for each payroll period" for "equivalent to the contribution rate for group F members of the Vermont state retirement system" in the first sentence.

Merger of groups B and C. 1997, No. 89 (Adj. Sess), § 11(a), provided: "On July 1, 1998, any member in service who was a group B member under the provisions of chapter 16 of Title 3 in effect immediately prior to the effective date of this act [July 1, 1998] shall become a group C member."

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

CHAPTER 17. VERMONT STATE POLICE AND MOTOR VEHICLE INSPECTORS' RETIREMENT SYSTEM

Sec.

§§ 501-520. Repealed. 1971, No. 231 (Adj. Sess.), § 5.

History

Former §§ 501-520. The subject matter of former §§ 501-520 is now covered by § 455 et seq. of this title.

Former § 501, relating to definitions, was derived from 1955, No. 246 , § 1 and amended by 1959, No. 262 , § 37; 1963, No. 185 , § 1.

Former § 502, relating to name and date of establishment, was derived from 1955, No. 246 , § 2.

Former § 503, relating to members, was derived from 1955, No. 246 , § 3.

Former § 504, relating to creditable service and military service, was derived from 1955, No. 246 , § 4.

Former § 505, relating to service retirement, was derived from 1955, No. 246 , § 5.

Former § 506, relating to ordinary disability retirement, was derived from 1955, No. 246 , § 6 and amended by 1963, No. 185 , § 2.

Former § 507, relating to accidental disability retirement, was derived from 1955, No. 246 , § 7.

Former § 508, relating to re-examination of disability beneficiary, was derived from 1955, No. 246 , § 8.

Former § 509, relating to offsets, was derived from 1955, No. 246 , § 13.

Former § 510, relating to reinstatement, was derived from 1955, No. 246 , § 9.

Former § 511, relating to accidental death benefit, was derived from 1955, No. 246 , § 10.

Former § 512, relating to termination of service and death, was derived from 1955, No. 246 , § 11 and amended by 1959, No. 166 .

Former § 513, relating to widows' benefits and optional benefits, was derived from 1955, No. 246 , § 12 and amended by 1963, No. 185 , § 3.

Former § 514, relating to retirement board, medical board, actuary, rates of contribution and safekeeping of securities, was derived from 1955, No. 246 , § 14 and amended by 1965, No. 210 .

Former § 515, relating to investments, interest rate and disbursements, was derived from 1955, No. 246 , § 15 and amended by 1967, No. 62 ; No. 100.

Former § 516, relating to funds, was derived from 1955, No. 246 , § 16 and amended by 1959, No. 328 (Adj. Sess.), § 8(b).

Former § 517, relating to former fund, was derived from 1955, No. 246 , § 17.

Former § 518, relating to errors, was derived from 1955, No. 246 , § 18.

Former § 519, relating to exemption of member's interest and assignment, was derived from 1955, No. 246 , § 19.

Former § 520, relating to warrants for state's contribution, was derived from 1955, No. 246 , § 20 and amended by 1959, No. 328 (Adj. Sess.), § 8(b).

CHAPTER 17. INVESTMENT AND OVERSIGHT OF RETIREMENT SYSTEMS' ASSETS

Sec.

History

Prior law. Previous chapter 17, containing sections 501-520, which related to Vermont State Police and Motor Vehicle Inspectors Retirement System, was repealed by 1971, No. 231 (Adj. Sess.), § 5.

Purpose. 2005, No. 50 , § 1 provides: "It is the purpose of this act to:

"(1) Combine the assets of the State Teachers' Retirement System of Vermont, the Vermont State Employees' Retirement System, and the Vermont Municipal Employees' Retirement System for the purpose of investment in a manner that is more cost- and resource-efficient and will improve the effectiveness of the oversight and management of the three systems' assets.

"(2) Maintain the actuarial, accounting, and asset allocation integrity of the three systems."

Application. 2005, No. 50 , § 11 provides: "(a) The asset allocations of the State Teachers' Retirement System of Vermont, the Vermont State Employees' Retirement System, and the Vermont Municipal Employees' Retirement System in effect upon passage of this act shall remain in effect until revised by the Vermont pension investment committee pursuant to 3 V.S.A. § 523.

"(b) Rules adopted prior to the effective date of this act by the board of the State Teachers' Retirement System of Vermont, the board of the Vermont State Employees' Retirement System, and the board of the Vermont Municipal Employees' Retirement System which relate to the standard of conduct for trustees and employees of a board shall apply to members of the Vermont pension investment committee and shall remain in effect unless or until subsequent amendment by the state treasurer with the approval of the retirement boards and the Vermont pension investment committee."

§ 521. Definitions.

As used in this chapter, "Committee" means the Vermont Pension Investment Committee.

Added 2005, No. 50 , § 2; amended 2007, No. 100 (Adj. Sess.), § 1.

History

Amendments--2007 (Adj. Sess.) Rewrote the section by deleting the definition for "asset allocation".

§ 522. Vermont Pension Investment Committee.

  1. There is created the Vermont Pension Investment Committee to comprise seven members as follows:
    1. one member and one alternate, who may or may not be trustees of the Board of the Vermont State Employees' Retirement System, elected by the employee and retiree members of that board;
    2. one member and one alternate, who may or may not be trustees of the Board of the State Teachers' Retirement System of Vermont, elected by the employee and retiree members of that Board;
    3. one member and one alternate, who may or may not be trustees of the Board of the Vermont Municipal Employees' Retirement System, elected by the municipal employee and municipal official members of that Board;
    4. two members and one alternate, appointed by the Governor;
    5. the State Treasurer or designee; and
    6. one member, appointed by the other six voting members of the Committee, who shall serve as Chair of the Committee and at the pleasure of the Committee.
  2. An authority responsible for electing or appointing a member or alternate shall consider the experience and knowledge of potential members and alternates consistent with the purposes of the Committee, and shall inform potential members and alternates that they shall participate in ongoing training in investments, securities, and fiduciary responsibilities as directed by the Committee.
  3. Initially, one appointee and the alternate appointee of the Governor shall serve a two-year term, and the second appointee shall serve for a four-year term. Thereafter, the Governor's appointees and alternate appointee shall serve for four-year terms. Initially, the member and alternate chosen by the Vermont Municipal Employees' Retirement Board shall serve for a two-year term, the member and alternate chosen by the Vermont State Teachers' Retirement Board shall serve for a three-year term and the member and alternate chosen by the Vermont State Employees' Retirement Board shall serve for a four-year term. Thereafter, all members and alternates shall serve for four-year terms.
  4. The Chair of the Vermont Pension Investment Committee shall be a nonvoting member, except in the case of a tie vote.
  5. The Vermont Pension Investment Committee shall elect a vice chair from among its members.
  6. Four members of the Committee shall constitute a quorum. If a member is not in attendance, the alternate of that member shall be eligible to act as a member of the Committee during the absence of the member. Four concurring votes shall be necessary for a decision of the Committee at any meeting of the Committee. The Committee shall be attached to the Office of the State Treasurer for administrative support, and the expenses of the Committee and the Treasurer's office in support of the Committee shall be paid proportionately from the funds of the three retirement systems and any individual municipalities that have been allowed to invest their retirement funds pursuant to subsection 523(a) of this title.
  7. Public employee members and alternates shall be granted reasonable leave time by their employers to attend Committee meetings and Committee-related educational programs.
  8. The Committee shall provide an annual report to the respective authorities responsible for electing and appointing members and alternates regarding attendance at Committee meetings and relevant educational programs attended.
  9. A vacancy of an elected or appointed member or alternate shall be filled for the remainder of the term by the authority responsible for electing or appointing that member or alternate.

    Added 2005, No. 50 , § 2; amended 2007, No. 100 (Adj. Sess.), § 2; 2009, No. 139 (Adj. Sess.), § 3.

History

Amendments--2009 (Adj. Sess.) Substituted "comprise seven" for "be comprised of six" preceding "members" in the introductory paragraph of subsec. (a) and added subdiv. (a)(6), added new subsec. (d), and redesignated former subsecs. (d)-(h) as present subsecs. (e)-(i), and in present subsec. (e), deleted "members of the" preceding "Vermont" and "chair and" preceding "vice chair".

Amendments--2007 (Adj. Sess.) Amended section generally.

§ 523. Vermont Pension Investment Committee; duties.

  1. The Vermont Pension Investment Committee shall be responsible for the investment of the assets of the State Teachers' Retirement System of Vermont, the Vermont State Employees' Retirement System, and the Vermont Municipal Employees' Retirement System pursuant to section 472 of this title, 16 V.S.A. § 1943 , and 24 V.S.A. § 5063 . The Committee shall strive to maximize total return on investment, within acceptable levels of risk for public retirement systems, in accordance with the standards of care established by the prudent investor rule under 14A V.S.A. § 902. The Committee may, in its discretion, subject to approval by the Attorney General, also enter into agreements with municipalities administering their own retirement systems to invest retirement funds for those municipal pension plans. The State Treasurer shall serve as the custodian of the funds of all three retirement systems. The Committee may, in its discretion, also enter into agreements with the State Treasurer to invest the State Employees' Postemployment Benefits Trust Fund, established in 3 V.S.A. § 479a , and the Retired Teachers' Health and Medical Benefits Fund, established in 16 V.S.A. § 1944b .
  2. Members and alternates of the Committee who are not public employees shall be entitled to compensation as set forth in 32 V.S.A. § 1010 and reimbursement for all necessary expenses that they may incur through service on the committee from the funds of the retirement systems. The Chair of the Committee may be compensated from the funds at a level not to exceed one-third of the salary of the State Treasurer, as determined by the other members of the Committee.
  3. The Committee shall keep a record of all its proceedings, which shall be open for public inspection.
  4. The Committee shall formulate policies and procedures deemed necessary and appropriate to carry out its functions, including a written statement of the responsibilities of and expectations for the Chair of the Committee.
  5. The Attorney General shall serve as legal advisor to the Committee.
  6. Contracts approved by the Committee and related documents may be executed by the Chair, or in the Chair's absence, the Vice Chair.
  7. Notwithstanding any other provision of law to the contrary, changes to the actuarial rate of return shall be made at a joint meeting of the Committee and the appropriate Retirement Board. The Board and Committee shall review the recommendations of the actuary and the investment consultant. A change to an actuarial rate of return shall be by joint resolution of the Board and Committee. Each body shall vote according to its own procedures. In the event that the Board and Committee are unable to agree on an actuarial rate of return, the existing assumed rate of return shall remain in effect.

    Added 2005, No. 50 , § 2; amended 2005, No. 215 (Adj. Sess.), § 277b; 2007, No. 100 (Adj. Sess.), § 3; 2007, No. 176 (Adj. Sess.), § 18, May 28, 2008; 2009, No. 139 (Adj. Sess.), § 4; 2019, No. 120 (Adj. Sess.), § A.13, eff. June 30, 2020.

History

2008 The text of this section is based on a correlation of two amendments. During the 2007 adjourned session, this section was amended twice. In order to reflect all of the changes intended by the legislature during the 2007 adjourned session, the text of Act No. 100, § 3 and 176 § 18 were merged to arrive at a single version of this subsection. The changes which each of the amendments made are described in amendment notes set out below.

Amendments--2019 (Adj. Sess.). Subsec. (a): Added the last sentence.

Amendments--2009 (Adj. Sess.) Subsection (a): Substituted "16 V.S.A. § 1943 and 24 V.S.A. § 5063" for "section 1943 of Title 16 and section 5063 of Title 24" at the end of the first sentence and "14A V.S.A. § 902" for "chapter 147 of Title 9" at the end of the second sentence.

Subsection (b): Substituted "32 V.S.A. § 1010" for "section 1010 of Title 32" and added the second sentence.

Subsection (d): Rewrote the subsection.

Amendments--2007 (Adj. Sess.) Act No. 100 amended section generally.

Act No. 176 added the second sentence in subsec. (d).

Amendments--2005 (Adj. Sess.). Subsection (a): Added the second sentence.

CHAPTER 19. SOCIAL SECURITY FOR STATE AND MUNICIPAL EMPLOYEES

Sec.

History

Severability of enactment. 1951, No. 117 , § 8, contained a separability provision applicable to this chapter.

§ 571. Declaration of policy.

In order to extend to employees of the State and its political subdivisions and to the dependents and survivors of such employees the basic protection accorded to others by the Old Age and Survivors Insurance System embodied in the Social Security Act, the State of Vermont authorizes and empowers the Treasurer of the State as a State agency to enter into appropriate agreements with the Secretary of Health and Human Services for the purpose of making available under the provisions of this chapter, to employees of the State and its political subdivisions, the benefits of the Social Security Act. It is also the policy of the legislature that the federal-State agreement permitted by this chapter be made applicable to the services of all employees of the State of Vermont to the extent and in the manner permitted by the federal Social Security Act.

History

Source. 1955, No. 241 , § 1. 1951, No. 117 , § 1.

Revision note. Reference to "secretary of health, education and welfare" changed to "secretary of health and human services" to conform reference to transfer of functions and change of titles within federal government pursuant to section 509 of P.L. 96-88. See 20 U.S.C. § 3508.

Prior law. V.S. 1947, §§ 531, 532, authorized the requirements of any amendment to the federal social security act or the federal insurance contributions act, which might require state or municipal employees to be included under such acts, to be met. Such sections were derived from 1947, No. 5 , § 16, and 1941, No. 206 , §§ 2, 3.

§ 572. Definitions.

For the purposes of this chapter:

  1. "Employee" includes an officer of a State or political subdivision thereof;
  2. "Employment" means any service performed by any employee in the employ of the State, or any political subdivision thereof, for such employer, except (1) service which in the absence of an agreement entered into under this chapter would constitute "employment" as defined in the Social Security Act; or (2) service which under the Social Security Act may not be included in an agreement between the State and the Secretary of Health and Human Services entered into under this chapter. Service which under the Social Security Act may be included in an agreement only upon certification by the Governor in accordance with Section 218(d)(3) or 218(d)(7) of that Act shall be included in the term "employment" if and when the Governor issues, with respect to such service, a certificate to the Secretary of Health and Human Services pursuant to subsection 578(b) of this title.
  3. "Federal Insurance Contributions Act" means subchapter A of chapter 9 of the federal Internal Revenue Code of 1939 and subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1954, as such codes have been and may from time to time be amended; and the term "employee tax" means the tax imposed by Section 1400 of such Code of 1939 and Section 3101 of such Code of 1954.
  4. "Political subdivision" includes an instrumentality of a state, of one or more of its political subdivisions, or of a state and one or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision.
  5. "Secretary of Health and Human Services" includes any individual to whom the Secretary of Health and Human Services has delegated any of his or her functions under the Social Security Act with respect to coverage under such act of employees of states and their political subdivisions, and with respect to any action taken prior to April 11, 1953, includes the Federal Security Administrator and any individual to whom such Administrator had delegated any such function.
  6. "Social Security Act" means the act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the "Social Security Act," including regulations and requirements issued pursuant thereto, as such Act has been and may from time to time be amended.
  7. "State agency" means the State Treasurer.
  8. "Wages" means all remuneration for employment as defined herein, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the federal Insurance Contributions Act, would not constitute "wages" within the meaning of that Act.

    Amended 1963, No. 164 , § 1, eff. June 25, 1963.

History

Source. 1955, No. 241 , § 2. 1951, No. 117 , § 2.

Reference in text. Section 218 of the Social Security Act, referred to in subdiv. (2), is codified as 42 U.S.C. § 418.

The federal Insurance Contributions Act, referred to in subdiv. (3), is codified as 26 U.S.C. § 3101 et seq.

The Social Security Act, referred to in subdiv. (6), is codified as 42 U.S.C. § 301 et seq.

Revision note. References to "secretary of health, education and welfare" changed to "secretary of health and human services" to conform references to transfer of functions and change of titles within federal government pursuant to section 509 of P.L. 96-88. See 20 U.S.C. § 3508.

Amendments--1963. Designated unnumbered paragraphs as subdivs. (1)-(8) and inserted "or section 218(d)(7)" following "section 218(d)(3)" in the second sentence of subdiv. (2).

ANNOTATIONS

1. Political subdivisions.

Bellows Free Academy is not a "juristic entity" standing separate and apart from St. Albans City and Town, and therefore it fails to qualify as a "political subdivision" as defined herein. 1956-58 Op. Atty. Gen. 239.

A register of probate is not an employee of the state or a political subdivision thereof but rather is an employee of the judge of probate and may be appointed or removed at the pleasure of such judge. 1950-52 Op. Atty. Gen. 376.

Probate districts are not "political subdivisions" within this section. 1950-52 Op. Atty. Gen. 376.

§ 573. Federal-State agreement; interstate instrumentalities.

  1. The State agency, with the approval of the Governor, is hereby authorized to enter on behalf of the State into an agreement with the Secretary of Health and Human Services, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the federal Old Age and Survivors Insurance System to employees of the State or any political subdivision thereof with respect to services specified in such agreement which constitute "employment" as defined in section 572 of this title.  Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification, and termination of the agreement, administration, and other appropriate provisions as the State agency and Secretary of Health and Human Services shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, such agreement shall provide in effect that:
    1. Benefits will be provided for employees whose services are covered by the agreement and their dependents and survivors on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act;
    2. The State will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in section 572 of this title), equal to the sum of the taxes which would be imposed by the federal Insurance Contributions Act if the services covered by the agreement constituted employment within the meaning of that Act;
    3. Such agreement or any modification of such agreement shall be effective with respect to services in employment covered by the agreement or any modification of such agreement after the date specified therein in accordance with Section 218 of the Social Security Act;
    4. All services which constitute employment as defined in section 572 of this title and are performed in the employ of the State by employees of the State, shall be covered by the agreement;
    5. All services which (A) constitute employment as defined in section 572 of this title; (B) are performed in the employ of a political subdivision of the State; and (C) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the State agency under section 575 of this title, shall be covered by the agreement;
    6. As modified, the agreement shall include all services described in either subdivision (4) or subdivision (5) of this subsection and performed by individuals to whom Section 218(c)(3)(C) of the Social Security Act is applicable, and shall provide that the service of any such individual shall not continue to be covered by the agreement in case he or she thereafter becomes eligible to be a member of a Retirement System except as provided by subdivision (7) hereof; and
    7. As modified, the agreement shall include all services described in either subdivision (4) or subdivision (5) of this subsection and performed by individuals in positions covered by a Retirement System with respect to which the Governor has issued a certificate to the Secretary of Health and Human Services pursuant to subsection 578(b) of this title.
  2. Any instrumentality jointly created by this State and any other state or states is hereby authorized, upon the granting of like authority by such other state or states, (1) to enter an agreement with the Secretary of Health and Human Services whereby the benefits of the federal Old Age and Survivors Insurance System shall be extended to employees of such instrumentality; (2) to require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts which they would be required to pay under subsection 574(a) of this title if they were covered by an agreement made pursuant to subsection (a) of this section; and (3) to make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements.  Such agreement shall, to the extent practicable, be consistent with the terms and provisions of subsection (a) and other provisions of this chapter.

    Amended 1959, No. 204 .

History

Source. 1955, No. 241 , § 3. 1953, No. 2 . 1951, No. 117 , § 3.

Reference in text. Title II of the Social Security Act, referred to in subdiv. (a)(1), is codified as 42 U.S.C. § 401 et seq.

Section 218 of the Social Security Act, referred to in subdiv. (a)(3), is codified as 42 U.S.C. § 418.

Revision note. References to "secretary of health, education and welfare" changed to "secretary of health and human services" to conform references to transfer of functions and change of titles within federal government pursuant to section 509 of P.L. 96-88. See 20 U.S.C. § 3508.

Amendments--1959. Subdivision (a)(3): Amended generally.

Coverage of Vermont employees. Federal social security act was amended by act Aug. 27, 1958, P.L. 85-787, § 1, 72 Stat. 939, 42 U.S.C. § 418, to permit Vermont retirement system to be divided into two parts, with coverage for only those employees who desire it and to permit those who have decided against such coverage to change their decision within a year after division of the system.

§ 574. Contributions by State employees.

  1. Every employee of the State whose services are covered by an agreement entered into under section 573 of this title shall be required to pay for the period of such coverage, into the Contribution Fund established by section 576 of this title, contributions, with respect to wages as defined in section 572 of this title, equal to the amount of the employee tax which would be imposed by the federal Insurance Contributions Act if such services constituted employment within the meaning of that Act.  Such liability shall arise in consideration of the employee's retention in the service of the State, or his or her entry upon such service, after April 26, 1951.
  2. The contribution imposed by this section shall be collected by deducting the amount of the contribution from the wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
  3. If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the State agency shall prescribe.

History

Source. 1955, No. 241 , § 4. 1951, No. 117 , § 4.

§ 575. Plans for coverage of employees of political subdivisions.

  1. Each political subdivision of the State, acting through its legislative branch in the case of a municipality, or through its governing body in the case of an instrumentality, is hereby authorized, and in the case of any political subdivision employing teachers is required, to submit for approval by the State agency a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of such act, to employees of such political subdivision. Each such plan and any amendment thereof shall be approved by the State agency if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations of the State agency, except that no such plan shall be approved unless:
    1. it is in conformity with the requirements of the Social Security Act and with the agreement entered into under section 573 of this title;
    2. it provides that all services which constitute employment as defined in section 572 of this title and are performed in the employ of the political subdivision by employees thereof, shall be covered by the plan; except that it may exclude services performed by individuals to whom Section 218(c)(3)(B) of the Social Security Act is applicable;
    3. it specifies the source or sources from which the funds necessary to make the payments required by subdivision (c)(1) of this section and by subsection (d) of this section are expected to be derived and contains reasonable assurance that such sources will be adequate for such purposes;
    4. it provides for such methods of administration of the plan by the political subdivision as are found by the State agency to be necessary for the proper and efficient administration of the plan;
    5. it provides that the political subdivision will make such reports, in such form and containing such information, as the State agency may from time to time require, and comply with such provisions as the State Agency or the Secretary of Health and Human Services may from time to time find necessary to assure the correctness and verification of such reports; and
    6. it authorizes the State agency to terminate the plan in its entirety, in the discretion of the State agency, if it finds that there has been a failure to comply substantially with any provisions contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the State agency and may be consistent with the provisions of the Social Security Act.
  2. The State agency shall not finally refuse to approve a plan submitted by a political subdivision under subsection (a) of this section, and shall not terminate an approval plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby.
    1. Each political subdivision as to which a plan has been approved under this section is authorized to and shall pay into the Contribution Fund, with respect to wages (as defined in section 572 of this title), at such time or times as the State agency may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the State agency under section 573 of this title. (c) (1)  Each political subdivision as to which a plan has been approved under this section is authorized to and shall pay into the Contribution Fund, with respect to wages (as defined in section 572 of this title), at such time or times as the State agency may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the State agency under section 573 of this title.
    2. Each political subdivision required to make payments under subdivision (1) of this subsection is authorized, in consideration of the employee's retention in, or entry upon, employment after April 26, 1951, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to his or her wages as defined in section 572 of this title, not exceeding the amount of the employee tax which would be imposed by the federal Insurance Contributions Act if such services constituted employment within the meaning of that Act, and to deduct the amount of such contribution from his or her wages as and when paid. Contributions so collected shall be paid into the Contribution Fund in partial discharge of the liability of such political subdivision or instrumentality under subdivision (1) of this subsection.  Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.
  3. Delinquent payments due under subdivision (c)(1) of this section may, with interest at the rate of six percent per annum, be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may be deducted, with interest, by, or at the request of, the State Treasurer from any other monies payable to such subdivision by any department or agency of the State.

    Amended 1981, No. 41 , § 22.

History

Source. 1955, No. 241 , § 5. 1951, No. 117 , § 5.

Reference in text. Title II of the social security act, referred to in subsec. (a), is codified as 42 U.S.C. § 401 et seq.

Section 218 of the social security act, referred to in subdiv. (a)(2), is codified as 42 U.S.C. § 418.

Revision note. Reference to "section 218(c)(3)(C)" in subdiv. (a)(2) changed to "section 218(c)(3)(B)" to conform reference to change made by section 116(b)(1) of P.L. 90-248. See 42 U.S.C. § 418 and notes thereunder.

Reference to "secretary of health, education and welfare" in subdiv. (a)(5) changed to "secretary of health and human services" to conform reference to transfer of functions and change of titles within federal government pursuant to section 509 of P.L. 96-88. See 20 U.S.C. § 3508.

Amendments--1981. Subsection (a): Inserted "and in the case of any political subdivision employing teachers is required" following "authorized" in the first sentence.

§ 576. Contribution Fund.

  1. There is hereby established a special fund to be known as the Contribution Fund.  Such Fund shall consist of and there shall be deposited in such Fund: (1) all contributions, interest, and penalties collected under sections 574 and 575 of this title; (2) all monies appropriated thereto under this chapter; (3) any property or securities and earnings thereof acquired through the use of monies belonging to the Fund; (4) interest earned upon any monies in the Fund; and (5) all sums recovered upon the bond of the custodian or otherwise for losses sustained by the Fund and all other monies received for the Fund from any other source.  All monies in the Fund shall be mingled and undivided.  Subject to the provisions of this chapter, the State agency is vested with full power, authority, and jurisdiction over the Fund, including all monies and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof and are consistent with the provisions of this chapter.
  2. The Contribution Fund shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purpose of this chapter.  Withdrawals from such Fund shall be made for, and solely for (1) payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under section 573 of this title; (2) payment of refunds provided for in subsection 574(c) of this title; and (3) refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality.
  3. From the Contribution Fund the custodian of the Fund shall pay to the Secretary of the Treasury such amounts and at such time or times as is provided under the terms of the agreement entered into under section 573 of this title and the Social Security Act.
  4. The Treasurer of the State shall be ex officio treasurer and custodian of the Contribution Fund and shall administer such fund in accordance with the provisions of this chapter.  The State Treasurer may appoint a director and other assistants as he or she may deem necessary to administer this chapter and fix their salaries, under the provisions of section 310 of this title, with the approval of the Governor.
  5. There are hereby authorized to be appropriated annually to the Contribution Fund, in addition to the contributions collected and paid into the Contribution Fund under sections 574 and 575 of this title, to be available for the purposes of subsections (b) and (c) of this section until expended, such additional sums as are found to be necessary in order to make the payments to the Secretary of the Treasury which the State is obligated to make pursuant to an agreement entered into under section 573 of this title.

    Amended 2003, No. 122 (Adj. Sess.), § 294c.

History

Source. 1953, No. 261 . 1951, No. 117 , § 6.

Reference in text. The Social Security Act, referred to in subsec. (c), is codified as 42 U.S.C. § 301 et seq.

2011 (Adj. Sess.). Deleted the repealed subdivision (e)(2) to conform to V.S.A. style.

Reference to "section 305" of this title in subsec. (d) changed to "section 310" to conform reference to renumbering of such section.

Reference to "paragraph (1) of this subsection" in subdiv. (e)(2) changed to "subdivision (1) of this subsection" to conform reference to V.S.A. style.

Amendments--2003 (Adj. Sess.) Subdivision (e)(2): Repealed.

§ 577. Regulations.

The State agency shall make and publish such rules and regulations, not inconsistent with the provisions of this chapter, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this chapter.

History

Source. 1951, No. 117 , § 7.

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

§ 578. Referenda and certification.

  1. The Governor is empowered to authorize a referendum in accordance with the requirements of Section 218(d)(3) of the Social Security Act or to authorize a vote to be held according to Section 218(d)(6)(C) and Section 218(d)(7) of the Social Security Act on the question of whether service in positions covered by a retirement system established by the State or by a political subdivision thereof should be excluded from or included under an agreement under this chapter, and to designate an agency or individual to supervise the conduct of such referendum or vote.  Where a vote is held according to Sections 218(d)(6)(C) and 218(d)(7) of the Social Security Act, the Retirement System shall be divided into two parts. One part, Part A, shall be composed of the positions of members who in such vote have expressed a desire to have their services in such positions included under the agreement and of the positions of all individuals who become members of such System after the agreement is extended to include the service of those members who have expressed a desire to be covered under the Social Security Act; and the other part, Part B, shall be composed of the positions of members who have not expressed a desire in such vote to have their services included under the agreement and the positions of any individual who was ineligible to be a member of such retirement system on August 1, 1956 or, if later, on the day he or she first occupied such position.  The notice of referendum required by Section 218(d)(3)(C) of the Social Security Act or the notice of the vote required by Section 218(d)(7)(B) of the Social Security Act shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the conduct of the referendum or the vote shall deem necessary and sufficient to inform individuals to whom such notice is given of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this chapter.
  2. Upon receiving evidence satisfactory to him or her that with respect to any such referendum or any such vote the conditions specified in Section 218(d)(3) or in Section 218(d)(7), respectively of the Social Security Act have been met, the Governor shall so certify to the Secretary of Health and Human Services.
  3. Where a Retirement System covers positions of employees of the State and positions of employees of one or more political subdivisions of the State, or covers positions of employees of two or more political subdivisions of the State, then, for purposes of this section, there may, in accordance with a determination by the State agency, be deemed to be a separate Retirement System with respect to any one or more of the political subdivisions concerned and, where the Retirement System covers positions of employees of the State, a separate Retirement System with respect to the State or with respect to the State and any one or more of the political subdivisions concerned.

    Amended 1963, No. 164 , § 2, eff. June 25, 1963.

History

Source. 1955, No. 241 , § 6. 1951, No. 117 , § 11.

Reference in text. Section 218 of the social security act, referred to in subsecs. (a) and (b), is codified as 42 U.S.C. § 418 et seq.

Revision note. Reference to "secretary of health, education and welfare" in subsec. (b) changed to "secretary of health and human services" to conform reference to transfer of functions and change of titles within federal government pursuant to section 509 of P.L. 96-88. See 20 U.S.C. § 3508.

Amendments--1963. Amended section generally.

§ 579. Warrant for State's share of contribution.

  1. Employees not members of a retirement system.  The Commissioner of Finance and Management is hereby directed to issue his or her warrant in favor of the Vermont State Treasurer, agent, for the amounts necessary to pay the State's share of the contribution due the federal government as the result of such agreement being made applicable to the services of employees of the State who are not members of a State retirement system.  The contribution of the State to cover members whose salaries are paid from other than the General Fund appropriation shall be paid from the department appropriation from which such members' salaries are paid.  It is further directed that after July 1, 1957, these amounts be charged back to the individual departmental appropriations.
  2. Members of Vermont Employees' Retirement System.  The Commissioner of Finance and Management is hereby directed to issue his or her warrant in favor of Vermont State Treasurer, agent, for the amounts necessary to pay the employer's share of the old age and survivors insurance tax due the federal government as the result of the coverage agreement authorized by this chapter being extended to employees of the State who are members of the Vermont Employees' Retirement System.  It is further directed that after July 1, 1957 this tax be charged back to the individual departmental appropriations.
  3. Members of Vermont State Retirement System.  The Commissioner of Finance and Management is hereby directed to issue his or her warrant in favor of Vermont State Treasurer, agent, for the amounts necessary to pay the employer's share of the old age and survivors insurance tax due the federal government as the result of the coverage agreement authorized by this chapter being extended to employees of the State who are members of the Vermont State Retirement System and who were not subject to the provisions of subsection (b) of this section as in effect on June 30, 1972.  It is further directed that after July 1, 1972 this tax be charged back to the individual departmental appropriations.

    Amended 1971, No. 231 (Adj. Sess.), § 3; 1983, No. 195 (Adj. Sess.), § 5(b).

History

Source. 1955, No. 241 , § 7. 1955, No. 242 , § 6. 1951, No. 117 , § 12.

Revision note. Substituted "commissioner of finance and management" for "commissioner of finance and information support" throughout the section in light of Executive Order No. 35-87, which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of that entity to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" wherever it appeared.

Amendments--1971 (Adj. Sess.). Subsection (c): Added.

CHAPTER 21. INSURANCE BENEFITS

Sec.

§ 631. Group insurance for State employees; salary deductions for insurance, savings plans, and credit unions.

    1. The Secretary of Administration may contract on behalf of the State with any insurance company or nonprofit association doing business in this State to secure the benefits of franchise or group insurance. Beginning July 1, 1978, the terms of coverage under the policy shall be determined under section 904 of this title, but it may include: (a) (1)  The Secretary of Administration may contract on behalf of the State with any insurance company or nonprofit association doing business in this State to secure the benefits of franchise or group insurance. Beginning July 1, 1978, the terms of coverage under the policy shall be determined under section 904 of this title, but it may include:
      1. life, disability, health, and accident insurance and benefits for any class or classes of State employees; and
      2. hospital, surgical, and medical benefits for any class or classes of State employees or for those employees and any class or classes of their dependents.
        1. As used in this section, the term "employees" includes any class or classes of elected or appointed officials, State's Attorneys, sheriffs, employees of State's Attorneys' offices whose compensation is administered through the State of Vermont payroll system, except contractual and temporary employees, and deputy sheriffs paid by the State of Vermont pursuant to 24 V.S.A. § 290(b) . The term "employees" shall not include members of the General Assembly as such, any person rendering service on a retainer or fee basis, members of boards or commissions, or persons other than employees of the Vermont Historical Society, the Vermont Film Corporation, the Vermont State Employees' Credit Union, Vermont State Employees' Association, and the Vermont Council on the Arts, whose compensation for service is not paid from the State Treasury, or any elected or appointed official unless the official is actively engaged in and devoting substantially full-time to the conduct of the business of his or her public office.
        2. For purposes of group hospital-surgical-medical expense insurance, the term "employees" shall include employees as defined in subdivision (i) of this subdivision (2)(A) and former employees as defined in this subdivision who are retired and are receiving a retirement allowance from the Vermont State Retirement System or the State Teachers' Retirement System of Vermont and, for the purposes of group life insurance only, are retired on or after July 1, 1961, and have completed 20 creditable years of service with the State before their retirement dates and are insured for group life insurance on their retirement dates.
        3. For purposes of group hospital-surgical-medical expense insurance only, the term "employees" shall include employees as defined in subdivision (i) of this subdivision (2)(A) and employees who are receiving a retirement allowance based upon their employment with the Vermont State Employees' Association, the Vermont State Employees' Credit Union, the Vermont Council on the Arts, as long as they are covered as active employees on their retirement date, and:

          they have at least 20 years of service with that employer; or

          have attained 62 years of age, and have at least 15 years of service with that employer.

      1. The premiums for extending insurance coverage to employees shall be paid in full by the Vermont Historical Society, the Vermont Film Corporation, the Vermont State Employees' Association, the Vermont State Employees' Credit Union, the Vermont Council on the Arts, or their respective retirees. Nothing herein creates a legal obligation on the part of the State of Vermont to pay any portion of the premiums required to extend insurance coverage to this group of employees.
    2. The term "dependents" shall include only an employee's spouse, or an employee's unmarried child.  However, no person may be covered both as an employee and as a dependent, and no person may be considered as a dependent of more than one employee.  The term "child" shall in addition to an employee's own or lawfully adopted children, include such stepchildren, foster children, children under adoptive supervisory placement, and other children as depend upon the employee for support and maintenance.
    3. , (5) [Repealed.]

      (6) The State Treasurer and Commissioner of Human Resources, with the approval of the Governor, shall deduct from a State employee's compensation such amounts for group insurance or assessments for benefits for dependents as defined in subdivision (3) of this subsection when so requested by the employee and shall apply the same forthwith to the cost of such benefits.

      (7) The State Treasurer and the Commissioner of Human Resources, with the consent of the Governor, shall deduct from any State employee's compensation such amounts as the employee may request for U.S. savings bonds, Vermont State Employees' Credit Union, any employee organization certified by the State Labor Relations Board as of July 1, 1977 so long as the employee organization retains that certification, or for charitable pledges or for other purposes as determined by the Governor or through collective bargaining and shall pay the same forthwith to the payee.

      (8) The provisions of this section shall include the employees in any or all State departments whether office employees or otherwise.

      (9) The amount of life insurance for any retired employee shall be reduced and limited to $10,000.00 on the date of his or her retirement. The provisions of this section shall apply to all retirees who complete 20 creditable years of service with the State before their retirement and are insured for group life insurance on their retirement dates. The total premiums for group life insurance provided under this section and section 632 of this title shall be paid by the State on behalf of employees retired in accordance with the terms of subdivision (2) of this subsection, on behalf of employees who are on sick leave without pay for a period not to exceed 12 months and on behalf of any employee on disability retirement until proof of total and permanent disability has been accepted by the insurance company.

  1. [Repealed.]
    1. At least every five years, the Secretary of Administration shall advertise for bids on the insurance contracts and shall award the contract to the person whose bid or quotation is in the best interest of the State. The Secretary of Administration may reject any bids or quotations and may request additional bids. Upon publication of the request for proposals, health care professional and trade associations may register with the Secretary of Administration to be provided a list of bidders. Such associations may then submit information about the business practices of the bidders for the Secretary of Administration to consider in the course of evaluating bids and request meetings with the Secretary to discuss the information. (c) (1)  At least every five years, the Secretary of Administration shall advertise for bids on the insurance contracts and shall award the contract to the person whose bid or quotation is in the best interest of the State. The Secretary of Administration may reject any bids or quotations and may request additional bids. Upon publication of the request for proposals, health care professional and trade associations may register with the Secretary of Administration to be provided a list of bidders. Such associations may then submit information about the business practices of the bidders for the Secretary of Administration to consider in the course of evaluating bids and request meetings with the Secretary to discuss the information.
    2. [Repealed.]
    3. At least annually, the Secretary shall hold discussions with established health care professional and trade associations in regard to provider regulation, provider reimbursement, or quality of health care.
  2. Notwithstanding any other provision of this section to the contrary and in addition to the powers and duties described in sections 2852 and 2853 of this title and 10 V.S.A. § 2603 , the Secretary of Natural Resources, through the Commissioner of Forests, Parks and Recreation, is authorized to expend funds for purposes of continuing employee medical insurance benefits provided to seasonal temporary State employees by their off-season employers. Any expenditure shall be subject to the following limitations:
    1. Funds may be paid either directly to the benefit provider or to the off-season employer as a reimbursement.
    2. The total amount paid for any temporary employee medical insurance reimbursement shall not exceed the costs of group medical benefits for a permanent State employee as determined by the Commissioner of Human Resources, and it shall be within the discretion of the Commissioner of Forests, Parks and Recreation to pay some lesser amount than the maximum.
    3. The Commissioner of Forests, Parks and Recreation shall establish written guidelines regarding the administration of this program, subject to the approval of the Commissioner of Human Resources.
    4. The amount expended by the Commissioner for this program shall be limited to the amount directly saved by the Department of Forests, Parks and Recreation on expenses, such as advertising, unemployment compensation, and training, as a result of encouraging the return to State seasonal employment by seasonal employees who have consistent off-season employment.

      Amended 1959, No. 170 , § 1; 1961, No. 99 , §§ 1-3; 1969, No. 68 , § 1; 1971, No. 85 , § 1; 1971, No. 191 (Adj. Sess.), § 8; 1973, No. 37 , § 2; 1973, No. 266 (Adj. Sess.), § 10, eff. June 23, 1974; 1975, No. 65 , §§ 2, 4; 1977, No. 109 , § 3, eff. July 3, 1977, § 33(f); 1977, No. 222 (Adj. Sess.), § 4, eff. July 2, 1978; 1979, No. 59 , §§ 11, 15; 1983, No. 195 (Adj. Sess.), § 5(b); 1993, No. 67 , § 1; 1995, No. 123 (Adj. Sess.), § 8, eff. June 6, 1996; 1997, No. 147 (Adj. Sess.), § 274a; 2001, No. 27 , § 1; 2001, No. 116 (Adj. Sess.), § 11a; 2003, No. 85 (Adj. Sess.), § 1, eff. April 6, 2004; 2003, No. 156 (Adj. Sess.), §§ 14, 15; 2005, No. 71 , § 192; 2005, No. 120 (Adj. Sess.), § 1; 2007, No. 7 , § 7; 2007, No. 13 , § 21; 2007, No. 7 1 , § 10; 2007, No. 116 (Adj. Sess.), § 7; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 172 (Adj. Sess.), § E.108.2, eff. June 8, 2016; 2017, No. 81 , § 2, eff. June 15, 2017.

History

Source. 1957, No. 247 , § 1. 1955, No. 203 , § 1. 1953, No. 167 , § 1. 1951, No. 11 . V.S. 1947, § 533. 1941, No. 207 , § 1.

2003 (Adj. Sess.). This section was amended by Acts No. 85 and 156 of the 2003 (Adj. Sess.). The language adopted in Act No. 156 incorporated all of the changes enacted in Act No. 85 as the latter adopted of the two is controlling.

Substituted "commissioner of finance and management" for "commissioner of finance and information support" in subdivs. (a)(6) and (7) in light of Executive Order No. 35-87, which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of that entity to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix.

Editor's note. 1995, No. 123 (Adj. Sess.), § 8, eff. June 6, 1996, provided for the amendment of subdivs. (6) and (7) of this section; however, the text purported to be amended by the act was contained in subdivs. (a)(6) and (7). Therefore, the amendment by 1995, No. 123 (Adj. Sess.), § 8, was implemented in those subdivisions.

Amendments--2017. Subdiv. (a)(2)(A): Amended generally.

Amendments--2015 (Adj. Sess.). Subdivs. (a)(6) and (7): Substituted "Commissioner of Human Resources" for "Commissioner of Finance and Management".

Amendments--2011 (Adj. Sess.). Subdivision (c)(2): Repealed.

Amendments--2007 (Adj. Sess.) Subdivision (a)(9): Substituted "$10,000.00" for "$5,000.00" in the first sentence.

Amendments--2007. Subdivisions (a)(6), (7): Substituted "commissioner of finance and management" for "commissioner of human resources".

Subdivision (a)(2)(A): Act 13 substituted "in this subdivision" for "herein"; inserted "former" preceding "employees" and "as defined in this subdivision" following "employees" in the second sentence.

Subsection (c): Act 71 redesignated former introductory paragraph as present subdiv. (1), and added the third and fourth sentences; and added present subdivs. (2) and (3).

Amendments--2005 (Adj. Sess.). Subsection (d): Added.

Amendments--2005. Subsection (b): Repealed.

Amendments--2003 (Adj. Sess.). Subdivision (a)(2)(B): Act No. 156 inserted "the Vermont historical society, the Vermont film corporation" preceding "the Vermont state employees' association"; deleted "group life and" preceding "group hospital-surgical-medical expense insurance"; substituted "state retirement system" for "employees' retirement system" and deleted "or the Vermont state police and motor vehicle inspectors' retirement system" thereafter.

Subdivision (a)(6): Substituted "commissioner of human resources" for "commissioner of personnel"; "apply" for "pay" and "cost of such benefits" for "insurance company or association".

Subdivision (a)(7): Substituted "commissioner of human resources" for "commissioner of personnel".

Subdivisions (d)(1)(B), (C): Substituted "commissioner of human resources" for "commissioner of personnel".

Amendments--2001 (Adj. Sess.). Subsection (d): Added.

Amendments--2001. Subdivision (a)(2): Amended generally.

Amendments--1997 (Adj. Sess.). Subsection (c): Substituted "five years" for "four years" in the first sentence.

Amendments--1995 (Adj. Sess.) Subsection (a): Substituted "commissioner of personnel" for "commissioner of finance and management" in subdivs. (6) and (7).

Amendments--1993. Subdivision (a)(9): Substituted "$5,000.00" for "$3,000.00" and inserted "or her" preceding "retirement" in the first sentence.

Amendments--1983 (Adj. Sess.). Subdivision (a)(6): Inserted "and information support" following "commissioner of finance".

Subdivision (a)(7): Inserted "and information support" following "commissioner of finance".

Amendments--1979. Subdivision (a)(2): Inserted "the Vermont council on the arts" preceding "and the Vermont state housing authority" in the first sentence.

Subdivision (a)(9): Added.

Amendments--1977 (Adj. Sess.). Subdivision (a)(2): Inserted "Vermont state employees credit union, Vermont state employees association and the Vermont state housing authority" preceding "whose compensation" in the first sentence.

Amendments--1977. Subdivision (a)(1): Amended generally.

Subdivision (a)(2): Substituted "creditable" for "successive" preceding "years of service" in the second sentence.

Subdivision (a)(3): Inserted "children under adoptive supervisory placement" following "foster children", substituted "maintenance" for "live with the employee in a regular parent-child relationship" following "support and" and made minor changes in style in the third sentence.

Subdivision (a)(4): Section 3 of Act 109 purported to amend this subdivision which had already been repealed by section 33(f).

Subdivision (a)(5): Section 3 of Act 109 purported to amend this subdivision which had already been repealed by section 33(f).

Subdivision (a)(7): Amended generally.

Subsection (c): Amended generally.

Amendments--1975. Subdivision (a)(1): Amended generally.

Subsection (c): Added.

Amendments--1973 (Adj. Sess.). Subdivision (a)(5): Amended generally.

Amendments--1973. Subdivision (a)(2): Inserted "other than employees of the Vermont historical society" preceding "whose compensation" in the first sentence and substituted "20" for "twenty" preceding "successive years" in the second sentence.

Amendments--1971 (Adj. Sess.). Subdivision (a)(1): Amended generally.

Amendments--1971. Subdivision (a)(4): Amended generally.

Amendments--1969. Subsection (a): Amended generally.

Amendments--1961. Subdivision (a)(2): Rewrote the second sentence.

Subdivision (a)(4): Amended generally.

Subdivision (a)(5): Inserted "retired in accordance with section (1) of this act" preceding "on behalf of employees who are on sick leave" and "on behalf of any employee" preceding "on disability retirement" in the first sentence.

Amendments--1959. Subdivision (a)(1): Substituted "trustees" for "directors" preceding "may contract".

Subdivision (a)(4): Substituted "$3,000.00" for "a flat amount of $2,000.00" following "shall be" and "$3,000.00" for "flat $2,000.00" preceding "amount herein" and made minor changes in phraseology.

Subdivision (a)(5): Substituted "forty cents per month per $1,000.00 of insurance" for "fifty cents per thousand per month" preceding "and the state" in the second sentence and added "of the premium for such insurance" following "balance" at the end of that sentence.

Subdivision (a)(7): Inserted "or for other purposes" following "credit union" and made minor changes in style.

Transfer of rules, positions, and appropriations. 2007, No. 7 , § 6, provides: "(a) The rules of the department of human resources relating to payroll functions in effect on the effective date of this act shall be the rules of the department of finance and management until amended or repealed by that department. All references in those rules to the 'commissioner' and the 'department of human resources' shall be deemed to refer to the 'commissioner of finance and management' and the 'department of finance and management' respectively.

"(b) All employees, professional and support staff, consultants, positions, and equipment and the remaining balances of all appropriations for personal services and operating expenses for payroll functions are transferred from the department of human resources to the department of finance and management."

ANNOTATIONS

Analysis

1. Nonclassified employees.

Classified employee who is appointed in nonclassified position is an employee as defined by this section and retains his insurance benefits while in such nonclassified position. 1962-64 Op. Atty. Gen. 157.

2. Other insurance.

When a department which has a separate insurance policy for its employees is incorporated into another state agency whose employees are covered under the general state employees group coverage, employees who have elected coverage under the separate policy may continue under that policy. 1970-72 Op. Atty. Gen. 193.

An employee of a department which held group insurance for the benefit of its employees prior to February 23, 1951, is not prohibited from being insured under his department's plan and under the general state employees group plan. 1956-58 Op. Atty. Gen. 50.

3. Source of salary.

Employees of department of health, whether their salaries are in part paid or contributed to by way of reimbursement from federal funds, are equally entitled to participate in the group life insurance provided for in 1953, No. 167 . 1952-54 Op. Atty. Gen. 195.

4. Vermont historical society.

Employees of the Vermont historical society could not be included in the state medical insurance program, as they are not state employees. 1970-72 Op. Atty. Gen. 255, [Issued prior to 1973 amendment.]

§ 632. Charge against department appropriations.

The Commissioner of Finance and Management is directed to charge back against the individual departmental appropriations in all funds the amount certified by voucher of the Commissioner of Human Resources to be necessary to pay the State's share of the employees' group life and group hospital-surgical medical insurance. In the case of retired employees, the State's share shall be paid from the respective Retirement Systems.

Amended 1983, No. 195 (Adj. Sess.), § 5(b); 1995, No. 123 (Adj. Sess.), § 1, eff. June 6, 1996; 2003, No. 156 (Adj. Sess.), § 15.

History

Source. 1957, No. 247 , § 2. 1955, No. 203 , § 2. 1953, No. 167 , § 3.

Revision note. Substituted "commissioner of finance and management" for "commissioner of finance and information support" in the first sentence in light of Executive Order No. 35-87, which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of that entity to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix.

Amendments--2003 (Adj. Sess.). Substituted "commissioner of human resources" for "commissioner of personnel".

Amendments--1995 (Adj. Sess.) Inserted "certified by voucher of the commissioner of personnel to be" following "amount" in the first sentence.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance".

§ 633. Deduction of premium from retirement allowance.

When a State employee is retired under the Vermont Employees' Retirement System and at such time is, under the provision of section 631 of this title, receiving the benefits of group insurance which provides for continuing the insurance after retirement, or is receiving the benefits of any group insurance policy as defined by 8 V.S.A. chapter 107, said employee may in writing, direct the State Treasurer to deduct from his or her monthly retirement allowance his or her premium therefor notwithstanding any prohibition against assignment contained in chapter 16, subchapter 1 of this title.

Amended 1993, No. 34 , § 1.

History

Source. 1955, No. 93 . 1953, No. 61 .

Revision note. Reference to "chapter 15" changed to "chapter 16" in view of repeal of the former and enactment of the latter covering the same subject matter.

Amendments--1993 amendment. Substituted "employees"' for "employees" following "Vermont" and inserted "or is receiving the benefits of any group insurance policy as defined by chapter 107 of Title 8," preceding "said employee" and "or her" following "his" in two places.

§ 634. Repealed. 2011, No. 75 (Adj. Sess.), § 80, eff. March 7, 2012.

History

Former § 634. Former § 634, relating to appropriations, was derived from 1961, No. 99 , § 4.

§ 635. Coverage; beneficiaries of deceased retirees.

  1. The surviving spouse of a retired employee who elected option 3 or option 4 under section 468 of this title shall be eligible to participate in the group health insurance program provided in this chapter. Premiums shall be paid at the full actuarial rate by the eligible spouse with no contribution from the State, except as specified in subsection (b) of this section and subsection 479(e) of this title, and shall be deducted from the eligible spouse's retirement check.
  2. Premiums paid by the surviving spouse of a retired employee who retired due to disability after January 1, 1998 and died prior to age 65, and the surviving dependents of an employee who died in service after January 1, 1998 who are eligible for continued medical benefits pursuant to sections 464 and 465 of this title and subsection (a) of this section, shall be prorated on the same basis as is provided for active employees by the current collective bargaining agreement for the nonmanagement unit. The covered survivors may continue coverage subject to the rules of the medical plan, by paying this prorated share, until the survivor becomes eligible for coverage under another group medical plan, or another plan offered by the State or federal government becomes eligible for Medicare or adds a spouse to the coverage. If the survivor becomes eligible for coverage under another group medical plan, coverage shall terminate. If the surviving spouse becomes eligible for Medicare or adds a spouse to the coverage, he or she may continue coverage by paying the full actuarial rate with no contribution from the State, in the same manner as surviving spouses of nondisability retirees pursuant to subsection (a) of this section.
    1. Notwithstanding any other provision of this chapter concerning eligibility for health insurance, the surviving spouse and surviving dependents of an active State employee who dies prior to retirement shall be entitled to continue group health insurance coverage if the Board of Trustees of the Vermont State Employees' Retirement System finds on the basis of such evidence as may come before it that: (c) (1)  Notwithstanding any other provision of this chapter concerning eligibility for health insurance, the surviving spouse and surviving dependents of an active State employee who dies prior to retirement shall be entitled to continue group health insurance coverage if the Board of Trustees of the Vermont State Employees' Retirement System finds on the basis of such evidence as may come before it that:
      1. the employee died as a result of the willful or reckless act of a third party that was motivated by the employee's status as a governmental employee or by the employee's performance of official duties;
      2. the employee was participating in either the Vermont State Employees' Retirement System or the State of Vermont Defined Contribution Retirement Plan at the time of the employee's death; and
      3. the surviving spouse or surviving dependents were covered by the State group health insurance plan at the time of the employee's death.
    2. The terms of continuing coverage, including the calculation of premiums to be paid by the surviving spouse and surviving dependents and the termination of coverage, shall be in accordance with the provisions of subsection (b) of this section; provided, however, that eligibility for a dependent child shall terminate when the child has attained 18 years of age, or 23 years of age in the case of a dependent student, or such later age as may be required by federal law.

      Added 1981, No. 91 , § 23, eff. July 5, 1981; amended 1997, No. 89 (Adj. Sess.), § 12, eff. April 13, 1998; 2013, No. 22 , § 9; 2015, No. 114 (Adj. Sess.), § 5.

History

Amendments--2015 (Adj. Sess.). Subsec. (c): Added.

Amendments--2013. Subsection (a): Inserted "and subsection 479(e) of this title" following "section".

Amendments--1997 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), added "except as specified in subsection (b) of this section" in the second sentence of that subsection and added subsec. (b).

§ 635a. Repealed. 2013, No. 144 (Adj. Sess.), § 24 and 2013, No. 179 (Adj. Sess.), § E.126.1, effective June 9, 2014.

History

Former § 635a. Former § 635a, relating to legislators and session-only legislative employees eligible to purchase State Employees Health Benefit Plan at full cost, was derived from 1985, No. 225 (Adj. Sess.), § 24 and amended by 1989, No. 67 , § 14 and 2001, No. 142 (Adj. Sess.), § 51b.

§ 636. Retired Employees' Committee on Insurance; membership; duties.

  1. The Retired Employees' Committee on Insurance is hereby created. The Committee shall consist of six members, three to be selected by the Secretary of Administration, at least two of whom shall be retired State employees, and three to be selected by the Vermont State Employees' Association, at least one of whom shall be a retired State employee. Members shall serve for terms of two years. The Commissioner of Human Resources shall be an ex officio member of the Committee.
  2. The Committee shall elect a chair from among its members and shall meet periodically at the call of the Chair or at the request of any three of its members.  Meetings shall be held at least twice a year.
  3. The Committee shall review the health insurance benefits available to retired employees through the State.  It shall make whatever recommendations it deems appropriate to the Secretary of Administration on the existing plan and on any changes under consideration. Recommendations shall be made prior to the bidding process conducted under subsection 631(c) of this title.
  4. The Committee may represent the interests of retired persons in respect to complaints or questions about their insurance benefits.
  5. Members of the Committee shall serve on a voluntary basis and shall not be entitled to per diem compensation or compensation for expenses.
  6. The Committee shall recommend to the State Treasurer the original plan of dental benefits for retired members and any subsequent changes to the plan. The State Treasurer shall be responsible for plan administration, including determining the plan administrator, determining plan benefits, determining eligibility, and setting premium rates. The Office of State Treasurer shall be reimbursed from the premiums collected for the plan for any reasonable additional costs incurred for the administration and maintenance of the plan.

    Added 1981, No. 168 (Adj. Sess.), § 1; amended 2003, No. 156 (Adj. Sess.), § 15; 2005, No. 163 (Adj. Sess.), § 5.

History

Amendments--2005 (Adj. Sess.). Subsection (f): Added.

Amendments--2003 (Adj. Sess.). Subsection (a): Substituted "commissioner of human resources" for "commissioner of personnel".

§ 637. Dental coverage; members of the General Assembly; buy-in.

  1. A member of the General Assembly and a session employee of the General Assembly or the Office of Legislative Counsel shall be eligible to participate in any group dental insurance program negotiated in a collective bargaining agreement with State employees. Premiums shall be paid by the legislator or employee at the full actuarial rate with no contributions from the State and shall be deducted from compensation due for services rendered during the legislative session or assessed and paid directly by the legislator or employee.
  2. A person who elects to participate in the group dental insurance program pursuant to this section shall notify the program's administrator, in writing, of such election. The enrollment period for persons electing pursuant to this section shall correspond with the enrollment period for State employees.

    Added 2015, No. 172 (Adj. Sess.), § E.126.1, eff. June 8, 2016.

History

2020. In subsec. (a), substituted "Office of Legislative Counsel" for "Legislative Council" in accordance with 2019, No. 144 (Adj. Sess.), § 12(1).

CHAPTER 22. DEFERRED COMPENSATION PROGRAMS

Sec.

History

Retroactive effective date of enactment. 1973, No. 175 (Adj. Sess.), § 2, provided: "This act [which added this chapter] shall take effect July 1, 1973."

§ 650. Definitions.

The following definitions shall apply throughout this chapter unless the context requires otherwise:

  1. "Deferred compensation agreement" means any agreement authorized by this chapter entered into between a public agency and an employee of that agency providing for a reduction in the employee's compensation in return for the agency's promise to make deferred payments in the future.
  2. "Employee" means any employee of a public agency whether appointed, elected or under contract to whom compensation is paid.
  3. "Other public agency" means a public agency described in subdivision (4)(B) or (C) of this section.
  4. "Public agency" means:
    1. the State, acting as a single unit employer on behalf of the General Assembly and State agencies, departments, boards, or commissions;
    2. a county or municipality as defined in 24 V.S.A. § 4303(12) ; and
    3. a school district as defined in 16 V.S.A. § 11(a)(10) or a supervisory union as defined in 16 V.S.A. § 11(a)(23) .
  5. "State Board" means the Vermont State Retirement Board.
  6. "Teachers' Board" means the Vermont State Teachers' Retirement Board.

    Added 1973, No. 175 (Adj. Sess.), eff. July 1, 1973; amended 1979, No. 59 , § 16; 1997, No. 68 (Adj. Sess.), § 5, eff. March 1, 1998; 2007, No. 162 (Adj. Sess.), § 1, eff. May 20, 2008.

History

2010. In subdiv. (4)(B), substituted "24 V.S.A. § 4303(12)" for "24 V.S.A. § 4303(4)" to correct an error in the reference.

Amendments--2007 (Adj. Sess.) Deleted former subdiv. (1), redesignated former subdivs. (2) and (3) as present subdivs. (1) and (2), added new subdivs. (3), (5), and (6), made minor grammatical changes in subdiv. (4) and added "or a supervisory union as defined in subdivision 11(a)(23) of Title 16" at the end of subdiv. (4)(C).

Amendments--1997 (Adj. Sess.). Added a new subdiv. (1) and redesignated former subdivs. (1) through (3) as subdivs. (2) through (4).

Amendments--1979. Subdivision (3): Amended generally.

§ 651. Deferred compensation plans authorized.

  1. Subject to collective bargaining rights of employees involved, the State or any county, municipality, school district, or supervisory union may, through any public agency, enter into a contractual agreement with any employee of that agency to defer, in whole or in part, that employee's compensation. Payroll reductions shall be made, in each instance, by the appropriate payroll officer.
  2. The State Board may establish and administer a plan that conforms with Section 457 of the Internal Revenue Code for the purpose of providing a deferred compensation program for State employees, including members of the General Assembly, and for the employees of other public agencies that elect to participate in the State plan.
  3. Other public agencies may establish and administer a plan for the purpose of providing a deferred compensation program for their employees.
  4. The State Board and other public agencies, which have or will establish a deferred compensation plan, shall create a trust to conform with the appropriate sections of the Internal Revenue Code. The Teachers' Board may create an investment program that will provide public agencies set forth in subdivision 650(4)(C) of this title operating plans under Section 403(b) of the Internal Revenue Code with investment options.
  5. All assets and income which have been or shall be deposited pursuant to this chapter by the State of Vermont or other public agencies shall be held in trust in any funding vehicle permitted by Section 403(b) and Section 457 of the Internal Revenue Code for the exclusive benefit of the plans' participants and their beneficiaries until such time as the funds are distributed to the participant or the beneficiary of the participant in accordance with the terms of the deferred compensation plan.
  6. For state employees, including members of the General Assembly, the State Board shall be the trustees of the deferred compensation plan that conforms to Section 457 of the Internal Revenue Code, and the State Treasurer shall be the custodian of the funds in the trust. All payments from the funds shall be made by the State Treasurer or the Treasurer's authorized agent. An investment program established by the Teachers' Board shall be optional for public agencies set forth in subdivision 650(4)(C) of this title. The public agency shall be the trustees of its plans created under Section 403(b) of the Internal Revenue Code.
  7. Any political subdivision administering a plan as a trust shall be required to name one or more persons as trustees of such plan, and to establish provisions relating to the removal or resignation of a trustee, the appointment of a successor and the methods by which the trustee may take necessary action as required under the plan.

    Added 1973, No. 175 (Adj. Sess.), § 1, eff. July 1, 1973; amended 1979, No. 59 , §§ 17, 17a; 1997, No. 68 (Adj. Sess.), § 6, eff. March 1, 1998; 2007, No. 162 (Adj. Sess.), § 2, eff. May 20, 2008.

History

Reference in text. Section 457 of the Internal Revenue Code, referred to in this section, is codified as 26 U.S.C. § 457.

Revision note. In subsec. (b), added colon following "may" and deleted language thereafter which was identical to that of subdiv. (1) to correct an apparent typographical error.

Amendments--2007 (Adj. Sess.) Subsection (a): Deleted "state" preceding "employees", inserted "or supervisory union" following "school district" and made a minor change in punctuation in the first sentence.

Subsection (b): Inserted "state" preceding "board" and "that conforms with Section 457 of the Internal Revenue Code" following "plan".

Subsection (d): Amended generally.

Subsection (e): Substituted "deposited pursuant to this chapter" for "withheld or deferred", and "other public agencies" for "its political subdivisions" and inserted "Section 403(b) and" preceding "Section 457" and made a minor grammatical change.

Subsection (f): Inserted "state" preceding "board" and "that conforms to Section 457 of the Internal Revenue Code" following "plan" in the first sentence, substituted "the funds" for "such funds" in the second sentence, and added the third sentence.

Amendments--1997 (Adj. Sess.). Rewrote subsec. (b), eliminating subdivs. (b)(1) and (2), rewrote subsec. (c), and added subsecs (d) through (g).

Amendments--1979. Subsection (b): Amended generally.

Subsection (c): Added.

§ 652. Taxation.

Any deferred compensation agreement shall be in accordance with the requirements of the rulings and regulations of the Internal Revenue Service and as such any sum deferred shall not be subject to taxation until distribution is actually made or made available to the employee.

Added 1973, No. 175 (Adj. Sess.), eff. July 1, 1973.

§ 653. Supplementary payments.

Any deferred compensation agreement made pursuant to this chapter shall be in addition to any retirement, pension or benefit programs otherwise available to employees of the public agency entering into the agreement. Furthermore, the current compensation of any employee agreeing to a current reduction under subsection 651(a) of this title shall be deemed to include the amount of any such reduction for the purpose of determining the employee's benefits under any retirement, pension or benefit programs otherwise available to the employee.

Added 1973, No. 175 (Adj. Sess.), eff. July 1, 1973.

CHAPTER 23. RULES, REGULATIONS, AND EXECUTIVE ORDERS

Sec.

§§ 701-704. Repealed. 1967, No. 360 (Adj. Sess.), § 18, eff. Feb. 1, 1969.

History

Former §§ 701-704. Former § 701, relating to definitions, was derived from 1961, No. 205 , § 3. The subject matter is now covered by § 801 of this title.

Former § 702, relating to compilation of rules, was derived from 1961, No. 205 , § 4. The subject matter is now covered by § 847 of this title.

Former § 703, relating to filing of rules, was derived from 1961, No. 205 , § 5. The subject matter is now covered by § 843 of this title.

Former § 704, relating to executive orders, was derived from 1961, No. 205 , § 6. The subject matter is now covered by § 2002 of this title.

CHAPTER 25. ADMINISTRATIVE PROCEDURE

History

Severability of enactment. 1967, No. 360 (Adj. Sess.), § 16, provided: "If any provision of this act which added §§ 801-816 of this chapter and repealed §§ 701-704 of this title or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and for this purpose the provisions of this act are severable".

Cross References

Cross references. Appeals from decisions of governmental agencies, see V.R.C.P. 74.

Exemption of rules adopted for the regulation of the mortgage credit certificate program from the requirements of this chapter, see 10 V.S.A. § 628.

Interpreters for persons with hearing impairments during administrative proceedings, see 1 V.S.A. § 331 et seq.

Municipal Administrative Procedure Act, see 24 V.S.A. § 1201 et seq.

ANNOTATIONS

Analysis

1. Construction.

Since this chapter is remedial in nature it is entitled to a liberal construction. 1968-70 Op. Atty. Gen. 159.

2. Construction with other laws.

Vermont's Land Use and Development Act and this chapter are in pari materia and must thus be construed with reference to each other as parts of one system. In re Preseault, 130 Vt. 343, 292 A.2d 832 (1972).

3. Law governing.

This chapter must be followed in all cases to which it is applicable notwithstanding there may be previously enacted laws covering a particular case. 1968-70 Op. Atty. Gen. 159.

4. Application.

Where a petition for extraordinary relief was brought by a teacher against school board for failure to renew her teaching contract, the jurisdictional basis for the petition, although not explicitly cited by the teacher, was V.R.C.P. 75, governing review of governmental action, and V.R.C.P. 74, governing appeals from decisions of governmental agencies in contested cases, was inapplicable both because review in the case was not provided for by statute, and because this chapter does not apply to school boards. Burroughs v. West Windsor Board of School Directors, 141 Vt. 234, 446 A.2d 377 (1982).

5. Review.

Under the statute governing denial of state disability retirement benefits and the Vermont Administrative Procedure Act, the proper avenue for an appeal from a State Retirement Board decision is an appeal directly to the Vermont Supreme Court. Accordingly, the superior court properly dismissed for lack of jurisdiction a claimant's action under the rule allowing review of governmental action. Moran v. Vt. State Ret. Bd., 200 Vt. 354, 131 A.3d 212 (2015).

Issue of authentication of regulation that deer must be immediately tagged upon taking was not considered on appeal where defendant never properly put in issue whether the regulation was authentic, properly promulgated, or within the power of the fish and wildlife board to promulgate. State v. Sullivan, 154 Vt. 437, 578 A.2d 639 (1990).

6. Adoption of rules.

Rules of Real Estate Commission were not adopted in violation of this chapter; although published summaries did not contain text of proposed rules, there was sufficient information to alert interested parties as to the general topic of the rules, a telephone number for additional information was listed, and plaintiff realtors association had full opportunity to respond to rules at all stages of the rule making process. Vermont Association of Realtors, Inc. v. State, 156 Vt. 525, 593 A.2d 462 (1991).

Cited. Bookstaver v. Town of Westminster, 131 Vt. 133, 300 A.2d 891 (1973); State v. Mills, 133 Vt. 15, 328 A.2d 410 (1974); Vermont State Employees Association v. State, 134 Vt. 195, 357 A.2d 125 (1976); Byrd v. Kehoe, 136 Vt. 204, 388 A.2d 834 (1978); In re Juster Associates, 136 Vt. 577, 396 A.2d 1382 (1978); Harvey v. Town of Waitsfield, 137 Vt. 80, 401 A.2d 900 (1979); Amodeo v. Town of Readsboro, 137 Vt. 105, 401 A.2d 902 (1979); Burroughs v. West Windsor Board of School Directors, 138 Vt. 575, 420 A.2d 861 (1980); In re Judy Ann's Inc., 143 Vt. 228, 464 A.2d 752 (1983); In re Central Vermont Railway, 148 Vt. 177, 530 A.2d 579 (1987); In re Town of Sherburne, 154 Vt. 596, 581 A.2d 274 (1990); Brody v. Barasch, 155 Vt. 103, 582 A.2d 132 (1990); In re Maple Tree Place, 156 Vt. 494, 594 A.2d 404 (1991); LaFaso v. Patrissi, 161 Vt. 46, 633 A.2d 695 (1993).

Subchapter 1. General Provisions

History

Subchapter designation. 2017, No. 156 (Adj. Sess.), § 2 added the Subchapter 1 heading; § 3 of the act designated Subchapter 1 as comprising §§ 800-808 of this chapter.

§ 800. Purpose.

The General Assembly intends that:

  1. Agencies maximize the involvement of the public in the development of rules.
  2. Agency inclusion of public participation in the rulemaking process should be consistent.
  3. Agencies write rules so that they are clear and accessible to the public.
  4. When an agency adopts rules, it subjects the rules to thorough regulatory analysis.
  5. The General Assembly should articulate, as clearly as possible, the intent of any legislation that delegates rulemaking authority.
  6. When an agency adopts policy, procedures, or guidance, it shall not do so to supplant or avoid the adoption of rules.

    Added 1999, No. 146 (Adj. Sess.), § 2; amended 2017, No. 156 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Substituted "rulemaking process" for "rule-making processes" in subdiv. (2); added subdivs. (3) and (4); in subdiv. (6), substituted "policy, procedures, or guidance, it shall not" for "policy or procedures, it should not"; and made related and stylistic changes throughout.

§ 801. Short title and definitions.

  1. This chapter may be cited as the "Vermont Administrative Procedure Act."
  2. As used in this chapter:
    1. "Agency" means a State board, commission, department, agency, or other entity or officer of State government, other than the Legislature, the courts, the Commander in Chief, and the Military Department, authorized by law to make rules or to determine contested cases.
    2. "Contested case" means a proceeding, including but not restricted to rate-making and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing.
    3. "License" includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law.
    4. "Licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.
    5. "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.
    6. "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.
    7. "Practice" means a substantive or procedural requirement of an agency, affecting one or more persons who are not employees of the agency, that is used by the agency in the discharge of its powers and duties. The term includes all such requirements, regardless of whether they are stated in writing.
    8. "Procedure" means a practice that has been adopted in writing, either at the election of the agency or as the result of a request under subsection 831(b) of this title. The term includes any practice of any agency that has been adopted in writing, whether or not labeled as a procedure, except for each of the following:
      1. a rule adopted under sections 836-844 of this title;
      2. a written document issued in a contested case that imposes substantive or procedural requirements on the parties to the case;
      3. a statement that concerns only:
        1. the internal management of an agency and does not affect private rights or procedures available to the public;
        2. the internal management of facilities that are secured for the safety of the public and the individuals residing within them; or
        3. guidance regarding the safety or security of the staff of an agency or its designated service providers or of individuals being provided services by the agency or such a provider;
      4. an intergovernmental or interagency memorandum, directive, or communication that does not affect private rights or procedures available to the public;
      5. an opinion of the Attorney General; or
      6. a statement that establishes criteria or guidelines to be used by the staff of an agency in performing audits, investigations, or inspections, in settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution, or settlement of cases, if disclosure of the criteria or guidelines would compromise an investigation or the health and safety of an employee or member of the public, enable law violators to avoid detection, facilitate disregard of requirements imposed by law, or give a clearly improper advantage to persons that are in an adverse position to the State.
    9. "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy and that has been adopted in the manner provided by sections 836-844 of this title.
    10. "Incorporation by reference" means the use of language in the text of a regulation that expressly refers to a document other than the regulation itself.
    11. "Adopting authority" means, for agencies that are attached to the Agencies of Administration, of Commerce and Community Development, of Natural Resources, of Human Services, and of Transportation, or any of their components, the secretaries of those agencies; for agencies attached to other departments or any of their components, the commissioners of those departments; and for other agencies, the chief officer of the agency. However, for the procedural rules of boards with quasi-judicial powers, for the Transportation Board, for the Vermont Veterans' Memorial Cemetery Advisory Board, and for the Fish and Wildlife Board, the chair or executive secretary of the board shall be the adopting authority. The Secretary of State shall be the adopting authority for the Office of Professional Regulation.
    12. "Small business" means a business employing no more than 20 full-time employees.
      1. "Arbitrary," when applied to an agency rule or action, means that one or more of the following apply: (13) (A) "Arbitrary," when applied to an agency rule or action, means that one or more of the following apply:
        1. There is no factual basis for the decision made by the agency.
        2. The decision made by the agency is not rationally connected to the factual basis asserted for the decision.
        3. The decision made by the agency would not make sense to a reasonable person.
      2. The General Assembly intends that this definition be applied in accordance with the Vermont Supreme Court's application of "arbitrary" in Beyers v. Water Resources Board, 2006 VT 65, and In re Town of Sherburne, 154 Vt. 596 (1990).
    13. "Guidance document" means a written record that has not been adopted in accordance with sections 836-844 of this title and that is issued by an agency to assist the public by providing an agency's current approach to or interpretation of law or describing how and when an agency will exercise discretionary functions. The term does not include the documents described in subdivisions (8)(A) through (F) of this section.
    14. "Index" means a searchable list of entries that contains subjects and titles with page numbers, hyperlinks, or other connections that link each entry to the text or document to which it refers.

      Added 1967, No. 360 (Adj. Sess.), § 1, eff. July 1, 1969; amended 1981, No. 82 , § 1; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 56 , § 1; 1985, No. 269 (Adj. Sess.), § 4; 1987, No. 76 , § 18; 1989, No. 69 , § 2, eff. May 27, 1989; 1989, No. 250 (Adj. Sess.), § 88; 2001, No. 149 (Adj. Sess.), § 46, eff. June 27, 2002; 2017, No. 113 (Adj. Sess.), § 3; 2017, No. 156 (Adj. Sess.), § 2.

History

2015. In subdiv. (b)(11), substituted "chair" for "chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--2017 (Adj. Sess.). Subdiv. (b)(8): Act No. 156 substituted "practice that has been adopted in writing, either at the election" for "practice which has been adopted in the manner provided in section 835 of this title, either at the election" and added the second sentence.

Subdivs. (b)(8)(A)-(F): Added by Act No. 156.

Subdiv. (b)(11): Act No. 113 substituted "Commerce and Community Development" for "Development and Community Affairs" in the first sentence.

Subdivs. (b)(13)-(b)(15): Added by Act No. 156.

Amendments--2001 (Adj. Sess.) Subsection (b)(9): Substituted "and" for "or a practice", "sections 836-844" for "sections 836-846" and deleted "either as the result of a requirement of law or as the result of a request under section 831(c) of this title".

Amendments--1989 (Adj. Sess.). Subdivision (b)(11): Added the third sentence.

Amendments--1989. Subdivision (b)(11): Inserted "for the Vermont Veterans' Memorial Cemetery advisory board" following "Transportation Board" in the second sentence.

Amendments--1987. Subdivision (b)(11): Substituted "Natural Resources" for "Environmental Conservation" preceding "Human Services".

Amendments--1985 (Adj. Sess.). Subdivision (b)(11): Inserted "for the transportation board" following "quasi-judicial powers" in the second sentence.

Amendments--1985. Subdivision (b)(12): Added.

Amendments--1983 (Adj. Sess.). Subdivision (b)(11): Substituted "wildlife" for "game" following "fish and" in the second sentence.

Amendments--1981. Amended section generally.

ANNOTATIONS

Analysis

1. Construction with other laws.

Given the definition of a contested case under subsection (b)(2) of this section, unless a hearing by agency is required by statute or regulation, there is no right to judicial review under section 815(a) of this title even if administrative decision is rendered. Barringer v. Griffes, 964 F.2d 1278 (2d Cir. 1992).

Where persons seeking to be made parties in land use development permit hearing came under none of the land use statute requirements for party status, this section's definition of a party as, inter alia, a person properly seeking and entitled as of right to be admitted as a party could not be read with the land use statute to confer party status. In re Great Eastern Building Co., 132 Vt. 610, 326 A.2d 152 (1974).

2. Agency.

Board of Bar Examiners is an arm of the supreme court and not an "agency" for purposes of this chapter. Widschwenter v. Board of Bar Examiners, 151 Vt. 218, 559 A.2d 674 (1989).

Although the University of Vermont is an instrumentality and agent of the state, the legislature did not intend it to be subject to the types of procedures that govern state administrative agencies; therefore, the university is not an "agency" as defined by subdivision (b)(1) of this section. Sprague v. University of Vermont, 661 F. Supp. 1132 (D. Vt. 1987).

City council is not an agency as defined in this section. City of Winooski v. Vincent, 137 Vt. 252, 402 A.2d 1192 (1979).

Commissioner of Taxes is an agency within meaning of this section. Town of West Rutland v. State Highway Board, 130 Vt. 91, 286 A.2d 285 (1971).

The board of trustees of the Vermont State library satisfy the definitions of agency contained in this section. 1968-70 Op. Atty. Gen. 159.

3. Contested case.

Claim for State disability retirement benefits was a "contested case" within the meaning of the Vermont Administrative Procedure Act because the retirement board was required to give the claimant a hearing to determine whether the claimant had a right to disability retirement benefits. Moran v. Vt. State Ret. Bd., 200 Vt. 354, 131 A.3d 212 (2015).

Because contested cases relate only to the legal rights, duties, or privileges of the specific parties to the case, a contested case was inappropriate for creation of the type of broad, general procedures sought by customers for governing statewide utility diversion issues. Beaupre v. Green Mountain Power Corp., 172 Vt. 583, 776 A.2d 424 (2001).

Because plaintiffs were not parties to State agency's decision to grant encroachment permit allowing town's construction of bridge, plaintiffs could not register demand for a contested case hearing, and their claim asserting violation of Vermont Administrative Procedures Act was therefore properly dismissed. Parker v. Town of Milton, 169 Vt. 74, 726 A.2d 477 (1998).

The Superior Court's rulings were accurate and important to the overall disposition of the air pollution issues: first, it correctly articulated that V.R.C.P. 74 was amended to extend its coverage to all cases when review of agency action is provided by law in the Superior Court, whether or not involving a contested case; and second, the review of the agency decision would occur based on the record of the agency, with some deference given to the agency's determination. Conservation Law Foundation v. Burke, 162 Vt. 115, 645 A.2d 495 (1993).

Where Board of Examiners was not required by bar admission rules to conduct a hearing to review a request for waiver of filing requirements, petitioner's request for a waiver was not a "contested case" as defined in subdivision (b)(2) of this section. Widschwenter v. Board of Bar Examiners, 151 Vt. 218, 559 A.2d 674 (1989).

Where, in response to a proposed contract submitted by a non-profit hospital service corporation in accordance with the terms of prior orders relating to a requested rate increase, the Commissioner of Banking and Insurance issued a directive, without a prior hearing, which contained "required modifications" to substantive provisions of the proposed contract, since it was reasonable to conclude that the required modifications would have to be made before the corporation could expect the Commissioner's approval of its rate increase request, the order was a contested case in which the Commissioner made a determination of the corporation's legal duties, and was invalid because it was issued without a prior hearing. In re Vermont Health Service Corp., 144 Vt. 617, 482 A.2d 294 (1984).

The presence of a right, duty or privilege within the definition of a contested case in this section is questionable in the case of claims by state employees for workmen's compensation benefits in light of the absence of statutory mandate for the award sought, provision only for maximum amount, and leaving of any award at all to the judgment and discretion of the board. Howard v. Office of Secretary of State, 140 Vt. 139, 435 A.2d 962 (1981).

Where statutes and regulations governing state department did not require a hearing for employee challenging failure to promote him, the grievance was not a contested case within section 815 of this title, providing for appeal to Supreme Court in a contested case, and employee's grievance could not be appealed to Supreme Court. Reed v. Department of Public Safety, 137 Vt. 9, 398 A.2d 301 (1979).

Where, though Commissioner of Banking and Insurance held public hearing on request to open branch bank, law did not require a hearing, case was not a contested one and competing bank had no right of appeal under V.R.C.P. 74 providing for appeal in a contested case governed by this chapter. In re Marble Savings Bank, 137 Vt. 123, 400 A.2d 1022 (1979).

Where law governing retirement system made no provision for hearing upon any issue or determination under its terms, denial of request to add credit to an account was not a contested case within provision of section 815 of this title for appeal to Supreme Court in a contested case and there could be no appeal to Superior Court under V.R.C.P. 74. Fitzpatrick v. Vermont State Retirement System, 136 Vt. 510, 394 A.2d 1138 (1978).

Under the provisions of this section, a hearing is required when the proceeding will determine legal rights, duties or privileges of a party, and in using right or privilege to define contested case, the Legislature intended something which the petitionees will hold as a right or privilege which is exclusive to them as, for example, a license to operate a motor vehicle, or the right to the exclusive use of certain lands such as an oil or mining lease. 1968-70 Op. Atty. Gen. 159.

4. Rules.

Public Service Board properly employed rulemaking, rather than contested case procedures, in setting rates that small power producers may charge utilities. In re Department of Public Service, 161 Vt. 97, 632 A.2d 1373 (1993).

Department of Social Welfare's decision to rescind policy change that would have increased Aid to Needy Families with Children program benefits fell within definition of rulemaking under subdivision (b)(9) of this section and was invalid because it was not adopted in manner prescribed by this chapter. In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992).

Subdivision (b)(9) of this section, which defines a "rule," in the context of an agency proceeding, should not be so literally or strictly construed that an agency's powers are limited to a degree leading to irrational consequences. In re Telesystems, Corp., 143 Vt. 504, 469 A.2d 1169 (1983).

Where the Public Service Board ordered company to provide its customers with converter devices pursuant to its policy "that cable television companies provide these devices to their customers without charge," this statement of policy did not constitute rule making in violation of section 836 of this title, since the statement was made within the context of the matter before it, did not have general applicability and fell properly within the Board's jurisdiction over the rate structures and the nature of services provided by all public service corporations. In re Telesystems, Corp., 143 Vt. 504, 469 A.2d 1169 (1983).

Instructions issued by Secretary of State for primary elections are not rules within the meaning of this section and the Secretary need not comply with this chapter in issuing the instructions. 1970-72 Op. Atty. Gen. 402.

5. Small business.

Regulations adopted by Agency of Natural Resources to control vapor emissions at gasoline pumps were not invalid due to Agency's failure to use statutory definition of a small business as one with twenty or fewer employees; Agency's use of 400,000 gallon-per-year throughput standard to exempt and phase-in small businesses was better calibrated to assess economic impact of regulation, and was reasonable on its face. Gasoline Marketers of Vermont, Inc. v. Agency of Natural Resources, 169 Vt. 504, 739 A.2d 1230 (1999).

6. Application.

Vermont Administrative Procedure Act applies to State agencies, and therefore does not apply to local school boards. Burch-Clay v. Taylor, 200 Vt. 166, 130 A.3d 180 (Aug. 21, 2015).

Cited. Willette v. Department of Social Welfare, 129 Vt. 270, 276 A.2d 608 (1971); In re Preseault, 130 Vt. 343, 292 A.2d 832 (1972); Moore v. Gilbert, 132 Vt. 365, 321 A.2d 13 (1974); In re Vermont Welfare Rights Organization, 132 Vt. 622, 326 A.2d 828 (1974); In re New England Telephone & Telegraph Co., 135 Vt. 527, 382 A.2d 826 (1977); State v. Connarn, 138 Vt. 270, 413 A.2d 812 (1980); American Trucking Ass'ns, Inc. v. Conway, 514 F. Supp. 1341 (D. Vt. 1981); In re Vermont Public Power Supply Authority, 140 Vt. 424, 440 A.2d 140 (1981); Burroughs v. West Windsor Board of School Directors, 141 Vt. 234, 446 A.2d 377 (1982); In re Reclassification of Airport & Pond Brooks, 142 Vt. 458, 457 A.2d 635 (1983); In re Kelscot, Ltd., 152 Vt. 579, 568 A.2d 378 (1989); Muzzy v. Chevrolet Division, General Motors Corp., 153 Vt. 179, 571 A.2d 609 (1989); Ratepayers Coalition of Rochester v. Rochester Electric Light & Power Co., 153 Vt. 327, 571 A.2d 606 (1989); Maska U.S., Inc. v. Kansa General Insurance Co., 198 F.3d 74 (2d Cir. 1999); In re Woodford Packers, Inc., 175 Vt. 579, 830 A.2d 100 (mem.) (2003).

§§ 802 Repealed. 1981, No. 82, § 7(1).

History

Former § 802. Former § 802, relating to public information, adoption of rules and availability of rules and orders, was derived from 1967, No. 360 (Adj. Sess.), § 2 and amended by 1969, No. 106 , § 1.

§ 803. Repealed. 1981, No. 82, § 7(2).

History

Former § 803. Former § 803, relating to procedure for adoption of rules, was derived from 1967, No. 360 (Adj. Sess.), § 3 and amended by 1969, No. 106 , § 2; 1975, No. 211 (Adj. Sess.), § 3; 1977, No. 55 , §§ 1, 2; 1977, No. 265 (Adj. Sess.). The subject matter is now covered by §§ 836, 844 and 845 of this title.

§ 804. Repealed. 1981, No. 82, § 7(3).

History

Former § 804. Former § 804, relating to filing and taking effect of rules, was derived from 1967, No. 360 (Adj. Sess.), § 4 and amended by 1969, No. 1 , § 2; No. 106, § 3; 1975, No. 211 (Adj. Sess.), § 6. The subject matter is now covered by §§ 843 and 845 of this title.

§ 805. Repealed. 1981, No. 82, § 7(4).

History

Former § 805. Former § 805, relating to publication of rules, was derived from 1967, No. 360 (Adj. Sess.), § 5 and amended by 1969, No. 106 , § 4; 1973, No. 85 , § 1; No. 103, § 17; 1975, No. 211 (Adj. Sess.), § 7. The subject matter is now covered by § 847 of this title.

§ 806. Procedure to request adoption of rules or procedures; guidance documents.

  1. A person may submit a written request to an agency asking the agency to adopt, amend, or repeal a procedure or rule. Within 30 days after receiving the request, the agency shall initiate rulemaking proceedings; shall adopt, amend, or repeal the procedure; or shall deny the request, giving its reasons in writing.
  2. A person may submit a written request to an agency asking the agency to adopt a guidance document as a rule or to amend or repeal the guidance document. Within 30 days after receiving the request, the agency shall initiate rulemaking proceedings; shall amend or repeal the guidance document; or shall deny the request, giving its reasons in writing.

    Added 1967, No. 360 (Adj. Sess.), § 6, eff. July 1, 1969; amended 1981, No. 82 , § 2; 2017, No. 156 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Inserted "; guidance documents" at the end of the section heading; added the subsec. (a) designation and generally amended the second sentence of that subsec., and added subsec. (b).

Amendments--1981. Amended section generally.

ANNOTATIONS

1. Prior law.

Public Service Board had no power to make rules other than specific procedural rules governing its proceedings. In re Vermont Welfare Rights Organization, 132 Vt. 622, 326 A.2d 828 (1974).

Public Service Board had no authority under its rule-making power to make rules governing utilities' disconnection of service. In re Vermont Welfare Rights Organization, 132 Vt. 622, 326 A.2d 828 (1974).

Cited. In re Allied Power & Light Co., 132 Vt. 354, 321 A.2d 7 (1974); In re Vermont Welfare Rights Organization, 132 Vt. 622, 326 A.2d 828 (1974).

§ 807. Declaratory judgment on validity or applicability of rules.

The validity or applicability of a rule may be determined in an action for declaratory judgment in the Washington Superior Court if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

Added 1967, No. 360 (Adj. Sess.), § 7, eff. July 1, 1969; amended 1973, No. 193 (Adj. Sess.), § 3.

History

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court" in the first sentence.

Cross References

Cross references. Declaratory judgments generally, see 12 V.S.A. § 4711 et seq.

ANNOTATIONS

Analysis

1. Generally.

Plain text of the provision of the Administrative Procedure Act allowing for declaratory judgment actions, and case law explaining why the Legislature created a declaratory-judgment remedy, indicate that the provision is not the exclusive way to challenge agency regulations. In re Mt. Top Inn & Resort, Jo 1-391, - Vt. - , 238 A.3d 637 (2020).

Although the Superior Court has general statutory authority to grant declaratory relief, declaratory judgment statutes do not ipso jure vest jurisdiction in the Superior Court over claims jurisdiction over which the Legislature has granted to other tribunals. Williams v. State, 156 Vt. 42, 589 A.2d 840 (1990), cert. denied, 502 U.S. 821, 112 S. Ct. 81, 116 L. Ed. 2d 54, cert. denied, 502 U.S. 984, 112 S. Ct. 590, 116 L. Ed. 2d 614 (1991).

2. Jurisdiction.

Even though the Superior Court had the power under this section to resolve a question regarding the validity of rules of the Public Service Board adopted to implement the federal Public Utility Regulatory Policies Act of 1978, the court did not abuse its discretion when it deferred to the board. Barnet Hydro Co. v. Public Service Board, 174 Vt. 464, 807 A.2d 347 (mem.) (2002).

Cited. Bloomer v. Cheney, 131 Vt. 552, 311 A.2d 101 (1973); Moore v. Gilbert, 132 Vt. 365, 321 A.2d 13 (1974); In re Vermont Welfare Rights Organization, 132 Vt. 622, 326 A.2d 828 (1974); In re State Aid Highway No. 1, Peru, Vt., 133 Vt. 4, 328 A.2d 667 (1974); Marsh v. Department of Employment Security, 133 Vt. 425, 340 A.2d 93 (1975); Nolan v. Davidson, 134 Vt. 295, 357 A.2d 129 (1976); Hatin v. Philbrook, 134 Vt. 456, 365 A.2d 511 (1976); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); C.V. Landfill, Inc. v. Environmental Board, 158 Vt. 386, 610 A.2d 145 (1992); In re Halnon, 174 Vt. 514, 811 A.2d 161 (mem.) (2002); Travelers Indemnity Co. v. Wallis, 176 Vt. 167, 845 A.2d 316 (2003).

§ 808. Procedure to request declaratory rulings by agencies.

Each agency shall provide for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency, and may so provide by procedure or rule. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases.

1967, No. 360 (Adj. Sess.), § 8, eff. July 1, 1969; amended 1981, No. 82 , § 3.

History

Amendments--1981. Added "procedure to request" at the beginning of the catchline, deleted "by rule" following "shall provide" in the first sentence and added "and may so provide by procedure or rule" following "agency" at the end of that sentence.

ANNOTATIONS

Analysis

1. Construction.

Administrative declaratory judgments are essentially procedures similar to declaratory judgments in courts; thus, general restrictions on the power to issue declaratory relief govern the disposition of petitions under this section. Town of Cavendish v. Vermont Public Power Supply Authority, 141 Vt. 144, 446 A.2d 792 (1982).

2. Subjects.

Since section 807 of this title authorizes declaratory judgments on the validity or applicability of an administrative rule, while this section allows agencies to make declaratory rulings on the applicability of any of its rules or orders, legislative intent was that the validity of one of its orders was not an appropriate subject for an agency declaratory ruling. In re State Aid Highway No. 1, Peru, Vt., 133 Vt. 4, 328 A.2d 667 (1974).

3. Scope of rulings.

In issuing declaratory rulings pursuant to this section, the Public Service Board is restricted to deciding the applicability of administrative or statutory authorities to a particular set of facts, and declaratory judgments issued under this section may not test the validity of such provisions. Town of Cavendish v. Vermont Public Power Supply Authority, 141 Vt. 144, 446 A.2d 792 (1982).

4. Nature of rulings.

Declaratory rulings are not appellate in nature, and cannot be resorted to as a substitute for, or in lieu of, proper appellate remedies. In re D. A. Associates, 150 Vt. 18, 547 A.2d 1325 (1988).

5. Jurisdiction.

Public Service Board properly held that it lacked subject matter jurisdiction to rule on a utility's declaratory judgment petition. The statute relied upon by the utility had no necessary application at all to the declaratory judgment it sought, as the utility did not assert, and had never asserted, a right to maintain the power line in its present location by virtue of adverse possession; that section being the only basis recited for the Board's jurisdiction, there was no error in the Board's determination that it had no power to rule on the declaratory judgment petition. In re Appeal of Morrisville Water & Light Dep't, 184 Vt. 616, 958 A.2d 1191 (mem.) (2008).

In view of statutes giving the Public Service Board the powers of a court of record and stating that its decisions are appealable to the supreme court, there is no limitation on the power of the board to consider the validity of its own rules adopted to implement the federal Public Utility Regulatory Policies Act of 1978 in the course of regulatory adjudication, other than a declaratory judgment under this section. Barnet Hydro Co. v. Public Service Board, 174 Vt. 464, 807 A.2d 347 (mem.) (2002).

Supreme Court had no jurisdiction to resolve appeal on the merits of a declaratory ruling which the commissioner of water resources and environmental engineering had no power to make. In re D. A. Associates, 150 Vt. 18, 547 A.2d 1325 (1988).

Cited. Bloomer v. Cheney, 131 Vt. 552, 311 A.2d 101 (1973); Marsh v. Department of Employment Security, 133 Vt. 425, 340 A.2d 93 (1975); City of South Burlington v. Vermont Electric Power Co., 133 Vt. 438, 344 A.2d 19 (1975); Committee To Save Bishop's House v. Medical Center Hospital of Vermont, Inc., 136 Vt. 213, 388 A.2d 827 (1978); In re Agency of Administration, 141 Vt. 68, 444 A.2d 1349 (1982); In re General Order 45, 149 Vt. 285, 542 A.2d 288 (1988); In re L. W. Haynes, Inc., 150 Vt. 572, 556 A.2d 77 (1988).

Subchapter 2. Contested Cases

History

Subchapter designation. 2017, No. 156 (Adj. Sess.), § 2 added the Subchapter 2 heading; § 3 of the act designated Subchapter 2 as comprising §§ 809-816 of this chapter.

§ 809. Contested cases; notice; hearing; records.

  1. In a contested case, all parties shall be given an opportunity for hearing after reasonable notice.
  2. The notice shall include:
    1. A statement of the time, place, and nature of the hearing.
    2. A statement of the legal authority and jurisdiction under which the hearing is to be held.
    3. A reference to the particular sections of the statutes and rules involved.
    4. A short and plain statement of the matters at issue.  If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved.  Thereafter upon application a more definite and detailed statement shall be furnished.
  3. Opportunity shall be given all parties to respond and present evidence and argument on all issues involved.
  4. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
  5. The record in a contested case shall include:
    1. all pleadings, motions, intermediate rulings;
    2. all evidence received or considered;
    3. a statement of matters officially noticed;
    4. questions and offers of proof, objections, and rulings thereon;
    5. proposed findings and exceptions; and
    6. any decision, opinion, or report.
  6. Oral proceedings or any part thereof shall be transcribed on request of any party subject to other applicable provisions of law, and upon payment by the requesting party of the reasonable costs thereof.
  7. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
  8. The chair of a board, commission, or panel, a hearing officer appointed by a board, commission, or panel, or a licensed attorney representing a party before a board, commission, or panel may, whether or not specifically authorized in any other provision of law, compel, by subpoena, the attendance and testimony of witnesses and the production of books and records.  Sections 809a and 809b of this title shall apply to all subpoenas issued under this subsection. Notwithstanding the provisions of section 816 of this title, this subsection shall apply to the Human Services Board, the Labor Relations Board, and the Employment Security Board.
  9. When a board or commission member who hears all or a substantial part of a case retires from office or completes his or her term before the case is completed, he or she may remain a member of the board or commission for the purpose of deciding and concluding the case. If the member who retires or completes his or her term is a chair, the member may also remain a member for the purpose of certifying questions of law if an appeal is taken, when such is required by law. For this service, the member may be compensated in the manner provided for active members.

    Added 1967, No. 360 (Adj. Sess.), § 9, eff. July 1, 1969; amended 1987, No. 104 ; 2017, No. 156 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Subsec. (i): Added.

Amendments--1987. Subsection (h): Added.

Cross References

Cross references. Agencies required to adopt rules of procedure for hearings on contested cases, see § 831(c) of this title.

Record on appeal to Supreme Court, see V.R.A.P. 10(d).

ANNOTATIONS

Analysis

1. Construction.

Health insurer's petition to increase rates was a "contested case" within the meaning of the Administrative Procedure Act and was subject to the requirement that all parties be given an opportunity to be heard after reasonable notice. In re Vermont Health Service Corp., 155 Vt. 457, 586 A.2d 1145 (1990).

2. Notice.

Specification of charges against respondent engineer did not violate due process or statute when it provided respondent sufficient factual background to put him on notice that he was alleged to have committed unprofessional conduct during a particular inspection and when respondent was questioned extensively about his report during the hearing. In re Bombardier, 206 Vt. 450, 182 A.3d 1165 (2018).

In implementing the command of this section on notice requirements in contested cases, the Public Service Board has, at least in part, adopted the Vermont Rules of Civil Procedure subject to modification where statute or specific Board rules provide. In re Waitsfield-Fayston Telephone Co., 182 Vt. 79, 928 A.2d 1219 (June 29, 2007).

The notice of hearing together with several attached violation reports gave ample notice to licensee of the six separate drug transactions that were alleged and found as violations. In re Kacey's, Inc., 178 Vt. 567, 879 A.2d 450 (mem.) (May 3, 2005).

In looking at adequacy of notice, Supreme Court examines whether or not parties were given adequate opportunity to prepare and respond to issues raised in proceeding. In re Twenty-Four Vermont Utilities, 159 Vt. 363, 618 A.2d 1309 (1992).

Intervenors in Public Service Board hearing concerning waiver and release provision of electric power agreement were aware that Board had to act by specific date, intended to proceed with evidence as soon as supreme court ruled on remand request, and were fully aware of the issues, offering expert testimony on them; as such, reasonable notice requirements were not violated. In re Twenty-Four Vermont Utilities, 159 Vt. 363, 618 A.2d 1309 (1992).

Determination of adequate notice and opportunity to be heard under requirements of Administrative Procedure Act and principles of due process requires consideration of whether or not the parties were given an adequate opportunity to prepare and respond to the issues raised in the proceeding. In re Vermont Health Service Corp., 155 Vt. 457, 586 A.2d 1145 (1990).

Health insurer which petitioned Commissioner of Banking and Insurance and itself defined the matters at issue in its filing received reasonable and sufficient notice and opportunity to be heard notwithstanding that the agency notice only specified the time and place for the hearing and made no specific reference to issues addressed by supplemental orders issued by the commissioner. In re Vermont Health Service Corp., 155 Vt. 457, 586 A.2d 1145 (1990).

Where notice to liquor licensee alleged that it had allowed a patron under the influence of liquor to loiter on the licensed premises and stated that investigation reports were available upon request, since one of the reports contained statements that the patron was "very drunk," "slurred his words," and "couldn't stand up," these statements were a sufficient narrative report of the alleged facts to apprise licensee of the charge, and the notice in conjunction with the reports satisfied the requirements of subdivision (b)(4) of this section. In re Hot Spot, Inc., 149 Vt. 538, 546 A.2d 799 (1988).

Notice to liquor licensee that it would be charged with selling a patron alcoholic liquor when that patron was apparently under the influence of liquor was insufficient under subdivision (b)(4) of this section where the notice and the investigation reports which the notice stated were available upon request were devoid of any facts alleging a sale to a patron under the influence. In re Hot Spot, Inc., 149 Vt. 538, 546 A.2d 799 (1988).

3. Hearings.

Public Service Board's modification of order under section 248 of Title 30 with respect to number and percentage of tons of wood fuel that could be brought to electric generating station by truck, without a hearing on the merits, was invalid under subsection (c) of this section. In re Burlington Electric Department, 151 Vt. 543, 563 A.2d 264 (1989).

This section gives all parties to a contested case the opportunity to respond and present evidence and argument on all issues involved. In re Vermont Public Power Supply Authority, 140 Vt. 424, 440 A.2d 140 (1981).

In the field of administrative regulation, the essentials of due process must be met if a fair and open hearing is to be provided. In re Green Mountain Power Corp., 131 Vt. 284, 305 A.2d 571 (1973).

Critical to a determination whether procedure was fair respecting a hearing in the field of administrative regulation is whether the parties were given adequate opportunity to prepare for and respond to the issues raised in the proceeding. In re Green Mountain Power Corp., 131 Vt. 284, 305 A.2d 571 (1973).

This section contemplates an opportunity for hearing with the right of all parties to respond and present evidence and argument on all issues involved. Town of West Rutland v. State Highway Board, 130 Vt. 91, 286 A.2d 285 (1971).

Ruling by Commissioner of Taxes dismissing appeal from State Highway Board on ground it was not within time limit of section 1873a of Title 19 was improper where ruling, in response to highway board motion, was made without the argument or hearing required by this section. Town of West Rutland v. State Highway Board, 130 Vt. 91, 286 A.2d 285 (1971).

This section establishes procedural safeguards for hearings required by other laws, and does not require hearings where they are not otherwise required by other laws. 1970-72 Op. Atty. Gen. 229.

4. Evidence.

Where the evidence presented at the contested case hearing overwhelmingly established that the alleged violation occurred, the fact that the Liquor Control Board imposed a greater sanction than that proposed during the settlement process did not demonstrate bias. In re Odessa Corp., 179 Vt. 640, 898 A.2d 1256 (mem.) (April 25, 2006).

In a proceeding before the Liquor Control Board, the Board did not commit reversible error in admitting a settlement offer into evidence because the offer was not introduced to prove the allegation against the licensee, but was offered by the stater in response to the licensee's motion to recuse the members of the Board. In re Odessa Corp., 179 Vt. 640, 898 A.2d 1256 (mem.) (April 25, 2006).

In a proceeding before the Liquor Control Board, the Board did not abuse its discretion in excluding a written statement prepared by the licensee's store clerk after the incident which was the basis for the charged violation; the document was not admissible as a business record under V.R.E. 803(6), and was properly excluded by the Board as inherently unreliable hearsay. In re Odessa Corp., 179 Vt. 640, 898 A.2d 1256 (mem.) (April 25, 2006).

Rules of evidence are relaxed in Public Service Board proceedings so that evidence not admissible in court is admissible by the Board if it may illuminate the case; however, evidence must be admitted before it is relied upon by the Board. In re Twenty-Four Vermont Utilities, 159 Vt. 339, 618 A.2d 1295 (1992).

Computer data prepared by department of public service should not have been considered by public service board as evidence in support of its approval of utilities' electric power agreement, where admissibility of data had never been tested by a formal offer with the opportunity for its opponents to contest admissibility. In re Twenty-Four Vermont Utilities, 159 Vt. 339, 618 A.2d 1295 (1992).

Environmental Board abused its discretion by failing to give parties an opportunity to present evidence as to matters bearing on whether proposed condominium conversion would effect a material or substantial change requiring a land use permit amendment. In re Gallagher, 150 Vt. 50, 549 A.2d 637 (1988).

At hearing on petition to revoke Act 250 permit, Environmental Board denied parties' right under subsection (c) of this section to offer evidence on the remedy to be imposed for breach of permit, where each party was limited to a five-minute offer of proof. In re Crushed Rock, Inc., 150 Vt. 613, 557 A.2d 84 (1988).

5. Burden of proof.

As long as it does not constitute the exclusive basis for Environmental Board's decision, evidence gathered during a site visit may satisfy the burden of proof on factors to be considered in granting an Act 250 permit. In re Denio, 158 Vt. 230, 608 A.2d 1166 (1992).

6. Informal disposition.

There was no per se violation of due process where the Liquor Control Board rejected a settlement offer, conducted a contested case hearing, and decided the matter on the merits. In re Odessa Corp., 179 Vt. 640, 898 A.2d 1256 (mem.) (April 25, 2006).

Where dispute concerning maintenance of ditch and fence between railroad and adjoining landowner resulted in hearing before Public Service Board and parties entering stipulation for discontinuance and settlement agreement, without Board's issuing formal order of discontinuance, provision of this section that informal disposition may be made of any contested case by stipulation or agreed settlement required finding that there was a disposition, however informal; and since matter was no longer pending before Board, trial court's refusal to entertain jurisdiction upon ground that Board had original jurisdiction was error. Gloss v. Delaware & Hudson Railroad, 135 Vt. 419, 378 A.2d 507 (1977).

7. Speculative issues.

Public Service Board did not violate subsection (c) of this section by postponing consideration of and denying discovery relating to highly speculative issue of enormous complexity, since Board did not have indefinite time frame to decide cases, and since no probability was demonstrated that exploration of issue would have any effect on outcome of case. In re Green Mountain Power Corp., 147 Vt. 509, 519 A.2d 595 (1986).

8. Witnesses.

In a proceeding before the Liquor Control Board, the Board did not err in denying the licensee's motion for a continuance because the Board acted within its wide discretion in denying the motion based on its finding that the licensee was responsible for securing the attendance of its own witnesses, and that the delay would be unfair to the State. In re Odessa Corp., 179 Vt. 640, 898 A.2d 1256 (mem.) (April 25, 2006).

9. Applicability.

Because the provision of the Vermont Administrative Procedures Act requiring notice and hearing in a contested case did not apply to procedures or hearings before agents of the Commissioner of Labor, the process afforded an employer by the unemployment claims adjudicator did not violate the provision. Chittenden County Sheriff's Dep't v. Dep't of Labor, - Vt. - , 228 A.3d 85 (2020).

Cited. Vermont Real Estate Commission v. Martin, 132 Vt. 309, 318 A.2d 670 (1974); New Hampshire-Vermont Hospitalization Service v. Commissioner, 132 Vt. 510, 321 A.2d 39 (1974); In re New England Telephone & Telegraph Co., 135 Vt. 527, 382 A.2d 826 (1977); Gale v. Department of Employment Security, 136 Vt. 75, 385 A.2d 1073 (1978); Committee To Save Bishop's House v. Medical Center Hospital of Vermont, Inc., 136 Vt. 213, 388 A.2d 827 (1978); Alma Realty Co. v. Sugarbush Valley Corp., 136 Vt. 406, 392 A.2d 379 (1978); City of Winooski v. Barnes, 142 Vt. 27, 451 A.2d 1140 (1982); In re Handy, 144 Vt. 610, 481 A.2d 1051 (1984); In re Vermont Health Service Corp., 144 Vt. 617, 482 A.2d 294 (1984); In re Burlington Electric Light Department, 149 Vt. 300, 542 A.2d 294 (1988); Widschwenter v. Board of Bar Examiners, 151 Vt. 218, 559 A.2d 674 (1989); Ratepayers Coalition of Rochester v. Rochester Electric Light & Power Co., 153 Vt. 327, 571 A.2d 606 (1989); In re Quechee Lakes Corp., 154 Vt. 543, 580 A.2d 957 (1990); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); Conservation Law Foundation v. Burke, 162 Vt. 115, 645 A.2d 495 (1993); In re Halnon, 174 Vt. 514, 811 A.2d 161 (mem.) (2002).

§ 809a. Enforcement of subpoenas; compulsion of testimony.

  1. This section applies when an agency has issued a subpoena to compel a person to appear and testify or to produce documents or things, if the person:
    1. has failed to appear or has failed to produce the subpoenaed materials, in which case any party or the agency may bring a proceeding to enforce the subpoena; or
    2. has appeared but has refused to take an oath or affirmation authorized by law, or has refused to testify or to answer a question, in which case any party or the agency may bring a proceeding to compel testimony by the person.
  2. A proceeding under this section shall be brought in Superior Court for the county in which the administrative proceeding is or will be held.  The court shall consist of the presiding judge, sitting alone, and no jury shall be used.  The proceeding shall be commenced by motion, and the motion shall be served in the manner provided for motions in civil actions.  No filing fee shall be required.  No answer or responsive motion is required, but such papers may be filed.  The court shall schedule a hearing on the motion as soon as is reasonably practicable.
  3. In a proceeding to compel testimony, the court may order the respondent to testify and answer questions, and may impose limits on those questions or answers.
  4. In a proceeding to enforce a subpoena, if the petitioner establishes that the subpoena was properly issued, and that the person subpoenaed has failed to appear or to produce documents or things required, the court shall issue an order compelling compliance with the agency subpoena.  Otherwise, the court shall vacate or modify the subpoena.
  5. In a proceeding to enforce a subpoena, after giving the respondent an opportunity to present evidence, if the court determines that the subpoena was properly issued, and that failure to comply with the agency's subpoena was without reasonable excuse, it shall assess a penalty against the respondent, to be paid to the petitioner, in an amount not to exceed $100.00 and shall also award all costs of litigation that the petitioner incurred as a result of the respondent's noncompliance, including costs of issuing new subpoenas and incurring additional expenses for expert witnesses.
  6. A person who, without reasonable excuse, fails to comply with an order of the court issued under this section may be held to be in contempt of the court.

    Added 1983, No. 230 (Adj. Sess.), § 5; amended 2015, No. 97 (Adj. Sess.), § 4.

History

2015. In subsection (e), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Amendments--2015 (Adj. Sess.). Subsec. (a): Inserted "This section applies" preceding "when an agency" in the introductory language and "in which case" following "materials," in subdiv. (1) and "question," in subdiv. (2).

§ 809b. Modification of subpoena or discovery order.

  1. When an agency has issued a subpoena to compel testimony or the production of documents or things, or has issued a discovery order to a party, an aggrieved person may bring a proceeding to modify or vacate the subpoena or order in the Superior Court for the county in which the petitioner resides or in which the administrative proceeding is or will be held.
  2. The Court shall consist of the presiding judge, and no jury shall be used.  The proceeding shall be commenced by motion, which shall be served in the manner provided for motions in civil actions.  No answer or responsive motion is required, but such papers may be filed.  No filing fee shall be required.  The Court shall schedule a hearing on the motion as soon as is reasonably practicable.
  3. After hearing, the Court may issue its order affirming, modifying, or vacating the subpoena or discovery order.

    Added 1983, No. 230 (Adj. Sess.), § 5.

§ 810. Rules of evidence; official notice.

In contested cases:

  1. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.  The Rules of Evidence as applied in civil cases in the Superior Courts of this State shall be followed.  When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.  Agencies shall give effect to the rules of privilege recognized by law.  Objections to evidentiary offers may be made and shall be noted in the record.  Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
  2. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available.  Upon request, parties shall be given an opportunity to compare the copy with the original.
  3. A party may conduct cross-examinations required for a full and true disclosure of the facts.
  4. Notice may be taken of judicially cognizable facts.  In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge.  Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed.  The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

    Added 1967, No. 360 (Adj. Sess.), § 10, eff. July 1, 1969; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Amendments--1973 (Adj. Sess.). Subdivision (1): Substituted "superior" for "county" preceding "courts" in the second sentence.

Cross References

Cross references. Applicability of Vermont Rules of Evidence, see V.R.E. 1101.

ANNOTATIONS

Analysis

1. Evidence .

In conducting hearing relating to alleged misconduct of real estate brokers and salespersons, the Real Estate Commission did not err in failing to apply the same rules of evidence as would be followed in a civil case where the record disclosed that the licensees were given a full and fair hearing, the evidence admitted was not irrelevant or immaterial to the charges alleged, and the evidence was admissible under subdivision (1) of this section. In re Desautels Real Estate, Inc., 142 Vt. 326, 457 A.2d 1361 (1982).

Assignment of burden of proof is not a rule of evidence applicable to administrative hearings under subdivision (1) of this section. International Association of Firefighters Local #2287 v. City of Montpelier, 133 Vt. 175, 332 A.2d 795 (1975).

*2. Admissibility.

Under subdivision (1) of this section, evidence is admissible in agency proceedings even though the evidence would normally be excluded in court hearings, and this discretion recognizes the need of agencies to consider any evidence which may illuminate the case. In re Central Vermont Public Service Corp., 141 Vt. 284, 449 A.2d 904 (1982).

*3. Written.

The failure of a utility to prefile testimony relevant to a temporary rate increase did not deprive the Department of Public Service of due process since this section does not require that written evidence be prefiled in advance of hearing as a component of due process with respect to temporary orders. In re Green Mountain Power Corp., 142 Vt. 373, 455 A.2d 823 (1983).

Witness could properly take stand and read prepared statement into record. In re Hemco, Inc., 129 Vt. 534, 283 A.2d 246 (1971).

*4. Evaluation.

Public Service Board crossed line from applying expertise to evidence when it recalculated Department of Public Service computer data and used recalculations to determine savings Vermont's energy consumers would reap from electric power agreement; instead, Board should have required Department to recalculate data based on Board's specific questions, and present revised data to Board, subject to cross-examination of Department's methodology. In re Twenty-Four Vermont Utilities, 159 Vt. 339, 618 A.2d 1295 (1992).

It is a proper and expected function under its legislative mandate for the Public Service Board to examine the record, take additional evidence and, where required, rework the findings in the light of its own special competence. Vermont Electric Power Co. v. Bandel, 135 Vt. 141, 375 A.2d 975 (1977).

5. Cross-examination.

There was no lack of opportunity to effectively cross-examine as to statement read into record where it was read by witness on stand and under oath and there was no showing that the contents of the statement could not be adequately tested by cross-examination of the witness. In re Hemco, Inc., 129 Vt. 534, 283 A.2d 246 (1971).

6. Official notice.

A report prepared by the Division of Property Valuation and Review (PV&R) of the Vermont Tax Department, on which the State Board of Appraisers relied, was not inadmissible hearsay, because the report was a record, report or data compilation of a public agency setting forth its factual findings pursuant to authority granted by law and was therefore within an exception to the hearsay rule. In any event, the Board could, on proper notice, take judicial notice of the annual PV&R equalization report. Knollwood Building Condominiums v. Town of Rutland, 166 Vt. 529, 699 A.2d 31 (1997).

In a contested case, the Liquor Control Board may take official notice of a judicially cognizable fact whether requested or not, and may do so at any stage of the administrative proceeding. In re Handy, 144 Vt. 610, 481 A.2d 1051 (1984).

The Liquor Control Board's records of past infractions of its licensees is a judicially noticeable fact in contested cases before the board. In re Handy, 144 Vt. 610, 481 A.2d 1051 (1984).

In ruling upon applications for franchises to provide cable television service, Public Service Board did not err in taking official notice pursuant to subdivision (4) of this section of one of its prior decisions involving one of the applicants where the Board's hearing officer informed the applicant that official notice would be taken of the record in the earlier decision, and the applicant did not object, thereby waiving any claim that the material to be noticed be designated with greater specificity; where the Board referred to the earlier decision solely to respond to the applicant's argument that it had res judicata effect; and where no prejudice was shown to the applicant's petition from the application of the evidence of which the Board had taken official notice. In re EMCO CATV, Inc., 141 Vt. 385, 449 A.2d 949 (1982).

Where Public Service Board used officially noticed fact as one of its bases for determining new rate structure for electric company without giving the parties notice of, or an opportunity to contest, the material noticed, Supreme Court was unable to determine what the Board relied upon in establishing the fact by official notice and such noticed fact would be disregarded in reviewing findings of fact on the new rate structure. In re Green Mountain Power Corp., 131 Vt. 284, 305 A.2d 571 (1973).

Cited. Board of Health v. Town of Waterbury, 129 Vt. 168, 274 A.2d 495 (1970); Vermont Real Estate Commission v. Martin, 132 Vt. 309, 318 A.2d 670 (1974); In re Village of Stowe Electric Department, 134 Vt. 559, 367 A.2d 1056 (1976); Longe v. Department of Employment Security, 135 Vt. 460, 380 A.2d 76 (1977); In re Buttolph, 141 Vt. 601, 451 A.2d 1129 (1982); In re Johnston, 145 Vt. 318, 488 A.2d 750 (1985); In re Burlington Electric Light Department, 149 Vt. 300, 542 A.2d 294 (1988); Hall v. Department of Social Welfare, 153 Vt. 479, 572 A.2d 1342 (1990); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); In re Twenty-Four Electric Utilities, 160 Vt. 227, 627 A.2d 355 (1993); In re Smith, 169 Vt. 162, 730 A.2d 605 (1999); In re Odessa Corp., 179 Vt. 640, 898 A.2d 1256 (mem.) (April 25, 2006).

§ 811. Examination of evidence by agency.

When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.

Added 1967, No. 360 (Adj. Sess.), § 11, eff. July 1, 1969.

ANNOTATIONS

Analysis

1. Hearing procedure.

Although the statutory scheme did not specifically authorize the creation of a hearing committee comprising less than a quorum of the Board of Dental Examiners, it did not necessarily follow that the process followed by the Board was prohibited by law or beyond the ability of the parties to cure by waiver, consent, or agreement. A statutory reference to circumstances in which less than a majority of the decisionmaking agency had heard the case or read the record plainly contemplated hearings before a minority of the Board. In re Lakatos, 182 Vt. 487, 939 A.2d 510 (Oct. 19, 2007).

There was no basis to conclude that a procedure under which a hearing committee comprising less than a quorum of the Board of Dental Examiners held an evidentiary hearing on charges of unprofessional conduct was "prohibited by law" such that a finding of waiver or acquiescence by the parties would nullify the statute prohibiting it. The record, moreover, left no doubt that respondent waived any challenge to the procedure by failing to raise an objection at any point during the hearing process in which he actively participated. In re Lakatos, 182 Vt. 487, 939 A.2d 510 (Oct. 19, 2007).

2. Due process.

In concluding that a decision of the Board of Dental Examiners violated due process because six of the nine board members had not observed witnesses, the trial court erred in finding that the Board's decision rested in material part on assessments of witness demeanor and conduct. The record showed that the Board's findings were based on objective evidence assessed in light of the Board's expertise and the inherent likelihood or unlikelihood of certain events, and that subjective judgments about demeanor or conduct played little or no role in its findings. In re Lakatos, 182 Vt. 487, 939 A.2d 510 (Oct. 19, 2007).

3. Decision .

When the Board of Dental Examiners had plainly committed itself to the statutory process under which respondent would be afforded an opportunity to comment on the Board's proposed decision, and respondent plainly relied on that promise in proceeding with the hearing, the Board was estopped from refusing to comply with the statutory procedure. In re Lakatos, 182 Vt. 487, 939 A.2d 510 (Oct. 19, 2007).

Cited. In re State Aid Highway No. 1, Peru, Vt., 133 Vt. 4, 328 A.2d 667 (1974); Vermont Electric Power Co. v. Bandel, 135 Vt. 141, 375 A.2d 975 (1977); University of Vermont v. Town of Colchester, 136 Vt. 403, 392 A.2d 413 (1978); In re Burlington Housing Authority Declaratory Ruling #124, 143 Vt. 80, 463 A.2d 215 (1983); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); Beaupre v. Green Mountain Power Corp., 172 Vt. 583, 776 A.2d 424 (2001).

§ 812. Decisions and orders.

  1. A final decision or order adverse to a party in a contested case shall be in writing or stated in the record.  A final decision shall include findings of fact and conclusions of law, separately stated.  Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.  If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding.  Parties shall be notified forthwith either personally or by mail of any decision or order.  A copy of the decision or order shall be delivered or mailed forthwith to each attorney of record and to each party not having an attorney of record.  That mailing shall constitute actual knowledge to that person or party.
  2. When a decision or order is approved for issue by a board or commission, the decision or order may be signed by the chair or vice chair on behalf of the issuing board or commission.

    Added 1967, No. 360 (Adj. Sess.), § 12, eff. July 1, 1969; amended 1983, No. 190 (Adj. Sess.), § 1, eff. April 27, 1984.

History

Amendments--1983 (Adj. Sess.). Designated existing provisions of section as subsec. (a) and added subsec. (b).

ANNOTATIONS

Analysis

1. Findings .

Public Utility Commission (PUC) did not violate the statute governing administrative decisions and orders by failing to make a ruling on the applicant's proposed findings regarding the alleged economic benefit of a net-metered solar electric-generation facility and by failing to consider whether the project would promote the general good of the State, as it had found that the project did not satisfy two of the other criteria for a certificate of public good (CPG), and all of the criteria had to be satisfied for a CPG to issue. In re Derby GLC Solar, - Vt. - , 221 A.3d 777 (2019).

Medical Practice Board's hearing committee expressly acknowledged respondent's proposed findings, and the Board specifically ruled on each of his exceptions to the hearing committee's report. The Board's detailed findings left no doubt as to what was decided and how the decision was reached. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

*2. Purpose.

The purpose of findings of fact and conclusions of law is to make a clear statement to the litigants, and to the Supreme Court if an appeal is taken, of what was decided and how the decision was reached. Louis Anthony Corp. v. Department of Liquor Control, 139 Vt. 570, 432 A.2d 1186 (1981).

*3. Required.

Under this section, the Public Service Board is required, in a contested case, to state separately its findings of fact and conclusions of law. In re Village of Hardwick Electric Department, 143 Vt. 437, 466 A.2d 1180 (1983).

Findings of fact are required in a contested case; recitals of evidence cannot support an order. In re Buttolph, 138 Vt. 573, 420 A.2d 859 (1980), modified on other grounds by In re Vt. Marble Co., 162 Vt. 355, 648 A.2d 381 (1994).

*4. Adequacy.

Opinions of the Public Service Board which recite testimony without an explicit statement of the Board's findings are not sufficient to support an order. In re Village of Hardwick Electric Department, 143 Vt. 437, 466 A.2d 1180 (1983).

Where written opinion of the Public Service Board regarding the rate of return allowed municipal electric department contained no explicit statement of its findings but discussed in narrative form its analysis of the evidence and issues and left no doubt as to what it decided and how its decision was reached, thus fulfilling the purpose of findings of fact and conclusions of law, the Board made findings adequate to support its decision. In re Village of Hardwick Electric Department, 143 Vt. 437, 466 A.2d 1180 (1983).

A rambling, stream of consciousness recitation of the testimony and exhibits presented at a hearing is not a finding of the facts contained in such testimony or exhibits, and does not comport with this section's requirement of separately stated findings of fact and conclusions of law in support of a decision. Louis Anthony Corp. v. Department of Liquor Control, 139 Vt. 570, 432 A.2d 1186 (1981).

Mere recitals of the testimony and exhibits presented at a hearing do not indicate the credence placed upon the evidence or the extent to which the evidence influenced the decision, and so do not measure up to this section's requirement of separately stated findings of fact and conclusions of law in support of the decision. Louis Anthony Corp. v. Department of Liquor Control, 139 Vt. 570, 432 A.2d 1186 (1981).

*5. Specificity.

Public Service Board is not required to rule individually on each request for findings submitted to it in a contested case; it is sufficient if the record shows that the Board considered and decided each proposed finding. In re Village of Hardwick Electric Department, 143 Vt. 437, 466 A.2d 1180 (1983).

Where in its written opinion regarding the rate of return allowed municipal electric department, the Public Service Board accepted many of the department's requested findings, although not necessarily in the language proposed by the department, and any requests not dealt with were expressly rejected by the Board in its order, the Board fulfilled its duty under this section to rule upon all proposed findings. In re Village of Hardwick Electric Department, 143 Vt. 437, 466 A.2d 1180 (1983).

This section did not require Public Service Board in its decision to repeat each proposed finding in petition of cable television system for rate increase, but required that the record show that the Board considered and decided each proposed finding. In re Young's Community TV Corp. for Rate Increase, 141 Vt. 53, 442 A.2d 1311 (1982).

Public Service Board is required to rule on each proposed finding of fact submitted by a party in its findings of fact; however, this is not a requirement that the Board, to avoid error, make a specific finding on each proposed finding separately. In re Green Mountain Power Corp., 131 Vt. 284, 305 A.2d 571 (1973).

Provision of this section that findings of fact set forth in statutory language be accompanied by a concise, explicit statement of underlying facts supporting the findings does not require an administrative tribunal to report all evidence or exhaustively state the effect given subordinate facts. In re Hemco, Inc., 129 Vt. 534, 283 A.2d 246 (1971).

*6. Remand.

Where the Court, in an appeal of an order issued by the Secretary of the Agency of Natural Resources, was unable to address many of the arguments raised because the Secretary had not ruled on proposed findings, the case was remanded for the Secretary to issue a decision in compliance with the statute. The Court will remand if it is left in a position where it must speculate as to the basis of the decision reached. Secretary v. Upper Valley Regional Landfill Corp., 167 Vt. 228, 705 A.2d 1001 (1997).

Cited. In re Vermont Welfare Rights Organization, 132 Vt. 622, 326 A.2d 828 (1974); In re New England Telephone & Telegraph Co., 135 Vt. 527, 382 A.2d 826 (1977); Cleveland v. Department of Employment Security, 138 Vt. 208, 414 A.2d 1157 (1980); In re EMCO CATV, Inc., 141 Vt. 385, 449 A.2d 949 (1982); In re Vermont Health Service Corp., 144 Vt. 617, 482 A.2d 294 (1984); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); In re New England Telephone & Telegraph Co., 159 Vt. 459, 621 A.2d 232 (1993); Close v. Superior Excavating Co., 166 Vt. 318, 693 A.2d 729 (1997).

§ 813. Ex parte consultations.

Unless required for the disposition of ex parte matters authorized by law, members or employees of any agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate. An agency member:

  1. may communicate with other members or employees of the agency; and
  2. may have the aid and advice of one or more personal assistants.

    Added 1967, No. 360 (Adj. Sess.), § 13, eff. July 1, 1969.

ANNOTATIONS

1. Applicability .

Where an attorney served as general counsel to the Commissioner of Aging and Disabilities-not as a separate party or prosecutor-in an initial administrative hearing, even assuming that this section is applicable to hearings before the Commissioner, the statutory exceptions apply. Furthermore, the attorney's rendering of legal advice and assistance to the Commissioner was plainly a discretionary function protected by qualified immunity, and nothing in the complaint or the undisputed facts supported a finding that the attorney performed these discretionary duties in bad faith. Czechorowski v. State, 178 Vt. 524, 872 A.2d 883 (mem.) (March 22, 2005).

Cited. In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); In re Odessa Corp., 179 Vt. 640, 898 A.2d 1256 (mem.) (April 25, 2006).

§ 814. Licenses.

  1. When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases shall apply.
  2. When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
  3. No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license.  If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action.  These proceedings shall be promptly instituted and determined.
  4. An agency having jurisdiction to conduct proceedings and impose sanctions in connection with conduct of a licensee or former licensee shall not lose jurisdiction if the license is not renewed or is surrendered or otherwise terminated prior to initiation of such proceedings.

    Added 1967, No. 360 (Adj. Sess.), § 14, eff. July 1, 1969; amended 1987, No. 229 (Adj. Sess.), § 1; 2001, No. 151 (Adj. Sess.), § 4, eff. June 27, 2002.

History

Amendments--2001 (Adj. Sess.) Subsection (d): Substituted "of a licensee or former licensee" for "occurring during the time a license is operative".

Amendments--1987 (Adj. Sess.). Subsection (d): Added.

ANNOTATIONS

Analysis

1. Constitutionality.

There is no merit to the argument that the provision of the Administrative Procedure Act regarding licenses violates due process on its face by permitting a summary suspension in exigent circumstances. Indeed, consistent with the high court's recognition of an emergency exception to the predeprivation hearing requirement, numerous states have adopted identical or similar statutes based on a provision in the Model State Administrative Procedures Act authorizing the summary suspension of a state-issued license where public health, safety, or welfare imperatively requires emergency action. In re Miller, 186 Vt. 505, 989 A.2d 982 (2009).

2. Construction with other laws.

Because plaintiffs were not parties to State agency's decision to grant encroachment permit allowing town's construction of bridge, plaintiffs could not register demand for a contested case hearing, and their claim asserting violation of Vermont Administrative Procedure Act was therefore properly dismissed. Parker v. Town of Milton, 169 Vt. 74, 726 A.2d 477 (1998).

Section 236 of Title 7, which gives the Liquor Control Commission broad authority to control the conduct of liquor licensees and to discipline for proscribed conduct, must be read in conjunction with subsection (b) of this section, which specifically envisions situations where a license is to be renewed, but subject to limiting terms. In re Judy Ann's Inc., 143 Vt. 228, 464 A.2d 752 (1983).

3. Hearings.

Subsection (c) of this section, governing hearings on proceedings for revocation, suspension, annulment, or withdrawal of licenses, was complied with where licensees charged with violations were given a hearing where they could demonstrate that, at the time of the alleged violation, they were in full compliance with all lawful requirements; this section did not entitle the licensees to two hearings, an informal one for the purpose of explaining the charges without a threat of final decision and a formal hearing where the issues were finally determined. In re Desautels Real Estate, Inc., 142 Vt. 326, 457 A.2d 1361 (1982).

4. Purpose.

The intent of subsection (c) of this section, governing revocation, suspension, annulment or withdrawal of licenses, is to give a licensee a hearing, where he can demonstrate that at the time of the alleged violation he was in full "compliance with all lawful requirements." In re Desautels Real Estate, Inc., 142 Vt. 326, 457 A.2d 1361 (1982).

Department of Education had an insufficient basis for refusing to issue a principal her educator's license, which expired by its own terms while suspension proceedings were pending, when it indicated that it did not want to issue the license because it could be considered verification that she met the competence standards, which the Department believed that she did not. The principal had a right to challenge the merits of the Department's position before her license was taken away. In re Licensing Appeal of J.H., 184 Vt. 293, 958 A.2d 700 (2008).

5. Suspension .

Within one month of a summary suspension order of a physician's license, the physician requested, and the Medical Practice Board promptly granted, an evidentiary hearing to reconsider the order. Therefore, any facial or as-applied due-process challenge to the provision of the Administrative Procedure Act regarding licenses predicated on the lack of a prompt postsuspension hearing was rendered moot. In re Miller, 186 Vt. 505, 989 A.2d 982 (2009).

Physician whose license was summarily suspended was afforded the opportunity to submit prefiled testimony challenging the State's evidence, to cross-examine the State's investigator on the charges, and to testify in his own behalf. This was sufficient to satisfy the requisites of due process pending a more comprehensive final hearing on the merits. In re Miller, 186 Vt. 505, 989 A.2d 982 (2009).

In a proceeding to summarily suspend a physician's license, the failure to admit four letters from the physician's former colleagues did not violate due process. To the extent that these were offered as testimonials to his good character, they were properly excluded as more appropriate to a merits hearing and ultimate questions relating to discipline and mitigation; to the extent that the letters contained information attesting to his judgment, they had some relevance to the question whether a remedy short of suspension would be sufficient to protect the public, but any error was harmless because it was clear that the Medical Practice Board implicitly considered and rejected the limited-remedy option. In re Miller, 186 Vt. 505, 989 A.2d 982 (2009).

Medical Practice Board's reliance on a supplemental affidavit submitted by the State's investigator did not deprive a physician whose license was summarily suspended of fair notice of the charges to be addressed. While the supplemental affidavit provided additional detail, it did not alter the basic charges against the physician or present an unfair surprise at the postsuspension hearing. In re Miller, 186 Vt. 505, 989 A.2d 982 (2009).

When the Department of Education refused to issue a principal her educator's license, which had expired by its own terms while a suspension proceeding was pending, there was no support for its assertion that her rights were sufficiently protected by listing her as licensed in the Department's database. The principal was entitled to retain her license until the Board of Education rendered its decision, and this necessarily included the right to physically possess the license. In re Licensing Appeal of J.H., 184 Vt. 293, 958 A.2d 700 (2008).

Court rejected the Department of Education's assertion that a principal's license was available to her and that she was to blame for her failure to inform the licensing office as to how she wanted it to handle her license, which expired by its own terms while a suspension proceeding was pending against her. The onus was not on the principal because by statute and by rule, she was entitled to remain licensed until suspended, period. In re Licensing Appeal of J.H., 184 Vt. 293, 958 A.2d 700 (2008).

By refusing to issue a principal a copy of her written educator's license, which expired by its own terms while suspension proceedings were pending, the Department of Education violated the statute pertaining to licenses and the State Board of Education's rules. It effectively suspended the license for 14 months without first providing the principal an opportunity to be heard, contrary to the basic elements of due process. In re Licensing Appeal of J.H., 184 Vt. 293, 958 A.2d 700 (2008).

6. Mootness.

Although a physician asserted a sufficient facial challenge to the statute regarding summary suspension of licenses, his claim was moot. The physician was not currently under summary suspension, and, after the Board of Medical Practice reinstated his license, he voluntarily consented to refrain from the practice of medicine until the Board proceedings were completed; thus, declaration of the constitutionality of the summary-suspension procedures would not affect any of his presently cognizable legal interests. Chase v. State, 184 Vt. 430, 966 A.2d 139 (2008).

"Capable of repetition, but evading review" exception to the mootness doctrine did not apply when a physician who challenged the constitutionality of the statute regarding summary suspension of licenses no longer had his license suspended and had not suggested that he was likely to be subject to another summary suspension or disciplinary proceeding. Chase v. State, 184 Vt. 430, 966 A.2d 139 (2008).

Because no compelling constitutional interests were harmed by the mere existence of the statute regarding summary suspension of licenses, the court dismissed as moot a physician's facial challenge because he was not currently subject to enforcement proceedings under the statute. Chase v. State, 184 Vt. 430, 966 A.2d 139 (2008).

Cited. In re Gallagher, 150 Vt. 50, 549 A.2d 637 (1988).

§ 815. Judicial review of contested cases.

  1. A person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in any contested case may appeal that decision to the Supreme Court, unless some other court is expressly provided by law.  However, a preliminary, procedural, or intermediate agency action or ruling is immediately appealable under those rules if review of the final decision would not provide an adequate remedy, and the filing of the appeal does not itself stay enforcement of the agency decision.  The agency may grant, or the reviewing court may order, a stay upon appropriate terms.
  2. If, before the date set for court hearing, application is made to the Court for leave to present additional evidence, and it is shown to the satisfaction of the Court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the Court may order that the additional evidence be taken before the agency upon conditions determined by the Court.  The agency may modify its findings and decisions by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
  3. If the final decision of an agency is expressly provided by law to be reviewable in Superior Court or in the Supreme Court, such review shall be commenced by filing a notice of appeal pursuant to V.R.C.P. 74 or V.R.A.P. 13, as appropriate.

    Added 1967, No. 360 (Adj. Sess.), § 15, eff. July 1, 1969; amended 1971, No. 185 (Adj. Sess.), § 1, eff. March 29, 1972; 1997, No. 161 (Adj. Sess.), § 2, eff. Jan. 1, 1998.

History

Reference in text. Reference to "those rules" in the second sentence of subsec. (a) is probably to the Vermont Rules of Appellate Procedure. See Reporter's Notes set out under Rule 13, Vermont Rules of Appellate Procedure.

Amendments--1997 (Adj. Sess.). Subsection (c): Added.

Amendments--1971 (Adj. Sess.). Subsection (a): Substituted "to the supreme court, unless some other court is expressly provided by law" for "under and in accordance with the provisions of section 2381 through 2390 of Title 12" following "decision" at the end of the first sentence and "rules" for "sections" following "appealable under those" in the second sentence.

ANNOTATIONS

Analysis

1. Interlocutory appeal.

Party seeking review of a preliminary, procedural, or intermediate agency action bears burden of demonstrating that appeal from a final order would not provide an adequate remedy. Beaupre v. Green Mountain Power Corp., 168 Vt. 596, 715 A.2d 1292 (mem.) (1998).

Under judicial review provision of Administrative Procedure Act, an intermediate ruling is appealable only if review of the final decision would not provide an adequate remedy. In re Taft Corners Assocs., 160 Vt. 583, 632 A.2d 649 (1993).

Since appeals of interlocutory rulings of administrative agencies were to be treated as appeals from final decisions, developer's appeal from Environmental Board decision was not governed by V.R.A.P. 5 or V.R.A.P. 5.1, but was treated as an appeal from a final decision under V.R.A.P. 4, and developer's notice of appeal was therefore timely. In re Taft Corners Assocs., 160 Vt. 583, 632 A.2d 649 (1993).

Where Environmental Board's remand decision clearly exceeded Board's jurisdiction and required permit applicant virtually to commence application process again, delay and expense justified supreme court's consideration of interlocutory decision. In re Taft Corners Assocs., 160 Vt. 583, 632 A.2d 649 (1993).

For collateral order to be appealable it must (1) conclusively determine disputed question, (2) resolve an important issue completely separate from merits of action, and (3) be effectively unreviewable on appeal from final judgment. In re Maple Tree Place Assocs., 151 Vt. 331, 560 A.2d 382 (1989), overruled on other grounds sub nom. In re J.G. (1993) 160 Vt. 250, 627 A.2d 362.

Interlocutory order by Environmental Board denying appellants' request to participate fully in proceedings under section 6086 of Title 10 on permit to build shopping mall was not appealable to Supreme Court, as District Environmental Commission's order limiting participation was reviewable de novo before the Board and Board's decision could be reviewed by Supreme Court. In re Maple Tree Place Assocs., 151 Vt. 331, 560 A.2d 382 (1989), overruled on other grounds sub nom. In re J.G. (1993) 160 Vt. 250, 627 A.2d 362.

The right to appeal under subsection (a) of this section, authorizing an immediate appeal from a preliminary, procedural, or intermediate agency action or ruling in a contested case, is limited to those cases where review of the final decision will not provide an adequate remedy, and that limitation places upon appellants the burden of demonstrating that an appeal from a final order will not provide such a remedy. In re Central Vermont Public Service Corp., 142 Vt. 138, 453 A.2d 1108 (1982).

In order to justify an appeal under subsection (a) of this section, authorizing an immediate appeal from a preliminary, procedural, or intermediate agency action or ruling in a contested case, it must at least be shown that appeal of the ultimate order will not provide an adequate remedy or that the nature of the claimed defect in the order is such that harm is greatly aggravated by delay; it is not every theoretically possible harm the imagination can conceive which will satisfy the test. In re Central Vermont Public Service Corp., 142 Vt. 138, 453 A.2d 1108 (1982).

Public utility's motion to dismiss appeal from order granting temporary rate increase was granted where appellant failed to meet the burden of demonstrating that an appeal from a final order would not provide an adequate remedy since the reasons offered by the appellant as justification for appeal under subsection (a) of this section, authorizing an immediate appeal from a preliminary, procedural or intermediate agency action or ruling, were speculative, remote, and de minimis at best. In re Central Vermont Public Service Corp., 142 Vt. 138, 453 A.2d 1108 (1982).

Issue whether Public Service Board could grant a second temporary electricity rate increase when the first was still in effect could be considered on appeal to Supreme Court under provision of this section allowing appeal of otherwise interlocutory orders if "review of the final decision would not provide an adequate remedy, and the filing of the appeal did not itself stay enforcement of the agency decision." In re Green Mountain Power Corp., 133 Vt. 107, 329 A.2d 372 (1974).

2. Standing.

Human Services Board's decision to uphold rescission of policy change that would have increased Aid to Needy Families with Children (ANFC) program benefits was a legal injury sufficient to make ANFC recipients "aggrieved" within meaning of subsection (a) of this section. In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992).

3. Nonreviewable decisions.

Supreme Court had no jurisdiction to resolve appeal on the merits of a declaratory ruling which the Commissioner of Water Resources and Environmental Engineering had no power to make. In re D. A. Associates, 150 Vt. 18, 547 A.2d 1325 (1988).

Where statutes and regulations governing State department did not require a hearing for employee challenging failure to promote him, the grievance was not a contested case within this section and employee's grievance could not be appealed to supreme court. Reed v. Department of Public Safety, 137 Vt. 9, 398 A.2d 301 (1979).

Where law governing retirement system made no provision for hearing upon any issue or determination under its terms, denial of request to add credit to an account was not a contested case within this section's provision for appeal to Supreme Court in a contested case and there could be no appeal to Superior Court under V.R.C.P. 74. Fitzpatrick v. Vermont State Retirement System, 136 Vt. 510, 394 A.2d 1138 (1978).

4. Legal issues.

Decision of Board of Education involving constitutional and legal precepts was of judicial rather than administrative nature and proper route for relief by aggrieved party was to file petition for certiorari. Campbell v. Manchester Board of School Directors, 152 Vt. 643, 565 A.2d 1318 (mem.) (1989).

5. Construction with other laws.

Given the definition of a contested case under section 801(b)(2) of this title, unless a hearing by an agency is required by statute or regulation, there is no right to judicial review under subsection (a) of this section even if an administrative decision is rendered. Barringer v. Griffes, 964 F.2d 1278 (2d Cir. 1992).

Trial court should not have relied on this section as basis for remanding denial of subdivision and site plan approval back to planning commission; court's application of this section by cross reference from statute governing appeal to Superior Court was mistaken in that statute fell far short of incorporating this chapter into appeals from decisions of other-than-state entities, and applicable procedural rule nowhere provided for remand or incorporation of other Administrative Procedure Act procedure. In re Maple Tree Place, 156 Vt. 494, 594 A.2d 404 (1991).

Appeal to the Superior Court could be had where section 3104 of this title provided that final orders of Transportation Board could be appealed to the Superior Court and this section provided that administrative appeals are to the Supreme Court unless some other court is expressly provided by law. Noble v. Delaware & Hudson Railway, 139 Vt. 47, 421 A.2d 1301 (1980).

The phrase "unless some other court is expressly provided by law" in this section applies to statutory requirements which specifically limit the courts to which an appeal can be taken and did not apply to property tax appeal to Supreme Court where, under sections 4461-4468 of Title 32, procedure alternative to de novo court review was chosen. Town of Barnet v. Central Vermont Public Service Corp., 131 Vt. 578, 313 A.2d 392 (1973).

6. Department of Motor Vehicles.

Appeal of determination by Department of Motor Vehicles that gasoline seller owed the State unpaid gasoline taxes was properly made to the Supreme Court under subsection (a) of this section; argument was rejected that jurisdiction of appeal from Department of Motor Vehicles lies in the first instance in the Superior Court. In re Kelscot, Ltd., 152 Vt. 579, 568 A.2d 378 (1989).

Cited. Willette v. Department of Social Welfare, 129 Vt. 270, 276 A.2d 608 (1971); Town of Barnet v. New England Power Co., 130 Vt. 268, 291 A.2d 396 (1972); In re Preseault, 130 Vt. 343, 292 A.2d 832 (1972); In re Rhodes, 131 Vt. 308, 305 A.2d 591 (1973); In re New England Telephone & Telegraph Co., 131 Vt. 310, 305 A.2d 598 (1973); Pizzagalli Construction Co. v. Department of Taxes, 132 Vt. 496, 321 A.2d 437 (1974); In re Allied Power & Light Co., 132 Vt. 554, 326 A.2d 160 (1974); In re Vermont Welfare Rights Organization, 132 Vt. 622, 326 A.2d 828 (1974); In re Woods, 133 Vt. 126, 330 A.2d 94 (1974); In re City of Barre, 134 Vt. 519, 365 A.2d 519 (1976); In re Green Mountain Power Corp., 138 Vt. 213, 414 A.2d 1159 (1980); Department of Taxes v. Tri-State Industrial Laundries, Inc., 138 Vt. 292, 415 A.2d 216 (1980); City of Barre v. Town of Orange, 138 Vt. 484, 417 A.2d 939 (1980); American Trucking Ass'ns, Inc. v. Conway, 514 F. Supp. 1341 (D. Vt. 1981); Town of Springfield v. State of Vermont Environmental Board, 521 F. Supp. 243 (D. Vt. 1981); In re Lunde Construction Co., 139 Vt. 376, 428 A.2d 1140 (1981); Town of Cambridge v. Bassett, 142 Vt. 171, 453 A.2d 413 (1982); In re Desautels Real Estate, Inc., 142 Vt. 326, 457 A.2d 1361 (1982); In re Reclassification of Airport & Pond Brooks, 142 Vt. 458, 457 A.2d 635 (1983); In re Handy, 144 Vt. 610, 481 A.2d 1051 (1984); In re Vermont Health Service Corp., 144 Vt. 617, 482 A.2d 294 (1984); McGlynn v. Town of Woodbury, 148 Vt. 340, 533 A.2d 1187 (1987); Muzzy v. Chevrolet Division, General Motors Corp., 153 Vt. 179, 571 A.2d 609 (1989); In re Vermont Marble Co., 162 Vt. 355, 648 A.2d 381 (1994).

§ 816. Exemptions.

  1. Sections 809-813 of this title shall not apply to:
    1. Acts, decisions, findings, or determinations by the Human Services Board or the Commissioner for Children and Families or a duly authorized agent, and to procedures or hearings before and by the Board or Commissioner or agent.
    2. Acts, decisions, findings, or determinations by the Employment Security Board or the Commissioner of Labor or his or her, its, or their duly authorized agents and to any and all procedures or hearings before and by him or her or it or his or her or its agents, provided further that subdivisions 802(a)(3) and (4), and subsections 802(b) and 804(a) of this title shall not apply to information made confidential under federal or State law and provided further that subdivisions 802(a)(3) and (4), and subsections 802(b) and 804(a) shall not apply to a determination of a hearing or claims examiner or appeal referee.
    3. Acts, decisions, findings, or determinations by the Department of Labor or the Commissioner of Labor or his or her, its, or their duly authorized agents as to any and all procedures or hearings before and by the Department or Commissioner or his or her or their agents, arising out of or with respect to 21 V.S.A. chapter 5, subchapter 2, and chapters 9 and 11.
  2. Sections 809-814 of this title shall not apply to any and all acts, decisions, findings, or determinations by the Commissioner of Motor Vehicles or his or her duly authorized agents or to any and all procedures or hearings before and by him or her, or his or her agents, provided further that subsection 804(a) of this title shall not apply to decisions of that Commissioner respecting the grant, denial, suspension, or revocation of a license or registration under Title 23.
  3. This chapter shall not be construed to apply to the Commander-in-Chief or any other officer, individual, board, or set of persons in the Military Department of this State.

    Added 1967, No. 360 (Adj. Sess.), § 17, eff. July 1, 1969; amended 1981, No. 66 , § 5(b), eff. May 1, 1981; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 4; 2013, No. 15 , § 7.

History

Reference in text. Sections 802 and 804 of this title, referred to in subsecs. (a) and (b), were repealed by 1981, No. 82 , § 7.

Revision note. Reference to "Social Welfare Board" in subdiv. (a)(1) changed to "Human Services Board" pursuant to § 3090 of this title.

Reference to "sections 802(a)(3), 802(4)" in subdiv. (a)(2) changed to "sections 802(a)(3), (4)" to correct an error in the reference.

Amendments--2013. Subdivision (a)(3): Deleted "said" preceding the second instance of "agents"; inserted "21 V.S.A. chapter 5, subchapter 2, and" preceding "chapters" and deleted "of Title 21" following "11".

Amendments--2005 (Adj. Sess.). Subdivision (a)(1): Amended generally by Act No. 174.

Subdivision (a)(2): Act No. 103 substituted "commissioner of labor" for "commissioner of employment and training".

Subdivision (a)(3): Act No. 103 substituted "department of labor" for "department of labor and industry" and "commissioner of labor" for "commissioner of labor and industry".

Amendments--1999 (Adj. Sess.). Subdivision (a)(1): Substituted "commissioner of prevention, assistance, transition, and health access" for "commissioner of social welfare".

Amendments--1981. Subdivision (a)(2): Substituted "and training" for "security" following "commissioner of employment".

Cross References

Cross references. Authorization to issue subpoenas, see § 809 of this title.

ANNOTATIONS

1. Judicial notice.

On review of denial of food stamp benefits, judicial notice taken of facts contained in prior application for food stamps was proper, even though made without notice to petitioner, under exemption provisions of this section. Hall v. Department of Social Welfare, 153 Vt. 479, 572 A.2d 1342 (1990).

Cited. Cleveland v. Department of Employment Security, 138 Vt. 208, 414 A.2d 1157 (1980); In re Kelscot, Ltd., 152 Vt. 579, 568 A.2d 378 (1989).

Subchapter 3. Rulemaking; Procedures; Guidance Documents

History

Subchapter designation. 2017, No. 156 (Adj. Sess.), § 2 added the Subchapter 3 heading; § 3 of the act designated Subchapter 3 as comprising §§ 817-849 of this chapter.

§ 817. Legislative Committee on Administrative Rules.

  1. There is created a joint legislative committee to be known as the Legislative Committee on Administrative Rules.  The Legislative Committee on Administrative Rules shall be composed of eight members of the General Assembly to be appointed for two-year terms ending on February 1 of odd-numbered years as follows: four members of the House of Representatives, appointed by the Speaker of the House, not all from the same party, and four members of the Senate to be appointed by the Senate Committee on Committees, not all from the same party.  The Committee shall elect a chair and a vice chair from among its members.
  2. The Committee shall meet as necessary for the prompt discharge of its duties and may use the staff and services of the Office of Legislative Counsel and the Office of Legislative Operations. The Committee shall adopt rules to govern its operation and organization. A quorum of the Committee shall consist of five members. For attendance at a meeting when the General Assembly is not in session, members of the Legislative Committee on Administrative Rules shall be entitled to the same per diem compensation and reimbursement for necessary expenses as provided members of standing committees under 2 V.S.A. § 23 .
  3. The Legislative Committee on Administrative Rules may hold public hearings on a proposed or previously adopted rule on its own initiative.  The Committee shall give public notice of any hearing at least 10 days in advance and shall notify the agency affected. Any public hearing shall be scheduled at a time and place chosen to afford opportunity for affected persons to present their views.  As appropriate, the Legislative Committee on Administrative Rules shall consult with the standing legislative committee having jurisdiction in the area of the rule under review.
  4. In addition to its powers under section 842 of this title concerning rules, the Committee may, in similar manner, conduct public hearings, object, and file objections concerning existing rules. A rule reviewed under this subsection shall remain in effect until amended or repealed.
  5. At any time following its consideration of a final proposal under section 841 of this title, the Committee, by majority vote of the entire Committee, may request that any standing committees of the General Assembly review the issues or questions presented therein which are outside the jurisdiction of the Committee but are within the jurisdiction of the standing committees. On receiving a request for review under this subsection, a standing committee may at its discretion review the issues or questions and act on them. The Committee's request for review shall not affect the review or review period of a final proposal.

    Added 1975, No. 211 (Adj. Sess.), § 1; amended 1979, No. 59 , § 12; 1981, No. 82 , § 4; 1983, No. 88 , § 10, eff. July 3, 1983; 2011, No. 89 (Adj. Sess.), § 2; 2013, No. 161 (Adj. Sess.), § 72; 2019, No. 144 (Adj. Sess.), § 20.

History

Revision note. In subsec. (d), inserted "of this title" following "section 842" to conform reference to V.S.A. style.

Amendments--2019 (Adj. Sess.). Subsec. (b): Substituted "Office of Legislative Counsel and the Office of Legislative Operations" for "Legislative Council" in the first sentence and substituted "2 V.S.A. § 23" for "2 V.S.A. § 406" at the end of the last sentence.

Amendments--2013 (Adj. Sess.). Subsection (a): Substituted "chair" for "chairman" and "vice chair" for "vice chairman".

Amendments--2011 (Adj. Sess.) Subsection (e): Added.

Amendments--1983. Subsection (b): Substituted "of standing committees under 2 V.S.A. § 406" for "for attendance at sessions of the general assembly" following "provided members" in the fourth sentence.

Amendments--1981. Subsection (d): Added.

Amendments--1979. Subsection (b): Rewrote the fourth sentence.

§ 818. Secretary of State; centralized rule system.

  1. The Secretary of State shall establish and maintain a centralized rule system that is open and available to the public. The system shall include all rules in effect or proposed as of July 1, 2019 and all rules proposed and adopted by agencies of the State after that date.
  2. The Secretary shall design the centralized rule system to:
    1. facilitate public notice of and access to the rulemaking process;
    2. provide the public with greater access to current and previous versions of adopted rules; and
    3. promote more efficient and transparent filing by State agencies of rulemaking documents and review by the committees established in this chapter.
  3. At a minimum, the records included in the system shall include all documents submitted to the Secretary of State under this subchapter.
  4. The centralized rule system may be digital, may be available online, and may be designed to support such other functions as the Secretary of State determines are consistent with the goals of this section and section 800 of this title.

    Added 2017, No. 156 (Adj. Sess.), § 2, eff. July 1, 2019.

History

Former § 818. Former § 818, relating to rules proposed on or after July 1, 1976, was derived from 1975, No. 211 (Adj. Sess.), § 4. This section was previously repealed by 1981, No. 82 , § 7(5).

§ 819. Repealed. 1981, No. 82, § 7(6).

History

Former § 819. Former § 819, relating to rules in effect prior to July 1, 1976, was derived from 1975, No. 211 (Adj. Sess.), § 5.

§ 820. Interagency Committee on Administrative Rules.

  1. For assistance in the review, evaluation and coordination of programs and activities of State agencies, the development of strategies for maximizing public input, and the promotion of consistent measures among agencies for involving the public in the rulemaking process, subject to the provisions of this chapter, an Interagency Committee on Administrative Rules is created. Members of the Committee shall be appointed by the Governor from the Executive Branch and shall serve at his or her pleasure.
  2. The duties and responsibilities of the Committee shall be those established under this section or those directed by the Governor and shall include review of existing and proposed rules of agencies designated by the Governor for style, consistency with the law, legislative intent, and the policies of the Governor. The Committee shall make reports and recommendations concerning programs and activities of designated agencies subject to this chapter.
  3. After a proposed rule is prefiled with the Committee, the Committee shall work with the agency and prescribe a strategy for maximizing public input on the proposed rule. The Committee shall evaluate the current efforts and practices of agencies for including the public in the development of proposed rules, and shall recommend an appropriate process for maximizing public input, based on the Committee's evaluation of current agency practices and the importance of public involvement, given the nature of the proposed rule. The Committee shall prescribe a specific strategy regarding the location, time and frequency of public hearings, and advise the agency on specific provisions of 1 V.S.A. chapter 5 and the consequences of failing to adhere to the prescribed strategy.

    Added 1975, No. 211 (Adj. Sess.), § 2; amended 1981, No. 82 , § 5; 1999, No. 146 (Adj. Sess.), § 3; 2001, No. 149 (Adj. Sess.), § 47, eff. June 27, 2002.

History

Amendments--2001 (Adj. Sess.). Subsection (c): Added the last two sentences.

Amendments--1999 (Adj. Sess.). Subsection (a): Inserted "the development of strategies for maximizing public input, and the promotion of consistent measures among agencies for involving the public in the rulemaking process" following "state agencies" in the first sentence and "or her" following "his" in the second sentence.

Subsection (b): Inserted "establish under this section of those" preceding "directed by the governor" in the first sentence.

Subsection (c): Added.

Amendments--1981. Substituted "administrative rules" for "rules and administrative procedures" following "committee on" in the catchline.

Subsection (a): Substituted "administrative rules" for "rules and administrative procedures" following "committee on" in the first sentence.

Subsection (b): Rewrote the first sentence.

Subsection (c): Repealed.

§ 821. -830. [Reserved.].

  1. Where due process or a statute directs an agency to adopt rules, the agency shall initiate rulemaking and adopt rules in the manner provided by sections 836-844 of this title.
  2. An agency shall adopt a procedure describing an existing practice when so requested by an interested person.
  3. An agency shall initiate rulemaking to adopt as a rule an existing practice or procedure when so requested by 25 or more persons or by the Legislative Committee on Administrative Rules. An agency shall not be required to initiate rulemaking with respect to any practice or procedure, except as provided by this subsection.
  4. An agency required to hold hearings on contested cases as required by section 809 of this title shall adopt rules of procedure in the manner provided in this chapter.
  5. Within 30 days after an agency discovers that the text of a final proposed rule as submitted to the Legislative Committee on Administrative Rules deviates from the text that the agency intended to submit to the Committee, the agency shall initiate rulemaking to correct the rule if the period for final adoption of the rule under subsection 843(c) of this title has elapsed.
  6. Except as provided in subsections (a)-(e) of this section, an agency shall not be required to initiate rulemaking or to adopt a procedure or a rule.

    Added 1981, No. 82 , § 6; amended 1995, No. 61 , § 1; 2001, No. 149 (Adj. Sess.), § 48, eff. June 27, 2002; 2017, No. 156 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Added new subsec. (e), redesignated former subsec. (e) as subsec. (f), and in subsec. (f), substituted "subsections (a)-(e)" for "subsections "(a)-(d)".

Amendments--2001 (Adj. Sess.) Subsection (a): Amended generally.

Subsection (c): Added the last sentence.

Subsection (e): Added.

Amendments--1995. Subsection (a): Substituted "that all rules adopted by the agency be adopted" for "or permitting the agency to adopt rules" following "requiring".

Legislative intent. 2001, No. 149 (Adj. Sess.), § 45 provides:

"(a) The general assembly finds that:

"(1) public participation in the rulemaking process of state agencies is essential to the proper development of such rules;

"(2) current procedures for accommodating public input vary among state agencies;

"(3) the interagency committee on administrative rules has the ability to work with agencies at an early stage in the rulemaking process, and should work with agencies to develop strategies to maximize public input;

"(4) standing committees should be accorded an enhanced opportunity to review proposed rules, and recommend appropriate courses of action to the legislative committee on administrative rules.

"(b) The general assembly intends that:

"(1) standing committees which introduce proposed legislation which enables a state agency to adopt rules should, to the greatest extent possible, express the intent of the proposed legislation and construe the agency's authority as narrowly as possible;

"(2) state agencies should only be required to initiate rulemaking and adopt rules when due process or a statute requires".

ANNOTATIONS

Cited. In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992).

§ 832. Exemptions; limitations.

  1. No agency shall be required to adopt a procedure or rule:
    1. which may result in the disclosure of information considered by statute to be confidential;
    2. setting forth guidelines to be used by the staff of an agency in the performance of audits, investigations, inspections, in settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution, or settlement of cases, if the disclosure of the statement would:
      1. enable law violators to avoid detection;
      2. facilitate disregard of requirements imposed by law; or
      3. give a clearly improper advantage to persons who are in an adverse position to the state; or
    3. describing the content of an agency budget.
  2. Subsection 831(c) of this title does not require any agency to adopt rules:
    1. establishing specific prices to be charged for particular goods or services sold by an agency;
    2. concerning only the physical servicing, maintenance, or care of agency owned or operated facilities or property;
    3. relating only to the use of a particular facility or property owned, operated, or maintained by the State or any of its subdivisions, if the substance of that rule is adequately indicated by means of signs or signals to persons who use the facility or property;
    4. concerning only inmates of a correctional or detention facility, students enrolled in an educational institution, or patients admitted to a hospital, if adopted by that facility, institution, or hospital.
  3. Subsections 831(b) and (c) of this title do not require the Attorney General to adopt procedures or rules describing the content of opinions or other legal advice given to agencies.
  4. Notwithstanding subsections 831(b) and (c), when an agency receives a request to adopt a procedure or rule, it may elect to issue a declaratory ruling when it has in effect a procedure or rule, as requested, which disposes of the question presented.

    Added 1981, No. 82 , § 6.

History

2003. In subsecs. (b)-(d), substituted "Subsection 831(c) of this title" for "Section 831(c) of this title", "Subsections 831(b) and (c) of this title" for "Sections 831(b) and (c) of this title", and "subsections 831(b) and (c) of this title" for "sections 831(b) and (c) of this title" respectively, to conform references to V.S.A. style.

Substituted "goods" for "good" in subdiv. (b)(1) to correct a typographical error.

ANNOTATIONS

1. Rules concerning benefits.

This section does not exempt rules concerning benefits from coverage of this chapter. In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992).

§§ 832a, 832b. Repealed. 2017, No. 156 (Adj. Sess.), § 2.

History

Former §§ 832a, 832b. Former § 832a, relating to rules affecting small businesses, was derived from 1985, No. 56 , § 2. The subject matter is now covered under § 838(b) of this chapter.

Former § 832b, relating to administrative rules affecting school districts, was derived from 2003, No. 68 , § 44. The subject matter is now covered under § 838(b) of this chapter.

Annotations From Former § 832a

1. Construction.

Small business provisions of Administrative Procedure Act did not confer any substantive rights on small businesses or impose any substantive obligation on Agency of Natural Resources; nor did they provide small businesses with any additional grounds to contest a regulation, absent Agency's failure to consider enumerated alternatives. Gasoline Marketers of Vermont, Inc. v. Agency of Natural Resources, 169 Vt. 504, 739 A.2d 1230 (1999).

2. Definition of small business.

Regulations promulgated by Agency of Natural Resources to control vapor emissions at gasoline pumps were not invalid due to Agency's failure to use statutory definition of a small business as one with twenty or fewer employees; Agency's use of 400,000 gallon-per-year throughput standard to exempt and phase-in small businesses was better calibrated to assess economic impact of regulation, and was reasonable on its face. Gasoline Marketers of Vermont, Inc. v. Agency of Natural Resources, 169 Vt. 504, 739 A.2d 1230 (1999).

§ 833. Style of rules.

  1. Rules and procedures shall be written in a clear and coherent manner using words with common and everyday meanings, consistent with the text of the rule or procedure.
    1. When an agency proposes to amend an existing rule, it shall replace terms identified as potentially disrespectful by the study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1 with respectful language recommended therein or used in the Vermont Statutes Annotated, where appropriate. (b) (1)  When an agency proposes to amend an existing rule, it shall replace terms identified as potentially disrespectful by the study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1 with respectful language recommended therein or used in the Vermont Statutes Annotated, where appropriate.
    2. All new rules adopted by agencies shall use, to the fullest extent possible, respectful language consistent with the Vermont Statutes Annotated and the respectful language study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1, where appropriate.
  2. The Secretary of State may issue a guidance document suggesting how agencies may draft rules and procedures in accordance with this section. The guidance document may include suggestions on style, numbering, and drafting the content of the filings required under this subchapter.

    Added 1981, No. 82 , § 6; amended 2013, No. 96 (Adj. Sess.), § 7; 2017, No. 156 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Subsec. (c): Added.

Amendments--2013 (Adj. Sess.). Designated the existing provision of section as subsection (a), and added subsection (b).

§ 834. Periodic review of rules and forms.

  1. Upon written request to an agency by the Legislative Committee on Administrative Rules, a rule or part of a rule that has not been adopted, readopted or substantially amended during the preceding six years shall expire one year from the date of the request. However, this section does not prevent the agency from adopting the same or a similar rule during that year.
  2. The Secretary of State shall review all forms used by agencies and affecting members of the public and shall make recommendations for their simplification and consolidation. Agencies shall provide the Secretary with information reasonably requested for this purpose.  The recommendations shall be sent to the agencies concerned, and to the Chairs of the Legislative Committee on Administrative Rules and of the Interagency Committee on Administrative Rules.

    Added 1981, No. 82 , § 6.

§ 835. Procedures and guidance documents.

  1. Procedures and guidance documents shall be maintained by the agency in an official current compilation that includes an index. Each addition, change, or deletion to the official compilation shall also be dated, indexed, and recorded. The agency shall publish the compilation and index on its Internet website and make all procedures and guidance documents available to the public. On or after January 1, 2024, an agency shall not rely on a procedure or guidance document or cite it against any party to a proceeding, unless the procedure or guidance document is included in a compilation maintained and published in accordance with this subsection.
  2. A procedure or guidance document shall not have the force of law. However, this subsection shall not apply to a procedure if a statute that specifically enables the procedure states that it has the force of law. This subsection is not intended to affect whether a court or quasi-judicial body gives deference to a procedure or guidance document issued by an agency whose action is before the court or body.

    Added 1981, No. 82 , § 6; amended 2017, No. 156 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Heading and section amended generally.

Cross References

Cross references. Access to public records, see 1 V.S.A. § 310 et seq.

§ 836. Procedure for adoption of rules.

Except for emergency rules, rules shall be adopted by taking the following steps:

  1. prefiling, when required;
  2. filing the proposed rule;
  3. publishing the proposed rule;
  4. holding a public hearing and receiving comments;
  5. filing the final proposal;
  6. responding to the Legislative Committee on Administrative Rules when required; and
  7. filing the adopted rule.

    (b) During the rulemaking process, the agency proposing the rule shall post on its website information concerning the proposal.

    (1) The agency shall post the information on a separate page that is readily accessible from a prominent link on its main web page and that lists proposed rules by title and topic.

    (2) For each rulemaking, the posted information shall include:

    1. The proposed rule as filed under section 838 of this title.
    2. The date by which comments may be submitted on the proposed rule and the address for such submission.
    3. The date and location of any public hearing.
    4. Each comment submitted to the agency on the proposed rule. The agency shall redact sensitive personal information from the posted comments. As used in this subdivision (D), "sensitive personal information" means each of the items listed in 9 V.S.A. § 2430(5)(A) (i)-(iv) and does not include the name, affiliation, and contact information of the commenter.
    5. The final proposed rule as filed under section 841 of this title.
    6. Each document submitted by the agency to the Legislative Committee on Administrative Rules.

      (3) The agency shall maintain the information required by this subsection on its website until the earliest of the following dates: filing of a final adopted rule under section 843 of this title; withdrawal of the proposed rule; or expiration of the period for final adoption under subsection 843(c) of this title.

      (4) If an agency is a board or commission exercising quasi-judicial functions and members of the public can access all of the information required by subdivision (2) of this subsection through the agency's online case-management system, this information need not also be posted on the agency's website. Instead, the list of proposed rules on the agency's website shall include the case number for each proposed rule and instructions for accessing all of the information about the proposed rule in the agency's online case-management system.

      Added 1981, No. 82 , § 6; amended 2017, No. 156 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Added the subsec. (a) designation and amended the subsec. generally and added subsec. (b).

Submission of rules proposed by the secretary of the agency of human services to the general assembly. 1985, No. 75 , § 7, eff. March 1, 1986, provides that the secretary of the agency of human services shall file copies of the rules proposed under the provisions of 8 V.S.A. § 4099 by Jan. 15, 1986. Prior to adoption, the secretary shall file the proposed rules with the speaker of the house and the president pro tempore of the senate for distribution to members of the general assembly for the purpose of obtaining legislative comment.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former section 803 of this title.

Cited. In re Telesystems, Corp., 143 Vt. 504, 469 A.2d 1169 (1983); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992).

§ 837. Prefiling.

Except for emergency rules, a rule shall be prefiled with the Interagency Committee on Administrative Rules 15 days before filing under section 838 of this title.

Added 1981, No. 82 , § 6; amended 2001, No. 149 (Adj. Sess.), § 49, eff. June 27, 2002.

History

Revision note. Subsection designation at beginning of section deleted to conform section to V.S.A. style.

Inserted "of this title" following "section 838" to conform reference to V.S.A. style.

Amendments--2001 (Adj. Sess.) Section amended generally.

ANNOTATIONS

Cited. In re Telesystems, Corp., 143 Vt. 504, 469 A.2d 1169 (1983); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992).

§ 838. Filing of proposed rules.

  1. Filing; information.  Proposed rules shall be filed with the Secretary of State in a format determined by the Secretary that includes the following information:
    1. The name of the agency and the subject or title of the rule.
    2. An analysis of economic impact.
    3. An analysis of environmental impact.
    4. An explanation of all material incorporated by reference, if any.
    5. The text of the proposed rule.
    6. An annotated text showing changes from existing rules. The annotated text of the rule shall include markings to indicate clearly changed wording from any existing rule.
    7. An explanation of the strategy for maximizing public input on the proposed rule as prescribed by the Interagency Committee on Administrative Rules.
    8. A brief summary of the scientific information upon which the proposed rule is based, to the extent the proposed rule depends on scientific information for its validity. The summary shall refer to the scientific studies on which the proposed rule is based and shall explain the procedure for obtaining such studies from the agency.
    9. A concise summary in plain language explaining the rule and its effect.
    10. The specific statutory authority for the rule, and, if none exists, the general statutory authority for the rule.
    11. An explanation of why the rule is necessary.
    12. An explanation of the people, enterprises, and government entities affected by the rule.
    13. The name, address, and telephone number of an individual in the agency able to answer questions and receive comments on the proposal.
    14. A proposed schedule for completing the requirements of this chapter, including, if there is a hearing scheduled, the date, time, and place of that hearing and a deadline for receiving comments.
    15. Whether the rule contains an exemption from inspection and copying of public records or otherwise contains a Public Records Act exemption by designating information as confidential or limiting its public release and, if so, the asserted statutory authority for the exemption and a brief summary of the reason for the exemption.
    16. A signed and dated statement by the adopting authority approving the contents of the filing.
  2. Economic impact analysis; rules affecting small businesses and school districts.
    1. General requirements.  The economic impact analysis shall analyze the anticipated costs and benefits to be expected from adoption of the rule. Specifically, each economic impact analysis shall, for each requirement in the rule:
      1. list each category of people, enterprises, and government entities potentially affected and estimate for each the costs and benefits anticipated; and
      2. compare the economic impact of the rule with the economic impact of other alternatives to the rule, including having no rule on the subject or a rule having separate requirements for small businesses.
    2. Small businesses.  When a rule provides for the regulation of a small business, in the economic impact analysis, the agency shall include, when appropriate, a specific and clearly demarcated evaluation of ways by which a small business can reduce the cost and burden of compliance by specifying less numerous, detailed, or frequent reporting requirements or alternative methods of compliance. When an agency determines that such an evaluation is not appropriate, the economic impact statement shall briefly explain the reasons for this determination.
      1. An agency shall also include in this evaluation its consideration of creative, innovative, or flexible methods of compliance with the rule when the agency finds, in writing, that these methods of compliance would not:

        significantly reduce the effectiveness of the rule in achieving the objectives or purposes of the statutes being implemented or interpreted; or

        be inconsistent with the language or purpose of statutes that are implemented or interpreted by the rule; or

        increase the risk to the health, safety, or welfare of the public or to the beneficiaries of the regulation or compromise the environmental standards of the State.

        This subdivision (2) shall not apply when the regulation is incidental to:

        a purchase of goods or services by the State or an agency thereof; or

        the payment for goods or services by the State or an agency thereof for the benefit of a third party.

        School districts. If a rule affects or provides for the regulation of public education and public schools, the economic impact analysis shall include a specific and clearly demarcated evaluation of the cost implications to local school districts and school taxpayers and shall clearly state the associated costs. This evaluation also shall include consideration of alternatives to the rule, including having no rule on the subject, that would reduce or ameliorate costs to local school districts while achieving the objectives or purposes of the proposed rule.

        Most appropriate method. In addition, each economic impact analysis shall conclude that the rule is the most appropriate method of achieving the regulatory purpose. Only employees of the agency and information either already available to the agency or available at reasonable cost need be used in preparing economic impact analyses.

      2. A copy of the code, standard, or rule is made available for public inspection at the principal office of the agency, and is available at that office for copying in the manner set forth in 1 V.S.A. § 316 and subject to the exceptions set forth in 1 V.S.A. § 317(c) .
      3. The incorporated code, standard, or rule is made available for free public access online unless the agency is prevented from providing such access by law or legally enforceable contract.

        Added 1981, No. 82 , § 6; amended 1985, No. 56 , § 3; 1999, No. 146 (Adj. Sess.), § 4; 2001, No. 149 (Adj. Sess.), § 50, eff. June 27, 2002; 2007, No. 209 (Adj. Sess.), § 1; 2015, No. 3 , § 1; 2017, No. 156 (Adj. Sess.), § 2.

  3. Environmental impact analysis.  The environmental impact analysis shall:

    Analyze the anticipated environmental impacts, whether positive or negative, from adoption of the rule. Examples of environmental impacts include the emission of greenhouse gases; the discharge of pollutants to water; and effects on the ability of the environment to provide benefits such as food and fresh water, regulation of climate and water flow, and recreation.

    Compare the environmental impact of the rule with the environmental impact of other alternatives to the rule, including having no rule on the subject.

    Incorporation by reference.

    A rule may incorporate by reference all or any part of a code, standard, or rule that has been adopted by an agency of the United States, this State, or another state or by a nationally recognized organization or association, if:

    repeating verbatim the text of the code, standard, or rule in the rule would be unduly cumbersome, expensive, or otherwise inexpedient; and

    the reference in the rule fully identifies the incorporated code, standard, or rule by citation, date, and place where copies are available.

    Materials incorporated by reference shall be readily available to the public. As used in this subsection, "readily available" means that all of the following apply:

    (A) Each filing states where copies of the incorporated code, standard, or rule are available in written or electronic form from the agency adopting the rule or the agency of the United States, this State, another state, or the organization or association originally issuing the code, standard, or rule.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2015. Deleted "and" following "comments;" at the end of subdiv. (b)(9), added subdiv. (b)(10), and redesignated former subdiv. (b)(10) as present subdiv. (b)(11).

Amendments--2007 (Adj. Sess.). Subsection (c): Made structural changes to accommodate an undesignated paragraph and added subdivision (1)(D).

Amendments--2001 (Adj. Sess.) Subdivision (b)(4): Inserted "specific" preceding "statutory authority" and added "and, if none exists, the general statutory authority for the rule".

Amendments--1999 (Adj. Sess.). Subsection (a): Made minor stylistic changes in subdivs. (5) and (6) and added subdivs. (7) and (8).

Subsection (g): Added.

Amendments--1985. Subsection (c): Added "and, with respect to small businesses, contain any findings required by section 832a of this title" following "purpose" at the end of the third sentence.

Subdivision (c)(2): Added "or a rule having separate requirements for small business" following "subject".

Subdivision (c)(3): Added.

ANNOTATIONS

1. Small business.

Small business provisions of Administrative Procedure Act did not confer any substantive rights on small businesses or impose any substantive obligation on Agency of Natural Resources; nor did they provide small businesses with any additional grounds to contest a regulation, absent Agency's failure to consider enumerated alternatives. Gasoline Marketers of Vermont, Inc. v. Agency of Natural Resources, 169 Vt. 504, 739 A.2d 1230 (1999).

Regulations promulgated by Agency of Natural Resources to control vapor emissions at gasoline pumps were not invalid due to Agency's failure to use statutory definition of a small business as one with twenty or fewer employees; Agency's use of 400,000 gallon-per-year throughput standard to exempt and phase-in small businesses was better calibrated to assess economic impact of regulation, and was reasonable on its face. Gasoline Marketers of Vermont, Inc. v. Agency of Natural Resources, 169 Vt. 504, 739 A.2d 1230 (1999).

Cited. In re Telesystems, Corp., 143 Vt. 504, 469 A.2d 1169 (1983); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992).

§ 839. Publication of proposed rules.

  1. Online.  The Secretary of State shall publish online notice of a proposed rule within two weeks after receipt of the proposed rule. Notice shall include the following information:
    1. the name of the agency;
    2. the title or subject of the rule;
    3. a concise summary in plain language of the effect of the rule;
    4. an explanation of the people, enterprises, and governmental entities affected by the rule;
    5. a brief summary of the economic impact;
    6. the name, telephone number, and address of an agency official able to answer questions and receive comments on the proposal;
    7. the date, time, and place of the hearing or hearings; and
    8. the deadline for receiving comments.
  2. Editing of notices.  The Secretary of State may edit all notices for clarity, brevity, and format and shall include a brief statement explaining how members of the public can participate in the rulemaking process.
  3. Newspaper publication.  The Secretary of State shall arrange for one formal publication, in a consolidated advertisement in newspapers having general circulation in different parts of the State as newspapers of record approved by the Secretary of State, of information relating to all proposed rules that includes the following information:
    1. the name of the agency and its Internet address;
    2. the title or subject and a concise summary of the rule and the Internet address at which the rule may be viewed; and
    3. the office name, office telephone number, and office mailing address of an agency official able to answer questions and receive comments on the proposal.
  4. Reimbursement.  The Secretary of State shall be reimbursed by agencies making publication in accordance with subsection (c) of this section so that all costs are prorated among agencies publishing at the same time.

    Added 1981, No. 82 , § 6; amended 2009, No. 146 (Adj. Sess.), § F2; 2013, No. 1 , § 79; 2017, No. 156 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Added headings for subsecs. (a) through (d); substituted "after" for "of" preceding "receipt" in the first sentence of subsec. (a); and inserted "in plain language" following "summary" in subdiv. (a)(3), "the" preceding "economic" in subdiv. (a)(5), and "and the Internet address at which the rule may be viewed" in subdiv. (c)(2).

Amendments--2013. Subsections (c), (d): Added.

Amendments--2009 (Adj. Sess.). Rewrote the section.

ANNOTATIONS

Cited. In re Telesystems, Corp., 143 Vt. 504, 469 A.2d 1169 (1983); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992).

§ 840. Public hearing and comment.

  1. The agency may hold one or more public hearings for each proposed rule.  A public hearing shall be scheduled if so requested by 25 persons, by a governmental subdivision or agency, by the Interagency Committee on Administrative Rules, or by an association having 25 or more members.  The first hearing shall not be held sooner than 30 days following the notice required by section 839 of this title.
  2. On request, the agency shall promptly provide a copy of a proposed or final proposed rule.  If the copy is mailed, it shall be sent not later than the end of the third working day after the request is received.  The agency may charge for copying costs in the amount provided by law.
  3. An agency shall afford all persons reasonable opportunity to submit data, views or arguments, orally or in writing, at least through the seventh day following the last public hearing.
  4. The agency shall consider fully all written and oral submissions concerning the proposed rule, and all submissions on separate requirements for small businesses. The agency shall provide information to all individuals, who submitted written or oral comment, on the procedure for adoption of rules and how to obtain changes in the proposed rule.
  5. If requested by an interested person at any time before 30 days after final adoption of a rule, the adopting authority shall issue an explanation of the proposed rule.  The explanation shall include:
    1. a concise statement of the principal reasons for and against the adoption of the rule in its final form; and
    2. an explanation of why the adopting authority overruled the arguments and considerations against the rule.

      Added 1981, No. 82 , § 6; amended 1985, No. 56 , § 4; 1999, No. 146 (Adj. Sess.), § 5; 2009, No. 146 (Adj. Sess.), § F3.

History

Revision note. In subsec. (c), inserted "of this title" following "section 839" to conform reference to V.S.A. style.

Amendments--2009 (Adj. Sess.). Subsection (a): Substituted "30" for "10" and "notice required by section 839 of this title" for "second formal publication".

Subsection (c): Deleted "in accordance with the terms of the notice given under section 839 of this title" following "in writing".

Amendments--1999 (Adj. Sess.). Subsection (a): Inserted "by the interagency committee on administrative rules" following "or agency" in the second sentence.

Subsection (d): Added the second sentence.

Amendments--1985. Subsection (d): Added "and all submissions on separate requirements for small businesses" following "rule".

ANNOTATIONS

Cited. In re Telesystems, Corp., 143 Vt. 504, 469 A.2d 1169 (1983); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992).

§ 841. Final proposal.

  1. After considering public comment as required in section 840 of this title, an agency shall file a final proposal with the Secretary of State and with the Legislative Committee on Administrative Rules. The Committee may require that the agency include an electronic copy of the final proposal with its filing.
  2. The filing of the final proposal shall include all information required to be filed with the original proposal, suitably amended to reflect any changes made in the rule and the fact that public hearing and comment have been completed.
    1. With the final proposal, the agency shall include a statement that succinctly and separately addresses each of the following:
      1. how the proposed rule is within the authority of the agency;
      2. why the proposed rule is not arbitrary;
      3. the strategy for maximizing public input that was prescribed by the Interagency Committee on Administrative Rules and the actions taken by the agency that demonstrate compliance with that strategy;
      4. the sufficiency of the economic impact analysis; and
      5. the sufficiency of the environmental impact analysis.
    2. When an agency decides in a final proposal to overrule substantial arguments and considerations raised for or against the original proposal or to reject suggestions with respect to separate requirements for small businesses, the final proposal shall include a description of the reasons for the agency's decision.
  3. The Legislative Committee on Administrative Rules shall distribute a copy of the final proposal to:
    1. the chairs of the appropriate standing committees;
    2. each member of the appropriate standing committees who requests a copy of the filing; and
    3. the Chairs of the House and Senate Committees on Government Operations, if the cover sheet accompanying the filing identifies a Public Records Act exemption in the rule.
  4. The chair of a standing committee that considered legislation delegating rulemaking authority and, in the case of rules that create or enlarge the scope of a Public Records Act exemption, the Chairs of the House and Senate Committees on Government Operations, may convene the committee for the purpose of considering a recommended course of action for the Legislative Committee on Administrative Rules. The chair may convene such a meeting, pursuant to 2 V.S.A. § 23 , while the General Assembly is not in session. Any recommended course of action shall be filed with the Legislative Committee on Administrative Rules no later than five working days before the Committee has scheduled a review of the proposed rule.

    Added 1981, No. 82 , § 6; amended 1985, No. 56 , § 5; 1989, No. 134 (Adj. Sess.); 1999, No. 146 (Adj. Sess.), § 6; 2001, No. 149 (Adj. Sess.), § 51, eff. June 27, 2002; 2015, No. 3 , § 2; 2017, No. 156 (Adj. Sess.), § 2.

History

2020. In subsec. (d), in the second sentence, substituted "2 V.S.A. § 23" for "2 V.S.A. § 406" in accordance with 2019, No. 144 (Adj. Sess.), § 12(2).

In subsec. (a), inserted "of this title" following "section 840" to conform reference to V.S.A. style.

Amendments--2017 (Adj. Sess.). Subsec. (a): Added the last sentence.

Subsec. (b): Added subdiv. (1) and the subdiv. (2) designation, and substituted "When" for "where" at the beginning of subdiv. (2).

Amendments--2015. Amended section generally.

Amendments--2001 (Adj. Sess.) Subsection (c): Amended generally.

Subsection (d): Added.

Amendments--1999 (Adj. Sess.). Subsection (c): Substituted "rules to all members of the standing committees which considered legislation delegating rule-making authority" for "rules to the chairs of the appropriate standing committees" in the first sentence and deleted the second sentence.

Amendments--1989 (Adj. Sess.). Subsection (c): Substituted "proposed rules" for "proposals" following "final" and inserted "chairs of the" preceding "appropriate" in the first sentence and added the second sentence.

Amendments--1985. Subsection (b): Inserted "or to reject suggestions with respect to separate requirements for small businesses" following "original proposal" in the second sentence.

Expiration of 1999 (Adj. Sess.) amendment 1999, No. 146 (Adj. Sess.), § 10, provided for the sunset of the amendment to subsec. (c) of this section, by section 6 of this act, on May 1, 2002.

ANNOTATIONS

Cited. In re Telesystems, corp., 143 Vt. 504, 469 A.2d 1169 (1983); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992); Martin v. State, 175 Vt. 80, 819 A.2d 742 (2003).

§ 842. Review by Legislative Committee.

  1. Objection; time frame; process.
    1. Within 45 days after the filing of a final proposal unless the agency consents to an extension of this review period, the Legislative Committee on Administrative Rules, by majority vote of the entire Committee, may object under subsection (b) of this section and recommend that the agency amend or withdraw the proposal. The agency shall be notified promptly of the objections. Failure to give timely notice shall be deemed approval.
    2. The agency shall within 14 days after receiving notice respond in writing to the Committee and send a copy to the Secretary of State. In its response, the agency may include revisions to the proposed rule or filing documents that seek to cure defects noted by the Committee.
    3. After receipt of this response, the Committee may withdraw or modify its objections.
  2. Grounds for objection.  The Committee may object under this subsection if:
    1. a proposed rule is beyond the authority of the agency;
    2. a proposed rule is contrary to the intent of the Legislature;
    3. a proposed rule is arbitrary;
    4. the agency did not adhere to the strategy for maximizing public input prescribed by the Interagency Committee on Administrative Rules;
    5. a proposed rule is not written in a satisfactory style in accordance with section 833 of this title;
    6. the economic impact analysis fails to recognize a substantial economic impact of the proposed rule, fails to include an evaluation and statement of costs to local school districts required under section 838 of this title, or fails to recognize a substantial economic impact of the rule to such districts; or
    7. the environmental impact analysis fails to recognize a substantial environmental impact of the proposed rule.

      Objections; legal effect.

      (1) When objection is made under this section, and the objection is not withdrawn after the agency responds, on majority vote of the entire Committee, it may file the objection in certified form with the Secretary of State. The objection shall contain a concise statement of the Committee's reasons for its action. The Secretary shall affix to each objection a certification of its filing and as soon as practicable transmit a copy to the agency.

      (2) After a Committee objection is filed with the Secretary under this subsection, or on the same grounds under subsection 817(d) of this title, to the extent that the objection covers a rule or portion of a rule, the burden of proof thereafter shall be on the agency in any action for judicial review or for enforcement of the rule to establish that the part objected to is within the authority delegated to the agency, is consistent with the intent of the Legislature, is not arbitrary, and is written in a satisfactory style in accordance with section 833 of this title, and that the agency did adhere to the strategy for maximizing public input prescribed by the Interagency Committee on Administrative Rules and its economic and environmental impact analyses did not fail to recognize a substantial economic or environmental impact. The objection of the Committee shall not be admissible evidence in any proceeding other than to establish the fact of the objection. If the agency fails to meet its burden of proof, the court shall declare the whole or portion of the rule objected to invalid.

      (3) The failure of the Committee to object to a rule is not an implied legislative authorization of its substantive or procedural lawfulness.

      (d) Notice of objection; inclusion on rule copies. When an objection is made under subsection (b) of this section and has been certified by the Secretary of State, notice of the objection shall be included on all copies of the rule distributed to the public.

      Added 1981, No. 82 , § 6; amended 1981, No. 158 (Adj. Sess.), § 1; 1999, No. 9 , § 1, eff. May 4, 1999; 2001, No. 149 (Adj. Sess.), § 52, eff. June 27, 2002; 2017, No. 156 (Adj. Sess.), § 2; 2019, No. 12 , § 1, eff. April 30, 2019.

History

Revision note. In subsec. (a), inserted "of this section" following "subsections (b), (c) or (d)" to conform reference to V.S.A. style.

In subsec. (c), inserted "of this title" following "section 833" to conform reference to V.S.A. style.

Amendments--2019. Subsec. (a): Added the subdiv. (1)-(3) designations.

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2001 (Adj. Sess.) Subsection (b): Deleted "a proposed rule is" at the end of the introductory language, inserted "a proposed rule is" at the beginning of subdivs. (b)(1), (b)(2) and (b)(3), added subdiv. (b)(4), and the concluding language of the subsection and made minor stylistic and punctuation changes.

Amendments--1999. Subsection (a): Inserted "the date a rule is first placed on the committee's agenda but no later than 45 days after" following "Within 30 days of" and inserted "unless the agency consents to an extension of this review period" following "final proposal" in the first sentence.

Amendments--1981 (Adj. Sess.). Subsection (e): Added.

Effective date of amendments - 1981 (Adj. Sess.); objection to administrative rules. 1981, No. 158 (Adj. Sess.), § 2, provided: "This act [which added subsec. (e) to this section] shall take effect July 1, 1982 and shall only apply to rules to which objection is made after that date".

ANNOTATIONS

Cited. In re Telesystems, Corp., 143 Vt. 504, 469 A.2d 1169 (1983); In re Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991); In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992); Martin v. State, 175 Vt. 80, 819 A.2d 742 (2003); Hunter v. State, 177 Vt. 339, 865 A.2d 381 (October 22, 2004).

Law review commentaries

Law review. For note relating to legislative review of Vermont's antlerless deer hunting regulation, see 11 Vt. L. Rev. 105 (1986).

§ 843. Filing of adopted rules.

  1. An adopting authority may adopt a properly filed final proposed rule after:
    1. The passage of 45 days after filing of a final proposal under section 841 of this title, provided the agency has not received notice of objection from the Legislative Committee on Administrative Rules;
    2. Receiving notice of approval from the Legislative Committee on Administrative Rules; or
    3. Responding to an objection of the Legislative Committee on Administrative Rules under section 842 of this title. After responding to such an objection, an agency may adopt the rule without change or may make a germane change in accordance with subsection (b) of this section.
  2. The text of the adopted rule shall be the same as the text of the final proposed rule submitted under section 841, except that any germane change may be made by the agency in response to an objection or expressed concern of the Legislative Committee on Administrative Rules.
  3. Adoption shall be complete upon proper filing with the Secretary of State and with the Legislative Committee on Administrative Rules. An agency shall have eight months from the date of initial filing with the Secretary of State to adopt a rule unless extended by action or request of the Legislative Committee on Administrative Rules. The Secretary of State shall refuse to accept a final filing after that date, except that:
    1. Within 30 days after discovering that the text of a final adopted rule deviates from the text of a final proposed rule as approved by the Legislative Committee on Administrative Rules, an agency shall correct the adopted rule to conform to the final proposed rule as so approved and shall refile the adopted rule in the manner set forth in this section, along with documentation demonstrating that the refiled adopted rule conforms to the final proposed rule as approved.
    2. An agency may refile a final adopted rule in the manner set forth in this section solely for the purpose of correcting one or more typographic errors that do not change the substance or effect of the rule.
  4. Adopted rules filed shall include:
    1. A cover sheet on a form prepared by the Secretary of State containing at least the following information:
      1. the name of the agency;
      2. the title or subject of the rule;
      3. a brief summary of any changes made since the filing of the final proposed rule, including any changes in expected economic impact;
      4. a summary of the dates on which the agency complied with the procedural requirements of this chapter; and
      5. a signed and dated statement by the adopting authority that the procedural requirements of this chapter have been met and that the adopting authority approves of the contents of the filing; and
    2. An adopting page as required by section 838 of this title; and
    3. The text of the rule.
  5. After adopting a rule, the agency shall create a file containing all papers used or created in that action.  The file shall be retained for at least one year.

    Added 1981, No. 82 , § 6; amended 1983, No. 202 (Adj. Sess.), § 1, eff. April 26, 1984; 1999, No. 9 , § 2, eff. May 4, 1999; 2017, No. 156 (Adj. Sess.), § 2; 2019, No. 12 , § 1, eff. April 30, 2019.

History

Revision note. Inserted "of this title" following "section 841" in subdiv. (a)(1), "section 842" in subdiv. (a)(3) and "section 838" in subdiv. (d)(2) to conform references to V.S.A. style.

Amendments--2019. Subdiv. (a)(1): Amended generally.

Amendments--2017 (Adj. Sess.). Subdiv. (a)(3): Added the second sentence.

Subsec. (c): Added ", except that:" at the end of the introductory language and added subdivs. (1) and (2).

Amendments--1999. Subdivision (a)(1): Inserted "the date a rule is first placed on the committee's agenda or 45 days after" following "The passage of 30 days from" and substituted "whichever occurs first, provided the agency has not received" for "without receiving".

Amendments--1983 (Adj. Sess.). Subsection (c): Added the second and third sentences.

§ 844. Emergency rules.

  1. Where an agency believes that there exists an imminent peril to public health, safety, or welfare, it may adopt an emergency rule. The rule may be adopted without having been prefiled or filed in proposed or final proposed form, and may be adopted after whatever notice and hearing the agency finds to be practicable under the circumstances. The agency shall make reasonable efforts to ensure that emergency rules are known to persons who may be affected by them.
  2. Emergency rules adopted under this section shall not remain in effect for more than 180 days. An agency may propose a permanent rule on the same subject at the same time that it adopts an emergency rule.
  3. Emergency rules adopted under this section shall be filed with the Secretary of State and with the Legislative Committee on Administrative Rules. The Legislative Committee on Administrative Rules shall distribute copies of emergency rules to the appropriate standing committees.
  4. Emergency rules adopted under this section shall include:
    1. as much of the information required for the filing of a proposed rule as is practicable under the circumstances; and
    2. a signed and dated statement by the adopting authority explaining the nature of the imminent peril to the public health, safety, or welfare and approving of the contents of the rules.
    1. On a majority vote of the entire Committee, the Committee may object under this subsection if an emergency rule is: (e) (1)  On a majority vote of the entire Committee, the Committee may object under this subsection if an emergency rule is:
      1. beyond the authority of the agency;
      2. contrary to the intent of the Legislature;
      3. arbitrary; or
      4. not necessitated by an imminent peril to public health, safety, or welfare sufficient to justify adoption of an emergency rule.
    2. When objection is made under this subsection, on majority vote of the entire Committee, the Committee may file the objection in certified form with the Secretary of State. The objection shall contain a concise statement of the Committee's reasons for its action. The Secretary shall affix to each objection a certification of its filing and as soon as practicable transmit a copy to the agency. After a Committee objection is filed with the Secretary under this subsection, to the extent that the objection covers a rule or portion of a rule, the burden of proof thereafter shall be on the agency in any action for judicial review or for enforcement of the rule to establish that the part objected to is within the authority delegated to the agency, is consistent with the intent of the Legislature, is not arbitrary, and is justified by an imminent peril to the public health, safety, or welfare. If the agency fails to meet its burden of proof, the court shall declare the whole or portion of the rule objected to invalid. The failure of the Committee to object to a rule is not an implied legislative authorization of its substantive or procedural lawfulness.
    3. When the Committee makes an objection to an emergency rule under this subsection, the agency may withdraw the rule to which an objection was made. Prior to withdrawal, the agency shall give notice to the Committee of its intent to withdraw the rule. A rule shall be withdrawn upon the filing of a notice of withdrawal with the Secretary of State and the Committee. If the emergency rule amended an existing rule, upon withdrawal of the emergency rule, the existing rule shall revert to its original form, as though the emergency rule had never been adopted.
  5. In response to an expressed concern of the Legislative Committee on Administrative Rules, an agency may make a germane change to an emergency rule that is approved by the Committee. A change under this subsection shall not be considered a newly adopted emergency rule and shall not extend the period during which the emergency rule remains in effect.
  6. In the alternative to the grounds specified in subsection (a) of this section, an agency may adopt emergency amendments to existing rules using the process set forth in this section if each of the subdivisions (1)-(5) of this subsection applies. On a majority vote of the entire Committee, the Legislative Committee on Administrative Rules may object to the emergency amendments on the basis that one or more of these subdivisions do not apply or under subdivision (e)(1)(A), (B), or (C) of this section, or both.
    1. The existing rules implement a program controlled by federal statute or rule or by a multistate entity.
    2. The controlling federal statute or rule has been amended to require a change in the program or the multistate entity has made a change in the program that is to be implemented in all of the participating states.
    3. The controlling federal statute or rule or the multistate entity requires implementation of the change within 120 days or less.
    4. The adopting authority finds each of the following in writing:
      1. The agency cannot by the date required for implementation complete the final adoption of amended rules using the process set forth in sections 837 through 843 of this title.
      2. Failure to amend the rules by the date required for implementation would cause significant harm to the public health, safety, or welfare or significant financial loss to the State.
    5. On the date the emergency rule amendments are adopted pursuant to this subsection, the adopting authority prefiles a corresponding permanent rule pursuant to section 837 of this title.

      Added 1981, No. 82 , § 6; amended 1995, No. 61 , § 2; 2011, No. 89 (Adj. Sess.), § 1; 2017, No. 156 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Deleted "that" preceding "the agency finds" in the second sentence.

Subsec. (b): Substituted "180 days" for "120 days" in the first sentence.

Subsec. (f): Added.

Subsec. (g): Added.

Amendments--2011 (Adj. Sess.) Redesignated existing provisions of subsection (e) as (e)(1) and (e)(2) and added (e)(3).

Amendments--1995. Subsection (e): Added.

ANNOTATIONS

Analysis

1. Emergency rules.

An emergency regulation could not be extended beyond the 120-day period prescribed by this section as the effective period of such a regulation. 1972-74 Op. Atty. Gen. 224. (Decided under prior law.)

A lapse of time between 120-day periods for the same emergency regulation would not be legal if the intent was to avoid the clear meaning of this section, limiting the effective period of regulations to 120 days. 1972-74 Op. Atty. Gen. 224.

2. Review .

Under subsection (a) of this section allowing an emergency rule to be adopted "after whatever notice and hearing that the agency finds to be practicable under the circumstances," and 3 V.S.A. § 846(c), providing that the "court may fashion appropriate relief" for procedural violations of a rulemaking process, an agency decision that notice and hearing is not practicable under the circumstances may be reviewed. Hunter v. State, 177 Vt. 339, 865 A.2d 381 (October 22, 2004).

§ 845. Effect of rules.

  1. Rules shall be valid and binding on persons they affect and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise. Except as provided by subsections 842(c) and 844(e) of this title, rules shall be prima facie evidence of the proper interpretation of the matter to which they refer.
  2. No agency shall grant routine waivers of or variances from any provisions of its rules without either amending the rules or providing by rule for a process and specific criteria under which the agency may grant a waiver or variance in writing. The duration of the waiver or variance may be temporary if the rule so provides.
  3. Nothing in this chapter:
    1. allows rules to provide for penalties, fines or imprisonment not authorized by other law;
    2. enlarges the authority of any agency to impose requirements on any member of the public; or
    3. allows an agency by rule to require permits, licenses or fees or to define unprofessional conduct unless specifically authorized by other law.
  4. Rules adopted under this chapter shall take effect 15 days after adoption is complete or at a later time provided in the text of the rule or on its adopting page.  However, an emergency rule shall take effect upon filing, or at a later time provided in the text of the rule or on its adopting page.
  5. Rules shall remain in effect until:
    1. repealed or modified by subsequent rule;
    2. limited or invalidated by a court; or
    3. repealed or modified by statute.

      Added 1981, No. 82 , § 6; amended 1995, No. 61 , § 3; 1995, No. 186 (Adj. Sess.), § 32, eff. May 22, 1996; 1999, No. 52 , § 44; 2017, No. 156 (Adj. Sess.), § 2.

History

2003. In subsec. (a), substituted "subsection 842(b) and subsection 844(e) of this title" for "section 842(b) and section 844(e) of this title" to conform reference to V.S.A. style.

Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "842(c)" for "842(b)" and "matter to which they refer" for "matter that they refer to".

Subsec. (b): Added "process and specific criteria under which the agency may grant a" preceding "waiver or variance" and substituted "in writing" for "procedure" thereafter in the first sentence.

Amendments--1999. Subdivision (c)(3): Inserted "or to define unprofessional conduct" preceding "unless specifically authorized".

Amendments--1995 (Adj. Sess.) Subdivision (c)(3): Deleted "or" following "permits" and inserted "or fees" preceding "unless specifically".

Amendments--1995. Subsection (a): Inserted "and section 844(e)" following "section 842(b)" in the second sentence.

ANNOTATIONS

Analysis

1. Effect.

Rules and regulations enacted by administrative agencies pursuant to this section had the force and effect of law. Green Mountain Realty v. Fish, 133 Vt. 296, 336 A.2d 187 (1975). (Decided under prior law.)

Absent compelling indication of error, the court accepts the construction of a statute made by the administrative agency responsible for its implementation. Miller v. IBM, 163 Vt. 396, 659 A.2d 1126 (1995).

2. Judicial notice.

Trial judge in action for breach of warranty and consumer fraud was entitled to take judicial notice of attorney general's rules and regulations adopted pursuant to state consumer fraud act where both parties were aware of judge's decision, party contesting the judicial notice conceded that they were promulgated and published in accord with this section, they were readily available, and under this section they had the force and effect of law. Christie v. Dalmig, Inc., 136 Vt. 597, 396 A.2d 1385 (1979). (Decided under prior law.)

Cited. Wetterau, Inc. v. Department of Taxes, 141 Vt. 324, 449 A.2d 896 (1982); Farmers Production Credit Association v. State, 144 Vt. 581, 481 A.2d 18 (1984); Wolfe v. Yudichak, 153 Vt. 235, 571 A.2d 592 (1989).

§ 846. Remedies for procedural failures.

  1. The following shall prevent a rule from taking effect:
    1. failure to file with the Secretary of State;
    2. failure to file with the Legislative Committee on Administrative Rules;
    3. failure to file with the Interagency Committee on Administrative Rules; or
    4. failure to respond to an objection of the Legislative Committee on Administrative Rules as required in section 842 of this title.
  2. The following shall not affect the validity of a rule after its adoption:
    1. inadvertent failure to make required assurances relating to an incorporation by reference; or
    2. amendment after public hearing of the text of a proposed rule in a manner that does not cause the published summary of the rule to become misleading or inadequate; or
    3. failure to certify that all procedures required by this chapter have been satisfied; or
    4. failure to meet the style requirements of section 833 of this title; or
    5. inadvertent failure to mail notice or copies of any rule.
  3. Failure to identify the creation or enlargement in scope of a Public Records Act exemption in accordance with subsection 838(b) or 841(b) of this title shall render invalid the provisions of the rule that create or enlarge the exemption.
  4. For other violations of this chapter, the Court may fashion appropriate relief.
  5. An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter, other than those listed in subsections (a) and (c) of this section, must be commenced within one year after the effective date of the rule.

    Added 1981, No. 82 , § 6; amended 1995, No. 61 § 4; 2001, No. 149 (Adj. Sess.), § 53, eff. June 27, 2002; 2015, No. 3 , § 3.

History

Revision note. In subdiv. (b)(4), inserted "of this title" following "section 833" to conform reference to V.S.A. style.

In subsec. (d), substituted "this chapter" for "this subchapter" to correct an error in the reference and inserted "of this section" following "subsection (a)" to conform reference to V.S.A. style.

Amendments --Added subsec. (c) and redesignated former subsecs. (c) and (d) as present subsecs. (d) and (e).

Amendments--2001 (Adj. Sess.) Deleted "or" at the end of subdivs. (a)(1) and (a)(2), and substituted "file" for "make a required filing" in subdiv. (a)(3).

Amendments--1995. Subdivision (a)(4): Added "as required in section 842 of this title" following "rules".

ANNOTATIONS

Analysis

1. Notice of proposed rule.

Fact that proposed utility rate rule was amended after public hearing did not affect its validity where the change in the rule did not render the notice inadequate; notice of proposed rule indicated that it would specify methodologies for setting rates and that was what the final rule did. In re Department of Public Service, 161 Vt. 97, 632 A.2d 1373 (1993).

2. Review .

Under 3 V.S.A. § 846(c) allowing an emergency rule to be adopted "after whatever notice and hearing that the agency finds to be practicable under the circumstances," and the provision of subsection (c) of this section that the "Court may fashion appropriate relief" for procedural violations of a rulemaking process, an agency decision that notice and hearing is not practicable under the circumstances may be reviewed. Hunter v. State, 177 Vt. 339, 865 A.2d 381 (October 22, 2004).

Cited. Vermont Association of Realtors, Inc. v. State, 156 Vt. 525, 593 A.2d 462 (1991); In re Diel, 158 Vt. 549, 614 A.2d 1223 (1992); LaFaso v. Patrissi, 161 Vt. 46, 633 A.2d 695 (1993); Maska U.S., Inc. v. Kansa General Insurance Co., 198 F.3d 74 (2d Cir. 1999); Gasoline Marketers of Vermont, Inc. v. Agency of Natural Resources, 169 Vt. 504, 739 A.2d 1230 (1999).

§ 847. Availability of adopted rules; rules by Secretary of State.

  1. Availability from agency.  An agency shall make each rule it has finally adopted available to the public online and for physical inspection and copying. Online, the agency shall post its adopted rules on a separate web page that is readily accessible from a prominent link on its main web page, that lists adopted rules by title and topic, and that is searchable.
  2. Register; code.
    1. The Secretary of State (Secretary) shall keep open to public inspection a permanent register of rules. The Secretary may satisfy this requirement by incorporating the register into the centralized rule system created pursuant to section 818 of this title.
    2. The Secretary shall publish a code of administrative rules that contains the rules adopted under this chapter. The requirement to publish a code shall be considered satisfied if a commercial publisher offers such a code in print at a competitive price and at no charge online. However, if the Secretary establishes the centralized rule system under section 818 of this title as a digital system, then the system shall include the online publication of this code.
  3. Rules for administration.  The Secretary of State shall adopt rules for the effective administration of this chapter. These rules shall be applicable to every agency and shall include uniform procedural requirements, style, appropriate forms, and a system for compiling and indexing rules.

    Added 1981, No. 82 , § 6; amended 1995, No. 61 , § 5; 2013, No. 142 (Adj. Sess.), § 10; 2015, No. 131 (Adj. Sess.), § 19; 2015, No. 169 (Adj. Sess.), § 11; 2017, No. 156 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2015 (Adj. Sess.). Subsec. (a): Act No. 169 inserted the second and third sentences.

Subsec. (b): Act No. 131 deleted the last sentence.

Subdiv. (c)(2)(C): Act No. 169 inserted "of this title" following "844(e)".

Subsec. (e): Act No. 169 deleted "but not be limited to" following "include".

Amendments--2013 (Adj. Sess.). Subsection (b): Added the second sentence.

Amendments--1995. Subsection (b): Inserted "or section 844(e)" following "section 842(b)".

Subdivision (c)(2): Inserted "or section 844(e)" following "section 842(b)".

Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 156 (Adj. Sess.), § 5(b), provides that the amendment to subsecs. (b) and (c) of this section, by section 2 of that act, shall take effect on July 1, 2019.

§ 848. Rules repeal; amendment of authority; notice by agency.

  1. Repeal by operation of law.  A rule shall be repealed without formal proceedings under this chapter if:
    1. the agency that adopted the rule is abolished and its authority, specifically including its authority to implement its existing rules, has not been transferred to another agency;
    2. a court of competent jurisdiction has declared the rule to be invalid; or
    3. the statutory authority for the rule, as stated by the agency under subdivision 838(a)(10) of this title, is repealed by the General Assembly or declared invalid by a court of competent jurisdiction.
  2. Notice to Secretary of State; deletion.  When a rule is repealed by operation of law under this section, the agency that adopted the rule shall notify the Secretary of State in such manner as the Secretary may prescribe by rule or procedure, and the Secretary shall delete the rule from the published code of administrative rules.
  3. Repeal for nonpublication.
    1. On July 1, 2018, a rule shall be repealed without formal proceedings under this chapter if:
      1. as of July 1, 2016, the rule was in effect but not published in the code of administrative rules; and
      2. the rule is not published in such code before July 1, 2018.
    2. An agency seeking to publish a rule described in subdivision (1) of this subsection may submit a digital copy of the rule to the Secretary of State with proof acceptable to the Secretary that as of July 1, 2016 the rule was adopted and in effect under this chapter and the digital copy consists of the text of such rule without change.
  4. Amendment of authority for rule.
    1. If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is amended by the General Assembly, and the amendment does not transfer authority from the adopting agency to another agency, the agency within 30 days following the effective date of the statutory amendment shall review the rule and make a written determination as to whether the statutory amendment repeals the authority upon which the rule is based or requires revision of the rule and shall submit a copy of this written determination to the Secretary of State and the Legislative Committee on Administrative Rules, in such manner as the Secretary may prescribe by rule or procedure.
    2. If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is transferred by act of the General Assembly to another agency, the agency to which the authority is transferred shall provide notice of the transfer, in such manner as the Secretary of State may prescribe by rule or procedure, within 30 days following the effective date of the statutory amendment, to the Secretary and the Legislative Committee on Administrative Rules.

      Added 1983, No. 202 (Adj. Sess.), § 2, eff. April 26, 1984; amended 2015, No. 169 (Adj. Sess.), § 12; 2017, No. 156 (Adj. Sess.), § 2; 2019, No. 14 , § 4, eff. April 30, 2019.

History

2003. In subdiv. (a)(3) and subsec. (c), substituted "subdivision 838(b)(4)" for "section 838(b)(4)" to conform reference to V.S.A. style.

In subdiv. (a)(3), inserted "of this title" following "section 838(b)(4)" to conform reference to V.S.A. style.

Amendments--2019. Substituted "838(a)(10)" for "838(b)(4)" in subdivs. (a)(3), (d)(1), and (d)(2).

Amendments--2017 (Adj. Sess.). Section heading: Substituted "amendment of authority; notice by agency" for "operation of law".

Subsec. (a): Added the subsec. heading.

Subsec. (b): Added the subsec. heading and inserted "agency that adopted the rule shall notify the Secretary of State in such a manner as the Secretary may prescribe by rule or procedure, and the" and deleted "of State" preceding "shall delete the rule".

Subsec. (c): Added the subsec. heading.

Subsec. (d): Added the subsec. heading and the subdiv. (1) designation; amended subdiv. (1) generally; and added subdiv. (2).

Amendments--2015 (Adj. Sess.). Substituted "that adopted" for "which adopted" in subdiv. (a)(1), and added new subsec. (c) and redesignated former subsec. (c) as subsec. (d).

§ 849. Repealed. 2017, No. 156 (Adj. Sess.), § 2.

History

Former § 849. Former § 849, relating to boards and commissions; retiring members, was derived from 1983, No. 190 (Adj. Sess.), § 2. The subject matter is now covered under § 809(i) of this chapter.

§ 831. Required policy statements and rules.

CHAPTER 27. STATE EMPLOYEES LABOR RELATIONS ACT

History

Effective date of certain 2013 amendments. Pursuant to 2013, No. 37 , § 20, that act shall take effect June 30, 2013 and apply to employees covered by this chapter on the date following the expiration date stated in any collective bargaining agreement then in effect. If no collective bargaining agreement is in effect on June 30, 2013, the act shall take effect on June 30, 2013 and apply to employees covered by this chapter on July 1 , 2013.

Cross References

Cross references. Labor relations act applicable to employment in the private sector, see 21 V.S.A. § 1501 et seq.

Labor relations for teachers, see 16 V.S.A. § 1981 et seq.

Municipal Labor Relations Act, see 21 V.S.A. § 1721 et seq.

ANNOTATIONS

Analysis

1. Collective bargaining units.

There is nothing in this chapter which prohibits the labor relations board from considering a petition to form a collective bargaining unit which includes employees who are inappropriate as a matter of law. In re VSEA, Inc., 143 Vt. 636, 471 A.2d 230 (1983).

2. Construction with other laws.

Only reasonable interpretation of purpose behind 1976 amendment to State Labor Relations Act (SLRA), State Employees Labor Relations Act (SELRA), and Municipal Employees Relations Act (MERA) is that legislature intended to consolidate general powers and procedures of Labor Relations Board in SELRA and to apply them to proceedings in each of three labor-relations statutes, while leaving intact particular procedures expressly provided for in SLRA and MERA. Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994).

Although 3 V.S.A. § 924(d) of State Employees Labor Relations Act (SELRA) requires Labor Relations Board (LRB) to exercise all powers and follow procedures set forth in SLRA and Municipal Employees Relations Act (MERA), neither SLRA nor MERA include all of general powers necessary to carry out LRB's responsibilities under those statutes. Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994).

Legislature intended to afford aggrieved parties right to appeal to Supreme Court from final decisions in all types of proceedings under each of three statutes administered by Labor Relations Board (State Labor Relations Act (SLRA), State Employees Labor Relations Act (SELRA), and Municipal Employees Relations Act (MERA)). Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994).

State Labor Relations Act (SLRA), State Employees Labor Relations Act (SELRA), and Municipal Employees Relations Act (MERA) are closely related and, therefore, should be considered in pari materia as part of one system intended to oversee labor relations. Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994).

It would not make sense to afford aggrieved parties the right to appeal from Labor Relations Board (LRB) orders in all proceedings under State Employees Labor Relations Act (SELRA) and Municipal Employees Relations Act (MERA), but to force parties to use indirect appeal route under V.R.C.P. 75 to appeal from LRB orders in identical proceedings under State Labor Relations Act. Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994).

Cited. In re Maher, 132 Vt. 560, 326 A.2d 142 (1974); University of Vermont v. Vermont, 748 F. Supp. 235 (D. Vt. 1990).

Subchapter 1. Generally

§ 901. Purpose.

It is the purpose and policy of this chapter to prescribe the legitimate rights of both State employees and the State of Vermont and of Vermont State Colleges and the University of Vermont in their relations with each other, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations, to define and proscribe practices on the part of labor, the State of Vermont, the Vermont State Colleges, and the University of Vermont which are harmful to the general welfare, and to protect the rights of the public in connection with labor disputes.

Added 1969, No. 113 , § 1; amended 1987, No. 177 (Adj. Sess.), § 1.

History

Amendments--1987 (Adj. Sess.) Inserted "and the University of Vermont" following "Vermont state colleges" in two places and substituted "the" for "and" following "labor, the state of Vermont".

Limitation on inclusion in section of employees of state colleges or the University of Vermont as state employees. 1987, No. 177 (Adj. Sess.), § 6, provides: "The inclusion of employees of the Vermont State Colleges or the University of Vermont within this Act [which amended this section and sections 902, 905, 925 and 982 of this title] shall not be construed to mean that the employees of the Vermont State Colleges or the University of Vermont are state employees for any other purpose".

ANNOTATIONS

Cited. Burroughs v. West Windsor Board of School Directors, 138 Vt. 575, 420 A.2d 861 (1980); Roy v. Verchereau, 619 F. Supp. 1323 (D. Vt. 1985); In re Gobin, 158 Vt. 432, 610 A.2d 150 (1992); Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994).

§ 902. Definitions.

As used in this chapter:

  1. "Board" means the State Labor Relations Board established under section 921 of this title.
  2. "Collective bargaining" or "bargaining collectively" means the process of negotiating terms, tenure, or conditions of employment between the State of Vermont, the Vermont State Colleges, the University of Vermont, or the Department of State's Attorneys and Sheriffs and representatives of employees with the intent to arrive at an agreement that, when reached, shall be reduced to writing.
  3. "Collective bargaining unit" means the employees of an employer, being either all of the employees, the members of a department or agency, or such other unit or units as the Board may determine are most appropriate to best represent the interest of employees.
  4. "Employee" means a State employee as defined by subdivision (5) of this section except as the context requires otherwise.
  5. "State employee" means any individual employed on a permanent or limited status basis by the State of Vermont, the Vermont State Colleges, the University of Vermont, or the State's Attorneys' offices, including permanent part-time employees, and an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, but excluding an individual:
    1. exempt or excluded from the State classified service under the provisions of section 311 of this title, except that the State Police in the Department of Public Safety; employees of the Defender General, excluding attorneys employed directly by the Defender General and attorneys contracted to provide legal services; deputy State's Attorneys; and employees of State's Attorneys' offices are included within the meaning of "State employee";
    2. employed in the Office of the Lieutenant Governor;
    3. employed as the legal assistant to the Attorney General authorized by section 155 of this title;
    4. employed as a department or agency head or deputy officer not included in section 311 of this title, head of an institution or as a division director in the Agency of Administration, and similar positions in the Vermont State Colleges or the University of Vermont;
    5. employed by any other person who is not an employer as defined in subdivision (7) of this section;
    6. employed as a managerial employee;
    7. employed in the classified service as a private secretary within the meaning of subdivision 311(a)(3) of this title;
    8. employed in the Department of Human Resources;
    9. employed in the Department of Finance and Management as a budget and management analyst, a revenue research analyst, director of budget and management operations, director of program formulation and evaluation, and director of State information systems;
    10. determined after hearing by the Board, upon petition of any individual desiring exclusion, of the employer, or of a collective bargaining unit, to be in a position that is so inconsistent with the spirit and intent of this chapter as to warrant exclusion;
    11. employed as a confidential employee.
  6. "Employee organization" means an organization of any kind in which employees participate and that exists for the purpose of representing its members, if certified by the Board as an exclusive representative for the purposes of collective bargaining.
  7. "Employer" means the State of Vermont, excluding the Legislative and Judiciary Departments, represented by the Governor or designee, the Office of the Defender General represented by the Defender General or designee, Vermont State Colleges represented by the Chancellor or designee, and the University of Vermont represented by the President or designee. With respect to employees of State's Attorneys' offices, "employer" means the Department of State's Attorneys and Sheriffs represented by the Executive Director or designee.
  8. "Strike" means any concerted stoppage of work by employees, and any concerted slowdown, interference, or interruption of operations or services by employees.  For purposes of this chapter, "strike" also includes boycotts of any kind, picketing, refusal to use any products or services or to work or cooperate with any person by employees in the course of their employment when properly directed to do so by the employer or any lawfully constituted supervisor or superior.
  9. "Labor dispute" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
  10. "Person" includes one or more individuals, the State of Vermont, Vermont State Colleges, University of Vermont, Department of State's Attorneys and Sheriffs, employee organizations, labor organizations, partnerships, corporations, legal representatives, trustees, or any other natural or legal entity whatsoever.
  11. "Representatives" includes any individual or individuals certified by the Board to represent employees or employee organizations in collective bargaining or grievance proceedings.
  12. "State Police member" means any member of the Department of Public Safety assigned to law enforcement and police duties.
  13. [Repealed.]
  14. "Grievance" means an employee's, group of employees', or the employee's collective bargaining representative's expressed dissatisfaction, presented in writing, with aspects of employment or working conditions under a collective bargaining agreement or the discriminatory application of a rule or regulation, that has not been resolved to a satisfactory result through informal discussion with immediate supervisors.
  15. "Complaint" means an employee's, or group of employees', informal expression to the immediate supervisor of dissatisfaction with aspects of employment or working conditions under a collective bargaining agreement.
  16. "Supervisory employee" means an individual finally determined by the Board as having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.
  17. "Confidential employee" means an employee finally determined by the Board as having responsibility or knowledge or access to information relating to collective bargaining, personnel administration, or budgetary matters that would make membership in or representation by an employee organization incompatible with the employee's official duties.
  18. "Managerial employee" is an individual finally determined by the Board as being in an exempt or classified position that requires the individual to function as an agency, department, or institution head, a major program or division director, a major section chief, or director of a district operation.
  19. "Collective bargaining service fee" means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, which is paid to the employee organization which is the exclusive bargaining agent for the bargaining unit of the employee. The collective bargaining service fee shall not exceed 85 percent of the amount payable as dues by members of the employee organization, and shall be deducted in the same manner as dues are deducted from the salary or wages of members of the employee organization, and shall be used to defray the costs of chargeable activities.

    Added 1969, No. 113 , § 1; amended 1971, No. 193 (Adj. Sess.), § 5, eff. April 3, 1972; 1975, No. 152 (Adj. Sess.), § 1; 1977, No. 109 , §§ 4, 4a, 33(e); 1987, No. 177 (Adj. Sess.), § 2; 1993, No. 227 (Adj. Sess.), § 27; 1997, No. 92 (Adj. Sess.), §§ 1, 2; 2003, No. 156 (Adj. Sess.), § 15; 2013, No. 37 , § 1; 2017, No. 81 , § 3, eff. June 15, 2017.

History

Reference in text. Divisions in the department of administration, referred to in subdiv. (5)(D), have been succeeded by departments and divisions of the agency of administration. See notes set out under § 242 of this title.

2003. Near the beginning of subdiv. (5)(I), substituted "department of finance and management" for "department of budget and management" in light of Executive Order No. 35-87, which provided for the abolition of the department of budget and management and the transfer of equipment and authorized positions of that entity to the department of finance and management as established by the order; however, the equipment and position of the administrative secretary of the former department were transferred to the office of the secretary of administration, and the former commissioner of budget and management became the deputy secretary of administration pursuant to the order. By its own terms, Executive Order No. 35-87 became effective on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix.

References to "section 306 of Title 3" in subdivs. (5)(A) and (D) changed to "section 311 of this title" to conform references to renumbering of such section and V.S.A. style.

Amendments--2017. Subdiv. (2): Deleted the comma following "'Collective bargaining"'; deleted "or" preceding "the University"; inserted ", or the Department of State's Attorneys and Sheriffs" preceding "and representatives"; and substituted "that" for "which" following "agreement".

Subdiv. (5): Deleted "or" preceding "the University"; inserted ", or the State's Attorneys' offices" preceding "including".

Subdiv. (5)(A): Substituted a semicolon for ", and" following "Safety"; and inserted "; deputy State's Attorneys; and employees of State's Attorneys' offices" following "services".

Subdiv. (7): Amended generally.

Subdiv. (10): Deleted the comma following "'Person"'; and inserted ", Department of State's Attorneys and Sheriffs" preceding "employee".

Amendments--2013. Substituted "As used in" for "For purposes of" in the introductory paragraph, and "of chargeable activities" for "incurred by the employee organization in fulfilling its duty to represent the employees in their employment relations with the state" at the end of subdiv. (19).

Amendments--2003 (Adj. Sess.). Subdivision (5)(H): Substituted "department of human resources" for "department of personnel".

Amendments--1997 (Adj. Sess.). Subdivision (5)(A): Added the language beginning "employees of the defender general" and ending "provide legal services".

Subdivision (7): Substituted "judiciary departments" for "judicial branches", inserted "the office of the defender general represented by the defender general or the defender general's designee", and substituted "designee" for "duly authorized representative(s)" three times.

Amendments--1993 (Adj. Sess.). Subdivision (19): Added.

Amendments--1987 (Adj. Sess.). Subdivision (2): Substituted "the" for "or" preceding "Vermont state colleges" and inserted "or the University of Vermont" thereafter.

Subdivision (5): Substituted "the" for "or" preceding "Vermont state colleges" in the introductory paragraph and inserted "or the University of Vermont" thereafter and following "colleges" in subdiv. (5)(D).

Subdivision (7): Amended generally.

Subdivision (10): Inserted "University of Vermont" following "colleges".

Amendments--1977. Subdivision (3): Inserted "most" preceding "appropriate" and made minor changes in style.

Subdivision (5): Inserted "or limited" preceding "status basis" in the introductory paragraph.

Subdivision (5)(A): Deleted "uniformed" preceding "state police" and made minor changes in phraseology.

Subdivision (5)(F): Amended generally.

Subdivision (5)(K): Added.

Subdivision (6): Amended generally.

Subdivision (7): Added "and Vermont state colleges, represented by the chancellor or his duly authorized representative(s)" at the end of the sentence.

Subdivision (13): Repealed.

Subdivisions (16)-(18): Added.

Amendments--1975 (Adj. Sess.). Subdivision (1): Deleted "employee" preceding "labor relations board" and added "established under section 921 of this title" thereafter.

Amendments--1971 (Adj. Sess.). Amended section generally.

Limitation on inclusion in section of employees of state colleges or the University of Vermont as state employees. 1987, No. 177 (Adj. Sess.), § 6, provides: "The inclusion of employees of the Vermont State Colleges or the University of Vermont within this Act (which amended this section and sections 901, 905, 925 and 982 of this title) shall not be construed to mean that the employees of the Vermont State Colleges or the University of Vermont are state employees for any other purpose".

Cross References

Cross references. Exclusion of inmates in correctional facilities from definition as "state employees," see § 757 of Title 28.

ANNOTATIONS

Analysis

1. State employees.

This chapter, as reasonably construed, does not preclude the characterization of part-time workers employed on a less than permanent basis as "state employees" under subdivision (5) of this section. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 152 Vt. 343, 566 A.2d 955 (1989).

Labor relations board properly concluded that certain adjunct faculty members of Vermont state colleges, hired on a per semester basis, who had a reasonable expectation of continued employment, were "state employees" within meaning of subdivision (5) of this section. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 152 Vt. 343, 566 A.2d 955 (1989).

2. Managerial employees.

Local employment services office managers, and managers of local unemployment compensation offices, throughout the state, who directed operations in their districts, were properly classified as managerial personnel by labor relations board for purposes of this chapter. In re Personnel Designations, 139 Vt. 91, 422 A.2d 932 (1980).

3. Grievance.

Failure of a state employer to follow a binding rule constitutes an actionable grievance. In re Gobin, 158 Vt. 432, 610 A.2d 150 (1992).

University of Vermont professor established prima facie case for grievance where he showed a salary $6,000.00 less than mean salary of full professors, and University Provost Memorandum Guidelines constituted binding rules within meaning of subdivision (14) of this section. In re Gobin, 158 Vt. 432, 610 A.2d 150 (1992).

In grievance proceedings, the jurisdiction of the labor relations board is governed by the definition of the term "grievance" in subdivision (14) of this section. Boynton v. Snelling, 147 Vt. 564, 522 A.2d 232 (1987).

Although the extent of labor relations board's jurisdiction in grievance proceedings is limited by the definition of the term "grievance" in subdivision (14) of this section, it extends to an employee's complaint that her dismissal violated the collective bargaining agreement between the state and its workers. In re Muzzy, 141 Vt. 463, 449 A.2d 970 (1982).

State employee's involuntary termination was an aspect of her employment and, therefore, a grievance as defined in subdivision (14) of this section. In re Stacey, 138 Vt. 68, 411 A.2d 1359 (1980).

Jurisdiction of labor relations board in employee grievance proceedings is governed by the definition of the term "grievance" set out in subdivision (14) of this section. In re Gage, 137 Vt. 16, 398 A.2d 297 (1979).

An actionable grievance under subdivision (14) of this section does not require a finding of racial bias or malicious motive as would be required in an action for an unfair labor practice under section 961 of this title. Nzomo v. Vermont State Colleges, 136 Vt. 97, 385 A.2d 1099 (1978).

Discrimination, as that term is used in subdivision (14) of this section, means unequal treatment of individuals in the same circumstances under the applicable rule. Nzomo v. Vermont State Colleges, 136 Vt. 97, 385 A.2d 1099 (1978).

A request to reclassify a state employee's job grade is not a grievance as defined in subdivision (14) of this section. In re McMahon, 136 Vt. 512, 394 A.2d 1136 (1978).

4. Disclosure.

Because classification grievances fall within the Vermont State Employees' Association's duties as exclusive bargaining agent, state was required to disclose information under a collective bargaining agreement requiring it to "provide such additional information as is reasonably necessary to serve the needs of the VSEA as exclusive bargaining agent." In re West, 165 Vt. 445, 685 A.2d 1099 (1996).

5. Unit determination.

Because it was within the Vermont Labor Relations Board's discretion to determine the units most appropriate to best represent the interest of the employees, and the Board found that the facts had not changed enough to create a question of unit representation, the Board acted within its discretion and expertise when concluding that the union, which sought an election of collective bargaining representatives, had failed to demonstrate reasonable cause to believe a question of unit determination existed. In re Petition of New Eng. Police Benevolent Ass'n, 202 Vt. 318, 148 A.3d 1002 (2016).

Cited. In re Brooks, 135 Vt. 563, 382 A.2d 204 (1977); In re Guttman, 139 Vt. 574, 431 A.2d 491 (1981); In re VSEA, Inc., 143 Vt. 636, 471 A.2d 230 (1983); Vermont State Colleges Faculty Federation v. Vermont State Colleges, 149 Vt. 546, 547 A.2d 1340 (1988); In re Boocock, 150 Vt. 422, 553 A.2d 572 (1988); Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994); In re Robins, 169 Vt. 377, 737 A.2d 370 (1999); McIsaac v. Univ. of Vt., 177 Vt. 16, 853 A.2d 77 (2004).

§ 903. Employees' rights and duties; prohibited acts.

  1. Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through representatives of their own choice, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities, except as provided in subsections (b) and (c) of this section, and to appeal grievances as provided in this chapter.
  2. A State employee may not strike or recognize a picket line of an employee or labor organization while in the performance of his or her official duties.
  3. An employee who exercises the right not to join the employee organization representing the employee's collective bargaining unit shall pay the collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.
  4. All employers, their officers, agents, and employees or representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 904 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees thereof.
  5. Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee's wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction.

    Added 1969, No. 113 , § 1; amended 1971, No. 193 (Adj. Sess.), § 6; 1993, No. 227 (Adj. Sess.), § 28; 2013, No. 37 , § 2; 2019, No. 180 (Adj. Sess.), § 4, eff. Jan. 1, 2021.

History

Amendments--2019 (Adj. Sess.). Subsec. (e): Added.

Amendments--2013. Subsection (a): Substituted "subsections (b) and (c)" for "subsection (b)".

Subsection (b): Substituted "A" for "No" preceding "State employee" and inserted "or her" following "his".

Subsection (c): Added.

Subsection (d): Redesignated from former subsec. (c).

Amendments--1993 (Adj. Sess.). Subsection (a): Deleted the third sentence.

Amendments--1971 (Adj. Sess.). Subsection (a): Added the second sentence.

ANNOTATIONS

1. Choice of representative.

Although conflict of interest between employee groups which makes good-faith bargaining impractical may disqualify a bargaining representative, employer has burden of showing clear and present danger to collective bargaining process. Vermont State Colleges Faculty Federation, AFT Local 3180 v. Vermont State Colleges, 159 Vt. 619, 616 A.2d 221 (mem.) (1992).

Labor relations board correctly approved bargaining unit of adjunct faculty members; potential conflict of interest in federation representing both adjunct and full-time faculty members did not rise to level requiring disqualification of federation as bargaining representative, and adjunct faculty would not be without remedies if they were to experience difficulty with their representation. Vermont State Colleges Faculty Federation, AFT Local 3180 v. Vermont State Colleges, 159 Vt. 619, 616 A.2d 221 (mem.) (1992).

§ 904. Subjects for bargaining.

  1. All matters relating to the relationship between the employer and employees shall be the subject of collective bargaining except those matters that are prescribed or controlled by statute. The matters appropriate for collective bargaining to the extent they are not prescribed or controlled by statute include:
    1. wages, salaries, benefits, and reimbursement practices relating to necessary expenses and the limits of reimbursable expenses;
    2. minimum hours per week;
    3. working conditions;
    4. overtime compensation and related matters;
    5. leave compensation and related matters;
    6. reduction-in-force procedures;
    7. grievance procedures, including whether an appeal to the Vermont Labor Relations Board or binding arbitration, or both, will constitute the final step in a grievance procedure;
    8. terms of coverage and amount of employee financial participation in insurance programs, except that the Department of State's Attorneys and Sheriffs and the deputy State's Attorneys and other employees of the State's Attorneys' offices shall not bargain in relation to terms of coverage;
    9. rules for personnel administration, except the following: rules relating to persons exempt from the classified service under section 311 of this title and rules relating to applicants for employment in State service and employees in an initial probationary status, including any extension or extensions thereof, provided the rules are not discriminatory by reason of an applicant's race, color, creed, sex, national origin, sexual orientation, gender identity, ancestry, place of birth, age, or physical or mental condition; and
    10. the manner in which to enforce an employee's obligation to pay the collective bargaining service fee.
  2. This chapter shall not be construed to be in derogation of or contravene the spirit and intent of the merit system principles and the personnel laws.

    Added 1969, No. 113 , § 1; amended 1971, No. 193 (Adj. Sess.), § 7, eff. April 3, 1972; 1977, No. 109 , § 5; 1993, No. 227 (Adj. Sess.), § 29; 2013, No. 37 , § 3; 2015, No. 35 , § 2, eff. May 26, 2015; 2017, No. 81 , § 4, eff. June 15, 2017.

History

Amendments--2017. Subdivs. (a)(8) and (a)(9): Amended generally.

Amendments--2015. Subdivision (a)(7): Amended generally.

Amendments--2013. Subsection (a): Deleted "but are not limited to" from the end of the introductory paragraph.

Subdivision (a)(10): Substituted "the manner in which to enforce an employee's obligation to pay the collective bargaining service fee" for "a collective bargaining service fee".

Amendments--1993 (Adj. Sess.). Subdivision (a)(8): Deleted "and" following "programs".

Subdivision (a)(9): Added "and" following "origin".

Subdivision (a)(10): Added.

Amendments--1977. Subsection (a): Amended generally.

Amendments--1971 (Adj. Sess.). Subsection (a): Inserted "appropriate for collective bargaining to the extent they are not prescribed or controlled by statute" preceding "include" in the second sentence of the introductory paragraph.

Subdivision (a)(6): Amended generally.

Cross References

Cross references. Collective bargaining as to conditions of employment related to legal holidays, see 1 V.S.A. § 371.

Disputes concerning collective bargaining service fee, see § 1001 of this title.

Requirements for charging collective bargaining service fee, see § 962 of this title.

ANNOTATIONS

Analysis

1. Construction with other laws.

In determining whether Vermont state colleges engaged in an unfair labor practice, labor relations board erred when it adopted distinction between mandatory and permissive subjects of bargaining as developed under the national labor relations act, since this section describes the scope of bargainable matters without adopting the mandatory-permissive bargaining dichotomy. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 138 Vt. 451, 418 A.2d 34 (1980).

2. Statutory matters.

The exception of subsection (a) of this section for matters prescribed or controlled by statute precludes collective bargaining only where the outcome of any negotiations has been statutorily predetermined or expressly committed exclusively to the discretion of one party. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 138 Vt. 451, 418 A.2d 34 (1980); Hackel v. Vermont State Colleges, 140 Vt. 446, 438 A.2d 1119 (1981).

3. Promotion and tenure.

Vermont state colleges was obligated to bargain collectively on proposals relating to promotion and tenure, since they were a proper subject for collective bargaining and involved a matter relating to the employer-employee relationship that was not prescribed or controlled by statute. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 141 Vt. 138, 446 A.2d 347 (1982).

Tenure and promotion are related to the employer-employee relationship and, therefore, subject to collective bargaining under this section unless a statute provides otherwise. Hackel v. Vermont State Colleges, 140 Vt. 446, 438 A.2d 1119 (1981).

4. Workloads.

Where provision of collective bargaining agreement governing state college faculty workload was ambiguous, labor relations board order requiring college to rescind workload guidelines which had been unilaterally issued by college president and negotiate any proposed changes regarding faculty workload was within the board's discretion. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 149 Vt. 546, 547 A.2d 1340 (1988).

5. Probationary employment.

Conditions of employment of classified employees during initial probationary period are proper subject of collective bargaining, since exception for "rules and regulations for personnel administration" in subdivision (a)(9) of this section pertains to the purely administrative aspects of personnel management, as distinguished from wages, hours, and working conditions. Vermont State Employees' Ass'n v. State, 151 Vt. 492, 562 A.2d 1054 (1989).

§ 905. Management rights.

  1. The Governor or designee for the State of Vermont, the Chancellor or designee for the Vermont State Colleges, the President or designee for the University of Vermont, and the Executive Director or designee for the Department of State's Attorneys and Sheriffs shall act as the employer representatives in collective bargaining negotiations and administration. The representative shall be responsible for ensuring consistency in the terms and conditions in various agreements throughout the State service and ensuring compatibility with merit system statutes and principles and shall not agree to any terms or conditions for which there are not adequate funds available.
  2. Subject to rights guaranteed by this chapter and subject to all other applicable laws, rules, and regulations, nothing in this chapter shall be construed to interfere with the right of the employer to:
    1. carry out the statutory mandate and goals of the agency, or of the Colleges, and to utilize personnel, methods, and means in the most appropriate manner possible;
    2. with the approval of the Governor, take whatever action may be necessary to carry out the mission of the agency in an emergency situation.

      Added 1969, No. 113 , § 1; amended 1987, No. 177 (Adj. Sess.), § 3; 2017, No. 81 , § 5, eff. June 15, 2017.

History

Amendments--2017. Subsec. (a): Amended generally.

Amendments--1987 (Adj. Sess.). Subsection (a): In the first sentence, substituted "the governor" for "him" preceding "for the state of" and "the provost" for "him" preceding "for Vermont state colleges" and inserted "and the president, or a person or persons designated by the president for the University of Vermont" thereafter.

Limitation on inclusion in section of employees of state colleges or the University of Vermont as state employees. 1987, No. 177 (Adj. Sess.), § 6, provides: "The inclusion of employees of the Vermont State Colleges or the University of Vermont within this Act [which amended this section and sections 901, 902, 925 and 982 of this title] shall not be construed to mean that the employees of the Vermont State Colleges or the University of Vermont are state employees for any other purpose".

ANNOTATIONS

1. Employer representatives.

Subsection (a) of this section does not require the governor to participate in collective bargaining negotiations involving the state colleges, nor does it require the provost to participate in collective bargaining negotiations involving state employees. 1972-74 Op. Atty. Gen. 114.

§ 906. Designation of managerial, supervisory, and confidential employees.

  1. The Commissioner of Human Resources shall determine those positions in the classified service whose incumbents the Commissioner believes should be designated as managerial, supervisory, or confidential employees. Any disputes arising from the determination shall be finally resolved by the Board.
  2. The Executive Director of the Department of State's Attorneys and Sheriffs may determine positions in the State's Attorneys' offices whose incumbents the Executive Director believes should be designated as managerial, supervisory, or confidential employees. Any disputes arising from the determination shall be finally resolved by the Board.

    Added 1971, No. 193 (Adj. Sess.), § 18, eff. April 3, 1972; amended 1977, No. 109 , § 5a, eff. July 3, 1977; 2003, No. 156 (Adj. Sess.), § 15; 2017, No. 81 , § 6, eff. June 15, 2017.

History

Amendments--2017. Added the subsec. (a) designation and substituted "from the determination" for "therefrom" following "arising" in the second sentence of that subsection and added subsec. (b).

Amendments--2003 (Adj. Sess.). Substituted "commissioner of human resources" for "commissioner of personnel".

Amendments--1977. Amended section generally.

ANNOTATIONS

1. Review.

Where this section provided that disputes with respect to classification of employees of the state for purposes of this chapter shall be finally resolved by state labor relations board, the board's determinations had to be taken as entitled to great weight and would not be overturned short of a demonstration that they could not be supported. In re Personnel Designations, 139 Vt. 91, 422 A.2d 932 (1980).

Cited. In re VSEA, Inc., 143 Vt. 636, 471 A.2d 230 (1983).

§ 907. Designation of supervisory employees.

Classified employees in the management unit certified by the Board, who are determined to be supervisory employees as defined by section 902 of this title and who are not determined to be managerial or confidential employees as defined by section 902 of this title, shall remain members of that unit, which shall hereinafter be referred to as the "supervisory" unit. Employees who are determined to be supervisory employees under the provisions of section 906 of this title shall become members of the supervisory unit. A representative election shall not be required as a result of this change.

Added 1971, No. 193 (Adj. Sess.), § 19, eff. April 3, 1972; amended 1977, No. 109 , § 5b, eff. July 3, 1977.

History

Amendments--1977. Amended section generally.

ANNOTATIONS

1. Collective bargaining unit.

Under this section, supervisory state employees may not be included in a collective bargaining unit together with nonmanagement employees. In re VSEA, Inc., 143 Vt. 636, 471 A.2d 230 (1983).

Since this section requires all supervisory employees to become members of the supervisory unit, portion of an order of the labor relations board which included shift supervisors within a proposed separate collective bargaining unit for employees of community correctional centers would be reversed. In re VSEA, Inc., 143 Vt. 636, 471 A.2d 230 (1983).

§ 908. Designation of State's Attorneys' employees; statewide bargaining rights.

Employees of the State's Attorneys' offices shall be part of one or more statewide bargaining units, as determined to be appropriate by the Board pursuant to sections 927 and 941 of this title, for the purpose of bargaining collectively pursuant to this chapter.

Added 2017, No. 81 , § 7, eff. June 15, 2017.

History

Former § 908. Former § 908, relating to organization of C and D management level employees and interim rights of the Vermont State Employee Association, was derived from 1971, No. 193 (Adj. Sess.), § 20. This section was previously repealed by 1977, No. 109 , § 33(e).

§ 909. Access to new employees in bargaining unit.

  1. An employer shall provide the employee organization that is the exclusive representative of the employees in a bargaining unit with an opportunity to meet with each newly hired employee in the bargaining unit to present information about the employee organization.
    1. The meeting shall occur during the new employee's orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired. (b) (1)  The meeting shall occur during the new employee's orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired.
    2. If the meeting is not held during the new employee's orientation, it shall be held during the new employee's regular work hours and at his or her regular worksite or a location mutually agreed to by the employer and the employee organization.
    3. The employee organization shall be permitted to meet with the employee for not less than 60 minutes.
    4. The employee shall be paid for attending the meeting at his or her regular rate of pay.
    1. Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information. (c) (1)  Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information.
    2. The employee's home address, personal e-mail address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
  2. The employer shall provide the employee organization with not less than 10 calendar days' notice of an orientation for newly hired employees in a bargaining unit.

    Added 2019, No. 180 (Adj. Sess.), § 10, eff. Jan. 1, 2021.

§ 910. Annual list of employees in bargaining unit.

  1. Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.
  2. The list shall include, as appropriate, each employee's name, work location, job classification, and contact information. As used in this section, "contact information" includes an employee's home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.
  3. To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.
  4. The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.

    Added 2019, No. 180 (Adj. Sess.), § 14, eff. Jan. 1, 2021.

Subchapter 2. Labor Relations Board

History

Vermont State Colleges; collective bargaining agreement. 2005, No 71, § 178a, as amended by 2005, No. 1 (Spec. Sess.), § 1(a), eff. June 22, 2005 provides: "The last best offer of the Vermont State Colleges recommended to the General Assembly by the Vermont Labor Relations Board in accordance with 3 V.S.A. § 925(i) shall be the collective bargaining agreement for full-time faculty between the Vermont State Colleges and the Vermont State Colleges Faculty Federation."

§ 921. Creation; membership, compensation.

  1. There is hereby created a State Labor Relations Board composed of six members. The Governor shall appoint the members with the advice and consent of the Senate for a term of six years or for the member's unexpired term from a list of nominees presented by the Labor Board Review Panel. The appointments shall be made within 60 days of an expired term or vacancy.
    1. The Labor Board Review Panel shall be composed of five members to include the executive director of the Vermont Bar Association, the Commissioner of Labor, the State Court Administrator, and a representative of labor and a representative of employers, both of whom shall be appointed for two-year terms by the Commissioner of Labor from names provided by labor organizations and employers in the State. The Commissioner shall request names of potential representatives of labor and employers from at least three Vermont labor organizations and three Vermont employer organizations, respectively.

      The Labor Board Review Panel shall:

      1. At least 90 days prior to the expiration of a term or as soon as a vacancy is announced or created, request from both Vermont labor organizations and Vermont employer organizations, over which the Board has jurisdiction for dispute adjudication, and from organizations that train or employ persons to serve in a neutral role in labor management relations a list of nominees for each position is to be filled. The Review Panel shall issue public notices of vacancies on the Board. An individual may apply for consideration as a nominee for a vacant Board position.
        1. Consider the experience, knowledge, character, integrity, judgment, and ability to act in a fair and impartial manner of each nominee in compiling a list of nominees for Board membership. The Review Panel shall consider the skills, perspectives, and experience of the nominees and ensure a continuing balance on the Board of labor, management, and neutral backgrounds in determining those nominees qualified to be forwarded to the Governor under subdivision (C) of this subdivision (2). (B) (i) Consider the experience, knowledge, character, integrity, judgment, and ability to act in a fair and impartial manner of each nominee in compiling a list of nominees for Board membership. The Review Panel shall consider the skills, perspectives, and experience of the nominees and ensure a continuing balance on the Board of labor, management, and neutral backgrounds in determining those nominees qualified to be forwarded to the Governor under subdivision (C) of this subdivision (2).
        2. For each individual that the Panel is considering forwarding to the Governor under subdivision (C) of this subdivision (2), the Panel shall interview the individual and contact at least one individual who can serve as a reference for the individual under consideration.

          "Nominees with neutral backgrounds" means individuals in high standing not connected with any labor organization or management position, and who can be reasonably considered to be able to serve as an impartial individual.

          Submit to the Governor a list of nominees whom the Panel has determined to be qualified for membership on the Board, from which the Governor shall appoint the members for unexpired terms or to fill vacancies. The Governor may request additional names from the Panel.

          To be eligible for appointment to the Board an individual shall be a citizen of the United States and resident of the State of Vermont for one year immediately preceding appointment. A member of the Board may not hold any other State office.

          Each case that comes before the Board for a hearing shall be heard and decided by a panel of three or five members appointed by the Board Chair. Two members of a three-member panel and three members of a five-member panel shall constitute a quorum with authority to conduct a hearing, provided that all members of the Panel shall review the record and participate in the Panel's decision. The Board may review a proposed decision by a Panel prior to its issuance for the sole purpose of insuring that questions of law are being decided in a consistent manner.

  2. The Board shall elect a Chair from its members every two years.
  3. The Board may not be attached to any State department or agency and shall operate independently.
  4. The members of the Board, except the Chair or the Chair of a Board panel, shall be entitled to compensation of $125.00 a day for time spent in the performance of their duties. The Chair or the Chair of a Board panel shall be entitled to compensation in the amount of $175.00 a day for time spent in the performance of his or her duties. The members including the Chair shall be reimbursed for their necessary expenses incurred in the performance of their duties.
  5. The Board may not issue orders for the implementation of which the Legislature has not appropriated adequate funds.

    Added 1969, No. 113 , § 1; amended 1971, No. 193 (Adj. Sess.), § 21, eff. April 3, 1972; 1975, No. 152 (Adj. Sess.), § 2; 1979, No. 59 , § 30; 1985, No. 133 (Adj. Sess.), § 1; 1987, No. 183 (Adj. Sess.), § 18; 2005, No. 187 (Adj. Sess.), § 1, eff. May 25, 2006; 2018, No. 2 (Sp. Sess.), § 14.

History

2019. Reinserted subdiv. (a)(2)(C), which was inadvertently omitted by 2018, No. 2 (Sp. Sess.), § 14, and in subdivs. (a)(2)(B)(i) and (ii), substituted "subdivision (C) of this subdivision (2)" for "subsection (c) of this section" to correct the references.

Amendments--2018 (Sp. Sess.). Subsec. (a): Amended generally.

Amendments--2005 (Adj. Sess.). Amended section generally.

Amendments--1987 (Adj. Sess.). Subsection (d): Substituted "$ 75.00" for "$ 50.00" following "compensation of" in the first sentence, and substituted "$ 125.00" for "$ 100.00" following "amount of" and inserted "or her" preceding "duties" in the second sentence.

Amendments--1985 (Adj. Sess.). Subsection (a): Substituted "five" for "three" preceding "members" and "three" for "two" preceding "shall" in the first sentence, deleted "biennially" preceding "appoint" and substituted "year" for "biennium" following "same" in the second sentence, inserted "or her" following "his" in the third sentence, and added the fifth, sixth and seventh sentences.

Amendments--1979. Subsection (d): Amended generally.

Amendments--1975 (Adj. Sess.). Subsection (a): Deleted "employee" preceding "labor relations board" in the first sentence and rewrote the fourth sentence.

Amendments--1971 (Adj. Sess.). Subsection (e): Added.

ANNOTATIONS

Cited. Lewandoski v. Vermont State Colleges, 142 Vt. 446, 457 A.2d 1384 (1983).

§ 922. Office space; employees.

  1. The Secretary of Administration shall, upon request by the State Labor Relations Board, allow the Board the responsible use of public buildings under his or her control and furnish heat, light and furniture for any meeting or hearing called by the Board.
  2. The Board may employ such employees and agents as it deems necessary, and may employ a reporter for taking and transcribing testimony in hearing before it.

    Added 1969, No. 113 , § 1; amended 1975, No. 152 (Adj. Sess.), § 3.

History

Revision note. Reference to "commissioner of administration" changed to "secretary of administration" to conform reference to new title and reorganization of state government. See § 2222 of this title.

Amendments--1975 (Adj. Sess.). Subsection (a): Deleted "employee" preceding "labor relations board".

§ 923. Legal counsel.

The Board may retain an attorney or attorneys qualified in labor law to represent it in all matters under this chapter.

Added 1969, No. 113 , § 1.

§ 924. Powers and duties.

  1. [Repealed.]
  2. In all proceedings under this chapter, no evidence shall be admitted or considered that relates to conduct or statements made in compromise negotiations, including mediation, unless otherwise agreed to by the parties. This subsection does not require exclusion of evidence otherwise obtainable from independent sources because it was presented in the course of compromise negotiations nor does it require exclusion of evidence offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct an investigation.
  3. Until a transcript of the record in a case is filed in a court under this chapter, the Board at any time upon reasonable notice and in such manner as it considers proper may modify or set aside wholly or partially a finding made or order issued by it.
  4. The Board may appoint a mediator to assist in resolving differences.
  5. In addition to its responsibilities under this chapter, the Board shall carry out the responsibilities given to it under 21 V.S.A. chapters 19 and 22 and chapter 28 of this title and when so doing shall exercise the powers and follow the procedures set out in that chapter.
  6. The Board may cooperate with other agencies, either of the United States or of another state, in all matters concerning the powers and duties of the Board under this chapter and particularly in relation to agreements providing for the ceding to the Board by the National Labor Relations Board of jurisdiction over cases in any industry predominantly local in character.

    Added 1969, No. 113 , § 1; amended 1975, No. 152 (Adj. Sess.), § 4; 1997, No. 92 (Adj. Sess.), § 3; 2005, No. 194 (Adj. Sess.), § 1; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.

History

Amendments--2011 (Adj. Sess.). Subsection (a): Repealed.

Amendments--2005 (Adj. Sess.). Amended section generally.

Amendments--1997 (Adj. Sess.). Subsection (d): Substituted "chapters 19 and 22 of Title 21 and chapter 28 of Title 3" for "chapter 19 of Title 21", and deleted the last sentence, which read "The board shall also carry out the responsibilities given to it under chapter 22 of Title 21 and when so doing shall exercise the powers and follow the procedures set out in that chapter".

Amendments--1975 (Adj. Sess.). Subsection (a): Inserted "and chapters 19 and 22 of Title 21" following "this chapter".

Subsections (d) and (e): Added.

ANNOTATIONS

Cited. Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994).

§ 925. Mediation; fact finding.

  1. Whenever the representatives of a collective bargaining unit and the representative of the employer, after a reasonable period of negotiation reach an impasse during the course of collective bargaining on subjects defined in section 904 of this title, the Board, upon petition of either or both parties, may authorize the parties to submit their differences to mediation.  The Board shall within five days appoint a mediator who shall communicate with the employer and the employees or their representatives and endeavor by mediation to obtain an amicable settlement.  Any mediator so appointed shall be a person of high standing in no way actively connected with labor or management.
  2. If after a reasonable period of time not less than 15 days after the appointment of a mediator the impasse is not resolved, the mediator shall certify to the Board that the impasse continues. The Board shall appoint a fact finder mutually agreed upon by the parties. If the parties do not agree, the Board may appoint a neutral third party to act as fact finder pursuant to rules adopted by the Board.
  3. [Repealed.]
  4. The fact finder shall conduct hearings, pursuant to rules established by the Board. Upon request of either party or of the fact finder, the Board may issue subpoenas of persons and documents for the hearings and the fact finder may require that testimony be given under oath and may administer oaths.
  5. Nothing herein shall prohibit a fact finder from endeavoring to mediate the dispute, which the fact finder is considering, at any time prior to the issuance of recommendations.
  6. The fact finder shall consider, if applicable to the issues, the following factors, among others, in making a recommendation:
    1. wage and salary schedules and employee benefits to the extent they are inconsistent with prevailing rates both internally and in commerce and industry for comparable work within the State;
    2. work schedules relating to assigned hours and days of the week as they relate to the employee's needs and the general public's requirement for continual service;
    3. general working conditions as they compare with generally accepted safety standards and conditions prevailing in commerce and industry within the State.
  7. Upon completion of the hearings, the fact finder shall make and file with both parties written findings and recommendations.
  8. The costs of witnesses and other expenses incurred by either party in fact-finding proceedings shall be paid directly by the party incurring them, and the costs and expenses of the fact finder shall be divided equally between the parties. Each party shall make payment of its half of the total to the fact finder within 15 days after receipt of the fact finder's bill.
    1. In the case of the Vermont State Colleges or the University of Vermont, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board. Each party's last best offer shall be filed with the Board under seal and shall be unsealed and placed in the public record only when both parties' last best offers are filed with the Board. The Board shall hold one or more hearings. Within 30 days of the certifications, the Board shall select between the last best offers of the parties, considered in their entirety without amendment. (i) (1)  In the case of the Vermont State Colleges or the University of Vermont, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board. Each party's last best offer shall be filed with the Board under seal and shall be unsealed and placed in the public record only when both parties' last best offers are filed with the Board. The Board shall hold one or more hearings. Within 30 days of the certifications, the Board shall select between the last best offers of the parties, considered in their entirety without amendment.
    2. In the case of the State of Vermont or the Department of State's Attorneys and Sheriffs, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board, or upon the request of either party, to an arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, the American Arbitration Association shall appoint a neutral third party to act as arbitrator. Each party's last best offer shall be filed with the Board or the arbitrator under seal and shall be unsealed and placed in the public record only when both parties' last best offers are filed with the Board or the arbitrator. The Board or the arbitrator shall hold one or more hearings. Within 30 days of the certifications, the Board or the arbitrator shall select between the last best offers of the parties, considered in their entirety without amendment.
  9. Notwithstanding the provisions of subsection (i) of this section:
    1. In the case of the Vermont State Colleges or the University of Vermont, should the Board find the last best offers of both parties unreasonable and likely to produce undesirable results, or likely to result in a long-lasting negative impact upon the parties' collective bargaining relationship, then the Board may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board in the last best offers.
    2. In the case of the State of Vermont or the Department of State's Attorneys and Sheriffs, should the Board or the arbitrator find the last best offers of both parties unreasonable and likely to produce undesirable results, or likely to result in a long-lasting negative impact upon the parties' collective bargaining relationship, then the Board or the arbitrator may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board or the arbitrator in the last best offers.
    1. In the case of the University of Vermont or the Vermont State Colleges, the decision of the Board shall be final and binding on each party. (k) (1)  In the case of the University of Vermont or the Vermont State Colleges, the decision of the Board shall be final and binding on each party.
    2. In the case of the State of Vermont or the Department of State's Attorneys and Sheriffs, the decision of the Board or the arbitrator shall be final, and the terms of the chosen agreement shall be binding on each party, subject to appropriations in accordance with subsection 982(d) of this title.
  10. Nothing herein shall be construed to permit an arbitrator or the Board to issue an order under subsection (i) of this section binding upon the parties that is in conflict with any statute or any rule or regulation that is not bargainable.

    Added 1969, No. 113 , § 1; amended 1971, No. 185 (Adj. Sess.), § 2, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 8, eff. April 3, 1972; 1977, No. 109 , § 6; 1987, No. 177 (Adj. Sess.), § 4; 2005, No. 71 , § 178a, eff. June 21, 2005; 2005, No. 1 (Spec. Sess.), § 1; 2005, No. 1 94 (Adj. Sess.), § 2; 2011, No. 22 , § 1; 2017, No. 81 , § 8, eff. June 15, 2017; 2019, No. 61 , § 21.

History

Amendments--2019. Subsec. (i): Added the subdiv. (1) designation, substituted "In the case of the Vermont State Colleges or the University of Vermont, if" for "If" at the beginning, and added subdiv. (2).

Subsec. (j): Added the subdiv. (1) designation, added "In the case of the Vermont State Colleges or the University of Vermont," at the beginning, and added subdiv. (2).

Subsec. (k): Added the subdiv. (1) designation, deleted the first sentence, and added subdiv. (2).

Subsec. (l): Inserted "an arbitrator or" preceding "Board".

Amendments--2017. Subsec. (k): Inserted "or the Department of State's Attorneys and Sheriffs" following "Vermont" in the first sentence.

Amendments--2011. Subsection (k): Inserted "decision of the" preceding "board"; substituted "be final, and the terms of the chosen agreement shall be binding on each party, subject to appropriations in accordance with subsection 982(d) of this title" for "recommend its choice to the general assembly as the bargaining agreement which shall become effective subject to appropriations by the general assembly. The board shall determine the cost of the package selected and request the appropriation necessary to fund the recommendation" and deleted the last sentence.

Amendments--2005 (Adj. Sess.). Subsection (b): Substituted "The" for "Upon the request of either party the" preceding "board" and "fact finder mutually agreed upon by the parties" for "a fact finding panel" and added the third sentence.

Subsection (c): Deleted.

Subsection (d): Substituted "fact finder" for "panel" in three places.

Subsection (e): Substituted "a fact finder" for "any fact finding panel" following "prohibit" and "the fact finder" for "it" following "which" and deleted "its" preceding "recommendations".

Subsection (f): Substituted "fact finder" for "fact finding panel" preceding "shall".

Subsection (g): Substituted "fact finder" for "panel" preceding "shall".

Subsections (h), (i): Amended generally.

Subsection (j): Added and redesignated former subsecs. (j) and (k) as present subsecs. (k) and (l).

Amendments--2005. Subsection (i): Act No. 71, § 178a(c) as amended by Act No. 1 (Spec. Sess.), § 178a(b) deleted "or the Vermont State colleges" following "Vermont" in the fifth sentence; inserted "or The Vermont state colleges" following "University of Vermont" in the seventh sentence and deleted "or the Vermont state colleges" preceding "arrived" near the end of the eighth sentence.

Amendments--1987 (Adj. Sess.). Subsection (i): Rewrote the former fourth sentence as the present fourth and fifth sentences, added the seventh sentence, and inserted "involving the state of Vermont or the Vermont state colleges" preceding "arrived" in the last sentence.

Amendments--1977. Amended section generally.

Amendments--1971 (Adj. Sess.). Act No. 193 amended section generally.

Subsection (f): Act No. 185 deleted "as provided by sections 2382 et seq. of Title 12" following "questions of law" at the end of the fourth sentence.

2019, No. 61 , § 24, provided that the amendment to this section by § 21 of the act shall apply to contract negotiations that begin on or after July 1, 2019.

Limitation on inclusion in section of employees of state colleges or the University of Vermont as state employees. 1987, No. 177 (Adj. Sess.), § 6, provides: "The inclusion of employees of the Vermont State Colleges or the University of Vermont within this Act (which amended this section and sections 901, 902, 905 and 982 of this title) shall not be construed to mean that the employees of the Vermont State Colleges or the University of Vermont are state employees for any other purpose".

Cross References

Cross references. Arbitration generally, see 12 V.S.A. § 5651 et seq.

§ 926. Grievances.

  1. The Board shall hear and make a final determination on the grievances of all employees who are eligible to appeal grievances to the Board. Grievance hearings at the Board level shall be conducted in accordance with the rules and regulations adopted by the Board. The right to institute grievance proceedings extends to individual employees, groups of employees, and collective bargaining units.
  2. A collective bargaining agreement may provide for binding arbitration as a final step of a grievance procedure, rather than a hearing by the Board. An agreement that includes a binding arbitration provision shall also include the procedure for selecting an arbitrator.
  3. If a collective bargaining agreement provides for binding arbitration as a final step of a grievance procedure, the agreement may also establish:
    1. procedural rules for conducting grievance arbitration proceedings;
    2. whether grievance arbitration proceedings will be confidential; and
    3. whether arbitrated grievance determinations will have precedential value.
  4. An arbitrator chosen or appointed under this section shall have no authority to add to, subtract from, or modify the collective bargaining agreement.
  5. Any collective bargaining agreement that contains a binding arbitration provision pursuant to this section shall include an acknowledgement of arbitration that provides substantially the following:

    (The parties) understand that this agreement contains a provision for binding arbitration as a final step of the grievance process. After the effective date of this agreement, no grievance, submitted to binding arbitration, may be brought to the Vermont Labor Relations Board. An employee who has declined representation by the employee organization or whom the employee organization has declined to represent or is unable to represent, shall be entitled, either by representing himself or herself or with the assistance of independent legal counsel, to appeal his or her grievance to the Vermont Labor Relations Board as the final step of the grievance process in accordance with the rules and regulations adopted by the Board.

  6. This section shall not apply to labor interest arbitration, which as used in this chapter means the method of concluding labor negotiations by means of a disinterested person to determine the terms of a labor agreement.
  7. A party may apply to the arbitrator for a modification of an award if the application is made within 30 days after delivery of a copy of the award to the applicant. An arbitrator may modify an award only if the arbitrator finds any one of the following:
    1. There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award.
    2. The award was based on a matter not submitted to the arbitrator, and the award may be corrected without affecting the merits of the decision on the issues submitted.
    3. The award was imperfect in form and the award may be corrected without affecting the merits of the controversy.
  8. A party may apply to the Civil Division of the Superior Court for review of the award provided the application is made within 30 days after delivery of a copy of the award to the applicant or, in the case of a claim of corruption, fraud, or other undue means, the application is made within 30 days after those grounds are known or should have been known. The Civil Division of the Superior Court shall vacate an arbitration award based on any of the following:
    1. The award was procured by corruption, fraud, or other undue means.
    2. There was partiality or prejudicial misconduct by the arbitrator.
    3. The arbitrator exceeded his or her power or rendered an award requiring a person to commit an act or engage in conduct prohibited by law.
  9. The Board shall hear and make a final determination on the grievances of all retired individual employees of the University of Vermont, groups of such retired individuals, and retired collective bargaining unit members of the University of Vermont. Grievances shall be limited to those relating to compensation and benefits that were accrued during active employment but are received after retirement. As used in this subsection, "grievance" means an allegation of a violation of a collective bargaining agreement, employee handbook provision, early retirement plan, individual separation agreement or other documented agreement, or rule or regulation of the University of Vermont.

    Added 1969, No. 113 , § 1; amended 1977, No. 109 , § 7, eff. July 3, 1977; 2007, No. 107 (Adj. Sess.), § 1; 2015, No. 35 , § 1, eff. May 26, 2015.

ACKNOWLEDGEMENT OF ARBITRATION

History

Amendments--2015. Amended section generally.

Amendments--2007 (Adj. Sess.) Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

Amendments--1977. Amended section generally.

ANNOTATIONS

Analysis

1. Function of board.

The function of the labor relations board under this section is to decide whether there was, in law, just cause for the action taken, not whether it agrees or disagrees with that action. In re Goddard, 142 Vt. 437, 457 A.2d 637 (1983).

In grievance proceedings, the labor relations board acts as a quasi-judicial body, determining questions of law and fact as an incident to the performance of its administrative duties. In re Brooks, 135 Vt. 563, 382 A.2d 204 (1977).

2. Jurisdiction.

Under this section, the labor relations board has jurisdiction to determine employee grievances; however, that jurisdiction is somewhat limited by the definition of the term "grievance" in section 902(14) of this title, which relates to expressed dissatisfaction involving a collective bargaining agreement or the discriminatory application of a rule or regulation. In re Guttman, 139 Vt. 574, 431 A.2d 491 (1981).

Where decision of labor relations board on grievance filed by teacher, who was not rehired because she had reached the mandatory retirement age deemed applicable to her, was based on its interpretation of a collective bargaining agreement, the board's exercise of jurisdiction was proper. In re Guttman, 139 Vt. 574, 431 A.2d 491 (1981).

3. Discrimination.

Where state college failed to follow its stated rule that recommendation that teacher be terminated be discussed with teacher before passing recommendation on to college president and his advisory committee on promotion and tenure, and failed to show valid modification of the rule through unwritten custom or usage consisting of past practice whereby rule was not used, there was discrimination in the sense that there was unequal treatment of individuals in the same circumstances under the applicable rule and, the rule being binding, there was a grievance under this section and state board's finding to the contrary would be reversed. Nzomo v. Vermont State Colleges, 136 Vt. 97, 385 A.2d 1099 (1978).

4. Waiver of claim.

Where collective bargaining contract provided that failure of a grievant to comply with the time limits of the complaint procedure or of steps one and two would preclude subsequent filing of the grievance, and college faculty member who was not reappointed and who filed a grievance did not raise issue of timeliness of the notice of nonreappointment until step two, the issue was barred, on ground of waiver, from consideration before the labor relations board and before the supreme court on appeal. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 139 Vt. 329, 428 A.2d 1110 (1981).

Cited. In re Young, 134 Vt. 569, 367 A.2d 665 (1976); In re McMahon, 136 Vt. 512, 394 A.2d 1136 (1978); In re Stacey, 138 Vt. 68, 411 A.2d 1359 (1980); Nzomo v. Vermont State Colleges, 138 Vt. 73, 411 A.2d 1366 (1980); In re Vermont State Colleges Faculty Federation, 138 Vt. 299, 415 A.2d 226 (1980); In re Carlson, 140 Vt. 555, 442 A.2d 57 (1982); In re Harrison, 141 Vt. 215, 446 A.2d 366 (1982); Fairchild v. Vermont State Colleges, 141 Vt. 362, 449 A.2d 932 (1982); In re Muzzy, 141 Vt. 463, 449 A.2d 970 (1982); In re Friel, 141 Vt. 505, 450 A.2d 1111 (1982); D'Aleo v. Vermont State Colleges, 141 Vt. 534, 450 A.2d 1127 (1982); Lewandoski v. Vermont State Colleges, 142 Vt. 446, 457 A.2d 1384 (1983); In re Graves, 147 Vt. 519, 520 A.2d 999 (1986); Boynton v. Snelling, 147 Vt. 564, 522 A.2d 232 (1987); In re Merrill, 151 Vt. 270, 559 A.2d 651 (1988); Aranoff v. Bryan, 153 Vt. 59, 569 A.2d 466 (1989); In re Gobin, 158 Vt. 432, 610 A.2d 150 (1992); In re V.S.E.A., 162 Vt. 277, 648 A.2d 394 (1994).

Law review commentaries

Law review. For note, "The Vermont Labor Relations Board's Role in Grievance Proceedings: Let's Make this Process Work," see 12 Vt. L. Rev. 429 (1987).

§ 927. Appropriate unit.

  1. The Board shall decide the unit appropriate for the purpose of collective bargaining in each case and those employees to be included therein, in order to assure the employees the fullest freedom in exercising the rights guaranteed by this chapter.
  2. In determining whether a unit is appropriate under subsection (a) of this section, the extent to which the employees have organized is not controlling.
  3. The Board may decline recognition to any group of employees as a collective bargaining unit if, upon investigation and hearing, it is satisfied that the employees will not constitute an appropriate unit for purposes of collective bargaining or if recognition will result in over-fragmentation of state employee collective bargaining units.  In case such a determination is made, the provisions of subchapter 3 of this chapter shall not become operative in that instance.

    Added 1969, No. 113 , § 1.

ANNOTATIONS

Analysis

1. Authority of board.

Labor relations board did not err when it considered a petition for formation of a separate collective bargaining unit for correctional employees which included nonmanagement and supervisory employees and issued an order authorizing a unit different from the one proposed in the petition, since if, after hearing a petition, the board determines that the unit as proposed is inappropriate, it may under this section order the formation of a unit that is an appropriate one. In re VSEA, Inc., 143 Vt. 636, 471 A.2d 230 (1983).

2. Standard for determination.

Vermont Labor Relations Board applied the correct legal standard when, having determined that the petitioned-for unit was not appropriate, it then determined an appropriate unit and ordered its formation. The Board was not comparing the two potential unit configurations to determine which was more appropriate - rather, it rejected the petitioned-for unit and then exercised its broad discretion to authorize an appropriate unit. In re Vt. State Colleges Faculty Fedn., AFT Local 3180, - Vt. - , 216 A.3d 1259 (Aug. 2, 2019).

Cited. In re Liquor Control Department Non-supervisory Employees, 135 Vt. 623, 383 A.2d 612 (1978); In re Vermont State Colleges Faculty Federation, 138 Vt. 299, 415 A.2d 226 (1980); Vermont State Colleges Faculty Federation v. Vermont State Colleges, 152 Vt. 343, 566 A.2d 955 (1989).

§ 928. Rules.

  1. The Board, as necessary to carry out the provisions of this chapter, shall adopt and may amend and rescind rules consistent with this chapter.
  2. Notwithstanding the provisions of subsection (a) of this section, rules adopted by the Board as they relate to grievance appeals shall provide:
    1. If a collective bargaining agreement provides that an appeal to the Board will constitute the final step in the grievance procedure, all employees and other persons authorized by this chapter shall have the right to appeal to the Board in accordance with the rules of the Board.
    2. That a reasonable notice be given to the State agency or officer, and State employee, and the representative concerned and to the Commissioner of Human Resources.
    3. That all hearings of the Board shall be public and, unless both parties concerned request that it be formal, hearings shall be informal and not subject to the rules of pleadings, procedure, and evidence of the courts of the State.
    4. That all parties in interest to any appeal shall be entitled to be heard on any matter at issue.
    5. That in appeals from the decisions of the Department of Human Resources or any State agency or officer, the State agency and officer and the State employee shall be parties in interest, and the Commissioner of Human Resources or the collective bargaining representative on motion, may intervene as a party in interest.
    6. That the parties at interest shall have the right to present witnesses, give evidence, and examine witnesses before the Board.
        1. That the name of any grievant whom the Board exonerates of misconduct for which he or she was disciplined shall be redacted from the version of the Board's decision that is posted on the Board's website.
        2. Nothing in this subdivision (7)(A) shall be construed to require the Board to redact the name of the grievant from any other version of the Board's decision or from any other documents related to the grievance.
      1. Nothing in this subdivision (7) shall be construed to modify an individual's right to privacy pursuant to any law, rule, or policy.

        Added 1969, No. 113 , § 1; amended 1977, No. 109 , § 8, eff. July 3, 1977; 1987, No. 243 (Adj. Sess.), § 9, eff. June 13, 1988; 2003, No. 156 (Adj. Sess.), § 15; 2015, No. 35 , § 3, eff. May 26, 2015; 2015, No. 101 (Adj. Sess.), § 1; 2017, No. 74 , § 3.

History

Amendments--2017. Subsec. (a): Amended generally.

Subdiv. (b)(1): Deleted "and regulations" following "rules".

Amendments--2015 (Adj. Sess.). Deleted "and regulations" following "rules" in the section heading and in the introductory language of subsec. (b), and added subdiv. (b)(7).

Amendments--2015. Subsection (b)(1): Added "if a collective bargaining agreement provides that an appeal to the Board will constitute the final step in the grievance procedure" preceding "all employees".

Amendments--2003 (Adj. Sess.). Subdivision (b)(5): Substituted "commissioner of human resources" for "commissioner of personnel".

Subdivision (b)(5): Substituted "department of human resources" for "department of personnel" and "commissioner of human resources" for "commissioner of personnel".

Amendments--1987 (Adj. Sess.). Subdivision (b)(5): Deleted "the personnel board" preceding "or the collective".

Amendments--1977. Subsection (b): Substituted "grievance" for "personnel" preceding "appeals" in the introductory sentence.

Subdivision (b)(1): Deleted "state" preceding "employees".

Grievant previously exonerated; redaction of name from Board decision. 2015, No. 101 (Adj. Sess.), § 2 provides: "(a) On or before January 1, 2017, the Vermont Labor Relations Board shall adopt rules necessary to permit a grievant whom, in a decision issued after December 31, 1994, the Board exonerated of misconduct for which he or she was disciplined to petition the Board to redact his or her name from the version of the Board's decision that is posted on the Board's website.

"(b)(1) Nothing in this section shall be construed to require the Board to redact the name of the grievant from any other version of the Board's decision or from any other documents related to the grievance.

"(2) Nothing in this section shall be construed to modify an individual's right to privacy pursuant to any law, rule, or policy."

ANNOTATIONS

1. Evidence.

Unless the labor relations board unduly or unfairly restricts the presentation of evidence so as to deprive a party of a meaningful opportunity to be heard, its evidentiary determinations will be upheld. In re Merrill, 151 Vt. 270, 559 A.2d 651 (1988).

In reviewing dismissal of state employee, labor relations board acted correctly in refraining from examining reasons other than those stated in letter of dismissal, or those delineated in a termination meeting. In re Merrill, 151 Vt. 270, 559 A.2d 651 (1988).

While subdivision (b)(3) of this section provides that the labor relations board is not bound by the rules of evidence in its proceedings, it is essential that the board recognize the right of parties under subdivision (b)(6) to present witnesses, give evidence, and examine witnesses. Fairchild v. Vermont State Colleges, 141 Vt. 362, 449 A.2d 932 (1982).

While the labor relations board is not bound by rules of evidence in its proceedings, it is bound to grant the parties a fair and open hearing which means the parties have the right to present witnesses, give evidence and examine witnesses before the board. In re Brooks, 135 Vt. 563, 382 A.2d 204 (1977).

Cited. Lewandoski v. Vermont State Colleges, 142 Vt. 446, 457 A.2d 1384 (1983); Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994).

§ 929. Records to be public.

All findings, conclusions, and determinations of the Board and the records of all hearings and other proceedings, unless otherwise provided by law, shall be public records.

Added 1969, No. 113 , § 1.

Cross References

Cross references. Access to public records, see 1 V.S.A. § 315 et seq.

ANNOTATIONS

Cited. Trombley v. Bellows Falls Union High School District No. 27, 160 Vt. 101, 624 A.2d 857 (1993).

Subchapter 3. Certification Procedure

§ 941. Unit determination, certification, and representation.

  1. The Board shall determine issues of unit determination, certification, and representation in accordance with this chapter.
  2. No bargaining unit or collective bargaining representative shall be recognized by the employer until the Board has determined the appropriate unit to be represented and has formally certified its determination.
    1. A petition may be filed with the Board, in accordance with procedures prescribed by the Board by an employee or group of employees, or any individual or employee organization purporting to act on their behalf, alleging by filing a petition or petitions bearing signatures of not less than 30 percent of the employees that they wish to form a bargaining unit and be represented for collective bargaining, or that the individual or employee organization currently certified as the bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit, or that they are now included in an approved bargaining unit and wish to form a separate bargaining unit under Board criteria for purposes of collective bargaining. The employee, group of employees, individual, or employee organization that files the petition, shall, at the same time that the petition is filed with the Board, provide a copy of the petition to the employer and, if appropriate, the current bargaining agent. (c) (1)  A petition may be filed with the Board, in accordance with procedures prescribed by the Board by an employee or group of employees, or any individual or employee organization purporting to act on their behalf, alleging by filing a petition or petitions bearing signatures of not less than 30 percent of the employees that they wish to form a bargaining unit and be represented for collective bargaining, or that the individual or employee organization currently certified as the bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit, or that they are now included in an approved bargaining unit and wish to form a separate bargaining unit under Board criteria for purposes of collective bargaining. The employee, group of employees, individual, or employee organization that files the petition, shall, at the same time that the petition is filed with the Board, provide a copy of the petition to the employer and, if appropriate, the current bargaining agent.
        1. An employer shall, not more than seven business days after receiving a copy of the petition, file any objections to the appropriateness of the proposed bargaining unit and raise any other unit determination issues with the Board and provide a copy of the filing to the employee, group of employees, individual, or employee organization that filed the petition.
        2. A hearing shall be held before the Board pursuant to subdivision (d)(1)(B) of this section in the event the employer challenges the appropriateness of the proposed bargaining unit, provided that a hearing shall not be held if the parties stipulate to the composition of the appropriate bargaining unit and resolve any other unit determination issues before the hearing.
        3. The Board may endeavor to informally mediate any dispute regarding the appropriateness of the proposed bargaining unit prior to the hearing.
        1. Within five business days after receiving a copy of the petition, the employer shall file with the Board and the employee or group of employees, or the individual or employee organization purporting to act on their behalf, a list of the names and job titles of the employees in the proposed bargaining unit. To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format. (B) (i) Within five business days after receiving a copy of the petition, the employer shall file with the Board and the employee or group of employees, or the individual or employee organization purporting to act on their behalf, a list of the names and job titles of the employees in the proposed bargaining unit. To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format.
        2. An employee or group of employees, or any person purporting to act on their behalf, that is seeking to demonstrate that the current bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit shall not be entitled to obtain a list of the employees in the bargaining unit from the employer pursuant to this subdivision (c)(2)(B), but may obtain a list pursuant to subdivision (e)(3) of this section after the Board has investigated its petition and determined that a secret ballot election shall be conducted.
        3. The list shall be kept confidential and shall be exempt from copying and inspection under the Public Records Act.
  3. The Board, a Board member, or a person or persons designated by the Board shall investigate the petition and do one of the following:
    1. Determine that the petition has made a sufficient showing of interest pursuant to subdivision (c)(1) of this section.
      1. If it finds reasonable cause to believe that a question of unit determination or representation exists, the Board shall schedule a hearing to be held before the Board not more than ten business days after the petition was filed with the Board. (2) (A) If it finds reasonable cause to believe that a question of unit determination or representation exists, the Board shall schedule a hearing to be held before the Board not more than ten business days after the petition was filed with the Board.
      2. Once scheduled, the date of the hearing shall not be subject to change except as provided pursuant to subdivision (e)(4) of this section.
      3. Hearing procedure and notification of the results of the hearing shall be in accordance with rules adopted by the Board, except that the parties shall only be permitted to submit posthearing briefs within not more than five business days after the hearing if the parties mutually agree to do so or if the Board requests that the parties submit posthearing briefs.
      4. The Board shall issue its decision as soon as practicable and, in any event, not more than five business days after the hearing or the submission any posthearing briefs.
    2. If the Board finds an absence of substantive evidence, it shall dismiss the petition.
    1. Whenever, on the basis of a petition pursuant to subdivision (d)(1) of this section or a hearing pursuant to subdivision (d)(2) of this section, the Board finds substantial interest among employees in forming a bargaining unit or being represented for purposes of collective bargaining, a secret ballot election shall be conducted by the Board not more than 23 business days after the petition is filed with the Board except as otherwise provided pursuant to subdivision (4) of this subsection. (e) (1)  Whenever, on the basis of a petition pursuant to subdivision (d)(1) of this section or a hearing pursuant to subdivision (d)(2) of this section, the Board finds substantial interest among employees in forming a bargaining unit or being represented for purposes of collective bargaining, a secret ballot election shall be conducted by the Board not more than 23 business days after the petition is filed with the Board except as otherwise provided pursuant to subdivision (4) of this subsection.
    2. The election shall be conducted so that it shows separately the wishes of the employees in the voting group involved as to the determination of the collective bargaining unit, including the right not to be organized. The collective bargaining unit or collective bargaining representative shall be recognized and certified by the Board upon a majority vote of the employees voting.
      1. The employer shall file with the Board and the other parties a list of the employees in the bargaining unit within two business days after the Board determines that a secret ballot election shall be conducted. (3) (A) The employer shall file with the Board and the other parties a list of the employees in the bargaining unit within two business days after the Board determines that a secret ballot election shall be conducted.
      2. The list shall include, as appropriate, each employee's name, work location, shift, job classification, and contact information. As used in this subdivision (3), "contact information" includes an employee's home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.
      3. To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format.
      4. The list shall be:
        1. kept confidential by the Board and all of the parties; and
        2. shall be exempt from copying and inspection under the Public Records Act.
      5. Failure to file the list within the time required pursuant to subdivision (A) of this subdivision (3) may be grounds for the Board to set aside the results of the election if an objection is filed within the time required pursuant to the Board's rules.
    3. The Board may, upon the request of any party or on its own motion, extend any time period set forth in this subsection or in subsections (c) and (d) of this section for good cause, provided that the election shall be conducted, or, in the event of a mail ballot election, that ballots are mailed to the employees, within not more than 60 calendar days after the date the petition is filed pursuant to subsection (c) of this section. The Board may further extend the time to conduct the election by not more than 30 additional calendar days upon the mutual agreement of the parties or if it determines that extraordinary circumstances have made such an extension necessary.
  4. In determining the appropriateness of a collective bargaining unit, the Board shall take into consideration but not be limited to the following criteria:
    1. The authority of governmental officials at the unit level to take positive action on matters subject to negotiation.
    2. The similarity or divergence of the interests, needs, and general conditions of employment of the employees to be represented.  The Board may, in its discretion, require that a separate vote be taken among any particular class or type of employees within a proposed unit to determine specifically if the class or type wishes to be included.
    3. Whether over-fragmentation of units among State employees will result from certification to a degree which is likely to produce an adverse effect either on effective representation of State employees generally, or upon the efficient operation of State government.
    1. In determining the representation of State employees in a collective bargaining unit, the Board shall conduct a secret ballot of the employees within the time period set forth in subdivision (e)(1) of this section, unless the time to conduct the election is extended pursuant to subdivision (e)(4) of this section, and certify the results to the interested parties and to the State employer. The original ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. No representative will be certified with less than a majority of the votes cast by employees in the bargaining unit. (g) (1)  In determining the representation of State employees in a collective bargaining unit, the Board shall conduct a secret ballot of the employees within the time period set forth in subdivision (e)(1) of this section, unless the time to conduct the election is extended pursuant to subdivision (e)(4) of this section, and certify the results to the interested parties and to the State employer. The original ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. No representative will be certified with less than a majority of the votes cast by employees in the bargaining unit.
    2. If in such election none of the choices receive a majority of the votes cast, a runoff election shall be conducted, the ballot providing for a selection between two choices receiving the largest and second largest number of valid votes cast in the original election.
    3. The Board's certification of the results of any election shall be conclusive as to findings unless reviewed under proceedings instituted for the prevention of prohibited practices in section 965 of this title.
  5. A representative chosen by secret ballot for the purposes of collective bargaining by a majority of the votes cast shall be the exclusive representative of all the employees in such unit for a minimum of one year.  Such representative shall be eligible for reelection.
  6. The Board, by rule, shall prescribe a uniform procedure for the resolution of employee grievances submitted through the collective bargaining machinery. If the collective bargaining agreement does not provide that binding arbitration will be the final step of the negotiated grievance procedure pursuant to section 926 of this chapter, the final step of the negotiated grievance procedure, if required, shall be a hearing and final determination by the Board. Grievance hearings conducted by the Board shall be informal and not subject to the rules of pleading procedure, and evidence of the courts of the State. Any employee or group of employees included in a duly certified bargaining unit may be represented before the Board by its bargaining representative's counsel or designated executive staff employees or by any individual the Board may permit at its discretion.
  7. Any individual employee or group of employees shall have the right at any time to present complaints to their employer informally, and to have such complaints considered in good faith with or without the intervention of the bargaining representative. Adjustments shall not be inconsistent with the terms of a collective bargaining contract or agreement then in effect.  All such complaints shall be considered and a decision formulated and the complainant informed thereof within 15 days of presentment.
  8. Nothing in this chapter requires an individual to seek the assistance of his or her collective bargaining unit or its representative(s) in any grievance proceeding. He or she may represent himself or herself or be represented by counsel of his or her own choice or may avail himself or herself of the unit representative in grievance proceedings.
  9. [Repealed.]

    Added 1969, No. 113 , § 1; amended 1971, No. 193 (Adj. Sess.), §§ 9-11, eff. April 3, 1972; 1973, No. 176 (Adj. Sess.), §§ 1-4; 1975, No. 52 ; 1977, No. 109 , §§ 10, 33(e), eff. July 3, 1977; 1993, No. 227 (Adj. Sess.), § 30; 2013, No. 37 , § 4; 2015, No. 35 , § 4, eff. May 26, 2015; 2019, No. 180 (Adj. Sess.), § 1, eff. Jan. 1, 2021.

History

Amendments--2019 (Adj. Sess.). Subsecs. (c)-(e): Amended generally.

Subdiv. (g)(1): Added "within the time period set forth in subdivision (e)(1) of this section, unless the time to conduct the election is extended pursuant to subdivision (e)(4) of this section," following "secret ballot of the employees" in the first sentence and "by employees in the bargaining unit" following "votes cast" in the last sentence.

Amendments--2015. Subsection (i): Rewrote the second sentence, and substituted "its" for "their" preceding "bargaining representative's" in the last sentence.

Amendments--2013. Subsection (k): Deleted the former third sentence and added "or may avail himself or herself of the unit representative in grievance proceedings" at the end of the second sentence.

Amendments--1993 (Adj. Sess.). Subsection (k): Made minor changes in phraseology in the first and second sentences and added "provided that in the event a collective bargaining service fee is negotiated, the unit representative shall represent nonmember employees in grievance proceedings without charge" at the end of the third sentence.

Amendments--1977. Subsection (f): Substituted "determining the appropriateness of a" for "certifying an appropriate" preceding "collective" in the introductory sentence.

Subdivision (f)(2): Rewrote the first sentence.

Subdivision (f)(3): Substituted "efficient" for "effective" preceding "operation".

Subsection (h): Deleted "except as provided in subsection (l) of this section" following "one year" at the end of the first sentence.

Subsection (i): Substituted "any negotiated" for "such" preceding "grievance procedure" in the second sentence, inserted "if required" thereafter, and added "or by any individual the board may permit at its discretion" following "staff employees" at the end of the fourth sentence.

Subsection (k): In the third sentence, inserted "upon agreement with the unit representative" preceding "avail", deleted "before the board" following "proceedings" and substituted "established by the unit representative" for "equal to one-year's membership dues" following "fee".

Subsection ( l ): Repealed.

Amendments--1975. Subsection (e): Substituted "a majority vote cast by those employees voting" for "at least a fifty-one per cent affirmative vote of all employees within such proposed bargaining unit" following "must be" at the end of the second sentence.

Subdivision (g)(1): Substituted "majority of the votes cast" for "fifty-one per cent affirmative vote of all the employees in the bargaining unit" following "less than a" at the end of the third sentence.

Subdivision (g)(2): Substituted "a majority of the votes cast" for "at least a fifty-one per cent affirmative vote of all employees in the bargaining unit" following "receive".

Subsection (h): Substituted "a majority of the votes cast" for "at least fifty-one per cent of the state employees in a collective bargaining unit" following "bargaining by" in the first sentence.

Amendments--1973 (Adj. Sess.). Subdivision (c)(1): Amended generally.

Subdivision (c)(2): Repealed.

Subdivision (d)(1): Added the second sentence.

Subsection (i): Added the fourth sentence.

Amendments--1971 (Adj. Sess.). Subsection (b): Amended generally.

Subsection (i): Deleted "if required" following "procedure" in the second sentence and rewrote the third sentence.

Subsection (j): Amended generally.

ANNOTATIONS

Analysis

1. Unit determination.

Vermont Labor Relations Board properly determined that the petitioned-for bargaining unit, which would combine part-time distance-learning program (DLP) faculty into the existing part-time faculty bargaining unit, was inappropriate when it found that the two groups did not share a community of interests because there were student differences, courses designed and implemented in a substantially different manner, separate hiring and supervision, different compensation considerations, and no evident interaction among the DLP faculty exclusively teaching online courses and the members of the part-time faculty unit. In re Vt. State Colleges Faculty Fedn., AFT Local 3180, - Vt. - , 216 A.3d 1259 (Aug. 2, 2019).

Where the labor relations board found, and the record disclosed, a substantial community of interest among members of the police services department of a university, the department was properly certified as a bargaining unit. Chauffeurs, Teamsters, Warehousemen, Helpers Union Local 597 v. University of Vermont, 167 Vt. 564, 702 A.2d 75 (mem.) (1997).

A collective bargaining unit approved by the labor relations board need not be the most appropriate unit, only an appropriate unit. In re VSEA, Inc., 143 Vt. 636, 471 A.2d 230 (1983).

Over fragmentation is only one of several criteria which the labor relations board must consider in determining the appropriateness of a bargaining unit, and a decision in that regard falls within its particular field of expertise. In re Liquor Control Department Non-supervisory Employees, 135 Vt. 623, 383 A.2d 612 (1978).

Labor relations board may not alter the constitution of a bargaining unit after a representative has been elected. In re Liquor Control Department Non-supervisory Employees, 135 Vt. 623, 383 A.2d 612 (1978).

2. Participation in proceedings.

Reading subsection (k) of this section, allowing an employee to seek the assistance of his collective bargaining unit in any grievance proceeding, to apply to all grievances except those of the informal nature contemplated by subsection (j), proposed item for collective bargaining, whereby when a grievance proceeding is held the Vermont state employees' association, whether or not representing the aggrieved employee, would be notified and would have the right to participate as a party in interest and submit an oral or written opinion regarding the complaint, would not be in conflict with subsection (k). 1970-72 Op. Atty. Gen. 373.

Proposed item for collective bargaining, whereby when a grievance proceeding is held the Vermont state employees' association, whether or not representing the aggrieved employee, would be notified and would have the right to participate as a party in interest and submit an oral or written opinion regarding the complaint, conflicts with subsection (j) of this section, which gives the employee the right to an informal grievance procedure without the intervention of the bargaining representative. 1970-72 Op. Atty. Gen. 373.

Cited. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 152 Vt. 343, 566 A.2d 955 (1989).

§ 942. Election conduct.

Any interested person may file with the Board a charge that employees eligible to vote in an election under this chapter have been coerced or restrained in the exercise of this right. The Board shall investigate and conduct hearings into the validity of the charge. If, upon the basis of its findings, the Board concludes that employees eligible to vote in the election were so coerced or restrained, the Board may set aside such election and order another election under the provisions of this subchapter. No election shall be set aside unless the Board finds such coercion or restraint.

Added 1969, No. 113 , § 1.

Subchapter 4. Unfair Labor Practices

§ 961. Employers.

It shall be an unfair labor practice for an employer:

  1. to interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by section 903 of this title, or by any other law, rule, or regulation;
  2. to dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it; provided that an employer shall not be prohibited from permitting employees to confer with the employer during working hours without loss of time or pay;
  3. by discrimination in regard to hire and tenure of employment or any term or condition of employment to encourage or discourage membership in any employee organization;
  4. to discharge or otherwise discriminate against an employee because the employee has filed charges or complaints or given testimony under this chapter;
  5. to refuse to bargain collectively with representatives of the employees subject to the provisions of subchapter 3 of this chapter;
  6. to discriminate against an employee on account of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, or national origin;
  7. to request or require an applicant, prospective employee or employee to have an HIV-related blood test as a condition of employment;
  8. to discriminate against an applicant, prospective employee or employee on the basis of a person's having a positive test result from an HIV-related blood test.

    Added 1969, No. 113 , § 1; amended 1987, No. 176 (Adj. Sess.), § 3; 1991, No. 135 (Adj. Sess.), § 2; 1999, No. 19 , § 1; 2007, No. 41 , § 2.

History

Amendments--2007. Subdivision (6): Inserted "gender identity" following "sexual orientation".

Amendments--1999. Subdivision (2): Substituted "the employer" for "him" following "confer with".

Subdivision (4): Substituted "the employee" for "he" preceding "has filed charges".

Subdivision (5): Substituted "the" for "his" preceding "employees".

Subdivision (6): Inserted "religion, age, disability" following "creed".

Amendments--1991 (Adj. Sess.). Subdivision (6): Inserted "sexual orientation" following "sex".

Amendments--1987 (Adj. Sess.). Subdivision (7): Added.

Subdivision (8): Added.

ANNOTATIONS

Analysis

1. Collective bargaining.

Where provision of collective bargaining agreement governing state college faculty workload was ambiguous, labor relations board order requiring college to rescind workload guidelines which had been unilaterally issued by college president and negotiate any proposed changes regarding faculty workload was within the board's discretion. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 149 Vt. 546, 547 A.2d 1340 (1988).

2. Violation found.

Memorandum issued to employees by the Department of Corrections did not merely restate existing standards, but set new disciplinary standards by prohibiting conduct not previously prohibited by the collective bargaining agreement and work rules, and by attaching likely disciplinary outcomes to both new and existing prohibited conduct; additionally, the memorandum unilaterally defined and broadened the circumstances under which employees could expect progressive discipline to be bypassed. Thus, the Labor Relations Board properly found that the Department had committed an unfair labor practice by interfering with employee rights and breaching its duty to bargain in good faith. Vt. State Employees Ass'n v. State, 185 Vt. 363, 971 A.2d 641 (2009).

3. Duty to bargain.

Department of Corrections has the right to advise employees of the disciplinary standards that already exist in the collective bargaining agreement and work rules, or that some conduct already merits summary dismissal under those standards. But when the Department wishes to notify employees of disciplinary standards different from or more specific than those already contained in the collective bargaining agreement and work rules, it must fulfill its statutory obligation to bargain over the changes. Vt. State Employees Ass'n v. State, 185 Vt. 363, 971 A.2d 641 (2009).

Cited. Vermont State Employees Association v. State, 134 Vt. 195, 357 A.2d 125 (1976); Nzomo v. Vermont State Colleges, 136 Vt. 97, 385 A.2d 1099 (1978); Vermont State Colleges Faculty Federation v. Vermont State Colleges, 138 Vt. 451, 418 A.2d 34 (1980); Hackel v. Vermont State Colleges, 140 Vt. 446, 438 A.2d 1119 (1981); In re Harrison, 141 Vt. 215, 446 A.2d 366 (1982); In re Friel, 141 Vt. 505, 450 A.2d 1111 (1982); Vermont State Employees' Ass'n v. State, 151 Vt. 492, 562 A.2d 1054 (1989).

§ 962. Employees.

It shall be an unfair labor practice for an employee organization or its agents:

  1. To restrain or coerce employees in the exercise of the rights guaranteed to them by law, rule, or regulation.  However, this subdivision shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein, provided such rules are not discriminatory.
  2. To restrain or coerce an employer in the selection of his or her representatives for the purposes of collective bargaining or adjustments of grievances.
  3. To cause or attempt to cause an employer to discriminate against an employee in violation of section 961 of this title or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his or her failure to tender the periodic dues and the initiation fees uniformly required as a condition for acquiring or retaining membership.
  4. To refuse to bargain collectively with an employer, provided it is the representative of his or her employees subject to the provisions of subchapter 3 of this chapter.
  5. To engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of his or her employment to use, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any authorized functions.
  6. To threaten, coerce, or restrain any person where in either case an object thereof is:
    1. Forcing or requiring any State employee to join any employee organization or to enter into any agreement that is prohibited by the provisions of this chapter.
    2. Forcing or requiring any employer or employee to cease using, handling, transporting, or otherwise dealing in the products of a producer, processor, or manufacturer, or to cease doing business with any other person, in the course of regular State business, or forcing, or requiring the employer to recognize or bargain with an employee organization as the representative of his or her employees unless such employee organization has been certified as the representative of such employees under the provisions of subchapter 3 of this chapter.
    3. Forcing or requiring the employer to recognize or bargain with a particular employee organization as the representative of his or her employees if another employee organization has been certified as the representative of those employees under subchapter 3 of this chapter.
    4. Forcing or requiring the employer to assign particular work to employees in a particular position class or employee organization rather than to employees in another position class or employee organization unless such employer is failing to conform to an order of certification of the Board determining the bargaining representative for employees performing that work.
  7. To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value in the nature of an exaction, for services that are not performed or not to be performed or that are not needed or required by the employer.
  8. To picket or cause to be picketed, or threaten to picket or cause to be picketed, the employer where an object thereof is forcing or requiring the employer to recognize or bargain with an employee organization as the representative of his or her employees, or forcing or requiring the employees of an employer to accept or select the employee organization as their collective bargaining representative.
  9. To engage in activities unlawful under section 903 of this title.
  10. To charge a collective bargaining service fee unless such employee organization has established and maintained a procedure to provide nonmembers with:
    1. an audited financial statement that identifies the major categories of expenses, and divides them into chargeable and nonchargeable expenses;
    2. an opportunity to object to the amount of the collective bargaining service fee sought, any amount reasonably in dispute to be placed in escrow;
    3. prompt arbitration by the Board to resolve any objection over the amount of the collective bargaining service fee.

      Added 1969, No. 113 , § 1; amended 1977, No. 109 , § 11, eff. July 3, 1977; 1993, No. 227 (Adj. Sess.), § 31; 2013, No. 37 , § 5; 2017, No. 74 , § 4.

History

Amendments--2017. Subdivs. (10) and (10)(C): Inserted "service" following "bargaining".

Subdiv. (10)(B): Substituted "collective bargaining service" for "agency" preceding "fee sought".

Amendments--2013. Subdivision (a)(10): Deleted "negotiated pursuant to section 904 of this title" following "a collective bargaining fee".

Amendments--1993 (Adj. Sess.). Subdivision (10): Added.

Amendments--1977. Subdivisions (6)(A), (D): Deleted "state" preceding "employee organization" wherever it appeared.

ANNOTATIONS

Cited. Vermont State Employees Association v. State, 134 Vt. 195, 357 A.2d 125 (1976); In re Whitney, 168 Vt. 209, 719 A.2d 875 (1998).

§ 963. Membership; employees' rights.

An employee organization entering into an agreement shall not:

  1. discriminate against a person seeking or holding membership therein on account of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, or national origin;
  2. penalize a member for exercising a right guaranteed by the Constitution or laws of the United States or the State of Vermont;
  3. cause or attempt to cause the discharge from employment of employees who refuse membership therein because of religious beliefs.

    Added 1969, No. 113 , § 1; amended 1991 No. 135 (Adj. Sess.), § 3; 1999, No. 19 , § 2; 2007, No. 41 , § 3.

History

Amendments--2007. Subdivision (1): Inserted "gender identity" following "sexual orientation".

Amendments--1999. Subdivision (1): Inserted "religion, age, disability" following "creed".

Amendments--1991 (Adj. Sess.). Subdivision (1): Inserted "sexual orientation" following "sex".

§ 964. Business and products of other employers.

It shall be an unfair labor practice for any employee organization and any employer to enter into any contract or agreement, express or implied, whereby the employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in any of the products of any other person, or to cease doing business with any other person, and any contract or agreement entered into before or after enactment of this chapter containing such an agreement shall be to that extent unenforceable and void.

Added 1969, No. 113 , § 1.

§ 965. Prevention of unfair practices.

  1. The Board may prevent any person from engaging in any unfair labor practice listed in sections 961-962 of this title. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges in that respect and containing a notice of hearing before the Board at a place and time therein fixed at least seven days after the complaint is served.  The Board may amend the complaint at any time before it issues an order based thereon.  No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of his or her discharge.
  2. The person complained of shall have the right to file an answer to the original or amended complaint and appear in person or otherwise and present evidence in connection therewith at the time and place fixed in the complaint.  In the discretion of the Board, any other person may be permitted to intervene and present evidence in the matter.  Any proceeding under this section shall, so far as practicable, be conducted in accordance with Rules of Evidence used in the courts.  The Board shall provide for the making of a transcript of the testimony presented at the hearing.
  3. The Board shall have power to administer oaths and take testimony under oath relative to the matter of inquiry.  At any hearing ordered by the Board, the Board shall have the power to subpoena witnesses and to demand the production of books, papers, records, and documents for its examination. Officers who serve subpoenas issued by the Board and witnesses attending hearings conducted by the Board shall receive fees and compensation at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court, to be paid on vouchers of the Board.
  4. If upon the preponderance of the evidence, the Board finds that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, it shall state its finding of fact in writing and shall issue and cause to be served on that person an order requiring him or her to cease and desist from the unfair labor practice, and to take such affirmative action as will carry out the policies of this chapter.  If upon the preponderance of the evidence the Board does not find that the person named in the complaint has engaged in or is engaging in any unfair labor practice, it shall state its findings of fact in writing and dismiss the complaint.
  5. In determining whether a complaint shall issue alleging a violation of subdivision 961(1) or (2) of this title, and in deciding those cases, the same regulations and rules of decision shall apply irrespective of whether or not an employee organization affected is affiliated with an employee organization national or international in scope.
  6. No order of the Board shall require the reinstatement of any individual as an employee who has been suspended or discharged or the payment to him or her of any back pay, if such individual was suspended or discharged for cause, except through the grievance procedures.

    Added 1969, No. 113 , § 1; amended 2009, No. 154 (Adj. Sess.), § 238.

History

Amendments--2009 (Adj. Sess.) Subsection (c): Pursuant to the general amendment in Act 154, § 238(b), substituted "criminal division of the superior court" for "district court".

ANNOTATIONS

Analysis

1. Orders.

The Labor Relations Board has authority under 3 V.S.A. § 965(d) to issue cease and desist orders when it finds that a party has committed an unfair labor practice and to take such affirmative action as will carry out the labor relations policies of the state and to effectuate its statutory purpose; the Board must stand by its own powers to remedy unlawful practices. VSEA v. State, 161 Vt. 600, 643 A.2d 231 (mem.) (1993).

Where provision of collective bargaining agreement governing state college faculty workload was ambiguous, labor relations board order requiring college to rescind workload guidelines which had been unilaterally issued by college president and negotiate any proposed changes regarding faculty workload was within the board's discretion. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 149 Vt. 546, 547 A.2d 1340 (1988).

2. Discretionary jurisdiction.

When the Labor Relations Board's jurisdiction is clearly discretionary, it is not arbitrary or capricious for the Board to allocate limited resources to those cases it considers deserves them. VSEA v. State, 161 Vt. 600, 643 A.2d 231 (mem.) (1993).

Cited. Vermont State Employees Association v. State, 134 Vt. 195, 357 A.2d 125 (1976); Vermont State Colleges Faculty Federation v. Vermont State Colleges, 138 Vt. 451, 418 A.2d 34 (1980).

§ 966. Freedom of expression.

The expressing of any views, argument or opinion, or the dissemination thereof, whether in written, printed, graphic, oral or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit.

Added 1969, No. 113 , § 1.

Subchapter 4A. Whistleblower Protection

§ 971. Intent of subchapter.

A State employee, as a trustee and servant of the people, shall be free to report, in good faith and with candor, waste, fraud, abuse of authority, violations of law, or a threat to the health of employees, the public, or persons under the care of the State without fear of reprisal, intimidation, or retaliation.

Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.

§ 972. Definitions.

As used in this subchapter:

  1. "Department head" means a secretary of an agency, commissioner of a department, director of an office, or any other appointing authority in charge of an agency of State government.
  2. "Illegal order" means a directive to violate, or to assist in violating, a federal, State, or local law.
  3. "Public body" means:
    1. a department head or employee specifically designated or assigned to receive a complaint that constitutes protected activity under this chapter;
    2. a board or commission of State government;
    3. the Vermont State Auditor;
    4. a State or federal agency that oversees the activities of a State agency;
    5. a law enforcement officer as defined in 20 V.S.A. § 2358(d)(1) ;
    6. a federal or State court, grand jury, petit jury, law enforcement agency, or prosecutorial office;
    7. the General Assembly or the U.S. Congress; or
    8. an officer or employee of an entity listed in this subdivision (3) when acting within the scope of his or her duties.
  4. "Retaliatory action" includes any adverse performance or disciplinary action, including discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance warning period, or involuntary transfer or reassignment that is given in retaliation for the State employee's involvement in a protected activity, as set forth in section 973 of this title.
  5. "State employee" means an individual employed on a permanent or limited status basis by the State of Vermont.

    Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008; amended 2013, No. 141 (Adj. Sess.), § 13, eff. July 1, 2015.

History

Amendments--2013 (Adj. Sess.). Subdivision (3)(E): Substituted " § 2358(d)(1)" for " § 2358(c)(1)" following "20 V.S.A.".

§ 973. Protected activity.

  1. A State agency, department, appointing authority, official, or employee shall not engage in retaliatory action against a State employee because the State employee refuses to comply with an illegal order or engages in any of the following:
    1. Providing to a public body a good faith report or good faith testimony that alleges an entity of State government, a State employee or official, or a person providing services to the State under contract has engaged in a violation of law or in waste, fraud, abuse of authority, or a threat to the health of employees, the public, or persons under the care of the State.
    2. Assisting or participating in a proceeding to enforce the provisions of this subchapter.
  2. No State agency, department, appointing authority, official, or employee shall attempt to restrict or interfere with, in any manner, a State employee's ability to engage in any of the protected activity described in subsection (a) of this section.
  3. No State agency, department, appointing authority, or manager shall require any State employee to discuss or disclose his or her testimony, or intended testimony, prior to an employee's appearance to testify before the general assembly if he or she is not testifying on behalf of an entity of State government.
  4. No employee may divulge information that is confidential under State or federal law. An act by which an employee divulges such information shall not be considered protected activity under this section.
  5. In order to establish a claim of retaliation based upon the refusal to follow an illegal order, the employee shall assert at the time of the refusal his or her good faith and reasonable belief that the order is illegal.

    Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.

§ 974. Communication with General Assembly.

  1. No entity of State government may prohibit a State employee from engaging in discussion with a member of the General Assembly or from testifying before a legislative committee; provided, however, that an employee may not divulge confidential information, and an employee shall be clear that he or she is not speaking on behalf of an entity of State government.
  2. No State employee shall be subject to discipline, discharge, discrimination, or other adverse employment action as a result of the employee providing information to a legislator or legislative committee; provided, however, that the employee does not divulge confidential information, and that the employee is clear that he or she is not speaking on behalf of any entity of State government. The protections set forth in this subchapter shall not apply to statements that constitute hate speech or threats of violence against a person.
  3. In the event that an appearance before a Committee of the General Assembly will cause an employee to miss work, he or she shall request to be absent from work and shall provide as much notice as is reasonably possible. The request shall be granted unless there is good cause to deny the request. If a request is denied, the decision and reasons for the denial shall be in writing and shall be provided to the employee in advance of the scheduled appearance. The protections set forth in this section are subject to the efficient operation of State government, which shall prevail in any instance of conflict.

    Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.

§ 975. Enforcement and preemption.

  1. Nothing in this subchapter shall be deemed to diminish the rights, privileges, or remedies of a State employee under other federal or State law or under any collective bargaining agreement or employment contract, except the limitation on multiple actions as set forth in this section.
  2. A State employee who files a claim of retaliation for protected activity with the Vermont Labor Relations Board or through binding arbitration under a grievance procedure or similar process available to the employee may not bring such a claim in Superior Court.
  3. A State employee who files a claim under this subchapter in Superior Court may not bring a claim of retaliation for protected activity under a grievance procedure or similar process available to the employee.

    Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008; amended 2015, No. 35 , § 5, eff. May 26, 2015.

History

Amendments--2015. Subsection (b): Substituted "Labor Relations Board or through binding arbitration under a grievance procedure or similar process available to the employee" for "labor relations board" in the first sentence.

§ 976. Remedies.

A State employee who brings a claim in Superior Court may be awarded the following remedies:

  1. reinstatement of the employee to the same position, seniority, and work location held prior to the retaliatory action;
  2. back pay, lost wages, benefits, and other remuneration;
  3. in the event of a showing of a willful, intentional, and egregious violation of this subchapter, an amount up to the amount of back pay in addition to the actual back pay;
  4. other compensatory damages;
  5. interest on back pay;
  6. appropriate injunctive relief; and
  7. reasonable costs and attorney's fees.

    Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.

§ 977. Posting.

Every State agency and department shall distribute a copy of this law by August 1, 2008, and shall post and display notices of State employee protection under this subchapter in a prominent and accessible location in the workplace.

Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.

§ 978. Limitations of actions.

An action alleging a violation of this subchapter brought under a grievance procedure or similar process shall be brought within the period allowed by that process or procedure. An action brought in Superior Court shall be brought within 180 days of the date of the alleged retaliatory action.

Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.

Subchapter 5. Agreements; Generally

§ 981. Good faith; failure to agree.

For the purpose of this chapter to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to all matters bargainable under the provisions of this chapter; but the failure or refusal of either party to agree to a proposal, or to change or withdraw a lawful proposal, or to make a concession shall not constitute, or be evidence direct or indirect, of a breach of this obligation.

Added 1969, No. 113 , § 1.

ANNOTATIONS

Cited. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 138 Vt. 451, 418 A.2d 34 (1980); Vermont State Colleges Faculty Federation v. Vermont State Colleges, 141 Vt. 138, 446 A.2d 347 (1982).

§ 982. Agreements; limitations, renegotiation, and renewal.

  1. Collective bargaining agreements, except those affecting the Vermont State Colleges and the University of Vermont, shall be for a maximum term of two years and shall not be subject to cancellation or renegotiation during the term except with the mutual consent in writing of both parties, which consent shall be filed with the Board.  Upon the filing of such consent, an agreement may be supplemented, cancelled, or renegotiated.
  2. Nothing in this chapter shall be construed to require either party during collective bargaining to accede to any proposal or proposals of the other party.
    1. Except in the case of the Vermont State Colleges or the University of Vermont, agreements between the State and certified bargaining units that are not arrived at under the provisions of subsection 925(i) of this title shall, after ratification by the appropriate unit memberships, be submitted to the Governor who shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year. (c) (1)  Except in the case of the Vermont State Colleges or the University of Vermont, agreements between the State and certified bargaining units that are not arrived at under the provisions of subsection 925(i) of this title shall, after ratification by the appropriate unit memberships, be submitted to the Governor who shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.
      1. Agreements between the Department of State's Attorneys and Sheriffs and the certified bargaining units that are not arrived at under the provisions of subsection 925(i) of this title shall, after ratification by the appropriate unit memberships, be submitted to the Governor and the General Assembly. (2) (A) Agreements between the Department of State's Attorneys and Sheriffs and the certified bargaining units that are not arrived at under the provisions of subsection 925(i) of this title shall, after ratification by the appropriate unit memberships, be submitted to the Governor and the General Assembly.
      2. The Executive Director of the Department of State's Attorneys and Sheriffs shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.
  3. When the parties are unable to reach agreement on a collective bargaining agreement, and the Vermont Labor Relations Board recommends an agreement in accordance with subsection 925(k) of this title, the Board shall determine the cost of the agreement selected and request the General Assembly to appropriate the amount determined to be necessary to implement the selected agreement. If the General Assembly chooses to appropriate sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates less than the amount requested, the terms of the agreement affected by the lesser appropriation shall be renegotiated based on the amount of the funds actually appropriated, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.
  4. No portions of any agreement shall become effective separately except with mutual consent of both parties.
  5. Such an agreement shall terminate at the expiration of its specified term. Negotiations for a new agreement to take effect upon the expiration of the preceding agreement shall be commenced at any time within one year next preceding the expiration date upon the request of either party and may be commenced at any time previous thereto with the consent of both parties.
  6. In the event the State of Vermont, the Department of State's Attorneys and Sheriffs, the University of Vermont, and the Vermont State Colleges as employer and the collective bargaining unit are unable to arrive at an agreement and there is not an existing agreement in effect, the existing contract shall remain in force until a new contract is ratified by the parties. However, nothing in this subsection shall prohibit the parties from agreeing to a modification of certain provisions of the existing contract which, as amended, shall remain in effect until a new contract is ratified by the parties.
  7. The Board is authorized to enforce compliance with all provisions of a collective bargaining agreement upon complaint of either party. In the event a complaint is made by either party to an agreement, the Board shall proceed in the manner prescribed in section 965 of this title relating to the prevention of unfair labor practices.

    Added 1969, No. 113 , § 1; amended 1971, No. 193 (Adj. Sess.), § 12, eff. April 3, 1972; 1977, No. 109 , § 12, eff. July 3, 1977; 1979, No. 141 (Adj. Sess.),§§ 21, 22; 1981, No. 249 (Adj. Sess.), § 4, eff. July 4, 1982; 1987, No. 177 (Adj. Sess.), § 5; 2005, No. 194 (Adj. Sess.), § 3; 2011, No. 22 , § 2; 2017, No. 81 , § 9, eff. June 15, 2017.

History

Amendments--2017. Subsec. (c): Added the subdiv. (1) designation and added subdiv (2).

Subsec. (g): Inserted ", the Department of State's Attorneys and Sheriffs" following "State of Vermont" in the first sentence.

Amendments--2011. Subsection (d): Added the subsection and redesignated former subsections (d)-(g) as present subsections (e)-(h).

Amendments--2005 (Adj. Sess.). Subsection (f): Amended generally.

Amendments--1987 (Adj. Sess.). Subsection (a): Inserted "and the University of Vermont" following "state colleges" in the first sentence.

Subsection (c): Added "except in the case of the Vermont state colleges or the University of Vermont" preceding "agreements between" in the first sentence.

Subsection (f): Inserted "state of Vermont and the Vermont state colleges" preceding "employer and the collective" in the first sentence.

Amendments--1981 (Adj. Sess.). Subsection (e): Deleted the third sentence.

Amendments--1979 (Adj. Sess.). Subsection (a): Inserted "maximum" preceding "term of two years" in the first sentence.

Subsection (e): Inserted "a maximum" preceding "two years" in the third sentence.

Amendments--1977. Amended section generally.

Amendments--1971 (Adj. Sess.). Subsection (c): Deleted "or to submit to binding arbitration without their consent in writing" following "other party".

Limitation on inclusion in section of employees of state colleges or the University of Vermont as state employees. 1987, No. 177 (Adj. Sess.), § 6, provides: "The inclusion of employees of the Vermont State Colleges or the University of Vermont within this Act [which amended this section and sections 901, 902, 905 and 925 of this title] shall not be construed to mean that the employees of the Vermont State Colleges or the University of Vermont are state employees for any other purpose".

Nonmembers of bargaining unit. 1987, No. 121 , § 23, provided: "The secretary of administration may extend the provisions of the collective bargaining agreement as necessary or appropriate to other state employees who are not members of any bargaining unit".

ANNOTATIONS

Analysis

1. Cancellation of agreement.

Trustees of Vermont state colleges could not rescind grant of final authority for promotion and tenure conferred upon college presidents in collective bargaining agreement since the granting of such a collective bargaining agreement, during its lifetime, is not subject to cancellation without the mutual consent in writing of both parties and may not be unilaterally altered. Hackel v. Vermont State Colleges, 140 Vt. 446, 438 A.2d 1119 (1981).

2. Interim arrangements.

When a collective bargaining agreement expires before a new agreement is reached, labor relations board lacks jurisdiction to make interim rules governing employment arrangements. Vermont State Employees Association v. State, 134 Vt. 195, 357 A.2d 125 (1976).

3. Authority of Labor Relations Board.

In excluding certain admissions by a grievant on the ground that the State had violated a provision of the collective bargaining agreement requiring that the grievant be notified of his right to have a union representative present, the Labor Relations Board did not adopt the exclusionary rule or the fruit-of-the-poisonous-tree doctrine, but rather analogized to those principles in considering the appropriate remedy in the case, taking into account the nature of the violation and the policy concerns underlying the violated provision. In so doing, the Board did not act beyond the scope of its authority. In re Grievance of Rosenberger, 185 Vt. 343, 970 A.2d 1257 (2009).

Cited. Vermont State Colleges Faculty Federation v. Vermont State Colleges, 139 Vt. 329, 428 A.2d 1110 (1981); Vermont State Colleges Faculty Federation v. Vermont State Colleges, 141 Vt. 138, 446 A.2d 347 (1982).

Subchapter 6. Miscellaneous Provisions

§ 1001. Grievances; applicants and excluded personnel.

  1. Persons who are applicants for State employment in the classified service and classified employees in their initial probationary period and any extension or extensions thereof may appeal to the State Labor Relations Board if they believe themselves discriminated against on account of their race, color, creed, religion, disability, sex, sexual orientation, gender identity, age, or national origin.
  2. Permanent classified employees excluded from bargaining units shall be deemed to have the right of appeal in the same manner and to the same extent as those employees represented by a bargaining representative except that they may not be represented by a bargaining representative.
  3. Any dispute concerning the amount of a collective bargaining service fee may be grieved as set forth in the collective bargaining agreement through either an appeal to the Vermont Labor Relations Board in accordance with the Board's rules concerning grievances, or through binding arbitration.

    Added 1969, No. 113 , § 1; amended 1971, No. 193 (Adj. Sess.), § 13, eff. April 3, 1972; 1991, No. 135 (Adj. Sess.), § 4; 1993, No. 227 (Adj. Sess.), § 32; 1999, No. 19 , § 3; 2007, No. 41 , § 4; 2015, No. 35 , § 6, eff. May 26, 2015.

History

Amendments--2015. Subsection (c): Amended generally.

Amendments--2007. Subsection (a): Inserted "gender identity" following "sexual orientation".

Amendments--1999. Subsection (a): Inserted "religion, disability" following "creed".

Amendments--1993 (Adj. Sess.). Subsection (c): Added.

Amendments--1991 (Adj. Sess.). Subsection (a): Inserted "sexual orientation" following "sex".

Amendments--1971 (Adj. Sess.). Amended section generally.

ANNOTATIONS

Analysis

1. Hostile work environment.

In a sex discrimination grievance filed by a female police officer, the findings were sufficient to support the Labor Relations Board's ultimate conclusion that grievant faced a hostile work environment. While not a case of outright and blatant discrimination based on gender, hostile environment cases seldom are. They are based upon the accretion of seemingly small incidents - of being criticized more harshly, scrutinized more closely, ridiculed for lack of aggression, or diminished for one's appearance, that in the aggregate create an environment of hostility and discrimination. In re Butler, 166 Vt. 423, 697 A.2d 659 (1997).

2. Disparate treatment.

In a sex discrimination grievance filed by a female police officer, the Labor Relations Board's disparate treatment analysis was not flawed by the alleged comparison of grievant's conduct to persons and conduct that were not similarly situated, as the test is whether a prudent person, looking objectively at the incidents in question, would think them "roughly equivalent." In re Butler, 166 Vt. 423, 697 A.2d 659 (1997).

Cited. Vermont State Employees' Ass'n v. State, 151 Vt. 492, 562 A.2d 1054 (1989).

Law review commentaries

Law review. For note, "The Vermont Labor Relations Board's role in Grievance Proceedings: Let's Make this Process Work," see 12 Vt. L. Rev. 429 (1987).

§ 1002. Enforcement.

  1. Orders of the Board or an arbitrator issued under this chapter may be enforced by any party or by the Board by filing a petition with the Superior Court in Washington County or the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party as provided for service of process under the Vermont Rules of Civil Procedure. If, after hearing, the Court determines that the Board or arbitrator had jurisdiction over the matter and that a timely appeal was not filed, or that an appeal was timely filed and a stay of the Board or arbitrator's order or any part of it was not granted, or that a Board order was affirmed on appeal in pertinent part by the Supreme Court or that an arbitrator's order was affirmed on appeal in pertinent part by the Superior Court, the Court shall incorporate the order of the Board or arbitrator as a judgment of the Court. There is no appeal from that judgment except that a judgment reversing a decision by the Board or an arbitrator on jurisdiction may be appealed to the Supreme Court.
  2. Upon filing of a petition by a party or the Board, the Court may grant such temporary relief, including a restraining order, as it deems proper pending formal hearing.
  3. Orders and decisions of the Board shall apply only to the particular case under appeal, but any number of appeals presenting similar issues may be consolidated for hearing with the consent of the Board.  Any number of employees who are aggrieved by the same action of the employer may join in an appeal with the consent of the Board.  The Board shall not modify, add to, or detract from a collective bargaining agreement or the merit system principles by any order or decision.

    Added 1969, No. 113 , § 1; amended 1971, No. 185 (Adj. Sess.), § 3, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 14, eff. April 3, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1987, No. 196 (Adj. Sess.), § 1, eff. May 13, 1988; 1989, No. 25 , § 1; 2015, No. 35 , § 7, eff. May 26, 2015.

History

Amendments--2015. Subsection (a): Amended generally.

Amendments--1989. Subsection (a): Inserted "or that an appeal was timely filed and a stay of the board order or any part of it was not granted, or that a board order was affirmed on appeal in pertinent part by the supreme court" preceding "the court shall incorporate" in the third sentence.

Amendments--1987 (Adj. Sess.). Rewrote subsec. (a), inserted "a party or" following "petition by" in subsec. (b), deleted former subsec. (c), and redesignated former subsec. (d) as present subsec. (c).

Amendments--1973 (Adj. Sess.). Subsection (a): Substituted "superior" for "county" preceding "court" at the end of the first sentence.

Amendments--1971 (Adj. Sess.). Act No. 185 amended section generally.

Act No. 193 amended section generally.

Cross References

Cross references. Service of process, see Rule 4, Vermont Rules of Civil Procedure.

ANNOTATIONS

Cited. Vermont State Employees Association v. State, 134 Vt. 195, 357 A.2d 125 (1976).

§ 1003. Judicial review; stay pending appeal.

  1. Any person aggrieved by an order or decision of the Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court.
  2. An order of the Board shall not automatically be stayed pending appeal.  A stay must first be requested from the Board.  The Board may stay the order or any part of it.  If the Board denies a stay, then a stay may be requested from the Supreme Court. The Supreme Court or a single justice may stay the order or any part of it and may order additional interim relief.

    Added 1969, No. 113 , § 1; amended 1971, No. 185 (Adj. Sess.), § 4, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 15, eff. April 3, 1972; 1987, No. 196 (Adj. Sess.), § 2, eff. May 13, 1988.

History

Amendments--1987 (Adj. Sess.). Added "stay pending appeal" following "review" in the section catchline, designated the existing provisions of the section as subsec. (a), and added subsec. (b).

Amendments--1971 (Adj. Sess.). Act No. 185 deleted "under sections 2382 et seq. of Title 12" following "supreme court".

Act No. 193 deleted "labor relations board or the personnel" following "decision of the".

ANNOTATIONS

Analysis

1. Applicability.

Trial court properly dismissed, for lack of subject matter jurisdiction, party's complaint brought under V.R.C.P. 75 because party could have appealed directly to supreme court under 3 V.S.A. § 1003 from Vermont Labor Relations Board's ruling accepting labor union's petition for election and certification. Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994).

2. Construction with other laws.

By consolidating Labor Relations Board's (LRB) powers and duties in State Employees Labor Relations Act (SELRA), legislature intended to extend right of appeal provided in 3 V.S.A. § 1003 to all proceedings administered by the LRB, including proceedings set forth in State Labor Relations Act (SLRA) and Municipal Employees Relations Act (MERA). Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board, 162 Vt. 571, 649 A.2d 784 (1994).

Cited. Vermont State Employees Association v. State, 134 Vt. 195, 357 A.2d 125 (1976); In re Brooks, 135 Vt. 563, 382 A.2d 204 (1977); Firefighters of Brattleboro v. Brattleboro Fire Department, 138 Vt. 347, 415 A.2d 243 (1980); In re Goddard, 142 Vt. 437, 457 A.2d 637 (1983); In re Local 1201, AFSCME, 143 Vt. 512, 469 A.2d 1176 (1983); In re VSEA, Inc., 143 Vt. 636, 471 A.2d 230 (1983); Roy v. Verchereau, 619 F. Supp. 1323 (D. Vt. 1985); Choudhary v. Vermont, Dep't of Pub. Serv., 817 F. Supp. 428 (D. Vt. 1993), aff'd, 9 F.3d 1538 (2d Cir.), cert. denied, 511 U.S. 1133, 114 S. Ct. 2148, 128 L. Ed. 2d 875 (1994).

§ 1004. State Police.

The provisions of this chapter shall apply to the State Police in the Department of Public Safety except for matters of discipline, disciplinary action, transfer, or suspension and those items specifically covered by statute.

Added 1969, No. 113 , § 1; amended 1971, No. 193 (Adj. Sess.), § 16, eff. April 3, 1972; 1977, No. 109 , § 13, eff. July 3, 1977.

History

Amendments--1977. Deleted "uniformed" preceding "state police" and "including any plan of compensation" preceding "specifically".

Amendments--1971 (Adj. Sess.). Amended section generally.

ANNOTATIONS

1. Construction with other law.

This section does not preclude the jurisdiction of the labor relations board over a grievance brought by an officer against the commissioner of public safety, because, when read in context, 20 V.S.A. § 1880, governing department of public safety disciplinary actions and the board's review thereof necessitates a finding that the board is bestowed with authority to determine whether charges are proved or not proved, as well as authority to review the actions of the commissioner challenged in the grievance to determine if they comport with collective bargaining provisions prohibiting discriminatory or disparate treatment. In re Grievance of Danforth, 174 Vt. 231, 812 A.2d 845 (2002).

§ 1004a. Repealed. 2005, No. 112 (Adj. Sess.), § 2 , eff. March 1, 2011.

History

Former § 1004a. Former § 1004a, relating to the committee for critical incidents and post-traumatic stress disorder, was derived from 2005, No. 112 (Adj. Sess.), § 1.

§ 1005. Administrative procedure laws; application.

Laws of this State relating to administrative procedure including chapter 25 of this title are not applicable to the Labor Relations Board except as set forth in this chapter.

Added 1969, No. 113 , § 1.

ANNOTATIONS

Cited. Vermont State Employees Association v. State, 134 Vt. 195, 357 A.2d 125 (1976).

§ 1006. Short title.

This chapter may be cited as "State Employee Labor Relations Act."

Added 1969, No. 113 , § 1.

§ 1007. Separability.

If any provision of this chapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this chapter, or the application of that provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

Added 1969, No. 113 , § 1.

§ 1008. Contract ratification; annual vote.

Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement.

Added 2013, No. 37 , § 5a.

CHAPTER 28. JUDICIARY EMPLOYEES LABOR RELATIONS ACT

History

Effective date of certain 2013 amendments. Pursuant to 2013, No. 37 , § 20, that act shall take effect June 30, 2013 and apply to employees covered by this chapter on the date following the expiration date stated in any collective bargaining agreement then in effect. If no collective bargaining agreement is in effect on June 30, 2013, the act shall take effect on June 30, 2013, and apply to employees covered by this chapter on July 1, 2013.

Subchapter 1. General Provisions

§ 1010. Purpose.

It is the purpose and policy of this chapter to recognize the right of employees of the Judiciary Department to join a labor organization of their own choosing and to be represented by that organization in collective bargaining for terms and conditions of their employment.

Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1011. Definitions.

As used in this chapter:

  1. "Agreement," means a written agreement resulting from collective bargaining negotiation and covers the terms, tenure, and conditions of employment.
  2. "Board," means the State Labor Relations Board established pursuant to section 921 of this title.
  3. "Collective bargaining," means the process of negotiating terms, tenure, or conditions of employment between the Judiciary Department and representatives of the employees with the intent to arrive at a written agreement.
  4. "Collective bargaining service fee," means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, and that fee is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee. A collective bargaining service fee shall not exceed 85 percent of the amount payable as dues by members of the employee organization; shall be deducted in the same manner as dues are deducted from the salary or wages of members of the employee organization; and shall be used to defray the costs of chargeable activities.
  5. "Collective bargaining unit," means the employees of an employer and may be either all the employees or a unit or units determined by the Board to be appropriate to represent the interests of employees.
  6. "Complaint," means an informal expression made by the employees or a group of employees to the immediate supervisor about dissatisfaction with any aspect of employment or working conditions under a collective bargaining agreement.
  7. "Confidential employee," means an employee, as determined by the Board, who has responsibility, knowledge, or access to information relating to collective bargaining, personnel administration, or budgetary matters that is incompatible with that employee's membership in or representation by an employee organization.
  8. "Employee," means any individual employed and compensated on a permanent or limited status basis by the Judiciary Department, including permanent part-time employees and any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of an unfair labor practice. "Employee" does not include any of the following:
    1. a Justice, judge, assistant judge, magistrate, or hearing officer;
    2. the Court Administrator;
    3. a managerial, supervisory, or confidential employee;
    4. a law clerk, attorney, or administrative assistant or private secretary to a judge, Justice, or Court Administrator;
    5. an individual employed on a temporary, contractual, seasonal, or on-call basis, including an intern;
    6. an employee during the initial or extended probationary period;
    7. the head of a department or division;
    8. [Repealed.]
    9. an attorney for the Supreme Court, for the Court Administrator, or for any board or commission created by the Supreme Court;
    10. an employee paid by the State who is appointed part-time as county clerk pursuant to 4 V.S.A. § 651 or 691;
    11. an employee who, after hearing by the Board upon petition of any individual, the employer, or a collective bargaining unit, is determined to be in a position that is sufficiently inconsistent with the spirit and intent of this chapter to warrant exclusion.
  9. "Employee organization," means an organization of any kind in which employees participate and that exists for the purpose of representing its members, if certified by the Board as an exclusive representative for the purposes of collective bargaining.
  10. "Employer," means the Judiciary Department, represented by the Supreme Court or the Supreme Court's designee.
  11. "Grievance," means a written notice from an employee or a group of employees covered by an agreement or the employee's representative about dissatisfaction with any aspect of employment or working conditions covered by a collective bargaining agreement or about the discriminatory application of a rule or regulation, and the dissatisfaction has not been satisfactorily resolved after informal discussion with immediate supervisors.
  12. "Labor dispute," means any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of individuals in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants are employer and employee.
  13. "Managerial employee," means an individual, as determined by the Board, who functions as the head of a department, institution, district operation, or a major program or division or section.
  14. "Person," means an individual, the State of Vermont, an employee organization, partnership, corporation, a legal representative, trustee, or any other natural or legal entity whatsoever.
  15. "Representative," means an individual or employee organization certified by the Board to represent employees in collective bargaining or grievance proceedings.
  16. "Strike," means any concerted work stoppage by employees, including concerted slowdowns, interference, or interruption of operations or services. "Strike" also includes boycotts, refusal to use any products or services, or refusal to work or cooperate with any person by employees in the course of employment when properly directed to do so by the employer or supervisor or superior.
  17. "Supervisory employee," means an employee, as determined by the Board, who has authority from the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or who has the responsibility for directing employees or adjusting employee grievances or effectively recommending such action, provided the exercise of authority is not merely routine or clerical, but requires independent judgment.

    Added 1997, No. 92 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 42a; 2011, No. 1 , § 2, eff. Feb. 2, 2011; 2013, No. 37 , § 6.

History

Amendments--2013. Substituted "as used in" for "For purposes of" in the introductory paragraph, and substituted "of chargeable activities" for "incurred by the employee organization in fulfilling its duty to represent the employees in their employment relations with the employer" at the end of subdiv. (4).

Amendments--2011. Subdivision (8)(H): Repealed.

Amendments--2009 (Adj. Sess.) Subdivision (8)(J): Amended generally.

§ 1012. Employees' rights and duties; prohibited acts.

  1. Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through their chosen representatives; to engage in concerted activities of collective bargaining or other mutual aid or protection; to refrain from any or all those activities, except as provided in subsections (b) and (c) of this section; and to appeal grievances as provided in this chapter.
  2. An employee may not strike or recognize a picket line of an employee organization while performing the employee's official duties.
  3. An employee who exercises the right not to join the employee organization representing the employee's certified unit pursuant to section 1021 of this title shall pay a collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.
  4. The employer and employees and the employee's representative shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 1013 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees.
  5. Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee's wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction.

    Added 1997, No. 92 (Adj. Sess.), § 9; amended 2013, No. 37 , § 7; 2019, No. 180 (Adj. Sess.), § 5, eff. Jan. 1, 2021.

History

Amendments--2019 (Adj. Sess.). Subsec. (e): Added.

Amendments--2013. Subsection (a): Substituted "subsections (b) and (c)" for "subsection (b)".

Subsection (b): Substituted "An employee may not" for "No employee may".

Subsection (c): Added.

Subsection (d): Redesignated from former subdiv. (c).

§ 1013. Subjects for bargaining.

All matters relating to the relationship between the employer and employees are subject to collective bargaining, to the extent those matters are not prescribed or controlled by law, including:

  1. wages, salaries, benefits, and reimbursement practices relating to necessary expenses and the limits of reimbursable expenses;
  2. minimum hours per week;
  3. working conditions;
  4. overtime compensation and related matters;
  5. leave compensation and related matters;
  6. reduction-in-force procedures;
  7. grievance procedures;
  8. terms of coverage and amount of employee financial participation in insurance programs;
  9. rules for personnel administration of employees provided the rules are not discriminatory in regard to an applicant's race, color, creed, sex, sexual orientation, gender identity, age, national origin, religion, or disability;
  10. the manner in which to enforce an employee's obligation to pay the collective bargaining service fee.

    Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41 , § 5; 2013, No. 37 , § 8.

History

Amendments--2013. Subdivision (a)(10): Substituted "The manner in which to enforce an employee's obligation to pay the collective bargaining service fee" for "A collective bargaining service fee".

Amendments--2007. Subdivision (9): Inserted "gender identity" following "sexual orientation".

§ 1014. Management rights.

  1. The employer shall be responsible for insuring consistency of the terms and conditions in various agreements throughout the Judiciary Department and shall not agree to any terms or conditions for which adequate funds are not available.
  2. Subject to rights guaranteed by this chapter and other applicable laws, nothing in this chapter shall be construed to interfere with the right of the employer to:
    1. carry out its statutory mandate and goals and to utilize personnel, methods and means in the most appropriate manner;
    2. take necessary action to carry out its mission in an emergency situation.
  3. The employer shall take any action necessary to implement and administer the provisions of a legally binding agreement between the employer and an employee organization.
  4. The Agency of Administration shall provide to the Supreme Court, on request, any information that it possesses or can reasonably produce that it uses to prepare for or conduct collective bargaining negotiations. The Agency shall also provide any services it provides to Executive and legislative agencies or departments related to the processing of the State's payroll and the administration of benefits. In the event the bargaining agreement contains provisions that require the Agency of Administration or the Judiciary Department to expend more than what is typically budgeted for administration and maintenance of the payroll or benefit administration system, the Court Administrator shall request the funding at the time the agreement is submitted to the General Assembly for approval under subsection (c) of section 1036 of this title.

    Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1015. Designation of managerial, supervisory, and confidential employees.

The employer shall determine the designation of employees as managerial, supervisory, or confidential. Any disputes arising from this determination shall be resolved by the Board.

Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1016. Obligation to bargain.

The employer and representative of the employees shall bargain collectively, which for the purposes of this chapter means performing the mutual obligation to meet at reasonable times and confer in good faith with respect to all matters bargainable under the provisions of this chapter. The failure or refusal of either party to agree to a proposal; to change or withdraw a lawful proposal; or to make a concession shall not constitute, or be direct or indirect evidence of, a breach of this obligation.

Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1017. Grievance procedures; binding arbitration.

  1. The employer and the representative of the employees shall negotiate a procedure for resolving complaints and grievances. Unless otherwise agreed to by the parties, the Board shall hear and make final determination on a grievance. A grievance hearing shall be conducted in accordance to the rules of the Board.
  2. A collective bargaining agreement may provide for binding arbitration as the final step of a grievance procedure. An agreement that includes a binding arbitration provision shall also include the procedure for conducting the grievance arbitration proceedings and the following provisions:
    1. The parties shall mutually agree on an arbitrator from a list of arbitrators provided by the American Arbitration Association. An arbitrator chosen or appointed under this section shall have no authority to add to, subtract from, or modify the collective bargaining agreement.
    2. An acknowledgment of arbitration that provides substantially the following:

      (The parties) understand that this agreement contains an agreement that the final step of the grievance process shall be binding arbitration. After the effective date of this agreement no grievance may be brought to the Vermont Labor Relations Board and no lawsuit concerning any grievance may be brought, unless it involves a question of constitutional or civil rights.

  3. This section shall not apply to labor interest arbitration, which for the purposes of this chapter means the method of concluding labor negotiations by means of a disinterested person to determine the terms of a labor agreement.
  4. A party may apply to the arbitrator for a modification of an award if the application is made within 30 days after delivery of a copy of an award to the applicant. An arbitrator may modify an award only if the arbitrator finds any one of the following:
    1. There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award.
    2. The award was based on a matter not submitted to the arbitrator, and the award may be corrected without affecting the merits of the decision on the issues submitted.
    3. The award is imperfect in form and the award may be corrected without affecting the merits of the controversy.
  5. A party may apply to the Superior Court for review of the award provided the application is made within 30 days after delivery of a copy of the award to the applicant or, in case of a claim of corruption, fraud, or other undue means, the application is made within 30 days after those grounds are known or should have been known. The Superior Court shall vacate an arbitration award based on any of the following:
    1. The award was procured by corruption, fraud, or other undue means.
    2. There was partiality or prejudicial misconduct by the arbitrator.
    3. The arbitrator exceeded his or her power or rendered an award requiring a person to commit an act or engage in conduct prohibited by law.
    4. There is an absence of substantial evidence on the record as a whole to support the award.

      Added 1997, No. 92 (Adj. Sess.), § 9.

ACKNOWLEDGMENT OF ARBITRATION.

§ 1018. Mediation; fact-finding; last best offer.

  1. If after a reasonable period of negotiation, the representative of a collective bargaining unit and the employer reach an impasse, the Board, upon petition of either party, may authorize the parties to submit their differences to mediation. Within five days after receipt of the petition, the Board shall appoint a mediator who shall communicate with the parties and attempt to mediate an amicable settlement. A mediator shall be of high standing and in no way actively connected with labor or management.
  2. If, after a minimum of 15 days after the appointment of a mediator the impasse is not resolved, the mediator shall certify to the Board that the impasse continues.
  3. Upon the request of either party, the Board shall appoint a fact finder who has been mutually agreed upon by the parties. If the parties fail to agree on a fact finder within five days, the Board shall appoint a fact finder who shall be a person of high standing and not actively connected with labor or management. A member of the Board or any individual who has actively participated in mediation proceedings for which fact-finding has been called, shall not be eligible to serve as a factfinder under this section, unless agreed upon by the parties.
  4. The fact finder shall conduct hearings pursuant to rules of the Board. Upon request of either party or of the fact finder, the Board may issue subpoenas of persons and documents for the hearings and the fact finder may require that testimony be given under oath and may administer oaths.
  5. Nothing in this section shall prohibit the fact finder from mediating the dispute at any time prior to issuing recommendations.
  6. The fact finder shall consider, if applicable to the issues, the following factors in making a recommendation:
    1. wage and salary schedules and employee benefits to the extent they are inconsistent with prevailing rates, both within State government as a whole and for comparable work in commerce or industry within the State;
    2. work schedules relating to assigned hours and days of the week as they relate to the employee's needs and the general public's requirement for continual service;
    3. general working conditions as those conditions compare with generally accepted safety standards and conditions prevailing in commerce and industry within the State and within State government.
  7. Upon completion of the hearings, the fact finder shall file written findings and recommendations with both parties.
  8. The costs of witnesses and other expenses incurred by either party in fact-finding proceedings shall be paid directly by the parties incurring them, and the costs and expenses of the fact finder shall be paid equally by the parties. The fact finder shall be paid a rate mutually agreed upon by the parties for each day or any part of a day while performing fact-finding duties and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of his or her duties. A statement of fact-finding per diem and expenses shall be certified by the fact finder and submitted to the Board for approval. The Board shall provide a copy of approved fact-finding costs to each party with its order apportioning half of the total to each party for payment. Each party shall pay its half of the total within 15 days after receipt of the order. Approval by the Board of fact-finding and the fact finder's costs and expenses and its order for payment shall be final as to the parties.
  9. If the dispute remains unresolved 15 days after transmittal of findings and recommendations, each party shall submit to the Board its last best offer on all disputed issues as a single package. Each party's last best offer shall be certified to the Board by the fact finder. The Board may hold hearings and consider the recommendations of the fact finder. Within 30 days of the certifications the Board shall select between the last best offers of the parties, considered in their entirety without amendment and shall determine its cost. The Board shall not issue an order under this subsection that is in conflict with any law or rule or that relates to an issue that is not bargainable. The decision of the Board shall be final and binding on the parties.

    Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1019. Mediation-arbitration.

  1. Notwithstanding section 1018 of this title or any other law, the parties may agree in advance to a mediation and arbitration procedure.
  2. The parties may jointly select a mediator. If they are unable to agree, either party may petition the Board to appoint a mediator who shall be a person of high standing and in no way actively connected with labor or management. The mediator may not be a person who has served as a mediator at an earlier stage of the same proceedings.
  3. The mediator shall encourage the parties to reach a voluntary settlement of the dispute, but may, after a reasonable period of mediation, as determined by the mediator, certify to the Board that the impasse continues and end mediation efforts.
  4. If the impasse remains unresolved for 15 days after the mediator's certification to the Board, either party may petition the Board to appoint an arbitrator who has been mutually agreed upon by the parties. If the parties fail to agree on an arbitrator within five days, the Board shall appoint an arbitrator who shall be a person of high standing and not actively connected with labor or management.
  5. A hearing before an arbitrator shall be informal and the Rules of Evidence for judicial proceedings shall not be binding. The arbitrator may consider any relevant evidence. The arbitrator may administer oaths and may issue subpoenas to persons and documents and other evidence relating to the issues presented.
  6. In reaching a decision, the arbitrator shall consider the factors in subsection 1018(f) of this title.
  7. The arbitrator shall submit a report, including its costs, to the parties and to the Board no later than 30 days after the termination of the hearing, unless the time is extended by agreement of both parties. The determination by the arbitrator on all issues shall be final and binding on the parties and shall not be appealable to the Board or to any other judicial or administrative quasi-judicial challenge, except as follows:
    1. A party may request the arbitrator to modify an award if the request is made within 30 days after delivery of the award to the applicant. An arbitrator may modify an award if the arbitrator finds one of the following:
      1. There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award.
      2. The award was based on a matter not submitted and the award may be corrected without affecting the merits of the decision upon the issues submitted.
      3. The award is imperfect in a matter of form that does not affect the merits of the controversy.
    2. Notwithstanding any law to the contrary, upon application of a party, a Superior Court shall vacate an arbitration award based on one of the following:
      1. The award was procured by corruption, fraud, or other undue means.
      2. There was evident partiality or prejudicial misconduct by the arbitrator.
      3. The arbitrator exceeded his or her power or rendered an award requiring a person to commit an act or engage in conduct prohibited by law.
      4. There is insufficient evidence on the record to support the award.
    3. An application to the Superior Court for review pursuant to subdivision (2) of this subsection shall be made within 30 days after delivery of a copy of the award to the applicant, except that in case of a claim of corruption, fraud or other undue means, in which case the petition shall be made within 30 days after such grounds are known or should have been known.

      Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1020. Reports arbitration; costs.

  1. The results of all arbitration proceedings, recommendations, and awards conducted under this chapter shall be filed with the Board simultaneously with submission of the decisions to the parties.
  2. The costs of any mediation, fact-finding, or arbitration conducted pursuant to this chapter, including per diem expenses and actual and necessary costs for travel, subsistence, or hiring premises in which proceedings were conducted shall be shared equally by the parties. All other costs shall be paid by the party incurring them.

    Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1021. Unit determination; certification.

  1. The Board shall determine issues of unit determination, certification, and representation in accordance with this chapter and the provisions of section 941 of this title. The Board shall decide the appropriate unit for collective bargaining in each case and the employees to be included in that unit to assure the employees the fullest freedom in exercising the rights guaranteed by this chapter.
  2. In determining whether a unit is appropriate, the extent to which the employees have organized is not controlling. The Board shall not recognize a unit if, after investigation and hearing, the Board determines that the employees do not constitute a unit appropriate for collective bargaining or if recognition of that unit will result in over-fragmentation of collective bargaining units.
  3. If an interested person files with the Board a charge alleging that employees eligible to vote in an election under this chapter were coerced or restrained in the exercise of that right, the Board shall investigate and conduct hearings into the validity of the charge. If the Board concludes that employees were coerced or restrained, the Board may set aside the election and order another election pursuant to this chapter.

    Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1022. Access to new employees in bargaining unit.

  1. An employer shall provide the employee organization that is the exclusive representative of the employees in a bargaining unit with an opportunity to meet with each newly hired employee in the bargaining unit to present information about the employee organization.
    1. The meeting shall occur during the new employee's orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired. (b) (1)  The meeting shall occur during the new employee's orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired.
    2. If the meeting is not held during the new employee's orientation, it shall be held during the new employee's regular work hours and at his or her regular worksite or a location mutually agreed to by the employer and the employee organization.
    3. The employee organization shall be permitted to meet with the employee for not less than 60 minutes.
    4. The employee shall be paid for attending the meeting at his or her regular rate of pay.
    1. Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information. (c) (1)  Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information.
    2. The employee's home address, personal e-mail address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
  2. The employer shall provide the employee organization with not less than 10 calendar days' notice of an orientation for newly hired employees in a bargaining unit.

    Added 2019, No. 180 (Adj. Sess.), § 11, eff. Jan. 1, 2021.

§ 1023. Annual list of employees in bargaining unit.

  1. Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.
  2. The list shall include, as appropriate, each employee's name, work location, job classification, and contact information. As used in this section, "contact information" includes an employee's home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.
  3. To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.
  4. The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.

    Added 2019, No. 180 (Adj. Sess.), § 15, eff. Jan. 1, 2021.

Subchapter 2. Unfair Labor Practices

§ 1026. Employers.

It shall be an unfair labor practice for an employer:

  1. to interfere with, restrain, or coerce employees in the exercise of rights guaranteed by section 1012 of this title or by any other law;
  2. to dominate or interfere with the formation or administration of an employee organization or contribute financial or other support to it. However, an employer may confer with employees during working hours without loss of time or pay;
  3. to discriminate in hiring or tenure of employment or in regard to any term or condition of employment to encourage or discourage membership in any employee organization;
  4. to discharge or otherwise discriminate against an employee because the employee filed a charge or complaint or gave testimony under this chapter;
  5. to refuse to bargain collectively with a representative of its employees;
  6. to discriminate against an employee on account of race, color, creed, sex, sexual orientation, gender identity, national origin, age, religion, or disability;
  7. to request or require an applicant, prospective employee, or employee to have an HIV-related blood test as a condition of employment;
  8. to discriminate against an applicant, prospective employee, or employee on the basis of a person's having a positive test result from an HIV-related blood test.

    Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41 , § 6.

History

Amendments--2007. Subdivision (6): Inserted "gender identity" following "sexual orientation".

Judiciary; cost of living increases 2001, No. 66 , § 11, provided: "Until such time as a collective bargaining agreement between the judiciary department and bargaining agent for the employees included in the bargaining unit created pursuant to the Judiciary Employees Labor Relations Act becomes effective, the court administrator shall have discretion to grant cost-of-living and longevity increases that do not exceed cost-of-living or longevity increases negotiated with employees of the executive branch. The exercise of that discretion to grant or withhold such increases shall not be considered an unfair labor practice under section 1026 of Title 3".

§ 1027. Employees.

It shall be an unfair labor practice for an employee organization or its agents:

  1. To restrain or coerce employees in the exercise of the rights guaranteed to them by law. This subdivision shall not limit the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership, provided the rules are not discriminatory.
  2. To restrain or coerce an employer in the selection of a representative for the purpose of collective bargaining or adjustments of grievances.
  3. To cause or attempt to cause an employer to discriminate against an employee in violation of section 1026 of this title or to discriminate against an employee whose membership in the employee organization has been denied or terminated on a ground other than the employee's failure to pay dues or the initiation fees required for membership.
  4. To refuse to bargain collectively with an employer, provided it is the exclusive bargaining representative of the employees.
  5. To engage in, induce, or encourage any individual employed by any person to engage in, a strike or a refusal in the course of employment to use, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform an authorized function.
  6. To threaten, coerce, or restrain any person by:
    1. Forcing or requiring any employee to join an employee organization or to enter into an agreement that is prohibited under this chapter.
    2. Forcing or requiring any employer or employee to cease using, handling, transporting, or otherwise dealing in the products of a producer, processor, or manufacturer, or to cease doing business with any other person, in the course of regular State business, or forcing or requiring the employer to recognize or bargain with an employee organization as the representative of the employees unless the employee organization has been certified as the representative of the employees under this chapter.
    3. Forcing or requiring the employer to recognize or bargain with an employee organization as the representative of the employees if another employee organization has been certified as the representative of the employees under this chapter.
    4. Forcing or requiring the employer to assign particular work to employees in a particular position, class, or employee organization rather than to employees in another position, class, or employee organization unless the employer is not conforming to an order of certification of the Board determining the bargaining representative for employees performing that work.
  7. To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value for services that are not performed or not to be performed or that are not needed or required by the employer.
  8. To picket or cause to be picketed, or threaten to picket or cause to be picketed, the employer in order to force or require the employer to recognize or bargain with an employee organization as the representative of its employees, or to force or require the employees of an employer to accept or select the employee organization as their collective bargaining representative.
  9. To engage in activities unlawful under section 1012 of this title.
  10. To charge a collective bargaining service fee unless the employee organization has established and maintained a procedure to provide nonmembers with all the following:
    1. an audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses;
    2. an opportunity to object to the amount of the fee requested and to place in escrow any amount reasonably in dispute;
    3. prompt arbitration by the Board to resolve any objection over the amount of the collective bargaining service fee.

      Added 1997, No. 92 (Adj. Sess.), § 9; amended 2013, No. 37 , § 9; 2017, No. 74 , § 5.

History

Amendments--2017. Subdivs. (10) and (10)(C): Inserted "service" following "bargaining".

Amendments--2013. Subdivision (a)(10): Deleted "negotiated" preceding "collective bargaining fee".

§ 1028. Membership; employee rights.

An employee organization entering into an agreement shall not:

  1. discriminate against a member or applicant for membership on account of race, color, creed, sex, sexual orientation, gender identity, national origin, age, religion, or disability;
  2. penalize a member for exercising a right guaranteed by the Constitution or laws of the United States or the State of Vermont.

    Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41 , § 7.

History

Amendments--2007. Subdivision (1): Inserted "gender identity" following "sexual orientation".

§ 1029. Business and products of other employers.

It shall be an unfair labor practice for any employee organization and any employer to enter into any contract or agreement, express or implied, whereby the employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in the products of any other person, or to cease doing business with any other person, and any contract or agreement entered into before or after enactment of this chapter containing such an agreement shall be to that extent unenforceable and void.

Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1030. Prevention of unfair practices.

  1. The Board may prevent any person from engaging in any unfair labor practice prohibited under this chapter. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges and containing a notice of hearing before the Board at a place and time that is at least seven days after the complaint is served. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and service of a copy on the person against whom the charge is made, unless the person aggrieved was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of discharge.
  2. The person complained against may file an answer to the complaint and appear and present evidence. The Board may permit any other person to intervene and present evidence in the matter. A proceeding under this section shall, so far as practicable, be conducted in accordance with Rules of Evidence. The Board shall make a transcript of the hearing in the event the decision of the Board is appealed.
  3. The Board may administer oaths, take testimony, subpoena witnesses, and demand production of documents. Officers who serve subpoenas issued by the Board and witnesses attending hearings shall be paid fees and compensation on vouchers of the Board at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court.
  4. If the Board finds, based on a preponderance of the evidence, that any person named in the complaint has engaged in or is engaging in any unfair labor practice, the Board shall issue an order and findings of fact, and cause to be served on that person an order requiring the person to cease and desist from the unfair labor practice and the Board shall take such affirmative action necessary to carry out the policies of this chapter. If the Board does not find that the person has engaged in any unfair labor practice, the Board shall issue written findings of fact and dismiss the complaint.
  5. In determining whether a complaint shall issue alleging a violation of subdivision 1026(1) or (2) of this title, and in deciding those cases, the same rules of the Board shall apply whether or not an employee organization is affiliated with a national or international employee organization.
  6. The Board shall not order reinstatement of any individual who has been suspended or discharged or award any back pay, if the individual was suspended or discharged for cause.

    Added 1997, No. 92 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 238.

History

Amendments--2009 (Adj. Sess.) Subsection (c): Pursuant to the general amendment in Act 154, § 238(b), substituted "criminal division of the superior court" for "district court".

§ 1031. Freedom of expression.

The expression of any views, argument, or opinion, or the dissemination of such an expression, in any form, shall not constitute or be evidence of an unfair labor practice under this chapter, provided the expression contains no threat of reprisal or force or promise of benefit.

Added 1997, No. 92 (Adj. Sess.), § 9.

Subchapter 3. Agreements; Generally

§ 1036. Agreements; limitations, renegotiation, and renewal.

  1. A collective bargaining agreement shall be for a maximum term of two years. The agreement may not be canceled, supplemented, or renegotiated during the term of the agreement, unless both parties consent in writing and file the written consent with the Board.
  2. Nothing in this chapter shall be construed to require either party during collective bargaining to accede to any proposal or proposals of the other party.
  3. An agreement between the employer and the employees' exclusive bargaining representative, after ratification or an agreement imposed on the parties pursuant to section 1018 or 1019 of this title shall be submitted to the Court Administrator who shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.
  4. No portion of any agreement shall become effective separately except with mutual consent of both parties.
  5. An agreement shall terminate at the expiration of its specified term. Upon request of either party, negotiations for a new agreement to take effect upon the expiration of the preceding agreement shall be commenced at any time during the year preceding the expiration date of the agreement. Negotiation may be commenced at any time before that time with the consent of both parties.
  6. In the event the employer and the employees' exclusive bargaining representative are unable to arrive at an agreement and there is no existing agreement in effect, the Court Administrator, with the approval of the Supreme Court may make temporary rules necessary to ensure the uninterrupted and efficient conduct of judicial business. The rules shall terminate and have no further force and effect after an agreement is reached, except for rights that arose under those rules.

    Added 1997, No. 92 (Adj. Sess.), § 9.

Subchapter 4. Miscellaneous Provisions

§ 1041. Grievances; applicants and excluded personnel.

  1. An applicant for employment in a position included in the bargaining unit and employees who are in the initial or extended probationary period may appeal to the Board if they believe they were discriminated against on account of race, color, creed, sex, sexual orientation, gender identity, age, national origin, religion, or disability.
  2. Grievance rights and personnel rules for permanent employees who are not included in bargaining units shall be established and governed by the Judiciary Department personnel policies as adopted under Administrative Order No. 3 of the Supreme Court.
  3. Any dispute concerning the amount of a collective bargaining service fee may be grieved to the Board in accordance with the rules of the Board.

    Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41 , § 8.

History

Amendments--2007. Subsection (a): Inserted "gender identity" following "sexual orientation".

§ 1042. Enforcement.

  1. Orders of the Board issued under this chapter may be enforced by any party or by the Board by filing a petition with the Washington Superior Court or the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party pursuant to the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the Board had jurisdiction over the matter and that a timely appeal was not filed, or that an appeal was timely filed and a stay of the Board order or any part of it was not granted, or that a Board order was affirmed on appeal in pertinent part by the Supreme Court, the court shall incorporate the order of the Board as a judgment of the court. There is no appeal from that judgment except that a judgment reversing a Board decision on jurisdictional grounds may be appealed to the Supreme Court.
  2. Upon filing of a petition by a party or the Board, the court may grant temporary relief that the court deems proper pending formal hearing.
  3. Orders and decisions of the Board shall apply only to the particular case under appeal, but appeals presenting similar issues may be consolidated for hearing with the consent of the Board. All employees who are aggrieved by the same action of the employer may join in an appeal with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement by any order or decision.
  4. An arbitration award issued pursuant to this chapter, including grievance arbitration and labor interest arbitration awards, may be enforced by any party by filing a petition with the Washington Superior Court or the Superior Court in the county in which the action originated. The petition shall be served on the adverse party pursuant to the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the arbitrator had jurisdiction over the matter and that an application for modification or petition to vacate an award was not filed, the court shall incorporate the order of the Board as a judgment of the court. There is no appeal from that judgment except that a judgment reversing an arbitration award on jurisdictional grounds may be appealed to the Supreme Court.

    Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1043. Judicial review; stay pending appeal.

  1. Any person aggrieved by an order or decision of the Board issued under this chapter, except a decision and order made pursuant to subsection 1018(i) of this title, may appeal questions of law to the Supreme Court.
  2. An order of the Board shall not automatically be stayed pending appeal. Upon request, the Board may stay the order or any part of it. If the Board denies a stay, a stay may be requested from the Supreme Court. The Supreme Court or a single justice may stay the order or any part of it and may order additional interim relief.

    Added 1997, No. 92 (Adj. Sess.), § 9.

§ 1044. Contract ratification; annual vote.

Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement.

Added 2013, No. 37 , § 9a.

CHAPTER 29. CLAIMS AGAINST STATE EMPLOYEES

Sec.

Cross References

Cross references. Liability insurance for state employees, see § 1406 of Title 29.

Tort claims against the state, see § 5601 et seq. of Title 12.

ANNOTATIONS

Analysis

1. Waiver of immunity.

The provisions of this chapter for defense and indemnification of state employees in certain civil and criminal actions arising out of activities of the employee undertaken in the performance of official duties do not constitute a waiver of immunity for purposes of the eleventh amendment of the United States Constitution, which bars federal court jurisdiction over claims for damages brought directly against the state. Ragosta v. State, 556 F. Supp. 220 (D. Vt. 1981), aff'd without op., 697 F.2d 296 (2d Cir. 1982).

2. Status of State.

Obligation of state to defend state employees sued for acts or omissions done in their official capacity does not make a case against a state employee into a suit against the state, since under this chapter the state does not assume direct liability for the acts of employees; rather its status is analogous to that of an insurer. Libercent v. Aldrich, 149 Vt. 76, 539 A.2d 981 (1987).

§ 1101. Obligation of State to defend employees; definition.

  1. In any civil action against a State employee for alleged damage, injury, loss, or deprivation of rights arising from an act or omission to act in the performance of the employee's official duties, it shall be the obligation of the State to defend the action on behalf of the employee and to provide legal representation for that purpose at State expense, except to the extent that such representation is provided by an insurance carrier, or except in an action resulting from the service of civil process.
  2. As used in this chapter, "State employee" includes any elective or appointive officer or employee within the Legislative, Executive, or Judicial Branch of State Government or any former such employee or officer. The term includes:
    1. sheriffs and State's Attorneys and their deputies and former sheriffs and State's Attorneys and their deputies;
    2. guardians ad litem;
    3. any member of the National Guard ordered into State service pursuant to 20 V.S.A. §§ 366 , 601, and 602 or section 163 or 164 of this title;
    4. any person who volunteers for a State agency by providing services at the request of that agency and under the direction and control of that agency, but who does not receive hourly or salary compensation;
    5. any person performing juvenile or adult diversion services under section 163 or 164 of this title;
    6. persons appointed to or employed by the Council of Regional Commissions;
    7. any person who volunteers for a State court by providing services at the request of that court and under the direction of that court, but who does not receive hourly or salary compensation;
    8. any representative or paid employee of the Vermont Higher Education Council while acting as the Vermont State postsecondary review entity in fulfillment of the requirements of the federal Reauthorization of Higher Education Act (P.L. 102-235 as amended);
    9. staff employed by the Center for Crime Victim Services and victim advocates;
    10. administrative reviewers whose services are contracted by the State pursuant to 33 V.S.A. § 4916a(f) .

      Added 1971, No. 190 (Adj. Sess.), § 1, eff. March 30, 1972; amended 1973, No. 223 (Adj. Sess.), § 15, eff. April 4, 1974; 1977, No. 233 (Adj. Sess.), § 1, eff. April 17, 1978; 1987, No. 222 (Adj. Sess.), § 4; 1989, No. 101 , § 1; 1989, No. 114 , § 6, eff. June 20, 1989; 1993, No. 5 , § 1; 1993, No. 144 (Adj. Sess.), § 2; 1999, No. 62 , § 272d; 1999, No. 138 (Adj. Sess.), § 4; 2015, No. 97 (Adj. Sess.), § 73; 2018, No. 11 (Sp. Sess.), § E.316.1.

History

Reference in text. The Higher Education Act, referred to in subdiv. (b)(8), is codified as 20 U.S.C. § 1001 et seq.

Amendments--2018 (Sp. Sess.). Subdiv. (b)(10): Added.

Amendments--2015. (Adj. Sess.). Subsec. (b): Substituted "As used in" for "For purposes of" in the first sentence, and deleted ", without limitation" following "The term includes" in the second sentence.

Subdiv. (b)(9): Substituted "Center for Crime Victim Services and victim advocates" for "center for crime victims and victims advocates".

Amendments--1999 (Adj. Sess.). Subdivision (b)(3): Substituted "sections 366, 601 and 602 of Title 20 or section 163 or 164 of this title" for "to section 601 of Title 20".

Amendments--1999 Subsection (b): Added subdiv. (9).

Amendments--1993 (Adj. Sess). Subdivision (b)(8): Added.

Amendments--1993. Subsection (b): Deleted "and" following "title" in subdiv. (5), made a minor change in punctuation in subdiv. (6) and added subdiv. (7).

Amendments--1989. Subsection (a): Act No. 114 inserted "in" preceding "an action resulting from", added "the service of civil process" thereafter and deleted subdivs. (1) and (2).

Subsection (b): Act No. 114 rewrote the former second and third sentences as the second sentence. Act No. 101 added the fourth sentence.

Amendments--1987 (Adj. Sess.). Subsection (b): At the end of the second sentence, added "and includes guardians ad litem".

Amendments--1977 (Adj. Sess.). Subsection (a): Amended generally.

Amendments--1973 (Adj. Sess.). Subsection (b): Amended generally.

Retroactive effective date--1979 amendment. 1979, No. 130 (Adj. Sess.), § 2, provided: "This act [set out as a note above] shall be construed to have been in effect from the date of appointment of the commission referred to in section 1 (July 24, 1979)".

Cross References

Cross references. Exclusion of inmates in correctional facilities from definition as "state employees", see § 757 of Title 28.

ANNOTATIONS

Analysis

1. Construction.

Private attorney who contracted with state defender general to represent indigent defendants at state's expense was not a state employee within meaning of statute, and he was thus amenable to civil malpractice liability. Reed v. Glynn, 168 Vt. 504, 724 A.2d 464 (1998).

Although 3 V.S.A. § 1101(b) does not specifically list public defenders or the defender general, executive and judicial branch employees are included within the definition of "state employee" and the statute uses the word "includes," which ordinarily signifies an intent to enlarge a statute's application, not to limit it. Bradshaw v. Joseph, 164 Vt. 154, 666 A.2d 1175 (1995).

The enumeration of positions under 3 V.S.A. § 1101(b) is "without limitation," indicating a clear intent to enlarge the categories of positions that fall within the definition of state employee. Bradshaw v. Joseph, 164 Vt. 154, 666 A.2d 1175 (1995).

County Sheriff's Department is not employee within plain meaning of statute requiring State to defend civil actions against state employees. McLaughlin v. State, 161 Vt. 492, 642 A.2d 683 (1994).

2. Impeachment.

The plain meaning of the terms "action" and "suit" does not encompass an impeachment proceeding, which is a constitutionally established procedure before the legislature, at most quasi-judicial in nature; the terms connote the demand of a right in a court of justice or some tribunal as a condition precedent to giving a court jurisdiction of the subject matter. Mayo v. State, 138 Vt. 419, 415 A.2d 1061 (1980).

3. Parties.

Statute requiring State to defend civil actions against state employees did not apply to sheriff not named in complaint and who did not seek intervention in suit. McLaughlin v. State, 161 Vt. 492, 642 A.2d 683 (1994).

Sheriff who was not named party in underlying complaint was not entitled to representation by State under statute requiring State to defend civil actions against state employees. McLaughlin v. State, 161 Vt. 492, 642 A.2d 683 (1994).

Cited. Hudson v. Town of East Montpelier, 161 Vt. 168, 638 A.2d 561 (1993).

§ 1102. Representation of employee: determination by Attorney General.

  1. A State employee against whom a civil action is brought for an alleged act or omission which the employee believes to have arisen within the scope of his or her official duties shall notify the Attorney General of the action.  Unless full legal representation of the employee's interest is provided under a contract of insurance, the Attorney General shall conduct an investigation and shall determine whether the alleged act or omission occurred within the scope of the employee's official duties.
  2. If the Attorney General determines that the alleged act or omission occurred within the scope of the employee's official duties, he or she shall defend the action on behalf of the employee, except as provided in subsection (e) of this section.
  3. If the Attorney General finds that the alleged act or omission did not occur within the scope of the employee's official duties, he or she shall so notify the employee in writing. The employee may appeal the determination of the Attorney General to the State Labor Relations Board in accordance with the rules of the Board, and the decision of the State Labor Relations Board shall be final.
  4. During the period of investigation set forth in subsection (a) of this section or an appeal as set forth in subsection (c) of this section, the Attorney General shall take all reasonable steps to protect the interests of the employee.
  5. In any case in which the State is obligated to provide legal representation for a State employee under this chapter, if the Attorney General finds that he or she cannot adequately represent the interest of the employee, he or she shall authorize the employee to retain legal counsel at State expense.  The terms under which private counsel is retained for a State employee at State expense under this section must be approved by the Attorney General.

    Added 1971, No. 190 (Adj. Sess.), § 1, eff. March 30, 1972; amended 1977, No. 233 (Adj. Sess.), § 2, eff. April 17, 1978.

History

Amendments--1977 (Adj. Sess.). Subsection (a): Substituted "a civil action" for "an action or suit" following "against whom" in the first sentence and "action" for "suit" at the end of that sentence.

Subsection (b): Substituted "action" for "suit" following "he shall defend the".

§ 1103. Repealed. 1989, No. 114, § 11(a)(2).

History

Former § 1103. Former § 1103, which was derived from 1971, No. 190 (Adj. Sess.), § 1; 1973, No. 206 (Adj. Sess.), § 2; 1977, No. 233 (Adj. Sess.), § 3, related to payment of judgments rendered against state employees and related appropriations.

Annotations From Former § 1103

Cited. Libercent v. Aldrich, 149 Vt. 76, 539 A.2d 981 (1987).

§ 1104. Criminal actions.

  1. Except as provided in subsection (c) of this section, in any criminal action brought against a State employee, the Defender General shall defend the State employee if the employee requests defense and if the Defender General finds that:
    1. The action does not constitute a motor vehicle violation.
    2. The action is brought on account of an act or omission within the scope of the employee's official duties as a State employee.  The State shall not otherwise be obligated to defend the employee.
  2. If the Defender General finds that he or she cannot adequately represent the employee, the Defender General shall authorize the employee to retain legal counsel at State expense.  The terms under which private counsel is retained for a State employee at State expense under this section shall be the same as those governing assigned counsel under 13 V.S.A. § 5272 and rules of the Supreme Court promulgated with respect thereto.
  3. Notwithstanding any other provision of this section, if a criminal action is brought against an employee of the Department of Corrections, the findings required to be made under subsection (a) of this section shall be made by the Commissioner of the Department of Human Resources.  If the Commissioner finds that the employee of the Department of Corrections is entitled to a defense, the employee shall have the choice of representation by the Defender General or counsel retained under the terms of subsection (b) of this section.

    Added 1977, No. 233 (Adj. Sess.), § 4, eff. April 17, 1978; amended 2003, No. 156 (Adj. Sess.), § 15.

History

Amendments--2003 (Adj. Sess.). Subsection (c): Substituted "department of human resources" for "department of personnel".

Cross References

Cross references. Supreme Court rules governing assignment of counsel and payment therefor, see Administrative Order No. 4, Administrative Orders of the Supreme Court.

CHAPTER 31. GOVERNMENTAL ETHICS

Subchapter 1. General Provisions

§ 1201. Definitions.

As used in this chapter:

  1. "Candidate" and "candidate's committee" shall have the same meanings as in 17 V.S.A. § 2901 .
  2. "Commission" means the State Ethics Commission established under subchapter 3 of this chapter.
  3. "Executive officer" means:
    1. a State officer; or
    2. under the Office of the Governor, an agency secretary or deputy or a department commissioner or deputy.
    1. "Gift" means anything of value, tangible or intangible, that is bestowed for less than adequate consideration. (4) (A) "Gift" means anything of value, tangible or intangible, that is bestowed for less than adequate consideration.
    2. "Gift" does not mean printed educational material such as books, reports, pamphlets, or periodicals.
  4. "Governmental conduct regulated by law" means conduct by an individual in regard to the operation of State government that is restricted or prohibited by law and includes:
    1. bribery pursuant to 13 V.S.A. § 1102 ;
    2. neglect of duty by public officers pursuant to 13 V.S.A. § 3006 and by members of boards and commissions pursuant to 13 V.S.A. § 3007 ;
    3. taking illegal fees pursuant to 13 V.S.A. § 3010 ;
    4. false claims against government pursuant to 13 V.S.A. § 3016 ;
    5. owning or being financially interested in an entity subject to a department's supervision pursuant to section 204 of this title;
    6. failing to devote time to duties of office pursuant to section 205 of this title;
    7. engaging in retaliatory action due to a State employee's involvement in a protected activity pursuant to chapter 27, subchapter 4A of this title;
    8. a former legislator or former Executive officer serving as a lobbyist pursuant to 2 V.S.A. § 266(b) ; and
    9. a former Executive officer serving as an advocate pursuant to section 267 of this title.
  5. "Lobbyist" shall have the same meaning as in 2 V.S.A. § 261 .
  6. "Political committee" and "political party" shall have the same meanings as in 17 V.S.A. § 2901 .
  7. "State officer" means the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General.

    Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

§ 1202. State Code of Ethics.

The Ethics Commission, in consultation with the Department of Human Resources, shall create and maintain the State Code of Ethics that sets forth general principles of governmental ethical conduct.

Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

Subchapter 2. Disclosures

§ 1211. Executive officers; biennial disclosure.

  1. Biennially, each Executive officer shall file with the State Ethics Commission a disclosure form that contains the following information in regard to the previous calendar year:
    1. Each source, but not amount, of personal income of the officer and of his or her spouse or domestic partner, and of the officer together with his or her spouse or domestic partner, that totals more than $5,000.00, including any of the sources meeting that total described as follows:
      1. employment, including the employer or business name and address and, if self-employed, a description of the nature of the self-employment without needing to disclose any individual clients; and
      2. investments, described generally as "investment income."
    2. Any board, commission, or other entity that is regulated by law or that receives funding from the State on which the officer served and the officer's position on that entity.
    3. Any company of which the officer or his or her spouse or domestic partner, or the officer together with his or her spouse or domestic partner, owned more than 10 percent.
    4. Any lease or contract with the State held or entered into by:
      1. the officer or his or her spouse or domestic partner; or
      2. a company of which the officer or his or her spouse or domestic partner, or the officer together with his or her spouse or domestic partner, owned more than 10 percent.
  2. In addition, if an Executive officer's spouse or domestic partner is a lobbyist, the officer shall disclose that fact and provide the name of his or her spouse or domestic partner and, if applicable, the name of his or her lobbying firm.
    1. An officer shall file his or her disclosure on or before January 15 of the odd-numbered year or, if he or she is appointed after January 15, within 10 days after that appointment. (c) (1)  An officer shall file his or her disclosure on or before January 15 of the odd-numbered year or, if he or she is appointed after January 15, within 10 days after that appointment.
    2. An officer who filed this disclosure form as a candidate in accordance with 17 V.S.A. § 2414 in the preceding year and whose disclosure information has not changed since that filing may update that filing to indicate that there has been no change.
  3. As used in this section:
    1. "Domestic partner" means an individual with whom the Executive officer has an enduring domestic relationship of a spousal nature, as long as the officer and the domestic partner:
      1. have shared a residence for at least six consecutive months;
      2. are at least 18 years of age;
      3. are not married to or considered a domestic partner of another individual;
      4. are not related by blood closer than would bar marriage under State law; and
      5. have agreed between themselves to be responsible for each other's welfare.
    2. "Lobbyist" and "lobbying firm" shall have the same meanings as in 2 V.S.A. § 261 .

      Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

§ 1212. Commission members and Executive Director; biennial disclosure.

  1. Biennially, each member of the Commission and the Executive Director of the Commission shall file with the Executive Director a disclosure form that contains the information that Executive officers are required to disclose under section 1211 of this subchapter.
  2. A member and the Executive Director shall file their disclosures on or before January 15 of the first year of their appointments or, if the member or Executive Director is appointed after January 15, within 10 days after that appointment, and shall file subsequent disclosures biennially thereafter.

    Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

§ 1213. Disclosures; generally.

  1. The Executive Director of the Commission shall prepare on behalf of the Commission any disclosure form required to be filed with it and the candidate disclosure form described in 17 V.S.A. § 2414 , and shall make those forms available on the Commission's website.
  2. The Executive Director shall post on the Commission's website a copy of any disclosure form the Commission receives.

    Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

Subchapter 3. State Ethics Commission

§ 1221. State Ethics Commission.

  1. Creation.  There is created within the Executive Branch an independent commission named the State Ethics Commission to accept, review, make referrals regarding, and track complaints of alleged violations of governmental conduct regulated by law, of the Department of Human Resources Code of Ethics, and of the State's campaign finance law set forth in 17 V.S.A. chapter 61; to provide ethics training; and to issue guidance and advisory opinions regarding ethical conduct.
  2. Membership.
    1. The Commission shall be composed of the following five members:
      1. one member appointed by the Chief Justice of the Supreme Court;
      2. one member appointed by the League of Women Voters of Vermont, who shall be a member of the League;
      3. one member appointed by the Board of Directors of the Vermont Society of Certified Public Accountants, who shall be a member of the Society;
      4. one member appointed by the Board of Managers of the Vermont Bar Association, who shall be a member of the Association; and
      5. one member appointed by the Board of Directors of the Vermont Human Resource Association, who shall be a member of the Association.
    2. The Commission shall elect the Chair of the Commission from among its membership.
    3. A member shall not:
      1. hold any office in the Legislative, Executive, or Judicial Branch of State government or otherwise be employed by the State;
      2. hold or enter into any lease or contract with the State, or have a controlling interest in a company that holds or enters into a lease or contract with the State;
      3. be a lobbyist;
      4. be a candidate for State or legislative office; or
      5. hold any office in a State or legislative office candidate's committee, a political committee, or a political party.
    4. A member may be removed for cause by the remaining members of the Commission in accordance with the Vermont Administrative Procedure Act.
      1. A member shall serve a term of three years and until a successor is appointed. A term shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term. Terms of members shall be staggered so that not all terms expire at the same time. (5) (A) A member shall serve a term of three years and until a successor is appointed. A term shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term. Terms of members shall be staggered so that not all terms expire at the same time.
      2. A vacancy created before the expiration of a term shall be filled in the same manner as the original appointment for the unexpired portion of the term.
      3. A member shall not serve more than two consecutive terms. A member appointed to fill a vacancy created before the expiration of a term shall not be deemed to have served a term for the purpose of this subdivision (C).
  3. Executive Director.
    1. The Commission shall be staffed by an Executive Director who shall be appointed by and serve at the pleasure of the Commission and who shall be a part-time exempt State employee.
    2. The Executive Director shall maintain the records of the Commission and shall provide administrative support as requested by the Commission, in addition to any other duties required by this chapter.
  4. Confidentiality.  The Commission and the Executive Director shall maintain the confidentiality required by this chapter.
  5. Meetings.  Meetings of the Commission:
    1. shall be held at least quarterly for the purpose of the Executive Director updating the Commission on his or her work;
    2. may be called by the Chair and shall be called upon the request of any other two Commission members; and
    3. shall be conducted in accordance with 1 V.S.A. § 172 .
  6. Reimbursement.  Each member of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 .

    Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

§ 1222. Commission member duties and prohibited conduct.

  1. Conflicts of interest.
    1. Prohibition; recusal.
      1. A Commission member shall not participate in any Commission matter in which he or she has a conflict of interest and shall recuse himself or herself from participation in that matter.
      2. The failure of a Commission member to recuse himself or herself as described in subdivision (A) of this subdivision (1) may be grounds for the Commission to discipline or remove that member.
    2. Disclosure of conflict of interest.
      1. A Commission member who has reason to believe he or she has a conflict of interest in a Commission matter shall disclose that he or she has that belief and disclose the nature of the conflict of interest. Alternatively, a Commission member may request that another Commission member recuse himself or herself from a Commission matter due to a conflict of interest.
      2. Once there has been a disclosure of a member's conflict of interest, members of the Commission shall be afforded the opportunity to ask questions or make comments about the situation to address the conflict.
      3. A Commission member may be prohibited from participating in a Commission matter by at least three other members of the Commission.
    3. Postrecusal or -prohibition procedure. A Commission member who has recused himself or herself or was prohibited from participating in a Commission matter shall not sit or deliberate with the Commission or otherwise act as a Commission member on that matter.
    4. Definition. As used in this subsection, "conflict of interest" means an interest of a member that is in conflict with the proper discharge of his or her official duties due to a significant personal or financial interest of the member, of a person within the member's immediate family, or of the member's business associate. "Conflict of interest" does not include any interest that is not greater than that of any other persons generally affected by the outcome of a matter.
  2. Gifts.  A Commission member shall not accept a gift given by virtue of his or her membership on the Commission.

    Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

§ 1223. Procedure for handling complaints.

  1. Accepting complaints.
    1. On behalf of the Commission, the Executive Director shall accept complaints from any source regarding governmental ethics in any of the three branches of State government or of the State's campaign finance law set forth in 17 V.S.A. chapter 61.
    2. Complaints shall be in writing and shall include the identity of the complainant.
  2. Preliminary review by Executive Director.  The Executive Director shall conduct a preliminary review of complaints made to the Commission in order to take action as set forth in this subsection, which shall include referring complaints to all relevant entities.
    1. Governmental conduct regulated by law.
      1. If the complaint alleges a violation of governmental conduct regulated by law, the Executive Director shall refer the complaint to the Attorney General or to the State's Attorney of jurisdiction, as appropriate.
      2. The Attorney General or State's Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (1) within 10 days of that decision.
    2. Department of Human Resources, Code of Ethics.
      1. If the complaint alleges a violation of the Department of Human Resources, Code of Ethics, the Executive Director shall refer the complaint to the Commissioner of Human Resources.
      2. The Commissioner shall report back to the Executive Director regarding the final disposition of a complaint referred under subdivision (A) of this subdivision (2) within 10 days of that final disposition.
    3. Campaign finance.
      1. If the complaint alleges a violation of campaign finance law, the Executive Director shall refer the complaint to the Attorney General or to the State's Attorney of jurisdiction, as appropriate.
      2. The Attorney General or State's Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (3) as set forth in 17 V.S.A. § 2904a .
    4. Legislative and Judicial Branches; attorneys.
      1. If the complaint is in regard to conduct committed by a State Senator, the Executive Director shall refer the complaint to the Senate Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.
      2. If the complaint is in regard to conduct committed by a State Representative, the Executive Director shall refer the complaint to the House Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.
      3. If the complaint is in regard to conduct committed by a judicial officer, the Executive Director shall refer the complaint to the Judicial Conduct Board and shall request a report back from the Board regarding the final disposition of the complaint.
      4. If the complaint is in regard to an attorney employed by the State, the Executive Director shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint.
      5. If any of the complaints described in subdivisions (A)-(D) of this subdivision (4) also allege that a crime has been committed, the Executive Director shall also refer the complaint to the Attorney General and the State's Attorney of jurisdiction.
    5. Closures. The Executive Director shall close any complaint that he or she does not refer as set forth in subdivisions (1)-(4) of this subsection.
  3. Confidentiality.  Complaints and related documents in the custody of the Commission shall be exempt from public inspection and copying under the Public Records Act and kept confidential.

    Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

§ 1224. Commission ethics training.

At least annually, in collaboration with the Department of Human Resources, the Commission shall make available to legislators, State officers, and State employees training on issues related to governmental ethics. The training shall include topics related to those covered in any guidance or advisory opinion issued under section 1225 of this subchapter.

Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

§ 1225. Executive Director guidance and advisory opinions.

  1. Guidance.
    1. The Executive Director may issue to an Executive officer or other State employee, upon his or her request, guidance regarding any provision of this chapter or any issue related to governmental ethics.
    2. The Executive Director may consult with members of the Commission and the Department of Human Resources in preparing this guidance.
    3. Guidance issued under this subsection shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential unless the receiving entity has publicly disclosed it.
  2. Advisory opinions.
    1. The Executive Director may issue advisory opinions that provide general advice or interpretation regarding this chapter or any issue related to governmental ethics.
    2. The Executive Director may consult with members of the Commission and the Department of Human Resources in preparing these advisory opinions.
    3. The Executive Director shall post on the Commission's website any advisory opinions that he or she issues.

      Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

§ 1226. Commission reports.

Annually, on or before January 15, the Commission shall report to the General Assembly regarding the following issues:

  1. Complaints.  The number and a summary of the complaints made to it, separating the complaints by topic, and the disposition of those complaints, including any prosecution, enforcement action, or dismissal. This summary of complaints shall not include any personal identifying information.
  2. Guidance.  The number and a summary of the guidance documents the Executive Director issued, separating the guidance by topic. This summary of guidance shall not include any personal identifying information.
  3. Recommendations.  Any recommendations for legislative action to address State governmental ethics or provisions of campaign finance law.

    Added 2017, No. 79 , § 7, eff. Jan. 1, 2018.

PART 2 Executive Reorganization

CHAPTER 41. REORGANIZATION BY GOVERNOR

Sec.

History

Legislative findings. 1969, No. 245 (Adj. Sess.), § 1, provided:

"(a) As the chief administrative officer of the state, the governor should be provided with the administrative facilities and the authority to carry out the functions of his office efficiently within the policy limits established by the legislature.

"(b) The administrative agencies which comprise the executive branch should be consolidated into a reasonable number of departments and agencies consistent with executive capacity to administer effectively at all levels.

"(c) The integration of the agencies in the executive branch should be on a functional basis, so that programs can be coordinated.

"(d) The organization of state government should assure its responsiveness to popular control. It is the goal of reorganization to improve legislative policy-making capability and to improve the administrative capability of the executive to carry out these policies.

"(e) The organization of state government should facilitate communication between citizens and government. It is the goal of reorganization through coordination of government programs and policies and to improve the relationship between citizens and administrative agencies.

"(f) The organization of state government shall assure efficient and effective administration of the policies established by the legislature. It is the goal of reorganization to promote efficiency by improving the management and coordination of state services and by eliminating overlapping activities".

§ 2001. Power of Governor.

The Governor may make such changes in the organization of the Executive Branch or in the assignment of functions among its units as he or she considers necessary for efficient administration.

1969, No. 245 (Adj. Sess.), § 2, eff. April 4, 1970.

ANNOTATIONS

Cited. In re Hood, 156 Vt. 412, 592 A.2d 907 (1991).

§ 2002. Executive Orders.

  1. The Governor may propose by Executive Order changes in the organization of the Executive Branch of government which are not consistent with or will supersede existing organization provided for by law. The Executive Order shall be submitted to both houses of the General Assembly.
  2. An Executive Order issued under this chapter shall be presented to the General Assembly not later than January 15th of the year in which the General Assembly sits. The Executive Order shall become effective unless disapproved by resolution of either House of the General Assembly within 90 days, or before final adjournment of that annual session, whichever comes first.
  3. Executive Orders which become effective under this chapter shall be printed with the session laws and published as an appendix to the Vermont Statutes Annotated.
    1. Notwithstanding subsections (a) and (b) of this section, the Governor may revise existing Executive Orders to use respectful language consistent with Vermont Statutes Annotated and the respectful language study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1. The authority pertains only to nonsubstantive revisions using respectful language and does not confer authority to make other changes. (d) (1)  Notwithstanding subsections (a) and (b) of this section, the Governor may revise existing Executive Orders to use respectful language consistent with Vermont Statutes Annotated and the respectful language study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1. The authority pertains only to nonsubstantive revisions using respectful language and does not confer authority to make other changes.
    2. All new executive orders proposed by the Governor shall use, to the fullest extent possible, respectful language consistent with the Vermont Statutes Annotated and the respectful language study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1, where appropriate.

      Added 1969, No. 245 (Adj. Sess.), §§ 3-5, eff. April 4, 1970; amended 2013, No. 96 (Adj. Sess.), § 7(a).

History

Amendments--2013 (Adj. Sess.). Subsection (d): Added.

Cross References

Cross references. Executive orders, see Title 3 Appendix.

ANNOTATIONS

1. Effective period.

Except as it may be limited in duration by its own terms, or because it has a transitory effect, an executive order continues in force and effect until revoked, rescinded or superseded, and there is no reason why it should terminate when the governor who issued it is succeeded by another governor, though the successor has the right to revoke or change it. 1972-74 Op. Atty. Gen. 166.

Cited. In re Hood, 156 Vt. 412, 592 A.2d 907 (1991).

§ 2003. Transfer of personnel and appropriations.

In effecting any change or modification in the organization of the Executive Branch by Executive Order, the following limitations and provisions shall apply:

  1. New agencies, departments, and divisions shall be staffed so far as possible by personnel from those agencies, departments, or divisions which are integrated in, consolidated with, or transferred to the new units or whose functions in whole or in part are transferred to those new units.  The Governor is authorized to make such transfers under the terms of this chapter.
  2. Upon the transfer of personnel or any function of any agency, department, or any division thereof, the Governor may transfer or reallocate in whole or in part, by executive order, the appropriations affected thereby to the unit of government to which the function or personnel were transferred consistent with the purpose for which the appropriations were made.

    1969, No. 245 (Adj. Sess.), § 6(1), (2), eff. April 4, 1970.

§ 2004. Terms of Governor's appointees.

Notwithstanding any other provision of law, all commissioners of State departments and all members of State boards and commissions appointed by the Governor, with the advice and consent of the Senate when this provision so applies, shall serve at the pleasure of the Governor until the end of the term, if any, for which they were appointed and until a successor has been appointed and qualified.

1969, No. 244 (Adj. Sess.), § 4, eff. April 4, 1970; amended 1991, No. 248 (Adj. Sess.), § 1, eff. June 9, 1992.

History

Amendments--1991 (Adj. Sess.). Amended section generally.

Applicability--1991 (Adj. Sess.). 1991, No. 248 (Adj. Sess.), § 2, eff. June 9, 1992, provided in part that section 1 of the act, which amended this section, shall apply to terms expiring on and after June 9, 1992.

ANNOTATIONS

Analysis

1. Construction.

Caption of this section was relevant in determining the legislative intent, and it was essential that construction in light of the intention indicated by the caption not render this section ineffective or lead to irrational consequences. State v. Lynch, 137 Vt. 607, 409 A.2d 1001 (1979).

In determining meaning of clause of this section referring to the advice and consent of the senate, the court must look to the intent of the legislature where the intent could be ascertained, which required the court to consider not only the letter of this section, but more importantly, its reason and spirit. State v. Lynch, 137 Vt. 607, 409 A.2d 1001 (1979).

In this section, although the advice and consent clause was inartfully located, and though it could be construed such that "advice and consent" modified the word "serve" rather than the word "appointed," it would be held that the advice and consent clause did not limit the governor's removal powers and applied to appointments, not to removals. State v. Lynch, 137 Vt. 607, 409 A.2d 1001 (1979).

This section unmistakably indicates legislative intent that it apply to the commissioner of public safety. State v. Lynch, 137 Vt. 607, 409 A.2d 1001 (1979).

2. Construction with other law.

This section does not provide for continuation in office in cases where advice and consent of the Senate is required but has not been obtained. Op. Atty. Gen. 94-2F.

This section, being later in time of enactment than section 1873 of Title 20, providing that a governor may remove a commissioner of public safety upon charges preferred in writing and after hearing for certain specific grounds stated in that section, governed, as the statutes were in irreconcilable conflict and the more recent one was the latest expression of the legislative will. State v. Lynch, 137 Vt. 607, 409 A.2d 1001 (1979).

§ 2005. Continuing functions.

When any unit of government is transferred by Executive Order to another unit without substantial change in its functions it shall be deemed to have continued in force without any interruption in its functions.

1969, No. 245 (Adj. Sess.), § 6(4), eff. April 4, 1970.

§ 2006. Prospective effect.

The transfer of any agency, department, or division or any other governmental unit or its functions shall not affect any act done, liability incurred, or any right accrued or vested, or affect, abate, or prevent any action or prosecution pending or to be instituted to enforce any right or penalty or punish any offense nor shall it affect the validity of any contract to which the State, or any unit of the State, is a party in interest.

1969, No. 245 (Adj. Sess.), § 6(5), eff. April 4, 1970.

History

Revision note. Substituted "action" for "suit" to conform language to Rule 2, Vermont Rules of Civil Procedure pursuant to 1973, No. 118 , § 24(b). See note set out under § 1 of Title 12.

§ 2007. Effective dates of transfers.

For the purpose of effecting an orderly transfer of the authority, duties, powers, responsibilities, and functions to any newly created governmental unit or units, the Governor may by Executive Order or orders determine the date on which the transfer shall become effective. Until so ordered any State agency, department, or division and its functions shall remain operating as constituted prior to the effective date in the order.

1969, No. 245 (Adj. Sess.), § 6(3), eff. April 4, 1970.

CHAPTER 43. GOVERNOR'S CABINET

Sec.

ANNOTATIONS

Cited. State v. Lynch, 137 Vt. 607, 409 A.2d 1001 (1979).

§ 2101. Creation.

A cabinet is created in the Executive Branch of government which shall consist of the Secretaries of such agencies as are created by law.

1969, No. 244 (Adj. Sess.), § 1, eff. Jan. 10, 1971.

§ 2102. Powers and duties.

The Governor's Cabinet shall adopt and implement a program of continuing coordination and improvement of the activities carried on at all levels of State and local government.

(b) The Cabinet shall work collaboratively with the Executive Director of Racial Equity and shall provide the Director with access to all relevant records and information as permitted by law.

Added 1969, No. 244 (Adj. Sess.), § 3, eff. Jan. 10, 1971; amended 2018, No. 9 (Sp. Sess.), § 2, eff. June 28, 2018.

History

Amendments--2018 (Sp. Sess.). Added the subsec. (a) designation and added subsec. (b).

§ 2103. Oath, meetings; committees.

  1. Each Secretary shall take and file the official oath prior to assuming office.
  2. The Governor's Cabinet shall meet from time to time at the call of the Governor.  The cabinet may create such committees as it considers appropriate, the membership of which may be established by the Cabinet and may include persons not members of the Cabinet.

    1969, No. 244 (Adj. Sess.), §§ 2, 5, eff. Jan. 10, 1971.

Cross References

Cross references. Oaths of allegiance and office, see Vt. Const. ch. II, § 56.

§ 2104. Planning.

The Central Planning Office and its State planning functions are transferred hereby to the Office of the Governor. The Governor, by Executive Order, may specify the duties, responsibilities, and organization of the Office as he or she deems necessary for the proper execution of its functions. The Office shall be headed by a Director of Planning who shall be appointed by the Governor to serve at his or her pleasure. The Director of Planning with the approval of the Governor may:

  1. coordinate the planning activities of departments of the Executive Branch;
  2. make studies, surveys, and reports concerning that program;
  3. accept, contract for, and administer under this chapter and for its objectives and purposes contributions, capital grants, appropriations, gifts, services, and other financial assistance from or for any individual, association, corporation, or other organization having an interest in planning and development, this State, and the United States, and any of their agencies, political or administrative subdivisions, and instrumentalities, corporate or otherwise; and
  4. perform such other acts as may be necessary or appropriate to carry out the objectives and purposes of this section.

    1969, No. 244 (Adj. Sess.), § 6, eff. Jan. 10, 1971.

CHAPTER 45. ADMINISTRATION

History

Rules and regulations. 1971, No. 92 , § 14, provided: "All rules and regulations of boards, commissions, departments, and divisions transferred to the agency existing upon the effective date of this act [June 1, 1971] shall remain in full force and effect, unless and until the same are amended or repealed in a manner consistent with this act."

Subchapter 1. Generally

§ 2201. Definitions.

In this chapter, the following words mean:

  1. Agency: The Agency of Administration;
  2. Secretary: The head of the Agency, a member of the Governor's Cabinet, who is responsible to the Governor for the administration of the Agency;
  3. Department: A major component of the Agency;
  4. Commissioner: The head of a department, who is responsible to the Secretary for the administration of the department;
  5. Division: A major component of a department or of the Agency;
  6. Director: The head of a division of the Agency.

    Added 1971, No. 92 , § 1, eff. June 1, 1971.

§ 2202. Creation of Agency.

  1. An Agency of Administration is created. The Agency shall consist of the following:
    1. The Department of Finance and Management;
    2. The Department of Human Resources;
    3. The Department of Buildings and General Services;
    4. The Department of Libraries;
    5. The Department of Taxes;
    6. The Department of Information and Innovation.
  2. The following units are attached to the Agency for the purpose of receiving administrative support:
    1. Connecticut River Flood Control Commission;
    2. Supervisors of unorganized towns and gores.

      Added 1971, No. 92 , § 2, eff. June 1, 1971; amended 1977, No. 105 , § 8; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1983, No. 195 (Adj. Sess.), § 5(a); 1985, No. 74 , § 307(b); 1987, No. 243 (Adj. Sess.), § 10, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 1, eff. May 6, 1996; 2003, No. 31 , § 1; 2003, No. 156 (Adj. Sess.), § 15.

History

Amendments--2003 (Adj. Sess.). Subsection (a)(2): Substituted "department of human resources" for "department of personnel".

Amendments--2003. Subdivision (a)(6): Added.

Amendments--1995 (Adj. Sess.) Subdivision (a)(3): Inserted "buildings and" preceding "general services".

Subdivision (a)(4): Substituted "the department of libraries" for "the department of state buildings".

Amendments--1987 (Adj. Sess.). Subsection (a): Amended generally.

Amendments--1985. Subdivision (a)(8): Repealed.

Amendments--1983 (Adj. Sess.). Subdivision (a)(3): Act No. 195 added "and information support" following "finance".

Subdivision (a)(5): Act No. 147 substituted "department" for "division".

Amendments--1977. Subdivision (a)(8): Added.

Cross References

Cross references. Connecticut River Flood Control Commission attached to Governor's office for administrative purposes, see § 2 of this title.

ANNOTATIONS

Cited. Vermont State Employees Association v. State, 134 Vt. 195, 357 A.2d 125 (1976); Sprague v. University of Vermont, 661 F. Supp. 1132 (D. Vt. 1987).

§ 2203. Advisory capacity.

  1. All boards, committees, councils, and commissions which under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards, committees, councils, and commissions, including administrative, policy-making, rule-making, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.
  2. Notwithstanding subsection (a) of this section or any other provision of this chapter the Connecticut River Flood Control Commission shall retain and exercise all powers and functions given to it under the provisions of 10 V.S.A. chapter 45.

    Added 1971, No. 92 , § 3, eff. June 1, 1971.

History

Revision note. Reference to "chapter 31" of Title 10 in subsec. (b) changed to "chapter 45" to conform reference to renumbering of such chapter.

ANNOTATIONS

Cited. Vermont State Employees Association v. State, 134 Vt. 195, 357 A.2d 125 (1976).

§ 2204. Personnel designation.

The secretary, deputy secretary, commissioners, deputy commissioners, attorneys, and all members of boards, committees, councils, and commissions attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by law, all other positions shall be within the classified service.

Added 1971, No. 92 , § 12, eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 11; 1993, No. 227 (Adj. Sess.), § 10.

History

Amendments--1993 (Adj. Sess.). Inserted "attorneys" preceding "and all members" in the first sentence and rewrote the second sentence.

Amendments--1987 (Adj. Sess.). In the first sentence, substituted "deputy" for "executive assistant to the" preceding "secretary, commissioners".

Applicability--1993 (Adj. Sess.). 1993, No. 227 (Adj. Sess.), § 37, eff. June 17, 1994, provided that the amendment to this section by section 10 of the act shall take effect with respect to any of the newly created exempt positions under that section at the time a vacancy occurs in the position, unless classified attorneys occupying those positions on June 30, 1994 elect to become exempt employees.

Subchapter 2. Secretary

§ 2221. Appointment and salary.

  1. The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.
  2. [Repealed.]

    Added 1971, No. 92 , § 4(a), (d), eff. June 1, 1971; amended 1971, No. 191 (Adj. Sess.), § 16.

History

Amendments--1971 (Adj. Sess.). Subsection (b): Repealed.

§ 2222. Powers and duties; budget and report.

  1. In addition to the duties expressly set forth elsewhere by law, the Secretary shall:
    1. As principal administrative aide to the Governor, plan, organize, direct, control, integrate, coordinate, and supervise all functions and programs of the Agency and its departments and divisions.
    2. With the approval of the Governor, issue general policy statements and general rules and regulations applicable to the Executive Branch of the State government to implement executive orders or legislative mandate.
    3. Upon request, advise the Governor and the Legislature on all matters relating to general administration.
    4. Have access to and the right to copy any records of all executive and administrative departments, except tax returns, other tax return information, and other information that by law is confidential.
    5. Have access to and the right to inspect all lands, buildings, and installations owned or leased by the State, under such regulations as the Governor may approve.
    6. Be responsible for the internal budgeting, accounting, procurement, filing, and related management functions for the Agency through facilities as the Secretary shall designate or establish, subject to the provisions of this title.
    7. Subject to chapter 13 of this title relating to classification, and other provisions of law, exercise all functions pertaining to appointment, fixing of compensation, transfer, promotion, demotion, suspension, or dismissal of persons to or from offices and positions in the Agency of Administration.
    8. When so requested by the General Assembly, make a biennial report to the General Assembly of all principal matters pertaining to the operation of the Agency of Administration and its departments and divisions.
    9. [Repealed.]
    10. [Repealed.]
  2. The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. He or she shall prepare and submit to the Governor an annual budget.
  3. The Secretary shall compile, weekly, a list of all public hearings and meetings scheduled by all Executive Branch State agencies, departments, boards, or commissions during the next ensuing week. The list shall be distributed to any person in the State at that person's request. Each Executive Branch State agency, department, board, or commission shall notify the Secretary of all public hearings and meetings to be held and any cancellations of such hearings or meetings.
  4. With the approval of the Governor, or upon his or her request, the Secretary of Administration, or his or her agent, shall undertake a full and complete management audit of the accounts and activities of any State agency, commission, or State-created authority of any kind. Any such agency, commission, or State-created authority shall make available all books, records, accounts, documents, and other material requested by the Secretary of Administration, or his or her agent, for such purpose.
  5. The Secretary of Administration is authorized to arrange staff and technical support for studies or investigative committees appointed by the Governor.
  6. The Secretary of Administration may extend the benefits of the collective bargaining agreement as necessary or appropriate to State employees who are not members of any bargaining unit, and may offer additional benefits the cost of which shall be paid by the employee.
  7. [Repealed.]
  8. Notwithstanding the provisions of chapter 13 of this title, the Secretary of Administration, with the approval of the Governor, may authorize alternative salary compensation plans for managerial employees, either as a whole, or within specific occupations and categories as determined by the Secretary. Such alternative salary provisions may implement provisions for minimum and maximum ranges, promotional rates, and merit pay for performance provisions, pay banding, and other features of compensation determined in the best interests of the State, provided that individual employees may not receive adjustments that exceed the rates of adjustment available to classified employees under the collective bargaining unit.
  9. The Secretary of Administration is authorized to transfer vacant positions throughout the Executive Branch of State government, and to adjust appropriations in the Executive Branch in accordance with the Secretary's Statewide Vacancy Savings Plan that reflects realistic savings due to vacant positions. Such appropriation adjustments shall result in no change to the total statewide legislative appropriations to the Executive Branch. This authority is separate from the Secretary's authority provided in 32 V.S.A. § 706 .
  10. Notwithstanding the provisions of 29 V.S.A. § 903(a) , the Agency of Administration will administer the Equipment Revolving Fund to be used for internal lease purchase of equipment for State agencies. The Secretary of Administration shall establish criteria for equipment purchased through this Fund, including types of equipment, limiting amounts for specific equipment, and the useful life of the equipment.
    1. Agencies or departments acquiring such equipment shall repay the Fund through their regular operating budgets according to an amortization schedule established by the Commissioner of Finance and Management. Repayment shall include charges for the administrative costs of the purchase and estimated administrative inflation over the term of the payback.
    2. The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.
  11. The Secretary of Administration or designee shall review all grants from an agency of the State to a law enforcement agency or constable, and all such grants shall be subject to the approval of the Secretary or designee. The Secretary or designee shall approve the grant only if the law enforcement agency or constable has complied with the race data reporting requirements set forth in 20 V.S.A. § 2366(e) and the death or serious bodily injury reporting requirements set forth in 18 V.S.A. § 7257a(b) within six months prior to the Secretary's or designee's review.

    Added 1971, No. 92 , § 4(b), (c), eff. June 1, 1971; amended 1973, No. 60 , § 2, eff. May 13, 1973; 1977, No. 146 (Adj. Sess.), § 5; 1979, No. 205 (Adj. Sess.), § 136, eff. May 9, 1980; 1987, No. 243 (Adj. Sess.), § 12, eff. June 13, 1988; 1989, No. 67 , § 19; 1989, No. 277 (Adj. Sess.), § 17a; 1993, No. 207 (Adj. Sess.), § 2, eff. June 17, 1994; 1995, No. 63 , §§ 18a, eff. May 4, 1995; 1995, No. 63 , § 18b; 1995, No. 177 (Adj. Sess.), § 9; 1995, No. 178 (Adj. Sess.), § 420, eff. May 22, 1996; 1995, No. 185 (Adj. Sess.), §§ 44, 45, eff. May 22, 1996; 1997, No. 66 (Adj. Sess.), § 67, eff. Feb. 20, 1998; 1999, No. 29 , § 60, eff. May 19, 1999; 2001, No. 142 (Adj. Sess.), § 302a; 2003, No. 31 , § 2; 2005, No. 203 (Adj. Sess.), § 3, eff. May 30, 2006; 2007, No. 206 (Adj. Sess.), § 7; 2009, No. 33 , § 6; 2009, No. 156 (Adj. Sess.), § E.100.1; 2011, No. 109 (Adj. Sess.), § 5, eff. May 8, 2012; 2011, No. 162 (Adj. Sess.), § E.101.1; 2013, No. 1 , § 73; 2013, No. 50 , § E.100.2; 2013, No. 1 42 (Adj. Sess.), § 11; 2015, No. 58 , § E.100.2, eff. June 11, 2015; 2015, No. 58 , § E.145.3; 2015, No. 131 (Adj. Sess.), § 20; 2019, No. 49 , § 3, eff. June 10, 2019; 2019, No. 147 (Adj. Sess.), § 2, eff. Jan. 1, 2021; 2019, No. 166 (Adj. Sess.), § 19, eff. Jan. 1, 2021.

History

Revision note. Subsection (h), which was enacted as subsec. (g) by 1995, Act No. 178 (Adj. Sess.), § 9, was redesignated to avoid conflict with existing subsec. (g), as added by 1995, Act No. 185 (Adj. Sess.), § 45.

2011 (Adj. Sess.). The amendments made to this section by Act No. 109 and Act No. 162 were reconciled into a final version.

Amendments--2019 (Adj. Sess.). Subsec. (k): Added by Act No. 147. Subsequently, Act No. 166 inserted "and the death or serious bodily injury reporting requirements set forth in 18 V.S.A. § 7257a(b)" following "20 V.S.A. § 2366(e)".

Amendments--2019. Subdivs. (a)(9) and (10): Repealed.

Subsec. (g): Repealed.

Amendments--2015 (Adj. Sess.). Subsec. (c): Deleted the last sentence.

Amendments--2015. Subdivision (a)(9): Substituted "$500,000.00" for "$100,000.00" in the last sentence and in subdiv. (E).

Subsection (j): Added.

Amendments--2013 (Adj. Sess.). Subsection (c): Added the last sentence.

Amendments--2013. Subdivision (a)(10): Act 1, § 73 substituted "Executive Branch" for "legislative, executive, and judicial branches" preceding "of state government".

Amendments--2013. Subdivision (g)(1): Act 50 substituted "$1,000,000.00" for "$500,000.00" following "when its total cost is" in the first sentence, and added subdivision (F).

Amendments--2011 (Adj. Sess.) Subdivision (a)(9): Act 109 inserted "and information security" preceding "which outlines the significant deviations from the previous year's" and deleted "information technology" thereafter in the first sentence, added the second sentence, and inserted "and information security" following "the state's information technology" in the fourth sentence.

Subdivision (a)(9): Act 162 substituted "state chief information officer" for "commissioner of information and innovation" preceding "prior" in the second sentence.

Subdivision (a)(9)(A): Act 109 substituted "ongoing" for "on going".

Subdivision (a)(9)(B): Act 109 substituted "the cost savings or service delivery improvements or both" for "the cost savings and/or service delivery improvements".

Subdivision (a)(9)(B): Act 162 substituted "and any" for "and/or" preceding "service".

Subdivision (a)(9)(E): Act 109 substituted "100,000.00" for "100,000".

Subdivision (a)(10): Act 109 inserted "and information security" following "five year information technology".

Subdivision (a)(10)(B): Act 162 deleted "both" preceding "hardware" and "and" following "hardware" and inserted "and services" following "software," and "or are contracted under Administrative Bulletin 3.5 to perform" following "perform".

Subdivision (g)(1): Act 162 inserted "or when required by the state chief information officer" following "greater" and substituted "this" for "such" preceding "independent".

Subdivision (g)(2): Act 162 substituted "any review" for "such reviews" and "entity" for "departments".

Amendments--2009 (Adj. Sess.) Subdivision (a)(9): Added the fourth sentence and substituted "information technology activity" for "new computer system or system upgrade" and "$100,000.00" for "$150,000.00".

Subdivision (a)(9)(E): Added.

Subdivision (a)(10): Substituted "section" for "subdivision" following "purposes of this section".

Amendments--2009. Subsection (i): Deleted the fourth through sixth sentences.

Amendments--2007 (Adj. Sess.). Subsection (i): Added fifth sentence.

Amendments--2005 (Adj. Sess.). Subdivision (a)(10): Substituted "annually" for "also" preceding "submit" and "a five-year" for "an overall"; deleted "state's" preceding "anticipated"; inserted "of the legislative, executive, and judicial branches of state government" following "activities" and deleted "for the second through the fifth fiscal years following the period covered by the one-year information technology program".

Amendments--2003. Subdivision (a)(9): Substituted "commissioner of information and innovation" for "chief information officer".

Amendments--2001 (Adj. Sess.) Subsection (i): Added.

Amendments--1999 Subdivision (a)(9): Added the second sentence.

Amendments--1997 (Adj. Sess.). Added the undesignated paragraph following subdivision (g)(5).

Amendments--1995 (Adj. Sess.) Subdivision (a)(9): Act No. 178 substituted "concurrent with the governor's annual budget request required under 32 V.S.A. § 306" for "on or before January 1 of each year" following "general assembly" in the first sentence.

Act No. 185 inserted "for review by the joint fiscal committee" preceding "a strategic plan" in the first sentence.

Subsection (g): Added by Act Nos. 177 and 185.

Amendments--1995. Subdivision (a)(9): Amended generally.

Subdivision (a)(10): Added.

Amendments--1993 (Adj. Sess.). Subdivision (a)(9): Added.

Amendments--1989 (Adj. Sess.). Subsection (f): Added "and may offer additional benefits the costs of which shall be paid by the employee" following "unit".

Amendments--1989. Subsection (f): Added.

Amendments--1987 (Adj. Sess.). Subsection (a): Amended generally.

Subsection (b): Rewrote the second sentence.

Subsection (d): Inserted "or her" preceding "request" and preceding "agent" in the first sentence and following "administration or his" in the second sentence.

Amendments--1979 (Adj. Sess.). Subsection (e): Added.

Amendments--1977 (Adj. Sess.). Subsection (d): Added.

Amendments--1973. Subsection (c): Added.

ANNOTATIONS

1. Scope of power.

The Secretary of Administration acted within the scope of his powers when he initiated a rule transferring the plaintiffs' positions from classified to exempt service. Conway v. Searles, 954 F. Supp. 756 (D. Vt. 1997).

§ 2222a. Repealed. 2017, No. 85, § E.100.2, eff. June 28, 2017.

History

Former § 2222a. Former § 2222a, relating to health care system reform; improving quality and affordability, was derived from 2005, No. 191 (Adj. Sess.), § 3 and amended by 2005, No. 215 (Adj. Sess.), § 342a; 2007, No. 70 , § 32; 2009, No. 61 , § 2; 2011, No. 48 , § 1b; and 2011, No. 171 (Adj. Sess.), § 41c.

§§ 2222b, 2222c. Repealed. 2013, No. 190 (Adj. Sess.), § 13, eff. July 1, 2015.

History

Former §§ 2222b, 2222c. Former § 2222b, relating to Secretary of Administration responsibility for coordination and planning, was derived from 2011, No. 53 , § 14b and amended by 2013, No. 190 (Adj. Sess.), § 10.

Former § 2222c, relating to Secretary of Administration to prepare deployment report, was derived from 2011, No. 53 , § 24a and amended by 2013, No. 190 (Adj. Sess.), § 11.

§ 2222d. Employee Misclassification Task Force. Section 2222d repealed effective July 1, 2026.

  1. As used in this section, "employee misclassification" means:
    1. the misclassification of an employee as an independent contractor; or
    2. a violation of 21 V.S.A. § 687 or 708 that results from an employer claiming that it is not an employer as defined pursuant to 21 V.S.A. § 601(3) or that an individual is not a worker or employee as defined pursuant to 21 V.S.A. § 601(14) .
  2. The Employee Misclassification Task Force is created to coordinate efforts to combat misclassification of workers and to ensure enforcement of all related laws and regulations. The Task Force shall be overseen by the Office of the Attorney General and shall be composed of the following members:
    1. the Attorney General or designee;
    2. the Secretary of Administration or designee;
    3. the Secretary of Transportation or designee;
    4. the Commissioner of Buildings and General Services or designee;
    5. the Commissioner of Labor or designee;
    6. the Commissioner of Financial Regulation or designee;
    7. the Secretary of Human Services or designee;
    8. the Commissioner of Taxes or designee; and
    9. the Commissioner of Liquor and Lottery or designee.
    1. The Task Force shall meet at least quarterly. (c) (1)  The Task Force shall meet at least quarterly.
    2. The Attorney General or designee shall be the Chair of the Task Force.
  3. The Task Force shall ensure that all State agencies coordinate their efforts to combat employee misclassification in a manner that increases the efficiency and effectiveness of those efforts.
    1. The Attorney General shall report annually on or before January 15 of each year to the House Committees on Commerce and Economic Development and on Ways and Means and the Senate Committees on Economic Development, Housing and General Affairs and on Finance regarding activities undertaken pursuant to this section and any additional tax revenue and unemployment insurance contributions, as well as any reduction in workers' compensation premiums and costs, realized as a result of the efforts undertaken pursuant to this section. (e) (1)  The Attorney General shall report annually on or before January 15 of each year to the House Committees on Commerce and Economic Development and on Ways and Means and the Senate Committees on Economic Development, Housing and General Affairs and on Finance regarding activities undertaken pursuant to this section and any additional tax revenue and unemployment insurance contributions, as well as any reduction in workers' compensation premiums and costs, realized as a result of the efforts undertaken pursuant to this section.
    2. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
  4. On or before January 15, 2022, the Task Force shall submit a written report to the House Committee on Commerce and Economic Development and the Senate Committee on Economic Development, Housing and General Affairs regarding ways to improve the effectiveness and efficiency of the system of joint enforcement by the Commissioner of Labor and the Attorney General of the laws related to employee misclassification that is established pursuant to 21 V.S.A. §§ 3 , 346, 387, 712, and 1379. In particular, the Report shall examine:
    1. potential legislative changes to address shortcomings or difficulties identified by the Task Force in relation to the system of joint enforcement;
    2. potential legislative changes to enable either the Commissioner of Labor or the Attorney General to seek the full, combined range of penalties and remedies that are currently available to them through joint enforcement;
    3. whether to expand the joint enforcement of the laws related to employee misclassification to include additional agencies or departments of the State and potential legislative changes to accomplish such an expansion;
    4. the possibility of creating a private right of action to enforce the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification; and
    5. the possibility of creating a private attorneys general act modeled on California law for the enforcement of the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification.

      Added 2019, No. 85 (Adj. Sess.), § 10, eff. Feb. 20, 2020; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(a).

§ 2223. Deputy Secretary; acting Secretary.

  1. The Secretary, with the approval of the Governor, may appoint a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary prescribes. The Deputy Secretary shall be exempt from the classified service. The appointment shall be in writing and recorded in the Office of the Secretary of State.
  2. The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary's absence. In case a vacancy occurs in the Office of the Secretary, the Deputy shall assume and discharge the duties of Office until the vacancy is filled.
  3. With the approval of the Governor, the Secretary may appoint a Commissioner within the Agency to act in the absence of the Secretary and Deputy. The appointment shall be filed with the Secretary of State.

    Added 1971, No. 92 , § 4(e), (g), eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 13, eff. June 13, 1988.

History

Revision note. Substituted "chief financial officer and budget director" for "deputy secretary" in the section catchline, the first and second sentences on subsec. (a) and in the first sentence of subsec. (b) and "chief financial officer and budget director" for "deputy" in the second sentence of subsec. (b) and in the first sentence of subsec. (c), in light of Executive Order No. 4-91, which redesignated the position of deputy secretary as chief financial officer and budget director. By its own terms, Executive Order No. 4-91 took effect on January 31, 1991, pursuant to section 2002 of Title 3.

Amendments--1987 (Adj. Sess.). Amended section generally.

§ 2224. Transfer of personnel.

The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules.

Added 1971, No. 92 , § 4(f), eff. June 1, 1971.

§ 2225. Repealed. 2015, No. 41, § 1.

History

Former § 2225. Former § 2225, relating to the creation of the Division for Connectivity within the Agency of Administration, was derived from 2013, No. 190 (Adj. Sess.), § 12.

Former § 2225, relating to the emergency relief and assistance fund, was derived from 1999, No. 1 , § 94. This section was previously repealed by 1999, No. 62 , § 272b.

§ 2226. Public highways; conduit standards.

  1. Intent.  The intent of this section is to provide for the construction of infrastructure sufficient to allow telecommunications service providers seeking to deploy communication lines in the future to do so by pulling the lines through the conduit and appurtenances installed pursuant to this section. This section is intended to require those constructing public highways, including State, municipal, and private developers, to provide and install such conduit and appurtenances as may be necessary to accommodate future telecommunications needs within public highways and rights-of-way without further excavation or disturbance.
  2. Study.  On or before December 15, 2014, the Secretary of Administration, in consultation with the Commissioner of Public Service, the Secretary of Transportation, and the Vermont League of Cities and Towns, shall submit a report to the General Assembly on a "Dig Once Program" consistent with the intent of subsection (a) of this section. The study shall include findings and recommendations related to the installation of conduit and such vaults and other appurtenances as may be necessary to accommodate installation and connection of telecommunications lines within conduit during highway construction projects; construction standards with due consideration given to existing and anticipated technologies and industry standards; minimum diameter of the conduit and interducts to meet the requirements of this section; the party responsible for installation costs; the ownership and availability of the conduit; and any other matters the Secretary deems appropriate.

    Added 2013, No. 190 (Adj. Sess.), § 16, eff. June 16, 2014.

Subchapter 3. Commissioners and Directors

§ 2251. Commissioners - Appointment; term.

  1. The Secretary, with the approval of the Governor and with the advice and consent of the Senate, may appoint a commissioner of each department, except the Department of Libraries, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. The term of the Commissioner shall be concurrent with that of the Secretary or Governor.
  2. The State Librarian shall be appointed as provided in 22 V.S.A. § 601 .

    Added 1971, No. 92 , § 5(a), eff. June 1, 1971; amended 1995, No. 148 (Adj. Sess.), § 7, eff. May 6, 1996.

History

2003. In subsec. (b), substituted "section 601 of Title 22" for "section 603 of Title 22" to correct an apparent error in the reference.

Amendments--1995 (Adj. Sess.) Designated the existing provisions of the section as subsec. (a) and inserted "except the department of libraries" following "department" in the first sentence of that subsection and added subsec. (b).

ANNOTATIONS

Cited. State v. Buck, 139 Vt. 310, 428 A.2d 1090 (1981).

§ 2252. Mandatory duties.

  1. The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.
  2. In addition to other duties imposed by law, the commissioner shall:
    1. administer the laws assigned to the department;
    2. coordinate and integrate the work of the divisions within the department;
    3. supervise and control all staff functions.

      Added 1971, No. 92 , § 5(b), (c), eff. June 1, 1971.

§ 2253. Permissive duties; approval of Secretary.

Each commissioner may, with the approval of the Secretary:

  1. Transfer classified positions within or between divisions subject only to State laws and regulations.
  2. Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.
  3. Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department.
  4. Adopt rules for the internal administration of the department and its programs.
  5. Appoint a deputy commissioner.  All such appointments shall be in writing and recorded in the Office of the Secretary of State. In case a vacancy occurs in the office of a commissioner, or the commissioner is absent, his or her deputy shall assume and discharge the duties of office until the vacancy is filled, or the commissioner returns.
  6. Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers.
  7. Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places.
  8. Organize, reorganize, transfer, or abolish divisions, staff functions, or sections within the department.  This authority shall not extend to divisions or other bodies created by law.

    Added 1971, No. 92 , § 5(d), eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 14, eff. June 13, 1988.

History

Amendments--1987 (Adj. Sess.). Substituted "each" for "the" preceding "commissioner" in the introductory paragraph and "adopt rules" for "make regulations consistent with chapter 25 of this title" preceding "for the internal" in subdiv. (4), rewrote subdiv. (5), and inserted "or she" preceding "deems" and "or hers" following "exceeding his" in subdiv. (6).

§ 2254. Directors.

A director shall administer each division within the agency.

Added 1971, No. 92 , § 6, eff. June 1, 1971; amended 1977, No. 105 , § 1; 1977, No. 109 , § 30, eff. July 3, 1977; 1983, No. 147 (Adj. Sess.), §§ 1, 5, eff. April 11, 1984; 1983, No. 170 (Adj. Sess.), §§ 1, 14(a), eff. April 19, 1984; 1985, No. 74 , § 300; 1987, No. 243 (Adj. Sess.), § 14, eff. June 13, 1988.

History

Amendments--1987 (Adj. Sess.). Amended section generally.

Amendments--1985. Subsection (a): Deleted "offices or" preceding "divisions" in the second sentence and "property valuation and review" thereafter and added "except that the director of the property valuation and review division shall be an exempt position" following "department" at the end of the fifth sentence.

Amendments--1983 (Adj. Sess.). Subsection (a): Section 1 of Act No. 147 amended section 1 of Act No. 105 of 1977 by deleting "buildings" following "property valuation and review" in the section sentence.

Section 5 of Act No. 147 repealed section 30 of Act No. 109 of 1977.

Section 1 of Act No. 170 amended section 30 of Act No. 109 of 1977 by deleting "energy" following "offices or divisions" and inserting "property valuation and review" preceding "purchasing, buildings and public records" in the second sentence.

Section 14(a) of Act No. 170 repealed section 1 of Act No. 105 of 1977.

Amendments--1977. Subsection (a): Act No. 105 inserted "property valuation and review" following "purchasing" in the second sentence.

Act No. 109 inserted "energy" preceding "purchasing, buildings and public records" in the second sentence and substituted "section 1003 of Title 32" for "section 13 of this act" in the fourth sentence.

Subchapter 4. Departments, Divisions, and Boards

§ 2281. Department of Finance and Management.

The Department of Finance and Management is created in the Agency of Administration and is charged with all powers and duties assigned to it by law, including the following:

  1. To administer the financial transactions of the State, including payroll transactions, in accordance with the law and within the limits of appropriations made by the General Assembly.
  2. To conduct management studies and audits of the performance of State government.
  3. To prepare the Executive budget.
  4. To report on an annual basis to the Joint Fiscal Committee at its November meetings on the allocation of funds contained in the annual pay acts and the allocation of funds in the annual appropriations act that relate to those annual pay acts. The report shall include the formula for computing these funds, the basis for the formula, and the distribution of the different funding sources among State agencies. The report shall also be submitted to the members of the House and Senate Committees on Government Operations and on Appropriations. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.
  5. [Repealed.]

    Added 1971, No. 92 , § 7, eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 16, eff. June 13, 1988; 1999, No. 49 , § 132; 2005, No. 66 , § 12; 2007, No. 7 , § 1; 2007, No. 65 , § 404, eff. June 4, 2007; 2013, No. 142 (Adj. Sess.), § 12; 2015, No. 172 (Adj. Sess.), § E.106, eff. June 8, 2016.

History

Revision note. Text reflects amendments to section by 2007, No. 7 , § 1 and 2007, No. 65 , § 404.

In subdiv. (4), changed "of this title" to "of Title 32" following "section 182" to correct an error in the reference.

Amendments--2015 (Adj. Sess.). Subdiv. (5): Repealed.

Amendments--2013 (Adj. Sess.). Subdivision (4): Added the last sentence.

Amendments--2007. Subdivision (1): Inserted "including payroll transactions" following "state".

Subdivision (5): Repealed by Act 65.

Subdivision (6): Added.

Subdivision (6): Added by Act 7 and redesignated as subdiv. (5).

Amendments--2005 Made a minor stylistic change in subdiv. (3), added new subdiv. (4) and redesignated former subdiv. (4) as subdiv. (5) and in that subdivision, substituted "to report" for "it shall report".

Amendments--1999 Added subdiv. (4) and made minor stylistic changes in subdivs. (2) and (3).

Amendments--1987 (Adj. Sess.) Amended section generally.

Transfer of rules, positions, and appropriations. 2007, No. 7 , § 6, provides: "(a) The rules of the department of human resources relating to payroll functions in effect on the effective date of this act shall be the rules of the department of finance and management until amended or repealed by that department. All references in those rules to the 'commissioner' and the 'department of human resources' shall be deemed to refer to the 'commissioner of finance and management' and the 'department of finance and management' respectively.

"(b) All employees, professional and support staff, consultants, positions, and equipment and the remaining balances of all appropriations for personal services and operating expenses for payroll functions are transferred from the department of human resources to the department of finance and management."

Cross References

Cross references. Department of finance and management generally, see § 2281 et seq. of this title.

§ 2282. Department of Taxes.

The Department of Taxes is created in the Agency of Administration to exercise all powers and perform all duties assigned to it by law, including the collection and administration of all taxes levied under the law and payable to the State which are not otherwise required by law to be collected by another department.

Added 1971, No. 92 , § 8, eff. June 1, 1971; amended 1983, No. 160 (Adj. Sess.), § 6; 1987, No. 243 (Adj. Sess.), § 17, eff. June 13, 1988.

History

Amendments--1987 (Adj. Sess.). Subsection (a): Amended generally.

Amendments--1983 (Adj. Sess.). Subsection (b): Repealed.

Transfer of functions. 1983, No. 160 (Adj. Sess.), § 4, provided: "Those functions of the department of taxes that relate to motor fuel tax administration and collection shall be transferred from the department to the department of motor vehicles".

Transfer of positions, files, and records. 1983, No. 160 (Adj. Sess.), § 5, provided: "The department of taxes shall transfer its motor fuel tax activity to the department of motor vehicles including the transfer of two auditor positions, files and records".

Cross References

Cross references. Department of Taxes generally, see 32 V.S.A. § 3101 et seq.

§ 2283. Department of Human Resources.

  1. The Department of Human Resources is created in the Agency of Administration. In addition to other responsibilities assigned to it by law, the Department is responsible for fulfilling the payroll functions and for the provision of centralized human resources management services for State government, including the administration of a classification and compensation system for State employees under chapter 13 of this title and the performance of duties assigned to the Commissioner of Human Resources under chapter 27 of this title. All agencies and departments of the State that receive services from the Department of Human Resources shall be charged for those services through an assessment payable to the Human Resources Internal Service Fund on a basis established by the Commissioner of Human Resources and with the approval of the Secretary of Administration.
  2. The Department of Human Resources shall maintain a central payroll office, which shall be the successor to and continuation of the payroll functions of the Department of Finance and Management.
    1. There is established in the Department of Human Resources a Human Resource Services Internal Service Fund to consist of revenues from charges to agencies, departments, and similar units of Vermont State government and to be available to fund the costs of the consolidated human resource services in the Department of Human Resources. (c) (1)  There is established in the Department of Human Resources a Human Resource Services Internal Service Fund to consist of revenues from charges to agencies, departments, and similar units of Vermont State government and to be available to fund the costs of the consolidated human resource services in the Department of Human Resources.
    2. The rate of the charges shall be proposed by the Commissioner of Human Resources, subject to the approval of the Secretary of Administration. Proposed rates of charges shall be based upon the cost of operations associated with human resource services provided to agencies, departments, and similar units of Vermont State government.

      Added 1971, No. 92 , § 9, eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 18, eff. June 13, 1988; 1995, No. 123 (Adj. Sess.), § 3, eff. June 6, 1996; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7 , § 2; 2009, No. 1 (Sp. Sess.), § E.100.1; 2011, No. 63 , § E.104; 2015, No. 172 (Adj. Sess.), § E.108, eff. June 8, 2016.

History

Amendments--2015 (Adj. Sess.). Inserted "for fulfilling the payroll functions and" following "is responsible" in the first sentence of subsec. (a), added new subsec. (b), and redesignated former subsec. (b) as subsec. (c).

Amendments--2011. Subsection (a): Added the subsection designation; deleted the former third sentence; substituted "All agencies and departments" for "A department" preceding "of the", "state" for "agency of administration" preceding "which", "receive" for "receives" preceding "services", "from" for "of" following "services"; deleted "consolidated agency" preceding "human"; substituted "department" for "unit" following "resources", "assessment payable to the human resource services internal service fund" for "interdepartmental transfer" following "an" and deleted "finance and management in consultation with the commissioner of" preceding "human".

Subsection (b): Added.

Amendments--2009. Added the third and fourth sentences.

Amendments--2007. Deleted (a) designation, "for fulfilling the payroll functions" following "responsible" and subsection (b).

Amendments--2003 (Adj. Sess.). Substituted "department of human resources" for "department of personnel" in the section catchline and subsecs. (a) and (b) and substituted "commissioner of human resources" for "commissioner of personnel" in subsec. (b).

Amendments--1995 (Adj. Sess.) Designated the existing text of the section as subsec. (a) and inserted "for fulfilling the payroll functions and" following "responsible" in the second sentence of that subsection and added subsec. (b).

Amendments--1987 (Adj. Sess.). Amended section generally.

§ 2283a. Department of Buildings and General Services.

The Department of Buildings and General Services is created in the Agency of Administration as the successor to and continuation of the Department of Buildings and the Department of General Services. In addition to all other responsibilities assigned to it by law, the Department is responsible for all matters relating to the development, design, construction, management, and disposal of State-owned and -leased buildings under its jurisdiction and for the provision of support services to State government.

Added 1995, No. 148 (Adj. Sess.), § 2, eff. May 6, 1996; amended 2009, No. 91 (Adj. Sess.), § 5, eff. May 6, 2010; 2011, No. 3 , § 81, eff. Feb. 17, 2011.

History

Amendments--2011. Inserted "under its jurisdiction" following "leased buildings" and deleted ", including purchasing services and central data processing" following "government".

Amendments--2009 (Adj. Sess.) Deleted "public record storage" following "purchasing services" in the second sentence.

Transfer and fund and positions. 2007, No. 96 (Adj. Sess.), § 12, provides: "All employees, positions, and equipment and the remaining balances of the appropriation for public records are transferred from the department of buildings and general services to the office of the secretary of state. The department of buildings and general services' vital records special fund and the department of buildings and general services' public records special fund along with monies in them shall be transferred to the office of the secretary of state and renamed the vital records special fund and public records special fund."

§ 2283b. Repealed. 2019, No. 49, § 4, eff. June 10, 2019.

History

Former § 2283b, relating to Department of Information and Innovation, was derived from 2003, No. 31 , § 3 and amended by 2011, No. 3 , § 82.

§§ 2284 Repealed. 1995, No. 148 (Adj. Sess.), § 6, eff. May 6, 1996.

History

Former § 2284. Former § 2284, relating to the creation and duties of the Department of General Services, was derived from 1971, No. 92 , § 10, eff. June 1, 1971 and amended by 1983, No. 195 (Adj. Sess.), § 4; 1987, No. 243 (Adj. Sess.), § 19, eff. June 13, 1988.

§§ 2285, 2286. Repealed. 1987, No. 243 (Adj. Sess.), § 20, eff. June 13, 1988.

History

Former §§ 2285, 2286. Former § 2285, which was derived from 1971, No. 92 , § 11; 1983, No. 147 (Adj. Sess.), § 2, related to the divisions of purchasing and public records.

Former § 2286, which was derived from 1973, No. 145 (Adj. Sess.), § 6; 1975, No. 142 (Adj. Sess.); 1979, No. 83 , § 1; 1981, No. 215 (Adj. Sess.), §§ 1, 2; 1983, No. 170 (Adj. Sess.), § 2; 1985, No. 5 , § 32, related to the department of public service as successor to the state energy office.

§ 2287. Repealed. 1985, No. 74, § 307(a).

History

Former § 2287. Former § 2287, relating to Division of Property Valuation and Review, was derived from 1977, No. 105 , § 9. The subject matter is now covered by § 2289 of this title.

§ 2288. Repealed. 1995, No. 148 (Adj. Sess.), § 6, eff. May 6, 1996.

History

Former § 2288. Former § 2288, relating to the creation and duties of the Department of State Buildings was derived from 1983, No. 147 (Adj. Sess.), § 3 and amended by 1987, No. 243 (Adj. Sess.), § 21.

§ 2289. Division of Property Valuation and Review.

  1. There is created within the Department of Taxes of the Agency of Administration, a Division of Property Valuation and Review.
  2. In addition to other responsibilities assigned to it by law, the Division shall assist in the administration of property taxation and provide property taxation information to State officials and employees.
  3. The Director of the Division shall be an exempt employee and shall be appointed by the Commissioner of Taxes, with the concurrence of the Secretary of Administration.

    Added 1985, No. 74 , § 301; amended 1987, No. 243 (Adj. Sess.), § 22, eff. June 13, 1988.

History

Amendments--1987 (Adj. Sess.). Amended section generally.

ANNOTATIONS

1. Construction.

Statutory authority of division of property valuation and review was confined to appraising fair market value of property in question; it had no statutory authority, and therefore lacked subject matter jurisdiction, to determine tax-exempt status of property. Subud of Woodstock, Inc. v. Town of Barnard, 169 Vt. 582, 732 A.2d 749 (mem.) (1999).

Cited. Town of Victory v. State, 177 Vt. 383, 865 A.2d 373 (October 22, 2004).

§ 2290. Compensation of members of boards and commissions.

The members of boards and commissions in the Agency of Administration, except those members serving ex officio or otherwise receiving compensation for service to the State in other capacities for the time spent in serving on the board or committee, shall be compensated as provided in 32 V.S.A. § 1010 .

Added 1987, No. 243 (Adj. Sess.), § 23, eff. June 13, 1988.

§ 2291. State Agency Energy Plan.

    1. When used in this title, "life-cycle costs" shall mean the present value purchase price of an item, plus the replacement cost, plus or minus the salvage value, plus the present value of operation and maintenance costs, plus the energy and environmental externalities' costs or benefits. Where reliable data enables the Department of Buildings and General Services to establish these additional environmental externalities' costs or benefits with respect to a particular purchasing decision or category of purchasing decisions, that is energy related, the Department may recommend the addition or subtraction of an additional price factor. All State agencies shall consider the price factor and environmental considerations set by the Department when examining life-cycle costs for purchasing decisions. (a) (1)  When used in this title, "life-cycle costs" shall mean the present value purchase price of an item, plus the replacement cost, plus or minus the salvage value, plus the present value of operation and maintenance costs, plus the energy and environmental externalities' costs or benefits. Where reliable data enables the Department of Buildings and General Services to establish these additional environmental externalities' costs or benefits with respect to a particular purchasing decision or category of purchasing decisions, that is energy related, the Department may recommend the addition or subtraction of an additional price factor. All State agencies shall consider the price factor and environmental considerations set by the Department when examining life-cycle costs for purchasing decisions.
    2. "State facilities," when used in this chapter, shall mean all State-owned or leased buildings, structures, appurtenances, and grounds.
    3. "State fleet," as used in this chapter, shall mean passenger vehicles and light duty trucks for use by State employees in the conduct of official duties, excluding law enforcement vehicles assigned to sworn law enforcement officers, and shall be procured by the Commissioner of Buildings and General Services.
  1. It is the general policy of the State of Vermont:
    1. To ensure, to the greatest extent practicable, that State government can meet its energy needs and reduce greenhouse gas emissions in a manner that is adequate, reliable, secure, and sustainable; that assures affordability and encourages the State's economic vitality, the efficient use of energy resources, and cost-effective demand side management; and that is environmentally sound.
    2. To identify and evaluate, on an ongoing basis, resources that will meet State government energy service, infrastructure, purchasing and supply, and fleet needs in accordance with the principles of least cost integrated planning; including efficiency, conservation and load management alternatives, purchasing preferences, wise use of renewable resources and environmentally sound infrastructure development, energy supply, purchasing practices, and fleet management.
  2. The Secretary of Administration with the cooperation of the Commissioners of Public Service and of Buildings and General Services shall develop and oversee the implementation of a State Agency Energy Plan for State government. The Plan shall be adopted by June 30, 2005, modified as necessary, and readopted by the Secretary on or before January 15, 2010 and each sixth year subsequent to 2010. The Plan shall be consistent with the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b . The Plan shall accomplish the following objectives and requirements:
    1. To conserve resources, save energy, and reduce pollution. The Plan shall devise strategies to identify to the greatest extent feasible all opportunities for conservation of resources through environmentally and economically sound infrastructure development, purchasing, and fleet management, and investments in renewable energy and energy efficiency available to the State which are cost effective on a life-cycle cost basis.
    2. To consider State policies and operations that affect energy use.
    3. To devise a strategy to implement or acquire all prudent opportunities and investments in as prompt and efficient a manner as possible.
    4. To include appropriate provisions for monitoring resource and energy use and evaluating the impact of measures undertaken.
    5. To identify education, management, and other relevant policy changes that are a part of the implementation strategy.
    6. To devise a strategy to reduce greenhouse gas emissions. The Plan shall include steps to encourage more efficient trip planning, to reduce the average fuel consumption of the State fleet, to encourage alternatives to solo-commuting State employees for commuting and job-related travel, and to incorporate conventional hybrid, plug-in hybrid, and battery electric vehicles into the State fleet if cost-effective on a life-cycle basis.
    7. To provide, where feasible, for the installation of renewable energy systems including solar energy systems, which shall include equipment or building design features, or both, designed to attain the optimal mix of minimizing solar gain in the summer and maximizing solar gain during the winter, as part of the new construction or major renovation of any State building. The cost of implementation and installation will be identified as part of the budget process presented to the General Assembly.
  3. The Department of Buildings and General Services shall coordinate State purchasing decisions, according to procedures developed by the Commissioner in cooperation with the Commissioner of Public Service, to ensure comparisons based on relative life-cycle costs.
  4. The Commissioner of Buildings and General Services shall develop life-cycle cost guidelines for use in all State buildings. These guidelines shall require all new construction and major renovations to meet or exceed the current "Vermont Commercial Building Energy Standards." Where practicable, the goal shall be attaining an EPA ENERGY STAR® rating of at least 75.
    1. The Department of Buildings and General Services shall develop a State strategy to reduce overall energy consumption in existing and proposed State buildings based on energy consumption levels specified in the energy conservation standard referred to in this subsection. The Plan shall identify, in buildings at variance with the energy standards referred to in this subsection, the cost to bring the building into compliance, and energy cost savings for the remaining useful life of the building.
    2. Each State agency and department, designated by the Secretary of Administration, which constructs or manages State buildings shall, by June 30, 2005, assure that new construction or major renovation of such structures incorporates those practical energy efficiency measures and energy consuming systems that result in the lowest life-cycle cost. New construction of State buildings shall be highly efficient and shall employ optimal siting and design, given the uses to which the buildings are to be put, with respect to solar gain and temperature control. State buildings shall be shaded and ventilated and their air circulation managed, to the extent practical, instead of being cooled by air conditioning.
    3. In capital requests to the General Assembly, the Commissioner of Buildings and General Services shall include, when appropriate, work plans, budgets, and proposed financing mechanisms to accomplish these reductions in energy use.
  5. The Commissioner of Buildings and General Services shall biennially report to the Secretary of Administration on the State's implementation of this section.

    Added 1991, No. 259 (Adj. Sess.), § 3; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1995, No. 178 (Adj. Sess.), § 299; 2003, No. 121 (Adj. Sess.), § 38, eff. June 8, 2004; 2007, No. 209 (Adj. Sess.), § 1a; 2009, No. 43 , § 44, eff. May 27, 2009; 2009, No. 161 (Adj. Sess.), § 28, eff. June 4, 2010; 2013, No. 89 , § 29a; 2017, No. 139 (Adj. Sess.), § 12.

History

Revision note. Deleted "state" preceding "buildings" in the first sentence of subsec. (b) in light of 1995, No. 148 (Adj. Sess.), § 4(c)(1), pursuant to 1995, No. 178 (Adj. Sess.), § 314.

Amendments--2017 (Adj. Sess.) Subsec. (c): Added the third sentence.

Amendments--2013. Subdivision (c)(6): Deleted "and" following "fleet" and inserted ", and to incorporate conventional hybrid, plug-in hybrid, and battery electric vehicles into the State fleet if cost-effective on a life-cycle basis" following "travel".

Amendments--2009 (Adj. Sess.) Subsection (e): Amended generally.

Amendments--2009. Subsection (c): Substituted "January 15, 2010 and each sixth" for "January 15 of each fifth" preceding "year" and "2010" for "2005" following "subsequent to".

Amendments--2007 (Adj. Sess.). Subdivision (c)(7): Added.

Amendments--2003 (Adj. Sess.). Section amended generally.

Amendments--1995 (Adj. Sess.) Subsection (b): Act No. 148 substituted "department of buildings and general services" for "department of general services" in subdiv. (2)(D).

Act No. 178 inserted "and general services" following "state buildings in the first sentence and substituted "fifth year" for "second year" and "1995" for "1993" in the second sentence of subsec. (b).

§ 2291a. State agency planning and coordination.

State agencies shall engage in a continuing planning process to assure that programs and actions are consistent with the goals established in the State Agency Energy Plan required by section 2291 of this title. This planning process shall be coordinated in a manner established by the Commissioner of Buildings and General Services.

Added 2003, No. 121 (Adj. Sess.), § 39, eff. June 8, 2004.

§ 2291b. Adoption of State agency energy implementation plans.

After review by the Commissioner of Buildings and General Services and approval by the Secretary of Administration, each State agency shall adopt an implementation plan on or before August 31, 2010 to ensure compliance with the State Agency Energy Plan. Each agency shall readopt and file its implementation plan biennially with the Commissioner to ensure that the implementation plan remains compatible with the State Agency Energy Plan.

Added 2003, No. 121 (Adj. Sess.), § 40, eff. June 8, 2004; amended 2005, No. 43 , § 44, eff. June 7, 2005; 2009, No. 43 , § 45, eff. May 27, 2009.

History

Amendments--2009. Substituted "August 31, 2010" for "August 31, 2005".

Amendments--2005 Substituted "August 31, 2005" for "June 30, 2005" in the first sentence.

§ 2292. Department of Libraries.

The Department of Libraries is created in the Agency of Administration as the successor to and continuation of the State Department of Libraries. In addition to other duties assigned to it by law, the Department shall administer the programs and perform the functions assigned to it in 22 V.S.A. chapter 13 and 29 V.S.A. chapter 53.

Added 1995, No. 148 (Adj. Sess.), § 8, eff. May 6, 1996.

History

Transfer of personnel, remaining amounts for personal services and operating expenses from department of libraries to department of libraries within the agency of administration 1995, No. 148 (Adj. Sess.), § 13, eff. May 6, 1996, provided: "All employees, professional and support staff, consultants and positions and the remaining balances of all appropriation amounts for personal services and operating expenses for the department of libraries are transferred to the department of libraries within the agency of administration".

§ 2293. Repealed. 2019, No. 61, § 9.

History

Former § 2293, relating to Development Cabinet, was derived from 1999, No. 112 (Adj. Sess.), § 2 and amended by 2003, No. 42 , § 2; 2011, No. 52 , § 29; 2013, No. 178 (Adj. Sess.), § 31; and 2015, No. 11 , § 1.

§ 2294. Repealed. 2009, No. 135 (Adj. Sess.), § 26(2)(B).

History

Former § 2294. Former § 2294, relating to Technology Board, was derived from 2003, No. 31 , § 4.

Subchapter 5. Chief Performance Officer

History

Legislative purpose. 2013, No. 186 (Adj. Sess.), § 1 provides: "(a) This act is necessary for the General Assembly to obtain data-based information to know how well State government is working to achieve the population-level outcomes the General Assembly sets for Vermont's quality of life, and will assist the General Assembly in determining how best to invest taxpayer dollars.

"(b) Evaluating the results of spending taxpayer dollars will allow the General Assembly to be more forward-thinking, strategic, and responsive to the long-term needs of Vermonters and allow the Executive Branch to consider how the programs it administers could be further refined in order to produce better results.

"(c) Using the data-based information provided under this act will encourage State government to continue to move steadily toward results-based accountability and will help educate the General Assembly and Executive Branch on how to be more effective and accountable to Vermonters and will encourage a better partnership with Vermont communities."

§ 2311. Chief Performance Officer; annual State Outcomes Report.

  1. Report.
    1. Annually, on or before September 30, the Chief Performance Officer within the Agency of Administration shall submit to the General Assembly a State Outcomes Report demonstrating the State's progress in reaching the population-level outcomes for each area of Vermont's quality of life set forth in subsection (b) of this section by providing data for the population-level indicators that are approved pursuant to the process set forth in subsection (c) of this section.
    2. Vermont's population-level quality of life outcomes are intended to reflect the well-being of all Vermonters, and indicators reported to measure the extent to which outcomes are achieved are intended to represent the experience of all Vermonters, including and especially Vermonters who are members of marginalized groups.
  2. Vermont population-level quality of life outcomes.
    1. Vermont has a prosperous economy.
    2. Vermonters are healthy.
    3. Vermont's environment is clean and sustainable.
    4. Vermont is a safe place to live.
    5. Vermont's families are safe, nurturing, stable, and supported.
    6. Vermont's children and young people achieve their potential.
    7. Vermont's elders live with dignity and in settings they prefer.
    8. Vermonters with disabilities live with dignity and in settings they prefer.
    9. Vermont has open, effective, and inclusive government.
    10. Vermont's State infrastructure meets the needs of Vermonters, the economy, and the environment.
  3. Approving population-level indicators.
    1. Annually, on or before March 1, a standing committee of the General Assembly having jurisdiction over a population-level quality of life outcome set forth in subsection (b) of this section or the Chief Performance Officer may submit to the Government Accountability Committee a request that any population-level indicator related to that outcome be revised.
    2. If that request is approved by the Government Accountability Committee, the Chief Performance Officer shall revise and report on the population-level indicator in accordance with that approval and this section.
  4. The report set forth in this section shall not be subject to the limitation on the duration of agency reports set forth in 2 V.S.A. § 20(d) .

    Added 2013, No. 186 (Adj. Sess.), § 2, eff. June 11, 2014; amended 2015, No. 124 (Adj. Sess.), § 2, eff. May 23, 2016; 2017, No. 6 , § 2, eff. March 29, 2017; 2019, No. 166 (Adj. Sess.), § 18, eff. Oct. 1, 2020.

History

2017 The Agency of Administration maintains the State Outcomes Report, which contains the current indicators for the outcomes set forth in this section.

Amendments--2019 (Adj. Sess.). Subsec. (a): Added the subdiv. (1) designation and subdiv. (2).

Amendments--2017. Section amended generally.

Amendments--2015 (Adj. Sess.). Subsec. (a): Substituted "September 30" for "July 30" and "approved pursuant" for "requested pursuant".

Subdiv. (b)(8): Substituted "with a supported, motivated, and accountable State workforce" for "at the State and local levels".

Subdiv. (b)(9): Added.

Subsec. (c): Substituted "Approving" for "Requesting".

Subdiv. (c)(1): Inserted "or the Chief Performance Officer" following "of this section".

Subdiv. (c)(2): Substituted "the Chief Performance Officer shall revise and report on the population-level indicator in accordance with that approval and this section" for "the President Pro Tempore of the Senate, and the Speaker of the House, the Chief Performance Officer shall revise and report on the population-level indicator in accordance with the request".

Repeal of sunset date. 2013, No. 186 (Adj. Sess.), § 8, which provided for the repeal of this section, effective January 1, 2017, was repealed by 2015, No. 11 , § 40(2).

§ 2312. Performance accountability liaisons to the General Assembly.

  1. The Chief Performance Officer shall designate an employee in each agency of State government to be a performance accountability liaison to the General Assembly. A liaison designated under this section shall be responsible for reviewing with the General Assembly any of the population-level outcomes and indicators set forth in section 2311 of this subchapter to which that agency contributes and for responding to any other requests for results-based accountability information requested by the General Assembly.
  2. The performance accountability liaisons shall report to the Chief Performance Officer on any action taken under subsection (a) of this section.
  3. Annually, on or before July 30 and as part of any other report requirement to the General Assembly set forth in this subchapter, the Chief Performance Officer shall report to the House Committee on Appropriations and the House and Senate Committees on Government Operations on his or her analysis of the actions taken by the performance accountability liaisons under this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

    Added 2013, No. 186 (Adj. Sess.), § 2, eff. June 11, 2014; amended 2017, No. 154 (Adj. Sess.), § 18, eff. May 21, 2018.

History

Amendments--2017 (Adj. Sess.). Subsec. (c): Substituted "House Committee on Appropriations and the House and Senate Committees on Government Operations" for "General Assembly" in the first sentence and added the second sentence.

Repeal of 2014 Amendment. 2013, No. 186 (Adj. Sess.), § 9, which provided for the amendment of this section, effective January 1, 2017, was repealed by 2015, No. 11 , § 40(2).

§ 2313. Performance contracts and grants.

  1. The Chief Performance Officer shall assist agencies as necessary in developing performance measures for contracts and grants.
  2. Annually, on or before July 30 and as part of any other report requirement to the General Assembly set forth in this subchapter, the Chief Performance Officer shall report to the General Assembly on the progress by rate or percent of how many State contracts and grants have performance accountability requirements and the rate or percent of contractors' and grantees' compliance with those requirements.

    Added 2013, No. 186 (Adj. Sess.), § 2, eff. June 11, 2014.

Subchapter 6. Chief prevention officer

§ 2321. Chief Prevention Officer.

  1. There is created the permanent position of Chief Prevention Officer within the Office of the Secretary in the Agency of Administration for the purpose of coordinating, across State government and in collaboration with community partners, policies, programs, and budgets to support and improve the well-being of all Vermonters through prevention efforts. The Chief Prevention Officer shall:
    1. identify and coordinate initiatives across State government and among community stakeholder groups that improve well-being;
    2. examine promising prevention practices in other jurisdictions that may be replicated in Vermont; and
    3. improve the well-being of all Vermonters by considering population prevention measures in relation to all policy determinations.
  2. The Chief Prevention Officer shall have a master's-level degree or bachelor's-level degree in a human services field, public health, or public administration and professional-level experience in prevention, substance use disorders, public health, or a closely related field.

    Added 2019, No. 82 , § 2.

History

Legislative intent. 2019, No. 82 , § 1 provides: "It is the intent of the General Assembly that:

"(1) prevention efforts focus on social and environmental factors to ensure that all Vermonters have opportunities to be active, engaged, connected, and heard throughout their lifetimes;

"(2) substance misuse prevention efforts are consolidated and coordinated across State government to improve the health of all Vermonters;

"(3) a significant portion of any new revenue generated by taxation of substances at risk of misuse, including cannabis, tobacco, tobacco substitutes, alcohol, and opioids, be directed to fund substance misuse prevention initiatives throughout the State in accordance with the advice of the Substance Misuse Prevention Oversight and Advisory Council established in 18 V.S.A. § 4803; and

"(4) funds designated for the Opioid Coordination Council be redirected to fund the Chief Prevention Officer pursuant to 3 V.S.A. § 2321 and the Manager of Substance Misuse Prevention pursuant to 18 V.S.A. § 4804."

CHAPTER 46. AGRICULTURE

Sec.

§ 2350. Agency and Secretary created.

  1. The Department of Agriculture, Food and Markets is hereby elevated to an agency. The Commissioner of Agriculture, Food and Markets is hereby elevated to a Secretary who shall be a member of the Governor's cabinet.
  2. The Secretary of Agriculture, Food and Markets shall prepare and submit to the House and Senate Committees on Agriculture and Government Operations by January 15, 2004 for their review a report on the Agency's progress in developing a plan for the reorganization of the Agency of Agriculture, Food and Markets. Notice of the submission of the report shall be provided to all members of the General Assembly. The plan shall articulate the goals, objectives, functions, and structure proposed for the Agency. The Secretary may propose an appropriate Agency name.

    Added 2003, No. 42 , § 1, eff. May 27, 2003.

CHAPTER 47. COMMERCE AND COMMUNITY DEVELOPMENT

History

Transfer of functions. 1995, No. 190 (Adj. Sess.), § 2, provides:

"(a) The agency of commerce and community development shall succeed to all of the powers, duties, rights and responsibilities of the agency of development and community affairs on and after the effective date of this act.

"(b) The department of tourism and marketing shall succeed to all of the powers, duties, rights and responsibilities of the department of travel on and after the effective date of this act [July 1, 1996].

"(c) The rules of the agency of development and community affairs and any department of that agency in effect on the effective date of this act shall be the rules of the agency of commerce and community development or the appropriate department within the agency, until amended or repealed. All references in those rules to the 'agency of development and community affairs' shall be deemed to refer to the 'agency of commerce and community development' and the references to the 'department of travel' shall be deemed to refer to the 'department of tourism and marketing'".

Subchapter 1. Generally

§ 2401. Definitions.

In this chapter the following words mean:

  1. Agency: The Agency of Commerce and Community Development.
  2. Department: A major component of the Agency.
  3. Director: The head of a division of the Agency.
  4. Division: A major component of a department engaged in furnishing services to the public or to units of government at levels other than the State level.
  5. Commissioner: The head of a department responsible to the Secretary for the administration of the department.
  6. Secretary: The head of the Agency, a member of the Governor's cabinet and responsible to the Governor for the administration of the Agency.

    1969, No. 271 (Adj. Sess.), § 1, eff. Jan. 10, 1971; amended 1995, No. 190 (Adj. Sess.), § 1(a).

History

Amendments--1995 (Adj. Sess.) Subdivision (1): Substituted "agency of commerce and community development" for "agency of development and community affairs".

§ 2402. Commerce and Community Development.

  1. An Agency of Commerce and Community Development is created consisting of the following:
    1. The Department of Economic Development.
    2. The Department of Housing and Community Development.
    3. The Division for Historic Preservation.
    4. Vermont Life magazine.
    5. The Department of Tourism and Marketing.
    6. The Vermont Center for Geographic Information.
  2. The Agency shall contain an Administrative Support Division.
  3. , (d)  [Repealed.]

    (e) Units attached to the Agency for administrative support shall receive, and shall use, the services provided by the Administrative Services Division of the Agency under section 2474 of this title.

    Added 1969, No. 271 (Adj. Sess.), § 2, eff. Jan. 10, 1971; amended 1973, No. 267 (Adj. Sess.), § 8; 1975, No. 109 , § 1; 1991, No. 145 (Adj. Sess.), § 1 ; 1995, No. 46 , § 24; 1995, No. 190 (Adj. Sess.), §§ 1(a), 1(c); 2013, No. 179 (Adj. Sess.), § E.800.3.

History

Revision note. In subdiv. (a)(1), substituted "department of economic development" for "department of development" for purposes of conformity with 1991, No. 145 (Adj. Sess.), § 2. See 3 V.S.A. § 2471.

In subdiv. (a)(2), substituted "department of housing and community affairs" for "department of community affairs" to conform reference to § 2472 of this title.

In subsec. (e), substituted "administrative services division" for "administrative service division" to conform reference to § 2474 of this title.

Amendments--2013 (Adj. Sess.). Subdivision (a)(2): Substituted "Department of Housing and Community Development" for "department of housing and community affairs".

Subdivision (a)(6): Added.

Amendments--1995 (Adj. Sess.) Subsection (a): Substituted "agency of commerce and community development" for "agency of development and community affairs" in the introductory paragraph and "department of tourism and marketing" for "department of travel" in subdiv. (5).

Amendments--1995. Subsection (b): Amended generally.

Amendments--1991 (Adj. Sess.). Subsection (a): Added subdivs. (4) and (5).

Amendments--1975. Subdivision (a)(3): Substituted "division for historic preservation" for "board of historic sites".

Amendments--1973 (Adj. Sess.). Subsections (c) and (d): Repealed.

Cross References

Cross references. Community development board created within Agency of Commerce and Community Development, see 10 V.S.A. § 685.

Department of Tourism and Marketing, see § 2476 of this title.

ANNOTATIONS

Cited. Sprague v. University of Vermont, 661 F. Supp. 1132 (D. Vt. 1987).

§ 2403. Advisory capacity.

All boards and commissions which under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards and commissions, including administrative, policy making, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency. Boards of registration attached to this Agency shall retain and exercise all existing authority with respect to licensing of the persons registered or applying for registration.

Added 1969, No. 271 (Adj. Sess.), § 3, eff. Jan. 10, 1971.

§ 2404. Personnel designation.

The Secretary, Deputy Secretary, Commissioner, Deputy Commissioner, attorneys, and all members of boards, committees, commissions, or councils attached to the Department for support are exempt from the classified state service. Except as authorized by section 311 of this title or otherwise by laws, all other positions shall be within the classified service.

Added 1969, No. 271 (Adj. Sess.), § 6(b), eff. Jan. 10, 1971; amended 1993, No. 227 (Adj. Sess.), § 11.

History

Amendments--1993 (Adj. Sess.). Inserted "deputy secretary" following "the secretary" and "attorneys" preceding "and all members" in the first sentence and added "except as authorized by section 311 of this title or otherwise by laws" preceding "all other" in the second sentence.

Applicability--1993 (Adj. Sess.). 1993, No. 227 (Adj. Sess.), § 37, eff. June 17, 1994, provided that the amendment to this section by section 11 of the act shall take effect with respect to any of the newly created exempt positions under that section at the time a vacancy occurs in the position, unless classified attorneys occupying those positions on June 30, 1994 elect to become exempt employees.

Subchapter 2. Secretary

§ 2421. Appointment and salary.

  1. The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.
  2. [Repealed.]

    Added 1969, No. 271 (Adj. Sess.), § 4(a), (c), eff. Jan. 10, 1971; amended 1971, No. 191 (Adj. Sess.), § 16.

History

Amendments--1971 (Adj. Sess.). Subsection (b): Repealed.

§ 2422. Budget and report.

The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency.

Added 1969, No. 271 (Adj. Sess.), § 4(b), eff. Jan. 10, 1971; amended 2009, No. 33 , § 7.

History

Amendments--2009. Deleted the former second sentence.

§ 2423. Deputy Secretary.

  1. The Secretary, with the approval of the Governor, may appoint a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary prescribes.  The Deputy Secretary shall be exempt from the classified service.  The appointment shall be in writing and recorded in the Office of the Secretary of State.
  2. The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary's absence. In case a vacancy occurs in the Office of the Secretary the Deputy shall assume and discharge the duties of the office until the vacancy is filled.

    Added 1969, No. 271 (Adj. Sess.), § 4(d), eff. Jan. 10, 1971; amended 1989, No. 67 , § 20.

History

Amendments--1989. Amended section generally.

§ 2424. Advisory councils or committees.

The Secretary, with the approval of the Governor, may create such advisory councils or committees as he or she deems necessary within the Agency, and appoint members thereto for terms not exceeding his or hers.

Added 1969, No. 271 (Adj. Sess.), § 4(g), eff. Jan. 10, 1971.

§ 2425. Transfer of personnel and appropriations.

  1. The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules.
  2. The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriation was made.

    Added 1969, No. 271 (Adj. Sess.), § 4(e), (f), eff. Jan. 10, 1971.

Subchapter 3. Commissioners and Directors

§ 2451. Commissioners - Appointment; term.

The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary.

Added 1969, No. 271 (Adj. Sess.), § 5(a), eff. Jan. 10, 1971.

§ 2452. Mandatory duties.

  1. The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.
  2. In addition to other duties imposed by law, the commissioner shall:
    1. administer the laws assigned to the department;
    2. coordinate and integrate the work of the divisions;
    3. supervise and control all staff functions.

      Added 1969, No. 271 (Adj. Sess.), § 5(b), (c), eff. Jan. 10, 1971.

§ 2453. Permissive duties; approval of Secretary.

The commissioner may, with the approval of the Secretary:

  1. Transfer appropriations or parts thereof within or between divisions and branches, consistent with the purposes for which the appropriation was made.
  2. Transfer classified positions within or between divisions subject only to State personnel laws and regulations.
  3. Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.
  4. Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department.
  5. Make regulations consistent with law for the internal administration of the department and its programs.
  6. Appoint a deputy commissioner.
  7. Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers.
  8. Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places.
  9. Organize, reorganize, transfer, or abolish divisions, staff function sections within the department.  This authority shall not extend to divisions or other bodies created by law.

    Added 1969, No. 271 (Adj. Sess.), § 5(d), eff. Jan. 10, 1971.

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

§ 2454. Directors.

  1. A director shall administer each division created within the department.  The commissioners, with the approval of the Secretary, shall appoint the directors for divisions which are part of a department, and the Secretary shall appoint any other directors. All directors shall be appointed subject to section 12 of this act.
  2. Each division and its officers shall be under the direction and control of the appointing authority, except with regard to judicial or quasi-judicial acts or duties vested in them by law.
  3. No rule or regulation may be issued by a director of a division without the approval of the appointing authority.

    Added 1969, No. 271 (Adj. Sess.), § 6(a), (c), (d), eff. Jan. 10, 1971.

History

Reference in text. The reference to "section 12 of this act" in subsec. (a), is 1969, No. 271 (Adj. Sess.), § 12, which provided: "Each commissioner and deputy commissioner of a department within the agency of development and community affairs who is in office on the effective date of this act [Jan. 10, 1971] shall continue in office in accordance with the provisions of law in effect immediately prior to the taking effect of this act, until the expiration of his term of office unless he sooner dies or resigns or is removed from office as provided by law. In the event that the term of office of any commissioner under existing law is indefinite, it shall be deemed to expire on February 28, 1971. Each division director of a department in office on the effective date of this act shall continue in office in accordance with the rules and regulations of the classified personnel system, under 3 V.S.A. chapter 13".

Subchapter 4. Departments, Divisions, and Boards

§ 2471. Department of Economic Development.

The Department of Economic Development is created within the Agency of Commerce and Community Development as the successor to and the continuation of the Department of Development.

Added 1969, No. 271 (Adj. Sess.), § 7, eff. Jan. 10, 1971; amended 1991, No. 145 (Adj. Sess.), § 2; 1995, No. 190 (Adj. Sess.), § 1(a).

History

Revision note. In the catchline, substituted "Department of development" for "Development department" to conform the catchline to the terminology employed in the text of the section.

Amendments--1995 (Adj. Sess.) Substituted "agency of commerce and community development" for "agency of development and community affairs".

Amendments--1991 (Adj. Sess.). Inserted "economic" following "department of" in the section catchline and at the beginning of the text of the section, and substituted "department of development" for "development department" following "continuation of the".

ANNOTATIONS

1. Authority.

For opinions discussing authority of former development board under 10 V.S.A. § 1, see, 1960-62 Op. Atty. Gen. 110, (comprehensive planning), 1958 Op. Atty. Gen. 210.

§ 2471a. The Vermont Business Registry.

  1. The Department of Economic Development shall develop and maintain a Vermont Business Registry. The Registry shall develop a comprehensive database of information on Vermont businesses, including information on industrial classification, size (including employment size and annual revenues), ownership characteristics (including type of business entity, gender, race, nationality, incidence of low- and moderate-income ownership, and percent of the ownership with such characteristics), location, and export data. In developing the Registry, the Department shall affirmatively conduct outreach and request, but not require, information from all Vermont businesses.
  2. The Department shall design the Registry so that it is easily accessible to persons seeking information about Vermont businesses and to instrumentalities involved in Vermont's economic development efforts, including the Vermont Economic Development Authority, Job Start, Vermont's financial institutions, the regional development corporations, and the small business development centers. Such instrumentalities may use the Registry to ensure that they are providing a fair share of technical and financial assistance to the Vermont businesses that comprise their target market. Such instrumentalities may use the Registry's demographic information to evaluate the appropriate types and distribution of public and private economic development services to Vermont businesses.

    Added 1993, No. 89 , § 19.

§ 2471b. Government Marketing Assistance Center.

  1. The Department of Economic Development shall create and administer a Government Marketing Assistance Center. The purpose of this Center shall be to provide information on federal, State, and municipal government contract opportunities and assistance on how to bid competitively for government contracts and to develop and maintain a database of federal, State, and municipal contracts.
  2. The Department of Economic Development may charge an annual fee of up to $50.00 from each person who accesses the Government Marketing Assistance Center database of federal, State, and local contracts.
  3. Fees collected under this section shall be credited to a special fund and shall be available to the Department of Economic Development for the purposes of maintaining databases that provide information to Vermont businesses and providing services associated with those databases.

    Added 2003, No. 70 (Adj. Sess.), § 27, eff. March 1, 2004.

§ 2471c. Repealed. 2015, No. 58, § E.802, effective June 11, 2015.

History

Former § 2471c. Former § 2471c, relating to the Office of Creative Economy; Vermont Film Commission, was derived from 2011, No. 52 , § 15.

§ 2471d. Repealed. 2019, No. 61, § 11.

History

Former § 2471d, relating to the Vermont Film and New Media Advisory Board, was derived from 2011, No. 52 , § 17.

§ 2472. Department of Housing and Community Development.

  1. The Department of Housing and Community Development is created within the Agency of Commerce and Community Development. The Department shall:
    1. Be the central State agency to coordinate, consolidate, and operate, to the extent possible, all housing programs enacted hereafter by the General Assembly or created by executive order of the Governor.
    2. Be the central State agency for local and regional planning and coordination.
    3. Administer the Community Development Block Grant Program pursuant to 10 V.S.A. chapter 29. When awarding municipal planning grants prior to fiscal year 2012, the Department shall give priority to grants for downtowns, new town centers, growth centers, and Vermont neighborhoods.
    4. In partnership with the Division for Historic Preservation, direct, supervise, and administer the Vermont Downtown Program, and any other program designed to preserve the continued economic vitality of the State's traditional commercial districts.
    5. In conjunction with the Vermont Housing Finance Agency, annually publish data and information to enable the public to determine income levels and costs for owner-occupied and rental housing to qualify as affordable housing, as defined in 24 V.S.A. § 4303 and 10 V.S.A. § 6001(29) , including:
      1. the median income for each Vermont county, as defined by the U.S. Department of Housing and Urban Development;
      2. the standard metropolitan statistical area median income for each municipality located in such an area, as defined by the U.S. Department of Housing and Urban Development; and
      3. the statewide median income, as defined by the U.S. Department of Housing and Urban Development.
  2. Neither the Vermont State Housing Authority or the Vermont Housing Finance Agency shall be considered part of the Department, but shall keep the Department advised of programs and activities being conducted.

    Added 1969, No. 271 (Adj. Sess.), § 8, eff. Jan. 10, 1971; amended 1991, No. 145 (Adj. Sess.), § 3 ; 1995, No. 46 , § 25; 1995, No. 190 (Adj. Sess.), § 1(a); 2007, No. 176 (Adj. Sess.), § 22a, eff. May 28, 2008; 2015, No. 51 , § D.2; 2017, No. 69 , § H.7, eff. June 28, 2017.

History

2008. 2007, No. 176 (Adj. Sess.), § 22a, provided for the amendment of subdivision (a)(3) of § 2473 of this title. However, the text amended by the act was contained in subdiv. (a)(3) of § 2472 of this title. Therefore, the amendment by 2007, No. 176 (Adj. Sess.) was implemented in that subdivision.

Amendments--2017. Subdiv. (a)(5): Added.

Amendments--2015. Substituted "development" for "affairs" following "community" in the section heading, rewrote subsec. (a), and substituted "Housing Finance Agency" for "home mortgage guarantee board agency" following "Vermont" and deleted "of housing and community affairs" following "part of the Department" in subsec. (b).

Amendments--2007 (Adj. Sess.). Subdivision (a)(3): Added the second sentence.

Amendments--1995 (Adj. Sess.) Subsection (a): Substituted "agency of commerce and community development" for "agency of development and community affairs".

Amendments--1995. Subdivision (a)(4): Added.

Amendments--1991 (Adj. Sess.). Amended section generally.

Effective date of 2017 amendment. 2017, No. 69 , § N.1(b) provides that the amendments to this section shall take effect on the date of enactment of the fiscal year 2018 annual budget bill, which occurred on June 28, 2017.

§ 2472a. Historic site markers program.

A program for the erection of historic site markers is created within the Agency of Commerce and Community Development and shall be administered by the State Historic Preservation Officer. The Preservation Officer shall oversee the erection, restoration, and maintenance of historic site markers. In performing these duties, the Preservation Officer shall consult with the Vermont Historical Society, the University of Vermont Historic Preservation Program, the Preservation Trust of Vermont, and other similar entities.

Added 1995, No. 185 (Adj. Sess.), § 4a, eff. May 22, 1996; amended 2009, No. 33 , § 8.

History

2009. Substituted "commerce and community development" for "developmental and community affairs" to correct the name of the agency of jurisdiction.

Amendments--2009. Deleted "annually recommend 30 sites for the funding of historic site markers to the house and senate institutions committees, and shall" preceding "oversee".

§ 2473. Division for Historic Preservation.

The Division for Historic Preservation is created within the Department of Housing and Community Development as the successor to and the continuation of the Board of Historic Sites and the Division of Historic Sites.

Added 1969, No. 271 (Adj. Sess.), § 9, eff. Jan. 10, 1971; amended 1975, No. 109 , § 2; 1995, No. 190 (Adj. Sess.), § 3; 2015, No. 51 , § D.2; 2017, No. 113 (Adj. Sess.), § 4.

History

Amendments--2017 (Adj. Sess.). Substituted "for" for "of" preceding "Historic".

Amendments--2015. Substituted "Department of Housing and Community Development" for "department of housing and community affairs".

Amendments--1995 (Adj. Sess.) Substituted "department of housing and community affairs" for "agency of development and community affairs".

Amendments--1975. Substituted "for historic preservation" for "of historic sites" following "division" in the catchline and preceding "is created" in the text and added "and the division of historic sites" following "board of historic sites".

Cross References

Cross references. Division for historic preservation generally, see 22 V.S.A. § 721 et seq.

§ 2473a. Vermont Life magazine.

  1. The Department of Tourism and Marketing, within the Agency of Commerce and Community Development, shall be responsible for the publication of Vermont Life magazine. The mission of Vermont Life magazine shall be to promote subtly the State in a premier-quality magazine filled with the best writing, illustration, art, and photography Vermont has to offer. Every issue of Vermont Life magazine shall celebrate the unique heritage, countryside, traditions, and people of Vermont and explore issues of contemporary interest to Vermonters and visitors of the State.
  2. The overall operations of Vermont Life magazine shall be managed by a publisher, who shall be a State employee exempt from the classified service and who shall report to the Commissioner of Tourism and Marketing. The editorial functions of Vermont Life magazine shall be directed by an editor, who shall be a State employee exempt from the classified service and who shall report to the publisher. Vermont Life magazine editorial decisions shall be made by Vermont Life magazine editorial staff pursuant to the mission of the magazine and shall be protected from and independent of outside influence, including that from the Legislative or Executive Branch of State government.
  3. An enterprise fund for the operation of Vermont Life magazine is created, which shall consist of all revenues derived from the sale of Vermont Life magazine, advertising in Vermont Life magazine, the sale of other products under the Vermont Life label, digital and other emerging media, advisory services, sponsorships, grants, events, promotions, competitions, partnerships, licensing, fundraisers, markups on retail sales of other parties' products, other commercial activities that are consistent with Vermont Life values and supportive of the Vermont brand and approved by the Secretary with the consultation of the Vermont Life Advisory Board established in Executive Order #22-2, any interest earned by Vermont Life magazine, and all sums which are from time to time appropriated for the support of Vermont Life magazine and its operations.
  4. All expenses incurred in the production, publication, and sale of Vermont Life magazine, advertising, and other products under the Vermont Life label shall be paid from the Enterprise Fund.
  5. The receipt and expenditure of monies from the Enterprise Fund shall be under the supervision of the business manager and at the direction of the publisher, subject to the provisions of this section. Vermont Life magazine shall maintain accurate and complete records of all receipts and expenditures by and from the Fund.

    Added 1991, No. 145 (Adj. Sess.), § 4; amended 1995, No. 46 , § 26; 1995, No. 190 (Adj. Sess.), § 6; 2007, No. 11 , § 1, eff. April 26, 2007; 2007, No. 121 (Adj. Sess.), § 1; 2011, No. 139 (Adj. Sess.), § 3, eff. May 14, 2012; 2011, No. 162 (Adj. Sess.), § E.806.

History

2011 (Adj. Sess.). The amendments by Act Nos. 139 and 162 with respect to subsec. (e) of this section were reconciled into a final version.

Amendments--2011 (Adj. Sess.). Subsection (c): Act 162 substituted "An enterprise" for "A revolving" preceding "fund" and inserted "digital and other emerging media, advisory services, sponsorships, grants, events, promotions, competitions, partnerships, licensing, fundraisers, markups on retail sales of other parties' products, other commercial activities that are consistent with Vermont Life values and supportive of the Vermont brand and approved by the secretary with the consultation of the Vermont Life Advisory Board established in Executive Order #22-2" following "label,".

Subsection (d): Act 162 substituted "enterprise" for "revolving" preceding "fund".

Subsection (e): Act 139 deleted "and shall make an annual report on the condition of the fund to the secretary of the agency, who shall in turn provide the report to the secretary of administration" from the end of the last sentence.

Subsection (e): Act 162 substituted "enterprise" for "revolving" preceding "fund".

Amendments--2007 (Adj. Sess.) Subsection (e): Deleted the last sentence.

Amendments--2007. Amended generally.

Amendments--1995 (Adj. Sess.) Subsection (a): Substituted "department of tourism and marketing within the agency of commerce and community development" for "agency", deleted "primarily" preceding "managed" and substituted "commissioner of tourism and marketing" for "secretary" following "report to the".

Amendments--1995. Subsection (b): Inserted "any interest earned by Vermont Life magazine" following "label".

Cross References

Cross references. Audits of State departments, institutions, agencies, and trustees of funds, see 32 V.S.A. § 163.

Vermont Life Advisory Board, see Executive Order No. 30-86, 3 App. V.S.A. chapter 22.

§ 2474. Administrative Services Division.

  1. The Administrative Services Division of the Agency is created.  It shall be administered by a Director of Administrative Services who shall be in the classified service.
  2. The Administrative Services Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:
    1. personnel administration;
    2. finance and accounting;
    3. coordination of filing and records maintenance activities;
    4. provision of facilities, office space, and equipment and the care thereof;
    5. requisitioning from the Department of Buildings and General Services of the Agency of Administration, of supplies, equipment, and other requirements;
    6. management improvement services; and
    7. other administrative service functions as may be assigned to it by the Secretary.
  3. Other provisions of law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Administrative Services Division.

    Added 1969, No. 271 (Adj. Sess.), § 10, eff. Jan. 10, 1971; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Revision note. Substituted "department of general services" for "purchasing division" in subdiv. (b)(5) in light of Executive Order No. 35-87, which provided for the abolition of the division of purchasing and the transfer of the duties, responsibilities, authority, authorized positions and equipment of that entity to the department of general services as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix.

Amendments--1995 (Adj. Sess.) Subdivision (b)(5): Substituted "department of buildings and general services" for "department of general services".

§ 2475. Vermont Center for Geographic Information.

The Vermont Center for Geographic Information is created as a division within the Agency of Commerce and Community Development and shall be administered and have the duties as set forth in 10 V.S.A. chapter 8 (geographic information).

Added 2013, No. 179 (Adj. Sess.), § E.800.4.

History

Former § 2475. Former § 2475, relating to the planning division of the agency of development and community affairs, was derived from 1969, No. 271 (Adj. Sess.), § 11. This section was previously repealed by 1995, No. 46 , § 29.

§ 2476. Department of Tourism and Marketing.

  1. Creation.  The Department of Tourism and Marketing is created within the Agency of Commerce and Community Development. The Department shall be administered by a Commissioner.
  2. Tourism marketing.  The Department shall be responsible for the promotion of Vermont's travel, recreation, and cultural attractions through advertising and other informational programs, and for provision of travel and recreation information and services to visitors to the State, in coordination with other agencies of State government, chambers of commerce and travel associations, and the private sector in order to increase the benefits of tourism marketing, including:
    1. enhancing Vermont's image as a tourist destination in the regional, national, and global marketplace;
    2. increasing occupancy rates;
    3. increasing visitor spending throughout the State; and
    4. increasing State revenues generated through the rooms and meals tax.
  3. Economic development marketing.  The Department shall be responsible for the promotion of Vermont as great place to live, work, and do business in order to increase the benefits of economic development marketing, including:
    1. attracting additional private investment in Vermont businesses;
    2. recruiting new businesses;
    3. attracting more innovators and entrepreneurs to locate in Vermont;
    4. attracting, recruiting, and growing the workforce to fill existing vacancies in growing businesses; and
    5. promoting and supporting Vermont businesses, goods, and services.
  4. On and after July 1, 1997, all departments engaging in marketing activities shall submit to and coordinate marketing plans with the Commissioner.
  5. The Department may conduct direct marketing activities pursuant to this chapter or 10 V.S.A. chapter 27, and shall work to increase marketing activities conducted in partnership with one or more private sector partners to maximize State marketing resources and to enable Vermont businesses to align their own brand identities with the Vermont brand, enhancing the reputations of both the business and the State.
  6. Building on established, successful collaboration with private partners in travel and tourism, agriculture, and other industry sectors, the Department shall have the authority to extend its marketing and promotional resources to include partners in the arts and humanities, as well as other partners that depend on tourism for a significant part of their annual revenue.
  7. The Department shall expand its outreach and information-gathering procedures to allow Vermont businesses and other interested stakeholders to comment on the design and implementation of its tourism marketing and economic development marketing initiatives and also to provide ongoing feedback to the Department on the effectiveness of its initiatives.

    Added 1987, No. 83 , § 4; amended 1991, No. 145 (Adj. Sess.), § 5; 1995, No. 186 (Adj. Sess.), § 24, eff. May 22, 1996; 1995, No. 190 (Adj. Sess.), § 5; 1999, No. 152 (Adj. Sess.), § 215b, eff. May 29, 2000; 2007, No. 153 (Adj. Sess.), § 23; 2009, No. 33 , § 83; 2009, No. 146 (Adj. Sess.), § G22, eff. June 1, 2010; 2015, No. 51 , § D.2.

History

Revision note. Subsection (c), as added by 1995, No. 190 (Adj. Sess.), § 5, was redesignated as subsec. (d) to avoid conflict with subsec. (c) as previously added by 1995, No. 186 (Adj. Sess.), § 24.

Amendments--2015. Amended section generally.

Amendments--2009 (Adj. Sess.). Subsections (e), (f): Added.

Amendments--2009. Subsection (d): Repealed.

Amendments--2007 (Adj. Sess.). Deleted former subsection (c); redesignated former subsec. (d) as present subsec. (c), and in subsec. (c) deleted the first sentence; and redesignated former subsec. (e) as present subsec. (d).

Amendments--1999 (Adj. Sess.) Subsection (e): Added.

Amendments--1995 (Adj. Sess.) Act No. 186 added subsec. (c).

Act No. 190 substituted "tourism and marketing" for "travel" in the section catchline and preceding "of the agency" and "department of travel" for "Vermont travel division" in the first sentence of subsec. (a), rewrote subsec. (b) and added subsec. (c).

Amendments--1991 (Adj. Sess.). Rewrote section catchline, amended subsec. (a) generally, and substituted "department of travel" for "Vermont travel division" preceding "shall be" and "recreation and cultural" for "and recreation" preceding "destination" in subsec. (b).

Transfer of functions. 1995, No. 190 (Adj. Sess.), § 2(b), provided: "The department of tourism and marketing shall succeed to all of the powers, duties, rights and responsibilities of the department of travel on and after the effective date of this act [July 1, 1996]".

§ 2477. Rental Housing Advisory Board.

    1. The Department of Housing and Community Development shall create the Rental Housing Advisory Board consisting of 11 members, each of whom shall be a resident of Vermont and shall be appointed by the Commissioner of the Department, as follows: (a) (1) The Department of Housing and Community Development shall create the Rental Housing Advisory Board consisting of 11 members, each of whom shall be a resident of Vermont and shall be appointed by the Commissioner of the Department, as follows:
      1. three members representing landlords, one of whom is a for-profit landlord and one of whom represents a nonprofit housing provider;
      2. three members representing tenants;
      3. three members representing municipalities; and
      4. two members of the public.
    2. A member shall serve a term of three years.
    3. The Board shall annually elect a chair from among its members.
    4. A majority of the Board shall constitute a quorum for transacting business.
    5. The Board shall take action by a majority vote of the members present and voting.
  1. The Board shall be staffed by the Department, which, along with the Departments of Health and of Public Safety, shall provide support to the Board as required.
  2. The Board shall have the following powers and duties:
    1. to act as an advisory group to the Governor, General Assembly, and appropriate State agencies on issues related to rental housing statutes, policies, and regulations;
    2. to report regularly to the Vermont Housing Council on its deliberations and recommendations;
    3. to work with appropriate State agencies on developing adequate data on the location and condition of Vermont's rental housing stock;
    4. to provide guidance to the State on the implementation of programs, policies, and regulations better to support decent, safe, and sanitary housing, including recommendations for incentives and programs to assist landlords with building repairs;
    5. to provide information to community partners, municipalities, landlords, and tenants, including educational materials on applicable rental housing statutes, regulations, and ordinances; and
    6. in preparation for a natural disaster, to collect information regarding available resources, disaster-related information, and community needs, and, in the event of a natural disaster, work with government authorities in charge of disaster response and communication.

      Added 2017, No. 188 (Adj. Sess.), § 1, eff. May 28, 2018.

Subchapter 5. Market Vermont

§ 2501. Definitions.

As used in this subchapter, "Program" means the Market Vermont Program created by this subchapter.

Added, 1991, No. 182 (Adj. Sess.), § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2003, No. 42 , § 2, eff. May 27, 2003.

History

2003. The definitions for "Agency," "Commissioner," "Department," and "Secretary" were deleted in order that the subchapter be revised to be in conformance with the provisions of Sec. 2 of No. 42 of 2003 directing the legislative council to redesignate in Title 3 of the Vermont Statutes Annotated the "Commissioner of Agriculture, Food and Markets" as the "Secretary of Agriculture, Food and Markets" and the "Department of Agriculture, Food and Markets" as the "Agency of Agriculture, Food and Markets." Chapter redesignated as subchapter to conform to V.S.A. style.

Amendments--1995 (Adj. Sess.) Substituted "agency of commerce and community development" for "agency of development and community affairs" in subdivs. (1) and (5).

§ 2502. Market Vermont Program.

The Market Vermont Program is hereby created. It shall be directed jointly by the Secretary of Agriculture, Food and Markets and by the Secretary of Commerce and Community Development. Notwithstanding 3 V.S.A. chapters 13 and 14 or any other contrary provision of law, the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall have the authority to enter into one or more written contracts with persons or entities for the administration of the Program. Any such contract shall provide for the sufficient oversight, review, and control by the Secretary of Agriculture, Food and Markets and by the Secretary of Commerce and Community Development, or their designees, to ensure that the Program purposes are achieved. Where they deem it appropriate, the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development may enter into a memorandum of understanding concerning the operation of the Program or concerning the contracting with persons or entities for the administration of the Program. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development issue rules to carry out the purposes of this subchapter.

Added 1991, No. 182 (Adj. Sess.), § 1; 2001, No. 63 , § 224a.

History

2003. Throughout the section, substituted "the secretary of the agency of agriculture, food and markets and the secretary of the agency of commerce and community development" for "the secretary and commissioner" and in the third sentence, substituted "by the secretary of the agency of agriculture, food and markets and by the secretary of the agency of commerce and community development" for "by the secretary and by the commissioner" in conformance with Sec. 2 of No. 42 of 2003.

Amendments--2001. Amended section generally.

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

§ 2503. Repealed. 2009, No. 135 (Adj. Sess.), § 26(2)(C).

History

Former § 2503. Former § 2503, relating to Market Vermont Advisory Board, was derived from 1991, No. 182 (Adj. Sess.), § 1.

§ 2504. Market Vermont logo.

  1. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall develop categories and standards designed to identify those Vermont goods, services, and experiences which best portray and promote Vermont's reputation for high standards of quality.
  2. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall develop an identification label or labels which may be used to identify Vermont goods, services, and experiences as quality Vermont products. Any logo developed pursuant to this section shall be filed with the Secretary of State who shall register the logo as a trademark pursuant to 9 V.S.A. chapter 71, subchapter 1. The logo shall remain a registered trademark of the program until it is withdrawn by the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development.
  3. Persons wishing to apply for the identification logo shall be provided with application forms by the Secretary of Agriculture, Food and Markets or the Secretary of Commerce and Community Development. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall establish a process for reviewing the applications to determine if the applicant meets the standards established for that particular category of goods, services, or experiences. No person participating in the process may be held liable for any decision or recommendation made about the granting or denial of the use of the market Vermont logo. In the event that an application is rejected, the applicant may request that the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development reconsider. If the application is again denied, the decision shall be final, unless the applicant can demonstrate that the goods, service, or experience has been altered in order to bring it in line with the standards established for that product.
  4. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development may require periodic reapplication for the use of the market Vermont logo and may revoke the right of any person to use the market Vermont logo any time they determine a product does not meet the standards established for that type of goods, service, or experience. There shall be no right to a hearing on such a decision, unless such a right is established by rule.
  5. [Repealed.]
  6. The Secretary of Commerce and Community Development may require an annual fee not to exceed $150.00 per product line enrolled in the program, which shall be based upon the actual costs to the agencies, to be paid by persons participating in the program, and to be applied toward administration and promotion of the program.

    Added 1991, No. 182 (Adj. Sess.), § 1; amended 1997, No. 59 , § 30, eff. June 30, 1997; 2003, No. 70 (Adj. Sess.), § 28, eff. March 1, 2004; 2009, No. 135 (Adj. Sess.), § 1; 2013, No. 72 , § 15; 2013, No. 191 (Adj. Sess.), § 4.

History

2003. In subsections (a) through (d), substituted "the secretary of the agency of agriculture, food and markets and the secretary of the agency of commerce and community development" for "the secretary and commissioner" and in subsec. (c), at the end of the first sentence, substituted "the secretary of the agency of commerce and community development or the secretary of the agency of agriculture, food and markets" for "commissioner or secretary" in conformance with Sec. 2 of No. 42 of 2003.

Amendments--2013 (Adj. Sess.). Subsection (a): Made stylistic changes.

Subsection (e): Repealed.

Subsection (f): Added.

Amendments--2013. In subsection (c), in the first sentence, substituted "Secretary of Agriculture, Food and Markets or the Secretary of Commerce and Community Development" for "secretary of the agency of commerce and community development or the secretary of the agency of agriculture, food and markets" and in the third sentence deleted "jury" preceding "process" and deleted former subsec. (e).

Amendments--2009 (Adj. Sess.) Subsection (a): Deleted "in consultation with the market Vermont board" following "community development".

Amendments--2003 (Adj. Sess.). Subsection (e): Amended generally.

Amendments--1997. Subdivision (e)(1): Added the last sentence.

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

§ 2505. Market Vermont Fund.

  1. The Market Vermont Fund is hereby established. The Fund shall comprise fees collected under section 2504 of this title and any monies appropriated by the General Assembly. The Fund shall be used for the administration and advertising of the Market Vermont program established by this chapter.
  2. The special fund created by subsection (a) of this section shall be organized and managed pursuant to 32 V.S.A. chapter 7, subchapter 5.

    Added 1991, No. 182 (Adj. Sess.), § 1; amended 1997, No. 59 , § 31, eff. June 30, 1997.

History

Amendments--1997. Subsection (b): Amended generally.

§ 2506. Penalties.

Any person who uses the Market Vermont logo without authority, after it has been filed with the Secretary of State in accordance with section 2504 of this title, shall be deemed to have committed an unfair or deceptive act or practice within the meaning of 9 V.S.A. § 2453 and shall be subject to the penalties and injunctive authority provided in 9 V.S.A. chapter 63.

Added 1991, No. 182 (Adj. Sess.), § 1.

Subchapter 6. Recapture of Development Incentives

§ 2510. Findings.

The General Assembly finds that a number of programs and tax credits have been established which encourage the development of businesses and jobs in the State of Vermont. The General Assembly also finds that some beneficiaries leave this State before the State derives any benefit from the assistance. Therefore, it is the public policy of the State of Vermont to recapture any benefits that it has granted to any business if, within a qualified period after the benefit was bestowed, that business decides to leave the State or to otherwise curtail its activity to a point lower than represented when the benefit was granted.

Added 1993, No. 221 (Adj. Sess.), § 10.

§ 2511. Definitions.

As used in this subchapter:

  1. "Benefit" means any abatement, loan, or grant awarded to the business as enumerated in subdivision (2) of this section.
  2. "Business" means any individual, partnership, corporation, or other entity that has been granted a tax abatement pursuant to the provisions of Title 24, or has been granted a loan or a grant by any board, commission, or program established under the provisions of Title 10 or 24, or under the provisions of this title.
  3. "Commissioner" means the Commissioner of Taxes.
  4. "Qualified period" means a period of five years after the initial grant of a benefit or a time period set forth in any agreement executed by the State subsequent to the effective date of this subchapter.

    Added 1993, No. 221 (Adj. Sess.), § 10.

§ 2512. Notice.

  1. A business shall notify the agency or department which granted the benefit in writing within 60 days after the business closes or substantially curtails the operation of the trade or business within the qualified period.
  2. A business shall be considered to be substantially curtailed when the average number of full-time equivalent employees in any one calendar year is less than 50 percent of the highest average number of full-time equivalent employees in any prior year in the qualified period.
  3. A business shall not be considered to be substantially curtailed or closed when that business has relocated to another location within the State of Vermont or been sold but is still located within the State, provided that the employment test of subsection (b) of this section is met.

    Added 1993, No. 221 (Adj. Sess.), § 10.

Cross References

Cross references. Failure to give notice, see § 2515 of this title.

§ 2513. Action on notice.

  1. The agency or department shall notify the Commissioner of the amount of the benefit conferred to the business over the qualified period.
  2. The Commissioner shall:
    1. assess such amount of benefit conferred against the business or the successors in interest to that business; and
    2. notify the business or successor in interest of the assessment by certified mail within 30 days of receiving notice pursuant to subsection (a) of this section.
  3. The agency or department which granted the benefit shall:
    1. Provide a hearing within 30 days, if one is requested by the business within 15 days of assessment by the Commissioner. An aggrieved business may within 30 days appeal a determination by the agency or department to the Washington Superior Court or the Superior Court of the county of the place of business.
    2. Have the discretion to reduce the amount of the benefit which it requests the Commissioner to assess, upon showing of good cause.
    1. A business shall pay an assessment within 90 days of the date of assessment or 30 days after the final decision of the agency, department, or court as a result of a hearing pursuant to this subchapter. (d) (1)  A business shall pay an assessment within 90 days of the date of assessment or 30 days after the final decision of the agency, department, or court as a result of a hearing pursuant to this subchapter.
    2. Assessments under this subsection shall bear interest from the date of assessment at the rate determined under 32 V.S.A. § 3108 .

      Added 1993, No. 221 (Adj. Sess.), § 10.

§ 2514. Enforcement.

  1. Any assessment made pursuant to this subchapter shall be a debt against the business, or the successors in interest who are not bona fide purchasers as that term is defined under the Uniform Commercial Code, 9A V.S.A., or the principles of the business, or the applicants who applied for the benefit, or the promisors or guarantors who acted as accommodation parties to facilitate the benefit.
  2. The Commissioner may file a security interest against the property of the business or person liable under subsection (a) of this section.
  3. The Commissioner may bring a civil action in Washington County Superior Court against any business or person set forth in subsection (a) of this section who fails to make payment by the date set forth in section 2513 of this title and may seek from the court penalties of no more than $10,000.00 if that business or person set forth in subsection (a) of this section has failed to provide the notice required under section 2512 of this title.

    Added 1993, No. 221 (Adj. Sess.), § 10.

§ 2515. Failure to give notice.

If the agency or department finds that a business has failed to give notice pursuant to section 2512 of this title, it shall take action under section 2513 of this title as if the business had given notice.

Added 1993, No. 221 (Adj. Sess.), § 10.

§ 2516. Contract provisions.

All contracts or grant awards conferring benefits to businesses after the effective date of this subchapter shall contain a provision notifying the business of the recapture provisions provided in this section and the qualified period for that business under that contract.

Added 1993, No. 221 (Adj. Sess.), § 10.

CHAPTER 49. EDUCATION

Sec.

§ 2701. Agency and Secretary created.

There is created an Agency of Education that shall be under the direction and supervision of a Secretary of Education.

Added 2011, No. 98 (Adj. Sess.), § 1, eff. Jan. 1, 2013.

§ 2702. Secretary of Education.

  1. With the advice and consent of the Senate, the Governor shall appoint a Secretary of Education from among no fewer than three candidates proposed by the State Board of Education. The Secretary shall serve at the pleasure of the Governor.
  2. The Secretary shall report directly to the Governor and shall be a member of the Governor's Cabinet.
  3. At the time of appointment, the Secretary shall have expertise in education management and policy and demonstrated leadership and management abilities.

    Added 2011, No. 98 (Adj. Sess.), § 1, eff. Jan. 1, 2013.

CHAPTER 51. NATURAL RESOURCES

History

Amendments--1987. 1987, No. 76 , § 12, substituted "Natural Resources" for "Environmental Conservation" in the chapter heading.

Rules and regulations. 1969, No. 246 (Adj. Sess.), § 16, provided: "All rules and regulations of the boards and departments transferred to the agency existing upon the effective date of this act shall remain in full force and effect, subject to the powers created in this act".

Annual report. 2005, No. 92 (Adj. Sess.), § 2 provides: "The secretary of natural resources shall report in writing to the senate committee on natural resources and energy and the house committee on fish, wildlife and water resources on or before January 31 of each year regarding loans from the special environmental revolving fund under 24 V.S.A. § 4771(a)(5)(B). The report shall include: the number of privately owned nonprofit community water systems that have applied for loans from the special environmental revolving fund under 24 V.S.A. § 4771(a)(5)(B); the number of loans issued under 24 V.S.A. § 4771(a)(5)(B); the total dollar amount of loans issued under 24 V.S.A. § 4771(a)(5)(B); and a general description of privately owned nonprofit community water systems receiving loans under 24 V.S.A. § 4771(a)(5)(B), including the age of the development in which each privately owned nonprofit community water system is located."

Subchapter 1. Generally

§ 2801. Definitions.

In this chapter the following words mean:

  1. Agency: The Agency of Natural Resources.
  2. Department: A major component of the Agency.
  3. Director: The head of a division or branch of the Agency.
  4. Division: A major component of a department or a technical or administrative support component of the Agency.
  5. Commissioner: The head of a department responsible to the Secretary for the administration of the department.
  6. Secretary: The head of the Agency, a member of the Governor's Cabinet and responsible to the Governor for the administration of the Agency.

    Added 1969, No. 246 (Adj. Sess.), § 1, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 1; 1987, No. 76 , § 13.

History

Amendments--1987. Subdivision (1): Substituted "agency of natural resources" for "agency of environmental conservation".

Amendments--1979 (Adj. Sess.). Subdivision (4): Added "or a technical or administrative support component of the agency" following "department".

ANNOTATIONS

Cited. Persons v. Lehoe, 150 Vt. 582, 554 A.2d 681 (1988); In re Vermont Marble Co., 162 Vt. 355, 648 A.2d 381 (1994).

§ 2802. Creation of Agency.

  1. An Agency of Natural Resources is created consisting of the following:
    1. The Department of Fish and Wildlife.
    2. The Department of Forests, Parks and Recreation.
      1. The Division of Forests.
      2. The Division of Parks.
      3. The Division of Recreation.
    3. [Repealed.]
    4. The Board of Forests, Parks and Recreation.
    5. The Department of Environmental Conservation.
    6. The State Natural Resources Conservation Council.
    7. The Division of Geology and Mineral Resources.
  2. The Natural Resources Board is attached to the Agency for the purpose of receiving administrative support.
  3. The Agency will provide representation on the following compact commissions:
    1. The Interstate Commission on the Lake Champlain Basin.
    2. The New England Interstate Water Pollution Control Commission.

      Added 1969, No. 246 (Adj. Sess.), § 2, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 2; 1981, No. 222 (Adj. Sess.), § 1; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1983, No. 193 (Adj. Sess.), § 9, eff. April 27, 1984; 1987, No. 76 , § 14; 1989, No. 245 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 3, eff. Jan. 31, 2005.

History

Amendments--2003 (Adj. Sess.). Subsection (b): Substituted "natural resources board is" for "environmental board and water resources board are".

Amendments--1989 (Adj. Sess.). Subdivision (a)(7): Added.

Amendments--1987. Subsection (a): Substituted "agency of natural resources" for "agency of environmental conservation" in the introductory clause and "department of environmental conservation" for "department of water resources and environmental engineering" in subdiv. (5).

Amendments--1983 (Adj. Sess.). Subdivision (a)(1): Act No. 158 substituted "wildlife" for "game" following "fish and".

Subdivision (a)(3): Repealed by Act. No. 193.

Amendments--1981 (Adj. Sess.). Subsection (b): Substituted "and the water resources board are" for "is" preceding "attached".

Amendments--1979 (Adj. Sess.). Amended section generally.

Transfer of natural resources conservation council from agency of natural resources. 1993, No. 210 (Adj. Sess.), § 86, provided for the permanent transfer of the state natural resources conservation council, as described in subdiv. (6) of this section, from the agency of natural resources and for the attachment of the council to the department of agriculture, food and markets for administrative support effective on July 1, 1994.

ANNOTATIONS

Cited. In re Wildlife Wonderland, Inc., 133 Vt. 507, 346 A.2d 645 (1975); Sprague v. University of Vermont, 661 F. Supp. 1132 (D. Vt. 1987).

Law review commentaries

Law review. For note, "Extending Public Trust Duties to Vermont's Agencies: A Logical Interpretation of the Common Law Public Trust Doctrine", see 19 Vt. L. Rev. 509 (1995).

§ 2803. Advisory capacity.

  1. All boards, committees, councils, activities, and departments which under this chapter are a part of the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of such boards, committees, councils, activities, and departments, including administrative, policy making, rulemaking, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.
  2. Notwithstanding subsection (a) of this section or any other provision of this chapter, the Fish and Wildlife Board and the Natural Resources Board shall retain and exercise all powers and functions given to them by law which are of regulatory or quasi-judicial nature, including the power to adopt, amend, and repeal rules and regulations, to conduct hearings, to adjudicate controversies, and to issue and enforce orders, in the manner and to the extent to which those powers are given to those respective boards by law.
  3. [Repealed.]

    Added 1969, No. 246 (Adj. Sess.), § 3, eff. June 1, 1970; amended 1971, No. 93 , § 2, eff. April 22, 1971; 1971, No. 245 (Adj. Sess.), § 4, eff. April 6, 1972; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 2003, No. 115 (Adj. Sess.), § 4, eff. Jan. 31, 2005.

History

Amendments--2003 (Adj. Sess.). Subsection (b): Substituted "and the natural resources board" for "the environmental board and the water resources board" preceding "shall retain and exercise" in the first sentence.

Amendments--1983 (Adj. Sess.). Subsection (b): Substituted "wildlife" for "game" following "fish and".

Amendments--1971 (Adj. Sess.). Subsection (c): Repealed.

Amendments--1971. Subsection (c): Added.

ANNOTATIONS

Cited. In re Vermont Verde Antique Int'l, Inc., 174 Vt. 208, 811 A.2d 181 (2002).

§ 2804. Personnel designation.

The Secretary, Deputy Secretary, commissioners, deputy commissioners, attorneys, and all members of boards, committees, commissions, or councils attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by laws, all other positions shall be within the classified service.

Added 1969, No. 246 (Adj. Sess.), § 6(b), eff. June 1, 1970; amended 1993, No. 227 (Adj. Sess.), § 12.

History

Amendments--1993 (Adj. Sess.). Inserted "deputy secretary" following "the secretary" and "attorneys" preceding "and all members" in the first sentence and added "except as authorized by section 311 of this title or otherwise by laws" preceding "all other" in the second sentence.

Applicability--1993 (Adj. Sess.). 1993, No. 227 (Adj. Sess.), § 37, eff. June 17, 1994, provided that the amendment to this section by section 12 of the act shall take effect with respect to any of the newly created exempt positions under that section at the time a vacancy occurs in the position, unless classified attorneys occupying those positions on June 30, 1994 elect to become exempt employees.

§ 2805. Environmental Permit Fund.

  1. There is hereby established a special fund to be known as the Environmental Permit Fund. Within the Fund, there shall be two accounts: the Environmental Permit Account and the Air Pollution Control Account. Unless otherwise specified, fees collected in accordance with subsections 2822(i) and (j) of this title and 10 V.S.A. § 2625 and gifts and appropriations shall be deposited in the Environmental Permit Account. Fees collected in accordance with subsections 2822(j)(1), (k), and (m) of this title shall be deposited in the Air Pollution Control Account. The Environmental Permit Fund shall be used to implement the programs specified under section 2822 of this title. The Secretary of Natural Resources shall be responsible for the Fund and shall account for the revenues and expenditures of the Agency of Natural Resources. The Environmental Permit Fund shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Environmental Permit Fund shall be used to cover a portion of the costs of administering the Environmental Division established under 4 V.S.A. chapter 27. The amount of $143,000.00 per fiscal year shall be disbursed for this purpose.
  2. Any fee required to be collected under subdivision 2822(j)(1) of this title shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the operating permit program authorized under 10 V.S.A. chapter 23. Any fee required to be collected under subsection 2822(k) or (m) of this title for air pollution control permits or registrations or motor vehicle registrations shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the programs authorized under 10 V.S.A. chapter 23. Fees collected pursuant to subsections 2822(k) and (m) of this title shall be used by the Secretary to fund activities related to the Secretary's hazardous or toxic contaminant monitoring programs and motor vehicle-related programs.

    Added 1989, No. 279 (Adj. Sess.), § 1, eff. June 30, 1990; amended 1993, No. 92 , § 8; 1995, No. 186 (Adj. Sess.), § 19, eff. May 22, 1996; 1997, No. 15 , § 2, eff. May 6, 1997; 1997, No. 15 5 (Adj. Sess.), § 31; 2001, No. 65 , § 22; 2003, No. 163 (Adj. Sess.), § 18; 2007, No. 65 , § 397, eff. June 4, 2007; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 162 (Adj. Sess.), § E.700; 2015, No. 97 (Adj. Sess.), § 5.

History

Reference in text. Subsection 2822 ( l ), referred to in subsecs. (a) and (b), was repealed by 2015, No. 57 , § 21.

Amendments--2015 (Adj. Sess.). Subsec. (a): Substituted "subsections 2822(j)(1), (k), and (m)" for "subsections 2822(j)(1), (k), ( l ), and (m)" in the fourth sentence.

Subsec. (b): Substituted "subsection 2822(k) or (m)" for "subsection 2822(k), ( l ), or (m)" in the second and the third sentences.

Amendments--2011 (Adj. Sess.). Section amended generally.

Amendments--2009 (Adj. Sess.). Substituted "environmental division" for "environmental court" preceding "established" near the end of the section.

Amendments--2007. Added the eighth and ninth sentences.

Amendments--2003 (Adj. Sess.). Inserted "subdivision" preceding "2822(j)(1)" in two places; "and subsections" preceding "(k)" in two places, substituted "$350,000.00" for "$250,000.00" and inserted a comma following "3 V.S.A. § 2822(k), (l)" in two places.

Amendments--2001. Deleted "(h) and" following "3 V.S.A. § 2822" and inserted "and (j)" at the end of the first sentence; substituted "(i) and (j)" for "(h)" following "3 V.S.A. § 2822" in the second sentence; deleted "and" following "2822(k)", inserted "and (m)" preceding "of this title" and deleted "and a portion of the fees collected pursuant to subsection 2822(m) of this title" thereafter in the sixth sentence; and substituted "$250,000.00" for "$150,000.00" in the seventh sentence.

Amendments--1997 (Adj. Sess.). Inserted the first and second "and" in the second sentence; in the next-to-last sentence, substituted "or toxic" for "air" and "programs and motor vehicle-related programs" for "program"; and inserted "(j)(1)" after "2822" twice and substituted "$150,000" for "$100,000" in the last sentence.

Amendments--1997 Inserted "10 V.S.A. § 2625" in the second sentence.

Amendments--1995 (Adj. Sess.) In the last sentence, substituted "those fees collected under section 2822(k), ( l ) and (m) of this title, and in excess of $100,000 from those fees collected from environmental permit fund sources other than section 2822(k), ( l ) and (m)" for "$100,000".

Amendments--1993. Rewrote the fourth through seventh sentences.

Repeal of expiration date of section. 1997, No. 155 (Adj. Sess.), § 39(b), eff. April 29, 1998, repealed 1989, No. 279 (Adj. Sess.), § 7, which had originally provided for the expiration of this section on June 30, 1993, at which time the balance of the environmental permit fund was to revert to the general fund, unless reauthorized and had been extended by 1993, No. 48 , § 4 and 1995, No. 186 (Adj. Sess.), § 20).

§ 2806. Barnwell Potential Liability Fund.

  1. There is hereby created a Barnwell Potential Liability Fund in the State Treasury. The Fund shall be separately maintained and accounted for by the State Treasurer and administered by the Agency of Natural Resources. Expenditures from the Fund shall be made after obtaining approval of the Attorney General, for the purpose of paying:
    1. any final determinations of liability, or negotiated settlements, on the part of the State or of any agency, subdivision or entity of the State, arising out of activities under any interstate agreement, relating to the Southeast Compact Commission's regional facility in Barnwell County, South Carolina, ratified, adopted or approved according to the requirements of Sec. 2 of Act No. 296 of the Acts of the 1989 Adjourned Session of the General Assembly, and
    2. any costs of the State or of any agency, subdivision or entity of the State, related to the process of determining liability or the process of arriving at a negotiated settlement.
  2. All interest earned by the Fund shall remain in the Fund and shall not revert to the general Fund.
  3. The Fund shall be in the form of cash sufficient to provide protection to the State in the amount of $50,000.00 in 1994 dollars. The monies shall be provided by no later than January 1, 2012, or six months prior to the time the largest generator ceases to exist, whichever comes first, by the generators of low-level radioactive waste who are authorized to use the Barnwell facility under the contract for access, approved by the General Assembly for the period from January 1, 1993 through June 30, 1994, in proportion to the amounts of waste to be disposed of at the facility during the term of the interstate agreement. If the Secretary determines that the level of protection provided under this section is not adequate, the Secretary shall make appropriate recommendations to the General Assembly.

    Added 1993, No. 76 , § 4.

§ 2807. Lands and Facilities Trust Fund.

  1. Legislative purpose.  The General Assembly finds and determines:
    1. The public lands, facilities, and recreational assets of Vermont represent both a priceless inheritance from the past and an enduring legacy for future generations.
    2. The lands, facilities, and recreational assets owned or managed by the Department of Forests, Parks and Recreation are held as public assets for the citizens of Vermont, and require proper management to ensure that these natural resources and facilities remain viable and available for this and all future generations.
  2. Definitions.  As used in this section:
    1. "Commissioner" means the Commissioner of Forests, Parks and Recreation or the Commissioner's designee.
    2. "Eligible activity" means any activity undertaken, initiated, or supported by the Department of Forests, Parks and Recreation that provides for the management of State lands, facilities, and recreational assets. "Eligible activity" includes: repair and maintenance of State parks; contract surveys and mapping; maintenance of State lands, including boundaries, roads, trails, and facilities; contract inventories of State land natural resources; repair of State-owned dams; repair, replacement, and maintenance of conservation camps; and timber management in accordance with U.S.D.A. silvicultural guidelines. "Eligible activity" does not include the acquisition of land.
    3. "Fund" means the Lands and Facilities Trust Fund.
  3. Creation and use of Fund.
    1. There is established in the State Treasury an income-producing fund to be known as the Lands and Facilities Trust Fund, to be managed by the State Treasurer, and from which expenditures shall be made by the Commissioner in accordance with appropriations by the General Assembly for the benefit of lands, facilities, and recreational assets owned or managed by the Agency. Payments from the Fund may be made to meet costs for eligible activities which are not covered in operating budgets for management of Agency lands, facilities, and recreational assets.
    2. The Fund shall be administered as part of the trust investment account established in 32 V.S.A. § 434 . After the first three years of the Fund's existence, on July 1 of each year, the Treasurer shall distribute from the Fund five percent of the moving average of the market value of the Fund over the prior 12 quarters with the approval of the House and Senate. Notwithstanding the foregoing, during the first three years of the Fund's existence, expenditures for immediate needs, not to exceed five percent of the principal, may be authorized by the Commissioner, provided that such expenditures are consistent with the priorities established by the Commissioner, pursuant to this section, and shall be subject to the approval of the General Assembly.
    3. Annual expenditures from the Fund shall be limited to projects approved by the Commissioner, and shall be in accordance with appropriations of the General Assembly. Project priorities shall be determined in accordance with criteria established by the Commissioner, and shall include consideration of at least the following: cost; availability of funds; condition of the resource, facility, or infrastructure; level of use; level of public need; the stated intent of the donor, when donated property is involved; and the ability to protect or enhance a public investment or public resource.
    4. There shall be deposited in the Fund monies received by the Agency which are related to management of Agency lands, facilities, and recreational assets, and which are received from a variety of public and private sources pertinent to the purposes of the Fund, including: donations; grants; special use permits; federal funds specifically designated for uses compatible with the intent of the fund; timber sale receipts received after June 30, 2001 from State forestland and all Agency lands otherwise not restricted; and such sums as may be appropriated to the Fund by the General Assembly. The Agency may solicit and accept aid or contributions consistent with the stated intent of the donor and deposited with the State Treasurer. Income earned by the Fund shall be deposited into the Fund, and all balances in the Fund at the end of any fiscal year shall be carried forward and remain part of the Fund.
  4. [Repealed.]

    Added 2001, No. 61 , § 53, eff. June 16, 2001; amended 2013, No. 142 (Adj. Sess.), § 82.

History

Amendments--2013 (Adj. Sess.). Subsection (d): Repealed.

§ 2808. Agency permits.

This section shall apply to any permit, license, or certification that is issued by the Agency of Natural Resources, and that is listed as enforceable by the Secretary of Natural Resources under the Uniform Environmental Law Enforcement chapter, 10 V.S.A. chapter 201. With respect to permits, licenses, or certifications specified under this section, if the permit processing time limits established under subsection 2822(g) of this title are not met, the Secretary may allow the option of the applicant paying for an independent engineer approved by the Secretary to do the permitting analysis required for the Secretary to approve or deny the application.

Added 2001, No. 142 (Adj. Sess.), § 220.

§ 2809. Reimbursement of Agency costs.

    1. The Secretary may require an applicant for a permit, license, certification, or order issued under a program that the Secretary enforces under 10 V.S.A. § 8003(a) to pay for the cost of research, scientific, programmatic, or engineering expertise provided by the Agency of Natural Resources, provided that the following apply: (a) (1)  The Secretary may require an applicant for a permit, license, certification, or order issued under a program that the Secretary enforces under 10 V.S.A. § 8003(a) to pay for the cost of research, scientific, programmatic, or engineering expertise provided by the Agency of Natural Resources, provided that the following apply:
      1. The Secretary does not have such expertise or services and such expertise is required for the processing of the application for the permit, license, certification, or order.
      2. The Secretary does have such expertise but has made a determination that it is beyond the Agency's internal capacity to effectively utilize that expertise to process the application for the permit, license, certification, or order. In addition, the Secretary shall determine that such expertise is required for the processing of the application for the permit, license, certification, or order.
    2. The Secretary may require an applicant under 10 V.S.A. chapter 151 to pay for the time of Agency of Natural Resources personnel providing research, scientific, or engineering services or for the cost of expert witnesses when Agency personnel or expert witnesses are required for the processing of the permit application.
    3. In addition to the authority set forth under 10 V.S.A. chapters 59 and 159 and section 1283, the Secretary may require a person who caused the Agency to incur expenditures or a person in violation of a permit, license, certification, or order issued by the Secretary to pay for the time of Agency personnel or the cost of other research, scientific, or engineering services incurred by the Agency in response to a threat to public health or the environment presented by an emergency or exigent circumstance.
  1. Prior to commencing or contracting for research, scientific, or engineering expertise or services or contracting for expert witnesses for which the Secretary intends to seek cost reimbursement under subdivisions (a)(1) and (2) of this section, the Secretary shall notify the applicant for a permit, license, certification, or order of the Secretary's authority to assess costs under this section.
    1. Within 15 days of issuance of notice under subsection (b) of this section, an applicant for a permit, license, certification, or order may request a meeting with the Secretary to identify and review the proposed Agency services or contracting services that may be assessed to the applicant. (c) (1)  Within 15 days of issuance of notice under subsection (b) of this section, an applicant for a permit, license, certification, or order may request a meeting with the Secretary to identify and review the proposed Agency services or contracting services that may be assessed to the applicant.
    2. The Secretary may enter into agreements with an applicant for a permit, license, certification, or order under which either the applicant or the Agency of Natural Resources shall provide or pay for the necessary research, scientific, or engineering expertise or services or expert witnesses.
    3. When the Secretary meets with an applicant under this subsection, the Secretary shall provide the applicant in writing a preliminary estimate of the costs to be assessed and the purpose of the funds. In the case of requests to pay costs under subdivision (a)(1)(B) of this section, the Secretary shall be limited to a reimbursement of not more than $50,000.00.
  2. The following apply to the authority established under subsection (a) of this section:
      1. The Secretary may require reimbursement only of costs in excess of $3,000.00 except as provided in subdivision (B) of this subdivision (1). (1) (A) The Secretary may require reimbursement only of costs in excess of $3,000.00 except as provided in subdivision (B) of this subdivision (1).
      2. Where the Secretary has requested reimbursement of programmatic expertise pursuant to subdivision (a)(1)(B) of this section. The Secretary may require reimbursement only of costs in excess of $3,000.00 or one-half of the permit application fee assessed under section 2822 of this title, whichever is greater.
    1. The Secretary may revise estimates previously noticed as necessary from time to time during the progress of the work and shall notify the applicant in writing of any revision.
    2. The Secretary shall provide the applicant with a detailed statement of a final assessment under this section showing the total amount of money expended or contracted for in the work and directing the manner and timing of payment by the applicant.
    3. All funds collected from applicants under the provisions of this section shall be paid into the Environmental Permit Fund established pursuant to section 2805 of this title, except that funds collected under provisions of subdivision (a)(2) of this section shall be paid into the Natural Resources Management Fund established pursuant to 23 V.S.A. § 3106(d) .
  3. The Secretary may withhold a permit approval or suspend the processing of a permit application for failure to pay reasonable costs imposed under this subsection.
  4. An action or determination of the Secretary under this section shall constitute an act or decision of the Secretary that may be appealed in accordance with 10 V.S.A. § 8504 .
  5. Concerning an application for a permit to discharge stormwater runoff from a telecommunications facility as defined in 30 V.S.A. § 248a that is filed before July 1, 2017:
    1. Under subdivision (a)(1) of this section, the Agency shall not require an applicant to pay more than $10,000.00 with respect to a facility.
    2. The provisions of subsection (c) (mandatory meeting) of this section shall not apply.

      Added 2009, No. 146 (Adj. Sess.), § F19; 2011, No. 53 , § 3b, eff. May 27, 2011; amended 2011, No. 161 (Adj. Sess.), § 12; 2013, No. 190 (Adj. Sess.), § 23, eff. June 16, 2014; 2013, No. 199 (Adj. Sess.), § 33; 2015, No. 57 , § 19.

History

2015. In subdiv. (d)(4), substituted "section 2805 of this title" for "10 V.S.A. § 2805" to correct an error in the reference.

Amendments--2015. Subdivision (d)(4): Amended generally.

Amendments--2013 (Adj. Sess.). Subdivision (a)(1): Acts 190 and 199 inserted "that the following apply" at the end.

Subdivision (a)(3): Act Nos. 190 and 199 substituted "section 1283" for " § 1283" following "chapters 59 and 159".

Subsection (g): Act Nos. 190 and 199 substituted "July 1, 2017" for "July 1, 2014" at the end of the first sentence.

Amendments--2011 (Adj. Sess.). Amended the section generally.

Amendments--2011. Subsection (g): Added.

§ 2810. Interim environmental media standards.

The Secretary of Natural Resources may require any entity permitted by the Agency of Natural Resources to monitor the operation of a facility, discharge, emission, or release for any constituent for which the Department of Health has established a health advisory. The Secretary may impose conditions on a permitted entity based on the health advisory if the Secretary determines that the operation of the facility, discharge, emission, or release may result in an imminent and substantial endangerment to human health or the natural environment. The authority granted to the Secretary under this section shall last not longer than two years from the date the health advisory was adopted.

Added 2019, No. 21 , § 7, eff. May 15, 2019.

Subchapter 2. Secretary

History

Long-term monitoring of wastewater discharge. 2009, No. 134 (Adj. Sess.), § 37 provides: "Pursuant to 3 V.S.A. § 2822(j)(2)(B)(i), the agency of natural resources charges an annual fee for the monitoring of certain wastewater discharges. It is the intent of the general assembly to create a special fund that will be used to cover the continuing costs of monitoring in the event that the facilities monitored cease discharging wastewater. The general assembly anticipates that the special fund will be financed by a fee assessment on the facilities that are monitored prior to any cessation of their business."

§ 2821. Appointment and salary.

  1. The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.
  2. [Repealed.]

    Added 1969, No. 246 (Adj. Sess.), § 4(a), (c), eff. June 1, 1970; amended 1971, No. 191 (Adj. Sess.), § 16.

History

Amendments--1971 (Adj. Sess.). Subsection (b): Repealed.

ANNOTATIONS

1. Incompatible offices.

The offices of Secretary of the Environmental Conservation Agency and Chairman of the Environmental Board are incompatible and may not be held by the same person at the same time. 1970-72 Op. Atty. Gen. 213.

Cited. Secretary v. Henry, 161 Vt. 556, 641 A.2d 1345 (1994).

§ 2822. Budget and report; powers.

  1. The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. The Secretary shall prepare and submit to the Governor an annual budget.
  2. The Secretary shall also have the powers and duties set forth in section 2803 of this title.
  3. If a waiver has been granted by the Public Utility Commission under 30 V.S.A. § 248(k) , the Secretary or the Secretary's designee shall expedite and may authorize temporary emergency permits with appropriate conditions to minimize significant adverse environmental impacts within the jurisdiction of the Agency, after limited or no opportunity for public comment, allowing site preparation for or construction or operation of an electric transmission facility or a generating facility necessary to ensure the stability or reliability of the electric system or a natural gas facility, regardless of any provision in Title 10 or 29 V.S.A. chapter 11. Such authorization shall be given only after findings by the Secretary that: good cause exists because an emergency situation has occurred; the applicant will fulfill any conditions imposed to minimize significant adverse environmental impacts; and the applicant will, upon the expiration of the temporary emergency permit, remove, relocate, or alter the facility as required by law or by an order of the Public Utility Commission. A permit issued under this subsection shall be subject to such conditions as are required by the Secretary and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the Secretary. Upon the expiration of a temporary emergency permit under this subsection, if any applicable permits have not been issued by the Secretary or the Commissioner of Environmental Conservation, the Secretary may seek enforcement under applicable law.
  4. The Secretary may adopt rules to implement the authority to issue expedited, temporary emergency permits specified in subsection (c) of this section and in 20 V.S.A. § 9(11) .
  5. The Secretary, with the approval of the Secretary of Administration, may transfer any unexpended funds appropriated in a capital construction act to other projects authorized in the same section of that act.
  6. For any Agency program, the Secretary may provide for simplified application forms and procedures for minor projects.
  7. The Secretary shall make all practical efforts to process permits in a prompt manner. The Secretary shall establish time limits for the processing of each permit as well as procedures and time periods within which to notify applicants whether an application is complete. The Secretary shall report no later than the third Tuesday of each annual legislative session to the General Assembly by electronic submission. The annual report shall assess the Agency's performance in meeting the limits; identify areas that hinder effective Agency performance; list fees collected for each permit; summarize changes made by the Agency to improve performance; describe staffing needs for the coming year; certify that the revenue from the fees collected is at least equal to the costs associated with those positions; and discuss the operation of the Agency during the preceding fiscal year and the future goals and objectives of the Agency. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. This report is in addition to the fee report and request required by 32 V.S.A. chapter 7, subchapter 6.
  8. [Repealed.]
  9. The Secretary shall not process an application for which the applicable fee has not been paid unless the Secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to 32 V.S.A. § 710 . Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services. Municipalities shall pay fees prescribed in subdivisions (j)(2), (10), (11), (12), and (26), except that a municipality shall also be exempt from those fees for stormwater systems prescribed in subdivisions (j)(2)(A)(iii)(I), (II), or (IV) and (j)(2)(B)(iv)(I), (II), or (V) of this section for which a municipality has assumed full legal responsibility under 10 V.S.A. § 1264 .
  10. In accordance with subsection (i) of this section, the following fees are established for permits, licenses, certifications, approvals, registrations, orders, and other actions taken by the Agency of Natural Resources.
    1. For air pollution control permits or registrations issued under 10 V.S.A. chapter 23:
      1. Base service fees.  Any persons subject to the provisions of 10 V.S.A. § 556 shall submit with each permit application or with each request for a permit amendment, a base service fee in accordance with the base fee schedule in subdivision (i) of this subdivision (1)(A). Prior to taking final action under 10 V.S.A. § 556 on any application for a permit for a nonmajor stationary source or on any request for an amendment of a permit for such a source, the Secretary shall assess each applicant for any additional fees due to the Agency, assessed in accordance with the base fee schedule and the supplementary fee schedule in subdivision (ii) of this subdivision (1)(A). The applicant shall submit any fees so assessed to the Secretary prior to issuance of the final permit, notwithstanding the provisions of subsection (i) of this section. The base fee schedule and the supplementary fee schedule are applicable to all applications on which the Secretary makes a final decision on or after the date on which this section is operative.
        1. Base fee schedule
          1. Application for permit to construct

            or modify source

            1. Major stationary source $ 15,000.00
            2. Nonmajor stationary source $ 2,000.00
            3. A source of emissions from $ 1,000.00

              anaerobic digestion of agricultural

              products, agricultural by-products,

              agricultural waste, or food waste

          2. Amendments

            Change in business name, division name,

            or plant name; mailing address; or

            company stack designation; or other

            administrative amendments $ 150.00

        2. Supplementary fee schedule for nonmajor

          stationary sources

          1. Engineering review $ 2,000.00
          2. Air quality impact analysis

            Review refined modeling $ 2,000.00

          3. Observe and review source emission

            testing $ 2,000.00

          4. Audit performance of continuous

            emissions monitors $ 2,000.00

          5. Audit performance of ambient air

            monitoring $ 2,000.00

          6. Implement public comment requirement $ 500.00
      2. Annual registration.  Any person required to register an air contaminant source under 10 V.S.A. § 555(c) shall annually pay the following:
        1. A base fee where the sum of a source's emissions of sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons is:
          1. ten tons or greater: $1,500.00;
          2. less than ten tons but greater than or equal to five tons: $1,000.00; and
          3. less than five tons: $500.00.
        2. Where the sum of a source's emissions of sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons is greater than or equal to five tons: an annual registration fee that is $0.0335 per pound of such emissions except that a plant producing renewable energy as defined in 30 V.S.A. § 8002 shall pay an annual fee not exceeding $64,000.00.
      3. Anaerobic digesters.  Notwithstanding the requirements of subdivisions (A) and (B) of this subdivision (j)(1), a person required to register an air contaminant source under 10 V.S.A. § 555(c) or subject to the requirements of 10 V.S.A. § 556 shall not be subject to supplementary fees assessed under subdivision (A)(ii) of this subdivision (j)(1) and shall pay an annual registration fee not exceeding $1,000.00 when the source of the emissions is the anaerobic digestion of agricultural products, agricultural by-products, agricultural waste, or food waste.
    2. For discharge permits issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272 , an administrative processing fee of $240.00 shall be paid at the time of application for a discharge permit in addition to any application review fee and any annual operating fee, except for permit applications under subdivisions (A)(iii)(III) and (V) of this subdivision (j)(2):
      1. Application review fee.
        1. Municipal, industrial, non-              contact cooling water, and thermal              discharges.         (I) Individual permit: original         $0.003 per gallon             application; amendment for         permitted flow;             increased flows; amendment         minimum $100.00             for change in treatment         per outfall; maxi-             process:         mum $30,000.00                 per application.         (II) Renewal, transfer, or mi-         $0.002 per gallon             nor amendment of individual         permitted flow; minimum             permit:         $50.00 per outfall;                 maximum $5,000.00 per             application.         (III) General permit:         $0.00.        (ii) Pretreatment discharges.         (I) Individual permit: original         $0.20 per gallon design flow;             application; amendment for         minimum $100.00 per             increased flows; amendment         outfall.             change in treatment process:         (II) Renewal, transfer, or mi-         $0.002 per gallon             nor amendment of individual         design flow; minimum             permit:         $50.00 per outfall.        (iii) Stormwater discharges.         (I) Individual operating permit         $860.00 per acre             or application to operate         impervious area;             under general operating         minimum $440.00             permit for collected         per application.             stormwater runoff which is discharged to Class B waters: original application; amendment for increased flows; amendment for change in treatment process:         (II) Individual operating permit         $1,400.00 per acre             or application to operate         impervious area; mini-             under general operating         mum $1,400.00 per             permit for collected         application.             stormwater runoff which is dis- charged to Class A waters; original appli- cation; amendment for increased flows; amend- ment for change in treatment process:         (III) Individual permit or             application to operate under general permit for con- struction activities; orig- inal application; amendment for increased acreage.             (aa) Projects with low risk         $100.00 per             to waters of the State;         project; original             five acres or less:         application.             (bb) Projects with low risk         $220.00 per project.             to waters of the State; greater than five acres:             (cc) Projects with moderate         $480 per             risk to waters of the State;         project original             five acres or less:         application.         (dd) Projects with moderate         $640.00.             risk to waters of the State; greater than five acres:             (ee) Projects that require an         $1,200.00.             individual permit; ten acres or less:             (ff) Projects that require an         $1,800.00.             individual permit; greater than 10 acres:         (IV) Individual permit or         $440.00 per             application to operate         facility.             under general permit for stormwater runoff associated with industrial activities with specified SIC codes; original application; amendment for change in activities:         (V) Individual permit or         $2,400.00             application to operate         per system.             under general permit for stormwater runoff associated with municipal separate storm sewer systems; original application; amendment for change in activities:         (VI) Individual operating permit or application to operate under a general permit for a residually designated stormwater discharge original application; amendment; for increased flows amendment; for change in treatment process. (aa) For discharges to Class B water; $860.00 per acre of impervious area, minimum $280.00. (bb) For discharges to Class A water; $1,700.00 per acre of impervious area, minimum $1,700.00.         (VII) Renewal, transfer, or         $0.00.             minor amendment of individual permit:         (VIII) Application for coverage         $400.00 per application.             under the municipal roads stormwater general permit:         (IX) Application for coverage         $1,200.00.             under the State roads   stormwater general permit:        (iv) Indirect discharge or              underground injection control, exclud-              ing stormwater discharges.         (I) Indirect discharge, sewage.       Individual permit: origi-         $1,755.00 plus $0.08 per             nal application; amendment         gallon of design capac-             for increased flows;         ity above 6,500 gpd.           amendment for modifica-             tion or replacement of sys-             tem.         (II) Indirect discharge, nonsewage.         Individual permit:         $0.06 per gallon             original application;       of design capacity;             amendment for increased         minimum $400.00.             flows; amendment for modifi-             cation or replacement of             system.         (III) Underground injection; individual permit; amendment for increased flows; amendment for modification or replacement of system.             (aa) For applications where         $500.00 and $0.10 for             the discharge meets         each gallon per day             groundwater enforcement         over 2,000 gallons             standards at the point         per day.             of discharge:             (bb) For applications where         $1,500.00 and $0.20 for             the discharge meets         each gallon per day             groundwater enforcement         over 2,000 gallons             standards at the point       per day.             of compliance:       (B) Annual operating fee.          (i) Industrial, noncontact         $0.0015 per gallon design               cooling water and         capacity. $200.00 minimum;             thermal discharges:         maximum $210,000.00.        (ii) Municipal:         $0.003 per gallon of permitted flows. $200.00 minimum; maximum $12,500.00.        (iii) Pretreatment discharges:         $0.04 per gallon design capacity. $200.00 minimum; maximum $27,500.00.        (iv) Stormwater.         (I) Individual operating permit         $310.00 per acre             or approval under general         impervious area;             operating permit for col-         $310.00 minimum.             lected stormwater runoff which is discharged to Class A waters:         (II) Individual operating permit         $160.00 per acre             or approval under general         impervious area;             operating permit for         $160.00 minimum.             collected stormwater runoff which is discharged to Class B waters:         (III) Individual permit or         $160.00 per facility.             approval under general permit for stormwater runoff from industrial facilities with speci- fied SIC codes:         (IV) Individual permit or         $10.00 per acre of             application to operate         impervious surface             under general permit for         within the muni-             stormwater runoff associ-         cipality; annually.             ated with municipal separate      storm sewer systems:         (V) Individual permit or approval under general permit for residually designated stormwater discharges. (aa) For discharges to Class A water; $310.00 per acre of impervious area, minimum $310.00. (bb) For discharges to Class B water; $160.00 per acre of impervious area, minimum $160.00.       (VI) For application to operate under a general permit for stormwater runoff associated with municipal roads, the following fees per authorization annually: (aa) in a municipality with a population of more than 5,000 persons: $1,800.00; (bb) in a municipality with a population of 2,500 to 5,000 persons and 95 miles or more of maintained road: $1,800.00; (cc) in a municipality with a population of 2,500 to 5,000 persons and 25 to less than 95 miles of maintained road: $1,350.00; (dd) in a municipality with a population of 2,500 to 5,000 persons and less than 25 miles of maintained road: $500.00; (ee) in a municipality with a population of fewer than 2,500 but more than 500 persons and 25 miles or more of maintained road: $1,350.00; (ff) in a municipality with a population of fewer than 2,500 but more than 500 persons and less than 25 miles of maintained road: $500.00; (gg) in a municipality with a population of fewer than 500 persons: $500.00; (hh) in a municipality that is covered under a municipal separate storm sewer system permit: $0.00; and (ii) in an unincorporated or disincorporated municipality: $0.00.         (VII) Application to operate under a general permit for stormwater runoff associated with State roads: $90,000.00 per authorization annually.         (VIII) Individual permit or approval under a general permit for a discharge from a medium concentrated animal feeding operation: $1,500.00 per facility.       (IX) Individual permit or approval under a general permit for a discharge from a large concentrated animal feeding operation: $2,500.00 per facility.         (X) Individual or general operating permits authorizing discharges of stormwater runoff from new development or redevelopment of less than one acre of impervious surface permitted after July 1, 2022 pursuant to 10 V.S.A. § 1264(c)(1) shall be exempt from the fees imposed by subdivisions (I) and (II) of this subdivision (iv).        (v) Indirect discharge or underground               injection control, exclud-           ing stormwater discharges:         (I) Indirect discharge. (aa) Individual permit:         $400.00 plus $0.035 per gallon of design capacity above 6,500 gpd. maximum $27,500.00. (bb) Approval under         $220.00.     general permit:         (II) Underground injection control. (aa) For applications where         $500 and $0.02 for     the discharge meets ground-         each gallon per     water enforcement standards         day over 2,000     at the point of discharge:         gallons per day. (bb) For applications where         $1,500.00 and $0.02     the discharge meets         for each gallon per day groundwater enforcement         over 2,000 gallons     standards at the point of         per day.     compliance: (cc) Approval under general         $220.00.     permit:

          (C) The Secretary shall bill all persons who hold discharge permits for the required annual operating fee. Annual operating fees may be divided into semiannual or quarterly billings.

    3. [Repealed.]
    4. For potable water supply and wastewater permits issued under 10 V.S.A. chapter 64. Projects under this subdivision include: a wastewater system, including a sewerage connection; and a potable water supply, including a connection to a public water supply:
      1. Original applications, or major amendments for a project with the following proposed design flows. In calculating the fee, the highest proposed design flow whether wastewater or water shall be used:
        1. design flows 560 gpd or less: $306.25 per application;
        2. design flows greater than 560 and less than or equal to 2,000 gpd: $870.00 per application;
        3. design flows greater than 2,000 and less than or equal to 6,500 gpd: $3,000.00 per application;
        4. design flows greater than 6,500 and less than or equal to 10,000 gpd: $7,500.00 per application;
        5. design flows greater than 10,000 gpd: $13,500.00 per application.
      2. Minor amendments:         $150.00.       (C) Minor projects:         $270.00.

        As used in this subdivision (j)(4)(C), "minor project" means a project that meets the following: there is an increase in design flow but no construction is required; there is no increase in design flow, but construction is required, excluding replacement potable water supplies and wastewater systems; or there is no increase in design flow and no construction is required, excluding applications that contain designs that require technical review.

        (D) Notwithstanding the other provisions of this subdivision, when a project is located in a Vermont neighborhood, as designated under 24 V.S.A. chapter 76A, the fee shall be no more than $50.00 in situations in which the application has received an allocation for sewer capacity from an approved municipal system. This limitation shall not apply in the case of fees charged as part of a duly delegated municipal program.

    5. For well drillers licenses issued under 10 V.S.A. chapter 48:

      Fees shall be paid on an annual basis over the term of the license.

    6. For solid waste treatment, storage, transfer, or disposal facility certifications issued under 10 V.S.A. chapter 159:
      1. original and renewal         $0.75 per ton certified         applications, excluding         operational capacity pro-         recycling and composting         rated and paid on an annual         facilities, and categorical          basis over the term of         solid waste facilities         certification.       (B) original and renewal         $100.00.         applications for recycling         and composting facilities,         excluding categorical solid         waste facilities that solely         manage recycling or composting         solid waste       (C) original and renewal applications $0.00         for categorical solid waste facilities         solely managing recycling         or composting solid waste       (D) original and renewal         $100.00.         applications for cate-         gorical disposal facilities       (E) original and renewal         $200.00 for facilities         applications for facilities,         with an operational         certified pursuant to 10 V.S.A.         capacity less than         §§ 6605 and 6605b, that treat,         25,000 cubic yards;         store, or dispose of waste         for facilities with         generated solely from mining,         operational capacity         extraction, or mineral processing         above 25,000 cubic                  yards $0.95 per cubic                  yard of operational                  capacity.                  Maximum annual                  payment, $75,000.00.       (F) increase in tonnage, excluding         $0.75 per ton of certified         recycling and composting facilities,         and operational capacity         categorical solid waste facilities         prorated and paid on an                  annual basis over the term              of certification.       (G) insignificant waste management         $100.00 per event.         event approvals.
    7. For public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56 and interim groundwater withdrawal permits and approvals issued under 10 V.S.A. chapter 48:
      1. For public water supply construction permit and permit amendment applications:
        1. For public community and nontransient noncommunity water supplies: $900.00.
        2. For transient noncommunity: $500.00.
      2. For water treatment plant applications, except those applications submitted by a municipality as defined in 1 V.S.A. § 126 or a consolidated water district established under 24 V.S.A. § 3342 : $0.003 per gallon of design capacity. Amendments $150.00 per application.
      3. For source permit applications:
        1. Community water systems:         $945.00 per source.        (ii) Transient noncommunity:         $385.00 per source.        (iii) Nontransient, noncommunity:         $770.00 per source.        (iv) Amendments.         $150.00 per application.       (D) For public water supplies and bottled water facilities, annually:        (i) Transient noncommunity:         $100.00.        (ii) Nontransient, noncommunity:         $0.0355 per 1,000 gallons                 of water produced annu-                    ally or $70.00, whichever is                    greater.        (iii) Community:         $0.05 per 1,000 gallons                    of water produced annu-                    ally.        (iv) Bottled water:         $1,390.00 per permitted                    facility.

          (E) Amendment to bottled water facility permit, $150.00 per application.

          (F) For facilities permitted to withdraw groundwater pursuant to 10 V.S.A. § 1418 : $2,300.00 annually per facility.

          (G) In calculating flow-based fees under this subsection, the Secretary will use metered production flows where available. When metered production flows are not available, the Secretary shall estimate flows based on the standard design flows for new construction.

          (H) The Secretary shall bill public water supplies and bottled water companies for the required fee. Annual fees may be divided into semiannual or quarterly billings.

    8. For public water system operator certifications issued under 10 V.S.A. § 1674 :
      1. For class IA and IB operators:         $45.00 per initial certificate or renewal.       (B) For all other classes:         $80.00 per initial certificate or renewal.
      1. For a solid waste hauler: (9) (A) For a solid waste hauler:
        1. $50.00 per vehicle for small vehicles with two axels, including pickup trucks, utility trailers, and stakebody trucks.
        2. $75.00 per vehicle for vehicles with three or four axels, including packer trucks, dump trucks, and roll offs.
        3. $100.00 per vehicle for tractors and any number axel tandem trailers.
      2. For a hazardous waste hauler: an annual operating fee of $125.00 per vehicle.
    9. For management of lakes and ponds permits issued under 29 V.S.A. chapter 11:
      1. Nonstructural erosion control:         $155.00 per application.       (B) Structural erosion control:         $250.00 per application.       (C) All other encroachments:         $300.00 per application plus one percent of construction costs, not to exceed $20,000.00 per application.
    10. For stream alteration and flood hazard area permits issued under 10 V.S.A. chapters 41 and 32:
      1. Stream alteration; individual permit: $350.00.
      2. Stream alteration; general permit; reporting category: $200.00.
      3. Stream alteration; individual permit; municipal bridge, culvert, and unimproved property protection: $350.00.
      4. Stream alteration; general permit; municipal bridge, culvert, and unimproved property protection: $200.00.
      5. Stream alteration; Agency of Transportation reviews; bridge, culvert, and high risk projects: $350.00.
      6. Flood hazard area; individual permit; State facilities; hydraulic and hydrologic modeling required: $350.00.
      7. Flood hazard area; individual permit; State facilities; hydraulic and hydrologic modeling not required: $200.00.
      8. Flood hazard area; municipal reviews; reviews requiring hydraulic and hydrologic modeling, compensatory storage volumetric analysis, or river corridor equilibrium: $350.00.
      9. Flood hazard area; municipal review; projects not requiring hydraulic or hydrologic modeling: $200.00.
      10. River corridor; major map amendments: $350.00.
      1. For dam permits issued under 10 V.S.A. chapter 43: 1.00 percent of construction costs, minimum fee of $1,000.00. (12) (A) For dam permits issued under 10 V.S.A. chapter 43: 1.00 percent of construction costs, minimum fee of $1,000.00.
      2. For all dams capable of impounding 500,000 or more cubic feet of water or other liquid, an annual fee:
        1. for dams classified as low risk: $200.00 per year.
        2. for dams classified as significant risk: $350.00 per year.
        3. for dams classified as high risk: $1,000.00 per year.
        4. for dams that have not been classified by the Department: $0.00 per year.
    11. For aquatic nuisance control permits issued under 10 V.S.A. § 1455 :
      1. Projects in private waters, as that term is defined in 10 V.S.A. § 5210 :        (i) Aquatic pesticide aqua-         $50.00 per application. shade, Copper compounds used as algicides        (ii) All other pesticides         $75.00 per application. and chemicals     (iii) Bottom barriers, Pow-         $35.00 per application. ered mechanical devices        (iv) Structural controls,         $75.00 per application. Biological controls        (v) Approval under general permit         $25.00 per approval.       (B) Projects in all other waters:        (i) All pesticides and other         $500.00 per application. chemicals        (ii) Bottom barriers         $75.00 per application.     (iii) Powered mechanical         $175.00 per application. devices        (iv) Structural controls,         $300.00 per application. Biological controls        (v) Approval under general permit         $50.00 per approval.
    12. [Repealed.]
    13. For sludge or septage facility certifications issued under 10 V.S.A. chapter 159:
      1. land application sites; facilities that further reduce pathogens; disposal facilities:         $1,000.00 per application.       (B) all other types of facilities:         $125.00 per application.      (16) For underground storage tank permits issued under 10 V.S.A. chapter 59:         $125.00 per tank per year.

        (21) [Repealed.]

        (23) Notwithstanding all other subdivisions of this subsection, for administrative amendments of the listed permits, licenses, certifications, approvals, and exemptions, the Secretary may charge less than the listed fees, provided that the amount charged is no less than $35.00 and is sufficient to cover the costs with processing the administrative amendment.

        (24) [Repealed.]

        (26) For individual conditional use determinations, for individual wetland permits, for general conditional use determinations issued under 10 V.S.A. § 1272 , or for wetland authorizations issued under a general permit, an administrative processing fee assessed under subdivision (2) of this subsection and an application fee of:

        (A) $0.75 per square foot of proposed impact to Class I or II wetlands.

      2. $0.25 per square foot of proposed impact to Class I or II wetland buffers.
      3. Maximum fee, for the conversion of Class II wetlands or wetland buffers to cropland use or for installation of a pipeline in a wetland for the transport of manure for the purpose of farming, as that term is defined in 10 V.S.A. § 6001(22) , when the pipeline will serve or implement a water quality or conservation practice, $200.00 per application. As used in this subdivision, "cropland" means land that is used for the production of agricultural crops, including row crops, fibrous plants, pasture, fruit-bearing bushes, trees, or vines, and the production of Christmas trees.
      4. $0.25 per square foot of proposed impact to Class I or II wetlands or Class I or II wetland buffer for utility line, pipeline, and ski trail projects when the proposed impact is limited to clearing forested wetlands in a corridor and maintaining a cleared condition in that corridor for the project life.
      5. $1.50 per square foot of impact to Class I or II wetlands when the permit is sought after the impact has taken place.
      6. $100.00 per revision to an application for an individual wetland permit or authorization under a general permit when the supplement is due to a change to the project that was not requested by the Secretary.
      7. Minimum fee, $50.00 per application.
      8. Maximum fee, for the construction of any water quality improvement project in any Class II wetland or buffer, $200.00 per application. As used in this subdivision, "water quality improvement project" means projects specifically designed and implemented to reduce pollutant loading in accordance with the requirements of a Total Maximum Daily Load Implementation Plan or Water Quality Remediation Plan, or pursuant to a plan for reducing pollutant loading to a waterbody. These projects include:
        1. the retrofit of impervious surfaces in existence as of January 1, 2019 for the purpose of addressing stormwater runoff;
        2. the replacement of stream-crossing structures necessary to improve aquatic organism passage, stream flow, or flood capacity;
        3. construction of the following conservation practices on farms, when constructed and maintained in accordance with Natural Resources Conservation Service Conservation Practice Standards for Vermont and the Agency of Agriculture, Food and Markets' Required Agricultural Practices:
          1. Maximum fee for the construction of a permanent structure used for farming, $5,000.00, provided that the maximum fee for waste storage facility or bunker silo shall be $200.00 when constructed and maintained in accordance with Natural Resources Conservation Service Conservation Practice Standards for Vermont and the Agency of Agriculture, Food and Markets' Required Agricultural Practices.

            (30) For review of a project requiring water quality certification under Section 401 of the Clean Water Act: one percent of project costs; minimum fee $200.00; maximum fee $20,000.00. For an application seeking review of multiple projects under this subdivision, the fee shall apply to each project.

            (31) For continuing review of plans required by 10 V.S.A. § 6673 : $15,000.00.

            (32) For projects taking place in a protected shoreland area that require:

            (A) a registration under 10 V.S.A. § 1446 : $100.00;

            (B) a permit under 10 V.S.A. §§ 1443 , 1444, and 1445: $125.00 plus $0.50 per square foot of impervious surface.

            (33) $10.00 per 1,000 gallons based on the rated capacity of the tank being pumped rounded to the nearest 1,000 gallon.

      9. construction of animal trails and walkways;

        (II) construction of access roads;

        (III) designation and construction of a heavy-use protection area;

        (IV) construction of artificial wetlands; and

        (V) the relocation of structures, when necessary, to allow for the management and treatment of agricultural waste, as defined in the Required Agricultural Practices Rule.

  11. Any person required to pay a fee to register an air contaminant source under 10 V.S.A. § 555(c) and who emits five or more tons per year shall pay fees as follows:
    1. Where the emissions are resulting from the combustion of any of the following fuels in fuel burning or manufacturing process equipment:
        1. Wood - $0.1915 per ton burned; or (A) (i) Wood - $0.1915 per ton burned; or
        2. Wood burned in electric utility units with advanced particulate matter and nitrogen oxide reduction technologies - $0.0607 per ton burned;
      1. No. 4, 5, 6 grade fuel oil and used oil - $0.0015 per gallon burned;
      2. No. 2 grade fuel oil - $0.0005 per gallon burned;
      3. Propane - $0.0003 per gallon burned;
      4. Natural gas - $2.745 per million cubic feet burned;
      5. Diesel generator - $0.0055 per gallon burned;
      6. Gas turbine using No. 2 grade fuel oil - $0.0022 per gallon burned.
    2. For the emission of any hazardous air contaminant not subject to subdivision (1) of this subsection:
      1. Contaminants which cause short-term irritant effects - $0.02 per pound of emissions;
      2. Contaminants which cause chronic systemic toxicity - $0.04 per pound of emissions;
      3. Contaminants known or suspected to cause cancer  - $0.95 per pound of emissions.
  12. [Repealed.]
    1. Except as provided in subdivision (3) of this subsection, in addition to any other requirement or fee required for registration, on and after January 1, 1994, a motor vehicle registered under 23 V.S.A. chapter 7 shall be assessed an annual emission fee of $2.00 at time of first registration and annually thereafter. (m) (1)  Except as provided in subdivision (3) of this subsection, in addition to any other requirement or fee required for registration, on and after January 1, 1994, a motor vehicle registered under 23 V.S.A. chapter 7 shall be assessed an annual emission fee of $2.00 at time of first registration and annually thereafter.
    2. The Department of Motor Vehicles shall collect the emission fee imposed in subdivision (1) of this subsection on an annual basis, consistent with the registration period. Notwithstanding 19 V.S.A. § 11 , all funds collected shall be credited to the Fund established under section 2805 of this title.
    3. The fee imposed under subdivision (1) of this subsection shall not apply to any electrically powered vehicle, trailer, or government vehicle.
    4. The Department of Motor Vehicles shall not issue a registration for any vehicle for which the emission fee required under this subsection has not been paid.
  13. [Repealed.]

    Added 1969, No. 246 (Adj. Sess.), § 4(b), (h), eff. June 1, 1970; amended 1971, No. 93 , § 3, eff. April 22, 1971; 1971, No. 164 (Adj. Sess.), eff. March 21, 1972; 1975, No. 254 (Adj. Sess.), § 155; 1977, No. 78 , § 1, eff. April 26, 1977; 1977, No. 106 , § 2; 1979, No. 159 (Adj. Sess.), § 3; 1981, No. 222 (Adj. Sess.), § 2; 1983, No. 193 (Adj. Sess.), § 1, eff. April 27, 1984; 1985, No. 67 , § 4; 1987, No. 76 , §§ 1, 2, 18; 1987, No. 268 (Adj. Sess.), § 1, eff. June 21, 1988; 1989, No. 88 , § 3; 1989, No. 98 , § 4(a); 1989, No. 279 (Adj. Sess.), §§ 4, 8; 1991, No. 71 , §§ 4, 4b; 1993, No. 48 , §§ 1, 2, eff. June 1, 1993; 1993, No. 92 , §§ 16, 17; 1993, No. 187 (Adj. Sess.), § 3, eff. Sept. 1, 1994; 1993, No. 221 (Adj. Sess.), § 4g; 1995, No. 48 , § 1; 1995, No. 103 (Adj. Sess.), § 8; 1995, No. 141 (Adj. Sess.), § 9, eff. Apr. 30, 1996; 1997, No. 106 (Adj. Sess.), §§ 3, 4, eff. April 27, 1998; 1997, No. 155 (Adj. Sess.), § 32; 2001, No. 65 , §§ 23, 24, 26; 2001, No. 133 (Adj. Sess.), § 2, eff. June 13, 2002; 2001, No. 143 (Adj. Sess.), §§ 52, 54, eff. June 21, 2002; 2003, No. 82 (Adj. Sess.), § 4; 2003, No. 140 (Adj. Sess.), § 5; 2003, No. 163 (Adj. Sess.), § 19; 2005, No. 15 , § 1; 2005, No. 65 , § 1; 2007, No. 76 , §§ 30, 30a; 2007, No. 122 (Adj. Sess.), § 1; 2007, No. 153 (Adj. Sess.), § 3; 2007, No. 176 (Adj. Sess.), § 5, eff. May 28, 2008; 2009, No. 3 , § 12a, eff. Sept. 1, 2009; 2009, No. 43 , § 37, eff. May 27, 2009; 2009, No. 46 , § 10b; 2009, No. 134 (Adj. Sess.), § 30; 2011, No. 139 (Adj. Sess.), § 4, eff. May 14, 2012; 2011, No. 161 (Adj. Sess.), § 1; 2013, No. 58 , § 2, eff. June 3, 2013; 2013, No. 59 , § 10; 2013, No. 172 (Adj. Sess.), § 6; 2015, No. 57 , § 21; 2015, No. 58 , § E.225.4; 2015, No. 64 , § 44; 2015, No. 97 (Adj. Sess.), § 6; 2015, No. 149 (Adj. Sess.), § 45; 2015, No. 156 (Adj. Sess.), § 14a, eff. Jan. 1, 2017; 2015, No. 159 (Adj. Sess.), § 56; 2017, No. 77 , § 7, eff. Jan. 1, 2018; 2017, No. 168 (Adj. Sess.), § 14; 2017, No. 181 (Adj. Sess.), § 7, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 8, eff. May 30, 2018; 2017, No. 194 (Adj. Sess.), § 8a, eff. July 1, 2019; 2019, No. 64 , § 22, eff. June 17, 2019.

$140.00 per year.

(17) For hazardous waste treatment, storage, or disposal facility certifications issued under 10 V.S.A. chapter 159:

(A) original application $5,775.00. (B) annual operating fee: (i) commercial facilities $2,000.00. (ii) captive facilities $1,100.00. (C) renewal application $0.00.

(18) For recycle or reuse exemptions issued under 10 V.S.A. §§ 6602(9) and 6603(1):

(A) initial determination of exemption $100.00. (B) administrative modifications $100.00. (C) all other modifications $50.00. (19) For delistings of hazardous waste issued under 10 V.S.A. §§ 6602(4) and 6603(1): $265.00 per application.

(20) For underground storage tank tester licenses issued under 10 V.S.A. § 1936:

(A) original application $50.00. (B) renewal application $50.00.

(22) For certificates of need issued under 10 V.S.A. § 6606a:

$7,500.00 per application.

(25) For hazardous waste generator registrations required by 10 V.S.A. § 6608(f):

(A) small quantity generators $125.00 per year. (B) large quantity generators $600.00 per year. (C) conditionally exempt generators $75.00 per year.

(27) For approvals of the operation of mineral prospecting equipment issued under 10 V.S.A. chapter 41:

(A) annual approval for a resident $25.00. (B) annual approval for a nonresident $50.00.

(28) For approvals of the offset permits issued under 10 V.S.A. § 1264a:

(A) Individual offset permit $300.00. (B) General offset permit $100.00.

(29) For salvage yards permitted under 24 V.S.A chapter 61, subchapter 10:

(A) facilities that crush or shred $1,250.00 per facility. junk motor vehicles. (B) facilities that accept or $750.00 per facility. dismantle junk motor vehicles. (C) facilities that manage junk $350.00 per facility. on site excluding junk motor vehicles. (D) facilities the primary activity $300.00 per facility. of which is handling total-loss vehicles from insurance companies.

History

Reference in text. 10 V.S.A. § 1264a, referred to in subdiv. (j)(28), was repealed by 2008, No. 140 (Adj. Sess.), § 10(a), eff. January 15, 2012.

Section 2827, referred to in subdiv. (j)(21), was repealed by 2001, No. 133 (Adj. Sess.), § 14(b).

Section 905b(10)(A) and (B) of Title 10, referred to in subdiv. (h)(8), was repealed by 1989, No. 88 , § 1.

2017. In subsec. (c), substituted "Public Utility Commission" for "Public Service Board" in two places in accordance with 2017, No. 53 , § 12.

2016. In subdivs. (j)(2) and (j)(A)(iv)(I) and (II), deleted the (aa) designation to conform to V.S.A. style.

2007. Corrected cross reference from "1246c of Title 10" to "section 1264c of Title 10".

Amendments--2019. Subdivs. (j)(26)(H) and (I): Added.

Amendments--2017 (Adj. Sess.). Subdiv. (j)(2)(B)(iv)(VI): Act 168 substituted "For application" for "Application" preceding "to operate" and ", the following fees" for ": $2,000.00" and added subdivs. (aa)-(ii).

Subdiv. (j)(2)(B)(iv)(X): Added by Act 181.

Subdiv. (j)(26): Act 194 deleted "(j)" following "of this subsection" near the end of the introductory paragraph.

Subdiv. (j)(26)(C): Act No. 194, § 8 added "or for installation of a pipeline in a wetland for the transport of manure for the purpose of farming, as that term is defined in 10 V.S.A. § 6001(22), when the pipeline will serve or implement a water quality or conservation practice" near the end of the first sentence.

Subdiv. (j)(26)(C): Act No. 194, § 8a deleted "or for installation of a pipeline in a wetland for the transport of manure for the purpose of farming, as that term is defined in 10 V.S.A. § 6001(22), when the pipeline will serve or implement a water quality or conservation practice" following "cropland use" in the first sentence.

Amendments--2017. Subdiv. (j)(1)(A): Inserted the subdiv. heading.

Subdivs. (j)(1)(A)(i)(I)(cc) and (j)(1)(C): Added.

Amendments--2015 (Adj. Sess.). Subsec. (i): Act No. 97 deleted the version as amended by 2015, No. 57 .

Subdiv. (j)(2)(A)(iv)(I): Inserted ", sewage" following "discharge" by Act No. 149.

Subdiv. (j)(2)(A)(iv)(II): Added by Act No. 149.

Subdiv. (j)(2)(A)(iv)(III): Substituted "individual permit; amendment for increased flows; amendment for modification or replacement of system" for "original permit" by Act No. 149.

Subdivs. (j)(2)(B)(iv)(VIII), (j)(2)(B)(iv)(IX): Added by Act No. 149.

Subdivs. (j)(14), (j)(21): Repealed by Act No. 156.

Subdiv. (m)(1): Act No. 159 substituted "$2.00 at time" for "$1.00 at time".

Amendments--2015. Act No. 57 rewrote subsecs. (i)-(k) and repealed subsec. ( l ).

Act No. 58 repealed subsec. (n).

Act No. 64 rewrote subsecs. (i) and (j).

Amendments--2013 (Adj. Sess.). Subdivision (j)(32): Added.

Amendments--2013. Subdivision (j)(4)(D): Act No. 59 added "or neighborhood development area" in the first sentence.

Subdivision (j)(31): Added by Act No. 58.

Amendments--2011 (Adj. Sess.). Subsection (a): Deleted "and shall prepare and submit to the governor and the general assembly in November of each year a report concerning the operation of the agency for the preceding fiscal year and the future goals and objectives of the agency" from the end of the last sentence.

Subsection (g): Amended generally.

Subsections (j) and (k): Amended generally.

Amendments--2009 (Adj. Sess.) Subsection (j): Amended generally.

Subsection ( l )(2): Added the subdiv. (A) designation, and added subdiv. (B).

Amendments--2009. Subsection (e): Added.

Subdivision (j)(4)(C)(iv): Substituted "civil marriage, or civil union" for "marriage, or civil union" and "related by blood, civil marriage" for "related by blood, marriage".

Subdivision (j)(13): Substituted "10 V.S.A. § 1455" for "10 V.S.A. § 1263a".

Amendments--2007 (Adj. Sess.). Subsection (i): Act No. 153 substituted "subdivisions (j)(2)(A)(iii) and (2)(B)(iv)(I) or (II)" for "subdivision (j)(2)(A)(iii)", and repealed the former last sentence.

Amendments--2007. Subsections (j) and (k): Amended generally.

Subdivision (j)(4)(D)(iv): Added by Act No. 176.

Subdivision (j)(6): Amended generally by Act No. 122.

Amendments--2005. Subdivision (j)(6): Amended generally by Act No. 65.

Subdivision (j)(7)(D)(i): Amended generally by Act No. 15.

Amendments--2003 (Adj. Sess.). Section amended generally.

Amendments--2001 (Adj. Sess.). Subdivision (j)(3): Deleted.

Subdivision (j)(2): Amended generally.

Subdivision (j)(4): Amended generally.

Subdivision (j)(24): Former subdiv. (j)(25) redesignated as present subdiv. (j)(24).

Subdivision (j)(25): Added.

Subdivision (j)(26): Added.

Amendments--2001. Subsection (h): Repealed.

Subsection (j): Amended generally.

Subdivision (m)(2): Rewrote the second sentence.

Amendments--1997 (Adj. Sess.) Act No. 106 added subdivs. (h)(23) and (j)(24).

Act No. 155 substituted "The secretary" for "He" at the beginning of the second sentence of subsec. (a); substituted "no later than the third Tuesday of each annual legislative session" for "annually by February 15" in the third sentence and added the last sentence of subsec. (g); rewrote subsecs. (h)-(j); and added subsec. (n).

Amendments--1995 (Adj. Sess.) Subdivision (j)(5): Act No. 103 substituted "$300.00" for "$200.00" in subdivs. (A)(i) and (B)(i) and "$300.00" for "$100.00" in subdivs. (A)(ii) and (B)(ii), deleted subdivs. (C) and (D), and substituted "renewal every three years" for "annual renewal" in the first sentence of the final undesignated paragraph.

Subdivision (j)(9): Added by Act No. 141.

Amendments--1995. Subsection (f): Amended generally.

Amendments--1993 (Adj. Sess.). Subdivision (j)(4): Added the second sentence of subdivs. (A) and (B).

Subdivision (j)(3): Added subdivs. (E) and (F).

Amendments--1993. Act No. 48 inserted "and bottled water" preceding "permits", substituted "10 V.S.A. chapter 56" for "10 V.S.A. §§ 1675 and 1676" in subdiv. (h)(19) and added subsec. (j).

Act No. 92 inserted "(h)(1)" preceding "(h)(3)" in the fourth sentence of subsec. (i) and added subsecs. (k)-(m).

Amendments--1991. Subsection (h): Added subdivs. (19) and (20).

Subsection (i): Added the first sentence, rewrote the second sentence, deleted "and" preceding "(h)(11)" and inserted "(h)(19) and (h)(20)" thereafter in the fourth sentence and deleted the fifth sentence.

Amendments--1989 (Adj. Sess.). Subsection (e): Repealed.

Subsection (h): Added.

Subsection (i): Added.

Amendments--1989. Subsection (c): Repealed by Act No. 98.

Subsection (d): Repealed by Act No. 98.

Subdivision (e)(8): Act No. 88 substituted " § 1263a" for " § 905b(10)(A) and (B)" in the introductory clause, inserted "pesticide" preceding "chemical" in subdiv. (A) and substituted "barriers or structural controls" for "screening" in subdiv. (B).

Amendments--1987 (Adj. Sess.). Subsection (e): Rewrote the introductory paragraph of subdiv. (5).

Amendments--1987. Subdivision (c)(1): Substituted "department of environmental conservation" for "department of water resources and environmental engineering" preceding "on behalf".

Subsection (e): Amended generally.

Subsection (g): Added.

Amendments--1985. Subsection (d): Rewrote the first sentence and added the second sentence.

Amendments--1983 (Adj. Sess.). Subdivision (c)(1): Substituted "department of water resources and environmental engineering" for "division of protection" following "secretary, or the".

Amendments--1981 (Adj. Sess.). Subdivision (c)(1): Substituted "rules adopted" for "regulations duly promulgated" preceding "thereunder" and "10 V.S.A. chapters 23, 47 and 151; and 18 V.S.A. sections 1215-1220 and chapter 25" for "chapter 151 of Title 10; chapter 47 of Title 10; chapter 23 of Title 10, chapter 159 of Title 10, and sections 1215 through 1220 and chapter 25 of Title 18" thereafter.

Amendments--1979 (Adj. Sess.). Subdivision (c)(1): Substituted "the division of protection" for "his duly authorized representative" preceding "on behalf", deleted "and" preceding "chapter 159 of Title 10" and added "and sections 1215 through 1220 and chapter 25 of Title 18" thereafter.

Amendments--1977. Subdivision (c)(1): Act No. 106 substituted "chapter 47 of Title 10; chapter 23 of Title 10, and chapter 159 of Title 10" for "chapter 33 of Title 10; chapter 15 of Title 10" following "chapter 151 of Title 10".

Subsection (f): Added by Act No. 78.

Amendments--1975 (Adj. Sess.). Subsection (e): Added.

Amendments--1971 (Adj. Sess.). Subsection (d): Added.

Amendments--1971. Subsection (c): Added.

Permit fees. 1987, No. 76 , § 19, provides: "It is the intention of the general assembly that the provisions of this act [which amended this section, sections 555, 905b, 1263, 1265, 1395, 1927, 1936, 6083, 6089 and 1931 of Title 10, and section 252 of Title 21] governing permit fees shall supersede fees established elsewhere for these permits".

Public water supply permit and application fees. 1991, No. 71 , § 4a, provided:

"Fees for public water supply permits and applications under 3 V.S.A. § 2822(h)(19) and (20) are established as follows, effective on July 1, 1991.

"(1) For public water supply permit applications: $200.00 per application plus $0.002 per gallon of design capacity.

"(2) For water treatment plant applications: $0.0015 per gallon of design capacity.

"(3) For new source approval applications for community systems: $500.00 per source.

"(4) For public water supply operation permits and renewals:

transient, noncommunity: $15.00 per year

nontransient, noncommunity: $30.00 per year

community: $0.50 per connection per year".

Transitional implementation of annual operating fee. 1997, No. 155 (Adj. Sess.), § 32a, provides: "Any person who has paid an application fee for a discharge permit, prior to July 1, 1998, pursuant to 3 V.S.A. § 2822(j)(2)(A) shall be exempt from paying an annual operating fee under subdivision (j)(2)(B) of that section, until the end of the term established in the existing permit".

Expiration of amendments to subsection (j)(2)(A)(iii) and (B)(iv). 2001, No. 143 (Adj. Sess.) § 60(c), provides that the amendments to subdivisions (j)(2)(A)(iii) and (B)(iv), as amended in § 52 of No. 143, shall expire on July 1, 2004 and, upon that date, the content of subdivisions (j)(2)(A)(iii) and (B)(iv) shall revert to content that existed before the effective date of Act 143.

Transition implementation of amendments to 3 V.S.A. 2822(j)(17). 2003, No. 163 (Adj. Sess.), § 20, provides: "Any person who has paid a renewal fee for a hazardous waste facility certification prior to July 1, 2004, pursuant to 3 V.S.A. § 2822(j)(17), shall be exempt from paying the annual operating fee under subdivision (17)(B) until the end of the term established in the existing certification."

Repeal of sunset of subsections (k)-(m). 1993, No. 92 , § 20, provided for the sunset of subsections (k)-(m), effective July 1, 1996; however, pursuant to 1995, No. 186 (Adj. Sess.), § 28, as amended by 1997, No. 155 (Adj. Sess.), § 39(a), 1999, No. 49 , § 154, and 2001, No. 65 , § 27, the expiration date of those subsections is extended through June 30, 2004. Pursuant to 2003, No. 163 (Adj. Sess.), § 21(b), the expiration date of those subsections has been repealed.

Implementation and reversion. 2007, No. 76 , § 30b(a) provides: "Sec. 30a (exclusion from general permit fees) [which amended subsec. (i)] shall take effect upon passage and shall be effective retroactively back to August 1, 2006. The department of environmental conservation shall refund any fees collected from applicants operating under SIC codes 2411, 2421, 2426 and 2429 pursuant to 3 V.S.A. § 2822(j)(2)(A)(iii)(IV) between August 1, 2006 and the effective date of this section."

Expiration of subsection (i). 2007, No. 76 , § 30a(b) provides: "Sec. 30a (exclusion from general permit fees) [which amended subsec. (i)] shall expire on July 1, 2008 and, on that date, the content of 3 V.S.A. § 2822(i) shall revert to the content that existed before the amendment contained in this act."

Implementation. 2007, No. 76 , § 30b(a) as amended by 2007, No. 153 (Adj. Sess.), § 4 provides: "The department of environmental conservation shall refund any fees collected from applicants operating under SIC codes 2411, 2421, 2426 and 2429 pursuant to 3 V.S.A. § 2822(j)(2)(A)(iii)(IV) between August 1, 2006 and June 30, 2008."

Effective date of subdiv. (j)(29). 2009, No. 134 (Adj. Sess.), § 38 provides that subdiv. (j)(29) (salvage yard fees) as added by that act shall take effect May 29, 2010.

Long-term monitoring of wastewater discharge. 2009, No. 156 (Adj. Sess.), § F.16(a) provides: "Pursuant to 3 V.S.A. § 2822(j)(2)(B)(i), the agency of natural resources charges an annual fee for the monitoring of certain wastewater discharges. Notwithstanding 3 V.S.A. § 2809, it is the intent of the general assembly to create a special fund that will be used to cover the continuing costs of monitoring in the event that the facilities monitored cease discharging wastewater. The general assembly anticipates that the special fund will be financed by a fee assessment on the facilities that are monitored prior to any cessation of their business."

Assessment of DEC fees on State Agencies and municipalities. 2015, No. 64 , § 46 provides: "When applicable, the Agency of Natural Resources shall assess fees established under 3 V.S.A. § 2822(j)(2)(A)(iii), (j)(7)(A) and (B), (j)(10), (j)(11), and (j)(26) on municipalities at the end of the most recent applicable municipal fiscal year in order to avoid potential effects on approved municipal budgets."

Retroactive effective date of amendments. 2015, No. 149 (Adj. Sess.), § 48(b) provides: "Notwithstanding 1 V.S.A. § 214, in Sec. 45 (stormwater discharge permits), in 3 V.S.A. § 2822(j), subdivision (2)(A) shall take effect retroactively on July 1, 2015."

Cross References

Cross references. Enforcement powers of Secretary, see 10 V.S.A. § 8001 et seq.

ANNOTATIONS

1. Contempt of court order.

Subdivision (c)(4) of this section, authorizing court to impose a nonpurgeable fine on a person who fails to comply with environmental laws, does not grant the court power to, in effect, establish a forfeiture clause in a court order. State v. Pownal Tanning Co., 142 Vt. 601, 459 A.2d 989 (1983).

Subdivision (c)(4) of this section requires mandatory imposition of nonpurgeable fine for violation of court order issued pursuant to this section. State v. Pownal Tanning Co., 142 Vt. 601, 459 A.2d 989 (1983).

Cited. State Agency of Natural Resources v. Riendeau, 157 Vt. 615, 603 A.2d 360 (1991); In re Vermont Marble Co., 162 Vt. 355, 648 A.2d 381 (1994).

§ 2823. Executive assistants; vacancy.

  1. The Secretary, with the approval of the Governor, may appoint, outside the classified service, an executive assistant to serve at his or her pleasure, or designate the same from within the classified personnel of the Agency.  The executive assistant shall perform such duties as the Secretary prescribes.
  2. The Secretary, with the approval of the Governor, shall designate his or her executive assistant or a commissioner to act in the event of a vacancy or in his or her absence.  The provisions of subsections 253(d) and (e) of this title shall apply.

    Added 1969, No. 246 (Adj. Sess.), § 4(d), (g), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 4.

History

Amendments--1979 (Adj. Sess.). Subsection (a): Amended generally.

§ 2824. Transfer of personnel and appropriations.

  1. The Secretary with the approval of the Governor, may transfer classified positions, excepting Department of Fish and Wildlife positions, between State departments and other components of the Agency, subject only to personnel laws and rules.
  2. The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriations were made, excepting Fish and Wildlife Funds which shall remain separate and intact.

    Added 1969, No. 246 (Adj. Sess.), § 4(e), (f), eff. June 1, 1970; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.

History

Amendments--1983 (Adj. Sess.). Subsection (a): Substituted "wildlife" for "game" following "fish and".

Subsection (b): Substituted "wildlife" for "game" following "fish and".

§ 2825. Duties of the Secretary.

  1. The primary duties of the Secretary are to coordinate the activities of the various departments and divisions of the Agency for the proper development, management, and preservation of Vermont's natural resources, to develop policies for the proper and beneficial development, management, and preservation of resources in harmony with the State comprehensive planning program and to promote the effective application of these policies by the departments and divisions affected.
  2. The Secretary, with approval of the Governor, may direct the Commissioner of Finance and Management to pay monies from the outdoor recreation land and water conservation fund to State agencies or to a municipality for recreational projects in accordance with the conditions of Public Law 88-578.
  3. The Secretary may enter into contracts and agreements with agencies of the United States and furnish to the agencies reports and information necessary to enable their officials to perform their duties under Public Law 88-578, and amendments thereto.
  4. The Secretary may delegate authorities and duties assigned to him or her by statute, for the purpose of administering 10 V.S.A. chapters 55 and 159 and 24 V.S.A. chapter 120.
  5. Before acquiring any interest in real property, the Secretary shall offer to the legislative body of the municipality in which the real property is located the opportunity to meet, during which meeting the Secretary or his or her designee shall describe the proposed acquisition and answer questions raised by town officials or the general public, including questions concerning the impact of the proposed acquisition on local tax revenues. The municipality may hold a nonbinding referendum on the proposed acquisition, either at the discretion of the legislative body of the municipality or upon petition signed by five percent of the legal voters of the municipality and presented to the legislative body. The Secretary shall consider the results of any such referendum in making a final decision on whether to acquire the property.

    Added 1979, No. 159 (Adj. Sess.), § 11; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 276 (Adj. Sess.), § 29, eff. June 20, 1990; 2001, No. 149 (Adj. Sess.), § 84, eff. June 27, 2002.

History

Reference in text. Public Law 88-578, referred to in subsecs. (b) and (c), is the Land and Water Conservation Fund Act of 1965, codified as 16 U.S.C. §§ 460l-4-460l-11.

Revision note. Substituted "commissioner of finance and management" for "commissioner of finance and information support" in subsec. (b) in light of Executive Order 35-87, which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of that entity to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix.

Amendments--2001 (Adj. Sess.) Subsection (e): Added.

Amendments--1989 (Adj. Sess.). Subsection (d): Added.

Amendments--1983 (Adj. Sess.). Subsection (b): Substituted "commissioner of finance and information support" for "finance commissioner" preceding "to pay".

Establishment and implementation of the youth conservation corps program. 1985, No. 68 , eff. May 21, 1985, provides for the establishment, development, implementation and duration of the youth conservation corps program.

Section 1 of the Act provides:

"(a) The secretary of the agency of environmental conservation in cooperation with the commissioner of employment and training is hereby directed to develop and implement a youth work program to improve, restore, maintain and conserve public buildings, lands and waters.

"(b) The Vermont conservation corps program may be offered throughout the year. It shall be the purpose of the program to provide economic, vocational and educational opportunities for Vermont youths who are not less than 16 nor more than 21 years of age. At least half of the youths enrolled in the program shall be economically disadvantaged as defined and certified by Vermont's Summer Youth Employment Program, funded by the federal Job Training Partnership Act.

"(c) To effectuate the purposes of this act, the secretary may:

"(1) employ a Vermont youth conservation corps director and the support staff necessary to direct, supervise and implement the program;

"(2) adopt criteria and procedures for the selection of applicants;

"(3) subject to the limitations of 32 V.S.A. § 5, apply for and accept grants or contributions of funds from any public or private source; and

"(4) purchase a policy of liability insurance for the benefit of the state, its employees and enrollees while performing their official duties pursuant to the provisions of this act".

Section 3 of the Act provides for the termination of the youth conservation corps program when funds become unavailable under the federal Job Training Partnership Act. Provisions relating to funding of summer youth employment and training programs under the Job Training Partnership Act are codified as 29 U.S.C. § 1631 et seq.

Youth conservation corps fund. 1987, No. 89 , § 310, provides: "There is hereby established a special fund to be known as the youth conservation corps fund to support the operation of the youth conservation corps as established by No. 68 of the Acts of 1985. Receipts to the fund shall consist of gifts, grants, and donations to the corps. The fund shall carry forward from year to year. The fund shall be maintained in an interest bearing account and the interest earned shall be retained by the fund".

Acceptance of federal grants. 1995, No. 186 (Adj. Sess.), § 274, provided: "The commissioner of employment and training, as agent for the governor in accordance with the provisions of the Job Training Partnership Act (P.L. 97-300) is hereby authorized to accept federal grants provided for in the Job Training Partnership Act".

Provisions relating to job training and employment programs under the Job Training Partnership Act are codified as 29 U.S.C. § 1501 et seq.

ANNOTATIONS

Analysis

1. Construction.

Construction of statutes which would have unreasonable result of limiting functions of Secretary of Agency of Natural Resources' delegated representative in many environmental programs should be avoided; separate provision granting similar authorization to Secretary is merely superfluous. Secretary v. Henry, 161 Vt. 556, 641 A.2d 1345 (1994).

2. Allocation of federal funds.

The interagency committee on natural resources was created by former § 21 of Title 10 for the purpose of coordinating all branches of the state government dealing in natural resources. In order to carry out its duties it had the authority to allocate all federal matching funds received under P.L. 88-578 (Land and Water Conservation Fund Act of 1965) and to determine the amount, as well as the department or agency to receive the funds. 1964-66 Op. Atty. Gen. 311.

§ 2826. Environmental notice bulletin; permit handbook.

  1. The Secretary shall establish an environmental notice bulletin, in order to provide for the timely public notification of permit applications, notices, comment periods, hearings, and permitting decisions. The bulletin shall consist of a website and an e-mail notification system. The Secretary shall ensure that the website for the bulletin is readily accessible from the Agency's main web page.
    1. When 10 V.S.A. chapter 170 requires the posting of information to the bulletin, the Secretary shall post the information to the bulletin's website.
    2. When 10 V.S.A. chapter 170 requires notice to persons through the environmental notice bulletin, the bulletin shall generate an e-mail notification to those persons containing the information required by that chapter.
    3. The Secretary shall provide members of the public the ability to register, through the bulletin, for a list of interested persons to receive e-mail notification of permit activity based on permit type, municipality, proximity to a specified address, or a combination of these characteristics.
    4. If an individual does not have an e-mail address, the individual may request to receive notifications through U.S. mail. On receipt of such a request, the Secretary shall mail to the individual the same information that the individual would have otherwise received through an e-mail generated by the bulletin.
  2. The Secretary shall publish a permit handbook that lists all of the permits required for the programs administered by the Department of Environmental Conservation. The handbook shall include examples of activities that require certain permits, an explanation in lay terms of each of the permitting programs involved, and the names, addresses, and telephone numbers of the person or persons to contact for further information for each of the permitting programs. The Secretary shall update the handbook periodically.

    Added 1993, No. 232 (Adj. Sess.), § 23, eff. June 21, 1994; amended 2003, No. 115 (Adj. Sess.), § 5; 2015, No. 150 (Adj. Sess.), § 3, eff. Jan. 1, 2018.

History

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--2003 (Adj. Sess.). Subsection (a): Inserted "on the agency's website. At a minimum, the bulletin shall contain the following information" following "1995" and added subdivs. (1)-(6).

§ 2827. Repealed. 2001, No. 133 (Adj. Sess.), § 14(b).

History

Former § 2827. Former § 2827, relating to site technician certification training or experience; categories, was derived from 1995, No. 48 , § 2.

§ 2828. Project scoping process.

  1. Applicability.  This section shall govern all applications for permits, certifications, or other authorizations, except for professional licenses, issued by the Department of Environmental Conservation or under 10 V.S.A. chapter 151.
  2. Determining project scope.  An applicant for any permit, certification, or other authorization, except for a professional license, issued by the Department of Environmental Conservation or a District Environmental Commission may request to engage in a project scoping process. If a project scoping request is made, the Department of Environmental Conservation and, if appropriate, the District Coordinator shall prepare a project review sheet based on information submitted by the applicant. The project review sheet shall indicate:
    1. a brief description of the project and all permits necessary for the project;
    2. whether a land use permit is required by chapter 151 of this title; and
    3. a project identification number assigned by the Secretary, for use on all applications, notices, permits, and decisions issued by the Secretary.
  3. Project review sheet.  The project review sheet shall be prepared based on the information submitted by the project applicant. If, based on supplemental information, or for other good cause, the Secretary determines that a project will require other permits or the District Coordinator determines that a land use permit under chapter 151 of this title is required, notwithstanding the fact that the permit requirement did not appear on the initial project review sheet, the project review sheet shall be amended. Any failure by the applicant, Secretary, or a District Coordinator to identify on the project review sheet a required permit or authorization issued by the Secretary, or a land use permit issued under 10 V.S.A. chapter 151, shall not constitute a waiver of jurisdiction.
  4. Project scoping meeting.  If the applicant elects to initiate a project scoping process upon completion of the project review sheet or submittal of the first permit application at either the local or State level, the applicant shall schedule a project scoping meeting.
  5. Notice of project scoping meeting.  The applicant shall notice the proposed project scoping meeting, at least 30 days prior to the date of the meeting, by sending a copy of the project review sheet by first class mail, postage prepaid, to each of the following: the owner of the land where the project is located if the applicant is not the owner; the municipality in which the project is located; the Municipal and Regional Planning Commissions for any municipality in which the project is located; if the project site is located on a boundary, any Vermont municipality adjacent to that boundary and the Municipal and Regional Planning Commissions for that municipality; any state agency identified on the project scoping sheet as being affected by the project; and all adjoining landowners and residents. In addition, the applicant shall assure that this notice is published in a newspaper of general circulation in the area of the proposed project. The applicant shall furnish by affidavit to the Secretary the names of those furnished notice.
  6. Project scoping meeting.  The applicant or a representative of the applicant shall be present at the meeting. The following persons should be present at the scoping meeting: the Secretary or the Secretary's designee; the District Coordinator, if the proposed project will require a land use permit under 10 V.S.A chapter 151; and a representative of a local permitting authority or a member of the selectboard of the town in which the project is located, if no local permitting authority exists. No person who is to participate as a decision maker on a municipal panel that will consider an application related to the project that is subject of the scoping meeting may act as a municipal representative under this subsection. At the meeting, the applicant or a representative of the applicant shall present a description of the proposed project and be available for questions from the public concerning the proposed project. The purpose of the meeting shall be to provide public information and increase notice about the project, allow discussion of the proposed project, and identify potential issues at the beginning of the project review process. The applicant shall provide copies of the project review sheet to persons attending the meeting.

    Added 2003, No. 115 (Adj. Sess.), § 6.

§ 2840. Wind energy generation; State lands.

  1. Wind energy generation facilities can provide an important combination of environmental, energy, and economic benefits to the State. Given these benefits, and the fact that the State has allowed other types of facilities to be sited on State lands, it is reasonable to site wind energy generation facilities on State lands, including wind energy generation facilities that are of commercial scale, if such siting does not directly conflict with a specific restriction in federal or State law or with a specific restriction or covenant contained in a conveyance of an interest in the property to the State or one of its agencies or departments, and if sites for wind energy on State lands are chosen and developed in a manner that maximizes energy production and minimizes environmental and aesthetic impacts.
  2. The existing policy of the Agency, entitled "Wind Energy and Other Renewable Energy Development on ANR Lands" (Dec. 2004) (the existing policy) shall not bar the Agency from considering any proposal to construct a meteorological station or wind energy generation facility, including a wind energy generation facility of commercial scale, on lands that the Agency owns or controls. If the Agency receives such a proposal, the Agency shall review the proposal within a reasonably prompt period and provide the entity making the proposal with information regarding the feasibility of and potential constraints that may apply to the proposal. The Agency also shall consider the potential costs and benefits of the proposal to the State of Vermont, including any benefits or impacts that would be derived from leasing State lands to the entity making the proposal.
  3. On receipt of significant new information on the existing policy or on wind energy generation on State lands, the Agency shall undertake a review of that policy and determine if a change in the policy is warranted. During that review, the Agency shall solicit the comments and recommendations of wind energy developers, renewable energy organizations, and other potentially affected entities.
  4. No later than February 15, 2010, the Agency shall report to the House and Senate Natural Resources and Energy Committees on at least each of the following:
    1. The Agency shall identify whether significant new information on the existing policy or on wind energy generation on State lands was received by the Agency after April 2, 2009.
    2. The Agency shall state whether, after April 2, 2009, it undertook a review of the existing policy.
    3. If the Agency undertook a review of the existing policy after April 2, 2009, the Agency shall summarize each conclusion reached by the Agency as a result of that review and the reasons for each such conclusion.
    4. The Agency shall state whether, after April 2, 2009, it made any changes in the existing policy and summarize each such change.
    5. The Agency shall state whether it has received any proposals for construction and operation of meteorological stations or wind energy generation facilities on State lands.
    6. If the Agency received any proposals for construction and operation of meteorological stations or wind energy generation facilities on State lands, the Agency shall provide a summary of each such proposal and the Agency's response to each such proposal.

      Added 2009, No. 45 , § 8, eff. May 27, 2009.

Subchapter 3. Commissioners and Directors

§ 2851. Commissioners - Appointment; term.

The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. The term of the commissioner shall be concurrent with that of the Secretary.

Added 1969, No. 246 (Adj. Sess.), § 5(a), eff. June 1, 1970.

ANNOTATIONS

Cited. In re Vermont Marble Co., 162 Vt. 355, 648 A.2d 381 (1994).

§ 2852. Mandatory duties.

  1. The commissioner shall, with approval of the Secretary determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.
  2. In addition to other duties imposed by law, the Commissioner shall:
    1. administer the laws assigned to the department;
    2. coordinate and integrate the work of the divisions;
    3. supervise and control all staff functions.

      Added 1969, No. 246 (Adj. Sess.), § 5(b), (c), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 5.

History

Amendments--1979 (Adj. Sess.). Subsection (a): Added "with approval of the secretary" preceding "determine".

§ 2853. Permissive duties; approval of Secretary.

The commissioner with the approval of the Secretary, may:

  1. Transfer appropriations or parts thereof within or between divisions and branches, consistent with the purposes for which the appropriations were made.
  2. Transfer classified positions within or between divisions subject only to State personnel laws and regulations.
  3. Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.
  4. Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department.
  5. Make regulations consistent with law for the internal administration of the department and its programs.
  6. Appoint a deputy commissioner. The provisions of subsections 253(d) and (e) of this title shall apply.
  7. Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers.
  8. Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places.
  9. Organize, reorganize, transfer, or abolish divisions, staff functions, or sections within the department.  This authority shall not extend to divisions or other bodies created by law.

    Added 1969, No. 246 (Adj. Sess.), § 5(d), eff. June 1, 1970.

Cross References

Cross references. Procedure for adoption of Administrative Rules, see § 801 et seq. of this title.

§ 2854. Directors.

  1. A director shall administer each division within the Agency. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions which are part of a department, and the Secretary shall appoint any other directors.  All directors shall be appointed subject to the provisions of section 15 of this act.
  2. Each division and its officers shall be under the direction and control of the commissioner or the Secretary, except with regard to judicial or quasi-judicial acts or duties vested in them by law.
  3. No regulation may be issued by a director of a division without the approval of the commissioner or his or her designee and the Secretary.

    Added 1969, No. 246 (Adj. Sess.), § 6(a), (c), (d), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 6.

History

Reference in text. "Section 15 of this act", referred to in subsec. (a), is found at 1969, No. 246 (Adj. Sess.), § 15, which provided: "Each commissioner and deputy commissioner of a department with the agency who is in office on the effective date of this act [June 1, 1970] shall continue in office in accordance with the provisions of law in effect immediately prior to the taking effect of this act, until the expiration of his term of office, unless he sooner dies or resigns or is removed from office as provided by law. Each division director of a department in office on the effective date of this act shall continue in office in accordance with the rules and regulations of the classified personnel system, under 3 V.S.A. chapter 13".

Amendments--1979 (Adj. Sess.). Subsection (b): Inserted "or the secretary" following "commissioner".

Subsection (c): Added "and the secretary" following "designee".

Subchapter 4. Departments, Divisions, and Boards

§ 2871. Department of Fish and Wildlife.

The Department of Fish and Wildlife is reconstituted within the Agency of Natural Resources as the successor to and the continuation of the Department of Fish and Wildlife. Fish and wildlife funds shall be used only for the purposes of the Department.

Added 1969, No. 246 (Adj. Sess.), § 7, eff. June 1, 1970; amended 1983, No. 158 (Adj. Sess.), eff. April 3, 1984; 1987, No. 76 , § 18.

History

Amendments--1987. In the first sentence, substituted "agency of natural resources" for "agency of environmental conservation".

Amendments--1983 (Adj. Sess.). Substituted "wildlife" for "game" following "fish and" in the catchline, preceding "is reconstituted" and following "fish and" in the first sentence and preceding "funds" in the second sentence.

Cross References

Cross references. Department of Fish and Wildlife generally, see 10 V.S.A. § 4041 et seq.

ANNOTATIONS

Cited. In re Vermont Marble Co., 162 Vt. 355, 648 A.2d 381 (1994).

§ 2872. Department of Forests, Parks and Recreation.

The Department of Forests, Parks and Recreation is reconstituted within the Agency of Natural Resources as the successor to and the continuation of the Department of Forests and Parks and the Division of Recreation; including the Board of Forests, Parks and Recreation with jurisdiction over Camel's Hump Forest Reserve Commission, Northeast Forest Fire Protection Commission, and the Forest Resource Advisory Council.

Added 1969, No. 246 (Adj. Sess.), § 8, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 7; 1987, No. 76 , § 18.

History

Amendments--1987. Substituted "agency of natural resources" for "agency of environmental conservation" at the beginning of the section.

Amendments--1979 (Adj. Sess.). Amended section generally.

Cross References

Cross references. Department of Forests, Parks and Recreation generally, see 10 V.S.A. § 2601 et seq.

§ 2873. Department of Environmental Conservation.

  1. The Department of Environmental Conservation is created within the Agency of Natural Resources. The Department is the successor to and continuation of the Department of Water Resources and Environmental Engineering, and shall administer the Water Resources Programs contained in Title 10; air pollution control and abatement as provided in 10 V.S.A. chapter 23; and waste disposal as provided in 10 V.S.A. chapter 159.
  2. The Department may perform design and construction supervision services for major maintenance and capital construction projects for the Agency and all of its components.
  3. [Repealed.]
  4. Nothing in this section shall prevent the Commissioner of Labor from exercising his or her authority to regulate public buildings.
  5. There is created within the Department of Environmental Conservation a Division of Pollution Prevention, which shall carry out nonregulatory functions of the Department under 10 V.S.A. chapter 159, subchapter 2, in providing technical assistance and coordinating State efforts to bring about a decrease, within the State, in the use of toxics and the generation of hazardous wastes. The Office shall:
    1. review toxics use reduction and hazardous waste reduction plans submitted by generators of hazardous wastes and by large users of toxic materials, as defined in 10 V.S.A. chapter 159, subchapter 2;
    2. provide technical assistance to industry in its plan development, plan revisions, and plan improvement under 10 V.S.A. chapter 159, subchapter 2;
    3. provide, direct, and manage on-site technical assistance under that chapter;
    4. provide staff support to the Toxics Technical Advisory Board, and implement authorized and recommended programs;
    5. sponsor, in conjunction with the Toxics Technical Advisory Board, industry-specific conferences, workshops, and seminars on toxics use reduction and hazardous waste reduction, in order to enhance information exchange and technology transfer;
    6. develop and maintain a technical library and information clearinghouse, and promote information dissemination to businesses that generate hazardous wastes or use toxic substances;
    7. develop and distribute a newsletter and other information materials for business and industry, to assist in planning for toxics use reduction and reduction in the generation of hazardous waste;
    8. maintain data and information systems on toxics use and hazardous waste reduction as specified in 10 V.S.A. chapter 159, subchapter 2, and use these systems to develop methods to measure the success of programs to reduce toxics use and the generation of hazardous waste;
    9. coordinate ongoing technical assistance on these matters, within the Agency and throughout State government;
    10. work with other State agencies to evaluate, develop, and promote pollution prevention strategies;
    11. work with other State agencies to improve data and reporting systems with respect to toxics releases;
    12. work with other State agencies to develop pilot programs that encourage toxics use reduction, multimedia source reduction, and reductions in the generation of hazardous waste;
    13. review and comment on environmental regulatory programs and proposed rules, to assure that these programs provide incentives, rather than disincentives, to pollution prevention.
  6. There is created the Toxics Technical Advisory Board, which is attached to the Division of Pollution Prevention.
    1. The Board shall consist of at least five members appointed by the Governor, representing the various geographic areas of the State and with expertise in professional disciplines such as occupational health and safety, industrial hygiene, engineering, chemistry, manufacturing, business, ecology, and environmental protection.  Members shall be selected from business and industry groups that are to be served by technical assistance.
    2. The Board shall advise the Office of Pollution Prevention on the creation and administration of a Technical Assistance Program designed to provide guidance, advice, and technical assistance to generators of hazardous waste and users of toxics.
    3. The Board shall serve as liaison with industry, business, trade associations, and educational institutions, and shall assemble volunteer teams to perform on-site technical assistance and other forms of assistance to complement programs of the office of pollution prevention.
    4. The Board shall establish and administer an award program for excellence in toxics use reduction and the reduction in the generation of hazardous waste.
  7. There is created within the Department of Environmental Conservation the Small Business Technical and Environmental Compliance Assistance Program. This Program shall include each element specified in section 507(a) of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and shall also be authorized to assist small businesses in similar fashion with regard to their obligations under all other environmental legislation administered by the Department.
  8. [Repealed.]

    Added 1969, No. 246 (Adj. Sess.), § 11, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 8; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1983, No. 193 (Adj. Sess.), § 2, eff. April 27, 1984; 1987, No. 76 , §§ 15, 16; 1987, No. 268 (Adj. Sess.), § 2, eff. June 21, 1988; 1991, No. 100 , § 10; 1993, No. 92 , § 9; 2001, No. 94 (Adj. Sess.), § 1, eff. May 2, 2002; 2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 135 (Adj. Sess.), § 26(2)(D); 2015, No. 97 (Adj. Sess.), § 7; 2017, No. 190 (Adj. Sess.), § 22, eff. May 28, 2018.

History

Revision note. In subsec. (a) deleted "solid" preceding "waste disposal as provided in chapter 159 of Title 10" to conform reference to amendment of such chapter by 1983, No. 148 (Adj. Sess.).

At the beginning of the second sentence of subdiv. (c)(2), substituted "secretary of natural resources" for "secretary of environmental conservation" pursuant to 1987, No. 76 , § 18.

Amendments--2017 (Adj. Sess.). Subsec. (b): Substituted "may" for "shall" preceding "perform".

Amendments--2015 (Adj. Sess.). Subsec. (a): Deleted "; and subdivision and trailer and tent sites as provided in subsection (c) of this section" following "10 V.S.A. chapter 159" in the second sentence.

Amendments--2009 (Adj. Sess.) Subsection (h): Repealed.

Amendments--2005 (Adj. Sess.). Subsection (d): Deleted "and industry" following "commissioner of labor".

Amendments--2001 (Adj. Sess.). Subsection (c) was amended pursuant to No. 94, § 1. It was repealed pursuant to No. 133, § 4.

Amendments--1993. Added subsecs. (g) and (h).

Amendments--1991. Added subsecs. (e) and (f).

Amendments--1987 (Adj. Sess.). Subsection (a): Deleted "public buildings" following "159 of Title 10; and" in the second sentence.

Subsection (c): Deleted "public buildings" preceding "and trailer camps" in the first sentence of subdiv. (1), "and public buildings" following "tent sites" in the second sentence of subdiv. (2) and "public buildings" preceding "except hospitals" in subdiv. (3).

Subsection (d): Added.

Amendments--1987. Subsection (a): Rewrote the section catchline and the first sentence and substituted "environmental engineering" for "the division of protection" in the second sentence.

Amendments--1983 (Adj. Sess.). Subsection (a): Act No. 193 inserted "and the division of protection" preceding "and shall" in the second sentence and deleted "and" preceding "solid waste disposal as provided in chapter 159 of Title 10" and added "and public buildings, subdivision and trailer and tent sites as provided in subsection (c) of this section" thereafter in that sentence.

Subsection (c): Act No. 158 substituted "wildlife" for "game" following "fish and" in the third sentence of subdiv. (c)(1).

Act. No. 193 amended the subsection generally.

Amendments--1979 (Adj. Sess.). Amended section generally.

Cross References

Cross references. Department of Water Resources and Environmental Engineering generally, see 10 V.S.A. § 905a et seq.

ANNOTATIONS

Cited. In re Hawk Mountain Corp., 149 Vt. 179, 542 A.2d 261 (1988).

§§ 2874 Repealed. 1983, No. 193 (Adj. Sess.), § 9, eff. April 27, 1984.

History

Former § 2874. Former § 2874, relating to Division of Protection, was derived from 1969, No. 246 (Adj. Sess.), § 9 and amended by 1979, No. 159 (Adj. Sess.), § 9.

§ 2875. Repealed. 1979, No. 159 (Adj. Sess.), § 21.

History

Former § 2875. Former § 2875, relating to Division of Recreation, was derived from 1969, No. 246 (Adj. Sess.), § 10. The subject matter is now covered by § 2872 of this title.

§ 2876. Administrative Services Division.

  1. The Administrative Services Division of the Agency is created.  It shall be administered by a Director of Administrative Services who shall be in the classified service.
  2. The Administrative Services Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:
    1. personnel administration;
    2. coordination of financing and accounting activities;
    3. coordination of filing and records maintenance activities;
    4. provision of facilities, office space, and equipment and the care thereof;
    5. requisitioning from the Department of Buildings and General Services of the Agency of Administration of supplies, equipment, and other requirements;
    6. management improvement services; and
    7. other administrative functions assigned to it by the Secretary.
  3. Other provisions of law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Administrative Services Division.

    Added 1969, No. 246 (Adj. Sess.), § 13, eff. June 1, 1970; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Revision note. Substituted "department of general services" for "purchasing division" in subdiv. (b)(5) in light of Executive Order No. 35-87, which provided for the abolition of the division of purchasing and the transfer of the duties, responsibilities, authority, authorized positions and equipment of that entity to the department of general services as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix.

Amendments--1995 (Adj. Sess.) Subdivision (b)(5): Substituted "department of buildings and general services" for "department of general services".

§ 2877. Planning Division.

  1. The Planning Division of the Agency is created.  It shall be administered by a Director of Planning.
  2. The Planning Division shall be responsible for:
    1. centralized strategic planning for all components of the Agency;
    2. coordination of professional and technical planning of the line components of the Agency, aiming towards maximum service to the public;
    3. coordinating activities and plans of the Agency with other major agencies and the Governor's office;
    4. preparing multi-year plans and long-range plans and programs to meet problems and opportunities for service to the public;
    5. other planning functions assigned to it by the Secretary.
  3. [Repealed.]

    Added 1969, No. 246 (Adj. Sess.), § 14, eff. June 1, 1970; amended 1975, No. 254 (Adj. Sess.), § 144; 1977, No. 113 , § 356; 1989, No. 245 (Adj. Sess.), § 6.

History

Amendments--1989 (Adj. Sess.). Subsection (c): Repealed.

Amendments--1977. Subsection (c): Amended generally.

Amendments--1975 (Adj. Sess.). Subsection (c): Added.

Continuation of state geologist as exempt position. 1989, No. 245 (Adj. Sess.), § 7, provided: "Notwithstanding the repeal of 3 V.S.A. § 2877(c), the position of state geologist shall continue to be an exempt position as long as the person in that office on the effective date of this act [June 16, 1990] remains in office. Thereafter, the position of state geologist shall be a classified position".

§ 2878. Repealed. 2003, No. 115 (Adj. Sess.), § 119(b), eff. January 1, 2005.

History

Former § 2878. Former § 2878, relating to independent boards, was derived from 1969, No. 246 (Adj. Sess.), § 12 and amended by 1979, No. 159 (Adj. Sess.), § 10; 1981, No. 222 (Adj. Sess.), § 3; 1987, No. 76 , § 18.

§ 2879. Division of Geology and Mineral Resources.

The Division of Geology and Mineral Resources is created. It shall be administered by a director who shall be the State Geologist.

Added 1989, No. 245 (Adj. Sess.), § 2.

CHAPTER 53. HUMAN SERVICES

History

Adoption of rules relating to family violence exemption. 1997, No. 147 (Adj. Sess.), § 121, eff. April 29, 1998, provided that the state of Vermont adopts the Family Violence option at section 402(a)(7) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. § 602. Among other things, § 121 required the secretary of human services, in consultation with the commissioner of social welfare, to file proposed rules by May 1, 1998, for the aid to needy families with children (ANFC) program that specify the conditions under which the department shall temporarily waive program requirements when a parent, other caretaker, or child in the parent or other caretaker's care is or has been a victim of family violence.

Subchapter 1. Generally

Cross References

Cross references. Community services agencies, see § 3901 et seq. of this title.

§ 3001. Definitions.

In this chapter the following words mean:

  1. Agency: The Agency of Human Services.
  2. Department: A major component of the Agency.
  3. Director: The head of a division of the Agency.
  4. Division: A major component of a department engaged in furnishing services to the public or to units of government at levels other than the State level.
  5. Commissioner: The head of a department responsible to the Secretary for the administration of the department.
  6. Secretary: The head of the Agency, a member of the Governor's Cabinet and responsible to the Governor for the administration of the Agency.

    Added 1969, No. 272 (Adj. Sess.), § 1, eff. Jan. 10, 1971.

§ 3002. Creation of Agency.

  1. An Agency of Human Services is created consisting of the following:
    1. The Department of Corrections.
    2. The Department for Children and Families.
    3. The Department of Health.
    4. The Department of Disabilities, Aging, and Independent Living.
    5. The Human Services Board.
    6. The Department of Vermont Health Access.
    7. The Department of Mental Health.
  2. The following units are attached to the Agency for administrative support:
    1. -(17) [Repealed.]

      (18) Governor's Committee on Employment of People with Disabilities.

      (19), (20) [Repealed.]

  3. Units attached to the Agency for administrative support shall receive, and shall use, the services provided by the Administrative Services Division of the Agency under section 3086 of this title.

    Added 1969, No. 272 (Adj. Sess.), § 2, eff. Jan. 10, 1971; amended 1971, No. 53 , § 3; 1971, No. 198 (Adj. Sess.), § 1, eff. March 31, 1972; 1973, No. 101 , § 3; 1973, No. 174 (Adj. Sess.), § 3; 1973, No. 236 (Adj. Sess.), § 2; 1973, No. 258 (Adj. Sess.), § 2; 1973, No. 267 (Adj. Sess.), § 8; 1975, No. 111 , § 5; 1975, No. 247 (Adj. Sess.), § 2; 1983, No. 130 (Adj. Sess.), § 2; 1989, No. 187 (Adj. Sess.), § 2; 1989, No. 219 (Adj. Sess.), § 9(a); 1989, No. 221 (Adj. Sess.), § 11; 1995, No. 174 (Adj. Sess.), § 3; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 122 (Adj. Sess.), § 106; 2005, No. 45 , § 1; 2005, No. 148 (Adj. Sess.), § 54; 2007, No. 15 , § 2; 2009, No. 156 (Adj. Sess.), § I.5; 2013, No. 96 (Adj. Sess.), § 8; 2013, No. 179 (Adj. Sess.), § E.342.8.

History

2015. In 2014, No. 96 (Adj. Sess.), § 8 amended subdivision (b)(18) to redesignate the "Governor's committee on employment of the handicapped" as the "Governor's Committee on Employment of People with Disabilities." In 2014, No. 179 (Adj. Sess.), § E.342.8 also redesignated the "Governor's committee on employment of the handicapped" as the "Governor's Committee on Employment of People with Disabilities." Subdivision (b)(19) shall read "Governor's Committee on Employment of People with Disabilities" to maintain consistency with 21 V.S.A. chapter 5.

Amendments--2013 (Adj. Sess.). Subdivisions (b)(1)-(b)(3): Repealed by Act No. 179.

Subdivision (b)(18): Act Nos. 96 and 179 substituted "Committee on Employment of People with Disabilities" for "committee on employment of the handicapped".

Amendments--2009 (Adj. Sess.) Subdivision (a)(6): Substituted "department" for "office".

Amendments--2007. Subdivision (a)(7): Added.

Amendments--2005 (Adj. Sess.). Subdivision (b)(20): Repealed.

Amendments--2005 Subdivision (a)(4): Inserted "disabilities" preceding "aging" and made minor punctuation changes.

Amendments--2003 (Adj. Sess.). Substituted "for children and families" for "of prevention, assistance, transition, and health access" in subdiv. (a)(2); deleted "except certain environmental protection activities transferred to the environmental conservation agency" from the end of subdiv. (a)(3); deleted present subdivs. (4) through (7) and redesignated former subdivs. (8) through (10) as present subdivs. (4) through (6); substituted "The" for "A" and "independent living" for " disabilities" in subdiv. (4); and substituted "Vermont health access" for "child support" in subdiv. (6).

Amendments--1999 (Adj. Sess.). Subdivision (a)(2): Substituted "department of prevention, assistance, transition, and health access" for "department of social welfare".

Amendments--1995 (Adj. Sess.) Subdivision (a)(5): Substituted "department of developmental and mental health services" for "department of mental health and mental retardation".

Amendments--1989 (Adj. Sess.). Subdivision (a)(5): Act No. 187 substituted "department of mental health and mental retardation" for "department of mental health".

Subdivision (a)(8): Act No. 219 substituted "department of aging and disabilities" for "office on aging".

Subdivision (a)(10): Added by Act No. 221.

Amendments--1983 (Adj. Sess.). Subsection (a): Substituted "the department of social and rehabilitation services" for "the vocational rehabilitation division of the department of education" in subdiv. (4) and "the office of alcohol and drug abuse" for "the alcoholic rehabilitation board" in subdiv. (6), deleted former subdivs. (7), (8) and (10) and redesignated former subdivs. (9), (11) and (12) as present subdivs. (7), (8) and (9).

Amendments--1975 (Adj. Sess.). Subdivisions (a)(7) and (10): Repealed.

Subdivisions (b)(4) and (17): Repealed.

Amendments--1975. Subdivision (b)(19): Repealed.

Amendments--1973 (Adj. Sess.). Subdivisions (b)(5)-(16): Repealed by Act No. 267. Prior to repeal, subdiv. (b)(10) was amended generally by Act No. 236.

Subdivision (b)(19): Added by Act. No. 174.

Subdivision (b)(20): Added by Act No. 258.

Amendments--1973. Subdivision (a)(12): Added.

Amendments--1971 (Adj. Sess.). Subdivision (a)(11): Added.

Amendments--1971. Subdivision (b)(1): Substituted "veterans"' for "soldiers" preceding "home".

Transfer of rights, responsibilities and functions of HOPE to governor's committee on employment of the handicapped. 1985, No. 179 (Adj. Sess.), § 1, eff. May 13, 1986, provided that the rights, responsibilities and functions of the nonprofit organization "Handicapped Opportunities and Programs in Employment" (HOPE), which were authorized by 1979, No. 48 , would be transferred to the Vermont governor's committee on employment of the handicapped.

Governor's committee on employment of the handicapped. 1979, No. 48 , provided:

"(a) All rights, responsibilities and functions currently exercised by the Vermont governor's committee on employment of the handicapped are hereby transferred to the nonprofit organization known as 'Handicap Opportunities and Programs in Employment' (HOPE). HOPE is hereby authorized to receive on behalf of the state any gifts, grants or other aid for the purposes of programs for the handicapped.

"(b) As a condition of the receipt of these rights and authority, HOPE shall carry on a continuing program to promote the employment of handicapped persons by creating state-wide interest in the rehabilitation and employment of the handicapped and by obtaining and maintaining cooperation from all public and private groups in this field. HOPE shall work in cooperation with the president's committee on employment of the handicapped in order to more effectively carry out the purposes of the entire program".

ANNOTATIONS

Cited. Sprague v. University of Vermont, 661 F. Supp. 1132 (D. Vt. 1987); Gorton v. Burlington Police Dep't, 23 F. Supp. 2d 454 (D. Vt. 1998).

§ 3003. Advisory capacity.

  1. All boards and commissions which under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards and commissions, including administrative, policy making, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.
  2. Notwithstanding subsection (a) of this section, the Board of Health shall retain and exercise all powers and functions given to the Board by law of quasi-judicial nature, including the power to conduct hearings, to adjudicate controversies, and to issue and enforce orders, in the manner and to the extent provided by law.  Boards of registration attached to this Agency shall retain and exercise all existing authority with respect to licensing and maintenance of the standards of the persons registered.

    Added 1969, No. 272 (Adj. Sess.), § 3, eff. Jan. 10, 1971.

ANNOTATIONS

1. Regulatory powers.

This section vests the secretary of the human services agency with the authority to promulgate proposed sewage disposal regulations. 1972-74 Op. Atty. Gen. 75.

§ 3004. Personnel designation.

The Secretary, Deputy Secretary, commissioners, deputy commissioners, attorneys, Directors of the Offices of State Economic Opportunity, of Alcohol and Drug Abuse Programs, and of Child Support, and all members of boards, committees, commissions, or councils attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by law, all other positions shall be within the classified service.

Added 1969, No. 272 (Adj. Sess.), § 6(b), eff. Jan. 10, 1971; amended 1979, No. 110 (Adj. Sess.); 1981, No. 12 , eff. March 27, 1981; 1989, No. 219 (Adj. Sess.), § 9(a), (c); 1993, No. 227 (Adj. Sess.), § 9; 2005, No. 45 , § 2; 2009, No. 156 (Adj. Sess.), § I.6.

History

Amendments--2009 (Adj. Sess.) Deleted "Vermont health access" following "drug abuse programs" in the first sentence.

Amendments--2005 Inserted "Vermont health access" preceding "and child support" and made a minor change in punctuation in the first sentence.

Amendments--1993 (Adj. Sess.). Inserted "deputy secretary" following "the secretary" and substituted "attorneys, directors of the offices of state economic opportunity, alcohol and drug abuse programs and child support" for "the commissioner of the department of aging and disabilities, the director of the state economic opportunity office" preceding "and all members" in the first sentence, and added "except as authorized by section 311 of this title or otherwise by law" preceding "all other" in the second sentence.

Amendments--1989 (Adj. Sess.). Substituted "commissioner of the department of aging and disabilities" for "director of the office on aging" following "deputy commissioners" in the first sentence.

Amendments--1981. Inserted "the director of the state economic opportunity office" following "aging" in the first sentence.

Amendments--1979 (Adj. Sess.). Inserted "the director of the office on aging" following "deputy commissioners" in the first sentence.

Applicability--1993 (Adj. Sess.). 1993, No. 227 (Adj. Sess.), § 37, eff. June 17, 1994, provided that the amendment to this section by section 9 of the act shall take effect with respect to any of the newly created exempt positions under that section at the time a vacancy occurs in the position, unless classified attorneys occupying those positions on June 30, 1994 elect to become exempt employees.

Subchapter 2. Secretary

§ 3021. Appointment and salary.

  1. The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.
  2. [Repealed.]

    Added 1969, No. 272 (Adj. Sess.), § 4(a), (c), eff. Jan. 10, 1971; amended 1971, No. 191 (Adj. Sess.), § 16.

History

Amendments--1971 (Adj. Sess.). Subsection (b): Repealed.

§ 3022. Budget and report.

The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency.

Added 1969, No. 272 (Adj. Sess.), § 4(b), eff. Jan. 10, 1971; amended 2009, No. 33 , § 9.

History

Amendments--2009. Deleted the former second sentence.

§ 3022a. Improving grants management for results-based programs.

  1. The Secretary of Human Services shall compile a grants inventory using the Department of Finance and Management's master list of all grants awarded during the prior fiscal year by the Agency or any of its departments to any public and private entities. The inventory should reflect:
    1. the date and title of the grant;
    2. the amount of federal and State funds committed during the prior fiscal year;
    3. a summary description of each grant;
    4. the recipient of the grant;
    5. the department responsible for making the award;
    6. the major Agency program served by the grant;
    7. the existence or nonexistence in the grant of performance measures;
    8. the scheduled expiration date of the grant;
    9. the number of people served by each grant;
    10. the length of time the entity has had the grant; and
    11. the indirect rate of the entity.
  2. Annually, on or before January 15, the Agency shall submit the inventory to the General Assembly in an electronic format.
  3. The Secretary of Human Services and the Chief Performance Officer shall report to the Government Accountability Committee in September of each year and to the House and Senate Committees on Appropriations annually, on or before January 15, regarding the progress of the Agency in improving grant management in regard to:
    1. compilation of the inventory required in subsection (a) of this section;
    2. establishing a drafting template to achieve common language and requirements for all grant agreements, to the extent that it does not conflict with Agency of Administration Bulletin 5 - Policy for Grant Issuance and Monitoring or federal requirements contained in 2 C.F.R. Chapter I, Chapter II, Part 200, including:
      1. a specific format covering expected goals and clear concise performance measures that demonstrate results and which are attached to each goal; and
      2. providing both community organizations and the Agency the same point of reference in assessing how the grantees are meeting expectations in terms of performance;
    3. executing Designated Agency Master Grant agreements using the new drafting template;
    4. executing grant agreements with other grantees using the new drafting template; and
    5. progress in improving the overall timeliness of executing agreements.

      Added 2015, No. 172 (Adj. Sess.), § E.300.1.

§ 3023. Deputy Secretary.

  1. The Secretary, with the approval of the Governor, may appoint a deputy to serve at his or her pleasure and to perform such duties as the Secretary may prescribe.  The Deputy shall be exempt from the classified service.  The appointment shall be in writing and shall be filed in the Office of the Secretary of State.
  2. The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary's absence. In case a vacancy occurs in the office of the Secretary, the Deputy shall assume and discharge the duties of office until the vacancy is filled.

    Added 1969, No. 272 (Adj. Sess.), § 4(d), eff. Jan. 10, 1971; amended 1987, No. 243 (Adj. Sess.), § 24, eff. June 13, 1988.

History

Amendments--1987 (Adj. Sess.). Amended section generally.

§ 3024. Advisory councils or committees.

The Secretary, with the approval of the Governor, may create such advisory councils or committees as he or she deems necessary within the Agency, and appoint their members for terms not exceeding his or hers.

Added 1969, No. 272 (Adj. Sess.), § 4(g), eff. Jan. 10, 1971.

§ 3025. Transfer of personnel and appropriations.

  1. The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules.
  2. The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriation was made.

    Added 1969, No. 272 (Adj. Sess.), § 4(e), (f), eff. Jan. 10, 1971.

§ 3026. Partnerships for children, families, and individuals.

    1. The Secretary of Human Services, the Secretary of Education, and the President of the University of Vermont shall establish a research partnership to study and make recommendations for improving the effectiveness of State and local health, human services, and education programs. (a) (1)  The Secretary of Human Services, the Secretary of Education, and the President of the University of Vermont shall establish a research partnership to study and make recommendations for improving the effectiveness of State and local health, human services, and education programs.
    2. The research partnership shall recommend critical program goals that support the relevant population-level outcomes for children, families, and individuals set forth in 3 V.S.A. § 2311 .
  1. The Secretaries of Human Services and of Education shall collaborate with regional partnerships for children, families, and individuals in each of the geographical regions of the State. Regional partnerships consist of citizens, consumers of health, human services, and education programs, family members, governmental agencies, and nongovernmental organizations providing health, education, and human services, economic development representatives and business leaders, and any other individuals and groups who can contribute to the activities of the regional partnership. Regional partnerships shall develop and implement local strategies for improving the social well-being of Vermonters, and shall advise the Agencies of Human Services and of Education concerning effective implementation of State and local health, human services, and education programs.
  2. The Secretaries of Human Services and of Education shall collaborate with the State team for children, families, and individuals, consisting of representatives of the agencies and departments of State government which serve children, families, and individuals, State coordinators of interagency teams, directors of private sector service and advocacy organizations, institutions of higher education, coordinators for the regional partnerships, and any other individual or group who can contribute to the activities of the State team. The State team shall support the activities of the regional partnerships, and participate in the development and implementation of State policies and programs designed to improve the well-being of Vermonters.
  3. [Repealed.]

    Added 2001, No. 63 , § 97; amended 2001, No. 142 (Adj. Sess.), § 119; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2013, No. 92 (Adj. Sess.), §§ 248, 302, eff. Feb. 14, 2014; 2015, No. 11 , § 3.

History

2013 In the introductory paragraph of subsection (a), in the second sentence, deleted ", without limitation," following "may include" in accordance with 2013, No. 5 , § 4.

Amendments--2015. Amended section generally.

Amendments--2013 (Adj. Sess.). Substituted "Secretary of Human Services, the Secretary of Education, and the President" for "secretary of human services, the commissioner of education, and the president" in subsection (a), "Secretaries of Human Services and of Education" for "secretary of human services and the commissioner of education" in subsections (b) and (c), and "Agencies of Human Services and of Education" for "agency of human services and the department of education" in subsection (b).

Amendments--2011 (Adj. Sess.). Subsection (d): Repealed.

Amendments--2001 (Adj. Sess.) Subdivision (a)(10): Added.

§ 3027. Health care system reform; improving quality and affordability.

The Director of Health Care Reform in the Agency of Human Services shall be responsible for the coordination of health care system reform efforts among Executive Branch agencies, departments, and offices, and for coordinating with the Green Mountain Care Board established in 18 V.S.A. chapter 220.

Added 2017, No. 85 , § E.300.2, eff. June 28, 2017.

§ 3028. Wholesale prescription drug importation program.

  1. The Agency of Human Services shall be responsible for the development and, upon approval from the Secretary of the U.S. Department of Health and Human Services, the implementation and administration of a wholesale prescription drug importation program that complies with the applicable requirements of 21 U.S.C. § 384, including the requirements regarding safety and cost savings.
  2. The Secretary of Human Services may adopt rules pursuant to chapter 25 of this title as needed to develop, implement, and administer the program.

    Added 2019, No. 72 , § E.300.6.

Subchapter 3. Commissioners and Directors

§ 3051. Commissioners; deputy commissioners; appointment; term.

  1. The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and shall serve at the pleasure of the Secretary.
  2. For the Department of Health, the Secretary, with the approval of the Governor, shall appoint deputy commissioners for the following divisions of the Department:
    1. Public Health;
    2. Substance Abuse.
  3. For the Department for Children and Families, the Secretary, with the approval of the Governor, shall appoint deputy commissioners for the following divisions of the Department:
    1. Economic Services;
    2. Child Development;
    3. Family Services.
  4. For the Department of Vermont Health Access, the Secretary, with the approval of the Governor, shall appoint deputy commissioners for the following divisions of the Department:
    1. Medicaid Health Services and Managed Care;
    2. Medicaid Policy, Fiscal, and Support Services;
    3. Health Care Reform;
    4. Vermont Health Benefit Exchange.
  5. Deputy commissioners shall be exempt from the classified service. Their appointments shall be in writing and shall be filed in the Office of the Secretary of State.

    Added 1969, No. 272 (Adj. Sess.), § 5(a), eff. Jan. 10, 1971; amended 2003, No. 122 (Adj. Sess.), § 106a; 2005, No. 45 , § 3; 2007, No. 15 , § 3; 2007, No. 172 (Adj. Sess.), § 1; 2011, No. 63 , § E.306.1.

History

Amendments--2011. Added present subsection (d) and redesignated former subsection (d) as present subsection (e).

Amendments--2007 (Adj. Sess.). Subsection (b): Deleted subdiv. (3).

Subsection (c): Deleted former subdiv. (1) and redesignated former subdivs. (2)-(4) as present subdivs. (1)-(3).

Subsection (d): Repealed.

Subsection (e): Redesignated as subsection (d).

Amendments--2007. Subsection (b): Deleted former subdiv. (1) and redesignated former subdivs. (2) and (3) as present subdivs. (1) and (2).

Amendments--2005 Substituted "family services" for "juvenile and child protection services" in subdiv. (c)(4), added new subsec. (d), and redesignated former subsec. (d) as subsec. (e).

Amendments--2003 (Adj. Sess.). Added "deputy commissioners" to the catchline, added the subsection (a) designation to the former undesignated paragraph, and added subsecs. (b) through (d).

§ 3052. Mandatory duties.

  1. The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.
  2. In addition to other duties imposed by law, the commissioner shall:
    1. administer the laws assigned to the department;
    2. coordinate and integrate the work of the divisions;
    3. supervise and control all staff functions.

      Added 1969, No. 272 (Adj. Sess.), § 5(b), (c), eff. Jan. 10, 1971.

ANNOTATIONS

1. Scope of authority.

Commissioner of social and rehabilitation services was entitled to absolute immunity where suit alleged conduct that fell within scope of commissioner's authority, i.e., that he violated foster home regulations by placing and maintaining plaintiff in an unlicensed home, and that he failed to train and supervise employees adequately regarding the reporting and investigating of allegations of child abuse. LaShay v. Department of Social & Rehabilitation Services, 160 Vt. 60, 625 A.2d 224 (1993).

§ 3053. Permissive duties; approval of Secretary.

The commissioner may, with the approval of the Secretary:

  1. Transfer appropriations or parts thereof within or between divisions, consistent with the purposes for which the appropriation was made.
  2. Transfer classified positions within or between divisions subject only to State personnel laws and regulations.
  3. Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.
  4. Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department.
  5. Make regulations consistent with law for the internal administration of the department and its programs.
  6. Appoint a deputy commissioner.
  7. Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding that of the commissioner.
  8. Provide training and instructions for any employees of the department, at the expense of the department, in educational institutions or other places.
  9. Organize, reorganize, transfer, or abolish divisions, staff functions or sections within the department.  This authority shall not extend to divisions or other bodies created by law.

    Added 1969, No. 272 (Adj. Sess.), § 5(d), eff. Jan. 10, 1971.

History

Rules relating to wastewater treatment and disposal for individual on-site sewage systems. 1983, No. 117 (Adj. Sess.), § 5, eff. July 1, 1984, which added chapter 102 of Title 24, provided in part: "On July 1, 1984, those rules of the secretary of human services relating to wastewater treatment and disposal for individual on-site sewage systems are transferred to the secretary of environmental conservation and shall be deemed to have been adopted under 24 V.S.A. § 3632. They may thereafter be amended by the secretary of environmental conservation as though they had been originally adopted under that section".

Cross References

Cross references. Procedure for adoption of administrative rules, see § 801 et seq. of this title.

ANNOTATIONS

Cited. Gour v. Morse, 652 F. Supp. 1166 (D. Vt. 1987).

§ 3054. Directors.

  1. A director shall administer each division within the Agency. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions which are part of a department, and the Secretary shall appoint any other directors.  All directors shall be appointed subject to the provisions of section 14 of this act.
  2. Each division and its officers shall be under the direction and control of the appointing authority except with regard to judicial or quasi-judicial acts or duties vested in them by law.
  3. No rule or regulation may be issued by a director of a division without the approval of the appointing authority.

    Added 1969, No. 272 (Adj. Sess.), § 6(a), (c), (d), eff. Jan. 10, 1971.

History

Reference in text. "Section 14 of this act", referred to in subsec. (a), is 1969, No. 272 (Adj. Sess.), § 14, which provided: "Each commissioner and deputy commissioner of a department within the agency of human services who is in office on the effective date of this act [Jan. 10, 1971] shall continue in office in accordance with the provisions of law in effect immediately prior to the taking effect of this act, until the expiration of his term of office unless he sooner dies or resigns or is removed from office as provided by law. In the event that the term of office of any commissioner under existing law is indefinite, it shall be deemed to expire on February 28, 1971. Each division director of a department in office on the effective date of this act shall continue in office in accordance with the rules and regulations of the classified personnel system, under 3 V.S.A., chapter 13".

Subchapter 4. Departments, Divisions, and Boards

§ 3081. Department of Corrections.

The Department of Corrections is created within the Agency of Human Services as the successor to and the continuation of the Department of Corrections.

Added 1969, No. 272 (Adj. Sess.), § 7, eff. Jan. 10, 1971.

Cross References

Cross references. Department of Corrections generally, see 28 V.S.A. § 1 et seq.

ANNOTATIONS

Cited. In re S.H., 141 Vt. 278, 448 A.2d 148 (1982).

§ 3082. Department of Health.

The Department of Health is created within the Agency of Human Services as the successor to and the continuation of the Department of Health.

Added 1969, No. 272 (Adj. Sess.), § 9, eff. Jan. 10, 1971; amended 1987, No. 76 , § 18; 1995, No. 113 (Adj. Sess.), § 1; 2003, No. 122 (Adj. Sess.), § 106b; 2007, No. 15 , § 4.

History

Amendments--2007. Amended generally.

Amendments--2003 (Adj. Sess.). Substituted "and the division of mental health services of the department of developmental and mental health services" for "and shall have jurisdiction over all matters covered in chapter 7 of Title 33 and in Title 18, except mental health provisions and certain environmental protection activities transferred to the agency of natural resources" and added the last sentence.

Amendments--1995 (Adj. Sess.) Inserted "chapter 7 of Title 33 and in" preceding "Title 18".

Amendments--1987. Substituted "natural resources" for "environmental conservation" following "agency of" at the end of the section.

Cross References

Cross references. Department of Health generally, see 18 V.S.A. § 1 et seq.

Department of Mental Health generally, see 18 V.S.A. § 7201 et seq.

§ 3083. Repealed. 2013, No. 131 (Adj. Sess.), § 98, effective May 20, 2014.

History

Former § 3083. Former § 3083, relating to Department of Developmental and Mental Health Services, was derived from 1969, No. 272 (Adj. Sess.), § 11 and amended by 1989, No. 187 (Adj. Sess.), § 3 and 1995, No. 174 (Adj. Sess.), § 3.

§ 3084. Department for Children and Families.

  1. The Department for Children and Families is created within the Agency of Human Services as the successor to and the continuation of the Department of Social and Rehabilitation Services, the Department of Prevention, Assistance, Transition, and Health Access, excluding the Department of Vermont Health Access, the Office of Economic Opportunity, and the Office of Child Support. The Department shall also include a Division of Child Development Programs.
  2. An investigations unit is created within the Department for Children and Families as the successor to and continuation of the investigation functions of the Social Services Division of the Department of Social and Rehabilitation Services under 33 V.S.A. chapter 49.

    Added 1969, No. 272 (Adj. Sess.), § 10, eff. Jan. 10, 1971; amended 1973, No. 152 (Adj. Sess.), § 1, eff. April 14, 1974; 1977, No. 208 (Adj. Sess.), § 3; 1983, No. 221 (Adj. Sess.), § 1; 1989, No. 219 (Adj. Sess.), § 8a; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 122 (Adj. Sess.), § 106c; 2009, No. 156 (Adj. Sess.), § I.7.

History

Amendments--2009 (Adj. Sess.) Subsection (a): Substituted "department" for "office" preceding "of Vermont health access" in the first sentence.

Amendments--2003 (Adj. Sess.). Section catchline: Substituted "for children and families" for "or social and rehabilitation services".

Subsection (a): Added the subsection designation; substituted "for children and families" for "of social and rehabilitation services"; "department of social and rehabilitation services, the department of prevention, assistance, transition, and health access, excluding the office of Vermont health access, the office of economic opportunity, and the office of child support" for "division of social services of the department of prevention, assistance, transition, and health access" and added the last sentence.

Subsection (b): Added.

Amendments--1999 (Adj. Sess.). Substituted "department of prevention, assistance, transition, and health access" for "department of social welfare".

Amendments--1989 (Adj. Sess.). Amended section generally.

Amendments--1983 (Adj. Sess.). Substituted "impaired" for "handicapped" following "visually".

Amendments--1977 (Adj. Sess.). Deleted "and shall include the alcohol rehabilitation board and the drug rehabilitation board" following "welfare".

Amendments--1973 (Adj. Sess.). Amended section generally.

Vermont Child Poverty Council. 2007, No. 68 , § 1 as amended by 2013, No. 104 (Adj. Sess.), § 1 provides: "(a) The Vermont Child Poverty Council is created to examine child poverty in Vermont and to make recommendations to the Governor and General Assembly on methods of improving the financial stability and well-being of children. The Council shall develop a ten-year plan to reduce the number of children living in poverty in the State by at least 50 percent.

"(b)(1) The Council shall consist of the following members or their designees:

"(A) the President Pro Tempore of the Senate;

"(B) the Speaker of the House of Representatives;

"(C) the Chair of the Senate Committee on Health and Welfare;

"(D) the Chair of the House Committee on Human Services;

"(E) the Chair of the Senate Committee on Education;

"(F) the Chair of the House Committee on Education;

"(G) the Commissioners for Children and Families; of Health; and of Labor; and the Secretaries of Human Services and of Education; and

"(H) one representative each from Voices for Vermont's Children, the Vermont Low Income Advocacy Council, Vermont Legal Aid, and the Vermont Superintendents' Association.

"(2) The council, at its first meeting, shall elect one of the legislative members as chair or two legislative members as cochairs. The Legislative Council and the Joint Fiscal Office shall provide staff support to the council.

"(3) The Council shall meet up to six times while the General Assembly is not in session to perform its functions under this section. The Council may meet an unlimited number of times during the legislative session, but legislative Council members shall not receive compensation and reimbursement for expenses pursuant to subsection (e) of this section for participation in meetings during the legislative session.

"(c) The plan shall contain:

"(1) an identification and analysis of the occurrence of poverty in the State;

"(2) an analysis of the long-term effects of child poverty on children, their families, and their communities;

"(3) an analysis of costs of child poverty to municipalities and the State;

"(4) an inventory of State-wide public and private programs that address child poverty;

(5) the percentage of the target population served by such programs and the current State funding levels, if any, for such programs;

"(6) an identification and analysis of any deficiencies or inefficiencies of such programs; and

"(7) procedures and priorities for implementing strategies and biannual benchmarks to achieve at least a 50 percent reduction in child poverty in the state by June 30, 2017. Such procedures, priorities, and benchmarks shall include improving or adequately funding:

"(A) workforce training and placement to promote career progression, for parents of children living in poverty;

"(B) educational opportunities, including higher education opportunities, and advancement for such parents and children, including, but not limited to, pre-literacy, literacy, and family literacy programs;

"(C) affordable housing for such parents and children;

"(D) early care and education programs for such children and their families;

"(E) after-school programs and mentoring programs for such children and their families;

"(F) affordable health care access for such parents and children, including access to mental health services and family planning;

"(G) treatment programs and services, including substance abuse programs and services, for such parents and children;

"(H) accessible childhood nutrition programs; and

"(I) the Reach-Up program and other public benefit programs through the agency of human services serving low income families.

"(d) In developing the working plan, the council shall first consult with experts, with parents of children living in poverty, and with providers of services to children and families living in poverty. The council shall hold one public hearing in each of the 14 counties.

"(e) Funds from private and public sources may be accepted and utilized by the Council to develop and implement the plan and provisions of this section. For participation in meetings during the legislative interim, legislative members of the Council shall be entitled to compensation and reimbursement for expenses under 2 V.S.A. § 406. Nonlegislative members who are not otherwise compensated and reimbursed for their participation on the Council shall be entitled to receive compensation and reimbursement of expenses under 32 V.S.A. § 1010.

"(f) Not later than January 1, 2008, the Council shall submit the working plan to the House Committees on Appropriations and Human Services and the Senate Committees on Appropriations and Health and Welfare. On January 1, 2009, and annually thereafter, until January 1, 2018, the Council shall report to these Committees on yearly progress toward benchmarks, updates to the plan, and recommendations for budgetary and policy changes in order to accomplish the goals of this act.

"(g) The Council shall cease to exist on June 30, 2018."

ANNOTATIONS

Cited. In re S.H., 141 Vt. 278, 448 A.2d 148 (1982).

§ 3085. Repealed. 2005, No. 174 (Adj. Sess.), § 140(1).

History

Former § 3085. Former § 3085, relating to creation of the Department of Prevention, Assistance, Transition, and Health Access, was derived from 1969, No. 272 (Adj. Sess.), § 8 and amended by 1999, No. 147 (Adj. Sess.), § 4.

§ 3085a. Department of Disabilities, Aging, and Independent Living.

The Department of Disabilities, Aging, and Independent Living is created within the Agency of Human Services as the successor to and continuation of the Department of Aging and Disabilities, the Developmental Services Division of the Department of Developmental and Mental Health Services, and the personal care and hi-tech programs in the former Department of Prevention, Assistance, Transition, and Health Access to manage programs and to protect the interests of older Vermonters and Vermonters with disabilities. It shall serve as the State unit on aging, as provided by the Older Americans Act of 1965, as amended, and it shall serve as the administrative home within the Agency of Human Services for the designated State agencies for federal Vocational Rehabilitation and Independent Living Programs, as provided by the Rehabilitation Act of 1973, as amended.

Added 1989, No. 219 (Adj. Sess.), § 1; amended 2003, No. 122 (Adj. Sess.), § 106d; 2005, No. 45 , § 4; 2005, No. 174 (Adj. Sess.), § 5.

History

Reference in text. The Older Americans Act of 1965, referred to in this section, is codified as 42 U.S.C. § 3001 et seq.

The Rehabilitation Act of 1973, referred to in this section, is codified as 29 U.S.C. § 701 et seq.

Amendments--2005 (Adj. Sess.). Inserted "former" preceding "department" and "to manage programs and to protect the interests of older Vermonters and Vermonters with disabilities" following "health access" and added the second sentence.

Amendments--2005 Inserted "disabilities" preceding "aging" and made minor changes in punctuation in the section catchline and in the text of the section.

Amendments--2003 (Adj. Sess.). Amended generally.

§ 3085b. Commission on Alzheimer's Disease and Related Disorders.

  1. The Commission on Alzheimer's Disease and Related Disorders is created.
  2. The Commission shall be composed of 20 members: the Commissioners of Disabilities, Aging, and Independent Living and of Health or designees, one Senator chosen by the Senate Committee on Committees, one Representative chosen by the Speaker of the House, and 16 members appointed by the Governor. The members appointed by the Governor shall represent the following groups and organizations: physicians, social workers, nursing home managers, including the administrators of the Vermont Veterans' Home, the clergy, adult day center providers, the business community, registered nurses, residential care home operators, family care providers, the home health agency, the legal profession, mental health service providers, the area agencies on aging, University of Vermont's Center on Aging, the Support and Services at Home (SASH) program, and the Alzheimer's Association. The members appointed by the Governor shall represent, to the degree possible, the five regions of the State.
  3. Eight of the members appointed by the Governor shall serve terms of two years and eight of the members shall serve terms of three years. Members shall serve until their successors are appointed. Members may serve more than one term.
    1. For attendance at meetings during adjournment of the General Assembly, legislative members of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 2 V.S.A. § 23 for not more than four meetings. (d) (1)  For attendance at meetings during adjournment of the General Assembly, legislative members of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 2 V.S.A. § 23 for not more than four meetings.

    Members of the Commission who are not employees of the State of Vermont and who are not otherwise compensated or reimbursed for their attendance shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010 for not more than four meetings per year. Payment to the members shall be from the appropriation to the Department of Disabilities, Aging, and Independent Living.

  4. Annually, the Commission shall elect its chair and other officers from among its membership and meet upon the call of the Chair or a majority of its membership.
  5. The Commission shall advise State agencies on matters of State policy relating to Alzheimer's disease and other dementia-related disorders in Vermont for both the public and private sectors. The Commission shall:
    1. Evaluate the adequacy of existing services to individuals with Alzheimer's disease and other dementia-related disorders and their families, and conduct studies to identify gaps in these services. These studies may include access to mental health-related services and support for services to families of individuals with Alzheimer's disease.
    2. Identify strategies and recommend resources to expand existing services.
    3. Review or participate in the development of laws, rules, and other governmental initiatives that may affect individuals with Alzheimer's disease and other dementia-related disorders, and their families. This may include participation in the development of rules, and procedures related to 1996 Acts and Resolves No. 160, Medicare and Medicaid, nursing and residential care facilities, adult day centers, special care units, and all community-based services to elders.
    4. Provide advice regarding revisions, coordination of services, accountability, and appropriations.
    5. Support the development of expanded community recognition, understanding, and capacity to meet the needs of individuals with Alzheimer's disease and dementia-related disorders. This may include development of new technologies to improve access to information for caregivers and practitioners who provide services throughout the State and identification of new models of service and activities related to expansion of community access to information, education, and service.
  6. The Department of Disabilities, Aging, and Independent Living shall provide the Commission with administrative support.
  7. Annually, on or before January 15, the Commission shall submit a written report to the House Committee on Human Services and to the Senate Committee on Health and Welfare with its findings and any recommendations for legislative action.

    Added 1999, No. 57 , § 1, eff. June 1, 1999; amended 2005, No. 174 (Adj. Sess.), § 6; 2011, No. 7 , § 1, eff. April 18, 2011; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 28 , § 1, eff. May 26, 2015; 2017, No. 120 (Adj. Sess.), § 1.

History

2020. In subdiv. (d)(1), substituted "2 V.S.A. § 23" for "2 V.S.A. § 406" in accordance with 2019, No. 144 (Adj. Sess.), § 12(2).

Amendments--2017 (Adj. Sess.). Subsecs. (b)-(d): Amended generally.

Amendments--2015. Amended section generally.

Amendments--2011 (Adj. Sess.). Subsection (h): Repealed.

Amendments--2011. Subsection (b): Substituted "17" for "16" preceding "members:" "14" for "13" preceding "members appointed" and inserted "the area agencies on aging" following "providers,".

Amendments--2005 (Adj. Sess.). Substituted "department of disabilities, aging, and independent living" for "department of aging and disabilities" in subsecs. (b), (d), and (g).

Terms for initial appointments. 1999, No. 57 , § 2, provided: "Notwithstanding the provisions of 3 V.S.A. § 3085b(c), relating to three-year terms of office for members of the Commission on Alzheimer's Disease and Related Disorders, the terms of office of members initially appointed by the governor shall be staggered so that approximately one-third of such members' terms expires every year."

§ 3085c. Repealed. 2019, No. 128 (Adj. Sess.), § 2.

History

Former § 3085c. Former § 3085c, relating to the Commission on Juvenile Justice, was derived from 2001, No. 142 (Adj. Sess.), § 118a and amended by 2003, No. 57 , § 1; 2009, No. 33 , § 83; 2013, No. 131 (Adj. Sess.), § 99; 2015, No. 11 , § 4; and 2015, No. 97 (Adj. Sess.), § 8.

§ 3086. Operations Division.

  1. The Operations Division of the Agency is created. It shall be administered by a Director of Administration.
  2. The Operations Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:
    1. personnel administration;
    2. financing and accounting activities;
    3. coordination of filing and records maintenance activities;
    4. provision of facilities, office space, and equipment and the care thereof;
    5. requisitioning from the Department of Buildings and General Services of the Agency of Administration, of supplies, equipment, and other requirements;
    6. management improvement services;
    7. training;
    8. information systems and technology; and
    9. other administrative functions assigned to it by the Secretary.
  3. Other provisions of the law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Operations Division.
  4. [Repealed.]

    Added 1969, No. 272 (Adj. Sess.), § 12, eff. Jan. 10, 1971; amended 1981, No. 108 , § 322; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1997, No. 61 , § 267; 1997, No. 155 (Adj. Sess.), § 13; 2003, No. 122 (Adj. Sess.), § 106e; 2005, No. 6 , § 84, eff. March 26, 2005; 2005, No. 174 (Adj. Sess.), § 7.

History

Revision note. Substituted "department of general services" for "purchasing division" in subdiv. (b)(5) in light of Executive Order No. 35-87, which provided for the abolition of the division of purchasing and the transfer of the duties, responsibilities, authority, authorized positions and equipment of that entity to the department of general services as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix.

Amendments--2005 (Adj. Sess.). Subsection (a): Deleted "and rate setting, who shall be in the classified service" following "administration" in the second sentence and deleted the third sentence.

Amendments--2005. Substituted "operations" for "administrative services" preceding "division" in the section catchline and in subsecs. (a) and (c).

Amendments--2003 (Adj. Sess.). Subsection (b): Substituted "operations" for "administrative services".

Subdivision (b)(2): Substituted "Financing" for "Coordination of financing".

Subdivisions (b)(7)-(9): Designated former (b)(7) as present (b)(9) and added (b)(7) and (8).

Amendments--1997 (Adj. Sess.). Subsection (d): Repealed.

Amendments--1997 Subsection (a): Inserted "and rate setting" following "administration" in the second sentence and added the third sentence.

Amendments--1995 (Adj. Sess.) Subdivision (b)(5): Substituted "department of buildings and general services" for "department of general services".

Amendments--1981. Subsection (d): Added.

§ 3087. Planning Division.

  1. The Planning Division of the Agency is created.  It shall be administered by a Director of Planning.  The Secretary shall appoint the Director.
  2. The Planning Division shall be responsible for:
    1. centralized strategic planning for all components of the Agency;
    2. coordination of professional and technical planning of the line components of the Agency, aiming toward maximum service to the public;
    3. coordinating activities and plans of the Agency with other major agencies and the Governor's office;
    4. preparing multi-year plans and long-range plans and programs to meet problems and opportunities for service to the public;
    5. other planning functions assigned to it by the Secretary.

      Added 1969, No. 272 (Adj. Sess.), § 13, eff. Jan. 10, 1971.

§ 3087a. Field Services Division.

The Division of Field Services is created within the Agency of Human Services. The Division shall be headed by a director who shall be exempt from the classified service and who shall be appointed by the Secretary of Human Services.

Added 2007, No. 172 (Adj. Sess.), § 2.

§ 3088. Department of Vermont Health Access.

The Department of Vermont Health Access is created within the Agency of Human Services.

Added 2003, No. 122 (Adj. Sess.), § 106f; amended 2009, No. 156 (Adj. Sess.), § I.8.

History

Amendments--2009 (Adj. Sess.) Substituted "department" for "office" in the section heading and in the text of the section.

Prior law. Former § 3088, relating to the office on aging, was derived from 1971, No. 198 (Adj. Sess.), § 2, and amended by 1973, No. 152 (Adj. Sess.), § 35.

SHOP Waiver. 2015, No. 67 (Adj. Sess.), § 1 provides: "The Commissioner of Vermont Health Access, with assistance from the Director of Health Care Reform, shall seek a waiver under Section 1332 of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, for the purpose of waiving the federal requirement to establish an Internet-based Small Business Health Options Program (SHOP) and permitting qualified employers to purchase qualified health benefit plans offered by the Vermont Health Benefit Exchange directly from a registered carrier."

§ 3089. Department of Mental Health.

The Department of Mental Health is created within the Agency of Human Services as the successor to and the continuation of the Division of Mental Health Services of the Department of Health. The Department of Mental Health shall be responsible for the operation of the Vermont State Hospital or its successor in interest as defined in subdivision 455(28) of this title.

Added 2007, No. 15 , § 5; amended 2011, No. 79 (Adj. Sess.), § 13, eff. April 4, 2012.

History

Former § 3089. Former § 3089, relating to the advisory board to the office on aging, was derived from 1971, No. 198 (Adj. Sess.), § 3 and amended by 1973, No. 152 (Adj. Sess.), § 36 and was previously repealed by 1989, No. 219 (Adj. Sess.), § 12.

Amendments--2011 (Adj. Sess.) Substituted "Vermont State Hospital, or its successor in interest as defined in subdivision 455(28) of this title" for "Vermont state hospital".

§ 3090. Human Services Board.

  1. The Human Services Board is created within the Agency of Human Services as the successor to and the continuation of the present Social Welfare Board.  It consists of seven members. The Governor, with the advice and consent of the Senate, shall appoint members for terms of six years so that not more than three terms expire in the same biennium.  The Governor shall designate the Board's Chair.
  2. The duties of the Board shall be to act as a Fair Hearing Board on appeals brought pursuant to section 3091 of this title.
  3. The Board shall hold meetings at times and places warned by the Chair on his or her own initiative or upon request of two Board members or the Governor.  Four members shall constitute a quorum, except that three members shall constitute a quorum at any meeting upon the written authorization of the Chair issued in connection with that meeting.
  4. With the approval of the Governor the Board may appoint one or more hearing officers, who shall be outside the classified service, and it may employ such secretarial assistance as it deems necessary in the performance of its duties.
  5. On or before January 15 of each year, the Board shall report to the House Committees on Human Services and on Health Care and the Senate Committees on Appropriations and on Health and Welfare regarding the fair hearings conducted by the Board during the three preceding calendar years, including:
    1. the total number of fair hearings conducted over the three-year period and per year;
    2. the number of hearings per year involving appeals of decisions by the Agency itself and each department within the Agency, with the appeals and decisions relating to health insurance through the Vermont Health Benefit Exchange reported distinctly from other programs;
    3. the number of hearings per year based on appeals of decisions regarding:
      1. eligibility;
      2. benefits;
      3. coverage;
      4. financial assistance;
      5. child support; and
      6. other categories of appeals;
    4. the number of hearings per year based on appeals of decisions regarding each State program over which the Board has jurisdiction;
    5. the number of decisions per year made in favor of the appellant; and
    6. the number of decisions per year made in favor of the department or the Agency.

      Added 1973, No. 101 , § 4; amended 2013, No. 161 (Adj. Sess.), § 72; 2013, No. 179 (Adj. Sess.), § E.304; 2017, No. 154 (Adj. Sess.), § 8, eff. May 21, 2018.

History

2013 (Adj. Sess.). Substituted "Chair" for "chairman" three times in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--2017 (Adj. Sess.). Subsec. (e): Deleted "on Appropriations," following "House Committees", and ", and on Finance" preceding "regarding the fair hearings".

Amendments--2013 (Adj. Sess.). Subsection (e): Added.

ANNOTATIONS

1. Construction.

Joint authority statute applies unless the construction is inconsistent with the manifest intent of the General Assembly or repugnant to the context of the same statute; the Human Services Board statute states that a quorum of the Board is normally four persons. Since the quorum requirement is a different concept from a requirement that there be a specific number of votes to render a decision, the application of the joint authority statute to the case decisions of the Human Services Board is not inconsistent with the manifest intent of the Legislature or repugnant to the context of the statute. In re Rumsey, 192 Vt. 290, 59 A.3d 730 (2012).

Cited. In re S.H., 141 Vt. 278, 448 A.2d 148 (1982); Pratt v. Department of Social Welfare, 145 Vt. 138, 482 A.2d 1389 (1984); Gour v. Morse, 652 F. Supp. 1166 (D. Vt. 1987); Hall v. Department of Social Welfare, 153 Vt. 479, 572 A.2d 1342 (1990).

§ 3091. Hearings.

  1. An applicant for or a recipient of assistance, benefits, or social services from the Department for Children and Families, of Vermont Health Access, of Disabilities, Aging, and Independent Living, or of Mental Health, or an applicant for a license from one of those departments, or a licensee may file a request for a fair hearing with the Human Services Board. An opportunity for a fair hearing will be granted to any individual requesting a hearing because his or her claim for assistance, benefits, or services is denied, or is not acted upon with reasonable promptness; or because the individual is aggrieved by any other Agency action affecting his or her receipt of assistance, benefits, or services, or license or license application; or because the individual is aggrieved by Agency policy as it affects his or her situation.
  2. The hearing shall be conducted by the Board or by a hearing officer appointed by the Board.  The Chair of the Board may compel, by subpoena, the attendance and testimony of witnesses and the production of books and records.  All witnesses shall be examined under oath.  The Board shall adopt rules with reference to appeals, which shall not be inconsistent with this chapter.  The rules shall provide for reasonable notice to parties, and an opportunity to be heard and be represented by counsel.
  3. The Board or the hearing officer shall issue written findings of fact.  If the hearing is conducted by a hearing officer, the hearing officer's findings shall be reported to the Board, and the Board shall approve the findings and adopt them as the findings of the Board unless good cause is shown for disapproving them.  Whether the findings are made by the Board, or by a hearing officer and adopted by the Board, the Board shall enter its order based on the findings.
  4. After the fair hearing, the Board may affirm, modify, or reverse decisions of the Agency; it may determine whether an alleged delay was justified; and it may make orders consistent with this title requiring the Agency to provide appropriate relief including retroactive and prospective benefits.  The Board shall consider, and shall have the authority to reverse or modify, decisions of the Agency based on rules that the Board determines to be in conflict with State or federal law. The Board shall not reverse or modify Agency decisions that are determined to be in compliance with applicable law, even though the Board may disagree with the results effected by those decisions.

    The Board shall give written notice of its decision to the person applying for fair hearing and to the Agency.

    Unless a continuance is requested or consented to by an aggrieved person, decisions and orders concerning Temporary Assistance to Needy Families (TANF) under 33 V.S.A. chapter 11, TANF-Emergency Assistance (TANF-EA) under Title IV of the Social Security Act, and medical assistance (Medicaid) under 33 V.S.A. chapter 19 shall be issued by the Board within 75 days after the request for hearing.

    (3) Notwithstanding any provision of subsection (c) or (d) or subdivision (1) of this subsection (e) to the contrary, in the case of an expedited Medicaid fair hearing, the Board shall delegate both its fact-finding and final decision-making authority to a hearing officer, and the hearing officer's written findings and order shall constitute the Board's decision and order in accordance with timelines set forth in federal law.

    (f) The Agency or the appellant may appeal from decisions of the Board to the Supreme Court under V.R.A.P. 13. Pending the final determination of any appeal, the terms of the order involved shall be given effect by the Agency except insofar as they relate to retroactive benefits.

    (g) A party to an order or decree of the Board or the Board itself, or both, may petition the Supreme Court for relief against any disobedience of or noncompliance with the order or decree. In the proceedings and upon such notice thereof to the parties as it shall direct, the Supreme Court shall hear and consider the petition and make such order and decree in the premises by way of writ of mandamus, writ of prohibition, injunction, or otherwise, concerning the enforcement of the order and decree of the Board as shall be appropriate.

    (h) (1) Notwithstanding subsections (d) and (f) of this section, the Secretary shall review all Board decisions and orders concerning TANF, TANF-EA, Office of Child Support Cases, Medicaid, and the Vermont Health Benefit Exchange. The Secretary shall:

  1. adopt a Board decision or order, except that the Secretary may reverse or modify a Board decision or order if:
    1. the Board's findings of fact lack any support in the record; or
    2. the decision or order misinterprets or misapplies State or federal policy or rule; and
  2. issue a written decision setting forth the legal, factual, or policy basis for reversing or modifying a Board decision or order.

    (2) Notwithstanding subsections (d) and (f) of this section, a Board decision and order concerning TANF, TANF-EA, Office of Child Support, Medicaid, and the Vermont Health Benefit Exchange shall become the final and binding decision of the Agency upon its approval by the Secretary. The Secretary shall either approve, modify, or reverse the Board's decision and order within 15 days of the date of the Board decision and order. If the Secretary fails to issue a written decision within 15 days as required by this subdivision, the Board's decision and order shall be deemed to have been approved by the Secretary.

    (3) Notwithstanding subsection (f) of this section, only the claimant may appeal a decision of the Secretary to the Supreme Court. Such appeals shall be pursuant to V.R.A.P. 13. The Supreme Court may stay the Secretary's decision upon the claimant's showing of a fair ground for litigation on the merits. The Supreme Court shall not stay the Secretary's order insofar as it relates to a denial of retroactive benefits.

    1. In the case of an appeal of a Medicaid covered service decision made by the Department of Vermont Health Access or any entity with which the Department of Vermont Health Access enters into an agreement to perform service authorizations that may result in an adverse benefit determination, the right to a fair hearing granted by subsection (a) of this section shall be available to an aggrieved beneficiary only after that individual has exhausted, or is deemed to have exhausted, the Department of Vermont Health Access's internal appeals process and has received a notice that the adverse benefit determination was upheld.

      Added 1973, No. 101 , § 5; amended 1989, No. 181 (Adj. Sess.); 1989, No. 219 (Adj. Sess.), § 9(a); 1993, No. 105 , § 1; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 8; 2007, No. 15 , § 6; 2007, No. 172 (Adj. Sess.), § 3; 2009, No. 156 (Adj. Sess.), § I.9; 2015, No. 172 (Adj. Sess.), § E.304; 2017, No. 210 (Adj. Sess.), § 13, eff. June 1, 2018; 2019, No. 131 (Adj. Sess.), § 4.

History

Reference in text. Title IV of the Social Security Act, referred to in subsec. (e), is codified as 42 U.S.C. § 601 et seq.

References in subsec. (g) to "writ of mandamus" and "writ of prohibition" are obsolete. See V.R.A.P. 21(a).

2015. In subsec. (b), substituted "Chair" for "chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Substituted "Title 33, Chapter 11" for "Title 33, chapter 32" and "Title 33, chapter 19" for "Title 33, chapter 36" in the second sentence of subsec. (e), in view of the recodification of that title by 1989, No. 148 (Adj. Sess.), §§ 1, 3.

In subsec. (f), substituted "Rule 13 of the Vermont Rules of Appellate Procedure" for "rule 13 of the rules of appellate procedure" to conform reference to V.R.A.P. style.

In subsec. (g), deleted "in law or equity" preceding "shall be appropriate" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under § 219 of Title 4.

Amendments--2019 (Adj. Sess.). Subdiv. (h)(3): Substituted "V.R.A.P. 13" for "Rule 13 of the Vermont Rules of Appellate Procedure" in the first sentence.

Amendments--2017 (Adj. Sess.). Subsec. (e): Added the subdiv. (1) and (2), designations; in subdiv. (2) substituted "after" for "of" following "days", and added subdiv. (3).

Subdiv. (h)(1)(A)(ii): Substituted "misinterprets or misapplies State or federal" for "implicates the validity or applicability of any Agency" following "order" and inserted "; and" following "rule".

Subsec. (i): Added.

Amendments--2015 (Adj. Sess.). Subsec. (h): Added "and the Vermont Health Benefit Exchange" following "Medicaid" in the first sentence of subdivs. (1) and (2).

Amendments--2009 (Adj. Sess.) Subsection (a): Substituted "department" for "office" preceding "of Vermont", deleted "or offices" preceding "or a license", and made other minor stylistic changes in the first sentence.

Amendments--2007 (Adj. Sess.). Subsection (e): Substituted "Temporary Assistance to Needy Families (TANF)" for "aid to needy families with children (ANFC)" and "TANF-Emergency Assistance (TANF-EA)" for "ANFC-Emergency Assistance (ANFC-EA)".

Subdivision (h)(1): Substituted "TANF" for "ANFC" and "TANF-EA" for "ANFC-EA" preceding ", office".

Subdivision (h)(1)(B): Deleted "The secretary shall" preceding "issue".

Subdivision (h)(2): Substituted "TANF, TANF-EA" for "ANFC, ANFC-EA" preceding ", office".

Amendments--2007. Subsection (a): Substituted "department" for "division" and deleted "of the department of health" in the first sentence.

Amendments--2005 (Adj. Sess.). Subsection (a): Amended generally.

Amendments--1999 (Adj. Sess.). Subsection (a): Substituted "department of prevention, assistance, transition, and health access" for "department of social welfare" in the first sentence.

Amendments--1993. Subsection (a): Inserted "the office of child support" following "disabilities" in the first sentence.

Subsection (h): Inserted "office of child support cases" following "ANFC-EA" in the first sentence of subdiv. (1) and "office of child support" following "ANFC-EA" in the first sentence of subdiv. (2).

Amendments--1989 (Adj. Sess.). Subsection (a): In the first sentence, Act No. 181 deleted "the office of child development" following "social welfare" and substituted "department of rehabilitation and aging" for "office on aging" following "opportunity, the" and in the second sentence inserted "or her" following "his" in three places and substituted "the individual" for "he" preceding "is aggrieved" in two places.

Act No. 219 substituted "department of aging and disabilities" for "department of rehabilitation and aging" following "opportunity, the" in the first sentence.

Subsection (b): Act No. 181 substituted "adopt" for "make" preceding "rules" in the fourth sentence.

Subsection (c): Act No. 181 substituted "the hearing officer's" for "his" following "officer" in the second sentence.

Subsection (d): Act No. 181 substituted "rules" for "regulations" following "based on" in the second sentence.

Subsection (e): Act No. 181 added the second sentence.

Subsection (h): Added by Act No. 181.

Cross References

Cross references. Enforcement of administrative subpoenas and compulsion of testimony, see § 809a of this title.

Hearings on appeals relating to vocational rehabilitation benefits or services, see § 3092a of this title.

Procedure for adoption of administrative rules, see § 801 et seq. of this title.

ANNOTATIONS

Analysis

1. Hearing officer .

A hearing officer appointed to conduct a hearing pursuant to subsection (b) of this section acts as a fact finder for the human services board; the hearing officer does not render an intermediate decision subject to review by the board. Pratt v. Department of Social Welfare, 145 Vt. 138, 482 A.2d 1389 (1984).

*2. Findings.

Krupp findings, which are merely recitations of evidence, do not comply with the statutory obligation of the Human Services Board and the hearing officer to make findings of fact. Accordingly, reversal and remand for proper findings was required when the record consisted of such recitations. In re Rumsey, 192 Vt. 290, 59 A.3d 730 (2012).

In a child-abuse-and-neglect registry case, remand was required because the Human Services Board failed to meet its obligation to issue written findings of fact. The Board's mere recitation of the evidence did not suffice. In re M.G., 189 Vt. 72, 13 A.3d 1084 (2010).

Human Services Board failed to meet its burden of demonstrating good cause for disapproving findings of hearing officer, where board offered no explanation as to why it did not adopt certain findings, but merely concluded that certain other findings established the child abuse charged. In re C.M., 168 Vt. 389, 721 A.2d 1176 (1998).

Where human services board had a hearing officer conduct a hearing on application for medicaid benefits and the board neither demonstrated good cause for disapproving the findings of the hearing officer nor purported to disapprove any of the findings, the facts as found by the hearing officer were adopted by the board and constituted the record for supreme court review of the board's decision on the application. Pratt v. Department of Social Welfare, 145 Vt. 138, 482 A.2d 1389 (1984).

Where findings of hearing officer appointed by the human services board to conduct a hearing on application for medicaid benefits overwhelmingly supported a conclusion that the applicant was medically disabled, but the board denied benefits based on improper testimony by a vocational expert about the medical nature of the applicant's case which was contradicted by medical evidence, since the board's order was not supported by the evidence and was based on speculation and conjecture rather than on the findings, it would be reversed and the cause remanded for determination and payment of appropriate benefits. Pratt v. Department of Social Welfare, 145 Vt. 138, 482 A.2d 1389 (1984).

3. Review by Board .

Human Services Board acted prematurely in reversing a substantiation decision by the Department for Children and Families (DCF) when the hearing officer ordered DCF to identify sufficient evidence to support a prima facie case before the proceedings would go forward, DCF challenged this ruling, and the Board upheld the hearing officer's authority to require such a showing. It should have then remanded the case to the hearing officer with direction to DCF that it had to comply with the order; DCF was entitled to the opportunity to comply with the Board's order. In re R.P. & B.P., 189 Vt. 31, 14 A.3d 278 (2010).

Vermont Supreme Court rejects the suggestion that the statute governing Human Services Board hearings somehow limits the Board's authority to reach its own conclusion as to whether a report of abuse is substantiated. In re R.H., 189 Vt. 15, 14 A.3d 267 (2010).

Statute regarding Human Services Board hearings states, "The board shall consider, and shall have the authority to reverse or modify, decisions of the agency based on rules which the board determines to be in conflict with state or federal law." The sentence before this simply states the obverse of the prior statement, making clear that the Board does not have the power stated in the prior sentence if the Department for Children and Families (DCF) decision is in compliance with applicable law; it does not provide that the Board's review occurs on the record or the Board must give deference to DCF's finding. In re R.H., 189 Vt. 15, 14 A.3d 267 (2010).

Although the statutory scheme has changed since 1993, the burden remains with the Department for Children and Families (DCF) to justify its substantiation decision in the fair hearing before the Human Services Board. It remains true, therefore, that DCF's substantiation determinations are significantly different in nature from those of an adjudicative body. In re R.H., 189 Vt. 15, 14 A.3d 267 (2010).

Legislature intended human services board to hear any case in which an individual is aggrieved by department of social welfare action or policy that affects that individual. Stevens v. Department of Social Welfare, 159 Vt. 408, 620 A.2d 737 (1992).

In modifying a decision of the Department of Social Welfare that was in conflict with federal disability law, Human Services Board acted as it is explicitly authorized to act under 3 V.S.A. § 3091. Howard v. Department of Social Welfare, 163 Vt. 109, 655 A.2d 1102 (1994).

By reversing decision of department of social welfare which terminated appellees' benefits, board did not exceed its authority pursuant to provision of this section limiting its power to reverse agency decisions, it being within technical competence and expertise of board, through department, to correctly calculate benefits payments due, subject, of course, to appropriate appeal and review. D'Amico v. Department of Social Welfare, 135 Vt. 370, 376 A.2d 1073 (1977).

*4. Discretion.

The Human Services Board possessed discretionary authority to use dismissal as a discovery sanction, but it abused its discretion by dismissing claimant's appeal in the absence of conduct demonstrating bad faith or willful disregard of a discovery order. In re Houston, 180 Vt. 535, 904 A.2d 1174 (mem.) (June 28, 2006).

In reviewing the denial of a license by the department of social and rehabilitation services for operation of a community care home, disagreement by the human services board with the department's result was not sufficient basis, in itself, for reversal of that result. Huntington v. Department of Social & Rehabilitation Services, 139 Vt. 416, 430 A.2d 460 (1981).

Where human services board, in reversing denial of a license by the department of social and rehabilitation services for operation of a community care home, found that violations of existing regulations which were assigned as grounds for denial of the license had occurred, but considered them insufficient basis for denial, it improperly exercised discretion and judgment entrusted by this section to the department. Huntington v. Department of Social & Rehabilitation Services, 139 Vt. 416, 430 A.2d 460 (1981).

*5. Stay pending appeal.

Food stamp benefit recipient appealing reduction of benefits order of human services board was not entitled by civil procedural rule to stay of order pending appeal to supreme court; civil rule was inapplicable to administrative hearings, and this section required that board decisions be implemented pending appeal. Condosta v. Department of Social Welfare, 154 Vt. 465, 578 A.2d 122 (1990).

6. Evidence.

While demanding an offer of proof is not a power expressly conferred on the hearing officer or the Human Services Board by the Legislature, it is necessarily implied to enable the Board to carry out its sole statutory function - conducting fair hearings - effectively and efficiently. The Board has those powers expressly conferred upon it by the Legislature, together with such incidental powers expressly granted or necessarily implied as are necessary to the full exercise of those granted; the exercise of such authority is also consistent with the Board's rules. In re R.P. & B.P., 189 Vt. 31, 14 A.3d 278 (2010).

There was credible evidence supporting the findings of the Human Services Board, which reversed a decision by the Department of Disabilities, Aging, and Independent Living that reduced the service hours a disabled client received. The client's witnesses, a case manager and her physician, were more directly involved in her case and therefore more attuned to her individual needs, and their testimony tended to establish that if her service hours were reduced, she was at risk of more frequent hospitalizations and potential institutionalization; the Board had apparently given less weight to the testimony of the Department's witness, a clinical coordinator, because she did not actually meet with the client and made her recommendations based on an hour-long telephone conversation. In re Ryan, 184 Vt. 597, 958 A.2d 678 (mem.) (2008).

When conducting hearings regarding the expungement of investigation records held by the department of social and rehabilitation services, the human services board receives evidence and reviews the department's decision de novo. In re Bushey-Combs, 160 Vt. 326, 628 A.2d 541 (1993).

7. Definitions.

The terms assistance and benefits, as used in this section, are terms of art referring to welfare benefits which are to be personally enjoyed by the recipient. Vigario v. Department of Social Welfare, 140 Vt. 100, 436 A.2d 768 (1981).

8. Construction with other laws.

Possibility that Medicaid applicant could face legal action to collect unpaid doctors' bills warranted application of equitable estoppel to prevent department of social welfare (DSW) from denying benefits, where applicant had asked DSW social welfare eligibility specialist if she should make payments on her outstanding doctors' bills, but had not been informed that if she spent down her excess resources on allowable medical expenses, she could be eligible for up to three months of retroactive benefits. Stevens v. Department of Social Welfare, 159 Vt. 408, 620 A.2d 737 (1992).

Where human services board found that Medicaid applicant had $2,411.28 in outstanding doctors' bills when she spoke with social welfare eligibility specialist from department of social welfare (DSW) who told her not to make payments until a disability determination was made and further found that applicant did not pay those bills, conclusion that applicant did not rely on conduct of DSW was erroneous. Stevens v. Department of Social Welfare, 159 Vt. 408, 620 A.2d 737 (1992).

Where social welfare eligibility specialist from department of social welfare (DSW) had sufficient facts to know that spend-down provisions under which Medicaid applicant could receive retroactive benefits would apply if applicant were determined to be disabled, but failed to inform applicant of spend-down provisions, DSW could be equitably estopped from denying retroactive benefits. Stevens v. Department of Social Welfare, 159 Vt. 408, 620 A.2d 737 (1992).

Payments under section 3101 of Title 33, providing for payment of burial expenses by the department of social welfare, are not welfare type benefits for a person such as a relative of a deceased person who arranges for and makes payments for the burial, as evidenced by the fact that only the status of the decedent, and not the status of the person arranging the burial, is considered in determining whether or not payments shall be made; therefore, the payments do not constitute assistance or benefits for purposes of this section. Vigario v. Department of Social Welfare, 140 Vt. 100, 436 A.2d 768 (1981).

In some cases, payments by the department of social welfare under section 3101 of Title 33, requiring payment of burial expenses, may help to defray the funeral expenses paid by the relatives of a deceased person when they arrange for burial, but this does not make relatives recipients of assistance or benefits under this section. Vigario v. Department of Social Welfare, 140 Vt. 100, 436 A.2d 768 (1981).

Where relative of decedent who was entitled to benefits under section 3101 of Title 33, providing for payment of burial expenses by department of social welfare, instituted claim for reimbursement of expenses which she had incurred in connection with burial of decedent, since she was not entitled to payment under that section, she was not an applicant for assistance or benefits within the meaning of this section, and, therefore, the human services board lacked jurisdiction to hear her claim. Vigario v. Department of Social Welfare, 140 Vt. 100, 436 A.2d 768 (1981).

Under section 3101 of Title 33, providing for payment of burial expenses for persons receiving certain forms of public assistance or lacking sufficient funds to pay for their own funerals, the only parties eligible to receive payments from the department of social welfare were funeral directors and towns required to arrange for burials for persons without assets; daughter of person eligible for payment of funeral expenses by department could not receive payments under that section and, therefore, was not an applicant entitled to a hearing on claim for funeral expenses by human services board under this section. Vigario v. Department of Social Welfare, 140 Vt. 100, 436 A.2d 768 (1981).

9. Federal suits.

Because the Medicaid Act, 42 U.S.C.S. § 1396a(a)(3), did not explicitly or implicitly require exhaustion of state remedies before plaintiffs filed suit under 42 U.S.C.S. § 1983, there was no error in the district court's refusal to require exhaustion of Vermont's fair hearing process, 3 V.S.A. § 3091(a), prior to granting plaintiffs a permanent injunction as to the imposition of Vermont's Medicaid eligibility regulations. Roach v. Morse, 440 F.3d 53 (2d Cir. 2006).

In federal Civil Rights Act suit claiming that certain practices and procedures of Vermont administrative agency violated the act and the due process clause, where this section did not provide for a hearing prior to termination of plaintiff's benefits under state welfare program, and relief available under this section was limited in scope, plaintiff did not have to exhaust his administrative remedies under this section to be eligible to bring the federal suit. Swan v. Stoneman, 635 F.2d 97 (2d Cir. 1980).

10. Review by Secretary .

When the Human Services Board's decision directly implicated the application of deductions for personal care expenses under Vermont's Medicaid laws, the Secretary of the Agency of Human Services was well within his authority to review this matter. In re Brett, 189 Vt. 345, 19 A.3d 154 (2011).

When there was credible evidence supporting the findings of the Human Services Board, which reversed a decision by the Department of Disabilities, Aging, and Independent Living that reduced the service hours a disabled client received, the Secretary of the Agency of Human Services was required by statute to adopt its findings. The Department's decision was not owed deference by the Board; rather, the Secretary and the Court were to defer to the Board's findings. In re Ryan, 184 Vt. 597, 958 A.2d 678 (mem.) (2008).

The secretary must uphold the board's findings if the record contains any credible evidence that fairly and reasonably supports its findings. Jacobus v. Department of PATH, 177 Vt. 496, 857 A.2d 785 (mem.) (July 29, 2004).

11. Voting.

Even for administrative adjudicative bodies that hear evidence and make findings of fact, a member can participate without offending the requirements of due process of law or general statutory requirements by voting after reviewing a transcript of the testimony and other evidence or listening to a recording of the hearing and reviewing other evidence. The Human Services Board's governing statute does not prohibit this practice and particularly does not require that votes be taken only at a meeting of the Board; such a practice is more clearly available to the Board because it relies upon hearing officers to take evidence and make findings, and the Board functions in part as an appellate body. In re Rumsey, 192 Vt. 290, 59 A.3d 730 (2012).

Cited. In re Willey, 133 Vt. 593, 350 A.2d 353 (1975); In re S. H., 141 Vt. 278, 448 A.2d 148 (1982); Gour v. Morse, 652 F. Supp. 1166 (D. Vt. 1987); In re Kirkpatrick, 147 Vt. 637, 523 A.2d 1251 (1987); Hall v. Department of Social Welfare, 153 Vt. 479, 572 A.2d 1342 (1990); Bourne v. Department of Social Welfare, 156 Vt. 219, 591 A.2d 79 (1991).

§ 3092. Repealed. 1989, No. 221 (Adj. Sess.), § 21(a)(1), eff. Oct. 1, 1990.

History

Former § 3092. Former § 3092, relating to support collection proceedings, was derived from 1977, No. 212 (Adj. Sess), § 3.

Child support orders and jurisdiction of human services board on and after October 1, 1990. 1989, No. 221 (Adj. Sess.), § 22(c), (d) provided:

"(c) An order of the human services board for the establishment, modification or enforcement of child support shall be treated as an order of the family court on and after October 1, 1990.

"(d) The human services board shall have jurisdiction to hear and determine any motion for establishment, modification or enforcement of child support filed prior to October 1, 1990 and still pending on that date".

§ 3092a. Appeals from Divisions of Vocational Rehabilitation, Blind and Visually Impaired.

  1. Notwithstanding the provisions of subsection 3091(a) of this title relating to fair hearings before the Human Services Board, appeals concerning benefits or services under the Rehabilitation Act of 1973 as amended shall be to the Director of the Division of Vocational Rehabilitation or the Division for the Blind and Visually Impaired, as appropriate, rather than the Human Services Board so long as federal law requires that final decisions be made by the Director of that Division.
  2. Prior to making a final decision, the Director shall hold a hearing to give the applicant an opportunity to be heard and to present evidence.
  3. When federal law no longer requires that final decisions be made by the Director of that Division, such appeals shall be to the Human Services Board as provided in subsection 3091(a) of this title unless federal law requires another method for hearing appeals.

    Added 1985, No. 117 (Adj. Sess.), eff. April 16, 1986; amended 1989, No. 219 (Adj. Sess.), § 2.

History

Reference in text. The Rehabilitation Act of 1973, referred to in subsec. (a), is codified as 29 U.S.C. § 701 et seq.

Revision note. Substituted "department of rehabilitation and aging" for "division of vocational rehabilitation, blind and visually impaired" in former version of section catchline and "division of vocational rehabilitation or the department" for "director of the division" in two places in former versions of subsecs. (a) and (c), and substituted "commissioner" for "director" in former version of subsec. (b) in view of Executive Order No. 70-89. See the note regarding transfer of duties below.

Substituted "divisions of vocational rehabilitation, blind and visually impaired" for "department of rehabilitation and aging" in the section catchline for purposes of conformity with the text of the section as amended by 1989, No. 219 (Adj. Sess.), § 2.

Amendments--1989 (Adj. Sess.). Subsection (a): Amended generally.

Subsection (b): Substituted "director" for "commissioner" preceding "shall hold".

Subsection (c): Substituted "director of that division" for "commissioner of the department".

Transfer of duties, responsibilities, etc. of divisions of the blind and visually impaired, vocational rehabilitation to department of rehabilitation and aging (now department of aging and disabilities). Executive Order No. 70-89 provided for the transfer of duties, responsibilities, authority, positions, and equipment of the division of the blind and visually impaired and the duties, responsibilities and authority of the division of vocational rehabilitation of the department of social and rehabilitation services to the department of rehabilitation and aging as established by the order. By its own terms, Executive Order No. 70-89 took effect on May 1, 1989, pursuant to section 2002 of Title 3. For the text of Executive Order No. 70-89, see chapter 3 of Title 3 Appendix. The department of rehabilitation and aging was subsequently renamed the department of aging and disabilities by 1989, No. 219 (Adj. Sess.), § 9(a).

§ 3093. Repealed. 1995, No. 178 (Adj. Sess.), § 307.

History

Former § 3093. Former § 3093, relating to the creation of the office of alcohol and drug abuse was derived from 1983, No. 130 (Adj. Sess.), § 3 and amended by 1995, No. 113 (Adj. Sess.), § 2.

§ 3094. Office of Child Support.

  1. The Office of Child Support is created within the Department for Children and Families and shall be designated the IV-D agency for purposes of Title IV-D of the federal Social Security Act.
  2. The Office shall be headed by a Director who shall be appointed by the Secretary of Human Services subject to section 3054 of this title.

    Added 1989, No. 221 (Adj. Sess.), § 12; amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 9.

History

Amendments--2005 (Adj. Sess.). Subsection (a): Substituted "department for children and families and shall be designated the IV-D agency for purposes of Title IV-D of the federal Social Security Act" for "agency of human services as the successor to and continuation of that part of the department of prevention, assistance, transition, and health access responsible for child support enforcement".

Amendments--1999 (Adj. Sess.). Subsection (a): Substituted "department of prevention, assistance, transition, and health access" for "department of social welfare".

Cross References

Cross references. Duties and responsibilities of Office of Child Support, see 33 V.S.A. § 4101 et seq.

§ 3095. Repealed. 2003, No. 121 (Adj. Sess.), § 81, eff. June 8, 2004.

History

Former § 3095. Former § 3095, relating to charging room and board at a veterans' home, was derived from 1997, No. 155 (Adj. Sess.), § 22.

§ 3096. Repealed. 2001, No. 135 (Adj. Sess.), § 22, eff. July 1, 2005.

History

Former § 3096. Former § 3096, relating to Olmstead advisory council, was derived from 2001, No. 135 (Adj. Sess.), § 21.

CHAPTER 55. TRANSPORTATION

Sec.

Cross References

Cross references. Agency of Transportation and administration of highway laws, see 19 V.S.A. § 1 et seq.

Powers and duties of Agency of Transportation relating to Aeronautics and Surface Transportation generally, see 5 V.S.A. § 1 et seq.

§ 3101. Repealed. 1985, No. 269 (Adj. Sess.), § 2(1).

History

Former § 3101. Former § 3101, relating to definitions concerning transportation, was derived from 1975, No. 120 , § 1 and amended by 1977, No. 263 (Adj. Sess.), § 1.

§ 3102. Composition of Agency.

An Agency is created consisting of the following former departments:

  1. the Department of Aeronautics;
  2. the Department of Highways;
  3. the Department of Motor Vehicles;
  4. the Department of Bus, Rail, Waterways and Motor Carrier Services.

    Added 1975, No. 120 , § 1; amended 1977, No. 263 (Adj. Sess.), § 2, eff. April 19, 1978; 1985, No. 76 , § 8, eff. May 28, 1985; 1985, No. 269 (Adj. Sess.), § 2(2).

History

Amendments--1985 (Adj. Sess.). Subsection (b): Repealed.

Subsection (c): Repealed.

Amendments--1985. Subdivision (b)(6): Repealed.

Amendments--1977 (Adj. Sess.). Subsection (a): Inserted "former" preceding "departments".

ANNOTATIONS

Cited. Sprague v. University of Vermont, 661 F. Supp. 1132 (D. Vt. 1987).

§§ 3103 Repealed. 1985, No. 269 (Adj. Sess.), § 2(3).

History

Former § 3103. Former § 3103, relating to the creation of the Transportation Board, was derived from 1975, No. 120 , § 1, and amended by 1977, No. 263 (Adj. Sess.), § 3.

§ 3104. Repealed. 1985, No. 269 (Adj. Sess.), § 2(4).

History

Former § 3104. Former § 3104, relating to the powers and duties of the Transportation Board, was derived from 1975, No. 120 , § 1, and amended by 1977, No. 81 , § 1; 1977, No. 263 (Adj. Sess.), § 4.

§ 3105. Repealed. 1985, No. 269 (Adj. Sess.), § 2(5).

History

Former § 3105. Former § 3105, relating to the status of other boards, commissions, councils, and committees in relation to the Transportation Board, was derived from 1975, No. 120 , § 1 and amended by 1977, No. 263 (Adj. Sess.), § 5.

§ 3106. Repealed. 1985, No. 269 (Adj. Sess.), § 2(6).

History

Former § 3106. Former § 3106, relating to the powers, duties, and compensation of the Secretary of the Agency of Transportation, was derived from 1975, No. 120 , § 1, and amended by 1977, No. 263 (Adj. Sess.), § 6; 1985, No. 76 , § 7.

§ 3107. Repealed. 1985, No. 269 (Adj. Sess.), § 2(7).

History

Former § 3107. Former § 3107, relating to the appointment, powers, and duties of the Commissioner of Motor Vehicles, was derived from 1975, No. 120 , § 1, and amended by 1977, No. 263 (Adj. Sess.), § 7.

§ 3108. Repealed. 1985, No. 269 (Adj. Sess.), § 2(8).

History

Former § 3108. Former § 3108, relating to general provisions governing divisions within the Agency of Transportation, was derived from 1975, No. 120 , § 1, and amended by 1977, No. 263 (Adj. Sess.), § 8.

§§ 3109-3115. Repealed. 1977, No. 263 (Adj. Sess.), § 11, eff. April 19, 1978.

History

Former § 3109-3115. Former § 3109, relating to creation, functions, and duties of the Department of Aeronautics, was derived from 1975, No. 120 , § 1.

Former § 3110, relating to creation, functions, and duties of the Department of Highways, was derived from 1975, No. 120 , § 1.

Former § 3111, relating to creation, functions, and duties of the Department of Motor Vehicles, was derived from 1975, No. 120 , § 1.

Former § 3112, relating to creation, functions, and duties of the Department of Bus, Rail, Waterways, and Motor Carrier Services, was derived from 1975, No. 120 , § 1.

Former § 3113, relating to Administrative Services Division, was derived from 1975, No. 120 , § 1.

Former § 3114, relating to Planning Division, was derived from 1975, No. 120 , § 1.

Former § 3115, relating to Commissioners in Office, was derived from 1975, No. 120 , § 1.

§ 3116. Repealed. 1985, No. 269 (Adj. Sess.), § 2(9).

History

Former § 3116. Former § 3116, relating to the creation of the Agency of Transportation, was derived from 1977, No. 263 (Adj. Sess.), § 10.

§ 3116a. Repealed. 1985, No. 269 (Adj. Sess.), § 8.

History

Former § 3116a. Former § 3116a, relating to the transportation of hazardous materials, was derived from 1977, No. 191 (Adj. Sess.), § 1, and amended by 1979, No. 46 , § 8; 1981, No. 223 (Adj. Sess.), § 23.

ANNOTATIONS

Cited. State v. Warshow, 138 Vt. 22, 410 A.2d 1000 (1980).

§ 3117. Repealed. 1985, No. 224 (Adj. Sess.), § 8.

History

Former § 3117. Former § 3117, relating to the hazardous materials committee, was derived from 1977, No. 191 (Adj. Sess.), § 2, and amended by 1985, No. 4 , § 1.

CHAPTER 56. AGENCY OF DIGITAL SERVICES

Sec.

§ 3301. Agency of Digital Services; created.

  1. The Agency of Digital Services is created to provide information technology services and solutions in State government. The cost of the oversight, monitoring, and control shall be assessed to the entity requesting the activity. The Agency shall have all the responsibilities assigned to it by law, including the following:
    1. Provide services for all activities directly related to information technology and cybersecurity, including telecommunications services, information technology equipment, software, accessibility, networks in State government, and the sharing of data and information within State government.
    2. Review and approve all information technology activities within State government.
    3. Prepare and submit an annual report to the General Assembly for information technology, as described in section 3303 of this chapter.
    4. Prepare and submit a strategic plan for information technology and cybersecurity to the General Assembly, as described in section 3303 of this chapter.
    5. Obtain independent expert review of any new information technology projects, as required by section 3303 of this chapter.
    6. Provide strategy, services, and solutions for information technology activities within State government.
    7. Provide information technology project management services and business analyst services to the Executive Branch. When project managers are not available, the Agency shall procure those services and bill them back to the agencies using the services.
    8. Provide standards for the management, organization, and tracking of information technology activities within State government.
    9. Create information technology procurement policy and process for State government in collaboration with the Agency of Administration, and review all information technology and information technology requests for proposal in accordance with Agency of Administration policies.
    10. Perform the responsibilities of the Secretary of Administration under 30 V.S.A. § 227b .
    11. Inventory technology fixed assets within State government.
    12. Manage the training and classification of information technology employees within State government in collaboration with the Agency of Administration.
    13. Support the statewide development of broadband telecommunications infrastructure and services, in a manner consistent with the telecommunications plan prepared pursuant to 30 V.S.A. § 202d and community development objectives established by the Agency of Commerce and Community Development, by:
      1. purchasing telecommunications services or facilities at rates competitive within the national marketplace;
      2. sharing bandwidth with service providers or other users;
      3. establishing equipment colocation arrangements with service providers; or
      4. making other reasonable arrangements.
    14. Develop information technology and cybersecurity policies for State government.
    15. Provide technical support and services to the Legislative and Judicial branches, as needed.
  2. As used in this section:
    1. "Cybersecurity" means the protection of an information system or information stored on such information system against any act or attempt, direct or indirect, successful or unsuccessful, to gain unauthorized access, use, disclose, disrupt, modify, or destroy the information system or information stored on such information system.
    2. "Information technology activities" means:
      1. the creation, collection, processing, storage, management, transmission, or conversion of electronic data, documents, or records; and
      2. the design, construction, purchase, installation, maintenance, or operation of systems, including hardware, software, and services that perform or are contracted under Administrative Bulletin 3.5 to perform these activities.
    3. "State government" means the agencies of the Executive Branch of State government.

      Added 2019, No. 49 , § 5, eff. June 10, 2019.

§ 3302. Appointment of Secretary; powers and duties.

  1. The Governor, with the advice and consent of the Senate, shall appoint the Secretary of Digital Services who shall be the Chief Information Officer of the State. The Secretary shall appoint a deputy secretary who shall serve at the pleasure of the Secretary.
  2. The Secretary shall serve as the administrative head of the Agency of Digital Services, and shall have the following responsibilities:
    1. coordinate and optimize the use of technology within State government;
    2. approve, in consultation with the Agency of Administration, State government information technology contracts and procurement activity;
    3. review and approve State government information technology and cybersecurity policies;
    4. approve State government information technology recruitment and classification of employees; and
    5. supervise all information technology employees and contractors in State government.

      Added 2019, No. 49 , § 5, eff. June 10, 2019.

§ 3303. Reporting, records, and review requirements.

  1. Annual report and budget.  The Secretary shall submit to the General Assembly, concurrent with the Governor's annual budget request required under 32 V.S.A. § 306 , an annual report for information technology and cybersecurity. The report shall reflect the priorities of the Agency and shall include:

    performance metrics and trends, including baseline and annual measurements, for each division of the Agency;

    a financial report of revenues and expenditures to date for the current fiscal year;

    costs avoided or saved as a result of technology optimization for the previous fiscal year;

    an outline summary of information, including scope, schedule, budget, and status for information technology projects with total costs of $500,000.00 or greater;

    an annual update to the strategic plan prepared pursuant to subsection (c) of this section;

    a summary of independent reviews as required by subsection (d) of this section; and

    the Agency budget submission.

  2. Records.  The Agency shall maintain the following records for information technology projects with a total cost of $500,000.00 or greater:
    1. A business case, including life-cycle costs and sources of funds for design, development, and implementation, as well as maintenance and operations. The business case shall include expected benefits, including cost savings and service delivery improvements.
    2. Detailed project plans and status reports, including risk identification and risk mitigation plans.
  3. Strategic plan.  Biennially, on or before January 15, the Secretary shall prepare and submit a strategic plan for information technology and cybersecurity. The strategic plan shall include:
    1. the Agency's vision, mission, objectives, strategies, and overarching action plans for information technology within State government; and
    2. an update on the information technology goals for State government for the following fiscal year.
  4. Independent expert review.
    1. The Agency shall obtain independent expert review of any new information technology projects with a total cost of $1,000,000.00 or greater or when required by the Chief Information Officer.
    2. The independent review shall include:
      1. an acquisition cost assessment;
      2. a technology architecture and standards review;
      3. an implementation plan assessment;
      4. a cost analysis and a model for benefit analysis;
      5. an analysis of alternatives;
      6. an impact analysis on net operating costs for the agency carrying out the activity; and
      7. a security assessment.
    3. The requirement to obtain independent expert review described in subdivision (1) of this subsection (d) may be waived by the Chief Information Officer if, in his or her judgment, such a review would be duplicative of one or more reviews that have been, or will be, conducted under a separate federal or State requirement. If waived, such waiver shall be in writing and in accordance with procedures established by the Chief Information Officer.

      Added 2019, No. 49 , § 5, eff. June 10, 2019; amended 2019, No. 131 (Adj. Sess.), § 5.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Redesignated former subdiv. (1) as the intro. par. of subsec. (a) and redesignated former subdivs. (1)(A)-(G) as subdivs. (1)-(7).

§ 3304. Information Technology Internal Service Fund.

  1. An Information Technology Internal Service Fund is created to support activities of the Agency of Digital Services.
  2. An agency, department, or division or other State or nonstate entity that receives services of the Agency of Digital Services shall be charged for those services on a basis established by the Secretary of Digital Services with the approval of the Secretary of Administration.

    Added 2019, No. 49 , § 5, eff. June 10, 2019.

CHAPTER 57. JOB-START

Sec.

§§ 3701-3704. Repealed. 1993, No. 89, § 4.

History

Former §§ 3701-3704. Former §§ 3701-3704, which related to the job start program, were derived from 1977, No. 198 , § 1, and amended by 1979, No. 74 , § 349; 1985, No. 242 (Adj. Sess.), § 309; 1989, No. 99 ; and 1989, No. 225 (Adj. Sess.), § 25(b).

CHAPTER 57A. JOB START

Sec.

§ 3721. Repealed. 2008, No. 90, § 88, eff. March 6, 2008.

History

Former § 3721. Former § 3721, relating to the Job Start Program, was derived from 2007, No. 46 , § 6e.

§ 3722. Regional microbusiness development programs operation.

The Office of Economic Opportunity shall provide grants to each community action agency for the microbusiness development program at each community action agency. In the event that a community action agency is unable, as determined by the Office of Economic Opportunity, or unwilling to perform the required services, the Office of Economic Opportunity may provide grants to another qualified regional entity.

Added 2007, No. 46 , § 6e, eff. May 23, 2007.

§ 3723. Repealed. 2008, No. 90, § 88, eff. March 6, 2008.

History

Former § 3723. Former § 3723, relating to the Job Start Revolving Loan Fund, was derived from 2007, No. 46 , § 6e.

CHAPTER 59. COMMUNITY SERVICES AGENCIES

Sec.

§ 3901. Findings and purpose.

  1. Recognizing that the economic well-being and social equity of every Vermonter has long been a fundamental concern of the State, it remains evident that poverty continues to be the lot of a substantial number of Vermont's population.  It is the policy of this State to help develop the full potential of each of its citizens so they can contribute to the fullest extent possible to the life of our communities and the State as a whole.
  2. It is the purpose of this chapter to strengthen, supplement, and coordinate efforts that further this policy through:
    1. the strengthening of community capabilities for planning, coordinating, and managing federal, State, and other sources of assistance related to the problem of poverty;
    2. the better organization and utilization of a range of services related to the needs of the poor;
    3. the broadening of the resource base of programs to secure a more active role in assisting the poor from business, labor, and other groups from the private sector.

      Added 1981, No. 173 (Adj. Sess.), § 1, eff. April 20, 1982.

§ 3902. Office of Economic Opportunity.

  1. The Director of the Office of Economic Opportunity is hereby authorized to allocate available financial assistance for community services agencies and programs in accordance with State and federal law and regulation.
  2. The Director may provide financial assistance to community services agencies for the planning, conduct, administration and evaluation of community service programs to provide a range of services and activities having a measurable and potentially major impact on causes of poverty in the community or in areas of the community where poverty is a particularly acute problem.  Components of those services and activities may involve, without limitation of other activities and supporting facilities designed to assist low income participants:
    1. to secure and retain meaningful employment;
    2. to obtain adequate education;
    3. to make better use of available income;
    4. to provide and maintain adequate housing and a suitable living environment;
    5. to obtain services for the prevention of narcotics addiction, alcoholism, and for the rehabilitation of narcotic addicts and alcoholics;
    6. to obtain emergency assistance through loans and grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing, and unemployment-related assistance;
    7. to remove obstacles and solve personal and family problems which block achievement of self-sufficiency;
    8. to achieve greater participation in the affairs of the community;
    9. to make more frequent and effective use of other programs related to the purposes of this chapter;
    10. to coordinate and establish linkages between governmental and other social service programs to assure the effective delivery of such services to low-income persons; and to encourage the use of entities in the private sector of the community in efforts to ameliorate poverty in the community.
  3. The Director is authorized to adopt rules pursuant to chapter 25 of this title appropriate to the carrying out of this chapter and the purposes thereof.

    Added 1981, No. 173 (Adj. Sess.), § 1, eff. April 20, 1982.

§ 3903. Designation of agencies to provide services and activities to ameliorate or eliminate poverty.

The Director shall designate private nonprofit community based organizations who have demonstrated or who can demonstrate the ability to provide services and activities as defined in subsection 3902(b) of this title as community services agencies.

Added 1981, No. 173 (Adj. Sess.), § 1, eff. April 20, 1982.

§ 3904. Community Services Agency Plan.

Each designated community services agency shall determine the need for activities and services within the area served by the agency and shall thereafter prepare a community services plan which describes the method by which the agency will provide those services. The plan shall include a schedule for the anticipated provision of new or additional services and shall specify the resources which are needed by and available to the agency to implement the plan. The community services plan shall be updated annually.

Added 1981, No. 173 (Adj. Sess.), § 1, eff. April 20, 1982.

§ 3905. Community services agencies; administration.

  1. Each community services agency shall administer its programs as set out in the community services plan and as approved by its board of directors.
  2. Each board of a nonprofit community based organization that is designated a community services agency under section 3903 of this chapter shall have an executive committee of not more than seven members who shall be representative of the composition of the board and the board shall be so constituted that:
    1. one-third of the members of the board are elected public officials currently holding office, or their designees, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointive public officials may be counted in meeting such one-third requirement;
    2. one-third of the members of the board are persons chosen in accordance with election procedures adequate to assure that they are representative of the poor in the area served; and
    3. the remainder of the members of the board are officials or members of business, industry, labor, religious, welfare, education or other major groups and interests in the community.
  3. Each member of the board selected to represent a specific geographic area within a community shall reside in the area he or she represents.  No person selected under subdivisions (2) or (3) of subsection (b) as a member of a board shall serve on such board for more than five consecutive years, or more than a total of 10 years.

    Added 1981, No. 173 (Adj. Sess.), § 1, eff. April 20, 1982.

CHAPTER 65. ADMINISTRATIVE DISTRICTS

Sec.

History

Revision note. This chapter was enacted as "chapter 55" but was redesignated as "chapter 65" to conform to V.S.A. classification and style.

§ 4001. Administrative districts; creation.

The following administrative districts are created, each to consist of the following towns and cities:

  1. District 1: Benson, Brandon, Castleton, Chittenden, Clarendon, Danby, Fair Haven, Hubbardton, Ira, Mendon, Middletown Springs, Mt. Holly, Mt. Tabor, Pawlet, Pittsford, Poultney, Proctor, Rutland City, Rutland Town, Killington, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven, and West Rutland.
  2. District 2: Andover, Athens, Baltimore, Brattleboro, Brookline, Cavendish, Chester, Dover, Dummerston, Grafton, Guilford, Halifax, Jamaica, Londonderry, Ludlow, Marlboro, Newfane, Putney, Reading, Readsboro, Rockingham, Searsburg, Somerset, Springfield, Stratton, Townshend, Vernon, Wardsboro, Weathersfield, West Windsor, Westminster, Weston, Whitingham, Wilmington, Windham, Windsor, and Winhall.
  3. District 3: Barnard, Bethel, Bradford, Braintree, Bridgewater, Brookfield, Chelsea, Corinth, Fairlee, Granville, Hancock, Hartford, Hartland, Newbury, Norwich, Pittsfield, Plymouth, Pomfret, Randolph, Rochester, Royalton, Sharon, Stockbridge, Strafford, Thetford, Topsham, Tunbridge, Vershire, West Fairlee, and Woodstock.
  4. District 4: Addison, Bolton, Bridport, Bristol, Buels Gore, Burlington, Charlotte, Colchester, Cornwall, Essex, Ferrisburg, Goshen, Hinesburg, Huntington, Jericho, Leicester, Lincoln, Middlebury, Milton, Monkton, New Haven, Orwell, Panton, Richmond, Ripton, St. George, Salisbury, Shelburne, Shoreham, South Burlington, Starksboro, Underhill, Vergennes, Waltham, Westford, Waybridge, Whiting, Williston, and Winooski.
  5. District 5: Barre City, Barre Town, Belvidere, Berlin, Cabot, Calais, Cambridge, Duxbury, East Montpelier, Eden, Elmor, Fayston, Hyde Park, Johnson, Marshfield, Middlesex, Montpelier, Moretown, Morristown, Northfield, Orange, Plainfield, Roxbury, Stowe, Waitsfield, Warren, Washington, Waterbury, Waterville, Williamstown, Wolcott, Woodbury, and Worcester.
  6. District 6: Alburg, Bakersfield, Berkshire, Enosburg, Fairfax, Fairfield, Fletcher, Franklin, Georgia, Grand Isle, Highgate, Isle La Motte, Montgomery, North Hero, Richford, St. Albans City, St. Albans Town, Sheldon, South Hero, and Swanton.
  7. District 7: Albany, Averill, Avery's Gore, Barnet, Barton, Bloomfield, Brighton, Brownington, Brunswick, Burke, Canaan, Charleston, Concord, Coventry, Craftsbury, Danville, Derby, East Haven, Ferdinand, Glover, Granby, Greensboro, Groton, Guildhall, Hardwick, Holland, Irasburg, Jay, Kirby, Lemington, Lewis, Lowell, Lunenburg, Lyndon, Maidstone, Morgan, Newark, Newport City, Newport Town, Norton, Peacham, Ryegate, St. Johnsbury, Sheffield, Stannard, Sutton, Troy, Victory, Walden, Warner's Gore, Warner's Grant, Waterford, Westfield, Westmore, and Wheelock.
  8. District 8: Arlington, Bennington, Dorset, Glastenbury, Landgrove, Manchester, Peru, Pownal, Rupert, Sandgate, Shaftsbury, Stamford, Sunderland, and Woodford.

    Added 1971, No. 74 , § 3; amended 1972, E.O. No. 44, §§ 1, 2, dated Jan. 12, 1972.

History

Revision note. Substituted "Killington" for "Sherburne" in subdiv. (1) in light of 1999, Municipal Act No. M-3, § 3, which changed the name of the town of Sherburne, in the county of Rutland, to Killington. Section 4 of that act also directed the statutory revision commission to make all necessary changes in the Vermont Statutes Annotated to bring it into conformity with the provisions of the act.

Amendments--1972. Subdivision (1): Amended generally.

Subdivision (8): Amended generally.

Law review commentaries

Law review. For note, "Vermont's Act 183: Smart Growth Takes Root in the Green Mountain State," see 32 Vt. L. Rev. 583 (2008).

§ 4002. District offices.

The following administrative districts may have a district office in the following towns and cities:

  1. District 1: Rutland City
  2. District 2: Brattleboro, Windsor, and Springfield
  3. District 3: Hartford
  4. District 4: Burlington City and Middlebury
  5. District 5: Barre City and Morristown
  6. District 6: St. Albans City
  7. District 7: St. Johnsbury and Newport
  8. District 8: Bennington.

    Added 1971, No. 74 , § 3; amended 1972, E.O. No. 44, § 3, dated Jan. 12, 1972; 1991, No. 158 (Adj. Sess.).

History

Amendments--1991 (Adj. Sess.). Substituted "may" for "shall" preceding "have" in the introductory paragraph and inserted "Windsor" following "Brattleboro" in subdiv. (2).

Amendments--1972. Subdivision (2): Added "and Springfield" following "Brattleboro".

Subdivision (4): Added "and Middlebury" following "Burlington City".

Subdivision (5): Added "and Morristown" following "Barre City".

Subdivision (7): Added "and Newport" following "St. Johnsbury".

Subdivision (8): Added.

§ 4003. [Eliminated.] E.O. No. 44, § 4, dated Jan. 12, 1972.

History

Former § 4003. Former § 4003, relating to subdistrict offices, was derived from 1971, No. 74 , § 3.

§ 4004. Organization.

Insofar as is practicable each State administrative agency, department, and council which is authorized to provide services on a regional or local level shall provide these services when so directed by Executive Order in each administrative district from offices located in the town or city in which a district office or subdistrict office is located.

Added 1971, No. 74 , § 3.

History

Reference in text. Reference to "subdistrict office" in this section is obsolete. Section 4003 of this title, relating to such offices, was eliminated by E.O. No. 44, § 4, dated Jan. 12, 1972.

§ 4005. Reorganization.

  1. The Governor may make such changes in the organization of the administrative districts as he considers necessary for efficiency by Executive Order.  An Executive Order issued under this section shall be presented to the General Assembly not later than January 15th of the year in which the General Assembly sits.  The Executive Order shall become effective unless disapproved by resolution of either House of the General Assembly within 90 days, or before final adjournment of that annual session, whichever comes first.
  2. Executive Orders which become effective under this chapter shall be printed with the session laws and published in an appendix to the Vermont Statutes Annotated.

    Added 1971, No. 74 , § 3.

CHAPTER 67. AGENCY PLANNING

Sec.

Cross References

Cross references. Municipal and regional planning and development, see 24 V.S.A. § 4301 et seq.

State land use and development plans, see 10 V.S.A. § 6001 et seq.

§ 4020. State agency planning and coordination.

  1. State agencies that have programs or take actions affecting land use, as determined by Executive Order of the Governor, shall engage in a continuing planning process to assure that those programs and actions are consistent with the goals established in 24 V.S.A. § 4302 and compatible with regional and approved municipal plans, as those terms are defined in that section.  This planning process shall be coordinated, in a manner established by Executive Order of the Governor, with the planning process of other agencies and of regional and municipal entities of the regions in which the programs and actions are to have effect.
  2. In the process of preparing plans or amendments to plans, a State agency shall hold at least two public hearings which are noticed as provided in 3 V.S.A. § 839 for administrative rules, but plans shall not be adopted as administrative rules under 3 V.S.A. chapter 25.  Specific notice also shall be provided to the following, at least 30 days prior to the public hearing:
    1. the executive director of each regional planning commission;
    2. the Department of Housing and Community Affairs within the Agency of Commerce and Community Development;
    3. the Council of Regional Commissions; and
    4. business, conservation, low-income advocacy, and other community or interest groups or organizations that have requested notice prior to the date the hearing is warned.
  3. Any of the foregoing bodies or their representatives may submit comments on the proposed plan or amendment, and may appear and be heard in any proceeding with respect to the adoption of the proposed plan or amendment.  State agencies shall use an informal working format at locations convenient and accessible to the public in order to provide opportunities for all persons and organizations with an interest in their plans and actions to participate.

    Added 1987, No. 200 (Adj. Sess.), § 28, eff. July 1, 1989; amended 1995, No. 190 (Adj. Sess.), § 1(a).

History

Amendments--1995 (Adj. Sess.) Subdivision (b)(2): Substituted "agency of commerce and community development" for "agency of development and community affairs".

§ 4021. Adoption of State agency plans.

By January 1, 1991, each State agency that has programs or that takes actions affecting land use shall adopt an interim plan that is compatible with regional and approved municipal plans, and that is consistent with the goals established in 24 V.S.A. § 4302 . By January 1, 1993, each State agency that has programs or that takes actions affecting land use shall adopt a plan that is compatible with regional plans and approved municipal plans, and that is consistent with the goals established in 24 V.S.A. § 4302 . Thereafter, the agency shall readopt its plan biennially, to ensure that its plan remains compatible with regional plans and approved municipal plans, and remains consistent with the goals established in 24 V.S.A. § 4302. The term "approved municipal plans" as used in this section has the meaning established in 24 V.S.A. § 4350 .

Added 1987, No. 200 (Adj. Sess.), § 28, eff. July 1, 1989; amended 1989, No. 280 (Adj. Sess.), § 12; 2009, No. 33 , § 10.

History

Amendments--2009. Deleted the former fourth sentence.

Amendments--1989 (Adj. Sess.). Amended section generally.

CHAPTER 68. EXECUTIVE DIRECTOR OF RACIAL EQUITY

Sec.

History

Legislative intent. 2018, No. 9 (Sp. Sess.), § 1 provides: "It is the intent of the General Assembly to promote racial justice reform throughout the State by mitigating systemic racism in all systems of State government and creating a culture of inclusiveness."

§ 5001. Position. Section 5001 repealed effective June 30, 2024.

  1. There is created within the Executive Branch the position of Executive Director of Racial Equity to identify and work to eradicate systemic racism within State government.
  2. The Executive Director of Racial Equity shall have the powers and duties enumerated within section 2102 of this title and shall work collaboratively with and act as a liaison between the Governor's Workforce Equity and Diversity Council, the Vermont Human Rights Commission, and the Governor's Cabinet.
  3. The Executive Director shall be housed within and have the administrative, legal, and technical support of the Agency of Administration.
  4. The Executive Director shall report to and be under the general supervision of the Governor, or, to the extent such supervisory authority is delegated, the Secretary of Administration. The Administration shall not prevent or prohibit the Executive Director from initiating, carrying out, or completing the duties of the Executive Director as set forth in section 5003 of this title.

    Added 2018, No. 9 (Sp. Sess.), § 3, eff. June 28, 2018; repealed on June 30, 2024 by 2018, No. 9 (Sp. Sess.), § 8(1).

§ 5002. Racial Equity Advisory Panel. Section 5002 repealed effective June 30, 2024.

  1. The Racial Equity Advisory Panel is established. The Panel shall be organized and have the duties and responsibilities as provided in this section. The Panel shall have the administrative, legal, and technical support of the Agency of Administration.
    1. The Panel shall consist of five members, as follows: (b) (1)  The Panel shall consist of five members, as follows:
      1. one member appointed by the Committee on Committees who shall not be a current legislator;
      2. one member appointed by the Speaker of the House who shall not be a current legislator;
      3. one member appointed by the Chief Justice of the Supreme Court who shall not be a current legislator;
      4. one member appointed by the Governor who shall not be a current legislator; and
      5. one member appointed by the Human Rights Commission who shall not be a current legislator.
    2. Members shall be drawn from diverse backgrounds to represent the interests of communities of color throughout the State, have experience working to implement racial justice reform and, to the extent possible, represent geographically diverse areas of the State.
    3. The term of each member shall be three years, except, so that the term of one regular member expires in each ensuing year of the members first appointed, one shall serve a term of: one year, to be appointed by the Human Rights Commission; two years, to be appointed by the Governor; three years, to be appointed by the Speaker of the House; four years, to be appointed by the Committee on Committees; and five years, to be appointed by the Chief Justice of the Supreme Court. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of this subsection. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term. Members shall serve until their successors are elected or appointed. Members shall serve not more than three consecutive terms in any capacity.
    4. Members of the Panel shall elect by majority vote the Chair of the Panel, who shall serve for a term of three years after the implementation period. Members of the Panel shall be appointed on or before September 1, 2018 in order to prepare as they deem necessary for the establishment of the Panel, including the election of the Chair of the Panel. Terms of members shall officially begin on January 1, 2019.
  2. The Panel shall have the following duties and responsibilities:
    1. work with the Executive Director of Racial Equity to implement the reforms identified as necessary in the comprehensive organizational review as required by subsection 5003(a) of this title;
    2. advise the Executive Director to ensure ongoing compliance with the purpose of this chapter, and advise the Governor on strategies for remediating systemic racial disparities in statewide systems of government; and
    3. on or before January 15, 2020, and annually thereafter, report to the House and Senate Committees on Government Operations on:
      1. the extent to which the State is achieving the performance targets and measures as developed pursuant to subsection 5003(c) of this title; and
      2. the nature and quality of the collaboration between the Governor's Cabinet and the Executive Director.
  3. Each member of the Panel shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 .

    Added 2018, No. 9 (Sp. Sess.), § 3, eff. June 28, 2018; repealed on June 30, 2024 by 2018, No. 9 (Sp. Sess.), § 8(1).

§ 5003. Duties of Executive Director of Racial Equity. Section 5003 repealed effective June 30, 2024.

  1. The Executive Director of Racial Equity (Director) shall work with the agencies and departments to implement a program of continuing coordination and improvement of activities in State government in order to combat systemic racial disparities and measure progress toward fair and impartial governance, including:
    1. overseeing a comprehensive organizational review to identify systemic racism in each of the three branches of State government and inventory systems in place that engender racial disparities;
    2. managing and overseeing the statewide collection of race-based data to determine the nature and scope of racial discrimination within all systems of State government; and
    3. developing a model fairness and diversity policy and reviewing and making recommendations regarding the fairness and diversity policies held by all State government systems.
  2. Pursuant to section 2102 of this title, the Director shall work collaboratively with State agencies and departments to gather relevant existing data and records necessary to carry out the purpose of this chapter and to develop best practices for remediating systemic racial disparities throughout State government.
  3. The Director shall work with the agencies and departments and with the Chief Performance Officer to develop performance targets and performance measures for the General Assembly, the Judiciary, and the agencies and departments to evaluate respective results in improving systems. These performance measures shall be included in the agency's or department's quarterly reports to the Director, and the Director shall include each agency's or department's performance targets and performance measures in his or her annual reports to the General Assembly.
  4. The Director shall, in consultation with the Department of Human Resources and the agencies and departments, develop and conduct trainings for agencies and departments regarding the nature and scope of systemic racism and the institutionalized nature of race-based bias. Nothing in this subsection shall be construed to discharge the existing duty of the Department of Human Resources to conduct trainings.
  5. The Director shall periodically report to the Racial Equity Advisory Panel on the progress toward carrying out the duties as established by this section.
  6. On or before January 15, 2020, and annually thereafter, the Director shall report to the House and Senate Committees on Government Operations demonstrating the State's progress in identifying and remediating systemic racial bias within State government.

    Added 2018, No. 9 (Sp. Sess.), § 3, eff. June 28, 2018; repealed on June 30, 2024 by 2018, No. 9 (Sp. Sess.), § 8(1).

§ 5004. Information; disclosure and confidentiality. Section 5004 repealed effective June 30, 2024.

  1. Confidentiality of records.
    1. Any records transmitted to or obtained by the Executive Director of Racial Equity and the Racial Equity Advisory Panel that are exempt from public inspection and copying under the Public Records Act shall remain exempt and shall be kept confidential to the extent required by law.
    2. Draft reports, working papers, and internal correspondence between the Director and the Panel shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The completed reports shall be public records.
  2. Exceptions.
    1. The Director and Panel members may make records available to each other, the Governor, and the Governor's Cabinet as necessary to fulfill their duties as set forth in this chapter. They may also make records pertaining to any alleged violations of antidiscrimination statutes available to any State or federal law enforcement agency authorized to enforce such statutes.
    2. Absent a court order for good cause shown or the prior written consent of an individual providing information or lawfully obtained records to the Director or the Panel, the Director and Panel Members may decline to disclose:
      1. the identity of the individual if good cause exists to protect his or her confidentiality; and
      2. materials pertaining to the individual, including written communications among the individual, the Director, and the Panel and recordings, notes, or summaries reflecting interviews or discussions among the individual, the Director, and the Panel.

        Added 2018, No. 9 (Sp. Sess.), § 3, eff. June 28, 2018; repealed on June 30, 2024 by 2018, No. 9 (Sp. Sess.), § 8(1).

§ 5005. Nomination and appointment process. Section 5005 repealed effective June 30, 2024.

  1. The Racial Equity Advisory Panel shall select for consideration by the Panel, by majority vote, provided that a quorum is present, from the applications for the position of Executive Director of Racial Equity as many candidates as it deems qualified for the position.
  2. The Panel shall submit to the Governor the names of the candidates deemed most qualified to be appointed to fill the position.
  3. The Governor shall make the appointment to the Executive Director position from the list of qualified candidates submitted pursuant to subsection (b) of this section. The names of candidates submitted and not selected shall remain confidential.

    Added 2018, No. 9 (Sp. Sess.), § 3, eff. June 28, 2018; repealed on June 30, 2024 by 2018, No. 9 (Sp. Sess.), § 8(1).

TITLE 3 Executive Appendix Executive Orders

Chapter

Cross References

Cross references. Authority for issuance and publication of executive orders generally, see § 2002 of Title 3.

Staffing of agencies, departments and divisions created by executive order, see § 2003 of Title 3.

Transfers of functions within executive branch by executive order, see §§ 2003, 2005, 2006 and 2007 of Title 3.

CHAPTER 1. GENERAL PROVISIONS

[Reserved for future use.]

CHAPTER 2. LEGISLATURE

[Reserved for future use.]

CHAPTER 3. EXECUTIVE

3-1. (No. 13-69) [Planning and Community Services Agency.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

3-2. (No. 44-72) [Administrative Districts.

WHEREAS, by the terms of No. 74 of the Acts of 1971, authority was granted to the Governor to make changes in the organization of the administrative districts of the State; and

WHEREAS, such changes are to be proposed by executive order and submitted to both houses of the General Assembly for consideration;

NOW, THEREFORE, I, Deane C. Davis, by virtue of the authority in me vested as Governor, and considering certain changes to be necessary for efficient administration, do hereby propose:

  1. That paragraph (1) of chapter 65, Title 3, Vermont Statutes Annotated, § 4001, be amended as follows:
    1. District 1: Benson, Brandon, Castleton, Chittenden, Clarendon, Danby, Fair Haven, Hubbardton, Ira, Mendon, Middletown Springs, Mt. Holly, Mt. Tabor, Pawlet, Pittsford, Poultney, Proctor, Rutland City, Rutland Town, Sherburne, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven, and West Rutland.
  2. That the following paragraph (8) be added to § 4001 of chapter 65, Title 3, Vermont Statutes Annotated:

    (8) District 8: Arlington, Bennington, Dorset, Glastenbury, Landgrove, Manchester, Peru, Pownal, Rupert, Sandgate, Shaftsbury, Stamford, Sunderland, and Woodford.

  3. The district offices designated under § 4002, shall be amended as follows:
    1. District 1: Rutland City
    2. District 2: Brattleboro and Springfield
    3. District 3: Hartford
    4. District 4: Burlington City and Middlebury
    5. District 5: Barre City and Morristown
    6. District 6: St. Albans City
    7. District 7: St. Johnsbury and Newport
    8. District 8: Bennington
  4. The designation of sub-district offices under § 4003 shall be eliminated.

    Dated January 12, 1972.

History

Reference in text. No. 74 of the Acts of 1971, referred to in the first paragraph of this order, is classified in part to chapter 65 of Title 3.

The reference to the town of Sherburne, in subdiv. (1) of this order, is no longer correct. The name of the town of Sherburne, in the county of Rutland, was changed to Killington by 1999, Municipal Act No. M-3, § 3. Section 4 of that act also directed the statutory revision commission to make all necessary changes in the Vermont Statutes Annotated to bring it into conformity with the provisions of the act.

3-3. (No. 14-78) [Interagency Committee on Rules and Administrative Procedures.

Superseded and replaced by Executive Order No. 3-52 (codified as Executive Order No. 04-10), dated July 2, 2010.

History

Reference in text. The "Department of Labor and Industry", referred to in this order, was merged with the Department of Labor and is now referenced as the "Department of Labor" by Executive Order No. 21-8, effective July 1, 2005.

Act 211 of the 1975 Adjourned Session, referred to in this order, is classified in part to chapter 25 of Title 3. The Interagency Committee on Rules and Administrative Procedures, created by section 2 of Act 211, no longer exists. Its functions are now performed by the Interagency Committee on Administrative Rules. See § 820 of Title 3.

2003. The department of agriculture, referred to in this order, was renamed the agency of agriculture by 2003, No. 42 , § 3.

The agency of development and community affairs, referred to in clause b of the paragraph of this order designated as number 1, was renamed the agency of commerce and community development by 1995, No. 190 (Adj. Sess.), § 1(a).

The agency of environmental conservation, referred to in clause d of the paragraph of this order designated as number 1, was renamed the agency of natural resources by 1987, No. 76 , § 18.

3-4. (No. 21-78) [Transfer of Utility Driver Position From Agency of Human Services to Purchasing Division, Agency of Administration.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

3-5. (No. 32-79) [Transfer of Clerk B Position From Office of Secretary of State to Division of Public Records, Agency of Administration.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

3-6. (No. 71-83) [Agencies Required To File Proposed Administrative Rules With Interagency Committee on Administrative Rules.

Expired by its own terms, effective January 1, 1985.

3-7. (No. 74-83) [Intergovernmental Consultation System.

Rescinded by Executive Order No. 3-33 (codified as Executive Order No. 13-96), dated July 17, 1996.

3-8. (No. 83-84) [Abolition of Certain Boards, Commissions, Councils and Other Bodies.

WHEREAS, the Governor has the power under 3 V.S.A., chapter 41 to effect change in the organization of the executive branch by means of Executive Order, and

WHEREAS, various Governors over the years have used Executive Orders to establish boards, commissions, councils and similar bodies for varying purposes, and

WHEREAS, a number of these bodies have been inactive for several years, have been superseded by similar statutory bodies, or have otherwise ceased to serve the purpose for which they were established, and

WHEREAS, an attorney general's opinion has determined that Executive Orders continue in effect indefinitely unless limited in duration by their own terms or because they have a transitory effect, or until revoked, rescinded or superseded, and

WHEREAS, there is need to officially abolish those bodies established by Executive Order which have outlived their usefulness yet remain in existence,

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the power vested in me as Governor of Vermont, do hereby revoke and rescind the following Executive Orders and the bodies established thereby:

Executive Order #10 dated July 9, 1969 (Governor's Commission on Student Affairs)

Executive Order #10a dated December 11, 1970 (Governor's Commission on Student Affairs)

Executive Order #18 dated January 9, 1970 (Governor's Council for Student Interns in State Government)

Executive Order #3 dated November 7, 1973 (Vermont Energy Policy Advisory Board)

Executive Order #37 dated May 13, 1974 (Voluntarism Advisory Council)

Executive Order #17 dated July 15, 1975 (Youth Camp Advisory Council)

Executive Order #18 dated July 22, 1975 (Youth Camp Advisory Council)

Executive Order #19 dated August 5, 1975 (Governor's Commission on the Administration of Justice)

Executive Order #20 dated September 15, 1975 (Advisory Committee for Economic Development Planning)

Executive Order #31 dated June 9, 1976 (Security and Privacy Committee)

Executive Order #34 dated August 31, 1976 (Vermont Epilepsy Commission)

Executive Order #8 dated September 1, 1977 (Vermont Metric Coordinating Council)

Executive Order #12 dated December 1, 1977 (Vermont State Nuclear Advisory Panel)

Executive Order #22 dated September 14, 1978 (Inter Agency Craft Council)

Executive Order #37 dated August 15, 1979 (Vermont Certified Public Manager Board)

Executive Order #39 dated September 11, 1979 (Vermont Statewide Waste Treatment Planning Board)

Executive Order #45 dated March 12, 1980 (Governor's Commission on Energy Independence)

Executive Order #47 dated April 1, 1980 (Vermont State Police Advisory Commission)

Dated August 31, 1984.

3-9. (No. 19-86) [Agencies Required To File Proposed or Emergency Administrative Rules With Interagency Committee on Administrative Rules.

Expired by its own terms, effective January 1, 1987.

3-10. (No. 20-86) [Governor's Commission on Women.

Revoked and rescinded by Executive Order 06-05(codified as Executive Order No. 3-46), dated September 13, 2005.

3-11. (No. 35-87) [Abolition of Certain Departments and Divisions and Establishment of the Department of General Services and Department of Finance and Management.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

3-12. (No. 36-87) [Transfer of Certain Positions and Appropriations From Agency of Environmental Conservation, Department of Water Resources to Department of Labor and Industry.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

3-13. (No. 45-87) [Transfer of Certain Positions, Functions and Appropriations of Certain Agencies and the Central Support Services Revolving Fund to Department of General Services.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

3-14. (No. 56-88) [Agencies Required To File Proposed and Emergency Administrative Rules With Interagency Committee on Administrative Rules; Study of Scope of and Limitations on Rulemaking.

Superseded and replaced by Executive Order No. 04-10 (codified as Executive Order No. 3-52), dated July 2, 2010.

History

Reference in text. The "Department of Labor and Industry", referred to in this order, was merged with the Department of Labor and is now referenced as the "Department of Labor" by Executive Order No. 21-8, effective July 1, 2005.

Editor's note. Executive Order No. 19-86, dated February 28, 1986, and Executive Order No. 71-83, dated June 3, 1983, expired by their own terms, effective January 1, 1985 and January 1, 1987, respectively.

3-15. (No. 70-89) [Abolition of Office on Aging and Transfer of Functions of Certain Divisions to and Establishment of Department of Rehabilitation and Aging.

Revoked and rescinded by Executive Order 10-09 (codified as Executive Order No. 3-50), dated December 23, 2009.

3-16. (No. 1-91) [Transfer of Duties and Director of Office of Economic Opportunity From Agency of Human Services to Department of Prevention, Assistance, Transition, and Health Access.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

3-17. (No. 2-91) [Transfer of Duties Relating to Public Drinking Water Program and Positions and Equipment of Division of Environmental Health From Department of Health to Department of Environmental Conservation.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

3-18. (No. 3-91) [Executive Code of Ethics.

Superseded by Executive Order No. 8-91 (codified as Executive Order No. 3-19), dated October 3, 1991.

3-19. (No. 8-91) [Executive Code of Ethics.

Superseded by Executive Order No. 04-00 (codified as Executive Order No. 3-40), dated June 13, 2000.

3-20. (No. 15-91) [Recognition and Encouragement of Vermont Minority/Women Business Enterprises Partnership.

WHEREAS, the Vermont Minority/Women Business Enterprises Partnership was mandated to develop a plan to facilitate equal access and maximum opportunity to participate in state contracting procedures for Minority/Women Business Enterprises (M/WBEs) and to ensure nondiscrimination in state contracting programs; and

WHEREAS, the plan presented by the Partnership is the result of deliberations that included consideration of the methods for collecting statewide data and certifying M/WBEs; and

WHEREAS, the plan addressed the provision of technical assistance and outreach programs to broaden the participation of these enterprises in the state's contracting process; and

WHEREAS, through consultation with technical experts, both in and out of government, the implementation plan is achievable within existing resources of State Agencies and Departments;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by virtue of the power vested in me as Governor, do hereby order the following actions:

  1. Agencies and Departments of state government shall adopt and implement the following policy:

    The State of Vermont recognizes the important contributions and vital impact which small businesses have on the state's economy. In this regard, the state prescribes to a free and open bidding process that affords all businesses equal access and opportunity to compete for state contracts for goods and services. The state also recognizes the existence of businesses owned by minorities and women and directs all state agencies and departments to make a good faith effort to encourage these firms to compete for state contracts.

  2. The Agency of Development and Community Affairs using existing staff will act as liaison to minority/women businesses.
  3. Data on women and minority businesses will be integrated into the state's vendor list and into the list of awarded contracts.
  4. The Purchasing Department will provide outreach to M/WBEs by conducting seminars on "Contracting with State Government."

    This Executive Order shall take effect upon signing.

    Dated December 11, 1991.

History

Editor's note. The agency of development and community affairs, referred to in the paragraph of this order designated as number 2, was renamed the agency of commerce and community development by 1995, No. 190 (Adj. Sess.), § 1(a).

The reference to the purchasing department in the paragraph of this order designated as 4 should be a reference to the department of general services in view of the abolition of the division of purchasing, agency of administration and the transfer of the duties, responsibilities and authority of that division to the department of general services by Executive Order No. 35-87, which took effect on July 1, 1987 and is set out in this chapter. 1995, No. 148 (Adj. Sess.), § 4(c)(2), renamed the department of general services as the department of buildings and general services.

3-21. (No. 101-91) [Abolition of Certain Boards, Commissions, Councils and Other Bodies.

WHEREAS, the Governor has the authority to issue Executive Orders to ensure efficiency and effectiveness in the management of state government; and

WHEREAS, several Executive Orders have been developed since January 10, 1985, to support the Governor's policy and program management actions; and

WHEREAS, the objectives of some of the Executive Orders have been achieved; and

WHEREAS, it is desirable to rescind the Executive Orders that are no longer necessary;

NOW, THEREFORE, BE IT RESOLVED that I, Madeleine M. Kunin, Governor of the State of Vermont, do hereby rescind the following Executive Orders:

Executive Order #1 dated February 21, 1985 (Job Skills Cabinet)

Executive Order #3 dated April 18, 1985 (Higher Education Planning Commission)

Executive Order #5 dated May 16, 1985 (Vermont Advisory Commission on Intergovernmental Relations)

Executive Order #8 dated June 19, 1985 (Asbestos Health Hazard Control Abatement Program)

Executive Order #9 dated June 20, 1985 (Burlington International Airport Special Study Group)

Executive Order #11 dated July 10, 1985 (Special Task Force on On-Site Waste Disposal Technology)

Executive Order #13 dated August 2, 1985 (Hunger Task Force)

Executive Order #14 dated August 2, 1985 (Vermont Telecommunications Commission)

Executive Order #16 dated October 10, 1985 (Sentencing Study Commission)

Executive Order #17 dated February 6, 1986 (Solid Waste Management Advisory Committee)

Executive Order #18 dated February 27, 1986 (Oil Overcharge Task Force)

Executive Order #27 dated July 24, 1986 (Oil Overcharge Task Force)

Executive Order #29 dated August 4, 1986 (Sentencing Study Commission)

Executive Order #39 dated February 10, 1987 (Telecommunications Oversight Committee)

Executive Order #40 dated February 11, 1987 (Special Task Force on Transportation Systems)

Executive Order #43 dated April 16, 1987 (Emergency Response Commission)

Executive Order #43a dated June 22, 1987 (Emergency Response Commission)

Executive Order #44 dated July 2, 1987 (Special Solid Waste Implementation Task Force)

Executive Order #46 dated July 13, 1987 (Special Commission on Public School Governance)

Executive Order #47 dated July 14, 1987 (Special Commission on Special Education)

Executive Order #50 dated September 22, 1987 (Commission on Vermont's Future: Guidelines for Growth)

Executive Order #57 dated January 9, 1988 (Administrative Law Task Force)

Executive Order #67 dated September 6, 1988 (Commission on Educating Vermont's Workforce)

Executive Order #69 dated November 22, 1988 (Poet Laureate Panel)

Executive Order #72 dated March 3, 1989 (Committee to Study Proposed Vermont Sports Entertainment Complex)

Executive Order #73 dated April 4, 1989 (Committee to Study Vermont Higher Education)

Executive Order #80 dated October 24, 1989 (Fish and Wildlife Commission)

Executive Order #83 dated January 12, 1990 (Reorganization of the Public Service Department)

This Executive Order shall take effect upon signing.

Dated January, 1991.

3-22. (No. 3A-92) [Recognition, Structure and Powers of Vermont Center for Geographic Information and Transfer of Functions from Geographic Information Services.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

3-23. (No. 01-93) [Reversal of Reorganization of Agency of Administration.

WHEREAS, the Governor has the authority to issue Executive Orders to ensure efficiency and effectiveness in the management of state government; and

WHEREAS, it is desirable to rescind Executive Orders that are no longer necessary.

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby rescind the following actions taken in Executive Order No. 4-91 (Reorganization of Agency of Administration) dated January 31, 1991:

  1. The redesignation and change in duties of the Deputy Secretary of Administration;
  2. The change in reporting of the Commissioner of Finance and Management;
  3. The redesignation and change in duties of the Commissioner of the Department of General Services.

    This Executive Order shall take effect upon signing and shall supersede any previous orders or directives of this office to the extent inconsistent herewith.

    Dated January 10, 1993.

History

Editor's note. The department of general services, referred to in the paragraph designated as 3, was renamed the department of buildings and general services by 1995, No. 148 (Adj. Sess.), § 4(c)(2).

3-24. (No. 08-93) [Vermont State Craft Center Overview Commission.

Superseded and replaced by Executive Order No. 06-06 (codified as Executive Order No. 3-46), dated October 10, 2006.

3-25. (No. 13-93) [Governor's Council on Affirmative Action; Creation of Program.

Superseded by Executive Order No. 14-98 (codified as Executive Order No. 3-37), dated November 18, 1999.

3-26. (No. 01-94) [Abolition of Department of Taxes and Creation of Department of Revenue.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

History

Legislative redesignation of department of revenue as department of taxes. 1993, No. 210 (Adj. Sess.), § 25, provided: "Notwithstanding the procedures of 3 V.S.A. § 2002 permitting the governor to implement changes in the organization of government by executive order and the executive order of the governor establishing a department of revenue, dated January 12, 1994, said department shall henceforth be called the department of taxes. The secretary of administration shall submit a plan for funding the transitional costs and operations of the department to the general assembly before the executive order shall become effective."

3-27. (No. 05-94) [Vermont Developmental Disabilities Council.

Superseded and replaced by Executive Order No. 05-07 (codified as Executive Order No. 33-16), dated August 14, 2007.

3-28. (No. 11-94) [Reimbursement for Members of Governor's Commission on Women.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

3-29. (No. 12-94) [Telecommunications Technology Council of Vermont.

Superseded and replaced by Executive Order No. 15-03 (codified as Executive Order No. 30-7), dated September 24, 2003.

3-30. (No. 07-95) [Administrative Districts.

WHEREAS, Vermont state government can realize savings by consolidating management, information and space; by coordinating state technical services; and by consolidating the public's access to information and other assistance; and

WHEREAS, Vermont state government must also collaborate to avoid inconsistencies and redundancies among state and local agencies and departments; and

WHEREAS, 3 V.S.A. Section 4001 establishes eight administrative districts for state government.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby direct all executive branch agencies and departments of Vermont state government to:

ì Align the geographic boundaries of their administrative districts to conform with the statutorily prescribed eight administrative districts.

ì Reduce management and overhead structures in agencies and departments within the eight administrative service districts by combining these districts where appropriate or by sharing management resources across agencies and departments.

ì Work collaboratively with communities and service providers within these districts to deliver quality and cost-effective services.

ì Enhance client service delivery systems to geographically isolated regions of the state through the use of satellite offices.

This Executive Order shall take effect upon signing.

Dated October 4, 1995.

3-31. (No. 08-95) [Abolition of Certain Boards, Commissions, Councils and Other Bodies.

WHEREAS, Governors over the years have established boards, commissions, and councils for various purposes by Executive Order; and

WHEREAS, the members appointed to these bodies have worked diligently to complete the tasks assigned to them; and

WHEREAS, a number of these bodies have completed their work and been inactive for a period of years, or have been superseded by similar statutory bodies, or have ceased to serve the purpose for which they were established;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor of the State of Vermont, do hereby revoke and rescind the following Executive Orders:

Executive Order #20-78 dated August 23, 1978 (State-Local Intergovernmental Relations)

Executive Order #85-90 dated March 15, 1990 (Vermont-Minority/Women Business Enterprises Partnership)

Executive Order #94-90 dated October 5, 1990 (Vermont Municipal Advisory Committee)

Executive Order #09-93 dated June 24, 1995 (Vermont Partnership for Economic Progress) Superseded by statute

Executive Order #16-78 dated June 15, 1978 (Agriculture Advisory Board)

Executive Order #52-80 dated September 25, 1980 (Agricultural Lands Review Board)

Executive Order #60-81 dated May 20, 1981 (Changes in Membership of Agriculture Advisory Board)

Executive Order #7-85 dated June 11, 1985 (Agriculture Advisory Board)

Executive Order #76-89 dated June 22, 1989 (Vermont-Quebec Joint Commission) - Superseded by statute

Executive Order #90-90 dated April 27, 1990 (Export Advisory Council) - Superseded by statute

Executive Order #93-90 dated September 1, 1990 (Task Force for the Protection of Consumers of Petroleum Products)

Executive Order #5-73 dated February 22, 1973 (State Planning Office)

Executive Order #63-88 dated March 29, 1988 (Advisory Council on Technology)

Executive Order #79-89 dated October 23, 1989 (Development of Comprehensive Energy Plan and Creation and Duties of State Agency Task Force on Energy)

Executive Order #66-82 dated April 12, 1982 (Delinquency Prevention Coordinating Council) - Superseded by statute

Executive Order #10-85 dated July 1, 1985 (Justice and Victims Assistance Council) - Superseded by statute

Executive Order #86-90 dated April 5, 1990 (Bail Amendment Task Force)

Executive Order #85-84 dated November 30, 1984 (Commission on Child Support)

Executive Order #78-89 dated August 22, 1989 (Holocaust Human Rights Education Committee)

Executive Order #96-90 dated October 19, 1990 (Advisory Panel on State-University Relations)

Executive Order # 26-79 dated January 29, 1979 (Alcohol and Drug Abuse Council) - Superseded by statute

Executive Order #59-81 dated April 8, 1981 (Governor's Council on Physical Fitness) - Superseded by statute

Executive Order #69-83 dated January 25, 1983 (Special Cabinet for Prevention, Education and Treatment of Alcohol Abuse)

Executive Order #49-87 dated August 19, 1987 (Biomedical Ethics Advisory Panel)

Executive Order #87-90 dated April 5, 1990 (Governor's Commission on Alzheimer's Disease and Related Disorders) - Superseded by statute

Executive Order #5-91 dated March 6, 1991 (Vermont Blue Ribbon Commission on Health)

Executive Order #31-86 dated October 9, 1986 (Vermont Fire and Burn Prevention Council)

Executive Order #27-79 dated January, 1979 (Creation of Employment and Training Services Task Force)

Executive Order #43-79 dated December 18, 1979 (Continuation of Employment and Training Services Task Force)

Executive Order #54-81 dated January 13, 1981 (Occupational Information Coordinating Committee)

Executive Order #75-83 dated October 21, 1983 (Advisory Committee on Employment of the Handicapped) - Superseded by statute

Executive Order #2-85 dated April 15, 1985 (Development Cabinet)

Executive Order #88-90 dated April 5, 1990 (Vermont Education and Training 2000 Implementation Committee)

Executive Order #05-93 dated March 9, 1993 (Vermont Human Resources Investment Council)

Executive Order #95-90 (no date) (Vermont Columbus Quincentenary Commission)

Executive Order #2-73 dated January 12, 1973 (Advisory Rate Setting committee)

Executive Order #6-92 dated May 12, 1992 (Governor's Blue Ribbon Commission on Educational and Municipal Financing Reform)

Executive Order #2-73 dated January 12, 1973 (Advisory Rate Setting Committee) - Superseded by statute

Executive Order #30-71 dated January 14, 1971 (Advisory Rate Setting Committee) - Superseded by statute

Executive Order #4-73 dated January 15, 1973 (Office of Child Development) - Abolished by Executive Order #2-77

Executive Order #23-78 dated September 14, 1978 (1122 Appellate Review Board)

Executive Order #37-87 dated January 23, 1987 (Governor's Task Force for the Prevention of Teenage Pregnancy)

Executive Order #61-88 dated March 23, 1988 (Continuation of Governor's Task Force for the Prevention of Teenage Pregnancy)

Executive Order #11-91 dated November 7, 1991 (Commission on Volunteers) - Superseded by Executive Order #16-93

This Executive Order shall take effect upon signing.

Dated December 28, 1995.

3-32. (No. 01-96A) [Transfer of Certain Positions and Investments from Agency of Transportation to Department of Public Safety.

Superseded by Executive Order No. 02-03 (codified as Executive Order No. 19-4), dated March 20, 2003.

3-33. (No. 13-96) [Transfer of Functions and Responsibilities from Agency of Administration, Division of State Buildings to Various Agencies.

WHEREAS, Executive Order #74 was issued September 23, 1983; and

WHEREAS, the functions and responsibilities of this Executive Order are being carried out by various agencies.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby revoke and rescind Executive Order #74 dated September 23, 1983.

This Executive Order shall take effect upon signing.

Dated July 17, 1996.

3-34. (No. 05-98) [Establishment of Blue Ribbon Commission on State Government Performance and Work Force Needs.

Expired by its own terms, effective January 15, 1999.

3-35. (No. 09-98) [Vermont Commission on National and Community Service.

Superseded by Executive Order 02-09 (codified as Executive Order No. 33-18), dated January 21, 2009.

History

2009 Executive Order No. 02-09 (codified as E.O. 33-18), dated January 21, 2009 and effective January 23, 2009, rescinds and repeals any by-laws previously adopted by the Commission. The Commission created by this order, however, shall be a continuation of, and successor to, the Commission established by Executive Order No. 09-98. Members of the Commission serving on the effective date of this order shall continue to serve until the expiration of their terms and may be re-appointed for up to two additional consecutive terms.

3-36. (No. 11-98) [Year 2000 Remediation.

Superseded by Executive Order 5-99 (codified as Executive Order No. 3-38), dated May 11, 1999.

3-37. (No. 14-98) [Affirmative Action.

Superseded by Executive Order No. 09-02 (codified as Executive Order No. 3-43), dated August 20, 2002.

3-38. (No. 05-99) [Year 2000 Remediation.

Expired by its own terms, effective January 1, 2001.

3-39. (No. 01-00) [Governor's Development Cabinet.

Revoked and rescinded by Executive Order 03-03 (codified as Executive Order No. 3-44), dated April 11, 2003.

3-40. (No. 04-00) [Executive Code of Ethics.

Superseded and replaced by Executive Order No. 10-03 (codified as Executive Order No. 3-45), dated September 13, 2003.

3-41. (No. 02-02) [Establishment of the Governor's Children and Youth Cabinet.

Expired by its own terms, effective June 30, 2010.

3-42. (No. 08-02) [Interagency Executive Resource Planning Team Established.

Expired by its own terms, effective June 30, 2005

3-43. (No. 09-02) [Establishment of the Governor's Workforce Equity and Diversity Council.

Superseded by Executive Order No. 3-59 (codified as Executive Order No. 10-13), dated December 31, 2013.

History

2003 (Adj. Sess.). The department of personnel, referred to in subdivisions 2a and 2b, was redesignated as the department of human resources, and the commissioner of personnel, referred to in subdivs. 1, 2c and 3, was redesignated as the commissioner of human resources, pursuant to 2003, No. 156 (Adj. Sess.), § 15.

3-44. (No. 03-03) [Governor's Jobs Cabinet.

WHEREAS, Vermont's economy must be able to thrive amid ever-increasing competition on the regional, national, and international levels; and

WHEREAS, Vermont's economy faces competition from larger, more diverse economies; and

WHEREAS, Vermonters are deeply concerned about good paying job opportunities; and

WHEREAS, State government must work aggressively to retain jobs and pursue job creation opportunities consistent with Vermont values; and

WHEREAS, a good job advances self-sufficiency, independence, dignity, opportunity and the quality of life in our State; and

WHEREAS, State government must work in tandem with the private sector to achieve an economic environment conducive to job creation.

NOW THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Governor's Jobs Cabinet:

The Jobs Cabinet shall consist of representatives from State agencies and departments and shall include representatives from outside state government. The State members shall include the Development Cabinet and the Commissioners of the Departments of Labor and Industry, Employment and Training, and Public Service; the Manager of the Vermont Economic Development Authority; the Chancellor of the Vermont State Colleges or his or her designee; and the President of the University of Vermont or his or her designee. There shall be thirteen non-State members appointed by the Governor to serve for terms of three years. The initial appointments of the non-State members shall include four one-year terms, four two-year terms and five three-year terms. The Governor shall appoint the Chair. The Jobs Cabinet may, at its discretion, establish inter-agency work groups to support its mission, drawing membership from any agency or department of state government.

Administrative support to the Cabinet shall be provided by the Agency of Commerce and Community Development. Public members may receive reimbursement of expenses in attending Cabinet meetings and may receive a per diem pursuant to 32 V.S.A. § 1010 . The Jobs Cabinet shall meet at the call of the Chair to carry out the following responsibilities:

1) Work collaboratively to identify and meet the needs of job generators and remove impediments to job growth whenever practicable.

2) Open dialogue and establish strategic partnerships among government and key organizations to achieve the goal of greater job creation. The Jobs Cabinet and individual state agencies may refer specific job development projects that present complex and unique issues or require interagency coordination among state agencies and departments to the Chair. The Chair may establish a working group consisting of the State members for review and development of a plan to coordinate the state agencies involved and resolve interagency conflicts, if any, to insure a coordinated and common sense approach.

3) Maintain an ongoing review of the state's permitting processes and make recommendations that will assist business and housing to grow responsibly within a regulatory scheme that is fair, predictable, expedient, and cost-conscious. The Chair, in his or her sole discretion, may refer any proposed project that will create additional jobs through expansion or location in Vermont to a working group consisting of State members for review. The working group may, to the extent practicable and according to applicable laws, identify those aspects of the project where assistance in coordinating interagency communication, permitting or regulatory processes would assist review of the project in an efficient, reasonable and timely fashion. The Chair, in his or her sole discretion, may refer a job development project to the Jobs Cabinet that has failed or chosen not to expand or locate in Vermont for review and identification of factors, including but not limited to, infrastructure needs, state workforce deficiencies, and regulatory requirements, that contributed to the decision not to expand or locate in Vermont. The working group shall report to the full Jobs Cabinet a summary of the projects it has considered and the factors identified as significant to the decision.

4) Remove barriers to and develop incentives for critical infrastructure investment in the State that is conducive to job creation such as broadband, wireless and power.

5) Facilitate small business advocacy forums in each region of the state to create an inventory of the needs of small business, including but not limited to government assistance.

6) Research programs in other states, particularly competitors in the Northeast, to identify Vermont's opportunities and weaknesses relative to those states, recommend where Vermont should focus its efforts, and develop strategies to improve Vermont's competitive position in those areas.

7) Research and closely monitor national and international business trends to help Vermont's economic development strategy stay ahead of its competitors. Identify emerging markets or potential growth areas such as exporting, technology, biotech, and engineering and design appropriate recruiting strategies for those industry sectors.

8) Proactively seek to retain existing Vermont businesses and encourage job growth by developing networks for marketing and purchasing while creating links to other businesses for service and collaborative action.

9) Create and support a culture of entrepreneurship where new enterprise and innovation, especially within the high-tech industry, require private capital to grow and thrive.

10) Continuously seek ways to capitalize on Vermont's key natural resources such as granite, wood, marble and agriculture with substantial consideration to value added products.

11) Encourage the creation, rehabilitation, and preservation of housing that is affordable to working Vermonters.

12) Encourage the reuse of buildings, manufacturing facilities and other infrastructure in our traditional downtown areas.

13) Assure that the State's efforts, and those of this Jobs Cabinet, to maintain and create new jobs recognize the importance of assuring Vermont's environmental heritage and ethic, and that the quality of our environment will support the goals of the Jobs Cabinet, and that a strengthened economy will benefit the State's ability to protect the environment.

14) Advise the Governor on the effectiveness of this Order on job creation and retention in Vermont.

This Executive Order shall take effect upon execution.

Executive Order 01-00 is hereby revoked and rescinded.

Dated April 11, 2003.

History

Reference in text. The "Department of Labor and Industry" and the "Department of Employment and Training", referred to in this order, were merged with the Department of Labor and is now referenced as the "Department of Labor" by Executive Order No. 21-8, effective July 1, 2005.

3-45. (No. 10-03) [Executive Code of Ethics.

Superseded and replaced by Executive Order No. 09-11 (codified as Executive Order No. 3-53), dated July 21, 2011.

3-46. (No. 06-05) [Rescinding Certain Executive Orders.

WHEREAS, the Governor has the power under 3 V.S.A., chapter 41 to alter the organization of the Executive Branch through use of the Executive Order; and

WHEREAS, the Executive Order has been used over the years for a variety of purposes, including the creation of certain boards, councils and commissions, and the reorganization of the Executive Branch; and

WHEREAS, these orders are of continuous effect unless expressly limited in duration, or revoked, rescinded or superseded; and

WHEREAS, certain executive orders are either no longer useful, no longer effective, or have been superseded by legislative enactment, and yet remain in existence.

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby revoke and rescind the following Executive Orders:

Executive Order #3-1 (formerly 13-69) dated October 17, 1969 (Planning & Community Service Agency);

Executive Order #3-4 (formerly 21-78) dated August 25, 1978 (Transfer of Utility Driver Position from Agency of Human Services to Purchasing Division, Agency of Administration);

Executive Order #3-5 (formerly 32-79) dated July 2, 1979 (Transfer of Clerk B Position from Office of Secretary of State to Division of Public Records, Agency of Administration);

Executive Order #3-10 (formerly 20-86) dated April 10, 1986 (Governor's Commission on Women);

Executive Order #3-11 (formerly 35-87) dated August 6, 1987 (Abolition of Certain Departments and Divisions and Establishment of the Department of General Services and Department of Finance & Management);

Executive Order #3-12 (formerly 36-87) dated January 14, 1987 (Transfer of Certain Positions and Appropriations from Agency of Environmental Conservation, Department of Water Resources to Department of Labor & Industry);

Executive Order #3-13 (formerly 45-87) dated July 7, 1987 (Transfer of Certain Positions, Functions and Appropriations of Certain Agencies and the Central Support Services Revolving Fund to Department of General Services);

Executive Order #3-16 (formerly 1-91) dated January 15, 1991 (Transfer of Duties and Director of Office of Economic Opportunity From Agency of Human Services to Department of Prevention, Assistance, Transition, and Health Access);

Executive Order #3-17 (formerly 2-91) dated January 15, 1991 (Transfer of Duties Relating to Public Drinking Water Program and Positions and Equipment of Division of Environmental Health from Department of Health to Department of Environmental Conservation);

Executive Order #3-22 (formerly 3A-92) dated June 15, 1992 (Recognition, Structure and Powers of Vermont Center for Geographic Information and Transfer of Functions from Geographic Information Services);

Executive Order #3-28 (formerly 11-94) dated October 20, 1994 (Reimbursement for Members of the Governor's Commission on Women);

Executive Order #10-1 (formerly 25-70) dated June 1, 1970 (Environmental Conservation Agency);

Executive Order #10-2 (formerly 26-70) dated July 1, 1970 (Transfer of Functions Relating to Water Pollution, Air Pollution, Radiation Pollution, Waste Disposal and Granting Permits to Environmental Conservation Agency);

Executive Order #10-3 (formerly 29-71) dated January 14, 1971 (Transfer of Tourist Information and Outdoor Advertising Functions to Agency of Development and Community Affairs);

Executive Order #10-4 (formerly 34-71) dated April 15, 1971 (Transfer of Funds to Agency of Development and Community Affairs);

Executive Order #10-5 (formerly 43-71) dated October 6, 1971 (Transfer of Functions Relating to Industrial Hygiene and Ionizing Radiation to Department of Health);

Executive Order #10-6 (formerly 10a-77) dated September 27, 1977 (Transfer of Duties and Functions of Division of Outdoor Advertising);

Executive Order #10-7 (formerly 61-81) dated August 26, 1981 (Transfer of Division of Protection, Agency of Environmental Conservation to Department of Water Resources and Environmental Engineering);

Executive Order #10-11 (formerly 71-89) dated January 13, 1989 (Transfer of Authority to Administer Solid Waste Grant Programs from Secretary of Development and Community Affairs to Secretary of Natural Resources);

Executive Order #10-12 (formerly 84-90) dated January 22, 1990 (Designation of Department of Environmental Conservation and Department of Housing And Community Affairs as Agencies to Administer 10 V.S.A. Chapter 153);

Executive Order #16-1 (formerly 11-93) dated October 14, 1993 (Identification of Vermont Higher Education Council as Postsecondary Review Entity);

Executive Order #16-3 (formerly 13-94) dated November 21, 1994 (Vermont Goals 2000 Commission);

Executive Order #17-1 (formerly 21-86) dated April 17, 1986 (Provision of Nonpartisan Voter Registration Services by State Agencies);

Executive Order #18-5 (formerly 14-91) dated November 26, 1991 (Rabies Task Force);

Executive Order #18-8 (formerly 03-94) dated February 9, 1994 (Drug Policy Cabinet);

Executive Order #19-1 (formerly 12-91) dated November 21, 1991 (Functions of Division of Planning, Agency of Transportation;

Executive Order #19-2 (formerly 04-94) dated April 6, 1994 (Designation of Agency of Transportation as Administrator of the Highway Safety Program);

Executive Order #20-4 (formerly 58-88) dated January 29, 1988 (Veterans' Advisory Council);

Executive Order #21-1 (formerly 36-70) dated September 1, 1970 (Transfer of Funds and Responsibilities for Program of Day Care Services for Children of Working Mothers and Guardians);

Executive Order #21-2 (formerly 55-81) dated January 13, 1981 (Administration of Comprehensive Employment and Training Office);

Executive Order #21-3 (formerly 4-85) dated April 18, 1985 (Wage Rates on Rouse's Point Bridge Project);

Executive Order #21-4 (formerly 02-93) dated January 21, 1993 (Governor's Advisory Council on Workers' Compensation);

Executive Order #21-7 (formerly 06-01) dated September 21, 2001 (Transfer of the Division of Occupational Health from the Department of Health to the Department of Labor and Industry);

Executive Order #23-1 (formerly 20-70) dated April 27, 1970 (Truck Permit Section);

Executive Order #30-1 (formerly 30-76) dated May 12, 1976 (Department of Bus, Rail, Waterways and Motor Carrier Services);

Executive Order #33-1 (formerly 3-73) dated January 12, 1973 (Cash Recipients of Social Services);

Executive Order #33-2 (formerly 2-77) dated January 14, 1977 (Licensing & Regulation Division, Human Services Agency);

Executive Order #33-3 (formerly 19-78) dated June 30, 1978 (Positions Transferred to Agency of Human Services);

Executive Order #33-4 (formerly 28-79) dated March 2, 1979 (Work Incentive Program);

Executive Order #33-5 (formerly 33-79) dated July 2, 1979 (Transfer of Typist C Position from Secretary of State to Division of Vital Statistics, Department of Health, Agency of Human Services);

Executive Order #33-6 (formerly 40-79) dated September 28, 1979 (Transfer of Van, Utility Driver and Mail Clerk A from Agency of Administration, Division of Purchasing, to Agency of Human Services, Central Office);

Executive Order #33-8 (formerly 48-87) dated July 17, 1987 (Vermont Housing Roundtable).

This Executive Order shall take effect upon signing.

Dated September 13, 2005.

History

Reference in text. The "Department of Labor and Industry" referred to in this order are now referenced as the "Department of Labor" pursuant to 2005, No. 103 (Adj. Sess.), § 3, effective April 5, 2006.

3-47. (No. 06-06) [Vermont State Craft Center Overview Commission.

Superseded and replaced by Executive Order 09-09 (codified as Executive Order No. 3-49), dated October 15, 2009.

3-48. (No. 01-09) [Merger of Department of Housing and Community Affairs and Department of Economic Development within the Agency of Commerce and Community Development.

Revoked by Executive Order 01-13 (codified as Executive Order No. 3-56), dated January 11, 2013.

3-49. (No. 09-09) [Vermont State Craft Center Overview Commission.

Superseded and replaced by Executive Order No. 12-12 (codified as Executive Order No. 9-2), dated October 31, 2012.

3-50. (No. 10-09) [Rescinding Certain Executive Orders.

WHEREAS, the Governor has the power under 3 V.S.A., chapter 41 to alter the organization of the Executive Branch through use of the Executive Order; and

WHEREAS, the Executive Order has been used over the years for a variety of purposes, including the creation of certain boards, councils and commissions, and the reorganization of the Executive Branch; and

WHEREAS, these orders are of continuous effect unless expressly limited in duration, or revoked, rescinded or superseded; and

WHEREAS, certain executive orders are either no longer useful, no longer effective, or have been superseded by legislative enactment, and yet remain in existence.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby revoke and rescind the following Executive Orders:

Executive Order 68-88 (codified as #10-10) dated November 17, 1988 (State Agencies Designated as Having Programs Affecting Land Use or Exempted from Compliance with all Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Planning Implementation Committee);

Executive Order 70-89 (codified as #3-15) dated January 13, 1989 (Abolition of Office on Aging and Transfer of Functions of Certain Divisions to and Establishment of Department of Rehabilitation and Aging);

Executive Order 97-90 (codified as #22-3) dated November 22, 1990 (Governor's Advisory Commission on Native American Affairs);

Executive Order 99-90 (codified as #10-14) dated December 31, 1990 (Approval of Interim State Agency Land Use Plans);

Executive Order 13-91 (codified as #10-16) dated November 21, 1991 (State Agencies Designated as Having Programs Affecting Land Use in Compliance with Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Implementation Committee);

Executive Order 01-99 (codified as #21-6) dated February 1, 1999 (Vermont State Workforce Investment Board);

Executive Order 12-03 (codified as #5-5) dated August 5, 2003 (Vermont Transportation Operations Council);

Executive Order 17A-03 (codified as #13-3) dated November 17, 2003 (Governor's Commission on Corrections Overcrowding);

Executive Order 02-04 (codified as #10-31) dated April 8, 2004 (Vermont Clean State Program);

Executive Order 04-06 (codified as #15-8) dated June 29, 2006 (Creation of the Vermont Council on Domestic Violence);

Executive Order 08-06 (codified as #30-9) dated November 4, 2006 (Statewide Telecommunications Advancement);

Executive Order 01-07 (codified as #13-4) dated February 9, 2007 (Vermont Victim/Survivor Crime Council).

This Executive Order shall take effect upon signing.

Dated December 23, 2009

3-51. (No. 01-10) [Transfer of Certain Personnel Positions Within State Government to the Department of Human Resources.

WHEREAS, the Governor, pursuant to 3 V.S.A. § 2001 , may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, it is desirable to reorganize the departments and divisions of government by better coordinating certain activities and improve the coordination and effectiveness of services to the public; and

WHEREAS, the Governor, pursuant to 3 V.S.A. § 209 , may transfer, temporarily or permanently, subordinates of any one department to another, as the needs of the State require and shall "provide for and require a practical working system to insure efficiency and mutual helpfulness among the departments" of State government; and

WHEREAS, the Department of Human Resources is required to provide for centralized human resources management, 3 V.S.A. § 2283(a) , and to administer the State of Vermont's workforce, including personnel administration, labor relations, workforce training, and benefits, 3 V.S.A. § 309 et seq.; and

WHEREAS, presently, personnel functions are performed by employees within state agencies and departments who are not subject to the authority of the Department of Human Resources; and

WHEREAS, the State could improve and enhance its ability to provide services to the public through the transfer of all personnel functions and associated positions within agencies and departments to the Department of Human Resources.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me by 3 V.S.A., chapter 41 as Governor, do hereby:

  1. Transfer, effective July 1, 2010, the following positions and incumbents from the Agencies and Departments designated below to the Department of Human Resources:

    Position # Position Title and Agency/Department

    Administration

    040518 AoA Human Resource Director

    040519 Personnel Administrator D

    040520 Personnel Administrator D

    Human Services

    720005 Human Services Personnel Chief

    720020 Personnel Administrator D

    720016 HR Coordinator

    720009 Personnel Administrator D

    720018 HR Coordinator

    720026 AHS Personnel Assistant

    720017 Corrections Human Resources Administrator

    720107 AHS Personnel Assistant

    720019 Personnel Administrator B

    720023 AHS Personnel Assistant

    620004 VVH Human Resources Administrator

    620179 Personnel Administrator A

    720057 AHS Investigation Chief

    720056 AHS Investigator

    720055 AHS Investigator

    Natural Resources

    630071 Agency Human Resources Chief

    630017 Human Resources Technician

    630016 Personnel Administrator C

    Transportation

    860549 AOT Human Resources Chief

    860304 AOT Human Resources Manager

    860461 Personnel Administrator C

    860003 Personnel Administrator D

    860685 Personnel Administrator C

    860285 Human Resources Administrator

    861702 AOT Human Resources Spec III

    861263 Personnel Administrator B

    860935 Personnel Administrator D

    860118 Personnel Administrator D

    860275 AOT Investigator

    BISHCA

    290089 Personnel Administrator C

    Education

    770187 Education Human Resource Administrator

    Labor

    820429 VT DOL Human Resource Admin

    820464 Personnel Administrator C

    820087 Administrative Assistant B

    Military

    320105 Personnel Administrator D

    Public Safety

    330121 Pub Safety Human Resources Manager

    330310 Personnel Administrator C

    Liquor Control

    310002 Personnel Administrator B

    Lottery

    800012 Personnel Administrator A

  2. Transfer, effective July 1, 2010, any and all appropriations associated with the above listed positions from the affected Agencies and Departments to the Department of Human Resources.
  3. Transfer, effective July 1, 2010, the functions, equipment, supplies and inventory associated with the above listed positions from the affected Agencies and Departments to the Department of Human Resources.
  4. Direct the Commissioner of the Department of Human Resources to define the position duties and take appropriate classification actions prior to the effective date of the transfer.  The Commissioner shall also take, with the assistance of the Agency Secretaries and Department Commissioners affected by the transfer, any and all necessary actions to organize, plan and effect an orderly transfer and transition.

    This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002(b) and shall take effect on April 16, 2010, unless disapproved by resolution of the General Assembly.

    Dated January 14, 2010.

3-52. (No. 04-10) [Interagency Committee on Administrative Rules.

WHEREAS, Section 820 of Title 3 of Vermont Statutes Annotated created an Interagency Committee on Administrative Rules (ICAR); and

WHEREAS, members of ICAR shall be appointed by the Governor from the executive branch of state government and serve at his pleasure; and

WHEREAS, the functions and duties of ICAR are those established by law and include "review of existing and proposed rules of agencies designated by the Governor for style, consistency with the law, legislative intent and the policies of the Governor;" and

WHEREAS, the functions and duties of ICAR may also include duties and responsibilities directed by the Governor; and

WHEREAS, Section 49 of Act 149 of 2002 (Adj. Sess.) amended the laws pertaining to rule-making to require that all rules be pre-filed with ICAR; and

WHEREAS, these amendments to law necessitate the updating of the current executive orders relating to ICAR.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont do hereby order the following with respect to the functions and duties of the Interagency Committee on Administrative Rules and the responsibilities of state agencies and departments who initiate rulemaking:

  1. No state agency or department shall initiate rulemaking under chapter 25 of  Title 3 (the Administrative Procedures Act) without first pre-filing the rule with ICAR.
  2. Prior to adopting emergency rules in accordance with 3 V.S.A. § 844 , agencies and departments of state government shall submit the emergency rules to the Chair of ICAR for a determination of appropriateness by the Chair.
  3. The Secretary of Administration or his or her designee shall serve as Chair of ICAR. Members of ICAR shall be appointed by the Governor from the executive branch and shall serve at his or her pleasure.

    This Executive Order supersedes and replaces Executive Orders No. 14-78 (codified as E.O. 3-3), dated April 7, 1978 and No. 56-88 (codified as E.O. 3-14), dated January 8, 1988.

    This order shall take effect on July 1, 2010.

    Dated July 2, 2010.

3-53. (No. 09-11) [Executive Code of Ethics.

Superseded and replaced by Executive Order No. 3-84 (codified as Executive Order No. 19-17), dated December 4, 2017.

3-54. (No. 01-12) Addendum to Executive Order No. 02-09 [Renaming Vermont Commission on National and Community Service.

The Vermont Commission on National and Community Service, originally established by Executive Order No. 09-98, and presently governed by Executive Order No. 02-09, is hereby renamed SerVermont.

This Order shall amend Executive Order 02-09 (codified as No. 33-18), and shall take effect upon signing.

Dated January 17, 2012.

3-55. (No. 04-12) [Protection of Vermont State Hospital Employees Subject to a Reduction in Force Due to Tropical Storm Irene.

WHEREAS, the Department of Human Resources has provided official notice to the Vermont State Employees Association ("VSEA") and affected employees that 80 state employees who worked at the Vermont State Hospital ("VSH") in Waterbury will be separated from state service effective April 13, 2012;

WHEREAS, the Secretary of Administration and the Department of Human Resources have worked with the VSEA over the last few months to mitigate the impact of the reduction in force; and

WHEREAS, The Governor, the House, and the Senate have all worked diligently to support and protect these employees and will work to provide as many opportunities for state employment as is mutually possible.

NOW THEREFORE BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish and order as follows:

  1. Mitigation of the impact of the reduction in force to affected employees.
    1. The Job Offer Program:  The Department of Human Resources and VSEA negotiated a pre-RIF jobs program that permits Vermont State Hospital employees to receive mandatory offers of employment to other positions in the Agency of Human Services prior to any actual reduction in force (the Job Offer Program). As part of the Job Offer Program, the Department of Human Resources hosted several informational meetings and a day-long event where employees could meet with recruitment counselors to get additional information about the program and the potential jobs available.  (To date, 41 employees elected to participate in the program and 11 found new employment in the Agency of Human Services.)
    2. Reemployment Rights, Benefits, and Trainings for Vermont State Hospital Employees Subject to the Reduction in Force:
    3. Mandatory Job Offers to Employees Who Continue to Work for State Government:  The Department of Human Resources also worked with the VSEA to address the rights that Vermont State Hospital employees may have for reemployment at any successor State Hospital. The Department and VSEA negotiated language that is included in H.630 to give any VSH employee subject to the RIF, but later rehired by state government, the opportunity to return to their prior job when the new state hospital opens, subject to seniority and other contract rights and obligations.
    4. Mandatory Job Offers to Employees Who Leave State Government and Wish to Return:  In addition, for displaced employees who take jobs outside state government, the proposed language extends reemployment rights under the collective bargaining agreements until one year after the opening of the successor facility.  In this way, VSH employees who are no longer employed by state government will have reemployment possibilities at any successor hospital.
    5. Posting of Job Openings:  The Department of Human Resources shall post all open positions that involve providing care to individuals with mental health conditions that are provided to the Department by participating hospitals developing inpatient, secure residential, and intensive residential recovery services.
  2. Effective Date.

    This Order shall take effect upon signing.

    Dated February 29, 2012.

  1. The Department of Human Resources will hold a number of meetings at which information concerning reemployment rights, retirement options, benefits continuation, the employees' assistance program, unemployment insurance and job training opportunities will be addressed.  The Department of Human Resources will hold job fair meetings for impacted employees to provide information about existing job openings and assist employees with applying for these jobs.
  2. The Vermont Department of Labor will assist the Department of Human Resources by identifying available federal and state training funds and grant opportunities to assist with skill assessment, job retraining, job development, on-the-job and apprenticeship programs, and other reemployment assistance to the affected employees.
  3. The Departments of Human Resources and Labor will coordinate to hold job fair meetings for impacted employees to provide information about existing job openings and assist employees with applying for those jobs.
  4. The Administration is committed to working diligently with the VSEA to place VSH employees subject to the RIF in jobs within state government in accordance with the terms of the applicable collective bargaining agreements.

3-56. (No. 01-13) [Revocation of Executive Order 3-48 and Renaming the Department of Housing and Community Affairs the Department of Housing and Community Development.

WHEREAS, the Governor, pursuant to 3 V.S.A. § 2001 , may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, via Executive Order 3-48 (No. 1-09), Governor James H. Douglas, with the approval of the General Assembly pursuant to 3 V.S.A. § 2002 , merged the Department of Housing and Community Affairs with the Department of Economic Development within the Agency of Commerce and Community Development; and

WHEREAS, the merger of these two departments with the Agency of Commerce and Community Development is no longer deemed to be in the best interest of the State;

NOW THEREFORE, I, Peter Shumlin, by the power vested in me as Governor, do revoke Executive Order 3-48 and rename the Department of Housing and Community Affairs the Department of Housing and Community Development.

This Executive Order shall take effect on April 12, 2013, or before final adjournment of the annual session, whichever comes first, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002 . This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 (b) .

Dated January 11, 2013.

3-57. (No. 02-13) [Transfer of Certain Technology Positions to the Department of Information and Innovation.

WHEREAS, the Governor, pursuant to 3 V.S.A. § 209 and 3 V.S.A. § 2001 , may make changes in the organization of the executive branch as he considers necessary for efficient administration; and

WHEREAS, the State could improve and enhance its ability to provide services to the public through the transfer of certain technology support positions from the Agency of Human Services (AHS) to the Department of Information and Innovation (DII);

NOW THEREFORE, I, Peter Shumlin, by the power vested in me as Governor, do hereby:

  1. Transfer, effective July 1, 2013, the following positions and incumbents from AHS to DII:
  2. Transfer, effective July 1, 2013, the functions, equipment, supplies and inventory associated with the above listed positions from AHS to DII.  Any and all appropriations will remain with AHS, as DII will charge AHS for services consumed.
  3. Direct the Commissioner of DII to define the position duties and take appropriate classification actions through the Department of Human Resources prior to the effective date of the transfer. The Commissioner shall also take, with the assistance of the Agency Secretaries and Department Commissioners affected by the transfer, any and all necessary actions to organize, plan and affect an orderly transfer and transition.

    This Executive Order shall take effect on April 12, 2013, or before final adjournment of the annual session, whichever comes first, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002 . This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 (b) .

    Dated January 11, 2013.

Position No. HR Title 1 720084 IT Specialist I 2 720086 IT Sys Admin 3 720085 IT Specialist III 4 720003 Help Desk Sp II 5 720065 Network Admin II 6 720150 IT Security 7 720130 AHS Security Director 8 720083 IT Specialist II 9 720106 IT Specialist II 10 720098 Agency IT Procurement Services Specialist 11 720105 IT Specialist II 12 720059 Network Admin III 13 720087 Network Admin III 14 720090 IT Specialist II 15 750516 IT Specialist III 16 720104 Help Desk Sp II 17 720089 IT Specialist I 18 720093 IT Specialist II 19 720102 Network Admin II 20 720096 IT Specialist II 21 720082 IT Manager I 22 720100 IT Sys Admin 23 720103 IT Specialist II 24 720094 Network Admin II 25 720092 IT Sys Admin 26 720095 Network Admin II

3-58. (No. 03-13) [Governor's Business Advisory Council on Health Care Financing.

Expired by its own terms, effective July 15, 2015.

3-59. (No. 10-13) [Governor's Workforce Equity and Diversity Council and Development of an Equal Employment Opportunity Program.

WHEREAS, the State of Vermont is an employer committed to the practice of equal opportunity in all aspects of employment in state government, and

WHEREAS, the State of Vermont is committed to promoting equal employment opportunities by identifying obstacles to employment and career advancement, and endeavoring to remove those obstacles without regard to race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, physical or mental condition, or HIV status, and

WHEREAS, the Department of Human Resources is developing a statewide Workforce Planning process that will reflect the benefits of diversity and promote a talented and skilled workforce.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby re-establish and re-constitute the "Governor's Workforce Equity and Diversity Council" and order as follows.

  1. Composition, Appointments, and Process.

    The Council shall have up to fifteen members, including:

    - The Commissioner of Human Resources or designee,

    - The Commissioner of Labor or designee,

    - The Commissioner of the Department of Disabilities, Aging and Independent Living or designee,

    - A representative from the Vermont State Employees' Association,

    - A representative of the Attorney General's Office,

    - A representative of the Vermont Commission on Women,

    - Up to seven members of the public belonging to historically under-represented or disadvantaged groups, or working for organizations that advocate for such groups or promote the practices of equal opportunity, appointed by the Governor,

    - Up to two at large members appointed by the Governor.

    Each year the Council shall elect at least one member, but no more than two members, to serve as chair or co-chairs of the Council.

    The term of office for Council members shall be two years, with members serving at the pleasure of the Governor. Members may be reappointed to subsequent two year terms.

    The Council shall be attached to the Department of Human Resources for administrative support. To the extent funds permit, members of the Council who are not state employees shall receive a per diem pursuant to 32 V.S.A. § 1010(e) .

  2. Charge.

    The Council's duties include but are not limited to the following:

    1. Consult with and advise the Commissioner of Human Resources and the Secretary of Administration regarding development, implementation, and the maintenance of the state's Equal Employment Opportunity and Diversity Program(s), and shall report on the integration of diversity issues with statewide planning and development efforts;
    2. Meet on a regular basis to ensure ongoing coordination of efforts, monitoring of activities against goals and objectives, and compliance with applicable federal and state laws, mandates, and union contracts, and
    3. The Council may establish ad hoc subcommittees and appoint advisors as needed to address specific issues that may arise.

      In addition, the Commissioner of Human Resources, with the assistance of the Council, shall:

      A. With the approval of the Secretary of Administration, develop, implement, and monitor an Equal Employment Opportunity Program for the State of Vermont that addresses statewide diversity issues and provides support to each state agency or department in developing and implementing individual diversity programs tailored to agency/department needs, and

      B. Work with agencies and departments in the preparation, monitoring, and enforcement of agency or department-specific equal employment opportunity and diversity programs, and

      C. Work with human resources administrators and labor relations specialists to make available appropriate training and provide support for all agencies and departments, and

    4. Ensure that equal opportunity and diversity is an integral part of workforce planning and development throughout the Executive Branch.
    5. Submit an annual report to the Governor regarding the progress of the current year's Equal Employment Opportunity Plan and diversity initiatives by January 15th, and
    6. Submit the state's Equal Employment Opportunity Plan for the next fiscal year by April 30th for approval by the Governor.
  3. Effective Date.

    This Executive Order shall take effect upon signing, shall supersede Executive Order 09-02, and shall continue in full force and effect until further order by the Governor.

    Dated December 31, 2013.

3-60. (No. 01-14) [Governor's Consumer Advisory Council on Health Care Reform.

Expired by its own terms, effective July 15, 2015.

3-61. (No. 02-14) [Governor's Criminal Justice and Substance Abuse Cabinet.

Superseded and replaced by Executive Order No. 3-77 (codified as Executive Order No. 03-77), dated January 5, 2017.

3-62. (No. 03-14) [Governor's Law Enforcement Officer Coordinating Council.

WHEREAS, state, county, and local police agencies play a unique role in protecting and supporting their communities;

WHEREAS, law enforcement officers are increasingly first-responders on a variety of complex social issues, from substance abuse to mental illness to family violence; and

WHEREAS, sharing of information and policy recommendations among state, county, and local police agencies and the Governor's Administration is beneficial to the collective goal of improving public safety for all Vermonters.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish a Governor's Law Enforcement Officer Coordinating Council as follows:

  1. Composition and Process.

    The Council shall consist of the President of the Sheriff's Association or designee, the President of the Police Chiefs Association or designee, the President of the Police Association or designee, the Commissioner of Public Safety or designee, and the Governor's Counsel. The Council shall be chaired by the Governor's Counsel and shall meet no less than quarterly at the call of the Chair.

  2. Effective Date.

    This Order shall take effect upon signing and shall expire on July 15, 2019.

    Dated June 17, 2014

3-63. (No. 04-14) [VtSHARES Coordinating Committee.

WHEREAS, for many years Vermont state employees have joined with other citizens in support of voluntary charitable services;

WHEREAS, state employees share feelings of civic responsibility and deserve the same opportunity as their neighbors employed in the private sector or by the federal government to discharge that responsibility efficiently and with the knowledge that their charitable contributions will be used accountably and in a way that will provide maximum benefits; and

WHEREAS, organized charitable campaigns are permitted under 29 V.S.A. § 5 .

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby re-establish and re-constitute the "State Employee Combined Charitable Appeal Committee" as the VtSHARES Coordinating Committee and order as follows:

  1. Composition, Appointments, and Process.

    The VtSHARES Coordinating Committee shall consist of the Secretary of Administration and at least four other persons appointed by the Governor who will serve at the pleasure of the Governor. The Governor may delegate his appointment authority under this Order to the Secretary of Administration.

    The Committee shall be chaired by the Secretary of Administration or his or her designee. The Committee shall meet at the call of the Chair and may designate additional committees as necessary to administer the VtSHARES campaign.

    The Agency of Administration shall provide administrative support to the Committee.

  2. Charge.

    The Committee shall review and, if approved by the Governor, make arrangements for the VtSHARES campaign and other such organized charitable campaigns as the Committee deems appropriate to solicit funds from state employees at their places of employment or duty stations. In making these arrangements, the Committee shall consult with appropriate interested persons, organizations, state agencies and departments.

    Upon authorization of an organized charitable campaign by the Committee, the Committee shall recommend appropriate action or authorization of the campaign by the Governor pursuant to 29 V.S.A. § 5 .

  3. Effective Date.

    This Executive Order shall take effect upon signing.

    Dated October 7, 2014

3-64. (No. 05-14) [Accessibility of Buildings Used for Public Meetings to People with Disabilities.

WHEREAS, section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act provide that programs and buildings financed in part or in whole by a grant or loan from the federal government must be accessible to people with disabilities;

WHEREAS, since 1981, Vermont law regarding public buildings has required that a person shall not construct or permit construction of a public building unless the specifications equal those of the American National Standards Institute and current Americans with Disabilities Act Accessibility Guidelines related to making buildings and facilities accessible to and usable by people with physical disabilities;

WHEREAS, an estimated 92,000 Vermonters have disabling conditions that are significantly restrictive and can be exclusive unless reasonable accommodations are made;

WHEREAS, all Vermonters with disabilities should have access to and use of buildings and facilities where the functions of State Government are conducted; and

WHEREAS, it is the policy of the State of Vermont to conduct all state business in barrier-free facilities.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont do hereby direct that all meetings that are open to the public where Vermont State Government business is conducted shall be held in buildings or facilities accessible to and usable by people with disabilities.

This Order shall take effect upon signing and supersedes and replaces Executive Order 28-86 (codified as No. 29-14).

Dated October 21, 2014

3-65. (No. 07-14) [Transfer of Certain Medicaid Policy Positions to the Agency of Human Services Central Office.

WHEREAS, the Governor, pursuant to 3 V.S.A. § 209 and § 2001, may make changes in the organization of the executive branch as he considers necessary for efficient administration; and

WHEREAS, the State can improve and enhance services to Vermonters by transferring Medicaid Policy personnel from the Department of Vermont Health Access (DVHA) to the Agency of Human Services Central Office (AHS CO).

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by the power vested in me as Governor, do hereby:

  1. Transfer the following positions, incumbents, and associated functions, equipment, supplies and inventory, from DVHA to AHS CO:
  2. Direct the Secretary of AHS to define position duties and take appropriate classification actions through the Department of Human Resources. The Secretary, with the assistance of his Commissioners, shall organize, plan, and affect an orderly transfer and transition.

    This Order shall take effect on April 7, 2015, or before final adjournment of the annual session, whichever comes first, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002 . This Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 (b) .

    Dated December 19, 2014

Position No. HR Title 1 730010 DVHA Policy Director 2 730015 Health Access Policy and Planning Chief 3 730101 Health Programs Administration 4 730022 Health Programs Administrator 5 730062 Health Programs Administrator 6 730285 Health Programs Administrator 7 730104 DVHA Program Consultant

3-66. (No. 01-15) [Revocation of Certain Executive Orders.

WHEREAS, Governors have created various executive orders over the years, some of which have become obsolete by the passage of time or by other provisions of law; and

WHEREAS, Governors have periodically sought to update existing executive orders, including by revoking and rescinding orders that no longer serve the purpose for which they were enacted;

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby revoke and rescind the Executive Orders listed below:

  1. Orders Revoked.

    Chapter 3: Executive

    Executive Order No. 01-94 (codified as No. 3-26) dated January 12, 1994 (Abolition of Department of Taxes and Creation of Department of Revenue);

    Chapter 10: Conservation and Development

    Executive Order No. 24-86 (codified as No. 10-8) dated June 11, 1986 (Program for Recycling of Waste Products and Revision of State Solid Waste Management Plan);

    Chapter 15: Domestic Relations

    Executive Order No. 16-11 (codified as No. 15-10) dated November 17, 2011 (Governor's Prevention of Domestic and Sexual Violence Task Force);

    Chapter 18: Health

    Executive Order No. 12-11 (codified as No. 18-21) dated September 20, 2011 (Designation of Vermont State Hospital at Springfield, Vermont);

    Chapter 20: Internal Security and Public Safety

    Executive Order No. 12-85 (codified as No. 20-2) dated July 15, 1985 (Activation of Vermont National Guard for Assistance of Civilian Authorities in City of Barre);

    Executive Order No. 51-87 (codified as No. 20-3) [undated] (Order Into Service of Vermont National Guardsmen for Assistance to Civilians and Authorities of State and Bennington County);

    Executive Order No. 77-89 (codified as No. 20-5) dated August 8, 1989 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Washington County);

    Executive Order No. 6-91 (codified as No. 20-7) dated May 1, 1991 (Utilization of National Guard to Carry Out Vermont's Drug Enforcement Support Plan);

    Executive Order No. 3-95 (codified as No. 20-8) dated July 29, 1995 (Activation of National Guard to Assist Vermont State Police and the City of Burlington);

    Executive Order No. 4-95 (codified as No. 20-9) dated August 8, 1995 (Declaration of State of Emergency for Caledonia, Chittenden, Essex, Lamoille, Orleans and Washington Counties);

    Executive Order No. 5-95 (codified as No. 20-10) dated August 8, 1995 (Activation of National Guard to Assist State and Local Officials in Stabilizing Conditions Resulting From Flooding);

    Executive Order No. 8-96 (codified as No. 20-11) dated January 24, 1996 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for State of Vermont);

    Executive Order No. 11-96 (codified as No. 20-12) dated June 14, 1996 (Declaration of State of Emergency for Windham and Windsor Counties);

    Executive Order No. 12-96 (codified as 20-13) dated June 14, 1996 (Activation of National Guard to Assist in Flood Recovery Operations in Windham County);

    Executive Order No. 1-97 (codified as No. 20-14) dated July 15, 1997 (Declaration of State of Emergency for Franklin, Lamoille, and Orleans Counties);

    Executive Order No. 2-97 (codified as No. 20-15) dated July 15, 1997 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Franklin, Lamoille, and Orleans Counties);

    Executive Order No. 1-98 (codified as 20-16) dated January 8, 1998 (Declaration of State of Emergency for Grand Isle County);

    Executive Order No. 2-98 (codified as No. 20-17) dated January 8, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Grand Isle County);

    Executive Order No. 3-98 (codified as No. 20-18) dated January 9. 1998 (Declaration of State of Emergency for Chittenden, Franklin, and Addison Counties);

    Executive Order No. 4-98 (codified as No. 20-19) dated January 9, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Chittenden, Franklin, and Addison Counties);

    Executive Order No. 6-98 (codified as No. 20-20) dated June 28, 1998 (Declaration of State of Emergency for Addison, Orange, Washington, and Windsor Counties);

    Executive Order No. 7-98 (codified as No. 20-21) dated June 28, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Addison, Orange, Washington, and Windsor Counties);

    Executive Order No. 8-99 (codified as No. 20-22) dated July 8, 1999 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Town of Springfield);

    Executive Order No. 9-99 (codified as No. 20-23) dated July 8, 1999 (Activation of National Guard to Assist in Recovery Operations and Security in Town of Springfield);

    Executive Order No. 5-00 (codified as No. 20-25) dated July 17, 2000 (Declaration of State of Emergency and Activation of Emergency-Disaster Preparedness Plan for Addison, Bennington, Windham and Windsor Counties);

    Executive Order No. 5-02 (codified as No. 20-28) dated June 12, 2002 (Declaration of State of Emergency for the County of Caledonia);

    Executive Order No. 5-05 (codified as No. 20-32) dated September 2, 2005 (Activation of National Guard to Assist in Hurricane Recovery Operations and Security in the State of Louisiana);

    Executive Order No. 4-07 (codified as No. 20-34) dated April 17, 2007 (Declaration of State of Emergency and Activation of Emergency Operations Plan for State of Vermont), and addendum dated April 24, 2007;

    Executive Order No. 5-08 (codified as No. 20-37) dated December 15, 2008 (Declaration of State of Emergency and Activation of Emergency Operations Plan for Bennington, Orange, Windham, and Windsor Counties), and addendum dated December 22, 2008;

    Chapter 30: Public Service

    Executive Order No. 56-81 (codified as No. 30-2) dated January 13, 1981 (Transfer of Energy Office From Agency of Administration to Department of Public Service);

    Executive Order No. 9-94 (codified as No. 30-3) dated May 20, 1994 (Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line);

    Executive Order No. 9-95 (codified as No. 30-4) dated December 28, 1995 (Extension of Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line);

    Executive Order No. 10-12 (codified as No. 30-10) dated October 2, 2012 (Governor's Energy Generation Siting Policy Commission);

    Chapter 32: Taxation and Finance

    Executive Order No. 32-86 (codified as No. 32-1) dated November 6, 1986 (Allocation of 1986 State Ceiling on Tax Exempt Private Activity Bonds);

    Executive Order No. 38-87 (codified as No. 32-2) dated January 30, 1987 (Interim Allocations of 1987 State Ceiling on Tax Exempt Private Activity Bonds);

    Executive Order No. 55-87 (codified as No. 32-5) dated December 29, 1987 (Allocation of 1987 State Ceiling on Tax Exempt Private Activity Bonds);

    Executive Order No. 14-11 (codified as No. 32-9) dated November 2, 2011 (Private Activity Bond Advisory Committee), superseded by 32 V.S.A. § 994 .

  2. Effective Date.

    This Executive Order shall take effect upon signing.

    Dated February 13, 2015

3-67. (No. 03-15) [Ban the Box Hiring Policy.

WHEREAS, Vermonters with criminal records suffer from discrimination in many areas of life, including employment opportunities;

WHEREAS, state government is committed to modeling fair hiring practices for all Vermont employers;

WHEREAS, too many Vermonters with criminal records are unable to successfully re-enter their communities due to lack of employment and self-sufficiency;

WHEREAS, Vermonters with criminal records represent a workforce with skills to contribute and a desire to add value to their communities;

WHEREAS, studies indicate that stable employment is one of the best predictors of post-conviction success;

WHEREAS, employment of those with criminal records promotes public safety and cost-containment by significantly reducing the risk of recidivism and incarceration;

WHEREAS, a "ban the box" hiring policy increases the opportunity of applicants with criminal records to explain their circumstances while preserving employers' ability to ultimately conduct a criminal background check as part of the hiring process;

WHEREAS, such a policy removes questions related to a job applicant's criminal record in the initial stage of many employment applications, thereby preventing the conviction from serving as an immediate reason for screening out an applicant when the conviction may have little or no bearing on the work to be performed;

WHEREAS, states across the country have adopted hiring practices to remove unfair barriers to employment of people with criminal records; and

WHEREAS, the U.S. Equal Employment Opportunity Commission, to maximize compliance with federal anti-discrimination law, recommends delaying inquiry of a job applicant's conviction history and considering the job-relatedness of the conviction.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as the Governor of the State of Vermont, do hereby order and direct that the Department of Human Resources create and implement a "ban the box" hiring policy that encourages job applications from all motivated, hardworking, and otherwise qualified people, regardless of a person's criminal record. Such a policy shall provide qualified applicants the opportunity to explain a criminal record when applying for state positions, but shall not affect positions for which a criminal conviction makes a candidate ineligible regardless of the circumstances.

This Executive Order shall take effect upon signing.

Dated April 21, 2015

3-68. (No. 06-15) [Transfer of Certain Land and Permanent Easements in the Town of Killington from ANR to VTRANS.

WHEREAS, the Agency of Transportation ("VTRANS") needs to construct Transportation Project Killington ER 022-1(27), which involves the replacement of Bridge #118 carrying a state highway known as Vermont Route 100 over Kent Brook, and which affects land under the jurisdiction of the Agency of Natural Resources, Department of Fish and Wildlife, and Department of Forest, Parks, and Recreation ("ANR"); and

WHEREAS, VTRANS and ANR desire to complete the transfer of the necessary land and/or rights and easements from ANR to VTRANS.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to VTRANS jurisdiction and control of land and permanent easements of ANR's described below:

  1. Parcel One:

    Being part of the same land and premises conveyed to the State of Vermont by the following instruments:

    1. Warranty Deed of Susan Stodghill to the State of Vermont, dated July 20, 1991, and recorded in Book 124, Pages 149-151; and
    2. Guardian's Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated February 8, 1958, and recorded in Book 20, Pages 470-471;

      all of the Town of Killington Land Records and being more particularly described as follows:

      Being Parcel #1, consisting of 271 square feet, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Killington ER 022-1(27) ("the Transportation Project") as filed on the 20th day of May, 2015, in the office of the Clerk of the Town of Killington.

      In connection with the above parcel the following easements and/or rights are conveyed:

      A temporary easement during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions in an area of 597 square feet, more or less, left of and between approximate stations 103+00.00 and 103+28.60 of the established centerline of the Transportation Project.

      A permanent easement to construct and maintain the channel of a certain stream of water, known as the Kent Brook, now running on land of the grantor, including the right to install and maintain stone fill, as well as a temporary easement during the period of construction to enter upon land of the grantor to install erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans, in an area of 507 square feet, more or less, and located left of and between approximate stations 103+00.00 and 103+28.49 of the established centerline of the Transportation Project.

  2. Parcel Two:

    Being part of the same land and premises conveyed to the State of Vermont by the following instruments:

    1. Guardian's Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated January 27, 1959, and recorded at Book 21, Pages 46-47;  and
    2. Guardian's Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated February 8, 1958, and recorded at Book 20, Pages 470-471.

      all of the Town of Killington Land Records and being more particularly described as follows:

      Being Parcels #2A-B, consisting of 2,055 square feet, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Killington ER 022-1(27) ("the Transportation Project"), as filed on the 20th day of May, 2015, in the office of the Clerk of the Town of Killington.

      In connection with the above parcel the following easements and/or rights are conveyed:

      Temporary easements during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions: in an area of 925 square feet, more or less, left of and between approximate stations 103+52 and 104+10; in an area of 832 square feet, more or less, right of and between approximate stations 102+44 and 103+00; and in an area of 686 square feet, more or less, right of and between approximate stations 103+52 and 104+10; all stations are of the established centerline of the Transportation Project.

      This Order shall take effect upon signing.

      Dated September 16, 2015

3-69. (No. 07-15) [Health in All Policies Task Force.

WHEREAS, the health and well-being of all Vermonters is critical for a prosperous and sustainable state;

WHEREAS, integrating consideration of health impacts into a variety of state policies, including those related to air and water quality, natural resources and agricultural land, housing, infrastructure, public health, sustainable communities, and climate change can benefit Vermonters' quality of life and economic prosperity;

WHEREAS, such policies influence the adoption of healthy lifestyles by making it more or less difficult for individuals to choose behaviors that promote or diminish health;

WHEREAS, largely avoidable chronic illnesses are a growing burden for the State and its people, and negatively affect Vermonters' productivity, quality of life, life expectancy, and health care costs;

WHEREAS, health is an outcome of a wide range of factors, many of which lie outside the activities of the health sector and require a shared responsibility and an integrated and sustained policy response across government; and

WHEREAS, to improve health outcomes now and in the future, agencies should collaborate with each other to ensure that health is considered when policies are developed.

NOW, THEREFORE, BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Health in All Policies (HiAP) Task Force.

  1. Composition and Charge.

    The Health in All Policies (HiAP) Task Force will identify strategies to more fully integrate health considerations into all state programs and policies, and promote better health outcomes through interagency collaboration and partnership.

    The Task Force shall be Chaired by the Commissioner of Health and staffed by the Department of Health (DOH), and shall work with representatives from the following agencies and departments:

    1. Agency of Administration
    2. Agency of Agriculture
    3. Agency of Commerce and Community Development
    4. Agency of Education
    5. Agency of Human Services
    6. Agency of Natural Resources
    7. Agency of Transportation
    8. Public Service Department
    9. Department of Health

      In addition, the Task Force may seek members from any other entity identified by the Task Force, including but not limited to the Public Service Board, the Natural Resources Board, the Vermont Housing and Conservation Board, and the Vermont Housing Finance Board.

      The Task Force shall meet at the call of the Chair.

      By January 15, 2016, and thereafter annually, the Task Force will report to the Governor on:

      1. Potential opportunities to include health criteria in regulatory, programmatic and budgetary decisions;

      2. Promising practices in other jurisdictions to identify opportunities for innovation and coordination across sectors that include consideration of potential positive and negative health impacts of decisions; and

      3. Evidence-based actions and policies to improve the wellness of state employees across state government, including healthy food procurement policies.

      In consultation with the Task Force, DOH shall develop guidance, criteria and analytic tools to support all branches of government in assessing potential positive or negative health impacts when proposing new agency rules, budgetary changes, or major programmatic shifts.

      Members of the HiAP Task Force will regularly report internally on their progress in embedding health impacts in their rulemaking, policies and programs. The Task Force may establish sub-committees and internal policies as necessary and appropriate to carry out its work.

  2. Effective Date.

    This Executive Order shall take effect upon signing.

    Dated October 6, 2015

3-70. (No. 08-15) [Transfer of Property in Windsor from BGS to DFW.

Superseded and replaced by Executive Order No. 3-80 (codified as Executive Order No. 08-17), dated March 13, 2017.

3-71. (No. 01-16) [Transfer of Certain Easements in the Town of Middlesex from BGS to VTrans.

WHEREAS, the Agency of Transportation ("VTrans") needs to construct Transportation Project Middlesex IM 089-2(41) ("the Transportation Project"), which involves the replacement of Bridge #55 carrying a federal highway known as U.S. Route 2 over Interstate 89 in Middlesex, Vermont, and which affects land under the jurisdiction of the Department of Buildings and General Services ("BGS"); and

WHEREAS, VTrans and BGS desire to complete the transfer of the necessary easements and/or rights from BGS to VTrans.

NOW, THEREFORE, BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to VTrans jurisdiction and control of certain land and permanent easements of BGS, which are more particularly describes as follows:

Being part of the same land and premises conveyed to the State of Vermont by the Warranty Deed of Jambro Associates, dated July 22, 1988, and recorded in Book 51, Page 577 of the Town of Middlesex Land Records and being more particularly described as:

Being Parcel #2, rights and easements therein, as shown on right of way detail sheet 1 and right of way layout sheets 3-5 of the revised plans of the Transportation Project as filed on the 25th day of March, 2015, in the office of the Clerk of the Town of Middlesex.

In connection with the above parcel, the following easements and/or rights are conveyed:

Temporary easements to enter upon land of the grantor, during the period of construction, to extend highway slopes and embankments in areas of: 563 square feet, more or less; 200 square feet, more or less; and 2,799 square feet, more or less, as shown on the previously mentioned Transportation Project plans.

The State of Vermont may extend the slopes and embankments at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of transportation construction. The State of Vermont shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff, and other objectionable materials, structures, growth, and any other things of whatever kind or nature from said slope area.

Temporary easements during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions: in an area of 586 square feet, more or less, right of and between approximate stations 20+42 and 21+88; in an area of 51 square feet, more or less, right of and between approximate stations 21+99 and 22+15; and in an area of 1,255 square feet, more or less, right of approximate stations 25+64 and 29+26.32; all stations are of the established centerline of the Transportation Project.

A permanent easement to discharge water on land of the grantor as such water may hereafter be discharged or flow in an area of 0.52 acre (22,807 square feet), more or less, right of and between approximate stations 21+00.00 and 29+18.55 of the established centerline of the Transportation Project.

A permanent easement to install, construct and maintain a culvert and drainage ditch, in an area of 27 square feet, more or less, right of and between approximate stations 22+00.52 and 22+12.39 of the established centerline of the Transportation Project, and thereby the right to discharge water through said culvert and drainage ditch onto the land of the grantor.

A permanent easement to install, construct and maintain a culvert, including stone fill, in an area of 431 square feet, more or less, right of and between approximate stations 26+6.94 and 26+52.22 of the established centerline of the Transportation Project, and thereby the right to discharge water through said culvert and drainage ditch onto the land of the grantor.

The herein conveyed rights and easements are subject to the terms and conditions of Vermont Operational Stormwater Discharge Permit #7145-INDS, as the same may be amended from time to time.

This Order shall take effect upon signing.

Dated February 9, 2016

3-72. (No. 02-16) [Disability Employment Working Group.

WHEREAS, the State of Vermont is committed to developing and maintaining a high-performing workforce that provides access, meaningful services, and improved outcomes for all citizens; and

WHEREAS, to achieve this goal, the state workforce must include a diversity of perspectives that reflects all Vermonters, including people with disabilities; and

WHEREAS, currently only 34.6 percent of Vermont's 41,500 working-age people with disabilities are employed and, in 2014, an estimated 24.2 percent of Vermonters aged 18 to 64 with a disability lived in families with incomes below the poverty line; and

WHEREAS, the State has a vested interest in preventing discrimination against people living with a disability, eliminating barriers to meaningful employment, and attracting the highest quality candidates into state employment opportunities; and

WHEREAS, continued progress towards serving and employing people with disabilities requires both the commitment and participation of executive leaders throughout state government.

NOW, THEREFORE, BE IT RESOLVED I, Peter E. Shumlin, by virtue of the authority vested in me as Governor, do hereby order and direct that a "Disability Employment Working Group" be established under the auspices of the Governor's Workforce Equity and Diversity Council ("GWEDC") as follows:

  1. Composition and Process.

    The Commissioner of the Department of Human Resources ("DHR") or designee shall chair the Working Group. The Working Group shall have up to five members, including:

    1. The Commissioner of DHR or designee;
    2. The Commissioner of the Department of Disabilities, Aging and Independent Living ("DAIL") or designee; and
    3. Up to three members of the GWEDC appointed by its chair or co-chairs.

      The Working Group shall meet at the call of the Chair.

  2. Charge.

    The Disability Employment Working Group shall make recommendations regarding hiring practices to increase access to state employment for individuals with disabilities. The Working Group shall consider, among other strategies:

    1. Partnering with employment organizations and other community groups to identify and recruit qualified applicants and promote state employment opportunities;
    2. Reviewing current training programs for all state employees to ensure coverage of disability etiquette and best practices;
    3. Implementing the "Progressive Employment" model, in which participants are exposed to a series of short-term work experiences, through the use of internships or trainee programs;
    4. Identifying and accessing short-term skills training in high-demand areas to meet state workforce demands; and
    5. Recommending further steps to bring individuals with disabilities into state employment at a rate that is as close as possible to that of the general population of working Vermonters, and comparing progress made each year to increase hiring opportunities and the integrated employment of those with disabilities, while maintaining the confidentiality of employees' personal information.
  3. Report.

    The GWEDC shall include an update on disability employment in the state workforce as part of its annual report.

  4. Effective Date.

    This Executive Order shall take effect upon signing.

    Dated March 23, 2016

3-73. (No. 03-16) [Publicly Funded Housing for the Homeless.

WHEREAS, homelessness has been a persistent and growing problem within Vermont for more than 30 years, affecting children, young adults, working families, and veterans;

WHEREAS, both the financial and human costs of homelessness strain public services including health care, mental health care, and education;

WHEREAS, as federal housing resources have declined, affordable housing production in Vermont has slowed and homelessness has increased;

WHEREAS, Vermont has a commitment to the quality of life for all of its citizens, including through the launch of a statewide initiative to end child and family homelessness in Vermont by 2020;

WHEREAS, State investments targeted to Vermonters experiencing homelessness - including the Vermont Rental Subsidy, Family Supportive Housing, Housing Opportunity Program, and Subsidy and Care Program - have shown effectiveness at breaking the cycle of homelessness;

WHEREAS, housing partners such as the Vermont State Housing Authority, the Vermont Housing Finance Agency, and the Vermont Housing and Conservation Board have targeted and coordinated resources to create supportive housing opportunities for Vermonters who are homeless;

WHEREAS, the 2015 annual point-in-time count showed a modest decrease in homelessness statewide, and housing partners across Vermont should commit to building on successes to date; and

WHEREAS, in addition to increasing access to affordable housing, success in ending homelessness requires a coordinated continuum of supports and services including Short-Term Emergency Shelter, Targeted Transitional Housing, Rental Subsidies, Targeted Homelessness Prevention Activities, Rapid Re-Housing, and Supportive Housing.

NOW, THEREFORE BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor, do hereby establish a goal that owners of publicly funded housing make available at least 15% of their affordable housing portfolio to homeless families and individuals, including those with special needs who require service support and rental assistance to secure and maintain their housing.

To implement this goal, I hereby direct that:

  1. Housing organizations and homeless service providers that receive state funds, state-allocated grants, and/or state tax credits shall work together to coordinate rental subsidies, services, and economic support such that, when publicly supported housing units become available, homeless families and individuals have the assistance and support needed to make use of those units.  These organizations are encouraged to adopt Memoranda of Understanding or other mechanisms as tools to plan for achievement of this goal.
  2. To ensure that homeless Vermonters have both the necessary supports and affordable housing to achieve success, the Agency of Human Services ("AHS") shall prioritize and coordinate services and subsidies to homeless families and individuals, and shall encourage recipients of AHS grants to work together with housing partners to meet the 15% goal.
  3. Public housing authorities and owners of privately owned publicly supported affordable housing are encouraged to work towards the goal of making at least 15% of their units available to homeless families and individuals as units change hands and are developed.
  4. The Vermont Community Development Program ("VCDP"), the Vermont Housing and Conservation Board ("VHCB"), and the Vermont Housing Finance Agency ("VHFA") shall work together to develop funding criteria that requires applicants for housing grants or tax credits to describe plans and tools to achieve the goal of making at least 15% of their permanent, publicly supported housing units available to the homeless. These funding criteria shall apply to all applicants for housing grants or tax credits, subject to limited exceptions. Applicants will also be asked to describe any "non-permanent" assistance, such as shelter beds or transitional housing units.  VCDP, VHCB, and VHFA shall report annually to the Agency of Commerce and Community Development and AHS on the results of this effort.
  5. AHS shall provide training to housing managers and housing and homeless service providers on how to successfully work with formerly homeless households.
  6. State agencies and housing agencies are encouraged to seek new sources of federal and philanthropic funding for housing development, services and subsidies.
  7. In working towards the 15% goal, owners of age-restricted housing shall not be required to make units available to individuals who do not meet their age restrictions.

    This Executive Order shall take effect upon signing.

    Dated April 20, 2016

3-74. (No. 04-16) [Vermont Strong License Plates.

WHEREAS, Vermont passed legislation creating Vermont Strong Commemorative License Plates in 2012 to "recognize all of those who have suffered losses because of the destruction brought by Tropical Storm Irene and the flooding of 2011, and to commemorate the contributions of the many who are helping to rebuild Vermont and to make it stronger";

WHEREAS, in 2014, the General Assembly extended the display of Vermont Strong License plates to June 30, 2016;

WHEREAS, the Vermont Strong license plate continues to be an important symbol of Vermont's resiliency and commitment to the many communities, businesses, and families impacted by Tropical Storm Irene and other major flooding events; and

WHEREAS, under section 511(a) of title 23, "[a] motor vehicle operated on any highway shall have displayed in a conspicuous place either one or two number plates as the Commissioner may require."

NOW, THEREFORE BE IT RESOLVED THAT I, Peter E. Shumlin, by virtue of the power vested in me as Governor, do hereby order and direct that:

  1. The Commissioner of Motor Vehicles shall continue to permit Vermonters to display Vermont Strong Commemorative License Plates on the front of eligible vehicles;
  2. Vermont law enforcement officers shall refrain from ticketing or otherwise penalizing any Vermonter with a Vermont Strong Commemorative License Plate as the front plate on an eligible vehicle until the General Assembly next has the opportunity to consider and clarify the duration of Vermont Strong Commemorative License Plates; and
  3. The Commissioner of Motor Vehicles and the Commissioner of Public Safety shall take all necessary and appropriate actions to implement this Order with state and local law enforcement.

    This Executive Order shall take effect upon signing.

    Dated June 2, 2016

3-75. (No. 05-16) [Climate Change Considerations in State Procurements.

WHEREAS, climate change is the most urgent environmental issue of our time;

WHEREAS, cultivating a "green economy" in Vermont has led to the creation of over 1,400 new clean energy jobs in the past year and Vermont now has the highest number of per capita clean energy jobs of any U.S. state;

WHEREAS, the State has the duty to lead by example and encourage companies to promote and utilize best practices that are consistent with our efforts to reduce emissions and move to clean energy in Vermont;

WHEREAS, the legislature has expressed a strong policy in support of combatting climate change by: (a) setting goals of producing 25 percent of energy consumed in Vermont through the use of renewable energy sources by 2025, 10 V.S.A. § 580(a) , and of reducing by 75 percent greenhouse gas emissions in Vermont from the 1990 levels by 2050, 10 V.S.A. § 578(a) ; and (b) adopting an innovative renewable energy standard with Act 56 of 2015 that sets utility renewable targets and implements solutions to address carbon emissions from the transportation and heating sectors, which account for more than two-thirds of Vermont's carbon emissions;

WHEREAS, Vermont's 2016 Comprehensive Energy Plan calls for a reduction in per capita energy use of 15 percent by 2025, and calls for 90 percent renewables by 2050; and

WHEREAS, Vermont can encourage additional action on climate change through the state procurement process.

NOW, THEREFORE BE IT RESOLVED that I, Peter E. Shumlin, by virtue of the authority vested in me as the Governor of the State of Vermont, do hereby order and direct the Secretary of Administration, in consultation with the Climate Cabinet, to include processes in the State's acquisition policies that ensure the favorable consideration of vendor business practices that promote clean energy and take action to address climate change. The Secretary may set a minimum financial threshold for application of these policies, and the policies shall include consideration of practices such as:

  1. Use of thermal and electric efficiency and conservation measures;
  2. Use of renewable energy sources for its operations;
  3. Efforts to reduce and track carbon emissions;
  4. Use of and encouragement of employee use of electric and zero emissions vehicles including providing workplace charging stations;
  5. Offering employees an option for a fossil fuel divested retirement account;
  6. Whether the supplies or services offered promote waste, energy and water efficiency; and
  7. Other factors deemed relevant by the Secretary relating to environmentally responsible practices.

    After consideration of all relevant factors, a bidder that adheres to the above best practices shall be given favorable consideration in the competitive bidding process. Favorable consideration shall be consistent with and not supersede any Secretary of Administration guidance that, all other considerations being equal, preference will be given to resident bidders of the State and/or products raised or manufactured in the State.

    This Executive Order shall take effect upon signing.

    Dated July 19, 2016

3-76. (No. 01-17) [Governor's Strategic Goals.

WHEREAS, Vermont faces a significant challenge with its demographics: Vermont's population is aging, and employers report challenges with recruiting and retaining a skilled workforce; and

WHEREAS, as the workforce grows smaller, the tax burden increases for those who choose to remain in Vermont; and

WHEREAS, State government has a duty to treat all Vermonters with dignity, respect all points of view, and honor the moral obligation we have to care for the vulnerable, including those struggling with substance addiction and abuse; and

WHEREAS, it is essential to restore the economic and fiscal fundamentals of the State of Vermont, strengthen the economy, and make Vermont more affordable for families and businesses.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby order and direct all State Agency Secretaries and Department Commissioners to utilize their powers, duties, and programs to establish the following cornerstones as their strategic and operational goals:

1) Growing the Vermont economy;

2) Making Vermont an affordable place to live, work, and do business; and

3) Protecting vulnerable Vermonters.

This Executive Order shall take effect upon execution.

Dated January 5, 2017

3-77. (No. 02-17) [Governor's Opiate Coordination Council.

Superseded and replaced by Executive Order No. 3-81 (codified as Executive Order No. 09-17), dated May 8, 2017.

3-78. (No. 03-17) [Governor's Government Modernization and Efficiency Team.

WHEREAS, Vermonters deserve modern government functions and operations which provide efficient, effective agency, department, and programmatic services now and into the future; and

WHEREAS, a dedicated team of State operational professionals, and private sector business and technology leaders will enable the Governor and extended cabinet members to evaluate both public and private sector experience in successfully implementing modernization changes; and

WHEREAS, continuous improvement will require the empowerment of State supervisors, managers, and employees to contribute to improved program results and process efficiencies.

NOW, THEREFORE BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor's Government Modernization and Efficiency Team ("GMET"), as follows:

  1. Composition and Appointments.

    The GMET shall consist of not more than 12 members to be appointed by the Governor from inside and outside of State government. The State members shall include the Governor's Chief Performance Officer who shall serve as the Chair, the Governor's Chief Innovation Officer, the Governor's Director of Affordability and Economic Growth Initiatives, and a classified employee of the State. Non-State members shall include leaders in information technology, telecommunications, accounting and finance, and management and system change. The GMET may, in its discretion, establish inter-agency working groups to support its mission, drawing membership from any agency or department of State government. The GMET may also, in its discretion, consult with private sector professionals outside of the GMET for information and advice on best practices.

    The GMET shall receive administrative and staff support from the Secretary of Administration.

  2. GMET Charge an Process.

    The GMET will be advisory to the Governor and the Secretary of Administration. The GMET shall meet at the call of the Chair, but not less frequently than quarterly. The focus of the GMET shall be to:

    1. Facilitate State agency and department efficiency audits;
    2. Strengthen strategic information technology (IT) planning;
    3. Develop a digital government strategy focused on Vermonters; and
    4. Identify and advise on opportunities to:
  3. Effective Date.

    This Executive Order shall take effect upon execution.

    Dated January 5, 2017

  1. Increase operational efficiency;
  2. Consolidate, streamline and automate services;
  3. Account for the true costs of IT projects;
  4. Eliminate waste;
  5. Prevent fraud and abuse; and
  6. Develop metrics to be used for purposes of outcomes-based-budgeting process.

    The GMET will annually report all recommendations to the Governor on or before July 1.

    The GMET will advise the Governor on the effectiveness of this Order on government modernization and efficiency.

3-79. (No. 04-17) [Program to Improve Vermont Outcomes Together (PIVOT).

WHEREAS, Vermonters deserve a modern government that provides efficient and effective services and programs that produce results now and into the future; and

WHEREAS, continuous improvement is both a culture to be adopted, as well as a toolbox that includes proven results and process improvement tools such as Lean and Results-Based Accountability; and

WHEREAS, continuous improvement should be driven by strategic outcomes (goals) contained in a living Strategic Plan; and

WHEREAS, said strategic outcomes should be monitored by using results-based indicators and programmatic performance measures to inform the level of success in achieving the strategic outcomes; and

WHEREAS, tools such as Lean should be used for process improvement by focusing on customer value-added activities, elimination of unnecessary steps and bottlenecks, and build capacity in programs and activities; and

WHEREAS, the Governor has created, by separate Executive Order, the Government Modernization and Efficiency Team, a dedicated team of State operational professionals and business and technology leaders to enable the Governor to benefit from both public and private sector experience in successfully implementing modernization changes.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby order and direct the following:

1) All Agency Secretaries, Department Commissioners, and their deputies shall:

a) Attend executive branch appointing authority Boot-Camp developed and directed by the Chief Performance Officer;

b) No later than July 1, 2017, develop a multi-year State Strategic Plan, in consultation with the Governmental Modernization and Efficiency Team (GMET), with consideration for the existing outcomes in 3 V.S.A. § 2311 ;

c) Assign Agency and Department staff to participate in an internal Continuous Improvement ("CI") team;

d) Assign a team lead for consideration as a participant in a statewide Continuous Improvement Steering Committee to be chaired by the Chief Performance Officer;

e) Select and instruct CI team members to attend Lean White and Yellow Belt training, and Green belt training where deemed necessary;

f) Instruct business managers and staff to attend Programmatic Budget training, and thereafter:

i) No later than July 1, 2017, in consultation with the Commissioner of Finance and Management, develop a list of programs, program areas and program groups, including associated FTEs, funding, and coding;

ii) Prioritize the program list in line with the Governor's Strategic Goals of affordability, economic growth, and protecting vulnerable Vermonters;

iii) Prioritize, in consultation with the Commissioner of Finance and Management, programs to be designated for results-based improvement and/or process improvement;

iv) Assign the CI team lead to work with the Chief Performance Officer, or designee to develop an improvement events schedule;

v) Use results-based methods and tools, such as Lean tools to develop viable changes, improvements, and action plans to achieve results and efficiency improvement;

vi) Integrate identified efficiencies and changes into programs and operations, utilizing and redeploying adding capacity, and new efficiencies attained to avoid future costs;

vii) Develop a list of future improvements requiring statutory and/or rule changes, or additional costs, for consideration;

viii) Incorporate known efficiencies and capacity building into future programmatic budgets, aligning programmatic results with the programmatic investment, and strategic outcomes;

ix) Secretaries, Commissioners, and Deputies shall report to the Governor and the GMET on a quarterly basis on the programmatic results and process improvements;

x) Secretaries, Commissioners, and Deputies shall report to the Governor annually as directed by the GMET.

2) A Continuous Improvement Steering Committee is established to provide guidance and technical assistance for the PIVOT; the Committee shall be chaired by the Chief Performance Officer and comprised of a representative number of agency and department CI team leads.

3) All Agency Secretaries, Department Commissioners, and their deputies shall ensure classified State employees, middle management, and upper management have the requisite training and knowledge and are empowered to:

a) Make improvements to programs and processes;

b) Suggest innovative solutions; achieve better outcomes; and

c) Provide support training, resources and tools necessary for a broad array of employees at all levels.

4) All Agency Secretaries, Department Commissioners, and their deputies shall encourage participation of internal and external stakeholders to ensure that the State government is more responsive to Vermonters.

This Executive Order shall take effect upon execution.

Dated January 5, 2017

3-80. (No. 08-17) [Transfer of Property in Windsor from BGS to DFW.

WHEREAS, certain State-owned land commonly known as the Windsor Prison Farm located in the Town of Windsor, County of Windsor, herein "the 'Property,'" is presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services (BGS); and

WHEREAS, BGS has no further use for the Property; and

WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife (DFW), desires the use of the Property for its purposes; and

WHEREAS, upon execution of the property transfer, DFW will be responsible for the maintenance costs, security, heating costs, electrical costs, snow removal, grounds maintenance, overall conditions. Payments in Lieu of Taxes, State historic preservation requirements and all other costs associated with the administration, ownership and management of the Property.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to DFW for its purposes, from the jurisdiction and control of BGS, the following land and premises, to wit:

Being collectively all the lands and premises conveyed to the State of Vermont by the following:

  1. quit claim deed of Joseph C. Parker et al. on December 22, 1894, which is recorded in the Windsor land records at Volume 30, Pages 403-404;
  2. warranty deed of Arthur W. Hunter and Julia E. Hunter on January 10, 1916, which is recorded in the Windsor land records at Volume 34, Page 83;
  3. warranty deed of William Dana on March 31, 1927, which is recorded in the Windsor land records at Volume 39, Page 46;
  4. quit claim deed of Lyman W. Cook on August 1, 1927, which is recorded in the Windsor land records at Volume 39, Page 280;
  5. warranty deed of Harvey F. Chase and Harriet Chase on September 30, 1927, which is recorded in the Windsor land records at Volume 39, Page 84;
  6. quit claim deed of William J. Herman et al. on November 25, 1927, which is recorded in the Windsor land records at Volume 39, Pages 521-523; and
  7. warranty deed of George B. Spence and Nellie S. Spence on November 6, 1935, which is recorded in the Windsor land records at Volume 47, Page 38.

    Excepting from the above those lands and premises, comprising approximately 118.57 acres and including all buildings, appurtenances and improvements thereon, to be retained by BGS as designated in the attached survey plat entitled "State Prison Farm at Windsor" prepared by Robert W. Farnsworth and dated October 7, 2016.

    This Executive Order supersedes and replaces Executive Order 08-15 (codified as 3-70). This Executive Order shall take effect upon execution.

    Dated March 13, 2017

3-81. (No. 09-17) [Governor's Opioid Coordination Council.

WHEREAS, opioid addiction and abuse in the State of Vermont negatively affect all people, of all ages, in all communities, at all income levels; and

WHEREAS, opioid addiction and abuse has caused and continues to cause an increase in drug trafficking and other criminal offenses throughout Vermont which erodes our way of life and endangers all Vermonters; and

WHEREAS, opioid addiction and abuse has caused an increasing number of overdose deaths in Vermont, particularly among young Vermonters; and

WHEREAS, the fight against opioid addiction and abuse continues to consume an increasing portion of scarce State resources; and

WHEREAS, because it is not feasible or effective to rely solely on state social service agencies or law enforcement to resolve the opioid crisis, all Vermonters must play an important role in helping to eradicate this scourge from our State; and

WHEREAS, to effectively meet this challenge, the State, municipalities, and all Vermonters must work together on a three-pronged approach to this crisis:

ì the demand for opioids must be significantly reduced through education, the building of strong families and neighborhoods, and increased economic and job opportunities;

ì those addicted to opioids must be afforded adequate and effective treatment and recovery opportunities; and

ì the supply of opioids must be reduced through robust and coordinated federal, state, and local law enforcement targeting drug traffickers and through more effective means of preventing the diversion of prescription opioids; and

WHEREAS, the Governor recognizes the diversity of Vermont municipalities and the distinct differences of population, geography, and resources; and

WHEREAS, the successful fight against opioid addiction and abuse will rely on the strength of this local diversity to enable and empower local authorities to adapt recommended policies, programs, and best practices to the needs of the various communities; and

WHEREAS, the City of Rutland has seen a significant decrease in opioid-related crime after successfully implementing Project VISION, a locally-driven strategy to identify and eliminate neighborhood drug markets utilizing a creative, collaborative grass-roots effort involving individuals, families, local businesses, churches, law enforcement, community development organizations, and health care professionals; and

WHEREAS, in order to fully enable and empower local communities in their fight against opioid addiction and abuse and to build on the success of Project VISION, there is a need to ensure full coordination among State agencies, State municipalities, law enforcement, and treatment providers to strengthen Vermont's overall response to the opioid crisis through effective opioid addiction prevention, treatment, recovery and enforcement action plans.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor's Opioid Coordination Council, as follows:

  1. Composition and Appointments.

    The Council shall consist of the following members who shall be geographically representative of the State to the extent possible:

    1. The Commissioner of Public Safety, Secretary of the Agency of Health and Human Services, and a community leader to be appointed by and serve at the pleasure of the Governor, all of whom shall serve as Co-Chairs;
    2. The Commissioner of the Department of Health or designee;
    3. The Attorney General, or designee;
    4. The United States Attorney, District of Vermont, or designee;
    5. One representative of the Vermont Mayors Coalition;
    6. One representative of a local non-profit housing organization to be appointed by the Governor;
    7. One educator involved in substance abuse prevention appointed by the Governor;
    8. One representative of State municipalities appointed by the Vermont League of Cities and Towns;
    9. One substance abuse prevention and treatment professional, appointed by the Governor;
    10. One representative of the Vermont Association of Mental Health, Addiction and Recovery;
    11. One representative of a designated agency appointed by the Governor;
    12. One representative of the Vermont Association of Hospitals and Health Systems;
    13. One representative of the Vermont Sheriffs' Association;
    14. One representative of the Vermont Association of Chiefs of Police;
    15. One representative of the United States Drug Enforcement Administration;
    16. One first responder to be appointed by the Governor.
    17. The Chief Justice, or designee;
    18. One representative of Vermont's business community to be appointed by the Governor; and
    19. One at-large member to be appointed by the Governor.

      Members appointed by the Governor shall serve for two-year terms, beginning as of May 1, 2017.

  2. Director of Drug Policy.

    The Governor shall designate a Director of Drug Policy who shall act as the Executive Director of the Council and who will support, coordinate, and monitor the progress of the Council on a day-to-day basis.

  3. Council Charge and Process.

    The mission of the Council will be to lead and strengthen Vermont's response to the opioid crisis by ensuring full interagency and intra-agency coordination between state and local governments in the areas of prevention, treatment, recovery and law enforcement activities. Where practicable, the Council will apply the strategies and lessons learned from VISION to other communities throughout Vermont. The Council shall initially meet at least monthly. The Council shall:

    1. Identify best practices for communities to address opioid addiction and abuse in order to assist them in: (1) significantly reducing the demand for opioids through prevention and education; (2) providing treatment and recovery services to those afflicted with opioid addiction; and (3) significantly reducing the supply of illegal opioids;
    2. Develop and adopt data driven performance measures and outcomes which will allow State and local community programs to determine whether they are meeting their goals and objectives in reducing opioid addiction and abuse;
    3. Review existing State health, mental health, and drug and alcohol addiction laws, regulations, policies, and programs and propose changes to eliminate redundancy and break down barriers faced by communities in coordinating action with State government;
    4. Propose legislation to strengthen a Statewide approach to fight opioid addiction and abuse and facilitate adaptation to the changing nature and multiple facets of the opioid crisis;
    5. Consult and coordinate with federal agencies and officials as well as those in surrounding states;
    6. Work in coordination with the Alcohol and Drug Abuse Council created pursuant to 18 V.S.A. 4803;
    7. Report to the Governor on a quarterly basis and as otherwise required by the Governor regarding: (1) recommendations for resource, policy, and legislative or regulatory changes; and (2) progress made under State and local programs measured against established data driven performance measures; and
    8. In consultation with the Director of Drug Policy, do all things necessary to carry out the purpose of this Executive Order.

      The Council may designate subcommittees as necessary. The Council shall receive administrative support from the Governor's Office and the Agency of Administration.

  4. Effective Date.

    This Executive Order supersedes and replaces Executive Order 02-17 (codified as 3-77). This Executive Order shall take effect upon execution.

    Dated May 8, 2017

3-82. (No. 15-17) [Governor's Marijuana Advisory Commission.

WHEREAS, the States of Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington and the District of Columbia have taken steps to legalize the recreational use of marijuana and/or establish systems for the licensing, regulation and taxation of the sale and distribution of marijuana; and

WHEREAS, Vermont must adopt a balanced approach to marijuana legalization which takes into consideration realities of current consumption levels, legalization in neighboring jurisdictions, and facts regarding local impacts, the risk of harm to our youth, impaired driving and the social consequences of drug use and addiction, particularly in the context of the State's opioid crisis; and

WHEREAS, Vermont can pursue a regional approach with the northeastern states of Maine and Massachusetts, as well as Canada, to create universal highway safety and public health regulations to ensure health and safety as it relates to recreational marijuana usage; and

WHEREAS, Vermont governors have created various executive orders over the years which address complex issues facing children and youth, public safety, criminal justice, substance abuse and population health; and

WHEREAS, even if one accepts limited recreational use of marijuana as an individual choice, this choice cannot be permitted to adversely impact public health or safety, especially roadway safety and children's health; and

WHEREAS, in order to assess the potential for a system which permits the recreational use of marijuana and/or regulates and taxes the sale and distribution of marijuana in a way which is not volume- or profit-driven or detrimental to the interests of a safe and healthy population, there is a need for a thoughtful and thorough consideration of public health, public safety and financial resource issues.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor's Marijuana Advisory Commission, as follows:

  1. Composition and Appointments.

    The Commission shall be advisory to the Governor and consist of the following thirteen members:

    1. two members appointed by the Committee on Committees;
    2. two members appointed by the Speaker of the House;
    3. two members appointed by the Governor, who shall be Co-Chairs;
    4. the Secretary of Agriculture, Food and Markets or designee;
    5. the Commissioner of the Department of Public Safety or designee
    6. the Commissioner of the Department of Health or designee;
    7. the Secretary of the Agency of Commerce and Community Development or designee;
    8. the Commissioner of the Department of Taxes or designee;
    9. the Attorney General or designee; and
    10. the Executive Director of the States' Attorneys and Sheriffs, or designee.

      The Commission shall have three subcommittees who shall meet at least monthly, consult with experts and stakeholder groups as needed, and report findings and recommendations to the Commission on a schedule set by the Co-Chairs. Members of the Commission and subcommittees shall be appointed by the Governor for three-year terms unless otherwise specified as follows:

    11. Roadway safety. One subcommittee shall be formed to examine and present findings on drugged driving and recommend appropriate measures to ensure roadway safety.  Additionally, this subcommittee shall pursue a regional impairment threshold for the New England states, and parity in drugged driving roadway safety laws and penalties.

      (i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Public Safety. Other members shall include the Secretary of the Agency of Transportation or designee, one member designated by the Criminal Justice Training Council, one member designated by the Vermont League of Cities and Towns, the Defender General or designee, the Director of the Vermont Forensic Laboratory or designee, one representative of the Judiciary appointed by the Chief Justice of the Vermont Supreme Court, and one emergency medical service provider.

    12. Education and prevention. One subcommittee shall be formed to examine and present findings on how best to measure and reduce impacts on public health; how to regulate edibles; how to regulate THC concentrations in marijuana and marijuana products; how to discourage consumption of, and restrict access to marijuana by minors; and how to effectively implement evidence-based education and prevention strategies for those under 21 years of age.

      (i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Health. Other members shall include, the Secretary of the Agency of Education or designee, one member designated by the Vermont Chapter of the American Academy of Pediatrics, one educational leader designated jointly by the Vermont Superintendents Association and the Vermont Principals' Association, one medical professional currently practicing medicine designated by the Vermont Medical Society, one member with expertise in matters affecting at-risk Vermont youth, one substance abuse counselor, and one member with expertise in marketing.

    13. Taxation and Regulation. One subcommittee shall be formed to examine and present findings regarding the sale and taxation of marijuana for recreational use, and assess structures for doing so which address areas such as banking, landlord and tenant relationships, local zoning, insurance, host liability, economic sustainability, and reduction of the illegal marijuana market. This subcommittee shall assist the Roadway Safety and Education and Prevention Subcommittees on identifying funding strategies and options for recommended resources and programming based on a taxed and regulated marijuana market and other sources.

      (i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Tax. Other members shall include the Secretary of the Agency of Commerce and Community Development or designee, the Commissioner of the Department of Financial Regulation or designee, the Chair of the Liquor Control Board, one member designated by the Vermont Bankers Association, one member designated by the Association of Vermont Credit Unions, one member designated by the Vermont League of Cities and Towns, one representative of the business community, and one member with expertise in national tax and regulatory systems designated by the Vermont Coalition to Regulate Marijuana.

  2. Meetings.

    (1) The Governor shall call the first meeting of the Commission to occur on or before October 1, 2017. The subcommittees shall also convene their first meetings on or before October 1, 2017.

    (2) A majority of membership of the Commission or each subcommittee, as the case may be, shall constitute a quorum.

  3. Powers and Duties.

    The Commission, upon consultation with its three subcommittees, shall proceed with its work in two phases:

    (1) In order to establish a common baseline understanding of the most credible data regarding health endpoints of marijuana use and safety impacts of legalization, on or before November 15, 2017, the Subcommittees on Highway Safety and Education and Prevention shall assess high-quality primary research, including evidence-based Vermont data to the extent it is available, for the following groups of health and safety endpoints and report to the Commission:

    (i) Injury and death: All-cause mortality, occupational injury, motor vehicle crash, overdose injury and death;

    (ii) Prenatal, perinatal, and postnatal exposure to marijuana: Pregnancy complications for the mother, fetal growth and development, neonatal conditions, later outcomes for the infant;

    (iii) Psychosocial: Cognition (learning, memory, attention, intelligence), academic achievement and educational outcomes, employment and income, social relationships and other social roles;

    (iv) Mental health: Schizophrenia and other psychoses, bipolar disorders, depression; suicide, anxiety, posttraumatic stress disorder;

    (v) Problem Marijuana use: Marijuana use disorder;

    (vi) Marijuana use and abuse of other substances: Abuse of other substances; and

    (vii) Crime rates: Crimes directly or indirectly shown to be related to marijuana use, production or storage in jurisdictions with marijuana legalization and decriminalization.

    (2) On or before January 15, 2018, the Commission shall produce a report making recommendations to the Governor to date regarding:

    (i) Need for the creation, implementation and funding of statewide evidence-based youth prevention programs;

    (ii) Adequacy of and funding for substance abuse facilities;

    (iii) Adequacy of and funding for broad-based messaging or public awareness campaigns to address the risk of harm posed by marijuana to Vermonters;

    (iv) Adequacy of and funding for broad-based messaging or public awareness campaigns to address the dangers of driving while impaired due to marijuana, similar to those targeted to alcohol consumers;

    (v) An appropriate impairment testing mechanism, including the possible merits of saliva-based testing standards;

    (vi) Adequacy of and funding for drug recognition experts (DREs) and training;

    (vii) Capacity for in-state testing and analysis of toxicology samples for DUIs related to drugs such as marijuana;

    (viii) Feasibility of regional impairment standards;

    (ix) Adequacy of and funding for resources that municipalities will need to support professional and volunteer fire, police, and emergency services resulting from access and use of recreational marijuana;

    (x) Need for a performance benchmark or benchmarks to be assessed before the further decriminalization or legalization of recreational marijuana use or establishment of a tax and regulatory system, such as the percentage of Vermont youth who recognize and understand the risk of harm posed by marijuana, a statistically significant reversal and decline in the number of major crashes due to marijuana-impaired drivers, a statistically significant reversal and decline in the number of DUIs related to marijuana, and capacity at the Department of Public Safety to meet the need for DREs and in-house analysis and toxicology testing related to marijuana;

    (xi) Miscellaneous issues, such as host liability and landlord liability in the context of marijuana availability in homes and public places, security of marijuana storage, impacts on the cost of automobile, workers compensation and homeowner insurance, local zoning and search and seizure considerations; and

    (xii) Changes to Vermont law required to protect those under 21 years old and ensure highway safety.

    (3) Pending development of comprehensive education, prevention and highway safety strategies, on or before December 15, 2018, the Commission will provide recommendations to the Governor on implementing and operating a comprehensive regulatory and revenue system for an adult marijuana market, and accompanying legislation if deemed necessary. At a minimum, the Commission shall:

    (i) Summarize its findings to date;

    (ii) Recommend a business plan for a comprehensive regulatory and revenue system which completely self-funds the regulatory infrastructure at both the State and local level, including:

    1. An appropriate tax rate;
    2. Required equipment and/or staffing resources required to address impaired driving due to marijuana or marijuana and alcohol at both the State and local level;
    3. The additional costs of substance abuse and treatment; and
    4. The additional costs of public awareness campaigns and statewide evidence-based youth education and prevention programs to control access by minors.

      (iii) Recommend licensure costs and requirements;

      (iv) Estimate revenue needed to initially fund a comprehensive net-revenue generating regulatory and revenue system from public and private investment, licensing and operating fees, and grant sources;

      (v) Determine a set impairment threshold for operating a motor vehicle on State roads and highways, identify an appropriate impairment testing mechanism, and/or recommend increased DREs and training;

      (vi) Recommend a plan for continued monitoring and reporting on impacts to public health, with specific reference to the health endpoints listed in Section III(1) above;

      (vii) Make recommendations regarding:

      a. Workplace safety and if it is appropriate to reform workplace drug testing laws;

      b. Impacts on the economy as a result of third party liability such as restrictions on banking due to Federal laws;

      c. Appropriate measures to address pesticide use, quality control, and labeling for marijuana products;

      d. If there is a business model that will grow the rural economy by giving existing Vermont farmers licensing and regulatory preference for commercial operations; and

      e) Other miscellaneous matters as determined necessary and appropriate by the Commission.

      The Commission will provide ongoing reporting to the Governor on April 1, 2018, July 1, 2018, and October 1, 2018 regarding progress on the foregoing.

  4. Assistance.

    The Commission shall have the administrative, technical, and legal assistance of the Office of the Governor and the Secretary of Administration. Each subcommittee shall have the technical, legal, and administrative support of the Agency or Department of each respective subcommittee Chair.

  5. Expense Reimbursement.

    I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not full-time State employees pursuant to 32 V.S.A. § 1010(e) .

  6. Effective Date.

    This Executive Order shall take effect upon execution.

    Dated September 7, 2017

3-83. (No. 18-17) [Governor's Cybersecurity Advisory Team.

WHEREAS, increasingly sophisticated cyber attacks aimed at breaching and damaging essential computer networks, infrastructure, and operations in Vermont represent major security risks and increase the State's vulnerability to adverse economic impacts, life-threatening institutional disruption, critical infrastructure damage, privacy violations and identify theft; and

WHEREAS, the advancing complexity and incidence of these cyber attacks demands heightened levels of coordination, information sharing, preparation and emergency response capabilities among State government and federal agencies, local governments, tribal governments, utilities, private companies, academic institutions, and other entities in order to protect computer networks and critical infrastructure systems from damage or unauthorized access; and

WHEREAS, Vermont State government agencies protect the State's computer networks and investigate criminal attacks on State computer networks and critical infrastructure systems under current State law.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor's Cybersecurity Advisory Team, as follows:

  1. Composition and Appointments.

    The Cybersecurity Advisory Team shall consist of not more than 10 members to be appointed by the Governor from inside and outside of State government. The State members shall include the State's Chief Information Security Officer, the State Chief Information Officer, the Governor's Homeland Security Advisor or designee, a representative from the Vermont National Guard, the Attorney General or designee, and a representative from Vermont Emergency Management. Non-State members may include leaders from the utilities sector, higher education, health care and business. The Cybersecurity Advisory Team may, in its discretion, establish inter-agency working groups to support its mission, drawing membership from any agency or department of State government. The Cybersecurity Advisory Team may also, in its discretion, consult with private sector professionals and those from other states, the federal government and municipalities for information and advice on issues related to the Team's charge as set forth herein.

    The Cybersecurity Advisory Team shall receive administrative and staff support from the Secretary of Digital Services and legal support from the Governor's Counsel and the Department of Public Safety.

  2. Cybersecurity Advisory Team Charge and Process.

    The Cybersecurity Advisory Team will be advisory to the Governor on the State's Cybersecurity posture. The Cybersecurity Advisory Team shall meet at the call of the Chair, but not less frequently than quarterly, beginning October 15, 2017. The focus of the Cybersecurity Advisory Team shall be to:

    1. Develop a strategic plan for protecting State of Vermont public sector and private sector information and systems;
    2. Formally evaluate statewide Cybersecurity readiness and develop best practices for policies and procedures to strengthen administrative, technical and physical Cybersecurity safeguards as a resource for State government, Vermont businesses and the public;
    3. Build strong relationships and lines of communications among the State government, federal government, and the private sector designed to ensure resilience of electronic information systems;
    4. Build strong partnerships with local universities and colleges in order to leverage Cybersecurity resources; and
    5. Identify and advise on opportunities to:
    1. Ensure Vermont promotes, attracts and retains a highly-skilled Cybersecurity workforce;
    2. Raise citizen awareness through outreach and public service announcements;
    3. Provide technical capabilities, training, and advice to local government and the private sector;
    4. Provide expertise to the State Legislature regarding statutory language that could further protect critical assets, infrastructure, services and personally identifiable information;
    5. Advise on strategic, operational and budgetary impacts to the State; and
    6. Engage State and federal partners in assessing and managing risk.
  3. Effective Date.

    This Executive Order shall take effect upon execution.

    Dated October 10, 2017

3-84. (No. 19-17) [Executive Code of Ethics.

WHEREAS, throughout the state, dedicated public servants bring their talents and expertise to work on behalf of all Vermonters; and

WHEREAS, it is essential to the proper operation of government that public officers be principled and impartial; that governmental decisions and policy be made fairly and impartially on the merits of the matter at issue; that public office not be used for private gain other than the remuneration provided by law; and that there be public confidence in the integrity of government; and

WHEREAS, there is a risk that the attainment of one or more of these ends may be impaired whenever a conflict exists between the private interests of a public officer and his or her official responsibilities; and

WHEREAS, it is also essential to the proper operation of government that those best qualified not be discouraged from serving as public officers by requiring them to relinquish totally the opportunity to further their interests, at least where such interests do not create irreconcilable conflicts with their official responsibilities; and

WHEREAS, both the public and private sectors of Vermont are enriched by the healthy exchange of individuals who have hands-on knowledge and work experience in both the public and private sectors; and

WHEREAS, an Executive Code of Ethics effectively ensures fairness and impartiality in the conduct of State business, while at the same time encouraging the recruitment and retention of those best qualified to serve the State and ought to be reaffirmed and continued.

NOW, THEREFORE, BE IT RESOLVED THAT I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby promulgate the following Executive Code of Ethics:

Except where otherwise provided by law, all Appointees (as defined herein) shall be subject to provisions of this Executive Order. Nothing in this Executive Order shall exempt an Appointee from any other requirement of law or any duly adopted State personnel policy.

To assure adherence to this Code, all future Appointees, and any current Appointees who have not signed an acknowledgment with respect to Executive Order No. 09-11 (codified as Executive Order No. 3-53), will be asked to sign the acknowledgment attached hereto as Exhibit A and submit it to the Secretary. The Secretary shall have the authority to interpret the provisions of this Code as they relate to circumstances and to issue exemptions from this Code under special circumstances. All such interpretations and exemptions shall be written and kept by the Secretary in the same manner as the Conflict Questionnaires.

  1. Definitions.

    As used in this Executive Order:

    "Appointee" means any member of a Public Body appointed by or upon the approval of the Governor, including Executive Officers, or any exempt employee appointed by or upon the approval of such an Appointee.

    "Appearance of a Conflict of Interest" means the impression that a reasonable person might have, after full disclosure of the facts, that an Appointee's judgment might be significantly influenced by outside interests, even though there may be no actual Conflict of Interest.

    "Conflict of Interest" means a significant interest of an Appointee or such an interest, known to the Appointee, of a member of his or her immediate family or household, or of a business associate, in the outcome of a particular matter pending before the Appointee or his or her Public Body. 'Conflict of Interest' does not include any interest that (i) is no greater than that of other persons generally affected by the outcome of a matter (such as a policyholder in an insurance company or a depositor in a bank), or (ii) has been disclosed to the Secretary and found not to be significant.

    "Executive Officer" means an agency secretary or deputy or a department commissioner or deputy.

    "Full-time appointee" means any appointee receiving a full-time salary for State service.

    "Private Entity" is any person, corporation, partnership, joint venture or association, whether organized for profit or not for profit, except those specifically chartered by the State of Vermont or which relies upon taxes for at least fifty percent (50%) of its revenues.

    "Public Body" means any State agency, department, division or office and any board or commission of any such entity or any independent board or commission in the executive branch of the State.

    "Secretary" shall, unless otherwise specified, mean the Secretary of Civil and Military Affairs.

  2. General Conduct.

    An Appointee must conduct the affairs of their office in such a manner as to instill public trust and confidence in the integrity of State government. Further, Appointees have a responsibility to act as examples and set a civil and respectful tone in the public discourse.

    1. Thus, an Appointee shall always, and without exception, be honest, helpful and fully committed to the principle that all authority is derived from the people, and therefore, all officers of government, whether legislative or executive, are servants of the people and at all times, in a legal way, accountable to them. [VT. Const., Ch I, Article 6]
    2. Appointees shall take all reasonable steps to avoid any action or circumstances, including acts or circumstances which may not be specifically prohibited by this Code, which might result in:
    3. Every appointee shall be true and faithful to the State of Vermont and will not, directly or indirectly, do any act or thing injurious to the Constitution or Government of the State of Vermont. Every Appointee will faithfully execute the office which he or she holds and will therein do equal right and justice to all men and women, to the best of his or her judgment and ability, according to law. [VT. Const., Ch II, Section 56]
    4. Appointees shall always treat each other, employees, staff, volunteers and the public with dignity, respect, empathy and courtesy.
    5. Appointees shall support efforts to create and maintain a diverse and effective work force.
    6. Appointees shall promote a workplace that is free from sexual harassment, or inappropriate personal relationships, and shall take quick and effective action to ensure that sexual harassment does not occur or persist.
    7. Every Full-Time Appointee shall devote his or her worktime to the duties of his or her office.
    8. An Appointee shall not use State property nor permit others to use State property unless the use is reasonably related to his or her official responsibilities or the conduct is permitted pursuant to a duly adopted State or agency personnel policy.
    9. An Appointee shall not enter into any commitment to expend State funds unless the expenditure is reasonable and valuable to the State and made in accordance with all applicable statutes, rules, directives or Bulletins from the Secretary of the Agency of Administration.
    10. An Appointee shall be in good standing with respect to, or in full compliance with a plan to pay, all taxes due the United States, the State of Vermont and the municipality of residence. An Appointee shall be in good standing with respect to, or in full compliance with a plan to pay, all child support obligations.
    11. All Full-Time Appointees shall attend State-sponsored training on issues related to sexual harassment and governmental ethics at least annually.

      Exemptions sought under this Code shall be issued only to further the twin goals of this Code: 1) to establish high standards of ethical conduct for all Appointees and 2) to encourage those Vermonters best qualified to serve in State government.

    1. Undermining his or her independence or impartiality or action;
    2. Taking official action based on unfair considerations;
    3. Giving preferential treatment to any private interest or Private Entity based on unfair considerations;
    4. Giving preferential treatment to any family member or member of the Appointee's household;
    5. Using public office for the advancement of personal interest;
    6. Using public office to secure special privileges or exemptions;
    7. Adversely affecting the confidence of the public in the integrity of state government.
    8. Undermining the climate of civility and respect required for every open, democratic government to thrive.
    9. An Appointee or his or her family shall not trade in stock or otherwise transact private business based upon information obtained by the Appointee through his or her work on behalf of the State.
    10. It is the Governor's expectation that Appointees will use State-provided equipment and official e-mail addresses for primarily State business purposes.  Personal use shall be limited and must not: (i) interfere with normal business activities; or (ii) be associated with any outside for-profit business activity of the Appointee.
    11. Appointees are strongly encouraged to engage in electronic communications regarding official business only on their official email accounts.  If private accounts must be used, Appointees shall copy their official e-mail accounts on all such outgoing communications and forward any received messages on which their official emails are not copied. If substantive discussion (not otherwise documented) relating to the work of the Public Body occurs on a text-messaging system, such discussion is to be copied to a separate public record format (such as by copying the relevant text messages to the appointee's official e-mail).
    12. Email messages and other electronic data produced or acquired in the course of the business of the Public Body is considered a public record subject to disclosure under the Vermont Public Records Act, regardless of whether the record resides in a State-provided system or a private account; provided, however, solely for purposes of this subsection, "public body" does not include councils or similar groups established by the Governor for the sole purposes of advising the Governor with respect to policies.  Upon receipt of a records request, Appointees shall provide their Records Officers all responsive records in their own custody and control.
  3. Personal Interests, Outside Employment and Financial Activities.
    1. Ethical Rules While in State Employ:

      (1) No Full-Time Appointee shall be the owner of, or financially interested, directly or indirectly, in any Private Entity or private interest subject to the supervision of his or her respective Public Body, except as a policy holder in an insurance company or a depositor in a bank ( 3 V.S.A. § 204 ). For this Executive Order, a direct or indirect financial interest excludes:

    2. Ethical Rules After State Employ:

      (1) For one year after leaving office, a former Appointee shall not, for pecuniary gain, be an advocate for any Private Entity before any Public Body or before the State General Assembly or its committees, regarding any particular matter in which:

      a. the State is a party or has a direct and substantial interest; and

      b. the Appointee had participated personally and substantively while in State employ.

      (2) This prohibition applies to any matter the Appointee directly handled, supervised or managed, or gave substantial input, advice or comment, or benefited from, either through discussing, attending meetings on, or reviewing materials prepared regarding the matter.

      (3) For one year after leaving office, a former Full-Time Appointee shall not, for pecuniary gain, be an advocate for any Private Entity before any Public Body or before the State General Assembly or its committees, regarding any particular matter in which the Full-Time Appointee had exercised any official responsibility.

      (4) Subject to exemptions set forth in 2 V.S.A. § 262, for one year after leaving office, an Executive Officer, shall not be a lobbyist (as defined in 2 V.S.A. § 261 ), in this State.

  4. Reports.
    1. Appointees

      Within thirty days of appointment and thereafter annually on June 30, every Appointee who earns $30,000 or more per year shall file with the Secretary an 'Ethics Questionnaire' as prescribed in Exhibit B. These questionnaires shall be treated as confidential personnel documents as defined by 1 VSA § 317(b)(7) and kept as such during the gubernatorial administration in which the Appointee serves, or for one year after the Appointee leaves office, whichever occurs first, at which point they will be destroyed.

      B Executive Officers ( 3 V.S.A. § 1211 )

      In addition to the reporting required in Section IV(A) above, pursuant to 3 V.S.A. § 1211 , each Executive Officer shall biennially file with the State Ethics Commission a disclosure form that contains the following information in regard to the previous calendar year:

      (1) Each source, but not amount, of personal income of the Executive Officer and of his or her spouse or domestic partner, and of the Executive Officer together with his or her spouse or domestic partner, that totals more than $5,000.00, including any of the sources meeting that total described as follows:

      a. employment, including the employer or business name and address and, if self-employed, a description of the nature of the self-employment without needing to disclose any individual clients; and

      b. investments, described as "investment income."

      (2) Any board, commission, or other entity that is regulated by law or that receives funding from the State on which the Executive Officer served and the Executive Officer's position on that entity.

      (3) Any company of which the Executive Officer or his or her spouse or domestic partner, or the Executive Officer together with his or her spouse or domestic partner, owned more than 10 percent.

      (4) Any lease or contract with the State held or entered into by:

      a. the Executive Officer or his or her spouse or domestic partner; or

      b. a company of which the Executive Officer or his or her spouse or domestic partner, or the officer together with his or her spouse or domestic partner, owned more than 10 percent.

      In addition, if an Executive Officer's spouse or domestic partner is a lobbyist as defined in 2 V.S.A. § 261, the Executive Officer shall disclose that fact and provide the name of his or her spouse or domestic partner and, if applicable, the name of his or her lobbying firm.

      An Executive Officer shall file his or her disclosure with the Ethics Commission on or before January 15 of the odd-numbered year or, if he or she is appointed after January 15, within 10 days after that appointment.

  5. Enforcement.

    The purpose of this Executive Code of Ethics is to provide guidance to Appointees covered herein. During such appointment, except as otherwise required by law, only the Governor or his designated agent shall have the power to sanction any violations hereof. Nothing in this Code shall create a right to continue State employment. The remedy for a violation of post-employment restrictions set forth in Section III(B) shall rest with the Public Body before which the former Appointee appears and, barring unusual circumstances, shall result only in disqualifying the former Appointee from appearing or participating in the matter.

  6. Effective Date.

    Except as otherwise required by law, this Executive Order supersedes and replaces Executive Order No. 09-11 (codified as No. 3-53), dated July 21, 2011. This Executive Order shall take effect upon signing.

  1. any insignificant interest held individually or by a member of the Appointee's immediate household or by a business associate, or
  2. any interest which is no greater than that of other persons who might be generally affected by the Supervision of the Appointee's Public Body.

    (2) An appointee shall not take any action in any matter in which he or she has either a Conflict of Interest or the appearance of a Conflict of Interest, until Conflict is resolved.

    (3) An appointee shall not take any official action that materially advances the interest of any Private Entity with which the Appointee is actively seeking employment.

    (4) A full-time Appointee shall not, for pecuniary gain, be an advocate for any Private Entity in any matter before any Public Body or before the State General Assembly or its committees.

    (5) An appointee, while in State employ, shall not solicit or receive any payment, gift, or favor based on any understanding which may be reasonably implied by the Appointee or inferred by the donor, that it may influence any official action.

    (6) An Appointee shall not solicit or receive any payment, gift or favor from any private interest or Private Entity which has, or seeks to obtain, contractual or other business or financial relationships with the Appointee's Public Body; conducts business or activities that are regulated by the Appointee's Public Body; or has an interest that may be substantially affected by the Appointee's official actions.

    (7) An Appointee, or his or her designee, shall not accept gifts or trips from private interests or Private Entities if the gifts or trips (i) are a quid pro quo; (ii) are intended to influence any decision by the Appointee; or (iii) create an appearance of a Conflict of Interest.

    (8) Except in the event (i) a specific law, rule or regulation requires disclosure, or (ii) the State has entered into a confidentiality or non-disclosure agreement consistent with applicable State or federal law, regulation, rule or policy, an Appointee shall not disclose to any Private Entity any confidential or privileged information obtained while in State employ.

Dated December 4, 2017.

CODE OF ETHICS ACKNOWLEDGEMENT

I, ____________, having been appointed to the position of ____________, hereby acknowledge having received and read Executive Order 19-17, the Executive Code of Ethics, promulgated on December 4, 2017, and agree to adhere to it. Signature: ________________________ Date: ___________________________ Name (print): __________________

OATH OF OFFICE

I, ____________, do solemnly swear/affirm that I will be true and faithful to the State of Vermont, and that I will not, directly or indirectly, do any act or thing injurious to the Constitution or Government thereof. So help me God. / Under the pains and penalties of perjury. I ____________, do solemnly swear/affirm that I will faithfully execute the Office of ____________, for the State of Vermont, and that I will therein do equal right and justice to all persons, to the best of my judgment and ability according to law. So help me God. / Under the pains and penalties of perjury. I ____________ , do solemnly swear/affirm that I will support the Constitution of the United States. So help me God. / Under the pains and penalties of perjury. Signature: __________________ STATE OF VERMONT ____________ COUNTY, SS At __________ , in said County, this ________ day of ____________ , 2017, personally appeared ____________ and took and subscribed the foregoing oath of office and allegiance. Before Me, __________________ Notary Public My Commission expires __________________

EXECUTIVE ORDER NO. 19-17

EXHIBIT B

ETHICS QUESTIONNAIRE

In accordance with the Executive Order No. 19-17 Executive Code of Ethics, every Appointee, as defined therein, who earns $30,000 or more per year, shall fill out and file this questionnaire annually, on or by June 30, with the Secretary of Civil and Military Affairs. This questionnaire shall be treated as a confidential personnel document pursuant to 1 V.S.A. § 317(c)(7) and kept as such during the gubernatorial administration in which the Appointee serves, or for one year after the Appointee leaves office, whichever occurs first. The purpose of this questionnaire is to determine any significant personal interests of Appointees that might conflict with the best interests of the state. It is understood that individuals serving the state as Appointees may have pecuniary interests that may relate to matters arising in the course of their performance of the official responsibilities. This form is intended to identify those interests and provide assurance that conflicts of interest will not impair fair and impartial state actions. Appointees must avoid Conflicts of Interest and, where they do occur, must disclose them to the Secretary of Civil and Military Affairs. In answering questions, please disclose not only your own direct interests but also any indirect or beneficial interests which could arise through members of your immediate family (spouses, dependent children) or through persons who reside in your home or by reason of a trust or partnership arrangement in which you or a member of your immediate family or household participates or has an interest. (Use reverse side or an additional sheet or paper to give additional information, if necessary.) 1. Are you, your spouse, or a member of your immediate family the director, officer, partner or employee of any enterprise that, to your knowledge, does business or has a financial relationship with the State of Vermont? If yes, please list all such positions. Yes ________ No ________ 2. To the best of your knowledge, except for securities that are listed on a national exchange, do you own directly, indirectly, or beneficially, securities, options, or rights to purchase securities or share in profits of companies doing business with the State? If yes, list company and percent of total shares. Yes ________ No ________ 3. Do you directly, indirectly or beneficially, have any ownership interest in a proprietorship, partnership, or syndicate that, to your knowledge, operates any business which does business with the State? If yes, explain briefly. Yes ________ No ________ 4. To the best of your knowledge, does there currently exist any creditor-debtor relationship between you, directly or indirectly, and any non-financial organization doing business with the State, except normal charge accounts and installment purchase accounts? If yes, explain briefly. Yes ________ No ________ 5. Are you receiving commissions or any forms of compensation, gift or reward on business transacted with the State either directly or through a third person? If yes, explain briefly. Yes ________ No ________ 6. In addition to the information reported above, do you have any direct or indirect business relationships which may reasonably be considered to have some influence on your judgment and decisions involving transactions with the State, or otherwise during the performance of your duties and responsibilities as a Appointee? If yes, explain briefly. Yes ________ No ________ 7. Are you in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the State of Vermont, the State of Vermont and the municipality of residence? If no, explain. Yes ________ No ________ 8. If you are under an obligation to pay child support, are you in good standing with respect to that obligation? Yes ________ No ________ If no, have you entered into a payment plan with the Vermont Office of Child Support and are you in full compliance with that payment plan? Yes ________ No ________ 9. I agree to disassociate myself from situations where possible conflicts of interest pertaining to any matter addressed in this questionnaire might occur, when requested by the Governor or his or her representative, the Secretary of Civil and Military Affairs. 10. To the best of my knowledge, the answers to all of the above questions are true and complete in every respect. Signed _______________________________________________________ Date: ______________________________________________________________________________ Name (printed): _____________________________________________________________ Position: __________________________________________________________________

3-85. (No. 06-17) [Creation of the Agency of Digital Services.

WHEREAS, the Governor, pursuant to 3 V.S.A. Section 2001, may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, it is desirable to reorganize the departments and divisions of government by better coordinating certain activities and to improve the coordination and effectiveness of services to the public; and

WHEREAS, the Department of Information and Innovation and various State agencies purchase information technology (IT) products and services, administer IT programs and provide IT services; and

WHEREAS, the existing structure of centralized IT and decentralized IT operating in parallel has made it difficult to (i) share data; (ii) capture comprehensive IT usage metrics, including spending; (iii) develop a comprehensive strategy for funding, procurement and use of IT; (iv) ensure results based accountability; and (v) collaborate on statewide best practices; and

WHEREAS, many states have restructured information technology governance in order to increase efficiency, broaden transparency and enable more strategic use of IT; and

WHEREAS, restructuring IT governance presents an opportunity to better align business functions and IT through:

1) Improved coordination of technology procurements;

2) Improved project management practices and standards;

3) Improved communication among State agency and department technology resources;

4) Improved IT governance;

5) Utilization of technology skills and resources across departments for the benefit of all agencies and departments;

6) A comprehensive understanding of IT spending;

7) Support of results based accountability;

8) Realignment of IT resources with State priorities; and

WHEREAS, this restructuring offers benefits to State employees through greater opportunities for professional development within State government; and

WHEREAS, the State could improve and more efficiently deliver services to the public through the creation of the Agency of Digital Services.

NOW, THEREFORE, by virtue of the authority vested in me by 3 V.S.A. Chapter 41 as Governor, I, Philip B. Scott, do hereby create an Agency of Digital Services. The Agency of Digital Services shall be the successor to, and the continuation of, the Department of Information and Innovation.

  1. All duties, obligations, responsibilities and authority, including all contracts, grant agreements, service level agreements and MOUs of the Department of Information and Innovation are hereby transferred to the Agency of Digital Services and shall continue in force and effect without any interruption in their functions.
  2. All financial assets and liabilities of the Department of Information and Innovation are hereby transferred to the Agency of Digital Services and shall be accounted for in the Internal Services Fund, known as the Communications and Information Technology Fund.
  3. The position of the Commissioner of the Department of Information and Innovation is abolished and all the duties, responsibilities and authority of the Commissioner are hereby transferred to the Secretary and Chief Information Officer of the Agency of Digital Services.
  4. All other authorized positions and equipment of the Department of Information and Innovation are transferred to the Agency of Digital Services.
  5. Effective April 17, 2017, the Agency of Digital Services shall be headed by the Secretary and Chief Information Officer (together, the "CIO") appointed by the Governor with the advice and consent of the Senate.
  6. Effective April 17, 2017, the CIO of the Agency of Digital Services may appoint a Chief Financial Officer who shall be exempt from the classified service.
  7. Effective April 17, 2017, the Agency of Digital Services shall consist of five divisions: (A) the Security Division which shall be headed by the Chief Information Security Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (B) the Enterprise Architecture Division which shall be headed by the Chief Technology Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (C) the Data Management Division which shall be headed by the Chief Data Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (D) the Division of Enterprise Project Management; and (E) the Division of Shared Services.  The Division of Enterprise Project Management and the Division of Shared Services shall each be headed by a Director appointed by the CIO of the Agency of Digital Services, with the approval of the Governor.  The Chief Information Security Officer, the Chief Technology Officer, the Chief Data Officer and the Directors shall be exempt from the classified service.
  8. Effective April 17, 2017, all existing department and agency technology leaders, including, but not limited to, chief information officers and directors of information technology ("technology leaders"), and their professional IT personnel in the Executive Branch agencies and departments, shall report directly to the CIO of the Agency of Digital Services.
  9. The Commissioner of the Department of Human Resources and the CIO of the Agency of Digital Services, in consultation with agency and department heads, shall identify technology leaders.  The Commissioner of the Department of Human Resources and the CIO of the Agency of Digital Services shall define the position duties and identify and determine appropriate classifications for all State personnel who perform information security activities, as that term is defined in 3 V.S.A. § 2222(9) and information technology activities, as that term is defined in 3 V.S.A. 2222(10).  All technology leaders shall be exempt from the classified service.
  10. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all positions and incumbents identified by the Commissioner of Human Resources and the CIO of the Agency of Digital Services as set forth above, shall transfer to the Agency of Digital Services.  Technology leaders and professional IT personnel shall remain in their current physical locations.
  11. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all appropriations associated with the positions transferred pursuant to paragraph 10 above, shall transfer from the affected agencies and departments to the Agency of Digital Services.
  12. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all the functions, equipment, supplies and inventory associated with the positions transferred pursuant to paragraph 10 above, shall transfer from the affected agencies and departments to the Agency of Digital Services.  All agency and department contracts for goods and services shall remain with the respective agencies and departments.
  13. The CIO of the Agency of Digital Services shall further study the effectiveness, priority and delivery of IT services and shall report to the Governor any additional recommendation for restructuring and/or statutory changes by November 17, 2017.

    This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 and shall take effect on April 17, 2017, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002 (b) .

    Dated January 15, 2017.

3-86. (No. 02-18) [Internet Neutrality in State Procurement.

WHEREAS, Vermonters rely on open and unrestricted access to the value and economic opportunity the Internet offers; and

WHEREAS, Vermont's educational institutions require a free and open Internet to educate students, promote social and intellectual growth, and to prepare them to succeed in the global economy; and

WHEREAS, Vermont's school students rely on a free and open Internet to take full advantage of the vast amount of information, services, and communications opportunities available through online sources, and to develop into well-rounded citizens engaged in the world beyond their geographic limits; and

WHEREAS, Vermont State employees use the Internet every day to serve citizens and conduct the business of the State; and

WHEREAS, throttling or paid prioritization of Internet services could adversely impact these institutions and the economic and social advancement of, and work for Vermonters; and

WHEREAS, many important and often critical government services are offered online to facilitate easy and efficient access by Vermonters, and throttling or paid prioritization of Internet services could limit Vermonters' ready access to these services and inhibit citizens, particularly those in need, from accessing important government services; and

WHEREAS, the Federal Communications Commission (FCC) recently issued its order, "Restoring Internet Freedom" which eliminated net neutrality principles; and

WHEREAS, this Administration bears the ongoing responsibility of ensuring the efficient procurement of goods and services for State entities, and the principles of net neutrality are inherently tied to the provision of reliable, high-quality broadband Internet service for the State.

NOW, THEREFORE, BE IT RESOLVED THAT I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby issue the following directive to all State Agencies, as follows:

  1. All State Agency contracts with Internet service providers shall include net neutrality protections, and specifically state that Internet service providers shall not:
    1. Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management that is disclosed to its customers;
    2. Throttle, impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management that is disclosed to its customers;
    3. Engage in paid prioritization or providing preferential treatment of some Internet traffic to any Internet customer;
    4. Unreasonably interfere with or unreasonably disadvantage either:

      i. A customer's ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of their choice; or

      ii. An edge providers' ability to make lawful content, applications, services, or devices available to a customer;

      "State Agency" as used in this Executive Order shall include all State agencies, departments, commissions, committees, authorities, divisions, boards or other administrative units of the Executive Branch, including elected offices as well as those having express statutory authority to enter into contracts (Agencies).

  2. As soon as practicable, but in no event later than April 1, 2018, the Agency of Administration shall amend the State's Procurement and Contracting Procedures as necessary and appropriate to comply with this directive.
  3. Waivers to these Procedures may be granted by the Secretary only upon receipt of a written justification from a State Agency and a finding by the Secretary a waiver would serve a legitimate and significant interest of the State.  The Department of Public Service shall resolve any dispute over the definition of terminology used in this Executive Order.
  4. Each State Agency that procures telecommunications services shall cooperate with the Agency of Administration and the Department of Buildings and General Services in implementing this Executive Order.  State Agencies must receive approval from the Agency of Digital Services and the Secretary of Administration before procuring Internet services, including cellular data and/or wireless broadband Internet services.
  5. The Department of Public Service, in consultation with the Secretary of ADS, shall evaluate and advise the Governor on potential actions to promote net neutrality in order to protect Vermonters' access to a free and open internet.  This may include requiring Internet service providers to provide notice to their customers regarding network and transport management practices and performance and commercial terms of their broadband Internet access services sufficient for (A) consumers to make informed choices regarding use of such services and for content, application, service, and (B) device providers to develop, market, and maintain Internet offerings.
  6. Nothing in this Order shall be construed to supersede any federal law.
  7. This Executive Order shall take effect upon signing.

    Dated February 15 2018.

3-87. (No. 04-18) [Racial, Ethnic and Cultural Disparity Mitigation.

WHEREAS, Vermont and Vermonters have a rich history of celebrating freedom and diversity, including the abolition of slavery in 1777; activism in the abolitionist movement; recognition of same sex marriage; state recognition of Abenaki people; and protection of undocumented immigrants from potentially overreaching federal enforcement by recent legislative action; and

WHEREAS, Vermont's tradition of leadership in freedom and diversity is still a vibrant thread in the fabric of our State; and

WHEREAS, our national dialogue on many critically important issues has been reduced to angry, hateful social media posts, and the space for meaningful conversation and respectful disagreement has been diminished and appears to be shrinking; and

WHEREAS, Vermont must continue its rich tradition and commitment to civility and respect for others and to celebrating and honoring our differences; and

WHEREAS, Vermont seeks to achieve equality and equity and to create a culture in which racial, ethnic and other cultural disparities are openly acknowledged and addressed, and where no one person is more likely to experience society's benefits or burdens than any other person; and

WHEREAS, the State of Vermont is committed to equal employment opportunity, fostering a culture of inclusion, devoting sufficient resources to reduce racial, ethnic and other cultural disparities across all systems of State government and implementing an improved talent acquisition process to attract and hire a high performing, diverse workforce; and

WHEREAS, the State of Vermont is committed to identifying racial, ethnic and other cultural disparities throughout State government systems and functions, and to eliminating them, as one of the state's largest employers and as a provider of a variety of essential services to the public at large; and

WHEREAS, the State of Vermont has demonstrated leadership and has achieved notable and laudable success in addressing racial and other disparities by engaging with community partners and through the work of Executive Branch agencies, departments, commissions and councils, for example, the Department of Public Safety through its Fair and Impartial Policing Initiative; the Agency of Transportation through its Office of Civil Rights, the Agency of Education through partnerships with professional associations in anti-bias efforts, and the Governor's Workforce Equity and Diversity Council (GWEDC) in increasing minority representation in the state government workforce; and

WHEREAS, these achievements must serve as a model for all agencies and departments of State government upon which to build and promote racial, ethnic and cultural equity in State employment and in the provision of essential governmental services to all Vermonters.

NOW, THEREFORE, BE IT RESOLVED THAT I, Philip B. Scott, by the authority vested in me as Governor of the State of Vermont, do hereby issue the following directive to the Executive Branch to promote racial, ethnic and other cultural equity, equality and equal opportunity in Vermont.

  1. Establishment of Panel and Officer.
    1. There shall be created and established within the Executive Branch a Chief Racial Equity and Diversity Officer ("Officer") and a Racial, Ethnic and Cultural Equity Advisory Panel ("Panel") to identify and work to eradicate systemic racism and racial, ethnic and other cultural disparities within State government.
    2. The Officer shall be appointed by the Governor from a list of qualified applicants to be nominated for the position by the Panel, after a recruitment process during which the Commissioner of the Department of Human Resources, in consultation with the Panel, will establish qualifications and advertise the position for recruitment.  The Secretary of Administration is hereby directed to review the existing pool of vacant opportunities for exempt employees to create and fund this position.
    3. The Officer shall be a full-time exempt employee within the Agency of Administration, shall report to the Secretary of Administration and shall work with all Executive Branch agencies and departments to implement a program of continuing coordination and improvement of activities in State government to combat systemic racial, ethnic and other cultural disparities, and to measure progress toward more fair and impartial governance.  The Officer shall:
    4. The Officer shall be the designated Executive Branch liaison to the Vermont Human Rights Commission and shall be available to the Judicial and Legislative branches of State government to assist, as requested by those co-equal branches, with respect to all issues pertaining to systemic racial, ethnic and other cultural disparities.
    5. The Officer shall serve in an advisory role to the State Equal Employment Opportunity Officer and the GWEDC.
    6. Upon request, the Officer shall be made available to report to legislative committees on the process for developing a comprehensive organizational review for the identification of overt and implicit bias, systemic racism and racial, ethnic and other cultural disparities in the Executive Branch, as set forth in Section I(C)(1) above.
    7. The Panel shall consist of five members appointed by the Governor in consultation Panel with the Chair of the Human Rights Commission, the Speaker of the House, the President of the Senate, the Chief Justice of the Supreme Court and the Secretary of Administration.

      Panel Members shall be drawn from diverse backgrounds to represent the interests of ethnic and diverse communities throughout the State, shall have the skills and experience necessary to effectively and efficiently provide advice regarding the work of the Officer described in Section I (C) of this Executive Order and, to the extent possible, represent geographically diverse areas of the State.

      The term of each member shall be three years, except that the initial appointments shall be one one-year term, two two-year terms and two three-year terms. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of this subsection. The members of the Panel shall elect a Chair.

    8. The Panel's initial responsibilities and duties shall be to assist and advise the Commissioner of the Department of Human Resources to develop a comprehensive job description for the Chief Racial Equity and Diversity Officer position. Thereafter, the Panel shall participate in the recruitment process by reviewing and interviewing applicants and nominating all well qualified candidates for consideration for appointment by the Governor.
    9. Thereafter, the Panel shall meet as needed and at least semi-annually and be advisory to the Governor with respect to issues of systemic racial, ethnic and cultural disparities to ensure continuous progress toward the elimination of such disparities.
    10. Each member of the Panel shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 .
    1. Conduct and oversee a comprehensive organizational review to identify overt and implicit bias, systemic racism and racial, ethnic and other cultural disparities in the Executive Branch and to identify and inventory systems in place that engender such disparities;
    2. Manage and oversee the collection of race-based data across the Executive Branch to determine the nature and scope of racial discrimination within all Executive Branch State government systems;
    3. Develop a model fairness and diversity policy, and review and make recommendations regarding the fairness and diversity policies held by all Executive Branch State government agencies and departments;
    4. Collaborate with Executive Branch agencies, departments, boards, and commissions to gather relevant existing data and records necessary to carry out the purposes of this Executive Order, and to develop best practices for remediating systemic racial, ethnic and other cultural disparities throughout the Executive Branch of State government;
    5. Work with Executive Branch agencies and departments, and with the Chief Performance Officer, to develop performance targets and performance measures to evaluate results in improving systems.  These performance measures shall be included in each agency's or department's quarterly reports to the Officer, and the Officer shall include the performance targets and performance measures of each Executive Branch agency and department in an annual report to the Governor;
    6. In consultation and coordination with the Department of Human Resources and agencies and departments, develop and conduct training programs for agencies and departments regarding the nature and scope of systemic racism, implicit bias and the institutionalized nature thereof;
    7. Periodically report to the Panel on the progress towards carrying out the duties established in this Executive Order; and
    8. Evaluate existing State Executive Orders which are designed to address equity and diversity issues and recommend, for the Governor's consideration, updates, modifications or sunset provisions.
  2. Training.

    All full-time Executive Branch gubernatorial appointees shall attend annual State-sponsored training on issues related to racial equity and diversity.

  3. Recruitment.

    The State will recruit, retain, and develop a highly qualified and diverse workforce and membership on State Boards and Commissions. Recruitment procedures shall be in place to attract a diverse pool of applicants to all occupational categories. All personnel involved in the recruiting, screening, and selection processes shall be properly trained to ensure the elimination and absence of bias in all recruitment activities.

  4. Effective Date.

    This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor or June 30, 2024, whichever is earlier.

    Dated May 30, 2018.

3-88. (No. 03-19) [Justice Reinvestment II Working Group.

WHEREAS, Vermont has a history of implementing innovative and effective policy interventions and evidence-based practices and programs to improve public safety and public health outcomes; and

WHEREAS, between 2007 and 2008, the Council of State Governments Justice Center (CSG), worked with Vermont state leaders to analyze Vermont's criminal justice data, interview stakeholders across the criminal justice system, and develop data-driven policy options designed to reduce corrections spending and increase public safety which resulted in 2008 justice reinvestment legislation which improved screening and assessment for behavioral health treatment needs, increased access to community-based substance use treatment programs, focused supervision resources on individuals most likely to reoffend and expanded transitional housing opportunities and job training programs ("Justice Reinvestment I); and

WHEREAS, Justice Reinvestment I successfully reversed upward pressure on the prison population which, in 2007 was projected to increase 23% by 2018, so that it actually fell 7% between Fiscal Year 2007 and Fiscal Year 2015; and

WHEREAS, resources in our criminal justice system must continue to be deployed to combat crimes in our communities, but we must also thoughtfully evaluate whether we are effectively investing in strategies that break the cycle of crime and incarceration; and

WHEREAS, to better identify, analyze, and address challenges in Vermont-particularly those that lie at the intersection of the opioid crisis and criminal justice-Vermont state leaders have elected to form a working group and seek support from the U.S. Department of Justice's Bureau of Justice Assistance and The Pew Charitable Trusts to gather data, evaluate processes and programs, and make recommendations on policies designed to most efficiently allocate resources while keeping the public safe, thus freeing up funds for reinvestment in strategies that improve public safety and public welfare; and

WHEREAS, this working group will bring state leaders, agencies and interested parties from across our criminal justice and behavioral health systems together to use data and best practices to inform policy changes and improvements.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Justice Reinvestment II Working Group, as follows:

  1. Composition and Appointments

    The Justice Reinvestment II Working Group shall consist of two members of the administration appointed by the Governor, the Defender General, or designee, the Attorney General, or designee, the Executive Director of States Attorneys and Sheriffs, or designee, the Executive Director of Racial Equity, the Commissioner of the Department of Public Safety or designee, the Commissioner of the Department of Corrections or designee, the Commissioner of the Department of Mental Health or designee, the Commissioner of the Department of Health, or a designee with expertise in the public health effects of the opioid crisis in Vermont, a representative from the ACLU of Vermont and a representative from the Vermont Network Against Domestic and Sexual Violence. Further, the Governor shall invite the Speaker of the House to appoint two members of the House and the Senate Committee on Committees to appoint two members from the Senate.

    The Governor shall invite the Chief Justice to serve as Chair of the Commission and appoint one other member of the Judiciary.

  2. Justice Reinvestment II Working Group Charge and Process

    The Justice Reinvestment II Working Group will assess the population trends and programming in the State's corrections system and consider criminal justice reform strategies as part of the Justice Reinvestment II initiative with the overarching goals of promoting safer, healthier communities and reducing costs.

    The Justice Reinvestment II Working Group will work with the CSG to conduct a review of programming, transitional services and population trends in Vermont's correctional facilities. The review may include an evaluation of the women's corrections population in Vermont and the programming and services to meet their needs, the detention population and barriers that exist to reducing the corrections population.

    The CSG review shall include direct engagement and learning from interested parties statewide, including, but not limited to Vermonters for Criminal Justice Reform, Vermont Crime Victim Services, Vermont branches of the NAACP, Migrant Justice and the Pride Center of Vermont.

    All departments, offices, boards and agencies of the State shall provide assistance and cooperation to the Working Group and the CSG which may be necessary to fulfill the purposes of this Executive Order.

    On or before December 1, 2019, the Justice Reinvestment II Working Group report on the data collected, options developed and analyzed and recommendations for policy changes.

  3. Expense Reimbursement

    I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not full-time State employees pursuant to 32 V.S.A. §1010(e).

  4. Effective Date

    This Executive Order shall take effect upon execution.

    Dated July 9, 2019.

3-89. (No. 09-19) [Vermont 2020 Complete Count Committee.

WHEREAS, Article I, Section 2 of the United States Constitution requires the federal government to undertake a census every 10 years; and

WHEREAS, pursuant to Section 141 of Title 13 of the United States Code, the next federal census will be on April 1, 2020; and

WHEREAS, having a complete and accurate count of Vermont's population is essential for the fair representation of the citizenry in the U.S. Congress, the State of Vermont legislature and the legislative bodies of local government; and

WHEREAS, the results of the census are the foundation for many important decisions made by federal and state government, including the disbursement of billions of dollars of federal funds to states based on population; and

WHEREAS, the U.S. Census Bureau identifies particular groups of residents as "hard-to-count" populations that have traditionally been undercounted in the decennial census process, including but not limited to:

ì young children;

ì highly mobile persons;

ì racial and ethnic minorities;

ì non-English speakers;

ì low income persons;

ì persons experiencing homelessness;

ì undocumented immigrants;

ì persons who distrust the government;

ì LGBTQ persons;

ì persons with mental or physical disabilities;

ì persons who do not live in traditional housing; and

WHEREAS, it is critically important that census outreach and education efforts focus on reaching these hard-to-count populations to ensure the results of the 2020 Census are as accurate as possible; and

WHEREAS, it will take the collaboration of community leaders, non-profit organizations, local government, legislative leaders and the Governor of the State of Vermont to raise public awareness of the importance of the 2020 Census and to find ways to support census data-collection efforts; and

WHEREAS, the U.S. Census Bureau recommends each state create a State Complete Count Committee with the goals of heightening awareness about the 2020 Census and encouraging residents to participate.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby order and direct the creation of the "Vermont 2020 Complete Count Committee" which shall be constituted as set forth below:

  1. Composition and Appointments.

    The Vermont 2020 Complete Count Committee shall consist of not more than 30 members to be appointed by the Governor. Governmental members shall include:

    1. Secretary of the Agency of Administration, or designee;
    2. Secretary of the Agency of Commerce and Community Development, or designee;
    3. Secretary of the Agency of Digital Services or designee;
    4. Secretary of the Agency of Education, or designee;
    5. Secretary of the Agency of Agriculture, Food and Markets, or designee;
    6. Secretary of the Agency of Human Services, or designee;
    7. Commissioner of the Department for Children and Families, or designee;
    8. Commissioner of the Department of Health, or designee;
    9. Commissioner of the Department of Labor, or designee;
    10. Vermont State Data Center Coordinator;
    11. Vermont Secretary of State, or designee;
    12. With the consent of the Vermont Senate, no more than two members to be appointed by the Committee on Committees;
    13. With the consent of the Vermont House of Representatives, no more than two members to be appointed by the Speaker of the House; and

      The remaining appointments to the Committee shall be broadly representative of the following sectors:

      1. Municipal government, including at least one community with low interest access;

      2. Community Action Agencies;

      3. Minority, immigrant and refugee communities;

      4. Homeless shelter providers;

      5. Youth-focused or child advocacy organizations;

      6. Education;

      7. Senior citizens;

      8. The LGBTQ community;

      9. Charitable foundations, community foundations, or faith-based organizations;

      10. The health care community;

      11. Local business and economic development; and

      12. Media/public relations.

      In making appointments, the Governor shall make efforts to ensure diverse geographic, cultural, ethnic and gender representation on the Committee.

  2. Charge.

    The Committee shall identify barriers that may impede the full participation of Vermonters in the 2020 Census and shall develop, recommend and assist in the administration of an outreach action plan designed to overcome these barriers and to ensure as complete a count as possible of Vermont's population in the 2020 Census.

    The census outreach strategy shall include, but not be limited to, state agency initiatives to encourage participation in the 2020 Census, the establishment and support of school-based outreach programs, partnerships with non-profit community-based organizations, and a multi-lingual, multi-media campaign designed to ensure an accurate and complete count of Vermont's population.

    The Committee shall collaborate and coordinate with the United States Bureau of the Census and any other groups in the State needed to carry out Vermont's outreach strategy.

    The Committee shall endeavor to provide resources and referrals to people in the "hard-to-count" groups, such as housing placement opportunities for persons experiencing homelessness and access to legal resources for undocumented immigrants.

    The first meeting of the Committee shall occur no later than the first week of December 2019.

  3. Process.

    The Chair of the Committee shall be appointed by the Governor.

    The Committee shall meet at the call of its Chair.

    The Agency of Commerce and Community Development shall provide administrative support to the Committee.

    To assist in carrying out its duties, the Committee may create and appoint subcommittees as it deems appropriate and shall solicit participation from relevant experts and practitioners involved in census issues.

    Members of the Committee shall serve terms that expire December 31, 2020. Vacancies in the committee shall be filled in like manner as the original appointment. All departments and agencies of the state government shall furnish such advice and information, documentary and otherwise, to the Committee and its agents deemed necessary or desirable by the Committee to facilitate the purposes of this Executive Order.

  4. Expense Reimbursement.

    I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for members who are not full-time State employees pursuant to 32 V.S.A. § 1010(e) .

  5. Effective Date.  This Executive Order shall take effect upon execution and shall expire on December 31, 2020.

    Dated November 14, 2019

3-90. (No. 10-19) [Transfer of Property in Plymouth from BGS to Division for Historic Preservation.

WHEREAS, certain State-owned land located in the Town of Plymouth, County of Windsor (the "Property"), very near to one of Vermont's premiere historic sites, the birthplace, boyhood home and site of Calvin Coolidge's swearing in as 30th president of the United States, is presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services ("BGS"); and

WHEREAS, in 2006, BGS and the Agency of Commerce and Community Development, Division for Historic Preservation ("DHP"), arranged for the installation of underground water storage tanks on the Property which are connected to water mains that lead to ten of the historic site buildings; and

WHEREAS, this work facilitated the installation of the sprinkler system in the Museum & Education Center, the most visited museum owned by the State and the State's only presidential archive; and

WHEREAS, the DHP desires the use of the Property for the maintenance and control of the water tanks and the preservation of the viewshed from the historic site.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to DHP for its purposes, from the jurisdiction and control of BGS, the following land and premises, to wit:

Being all the lands and premises conveyed to the State of Vermont by the following:

Being all and the same lands and premises conveyed to the State of Vermont by deed of Carol Jean Hoskison dated August 18, 2006 and recorded in Volume 102, Page 104 of the Plymouth Land Records. Said lands and premises are described in said deed as follows:

"A portion of the same land and premises deeded to James E. and Vivian N. Blanchard by Edna A. Blanchard by Warranty deed dated September 29, 1945, and recorded in Vol. 25, page 165 of Plymouth Land Records. Said portion of said land herein conveyed is described as follows:

'Beginning at the southeast corner of land of Azro Johnson on the northerly side of the highway leading from the Coolidge homestead to Azro Johnson's, said corner being the southwesterly corner of the parcel of land herein conveyed; thence northerly along a stone wall and bounded westerly by land of Azro Johnson, approximately 460 feet to a corner, a granite post in the ground; thence generally southeasterly in a straight line approximately 500 feet to a corner, a granite post in the ground; thence southerly in a straight line a distance of approximately 300 feet to a corner on the northerly edge of the aforesaid highway, a granite post in the ground; thence westerly along the northerly edge of said highway approximately 445 feet to the point of beginning.

'There is also conveyed to the herein grantees, their heirs and assigns, a right of way of sufficient width for vehicles, from the aforesaid highway, across other land of the herein grantors near to the parcel of land herein conveyed near the southeast corner of said parcel.

'Reserving and excepting, however, by the herein grantors, their heirs and assigns a right of way of sufficient width for vehicles, across the parcel of land herein conveyed from the aforesaid highway to the sugar lot premises of the herein grantors which lie northerly of the parcel of land herein conveyed.

'Reference is had to the aforesaid deed, the deed therein referred to and records thereof, and said Land Records of Plymouth for a more particular description.

'Reference is also had to a quit claim deed from Charles H. Hoskison and Eliza M. Hoskison to the Carol Jean Hoskison, whereby Charles H. Hoskison and Eliza M. Hoskison conveyed, by quit claim deed, their 2/3 interest in the land to Carol Jean Hoskison. Said quit claim deed is dated and recorded March 17, 1980 in Volume 40, Page 8 of the Plymouth Land Records."

This Executive Order shall take effect upon execution.

Dated December 3, 2019

3-91. (No. 02-20) [Racial Equity Task Force.

AMENDED AND RESTATED EXECUTIVE ORDER NO. 02-20

WHEREAS, with the promulgation of Executive Order No. 04-18, codified as Executive Order No. 3-87, Governor Philip B. Scott clearly articulated a goal of having a more diverse and welcoming state; and

WHEREAS, Vermont must create a culture in which racial, ethnic and other cultural disparities are openly acknowledged and addressed; and

WHEREAS, the State of Vermont has demonstrated leadership in this regard through the creation of a Racial Equity Advisory Panel and the hiring of the Executive Director of Racial Equity; and

WHEREAS, the State must and will continue to address the challenges of achieving racial, ethnic and cultural equity across the State; and

WHEREAS, the COVID-19 pandemic has highlighted racial inequities across the United States, including in Vermont. COVID-19 and other emergencies demonstrate that disparities in times of crisis are reflective of disparities in times of prosperity, and that we must actively work to reduce structural inequities to ensure that no community is more vulnerable than another based on immutable factors such as race or ethnicity; and

WHEREAS, we must bring state leaders, agencies and interested parties together from across Vermont to examine existing law on hate crimes, evaluate systems of support and look to increase civic participation among racially diverse populations.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby create the Governor's Racial Equity Task Force, as follows:

  1. Composition and Appointments.

    The Governor's Racial Equity Task Force may consist of up to ten members or approved alternates, including:

    1. the Executive Director of Racial Equity who shall be Chair;
    2. one member representing the Governor's Office, appointed by the Governor;
    3. one member of the public, appointed by the Governor from among three individuals recommended by the Task Force;
    4. one member from the law enforcement community, appointed by the Governor;
    5. one member representing the Vermont chapters of the NAACP, appointed by the Governor;
    6. one member from the Vermont Commission on Native American Affairs, appointed by the Governor;
    7. one member representing the Vermont ACLU, appointed by the Governor; and
    8. the Executive Director of the Human Rights Commission.

      The Task Force may, in its discretion, consult with any agency or department, or private sector professionals, outside of the Task Force for information and advice. The Executive Director of Racial Equity shall consult with the Racial Equity Advisory Panel prior to finalizing Task Force recommendations.

  2. Charge and Process.

    The Task Force is hereby ordered to undertake the following three projects in the following order of priority:

    1. Evaluate structures of support for racially diverse populations, particularly in light of the disparities in health outcomes highlighted by COVID-19:
      1. Structures that currently exist in Vermont;
      2. Models that have succeeded in other jurisdictions;
      3. Policy changes Vermont should consider or efforts the state can promote;
      4. Tools the state can provide to communities;
      5. Language access; and
      6. Economics, housing, healthcare and access to credit.
    2. Review current state and federal law on hate speech and freedom of speech and consider:
      1. Changes to state law that would facilitate prosecuting harassment, hate speech and other bias-motivated crimes; and
      2. Changes to State law necessary to ban Confederate flags or other similarly incendiary flags/images from being displayed in places that receive state funding. If all such proposed changes are determined by the Task Force to be highly likely to be found by a state or federal court to unconstitutionally restrict speech, after consultation with experts in constitutional law, the Task Force shall identify the entity most appropriate to conduct training and education in this regard.
    3. Study and present options for encouraging Vermonters from diverse, marginalized, or underrepresented racial and ethnic groups to run and serve in public office at all levels (local, state, including boards and commissions and federal). The Task Force shall determine:
      1. Who, or what, organization(s) should conduct the training;
      2. Whether there is grant funding available to support this effort; and
      3. Whether there is a program in Vermont or elsewhere that could be replicated.

        The Task Force shall be advisory to the Governor and make recommendations on the first Project by August 15, 2020. The Task Force shall also provide advice as needed by the Governor. Preliminary recommendations on Projects 2 and 3 shall be submitted to the Governor by December 15, 2020.

        The Task Force shall meet as needed and at least monthly. Meetings of the Task Force will be public and shall be held electronically for the duration of the COVID-19-related state of emergency and for so long thereafter as the Task Force deems practicable. The Task Force shall ensure notice of the meetings is received in different geographic regions of the State in order to encourage public participation.

        The Task Force shall receive administrative and staff support from the Office of the Governor and the Agency of Administration.

        To the extent funding is available, each member of the Panel shall be entitled to per diem compensation pursuant to 3 V.S.A. § 1010 .

  3. Effective Date.

    This Executive Order shall take effect upon signing and shall continue in full force and effect until May 31, 2021 unless extended by the Governor.

    Dated June 1, 2020.

CHAPTER 4. JUDICIARY

[Reserved for future use.]

CHAPTER 5. AERONAUTICS AND SURFACE TRANSPORTATION GENERALLY

5-1. (No. 02-92) [Vermont Rail Council.

Expired by its own terms, effective December 31, 1993.

5-2. (No. 02-94) [Reestablishment of Vermont Rail Council.

Superseded by Executive Order 08-01 (codified as Executive Order No. 5-3), dated September 13, 2001.

5-3. (No. 08-01) [Reestablishment of the Vermont Rail Council.

Superseded by Executive Order No. 13-03 (codified as Executive Order No. 5-6), dated August 5, 2003.

5-4. (No. 11-03) [Vermont Aviation Advisory Council.

WHEREAS, the State of Vermont has substantial public investment in its airports and air navigation system; and

WHEREAS, maintenance and modernization of this infrastructure continues to impose significant demands on the limited federal, state, local, and private funds available; and

WHEREAS, making sound decisions regarding investment in Vermont's aviation infrastructure requires coordination among all parties with a stake in aviation; and

WHEREAS, the quality of decision making can be enhanced by providing a forum to bring together input and insight from a broad spectrum of the aviation community, as well as from the consumers of aviation services;

NOW, THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested in me as Governor, do hereby establish a Vermont Aviation Advisory Council and designate its membership and duties as follows:

  1. The Council shall be composed of not more than 15 persons appointed by the Governor, plus the Vermont Secretary of Transportation or designee, who shall serve as Chair. Members may include representatives of general aviation, regional chambers of commerce, regional planning commissions, municipal airports, the House and Senate transportation committees, airport users, and private airports. To the extent that funds permit, members shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010 . The Council is authorized to obtain administrative assistance from the Vermont Agency of Transportation, and the Secretary of Transportation is directed to provide such assistance as required. The council may have additional members, to be appointed by the Secretary of Transportation subject to the Governor's approval, who shall not vote or receive expense reimbursement or per diem but who may otherwise participate in Council business and assist in the Council's efforts.
  2. The Council shall meet no less than four times a year, excluding meetings of subcommittees. By December 31st of each year, the Council shall make a report of its activities, findings and recommendations to the Governor.
  3. The Council is charged with the following responsibilities:
  1. Recommending an aviation policy for Vermont;
  2. Recommending an investment program for Vermont airports;
  3. Recommending airport classifications;
  4. Recommending air project priorities;
  5. Recommending actions to enhance the linkage between Vermont's aviation industry and the State's economic vitality;
  6. Serving as a forum for aviation-related issues, including policy makers, aviation industry representatives, airport users, and others; and
  7. Encouraging cooperative relationships between the Agency of Transportation and airport business operators.

    4. The terms of the members of the Council, other than the term of the Vermont Secretary of Transportation, shall be as follows: initially, not more than seven members appointed for one year and not more than eight members appointed for two years; all subsequent appointments (except those to the unexpired term of a former member) shall be for a period of two years.

    This Executive Order shall take effect upon execution.

    Dated August 5, 2003.

5-5. (No. 12-03) [Vermont Transportation Operations Council.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

5-6. (No. 13-03) [Vermont Rail Advisory Council.

Superseded and replaced by Executive Order No. 5-7 (codified as Executive Order No. 13-11), dated October 20, 2011.

5-7. (No. 13-11) [Vermont Rail Advisory Council.

WHEREAS, Vermont has more than 700 miles of railroad trackage, much of which is underutilized at present; and

WHEREAS, rail transportation is the most energy-saving and cost-efficient, and climate-friendly mode of transportation, particularly for certain categories of freight traffic; and

WHEREAS, passenger rail service, appropriately planned, operated and marketed, provides an added modal option to Vermont residents and visitors, offering benefits to tourism and other segments of the Vermont economy; and

WHEREAS, investment of federal and state funds in Vermont's railroad infrastructure should be based on realistic planning and analysis; and

WHEREAS, the quality of decision making can be enhanced by providing a forum to bring together input and insight from many sectors of the Vermont economy, both private and public;

NOW, THEREFORE, BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish the Vermont Rail Advisory Council and designate its membership and duties as follows:

  1. The Council shall be composed of not more than 15 persons appointed by the Governor, plus the Vermont Secretary of Transportation (or his/her designee from within the Agency of  Transportation), who shall serve as Chair. Members may include representatives of privately owned railroads, designated operators on state-owned railroads, freight shippers, environmental and economic development organizations, regional chambers of commerce, regional planning commissions, the House and Senate transportation committees, travel and recreation organizations, and others whose knowledge and expertise may be deemed beneficial to the State's efforts to encourage rail use and development. To the extent that funds permit, members shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010 . The Council is authorized to obtain administrative assistance from the Vermont Agency of Transportation, and the Secretary of Transportation is directed to provide such assistance as required. The council may have additional members, to be appointed by the Secretary of Transportation subject to the Governor's approval, who shall not vote or receive expense reimbursement or per diem but who may otherwise participate in Council business and assist in the Council's efforts.
  2. The Council shall meet no less than four times a year, excluding meetings of subcommittees. By December 31st of each year, the Council shall make a report of its activities, findings and recommendations to the Governor.
  3. The Council is charged with the following responsibilities:
  1. The Council shall serve as an advisory group to the Agency of Transportation and to any consultants working for the Agency on statewide rail issues;
  2. Working with the Agency of Transportation and affected railroads, the Council shall examine what steps state government can take to enhance rail freight service, both as such service relates to economic development and to relieving the burden of heavy truck traffic on Vermont highways;
  3. The Council shall examine existing rail passenger services in Vermont, including possible extension, consolidation, enhancement, or rerouting of such services;
  4. Working with the Agency of Transportation, affected municipalities, regional planning and development agencies, railroad owners/operators, and the travel industry, the Council shall examine the availability of attractive passenger station facilities, including availability of parking, public transportation and taxi services.
  5. The Council shall serve as a forum for those interested in rail-related issues, including policy makers, municipalities, regional planning and economic development organizations, rail operators, rail shippers, rail passengers, and others; and
  6. The Council shall encourage cooperative relationships between the Agency of Transportation and rail operators.

    4. The terms of the members of the Council shall be for a period of two years, and appointments made and terms established pursuant to the predecessor executive order shall remain in place pursuant to this superseding executive order.

    This Executive Order shall take effect upon execution and supersedes Executive Order 13-03 (codified as Executive Order No. 5-6).

    Dated October 20, 2011.

CHAPTER 6. AGRICULTURE

6-1. (No. 98-90) [Designation of Vermont Housing and Conservation Board as State Trust Fund for Agricultural Resource Conservation Demonstration Program.

Superseded by Executive Order No. 14-96 (codified as Executive Order No. 10-20), dated September 10, 1996.

6-2. (No. 09-00) [Governor's Council for Interstate Compacts.

Expired effective December 31, 2003.

6-3. (No. 10-00) [Governor's Council for Interstate Compacts.

Expired effective December 31, 2003.

6-4. (No. 05-18) Vermont Agriculture Innovation Center.

WHEREAS, the federal Farm Security and Rural Investment Act of 2002 (Public Law 107-171) (the "Act") directed the federal Secretary of Agriculture to establish an Agriculture Innovation Center Demonstration Program under which agricultural producers are provided:

  1. Technical assistance, consisting of engineering services, applied research, scale production, and similar services, to enable the agricultural producers to establish businesses to produce value-added agricultural commodities or products;
  2. Assistance in marketing, market development, and business planning; and
  3. Organizational, outreach, and development assistance to increase the viability, growth, and sustainability of businesses that produce value-added agricultural commodities or products; and

    WHEREAS, although Vermont once had a statutorily created agriculture innovation center for purposes of this Program, that law was repealed effective March 31, 2013 and Vermont no longer has an entity that meets the requirements of the Act; and

    WHEREAS, Vermont now has the opportunity to obtain federal funding under the Consolidated Appropriations Act, 2018 (Public Law 115-141) to establish an agriculture innovation center that meets the requirements of the Act for work on providing technical and business development assistance to agricultural producers seeking to enter into ventures that add value to commodities or products they produce.

    NOW THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Vermont Agriculture Innovation Center (AIC), as follows:

    1. The Secretary of Agriculture, Food and Markets (the Secretary), who will serve as chair.
    2. One representative from each of the four highest grossing commodities produced in Vermont, determined on the basis of annual gross cash sales. These commodity groups presently are the dairy, maple, livestock, and apple industries. The Secretary will appoint these four representatives with the approval of the Governor.
    3. One representative from each of the two general agricultural organizations with the greatest number of members in Vermont, as selected by each organization.

      All board member representatives, except for the Secretary, shall be appointed for terms of three years and shall serve no more than two consecutive three-year terms.

  1. Composition and Appointments

    The AIC shall have a board of directors composed of, at a minimum, the following seven representatives:

  2. Meetings

    The Secretary shall call the first meeting of the Board to occur on or before December 1, 2018, contingent upon receipt of the federal funding. After the first meeting, the Board shall meet on an as needed basis, as determined by the Secretary. A majority of the members of the Board shall constitute a quorum. No action of the Board shall be considered valid unless the action is supported by a majority of the quorum.

  3. Powers and Duties

    The AIC will fund Vermont-based initiatives that provide technical assistance, including assistance as necessary with permitting, organization development, and research and marketing services to support value-added agricultural businesses. The AIC may also provide grants to individual businesses to assist in the production and marketing of value-added products.

  4. Assistance

    The Board shall have the administrative, technical, and legal assistance of the Agency of Agriculture, Food and Markets. Other departments and agencies of State government will cooperate with the AIC and will provide information and data upon request on an as-needed basis to assist the AIC in carrying out its duties.

  5. Expense Reimbursement

    I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not full time State employees pursuant to 32 V.S.A. § 1010(e) .

  6. Effective Date

    This Executive Order shall take effect upon execution.

    Dated July 26, 2018.

CHAPTER 7. ALCOHOLIC BEVERAGES

[Reserved for future use.]

CHAPTER 8. BANKING AND INSURANCE

[Reserved for future use.]

CHAPTER 9. COMMERCE AND TRADE

9-1. (No. 100-91) [Vermont-Karelia Sister State Relationship.

WHEREAS, the State of Vermont (hereinafter "Vermont") has initiated efforts to promote personal ties of friendship and commercial relations between Vermont and the Karelian Autonomous Republic (hereinafter "Karelia"), and

WHEREAS, Vermont recognizes the profound differences in the histories, societies and governments of Vermont and Karelia, and desires to achieve a more peaceful world through greater dialogue and understanding among people of different countries, and

WHEREAS, an Agreement to encourage and develop personal ties and commercial relations between Vermont and Karelia (hereafter "the Vermont-Karelia Agreement," a copy of which is attached hereto), was executed by Madeleine M. Kunin, Governor of Vermont and Kuzma F. Filatov, former President of Karelia, on September 9, 1989,

NOW, THEREFORE, I, Madeleine M. Kunin, Governor of the State of Vermont, by virtue of the authority vested in me by the Constitution and the statutes of this state, do hereby direct that:

1) A "Sister State Relationship" is formally established by Resolution J.R.H. #129 adopted by the General Assembly in 1990 (a copy of which is attached hereto) between the State of Vermont of the United States of America and the Karelian Autonomous Soviet Socialist Republic of the Union of Soviet Socialist Republics to implement the Vermont-Karelia Agreement.

2) The Sister State Relationship shall exist to encourage and develop official and unofficial exchanges, contacts, and joint projects in the fields of agriculture, child care, culture and performing arts, education, environment, forestry, health care, information and journalism, language, law, legislation, sports, tourism, and other areas.

3) A Sister State Advisory Group shall be established to develop and carry out the exchanges, contacts, and joint projects resulting from them.

4) The Sister State Advisory Group shall be appointed by the Governor, and shall consist of fifteen members including two representatives from the General Assembly, three representatives from State agencies, departments or boards, one member from the Governor's Office, and nine representatives from the private sector. Members shall be chosen on the basis of their interest in and special expertise with respect to the exchanges, contacts, and projects developed to implement the Vermont-Karelia Agreement.

5) The duties of the Sister State Advisory Group shall be:

a) To encourage and promote exchanges, contacts, and joint projects between Vermont and Karelia.

b) To hold regular meetings and to review and collaborate on any exchanges, contacts, and joint projects in which the members are involved or interested.

c) To seek private funding for the Sister State Relationship.

d) To advise and report annually to the Governor and the General Assembly on matters relating to the Sister State.

6) The representatives from State agencies and departments shall provide administrative support and make available the resources of their agencies and departments by providing volunteers and in kind contributions.

7) This order shall take effect immediately.

Dated January 7, 1991.

JOINT STATEMENT OF INTENTIONS

At the invitation of Governor Madeleine M. Kunin, the Chairman of the Presidium of the Supreme Soviet Kuzma F. Filatov and a delegation from the Karelian Autonomous Soviet Socialist Republic of the USSR visited the State of Vermont, of the United States of America, from the 5th to the 9th of September, 1989.

Included in the delegation were the First Deputy Chairman of the Council of Ministers Lenian P. Kitsa, the Vice Chairman of the Presidium of the Supreme Soviet Vladislav V. Petukhov, Deputy Education Minister Valentina P. Makara and Vladimir G. Prozorov, chief of the English faculty of the Karelian Pedagogical Institute and interpreter of the delegation.

The delegation's visit was in return for the visit of Governor Kunin and a delegation from the State of Vermont to the Karelian Autonomous Soviet Socialist Republic, November 27-December 1, 1988.

Chairman of the Presidium Filatov and the Karelian delegation visited Montpelier September 6, conferred with members of the Legislature, inspected a variety of industries, educational and health establishments and acquainted themselves with daily life in Vermont.

The visit of the Soviet guests reinforced the conviction of both sides that a new constructive dialogue and openness is developing in relations between the United States of America and the Union of Soviet Socialist Republics as a result of the decision of President Ronald Reagan and General Secretary Mikhail S. Gorbachev at their 1985 summit meeting to encourage people-to-people exchanges.

Both sides confirmed their desire to encourage friendly ties, develop contacts between counterpart organizations and institutions, and encourage businesslike relations between the Karelian Autonomous Soviet Socialist Republic and the State of Vermont on the basis of equality and mutual benefit.

Both sides, recognizing differences in their historic development, express their desire to enter into greater dialogue and mutual understanding in the interest of peace.

Both sides jointly declared that a state of friendship exists, in practice, between the State of Vermont and the Karelian Autonomous Soviet Socialist Republic, and that a foundation has been laid for the creation of sister-state relations between the State of Vermont and the Karelian Autonomous Soviet Socialist Republic.

Both sides agreed to encourage and develop exchanges, official as well as unofficial, between the Republic and the State. These would involve short-term exchanges of citizens, teachers, students, local and state officials and others.

CLICK TO VIEW IMAGE Kuzma F. Filatov, Chairman Madeleine M. Kunin, Governor of the Presidium of the State of Vermont Supreme Soviet of the Karelian Autonomous Soviet Socialist Republic =forme

History

Reference in text. Resolution J.R.H. #129, referred to in the fifth paragraph of this order, is a reference to Joint Resolution No. R-157, passed during the 1989 Adjourned Session of the General Assembly.

9-2. (No. 12-12) [Vermont State Craft Center Overview Commission.

WHEREAS, an Executive Order was promulgated on June 16, 1993 to create a Vermont State Craft Center Overview Commission (Commission) to administer an official State Craft Center designation process to promote crafts throughout Vermont and to ensure that all State Craft Centers represent the State in the best possible manner; and

WHEREAS, a vital system of state craft centers that encourages broader participation in crafts and raises the visibility of Vermont craft artists is important to the development of this component of Vermont's community and to the crafts community.

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby reconstitute a Vermont State Craft Center Overview Commission whose composition and duties shall be as follows:

  1. Composition.

    The Commission shall be comprised of:

    - The Secretary of Commerce and Community Development, or designee,

    - The Commissioner of Tourism and Marketing, or designee,

    - The Commissioner of Economic, Housing, and Community Development, or designee,

    - The Secretary of Agriculture, or designee,

    - The State's Chief Marketing Officer, and

    - A representative of the crafts community designated by the Vermont Crafts Council who shall serve a three-year term.

    The Chair of the Commission shall be the State's Chief Marketing Officer. The Commission shall meet as needed to consider recommendations for State Craft Center designation, but not less than annually.

    Administrative support for the Commission and the Standards Group described below shall be provided by the Agency of Commerce and Community Development.

  2. Commission Charge.

    The Commission shall oversee the formation and operation of a Standards Group that shall be a self-governed entity elected and administered by the Vermont crafts community for the purpose of developing the criteria for and governing State Craft Center designation. The Commission's oversight of the Standards Group shall include providing review and approval of the processes governing designation, termination, and appeals of the same based on recommendations from the Standards Group.

    The Commission shall ensure that all State Craft Centers represent the State in the best possible manner through application of the criteria in Attachment #1 and Attachment #2. The Commission shall also afford due recognition to the diversity that exists within the crafts community in Vermont.

    The composition and responsibilities of the Standards Group shall be as follows:

    1. The Standards Group shall be advisory to the Commission and shall be established, governed, and regulated by the crafts community in Vermont.
    2. The Standards Group shall be composed of not more than seven voting members from the crafts community, to be selected by the crafts community through a nomination and election process administered by the Vermont Crafts Council. The members of the Standards Group shall serve a term of three years, except that the Standards Group shall consist of two members serving one-year terms, two members serving two-year terms, and three members serving three-year terms so that the terms will be staggered. Standards Group members may succeed themselves indefinitely. Pursuant to 32 V.S.A. § 1010(e) , members of the Standards Group shall be reimbursed for reasonable expenses incurred in performance of their functions to the extent funds are available.
    3. The Standards Group will both determine and perform functions related to State Craft Center and State Craft Education Center designation, including the application process for designation, and annual review of designations. The Standards Group will make a recommendation to the Commission on whether to approve or deny an application for designation.
  3. Effective Date.

    This Order shall take effect upon signing and supersedes and replaces Executive Order 09-09 (codified as No. 3-49). Members of the Commission and the Standards Group on the effective date of this order shall continue to serve until their successors are appointed.

    Dated October 31, 2012.

    Criteria for designation and operation of a State Craft Center and State Craft Education Center will be determined by the Standards Group and approved by the Craft Center Overview Commission. These criteria shall include, but not be limited to:

    Marketing and Branding Criteria: Every designated Vermont State Craft Center and Vermont State Craft Education Center will utilize marketing material consistent with the branding of the State, to be monitored by the Chief Marketing Officer (CMO). The State CMO will approve the development and use of official Vermont State Craft Center Designation marketing materials such as signage or logo.

    General Criteria: Whether primarily devoted to hands-on education or to exhibition, the primary underlying criteria for designation as a Vermont State Craft Center shall be high quality and authenticity of (1) educational programs, and (2) Vermont craftwork.

    Educational Criteria: A Vermont State Craft Education Center will provide comprehensive craft education taught by acknowledged professionals, will offer exhibition opportunities for work by students and faculty, and will maintain a commitment to the criteria established by the Standards Group.

    Exhibition Criteria: Vermont State Craft Centers will exhibit a high percentage (80% or greater) of original, high-quality, Vermont-made craftwork, will offer various approaches of educating the public about craft, and will maintain a commitment to the criteria established by the Standards Group.

    Legal and Fiscal Criteria:

    1. Designations will be site specific. Additional locations will require separate application and approval.
    2. Vermont State Craft Centers will be free from legal encumbrances.

      Governance Criteria:

      1. Designees will be willing to accept and expect oversight from the Vermont State Craft Center Standards Group.

      2. Designees will have in place a formal system for exhibitor feedback, including ideas, problems or complaints, which will then be integrated into the planning process.

    3. A Vermont State Craft Center and Vermont State Craft Education Center will make available a year-end narrative to the Standards Group, which includes performance-to-criteria standards and other matters requested by the Standards Group.

      Operational Criteria:

      1. Vermont State Craft Centers will be operational year-round.

      2. Designees will have been in existence for a minimum of three years prior to application for Vermont State Craft Center or State Craft Education Center designation.

      3. Designees will be in good standing relative to community relations, customer relations and financial performance.

      Application review procedure, to be determined by the Standards Group, will include:

      1. New applicants will file a narrative report on their ability to meet the criteria for designation as set by the Standards Group in accordance with Attachment #1.

      2. Existing designees will submit, prior to the review date, documentation required by the Standards Group.

      3. The Standards Group may conduct an on-site visit and community hearing. It shall have access to the records of an applicant for designation or renewal related to matters including the applicant's operation, education offerings, and governance policies and procedures. These requirements will be set by the Standards Group.

    4. The Standards Group will provide a summary of its findings to the craft center or craft education center within thirty days of the meeting.
    5. The Standards Group will develop processes pertaining to an application for designation, termination, and appeals and recommend them to the Overview Commission for approval. No designations will be made until the Overview Commission has approved processes for designation, termination and appeals.

      1. Upon favorable review of a renewal application, the designation will be extended for a three-year term, with annual review. The initial term shall be two years.

      2. The Chief Marketing Officer will represent the State in designation agreements.

Attachment #1

CRITERIA FOR STATE CRAFT CENTER AND STATE CRAFT EDUCATION CENTER DESIGNATION AND OPERATION

Attachment #2

STATE CRAFT CENTER AND STATE CRAFT EDUCATION CENTER DESIGNATION REVIEW PROCEDURE

Term of Designation:

History

Reference in text. Resolution J.R.H. #129, referred to in the fifth paragraph of this order, is a reference to Joint Resolution No. R-157, passed during the 1989 Adjourned Session of the General Assembly.

CHAPTER 9A. UNIFORM COMMERCIAL CODE

[Reserved for future use.]

CHAPTER 10. CONSERVATION AND DEVELOPMENT

10-1. (No. 25-70) [Environmental Conservation Agency.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

History

Editor's note. The agency of environmental conservation, referred to in the heading of this order, was renamed the agency of natural resources by 1987, No. 76 , § 18.

10-2. (No. 26-70) [Transfer of Functions Relating to Water Pollution, Air Pollution, Radiation Pollution, Waste Disposal and Granting of Permits to Environmental Conservation Agency.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

History

Editor's note. The agency of environmental conservation, referred to in the heading of this order and in the paragraph of this order designated as number 1, was renamed the agency of natural resources by 1987, No. 76 , § 18.

10-3. (No. 29-71) [Transfer of Tourist Information and Outdoor Advertising Functions to Agency of Development and Community Affairs.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

History

Editor's note. The agency of development and community affairs, referred to in the heading of this order, was renamed the agency of commerce and community development by 1995, No. 190 (Adj. Sess.), § 1(a).

10-4. (No. 34-71) [Transfer of Positions and Funds to Agency of Development and Community Affairs.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

History

Editor's note. The agency of development and community affairs, referred to in the heading of this order, was redesignated as the agency of commerce and community development, pursuant to 1995, No. 190 (Adj. Sess.), § 1(a), (b).

10-5. (No. 43-71) [Transfer of Functions Relating to Industrial Hygiene and Ionizing Radiation to Department of Health.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

10-6. (No. 10a-77) [Transfer of Duties and Functions of Division of Outdoor Advertising.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

10-7. (No. 61-81) [Transfer of Division of Protection, Agency of Environmental Conservation, to Department of Water Resources and Environmental Engineering.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

History

Editor's note. The agency of environmental conservation and the department of water resources and environmental engineering, referred to in the heading of this order, were renamed as the agency of natural resources and the department of environmental conservation, respectively, pursuant to 1987, No. 76 , § 18.

10-8. (No. 24-86) [Program for Recycling of Waste Products and Revision of State Solid Waste Management Plan.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

History

Editor's note. The references to the director of purchasing in the paragraphs of this order designated as numbers 2 and 3 are obsolete. Executive Order No. 35-87, provided for the abolition of the division of purchasing and the transfer of the duties, responsibilities, authority, authorized positions and equipment of the former division of purchasing to the commissioner of the department of general services as established by the order. Executive Order No. 35-87 further provided for the designation of the exempt position of director of purchasing as the position of commissioner of general services. By its own terms, Executive Order No. 35-87 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 1 of this appendix. 1995, No. 148 (Adj. Sess.), § 4(c)(2), renamed the department of general services as the department of buildings and general services.

Executive Order No. 4-91 provided for the redesignation of the exempt position of commissioner of the department of general services as the commissioner of general services and chief of administration. By its own terms, Executive Order No. 4-91 took effect on January 1, 1991. For the text of Executive Order No. 4-91, see chapter 1 of this appendix.

The references to the secretary of environmental conservation in the paragraphs of this order designated as numbers 4, 7 and 9 are obsolete in view of the redesignation of the agency of environmental conservation as the agency of natural resources by 1987, No. 76 , § 18.

The agency of development and community affairs, referred to in clause A of the paragraph of this order designated as number 4, was renamed the agency of commerce and community development by 1995, No. 190 (Adj. Sess.), § 1(a).

10-9. (No. 53-87) [Designation of University of Vermont as Leading Institution for Providing Research and Development Services to Business Community.

WHEREAS, the delivery of applied research and development services to the business community by post secondary institutions will enhance Vermont's business climate; and

WHEREAS, the University of Vermont is the only institution in Vermont with the "critical mass" to assist economic development activities effectively through basic research and applied research and development; and

WHEREAS, the University of Vermont has shown initiative in launching several major activities to respond to the research and development needs of the business community; and

WHEREAS, the University has demonstrated its research ability in the liberal arts and sciences; in agriculture, life sciences and natural resources; in education and social services; in engineering, math and business administration; and in medicine, nursing and allied health sciences,

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby direct that the University of Vermont be designated the lead research institution facilitating a consortium of other state-supported and independent colleges and universities to provide a comprehensive system of research and development services.

Dated December 8, 1987.

10-10. (No. 68-88) [State Agencies Designated as Having Programs Affecting Land Use or Exempted From Compliance With All Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Planning Implementation Committee.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

10-11. (No. 71-89) [Transfer of Authority to Administer Solid Waste Grant Programs From Secretary of Development and Community Affairs to Secretary of Natural Resources.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

History

Editor's note. The secretary of development and community affairs, referred to in the heading of this order, was redesignated as the secretary of commerce and community development, pursuant to 1995, No. 190 (Adj. Sess.), § 1(a), (b).

10-12. (No. 84-90) [Designation of Department of Environmental Conservation and Department of Housing and Community Affairs as Agencies To Administer 10 V.S.A. Chapter 153.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

10-13. (No. 92-90) [Energy Emergency Plan.

WHEREAS, a shortage of energy resources within the state of Vermont may occur at any time and such a shortage may cause severe economic hardships or constitute a serious threat to public health, safety, and welfare;

WHEREAS, under Act 254 of the 1973 Adjourned Session, as amended, the Governor is authorized to declare that an energy emergency exists and take actions to mitigate the effects of that emergency; and

WHEREAS, it is prudent to have in place guidelines which inform the public of potential actions and allow for a rapid and coordinated response in the event an energy emergency occurs.

NOW, THEREFORE, BE IT RESOLVED that I, Madeleine M. Kunin, Governor of the state of Vermont, do hereby order as follows:

  1. The Energy Emergency Plan is adopted. The Energy Emergency Plan shall be available for public comment.
  2. The Energy Emergency Plan shall be revised from time to time by the Governor. The Commissioner of the Department of Public Service shall recommend amendments as necessary to reflect changed conditions and comments from the public.
  3. The Department of Public Service shall retain an updated copy of the plan to be implemented in the event the Governor declares an energy emergency.

    This executive order takes effect upon signing.

    Dated August 31, 1990.

History

Reference in text. No. 254 of the Acts of 1973, Adjourned Session, referred to in the second paragraph of this order, is set out as a note preceding section 1 of Title 3.

10-14. (No. 99-90) [Approval of Interim State Agency Land Use Plans.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

10-15. (No. 10-91) [Advisory Council to the Agency of Development and Community Affairs.

Superseded by Executive Order 3-99 (codified as Executive Order No. 10-21), dated April 8, 1999.

10-16. (No. 13-91) [State Agencies Designated as Having Programs Affecting Land Use in Compliance with Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Implementation Committee.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

10-17. (No. 05-92) [Governor's Council of Environmental Advisors.

Rescinded by Executive Order No. 10-37 (codified as Executive Order 01-11), dated March 30, 2011.

10-18. (No. 06-94) [Vermont Clean State Program.

Superseded and replaced by Executive Order No. 10-31 (codified as Executive Order No. 02-04), dated April 8, 2004.

10-19. (No. 14-94) [Termination of Vermont Technology Council: Science and Technology Plan.

WHEREAS, the Vermont Technology Council was requested to propose a vision and fundamental plan for science and technology in Vermont pursuant to Executive Order No. 14-93, signed November 18, 1993; and

WHEREAS, the Council has devoted many hours and significant resources to development of this plan and has completed its work; and

WHEREAS, the purpose of Executive Order No. 14-93 has been achieved.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, wish to thank the members of the Vermont Technology Council and especially its Chair for the work done at my request; and

BE IT FURTHER RESOLVED that Executive Order No. 14-93, its purpose having been accomplished, is hereby rescinded.

This Executive Order shall take effect upon signing and shall rescind Executive Order No. 14-93.

Dated December 16, 1994.

10-20. (No. 14-96) [Designation of Vermont Housing and Conservation Board as the "State Trust Fund".

WHEREAS, the General Assembly created the Vermont Housing and Conservation Board to conserve and protect Vermont's agricultural land and to date the Board has assisted in the protection of 53,500 acres of agricultural land through the purchase of development rights; and

WHEREAS, the Farms for the Future Act, passed by the United States Congress in 1990, established the Agricultural Resource Conservation Demonstration Program (the "Program") by which the State of Vermont is eligible for federal assistance for up to five years to acquire interests in land to protect and preserve important farmland for future agricultural use; and

WHEREAS, under the Program, the Secretary of the U.S. Department of Agriculture (the "Secretary"), acting through the Farmers Home Administration, will guarantee ten year loans from lending institutions, pay all interest on such loans for the first five years and pay the difference between the charged interest rate and the limited resource rate, not less than 3 percent for the second five years; and

WHEREAS, by participating in the Program, the State of Vermont will increase its ability to acquire interests in land to protect and preserve important farmland and create a self-sustaining fund administered by the Vermont Housing and Conservation Board which will reduce the risk of losing important farmland; and

WHEREAS, in order to qualify for federal assistance this year, the State must (i) demonstrate that State/private assistance is available for acquiring interests in land to protect and preserve important farmlands for future agricultural use; (ii) designate a State trust fund; and (iii) negotiate and sign an Agreement with the Secretary; and

WHEREAS, implementation of the federal Program will require a concerted and coordinated effort by State and local governments, private nonprofit corporations, lending institutions and the Secretary;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., Governor of the State of Vermont, by the power vested in me by 3 V.S.A. Chapter 41, do hereby designate the Vermont Housing and Conservation Board (the "Board") as the "State trust fund" for purposes of the Agricultural Resource Conservation Demonstration Program, passed by the United States Congress in 1990 (the "Program").

  1. The Board is authorized to negotiate and sign an Agreement with the Secretary of the U.S. Department of Agriculture (the "Secretary"), so that the State of Vermont will receive federal assistance under the Program which will be used exclusively to implement and effectuate the policies and purposes of the Vermont Housing and Conservation Trust Fund Act, Title 10, Chapter 15 ( 1987, No. 88 , § 1, eff. June 11, 1987) to facilitate the acquisition of interests in land to protect and preserve important farmlands for future agricultural use in the State of Vermont;
  2. The Board shall advise the Secretary of the amount of State/private assistance Vermont will make available for acquiring interests in land to protect and preserve important farmlands for future agricultural use and provide the Secretary with necessary verification;
  3. Once the Secretary notifies the State of Vermont that it is eligible to receive federal assistance under the Program, the Board is authorized to borrow funds from a lending institution, provided that the loan is guaranteed by the Secretary and that the loan proceeds are used exclusively to implement and effectuate the policies and purposes of the Vermont Housing and Conservation Trust Fund Act;
  4. During Vermont's participation in the Program, the Board shall work with the General Assembly, the State Treasurer, municipalities, foundations, nonprofit corporations, businesses and private parties to set the amount of assistance the State of Vermont will make available in State/private assistance for acquiring interests in land to protect and preserve important farmlands for future agricultural use so that the State of Vermont will continue to be eligible for federal assistance under the Program;
  5. As part of its annual report to the Governor and the General Assembly, the Board shall include a full financial report of funds received under the Program and a list and a description of activities supported with such funds.

    This Executive Order shall take effect upon signing and shall supersede Executive Order #98-90 adopted December 20, 1990.

    Dated September 10, 1996.

History

Reference in text. The Farms for the Future Act, referred to in the second undesignated paragraph, is codified as a note under 7 U.S.C.A. § 4201.

The Vermont Housing and Conservation Trust Fund Act, referred to in the paragraph designated in as 4., is codified as 10 V.S.A. § 301 et seq.

2003. The Department of Agriculture, referred to in this order, was renamed the Agency of Agriculture by 2003, No. 42 , § 3.

10-21. (No. 03-99) [Establishment of Advisory Council to the Agency of Commerce and Community Development.

Expired by its own terms, effective May 1, 2005.

10-22. (No. 04-99) [State Compliance with Environmental Laws.

Expired by its own terms, effective January 1, 2005.

10-23. (No. 02-00) [Vermont's Committee to Ensure Clean Air.

Expired by its own terms, effective June 30, 2001.

10-24. (No. 03-00) [Membership Expansion of Vermonter's Committee to Ensure Clean Air.

Expired by its own terms, effective June 30, 2001.

10-25. (No. 08-00) [Vermont's Committee to Ensure Clean Air.

Expired by its own terms, effective June 30, 2001.

10-26. (No. 03-02) [Reduction of Mercury Use.

WHEREAS, mercury is a persistent and toxic pollutant that has accumulated in Vermont's environment, especially in aquatic environments; and

WHEREAS, most of Vermont's mercury contamination comes from large generators of air pollution located in upwind regions of the country; and

WHEREAS, this pollution is harmful to health and the environment; and

WHEREAS, consumption of certain fresh and salt water fish above the state's fish consumption advisory levels may pose a health risk, especially to young children and women of child bearing age because of mercury pollution; and

WHEREAS, Vermont's fish-consuming wildlife are also threatened from mercury contamination; and

WHEREAS, approximately one third of Vermont's impaired waters are impaired because of air deposition of mercury; and

WHEREAS, Vermont and other New England States and the Eastern Canadian Provinces support the virtual elimination of mercury from the environment; and

WHEREAS, Vermont and other New England States agreed to approaches to obtain reduction of air deposition of mercury, including litigation against sources of that pollution; and

WHEREAS, one additional source of mercury contamination in the environment is the release of mercury from numerous types of consumer products including thermometers, lamps, thermostats, medical instruments, and numerous products containing mercury switches (such as autos, pumps and gauges) when they are disposed of or broken; and

WHEREAS, mercury-free or low mercury alternative products exist for many consumer products containing mercury; and

WHEREAS, Vermont must do its part to remove mercury from the environment; and

WHEREAS, Vermont has implemented mercury education and reduction programs and a precedent setting mercury product labeling law to alert consumers of mercury content; and

WHEREAS, Vermont state government has a duty and responsibility to lead by example in conserving natural resources and practicing pollution prevention, and has taken numerous actions through the Vermont Clean State Program to reduce wasteful practices and reduce toxic chemical use and release.

NOW THEREFORE, BE IT RESOLVED THAT I, HOWARD DEAN, by virtue of the power vested in me as Governor, do hereby order state agencies, departments and offices.

  1. To eliminate the purchase of products that contain mercury where mercury-free alternatives exist at reasonable cost and comparable performance to mercury-added products.
  2. Where such mercury-free alternative products do not exist, I order that preference be given to the purchase of products with the lowest total mercury content feasible (and documented as such) and products that bear a mercury content warning label as required of product manufacturers under Vermont law.
  3. These practices shall be reflected in the administrative purchasing policies of the state no later than July 1, 2002 and in all new contracts issued after the effective date of this order.
  4. The Department of Environmental Conservation shall assist the Department of Buildings and General Services in identifying mercury-added products and low and mercury-free product alternatives.
  5. The Department of Environmental Conservation and the Department of Buildings shall jointly report to the Secretary of the Agency of Administration annually regarding compliance with this Executive Order.
  6. This Executive Order shall take effect upon signing and shall sunset on June 30, 2012.

    Dated April 4, 2002.

10-27. (No. 07-02) [Establishment of On-Site Septic Reform Education and Implementation Advisory Committee.

Expired by its own terms, effective January 1, 2003.

10-28. (No. 11-02) [Reduction in Greenhouse Gas Emissions from State Government Buildings and Operations.

Superseded and replaced by Executive Order No. 14-03 (codified as Executive Order No. 10-30), dated September 16, 2003.

10-29. (No. 12-02) [West Mountain Wildlife Management Area.

WHEREAS, in 1999, pursuant to Sec. 87a of No. 1 of the Acts of 1999, the State of Vermont participated in the purchase of approximately 133,000 acres of land in Vermont's Northeast Kingdom; and

WHEREAS, the appropriation of $4,500,000 was to be "used to purchase and ensure that the lands commonly referred to as the Champion lands in northeastern Vermont are conserved as a working forest for the sustainable production of wood products, for natural resources, including the maintenance of wildlife habitat and conservation of identified natural heritage sites, and for perpetual public access for traditional recreational uses"; and

WHEREAS, the former Champion lands now consist of approximately 84,000 acres of working forest, subject to both a working forest and a public access easement owned by the State of Vermont and the Vermont Land Trust to ensure that the land is perpetually managed for the sustainable growth and harvesting of timber and is perpetually open for public access; approximately 22,500 acres of state-owned land, the West Mountain Wildlife Management Area, conserved for perpetual public access and its fish, wildlife and ecological values; as well as approximately 26,500 acres of land held by the United States Fish and Wildlife Service as a Silvio Conti National Fish & Wildlife Refuge; and

WHEREAS, this land purchase, in which Vermont's contribution equaled less than a fifth of the total purchase price, has guaranteed Vermonters' access to these lands forever; and

WHEREAS, dialogue and clear assurances will allow us to move forward to ensure that the complex land deal that granted Vermonters so much is appreciated by Vermonters for its value and is protected forever.

NOW THEREFORE, I, Howard Dean, M.D., through the power vested in me as Governor of the State of Vermont, do hereby order as follows:

  1. The West Mountain Wildlife Management Area (WMWMA) that was acquired by the state of Vermont as part of the so-called Champion land deal pursuant to Sec. 87a of No. 1 of the Acts of 1999, and that is a portion of the so-called Champion lands, is a wildlife management area, and as such it will be managed by the Vermont Department of Fish and Wildlife or its successor agency or department.
  2. All of the approximately 22,500 acres of the WMWMA shall be conserved for lawful and perpetual public access for traditional recreational uses, including boating, fishing, trapping, snowshoeing, skiing, bird watching, hiking, and hunting (including training and using hunting dogs).  The Department of Fish and Wildlife shall allow snowmobiling, bicycling, and equestrian uses in designated corridors.
  3. The Department of Fish and Wildlife shall manage the WMWMA so as to retain road access to within two statute miles of any point within the WMWMA.
  4. The Department of Fish and Wildlife shall manage the WMWMA both for natural resource protection and wildlife, including active management to support both game and non-game species.
  5. The Department of Fish and Wildlife shall actively monitor the health, size, and distribution of selected populations of game and non-game species found in the WMWMA.  Concurrently, the Department of Fish and Wildlife and the Department of Forests, Parks and Recreation shall monitor forest conditions of critical habitats including the habitat composition, condition, and health of bear-scarred beech stands, black bear wetland feeding areas, vernal pools, and white-tailed deer wintering habitat.  These departments shall report their findings at the opening of each biennium to the legislative committees on institutions, natural resources and energy, and fish, wildlife and water resources, or any successor committee or committees.
  6. Prior to the implementation of any changes to the management of WMWMA, and prior to the adoption of any new management plan for the WMWMA, the Department of Fish and Wildlife shall report to the legislative committees on institutions, natural resources and energy, and fish, wildlife, and water resources, or any successor committee or committees, with regard to those changes and those new plans.
  7. From the date of the execution of this Executive Order, if the Department of Fish and Wildlife intends to change or alter any present traditional recreational use of the WMWMA land or to amend or modify the management plan on the WMWMA, the Department shall inform the legislative committees on institutions, natural resources and energy, and fish, wildlife, and water resources, or any successor committee or committees, of that intent in writing and through personal testimony, if invited by said committees to so testify, by the end of the month of January in any year in which the Department intends to institute changes or alter any present use.  An emergency situation of a non-recurring nature necessitating Department action is exempt from the provisions of this paragraph, but information about the emergency action taken must be included in the next year's report to the legislative committees listed above.  At the time of the emergency, the Commissioner will notify the chairs of the committees referenced above regarding the nature of the emergency and the steps taken to address the emergency.
  8. By this order a Citizen Oversight Council is created to assist in implementing the provisions of this order and the provisions of the Champion land transaction in the northeastern region of Vermont as authorized by the 1999 session of the general assembly. The council shall function as a forum to hear and attempt to resolve concerns involving the so-called Champion lands that are brought to the attention of the council regarding ongoing use and management of state lands, collaboration with the United States Fish and Wildlife Service, and public access to the public and privately held lands.  With respect to the public lands and the role of the Agency of Natural Resources (ANR) and its constituent departments, these matters may include: public access; the recreation access plan; snowmobiling and other motorized, mechanical, and equestrian access; private roads; temporary restrictions; federal ownership; timber harvesting; wildlife management; land conservation; water classification; and economic development.  The council has no authority to discuss or comment on interests obtained by a private owner who purchases a portion of the property, including timber harvesting and forest management interests obtained.  This Council shall consist of the same membership and incorporates the same duties as the Champion Land Transaction Citizen Advisory Council created by 10 V.S.A. §§ 6407-6409 . In addition, the Citizen Oversight Council shall:
  1. Function as a source of information to persons interested in learning about the transaction including its legal conditions, or about the ongoing use and management of the land, and to provide for citizen advice, input and information relating to the future of the so-called Champion lands.
  2. Make recommendations to the ANR and its constituent departments and to the legislative committees referenced above on the ongoing process of ensuring that the lands commonly referred to as the Champion lands are: conserved as a working forest for the sustainable production of wood products; conserved for natural resources, including the maintenance of wildlife habitat and the conservation of identified natural heritage sites; and conserved for perpetual public access for traditional recreational uses.

    The ANR and its constituent departments shall involve the council in their deliberative processes as they relate to the management of the WMWMA, and shall give due special consideration to any council recommendation provided under this section.

    The Department of Fish and Wildlife shall provide administrative and staff support to the council. Citizen council members shall be entitled to compensation as provided under 32 V.S.A. § 1010 , for no more than three meetings during a year in which the council is authorized, under this section, to meet.

    This Executive Order shall take effect upon signing.

    Dated November 1, 2002.

10-30. (No. 14-03) [Climate Change Action Plan for State Government Buildings and Operations.

Superseded and replaced by Executive Order No. 10-40 (codified as Executive Order No. 15-12), dated December 28, 2012.

10-31. (No. 02-04) [Vermont Clean State Program.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

10-32. (No. 03-04) [Vermont Advisory Commission on Manufactured and Mobile Homes.

Expired by its own terms, effective December 31, 2005.

10-33. (No. 07-05) [Governor's Commission on Climate Change.

Expired by its own terms, effective October 26, 2009.

10-34. (No. 03-07) [Vermont Environmental Engineering Advisory Council.

Expired by its own terms, effective June 30, 2010.

10-35. (No. 06-07) [Governor's Commission on the Future of State Parks.

Expired by its own terms, effective December 2008

10-36. (No. 02-10) [Enhancing Investments in Affordable Housing.

WHEREAS, a Tiger Team comprised of a skilled group of state employees with solid financial and analytical skills was formed to profile and review key financial data of Vermont's affordable housing delivery system and to suggest and explore opportunities to enhance the efficiency of the system; and

WHEREAS, five statewide entities serving state government, including the Vermont Housing Finance Agency ("VHFA"), the Vermont State Housing Authority ("VSHA"), the Housing Foundation, Inc. ("HFI"), the Vermont Housing and Conservation Board ("VHCB"), and the Department of Economic, Housing, and Community Development ("DEHCD"), and at least twelve non-profit housing organizations, have as their primary purpose the common mission of serving the affordable housing community; and

WHEREAS, the five statewide entities employ over 130 employees, including three executive directors, a commissioner, and supporting staff, and consist of four separate Boards with 37 individual board members; and

WHEREAS, the five statewide entities often collaborate to provide funding to the same affordable housing projects, especially through Vermont's non-profit affordable housing network; and

WHEREAS, the five statewide entities' net assets are largely comprised of loan receivables held by VHFA and VHCB; and

WHEREAS, the viability of Vermont's affordable housing delivery system is dependent upon preserving the economic value of receivables created by investments of Vermont taxpayers and maximizing the direct benefit of these investments to Vermonters seeking affordable housing; and

WHEREAS, the Tiger Team observed that the current design and implementation of the state's affordable housing delivery system may foster a level of undue complexity and duplication of efforts, resulting in greater administrative costs and less direct investment in the construction and maintenance of affordable housing; and

WHEREAS, the Tiger Team observed that operating and personnel expenditures for non-profit housing organizations has increased substantially greater than the rate of inflation for the period 2005-2008; and

WHEREAS, the Tiger Team observed that changes to housing policy may result in increased revenue that could be used for investment in more affordable housing; and

WHEREAS, the Tiger Team's review concluded that a 10% savings in administrative costs within the five statewide entities alone would result in approximately $900,000 annually in direct investment in affordable housing, which could generate $20 million or more in additional investments in affordable housing if leveraged over a 30 year term and preserve the financial value of past capital investments in affordable housing; and

WHEREAS, further review of the state entities' affordable housing delivery system is warranted given the substantial resources currently dedicated to funding that system and the potential for savings and efficiencies.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor, do hereby direct the Commissioner of the Department of Economic, Housing, and Community Development to convene the necessary resources and stakeholders, as he shall deem necessary, to explore the redesign of, and business process improvements to, the state affordable housing delivery system to achieve savings and efficiencies which shall be used to make additional direct investment in affordable housing.

The Commissioner shall, in consultation and conjunction with VHFA, VSHA, HFI, VHCB, and DEHCD:

  1. Conduct an in-depth review of the existing organizational structures and business processes of the five state affordable housing entities and make recommendations to improve their effectiveness and increase efficiencies;
  2. Recommend and procedures to ensure loan receivables held by the state affordable housing entities are managed in a fiduciary-oriented manner to ensure these substantial assets are available as a current and future resource for additional investments in affordable housing; and
  3. Provide a written report to the Governor and to the General Assembly no later than September 1, 2010 containing all findings and recommendations to achieve the purposes of this Executive Order.

    This Executive Order shall take effect upon execution and shall expire upon delivery of the written report to the Governor and the General Assembly.

    Dated March 18, 2010.

10-37. (No. 01-11) [Council on Energy and the Environment.

WHEREAS, the State of Vermont must come to terms with the implications of climate change and limited fossil fuels; and

WHEREAS, the Governor recognizes the need and opportunity to promote a renewable energy economy that protects our natural environment, provides energy security, and creates sustainable jobs; and

WHEREAS, the Governor desires the counsel of private citizens knowledgeable about the natural environment of Vermont, renewable energy, and the opportunities to reduce our contribution to climate change by conserving and increasing efficiencies across all sectors, including heating, electric and transportation;

NOW, THEREFORE, I, Peter Shumlin, by the virtue of the power vested in me as Governor, do hereby establish the Governor's Council on Energy and the Environment solely to advise the Governor of policy issues affecting the natural environment and energy security of the State of Vermont. To these ends, I direct the following:

  1. The Governor's Council on Energy and the Environment will consist of up to 25 members, all of whom shall be appointed by the Governor and serve at his pleasure.
  2. The Council shall meet with the Governor at least four times annually.
  3. The Governor shall annually appoint one member to the council to serve as Chair.
  4. The Executive Office of the Governor shall provide administrative support to the Council. Members of the Council shall receive no compensation for their service.

    This executive order shall take effect upon signing and shall rescind Executive Order No. 5-92.

    Dated March 30, 2011.

10-38. (No. 05-11) [Governor's Climate Cabinet.

Superseded and replaced by Executive Order No. 10-40 (codified as Executive Order No. 15-12), dated December 28, 2012.

10-39. (No. 06-12) [Interagency Green Infrastructure Council.

Expired by its own terms, effective January 1, 2017.

10-40. (No. 15-12) [Governor's Climate Cabinet and State Agency Climate Action Plan.

Superseded and replaced by Executive Order No. 10-42 (codified as Executive Order No. 12-17), dated July 20, 2017.

10-41. (No. 11-17) [Vermont Outdoor Recreation Economic Collaborative.

WHEREAS, Vermont's landscape of forests, farms and human communities and their associated outdoor recreation opportunities are major reasons why people visit and live in Vermont; and

WHEREAS, in Vermont, outdoor recreation accounts for 34,000 direct jobs and $2.5 billion in consumer spending; and

WHEREAS, our natural, cultural and physical recreation assets can and should be leveraged to sustain, grow and drive economic development in all sectors of Vermont's economy with particular attention to the segment that includes outdoor recreation industry businesses that are most closely aligned with the State's outdoor recreation brand; and

WHEREAS, those recreation assets must be wisely managed and strengthened, not only to grow the economic development potential of this sector, but to sustain and enhance the value of the Vermont brand, the experience of visitors to Vermont and Vermonters' quality of life;

WHEREAS, there exists a broad set of outdoor recreation stakeholders but no platform for collective focus for accomplishing major efforts in this regard; and

WHEREAS, it is important to establish a mechanism to identify and engage outdoor recreation businesses and other stakeholders to create a Vermont Outdoor Recreation Economic Collaborative ("VOREC") for purposes promoting prudent stewardship of State recreation assets and marketing the outdoor recreation values and attributes of Vermont to effectively foster economic growth.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont, do hereby create the VOREC Steering Committee ("VOREC Committee"), as follows:

  1. Composition and Appointments.

    The VOREC Committee shall be comprised of no more than fifteen members to be appointed by the Commissioner of Forests, Parks and Recreation from inside and outside of government in consultation with the Secretary of the Agency of Commerce and Community Development ("ACCD"), with the approval of the Governor. The State members shall include the Commissioner of Forests, Parks and Recreation or designee who shall serve as Chair and the Secretary of ACCD or designee. Non-State members shall include five representatives from companies within Vermont's outdoor recreation industry, one representative from a Vermont nonprofit conservation organization, two representatives from the Vermont Trails and Greenways Council, one representing motorized recreation and one representing non-motorized recreation, three representatives from other Vermont nonprofit recreation organizations and two at-large members with experience in other Vermont economic development initiatives and/or outdoor recreation planning.

    The VOREC Committee may, in its discretion, establish working groups to support its mission, drawing membership from any agency or department of State government or private/non-profit entity. The VOREC Committee may, at its discretion, engage with private sector professionals in order to develop and implement the goals of this Executive Order.

    The VOREC Committee shall receive administrative and staff support from the Department of Forests, Parks, and Recreation and ACCD.

  2. VOREC Charge and Process.

    The VOREC Committee shall be advisory to the Governor. The VOREC Committee shall meet at the call of the Chair. The VOREC Committee shall adopt bylaws for governance of its meetings and engagement of the greater Collaborative before July 1, 2017. The VOREC Committee shall identify and engage a broad set of outdoor recreation businesses and other stakeholders for purposes of creating the VOREC. The VOREC Committee shall develop a strategy and specific action plan with measurable outcomes to, at a minimum, address the following:

    [] Contribute to efforts to market the outdoor recreation values and attributes of Vermont to effectively foster economic growth;

    [] Examine and promote laws, policies and initiatives that encourage outdoor recreation business;

    [] Strengthen stewardship of outdoor recreation resources and the organizations that support them;

    [] Mobilize the members of the VOREC to develop and implement the initiatives of the VOREC Committee; and

    [] Encourage, incentivize and guide the development of community-oriented outdoor recreation assets increasing economic impacts.

    VOREC will report all findings and recommendations to the Governor on or before September 15 of each year, beginning September 15, 2017. VOREC will advise the Governor on the effectiveness of this Order on the development and implementation of VOREC initiatives.

  3. Effective Date.

    This Executive Order shall take effect upon execution.

    Dated June 15, 2017.

10-42. (No. 12-17) [Vermont Climate Action Commission.

WHEREAS, through the 2016 Comprehensive Energy Plan, Vermont has committed to reducing greenhouse gas emissions by at least forty percent below 1990 levels by 2030 and eighty to ninety five percent below 1990 levels by 2050, and meeting ninety percent of energy needs from renewable sources by 2050; and

WHEREAS, while significant progress has been made in reducing greenhouse gas emissions from the electricity sector through the partnership of the nine Northeast states that form the Regional Greenhouse Gas Initiative, comparable emissions reductions from other sectors that contribute to more than ninety percent of greenhouse gas emissions in Vermont have not been achieved; and

WHEREAS, the State must work with a range of perspectives to develop a strategy to reduce greenhouse gas emissions and combat climate change that addresses these fundamental principles:

ì solutions that reduce greenhouse gas emissions must spur economic activity, inspire and grow Vermont businesses, and put Vermonters on a path to affordability;

ì the development of solutions must engage all Vermonters, so no individual or group of Vermonters is unduly burdened; and

ì programs developed to reduce greenhouse gas emissions must collectively provide solutions for all Vermonters to reduce their carbon impact and save money.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby re-affirm Vermont's commitment to reduce greenhouse gas emissions from all sectors of the economy and create the Vermont Climate Action Commission to develop effective actions to meet those goals:

  1. Commission Charge and Process.

    The Commission shall have the following duties and responsibilities:

    1. By July 31, 2018, draft and recommend, for the Governor's consideration, an action plan aimed at reaching the State's renewable energy and greenhouse gas reduction goals while driving economic growth, setting Vermonters on a path to affordability, and ensuring effective energy transition options exist for all Vermonters. The plan shall include specific actions recommended by the Commission to:

      (i) implement the long-term policy goals of the Vermont Comprehensive Energy Plan;

      (ii) reduce greenhouse gas emissions from all sectors, including those sectors not addressed in the Vermont Comprehensive Energy Plan; and

      (iii) stimulate or support investment in the development of innovative technologies and strategies that have significant potential to reduce greenhouse emissions in Vermont.

    2. Hold public scoping sessions to inform the recommendations of the action plan;
    3. On or before December 31, 2017, evaluate existing State Executive Orders which are designed to address climate change issues and recommend, for the Governor's consideration, updates, modifications or sunset provisions.
    4. Convene a Technical Advisory Group to provide additional expertise and analysis of technical issues that may be required to fulfill the Commission Charge. The Technical Advisory Group shall consist of persons available to the Commission on an as-needed basis to provide expertise in climate science; emission quantification; public health; transportation; energy generation, transmission, and storage; energy markets; banking; insurance; regional planning; building design and operation; and any other expertise the Commission deems appropriate.
  2. Composition.

    The Committee shall consist of twenty-one members, with representatives from the named sectors listed below to be appointed by the Governor:

    1. the Secretary of the Agency of Natural Resources or designee;
    2. the Secretary of the Agency of Commerce and Community Development or designee;
    3. the Commissioner of the Department of Public Service or designee;
    4. the Secretary of the Agency of Transportation or designee;
    5. one representative from the Agriculture sector;
    6. one representative from the Clean Energy sector;
    7. one representative from the Commercial Hauling or Trucking sectors;
    8. one representative from the Construction or Development sectors;
    9. one representative from an Energy Utility;
    10. one representative from the Energy Efficiency sector;
    11. one representative from a statewide Environmental Organization;
    12. one representative from the Forestry or Forest Products sectors;
    13. one representative from the Fuels sector;
    14. one representative from Local Government;
    15. one representative from the Manufacturing sector;
    16. one representative from the Research and Development sector;
    17. one representative from the Rural Development sector;
    18. one representative from a Small Business;
    19. one representative from the Transportation Demand Management sector;
    20. one representative from the Vermont Community Action Partnership; and
    21. one Vermont student currently enrolled at a Vermont academic institution.
  3. Chair of Commission and Commission Support.

    The Chair of the Commission shall be the Secretary of the Agency of Natural Resources or designee. The Chair shall name a Co-Chair and may name an Executive Committee to assist him or her with managing the Commission Charge.

    The Commission shall have the administrative, technical, and legal assistance of the Agency of Natural Resources. The Commission shall have technical assistance from the Department of Public Service; the Agency of Commerce and Community Development; and the Agency of Transportation.

  4. Authority of Agencies.

    This Executive Order shall not limit the independent authority of a State agency to promulgate regulations related to greenhouse gas emissions and climate change in Vermont.

    V Effective Date.

    This Executive Order supersedes and replaces Executive Order No. 15-12 dated December 28, 2012 (codified as Executive Order 10-40). This Executive Order shall take effect upon signing.

    Dated July 20, 2017.

10-43. (No. 13-17) [Interagency Committee on Chemical Management.

Superseded and replaced by Executive Order No. 10-46 (codified as Executive Order No. 02-19) dated March 11, 2019.

10-44. (No. 01-18) [Temporary Suspension of Heating Oil Content Requirements Due to Inadequate Supply].

WHEREAS, the State has suffered an extended period of extreme cold weather which has resulted in depleted heating fuel oil supplies posing risks to the life and safety of Vermonters, particularly our most vulnerable residents; and

WHEREAS, in consultation with the Secretary of the Agency of Natural Resources (Secretary) and the Commissioner of Public Service (Commissioner), I have determined that meeting the sulphur content limitations set forth in 10 V.S.A. § 585(b) is not feasible due to an inadequate supply of heating oil available to Essex, Caledonia, Orange, Windsor and Windham Counties; and

WHEREAS, a temporary suspension of State heating oil sulphur content limitations would provide additional flexibility for companies that deliver heating oil in both New Hampshire and Vermont to purchase fuel from either Maine or New Hampshire.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont pursuant to 10 V.S.A. § 585(e) , hereby suspend the implementation and enforcement of the sulphur content limitations for heating oil sold within the State for residential, commercial or industrial uses, including space and water heating, effective immediately and to extend no further than January 24, 2018 or such earlier date as I may determine, in consultation with the Secretary and the Commissioner, that Vermonters are no longer at risk from inadequate supply.

This Order shall take effect upon signing.

Dated January 10, 2018.

10-46. (No. 02-19) [Interagency Committee on Chemical Management; Process for Review of Chemical Recordkeeping and Reporting Requirements.

WHEREAS, Vermonters may be exposed to harmful chemicals in drinking water, food supplies, outdoor and indoor air, and in consumer products; and

WHEREAS, the State does not have sufficient information-use, volume, location and toxicity, and potential risks -about chemicals present in the State; and

WHEREAS, sufficient information about chemicals present in the State is critical to the State's ability to effectively respond to emergencies and threats to human health posed by harmful chemicals; ensure the safety of first responders; prioritize limited resources to address those chemicals that pose the greatest risk to Vermonters; assist Vermont businesses with compliance with federal and State laws related to chemical reporting and management requirements; and provide information to citizens about chemical use in the State; and

WHEREAS, Executive Order 13-17 of 2017 (2017 Order) established the Interagency Committee on Chemical Management (Committee) to evaluate chemical inventories in the State on an annual basis to identify potential risks to human health and the environment from regulated and unregulated chemicals in the State; and

WHEREAS, the 2017 Order requires the Committee to make recommendations to the Governor as to any necessary legislative or regulatory actions to reduce risks to Vermonters from unsafe chemicals on December 15, 2018, and requires a report to include, among other items, any recommended legislative or regulatory actions to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern; and

WHEREAS, the Committee met routinely and consulted with a citizen advisory panel on proposed recommendations for legislative or regulatory actions to reduce risks from chemicals, including the development of a general framework to be used by the Committee to review and analyze risks posed by chemicals in order to consider appropriate changes to applicable recordkeeping, reporting, and other technical requirements; and

WHEREAS, the Committee submitted a report to the Governor on December 15, 2018. The report included recommendations for the establishment of a more specific process for coordinated State review of the risks to human health and the environment posed by chemicals, classes of chemicals, or groupings of chemicals, including chemicals of emerging concern, that are used or proposed for use in Vermont; and

WHEREAS, the chemical review process recommended by the Committee will provide a consistent and deliberative framework for the State's evaluation of chemicals and risks posed by those chemicals and will provide a transparent and coordinated approach to identifying and implementing legislative, regulatory or other changes needed to protect Vermonters and the environment from such risks.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby amend and reaffirm the charge of the Interagency Committee on Chemical Management (Committee), as follows:

  1. Composition; Chair of Committee.

    The Committee shall consist of the following members:

    1. the Secretary of the Agency of Natural Resources or designee;
    2. the Secretary of the Agency of Agriculture, Food and Markets or designee;
    3. the Secretary of the Agency of Commerce and Community Development or designee;
    4. the Commissioner of the Department of Health or designee;
    5. the Commissioner of the Department of Labor or designee;
    6. the Commissioner of the Department of Public Safety or designee; and
    7. the Secretary of the Agency of Digital Services or designee.

      The Chair of the Committee shall be the Secretary of the Agency of Natural Resources or designee.

  2. Committee Support and Authority.

    The Committee shall have the administrative, technical, and legal assistance from the Agency of Natural Resources; Agency of Agriculture, Food and Markets; the Department of Health; the Department of Public Safety; and the Department of Labor. The Committee may obtain additional expertise and resources needed in the review of chemicals pursuant to this process.

    The Committee may develop written procedures, guidance and other resources that are necessary and appropriate to implement this Executive Order. All procedures, guidance, and other resources developed shall be made available to the public.

    The Committee may also hold public meetings to present information, take testimony or discuss and receive input on nominations for chemical review, technical report recommendations or other appropriate topics.

  3. Committee Charge and Process.

    The Committee shall make recommendations to the Governor, after consultation with a citizen advisory panel, to improve overall review and management of regulated and unregulated chemicals in the State and to improve and strengthen recordkeeping and reporting and other regulatory requirements. To meet this charge, the Committee shall:

    1. Convene a citizen advisory panel to provide input and expertise to the Committee. The panel shall consist of persons available to the Committee on an as-needed basis to the provide the following expertise:
    2. Conduct a process to review and make recommendations to improve chemical management through changes to chemical recordkeeping, reporting or other requirements, including any legislative or regulatory changes. That process shall consist of the following steps:

      (1) Nomination of Chemicals for Review.

      Nominations may be made to the Committee to review a chemical, class of chemicals, or grouping of chemicals. Nominations may be made by the Committee, members of the citizens advisory panel, or the public. Nominations shall be submitted in writing to the Committee Chair on a form to be developed by the Committee, and shall include, at a minimum and to the extent available, the following information and any supporting documentation related to the chemical or chemicals that are the subject of the nomination:

    3. Coordinate appropriate State agencies to implement the recommendations in the Committee's final report.  Any recommendation for legislative modifications or any other recommendations shall be submitted to the Governor.  A copy of any recommendations shall be submitted to the appropriate committees of jurisdiction of the General Assembly.
    4. Issue a report and make recommendations to the Governor as to any necessary legislative or regulatory actions to reduce risks to Vermonters from unsafe chemicals on December 15, 2020 and biennially thereafter or as needed based on the work of the Committee. Copies of any reports shall be provided to the appropriate committees of jurisdiction of the General Assembly.  The report shall include:

      (1) a summary of chemical use in the State based on reported chemical inventories;

      (2) a summary of identified risks to human health and the environment from reported chemical inventories;

      (3) a summary of any change under federal statute or rule affecting the regulation of chemicals in the State; and

      (4) recommended legislative or regulatory action to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern.

    1. One individual with expertise in toxicology;
    2. One individual with expertise in environmental health;
    3. One individual with expertise in maternal and child health;
    4. One individual with expertise in industrial hygiene or occupational health;
    5. One individual with expertise in human health and environmental risk assessment;
    6. One individual with expertise in manufacturing products or processes located in Vermont and subject to Vermont recordkeeping and reporting requirements;
    7. One individual with expertise in retail sales located in Vermont;
    8. One individual associated with a small business located in Vermont and subject to Vermont recordkeeping and reporting requirements;
    9. One individual associated with an academic institution with expertise in chemical management or chemical policy;
    10. One individual with expertise in environmental law;
    11. One individual with expertise in public policy, with a focus on chemical policy; and
    12. One individual with expertise in development and administration of information reporting technology or databases.
  4. Authority of Agencies.

    This Executive Order shall not limit the independent authority of a State agency to promulgate regulations related to the reporting, use, distribution, manufacture or release of chemicals or take other actions under existing State or applicable federal law.

  5. Effective Date.

    This Executive Order shall take effect upon signing and shall supersede and replace Executive Order 13-17 (codified as E.O. No. 10-43).

    Dated March 11, 2019

  1. use and risk of adverse exposure in the State;
  2. information about the potential hazards or risks;
  3. information related to releases to the environmental media (e.g., air, water, soil);
  4. the extent to which the chemical is regulated by the State, the federal government, and/or other jurisdictions where the purpose of such regulation is to address the risks posed to human health or the environment; and
  5. any other information that the Committee determines is necessary to evaluate a chemical's use in the State and/or the risks to human health and the environment posed by the chemical in the State.

    (2) Preliminary Committee Determination.

    The Committee shall determine whether the information in a nomination warrants further technical review of the nominated chemical, class of chemicals, or grouping of chemicals. The Committee may require the submission of additional information prior to making a determination. The Committee may prioritize its review of nominations, and may consider the availability of information, Committee resources, and/or other factors that may limit further review of a nomination in its determination.

    (3) Technical Team Review; Report.

    Upon a determination of further technical review, the Committee shall establish a technical team to review the nominated chemical(s) and to make recommendations for changes to legislative or regulatory standards governing use of the chemical(s). The technical team shall consist of Committee members and/or designated Committee member representatives with relevant knowledge and expertise of the nominated chemical(s) including regulation, relevant uses, and/or the risks to human health and the environment posed by the chemical(s). The technical team may obtain additional expertise, as needed.

    The technical team shall summarize its review and any recommendations in a written report. The report shall include the following information related to the chemical(s) nominated for review, as applicable and to the extent available:

    a. Current and/or expected future uses of the chemical, including a summary of estimated quantities of the chemical used, managed, or stored in association with these uses. This shall include a description of any known uses (by type) and amounts used, managed and/or stored in Vermont.

    b. Toxicity information.

    c. Routes of known and potential exposure.

    d. Known and potential impacts to public health and the environment. This shall include impacts to occupational health, public safety, and emergency response readiness.

    e. The status of applicable regulations, advisories, assessments, and/or other applicable information or data, developed by the State.

  6. The status of applicable regulations, advisories, assessments, or other applicable information or data developed by other states, the federal government or other jurisdictions.
  7. Recommendations for the development of legislative, regulatory, guidance or other changes that are appropriate to address risks posed to human health or the environment. Such recommendations may include proposals for the following or a combination thereof:

    i. use reduction and exposure reduction techniques;

    ii. alternatives to use;

    iii. adoption of recordkeeping and/or reporting requirements;

    iv. adoption of technical standards or limitations of use;

    v. additional information or technical review that may be needed;

    vi. no further action;

    vii. any other changes in regulation or policy that may appropriate to address risks posed to human health or the environment posed by the nominated chemical(s).

  8. A description of the potential impact of each recommendation, including impacts to users of the chemical(s) in Vermont, agencies or other entities that have regulatory authority over the chemical(s), and the public.

    (4) Committee Review of Technical Report; Findings.

    The Committee shall review and make findings on a report submitted by a technical team. The Committee may prioritize its review of technical reports, and may consider the availability of information, Committee resources, and/or other factors that may limit review of technical reports. The Committee may obtain additional expertise or require the submission of additional information prior to making findings on a report.

    The Committee may propose additional recommendations, including recommendation for the collection of additional information or for further technical review. The Committee shall issue its findings and a proposal for any additional recommendations in writing. The Committee's findings shall be submitted to the technical team and the citizens advisory panel and shall be made public.

    (5) Citizens Advisory Panel Review of Committee's Findings.

    The citizens advisory panel may review the findings of the Committee related to any technical report and may provide written comments to the Committee. The panel shall coordinate the review and submission of comments with the Committee prior to any final Committee action on the report.

    (6) Committee Determination on Technical Report Recommendations

    The Committee shall approve or deny, in whole or in part, any recommendations in a technical report and shall issue a written decision including findings supporting the actions taken. The Committee shall consider any comments submitted by the citizens advisory panel and the public and may address such comments in writing or in the Committee's written decision. A copy of the Committee's decision shall be made public and sent to the nominating entity, relevant executive agencies, and any other applicable entities.

10-47. (No. 08-19) [Brownfields Economic Revitalization Alliance Program.

WHEREAS, Vermont's workforce has declined significantly since the great recession with fewer Vermonters working or looking for work while employers struggle to fill good jobs; and

WHEREAS, a majority of Vermont's counties have not returned to pre-recession employment levels; and

WHEREAS, we must do more to ensure that all of Vermont's villages, towns, cities and counties have the tools to strengthen their communities and expand economic opportunity; and

WHEREAS, economic and community development is a high priority for Vermont's municipalities, employers and Vermonters; and

WHEREAS, Vermont has a number of abandoned, idled and underused industrial and commercial sites and facilities where redevelopment is difficult because of contamination (referred to as brownfields); and

WHEREAS, developers report complicated issues involved in brownfield redevelopment projects in areas where development priorities exist (i.e. designated downtowns) - including State and federal regulations and permitting requirements overseen by multiple agencies, in addition to liability, lender requirements and other legal concerns - make them more expensive and complex to pursue and develop; and

WHEREAS, the Brownfields Economic Revitalization Alliance or "BERA" has successfully utilized technical support and funding from the U.S. Environmental Protection Agency (EPA) for all of its pilot projects to date; and

WHEREAS, the EPA recognizes the importance of BERA and continues to provide technical support and funding for BERA pilot projects; and

WHEREAS, the BERA serves an essential function in coordinating and prioritizing the deployment of State and federal resources to assist and guide developers of properties facing environmental and permitting challenges in evaluating, planning, and mitigating hazards; and

WHEREAS, for Vermont to expand its economy and attract employers, the Governor has identified the need for a coordinated, predictable and transparent process for brownfield redevelopment projects while also protecting public health, safety and the environment; and

WHEREAS, in order to ensure effective and efficient planning related to hazard and environmental mitigation and permitting related to brownfields redevelopment there is a need for a "one-stop-shop" to assist landowners and developers with accessing State and federal resources, navigating regulations and permitting requirements and planning and coordinating the redevelopment of these properties on behalf of the people of Vermont.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor do hereby formally constitute the Brownfields Economic Revitalization Alliance ("BERA") Program, to coordinate, utilize and deploy all available federal, State, private sector and volunteer and non-governmental agency resources, including funding, in the remediation, permitting and redevelopment coordination of BERA Program designated properties as follows:

  1. BERA Program Governance.

    The BERA Program Executive Committee shall receive, review and act on recommendations from the BERA Working Group to designate new BERA Program projects and review progress on existing BERA Program projects as needed, but not less frequently than semi-annually.

    The BERA Program Executive Committee shall consist of three tiers of members, as follows:

    1. Secretary of the Agency of Commerce and Community Development (ACCD), the Agency of Natural Resources (ANR) and the Agency of Transportation (AOT).
    2. Not more than 12 non-governmental members appointed by the Governor, to include leaders in community planning, environmental remediation, economic development and finance, housing and commercial real estate.
    3. State program members to be identified by the BERA Program Executive Committee, to include program staff from ACCD, AOT, the Department of Environmental Conservation, the Department of Health and the Governor's Office.

      The BERA Program Executive Committee shall be chaired by the designated representative of the Department of Environmental Conservation Brownfields Program.

      The BERA Program Executive Committee may, in its discretion, consult with federal government representatives, private sector professionals and volunteer and non-governmental organizations for information and advice on best practices.

      The BERA Program Executive Committee shall provide an annual report to the Governor on the status of the Coordinated Project Plans.

  2. BERA Working Groups Charge and Process.

    The BERA Program Executive Committee shall, with respect to each designated redevelopment project, establish BERA Working Groups to support the BERA Program's mission, drawing membership from any agency or department of State government to participate in and coordinate planning, permitting and remediation activities as part of each brownfield redevelopment project. Any conflicts resulting from these cross-agency designations shall be resolved by the Governor's Director of Affordability and Economic Growth Initiatives.

    A BERA Working Group shall meet at the call of the BERA Program Executive Committee Chair as needed but not less frequently than quarterly, and consist of program staff from ANR, ACCD and AOT. The focus of BERA Working Groups shall be to identify BERA Project Team members and coordinate site characterization and project permitting and prioritize State and federal funding for remediation and redevelopment activities.

    The BERA Working Groups shall update the BERA Program Executive Committee on each Coordinated Project Plan not less than semi-annually to ensure each identified State governmental participant fulfills and executes its respective responsibilities outlined in the Plan.

  3. BERA Project Teams.

    A BERA Working Group shall designate a "Project Team" for each BERA Project to consist of stakeholders for that project such as State, federal, regional and local entities that can facilitate the successful completion of the designated redevelopment project.

    ì Single Point of Contact: The BERA Executive Committee Chair shall appoint a State BERA Project Team Lead from each BERA Working Group dedicated to be the point of contact for a BERA Project Team. The BERA Project Team Lead shall address concerns related to the designated redevelopment project as well as challenges associated with the implementation of the Coordinated Project Plan, including coordination with the federal and State agencies responsible for resources, regulation and permitting and work with other relevant cooperating federal, State and local agencies, private sector professionals and interested third parties as needed.

    ì Coordinated Project Plan: Each BERA Project Team Lead shall develop a Coordinated Project Plan (Plan) at the start of each redevelopment project. The Plan shall: 1) list the roles and responsibilities for all entities to provide resources, perform environmental reviews or grant authorizations; 2) discuss a remediation strategy; 3) outline plans and a schedule for outreach, coordination and BERA project completion; 4) set a schedule for coordinated BERA Project Team meetings; 5) identify funding opportunities and gaps; and 6) identify the point at which the BERA project is "complete," signifying the end of BERA Working Group and BERA Project Team involvement. Assignments within the Plan shall be based on functional capabilities and statutory responsibilities of each member of the BERA Project Team.

    To make the Plan viable and fulfill the mission of the BERA Program, all State governmental participants must execute their assignments when called upon.

  4. Effective Date.

    This Executive Order shall take effect upon execution and shall expire October 1, 2025, unless extended by the Governor.

    Dated October 9, 2019

10-48. (No. 04-20) [Promoting and Providing Regulatory Certainty for Recreational Trails.

WHEREAS, Vermont's landscape of forests, farms and compact downtowns and village centers and their associated outdoor recreation opportunities are major reasons why people visit and live in Vermont; and

WHEREAS, in Vermont, outdoor recreation accounts for 34,000 direct jobs and $2.5 billion in consumer spending; and

WHEREAS, our natural, cultural and physical recreation assets can and should be leveraged to sustain, grow and drive economic development in all sectors of Vermont's economy with particular attention to the segment that includes outdoor recreation industry businesses that are most closely aligned with the State's outdoor recreation brand; and

WHEREAS, those recreation assets must be wisely managed and strengthened, not only to grow the economic development potential of this sector, but to sustain and enhance the value of the Vermont brand, the experience of visitors to Vermont and Vermonters' quality of life; and

WHEREAS, outdoor recreation is critically important to the physical and mental health and wellness of Vermonters especially during the COVID-19 pandemic through exercise in the Vermont environment in a way that promotes our public health objectives; and

WHEREAS, Vermont Natural Resources Board Rule 71(A) clarifies that when a property owner authorizes a trail to be located on their property, and an Act 250 permit is required for that trail system, Act 250 jurisdiction only applies to that trail corridor; and

WHEREAS, the public would benefit from additional clarity with respect to the manner in which recreational trails are regulated through Act 250.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, and in furtherance of promoting outdoor recreation and the rural economy, do hereby order and direct as follows:

  1. The Chair of the NRB shall clarify through guidance or rulemaking:
    1. That the jurisdictional trigger for trails enrolled in the Vermont Trail System is the jurisdictional trigger that applies to the construction of improvements for municipal, county, and state purposes in 10 V.S.A. § 6001(3)(A) (v). (Meaning a VTS trail project will require 10 acres or more of actual land disturbance to trigger Act 250 jurisdiction, regardless the size of the parcel(s) the trail may cross).
    2. That the involved land for determining jurisdiction over trails enrolled in the Vermont Trail System includes only those portions of any tract or tracts of land to be physically altered or upon which construction of improvements will occur as more fully described in Act 250 Rule 2(C)(5)(b). (Meaning land not used as a part of the VTS trail improvements will not be considered when determining whether a VTS trail project triggers Act 250 jurisdiction).
    3. That once Act 250 jurisdiction is triggered, that jurisdiction only extends to the trail corridor  and  to  any  area directly   or   indirectly   impacted   by   the construction, operation, or maintenance of the trail corridor. (Meaning when Act 250 asserts jurisdiction over a VTS trail project, jurisdiction will only apply to the trail corridor and will in no way restrict or encumber lands outside the trail corridor on the parcel(s) the trail may cross).
  2. Recommendations for Future Improvements to Recreational Trail Oversight.

    On or before March 1, 2021, the Commissioner of Forests, Parks, and Recreation shall make recommendations for an alternative, best-management-practices-driven program for the oversight of planning, construction, use, and maintenance of recreational trails in the Vermont Trails System administered by the Agency of Natural Resources. These recommendations should also provide applicants clarity on how recreational trails can be constructed and operated in a manner that does not result in an undue or adverse impact to the human or natural communities where they are located. The report shall include recommendations for revisions to 10 V.S.A. chapter 20, including revisions to mapping, legislative authority to administer the program, potential funding sources, staffing needs, and whether to include other recreational trails. The recommendations should include any proposed changes to legislation to promote the construction and operation of trails in an environmentally protective manner. The Agency of Natural Resources shall consult with stakeholders including the Vermont Trails and Greenways Council in developing recommendations.

  3. Suspension of Proceedings that Address Act 250 Jurisdiction.

    Any executive branch litigant or tribunal shall take all reasonable steps to delay a final decision in any proceeding addressing Act 250 jurisdiction until the steps identified in this Executive Order take effect.

  4. Effective Date.

    This Executive Order shall take effect upon signing.

    Dated October 5, 2020

CHAPTER 11. CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS

[Reserved for future use.]

CHAPTER 11A. VERMONT BUSINESS CORPORATIONS

[Reserved for future use.]

CHAPTER 11B. NONPROFIT CORPORATIONS

[Reserved for future use.]

CHAPTER 11C. MUTUAL BENEFIT CORPORATIONS

[Reserved for future use.]

CHAPTER 12. COURT PROCEDURE

[Reserved for future use.]

CHAPTER 13. CRIMES AND CRIMINAL PROCEDURE

13-1. (No. 33-87A) [Criminal Justice Center.

Superseded and replaced by Executive Order 09-10 and 10-10 (codified as Executive Order Nos. 13-5 and 13-6), dated November 3, 2010.

13-2. (No. 17-03) [Governor's Commission on Corrections Overcrowding.

Superseded and replaced by Executive Order No. 17A-03 (codified as Executive Order No. 13-3), dated November 17, 2003.

13-3. (No. 17A-03) [Governor's Commission on Corrections Overcrowding.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

13-4. (No. 01-07) [Vermont Victim/Survivor Crime Council.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

13-5. (No. 09-10) [Vermont Center for Justice Research.

Superseded and replaced by Executive Order No. 13-7 (codified as Executive Order No. 06-14), dated November 4, 2014.

13-6. (No. 10-10) [Criminal Justice Cabinet.

Superseded and replaced by Executive Order No. 3-61 (codified as Executive Order No. 02-14), dated June 17, 2014.

13-7. (No. 06-14) [Vermont's Statistical Analysis Center.

WHEREAS, consistent and available data about the occurrence of crime and the effects of the response to crime is needed by various agencies so that policies can be coordinated and costs can be controlled; and

WHEREAS, state and local government need access to federal resources relating to the administration of criminal and juvenile justice; and

WHEREAS, the U.S. Department of Justice, Bureau of Justice Statistics ("BJS") provides funds to states' statistical analysis centers to coordinate criminal justice statistical information, to conduct research to assist criminal justice policymakers, and to serve as a liaison between the State and BJS.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby designate the Department of Public Safety as Vermont's statistical analysis center. The Center, directly or through contracted services, shall collect and analyze criminal and juvenile justice data, and produce general information and statistical reports on crime, criminal and juvenile offenders, and the administration of criminal and juvenile justice.

The Center shall be authorized, in accordance with 32 V.S.A. § 5(a) , to apply for and to receive federal and other grants and funds as may be available, including funds available from the Bureau of Justice Statistics and from the Bureau of Justice Assistance.

This Executive Order shall take effect upon signing and supersedes and replaces Executive Order 9-10 (codified as 13-5) dated November 3, 2010, on the same subject.

Dated November 4, 2014.

CHAPTER 14. DECEDENTS' ESTATES AND FIDUCIARY RELATIONS

[Reserved for future use.]

CHAPTER 14A. TRUSTS

[Reserved for future use.]

CHAPTER 15. DOMESTIC RELATIONS

15-1. (No. 10-93) [Council on Family Violence.

Superseded by Executive Order No. 11-99 (codified as Executive Order No. 15-4), dated December 8, 1999.

15-2. (No. 10-96) [Creation of Vermont Council on Family Violence.

Expired by its own terms, effective July 1998.

15-3. (No. 12-98) [Vermont Council on Family Violence.

Expired by its own terms, effective July 2000.

15-4. (No. 11-99) [Rescission of Executive Order No. 10-93.

WHEREAS, the Council on Family Violence, created by Executive Order No. 10-93, has been superseded by a similar body.

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by virtue of the power vested in me as Governor of the State of Vermont, to hereby revoke and rescind Executive Order No. 10-93, dated August 11, 1993, and relating to the Council on Family Violence.

Dated December 8, 1999.

15-5. (No. 06-00) [Vermont Council on Family Violence.

Superseded by Executive Order No. 11-01 (codified as Executive Order No. 15-7), dated December 3, 2001.

15-6. (No. 07-00) [Domestic Violence and the Workplace.

Expired by its own terms, effective October 2003.

15-7. (No. 11-01) [Creation of the Vermont Council on Domestic Violence.

Superseded and replaced by Executive Order No. 04-06 (codified as Executive Order No. 15-8), dated June 29, 2006.

History

2006. The Council created by this order, however, shall be a continuation of and successor to the Council established by Executive Order No. 11-01. Members of the Council on the effective date of this order [June 29, 2006] shall continue to serve until the expiration of their terms and may be re-appointed.

15-8. (No. 04-06) [Creation of the Vermont Council on Domestic Violence.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

15-9. (No. 02-11) [Prevention of Domestic and Sexual Violence Task Force.

Rescinded and superseded by Executive Order No. 16-11 (codified as Executive Order No. 15-10), dated November 17, 2011.

15-10. (No. 16-11) [Governor's Prevention of Domestic and Sexual Violence Task Force.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

CHAPTER 15A. ADOPTION ACT

[Reserved for future use.]

CHAPTER 15B. UNIFORM INTERSTATE FAMILY SUPPORT ACT (1996)

[Reserved for future use.]

CHAPTER 15C. PARENTAGE PROCEEDINGS

[Reserved for future use.]

CHAPTER 16. EDUCATION

16-1. (No. 11-93) [Identification of Vermont Higher Education Council as Postsecondary Review Entity.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

16-2. (No. 10-94) [Coordinating Council for Vermont Interactive Television.

Superseded and replaced by Executive Order No. 16-5 (codified as Executive Order No. 06-13), dated July 10, 2013.

16-3. (No. 13-94) [Vermont Goals 2000 Commission.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

16-4. (No. 03-09) [University of Vermont-Vermont State Colleges Task Force.

Expired by its own terms, effective March 15, 2010.

16-5. (No. 06-13) [Coordinating Council for Vermont Interactive Technologies.

WHEREAS, it is the policy of the State of Vermont to extend learning opportunities to all citizens regardless of geographic location; and

WHEREAS, the use of interactive technology for remote teaching applications has been successfully demonstrated at multiple locations throughout Vermont since 1988; and

WHEREAS, a joint private-public sponsorship coordinates Vermont's interactive technology network.

NOW, THEREFORE, BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby rename the "Coordinating Council for Vermont Interactive Television" the "Coordinating Council for Vermont Interactive Technologies," and reconstitute the Council as follows

  1. Composition and Appointments.

    The Council shall be composed of two representatives of the business community, appointed by the Governor; two representatives of the education community, appointed by the Governor; two representatives of the non-profit community, appointed by the Governor; a member of the Vermont House of Representatives, appointed by the Speaker of the House; a member of the Vermont Senate, appointed by the Committee on Committees; and a representative of the Administration, appointed by the Governor.

    Additional appointments shall be made by the Governor to fill vacancies or to respond to other critical needs.

  2. Council Process and Change.

    The Council shall meet periodically and shall make recommendations to the Secretary of Administration and to the Executive Director of Vermont Interactive Technologies concerning:

    1. policy for overall system usage and development;
    2. priorities for operational scheduling;
    3. evaluation of system performance;
    4. future development and/or system expansion;
    5. budgetary information and requirements; and
    6. development of funding alternatives.

      In addition, the Council shall maintain liaisons with appropriate legislative offices and annually advise the Governor and the General Assembly on the process and achievements of Vermont Interactive Technologies.

      Administrative support will be provided by the Agency of Administration and the Vermont State Colleges as required.

  3. Effective Date.

    This Executive Order shall take effect upon signing and shall expire on September 15, 2019.

    This Order supersedes Executive Order 10-94 (codified as No. 16-2).

    Dated July 10, 2013.

CHAPTER 17. ELECTIONS

17-1. (No. 21-86) [Provision of Nonpartisan Voter Registration Services by State Agencies.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

CHAPTER 18. HEALTH

18-1. (No. 35-79) [State Center for Health Statistics.

WHEREAS, the planning and development of an improved health care delivery system in Vermont requires data on health status and the availability of health manpower, facilities, and other health resources; and

WHEREAS, the problems of inadequate information, lack of comparability, and duplication of data collection efforts in these areas have been addressed by the Health Services Research, Health Statistics, and Medical Libraries Act of 1974 (PL 93 - 353), the National Health Planning and Resources Development Act of 1974 (PS 93 - 641), the Health Professionals Educational Assistance Act of 1976 (PL 94 - 484) and the Health Services Research, Health Statistics, and Health Care Technology Act of 1978 (PL 95 - 623); and

WHEREAS, the Health Services Research, Health Statistics and Health Care Technology Act of 1978 establishes the Cooperative Health Statistics System and requires that states participating in the system designate a state agent to administer statistical activities under the system; and

WHEREAS, the Vermont Department of Health, through its Division of Public Health Statistics, is both the primary and coordinating agency for Cooperative Health Statistics System activities within Vermont;

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the authority vested in me as Governor, in order to carry into effect the action referred to above, do hereby designate the Vermont Department of Health as the Official State Center for Health Statistics in Vermont.

Dated July 18, 1979.

History

Reference in text. The Health Services Research, Health Statistics, and Medical Libraries Act of 1974, referred to in the second paragraph of this order, is codified as 42 U.S.C. §§ 235, 242b, 242c, 242k-242 o , 253b, 254b, 280b, 280b-1, 280b-2, 280b-4, 280b-5 and 280b-7-280b-11.

The National Health Planning and Resources Development Act of 1974, referred to in the second paragraph of this order, is codified principally to 42 U.S.C. §§ 300e-4, 300k, 300k-1-300k-3, 300 l -300 l -5, 300m-300m-5, 300n-300n-5, 300q-300q-2, 300r, 300s, 300s-5 and 300t.

The Health Professionals Educational Assistance Act of 1976, referred to in the second paragraph of this order, is codified principally to 42 U.S.C. §§ 201, 246, 247c, 254d-254k, 263c, 292a-292k, 293-293c, 294-294p, 294z, 294aa, 295e-1-295e-4, 295f-295f-2, 295g-295g-10, 295h-1a-295h-7, 297, 300a, 300f, 300 l -1, 300n and 300s-3.

The Health Services Research, Health Statistics and Health Care Technology Act of 1978, referred to in the second and third paragraphs of this order, is codified principally to 42 U.S.C. §§ 210, 229c, 242k, 242m-242 o , 289k, 289 l -1, 292e, 292h, 295f-1, 295f-2, 295g-2, 295g-8, 295h-2, 4362a, 7411, 7412, 7417 and 7617.

18-2. (No. 42-79) [State Employee Medical Benefit Plan Special Fund.

WHEREAS, the State of Vermont is obligated to provide a certain program of medical care benefits to its eligible employees, and

WHEREAS, the state wishes to self-fund this program to achieve greater economic benefits for itself and its employees, and

WHEREAS, the state has contracted with a medical care benefit plan administrating company to administer the plan on behalf of the state, effective January 1, 1980, and

WHEREAS, to facilitate the administration of such health benefit plan, the state desires to establish a special fund account with the State Treasury,

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the authority vested in me as Governor, do hereby order and direct that:

  1. A special fund entitled "State Employee Medical Benefit Plan Special Fund" be established and a depository designated by the State Treasurer; and
  2. The health insurance premium equivalents paid both by the state and its employees covering the period starting January 1, 1980 be deposited to this Special Fund as soon as practical after each pay period, and
  3. Any interest or other earnings of the Special Fund shall be deposited into the Special Fund, and
  4. Withdrawals from the Special Fund shall be made only for the purpose of paying medical benefits in accordance with the provisions of the state employees medical benefit plan and for paying certain administrative costs associated with the medical benefit plan which are determined appropriate by the Secretary of Administration.

    FURTHER, BE IT ORDERED:

    That the operation of this Special Fund be subject to the same legal compliance responsibilities and accountabilities as other state accounts under the direction of the State Treasurer, and

    That appropriate and timely reports of Special Fund activity, including deposits, earnings, and withdrawals, be made by the Commissioner of Finance and the State Treasurer to the Secretary of Administration who shall have overall responsibility for the operation of the medical benefit plan and this Special Fund.

    Dated November 30, 1979.

18-3. (No. 48-80) [State Employee Dental Assistance Plan.

WHEREAS, the State of Vermont is obligated to provide a certain program of dental care benefits to its eligible employees, and

WHEREAS, the State has contracted with a licensed insurance company to provide these dental benefits beginning July 6, 1980, and

WHEREAS, the State wishes to achieve economic benefits for itself by choosing a minimum premium type funding, and

WHEREAS, such minimum premium insured plan requires certain special banking arrangements,

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the authority vested in me as Governor, do hereby order and direct that:

  1. A special fund entitled "State of Vermont Employee Dental Assistance Plan" be established and a depository designated by the State Treasurer; and
  2. The portion of the total plan cost designated by the insurance company be deposited to this special fund at the required intervals as necessary reserves for claims; and
  3. A separate account be established by the Treasurer in a bank designated by the insurance company to facilitate the operation of the claim payment system established by the insurer.

    FURTHER, BE IT ORDERED:

    That the operations of these Special Fund accounts be subject to the same legal compliance responsibilities and accountabilities as other state accounts under the direction of the State Treasurer, and

    That appropriate and timely reports of account activity, including deposits, earnings and withdrawals, be made by the Commissioner of Finance and the State Treasurer to the Secretary of Administration who shall have overall responsibility for the operation of the dental assistance plan and this Special Fund.

    Dated May 7, 1980.

History

Editor's note. The reference to the commissioner of finance in the last paragraph of this order is obsolete. The commissioner of finance was redesignated as the commissioner of finance and information support by 1983, No. 195 (Adj. Sess.), § 5(b).

Executive Order No. 35-87 provided for the abolition of the department of finance and information support and the transfer of all of the duties, responsibilities and authority of that entity to the department of finance and management as established by the order; however, duties of the department of finance and information support relating to data processing are transferred to the department of general services as established by the order.

Executive Order No. 35-87 further provided for the redesignation of the position of commissioner of the department of finance and information support as the commissioner of finance and management and the redesignation of the position of deputy commissioner of the department of finance and information support as the deputy commissioner of the department of general services.

The department of general services, referred to throughout this order, was renamed the department of buildings and general services by 1995, No. 148 (Adj. Sess.), § 4(c)(2).

By its own terms, Executive Order No. 35-87 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 1 of this appendix.

18-4. (No. 73A-89) [Compensation of Members of Vermont Mental Health Planning Council.

Rescinded by Executive Order 6-99 (codified as Executive Order No. 18-12), dated June 11, 1999.

18-5. (No. 14-91) [Rabies Task Force.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

History

2003. The commissioner of agriculture, referred to in the seventh paragraph of this order, was renamed the secretary of agriculture by 2003, No. 42 , § 2.

The commissioner of agriculture, referred to in the seventh paragraph of this order, was renamed the commissioner of agriculture, food and markets by 1989, No. 256 (Adj. Sess.), § 10(a).

18-6. (No. 01-92) [Transfer of Governor's Council on Physical Fitness and Sports from Department of Forests, Parks and Recreation to Department of Health.

WHEREAS, The Governor's Council on Physical Fitness and Sports was created through Executive Order by Governor Snelling in 1981 and given legislative authority by Act 173 in 1985; and

WHEREAS, the Council has been attached since its beginning to the Department of Forests, Parks and Recreation for administrative purposes; and

WHEREAS, there has been a significant growth of public interest in health and fitness since the Council began; and

WHEREAS, the Council has a number of programs that are helping to further promote fitness and health among Vermonters; and

WHEREAS, the Department of Health is in a better position to provide the support that the Council needs to further its goals;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by virtue of the power vested in me as Governor, do hereby order as follows:

The Governor's Council on Physical Fitness and Sports is transferred from the Department of Forests, Parks and Recreation to the Department of Health for administrative purposes.

This Executive Order shall take effect upon signing.

Dated January 14, 1992.

History

Reference in text. The reference to Act 173 in the first paragraph of this order is a reference to 1985, No. 173 (Adj. Sess.), which added 10 V.S.A. § 2605.

18-7. (No. 03-93) [Drug Utilization Review Board.

Superseded and replaced by Executive Order 08-10 (codified as Executive Order No. 33-20), dated September 8, 2010.

18-8. (No. 03-94) [Drug Policy Cabinet.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

18-9. (No. 07-94) [Pilot Program to Eliminate Lead-Based Paint Hazards in Housing.

WHEREAS, the State of Vermont has received a grant of $2,534,293 from the U.S. Department of Housing and Urban Development ("HUD") to eliminate lead-based paint hazards in housing which is, or will be, occupied by children under the age of six (the "HUD Grant"); and

WHEREAS, the Vermont Housing and Conservation Board ("Board") is a public instrumentality of the State of Vermont established to create affordable housing and preserve agricultural land, historic properties, important natural areas and recreational lands; and

WHEREAS, the Board, in active partnership with the Department of Housing and Community Affairs ("DHCA"), the Department of Health ("DOH") and the Vermont Housing Finance Agency ("VHFA"), has implemented a policy which requires grantees to develop housing which is lead safe for children under six; and

WHEREAS, the HUD Grant will allow Vermont to start a pilot program to provide grants and loans to property owners to eliminate lead-based paint hazards in approximately 500 rental housing units and five owner-occupied single-family homes throughout the state; and

WHEREAS, effective and timely implementation of the HUD Grant will be a major step toward guaranteeing all Vermont children a lead-safe home and complementing the work already begun by the Board, DHCA, VHFA, DOH Childhood Lead Poisoning Prevention Program, the Abatement Coordination Team and the Lead Paint Hazard Commission.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby order the following actions:

The Vermont Housing and Conservation Board (hereinafter the "Board") is authorized to sign a Grant Agreement with the U.S. Department of Housing and Urban Development ("HUD") for the purpose of receiving HUD funds under the Lead-Based Paint Hazard Reduction Grant Program (the "HUD Grant"). The Board is authorized to use the HUD Grant to establish and administer a Vermont program to eliminate lead-based paint hazards in housing which is, or will be, occupied by children under age six.

The Board shall work closely with DHCA, the Department of Health Childhood Lead Poisoning Prevention Program and the Abatement Coordination Team to develop and manage a successful Pilot Program for Vermont and, as part of its Annual Report to the General Assembly, shall include a description of activities supported by the HUD Grant.

This Executive Order shall take effect upon signing.

Dated April 24, 1994.

18-10. (No. 09-96) [Governor's Health Care Financing Review Panel.

Expired by its own terms, effective January 1, 1997.

18-11. (No. 13-98) [Commission on Public Health Care Values and Priorities.

Superseded by Executive Order No. 02-01, effective January 23, 2001.

18-12. (No. 06-99) [State Program Standing Committee.

WHEREAS, the Department of Developmental and Mental Health Services (DDMHS) promulgated regulations that require DDMHS to establish a State Program Standing Committee for each population receiving funding from DDMHS; and

WHEREAS, each State Program Standing Committee has specific responsibilities for monitoring and evaluating the service system as well as for planning and decision-making with regard to DDMHS policy; and

WHEREAS, these Standing Committees share many of the responsibilities of the current seven-member Board of Mental Health; and

WHEREAS, on November 7, 1998, the Board of Mental Health approved a motion to advise the Commissioner of Developmental and Mental Health Services to disband the Board of Mental Health.

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by the power vested in me as Governor of the State of Vermont, to hereby rescind Executive Order #73A-89, dated March 13, 1989.

The State Program Standing Committees will assume the functions of the Planning Council referred to in Executive Order #73A-89. Current members of the Board of Mental Health will be offered slots on the new State Program Standing Committees.

Dated June 11, 1999.

18-13. (No. 02-01) [Commission on Public Health Care Values and Priorities.

Expired by its own terms, effective July 1, 2002.

18-14. (No. 04-01) [Bipartisan Commission on Health Care Availability and Affordability.

Expired by its own terms, effective June 30, 2002.

18-15. (No. 10-02) [Reestablishment of the Commission on Public Health Care Values and Priorities.

Expired by its own terms, effective January 1, 2003.

18-16. (No. 01-06) [Hunger Task Force.

Expired by its own terms, effective November 15, 2009.

18-17. (No. 08-09) [Governor's Health Care Cabinet.

Superseded and replaced by Executive Order No. 06-10 (codified as Executive Order No. 18-19), dated July 30, 2010.

18-18. (No. 11-09) [Interagency Council on Hunger.

WHEREAS, the Governor's Hunger Task Force confirms that hunger is a fact of life for many Vermonters; and

WHEREAS, the current economic situation has increased the ranks of Vermonters who cannot purchase sufficient food to avoid hunger and its consequences; and

WHEREAS, the consequences of inadequate access to nutritious foods and a healthful diet have been shown to contribute to decreased ability to perform in school or on the job and to chronic health problems throughout life, such as diabetes, cardiovascular disease, and obesity; and

WHEREAS, solving the problem of hunger in Vermont will require several agencies, departments and community agencies to work closely together.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish an Interagency Council on Hunger. The Council shall be advisory to the Governor and shall have the following functions and duties:

  1. to monitor hunger in Vermont and analyze factors contributing to its causes;
  2. to the extent to which public and private sector programs and services are addressing the problem of hunger in Vermont; and
  3. to recommend, coordinate, and support actions that can be taken, sustained or expanded by agencies and individuals in the public and private sectors to reduce hunger in Vermont.

    The Council shall consist of no more than ten members and shall be composed as follows:

    ì The Secretary of the Agency of Human services, or his/her designee, who shall serve as Chair;

    ì The commissioner of Education, or his/her designee;

    ì The Commissioner of the Department of Children and Families, or his/her designee;

    ì The Secretary of the Agency of Agriculture, Food and Markets, or his/her designee;

    ì One representative from the ecumenical sector appointed by the Governor to a three year term;

    ì One representative from a Community Action Agency appointed by the Governor to a three year term; and

    ì Four individuals appointed by the Governor to three year terms who represent private agencies and programs that provide services to low-income Vermonters, as follows: one shall be a statewide organization with an anti-hunger focus; one shall be an organization that provides services to a vulnerable population such as elders, disabled or homeless persons; and two shall be organizations that work directly with and represent people who are low income and likely to be affected by hunger.

    The Chair may call upon other persons or organizations as needed to assist the Council in its endeavors. The Council may establish sub-committees for the effective discharge of its responsibilities.

    The Agency of Human Services shall provide administrative and staff support to the Council.

    This Executive Order shall take effect upon signing and shall expire on November 30, 2015, unless extended.

    Dated November 12, 2009.

18-19. (No. 06-10) [Governor's Health Care Cabinet.

Expired by its own terms, effective June 30, 2011.

18-20. (No. 10-11) [Blue Ribbon Commission on Nursing.

Expired by its own terms, effective September 30, 2012.

18-21. (No. 12-11) [Designation of VSH at Springfield, Vermont.

Revoked and rescinded by Executive Order No. 01-15 (codified as Executive Order 3-66), dated February 13, 2015.

18-22. (No. 07-13) [Governor's Health Care Workforce Work Group.

WHEREAS, successful transformation of Vermont's health care system is essential to improve the access to care for, and the quality of care provided to, Vermonters; and

WHEREAS, to achieve this transformation depends on having a health care workforce with the right skills in the right place at the right time; and

WHEREAS, a properly equipped health care workforce will require health reform initiatives that cut across traditional lines of state agency and department responsibility and will require maximum involvement of the community of educational and health professional stakeholders.

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Governor's Health Care Workforce Work Group as set forth below.

  1. Composition, Appointments, Process.

    The Secretary of Administration shall select and appoint the members of the Workforce Work Group, as called for in the Health Care Workforce Strategic Plan, dated January 15, 2013, and adopted by the Green Mountain Care Board. The Work Group shall include state government interagency representation as well as representation from health care employers, clinicians, membership organizations, secondary and higher education, and other relevant interest groups.

    Each member of the Work Group shall serve a three-year term and may be reappointed to subsequent terms by the Secretary.

    The Work Group shall have two co-chairs, one selected by the Secretary of Administration and one elected by the members of the Work Group from among its members. The Work Group shall designate the term of each chair.

    The Work Group shall meet at the call of the co-chairs.

    Administrative and staff support shall be provided by the Agency of Administration.

  2. Charge.

    The Work Group shall be advisory to the Governor and the Secretary of Administration and shall:

    1. provide statewide direction and planning for health workforce initiatives and activities;
    2. monitor health workforce trends and needs;
    3. develop strategic health workforce objectives and activities that could be pursued by state government and stakeholders;
    4. advise the Secretary of Administration and relevant state agencies on the development of short and long term workforce supply, demand, and performance measures in order to provide the information needed for strategic workforce development and investment;
    5. research and recommend to the Governor and the Secretary public and private opportunities for funding health workforce initiatives;
    6. serve as the workforce advisory group for the State Innovation Model grant; and
    7. report at least annually to the Governor and the Secretary on progress in developing a health workforce and provide workforce recommendations to ensure health care reform success.
  3. Effective Date.

    This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor.

    Dated August 1, 2013

CHAPTER 19. HIGHWAYS

19-1. (No. 12-91) [Functions of Division of Planning, Agency of Transportation.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

19-2. (No. 04-94) [Designation of Agency of Transportation as Administrator of Highway Safety Program.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

19-3. (No. 07-01) [Conservation of land in and around interstate interchanges.

Expires by its own terms, effective October 1, 2010.

History

2003. The department of agriculture, food and markets, referred to in the paragraph 9 of this order, was renamed the agency of agriculture, food and markets by 2003, No. 42 , § 3.

19-4. (No. 02-03) [Governor's Highway Safety Program.

Superseded by Executive Order No. 19-5 (codified as Executive Order No. 02-15), dated March 20, 2015.

19-5. (No. 02-15) [Governor's Highway Safety Program.

WHEREAS, the Governor is responsible for administering the State's Highway Safety Program and may designate an appropriate agency and representative to implement the program;

WHEREAS, the Governor's Highway Safety Program currently resides at the Department of Public Safety;

WHEREAS, since 2012, the Agency of Transportation ("VTrans") has had a leadership role in the formation of Vermont's Highway Safety Alliance, and currently implements highway safety improvements throughout the transportation network; and

WHEREAS, VTrans is now is required by Section 1203 of the Moving Ahead for Progress in the 21st Century Act, Pub. L. No. 112-141 (2012) ("MAP-21") to meet federal highway safety performance measures and to implement a highway safety improvement program.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby designate the Agency of Transportation as the appropriate agency to implement the State's Highway Safety Program, and do further designate the Secretary of Transportation as the Governor's Representative for Highway Safety.

This Executive Order supersedes Executive Order 19-4 (codified as 02-03) dated March 20, 2003, on the same subject.

Dated March 20, 2015

19-6. (No. 04-19) [Remove Portion of US Route 5 from Limited Access Facility.

WHEREAS, a certain portion of the state-owned highway known as US Route 5 located in the Town of Putney, County of Windham and State of Vermont, described more particularly below, is presently under the jurisdiction and control of the Agency of Transportation (VTrans); and

WHEREAS, this certain portion of US Route 5 and land surrounding it as described below is located within the boundaries of a Limited Access Facility, as defined in 19 V.S.A Chapter 17; and

WHEREAS, in 19 V.S.A §1702 a Limited Access Facility is defined as a highway or street over, from, or to which owners, or occupants of abutting land, or any other person have no right, or easement, or only a limited right, or easement, of access, light, air, or view by reason of the fact that their property abuts upon the limited access facility or for any other reason; and

WHEREAS, an abutting landowner, Putney Landing Apartments, wishes to construct a drive for access, ingress and egress for its property to and from US Route 5 within this certain portion of US Route 5 that is currently within the afore-mentioned Limited Access Facility; and

WHEREAS, VTrans has determined that this certain portion of US Route 5 as described below is no longer necessary for Limited Access Facility purposes; and

WHEREAS, VTrans desires to change the boundaries of the Limited Access Facility right-of-way to reduce the Limited Access to allow the abutting landowner, Putney Landing Apartments, to build and have access to a drive in the normal US Route 5 right-of-way; and

WHEREAS, the current Limited Access Facility right-of-way ends at stations 466+00 RT and 465+42 LT; and

WHEREAS, with the change of boundaries, the new Limited Access Facility right-of-way end stations will be 463+00 RT and LT.

NOW THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby change, amend and modify the boundaries of the Limited Access Facility right-of-way to remove real property from the Limited Access Facility, described as follows:

Being part of the same land and premises conveyed to the State of Vermont, by Condemnation Order for Transportation Project Brattleboro-Rockingham I 91-1 (8) dated June 5, 1959 and recorded in Book 35, Pages 156-170 of the Town of Putney land records and being more particularly described as follows;

Being a parcel of land, as shown on the plat entitled "State of Vermont Department of Highways Interstate Project in the towns of Brattleboro-Dummerston-Putney, The Clarkson Engineering Co., Inc, Consulting Engineers, Project No. I-91-1 (8) Sheet 67 of 530."

Parcel A: Beginning at a point in the easterly boundary of the present highway State Aid Road No. 2, 460 feet distant southerly, radially from the approximate survey station 968+69 of the established centerline of Highway Project Brattleboro-Rockingham I 91-1 (8); thence 1375 feet, more or less, northerly in said easterly highway boundary to a point in the believed property line between Roman Catholic Diocese of Burlington, Vermont and Esther T. and Homer E. Barton to a point 47 feet distant easterly, radially from approximate side line survey station 465+90 of said established centerline; thence 32 feet, more or less, easterly in said believed property line to a point 80 feet distant easterly, radially from approximate side line survey station 466+00 of said established centerline; thence 472 feet, more or less, southerly to a point 155 feet distant easterly at right angle from approximate side line survey station 461+00 of said established centerline; thence 100 feet, more or less, southerly to a point 260 feet distant northerly, radially from approximate survey station 966+79 of said established centerline; thence 540 feet, more or less, easterly to a point in the believed property line between Roman Catholic Diocese of Burlington, Vermont and Windham College, 365 feet distant northerly, radially from approximate survey station 971+68 of the established centerline; thence 160 feet, more or less, southerly in said believed property line to a point 214 feet distant northerly, radially from approximate survey station 971+48 of said established centerline; thence 214 feet, more or less, easterly in said believed property line to a point 257 feet distant northerly, radially from approximate survey station 973+44 of said established centerline; thence 738 feet, more or less, southeasterly to a point in the center of Sacketts Brook and in the believed between Roman Catholic Diocese of Burlington, Vermont and Congregational Church Society of Putney, 250 feet distant northerly, radially from approximate survey station 980+73 of said established centerline; thence 1,045 feet, more or less, southerly in said believed property line and in the center of Sacketts Brook, aforesaid, to a point 319 feet distant southwesterly, radially from approximate survey station 983+32 of said established centerline; thence 175 feet, more or less, northwesterly to a point 20 feet distant southwesterly, radially from survey station 982+00 of said established centerline; thence 972 feet, more or less, northeasterly to a point 150 feet distant southerly, radially from survey station 972+24 of said established centerline, thence 217 feet, more or less, easterly to a point 150 distant southerly, radially from survey station 970+0 of said established centerline; thence 200 feet, more or less, southeasterly to a point 216 feet distant southerly, radially from survey station 968+00 of said established centerline; thence 40 feet, more or less, southwesterly to a point 250 feet distant southerly, radially from survey station 967+85 of said established centerline; thence 137 feet, more or less, southeasterly to a point 375 feet distant southerly, radially from survey station 968+50 of said established centerline; thence 90 feet, more or less, southerly to the point of beginning. Said parcel to contain 8.5 acres, more or less.

Parcel B: Beginning at a point in the westerly boundary of the present highway, State Aid Road No. 2, 68 feet distant westerly, radially from side line survey station 462+30 of said established centerline; thence 68 feet, more or less, northwesterly to a point 100 feet distant westerly, radially from survey station 462+87 of said established centerline; thence 255 feet, more or less, northerly to a point in the believed property line between Roman Catholic Diocese of Burlington, Vermont and land of State of Vermont, 77feet distant westerly radially from approximate side line survey station 465+32 of said established centerline; thence 44 feet, more or less, northeasterly in said believed property line to a point in the westerly boundary of the present highway, State Aid Road No.2, aforesaid, 34 feet distant westerly, radially from approximate side line survey station 465+42 of said established centerline; thence 322 feet, more or less, southerly in said westerly highway boundary to the point of beginning. Said parcel to contain 0.28 acre, more or less.

Dated July 9, 2019

CHAPTER 20. INTERNAL SECURITY AND PUBLIC SAFETY

20-1. (No. 67-82) [Cadre of the Vermont State Guard.

WHEREAS, the Reserve Components of the military services, including the National Guard of the State of Vermont, are now considered to be the immediate back-up force of the Active Armed Forces; and

WHEREAS, on short notice, the National Guard of the State of Vermont could be deployed out of Vermont in order to back-up the Active Armed Forces; and

WHEREAS, once the Vermont National Guard has been mobilized and departs the state, the State of Vermont loses its effective back-up force for public safety and the security of the state; and

WHEREAS, in order to be duly prepared for an emergency situation,

NOW, THEREFORE, I, Richard A. Snelling, Governor of the State of Vermont, under and by virtue of the authority vested in me by the Constitution and the Laws of the State of Vermont, order as follows:

SEC. (1) The Cadre of the Vermont State Guard is organized.

SEC. (2) The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to organize and maintain the formation of the Vermont State Guard Cadre in an inactive status without pay, to serve for an indefinite period and until relieved by proper authority.

Dated April 26, 1982.

20-2. (No. 12-85) [Activation of Vermont National Guard for Assistance of Civilian Authorities in City of Barre.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-3. (No. 51-87) [Order Into Service of Vermont National Guardsmen for Assistance to Civilians and Authorities of State and Bennington County.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

History

Reference in text. Sections 366 and 601 of Title 20, referred to in the last sentence of this order, contain provisions relating to authorization and time for activating the national guard. For provisions relating to pay for national guardsmen, see § 603 of Title 20.

20-4. (No. 58-88) [Veterans' Advisory Council.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

20-5. (No. 77-89) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Washington County.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-6. (No. 82-90) [Designation of Vermont State Police as State Clearinghouse for Missing and Exploited Children.

WHEREAS, the Missing Children's Assistance Act, passed by the United States Congress in 1984, established a National Center for Missing and Exploited Children; and

WHEREAS, the National Center is designed to help in establishing, maintaining and providing support information networks for state clearinghouses on missing and exploited children; and

WHEREAS, a state clearinghouse is necessary in order to maintain records, disseminate information on reported missing children and to assist local, state and federal agencies as well as family members on cases relating to missing and exploiting children; and

WHEREAS, each state clearinghouse serves as a state based extension of the national effort to provide training, education, and public information relating to missing and exploited children; and

WHEREAS, the Vermont General Assembly by enactment of Title 20, chapter 112, has mandated that the Commissioner of the Department of Public Safety cooperate with and support all law enforcement agencies in matters relating to missing persons, and when necessary in order to protect a missing person from harm, to coordinate all efforts to search for the missing person.

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the powers vested in me as Governor of the State of Vermont, do hereby designate the Vermont State Police, Department of Public Safety, as the state clearinghouse for missing and exploited children. The Vermont State Police shall contract with the National Center for Missing and Exploited Children and coordinate with other state clearinghouse agencies in order to receive and provide training, education, and public information relating to missing and exploited children.

This Executive Order takes effect upon signing.

Dated January 12, 1990.

History

Reference in text. The Missing Children's Assistance Act, referred to in the first paragraph of the order, is codified as 42 U.S.C. § 5771 et seq.

20-7. (No. 06-91) [Utilization of National Guard to Carry Out Vermont's Drug Enforcement Support Plan.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-8. (No. 03-95) [Activation of National Guard to Assist Vermont State Police and the City of Burlington.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-9. (No. 04-95) [Declaration of State of Emergency for Caledonia, Chittenden, Essex, Lamoille, Orleans and Washington Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-10. (No. 05-95) [Activation of National Guard to Assist State and Local Officials in Stabilizing Conditions Resulting From Flooding.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-11. (No. 08-96) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for State of Vermont.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-12. (No. 11-96) [Declaration of State of Emergency for Windham and Windsor Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-13. (No. 12-96) [Activation of National Guard to Assist in Flood Recovery Operations in Windham County.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-14. (No. 01-97) [Declaration of State of Emergency for Franklin, Lamoille, and Orleans Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-15. (No. 02-97) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Franklin, Lamoille, and Orleans Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-16. (No. 01-98) [Declaration of State of Emergency for Grand Isle County.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-17. (No. 02-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Grand Isle County.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-18. (No. 03-98) [Declaration of State of Emergency for Chittenden, Franklin, and Addison Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-19. (No. 04-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Chittenden, Franklin, and Addison Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-20. (No. 06-98) [Declaration of State of Emergency for Addison, Orange, Washington, and Windsor Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-21. (No. 07-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Addison, Orange, Washington, and Windsor Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-22. (No. 08-99) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Town of Springfield.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-23. (No. 09-99) [Activation of National Guard to Assist in Recovery Operations and Security in Town of Springfield.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-24. (No. 10-99) [Vermont National Guard Trust Fund.

WHEREAS, upon deactivation of the members of the Vermont Army National Guard after World War I, the company funds of various units comprising the First Infantry Regiment, Vermont National Guard, were turned over to the federal government, more specifically the War Department (the forerunner of the Department of Defense);

WHEREAS, in 1927, the War Department returned the company funds to the Adjutant General for the Vermont Army National Guard, Brigadier General Herbert T. Johnson, to benefit the present and future elements of any reconstituted and/or reactivated regiment;

WHEREAS, in 1927, the Honorable John E. Weeks, Governor of the State of Vermont, by special order 54, dated 21 June 1927, created a special committee to review the receipt of these funds and to make recommendations;

WHEREAS, on 30 June 1927, upon the recommendation of the special committee, the Governor established the 172d Infantry Memorial Trust Fund;

WHEREAS, the 172d Infantry constituted the reorganized units of Vermont National Guard units that served in World War I;

WHEREAS, on 1 July 1960, the fund was redesignated by Executive Order (no number) of the Honorable Robert T. Stafford, Governor of the State of Vermont, as the "Vermont Army National Guard Memorial Trust Fund;"

WHEREAS, as of this date, the "Vermont Army National Guard Trust Fund" is still a functional fund but with the changes in the force structure over the last 40 years, there is a need to revise the fund.

NOW THEREFORE, BE IT RESOLVED, that I, Howard Dean, by virtue of the power vested in me as Governor, do hereby reconstitute the "Vermont Army National Guard Memorial Trust Fund" as the "Vermont National Guard Trust Fund" (hereinafter referred to as the "Trust") and establish a Trust Fund Board with the duties and responsibilities as follows:

  1. The Trust will be for the benefit of all members of the Vermont National Guard.
  2. The Trust Fund Board will be chaired by the Adjutant General for the State of Vermont, and be comprised of the Deputy Adjutant General for the State of Vermont, the Vermont Army National Guard Assistant Adjutant General, and the Air National Guard Assistant Adjutant General.  A majority of the sitting members shall constitute a quorum and action taken by the board under the provisions of this Executive Order may be authorized by a majority of members present and voting at any regular or special meeting.  The members of the board will not receive any remuneration for their participation on the board except for the reimbursement of reasonable business expenses and/or operational costs.
  3. The Trust Fund shall be administered by the board and effectuate the policies and purposes of this Executive Order. Deposits to the currently existing monies shall be made to the fund from moneys appropriated thereto by the general assembly from time to time and from any other source, private or public, as approved by the board.  Unexpended balances and any earnings shall not revert to the general fund but shall remain in the fund for use in accord with the purposes of this Executive Order.
  4. The original purpose of the Fund was to benefit the members of the Vermont National Guard in time of federal activation during an emergency and, in keeping with that purpose, the fund will continue to be used for members of the Vermont National Guard in times of federal activation during emergencies, war, rebellion, humanitarian effort, operations other that war and in times of state active duty.  The board will establish rules and regulations governing the expenditure of funds under these conditions.
  5. In further keeping with the original intent of the fund, the Board may disburse part of fund as a discretionary fund to be used for the purpose of the betterment of the members of the Vermont National Guard.  But under no circumstance will this allocation and disbursement reduce the total fund to an amount lower than $30,000, an amount to be used for the purposes stated in paragraph 4 above.
  6. The Fund, principle and interest, will be invested and reinvested in commercially reasonable investment vehicles as approved by the Board.
  7. If the Board deems necessary, the Board may contract with and/or hire investment consultants, brokers, counselors, or the like and the cost therefore, will be borne by the fund.

    This Executive Order shall take effect upon signing.

    Dated October 8, 1999.

20-25. (No. 05-00) [Declaration of State of Emergency and Activation of Emergency-Disaster Preparedness Plan for Addison, Bennington, Windham and Windsor Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-26. (No. 10-01) [Reconstitution of the Vermont Terrorism Task Force.

Superseded by Executive Order No. 01-03 (codified as Executive Order No. 20-29), dated February 20, 2003.

20-27. (No. 04-02) [Reestablishment of the Veterans Advisory Council.

Superseded by Executive Order No. 08-03 (codified as Executive Order No. 20-30), dated May 13, 2003.

20-28. (No. 05-02) [Declaration of State of Emergency for the County of Caledonia.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-29. (No. 01-03) [Governor's Homeland Security Advisory Council.

Superseded and replaced by Executive Order No. 29-48 (codified as Executive Order No. 04-13), dated April 4, 2013.

20-30. (No. 08-03) [Governor's Veterans Advisory Council.

Superseded and replaced by Executive Order No. 20-54 (codified as Executive Order No. 17-17), dated October 3, 2017.

20-31. (No. 03-05) [Designation Of The National Incident Management System (NIMS) As The Basis For All Incident Management In The State.

Superseded and replaced by Executive Order No. 07-12 (codified as Executive Order No. 20-45), dated April 12, 2012.

20-32. (No. 05-05) [Activation of National Guard to Assist in Hurricane Recovery Operations and Security in the State of Louisiana.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-33. (No. 02-06) [Vermont Communications Board.

Superseded and replaced by Executive Order No. 20-35 (codified as Executive Order No. 08-07), dated November 14, 2007.

20-34. (No. 04-07) [Declaration of State of Emergency and Activation of Emergency Operations Plan for State of Vermont.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-35. (No. 08-07) [Vermont Communications Board.

Superseded and replaced by Executive Order No. 04-08 (codified as Executive Order No. 20-36), dated October 28, 2008.

20-36. (No. 04-08) [Vermont Communications Board.

Superseded and replaced by Executive Order No. 20-44 (codified as Executive Order No. 02-12), dated January 17, 2012.

20-37. (No. 05-08) [Declaration of State of Emergency and Activation of Emergency Operations Plan for Bennington, Orange, Windham, and Windsor Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

20-38. (No. 03-11) [Declaration of Emergency.

Pursuant to the authority vested in me as Governor of Vermont under 20 V.S.A. Section 9, and as a result of excessive wind and rainfall combined with water runoff and resulting damages which occurred beginning April 23, 2011 and considered ongoing at this time, I hereby declare a State of Emergency for the State of Vermont.

I further order and direct the activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to alleviate hardship and suffering of citizens and communities impacted by the emergency event.

This Executive Order shall take effect upon signing.

Dated May 5, 2011.

ADDENDUM TO EXECUTIVE ORDER No. 03-11

Pursuant to 20 V.S.A. § 13 , I, Peter Shumlin, hereby proclaim that the state of emergency declared in Executive Order #03-11, dated May 5, 2011, has terminated effective June 6, 2011 at 11:59 PM.

Dated June 8, 2011.

20-39. (No. 04-11) [Champlain Flooding Guard Call-Out.

WHEREAS, on May 5, 2011, there exists an emergency within the State, to wit, flooding along the shores of Lake Champlain affecting Grand Isle, Franklin, Chittenden, and Addison Counties.

NOW, THEREFORE, I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution and laws of the State of Vermont, including Chapter II, Section 20, of the Constitution of the State of Vermont, and Title 20 V.S.A. §§ 601 and 603, hereby order as follows:

SEC. (1) The National Guard of the State of Vermont is called out.

SEC. (2) The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to alleviate hardship and suffering of citizens and communities in Vermont that are impacted by flooding.

SEC. (3) In furtherance of the authorization and direction contained in SEC. (2) hereof, the Adjutant General is authorized to use such of the National Guard of the State of Vermont as he may deem necessary.

SEC. (4) I HEREBY AUTHORIZE AND DIRECT THE Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority.

Dated May 5, 2011.

ADDENDUM TO EXECUTIVE ORDER No. 04-11

WHEREAS, pursuant to Executive Order 04-11, the National Guard of the State of Vermont has provided services in support of the emergency management operations of the State of Vermont in connection with the State of Emergency declared in Executive Order No. 03-11; and

WHEREAS, by addendum to Executive Order No. 03-11, June 8, 2011, that state of emergency terminated effective June 6, 2011 at 11:59 p.m.;

NOW THEREFORE I, Peter Shumlin, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 04-11, effective June 6, 2011, at 11:59 p.m.

Dated June 14, 2011.

20-40. (No. 06-11) [Barre Flooding Guard Call-Out.

WHEREAS, on May 27, 2011, there exists an emergency within the State, to wit: wide spread flooding throughout the State of Vermont, to include but not limited to the following counties: Washington, Orange, Essex, Lamoille, Caledonia, Rutland, Orleans and Chittenden.

NOW, THEREFORE, I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution of Laws of the State of Vermont, including Chapter II, Section 20, of the Constitution of the State of Vermont, and Title 20 V.S.A. §§ 601 and 603, do hereby order as follows:

SEC. (1) The National Guard of the State of Vermont is called out.

SEC. (2) The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to alleviate hardship and suffering of citizens and communities in Vermont that are impacted by flooding.

SEC. (3) In furtherance of the authorization and direction contained in SEC. (2) hereof, the Adjutant General is authorized to use such of the National Guard of the State of Vermont as he may deem necessary.

SEC. (4) I hereby authorize and direct the Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority.

Dated May 27, 2011.

ADDENDUM TO EXECUTIVE ORDER No. 06-11

WHEREAS, pursuant to Executive Order 06-11, the National Guard of the State of Vermont has provided services in support of the emergency management operations of the State of Vermont in connection with the State of Emergency declared in Executive Order No. 03-11; and

WHEREAS, by addendum to Executive Order No. 03-11, June 8, 2011, that state of emergency terminated effective June 6, 2011 at 11:59 p.m.;

NOW THEREFORE I, Peter Shumlin, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 06-11, effective June 6, 2011, at 11:59 p.m.

Dated June 14, 2011.

20-41. (No. 11-11) [State of Emergency, Call-Out of Guard.

As of August 27, 2011, a state of emergency exists within the State. In particular, Vermont faces the imminent likelihood of extremely high winds, excessive rain and flooding from Hurricane Irene and related storms, with the likelihood of widespread damage. The State of Vermont, through its various agencies, is taking steps to prepare for the anticipated storm.

Accordingly, I, Peter Shumlin, pursuant to the authority vested in me by the Vermont Constitution, Chapter II, Section 20 and 20 V.S.A. sections 9, 601 and 603, do hereby order as follows:

  1. I declare a state of emergency for the State of Vermont;
  2. I hereby call out the National Guard of the State of Vermont;
  3. I authorize and direct the Adjutant General of the State of Vermont to take all appropriate steps to alleviate hardship and suffering of citizens and communities throughout Vermont that are impacted by the hurricane and associated storms;
  4. I hereby authorize and direct the Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority.

    Dated August 27, 2011.

    WHEREAS, pursuant to Executive Order No. 11-11, the National Guard of the State of Vermont has provided services in support of the emergency management operations of the State of Vermont in connection with the State of Emergency declared in Executive Order No. 11-11 incident to Tropical Storm Irene; and

    WHEREAS, the National Guard of the State of Vermont, having served ably and with distinction in Vermont's time of extraordinary need, has completed its mission;

    NOW THEREFORE I, Peter Shumlin, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 11-11 relative thereto effective this 23rd day of November, 2011.

    Dated November 23, 2011.

ADDENDUM TO EXECUTIVE ORDER No. 11-11

[Terminating Guard Call-Out]

20-42. (No. 17-11) [Vermont Military Humanitarian Service Medal.

I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution and Laws of the State of Vermont, do order as follows:

SEC. (1) There is hereby established a Vermont Military Humanitarian Service Medal with accompanying ribbons and appurtenances for award by the Adjutant General. Individuals eligible for the medal are members of the Vermont National Guard and the Vermont State Guard when in active service, who, subsequent to August 27, 2011, distinguished themselves by meritorious participation in a military act or operation of a humanitarian nature. The Adjutant General will determine types of acts or operations that warrant award of the medal.

SEC. (2) The Vermont Military Humanitarian Service Medal and ribbons and appurtenances thereto shall be of appropriate design approved by the Adjutant General and shall be awarded by the Adjutant General under uniform regulations, as prescribed by the Adjutant General.

SEC. (3) No more than one Vermont Military Humanitarian Service Medal shall be awarded to any one person, but for each subsequent participation in a humanitarian act or operation justifying such an award, a suitable device may be awarded to be worn with that medal as prescribed by appropriate regulations of the Vermont National Guard.

SEC. (4) The Vermont Military Humanitarian Service Medal or device may be awarded posthumously, and when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Adjutant General.

Dated November 23, 2011.

20-43. (No. 18-11) [Vermont National Guard Civilian Humanitarian Service Medal.

I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution and Laws of the State of Vermont, do order as follows:

SEC. (1) There is hereby established a Vermont National Guard Civilian Humanitarian Service Medal with accompanying ribbons and appurtenances for award by the Adjutant General. Those eligible for the medal are individuals, government employees, organizations, corporations, associations and other groups that have made a substantial contribution to the Vermont National Guard, and subsequent to August 27, 2011, have distinguished themselves by meritorious participation and support to a military act or operation of a humanitarian nature. The Adjutant General will determine types of acts or operations that warrant award of the medal.

SEC. (2) The Vermont National Guard Civilian Humanitarian Service Medal and ribbons and appurtenances thereto shall be of appropriate design approved by the Adjutant General and shall be awarded by the Adjutant General under uniform regulations, as prescribed by the Adjutant General.

SEC. (3) No more than one Vermont National Guard Civilian Humanitarian Service Medal shall be awarded to any one individual, but for each subsequent participation in a humanitarian act or operation justifying such an award, a suitable device may be awarded to be worn with that medal as prescribed by appropriate regulations of the Vermont National Guard.

SEC. (4) The Vermont National Guard Civilian Humanitarian Service Medal or device may be awarded posthumously, and when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Adjutant General.

Dated November 23, 2011.

20-44. (No. 02-12) [Vermont Communications Board.

Superseded and replaced by Executive Order No. 20-57 (codified as Executive Order No. 05-19), dated July 9, 2019.

20-45. (No. 07-12) [Designation of The National Incident Management System (NIMS) as the Basis for all Incident Management in the State.

WHEREAS, Homeland Security Directive (HSPD)-5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS) to provide a consistent nationwide approach for Federal, State, local, and tribal governments to work together to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and

WHEREAS, Presidential Policy Directive (PPD)-8 describes the approach to national preparedness, including the National Preparedness System, as the instrument the nation will employ to build, sustain, and deliver core capabilities; and

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources improve the State's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and

WHEREAS, the Incident Command System components of NIMS are integral to various incident management activities, including emergency management training programs.

NOW THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby re-establish the National Incident Management System (NIMS) as the State standard for incident management.

This Order supersedes and replaces Executive Order # 03-05 (codified as No. 20-31).

Dated April 12, 2012.

20-46. (No. 11-12) [Declaration of State of Emergency - Storm Sandy.

As of October 28, 2012, a state of emergency exists within the State due to Storm Sandy. The State of Vermont, through its various agencies, is taking steps to prepare for the anticipated storm.

NOW, THEREFORE, I, Peter Shumlin, pursuant to the authority vested in me as Governor of the State of Vermont by the Vermont Constitution, Chapter II, § 20 and 20 V.S.A. §§ 8 , 9 do hereby declare a state of emergency for the State of Vermont. I further order and direct activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to protect the public and to alleviate hardship and suffering of citizens and communities impacted by the emergency event.

ADDENDUM TO EXECUTIVE ORDER No. 11-12

Pursuant to 20 V.S.A. § 13 , I, Peter Shumlin, pursuant to the authority vested in me as Governor of the State of Vermont, hereby proclaim that the state of emergency declared in Executive Order No. 11-12, dated October 29, 2012, has terminated effective November 9, 2012 at 12:00 PM.

Dated November 9, 2012.

20-47. (No. 13-12) [Vermont National Guard Trust Fund Board.

WHEREAS, upon deactivation of members of the Vermont Army National Guard after World War I, the company funds of units comprising the First Infantry Regiment, Vermont National Guard, were turned over to the federal War Department (now the Department of Defense); and

WHEREAS, in 1927, the War Department returned the company funds to the Adjutant General for the Vermont Army National Guard, Brigadier General Herbert T. Johnson, to benefit the present and future elements of any reconstituted and/or reactivated regiment; and

WHEREAS, in 1927, Governor John E. Weeks, by special order 54, dated June 21, 1927, created a special committee to review the receipt of these funds and to make recommendations; and

WHEREAS, on June 30, 1927, upon the recommendation of the special committee, the Governor established the 172d Infantry Memorial Trust Fund - the 172d Infantry being the reorganized units of Vermont National Guard units that served in World War I; and

WHEREAS, on July 1, 1960, the fund was re-designated by Executive Order (no number) of Governor Robert T. Stafford as the "Vermont Army National Guard Memorial Trust Fund"; and

WHEREAS, on October 8, 1999, Governor Howard Dean reconstituted the fund as the "Vermont National Guard Trust Fund" and established the Trust Fund Board;

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby amend the duties and responsibilities of the Trust Fund Board as follows:

  1. Composition, Appointments, and Process.

    The Trust Fund Board shall be chaired by the Adjutant General for the State of Vermont, or his/her designee. The Adjutant General shall appoint members to the Board and shall appoint not less than three members. A majority of the sitting members shall constitute a quorum and action taken by the Board under this Executive Order may be authorized by a majority of members present and voting at any regular or special meeting. The members of the board will not receive any remuneration by the State of Vermont for their participation on the Board.

  2. Charge.

    The Board shall administer the Trust Fund and effectuate the policies and purposes of this Executive Order. Deposits to the currently existing monies shall be made to the Fund from moneys appropriated thereto by the General Assembly from time to time and from any other source, private or public, as approved by the Board. Unexpended balances and any earnings shall not revert to the general fund but shall remain in the fund for use in accord with the purposes of this Executive Order.

    The Trust will be for the benefit of all members of the Vermont National Guard.

    The original purpose of the Fund was to benefit members of the Vermont National Guard in times of federal activation during an emergency and, in keeping with that purpose, the Fund will continue to be used for members of the Vermont National Guard in times of federal activation during emergencies, war, rebellion, humanitarian effort, operations other that war and in times of state active duty. The Board will establish rules and regulations governing the expenditure of funds under these conditions.

    In further keeping with the original intent of the Fund, the Board may disburse part of the Fund as a discretionary fund for the purpose of betterment of the members of the Vermont National Guard. Under no circumstance will this allocation and disbursement reduce the total Fund to an amount lower than $30,000, to be used for the purposes stated in the preceding paragraph.

    The Fund, principle and interest, will be invested and reinvested in commercially reasonable investment vehicles as approved by the Board.

    If the Board deems necessary, the Board may contract with and/or hire investment consultants, brokers, counselors, or the like and the cost therefore, will be borne by the Fund.

  3. Effective Date.

    This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor.

    Dated November 8, 2012.

20-48. (No. 04-13) [Governor's Emergency Preparedness Advisory Council.

Superseded and replaced by Executive Order No. 20-58.

20-49. (No. 05-13) [Public Safety Broadband Network Commission.

Superseded and replaced by Executive Order No. 20-57 (codified as Executive Order No. 05-19), dated July 9, 2019.

20-50. (No. 05-15) [State of Emergency in Washington County, Call-Out of Guard.

As of July 19, 2015, a state of emergency exists within Washington County due to excessive rainfall. In particular, the town of Barre, located in Washington County, is experiencing severe flooding due to unusually heavy rain and thunderstorms, with the likelihood of significant damage.

Accordingly, I, Peter Shumlin, pursuant to the authority vested in me by the Vermont Constitution, Chapter II, § 20 and 20 V.S.A. §§ 9 , 601, and 603, do hereby order as follows:

  1. I declare a state of emergency for Washington County;
  2. I hereby call out the National Guard of the State of Vermont;
  3. I authorize and direct the Adjutant General of the State of Vermont to take all appropriate steps to alleviate hardship and suffering of citizens and communities throughout Washington County that are impacted by the recent storms and flooding;
  4. I hereby authorize and direct the Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority; and
  5. I further order and direct activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to protect the public and to alleviate hardship and suffering of citizens and communities impacted by the emergency event.

    Dated July 20, 2015

20-51. (No. 10-17) [Activation of Vermont National Guard for Special Duty.

Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of Laws of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601 , 603 and 366, and having determined that the necessity of public service requires it, hereby order and direct the Adjutant General of Vermont to order into service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont for the performance of special duty for the purpose of responding to and providing support for a recovery mission at Mt. Pisgah in Westmore, Vermont.

The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to assist in the performance of this special duty.

Payment for personnel performing the State service shall be in accordance with the provisions of 20 V.S.A. § 603 .

This Order shall take effect upon signing.

Dated May 17, 2017.

ADDENDUM TO EXECUTIVE ORDER No. 10-17

WHEREAS, pursuant to Executive Order 10-17, the Vermont National Guard has provided special duty services for the purpose of responding to and providing support for a recovery mission at Mt. Pisgah in Westmore, Vermont.

WHEREAS, the recovery mission has been successfully completed effective May 19, 2017.

NOW THEREFORE, I, Philip B. Scott, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 10-17, effective May 20, 2017 at 00:01.

Dated May 31, 2017.

20-52. (No. 14-17) [Activation of Vermont National Guard in the Aftermath of Tropical System Harvey in the State of Texas.

Pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of Laws of the State of Vermont, Chapter II, Section 20, and pursuant to a request from the Governor of Texas pursuant to the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, for the provision of aid and assistance in the aftermath of the Tropical System Harvey declared disaster, I hereby order into service four (4) personnel of the National Guard for the purpose of providing crucial public affairs support to the Defense Support to Civilians mission and conduct media operations. These assets will bolster public affairs capabilities as the mission continues to transition into logistics distribution and long-term life support of affected areas in the Joint Operations Area in the State of Texas.

This Order shall take effect upon signing.

Dated September 5, 2017.

20-53. (No. 16-17) [Activation of Vermont National Guard to Assist with Hurricane Irma.

As of September 11, 2017, the President of the United States had signed a Major Disaster Declaration for the State of Florida and Emergency Declarations for the States of Alabama, Georgia and South Carolina, the United States Territories of Puerto Rico and the Virgin Islands and the Seminole Tribe of Florida and the Governor of the State of North Carolina declared a State of Emergency, all as a result of extremely high winds, excessive rain and flooding from Hurricane Irma and related storms, and the devastating impacts and widespread damage which was anticipated and which in fact occurred. The States, Territories and Tribes affected by Hurricane Irma are responding to property damage and the human toll taken by the storm.

Accordingly, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard, by the Constitution of the State of Vermont, Chapter II, Section 20, and by Title 20, Chapter 4 of Vermont Statutes Annotated, and pursuant to requests from the Governors of affected States and Territories in accordance with the Emergency Management Assistance Compact, I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the requesting States and Territories in their efforts to respond to the conditions created or caused by Hurricane Irma and associated storms in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the requesting States and Territories, any and all units of the National Guard of the State of Vermont as he may deem appropriate to carry out the purposes of this Order, to serve for an indefinite period and until relieved by proper authority.

This Order shall take effect upon signing and shall amend and restate Executive Order 16-17 originally issued September 8, 2017, and ratify all deployments made since the original issuance of this Executive Order.

Dated September 13, 2017.

20-54. (No. 17-17) [Governor's Veterans Advisory Council.

WHEREAS, since the founding of our nation, the members of our armed forces have stood courageously against the enemies of freedom and liberty; and

WHEREAS, Vermont is currently home to more than 49,000 men and women who have served their State and country in the armed services, many at great personal sacrifice; and

WHEREAS, the conflicts overseas spanning nearly two decades bring a new generation of Veterans to Vermont; and

WHEREAS, all Vermonters are grateful for the sacrifices of our Veterans who have served our country with distinction; and

WHEREAS, as a society, we place a special responsibility on ourselves to care for our Veterans, or in the words of Calvin Coolidge, "The Nation which forgets its defenders will itself be forgotten"; and

WHEREAS, the military experience of many Vermont Veterans has created special, long-term needs requiring recognition and assistance; and

WHEREAS, the aging population of our Veterans continues to create significant new demands on public services; and

WHEREAS, for their well-being, the voices of the Veteran community must be heard clearly by the State's political leaders at the highest level in a forum conducive to a free exchange of ideas.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby reconstitute the Governor's Veterans Advisory Council to advise on public policy relating to Vermont's Veterans as follows:

The Council shall advise the Governor on the full spectrum of Veterans' needs and how State government can best address the interests of Veterans.

The Council shall be comprised of not more than fifteen (15) members and not more than four (4) alternate members appointed by the Governor. The Council will reflect the diversity of service and experience of Vermont Veterans. Council members shall serve on the Council for a term of two years. The Governor shall appoint the Chair and Vice-Chair of the Council. The Adjutant General of the Vermont National Guard or designee, the CEO of the Vermont Veterans' Home or designee, and the Director of the White River Junction Veteran's Affairs (VA) Medical Center or designee shall serve as ex-officio members of the Council.

The appointees to the Council will be broadly representative of the Veteran community and may include members of Veterans Service Organizations (VSOs), Vermont National Guard, Vermont Veterans' Home, the VA Medical Center and Veterans Benefits Office, Vermont General Assembly, the healthcare community, and individuals not having served in the military with an interest in Veterans' affairs. The Office of Veterans Affairs will staff the Council.

I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not fulltime State employees pursuant to 32 V.S.A. § 1010(e) .

This Executive Order supersedes and replaces Executive Order No. 08-03 dated May 13, 2003 (codified as Executive Order 20-30). This Executive Order shall take effect upon signing.

Dated October 3, 2017.

20-55. (No. 03-18) [Governor's Community Violence Prevention Task Force.

WHEREAS, we need a forum for honest, respectful and fact-based discussions about how all Vermonters can play a role to reduce the risk of violence in our communities, including identifying root causes and developing avenues for open conversations about behavior, mental health, firearm safety, the breakdown of civil discourse and personal responsibility; and

WHEREAS, there is no single solution and Vermonters themselves must be part of any effort to ensure supportive communities, healthy families and positive school climate that are based on inclusion and promoting resiliency and acknowledging these contribute to positive social and emotional development in children; and

WHEREAS, Vermont is not immune to the risk of extreme violence in our schools and communities as evidenced by the recent events in Fair Haven, Vermont which resulted in criminal charges being brought against an 18-year-old former student in connection with what court records show to be a detailed plan to conduct a mass shooting at his former high school in Fair Haven, Vermont; and

WHEREAS, Vermont is currently one of the healthiest and safest states in America with many of the best - and safest - schools in the country; and

WHEREAS, we are also reminded, while we can plan for the eventuality of these horrific events, this is an opportunity to focus our efforts on understanding and addressing the root causes of violent behavior.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor's Community Violence Prevention Task Force as follows:

  1. Composition and Appointments.

    The Governor's Community Violence Prevention Task Force shall consist of not more than 14 members to be appointed by the Governor from inside and outside of State government. The State members shall include the Governor's Commissioner of Public Safety, the Secretary of the Agency of Health and Human Services, the Commissioner of the Department of Mental Health, the Agency of Education School Security Liaison Officer and the Secretary of the Agency of Digital Services or designees.

    The remaining appointees to the Task Force will be broadly representative of stakeholders and may include, but not be limited to, mental health care professionals, teachers, students, school officials, sportsmen and/r licensed gun dealers, veterans, security consultants, health care providers, first responders, states attorneys and cybersecurity professionals.

    The Task Force will be co-chaired by no more than three members designated by the Governor.

    The Task Force may, in its discretion, establish interagency working groups to support its mission, drawing membership from any agency or department of the executive branch of State government, including, but not limited to the Department of Health, Department of Children and Families and the Agency of Education.

    The Task Force may also, in its discretion, consult with private sector professionals outside of the Task Force for information and advice on best practices.

  2. Community Violence Prevention Task Force Charge and Process.

    The mission of the Task Force will be to identify the primary root causes of behavior that leads to violence against others in schools and communities and lead the State's response to address these issues by ensuring full interagency and intra-agency coordination among state and local governments and schools. The Task Force will identify strategies and lessons learned, relying on credible research and successful community-based violence prevention programs.

    The Community Violence Prevention Task Force will be advisory to the Governor. The Task Force shall meet at the call of the Chair(s), but not less frequently than monthly. The Task Force shall:

    1. Assess high-quality primary research, including evidence-based Vermont data to the extent it is available regarding the underlying causes of violent behavior in communities.  At the request of the House of Representatives by way of Resolution, this review will also consider the connection between excessive video game playing and the propensity to engage in gun violence;
    2. Identify best practices for schools and communities to prevent violent behavior including, but not limited to, identifying warning signs and how to report them, recommending ways to improve prevention and reporting of bullying and harassment and closing the operational gaps among the Department of Children and Families, the Department of Mental Health, the Agency of Education, law enforcement and our schools;
    3. Identify opportunities to strengthen existing support systems to ensure every school and community has a local rapid reaction/early intervention team involving educators, mental health/social service professionals and law enforcement when concerning behavioral issues are identified;
    4. Review opportunities for expanding school safety prevention and preparedness capacity in the Agency of Education and the Department of Public Safety and supporting the work of the Vermont School Safety Center;
    5. Evaluate the adequacy of protections for individuals (students and adults) reporting threats, including consideration of shield laws;
    6. Explore the feasibility of stronger open source intelligence gathering by the Vermont Intelligence Center and the cybersecurity center with Norwich University once established; and
    7. Review existing State health, mental health, education and criminal laws, regulations, policies, and programs and propose appropriate legislative changes, including changes to eliminate redundancy and break down barriers faced by communities and schools in coordinating action with State government.

      The Task Force will report to the Governor and make recommendations December 1, 2018, June 1, 2019 and December 1, 2019.

      In consultation with the Vermont School Safety Center, the Task Force will do all things necessary to carry out the purpose of this Executive Order.

      Meetings of the Task Force will be public. The Task Force will hold at least one (1) meeting in each region of the State. The Task Force shall invite public comment and participation to the greatest extent practicable.

      The Community Violence Prevention Task Force shall receive administrative and staff support from the Office of the Governor, and public health data support from the Vermont Departments of Health and Mental Health.

  3. Effective Date.

    This Executive Order shall take effect upon execution and shall expire December 31, 2019.

    Dated April 19, 2018.

20-56. (No. 01-19) [State Emergency Management Plan Promulgation.

WHEREAS, the 2019 Vermont State Emergency Management Plan (SEMP) provides the framework for the State's emergency management enterprise across the five mission areas identified in the National Preparedness Goal: Prevention, Protection, Response, Mitigation, and Recovery; and

WHEREAS, the SEMP provides the mechanism for the notification, coordination, and deployment of state and federal resources, if necessary, to assist local jurisdictions in responding to, mitigating against, and recovering from disasters, regardless of cause; and

WHEREAS, the SEMP is formulated to utilize all available federal, state, private sector, and volunteer and non-governmental agency resources in responding to or supporting the response to a disaster; and

WHEREAS, the 2019 SEMP replaces the 2013 State Emergency Operations Plan and builds on lessons learned and best practices during disaster responses, exercises, and workshops; and

WHEREAS, the Plan further includes a focus on ensuring that components are streamlined and more operational and integrates the revised National Incident Management System (NIMS) doctrine released in October 2017; and

WHEREAS, State Agencies and Departments, private sector entities, and volunteer and non-governmental organizations described in the plan partner and participate in prevention, protection, response, mitigation, and/or recovery activities and as part of the plan have an obligation to provide services and support that save lives and protect property and the environment during a disaster.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor pursuant to 20 V.S.A. § 8 , do hereby promulgate the 2019 Vermont State Emergency Management Plan.

I further order and direct all State Agency Secretaries and Department Commissioners with defined roles and responsibilities in the State Emergency Management Plan to develop and maintain procedures to ensure emergency preparedness and the capacity to provide response, mitigation and recovery support to the people of Vermont.

Assignments within the Plan are based on functional capabilities and statutory responsibilities of each partner. To make the Plan viable, participants must be prepared to execute their assignments when called upon during an emergency and sustain that effort during the subsequent recovery.

Each identified State Agency and Department shall fulfill or execute its respective responsibilities outlined in this Plan.

Each identified State Agency and Department shall provide a minimum of three trained and qualified representatives to act in coordination with the Vermont Emergency Management Division (VEM) and the State Emergency Operations Center (SEOC) in the delivery of their respective services throughout all of the mission areas.

This Plan shall be in effect as of January 1, 2019 and remain in effect through December 31, 2023. Subject to the approval of the Governor, the Plan may be amended by the Director of the Vermont Emergency Management Division.

Dated: January 4, 2019

20-57. (No. 05-19) [Emergency Communications Advisory Council.

WHEREAS, in 2012, Congress enacted The Middle Class Tax Relief and Job Creation Act that created FirstNet, the authority within the National Telecommunications and Information Administration (NTIA) to oversee the building, deployment and operation of the Nationwide Public Safety Broadband Network (NPSBN); and

WHEREAS, by Executive Order 05-13 (codified as Executive Order 20-49), effective April 30, 2013, Governor Peter Shumlin created the Vermont Public Safety Broadband Network Commission ("Commission"), to help plan, develop, and implement an interoperable wireless network to support the communication needs of Vermont's first responders and others; and

WHEREAS, after four years of study and consideration, in consultation with a professional technical consultant, the first responder community and the Treasurer's Office, and after a competitive process conducted to assess the alternatives and an independent review conducted on behalf of the Agency of Digital Services, at its November 20, 2017 meeting the Commission voted to recommend the Governor opt-in to the FirstNet solution for the State of Vermont, thus fulfilling the Commission's charge to advise the Governor on issues related to the development of a public safety broadband network in Vermont; and

WHEREAS, on November 29, 2017, Governor Philip B. Scott officially "opted-in" to the federal FirstNet plan, allowing FirstNet and AT to begin deployment of the NPSBN in Vermont; and

WHEREAS, the initial deployment of the NPSBN will take place over a five-year period from 2018-2022 and will require feedback and evaluation from Vermont's public safety community; and

WHEREAS, the deployment of broadband technology interfaces with other types of emergency communication, such as Next Generation 911, Land Mobile Radio, microwave and fiber-based systems; and

WHEREAS, it is in the best interest of the Vermont public safety community to plan for the use of this evolving technology.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby amend and reconstitute the Commission as follows:

  1. Composition and Appointments.

    The Vermont Public Safety Broadband Network Commission is hereby renamed the "Emergency Communications Advisory Council."

    The Council shall include the Commissioner of the Department of Public Safety, or designee, the Director of Vermont Emergency Management and the Statewide Interoperability Coordinator from the Department of Public Safety and the Colonel of the Vermont State Police, or designee; the Executive Director of the Enhanced 9-1-1 Board, or designee; the Commissioner of the Department of Public Service, or designee; the Secretary of the Agency of Transportation, or designee; and the Secretary of Digital Services, or designee.

    The Governor shall appoint members from the Vermont State Firefighters Association; Professional Firefighters of Vermont; Vermont Fire Coalition; municipal law enforcement; Sheriffs; Emergency Medical Service personnel; and one at-large member.

    These Council members Council members shall be appointed by the Governor to three-year terms, except that the Governor shall stagger initial appointments so that the terms of no more than four members expire during a calendar year. In appointing Council members, the Governor shall give due consideration to the different geographical regions of the State, and the need for balance between rural and urban areas. Council members shall serve at the pleasure of the Governor.

    All Council members shall be voting members.

  2. Charge.

    The purpose of the Council shall be the following:

    ì Advise the Governor on issues related to the NPSBN and on emergency communications, generally, in Vermont;

    ì Advise on the needs of Vermont's public safety community as it relates to FirstNet and the need for an interoperable, robust, reliable and affordable cellular broadband network, including advice on the placement of fixed network assets and deployables;

    ì Advise on protocols and policies related to the NPSBN and, as needed, on emergency communications generally; and

    ì Advise on planning activities needed to prepare Vermont's public safety community for emergency communications technology transitions.

    The Council shall report to the Governor bi-annually on the NPSBN in Vermont and nationally, and shall include information regarding the use of grant money received in Vermont for coordination efforts during the initial deployment phases of the NPSBN.

  3. Council Process.

    The Commissioner of the department of Public Safety shall appoint the Chair of the Council, which may be the Commissioner. The Council shall meet at the call of the Chair and shall keep the Governor apprised on the State's overall interactions with FirstNet and the deployment of the NPSBN in Vermont and emergency communications generally. The Council may select a Vice Chair. If necessary, the Council may designate an Executive Committee and other subcommittees. A majority of members shall constitute a quorum.

    The Council shall receive administrative support from the Department of Public Safety and meet on an as-needed basis.

    Members who are not otherwise employed by the State, a County or a municipality may receive per diem compensation in accordance with 32 V.S.A. § 1010(e) .

  4. Effective Date.

    This Executive Order shall take effect upon signing and shall supersede and replace Executive Order 05-13 (codified as Executive Order 20-49), dated April 30, 2019 and Executive Order No. 02-12 (codified as E.O. 20-44), dated January 17, 2012.

    Dated July 9, 2019

20-58. (No. 06-19) [Governor's Emergency Preparedness Advisory Council.

WHEREAS, Vermont must be prepared to prevent, respond to, recover from, mitigate and protect Vermonters from all natural and man-made hazards; and

WHEREAS, Vermont must be prepared to prevent, and protect Vermonters from terrorism, homegrown violent extremists and evolving threats both domestic and foreign; and

WHEREAS, the Governor is responsible for coordinating, to the fullest extent possible, the emergency management plans and program of the State; and

WHEREAS, it is imperative that there be the greatest possible coordination and communication among federal, state and local governments, the Vermont National Guard, first responders, law enforcement, emergency managers, public health officials, regional planning commissions and private community organizations, including faith-based organizations in order to provide the Governor with advice and counsel on approaches to strengthen and improve our homeland security and emergency preparedness.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as the Governor of the State of Vermont, do hereby order and direct:

The 'Governor's Emergency Preparedness Advisory Council' (Council) is reconstituted as set forth below:

  1. Composition and Appointments

    The Council shall include members from the following interested parties to be appointed by the Governor: volunteer fire service; career fire service; emergency medical services; municipal police; sheriffs; state fusion center (in Vermont, known as the Vermont Information Center); federal government; municipal government; local emergency management; private community organizations; the Vermont utility industry; hospitals; public health officials; statewide interoperability governing body; disability inclusion working group; a state Citizen Corps representative; and faith-based organizations.

    The Council shall include the following ex officio members or their designees: the Secretary of Civil and Military Affairs, the Adjutant General, the Secretary of Administration, the Secretary of the Agency of Agriculture, Food and Markets, the Secretary of the Agency of Transportation, the Secretary of the Agency of Digital Services, the Secretary of the Agency of Education, the Secretary of the Agency of Human Services, the Commissioner of Health, the Commissioner of Public Safety, the E-911 Director, the state Homeland Security Advisor, the Colonel of the Vermont State Police, the Director of the Division of Emergency Management, the Chief Information Security Officer and the Statewide Interoperability Coordinator.

    The Governor shall invite the Speaker of the House, the Lieutenant Governor and a member of the Senate appointed by the Committee on Committees to participate on the Council.

    The Governor may consult with private sector professionals outside of the Council for information and advice. All State Agencies and Departments, as well as the Attorney General and the Executive Director of the Office of State's Attorneys and Sheriffs shall participate upon request of the Governor or the Chair of the Council, as needs dictate.

    The Governor shall appoint the Chair of the Council.

  2. Charge

    The mission of the Council shall be to assess the State's overall homeland security and emergency preparedness programs, policies, and communications and provide for coordinated input by stakeholders in the preparation, implementation, evaluation and revision of the current systems.

    Further, the Council shall consider the interdependencies between the private sector, non-profit organizations, faith-based and community organizations, and all levels of government, including local, state and federal with the goal of maximizing these relationships and reducing duplication of effort. The Council shall advise on the allocation of funding to support the programs while mindful of available financial resources and fiscal realities.

  3. Council Process

    The Council shall meet at the call of the Chair and shall advise the Governor, as needed, on the State's overall threat and hazard preparedness, policies and communications.

    Administrative and staff support shall be provided by the Department of Public Safety.

    The Council may adopt operating guidelines which are consistent with this Executive Order.

  4. Effective Date

    This Executive Order shall be effective as of July 15, 2019 and shall expire on July 15, 2024.

    This Executive Order supersedes and replaces Executive Order# 04-13 (codified as Executive Order No. 20-48).

    Dated: July 17, 2019

20-59. (No. 01-20) [Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out.

WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), in the United States; and

WHEREAS, this rapidly evolving global situation required the Governor to direct the Vermont Department of Health (VDH) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

WHEREAS, in March 2020, the Governor directed Vermont Emergency Management (VEM) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (SEOC), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and

WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

WHEREAS, we now know that while most individuals affected by COVID-19 will experience mild flu-like symptoms, some individuals, especially those who are elderly or already have severe underlying chronic health conditions will have more serious symptoms and require hospitalization; and

WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been detected in the region and this transmission is expected to continue; and

WHEREAS, if no mitigation steps are taken, COVID-19 would likely spread in Vermont at a rate similar to the rate of spread in other states and countries, and the number of persons requiring medical care could exceed locally available resources; and

WHEREAS, it is critical we take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

WHEREAS, Vermonters must come together as we have before in a crisis, to do our part to protect the very ill and elderly by preventing and slowing the spread of this virus and ensure those who experience the most severe symptoms have access to the care they need.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard, by the Constitution of the State of Vermont, Chapter II, Section 20 and under 20 V.S.A. §§ 8 , 9 and 11 and Chapter 29, hereby declare a State of Emergency for the State of Vermont.

IT IS HEREBY ORDERED:

  1. All State licensed nursing homes (as defined in 33 V.S.A. § 7102(7) ), the Vermont Psychiatric Care Hospital (VPCH) and Middlesex Therapeutic Community Residence shall prohibit visitor access to reduce facility-based transmission. This prohibition shall not apply to medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of the Vermont Department of Health.
  2. All State licensed assisted living residences (as defined in 33 V.S.A. § 7102(1) ), Level III residential care homes (33 V.S.A. 7102(10)(A)), and intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), shall prohibit visitor access to reduce facility-based transmission. This prohibition shall not apply to two designated visitors, medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of the Vermont Department of Health.
  3. All State therapeutic community residences (as defined in 33 V.S.A. § 7102(11) ), and Level IV residential care homes ( 33 V.S.A. § 7102(10)(B) ), shall restrict visitor access as necessary to reduce facility-based transmission. This restriction shall not apply to medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of the Vermont Department of Health.
  4. All hospitals (as defined in 18 V.S.A. § 1902 ), except VPCH, shall develop visitation policies and procedures that conform to a minimum standard which shall be developed by the Agency of Human Services to restrict visitor access to reduce facility-based transmission.
  5. In order to limit exposure and protect state employees, all non-essential out-of-state travel by State employees for State business is hereby suspended. The Secretary of Administration shall, in consultation with the Commissioner of Health, develop guidance for employees returning from out-of-state travel. The Secretary of Administration shall also, in consultation with the Commissioner of Human Resources, encourage and facilitate telework among those State employees with the capacity to work remotely.
  6. To help preserve and maintain public health, I hereby prohibit all large non-essential mass gatherings of more than 250 people in a single room or single space at the same time for social and recreational activities, such as an auditorium, stadium, arena, large conference room, meeting hall, cafeteria, theater, or any other confined indoor or confined outdoor space.

    A "non-essential mass gathering" does not " not include normal operations at airports, bus or railway stations where 250 or more persons may be in transit. It also does not include typical office environments or retail or grocery stores where large numbers of people are present, but where it is unusual for them to be within arm's length of one another. Questions from commercial recreational entities, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.

  7. In preparing for and responding to COVID-19, all agencies of the state shall use and employ state personnel, equipment, and facilities or perform any and all activities consistent with the direction of VDH and the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan.
  8. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by COVID-19 in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.
  9. The Department of Financial Regulation shall, in consultation with the Departments of Labor, Tax, and Finance and Management, collect data on the state's demographics and analyze the potential and actual impacts of a COVID-19 outbreak on the state's population, the labor force and the economy, including state revenues.
  10. In order to limit the spread of COVID-19 through community contacts, DPS shall, in consultation with VDH, coordinate the allocation of statewide investigatory resources to enhance VDH capacity for contact tracing.
  11. The Commissioner of Motor Vehicles is hereby directed to develop a plan to extend DMV licensing and registration renewal deadlines and other statutory and regulatory DMV requirements to mitigate contagion risk by reducing customer traffic throughout all DMV district offices.
  12. While many are concerned about the welfare of their children in the pre-K-through-12 schools, suspension of school at this time is not recommended by the Commissioner of Health as of the date of this Order. The Secretary of Education is hereby directed to develop a contingency plan for school closings necessitated by COVID-19 for such time as this may be recommended by VDH and VEM.
  13. I hereby direct that no school superintendent or school board shall cause a student or parent to be penalized for student absences that are the result of following medical advice or the guidance of VDH or arising from the concerns of parents or guardians relating to COVID-19.
  14. The Commissioner of Health shall oversee the investigation, coordination and mitigation efforts for the duration of this Order. All local boards of health shall consult with and abide by the recommendations of the Commissioner of Health prior to taking any action regarding isolation or quarantine of an individual(s). Town health officers shall work with and assist the Department as directed by the Commissioner of Health.
  15. Relevant rules governing medical services shall be suspended to the extent necessary to permit such personnel to provide paramedicine, transportation to destinations including hospitals and places other than hospitals or health care facilities, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Commissioner of Health.
  16. Relevant rules governing nursing services shall be suspended to the extent necessary to permit such personnel to provide medical care, including but not limited to administration of medicine, prescribing of medication, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Secretary of State in consultation with the Commissioner of Health.
  17. The Agency of Commerce and Community Development shall work with U.S. Small Business Administration (SBA) and Vermont Small Business Development Center (SBDC) to survey businesses to determine the economic impact of losses for the disaster period as compared to the same period of the preceding year for the purpose of applying to the U.S. Small Business Administration (SBA) for SBA Economic Injury Disaster Loans.
  18. To ensure that workers affected by COVID-19 have access to wage replacement programs, I hereby direct the Department of Labor to extend unemployment insurance to those Vermonters following the instructions of their healthcare providers to self-isolate or quarantine; to remove the work search requirement for those workers affected by temporary closure of a business; and to temporarily suspend any mechanisms that would delay the release of funds to claimants. Further, I hereby direct the Commissioner of Labor to work with the Legislature on other opportunities to extend benefits to workers affected by COVID-19.
  19. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8 , 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.

    This Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with VDH and DPS/VEM, shall assess the emergency and determine whether to amend or extend this Order.

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and

    WHEREAS, the Governor has determined, in consultation with the Commissioner of Health and the Department of Public Safety/Division of Vermont Emergency Management, to amend the Executive Order to further restrict the size of mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility; and

    WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health in the interest of furthering "social distancing" and is expected to help prevent and reduce the spread of COVID-19.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8 , 9 and 11 and other laws, hereby amend and restate Section 6 of the Executive Order to further restrict the size of "mass gatherings," as follows:

    6. To help preserve and maintain public health, I hereby prohibit all non-essential mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility at the same time for social, recreational or entertainment activities, such as an auditorium, stadium, arena, large conference room, meeting hall, cafeteria, theater, bar, restaurant, gym or any other confined indoor or confined outdoor space.

    A "non-essential mass gathering" does not include normal operations at airports, bus or railway stations where persons may be in transit. It also does not include typical office environments or retail or grocery stores where large numbers of people are present, but where it is unusual for them to be within arm's length of one another. Questions from commercial entities, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.

    Dated March 16, 2020

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and

    WHEREAS, after receiving updated recommendations from the CDC, social distancing and mitigation efforts recommended by the Vermont Department of Health, and in consultation with neighboring states for a regional approach, the Governor has determined it is necessary to close all bars and restaurants statewide through April 6, 2020, although food service establishments may continue to offer takeout and delivery service; and

    WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby amend and restate Section 6 of the Executive Order to further restrict the size of "mass gatherings," and prohibit on-premises consumption of food or drink as follows:

    6. To help preserve and maintain public health, except as set forth below, I hereby prohibit all non-essential mass gatherings of fifty (50) people or fifty percent (50%) of the occupancy of a facility, whichever is less, at the same time for social, recreational or entertainment activities, such as an auditorium, stadium, arena, large conference room, meeting hall, theater, gymnasium, fitness center, library or any other confined indoor or confined outdoor space.

    A "non-essential mass gathering" does not include normal operations at airports, bus or railway stations where persons may be in transit. It also does not include typical office environments or retail or grocery stores where large numbers of people are present, but where it is unusual for them to be within arm's length of one another. Questions from commercial entities, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.

    Effective Tuesday, March 17, 2020 at 2:00 p.m. and continuing in full force and effect until April 6, 2020, any restaurant, bar, or establishment that offers food or drink shall not permit on-premises consumption of food or drink; provided however, such establishments may continue to offer food for take-out and by delivery. On or before April 6, 2020, the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order as it relates to restaurants, bars, or establishments that offer food or drink.

    Dated: March 16, 2020

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness; and

    WHEREAS, to aggressively address COVID-19, conservation of critical resources such as ventilators and Personal Protective Equipment (PPE) is essential, as well as limiting exposure of patients and staff to COVID-19; and

    WHEREAS, after receiving updated recommendations from the U.S. Surgeon General and the U.S. College of Surgeons, the Centers for Medicare & Medicaid, and in consultation with the Commissioner of the Department of Health and the Vermont Association of Hospitals and Health Systems, the Governor has determined it is necessary to suspend all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures; and

    WHEREAS, the suspension of all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures will be critical in helping to protect patients, reduce exposure to healthcare providers and preserve critical personal protective equipment (PPE), which is in critical demand around the country; and

    WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order all clinicians in Vermont to expedite postponement of all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures in the safest but most expedient way possible.

    At all times, the supply of personal protective equipment (PPE), hospital and intensive care unit beds, and ventilators should be considered, even in areas that are not currently dealing with COVID-19 infections. While case-by-case evaluations will be made by clinicians, the following factors are to be considered as to whether planned surgery should proceed:

    ì Current and projected COVID-19 cases in the facility and region

    ì Supply of PPE to the facilities in the system

    ì Staffing availability

    ì Bed availability, especially intensive care unit (ICU) beds

    ì Ventilator availability

    ì Health and age of the patient, especially given the risks of concurrent COVID-19 infection during recovery

    ì Urgency of the procedure

    This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order as it relates to the suspension of adult elective surgery and medical and surgical procedures, including all dental procedures.

    Dated March 20, 2020

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness; and

    WHEREAS, to aggressively address COVID-19, conservation of critical resources such as ventilators and Personal Protective Equipment (PPE) is essential, as well as limiting exposure of patients and staff to COVID-19; and

    WHEREAS, after receiving updated recommendations from the U.S. Surgeon General and the U.S. College of Surgeons, the Centers for Medicare & Medicaid, and in consultation with the Commissioner of the Department of Health and the Vermont Association of Hospitals and Health Systems, the Governor determined it was necessary to suspend all non-essential adult elective surgery and medical and surgical procedures, including dental procedures, pursuant to Addendum 3 to the Executive Order as of March 20, 2020, in order to help protect patients, reduce exposure to healthcare providers and preserve PPE; and

    WHEREAS, the Governor, in consultation with the Commissioner of the Department of Health and representatives of Vermont healthcare providers, has determined a limited resumption of outpatient services, including clinic visits, diagnostic imaging and limited outpatient surgeries and procedures is appropriate at this time.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby authorize the Commissioner of the Vermont Department of Public Health to issue mitigation requirements and procedures for the resumption of clinic visits, diagnostic imaging and such outpatient surgeries and procedures that have a minimal impact on inpatient hospital bed capacity and PPE levels, including those performed in the office or ambulatory surgical care setting.

    The Commissioner of the Department of Public Health, with the approval of the Governor, may, from time-to-time, update and modify the mitigation requirements and procedures regarding the resumption of additional adult elective surgery and medical and surgical procedures, including dental procedures.

    If the Commissioner of the Vermont Department of Health has determined that a COVID-19 outbreak has occurred and providers cannot safely care for Vermonters in a way that (1) limits the exposure of patients and staff to COVID-19; (2) preserves PPE and ventilators; and (3) preserves inpatient hospital capacity, it will notify and require all providers in the region to return to the standards set out in Addendum 3 to the Executive Order. Depending on the severity of the outbreak, the Vermont Department of Health may require all Vermont providers to return to those standards.

    This Amendment to Addendum 3 to the Executive Order shall take effect upon signing and, except as amended hereby, Addendum 3 to the Executive Order, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend Addendum 3, as amended.

    Dated May 4, 2020

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, the number of cases of COVID-19 which have been tested as presumptively positive in the State has grown exponentially; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to reduce close contact among individuals, including the temporary closure of bars and restaurants, schools and daycare facilities other than those providing childcare services as needed for the children of essential personnel and DMV district offices; limiting the size of mass gatherings; and postponing all non-essential medical procedures; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has determined it is necessary to cease all in-person operations of businesses which, by the very nature of their business, are unable to comply with Centers for Disease Control (CDC) guidelines regarding social distancing; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has determined it is necessary to further reduce the size of mass gatherings; and

    WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order as follows:

    1. No later than 8:00 p.m. on Monday, March 23, 2020, gymnasiums, fitness centers and similar exercise facilities, hair salons and barbers, nail salons, spas and tattoo parlors shall cease all in-person operations.

    2. For the avoidance of doubt, at this time, subject to closures and limitations provided in prior orders, all other businesses may remain open, but must, to the extent practicable, implement CDC guidance to ensure social distancing, including:

    ì maintaining a distance of 6 feet between person;

    ì ensuring employees practice appropriate hygiene measures, including regular, thorough handwashing;

    ì ensuring that employees who are sick remain home; and

    ì regularly cleaning and disinfecting frequently touched objects and surfaces.

    3 I hereby further amend and restate Section 6 of the Executive Order to prohibit all non-essential gatherings of more than ten (10) people at the same time in a space such as an auditorium, stadium, arena, large conference room, meeting hall, theater or any other confined indoor or confined outdoor space which encourages congregation.

    A "non-essential gathering" does not include normal operations at airports, bus or railway stations where persons may be in transit; typical office, construction, manufacturing, grocery, food production, retail and retail banking, professional or other employment environments; gatherings of the press; or operations of the Vermont Judiciary or General Assembly consistent with their constitutional authority. Questions from commercial entities, employers, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.

    4. All public and private enterprises shall post appropriate notices requiring compliance with recommendations by the CDC and the Commissioner of the Vermont Department of Health including, at a minimum, those set forth above in Section 2.

    This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    Dated March 20, 2020

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, the number of cases of COVID-19 which have been tested as presumptively positive in the State has grown exponentially; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to reduce close contact among individuals, including the closure of bars and restaurants, schools and day care centers and close contact businesses, limiting the size of mass gatherings and postponing all non-essential medical procedures; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has determined it is necessary to require all businesses and not-for-profit entities in the state to utilize telecommuting, to the maximum extent possible; and

    WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order, effective on Monday, March 23, 2020 at 8:00 p.m., all businesses and not-for-profit entities in the state to put into place, to the maximum extent possible, telecommuting or work from home procedures.

    This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    Dated: March 23, 2020

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, the number of cases of COVID-19 which have been tested as presumptively positive in the State has grown exponentially and unfortunately the State has seen its first deaths from this disease; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, VDH is urging all residents of the State to limit normal everyday activities outside of the home and to practice social distancing at all times to limit the spread of this highly contagious and potentially deadly virus; and

    WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the Department of Health (VDH), the Governor has directed a number of mitigation strategies for the State in order to reduce close contact among individuals, including the closure of bars and restaurants, schools and day care centers and close contact businesses; limiting the size of mass gatherings; postponing all non-essential medical procedures; and ordering all businesses to implement telecommuting where possible; and

    WHEREAS, the Governor understands most Vermonters, Vermont communities and Vermont businesses recognize the potentially disastrous effects of COVID-19 if we were to continue business as usual, and have taken responsible, common sense, and creative measures to conduct our businesses and our lives in a manner consistent with CDC and Vermont Department of Health social distancing guidelines; and

    WHEREAS, nonetheless, further measures are needed to reduce the spread of COVID-19 to, avoid needless illness and deaths while ensuring the continuity of functions critical to public health and safety and our economic and national security.

    NOW THEREFORE, in order to restrict and minimize all unnecessary activities outside of the home or place of residence during the state of emergency, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following:

    1. To preserve the public health and safety, to ensure the healthcare delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, Vermonters are directed to stay at home or in their place of residence, leaving only for essential reasons such as: personal safety; groceries or medicine; curbside pick-up of goods, meals or beverages; medical care; exercise; care of others; and work, as set forth further below. Vermonters shall significantly restrict normal activities outside the home or place of residence, consistent with CDC guidance, to help stop the spread of the virus.

    2. As previously directed, all workers shall work remotely when possible.

    3. Except as set forth below, effective Wednesday, March 25, 2020 at 5 p.m., subject to closures and limitations provided in prior orders, all businesses and not-for-profit entities in the state shall suspend in-person business operations. These businesses and not-for-profit entities are encouraged to develop business strategies, procedures and practices such as using an on-line presence, telephone and web-based service delivery and phone or on-line orders for curb-side pick-up and delivery.

    The Vermont Agency of Commerce and Community Development (ACCD), shall develop a process for responding to questions regarding acceptable continuation of business operations.

    4. All businesses, governmental entities and not-for-profit entities shall develop strategies, procedures and practices designed for strict adherence to CDC and VDH guidance to ensure recommended social distancing, including, to the extent possible:

    1. maintaining a distance of 6 feet between persons;
    2. requiring employees to practice appropriate hygiene measures, including regular, thorough handwashing;
    3. requiring employees who are sick remain home; and
    4. regularly cleaning and disinfecting frequently touched objects and surfaces.

      5. Businesses and entities providing services or functions deemed critical to public health and safety, as well as economic and national security shall remain in operation, and, except as set forth in Section 4 above, shall not be subject to the in-person restrictions set forth in Section 3.

      6. Services or functions in Vermont deemed critical to public health and safety, as well as economic and national security include:

      a. health care operations such as COVID-19 testing and clinical research, hospital personnel and other healthcare providers, public health workers and other healthcare service providers, laboratory services, caregivers, logistics, technology, security and custodial support, blood and plasma donors and mortuary services;

      b. law enforcement, public safety and first responders, including fire, ambulance services, emergency medical technicians and emergency management personnel;

      c. critical infrastructure including utilities, telecommunication, airports and transportation infrastructure;

      d. construction necessary to support the COVID-19 response and maintain critical infrastructure;

    5. critical manufacturing, including food and animal feed manufacturing, processing and supply, pharmaceuticals and other manufacturing necessary to support the COVID-19 response as well as economic and national security;
    6. retail serving basic human needs such as grocery stores, pharmacies, other retail that sells food, beverage, animal feed and essential supplies, provided, these retail operations shall be conducted through on-line and telephone orders for delivery and curb-side pickup to the extent possible;
    7. fuel products and supply;
    8. hardware stores, provided, these retail operations shall be conducted through on-line and telephone orders for delivery and curb-side pickup to the extent possible;
    9. transportation sector and agricultural sector equipment parts, repair and maintenance, provided these retail operations shall be conducted through on-line and telephone orders for delivery and curb-side pickup to the extent possible;
    10. trash collection and disposal, recycling and operations and maintenance of drinking water and wastewater/drainage infrastructure;
    11. agriculture and farms, animal shelters, production and delivery of seed, chemicals and fertilizers, CSAs and veterinarians;
    12. lodging, to the extent required to support COVID-19 response, critical infrastructure and national security;
    13. other building and property services for the safety, sanitation and operations of residences or other businesses;

      n mail and shipping services;

      o news media;

      p. banks and related financial institutions, provided, however, routine retail banking operations shall be limited to transactions conducted through automated teller machines, drive-through services and online and telephone services;

      q. providers of necessities and services to economically disadvantaged populations; and

      r. other vendors of technical, security, logistics, custodial and equipment repair and maintenance services necessary to support the COVID-19 response, critical infrastructure and national security.

      7. ACCD shall develop additional guidance as to which businesses are determined to be critical to public health and safety, as well as economic and national security.

      Other businesses may be determined to be critical to public health and safety, as well as economic and national security after requesting an opinion from ACCD. ACCD shall consider:

      ì whether a business is necessary in order to properly respond to this emergency;

      ì whether a business transaction or the performance of services requires in-person contact;

      ì implications for business operations in Vermont, taking into account the economic and societal impacts as well as supply chain dependencies that are geographically distributed; and

      ì such other factors as the Secretary of ACCD shall determine, in consultation with the Commissioner of the Department of Health and the Commissioner of Public Safety.

      8. Essential state and local government functions will also remain open, including offices that provide essential government services.

      Except as otherwise set forth herein, this Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

      Dated: March 24, 2020

      WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 900 cases and over 50 related deaths; and

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

      WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the Department of Health (VDH), the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness; and

      WHEREAS, after consultation with the Commissioner of the Department of Health, the Governor determined it was necessary to require Vermonters to stay home and to limit travel to essential activities only, and suspend the operation of all non-essential businesses and non-profit governmental services pursuant to Addendum 6 to the Executive Order as of March 24, 2020 (Stay Home/Stay Safe), in order to help reduce the spread of COVID-19; and

      WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

      WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont's economy and continues to do so with a limited reopening of retail businesses.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby authorize the Secretary of the Agency of Commerce and Community Development (ACCD) to issue mitigation requirements and procedures for the limited, incremental and phased resumption of business, non-profit and government entity operations which had previously been determined to be non-critical services under Stay Home/Stay Safe, effective Monday, May 18, 2020. The limited, incremental, and phased resumption of business, non-profit and government entity operations shall begin with non-essential retail; and mitigation requirements and procedures issued by the Secretary shall require implementation of appropriate occupancy limits and physical distancing, health and sanitation and training measures.

      1. The Secretary of the Agency of Commerce and Community Development (ACCD), in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize additional limited, incremental, and phased resumption of business, non-profit and government entity operations and update and modify the mitigation requirements and procedures regarding the resumption of business, non-profit and government entity operations.

      If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and businesses and non-profit and government entities cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19 and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all businesses and non-profit and government entities to return to certain standards of operation.

      2. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements issued by ACCD.

      3. All businesses and not-for profit and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.

      4. Addendum 2 to the Executive Order dated March 16, 2020, which prohibited on-premises consumption of food or drink, Addendum 4 to the Executive Order dated March 20, 2020, which suspended the operation of close contact businesses, and Addendum 5 to the Executive Order dated March 23, 2020, which required all businesses, and non-profit and government entities to implement telework procedures to the extent possible, shall remain in full force and effect.

      This Amendment to Addendum 6 to the Executive Order shall take effect upon signing and, except as amended hereby, Addendum 6 to the Executive Order, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend Addendum 6, as amended.

      Dated May 13, 2020

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, aggressive and sustained efforts are necessary to slow the spread of the COVID-19 virus and lessen the strain on Vermont's healthcare system; and

      WHEREAS, the COVID-19 virus continues to spread and threatens to overwhelm the State's ability to respond; and

      WHEREAS, due to extensive community transmission of COVID-19 in our neighboring states of New York, New Jersey and Connecticut, the Centers for Disease Control and prevention ("CDC"), has advised residents of those states to refrain from non-essential domestic travel for 14 days effective immediately; and

      WHEREAS, many Vermonters are returning to Vermont as the weather warms; and

      WHEREAS, Vermont recognizes and understands the desire of many of our second-home owners who are residents in regions of the country where COVID-19 is viewed as a greater threat to return to their homes in Vermont; and

      WHEREAS, on March 24, 2020, the Governor issued an Executive Order directing all Vermonters to stay at home or in their place of residence, leaving only for essential reasons and further directing all businesses and non-profit entities to cease operations unless these entities provide services or functions deemed critical to public health and safety ("Stay Home/Stay Safe"); and

      WHEREAS, Stay Home/Stay Safe made clear commercial lodging shall be suspended unless required to support COVID-19 response, critical infrastructure and national security; and

      WHEREAS, the Governor has determined, in light of the significant risk posed by the further spread of this dangerous disease to Vermonters and the viability of our health care system, to direct residents and non-residents alike coming from outside the State to self-monitor and home-quarantine for a period of 14 days.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following:

      1. To preserve the public health and safety, to ensure the healthcare delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, any person, resident or non-resident, travelling into Vermont for anything other than an essential purpose, must immediately self-quarantine for 14 days or the balance of 14 days dating from the day of arrival.

      2. "Essential purpose" for purposes of this quarantine restriction shall mean travel required for personal safety; food, beverage or medicine; medical care; care of others; and to perform work, services or functions deemed critical to public health and safety, as well as economic and national security, as set forth in Stay Home/Stay Safe.

      3. The Agency of Transportation and the Department of Motor Vehicles are hereby directed to post this guidance at all major points of entry into Vermont, on highway message boards and at the Burlington International Airport and all other Vermont airports.

      4. Guidance for self-quarantine shall be made available by the Vermont Department of Health.

      5. Visitors are instructed not to travel to Vermont if they are displaying symptoms or if they are travelling from cities and regions identified as COVID-19 "hot spots," including, among others, the states of Florida and Louisiana and the cities of Detroit, Chicago and New York City. In addition, residents of New York, New Jersey and Connecticut should stay in their home states in strict compliance with CDC travel guidance issued Saturday, March 28, 2020. This is essential if you will be in close contact with people who are older adults or have a severe chronic health condition.

      6. For the purpose of clarifying Stay Home/Stay Safe as it relates to the suspension of lodging operations, "lodging" shall include, but not be limited to, hotels, motels, bed and breakfasts, inns, short term rentals, such as those made available through VRBO, Homeaway, AirBnb and other services, parks for recreational vehicles and campgrounds, all public and private camping facilities including those managed by the Vermont Department of Parks and Recreation. Lodging may be provided for the following purposes:

      a. Housing vulnerable populations (emergency shelter for homeless individuals) as arranged through the state.

      b. Providing accommodations for health care workers, or other workers deemed necessary to support public health, public safety or critical infrastructure.

      c. Use of lodging properties being as quarantine facilities as arranged by the state.

      d. Limited verifiable extenuating circumstances for the care and safety of Vermonters.

      On-line reservations shall be suspended and lodging providers shall post a prominent notice on their web platforms which advises potential guests that reservations for lodging in Vermont, as allowed above, shall be accepted by phone only.

      Lodging providers may permit existing guests to remain through the end of their scheduled stay, however, may not allow extended stay or new reservations, except for the purposes set forth above.

      7. All state agencies and departments, including the offices of elected officials in the Executive Branch, which register, regulate or otherwise have contact information regarding lodging facilities, shall provide an electronic advisory regarding the suspension of lodging operations, consistent with this Executive Order.

      8. The Vermont State Police and all county and municipal law enforcement agencies shall monitor the compliance with this Executive Order by lodging providers and notify the Office of the Attorney General regarding potential non-compliance using a reporting method prescribed by the Department of Public Safety.

      9. The Attorney General shall take such steps as he deems necessary and reasonable to ensure the compliance of lodging providers with this Executive Order.

      Except as otherwise set forth herein, this Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

      Dated: March 30, 2020

      WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), in the United States; and

      WHEREAS, the Governor directed the Vermont Department of Health (VDH) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

      WHEREAS, in March 2020, the Governor directed Vermont Emergency Management (VEM) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (SEOC), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

      WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID19 in Vermont; and

      WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a State of Emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the coronavirus (COVID-19) pandemic, under which FEMA's Regional Administrators have been delegated authority to approve requests for non-congregate sheltering for the duration of the Secretary of Health and Human Services' declaration of a Public Health Emergency for COVID-19; and

      WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts, including the provision of non-congregate sheltering, to save lives, to protect property and public health, and to ensure public safety in this Public Health Emergency.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order as follows:

      1. Local governments, state agencies and private non-profit organizations statewide shall:

      a To the extent not already in place, arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.

      b. To the extent not already in place, implement a temporary quarantine and isolation program utilizing non-congregate solutions including hotels, motels, dormitories, or other forms of non-congregate shelter for current clients and vulnerable populations for the purpose of providing adequate social distancing between all individuals who are reasonably believed to have been exposed to or infected with COVID-19, or recovering from COVID-19.

      c Local governments and private non-profit organizations, which determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders and health care workers who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, shall provide alternative non-congregate housing to this population of first responders and health care workers.

      This Section 1 shall take effect as of March 1, 2020 and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

      2. In accordance with the Executive Order, Addendum 2 was issued to suspend on-premises consumption of food or drink at any restaurant, bar, or establishment that offers food or drink. In accordance with the Executive Order, Directive 3 was issued to direct the Department of Motor Vehicles (DMV) to suspend in-person visits to the DMV district offices. Effective upon signature, this Section 2 shall clarify that both Addendum 2 and Directive 3 are subject to Addendum 6 to the Executive Order (Stay Home, Stay Safe), and both the Addendum and the Directive are hereby extended and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

      This Addendum shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

      Dated: April 3, 2020

      WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention ("CDC") and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus ("COVID-19"), in the United States; and

      WHEREAS, the Governor directed the Vermont Department of Health ("VDH") to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

      WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management ("DPS/VEM") to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center ("SEOC"), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

      WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and

      WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and

      WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including:

      ì Directive 1 issued March 15, 2020, to all School Boards and Superintendents for Continuity of Education Planning which closed all schools to in-person education and required planning for education continuity;

      ì Addendum 1 to the Executive Order issued March 16, 2020, which modified the Executive Order to prohibit all non-essential mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility at the same time for social, recreational or entertainment activities;

      ì Addendum 2 to the Executive Order issued March 17, 2020 ordering restaurants, bars, or establishments that offer food or drink to suspend on-premises consumption of food or drink;

      ì Directive 2 issued March 17, 2020 to all School Boards, Superintendents, and Child Care Programs to close childcare centers and provide for services to children of Essential Persons during the closure period in response to COVID-19;

      ì Directive 3 issued March 18, 2020 directing Department of Motor Vehicle services to provide online, by mail or phone, and suspend all in-person transactions;

      ì Directive 4 issued March 19, 2020 to the Department of Liquor and Lottery authorizing take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption;

      ì Addendum 3 to the Executive Order issued March 20, 2020, requiring the postponement of all non-essential adult elective surgery and medical and surgical procedures;

      ì Addendum 4 to the Executive Order issued March 21, 2020, which suspended the operation of close-contact businesses and further restricted the size of mass gatherings;

      ì Addendum 5 to the Executive Order issued March 23, 2020, which ordered all businesses and non-profits to institute work from home procedures to the extent possible;

      ì Addendum 6 to the Executive Order issued March 24, 2020, which ordered all Vermonters to stay home, stay safe with the exception of those performing critical services ("Stay Home/Stay Safe");

      ì Directive 5 issued March 25, 2020 clarifying schools for preK-12 students shall remain dismissed for in-person instruction for the remainder of the 2019-2020 school year and required schools to have continuity of learning plans for remote learning implemented on or before Monday, April 13, 2020;

      ì Addendum 7 to the Executive Order issued March 30, 2020, which imposed quarantine restrictions on travelers arriving in Vermont and clarified the closure of lodging operations;

      ì Addendum 8 to the Executive Order issued April 3, 2020, which clarified the Governor's direction to provide non-congregate sheltering in Vermont and extended certain deadlines relating to closures of DMV and bars and restaurants; and

      WHEREAS, as of April 5, 2020, the United States had experienced 337,646 cases of COVID-19 with 9,648 COVID-19-related deaths; Quebec had experienced 7,944 cases of COVID-19 with 94 COVID-19-related deaths; New York had experienced 122,911 cases of COVID-19 with 4,161 COVID-19-related deaths; Massachusetts had experienced over 12,500 cases of COVID-19 with 231 COVID-19-related deaths; New Hampshire had experienced 621 cases of COVID-19 with 9 COVID-19-related deaths; and Vermont had experienced 512 cases of COVID-19 with 22 COVID-19-related deaths; and

      WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

      WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Friday, May 15, 2020; and

      WHEREAS, the Governor has further determined to issue a rule which clarifies the scope of the providers and situations protected by 20 V.S.A. § 20 in order to remove barriers to health care facility surge capacity planning; and

      WHEREAS, the Governor has determined to authorize lodging facilities to resume acceptance of reservations for stays and events beginning June 15, 2020, subject to further action as needed to respond to continued COVID-19 response, as well as issue other directions and clarifications.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Friday, May 15, 2020.

      IT IS FURTHER ORDERED:

      1. The Executive Order and all Directives and Addenda issued thereunder shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend the State of Emergency.

      2. Lodging Reservations. Addendum 7 to the Executive Order is hereby supplemented to authorize lodging operators to immediately accept reservations for stays and events occurring on or after June 15, 2020; provided, however, the Governor, in consultation with the Commissioner of VDH and the Commissioner of DPS/VEM, shall assess the emergency and determine whether to amend or extend this date.

      3. Stay Home/Stay Safe Guidance. For the purpose of clarifying Stay Home/Stay Safe, the Secretary of the Agency of Commerce and Community Development ("ACCD") is directed to provide guidance as follows:

ADDENDUM 1 TO EXECUTIVE ORDER 01-20

ADDENDUM 2 TO EXECUTIVE ORDER NO. 01-20

ORDER PROHIBITING GATHERINGS OF 50 PEOPLE OR 50% OF PERMITTED OCCUPANCY, WHICHEVER IS LESS, AND ON-PREMISES CONSUMPTION OF FOOD AND DRINK

ADDENDUM 3 TO EXECUTIVE ORDER NO. 01-20

Suspension of all Non-Essential Adult Elective Surgery and Medical and Surgical Procedures

AMENDMENT TO ADDENDUM 3 TO EXECUTIVE ORDER 01-20

ADDENDUM 4 TO EXECUTIVE ORDER 01-20

Closure of Close-Contact Businesses and Further Restrictions of the Size of Mass Gatherings

ADDENDUM 5 TO EXECUTIVE ORDER 01-20

Order to Work From Home for all Businesses and Non-Profits

ADDENDUM 6 TO EXECUTIVE ORDER 01-20

[Stay Home/Stay Safe]

AMENDMENT TO ADDENDUM 6 TO EXECUTIVE ORDER 01-20

[Stay Home/Stay Safe: Restart Phase VI]

ADDENDUM 7 TO EXECUTIVE ORDER NO. 01-20

[Quarantine Restrictions on Travelers Arriving in Vermont]

ADDENDUM 8 TO EXECUTIVE ORDER NO. 01-20

[Non-Congregate Sheltering in Vermont; Extension of Certain Deadlines Relating to Closures of DMV and Bars and Restaurants]

ADDENDUM 9 TO EXECUTIVE ORDER 01-20

[Extension of State of Emergency Declared March 13, 2020; Other COVID-19 Related Directives and Clarifications]

  1. As it relates to the suspension of real estate activities, clarify existing guidance regarding real estate sales and brokerage to ensure guidance applies to all real estate sales, including those for sale by owner.

    On-line real estate sites shall post a prominent notice on their web platforms which advises potential sellers and purchasers that all in-person real estate transactions are temporarily suspended.

    Real estate functions that can be conducted online, by phone or email may continue.

  2. As it relates to Financial, Legal and Professional Services and Municipalities, clarify existing guidelines to the extent necessary to facilitate assistance to Vermonters seeking to take advantage of state and federal financial support made available in response to the economic impacts of COVID-19.

    4. Motor Vehicle Inspections. In order to alleviate in-person contact at locations offering vehicle inspections, the Department of Motor Vehicles is hereby directed to extend inspections for motor vehicles other than school buses and motor buses, for 60 days for inspections due in April 2020 (a green "4").

    5. Directive to State Agencies Regarding Non-Congregate Temporary Housing. Effective as of March 1, 2020, State Agencies which determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders, including Department of Corrections personnel, health care workers and others critical to the COVID-19 response, such as critical infrastructure construction and maintenance, who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, shall provide alternative non-congregate housing to this population of first responders, health care workers and others critical to the COVID-19 response.

    6. COVID-19 Emergency Response Services. In accordance with the authority granted to the Governor pursuant to 20 V.S.A. §§ 8 and 9 to make, amend, and rescind necessary orders, rules, and regulations for emergency management purposes, I hereby adopt the following rule for the purpose of interpreting the scope of 20 V.S.A. § 20 relating to legal immunity for Health Care Facilities, Health Care Providers, and Health Care Volunteers, as defined herein, who are providing COVID-19 related emergency management services or response activities. The intent of this rule is to clarify that under protections afforded by 20 V.S.A. § 20 , Health Care Facilities, Health Care Providers, and Health Care Volunteers would be immune from civil liability for any death, injury, or loss resulting from COVID-19 related emergency management services or response activities, except in the case of willful misconduct or gross negligence.

    A. For purposes of this Addendum 9 to the Executive Order, the following terms are defined as set forth below; provided, however, these definitions are intended to provide further detail to the scope of the immunities provided in 20 V.S.A. § 20 and are not intended to limit or narrow the scope of the immunities provided therein:

    i. "All-hazards" for purposes of the existing State of Emergency means the COVID-19 outbreak in Vermont which has been determined by the Governor to pose a threat or may pose a threat to public safety in Vermont.

    ii. "Emergency functions" include, for purposes of this order, services provided by the public safety, firefighting services, police services, sheriff's department services, medical and health services, including those services provided by Health Care Providers and Health Care Volunteers, rescue, communications, evacuation of persons, emergency welfare services, protection of critical infrastructure, emergency transportation, other functions related to civilian protection, and all other activities necessary or incidental to the preparation for and carrying out of these functions.

    iii. "Emergency management" means the preparation for and implementation of all emergency functions, other than the functions for which military forces or other federal agencies are primarily responsible, to prevent, plan for, mitigate, and support response and recovery efforts from all hazards. Emergency management includes the equipping, exercising, and training designed to ensure that this state and its communities are prepared to deal with all-hazards.

    iv. "Health Care Facilities" means State licensed nursing homes (as defined in 33 V.S.A. § 7102(7) ) and Middlesex Therapeutic Community Residence, all State licensed assisted living residences (as defined in 33 V.S.A. § 7102(1) ), Level III residential care homes (33 V.S.A. 7102(10)(A)), intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), all State therapeutic community residences (as defined in 33 V.S.A. § 7102(11) ), Level IV residential care homes ( 33 V.S.A. § 7102(10)(B) ), all hospitals (as defined in 18 V.S.A. § 1902 ) and all alternate or temporary hospital sites and other isolation, quarantine or housing sites designated by the Commissioner of PSD/VEM for the treatment of, or alternate shelter for those who have been exposed to or infected with COVID-19.

    v. "Health Care Providers" means all health care providers as defined by 18 V.S.A. § 9432(9) , including volunteers, who are providing health care services in response to the COVID-19 outbreak and are authorized to do so.

    vi. "Health Care Volunteers" means all volunteers or medical or nursing students who do not have licensure who are providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak and are authorized to do so.

    B. For Health Care Facilities and Health Care Providers, an emergency management service or response activity, includes, but may not be limited to:

    i. Expedited postponement of non-essential adult elective surgery and medical and surgical procedures, including dental procedures, in the safest but most expedient way possible, as ordered by Addendum 3 of the Executive Order, if elective surgeries and medical and surgical procedures are performed at the Health Care Facility or by the Health Care Provider;

    ii. Cancelling or denying elective surgeries or procedures or routine care to the extent determined necessary for the health, safety and welfare of a patient or as necessary to respond to the COVID-19 outbreak;

    iii. Redeployment or cross training of staff not typically assigned to such duties, to the extent necessary to respond to the COVID-19 outbreak;

    iv. Planning, or enacting, crisis standard-of-care measures, including, but not limited to, modifying numbers of beds, preserving PPE, and triaging access to services or equipment as necessary to respond to the COVID-19 outbreak; and

    v. Reduced record-keeping to the extent necessary for Health Care Providers to respond to the COVID-19 outbreak.

  3. For Health Care Volunteers, "emergency management services or response activities" also includes providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak.
  4. Nothing contained in this Executive Order shall alter existing law with respect to gross negligence or willful misconduct.

    This Addendum 9 shall take effect upon signing and shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.

    Dated April 10, 2020

    WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and a little more than a month later Vermont has experienced over 760 cases and 30 related deaths; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes on transactions, and suspending the operation of businesses which are not deemed critical; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, as we move forward, businesses, governments and employees must understand that how they work is essential to resuming and maintaining business operations, to stay safe and save lives.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8 , 9 and 11 and other laws hereby order as follows:

    1. Health and Safety Requirements.   The State shall undertake a phased approach to reopen the economy, balancing the need to restore and strengthen our overall social and economic wellbeing with the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date. In order to achieve this balance, all businesses and non-profit and governmental entities, including employees and contractors of governmental entities, which are operating or will be operating during the declared State of Emergency, shall implement the following physical distancing, health and sanitation measures in accordance with Vermont Department of Health and CDC guidelines:
      1. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).
      2. Employees must observe strict social distancing of 6 feet while on the job.
      3. Employees must wear non-medical cloth face coverings (bandanna, scarf, or non-medical mask, etc.) over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or "sneeze guard" is acceptable in lieu of a mask.
      4. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected at the beginning, middle and end of each shift and prior to transfer from one person to another.
      5. No more than 2 people shall occupy one vehicle when conducting work.
    2. Customer and General Public Mask Use.   Customers and the public in general, are encouraged to wear cloth face coverings any time they are interacting with others from outside their households.
    3. Phased Restart.   Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.

      To safely reopen certain business, non-profit and governmental operations not determined to be critical pursuant to the Governor's Stay Home/Stay Safe order, ACCD shall, in consultation with VDH and the Department of Public Safety/Vermont Emergency Management, support the development of plans and sector strategies to allow for phased, data-driven reopening.

      Subject to compliance by all affected businesses and non-profit and government entities with the health and safety requirements above, Phase 1 of this effort, effective April 20, 2020, will allow the following:

      1. ACCD in consultation with VDH and the DPS/VEM shall issue guidance, which authorizes "micro-crews," or no more than two (2) persons per location/job, to perform outdoor work and construction work in unoccupied structures. Supporting operations may resume with the minimum number of employees necessary to support curbside pick-up and delivery services, and in accordance with the guidance issued by ACCD.
      2. ACCD shall clarify guidance for commercial retail operations, including those that operate in an outdoor setting, that they may resume operations with the minimum number of employees necessary to support curbside pick-up, delivery services, and warehouse or distribution operations in support of curbside, or delivery. All orders must occur over the phone or online and no in-store transactions are allowed at this time.
      3. Services operating with a single worker (such as appraisers, realtors, municipal clerks, attorneys, property managers, pet care operators and others), may resume operations so long as no more than 2 persons (service provider and client) are present at one time.
      4. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety requirements set forth above.
      5. In accordance with Addendum 5 to the Executive Order (Order to Work From Home for all Businesses and Non-Profits) and Stay Home Stay Safe, all businesses, non-profit entities and government entities shall continue procedures to support work from home and telecommuting for all workers to the extent possible.
      6. All businesses, not-for profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.

        This Addendum 10 shall take effect upon signing and shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.

        Dated April 17, 2020

        WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and a month and a half later Vermont has experienced over 800 cases and over 40 related deaths; and

        WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which are not deemed critical; and

        WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

        WHEREAS, the Governor has determined to begin a cautious, incremental and evidence-based approach to restarting Vermont's economy; and

        WHEREAS, as we move forward, businesses, governments and employees must understand that how they work is essential to resuming and maintaining business operations, to stay safe and save lives.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8 , 9 and 11 and other laws hereby order as follows:

        1. Health and Safety Requirements. The State shall continue a phased approach to reopen the economy, balancing the need to restore and strengthen our overall social and economic wellbeing with the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date. In order to achieve this balance, all businesses and non-profit and governmental entities, including employees and contractors of governmental entities, which are operating or will be operating during the declared State of Emergency, shall implement the following physical distancing, health and sanitation measures in accordance with Vermont Department of Health, CDC and Agency of Commerce and Community Development (ACCD) guidelines:

        a. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).

        b. Employees must observe strict social distancing of six feet while on the job.

        c. Employees must wear face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or "sneeze guard" is acceptable in lieu of a mask.

        d. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected at the beginning, middle and end of each shift and prior to transfer from one person to another.

        e. No more than two (2) people shall occupy one vehicle when conducting work.

        f. To the extent feasible, prior to the commencement of each work shift, pre-screening, including temperature checks and survey shall be required to verify each employee has no symptoms of respiratory illness (fever, cough, and/or shortness of breath).

      7. Signs must be posted at all entrances clearly indicating that no one may enter if they have symptoms of respiratory illness.
      8. No congregation of employees shall be permitted on site.
      9. No workers who have knowledge of contact with a worker who is diagnosed with COVID-19 shall be permitted on site and shall quarantine for 14 days.
      10. Indoor workspaces where more than two (2) employees are working must have good air circulation.
      11. All operations shall designate a health officer on-site at every shift responsible for ensuring compliance with Addendum 10 and this Addendum 11 to the Executive Order and applicable ACCD Guidance. This person shall have the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements.
      12. All employees, including those already working (except healthcare workers, first responders, and others already trained in infection control, personal protection/universal precautions), must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA, or another training program that meets or exceeds the VOSHA-provided standard.

        2. Training Requirements. All employers shall provide training and a written copy of standard operating procedures to be developed by the Vermont Occupational Safety and Health Agency (VOSHA), in consultation with VDH, on, at a minimum:

        a. The signs and symptoms of COVID-19 and an explanation of how the disease is spread;

        b. Information on appropriate social distancing and personal hygiene practices, including those set forth in this Addendum 11 to the Executive Order and applicable ACCD Guidance; and

        c. The types, proper use, limitations, location, handling, decontamination, removal, and disposal of any PPE being used.

        Employers may adopt another training program that meets or exceeds the VOSHA-provided standard, or additional policies and procedures that are applicable to the employment environment and employees' duties, which shall not be less restrictive than those developed by VOSHA.

        All businesses and non-profit and government entities in operation must complete and document mandatory health and safety training by May 4, 2020.

        3. Customer and General Public Mask Use. Customers and the public in general, are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households.

    4. Phased Restart.   Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.

      Subject to compliance by all affected businesses and non-profit and government entities with the health and safety requirements set forth above and ACCD guidance developed in consultation with VDH and the Department of Public Safety/Division of Emergency Management, Phase 2 of this effort, effective April 27, 2020, will allow the following:

      1. "Micro-crews" or no more than five (5) persons per location/job, to perform outdoor work and construction work in unoccupied structures.
      2. Manufacturing and distribution operations may resume with a maximum of 5 (five) employees in any location if they are low-density and ensure employees are at least six feet apart at all times.
      3. Supporting operations may continue with the minimum number of employees necessary to support curbside pick-up and delivery services, and in accordance with the guidance issued by ACCD.
      4. Resumption of in-person shopping at outdoor retail operations, such as garden centers and greenhouses offering mulch, stone, plant, tree, seed sales; provided, however,   these operations shall not permit any more than a maximum of 10 total people including customers and staff.

        Outdoor retail operations shall take steps to schedule or stage customer visits, such as waiting in cars until ready, to ensure no congregation.

      5. Libraries may allow for curbside pickup for lending in accordance with guidance issued by the Department of Libraries.
    5. Farmers Market.   Subject to compliance with the health and safety requirements set forth above and ACCD guidance developed in consultation with VDH and the Department of Public Safety/Division of Emergency Management, effective May 1, 2020, farmers markets may open using limited in-person operations to ensure consumer access to quality, healthy food; provided, however:
      1. Farmer's markets must adhere to all municipal ordinances and regulatory and permitting requirements prior to opening.
      2. Farmer's markets must significantly alter their business practices to eliminate crowds and reduce contact between vendors and customers, including a transition away from shopping and social events to primarily a food distribution system.
      3. Farmers markets shall use a "pre-order, local food pick-up" model to the extent possible and comply with any additional guidance issued by the Agency of Agriculture and Food Markets (AAFM).
    6. Education and Compliance.   VOSHA, VDH inspectors and AAFM inspectors shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and governmental entities have the information necessary to comply with the health and safety requirements of this Addendum 11 to the Executive Order.
    7. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements set forth above.
    8. In accordance with Addendum 5 to the Executive Order (Order to Work From Home for all Businesses and Non-Profits) and Stay Home Stay Safe, all businesses, non-profit entities and government entities shall continue procedures to support work from home and telecommuting for all workers to the extent possible.
    9. All businesses, not-for-profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.

      This Addendum 11 shall take effect upon signing and, except as modified in this Addendum 11, the Executive Order and all Addenda thereto and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.

      Dated April 24, 2020

      WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 860 cases and over 45 related deaths; and

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which are not deemed critical; and

      WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

      WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont's economy; and

      WHEREAS, as we move forward, businesses, governments and employees must understand that how they work is essential to resuming and maintaining business operations, to stay safe and save lives.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:

      1. Health and Safety Requirements. The State shall continue a phased approach to reopen the economy, balancing the need to restore and strengthen our overall social and economic wellbeing with the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date. As previously established in Addendum 11 to the Executive Order, in order to achieve this balance, all businesses and non-profit and government entities, including employees and contractors of government entities, which are operating or will be operating during the declared State of Emergency, shall implement the following physical distancing, health and sanitation measures in accordance with Vermont Department of Health, CDC and Agency of Commerce and Community Development (ACCD) guidelines:

      1. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).
      2. Employees must observe strict social distancing of six feet while on the job. Businesses and non-profit or government entities shall ensure customers observe strict social distancing of six feet while on location, to the extent possible.
      3. Employees must wear face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or "sneeze guard" is acceptable in lieu of a mask.
      4. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected regularly.
      5. No more than two people shall occupy one vehicle when conducting work.
      6. Prior to the commencement of each work shift, pre-screening, including temperature checks and health survey shall be required to verify each employee has no symptoms of respiratory illness (fever, cough, and/or shortness of breath). At the present time non-contact thermometers are in short supply, however employers shall immediately order, and use their best efforts to obtain, thermometers in order to conduct routine temperature checks.
      7. Signs must be posted at all entrances clearly indicating that no one may enter if they have symptoms of respiratory illness.
      8. No congregation of employees shall be permitted on site.
      9. No workers who have knowledge of contact with a worker who is diagnosed with COVID-19 shall be permitted on site and shall quarantine for 14 days.
      10. Indoor workspaces where more than 2 employees are working must have good air circulation.
      11. All operations shall designate a health officer on-site at every shift responsible for ensuring compliance with the Executive Order and the Addenda thereto and applicable ACCD Guidance. This person shall have the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements.
      12. All employees, including those already working (except healthcare workers, first responders, and others already trained in infection control, personal protection/universal precautions), must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA, or another training program that meets or exceeds the VOSHA-provided standard.

        2. Enhanced Training Requirements. On April 27, 2020, Vermont Occupational Safety and Health Agency (VOSHA) developed a minimum level of health and safety training to be completed by all employees and documented by businesses and non-profit and government entities in operation, no later than May 4, 2020. VOSHA has undertaken the preparation of translated versions of the training, and those employees and employers who require translated versions shall have an additional week from the date of release of the translation to complete and document the training. VOSHA training establishes a minimum standard for training which will not be sufficient for all businesses and non-profit and government entities to reopen safely during the COVID-19 pandemic.

        Except as set forth below, employers, or industries, trade associations, chambers of commerce or similar representative organizations acting on behalf of employers, shall adopt a training program prior to reopening. In many cases, this will require a plan that augments the VOSHA training standards with additional policies and procedures customized to the unique nature of the entity or sector-specific employment environment. Consideration shall be given to the ability of a particular industry sector or business or non-profit or government entity to deliver goods or services in a manner that does not put either employees or the public at risk of exposure to the COVID-19 virus during an outbreak.

        Augmented plans should assess the need to:

        ì Adopt a phased approach to reopening which provides sufficient opportunity to operate first in a low density and low contact environment before making the incremental changes needed to accommodate more moderate density activity while continuing to maintain health and safety.

        ì Update physical and administrative safety systems to accommodate COVID-19 VDH/CDC/VOSHA guidelines, health monitoring, including temperature checks, cleaning and sanitizing methods and physical distancing measures.

        ì Take appropriate measures to protect employees at greater risk of contact by virtue of their occupational role or setting.

        ACCD shall provide guidance and examples for developing health and safety training plans.

        All businesses and non-profit and government entities who have suspended operations for 7 or more days under Addendum 6 to the Executive Order (Stay Home/Stay Safe) shall have on file a health and safety training plan prior to reopening. The plan shall be made available to VOSHA or to any employee upon request.

        Notwithstanding the foregoing, businesses and non-profits and government entities with fewer than 10 employees at any one office or site of operation, may elect to implement the VOSHA training.

        3. Customer and General Public Mask Use. Customers and the public in general, are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households. Businesses and non-profit and government entities may require customers or clients to wear masks.

        4. Mask Use on Public Transit Conveyances or in Mass Transportation Facilities. The traveling and commuting public shall wear face coverings over their nose and mouth any time they are using public transportation conveyances, including busses, trains and ride services and when in a mass transportation station or terminal, including airports.

        5. Phased Restart. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.

        Subject to compliance by all affected businesses and non-profit and government entities with the health and safety requirements set forth above and ACCD guidance developed in consultation with VDH and the Department of Public Safety/Division of Emergency Management, Phase 3 of this effort, effective May 4, 2020, will allow the following:

        a. Small crews of no more than ten (10) persons per location/job, to perform outdoor work and construction work in unoccupied job sites. An unoccupied job site may be a single unit in a commercial or residential structure. "Unoccupied," may include sites vacated for the duration of the construction work.

        b. Manufacturing and distribution operations may resume with a maximum of ten (10) employees in any location if they are low-density and ensure employees are at least six feet apart at all times.

        c. Supporting operations may continue with the minimum number of employees necessary to support curbside pick-up and delivery services, and in accordance with the guidance issued by ACCD.

        6. Manufacturing, construction, and distribution operations. Subject to (1) compliance with the health and safety requirements set forth above and ACCD guidance and (2) the development of enhanced training programs as set forth above, effective May 11, 2020, manufacturing, construction, and distribution operations may restart with as few employees as necessary to permit full operations while continuing to maintain health and safety.

        7. Education and Compliance. VOSHA, VDH inspectors and AAFM inspectors shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and government entities have awareness of and access to the information necessary to comply with the health and safety requirements of this Addendum 12 to the Executive Order.

        8. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements set forth above.

        9. In accordance with Addendum 5 to the Executive Order (Order to Work From Home for all Businesses and Non-Profits) and Stay Home/Stay Safe, all businesses, non-profit entities and government entities shall continue procedures to support work from home and telecommuting for all workers to the extent possible.

    10. All businesses, not-for-profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.

      This Addendum 12 shall take effect upon signing and, except as modified in this Addendum 12, the Executive Order and all Addenda thereto and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.

      Dated May 1, 2020

      WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 900 cases and over 50 related deaths; and

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which are not deemed critical; and

      WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

      WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont's economy and recognizes the need to address expanded recreational and social opportunities for Vermonters as well; and

      WHEREAS, as we move forward, Vermonters must understand that how they recreate and socialize is essential to staying safe and saving lives.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:

      1. Play Smart and Play Safe. Addendum 6 to the Executive Order (Stay Home/Stay Safe), is hereby amended to make clear Vermonters may leave home to get fresh air and exercise and resume limited social interactions and gatherings of 10 or fewer, preferably in outdoor settings, provided that physical distancing and protocols for hygiene consistent with guidance from VDH and the Centers for Disease Control (CDC), are observed. To keep disease from spreading this means:

      ì Always staying home and away from others if you are sick with COVID-19, have recently been exposed to someone who has COVID-19, or just don't feel well.

      ì Keeping a 6-foot distance from others when you meet people outside of your household.

      ì Frequently washing your hands (hand sanitizer is acceptable when soap and water are not available).

      ì Coughing and sneezing into your elbow (even if you are wearing a facial covering).

      ì Wearing a facial covering over your nose and mouth, as set forth further in Section 3 below.

      Vermonters may leave home to participate in outdoor recreation and outdoor fitness activities that require low or no direct physical contact.

      With respect to these limited social interactions or gatherings of 10 or fewer:

      ì Vermonters must prioritize protecting those at higher risk for severe illness.

      ì Continue to limit non-essential travel; all travel should be limited to Vermont to the extent possible and when you do travel, limit non-essential stops. Anyone who leaves Vermont for more than one day for non-essential travel is required to quarantine at home for 14-days upon their return.

      Older adults (age 65 and over), and people with underlying medical conditions, like heart and lung disease or diabetes, are more likely to develop severe illness. They should continue to shelter in place, and family and friends should do everything they can to help keep them safe.

      2. Trusted Households. Members of one household may choose to socialize - and allow children to play - with members of another household, such as family, neighbors or friends known to be following VDH/CDC health and safety precautions. The Commissioner of VDH is hereby directed to issue guidance on recommended practices which allow Vermonters to reconnect with small groups of family and friends from "trusted households" in ways that allow them to relax some physical distancing.

      3. General Public Mask Use. All Vermonters are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households, including in congregate outdoor settings. Masks are not recommended for strenuous outdoor activity. Businesses and non-profit and government entities may require customers or clients to wear masks.

      4. Phased Restart: Phrase 5, Outdoor Recreation. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers, employees and the general public to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.

      Effective May 7, 2020, all businesses and non-profit and government entities which support or offer outdoor recreation and outdoor fitness activities that require low or no direct physical contact may begin operations, subject to compliance with the health and safety guidelines and training requirements set out below, and applicable Agency of Commerce and Community Development (ACCD) guidance. These include, but are not limited to state and municipal parks, recreation associations, trail networks, golf courses, big game check stations and guided expeditions. Campgrounds, marinas and beaches shall not be opened at this time. In addition, all businesses and non-profit and government entities which support or offer outdoor recreation and fitness activities must implement the following measures:

      ì Require Vermonters participating in outdoor recreation and fitness activities to "arrive, play and leave." Groups may not congregate before or after activities, for example, no tailgating.

      ì Post signage and institute registration processes that reinforce outdoor facilities are only open to Vermonters and those who have met the 14-day quarantine requirement.

      ì Post signage, discouraging contact sports and games.

      ì Eliminate services or transactions that result in touch points and/or staff-customer interactions that are not absolutely necessary.

      ì Reduce high contact surfaces and common areas, including closing waiting areas, removing picnic tables, closing play structures, and offering only rental equipment that can and will be thoroughly disinfected between users.

      ì Close indoor facilities that require in-person transactions (such as lobbies, pro-shops and other small retail operations, bars and restaurants), and deliver goods and services for curbside pickup, delivery or via online portals.

      ì Restroom facilities may only be opened if they can be regularly cleaned and disinfected in accordance with VDH/CDC guidelines.

      5. Health and Safety Requirements. All businesses and non-profit and government entities which support or offer outdoor recreation and fitness activities shall implement the following physical distancing, health and sanitation measures in accordance with VDH, CDC and ACCD guidelines:

      1. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).
      2. Employees must observe strict social distancing of six feet while on the job. Businesses and non-profit or government entities shall ensure customers observe strict social distancing of six feet while on location, to the extent possible.
      3. Employees must wear face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or "sneeze guard" is acceptable in lieu of a mask.
      4. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected regularly.
      5. No more than two people shall occupy one vehicle when conducting work.
      6. Prior to the commencement of each work shift, pre-screening, including temperature checks and health survey shall be required to verify each employee has no symptoms of respiratory illness (fever, cough, and/or shortness of breath). At the present time non-contact thermometers are in short supply, however employers shall immediately order, and use their best efforts to obtain, thermometers in order to conduct routine temperature checks.
      7. Signs must be posted at all entrances clearly indicating that no one may enter if they have symptoms of respiratory illness.
      8. No congregation of employees shall be permitted on site, except for necessary work.
      9. No workers who have knowledge of contact with a worker who is diagnosed with COVID-19 shall be permitted on site and shall quarantine for 14 days.
      10. Indoor workspaces where more than two employees are working must have good air circulation.
      11. All operations shall designate a health officer on-site at every shift responsible for ensuring compliance with the Executive Order and the Addenda thereto and applicable ACCD Guidance. This person shall have the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements.
      12. All employees, including those already working (except healthcare workers, first responders, and others already trained in infection control, personal protection/universal precautions), must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA, or another training program that meets or exceeds the VOSHA-provided standard.

        6. Enhanced Training Requirements. Businesses and non-profit and government entities, with over 10 employees, which support or offer outdoor recreation and fitness activities, or trade associations, chambers of commerce or similar representative organizations acting on behalf of employers, shall adopt a health and safety training program prior to reopening. In many cases, this will require a plan that augments the VOSHA training standards with additional policies and procedures customized to the unique nature of the entity or sector-specific employment environment. Consideration shall be given to the ability of a particular industry sector or business or non-profit or government entity to deliver goods or services in a manner that does not put either employees or the public at risk of exposure to the COVID-19 virus during an outbreak. The plan shall be made available to VOSHA or to any employee upon request.

        Augmented plans should assess the need to:

        ì Adopt a phased approach to reopening which provides sufficient opportunity to operate first in a low density and low contact environment before making the incremental changes needed to accommodate more moderate density activity while continuing to maintain health and safety.

        ì Update physical and administrative safety systems to accommodate COVID-19 VDH/CDC/VOSHA guidelines, health monitoring, including temperature checks, cleaning and sanitizing methods and physical distancing measures.

        ì Take appropriate measures to protect employees at greater risk of contact by virtue of their occupational role or setting.

        ACCD shall provide guidance and examples for developing health and safety training plans.

        7. Education and Compliance. State agencies and departments which may regulate businesses and non-profit and government entities which support or offer outdoor recreation and fitness activities shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and government entities have awareness of and access to the information necessary to comply with the health and safety requirements of this Addendum 13 to the Executive Order.

        8. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements set forth above.

        9. All businesses, not-for profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.

        This Addendum 13 shall take effect upon signing and, except as modified in this Addendum 13, the Executive Order and all Addenda thereto and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.

        Dated May 6, 2020

        WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention ("CDC") and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus ("COVID-19"), in the United States; and

        WHEREAS, the Governor directed the Vermont Department of Health ("VDH") to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

        WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management ("DPS/VEM") to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center ("SEOC"), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

        WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and

        WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

        WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and

        WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including:

        ì Directive 1 issued March 15, 2020, to all School Boards and Superintendents for Continuity of Education Planning which closed all schools to in-person education and required planning for education continuity;

        ì Addendum 1 to the Executive Order issued March 16, 2020, which modified the Executive Order to prohibit all non-essential mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility at the same time for social, recreational or entertainment activities;

        ì Addendum 2 to the Executive Order issued March 17, 2020 ordering restaurants, bars, or establishments that offer food or drink to suspend on-premises consumption of food or drink;

        ì Directive 2 issued March 17, 2020 to all School Boards, Superintendents, and Child Care Programs to close childcare centers and provide for services to children of Essential Persons during the closure period in response to COVID-19;

        ì Directive 3 issued March 18, 2020 directing Department of Motor Vehicle services to provide online, by mail or phone, and suspend all in-person transactions;

        ì Directive 4 issued March 19, 2020 to the Department of Liquor and Lottery authorizing take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off-premise consumption;

        ì Addendum 3 to the Executive Order issued March 20, 2020, requiring the postponement of all non-essential adult elective surgery and medical and surgical procedures;

        ì Addendum 4 to the Executive Order issued March 21, 2020, which suspended the operation of close-contact businesses and further restricted the size of mass gatherings;

        ì Addendum 5 to the Executive Order issued March 23, 2020, which ordered all businesses and non-profits to institute work from home procedures to the extent possible;

        ì Addendum 6 to the Executive Order issued March 24, 2020, which ordered all Vermonters to stay home, stay safe with the exception of those performing critical services ("Stay Home/Stay Safe");

        ì Directive 5 issued March 25, 2020 clarifying schools for preK-12 students shall remain dismissed for in-person instruction for the remainder of the 2019-2020 school year and required schools to have continuity of learning plans for remote learning implemented on or before Monday, April 13, 2020;

        ì Addendum 7 to the Executive Order issued March 30, 2020, which imposed quarantine restrictions on travelers arriving in Vermont and clarified the closure of lodging operations;

        ì Addendum 8 to the Executive Order issued April 3, 2020, which clarified the Governor's direction to provide non-congregate sheltering in Vermont and extended certain deadlines relating to closures of DMV and bars and restaurants; and

        ì Addendum 9 to the Executive Order issued April 10, 2020, which extended the Executive order through May 15 and made other directives and clarifications.

        WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

        WHEREAS, as of April 17, 2020, the Governor began to undertake a phased approach set forth below, to reopen the economy, addressing the need to restore and strengthen the State's overall social and economic wellbeing while including measures for the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date:

        ì Phase 1 set forth in Addendum 10 to the Executive Order issued April 17, 2020, which outlined principles and safety precautions for a phased restart of the Vermont economy, allowed small crews for outside construction or other outdoor trade jobs, and single-worker professional services and clarified guidance for retailers to allow additional operations using delivery and curbside service;

        ì Phase 2 set forth in Addendum 11 to the Executive Order issued April 24, 2020, which allowed an expansion of small crews for construction and resumption of manufacturing and distribution operations with small crews, in-person shopping at outdoor retail operations and farmers markets and offered clarity for library operations;

        ì Phase 3 set forth in Addendum 12 to the Executive Order issued May 1. 2020, which required enhanced training for larger operations and mask use on public transit and in public transportation facilities, and allowed further phased expansion, up to full operations, of construction, manufacturing and distribution operations;

        ì Phase 4 set forth in an Amendment to Addendum 3 to the Executive Order issued May 4, 2020, which allowed for the phased restart of elective medical and surgical procedures;

        ì Phase 5 set forth in Addendum 13 to the Executive Order issued May 6, 2020, which expanded some outdoor recreation and allowed limited social interactions; and

        ì Phase 6 set forth in an Amendment to Addendum 6 to the Executive Order (Stay Home/Stay Safe) issued May 13, 2020, which allowed for limited resumption of retail operations which were not deemed critical under Stay Home/Stay Safe; and

        WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Monday, June 15, 2020; and

        WHEREAS, the Governor has further determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to further modify Addendum 6 to the Executive Order to expand the range of activities and travel Vermonters may enjoy with an understanding that VDH and CDC health and safety measures should be followed; and

        WHEREAS, the Governor has determined to authorize lodging facilities to resume operations on a limited basis beginning May 22, 2020, subject to further action as needed to respond to continued COVID-19 response.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Monday, June 15, 2020.

        IT IS FURTHER ORDERED:

        1. Except as set forth herein, the Executive Order and all Directives and Addenda, as amended, issued thereunder shall continue in full force and effect until midnight on June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend the State of Emergency.

        2. Be Smart/Stay Safe: Section 1 of Addendum 6 of the Executive Order (Stay Home/Stay Safe), is hereby amended and restated as follows:

        To preserve the public health and safety, to ensure the healthcare delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, Vermonters are encouraged to limit their exposure to disease outside their homes or places of residence as much as possible.

        Vermonters should travel only as needed:

        ì For personal safety, medical care and care of others;

        ì For work, although all workers should continue to work remotely whenever possible;

        ì For shopping and services available at all businesses and non-profit and government entities determined to be critical and those which have been authorized to resume operations;

        ì To get fresh air and exercise by taking advantage of outdoor recreation and outdoor fitness activities that require low or no direct physical contact;

        ì For limited social interactions and gatherings of 10 or fewer, preferably in outdoor settings; and

        ì For in-state stays at available lodging, campground and marina facilities.

        To keep disease from spreading, Vermonters should maintain physical distancing and protocols for hygiene recommended in guidance from CDC, VDH and other designated state agencies and departments. This means:

        ì Always staying home and away from others if you are sick with COVID-19, have recently been exposed to someone who has COVID-19, or just don't feel well;

        ì Keeping a 6-foot distance from others when you meet people outside of your household;

        ì Frequently washing your hands (hand sanitizer is acceptable when soap and water are not available);

        ì Coughing and sneezing into your elbow (even if you are wearing a facial covering);

        ì Wearing a facial covering over your nose and mouth when you are in close proximity to others from outside your household; and

        ì Limiting travel to within Vermont to the extent possible and when you do travel, limit non-essential stops.

        Older adults (age 65 and over), and people with underlying medical conditions, like heart and lung disease or diabetes, are more likely to develop severe illness. They should continue to shelter in place, and Vermonters should do everything they can to help keep them safe.

        3. General Public Mask Use. All Vermonters are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households, including in congregate outdoor settings where it is not possible to maintain physical distancing. Masks are not recommended for strenuous outdoor activity, anyone under the age of 2, anyone with a medical condition that is complicated or irritated by a facial covering, or anyone with difficulty breathing. Masks are not required when eating in outdoor settings. Businesses and non-profit and government entities may require customers or clients to wear masks. The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein.

        4. Lodging Operations. Addendum 6 and Addendum 7 to the Executive Order are hereby modified to allow the limited resumption of lodging operations, including hotels, motels, bed and breakfasts, inns, short term rentals, such as those made available through VRBO, Homeaway, AirBnb and other services, parks for recreational vehicles and campgrounds, all public and private camping facilities including those managed by the Vermont Department of Parks and Recreation, and marinas.

        Lodging may be provided for the following purposes:

        a. Housing vulnerable populations (emergency shelter for homeless individuals) as arranged through the state;

        b. Providing accommodations for health care workers, other workers deemed necessary to support public health, public safety or critical infrastructure and workers entering the state for authorized work;

        c. Use of lodging properties as quarantine facilities as arranged by the state; and

        d. Lodging for Vermont residents and others who certify self-quarantine for a minimum of 14 days prior to lodging overnight in Vermont.

        On-line reservations may be resumed as of the date of this Addendum for stays beginning May 22, 2020. Lodging providers, and the online platforms that facilitate rentals and reservations, shall clearly post a prominent notice on their web platforms which advises potential guests of the health and safety requirements currently applicable to lodging and gatherings in Vermont.

        The Secretary of the Agency of Commerce and Community Development (ACCD) shall issue mitigation requirements and procedures which require implementation of appropriate occupancy limits for stays and events and physical distancing, health and sanitation and training measures. The Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize additional limited, incremental, and phased resumption of lodging operations and update and modify the mitigation requirements and procedures regarding the resumption of lodging operations.

        If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and lodging operations cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19 and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all lodging operations to return to certain standards of operation.

        5. For the sake of clarity, Addendum 2 to the Executive Order dated March 16, 2020, which prohibited on-premises consumption of food or drink, Addendum 4 to the Executive Order dated March 20, 2020, which suspended the operation of close contact businesses, and Addendum 5 to the Executive Order dated March 23, 2020, which required all businesses, and non-profit and government entities to implement telework procedures to the extent possible, shall remain in full force and effect. Addendum 6 to the Executive Order dated March 24, 2020 (Stay Home/Stay Safe) shall remain in effect except as modified by Addendum 10, Addendum 11, Addendum 12, Addendum 13, Amendment, this Addendum 14 and mitigation requirements and procedures for the limited, incremental and phased resumption of business, non-profit and government entity operations issued by the Secretary of ACCD with the approval of the Governor. Businesses and non-profit and government entities which have not been authorized to resume operations as of the date of this Executive Order shall be addressed at a later date.

        This Addendum 14 shall take effect upon signing and shall continue in full force and effect until midnight on June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.

        Dated May 15, 2020

        WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, the Governor, in consultation with Vermont Department of Health ("VDH"), and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including the issuance of Addendum 2 to the Executive Order issued March 17, 2020 ordering restaurants, bars, or establishments that offer food or drink to suspend on-premises consumption of food or drink; and

        WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

        WHEREAS, as of April 17, 2020, the Governor began to undertake a phased approach to reopen the economy, addressing the need to restore and strengthen the State's overall social and economic wellbeing while including measures for the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date; and

        WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH, to consent to issuance by the Secretary of the Agency of Commerce and Community Development (ACCD), the limited, incremental, and phased resumption of restaurant and bar operations, subject to further action as needed to respond to continued COVID-19 response; and

        WHEREAS, the Governor has further determined to provide clarity regarding the suspension of fairs and festivals in 2020.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:

        1. Restaurant and Bar Operations. Effective May 22, 2020, Addendum 2 to the Executive Order is hereby modified to allow the limited resumption of restaurant and bar operations in accordance with the general health and safety requirements and the mitigation requirements and procedures regarding restaurant operations issued by the Secretary of ACCD.

        If the Commissioner of VDH has determined that a COVID-19 outbreak has occurred and restaurant and bar operations cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19 and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all restaurant or bar operations to return to certain standards of operation.

        2. State Regulation. Effective May 22, 2020, the rules of the Board of the Department of Liquor and Lottery (Board) are hereby amended or rescinded, or shall be interpreted as necessary, to allow first, third and fourth class licensees to offer outdoor consumption of beverage alcohol with, or independent of the sale of food, as follows:

        ì Licensees must submit a notice document to the Department of Liquor and Lottery (DLL), using an on-line form available at liquorcontrol.vermont.gov, to indicate intent to apply for an initial or modified Outdoor Consumption Permit. Upon submission of the notice, licensees may begin to offer outdoor consumption of beverage alcohol with, or independent of the sale of food in accordance with ACCD guidance.

        ì Licensees must describe the area to be used for outdoor consumption of beverage alcohol and include in this description what physical barrier will define the perimeter of the area to be used.

        ì A licensee must have a legal control over, local authority to use or a legally binding agreement to use, the area it is applying to utilize.

        ì A licensee shall immediately submit its Outdoor Consumption Permit application to DLL for approval.

        ì DLL shall make best efforts to process all permit applications within 48 hours of submission.

        ì Applicants shall have until June 12, 2020 to obtain the approval of the local jurisdiction and may operate in accordance with the DLL permit pending that determination.

        ì Permits disapproved by a local jurisdiction shall be deemed disapproved by DLL.

        DLL will waive all fees for an application for an initial or modified Outdoor Consumption Permit.

        The Board shall not penalize any licensee who is in compliance with the terms of this Executive Order and any approved guidance issued hereunder.

        Restaurants, bars, or other establishments that offers food or drink may continue to offer food and beverage alcohol for take-out and delivery.

        3. Local Ordinance and Regulation. Enforcement of all municipal ordinances and regulations requiring an applicant to receive an approval or permit for outdoor food and beverage service is hereby suspended until such time as the local jurisdiction has acted to disapprove an Outdoor Consumption Permit issued by DLL hereunder. All applications may be subject to review and approval by the local jurisdiction and reasonable conditions may be imposed, provided that nothing in this Order shall require a municipality to approve an Outdoor Consumption Permit.

        Failure of a local jurisdiction to impose conditions on, or disapprove, an Outdoor Consumption Permit on or before June 12, 2020 shall be deemed approval.

        4. Fairs and Festivals. Vermonters planning fairs and festivals require certainty given the long lead time necessary for the successful operation of these fairs and festivals. For the sake of clarity, in light of the importance of maintaining the public health outcomes achieved to date, and continuing to make more progress in suppressing, containing and eliminating the spread of the virus, how people gather, and in what quantity, will continue to change in the months ahead. This will be problematic for large event planning purposes over the next 3-4 months and therefore traditional fairs and festivals are hereby cancelled until further notice.

        This shall not prevent fairgrounds and other indoor and outdoor venues from operating for sporting, entertainment, concerts and other events in accordance with then applicable VDH/ACCD guidance on gathering size, occupancy limits, distancing and other health and safety requirements.

        This Addendum 15 shall take effect upon signing and shall continue in full force and effect until midnight on June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.

        Dated May 22, 2020

        WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced almost 1,000 cases and over 50 related deaths; and

        WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, the Executive Order expressly recognized the critical need to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities and imposed a limit on the size of mass gatherings; and

        WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the Department of Health (VDH), the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness, including suspension of the operations of close contact businesses, additional limits on the size of gatherings and self-quarantine requirements for those travelling to Vermont to stay; and

        WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

        WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont's economy and continues to do so with the limited reopening of close contact businesses and incremental increases to the size of gatherings.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby supplement Addendum 4 to the Executive Order to direct the Secretary of the Agency of Commerce and Community Development (ACCD) to issue mitigation requirements and procedures for the limited, incremental and phased resumption of close contact businesses such as gymnasiums, fitness centers and similar exercise facilities, nail salons, spas and tattoo parlors business, effective June 1, 2020. The limited, incremental, and phased resumption of close contact businesses shall require implementation of appropriate occupancy limits and physical distancing, health and sanitation and training measures.

        IT IS FURTHER ORDERED:

        1. Large Gatherings. As of June 1, 2020, Section 6 of the Executive Order and Addendum 4 to the Executive Order are amended to allow social gatherings of up to twenty-five (25) people at the same time in any confined indoor or outdoor space which encourages congregation; provided however, to the extent the Secretary of ACCD has established occupancy limits for business and non-profit and government entity operations, including, but not limited to, retail, recreational, dining, worship and event spaces in order to ensure appropriate physical distancing, applicable occupancy limits shall apply. Absent an established occupancy limit, the limit on social gatherings as set forth herein and modified by the Secretary of ACCD, shall apply.

        Questions from commercial entities, employers, event sponsors and others shall be directed to ACCD which shall provide appropriate guidance.

        2. Authority of the Secretary. The Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize the additional limited, incremental, and phased resumption of close contact businesses, and update and modify the mitigation requirements and procedures regarding the resumption of close contact businesses.

        If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and close contact businesses cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19; and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all businesses and non-profit and government entities to return to certain standards of operation.

        Further, the Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize additional limited and incremental increases to gathering size.

        If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and Vermonters cannot safely congregate in gatherings due to increased risk of exposure to COVID-19, he is hereby authorized, with approval of the Governor, to decrease the size of gatherings as necessary to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities.

        This Addendum 16 to the Executive Order shall take effect upon signing and shall continue in full force and effect until June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

        Dated May 29, 2020

        WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 1,000 cases and 55 related deaths; and

        WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, the Executive Order expressly recognized the critical need to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

        WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of VDH, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness, including self-quarantine requirements for residents and non-residents travelling to Vermont to stay; and

        WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

        WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont's economy and continues to do so with the modification of the State's quarantine requirements to facilitate travel into Vermont without home-quarantine for a period of fourteen (14) days, based on data regarding rates of COVID-19 infection; and

        WHEREAS, the impact of COVID-19 on the Northeast United States has been significant with approximately 41 percent of all confirmed U.S. cases located within a 5-hour drive of the Vermont border, however, analysis by the State has found many counties in New York and New England currently have a low active case count making the risk of COVID-19 transmission for those traveling from those counties to Vermont low.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following:

        1. Amendment to Addendum 7 to the Executive Order. Effective Monday, June 8. 2020, Addendum 7 to the Executive Order is hereby further amended to allow travel without quarantine restrictions to and from the counties of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut and New York with 400 or fewer active cases of COVID-19 per million, and as further set forth in guidance issued by the Secretary of the Agency of Commerce and Community Development (ACCD).

        2. The Commissioner of the Department of Financial Regulation (DFR) shall report to the Governor on a weekly basis on the regional data regarding rates of COVID-19 infection, by county, for New York and each New England state. The list of qualifying counties shall be updated weekly and posted to the website of ACCD.

        3. The Secretary of ACCD, in consultation with the Commissioner of DFR and the Commissioner of VDH, with the approval of the Governor, may, from time-to-time, determine quarantine requirements designed with reference to state and regional COVID-19 infection rates to be the least restrictive means necessary to preserve the public health and safety, ensure the healthcare delivery system is capable of serving all, and help protect those at the highest risk and vulnerability.

        4. The Agency of Transportation and the Department of Motor Vehicles are hereby directed to post this guidance at all major points of entry into Vermont, on highway message boards and at the Burlington International Airport and all other Vermont airports.

        5. Guidance for self-quarantine shall be made available by ACCD and VDH.

        6. Vermonters planning to travel out of state should understand that each state may have its own quarantine policy unique to the needs of that jurisdiction to address the COVID-19 crisis. Vermonters are expected to be familiar with and respect the quarantine policies of these states when travelling.

        7. Restaurant, Bar and Catering Operations; State Regulation. For the sake of clarity, Addendum 14 to the Executive Order is intended to authorize the Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, to, from time-to-time, implement the additional limited, incremental, and phased resumption of indoor and outdoor restaurant, bar and catering businesses, and update and modify the mitigation requirements and procedures regarding the resumption of those businesses.

        Further, for the sake of clarity, the Board of the Department of Liquor and Lottery (Board) is hereby directed to amend, rescind, or interpret its rules, procedures and permitting requirements as necessary, to allow first, third and fourth class licensees, licensed caterers and licensed manufacturers to resume operations in accordance with ACCD guidance for both outdoor and indoor restaurant and bar operations and catering events.

        8. Municipal Ordinances and Regulations for the Restart of Bars. The legislative body of each municipality may enact local requirements which are more strict than the guidance issued by ACCD regarding the operation of bars, catering facilities and restaurants, to address an outbreak of COVID-19 in the municipality.

        Except as otherwise set forth herein, Addendum 7 to the Executive Order as amended in Addendum 14 to the Executive Order and as amended herein, and this Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

        Dated June 5, 2020.

        WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), in the United States; and

        WHEREAS, this rapidly evolving global situation required the Governor to direct the Vermont Department of Health (VDH) to activate the Health Operations Center (HOC) in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

        WHEREAS, in March 2020, the Governor directed Vermont Emergency Management (VEM) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (SEOC), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

        WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and

        WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

        WHEREAS, we learned that while most individuals affected by COVID-19 will experience mild flu-like symptoms, some individuals, especially those who are elderly or already have severe underlying chronic health conditions will have more serious symptoms and require hospitalization; and

        WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19 (extended April 10 and May 15, 2020); and

        WHEREAS, at the federal level, three separate emergency declarations were declared and remain in effect: a Health and Human Services (HHS) Public Health Emergency (January 31, 2020 renewed April 21, 2020), a Stafford Act Emergency (March 13, 2020), and a National Emergency (March 13, 2020); and

        WHEREAS, all states in the region, including Vermont, have experienced community transmission of COVID-19 which has led to hundreds of thousands of cases and thousands of deaths, with at least one-third of all cases nationally found within a five hour drive of Vermont's borders; and

        WHEREAS, the Governor, in consultation with VDH, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this health emergency including issuing an Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and

        WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would have threatened to overwhelm the capacity of the Vermont health care system; and

        WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont's economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and

        WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, licensing and regulatory flexibility needed to facilitate the medical response, health and safety requirements, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability, and federal emergency funding; and

        WHEREAS, the General Assembly has passed no fewer than seven COVID-19-related measures dependent on the existence of a declared State of Emergency, including three delivered to the Governor as recently as June 9, 2020, that support health care providers, provide flexibility to the Office of Professional Responsibility, VDH and the Green Mountain Care Board with respect to health care and social service provider licensing, ensure expanded health insurance coverage, facilitate prescription renewals, provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer service disconnection, protect Vermonters in a public meeting settings and provide municipalities flexibility with budgeting and municipal taxes; and

        WHEREAS, in order to ensure policies made during the State of Emergency endure the health emergency, time is needed to determine the long term actions needed by the Governor and the Legislature to sustain the health and safety of Vermonters, Vermont's medical care systems and the Vermont economy.

        NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as the Governor of Vermont and Commander-in-Chief, Vermont National Guard, by the Constitution of the State of Vermont, Chapter II, Section 20 and under 20 V.S.A. §§ 8, 9 and 11 and Chapter 29, hereby declare the State of Emergency for the State of Vermont shall be continued and extended through midnight on Wednesday, July 15, 2020. The Executive Order, as supplemented and amended, is hereby amended and restated as follows:

        1. Emergency Management Response.

        a. In preparing for and responding to COVID-19, all agencies of the State shall use and employ state personnel, equipment, and facilities or perform any and all activities consistent with the direction of VDH and the Department of Public Safety (DPS)/VEM.

        b. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by COVID-19 in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.

        c. The Commissioner of VDH shall oversee the investigation, coordination and mitigation efforts for the duration of this Order. All local boards of health shall consult with and abide by the recommendations of the Commissioner of VDH prior to taking any action regarding isolation or quarantine of an individual(s). Town health officers shall work with and assist VDH as directed by the Commissioner of VDH.

        d. Non-Congregate Housing. Effective March 1, 2020, local governments, state agencies and private non-profit organizations statewide shall:

        i. To the extent not already in place, and at the discretion of the Agency of Human Services (AHS), arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.

        ii. To the extent not already in place, implement a temporary quarantine and isolation program utilizing non-congregate solutions including hotels, motels, dormitories, or other forms of non-congregate shelter for current clients and vulnerable populations for the purpose of providing adequate social distancing between all individuals who are reasonably believed to have been exposed to or infected with COVID-19, or recovering from COVID-19.

        iii. To the extent they determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders including Department of Corrections personnel, health care workers and others critical to the COVID-19 response, such as critical infrastructure construction and maintenance, who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, provide alternative non-congregate housing to this population of first responders, health care workers and others critical to the COVID-19 response.

        iv. To the extent the AHS determines there is a need to provide non-congregate housing to the general public for the purpose of minimizing the impact of outbreaks and exposure to COVID-19 among family units and vulnerable populations in the same household, such non-congregate housing shall be offered.

        2. Health Care Facility Visitation.

        a. All State licensed nursing homes (as defined in 33 V.S.A. § 7102(7) ), assisted living residences (as defined in 33 V.S.A. § 7102(1) ), Level III residential care homes (33 V.S.A. 7102(10)(A)), and intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), the Vermont Psychiatric Care Hospital (VPCH) and Middlesex Therapeutic Community Residence shall comply with visitor access guidance promulgated by the State to reduce potential transmission. These restrictions shall not apply to medically necessary personnel or visitors for residents receiving end of life care.

        b. All State therapeutic community residences (as defined in 33 V.S.A. § 7102(11) ), and Level IV residential care homes ( 33 V.S.A. § 7102(10)(B) ), shall restrict visitor access as necessary to reduce facility-based transmission. This restriction shall not apply to medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of VDH.

        c. All hospitals (as defined in 18 V.S.A. § 1902 ), except VPCH, shall maintain visitation policies and procedures that conform to a minimum standard which shall be developed by the AHS to restrict visitor access to reduce facility-based transmission.

        d. The Secretary of AHS, in consultation with the Commissioner of VDH, and with the approval of the Governor, is hereby delegated the authority to authorize additional limited, incremental, and phased resumption of health care facility visitation and update and modify the requirements and procedures regarding the resumption of health care visitations.

        3. Health Care Regulation and Licensing.

        a. Relevant rules governing medical services shall be suspended to the extent necessary to permit such personnel to provide paramedicine, transportation to destinations including hospitals and places other than hospitals or health care facilities, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Commissioner of VDH.

        b. Relevant rules governing nursing services shall be suspended to the extent necessary to permit such personnel to provide medical care, including but not limited to administration of medicine, prescribing of medication, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Secretary of State in consultation with the Commissioner of VDH.

        4. Non-Essential Medical and Surgical Procedures.

        a. Clinicians in Vermont shall operate only in accordance with the mitigation requirements and procedures issued by the Commissioner of VDH for clinic visits, diagnostic imaging, surgeries and procedures, including those performed in the office or ambulatory surgical care setting and dental procedures.

        b. The Commissioner of VDH, with the approval of the Governor, may update and modify the mitigation requirements and procedures regarding the resumption of additional adult elective surgery and medical and surgical procedures, including dental procedures.

        5. Unemployment Insurance.

        a. To ensure that workers affected by COVID-19 have access to wage replacement programs, I hereby direct the Department of Labor (VDOL) to extend unemployment insurance to those Vermonters following the instructions of their health care providers to self-isolate or quarantine; to remove the work search requirement for those workers affected by temporary closure of a businesses; and to temporarily suspend any mechanisms that would delay the release of funds to claimants.

        b. I hereby direct the Commissioner of VDOL to relieve employers of charges for benefits paid to an individual for reasons related to COVID-19 for the duration of the Emergency Declaration.

        6. State Travel Policy. In order to limit exposure and protect State employees, all non-essential out-of-state travel by State employees for State business is hereby suspended.

        The Secretary of Administration shall, in consultation with the Commissioner of VDH, develop guidance for employees returning from all out-of-state travel. This guidance shall reference existing State quarantine requirements, if any, which shall apply regardless of the purpose of the travel.

        The Secretary of Administration, in consultation with the Commissioner of VDH, and with the approval of the Governor, is hereby delegated the authority to authorize waivers and update and modify the requirements and procedures regarding the resumption of employee travel for State business.

        7. Stay Safe. To preserve the public health and safety, to ensure the health care delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, Vermonters are encouraged to limit their exposure to disease outside their homes or places of residence as much as possible.

        a. Vermonters should travel only as needed:

        i. For personal safety, medical care and care of others;

        ii. For work, although all workers should continue to work remotely whenever possible;

        iii. For shopping and services available at all businesses and non-profit and government entities;

        iv. To get fresh air and exercise by taking advantage of outdoor recreation and outdoor fitness activities that require low or no direct physical contact;

        v. For limited social interactions and gatherings at or below the current gathering size limit set forth in ACCD and VDH guidance, preferably in outdoor settings; and

        vi. For in-state stays at available lodging, campground and marina facilities.

        b. To keep disease from spreading, Vermonters should maintain physical distancing and protocols for hygiene recommended in guidance from CDC, VDH and other designated state agencies and departments. This means:

        i. Except as needed for medical care, staying home and away from others if you are sick with COVID-19, have recently been exposed to someone who has COVID-19, or just don't feel well;

        ii. Keeping a six-foot distance from others when you meet people outside of your household;

        iii. Frequently washing your hands (hand sanitizer is acceptable when soap and water are not available);

        iv. Coughing and sneezing into your elbow or a tissue (even if you are wearing a facial covering);

        v. Wearing a facial covering over your nose and mouth when you are in close proximity to others from outside your household; and

        vi. Limiting travel to within Vermont to the extent possible and when you do travel, limit non-essential stops.

        c. Individuals Who May be at Higher Risk. Older adults (age 65 and older) and people of any age who have serious underlying medical conditions, for example, heart and lung disease or diabetes might be at higher risk for severe illness from COVID-19 and should call their health care professional with concerns about COVID-19 and underlying health conditions or if they are sick.

        Additional guidance for individuals at higher risk can be found on the Vermont Department of Health website.

        d. All public and private enterprises shall post appropriate notices requiring compliance with recommendations by the CDC and the Commissioner of VDH including, at a minimum, those set forth above.

        e. Trusted Households. Members of one household may choose to socialize-and allow children to play - with members of another household, such as family, neighbors or friends known to be following VDH/CDC health and safety precautions. Vermonters should follow VDH guidance on recommended practices which allow connection with small groups of family and friends from "trusted households" in ways that allow them to relax some physical distancing.

        f. Mask Use. All Vermonters are encouraged to wear facial coverings over their nose and mouth any time they are interacting with others from outside their households, especially in congregate settings where it is not possible to maintain physical distancing. Masks are not recommended for strenuous outdoor activity, anyone under the age of 2, anyone with a medical condition that is complicated or irritated by a facial covering, or anyone with difficulty breathing. Businesses and non-profit and government entities may require customers or clients to wear masks.

        The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein.

        g. Mask Use on Public Transit Conveyances or in Mass Transportation Facilities. The traveling and commuting public shall wear face coverings over their nose and mouth any time they are using public transportation conveyances, including busses, trains, and ride services and when in a mass transportation station or terminal, including airports.

        h. Gathering Size. Social gatherings shall be limited to up to twenty-five (25) people at the same time in any confined indoor or outdoor space which encourages congregation; provided, however, to the extent the Secretary of the Agency of Commerce and Community Development (ACCD) has established occupancy limits for business and non-profit and government entity operations, including, but not limited to, retail, recreational, dining, worship and event spaces in order to ensure appropriate physical distancing, applicable occupancy limits shall apply. Absent an established occupancy limit, the limit on social gatherings as set forth herein and modified by the Secretary of ACCD from time to time, with the approval of the Governor, shall apply.

        i. Quarantine.

        i. Effective Monday, June 8, 2020, travel is permitted without quarantine restrictions to and from those counties of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut and New York as set forth in guidance issued by the Secretary of ACCD.

        ii. The Commissioner of the Department of Financial Regulation (DFR) shall report to the Governor on a weekly basis on the regional data regarding rates of COVID-19 infection, by county, for New York and each New England state, and as may otherwise be requested. The list of qualifying counties shall be updated weekly and posted to the website of ACCD.

        iii. Travelers, including Vermonters, who visit or are from a county other than the counties identified in ACCD guidance as non-quarantine counties must still quarantine upon arrival or return to Vermont.

        Effective June 15, 2020, visitors to Vermont may complete either: (i) a 14-day quarantine; or (ii) a 7-day quarantine followed by a negative test in their home state and enter Vermont without further quarantine restrictions if they drive directly from their home via their personal vehicle.

        Alternatively, visitors may complete either: (i) a 14-day quarantine; or (ii) a 7-day quarantine followed by a negative test - in a Vermont lodging establishment regardless of destination origin or manner of travel (travelers must stay in their quarantine location for the duration of quarantine other than to travel to and from a test site).

        iv. To preserve the public health and safety, to ensure the health care delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, any person, resident or non-resident, travelling into Vermont for anything other than daily commute for authorized work, health care, groceries, family visitation or recreation, must comply with guidance issued by the Secretary of ACCD.

        v. The Agency of Transportation and the Department of Motor Vehicles are hereby directed to post this guidance at all major points of entry into Vermont, on highway message boards and at the Burlington International Airport and all other Vermont airports.

        vi. Guidance for self-quarantine shall be published by ACCD and VDH on their public websites.

        vii. Vermonters planning to travel out-of-state should understand that each state may have its own quarantine policy unique to the needs of that jurisdiction to address the COVID-19 crisis. Vermonters are expected to be familiar with and respect the quarantine policies of these states when travelling.

        8. Fairs and Festivals. Vermonters planning fairs and festivals require certainty given the long lead time necessary for the successful operation of these fairs and festivals. For the sake of clarity, in light of the importance of maintaining the public health outcomes achieved to date, and continuing to make more progress in suppressing, containing and eliminating the spread of the virus, how people gather, and in what quantity, will continue to change in the months ahead. This will be problematic for large event planning purposes over the next 3-4 months, and therefore, traditional fairs and festivals are hereby cancelled until further notice.

        This shall not prevent fairgrounds and other indoor and outdoor venues from operating for sporting, entertainment, concerts and other events in accordance with then applicable VDH/ACCD guidance on gathering size, occupancy limits, distancing and other health and safety requirements.

        9. Work Safe.

        a. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of Vermont's economic recovery will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.

        b. For the health and safety of all Vermonters, all business, non-profit and government entity operations, including close contact businesses, gyms and fitness facilities, bars, restaurants and other food services and recreational resources such as lodging, campgrounds, marinas, playgrounds and team sports, shall only operate in accordance with the occupancy limits and physical distancing, health and sanitation and training requirements set forth in ACCD Work Safe Guidance.

        Businesses and non-profit and government entities which are not authorized to operate as of the date of this Amended and Restated Executive Order shall be addressed at a later date.

        Businesses and not-for-profit entities in the state that do not meet ACCD occupancy limits and physical distancing, health and sanitation and training requirements shall suspend in-person business operations.

        c. All businesses and not-for profit and government entities are encouraged to continue business strategies, procedures and practices to maximize use of online presence, telephone and web-based service delivery and phone or online orders for curb-side pick-up and delivery.

        d. For the sake of clarity, municipal services shall be made available to Vermonters seeking to perform authorized functions, such as recordings required for real estate, financial and other legal transactions, as well as services required so economically disadvantaged populations can access available benefits.

        e. Telework. All businesses and non-profit and government entities shall encourage and facilitate telework among those employees with the capacity to work remotely when practical without impeding productivity. Employers shall accommodate the needs of high risk individuals, those workers who may have child care needs which cannot be met due to the closure of schools or child care facilities for reasons relating to COVID-19 and those individuals with concerns about personal health circumstances.

        f. Education and Compliance. The Vermont Occupational Safety and Health Administration, Health inspectors, AAFM inspectors, and Department of Liquor and Lottery enforcement officers shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and governmental entities have the information necessary to comply with the health and safety requirements set forth in ACCD Work Safe Guidance.

        g. Economic Recovery. ACCD shall work with the Vermont business and non-profit community, the General Assembly, the U.S. Small Business Administration (SBA) and other federal funders and the Vermont Small Business Development Center (SBDC) to ensure Vermont businesses have the resources needed to address the economic impact of losses for the period of the declaration of emergency as compared to the same period of the preceding year for the purpose of obtaining available loan, grant and other assistance.

        10. Liquor Regulation.

        a. Gubernatorial Directive 4 issued March 19, 2020, authorizing take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption, shall remain in full force and effect.

        b. Effective May 22, 2020, the rules of the Board of the Department of Liquor and Lottery are hereby amended or rescinded, or shall be interpreted as necessary, to allow first, third and fourth class licensees to offer outdoor consumption of beverage alcohol with, or independent of the sale of food, as follows:

        i. Licensees must submit a notice document to the Department of Liquor and Lottery (DLL), using an on-line form available at liquorcontrol.vermont.gov, to indicate intent to apply for an initial or modified Outdoor Consumption Permit. Upon submission of the notice, licensees may begin to offer outdoor consumption of beverage alcohol with, or independent of the sale of food in accordance with ACCD guidance.

        ii. Licensees must describe the area to be used for outdoor consumption of beverage alcohol and include in this description what physical barrier will define the perimeter of the area to be used.

        iii. A licensee must have a legal control over, local authority to use or a legally binding agreement to use, the area it is applying to utilize.

        iv A licensee shall immediately submit its Outdoor Consumption Permit application to DLL for approval.

        v. DLL shall make best efforts to process all permit applications within 48 hours of submission.

        vi. Applicants shall obtain the approval of the local jurisdiction and may operate in accordance with the DLL permit pending that determination.

        vii. Permits disapproved by a local jurisdiction shall be deemed disapproved by DLL.

        c. DLL shall waive all fees for an application for an initial or modified Outdoor Consumption Permit.

        d. The Board shall not penalize any licensee who is in compliance with the terms of this Amended and Restated Executive Order and any approved guidance issued hereunder.

        e. Any restaurant, bar, or establishment that offers food or drink may continue to offer food and beverage alcohol, including spirit-based drinks and malt and vinous product for take-out and by delivery.

        f. Local Ordinance and Regulation. Enforcement of all municipal ordinances and regulations requiring an applicant to receive an approval or permit for outdoor food and beverage service is hereby suspended until such time as the local jurisdiction has acted to disapprove an Outdoor Consumption Permit issued by DLL. All applications may be subject to review and approval by the local jurisdiction and reasonable conditions may be imposed, provided that nothing in this Order shall require a municipality to approve an Outdoor Consumption Permit.

        Failure of a local jurisdiction to impose conditions on, or disapprove, an Outdoor Consumption Permit within 30 days of submission shall be deemed approval.

    11. Authority of the Secretary of ACCD.
      1. The Secretary of ACCD, in consultation with the Commissioner of DFR and the Commissioner of VDH, with the approval of the Governor, may determine quarantine requirements designed with reference to state and regional COVID-19 infection rates to be the least restrictive means necessary to preserve the public health and safety, ensure the health care delivery system is capable of serving all, and help protect those at the highest risk and vulnerability.
      2. The Secretary ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may implement the limited, incremental, and phased resumption of all business, non-profit and government entity operations, including close contact businesses, bars, restaurants and food services and recreational resources, and update and modify the mitigation requirements and procedures regarding the resumption of business, non-profit and government entity operations.
      3. The Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may modify applicable gathering size limitations.
    12. Education and Child Care.
      1. I hereby direct that no school superintendent or school shall cause a student or parent to be penalized for student absences that are the result of following medical advice or the guidance of VDH or to address the concerns of parents or guardians in response to COVID-19.
      2. I hereby modify and clarify Gubernatorial Directive 1 issued March 15, 2020, Directive 2 issued March 17, 2020 and Directive 5 issued March 26, 2020 (Education Directives), to all School Boards and Superintendents, to delegate to the Secretary of the Agency of Education (AOE) the authority to direct the resumption of in-person instruction in public and independent schools, as well as authorize other uses of school facilities in accordance with appropriate occupancy limits and physical distancing, health and sanitation and training measures, subject to the approval of the Governor.

        School districts are directed to continue to pay school staff, regardless of whether employees are required to report to work to support the emergency response through July 1, 2020. Except as modified herein, and as modified by the Secretary of AOE with the approval of the Governor, the Education Directives shall remain in full force and effect.

      3. For the health and safety of all Vermonters, child care providers shall only operate in accordance with the occupancy limits and physical distancing, health and sanitation and training requirements set forth in guidance issued by the Secretary of the AHS.
      4. The Secretary AHS, in consultation with the Commissioner of VDH, and with the approval of the Governor, may implement the resumption of all child care provider operations.
    13. Motor Vehicles.
      1. Gubernatorial Directive 3 issued March 18, 2020, as amended June 1, 2020, regarding Department of Motor Vehicles (DMV) operations, shall remain in full force and effect.
      2. Motor Vehicle Inspections. In order to alleviate in-person contact at locations offering vehicle inspections, DMV is hereby directed to extend inspections for motor vehicles other than school buses and motor buses, for 60 days for inspections due in April 2020 (a green "4").
    14. Authority of the Commissioner of VDH.  If the Commissioner of VDH determines that a COVID-19 outbreak has occurred and businesses and non-profit and government entities cannot safely operate or large groups cannot safely congregate, in a way that 1) limits the exposure of Vermonters and visitors to COVID-19 and 2) does not threaten to overwhelm our hospitals and health care resources, he shall advise the Governor on the appropriate return to more limited standards of operation and civilian mobility.
    15. COVID-19 Emergency Response Services.  In accordance with the authority granted to the Governor pursuant to 20 V.S.A. §§ 8 and 9 to make, amend, and rescind necessary orders, rules, and regulations for emergency management purposes, I hereby adopt the following rule for the purpose of interpreting the scope of 20 V.S.A. § 20 relating to legal immunity for Health Care Facilities, Health Care Providers, and Health Care Volunteers, as defined herein, who are providing COVID-19 related emergency management services or response activities. The intent of this rule is to clarify that under protections afforded by 20 V.S.A. § 20 , Health Care Facilities, Health Care Providers, and Health Care Volunteers would be immune from civil liability for any death, injury, or loss resulting from COVID-19 related emergency management services or response activities, except in the case of willful misconduct or gross negligence.
      1. For purposes of this Amended and Restated Executive Order, the following terms are defined as set forth below; provided, however, these definitions are intended to provide further detail to the scope of the immunities provided in 20 V.S.A. § 20 and are not intended to limit or narrow the scope of the immunities provided therein:

        i. "All-hazards" for purposes of the existing State of Emergency means the COVID-19 outbreak in Vermont which has been determined by the Governor to pose a threat or may pose a threat to public safety in Vermont.

        ii. "Emergency functions" include, for purposes of this order, services provided by the public safety, firefighting services, police services, sheriff's department services, medical and health services, including those services provided by Health Care Providers and Health Care Volunteers, rescue, communications, evacuation of persons, emergency welfare services, protection of critical infrastructure, emergency transportation, other functions related to civilian protection, and all other activities necessary or incidental to the preparation for and carrying out of these functions.

        iii. "Emergency management" means the preparation for and implementation of all emergency functions, other than the functions for which military forces or other federal agencies are primarily responsible, to prevent, plan for, mitigate, and support response and recovery efforts from all hazards. Emergency management includes the equipping, exercising, and training designed to ensure that this state and its communities are prepared to deal with all-hazards.

        iv. "Health Care Facilities" means State licensed nursing homes (as defined in 33 V.S.A. § 7102(7) ) and Middlesex Therapeutic Community Residence, all State licensed assisted living residences (as defined in 33 V.S.A. § 7102(1) ), Level III residential care homes (33 V.S.A. 7102(10)(A)), intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), all State therapeutic community residences (as defined in 33 V.S.A. § 7102(11) ), Level IV residential care homes ( 33 V.S.A. § 7102(10)(B) ), all hospitals (as defined in 18 V.S.A. § 1902 ) and all alternate or temporary hospital sites and other isolation, quarantine or housing sites designated by the Commissioner of PSD/VEM for the treatment of, or alternate shelter for those who have been exposed to or infected with COVID-19.

        v. "Health Care Providers" means all health care providers as defined by 18 V.S.A. § 9432(9) , including volunteers, who are providing health care services in response to the COVID-19 outbreak and are authorized to do so.

        vi. "Health Care Volunteers" means all volunteers or medical or nursing students who do not have licensure who are providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak and are authorized to do so.

      2. For Health Care Facilities and Health Care Providers, an emergency management service or response activity, includes, but may not be limited to:

        i. Expedited postponement of non-essential adult elective surgery and medical and surgical procedures, including dental procedures, in the safest but most expedient way possible, as ordered by Addendum 3 of the Executive Order, if elective surgeries and medical and surgical procedures are performed at the Health Care Facility or by the Health Care Provider;

        ii. Cancelling or denying elective surgeries or procedures or routine care to the extent determined necessary for the health, safety and welfare of a patient or as necessary to respond to the COVID-19 outbreak;

        iii. Redeployment or cross training of staff not typically assigned to such duties, to the extent necessary to respond to the COVID-19 outbreak;

        iv. Planning, or enacting, crisis standard-of-care measures, including, but not limited to, modifying numbers of beds, preserving PPE, and triaging access to services or equipment as necessary to respond to the COVID-19 outbreak; and

        v. Reduced record-keeping to the extent necessary for Health Care Providers to respond to the COVID-19 outbreak.

      3. For Health Care Volunteers, "emergency management services or response activities" also includes providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak.
      4. Nothing contained in this Amended and Restated Executive Order shall alter existing law with respect to gross negligence or willful misconduct.
    16. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall, as appropriate, issue recommendations, directives and orders as circumstances may require.

      This Amended and Restated Executive Order shall take effect upon signing and supersede the original Executive Order, as amended and Addenda thereto. This Amended and Restated Executive Order shall continue in full force and effect until midnight on July 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Amended and Restated Executive Order.

      Dated: June 15, 2020

      WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention ("CDC") and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus ("COVID-19"), in the United States; and

      WHEREAS, the Governor directed the Vermont Department of Health ("VDH") to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

      WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management ("DPS/VEM") to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center ("SEOC"), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

      WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and

      WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and

      WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency; and

      WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

      WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont's economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and

      WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, National Guard resources standing by to implement hospital surge capacity, workplace health and safety requirements, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability and federal emergency funding; and

      WHEREAS, the General Assembly has passed a number of COVID-19-related measures dependent on the existence of a declared State of Emergency, provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer service disconnection, protect Vermonters in a public meeting settings and provide municipalities flexibility with budgeting and municipal taxes; and

      WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Saturday, August 15, 2020.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Saturday, August 15, 2020.

      IT IS FURTHER ORDERED:

      1. Except as set forth herein, the Amended and Restated Executive Order issued June 5, 2020, and all Directives issued thereunder shall continue in full force and effect until midnight on August 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend the State of Emergency.

      2. Emergency Food Distribution. Section 1 of the Amended and Restated Executive Order (Emergency Management Response), is hereby amended and clarified regarding emergency feeding to add the following new subsection (e):

      e. Emergency Feeding. The Department of Public Safety and Agency of Human Services shall coordinate and execute emergency feeding operations at their discretion for the following populations:

      i. Those who test positive for or have been exposed to COVID-19 that do not require hospitalization but need isolation or quarantine,

      ii. High-risk individuals including but not limited to people over 65 or with certain underlying health conditions and vulnerable populations in non-congregate shelter environments, and

      iii. Populations that face greater food insecurity due to the economic impact of COVID-19.

      DPS and AHS shall continuously assess the need to provide emergency feeding as a life-saving and life-sustaining commodity to those populations which are identified in medium to long term recovery efforts from the COVID-19 Pandemic.

      3. Authority of the Secretary of ACCD. With respect to quarantine requirements, effective July 1, 2020, the Secretary of ACCD, in consultation with the Commissioner of DFR and the Commissioner of VDH, with the approval of the Governor, may permit travel without quarantine restrictions to and from counties of states in addition to New York and the New England states.

      This Addendum 1 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on August 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.

      Dated July 15, 2020

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency ("Executive Order"), as amended and restated June 15, 2020 ("Amended and Restated Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, all states in the region, including Vermont, have experienced community transmission of COVID-19 which has led to hundreds of thousands of cases and thousands of deaths within a five-hour drive of Vermont's borders; and

      WHEREAS, the Governor, in consultation with the Vermont Department of Health (VDH), has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this health emergency including issuing the Executive Order, as amended and restated, and Directives issued pursuant to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and

      WHEREAS, in connection with the Governor's cautious, measured and data-based approach to restarting Vermont's economy in a safe and effective way, on April 20, 2020, the Governor issued Addendum 10 to the Executive Order that established health and safety requirements to be followed by all employers and employees, including mandatory facial coverings for employees when in the presence of others, and strongly encouraged all Vermonters to wear facial coverings when in the presence of others; and

      WHEREAS, on May 1, 2020 the Governor issued Addendum 12 to the Executive Order that required facial coverings on public transit conveyances, including ride services, and in mass transportation facilities; and

      WHEREAS, the Governor has consistently urged Vermonters to wear masks when in the presence of others when physical distancing is not possible, and commends all Vermonters who have taken personal responsibility for the protection of their health and the health of others and followed the health and safety advice of VDH and the Centers for Disease Control and Prevention (CDC), including wearing facial coverings when appropriate; and

      WHEREAS, as we look forward to our college and preK-12 students returning to school, as well as the foliage and winter recreation seasons and the increase in indoor congregation by Vermonters as the seasons change, the Governor has determined, in consultation with the Commissioner of VDH, that we should strengthen the State's policy on masks and facial coverings in order to protect public health and the progress we have achieved in suppressing the virus.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, Chapter II, Section 20 and under 20 V.S.A. §§ 8, 9 and 11, hereby order the amendment of the Amended and Restated Executive Order as follows:

      Section 7(f) of the Amended and Restated Executive Order regarding Mask Use is hereby amended in its entirety to read as follows:

      (f) Masks or Cloth Facial Coverings Required in Public Wherever Close Contact is Unavoidable. As of Saturday, August 1, 2020, Vermonters shall wear masks or cloth facial coverings over their nose and mouth any time they are in public spaces, indoors or outdoors, 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.

      Nothing in this Order or any other State health and safety guidance shall require the use of a mask or cloth facial covering when someone is engaged in strenuous exercise or activity, for anyone under the age of 2, any child or adult with a medical or developmental issue or challenge that is complicated or irritated by a facial covering, anyone with difficulty breathing or as further set forth in guidance issued by VDH.

      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.

      Businesses and non-profit and government entities shall implement measures notifying customers or clients of the requirement to wear masks or facial coverings, which may include, but shall not be limited to, posting signage stating that masks or cloth facial coverings are required and denial of entry or service to customers or clients who decline to wear masks or facial coverings.

      For the sake of clarity, the requirements for masks or facial coverings or permitted alternatives in specific circumstances shall continue to apply as set forth in the following guidance:

      ì Phased Restart Work Safe Guidance issued by the Secretary of the Agency of Commerce and Community Development (ACCD) permitting limited alternatives to face masks in limited workplace settings, as well as some flexibility on use of masks or facial coverings in other circumstances, such as when eating in a restaurant;

      ì Safety and Health Guidance for Reopening Schools, Fall 2020 issued by the Secretary of the Agency of Education (AoE);

      ì Health Guidance for Childcare and School Age Camps/Care issued by the VDH, AoE and the Department for Children and Families;

      ì Guidance to Healthcare Providers issued by the VDH; and

      ì Other as set by a designated Secretary or Commissioner, with the approval of the Governor.

      This Addendum 2 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on August 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.

      Dated July 24, 2020

      WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention ("CDC") and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus ("COVID-19") and then to implement measures to keep Vermonters healthy and safe; and

      WHEREAS, the Governor directed the Vermont Department of Health ("VDH") to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

      WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management ("DPS") to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center ("SEOC"), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and state officials; and

      WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and

      WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and

      WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and

      WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

      WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont's economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and

      WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, National Guard resources standing by to implement hospital surge capacity and for emergency food distribution, workplace health and safety requirements, a mandate for facial coverings, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability and federal emergency funding; and

      WHEREAS, the General Assembly has passed a number of COVID-19-related measures dependent on the existence of a declared State of Emergency which provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer service disconnection, protect Vermonters in public meeting settings and provide municipalities flexibility with budgeting and municipal taxes; and

      WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Tuesday, September 15, 2020 and provide flexibility to cities and towns to act to further restrict group size and limit the hours of alcohol sales in bars and clubs in their jurisdictions.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Tuesday, September 15, 2020.

      IT IS FURTHER ORDERED:

      1. Except as set forth herein, the Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on September 15, 2020, at which time the Governor, in consultation with the VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.

      2. Authority of Vermont Cities and Towns.

      A. Gathering Size. Notwithstanding gathering size limitations established by Executive Order or guidance issued by the Agency of Commerce and Community Development, the legislative body of each city and town may enact local requirements regarding gathering size limitations that are more restrictive than those established by the State.

      B. Alcohol Sales. The Rules of the Department of Liquor and Lottery (DLL) are hereby supplemented to authorize the legislative body of each city and town to prescribe shorter hours than those hours set forth in the Rules of DLL, for the sale by bars and clubs licensed by DLL of malt, vinous, spiritous and spirit-based beverages.

      3. Temporary License Plates. The Commissioner of the Department of Motor Vehicles shall develop processes for the issuance of temporary electronic in-transit registration plates and permits for all types of vehicles which are sold and transported to or within and registered in Vermont. These temporary plates and permits shall be valid for up to 60 days.

      This Addendum 3 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on September 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.

      Dated August 14, 2020

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency ("Executive Order"), as amended and restated June 15, 2020 ("Amended and Restated Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, the Governor, in consultation with the Vermont Department of Health (VDH), Department of Public Safety/Division of Emergency Management (DPS), the Vermont Agency of Human Services (AHS) and the Agency of Education (AoE), initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended, and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and

      WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

      WHEREAS, in mid-April, the Governor began to undertake a cautious, measured and data-based approach to restarting Vermont's economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and

      WHEREAS, this cautious, data-driven approach has allowed for the restart of every sector of the Vermont economy to some degree, while maintaining containment of the spread of COVID-19; and

      WHEREAS, based on the best scientific evidence available to the experts at VDH, AoE and leading pediatric medical professionals and educators, the Governor imposed a statewide uniform start date for Vermont schools of September 8, 2020; and

      WHEREAS, an analysis of AoE's enrollment data, by county and grade, estimates if 25% of K-6 students require child care during remote learning days, the number of day care openings required could exceed 10,000; and

      WHEREAS, multiple return to school models being pursued throughout the state create a significant, immediate need for child care for school age child care on remote learning days as families return to work.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following measures to rapidly expand child care capacity in the State for school age children.

      1. Expand Child Care to School-Age Children in Family Child Care Homes. In accordance with the authority granted to the Governor pursuant to 20 V.S.A. §§ 8 and 9 to make, amend, and rescind necessary orders, rules, and regulations for emergency management purposes, I hereby adopt the following rule for the purpose of interpreting the scope of 33 V.S.A. § 3511(7) , relating to the exceptions to limits on child care provided in family home settings. The intent of this rule is to clarify an exception for remote learning is consistent with the policy intent of the exceptions afforded by 33 V.S.A. § 3511(7) , which allows exceptions for school closing days, snow days and vacation days. This clarification will result in an increase in school age full-time child care capacity statewide.

      A. For purposes of this Addendum 4 to the Amended and Restated Executive Order, the following term is defined as set forth below to provide further detail to the scope of the exceptions provided in 33 V.S.A. § 3511(7). The following term is defined as set forth below:

      (i). "Family child care home" means a child care facility which provides care on a regular basis in the caregiver's own residence for not more than 10 children at any one time. Of this number, up to six children may be provided care on a full-time basis and the remainder on a part-time basis. As used in this subdivision, care of a child on a part-time basis shall mean care of a school-age child for not more than four hours a day. These limits shall not include children who reside in the residence of the caregiver.

      These part-time school-age children may be cared for in a family child care home on a full-day basis during school closing days, remote-learning days, snow days, and vacation days which occur during the school year.

      2. Authority of the Secretary of the Agency of Human Services. With respect to child care programs, the Secretary of AHS shall oversee the implementation of this Addendum 4 to the Amended and Restated Executive Order and I hereby delegate to the Secretary of AHS such further authority to undertake measures to expand the State's capacity for school-age child care, which may include, but not be limited to:

      A. Supporting the development of child care facilities for school age children to receive child care on remote learning days. These sites would allow for flexibility based on the region's K-12 education models. These sites could be established in school buildings, recreational buildings, municipal buildings and summer camp buildings to leverage existing spaces that historically care for children. These sites could also be established upon application by employers, or in collaboration between the State and employers.

      B. With the approval of the Governor, making the necessary orders and making, amending and rescinding the necessary rules and regulations to carry out the provisions of this Addendum 4 to the Amended and Restated Executive Order. This may include, but not be limited to, such changes necessary to collaborate with community partners and employers to operate these new child care facilities similarly to summer recreation programs and day camps.

      C. Expediting administrative processing and increasing administrative flexibility for applicants seeking to become a regulated child care program, which may include granting provisional licensure to programs while they pursue full licensure, granting variances to licensing regulations and expedited division reviews.

      3. All State Agencies shall collaborate and align resources as directed by the Secretary of AHS, in consultation with the Governor, to support child care providers in accordance with this Addendum 4 to the Amended and Restated Executive Order.

      4. State Agencies shall collaborate on continuity of mental health services to children and their families as directed by the Secretary of AHS, in consultation with the Governor.

      5. All child care providers shall follow guidance issued by the Agency of Commerce and Community Development and VDH to ensure all children and employees are safe and healthy.

      Addendum 4 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on September 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.

      Dated August 18, 2020

      WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention ("CDC") and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus ("COVID-19") and then to implement measures to keep Vermonters healthy and safe; and

      WHEREAS, the Governor directed the Vermont Department of Health ("VDH") to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

      WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management ("DPS") to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center ("SEOC"), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and state officials; and

      WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of September 9, 2020, the State has experienced 1,654 cases and 58 deaths which are COVID-19 related; and

      WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and

      WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and

      WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

      WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont's economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and

      WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, National Guard resources standing by to implement hospital surge capacity and for emergency food distribution, workplace health and safety requirements, a mandate for facial coverings, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability and federal emergency funding; and

      WHEREAS, the General Assembly has passed a number of COVID-19-related measures dependent on the existence of a declared State of Emergency which provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer service disconnection, protect Vermonters in public meeting settings and provide municipalities flexibility with budgeting and municipal taxes; and

      WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Tuesday, September 15, 2020, clarify the use of facial coverings when engaged in strenuous activity and clarify the delegated authority of the Secretary of Administration for State agency and department return to the worksite.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Thursday, October 15, 2020.

      IT IS FURTHER ORDERED:

      1. Except as set forth herein, the Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on October 15, 2020, at which time the Governor, in consultation with the VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.

      2. Masks or Cloth Facial Coverings Required in Public Wherever Close Contact is Unavoidable. Section 7(f) of the Amended and Restated Executive Order regarding Mask Use is hereby amended in part to clarify mask use when engaged in strenuous activity, as follows:

      Nothing in this Order or any other State health and safety guidance shall require the use of a mask or cloth facial covering when someone is engaged in strenuous exercise or activity when physical distance of six (6) feet can be consistently maintained, for anyone under the age of 2, any child or adult with a medical or developmental issue or challenge that is complicated or irritated by a facial covering, anyone with difficulty breathing or as further set forth in guidance issued by VDH.

      3. Authority of the Secretary of the Agency of Administration. For the sake of clarity, the Secretary of the Agency of Administration is delegated the authority, in consultation with the Commissioner of VDH and with the approval of the Governor, to issue guidance to State agencies, departments and employees on return to the worksite, with the exception of DMV which shall be responsible for implementing its Continuity of Operations Plan. The Secretary, in consultation with the Commissioner of VDH and the Secretary of the Agency of Commerce and Community Development, may update and modify the mitigation requirements and procedures regarding the return to the worksite of State government entity operations.

      This Addendum 5 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on October 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.

      Dated September 11, 2020

      WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention ("CDC") and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus ("COVID-19") and then to implement measures to keep Vermonters healthy and safe; and

      WHEREAS, the Governor directed the Vermont Department of Health ("VDH") to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

      WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management ("DPS") to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center ("SEOC"), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and state officials; and

      WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of October 13, 2020, the State has experienced 1,886 cases and 58 deaths which are COVID-19 related; and

      WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and

      WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and

      WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

      WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont's economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and

      WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, National Guard resources standing by to implement hospital surge capacity and for emergency food distribution, workplace health and safety requirements, a mandate for facial coverings, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability and federal emergency funding; and

      WHEREAS, the General Assembly has passed a number of COVID-19-related measures dependent on the existence of a declared State of Emergency which provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer service disconnection, protect Vermonters in public meeting settings, stay the statute of limitations in civil litigation, supplement child care assistance and provide municipalities flexibility with budgeting and municipal taxes; and

      WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Sunday, November 15, 2020.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Sunday, November 15, 2020.

      IT IS FURTHER ORDERED:

      1. The Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on November 15, 2020, at which time the Governor, in consultation with the VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.

      This Addendum 6 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on November 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.

      Dated October 15, 2020

      WHEREAS, as of October 16, 2020, the operations of New Hampshire skating facilities were closed by the Governor for two weeks in response to a COVID-19 outbreak which to date has resulted in 158 cases among 23 different ice hockey teams; and

      WHEREAS, a COVID-19 outbreak among hockey leagues in central Vermont has expanded to 18 people; and

      WHEREAS, in order to avoid an influx of new users into Vermont ice rinks/skating facilities, the Governor has determined to limit certain availability to Vermont ice rinks/skating facilities.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order all indoor ice rinks/skating facilities to freeze their schedules and not take any additional reservations for use of the facilities for the period beginning October 16, 2020 at 5:00 p.m., through midnight on October 30, 2020.

      The Vermont Agency of Commerce and Community Development (ACCD), in consultation with the Vermont Department of Health and the Agency of Natural Resources, shall review existing guidelines to determine if a more aggressive response is needed to prevent further spread of COVID-19 related to indoor skating, hockey and other indoor recreational facilities.

      This Addendum 7 to the Amended and Restated Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on October 30, 2020.

      Dated October 16, 2020

      WHEREAS, since December 2019, Vermont has been working in close collaboration with the National Centers for Disease Control and Prevention ("CDC") and with the United States Health and Human Services Agency to first monitor and plan for outbreaks of a respiratory illness due to a novel coronavirus ("COVID-19") and then to implement measures to keep Vermonters healthy and safe; and

      WHEREAS, the Governor directed the Vermont Department of Health ("VDH") to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

      WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management ("DPS") to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center ("SEOC"), in accordance with the State Emergency Management Plan, to organize prevention, response and mitigation efforts and share information with local and State officials; and

      WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont and as of November 13, 2020, the State has experienced 2,651 cases and 59 deaths which are COVID-19 related; and

      WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

      WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

      WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and

      WHEREAS, the Governor, in consultation with VDH, DPS and the Vermont Agency of Human Services, initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing the Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order, to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe, with exceptions for essential purposes, and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and

      WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

      WHEREAS, the Governor undertook a cautious, measured and data-based approach to restarting Vermont's economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and

      WHEREAS, despite months of success, statewide there is an acceleration in COVID-19 transmission; from November 8, 2020 to November 12, 2020, the number of new cases reported statewide increased at a rate as high as 50% per day (from 23 to 47 to 72 and to 109 cases); and

      WHEREAS, in accordance with the Executive Order, as amended and restated, the Commissioner of VDH has determined that COVID-19 outbreaks have occurred, attributing this surge to a number of factors, primarily increased informal social gatherings involving alcohol, both indoors and outdoors, among people of different households, thus increasing the exposure of Vermonters and visitors to COVID-19, spreading the disease into more homes and workplaces and threatening to overwhelm our hospitals and health care resources; and

      WHEREAS, the Commissioner has advised the Governor on the appropriate return to more limited standards of operation and social gatherings in order to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, minimize the risk to the public, maintain the health and safety of Vermonters and limit the spread of infection in our communities and within our healthcare facilities; and

      WHEREAS, without a return to more limited standards of operation and social gatherings, as well as a requirement for greater cooperation by Vermonters with VDH contact tracing efforts, COVID-19 would likely continue to spread in Vermont at a rate similar to the rate of spread in other states and countries, and the number of persons requiring medical care could exceed available resources; and

      WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH, that with Vermont's aggressive advances in the areas of contact tracing, surveillance testing and diagnostic and surveillance testing, it is possible to limit standards of operation and social gatherings, while keeping Vermonters working and our children in school; and

      WHEREAS, Vermonters must come together as we have before in this crisis, to do our part to protect the very ill and elderly, ensure those who experience the most severe symptoms have access to the care they need, and keep our schools and economy open, by preventing and slowing the spread of this virus; and

      WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Tuesday, December 15, 2020.

      NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Tuesday, December 15, 2020.

      IT IS FURTHER ORDERED:

      1. Except as modified herein, the Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on December 15, 2020, at which time the Governor, in consultation with VDH and DPS shall assess the emergency and determine whether to amend or extend the State of Emergency.

      2. Temporary Limitations on Business Operations and Social Gatherings; Requirement for Cooperation with VDH Contact Tracing.

      Effective Saturday, November 14, 2020 at 10:00 p.m.:

      1. Multiple Household Social Gatherings Suspended.  Because data shows that between October 1, 2020 and November 13th, 2020 71% of the cases in Vermont associated with an outbreak are associated with a private party or social gathering, attendance at all public and private social, recreational and entertainment gatherings, indoor and outdoor, including large social gatherings incidental to ceremonies, holiday gatherings, parties and celebrations, shall be limited to participation with only members of a single household. For the sake of clarity, nothing in this Order prohibits the gathering of members living in the same residence. Individuals who live alone may gather with no more than one other household. Further, nothing in this order requires anyone to remain in a dangerous, unhealthy or otherwise unsafe household; likewise, nothing in this order prevents someone from taking in, housing, sheltering or assisting another individual or individuals to relieve them of a dangerous, unhealthy or otherwise unsafe household. Finally, limited outdoor fitness activities involving no more than two individuals from different households are permitted, provided these   activities can be enjoyed while adhering to physical distancing and mask requirements, and require no physical contact. This includes, but is not limited to biking, hiking, walking, running and other outdoor fitness activities.
      2. Restaurant Hours and Seating Limits.   All 1st class licensees permitted to remain open, must be closed to in-person dining at 10:00 p.m., but may provide food and beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders through curbside pick-up, drive-through, and delivery services for off-site consumption after 10:00 p.m. in accordance with Agency of Commerce and Community Development ("ACCD") Guidance. Restaurants must provide seated dining service only and to no more than one household per table in accordance with Section 2(a) above as well as the occupancy limits set forth in ACCD Guidance.
      3. Closure of Bars and Social Clubs.   Premises operating under a license, other than a 2d Class license, issued by the Department of Liquor and Lottery, Division of Liquor Control, shall suspend or modify operations as follows:

        i. All "Clubs" as defined by 7 V.S.A. § 2(7) shall suspend on-premises operations.

        ii. 1st Class licensees who hold a Restaurant License issued by VDH for an on-site kitchen equipped to provide menu service must accompany all beverage alcohol orders with food; serve only those patrons who are seated; and continue to abide by existing health and safety guidance issued by ACCD.

        iii. All other 1st Class licensees, including Clubs, shall suspend operations.

        iv. All 4th Class licensees shall suspend operations.

        v. All premises suspending or modifying operations hereunder may offer or continue to offer take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product.

      4. Contact Log.   All restaurants and other public accommodations which host organized non-essential activities shall maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information, including name, address, phone number and email address for 30 days in the event contact tracing is required by VDH. For the sake of clarity, this requirement applies to all employees and all guests in every party.
      5. Consent to Contact.   All customers, members and guests providing information in accordance with section 2(d) above, consent to be contacted by the VDH Contact Tracing Team.
      6. Contact Tracing Compliance.   To preserve the public health and safety, to ensure the health and safety of the State, and to prevent the spread of COVID-19, Vermonters are directed to comply with requests made by the VDH Contact Tracing Team. Vermonters who have been identified as a case or a close contact are required to:

        i. Promptly answer calls or otherwise respond to the VDH Contact Tracing Team;

        ii. Provide full, complete and truthful information concerning places they have been, activities they have engaged in and persons with whom the individual has had close contact, including contact information when possible;

        iii. Comply with all VDH recommended quarantine and isolation periods and testing.

        Failure to comply with this provision may result in referral to the Office of the Attorney General for enforcement.

      7. Recreational Sports.  All recreational sports programs, including organized and/or informal recreational youth and adult league sports, practices, games and tournaments, are hereby suspended. This suspension shall not apply to school-sponsored sports activities which are subject to applicable Agency of Education Guidance.
      8. Returning College Students.   All students who are returning home from a college or university, in-state or out of state, shall quarantine at home for fourteen days, with a test for COVID-19 strongly encouraged, or quarantine for no less than seven (7) days at which time they must be tested for COVID-19.
      9. Telework.   All businesses, not-for-profit entities and municipal government entities in the State shall reinstitute, to the maximum extent possible, or reemphasize to the extent necessary, telecommuting or work from home procedures. In person meetings are strongly discouraged and all meetings should be held by telephone or electronically to avoid in person meetings whenever possible.

        This Addendum 8 to the Amended and Restated Executive Order shall take effect as of Friday, November 13, 2020 and shall continue in full force and effect until midnight on December 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend the Executive Order.

        Dated November 20, 2020

        WHEREAS, on Friday, March 13, 2020, the Governor issued an Executive Order declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and

        WHEREAS, the Governor has determined, in consultation with the Commissioner of Health and the Secretary of Education, to proceed with an orderly dismissal of schools in Vermont to support both the State's response to COVID-19 and the needs of children and families across Vermont; and

        WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health and is expected to help prevent and reduce the spread of COVID-19.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby direct the governing bodies of all public and independent schools as follows:

        1. All public schools and independent schools shall be dismissed, and all school related activities shall be cancelled, no later than Wednesday, March 18, 2020.

        2. No student shall be required to be in school Monday, March 16, 2020 or Tuesday, March 17, 2020, if necessary, to address the concerns of parents or guardians in response to COVID-19.

        3. In order to meet the needs of students and prepare for the potential for an extended dismissal, each school district and independent school must develop a Continuity of Education Plan that includes, at a minimum:

        a. Meal service for those students who need it;

        b. Continued services for children with disabilities and special needs;

        c. District-based options, developed in collaboration with the State, that meet the childcare needs of healthcare workers and other Vermonters essential to the response (such as doctors, nurses, healthcare technicians, emergency medical service providers, fire service, law enforcement officers, emergency management officials and National Guard personnel);

        d. Systems for ensuring maintenance of education for students, such as educational materials and assignments, when schools are dismissed Tuesday; and

        e. Developing a remote learning plan that ensures continuity of education if schools are dismissed for an extended period.

        4. School districts with Continuity of Education Plans in place that meet these directives may elect to close before Wednesday, March 18, 2020. All schools shall be closed for instruction at the end of the school day on Tuesday.

        5. All schools shall remain operational for administrators, teachers and staff to sustain essential services and to plan and implement continuity of education through remote learning.

        6. All school administrators, teachers and staff shall follow guidance issued by the Department of Health to ensure a healthy workplace.

        7. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.

        8. The Secretary of Education shall oversee the implementation of this Directive and I hereby delegate to the Secretary of Education such authority as may be necessary for this implementation. All local school officials and governing bodies shall consult with and abide by the direction of the Secretary of Education with respect to compliance with this Directive. School officials shall work with and assist the Agency of Education as directed by the Secretary of Education.

        This Directive shall take effect upon signing and shall continue in full force and effect until April 6, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Department of Public Safety/Division of Emergency Management and the Agency of Education shall assess the emergency and determine whether to amend or extend this Directive.

        Dated March 15, 2020

        WHEREAS, on Friday, March 13, 2020, the Governor issued an Executive Order declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, on Sunday, March 15, 2020, the Governor issued a Directive to all school boards and superintendents dismissing schools from March 18, 2020 through April 6, 2020 ("Closure Period") and regarding Continuity of Education Planning, which Directive remains in full force and effect except as amended herein; and

        WHEREAS, that Directive delegated authority to the Secretary of the Agency of Education ("Education Secretary") to oversee its implementation, including with respect to provision of care for children of Essential Persons, defined below, during the Closure Period; and

        WHEREAS, provision of services for the children of Essential Persons from 0 through grade 8 during the Closure Period is necessary to support the State of Vermont in its response to COVID-19 and the needs of children and families of Essential Persons across Vermont; and

        WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health and is expected to help provide the necessary care and services to prevent and reduce the spread of COVID-19.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby direct as follows:

        1. Except as set forth below, all state regulated child care programs shall be closed no later than Wednesday, March 18, 2020 through April 6, 2020 ("Closure Period").

        2 I hereby amend my Directive to the Education Secretary of March 15, 2020 as set forth below regarding provision of care for students who are children of Essential Persons, as defined below.

        3. Provision of services for children of Essential Persons: With respect to provision of services for children of Essential Persons, this Directive provides emergency operating guidelines and applies to all schools under the authority of the Education Secretary for pre-K through grade 8 and all state-licensed child care programs. I encourage other private child care programs, private schools and independent schools to do their utmost to fulfill the spirit and guidance of this Directive.

        4. Essential Persons are those absolutely critical to the State's response to COVID-19 and continued public health and safety. Specifically, "Essential Persons" are defined as staff and providers of child care and education services (including custodial and kitchen staff and other support staff) for children of other Essential Persons, including custodial and kitchen staff; providers of healthcare including but not limited to workers at clinics, hospitals, Federally Qualified Health Centers (FQHCs); nursing homes, long-term care and post-acute care facilities, respite houses, VNAs; designated agencies, emergency medical services; criminal justice personnel including those in law enforcement, courts, and correctional services; public health employees; firefighters; Vermont National Guard personnel called to duty for this response; other first responders; and state employees determined to be essential for response to this crisis by the State Emergency Operations Center.

        5. Every child care program, school and school district has different circumstances and needs. However, the State will do everything possible to provide overarching guidance through Vermont Department of Health ("VDH"), Vermont Agency of Education ("VAOE"), Vermont Department of Children and Families, Child Development Division ("DCF" and "CDD") on approaches to operating during the Closure Period for services to children of Essential Persons, including hygiene and social distancing within schools and facilities as directed by VDH.

        6. With respect to schools under the authority of the Education Secretary, the Education Secretary shall ensure that:

        a. School employees are to report to work in accordance with applicable labor agreements and as required by their employers to assist with providing services to children of Essential Persons and Continuity of Education Planning as previously directed.

        b. During the Closure Period, schools are directed to provide care to, at a minimum, students through grade 8 who are children of Essential Persons. In providing this care, schools must practice hygiene and social distancing best practices as set forth by VDH guidance.

        c. Districts plan for and provide as resources allow extended care - before and after normal school hours and days - to students who are children of Essential Persons, recognizing that COVID-19 response may require extended working hours by our Essential Persons.

        d. Schools providing pre-K services under Act 166 continue to receive funding allocated to them during the Closure Period and all schools shall continue to receive State Education Fund allocations for enrolled students, regardless of actual daily attendance, throughout the Closure Period.

        e. Schools and school districts, in cooperation with state agencies, work to support families most impacted by this crisis, including, but not limited to, low-income families. During the Closure Period, school districts are expected to work with their schools and communities to continue to provide meals to their students, utilizing the Education Secretary's authority to assist with necessary waivers and to provide additional guidance on meal continuity.

        f. Planning occurs to provide additional funding as may be needed to schools to ensure continuity of services to children of Essential Persons during the Closure Period.

        g. Districts are encouraged to utilize facilities to minimize the total number of children and staff in any one facility.

        7. With respect to child care programs, the Secretary of the Agency of Human Services ("Human Services Secretary") shall oversee the implementation of this Directive and I hereby delegate to the Human Services Secretary such authority as may be necessary for this implementation in accordance with the below:

        a. During the Closure Period, state-licensed child care programs are asked to provide care to, at a minimum, their own enrollees who are children of Essential Persons. In providing this care, child care centers must practice hygiene and social distancing best practices as set forth by VDH.

        b. State-licensed child care centers are encouraged to also provide extended care - before and after normal operating hours - to enrollees who are children of Essential Persons and to work with CDD to provide care for those not presently enrollees in their facilities who are children of Essential Persons.

        c. Our licensing office of CDD will work with licensed child care centers to use best judgment to waive to the fullest extent possible all relevant licensing rules in order to permit child care centers to serve children of Essential Persons during the Closure Period.

        d. During the Closure Period, the State shall continue to provide current levels of tuition payments on behalf of eligible families to: (a) all child care programs serving CCFAP-eligible children; and (b) child care programs and schools providing services under Act 166 for pre-K students.

        e. CDD shall have authority, using its best judgment, to waive to the fullest extent possible all relevant licensing rules and regulations, including penalties, in order to permit licensed child care programs to serve children of Essential Persons during the Closure Period.

        f. The Human Services Secretary shall develop options for additional per-child-served funding to all child care centers that serve children of Essential Persons during the Closure Period.

        8. To support child care centers in staying open, supporting their employees, and remaining in business during this emergency and afterward, all State Agencies shall collaborate and align resources as directed by the Human Services Secretary, in consultation with the Governor, to support child care providers in accordance with this Directive.

        9. State Agencies shall collaborate on continuity of mental health services to children and their families during the Closure Period, as directed by the Human Services Secretary, in consultation with the Governor.

        10. All child care providers, school administrators, teachers and staff shall follow guidance issued by the Department of Health to ensure a healthy workplace during the Closure Period.

        11. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.

        This Directive shall take effect upon signing and shall continue in full force and effect until April 6, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management, and the Agency of Education shall assess the emergency and determine whether to amend or extend this Directive.

        Dated March 17, 2020

        WHEREAS, on Friday, March 13, 2020, the Governor issued an Executive Order declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, since that time, many additional cases of COVID-19 have been tested as presumptively positive in the State; and

        WHEREAS, the Governor and the Department of Health have been very clear that social distancing measures are essential in order to curb the rapid spread of COVID-19 and minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities; and

        WHEREAS, the Governor, in consultation with the Commissioner of the Department of Health and the Commissioner of the Department of Motor Vehicles ("DMV"), has determined that consistent with current guidance it is essential to restrict in-person visits to the DMV district offices; and

        WHEREAS, on Monday, March 16, 2020, the Governor announced that the Department of Motor Vehicles ("DMV") will be extending license and registration renewals for 90 days beyond their effective expiration date beginning March 13, 2020 in order to limit in-person visits to the DMV district offices; and

        WHEREAS, as of the close of business on Thursday, March 19, 2020, DMV shall provide online, mail and phone services, and suspend all in-person transactions; and

        WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health and is expected to help prevent and reduce the spread of COVID-19.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby direct the Department of Motor Vehicles as follows:

        1. DMV services shall be provided online, by mail or phone, and all in-person transactions shall be suspended for the period of the State of Emergency.

        2 In order to meet the needs of DMV customers, the Commissioner of the DMV shall develop a Continuity of DMV Services Plan that includes, at a minimum:

        a. Effective March 13, 2020, license and registration renewals shall be extended for 90 days beyond their effective expiration date.

        b. All license and non-driver ID renewal applications shall be processed by mail or on-line, so long as the applicant photographs that would otherwise be non-compliant with state law, shall be compliant with the federal government's REAL ID Act.

        c. Registrations and filings for the International Registration plan (IRP) and the International Fuel Tax Agreement (IFTA) shall be extended for 90 days beyond their effective expiration date.

        d. Temporary registration certificates and number plates shall be valid for 90 days.

        e. Driver permits or license examinations postponed shall be scheduled within a reasonable period of time following the termination of the state of emergency.

        f. "Lemon law" complaints received during the state of emergency period or complaints which were pending at the commencement of the state of emergency which may need to be postponed shall be heard within a reasonable period of time following the termination of the state of emergency.

        3. The Commissioner of Motor vehicles shall develop such policies and procedures necessary to facilitate the processing of registrations, renewals, transfer registrations and other services by mail, phone and on-line and address the concerns of DMV customers.

        4. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.

        5. The Commissioner of the Department of Motor Vehicles shall oversee the implementation of this Directive.

        This Directive shall take effect upon signing and shall continue in full force and effect until April 6, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Department of Public Safety/Division of Emergency Management and the Department of Motor Vehicles shall assess the emergency and determine whether to amend or extend this Directive.

        Dated March 18, 2020

        WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced almost 1,000 cases and over 50 related deaths; and

        WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out ("Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, the Executive Order expressly recognized the critical need to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities and directed the Commissioner of the Department of Motor Vehicles (DMV) to develop a plan to extend DMV licensing and registration renewal deadlines and other statutory and regulatory DMV requirements to mitigate contagion risk by reducing customer traffic throughout all DMV district offices; and

        WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the VDH, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness, including, among numerous other measures, suspension of all in-person transactions at the DMV; and

        WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

        WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont's economy and continues to do so with the limited reopening of in-person operations at the DMV.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby modify Directive 3 to the DMV issued March 18, 2020 to authorize the Commissioner of DMV to resume limited in-person DMV transactions, including the resumption of driver's license examinations, but only in accordance with appropriate occupancy limits and physical distancing, health and sanitation and training measures, subject to the approval of the Governor.

        1. Continuity of DMV Services Plan. In order to meet the needs of DMV customers, the Commissioner of the DMV shall modify the COVID-19 related Continuity of DMV Services Plan to allow for the implementation of an incremental phased and evidence-based approach to resumption of DMV operations. The Commissioner DMV shall develop such policies and procedures necessary to facilitate the continued processing of registrations, renewals, transfer registrations and other services to the extent possible by mail, phone and on-line and undertake the measures needed to safely resume in-person services as needed to safely, effectively and efficiently address the concerns of DMV customers.

        2. Commissioner Authority. The Commissioner of DMV shall oversee the implementation of this Directive, as amended.

        This Directive, as amended, shall take effect upon signing and shall continue in full force and effect until June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Department of Public Safety/Division of Emergency Management and the Department of Motor Vehicles shall assess the emergency and determine whether to amend or extend this Directive, as amended.

        Dated June 1, 2020

        WHEREAS, on Friday, March 13, 2020, the Governor issued an Executive Order declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, since that time, many additional cases of COVID-19 have been tested as presumptively positive in the State; and

        WHEREAS, on Monday, March 16, the Governor imposed additional social distancing measures in order to mitigate the spread of COVID-19 including the prohibition of on-premises consumption of food or drink at any restaurant, bar, or establishment that offers food or drink, effective Tuesday, March 17, 2020 at 2:00 p.m. and continuing in full force and effect until April 6, 2020; and

        WHEREAS, restaurants, bars and establishments that offer food or drink may continue to offer food for take-out and by delivery; and

        WHEREAS, alcohol sales can make up over 40% of the revenue of restaurants and establishments that offer food or drink; and

        WHEREAS, it is critical the State avoid adverse economic impacts where possible; and

        WHEREAS, in light of the significant economic impacts being imposed on restaurants and establishments that offer food or drink and their employees, as well as the social distancing measures being asked of Vermonters, the Governor has determined to permit "to-go" sales and delivery of beverage alcohol with the purchase of a meal, as well as the delivery of alcohol product by licensed retail stores.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, specifically 20 V.S.A. § 8(b)(1) , hereby order that the rules of the Board of the Department of Liquor and Lottery ("Board") are hereby amended or rescinded, as necessary, to permit "to-go" sales and delivery of beverage alcohol with the purchase of a meal, as well as the delivery of alcohol product by licensed retail stores, as follows:

        1. 1st class licensees are hereby authorized to allow for take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption.

        2. 2nd and 4th class licensees shall be authorized to allow for delivery and curbside pickup of un-opened containers of spirits, spirit-based product and malt and vinous product.

        3. Other licensees who serve food, or who partner with entities who serve food, are authorized to allow for take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption.

        4. The permissible hours for delivery shall be from 10:00 a.m. until 11:00 p.m.

        5. For deliveries, the licensee shall be able to travel from town to town or from place to place carrying orders for delivery of any alcohol product they are licensed to sell and authorized to deliver hereunder without a delivery permit, provided the following conditions are met:

        a. The person making the delivery is at least 18 years old and is certified to sell or serve alcohol by the Board.

        b. All deliveries shall be in person to a physical building or residence.

        c. Licensees shall maintain an inspectable log of all deliveries made and such log shall at a minimum include:

        i. Name of recipient and physical address in Vermont to where the product was delivered;

        ii. How ID was verified;

        iii. A signature of recipient at least twenty-one (21) years of age;

        iv. Complete description of the product and quantity delivered;

        v. Time of delivery;

        vi. The name of the employee making the delivery.

        6. Any additional guidance or recommendations by the Commissioner or the Board in this regard shall be subject to the Governor's review and approval. Any order of the Board relating to this matter following the declaration of the State of Emergency, which has not received the approval of the Governor, is hereby rescinded.

        7. The Board shall not penalize any 1st class or 2nd class licensee who is in compliance with the terms of this Directive and any approved guidance issued hereunder.

        This Directive shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with VDH and DPS/VEM, shall assess the emergency and determine whether to amend or extend this Directive.

        Dated March 19, 2020

        WHEREAS, on Friday, March 13, 2020, the Governor issued an Executive Order ("Executive Order"), declaring a State of Emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, since that time, the number of additional cases of COVID-19 has grown exponentially and sadly, but not surprisingly Vermont is experiencing its fatal impact; and

        WHEREAS, on March 15, 2020, the Governor issued a Directive to all School Boards and Superintendents ("School Continuity Directive"), dismissing schools from March 18, 2020 through April 6, 2020 ("Closure Period") and directing Continuity of Education Planning; and

        WHEREAS, the School Continuity Directive delegated authority to the Secretary of the Agency of Education ("Education Secretary") to oversee its implementation, including with respect to addressing the child care needs of healthcare workers and other Vermonters essential to the COVID-19 response ("Essential Persons"), during the Closure Period; and

        WHEREAS, on March 17, 2020, the Governor issued a Directive to all School Boards, Superintendents and Child Care Providers ("Child Care Directive"), to close all routine child care operations and provide for the care of the infants, pre-k children and children through grade 8 of Essential Persons, during the Closure Period; and

        WHEREAS, on March 24, 2020, the Governor issued Addendum 6 to the Executive Order ("Stay Home/Stay Safe"), which puts additional restrictive measures in place to minimize all unnecessary activities outside the home to slow the spread of COVID-19 and protect the public; and

        WHEREAS, Stay Home/Stay Safe was implemented in consultation with the Commissioner of the Vermont Department of Health ("VDH") and directs Vermonters to stay at home, leaving only for essential reasons critical to health and safety; closes all businesses and not-for-profit entities; and provides exemptions for certain critical businesses employing Essential Persons; and

        WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH, the Secretary of the Agency of Human Services and the Secretary of Education, to dismiss schools in Vermont through the end of the year and provide clarity regarding child care for Essential Persons; and

        WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health and is expected to help provide the necessary care and services to prevent and reduce the spread of COVID-19.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby direct the governing bodies of all public and independent schools as follows:

        1. Schools for preK-12 students shall remain dismissed for in-person instruction for the remainder of the 2019-2020 school year, unless otherwise ordered by the Governor if the COVID-19 response should allow.

        2. Schools are required to have continuity of learning plans for remote learning implemented on or before Monday, April 13, 2020.

        3. The Secretary of the Agency of Education shall issue guidance on or before Friday, May 8, 2020 on end of school year gatherings and graduations.

        4. Schools districts are encouraged to utilize facilities and staff to assist in child care for Essential Persons so long as they adhere to health guidance issued by VDH for operations of child care programs during the COVID-19 response.

        5. "Essential Persons" are employees of businesses and entities providing services or functions deemed critical to public health and safety, as well as economic and national security as described in Stay Home/Stay Safe and supplemental guidance issued by the Agency of Commerce and Community Development; provided, however, child care being provided to Essential Persons during the State of Emergency shall only be utilized by Essential Persons (a) when there is no parent, guardian or other arranged care in the home to care for the child; or (b) in the event of exigent circumstances necessary for the health and safety of the child. Further, in the event of child care capacity constraints, the children of healthcare providers and other essential healthcare system employees, first responders and essential government employees with primary responsibility for execution of the COVID-19 response shall receive priority placement.

        6. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.

        Except as set forth in this Directive, the School Continuity Directive and the Child Care Directive shall remain in full force and effect. This Directive shall take effect upon signing and shall continue in full force and effect until such time as the Governor, in consultation with the Vermont Department of Health, the Department of Public Safety/Division of Emergency Management and the Agency of Education shall assess the emergency and determine whether to amend or terminate this Directive.

        Dated March 26, 2020

        WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency ("Executive Order"), as amended and restated June 15, 2020 ("Amended and Restated Executive Order"), declaring a state of emergency for the State of Vermont in response to COVID-19; and

        WHEREAS, on March 1, 2020, the Governor issued Directive 1 to all School Boards and Superintendents for Continuity of Education Planning in order proceed with an orderly dismissal of schools in Vermont to support both the State's response to COVID-19 and the needs of children and families across Vermont; and

        WHEREAS, this decision was based on the best scientific evidence available to the experts at the Vermont Department of Health (VDH) and helped to prevent and reduce the spread of COVID-19; and

        WHEREAS, at this time, based on the best scientific evidence available to the experts at VDH and leading pediatric medical professionals and educators, I have determined to impose a statewide uniform start date for Vermont schools.

        NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby direct the governing bodies of all public and independent schools as follows:

        1. Except as set forth herein, all public schools and independent schools shall be opened for in person or remote classroom instruction on, but not prior to, Tuesday, September 8, 2020 in accordance with the health and safety guidance issued by VDH and the Agency of Education.

        2. Schools that primarily serve students with disabilities may start their instructional operations prior to September 8, 2020 based on student needs.

        3. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.

        4. The Secretary of Education shall oversee the implementation of this Directive and I hereby delegate to the Secretary of Education such authority as may be necessary for this implementation. All local school officials and governing bodies shall consult with and abide by the direction of the Secretary of Education with respect to compliance with this Directive. School officials shall work with and assist the Agency of Education as directed by the Secretary of Education.

        This Directive shall take effect upon signing.

        Dated July 29, 2020

ADDENDUM 10 TO EXECUTIVE ORDER 01-20

Work Smart & Stay Safe -Restart VT: Phase I

ADDENDUM 11 TO EXECUTIVE ORDER 01-20

[Work Smart & Stay Safe - Restart VT: Phase II]

ADDENDUM 12 TO EXECUTIVE ORDER 01-20

[Work Smart & Stay Safe - Restart VT: Phase III]

ADDENDUM 13 TO EXECUTIVE ORDER 01-20

[Play Smart and Play Safe: Restart Phase V]

ADDENDUM 14 TO EXECUTIVE ORDER 01-20

[Extension of State of Emergency Declared March 13, 2020; Be Smart/Stay Safe]

ADDENDUM 15 TO EXECUTIVE ORDER 01-20

[Outdoor Restaurants, Bars and Other Establishments that Offer Food and Drink]

ADDENDUM 16 TO EXECUTIVE ORDER 01-20

[Close Contact Businesses; Large Social Gatherings]

ADDENDUM 17 TO EXECUTIVE ORDER 01-20

[Modified Quarantine Restrictions on Travelers Arriving in Vermont; Municipal Regulation of Bars and Restaurants]

AMENDED AND RESTATED EXECUTIVE ORDER NO. 01-20

[Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out]

ADDENDUM 1 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20

[Extension of State of Emergency Declared March 13, 2020]

ADDENDUM 2 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 01-20

[Strengthening the Use of Facial Coverings]

ADDENDUM 3 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 01-20

[Extension of State of Emergency Declared March 13, 2020]

ADDENDUM 4 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20

[Expansion of Child Care to School-Age Children in Family Child Care Homes]

ADDENDUM 5 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20

[Extension of State Emergency Declared March 13, 2020]

ADDENDUM 6 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20

[Extension of State Emergency Declared March 13, 2020]

ADDENDUM 7 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20

[Limiting Skating Facility Availability]

ADDENDUM 8 TO AMENDED AND RESTATED EXECUTIVE ORDER 01-20

[Extension of State of Emergency Declared March 13, 2020; Stay Safe/Stay Working/Stay in School]

GUBERNATORIAL DIRECTIVE TO ALL SCHOOL BOARDS AND SUPERINTENDENTS

DIRECTIVE 1 - CONTINUITY OF EDUCATION PLANNNG

GUBERNATORIAL DIRECTIVE TO ALL SCHOOL BOARDS, SUPERINTENDENTS, AND CHILD CARE PROGRAMS

DIRECTIVE 2 - PROVISION OF SERVICES TO CHILDREN OF ESSENTIAL PERSONS DURING CLOSURE PERIOD IN RESPONSE TO COVID-19

GUBERNATORIAL DIRECTIVE TO THE DEPARTMENT OF MOTOR VEHICLES

DIRECTIVE 3 - DEPARTMENT OF MOTOR VEHICLES SUSPENSION OF IN-PERSON TRANSACTIONS

AMENDMENT TO GOVERNOR'S DIRECTIVE 3 TO THE DEPARTMENT OF MOTOR VEHICLES

GUBERNATORIAL DIRECTIVE TO THE BOARD AND COMMISSIONER OF THE DEPARTMENT OF LIQUOR AND LOTTERY

DIRECTIVE 4 - REGULATORY AMENDMENTS

Amended March 20, 2020

GUBERNATORIAL DIRECTIVE TO ALL SCHOOL BOARDS AND SUPERINTENDENTS AND CHILD CARE PROVIDERS

DIRECTIVE 5 - CONTINUITY OF LEARNING PLANNING

PROVISION OF SERVICES TO CHILDREN OF ESSENTIAL PERSONS DURING CLOSURE PERIOD IN RESPONSE TO COVID-19

GUBERNATORIAL DIRECTIVE TO ALL SCHOOL BOARD AND SUPERINTENDENTS

DIRECTIVE 6 - UNIFORM SCHOOL REOPENING

20-60. (No. 03-20) [Governor's Public Safety Reform Initiative.

WHEREAS, just two months ago, this country watched the tragic death of George Floyd, and while Vermont has been committed to fair and impartial policing for some time, we must acknowledge work remains to be done; and

WHEREAS, Vermont's Constitution requires every officer of the State in authority, whether judicial or executive or military, to swear an oath that, in the execution of their office, they will do equal right and justice to all persons, to the best of their ability, according to law; and

WHEREAS, this oath imposes upon all state officers, including our state-wide elected officials, our judges, our prosecutors and our law enforcement officers an awesome responsibility and we must do all we can to ensure our officers and our institutions are prepared, in fact, to do equal right and justice to all persons; and

WHEREAS, in January of this year, the Department of Public Safety (DPS) put forth an outline for modernizing policing and public safety in Vermont, which is based, in part, on more than 50 years of studies, reports and legislative drafts; and

WHEREAS, in June of this year, together with law enforcement and community leaders, DPS drafted a comprehensive 10-point strategy to accelerate progress in the organization of state law enforcement operations, modernizing our data collection and reporting technology; expanding alternative crisis response methodologies such as field mental health workers; providing enhanced statewide model policies in key areas, including use of force; modernizing hiring practices, training and supervisor selection; and developing community oversight models; and

WHEREAS, nationally, community representatives, law enforcement representatives and other advocacy groups are debating the risks and benefits of these and other measures such as an end to qualified immunity for law enforcement officers, removal of police from schools, banning the use of certain military equipment and techniques and banning certain surveillance techniques, all of which merit open and informed debate and consideration in Vermont's communities and in the Legislature; and

WHEREAS, the scope of this Order is to use the current lawful authority of the Governor and the resources available to the Executive Branch to accelerate the modernization of public safety operations throughout Vermont.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as the Governor, do hereby order and direct as follows:

  1. Short Term Priorities.
    1. Community Participation.  The Commissioner of DPS shall, in consultation with the Executive Director of Racial Equity, actively engage with communities, particularly those communities that have been historically marginalized or harmed by policing, as we develop and deploy best policing practices. Only through extensive outreach and participation can we achieve the goals outlined in the DPS's 10-point strategy, move forward on these initiatives and develop equitable processes that ensure equitable outcomes.
    2. Hiring and Promotion Practices.  State and local law enforcement agencies must recruit, hire, retain and promote officers who reflect the values and diversity of the communities they serve. In furtherance of DPS's ongoing work in this area, on or before October 1, 2020, the Commissioner of DPS shall work with community representatives and other interested parties to develop model processes and begin to implement enhancements to systems for hiring interviews in selection processes, background investigations and polygraph and psychological examinations, for purposes of hiring and promotion, including the hiring of police executives in Vermont. The Vermont Criminal Justice Training Council (CJTC) shall consider the model processes developed by DPS for adoption by all law enforcement agencies statewide.

      On or before December 1, 2020, the Commissioner shall, in consultation with the Commissioner of Human Resources and the Executive Director of Racial Equity, develop additional initiatives to reach out to a more diverse hiring pool. This shall include measurable assessments of those efforts and outcomes.

    3. Data.  DPS, in consultation with the Agency of Digital Services (ADS), shall prioritize the adoption of an updated statewide computer aided dispatch and records management data system that is standardized and mandatory for all agencies related to use of force, traffic stops, arrests, mental health and other related topics. Further, that system shall make data more swiftly and fully available to communities, Vermonters and researchers using a variety of modern tools ranging from easily accessible dashboards to raw data - excluding personally identifying information on any person. The Commissioner of DPS and the Secretary of ADS shall provide a weekly status update to the Governor on the progress toward statewide implementation of this system.
    4. Body Worn Cameras.  As we look forward to a time when all law enforcement agencies in the State will be using body worn cameras, the State will require clear, consistent statewide policies governing their use, including universal policy on activation / de-activation, privacy issues, and release of camera footage.

      The Commissioner of DPS is hereby directed to expedite work to 1) identify the scope of need for cameras by all Vermont law enforcement agencies; and 2) in collaboration with Vermont community representatives, and in consultation with the Executive Director of Racial Equity and other stakeholders, develop for the consideration of the CJTC, a statewide model policy on body worn cameras for all law enforcement agencies and officers for use statewide.

    5. Use of Force Policy.  On or before October 1, 2020, the Commissioner of DPS, in consultation with the Executive Director of Racial Equity, community representatives and other interested parties shall develop, for the consideration of the CJTC, a statewide model policy on the use of force for all law enforcement agencies and officers. The model policy shall establish a statewide definition for what constitutes a use of force by police, and include best practices on when use of force shall be prohibited, such as in response to peaceful protests, and under what circumstances proportional use of force may be necessary. The model policy shall also address when and under what circumstances police military equipment shall be prohibited and when and under what circumstances it may be necessary.

      At this time Vermont's State Police and local police agencies do not possess or use invasive surveillance technologies, advanced autonomous weaponry, facial recognition software or predictive policing technologies. It shall be the policy of the State that these technologies and techniques shall not be adopted by any law enforcement agency without express authorization under State law.

      Further, it shall be the policy of the State that a police agency's failure to adopt the statewide model use of force policy shall result in limitations on state funding and access to training for the agency.

    6. Training.  The Commissioner has proposed a detailed plan for comprehensive law enforcement training modernization. I hereby direct the Commissioners of DPS, Corrections, Motor Vehicles and Fish and Wildlife, as a members of the CJTC, together with the new Executive Director of the Council, to coordinate and lead the efforts of the Council to develop and use updated, statewide training, schedules and methods. On or before December 1, 2020, the Commissioner of DPS shall report to the Governor on the status of these efforts.
    7. Improper Conduct Allegations.  The process of investigating improper conduct allegations must be easily accessible and as transparent as possible, while protecting the privacy of both the accused and the complainant. Investigations must have swift and consistent outcomes and include community oversight.

      Working with community representatives and other interested parties to develop the most suitable models, on or before October 1, 2020, the Commissioner of DPS, in consultation with the Executive Director of Racial Equity and the CJTC, shall recommend to the Governor a statewide model policy for investigating allegations of improper conduct. This process should consider different models used outside of Vermont, including those involving civilian investigators or investigators from other agencies.

  2. Development of Legislative Proposals for 2021.
    1. Universal Reporting Portal for Improper Conduct Allegations.  On or before October 1, 2020, working with community representatives and other interested parties, the Commissioner of DPS shall develop, for the Governor's consideration, a legislative framework for uniform, statewide release of data and information regarding misconduct allegations. This shall include a proposal for development and implementation of a centralized statewide reporting portal and universal phone number for reporting allegations of misconduct.
    2. Use of Force Investigation and Review.  On or before October 1, 2020, working with community representatives and other interested parties, the Commissioner of DPS shall propose, for consideration by the Governor, a statutory mandate that all lethal force used by law enforcement and all deaths in custody are investigated by the Vermont State Police Major Crime Unit and reviewed independently by the Office of the Attorney General and a State's Attorney in a manner that is free from both actual and apparent conflicts of interest.
    3. Community Oversight Models.  On or before December 1, 2020, the Commissioner of DPS, in consultation with the Office of Attorney General's Division of Human Rights, and community representatives, shall recommend to the Governor one or more models of civilian oversight of law enforcement and develop a statutory framework for the consideration of the Governor. Any such statutory framework shall include provisions designed to create civilian oversight boards which minimize the risk of conflicts of interest, and the appearance of conflicts of interest between those serving on local civilian oversight boards and law enforcement executives or officers of a given locality. Once such example would be civilian oversight of law enforcement on a county-wide basis structured in a manner that avoids both actual and apparent conflicts of interest.

      This Executive Order shall take effect upon execution.

      Dated August 20, 2020

History

Editor's note. The Vermont Criminal Justice Training Council, referred to in this order, was renamed the Vermont Criminal Justice Council by 2019, No. 166 (Adj. Sess.), § 2(b).

20-61. (No. 05-20) [Emergency Guard Call-Out for Hospital Systems Restoration.

Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601 , and having determined the protection of health and safety and the preservation of the lives of the people of the State requires it, I hereby order and direct the Adjutant General of Vermont to order into service a force of the National Guard for the purpose of assisting in cybersecurity operations beginning November 1, 2020.

The need for National Guard assistance is a direct result of a known cyberattack on University of Vermont Medical Center information technology systems which occurred on October 28, 2020.

Payment for personnel performing the State service shall be in accordance with the provisions of 20 V.S.A. § 603 .

This Order shall take effect upon signing and shall terminate at midnight, November 8, 2020 unless extended by the Governor.

Dated October 31, 2020

ADDENDUM TO EXECUTIVE ORDER 05-20

[Emergency Guard Call-Out for Hospital Systems Restoration]

Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601 , and having determined the protection of health and safety and the preservation of the lives of the people of the State requires it, I hereby order and direct the Adjutant General of Vermont to extend the service of a force of the National Guard for the purpose of assisting in cybersecurity operations, which began November 1, 2020, through November 14, 2020 at midnight, unless extended by the Governor.

This Addendum to Executive Order 05-20 shall be effective as of November 8, 2020.

Dated November 9, 2020

ADDENDUM 2 TO EXECUTIVE ORDER 05-20

[Emergency Guard Call-Out for Hospital Systems Restoration]

Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601 , and having determined the protection of health and safety and the preservation of the lives of the people of the State requires it, I hereby order and direct the Adjutant General of Vermont to extend the service of a force of the National Guard for the purpose of assisting in cybersecurity operations, which began November 1, 2020, through December 15, 2020 and coterminous with the Governor's Amended and Restated Executive Order 01-20, unless sooner rescinded by the Governor.

This Addendum to Executive Order 05-20 shall be effective as of November 14, 2020.

Dated November 17, 2020

CHAPTER 21. LABOR

21-1. (No. 36-70) [Transfer of Funds and Responsibilities for Program of Day-Care Services for Children of Working Mothers and Guardians.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

21-2. (No. 55-81) [Administration of Comprehensive Employment and Training Office.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

21-3. (No. 04-85) [Wage Rates on Rouses Point Bridge Project.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

21-4. (No. 02-93) [Governor's Advisory Council on Workers' Compensation.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

21-5. (No. 06-95) [Child Care Partnership Committee.

WHEREAS, the Governor's Partnership in Child Care Committee has worked diligently to carry out its mandate since its inception in 1988; and

WHEREAS, the Governor's Partnership in Child Care Committee has succeeded in identifying and promoting its specific goals of increasing public awareness and improving training and advocacy as a means of promoting high quality child care through partnership between the state, community and private sector; and

WHEREAS, the work of the Governor's Partnership in Child Care Committee has moved in a new direction which now can be accomplished outside of the framework of government.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby revoke and rescind Executive Order #59-88 dated April 8, 1988.

This Executive Order shall take effect upon signing.

Dated September 11, 1995.

21-6. (No. 01-99) [Vermont State Workforce Investment Board.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

21-7. (No. 06-01) [Transfer of the Division of Occupational Health from the Department of Health to the Department of Labor and Industry.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

21-8. (No. 01-05) [Merger of Department of Labor and Industry and Department of Employment and Training.

WHEREAS, the Governor, pursuant to 3 V.S.A. Section 2001, may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, it is desirable to reorganize the departments and divisions of government by better coordinating certain activities and improve the coordination and effectiveness of services to the public; and

WHEREAS, the missions of both the Department of Labor and Industry and the Department of Employment and Training involve ensuring and providing employment security, employment related services, labor market information, compensation, safety and training for Vermont workers and their employers, as well as providing for the public safety and welfare; and

WHEREAS, the State could improve and enhance services to the public through the merger of the Department of Labor & Industry and the Department of Employment and Training into a single Department.

NOW THEREFORE, by virtue of the authority vested in me by 3 V.S.A. chapter 41 as Governor, I, James H. Douglas, do hereby create a Department of Labor by merging the Department of Labor and Industry and the Department of Employment and Training. The Department of Labor shall be successor to the Department of Labor and Industry and the Department of Employment and Training.

  1. All duties, responsibilities and authority of the Department of Labor and Industry and the Department of Employment and Training are hereby transferred to the Department of Labor.
  2. The positions of Commissioner of Labor and Industry and Commissioner of Employment and Training are abolished and all the duties, responsibilities, and authority of those Commissioners are hereby transferred to the Commissioner of the Department of Labor.
  3. All other authorized positions and equipment of the Department of Labor and Industry and the Department of Employment and Training are transferred to the Department of Labor.
  4. The following Boards, Commissions, and Councils are attached to the Department of Labor for administrative purposes: Electricians' Licensing Board, Plumbers' Examining Board, Apprenticeship Council, the Passenger Tramway Board, Workers' Compensation Advisory Council, Human Resources Investment Council (HRIC), Employment Security Board, Unemployment Advisory Council, and Displaced Homemaker Policy Council.
  5. Effective July 1, 2005, the Department of Labor shall administer all programs formerly administered by the Department of Labor and Industry and the Department of Employment and Training, including, but not limited to:

    ì Workers' Compensation program ( 21 V.S.A. §§ 601-1023 );

    ì V.O.S.H.A. and Project WorkSAFE programs ( 21 V.S.A. §§ 201-232 and 18 V.S.A. §§ 1415-1418 (transferred to Labor & Industry by Executive Order No. 21-7 dated 12/21/2001));

    ì Passenger Tramway program ( 31 V.S.A. §§ 701-712 );

    ì Apprenticeship law ( 21 V.S.A. §§ 1101-1105 );

    ì State and Federal job training and employment services programs, including those authorized by 21 V.S.A. §§ 1201-1206 and 21 V.S.A. §§ 1231-1232 and 10 V.S.A. §§ 531 , 541, 542;

    ì Youth in Agriculture ( 21 V.S.A. §§ 1151-1153 );

    ì Electrician Licensing ( 26 V.S.A. §§ 881-915 and 9 V.S.A. §§ 3201-3206 ), Plumbing Inspection and Licensing ( 26 V.S.A. §§ 2171-2199 ), and Elevator Inspection and Licensing programs ( 21 V.S.A. §§ 141-157 );

    ì Unemployment Compensation law (21 V.S.A §§ 1301-1461);

    ì Employee Leasing ( 21 V.S.A. §§ 1031-1043 ); ì Wage/Hour and Child Labor program ( 21 V.S.A. §§ 301-519 ).

    ì Wage/Hour and Child Labor program ( 21 V.S.A. §§ 301-519 ).

  6. Effective July 1, 2005, the Department shall consist of three divisions: the Division of Workers' Compensation and Safety, the Division of Workforce Development, and the Division of Unemployment Insurance and Wages.
  7. The Department of Labor shall be headed by a Commissioner appointed by the Governor, with advice and consent of the Senate. The Commissioner of Labor may appoint the following exempt positions: an executive assistant, a director to head each division, a deputy, and a general counsel.
  8. The Commissioner of Labor shall further study the effectiveness, priority and delivery of services and shall report to the governor by November 15, 2005, any further recommendation for restructuring and/or statutory changes.

    This Executive Order shall take effect on July 1, 2005, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002 . This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 (b) .

    Dated January 14, 2005

History

Reference in text. The "Department of Labor and Industry", referred to in this order, was merged with the Department of Labor and is now referenced as the "Department of Labor" by Executive Order No. 21-8, effective July 1, 2005.

The "Commissioner of Labor and Industry" and the "Commissioner of Employment and Training" referred to in this order are now referenced as the "Commissioner of Labor" pursuant to 2005, No. 103 (Adj. Sess.), § 3, effective April 5, 2006.

The "Department of Labor and Industry" and the "Department of Employment and Training" referred to in this order are now referenced as the "Department of Labor" pursuant to 2005, No. 103 (Adj. Sess.), § 3, effective April 5, 2006.

21-9. (No. 08-12) [Governor's Task Force on Employee Misclassification.

WHEREAS, Vermont law provides that all workers are considered employees unless a worker is lawfully exempt as an "independent contractor," and

WHEREAS, when an employee is misclassified as an independent contractor, the employer potentially violates numerous laws, and

WHEREAS, the misclassification of employees harms Vermont workers by depriving them of important legal rights, harms Vermont taxpayers and the State's economy through the loss of state and federal payroll taxes, and harms employers who abide by the law by enabling non-compliant business to gain an unfair advantage, and

WHEREAS, Vermont's laws regarding misclassification must be aggressively enforced in a coordinated, timely, and consistent manner by all agencies and departments.

NOW THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby create the "Governor's Task Force on Employee Misclassification" as set forth below.

  1. Composition, Appointments, and Process.

    The Task Force shall consist of the following members:

    - The Secretary of Administration or designee

    - The Commissioner of Labor or designee

    - The Commissioner of Financial Regulation or designee

    - The Commissioner of Taxes or designee

    - The Commissioner of Buildings and General Services or designee

    - The Secretary of Transportation or designee

    - The Secretary of Human Services or designee

    - The Secretary of Commerce or designee

    - The Commissioner of Liquor Control or designee

    The Task Force may also request the participation of other state officials, including the Attorney General or designee and the Secretary of State or designee.

    The Commissioner of Labor or his or her designee shall chair the Task Force. The Task Force may elect a deputy chair. The Department of Labor shall provide administrative support. The Task Force shall meet every two months at the call of the Chair or deputy chair.

  2. Charge.

    The Task Force is charged with combating the practice of employee misclassification and shall report its findings to the Governor on January 15 of each year.

    The Task Force shall:

    1. Examine and evaluate existing misclassification enforcement by agencies and departments;
    2. Develop and implement a campaign to educate and inform employers, workers, and the general public about misclassification;
    3. Coordinate review of existing law and other methods to improve monitoring and enforcement of misclassification;
    4. Review and establish reasonable mechanisms to accept complaints and reports of non-compliance;
    5. Review templates for state contracts and grants and monitor systems to ensure compliance by contractors and grant recipients;
    6. Identify barriers to information sharing and recommend statutory changes where necessary;
    7. Work collaboratively with businesses, labor, and other interested stakeholders in the effort to reduce employee misclassification;
    8. Ensure that agencies and departments are engaged in timely enforcement and that any penalties and debarment periods are posted to a publicly available website in a timely manner, where permitted by law.  Additional methods of public notice and information sharing shall be reviewed and recommended by the Task Force.
    9. Engage in other activities as deemed necessary and appropriate by the Task Force, as permitted by law.

      All agencies and departments shall cooperate with the Task Force and furnish information in a timely fashion. The Task Force is authorized to receive monetary and other assistance in furtherance of its duties upon approval of the Governor in accordance with law. The Department of Labor shall be the fiscal recipient of any such funds.

  3. Effective Date.

    This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor.

    Dated September 8, 2012.

CHAPTER 22. LIBRARIES AND HISTORY

22-1. (No. 15-85) [Preservation of Local Historic Resources.

WHEREAS, the preparation for celebrating the Bicentennial of Vermont's admission into the Union in 1791 provides an opportunity for state government to reaffirm its commitment to preserve Vermont's historic resources through community revitalization; and

WHEREAS, historic preservation activities have strengthened the vitality and attractiveness of Vermont communities; and

WHEREAS, the preservation of our historic resources through community revitalization supports state economic development by attracting visitors and new industries; and

WHEREAS, state government has supported community development through the location of state activities in renovated historic structures and other existing buildings, and through the historic preservation efforts of the Division for Historic Preservation; and

NOW, THEREFORE, BE IT RESOLVED that I, Madeleine M. Kunin, Governor of Vermont, direct the Department of State Buildings to support and assist the efforts of local officials to revitalize their communities and preserve local historic resources.

In order to carry out the policy set forth above the Department of State Buildings shall:

  1. give priority to locating state government activities in historic buildings and other existing buildings when this is appropriate in regard to financial and program requirements; and
  2. support the Vermont Community Development Program by using rehabilitated historic and other existing buildings for state offices; and
  3. coordinate the location of state facilities with local government officials to assure that state facilities will be located in accord with municipal policies, plans and regulations; and
  4. coordinate the location of state facilities with the Vermont Division for Historic Preservation.

    This Executive Order shall take effect on the date hereof.

    Dated September 6, 1985.

History

Editor's note. The department of state buildings, referred to in the fifth paragraph of this order, was renamed the department of buildings and general services by 1995, No. 148 (Adj. Sess.), § 4(c)(1).

22-2. (No. 30-86) [Vermont Life Advisory Board.

WHEREAS, for 40 years, Vermont Life magazine has been an important quarterly expression of Vermont's attributes, values, and people, and has helped make the beauty, heritage, and special characteristics of our state known nationwide; and

WHEREAS, for many years a group of professional Vermont photographers, writers, and experts on Vermont have given generously of their time and talent to assist and support the editor and staff of that magazine, and have, therefore, helped maintain its high quality and independent viewpoint; and

WHEREAS, Vermont Life magazine this year celebrates its 40th anniversary as a publication;

NOW, THEREFORE, be it resolved that I, Governor Madeleine M. Kunin, by the authority vested in me, do hereby order as follows:

A Vermont Life Advisory Board is hereby created, to assist, support and advise the Secretary of Development and Community Affairs, the Editor-In-Chief of Vermont Life magazine, and staff of Vermont Life in the fulfillment of their duties.

Appointment and Terms of Members

The Advisory Board shall consist of nine members, appointed by the Secretary of the Agency of Development and Community Affairs. Terms of Board membership shall be for three years, or until vacancies are filled. Initial Board appointments shall be three for a term of one year, three for a term of two years, and three for a term of three years. Vacancies occurring among the appointed members shall be filled for the balance of the unexpired term.

Functions and Duties

The Board shall serve in an advisory capacity to the Secretary of Development and Community Affairs, and the Editor-In-Chief, on matters related to Vermont Life.

Board Meetings; Administrative Support

The Vermont Life Advisory Board shall meet at least four times per year, or at the call of the Secretary of Development and Community Affairs. Administrative support for Advisory Board activities shall be provided by Vermont Life, at the discretion of the Secretary in consultation with the Editor-In-Chief. The Secretary may also make provision for administrative support by other departments and divisions of the Agency of Development and Community Affairs, to the extent that resources permit. Expenses of the members of the Advisory Board, incident to the work of the Board, and the cost of any incidental expenses, shall be borne by Vermont Life magazine from available funds.

This Executive Order takes effect upon signing.

Dated September 16, 1986.

History

Editor's note. The secretary of development and community affairs and the agency of development and community affairs, referred to throughout this order, were redesignated as the secretary of commerce and community development and agency of commerce and community development, respectively, pursuant to 1995, No. 190 (Adj. Sess.), § 1(a), (b).

22-3. (No. 97-90) [Governor's Advisory Commission on Native American Affairs.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

22-4. (No. 02-99) [Fifty States Commemorative Coin Program Act.

Expired by its own terms, effective July 1, 1999.

22-5. (No. 16-03) [Lake Champlain Quadricentennial Commission.

Expired by its own terms, effective June 30, 2010.

22-6. (No. 07-10) [Vermont Civil War Sesquicentennial Commission.

WHEREAS, the American Civil War was a defining moment in our nation's history as the Union was preserved and slavery abolished; and

WHEREAS, the sesquicentennial of the War will be observed from 2011 to 2015; and

WHEREAS, Vermont, the first state to outlaw slavery, played an important role in the abolition movement, opposed and legislated against the Fugitive Slave Act, and provided numerous stops on the Underground Railroad; and

WHEREAS, the bravery of Vermonters on the battlefield is well documented, including the First Vermont Brigade which saw action in nearly every major eastern battle; the Second Vermont Brigade which broke the right flank of Pickett's Charge at Gettysburg; the Battle of Cedar Creek, memorialized in the State House painting, in which more Vermont units were involved than in any other battle; and the Vermont-led attack that broke Confederate lines at Petersburg; and

WHEREAS, the Confederate raid on St. Albans was the northernmost land action of the War, Vermont manufacturers provided large quantities of war material, including rifle-muskets, gun-making machinery, and wool for uniforms, and women worked tirelessly to provide the Vermont soldiers with necessary items at the front and in hospitals; and

WHEREAS, Vermont's Civil War story extends beyond the battlefields, to include places, sites and stories throughout the state that are vital to understanding the causes, consequences, and the human experience of the war, and its larger meaning in the context of freedom, civil rights, and national unity; and

WHEREAS, educational opportunities will be available for residents and visitors to explore and celebrate Vermont's rich Civil War resources, including many of the state's most significant historic sites, village centers, and landscapes associated with the Underground Railroad and resistance to slavery, citizen mobilization, and profound social, economic, and demographic impact on Vermonters, soldiers and civilians alike, to provide a deep insight into the war's causes, conduct, and long-term effects, and Vermonters will be given an opportunity to gather and share their community and individual discoveries of local Civil War history.

NOW, THEREFORE, I, James H. Douglas, by virtue of the authority vested in me as Governor, do hereby order as follows:

  1. The Vermont Civil War Sesquicentennial Commission is hereby established to plan, coordinate and promote events and programs that will be held in Vermont in commemoration of the 150th anniversary of the American Civil War.  The Commission may sanction events to be included as part of the official statewide commemoration of the Sesquicentennial Anniversary of the Civil War.
  2. The Vermont Civil War Sesquicentennial Commission shall be comprised of not more than 14 members to include: the Commissioner of the Vermont Department of Tourism and Marketing; the State Historic Preservation Officer; a representative of the Vermont Historical Society and a representative of the Vermont Humanities Council appointed by their respective governing Boards; and a representative from the University of Vermont appointed by the UVM President. Nine members shall be appointed by the Governor and shall include a Civil War historian, a member of a Civil War reenactment group, and a representative of a Vermont history museum.  The Governor shall appoint a Chair from the membership to serve at the pleasure of the Governor.  The Commission shall meet at the call of the Chair and at least quarterly.
  3. The Commission shall coordinate, review and promote programs and activities throughout the state relating to the American Civil War, in particular Vermont's involvement therein, to deepen the knowledge and understanding of this turning point in American history and how it has shaped and continues to shape who we are as a people, a state and a nation.
  4. The Commission may create a nonprofit entity for the purposes of soliciting and accepting private donations and public funds, grants and donations in order to carry out its purposes.  No funds may be disbursed unless recommended by a majority of the Commission and finally approved by the Chair.

    This Executive Order shall expire on December 31, 2015.

    Dated August 11, 2010.

CHAPTER 23. MOTOR VEHICLES

23-1. (No. 20-70) [Truck Permit Section.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

23-2. (No. 04-93) [State Vehicle Fleet Safety/Defensive Driving Program.

WHEREAS, the National Safety Council's Defensive Driving Course is an internationally accepted accident prevention training program for improved driving performance; and

WHEREAS, use of seat belts can greatly reduce the number of highway fatalities and injuries.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby order the following actions:

  1. All newly hired permanent state employees who operate vehicles on State business shall take the National Safety Council's Defensive Driving Course.
  2. All present State employees who operate vehicles on State business, who have not already taken the National Safety Council's Defensive Driving Course shall do so as it is made available to them.
  3. All department heads shall coordinate with the General Services Department's Loss Prevention Coordinator for availability of the National Safety Council's Defensive Driving Course.
  4. The Department of Public Safety will be responsible for establishing its own Fleet Safety/Defensive Driving Program.
  5. All operators and passengers in vehicles on State business shall use safety belts at all times.
  6. All agencies and departments with State-owned vehicles are directed to prominently place a Seat Belts Required sticker on the dash of the vehicle as a reminder. Stickers are available at no cost from the Department of Public Safety.
  7. All previous Executive Orders regarding fleet safety programs, defensive driving courses and seat belt use are hereby revoked.

    This Executive Order shall take effect upon signing.

    Dated February 24, 1993.

CHAPTER 24. MUNICIPAL AND COUNTY GOVERNMENT

[Reserved for future use.]

CHAPTER 25. NAVIGATION AND WATERS

[Reserved for future use.]

CHAPTER 26. PROFESSIONS AND OCCUPATIONS

[Reserved for future use.]

CHAPTER 27. PROPERTY

27-1. (No. 04-05) [Governor's Commission on Marketability of Title.

Expired by its own terms, eff. Dec. 31, 2006.

CHAPTER 27A. UNIFORM COMMON INTEREST OWNERSHIP ACT (1994)

[Reserved for future use.]

CHAPTER 28. PUBLIC INSTITUTIONS AND CORRECTIONS

[Reserved for future use.]

CHAPTER 29. PUBLIC PROPERTY AND SUPPLIES

29-1. (No. 38-79) [Transfer of Equipment and Property From Department of Public Safety to Vermont Criminal Justice Training Council.

WHEREAS, the Vermont Criminal Justice Training Council, pursuant to section 2 of No. 57 of the Public Acts of 1979, is no longer attached to the Department of Public Safety for administrative purposes, and

WHEREAS, the Department of Public Safety and the Vermont Criminal Justice Training Council, by its Executive-Director, have agreed on an inventory of equipment needed for training of criminal justice personnel at the Vermont Policy Academy at Pittsford, Vermont,

NOW THEREFORE, I, Richard A. Snelling, as Governor of the State of Vermont, do hereby transfer all equipment and property of the State of Vermont presently utilized by the Council for training and training related purposes from the Department of Public Safety to the Vermont Criminal Justice Training Council, effective July 1, 1979.

Dated August 30, 1979.

History

Reference in text. Section 2 of No. 57 of the Public Acts of 1979, referred to in the first paragraph of this order, amended § 2352 of Title 20.

29-2. (No. 57-80) [Transfer of Property in Milton From Transportation Board to Agency of Environmental Conservation, Department of Fish and Game.

WHEREAS, it appears that certain land and premises located in the Town of Milton, County of Chittenden, and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Agency of Transportation are no longer necessary for State Highway purposes; and

WHEREAS, the Agency of Environmental Conservation, Department of Fish and Game, desires the use of said land and premises for its purposes;

NOW THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the State Transportation Board to the jurisdiction and control of the Agency of Environmental Conservation, Department of Fish and Game, for its purposes the following described land and premises, to wit:

Parcel A:

Being part of the same land and premises conveyed to State of Vermont by Sand Bar Bridge Company by Warranty Deed dated January 29, 1907 and recorded in Volume 23, Pages 912 - 915, of the Town of Milton Land Records, and being more particularly described as follows:

All right, title and interest in and to a portion of the right-of-way of former U.S. Route #2 described as follows:

Beginning at a point 54 feet distant northeasterly at right angle from approximate survey station 324 + 00 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-South Hero F 028-1 (1);

thence 250 feet, more or less, easterly to a point 98 feet distant northeasterly radially from approximate survey station 321 + 66 of said CL;

thence 68 feet, more or less, southerly and crossing former U.S. Route #2 to a point 33 feet distant northeasterly radially from approximate survey station 321 + 47 of said CL;

thence 62 feet, more or less, northwesterly and crossing said former U.S. Route #2 to the point of beginning.

Said parcel to contain 0.195 acre, more or less, as shown on a plat of Highway Project Milton-Colchester F 028-1 (3), which is attached hereto and made a part hereof.

Parcel C:

Being part of the same land and premises acquired by the Town of Milton for highway purposes by Court Decree of Chittenden County Court (1886 term) which was recorded October 24, 1890 in Milton Road Book, Pages 30-32, of the Town of Milton Land Records. This portion of highway was taken into the State Highway System on April 1, 1931 as a result of Legislative Act 61 of 1931, and being more particularly described as follows:

Beginning at a point 218 feet distant northeasterly radially from approximate survey station 315 + 93 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-South Hero F 028-1 (1);

thence 370 feet, more or less, southerly to a point 82 feet distant easterly radially from approximate survey station 311 + 90 of said CL;

thence 367 feet, more or less, southerly and crossing former U.S. Route #2 to a point 33 feet distant easterly radially from approximate survey station 101 + 60 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 384 feet, more or less, northerly and parallel to said CL and recrossing said former U.S. Route #2 to a point 33 feet distant easterly radially from approximate station 312 + 16 of the aforesaid CL of said Highway Project;

thence 455 feet, more or less, northerly to a point 174 feet distant northeasterly radially from approximate station 316 + 17 of said CL;

thence 51 feet, more or less, easterly and recrossing former U.S. Route #2 to the point of beginning.

Said parcel to contain 0.722 acre, more or less, as shown on said attached plat.

Parcel D:

Being part of the same land and premises conveyed to State of Vermont by Sanford H. Thompson and Sadie M. Thompson by Warranty Deed dated April 22, 1930 and recorded in Volume 28, Pages 21 and 22, of the Town of Milton Land Records, and being more particularly described as follows:

Beginning at a point 218 feet distant northeasterly radially from approximate survey station 315 + 93 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-South Hero F 028-1 (1);

thence 537 feet, more or less, southeasterly, southerly and southwesterly to a point 143 feet distant easterly radially from approximate survey station 313 + 58 of said CL;

thence 15 feet, more or less, northwesterly to a point 130 feet distant easterly radially from approximate survey station 313 + 65 of said CL;

thence 300 feet, more or less, southwesterly to a point 42 feet distant easterly radially from approximate survey station 101 + 60 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 312 feet, more or less, northerly and crossing former U.S. Route #2 to a point 82 feet distant easterly radially from approximate survey station 311 + 90 of the aforesaid CL of said Highway Project;

thence 375 feet, more or less, northeasterly, northerly and northwesterly to a point 174 feet distant northeasterly radially from approximate survey station 315 + 10 of said CL;

thence 103 feet, more or less, northerly and crossing former U.S. Route #2 to the point of beginning.

Said parcel to contain 0.890 acre, more or less, as shown on said attached plat.

Parcel E:

All right, title and interest in and to a portion of the right-of-way of former U.S. Route #2 which was taken into the State Highway System on April 1, 1931 (as a result of Legislative Act 61 of 1931,) and being more particularly described as follows:

Beginning at a point in the westerly right-of-way boundary of former U.S. Route #2, 66 feet distant westerly at right angle from approximate survey station 125 + 64 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 175 feet, more or less, southerly and parallel to said CL and crossing former U.S. Route #2 to a point in the easterly right-of-way boundary of former U.S. Route #2, 66 feet distant easterly at right angle from approximate survey station 127 + 35 of said CL;

thence 1591 feet, more or less, southerly along said easterly right-of-way boundary of former U.S. Route #2 to a point 25 feet distant easterly at right angle from approximate survey station 103 + 70 of the former U.S. Route #2 centerline (centerline hereinafter referred to as CL) of said Highway Project;

thence 50 feet, more or less, westerly and crossing said former U.S. Route #2 to a point in the westerly right-of-way boundary of former U.S. Route #2, 25 feet distant westerly at right angle from approximate survey station 103 + 70 of said former U.S. Route #2 CL;

thence 1827 feet, more or less, northerly along said westerly right-of-way boundary of former U.S. Route #2 to the point of beginning.

Said parcel to contain 1.931 acres, more or less, as shown on said attached plat.

Parcel F:

All right, title and interest in and to a portion of the right-of-way of former U.S. Route #2 which was taken into the State Highway System on April 1, 1931 as a result of Legislative Act 61 of 1931, and being more particularly described as follows:

Beginning at a point in the northeasterly right-of-way boundary of former U.S. Route #2, 25 feet distant northeasterly at right angle from approximate survey station 83 + 75 of the former U.S. Route #2 centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 637 feet, more or less, southeasterly along said northeasterly right-of-way boundary of former U.S. Route #2 to a point in the westerly right-of-way boundary of Relocated U.S. Route #2, 124 feet distant westerly at right angle from approximate survey station 163 + 80 of the established centerline (centerline hereinafter referred to as CL) of said Highway Project;

thence 65 feet, more or less, southerly and crossing former U.S. Route #2 to a point in the southwesterly right-of-way boundary of former U.S. Route #2, 120 feet distant westerly at right angle from approximate survey station 164 + 44 of said CL;

thence 679 feet, more or less, northwesterly along said southwesterly right-of-way boundary of former U.S. Route #2 to a point 25 feet distant southwesterly at right angle from approximate survey station 83 + 75 of the aforesaid former U.S. Route #2 CL;

thence 50 feet, more or less, northeasterly and crossing former U.S. Route #2 to the point of beginning.

Said parcel contains 0.75 acre, more or less, as shown on said attached plat.

Parcel G:

Being part of the land and premises conveyed to State of Vermont by the following instruments:

  1. Warranty Deed from Howard H. Mayville and Ann B. Mayville dated October 26, 1972, and recorded in Book 48, Pages 372 and 373;
  2. Warranty Deed from Beatrice L. Bryant and Phillip P. Bryant, Jr. and Beatrice L. Bryant and Phillip P. Bryant, Sr. as Guardians of Crystal A. Bryant, Wendy J. Bryant, Paula E. Bryant and Phyllis P. Bryant, dated January 22, 1974, and recorded in Book 51, Pages 383-385;
  3. Warranty Deed from Adelore Peter Gravelle and Ida May Gravelle dated April 13, 1979, and recorded in Book 67, Pages 152-155; all of the Town of Milton Land Records and being more particularly described as follows:

    Beginning at a point in the westerly right-of-way boundary of Relocated U.S. Route #2, 120 feet distant westerly at right angle from approximate survey station 164 + 44 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

    thence 120 feet, more or less, southeasterly to a point 80 feet distant westerly at right angle from approximate survey station 165 + 60 of said CL;

    thence 104 feet, more or less, southeasterly to a point 25 feet distant westerly at right angle from approximate survey station 166 + 44 of said CL;

    thence 58 feet, more or less, southeasterly and crossing the Relocated U.S. Route #2 CL to a point 25 feet distant easterly at right angle from approximate survey station 166 + 74 of said CL;

    thence 90 feet, more or less, easterly to a point in the westerly right-of-way boundary of former U.S. Route #2, 115 feet distant easterly at right angle from approximate survey station 166 + 80 of said CL;

    thence 148 feet, more or less, southerly along said westerly right-of-way boundary of former U.S. Route #2 to a point on the northerly bank of the Lamoille River, 123 feet distant easterly at right angle from approximate survey station 168 + 26 of said CL;

    thence 1,118 feet, more or less, northwesterly along the northerly bank of the Lamoille River to a point 60 feet distant southeasterly at right angle from approximate survey station 83 + 75 of the former U.S. Route #2 centerline (centerline hereinafter referred to as CL) of said Highway Project;

    thence 35 feet, more or less, northeasterly to a point in the southwesterly right-of-way boundary of former U.S. Route #2, 25 feet distant southwesterly at right angle from approximate survey station 83 + 75 of said former U.S. Route #2 CL;

    thence 679 feet, more or less, northeasterly along said southwesterly right-of-way boundary of former U.S. Route #2 to the point of beginning.

    Said parcel contains 1.382 acres, more or less, as shown on said attached plat.

    There is excepted and reserved from this conveyance an easement to cross said Parcel G for highway purposes, by bridging, together with an easement to construct, reconstruct, replace, repair, and maintain said bridge.

    In the event facilities are constructed, maintained, or otherwise operated on the parcel of land herein conveyed for the accommodation of the traveling public or business users of any Federal-aid highway or any other member of the public in general (such as eating, sleeping, rest and recreation), the Agency of Environmental Conservation, Department of Fish and Game, agrees that it will not discriminate on the ground of race, color or national origin against such traveling public or highway users or others in their access to and use of the facilities and services so constructed, maintained or otherwise operated, and that it shall construct, maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21 (49 C.F.R., Part 21) and as said Regulations may be amended.

    Dated December 5, 1980.

History

Editor's note. The agency of environmental conservation, referred to in the second, third and last paragraphs of this order, was renamed the agency of natural resources by 1987, No. 76 , § 18.

The department of fish and game, referred to in the second, third and last paragraphs of this order, was renamed the department of fish and wildlife by 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.

29-3. (No. 58-81) [Transfer of Property in Highgate From Agency of Environmental Conservation to Agency of Transportation.

WHEREAS, it appears that certain land hereinafter described and located in the town of Highgate, County of Franklin and State of Vermont and presently under the jurisdiction and control of the Agency of Environmental Conservation, and is necessary for Agency of Transportation purposes; and

WHEREAS, the Agency of Transportation desires the transfer of said hereinafter described land for the purpose of providing access for A. N. Deringer, Incorporated in common with others;

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Environmental Conservation, to the jurisdiction and control of the Agency of Transportation for the aforesaid purpose the following described land, to wit:

Being a portion of the same land and premises that was transferred from the Department of Highways to the Department of Forest and Parks by Executive Order #8-73, dated May 9, 1973 and recorded June 7, 1973 in Book 59, Page 15 in the office of the Clerk of the Town of Highgate.

Reference is hereby made to the above mentioned conveyance and records thereof and to the following instrument of conveyance in aid of a more complete description and further chain of title.

Quit-Claim Deed dated March 30, 1968 and recorded in Book 53, Page 190 of the aforesaid Town of Highgate Land Records, and being more particularly described as follows:

Beginning at a point 312 feet distant northwesterly at right angle from approximate station 952 + 05 of the established Baseline (Baseline hereinafter referred to as BL) of Highway Project Highgate I 89-3 (6);

thence 85 feet, more or less, northwesterly to a point 300 feet distant northwesterly at right angle from approximate station 952 + 85 of said BL;

thence 264 feet, more or less, northerly to a point 410 feet distant northwesterly at right angle from approximate station 955 + 25 of said BL;

thence 50 feet, more or less, easterly to a point 365 feet distant northwesterly at right angle from approximate station 955 + 45 of said BL;

thence 284 feet, more or less, southerly to a point 250 feet distant northwesterly at right angle from approximate station 952 + 85 of said BL;

thence 40 feet, more or less, southwesterly to a point 255 feet distant northwesterly at right angle from approximate station 952 + 45 of said BL;

thence 80 feet, more or less, westerly to the point of beginning.

Said parcel of land is shown on a plat entitled "State of Vermont, Agency of Transportation, Town of Highgate", and dated January 19, 1981, which plat is attached hereto and made a part hereof.

Dated March 4, 1981.

History

Editor's note. The agency of environmental conservation, referred to in the first and third paragraphs of this order, was renamed the agency of natural resources by 1987, No. 76 , § 18.

The reference to the department of highways in the fourth paragraph of this order is obsolete. 1977, No. 263 (Adj. Sess.), § 10, eff. April 19, 1978, from which former § 3116 of Title 3 was derived, provided that the agency of transportation was to be the successor to and continuation of the department of highways. For present provision relating to the agency of transportation, see § 2 of Title 19.

29-4. (No. 63-81) [Transfer of a Portion of Chimney Point State Park Land and Premises From Department of Forests, Parks and Recreation to Agency of Development and Community Affairs, Division for Historic Preservation.

WHEREAS, it appears that certain lands and premises located in the Town of Addison, County of Addison, and State of Vermont owned by the State of Vermont, hereinafter described and presently under the jurisdiction and control of the Department of Forests, Parks and Recreation have become and are no longer necessary for purposes of the Department of Forests, Parks and Recreation; and

WHEREAS, the Agency of Development and Community Affairs, Division for Historic Preservation desires the use of said land and premises for its purposes,

NOW THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Department of Forests, Parks and Recreation to the jurisdiction and control of the Agency of Development and Community Affairs, Division of Historic Preservation for its purposes, a portion of the Chimney Point State Park land and premises described as follows, to wit:

Beginning at the south corner of the land deeded by Millard F. Barnes and Mary H. A. Barnes to the Lake Champlain Bridge Commission and Interstate Commission by Warranty Deed dated September 5, 1928 and recorded in Volume 25 Page 120 of the Addison Land Records.

Said point being the low water mark of Lake Champlain and easterly at right angles 45 feet from the centerline of the Lake Champlain Bridge crossing from Chimney Point in Addison, Vermont to Crown Point, New York;

thence on a true bearing of N 29 ø 23' E 980 feet to a concrete monument 45 feet at right angles from the centerline of the Lake Champlain bridge extended;

thence on a true bearing of N 12 ø 02' W about 29 feet to the centerline of the highway which is Vermont Route #17;

thence easterly along the centerline of Vermont Route #17 309.5 feet to a point which bears N 40 ø E (magnetic 1981) 51.7 feet from a one inch iron pipe standing in an old wire fence;

thence S 40 ø W (magnetic 1981) 51.7 feet to said iron pipe;

thence continuing S 40 ø W across the meadow 519.04 feet to one inch iron pipe standing between the beach and the meadow;

thence continuing S 40 ø W across the beach at least 126 feet to the low water mark of Lake Champlain;

thence westerly along the low water mark of Lake Champlain to the place of beginning containing 4.6 acres more or less.

Included in this conveyance is the old tavern building, barn, small house, sheds and all other improvements.

Included herein is the right to use the land deeded to the Lake Champlain Bridge Commission and Interstate Commission by Millard F. and Mary H. A. Barnes, September 5, 1928. The conditions governing the use of this land are described in said deed as follows:

"The said Barnes and his successors and assigns (State of Vermont) shall have the right to use said land for his or their convenience and to prevent trespass thereon by others but such use and right shall not conflict with use or occupancy by said Bridge Commission, its successors or assigns nor be contrary to any rule or regulation made or to be made by said Commission, its successors or assigns, adopted for the proper management, control or protection of said bridge."

The Department of Forests, Parks and Recreation shall have the right of access to its remaining lands through the herein transferred property along and from the proposed roadway to be constructed by the Division of Historic Preservation from Vermont Route #17. The width shall be 50 feet and the location acceptable to both parties.

Dated December 2, 1981.

History

Editor's note. The agency of development and community affairs, referred to in the second and third paragraphs of this order, was renamed the agency of commerce and community development by 1995, No. 190 (Adj. Sess.), § 1(a).

29-5. (No. 63A-82) [Transfer of Land in South Hero From Department of Forests, Parks and Recreation to Department of Fish and Game.

WHEREAS, it appears that certain land and premises in the Town of South Hero, County of Grand Isle, State of Vermont, owned by the State of Vermont, hereinafter described and presently under the jurisdiction and control of the Department of Forests, Parks and Recreation has become and is no longer necessary for state forest and park purposes; and

WHEREAS, the hereinafter described parcels are more suitable for public fishing access to Lake Champlain;

NOW THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Department of Forests, Parks and Recreation to the jurisdiction and control of the Department of Fish and Game for its purposes the following described land and premises to wit:

Parcel One:

All of the former Rutland Railway Corporation land in South Hero conveyed to the State of Vermont on March 3, 1965 which lies between railroad centerline stations 6946 + 44 and 6991 + 60.

Parcel Two:

All of the former Rutland Railroad Corporation in South Hero conveyed to the State of Vermont on March 3, 1965 which lies between railroad centerline stations 7004 + 82 and 7012 + 08.

Parcel Three:

All of the public right-of-way interests reserved unto the State of Vermont in its conveyance of former Rutland Railway Corporation land to John K. Lambert on July 24, 1978 as recorded in Volume 36, Pages 469 and 470 of the South Hero land records. Said right-of-way lies between railroad centerline stations 6991 + 60 and 7004 + 82.

Meaning hereby to transfer all right, title and interest in the former Rutland Railway Corporation land lying between centerline survey station 6946 + 44, which is the north abutment of the former draw bridge on the causeway between Colchester and South Hero, and centerline station 7012 + 08 which is the centerline of town highway 18 in said South Hero. Containing 6.7 acres.

The herein transferred property is shown on Rutland Railroad Co. Track Maps #V2-132 and #V2-133.

There is reserved from this transfer any rights that adjoining land owners may have to farm crossings or water lines, et cetera.

Dated March 4, 1982.

History

Editor's note. The department of fish and game, referred to in the third paragraph of this order, was renamed the department of fish and wildlife by 1983, No. 158 (Adj. Sess.).

29-6. (No. 64-82) [Transfer of Land in Barton From Agency of Environmental Conservation to Agency of Transportation.

WHEREAS, it appears that certain land and premises located in the Town of Barton, County of Orleans and State of Vermont owned by the State of Vermont hereinafter described and presently under the jurisdiction and control of the Department of Forests, Parks and Recreation and Agency of Environmental Conservation has become and is now no longer necessary for the Agency purposes; and

WHEREAS, the Agency of Transportation has expressed a need for the land for State Highway purposes;

NOW THEREFORE, pursuant to the authority vested in me as Governor of Vermont, I, Richard A. Snelling, do by this, my order, hereby transfer and set over from the Agency of Environmental Conservation to the jurisdiction and control of the Agency of Transportation for its purposes the following land and premises, to wit:

Being parts of the same land and premises conveyed to State of Vermont by Raymond A. McCoy by Warranty Deed dated November 25, 1953, recorded in Book 48, Page 361 of the Barton Land Records and more particularly described as follows:

Those parcels identified in Executive Order #8-69 dated June 20th, 1969 as S.P. #27A : Beginning at a point in the northeasterly boundary of the present highway, U.S. Route #5, 165 feet distant northeasterly at right angle from approximate survey station 36 + 50 of the established centerline of Highway Project Barton FI 33 (2);

thence 360 feet, more or less, northwesterly in said northeasterly highway boundary to a point 215 feet distant northeasterly at right angle from approximate survey station 40 + 20 of said established centerline;

thence, 350 feet, more or less, westerly to a point in the believed property line between land of State of Vermont and land now or formerly owned by one Lord, 120 feet distant northeasterly radially from approximate survey station 43 + 68 of said established centerline;

thence 60 feet, more or less, northeasterly in said believed property line to a point 180 feet distant northeasterly radially from approximate survey station 43 + 68 of said established centerline;

thence 157 feet, more or less, northwesterly in said believed property line to a point 180 feet distant northeasterly radially from approximate survey station 45 + 25 of said established centerline;

thence 130 feet, more or less, southwesterly in said believed property line to a point in the northeasterly boundary of the present highway, U.S. Route #5, aforesaid, 49.5 feet distant northeasterly radially from approximate survey station 45 + 25 of said established centerline;

thence 410 feet, more or less, northwesterly in said highway boundary to a point in the believed property line between land of State of Vermont and land now or formerly of Jane Duke Estate, 49.5 feet distant northeasterly at right angle from approximate survey station 49 + 35 of said established centerline;

thence 150 feet, more or less, northeasterly in said believed property line to a point 200 feet distant northeasterly at right angle from approximate station 49 + 35 of said established centerline;

thence 50 feet, more or less, southeasterly in said believed property line to a point 200 feet distant northeasterly at right angle from approximate survey station 48 + 80 of said established centerline;

thence 130 feet, more or less, northeasterly in said believed property line to a point 330 feet distant northeasterly at right angle from approximate survey station 48 + 80 of said established centerline;

thence 340 feet, more or less, northeasterly to a point 670 feet distant northeasterly at right angle from approximate survey station 48 + 80 of said established centerline;

thence 1200 feet, more or less, southeasterly to a point 605 feet distant northeasterly at right angle from approximate survey station 36 + 20 of said established centerline;

thence 440 feet, more or less, southwesterly to the point of beginning. Said parcel to contain 11.8 acres, more or less.

AND S.P. #27B:

Beginning at a point 200 feet distant northeasterly at right angle from approximate survey station 58 + 40 of the established centerline of Highway Project Barton FI 33 (2):

thence 550 feet, more or less, northwesterly to a point in the easterly boundary of the present highway, U.S. Route #5, 64 feet distant northeasterly radially from approximate survey station 63 + 82 of said established centerline;

thence 400 feet, more or less, northwesterly in said highway boundary to a point 140 feet distant northeasterly at right angle from approximate survey station 68 + 85 of the said established centerline;

thence 425 feet, more or less, northwesterly in said highway boundary to a point 66 feet distant northeasterly at right angle from approximate survey station 73 + 00 of said established centerline;

thence 400 feet, more or less, northerly in said highway boundary to a point 66 feet distant northeasterly at right angle from approximate survey station 77 + 00 of said established centerline;

thence 480 feet, more or less, northeasterly to a point 510 feet distant northeasterly at right angle from approximate survey station 78 + 70 of said established centerline;

thence 1550 feet, more or less, southeasterly to a point 1200 feet distant northeasterly at right angle from approximate survey station 59 + 50 of said established centerline;

thence 1000 feet, more or less, southwesterly to the point of beginning. Said parcel to contain 43.0 acres, more or less.

Dated March 23, 1982.

History

Editor's note. The agency of environmental conservation, referred to in the first paragraph of this order, was renamed the agency of natural resources by 1987, No. 76 , § 18.

29-7. (No. 68-82) [Transfer of Land From Agency of Administration, Division of State Buildings, to Agency of Transportation.

WHEREAS, it appears that for State Highway purposes in connection with Highway Project Burlington M 5000 (1), it is necessary to acquire a certain piece of land located in the City of South Burlington, County of Chittenden and State of Vermont, and presently under the jurisdiction and control of the Agency of Administration, Division of State Buildings;

WHEREAS, the State Transportation Board is charged with and has the responsibility for planning, constructing, and maintaining all such highway;

NOW THEREFORE, I, Richard A. Snelling, by virtue of the power vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Administration, Division of State Buildings, to the jurisdiction and control of the Agency of Transportation for highway purposes the following described land, to wit:

Being part of the same land and premises conveyed to the State of Vermont by General Properties, Inc. by Warranty Deed dated December 27, 1972 and recorded in Book 108, Pages 370-372 of the City of South Burlington Land Records and being more particularly described as follows:

Being Parcel #18 consisting of 0.07 acre, more or less, land and rights therein, as shown on pages 41 and 42 of the plans of Highway Project Burlington M 5000 (1) as filed on the 9th day of August, 1982, in the office of the Clerk of the City of South Burlington and on any revisions thereto subsequently filed therein.

In connection with the above parcel the following easements and/or rights conveyed:

A temporary easement during the period of construction to enter upon land of the Agency of Administration, Division of State Buildings, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brushes, and debris, in an additional area which contains 0.03 acre, more or less, and is located right of and between approximate survey stations 16 + 04 and 18 + 00 of the Ramp "A" centerline of said Highway Project.

In consideration for the above transfer, the Agency of Transportation is hereby ordered and directed to pay to the Agency of Administration, Division of State Buildings, the sum of One and No/100 Dollars ($1.00).

Dated December 22, 1982.

29-8. (No. 70-83) [Transfer of Land From Agency of Development and Community Affairs, Historic Preservation Division, to Agency of Transportation.

WHEREAS, it appears that for State Highway purposes in connection with Highway Project New Haven HHS 019-3 (16), it is necessary to acquire a certain piece of land located in the Town of New Haven, County of Addison, and State of Vermont and presently under the jurisdiction and control of the Agency of Development and Community Affairs, Historic Preservation Division;

WHEREAS, the State Transportation Board is charged with and has the responsibility for planning, constructing, and maintaining all such highway;

NOW THEREFORE, I, Richard A. Snelling, by virtue of the power vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Development and Community Affairs, Historic Preservation Division, to the jurisdiction and control of the Agency of Transportation for highway purposes the following described land, to wit:

Being part of the same land and premises conveyed to Historic Sites Division, Agency of Development and Community Affairs by Vermont Public Service Board by Executive Order #22, dated November 26, 1975, and recorded in Book 35, Pages 260-264, of the Town of New Haven Land Records and being more particularly described as follows:

Being Parcel #5 consisting of 0.15 acre, more or less, land as shown on page 10 of the plans of Highway Project New Haven HHS 019-3 (16) as filed on the 2nd day of December, 1982, in the office of the Clerk of New Haven.

In connection with the above parcel the following easements and/or rights are conveyed:

A temporary easement during the period of construction to enter upon land of the Grantor herein to construct a drive right of and between approximate survey stations 228 + 10 and 289 + 35, of the established centerline of said Highway Project.

In consideration for the above transfer, the Agency of Transportation is hereby ordered and directed to pay to the Agency of Development and Community Affairs, Historic Preservation Division, the sum of One dollar and No/100 ($1.00).

Dated March 22, 1983.

History

Editor's note. The agency of development and community affairs, referred to throughout this order, was renamed the agency of commerce and community development by 1995, No. 190 (Adj. Sess.), § 1(a).

29-9. (No. 72-83) [Transfer of Land and Premises in Town of Alburgh From Agency of Transportation to Agency of Environmental Conservation, Department of Forests and Parks.

WHEREAS, it appears that certain land and premises located in the Town of Alburgh, County of Grand Isle, State of Vermont, owned by the State of Vermont and presently under the jurisdiction and control of the Agency of Transportation has become and is no longer necessary for State Agency of Transportation purposes.

NOW THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Transportation to the jurisdiction and control of the Agency of Environmental Conservation, Department of Forests and Parks for its purposes the following described land and premises, to wit:

All and the same land and premises conveyed to the Agency of Transportation (then known as the Highway Department), by Executive Order from the Department of Forests and Parks dated January 19, 1967 and as shown on the accompanying plat entitled State of Vermont, Agency of Transportation to Agency of Environmental Conservation, Department of Forests and Parks.

Excepting and reserving therefrom all existing highway rights-of-way that may be of record.

These lands and premises are subject to the following leases, as shown on the plat, between the State of Vermont, acting through the Agency of Transportation, and:

  1. Alburgh Volunteer Fire Department, date of expiration December 14, 1984;
  2. P. J. Medor, Inc., date of expiration April 15, 1985;
  3. Village of Alburgh, date of expiration July 14, 1985;
  4. Alburgh Volunteer Fire Department, date of expiration September 29, 1985;
  5. Town of Alburgh, date of expiration December 31, 1985;
  6. Town of Alburgh, date of expiration January 29, 1986;
  7. Town of Alburgh, date of expiration July 14, 1991.

    These lands and premises are also subject to any utility rights-of-way and easements of record.

    Dated June 1, 1983.

History

Editor's note. The agency of environmental conservation, referred to in the second and third paragraphs of this order, was renamed the agency of natural resources by 1987, No. 76 , § 18.

Amendments--2007 (Adj. Sess.). Substituted "Alburgh" for "Alburg" throughout the section.

General amendment relating to Village of Alburgh. 2007, No. 84 (Adj. Sess.), § 1 provides: "The legislative council, pursuant to section 424 of Title 2, is directed to change the spelling of the name of the town and village of Alburg to Alburgh wherever it appears in the Vermont Statutes Annotated, including chapter 203 of Title 24 Appendix, the village of Alburg charter, in accordance with the change of name order that the state board of libraries issued on April 18, 2006."

29-10. (No. 73-83) [Transfer of Land in Town of Marshfield From Agency of Environmental Conservation, Fish and Game Department, to Agency of Transportation.

WHEREAS, it appears that for State Highway purposes in connection with Highway Project Marshfield BRZ 1446 (10), it is necessary to acquire a certain piece of land located in the Town of Marshfield, County of Washington, and State of Vermont and presently under the jurisdiction and control of the Agency of Environmental Conservation, Fish and Game Department;

WHEREAS, the State Transportation Board is charged with and has the responsibility for planning, constructing, and maintaining all such highways;

NOW THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Environmental Conservation, Fish and Game Department, to the jurisdiction and control of the Agency of Transportation for highway purposes the following described land, to wit:

Being part of the same land and premises conveyed to the Agency of Environmental Conservation, Fish and Game Department by Norman C. Dix and Sally M. Dix by Warranty Deed dated June 21, 1976 and recorded in Book 31, Page 307 of the Town of Marshfield Land Records, and being more particularly described as follows:

Being Parcel #2 consisting of 0.24 acre, more or less, land and rights therein, as shown on page 4 of the plans of Highway Project Marshfield BRZ 1446 (10) as filed on the 8th day of March, 1983, in the office of the Clerk of the Town of Marshfield.

In connection with the above parcel the following easements and/or rights are conveyed:

A temporary easement during the period of construction to enter upon land of the Grantor herein, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, in an area which contains 0.11 acre, more or less, and is located left of and between approximate survey stations 20 + 82 of the established centerline and 23 + 23 of the revised centerline of said Highway Project.

An easement in an area of 0.01 acre, more or less, to change and maintain, if necessary, the channel of a certain stream of water known locally as Winooski River now running on lands of the Agency of Environmental Conservation, Fish and Game Department, left of and between approximate survey stations 21 + 13 and 21 + 35 of the established centerline of said Highway Project.

An easement to construct and maintain a drainage ditch located between approximate survey stations 21 + 19 and 21 + 39 of the established centerline of said Highway Project and thereby the right to discharge water through said drainage ditch onto the lands of the Agency of Environmental Conservation, Fish and Game Department.

A temporary easement during the period of construction to enter upon land of the Grantor herein to construct a drive between a point left of approximate survey station 21 + 32 of the established centerline and a point left of approximate survey station 23 + 05 of the revised centerline of said Highway Project.

An easement to extend highway slopes and embankments in a total area of 0.02 acre, more or less, as shown on page 4 of the plans of said Highway Project.

The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The State of Vermont shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

Dated June 10, 1983.

History

Editor's note. The agency of environmental conservation, referred to throughout this order, was renamed the agency of natural resources by 1987, No. 76 , § 18.

The fish and game department, referred to throughout this order, was renamed the fish and wildlife department by 1983, No. 158 (Adj. Sess.).

29-11. (No. 84-84) [Transfer of Land and Premises in Town of Bethel From Agency of Transportation to Agency of Environmental Conservation, Department of Fish and Wildlife.

WHEREAS, it appears that certain land and premises located in the Town of Bethel, County of Windsor and State of Vermont, owned by the State of Vermont, hereinafter described and presently under the jurisdiction of the Agency of Transportation have become and are no longer necessary for state highway purposes; and

WHEREAS, the Vermont Department of Fish and Wildlife desires the use of said land and premises for its purposes;

NOW THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Transportation to the jurisdiction and control of the Agency of Environmental Conservation, Department of Fish and Wildlife for its purposes the following described land and premises, to wit:

All and the same land and premises conveyed to the State of Vermont by Fred L. Whitney by Warranty Deed dated January 3, 1952 and recorded in Volume 40, page 130 of the Bethel Land Records; and further described in said deed as follows:

"Beginning on the southerly edge of the water in the White River as it now stands at its present height; thence S36 ø W 15 rods and 8 links to an iron pin at the lower side of an old farm road; thence N76 ø W 15 rods and 5 links to an iron pin with a pile of stone around it at the edge of the bank; thence N31 ø 30'W 25 rods and 20 links to an iron pin at the base of a 16" beech tree; thence by the nearest line to the water of the White River being about 3 rods; thence easterly down said river to the place of beginning."

Dated September 28, 1984.

History

Editor's note. The agency of environmental conservation, referred to in the third paragraph of this order, was renamed the agency of natural resources by 1987, No. 76 , § 18.

29-12. (No. 23-86) [Transfer of Land and Premises in City of Rutland From Agency of Administration to Military Department.

WHEREAS, it appears that certain land and premises located in the City of Rutland, County of Rutland and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Agency of Administration, Department of State Buildings, has become and is no longer necessary for purposes of the Agency of Administration; and

WHEREAS, the Military Department, State of Vermont, desires the use of said land and premises for its purposes;

NOW THEREFORE, I, Madeleine M. Kunin, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Administration to the jurisdiction and control of the Military Department for its purposes the following described land and premises, to wit:

Being part of the same land and premises acquired by the State of Vermont from Evelyn Pierpoint, et al. by Warranty Deed dated June 29, 1897, and recorded in Book 36, Pages 657-658 of the City of Rutland Land Records and being more particularly described as follows:

Beginning at a point marked with a stone bound on the easterly sideline of Pierpoint Avenue approximately 685 feet northerly of the center line of State Street, which now marks the division line between the lands of the State of Vermont and the Vermont National Guard, thence running northerly along a bearing of N 1 ø 13'09" E a distance of 295.0 feet to an Iron Pin Set Flush (IPSF), thence running in a northerly direction along an arc of a circle with a radius of 692.05' curving to the right an arc distance of 221.14 l.f. along the easterly boundary of Pierpoint Avenue, the chord of said arc running N 10 ø 22'21" E for a distance of 220.19 feet, thence running N 19 ø 31'38" E for a distance of 29.59 feet, thence continuing in a northerly direction along an arc of a circle with a radius of 1170.75 feet curving to the left an arc distance of 130.50 feet along the easterly boundary of Pierpoint Avenue, the chord of such arc running N 16 ø 19'59" E for a distance of 130.43 feet to an Iron Pin Set Flush (IPSF), thence turning a sharp angle to the right and running S 35 ø 25'24" E for a distance of 561.03 feet to a point in the East Creek, (this line is the division line of property deeded to the City of Rutland by the State, June 9, 1956 and recorded, BK 103, PG. 117 and land herein described), thence turning a sharp angle to the right and running S 32 ø 58'31" W for a distance of 8.41 feet to a point in the East Creek, thence turning a slight angle to the left and running S 20 ø 20'40" W for a distance of 194.37 feet to a point thence turning a slight angle to the left and running S 13 ø 52'20" W for a distance of 25.00 feet more or less to a point in East Creek, thence turning a sharp angle to the right and running N 87 ø 37'40" W for a distance of 340.0 feet more or less to the point of beginning.

The parcel herein described contains approximately 4.15 acres, more or less.

Dated May 31, 1986.

History

Editor's note. The department of state buildings, referred to in the first paragraph of this order, was renamed the department of buildings and general services by 1995, No. 148 (Adj. Sess.), § 4(c)(1).

29-13. (No. 26-86) [Transfer of Land in Town of Wolcott From Agency of Transportation to Agency of Environmental Conservation, Department of Fish and Wildlife.

WHEREAS, it appears that certain lands hereinafter described and located in the Town of Wolcott, County of Lamoille and State of Vermont and presently under the jurisdiction and control of the Agency of Transportation and is no longer necessary for Agency of Transportation purposes; and

WHEREAS, the Agency of Environmental Conservation, Department of Fish and Wildlife desires the transfer of said hereinafter described land for the purpose of enhancing already existing recreational facilities;

NOW THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Transportation to the jurisdiction and control of the Agency of Environmental Conservation, Department of Fish and Wildlife for the aforesaid purpose the following described land, to wit;

Being part of the same land and premises conveyed to the State of Vermont by Richard C. Sargent and Robert F. McKenzie, Co-Trustees of the Estate of Denning Miller by Trustee's Deed dated June 18, 1984 and recorded in Book 44, Pages 102-104 of the Town of Wolcott Land Records and being all of the same land and premises conveyed to the State of Vermont by Roger E. Miller and Alma M. Miller by Warranty Deed dated April 17, 1984 and recorded in Book 44, Pages 90 and 91 of the aforesaid Town of Wolcott Land Records and being more particularly described as follows:

Being a certain parcel of land consisting of 2.48 acres, more or less, as shown on a plat entitled "State of Vermont, Agency of Transportation, Town of Wolcott, Project Wolcott FG-F-BRF 030-2 (4)", dated February 13, 1986 and which plat is attached hereto and made a part hereof.

The Agency of Transportation, however, excepts and reserves to the Town of Wolcott from this transfer, an easement to construct and maintain a drainage ditch located at or near and left of approximate survey station 271 + 28 of the revised centerline of Highway Project Wolcott FG-F-BRF 030-2 (4) and thereby the right to discharge water through said drainage ditch on to the hereinbefore described parcel of land.

Dated July 14, 1986.

History

Editor's note. The agency of environmental conservation, referred to in the second and third paragraphs of this order, was renamed the agency of natural resources by 1987, No. 76 , § 18.

29-14. (No. 28-86) [Accessibility to Handicapped Persons of Buildings Used for Public Meetings Relating to State Government Business.

Superseded and replaced by Executive Order No. 3-64 (codified as Executive Order No. 05-14), dated October 21, 2014.

29-15. (No. 41-87) [Transfer of Lands in City of Burlington From Agency of Transportation to Agency of Environmental Conservation, Fish and Wildlife Department.

WHEREAS, it appears that certain lands hereinafter described and located in the City of Burlington, County of Chittenden and State of Vermont and presently under the jurisdiction and control of the Agency of Transportation; and

WHEREAS, the Agency of Environmental Conservation, Fish and Wildlife Department, desires jurisdiction over certain lands of the Agency of Transportation, for the sole purpose of wildlife management and for perpetual conservation to replace wetland habitat permanently lost in the construction of the highways known as the Northern Connector and Southern Connector; and

WHEREAS, the lands as described below in Exhibit "A" and Exhibit "B" compensate fully and exclusively for the natural values lost in the construction of the Northern and Southern Connectors and shall be managed and enhanced for wildlife habitat;

NOW THEREFORE, I, Madeleine M. Kunin, by the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Environmental Conservation, Fish and Wildlife Department, jurisdiction over certain lands of the Agency of Transportation for the sole purpose of habitat development, wildlife management and the perpetual conservation of natural resources as hereinafter described as Exhibit "A" and Exhibit "B".

Exhibit "A":

Being a perpetual easement for maintaining and controlling a wetland habitat enhancement area on a certain parcel of land commonly referred to as the Howe Farm and described as follows:

Beginning at a point shown on the plan of Burlington highway project M 5000 (3), sheet 47 of 48 and noted as "station 465 + 34, 242 feet right"; thence southwesterly about 92 feet to a point noted as "465 + 77, 150 feet right"; thence generally southerly and 150 feet parallel to the baseline of construction as shown on the plans to a point marked by a STATE OF VERMONT aluminum pipe monument stamped "ROW 1983" and set flush with the ground 150.0 feet right of station 442 + 35 as shown on plan sheet 41 of 48 and further identified by Vermont State Plane Coordinates y = 736,713.5, x = 306,363.6; thence continuing by grid distance and azimuths; 616.8 feet 48 ø 58'12" to a point located 150.0 feet 323 ø 18'51" from a STATE OF VERMONT aluminum pipe monument stamped "B 1983" set flush to the ground; thence 1313.4 feet 323 ø 18'51" to a STATE OF VERMONT aluminum pipe monument stamped "C 1983" set flush to the ground; thence 827.0 feet 323 ø 18'50" to a STATE OF VERMONT aluminum pipe monument stamped "D 1983" set flush to the ground; thence 1087.5 feet 10 ø 09'20" to a STATE OF VERMONT aluminum pipe monument stamped "E 1983" set flush with the ground near the southerly bank of a seasonally dry channel of the Winooski River; thence continue on the same azimuth to the southerly bank of the river; thence to the center of the river and the boundary between the City of Burlington and Colchester; thence down stream along the boundary between the City of Burlington and Colchester to a point opposite the point of beginning of this description; thence to the noted point of beginning. The land area enclosed by this description constitutes approximately 66 acres depending on the variable flow of the river and is all of the same land and premises conveyed to the State of Vermont by Roderick Whittier and Richard Farnham by Warranty Deed dated February 6, 1984, and recorded in Book 302, Pages 350-353 of the City of Burlington Land Records.

Exhibit "B":

Being a perpetual easement for maintaining and controlling a wetland habitat enhancement area on a certain parcel of land commonly referred to as the Intervale Cattail Marsh and described as follows:

Commencing at a point marking the southwest corner of land, conveyed to the State of Vermont by City of Burlington by Warranty Deed dated February 24, 1986, and recorded in Book 328, Page 593A of the City of Burlington Land Records, and which point is also along the boundary line of the existing railroad right-of-way of the Central Vermont Railway; thence proceeding in a northwesterly direction 725' to a point; then continuing in a northwesterly direction 400' to a point, which point is 250' right of the point designated 335 on the survey line of the Burlington Beltline, so-called; then continuing in a northwesterly direction 500' to a point, which point is 201' right of the point designated 340 on the survey line of said Burlington Beltline; then continuing in a northwesterly direction for 375' to a point which is the northwesterly corner of the property being herein conveyed; then turning to the right at an angle of 60 ø 16'43" and continuing in a northeasterly direction for 863.16' to a point; then continuing at an angle of 64 ø 26'04" for 441.01' to a point which constitutes the most northerly point of the land of the State of Vermont; thence turning to the right at an angle of 145 ø 25'29" and proceeding in a southeasterly direction for 546.01' to a point, then continuing in a southeasterly direction at an angle of 145 ø 27'51" for a distance of 450.66' to a point; then continuing in a southeasterly direction at an angle of 141 ø 58'59" for 68.01' to a point; then continuing a southeasterly direction at an angle of 145 ø 22'11" for 464.73' to a point; then turning to the left and proceeding in a northeasterly direction at an angle of 93 ø 50'21" for a distance of 833.29' to a point; then turning to the right and proceeding in a southeasterly direction at an angle of 180 ø 17'59" for 471.95' to a point; then turning to the left and proceeding in a southeasterly direction at an angle of 107 ø 47'59" for a 380.49' to a point; then turning to the right and proceeding in a southwesterly direction at an angle of 193 ø 46'23" for 1009.21' to a point; then continuing in a southwesterly direction at an angle of 196 ø 17'19" for a distance of 118.35' to a point; then turning to the right and proceeding in a northwesterly direction at an angle of 282 ø 40'56" for 93.62' to a point; then deflecting to the right and proceeding in a northwesterly direction at an angle of 328 ø 04'50" for 279.49' to a point; then proceeding in a northwesterly direction at an angle of 282 ø 25'02" for 344.87' to a point; then turning to the left and proceeding in a southwesterly direction at an angle of 215 ø 47'48" for a distance of 217.71' to a point; then proceeding in a westerly direction at an angle of 282 ø 31'51" for 1470.25' to a point; then continuing in a westerly direction at an angle of 282 ø 03'38" for 147.38' to a point; then continuing in a westerly direction at an angle of 281 ø 18'41" for a distance of 122.46' to the point or place of beginning. The land area enclosed by this description is 122 acres, more or less.

Also included in this transfer is an easement over other lands, now or formerly of Roderick Whittier and Richard Farnham for the purposes of ingress and egress to and from the premises for maintaining a wetland habitat enhancement area, and laying and maintaining waterlines from the closest point of the Winooski River to said wetland habitat enhancement area and the use of said easement shall not interfere with the use of the land by Roderick Whittier and Richard Farnham, their heirs and assigns.

The Agency of Environmental Conservation, Fish and Wildlife Department, upon this transfer, will assume the responsibility for all future, management, maintenance and construction outside the highway right-of-way line and assumes the responsibility of monitoring water levels to avoid encroachment on adjoining properties unless flowage easements are obtained.

The Agency of Environmental Conservation, Fish and Wildlife Department also agrees to comply with all conditions imposed on the herein described areas by permits obtained by the Corps of Engineers, Vermont Act 250 and Agency of Environmental Conservation, Department of Water Resources and Environmental Engineering Dam Permit and all covenants and conditions included in the deeds transferring the herein described properties to the Agency of Transportation.

Dated February 26, 1987.

History

Editor's note. The agency of environmental conservation, referred to in the second, fourth, tenth and eleventh paragraphs of this order, was renamed the agency of natural resources by 1987, No. 76 , § 18.

The department of water resources and environmental engineering, referred to in the last paragraph of this order, was renamed the department of environmental conservation by 1987, No. 76 , § 18.

29-16. (No. 54-87) [Transfer of Certain Premises in Town of Alburg From Department of Forests, Parks and Recreation to Department of Fish and Wildlife.

WHEREAS, it appears that certain premises in the Town of Alburg, County of Grand Isle, State of Vermont, owned by the State of Vermont, hereinafter described and presently under the jurisdiction and control of the Department of Forests, Parks and Recreation has become and is no longer necessary for state forest and park purposes; and

WHEREAS, the hereinafter described premises are more suitable for wildlife management purposes,

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the powers vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Department of Forests, Parks and Recreation to the jurisdiction and control of the Department of Fish and Wildlife for its purposes, the following described premises, to wit:

all that portion of the former Central Vermont Railway, Incorporated property, and all that portion of the former Rutland Railroad Corporation property which lies between the east shore of Lake Champlain at West Alburg, and the New York State border.

The Central Vermont Railway, Incorporated property was conveyed to the State of Vermont by Quitclaim deed dated April 12, 1965, and is recorded in Book 38, page 204 of the Alburg Land Records, the Rutland Railway Corporation property was conveyed to the State of Vermont by Quitclaim deed dated March 3, 1965 and is recorded in Book 38, page 186 of the Alburg Land Records.

Dated December 10, 1987.

29-17. (No. 64-88) [Transfer of Lands in Towns of Concord, Chester and Hardwick From Agency of Transportation to Agency of Natural Resources, Department of Fish and Wildlife.

WHEREAS, it appears that certain lands hereinafter described and located in the Town of Concord, County of Essex, and State of Vermont, Town of Chester, County of Windsor, and State of Vermont, and Town of Hardwick, County of Caledonia and State of Vermont and all presently under the jurisdiction and control of the Agency of Transportation and are no longer necessary for Agency of Transportation purposes; and

WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife desires the transfer of said hereinafter described land for the purpose of enhancing already existing recreational facilities;

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over from the Agency of Transportation to the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife for the aforesaid purpose the following described lands, to wit:

Parcel #1 - Town of Concord

Being part of the same land and premises conveyed to State of Vermont by Curtis A. Lanpher by Warranty Deed dated November 1, 1956, and recorded in Book 37, Page 223 of the Town of Concord Land Records, and being more particularly described as follows:

Beginning at a point 100 feet distant northwesterly at right angle from approximate survey station 201 + 03 of the established centerline (established centerline hereinafter referred to as said CL) of Highway Project Concord F 208-4 (1);

thence 1,155 feet, more or less, northeasterly along the Moose River to a point 350 feet distant northwesterly at right angle from approximate survey station 209 + 50 of said CL;

thence 250 feet, more or less, southeasterly to a point, 100 feet distant, northwesterly at right angle from approximate survey station 209 + 50 of said CL;

thence 820 feet, more or less, southwesterly to the point of beginning.

The above described parcel of land consisting of 2.5 acres, more or less, as shown on the attached plat entitled "State of Vermont, Agency of Transportation, Town of Concord" dated January 19, 1988, and labeled "Exhibit A."

Excepting and reserving from this conveyance the right of the State of Vermont, Agency of Transportation to enter upon land of the State of Vermont, Agency of Natural Resources, Department of Fish and Wildlife to maintain two (2) culverts. The first running under existing U.S. Route #2 and through the above described parcel of land to the Moose River and located at or near and left of approximate survey station 203 + 99, more or less, of the established centerline of Highway Project Concord F 028-4 (1), and the second running under existing U.S. Route #2 onto the above described parcel of land and located at or near and left of approximate survey station 208 + 99 of the aforesaid established centerline, as shown on the attached plat labeled "Exhibit A."

Parcel #2 - Town of Chester

Being part of the same land and premises conveyed to the State of Vermont by Henry J. Chapman and Jennie W. Chapman by Condemnation Order dated October 11, 1969, and recorded in Book 39, Page 460 of the Town of Chester Land Records, and being more particularly described as follows:

Beginning at a point in the Williams River 150 feet distant northwesterly at right angle from approximate survey station 45 + 90 of the established centerline (established centerline hereinafter referred to as said CL) of Highway Project Chester F 025-1 (8);

thence 1,130 feet, more or less, northerly and northeasterly along the railroad right-of-way to a point 470 feet distant southwesterly radially from approximate survey station 61 + 65 of said CL;

thence 350 feet, more or less, northeasterly to a point, 90 feet distant southwesterly radially from approximate survey station 62 + 25 of said CL;

thence 890 feet, more or less, southerly and southwesterly and parallel to said CL to a point 90 feet distant northwesterly radially from approximate survey station 52 + 50 of said CL;

thence 642 feet, more or less, southwesterly to the point of beginning.

The above described parcel of land consists of 8.1 acres, more or less, as shown on the attached plat entitled "State of Vermont, Agency of Transportation, Town of Chester," and dated January 25, 1988, and labeled "Exhibit B."

Parcel #3 - Town of Hardwick

Being all of the same land and premises conveyed to the State of Vermont by Carl Loura and Daisy G. Loura by Warranty Deed dated August 7, 1933, and recorded in Book 36, Page 354 of the Town of Hardwick Land Records, and being more particularly described as follows:

Beginning at a point 24.75 feet distant southeasterly at right angle from approximate survey station 77 + 12 of the established centerline (established centerline hereinafter referred to as said CL) of Highway Project Hardwick S 8 (2), thence 309.4 feet, more or less, S 66 ø 45'30" E to a point, thence 368.1 feet, more or less, S 24 ø 19'30" W to a point, thence 319.2 feet, more or less, S 26 ø 07' W to a point, thence 366.6 feet, more or less, S 24 ø 35' W to a point, thence 156 feet, more or less, N 71 ø 51'30" W to a point, thence 27 feet, more or less, N 62 ø 24'30" W to a point 24.75 feet distant southeasterly at right angle from approximate survey station 66 + 36 of the aforesaid established centerline, thence 1,076 feet, more or less, northeasterly and parallel to said CL to the point of beginning.

The above described parcel of land consists of 6.34 acres, more or less, as shown on the attached plat entitled "State of Vermont, Agency of Transportation, Town of Hardwick" dated February 17, 1988, and labeled "Exhibit C."

Dated August 18, 1988.

29-18. (No. 65-88) [Transfer of Certain Lands in Town of Groton From Agency of Transportation to Agency of Natural Resources, Department of Forests, Parks and Recreation and Grant of Temporary Easement to Transportation Agency.

WHEREAS, it appears that certain lands hereinafter described and located in the Town of Groton, County of Caledonia and State of Vermont and presently under the jurisdiction and control of the Agency of Natural Resources, Department of Forests, Parks and Recreation, and

WHEREAS, the Agency of Transportation desires the use of said land and premises for its purposes;

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over to the Agency of Transportation jurisdiction and control over certain lands of the Agency of Natural Resources; Department of Forests, Parks and Recreation for its purposes; said lands being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by Carroll R. Palmer and Joan A. Palmer by Quit-Claim Deed dated July 14, 1978 and recorded in Book 29, Pages 606-608 of the Town of Groton Land Records; said land being designated as Parcel #6 as shown on Pages 6, 10, and 14 of the plans of Highway Project Groton F 026-1 (27)S, a plat of which is attached hereto and made a part hereof, and with reference to said plat being more particularly described as follows:

Parcel #6:

Beginning at a point in the existing southeasterly right-of-way boundary of U.S. Route #302, 26 feet distant southwesterly radially from approximate survey station 97 + 89 of the established centerline (established centerline hereinafter referred to said CL) of Highway Project Groton F 026-1 (27)S;

thence 41 feet, more or less, southeasterly and parallel to said CL along the aforesaid existing southwesterly right-of-way boundary of U.S. Route #302 to a point 26 feet distant southwesterly radially from approximate survey station 98 + 30 of said CL;

thence 21 feet, more or less, southeasterly, to a point 42 feet distant radially from station 98 + 43 of said CL;

thence 41 feet, more or less, northwesterly and parallel to said CL to a point 42 feet distant radially from station 98 + 02 of said CL;

thence 21 feet, more or less, northwesterly to the point of beginning.

Said Parcel #6 contains 0.01 acre, more or less.

Also included in this transfer are the following easements and/or rights required for the construction of Highway Project Groton F 026-1 (27)S:

A temporary easement during the period of construction to extend highway slopes and embankments in an area of 40 square feet, more or less, as shown on Pages 5 and 14 of the plans of said Highway Project a plat of which is attached hereto and made a part hereof. The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The Agency of Transportation shall have the right to remove all trees, logs, stumps, protruding roots, bush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

A temporary easement during the period of construction to enter upon land under the jurisdiction of the Agency of Natural Resources, Department of Forests, Parks and Recreation for construction purposes including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris in an area which contains 280 square feet, more or less, and is located right of and between approximate survey stations 98 + 02 and 98 + 48 of the established centerline of said Highway Project, as shown on a plat which is attached hereto and made a part hereof.

Dated August 18, 1988.

29-19. (No. 66-88) [Transfer of Certain Permanent Easement Located in City of Montpelier From Agency of Administration, Department of State Buildings to Agency of Transportation.

WHEREAS, it appears that a certain permanent easement hereinafter described and located in the City of Montpelier, County of Washington and State of Vermont and presently under the jurisdiction and control of the Agency of Administration, Department of State Buildings, and

WHEREAS, the Agency of Transportation desires the use of said permanent easement for its purposes:

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over to the Agency of Transportation jurisdiction and control over a certain permanent easement of the Agency of Administration, Department of State Buildings for its purposes; said permanent easement being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by William F. Corry, Frank C. Corry, Florence E. Corry, and Ruth Corry Lyman by Warranty Deed dated June 2, 1949, and recorded in Book 65, Pages 303-305 of the City of Montpelier Land Records; said permanent easement being designated as Parcel #18 as shown on Pages 8, 14 and 15 of the plans of Highway Project Montpelier M6400 (23), a plat of which is attached hereto and made a part hereof, and with reference to said plat being more particularly described as follows:

An easement to change and maintain, if necessary, the channel of a certain stream of water now running on land of the Agency of Administration, Department of State Buildings located left of and between approximate survey stations 552 + 62 and 552 + 83 of the revised centerline of said Highway Project, as shown on plat hereto and made a part hereof.

Dated August 18, 1988.

History

Editor's note. The department of state buildings, referred to throughout this order, was renamed the department of buildings and general services by 1995, No. 148 (Adj. Sess.), § 4(c).

29-20. (No. 72A-89) [Transfer Certain Permanent Easements in Town of Berlin from Board of Armory Commissioners to Agency of Transportation.

WHEREAS, it appears that certain permanent easements hereinafter described and located in the Town of Berlin, County of Washington, and State of Vermont are presently under the jurisdiction and control of the Board of Armory Commissioners of the State of Vermont, and

WHEREAS, the Agency of Transportation desires the use of said permanent easements for its purposes;

NOW THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over to the Agency of Transportation jurisdiction and control over certain permanent easements of the Board of Armory Commissioners for its purposes, and being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by the City of Montpelier by Warranty Deed dated December 10, 1964 and recorded in Book 36, Page 59 of the Town of Berlin Land Records; said land being designated as Parcel #11 as shown on Pages 4 and 5 of the plans of Highway Project Berlin M 6200 (1)S, Section I and as Parcel #104 as shown on Pages 5, 7, and 8 of the plans of Highway Project Berlin M 6200 (1)S, Section II, and which plats are so designated and which are attached hereto and made a part hereof, and with reference to said plats being more particularly described as follows:

Parcel #11:

An easement for constructing, maintaining and servicing a highway, in an area of 0.01 acre, more or less, and located between a point right of approximate survey station 51 + 00 of the revised centerline of said Highway Project and a point right of approximate station 52 + 48 of the established centerline of said Highway Project, and being more particularly described as follows:

Beginning at a point in the existing southwesterly right-of-way boundary of Town Highway #6 (Fisher Road) 25 feet distant southwesterly radially from approximate station 51 + 00 of the revised centerline (Revised centerline hereinafter referred to as REV. CL.) of Highway Project Berlin M 6200 (1)S, Section I;

thence 146 feet, more or less, southeasterly along the aforesaid southwesterly right-of-way boundary of Town Highway #6 (Fisher Road) to a point 20 feet distant southwesterly radially from approximate station 52 + 46 of said REV. CL.;

thence 5 feet, more or less, southwesterly to a point 25 feet distant southwesterly radially from approximate station 52 + 48 of the REV. CL.;

thence 148 feet, more or less, northwesterly to the point of beginning.

Also included in this transfer is the following easement and/or right required for the construction of Highway Project Berlin M 6200 (1)S, Section I;

An easement to construct and maintain a drainage ditch between a point right of approximate survey station 52 + 48 of the revised centerline of said Highway Project and a point right of approximate survey station 52 + 58 of the established centerline of said Highway Project.

Parcel #104:

An easement for constructing, and servicing a highway, in an area of 0.08 acre, more or less, and located right of and between approximate survey stations 47 + 43 and 52 + 00 of the revised centerline of said Highway Project, and being more particularly described as follows:

Beginning at a point in Town Highway #6 (Fisher Pond) 17 feet distant northeasterly at right angle from approximate station 45 + 31 of the revised centerline (revised centerline hereinafter referred to as REV. CL.) of Highway Project Berlin M 6200 (1)S; Section II;

thence 211 feet, more or less southeasterly to a point in the centerline of Town Highway #6 (Fisher Pond) at centerline station 47 + 43 of said REV. CL.;

thence 32 feet, more or less, southwesterly to a point 32 feet distant at right angle from station 47 + 43 of said REV. CL.;

thence 143 feet, more or less, northwesterly and parallel to said REV. CL. to a point 32 feet distant, southwesterly at right angle from station 46 + 00 of said REV. CL.;

thence 53 feet, more or less, southwesterly to a point 85 feet, distant southwesterly at right angle from station 46 + 00 of said REV. CL.;

thence 84 feet, more or less, northwesterly to a point 105 feet distant southwesterly at right angle from station 45 + 18 of said REV. CL.;

thence 123 feet, more or less, northeasterly to the point of beginning.

Also included in this transfer are the following easements and/or rights required for the construction of Highway Project Berlin M 6200 (1)S, Section II;

Easement to extend highway slopes and embankments in areas of 0.05 acre, more or less, and 0.01 acre, more or less, and a temporary easement during the period of construction to extend highway slopes and embankments in an area of 0.04 acre, more or less and shown on Pages 7 and 8 of the plans of said Highway Project, a plat of which is attached hereto and made a part hereof. The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The Agency of Transportation shall have the right to remove all tree logs, stumps, protruding roots, brush, duff and any other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

An easement in an area of 0.05 acre, more or less, to construct and maintain a ditch located right of and between approximate survey stations 47 + 43 and 50 + 82 of the revised centerline of said Highway Project.

An easement to install and maintain a culvert located right of and between approximate survey stations 50 + 82 and 51 + 53 of the revised centerline of said Highway Project.

A temporary easement during the period of construction to enter upon land of the Adjutant General to construct a drive located at or near and right of approximate survey station 51 + 18 of the revised centerline of said Highway Project.

Dated March 16, 1989.

29-21. (No. 81-89) [Transfer of Lands in Town of Wilmington From Agency of Environmental Conservation, Department of Forests, Parks and Recreation, to Agency of Transportation.

WHEREAS, it appears that certain lands hereinafter described and located in the Town of Wilmington, County of Windham and State of Vermont and presently under the jurisdiction and control of the Agency of Environmental Conservation; Forests, Parks and Recreation Department; and

WHEREAS, the Agency of Transportation desires the use of said land and premises for its purposes;

NOW THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over to the Agency of Transportation jurisdiction and control over certain lands of the Agency of Environmental Conservation; Forests, Parks and Recreation Department for its purposes; said lands being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by Olga Haslund by Warranty Deed dated August 5, 1940 and recorded in Book 31, Page 88 of the Town of Wilmington Land Records; said land being designated as Parcels #26A, 26B, and 26C as shown on Pages 15, 30 and 31 of the plans of Highway Project Wilmington F 010-1 (19), a plat of which is attached hereto and made a part hereof, and with reference to said plat being more particularly described as follows:

Parcel #26A: Beginning at a point in the existing southwesterly right of way boundary of Vermont Route #9, 90 feet distant northeasterly at right angle from approximate station 334 + 10 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Wilmington F 010-1 (19);

thence 437 feet, more or less, southeasterly, easterly and southeasterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 to a point 78 feet distant northeasterly, at right angle from approximate station 338 + 45 of said CL;

thence 100 feet, more or less, southwesterly and crossing said CL to a point 5 feet distant southwesterly at right angle from approximate station 337 + 86 of said CL;

thence 96 feet, more or less, southeasterly to a point 18 feet distant southwesterly at right angle from approximate station 338 + 80 of said CL;

thence 105 feet, more or less, northeasterly and crossing said CL to a point in the aforesaid existing southwesterly right of way boundary of Vermont Route #9, 67 feet distant northeasterly at right angle from approximate station 339 + 43 of said CL;

thence 309 feet, more or less, southeasterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 and crossing said CL to a point 10 feet distant southwesterly at right angle from approximate station 342 + 40 of said CL;

thence 55 feet, more or less, southwesterly to a point 65 feet distant southwesterly at right angle from approximate station 342 + 43 of said CL;

thence 843 feet, more or less, northwesterly and parallel to said CL to a point 65 feet distant southwesterly at right angle from approximate station 334 + 00 of said CL;

thence 155 feet, more or less, northeasterly and crossing said CL to the point of beginning.

Said Parcel #26A contains 2.38 acres, more or less.

Parcel #26B: Beginning at a point existing Vermont Route #9, 140 feet distant northeasterly at right angle from approximate station 334 + 10 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Wilmington F 010- (19);

thence 439 feet, more or less, southeasterly to a point 106 feet distant northeasterly at right angle from approximate station 338 + 47 of said CL;

thence 28 feet, more or less, southwesterly to a point in the existing southwesterly right of way boundary of Vermont Route #9, 78 feet distant northeasterly at right angle from approximate station 338 + 45 of said CL;

thence 437 feet, more or less, northwesterly, westerly and northwesterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 to a point 90 feet distant northeasterly at right angle from approximate station 334 + 10 of said CL;

thence 50 feet, more or less, northeasterly to the point of beginning.

Said Parcel #26B contains 0.34 acre, more or less.

Parcel #26C: Beginning at a point in existing Vermont Route #9, 93 feet distant northeasterly at right angle from approximate station 339 + 47 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Wilmington F 010-1 (19);

thence 313 feet, more or less, southeasterly to a point 20 feet distant northeasterly at right angle from approximate station 342 + 52 of said CL;

thence 31 feet, more or less, southwesterly and crossing said CL to a point in the existing southwesterly right of way boundary of Vermont Route #9, 10 feet distant southwesterly at right angle from approximate station 342 + 40 of said CL;

thence 309 feet, more or less, northwesterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 and crossing said CL to a point 67 feet distant northeasterly at right angle from approximate station 339 + 43 of said CL;

thence 26 feet, more or less, northeasterly to the point of beginning.

Said Parcel #26C contains 0.21 acre, more or less.

Also included in this transfer are the following easements and/or rights required for the construction of Highway Project Wilmington F 010-1 (19):

A temporary easement during the period of construction to enter upon land under the jurisdiction of the Agency of Environmental Conservation; Forests, Parks and Recreation Department to construct a drive at or near and right of approximate survey station 338 + 62 of the established centerline of said Highway Project.

A temporary easement during the period of construction to enter upon land under the jurisdiction of the Agency of Environmental Conservation; Forests, Parks and Recreation Department for construction purposes including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris in an area which contains 0.05 acre, more or less, and is located right of and between approximate survey stations 339 + 89 and 342 + 33 of the established centerline of said Highway Project.

A temporary easement during the period of construction to extend highway slopes and embankments in a total area of 0.02 acre, more or less, as shown on Pages 15, 30 and 31 of the plans of said Highway Project a plat of which is attached hereto and made a part of. The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The Agency of Transportation shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

Dated Dec. 28, 1989.

29-22. (No. 07-91) [Transfer of Certain Land in Town of Alburg from Agency of Transportation to Agency of Natural Resources, Department of Fish and Wildlife.

WHEREAS, it appears that certain land hereinafter described and located in the Town of Alburg, County of Grand Isle, State of Vermont and presently under the jurisdiction and control of the Agency of Transportation, is no longer necessary for Agency of Transportation purposes; and

WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife desires the transfer of said hereinafter described land for the purpose of enhancing already existing recreational facilities;

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over from the Agency of Transportation to the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife for the aforesaid purpose the following described land, to wit:

Beginning at a point in U.S Route 2, 44.0' more or less left of and at right angles to the established centerline at approximate survey station 77 + 00, as shown on Project BRF 028-1(11) Fishing Access Plan; thence easterly and parallel to said center line 675' more or less to a point, said point being 44.0' left of and at right angles to approximate survey station 83 + 75 of said Project. Meaning to transfer all of the lands lying north of the above described line consisting of the Fishing Access Area as it presently exists and encompassing 1.77 acres, more or less. A plat depicting the above described parcel is attached hereto and made a part thereof.

Being part of the land and premises conveyed to the State of Vermont by Quit-Claim Deed from the Lake Champlain Bridge Commission on September 16, 1987, and recorded in the Town of Alburg Land Records on November 13, 1987 in Book 57, Pages 137-140.

This Executive Order takes effect upon signing.

Dated June 7, 1991.

29-23. (No. 04-92) [Transfer of Certain Land in Town of Stockbridge From Agency of Natural Resources, Department of Fish and Wildlife to Agency of Transportation.

WHEREAS, it appears that a portion of certain land in the Town of Stockbridge, County of Windsor, and State of Vermont which is presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife, is necessary for highway purposes in connection with Highway Project Stockbridge BRF 022-1 (13); and

WHEREAS, the Agency of Transportation is charged with and has the responsibility for planning, constructing, and maintaining all such highways;

NOW THEREFORE, I, Howard Dean, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over from the Agency of Natural Resources, Department of Fish and Wildlife, to the jurisdiction and control of the Agency of Transportation for the aforesaid purposes the following described lands and easements to wit:

Being part of the same land and premises conveyed to the State of Vermont by Thomas G. Rabeck and Lauren S. Rabeck by Warranty Deed dated April 11, 1978 and recorded in Book 36, Pages 317-319, of the Town of Stockbridge Land Records, and being further described as Parcels #5A and 5B consisting of land and rights therein as shown on Pages 11 and 12 of the plans of Highway Project Stockbridge BRF 022-1 (13) as filed on the 7th day of August, 1991, in the office of the Clerk of the Town of Stockbridge. Said land and rights are more particularly described as follows:

Parcel #5A:

Beginning at a point in the existing southwesterly right-of-way boundary of Vermont Route 107, approximately 33 feet distant southwesterly at right angle from station 13 + 76 of the established centerline (established centerline hereinafter referred to as CL) of said Highway Project;

thence 274 feet, more or less, southeasterly along said existing southwesterly right-of-way boundary of Vermont Route #107, to a point approximately 33 feet distant southwesterly radially from station 16 + 50 of said CL;

thence 51 feet, more or less, northwesterly to a point 42 feet distant southwesterly radially from station 16 + 00 of said CL;

thence 224 feet, more or less, northwesterly and parallel to said CL to a point 42 feet distant southwesterly at right angle from station 13 + 76 of said CL;

thence 9 feet, more or less, northeasterly to the point of beginning;

This parcel of land contains 0.05 acre, more or less.

Parcel #5B:

Beginning at a point in the existing southwesterly right-of-way boundary of Vermont Route #107, approximately 33 feet distant southwesterly at right angle from approximate station 11 + 07 of said CL;

thence 55 feet, more or less, southeasterly along an irregular line to a point in the center of existing Vermont Route #107 at approximate station 11 + 50 on said CL;

thence 575 feet, more or less, southeasterly along the center of existing Vermont Route #107 to a point at approximate station 17 + 25 on said CL;

thence 33 feet, more or less, southwesterly to a point in the existing southwesterly right-of-way boundary of Vermont Route #107, approximately 33 feet distant southwesterly radially from approximate station 17 + 25 of said CL;

thence 618 feet, more or less, northwesterly along the aforesaid existing southwesterly right-of-way boundary of Vermont Route #107 to the point of beginning.

This parcel of land contains 0.45 acre, more or less, and is located within the existing right-of-way of Vermont Route #107.

Also included in this transfer are the following described easements and/or rights:

A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct a temporary bridge and detour in an area which contains 0.29 acre, more or less, and is located right of and between approximate stations 9 + 91 and 13 + 50 of said CL.

An easement to extend highway slopes and embankments in an area of 0.08 acre, more or less, and a temporary easement during the period of construction to extend highway slopes and embankments in an area of 0.01 acre, more or less, as shown on Pages 11 and 12 of said filed Highway Project plans.

The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The Agency of Transportation shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct a drive right of and between approximate stations 11 + 15 and 14 + 00 of said CL.

Temporary easements during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, in an area which contains 0.03 acre, more or less, and is located right of and between approximate stations 14 + 03 and 15 + 40 of said CL; and in an area which contains 0.01 acre, more or less, and is located right of and between approximate stations 15 + 69 and 16 + 50 of said CL.

Included in this transfer is all right, title, and interest the Agency of Natural Resources, Department of Fish and Wildlife, has in and to any land which is located within the existing right-of-way of Vermont Route #107 between the northerly boundary of Parcel #5B and the center of the Tweed River.

Dated February 25, 1992.

29-24. (No. 07-93) [Transfer of Property in Grand Isle From Agency of Administration, Department of State Buildings to Agency of Natural Resources, Department of Fish and Wildlife.

WHEREAS, it appears that certain land and premises located in the Town of Grand Isle, County of Grand Isle and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Agency of Administration, Department of State Buildings, is no longer necessary for purposes of the Agency of Administration; and

WHEREAS, the Vermont Agency of Natural Resources, Department of Fish and Wildlife, desires the use of said land and premises for its purposes.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby transfer and set over from the Agency of Administration, Department of State Buildings, to the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife, for its purposes the following described land and premises, to wit:

Being all of the same land and premises with buildings thereon acquired by the State of Vermont from J. M. Harford a/k/a Jan Michael Harford and Ellen Harford formerly Ellen R. Rattee, husband and wife, by Warranty Deed dated June 15, 1989, and recorded in Book 45, Pages 2-4 of the Town of Grand Isle Land Records. Additionally, being all of the same land and premises with buildings thereon acquired by the State of Vermont from the J. & R. Williams Co., Inc., by Warranty Deed dated June 8, 1989, and recorded in Book 44, Pages 507-508 of the Town of Grand Isle Land Records.

The parcels herein described, presently known as the Ed Weed Fish Culture Station, contain approximately 160 acres and are subject to the following conditions and encumbrances:

  1. Memorandum of Understanding between the Grand Isle Board of Selectmen and the Department of State Buildings dated November 13, 1989.
  2. Agriculture lease with Francis Dubuque dated January 23, 1992.
  3. 30-year lease to Lake Champlain Transportation for 1.15 acres and a 20-foot wide easement along Bell Hill Road to leased parcel dated March 15, 1991.
  4. 30-year lease to State of Vermont by Lake Champlain Transportation Company for a 0.09-acre parcel of shoreline property dated March 15, 1991.
  5. All Land Use Permits issued by the State of Vermont for the Fish Hatchery construction project.
  6. All conditions of the U.S. Army Corps of Engineers Permit #198901967 dated September 11, 1990, issued for the construction of the hatchery.

    This Executive Order shall take effect upon signing.

    Dated May 15, 1993.

History

Editor's note. The department of state buildings, referred to throughout this order, was renamed the department of buildings and general services by 1995, No. 148 (Adj. Sess.), § 4(c)(1).

29-25. (No. 12-93) [Transfer of Certain Lands and Rights in Charleston from Agency of Natural Resources, Department of Fish and Wildlife, to Agency of Transportation.

WHEREAS, It appears that certain lands and rights hereinafter described and located in the Town of Charleston, County of Orleans, and State of Vermont are presently under the jurisdiction and control of the State of Vermont, Agency of Natural Resources, Department of Fish and Wildlife, and

WHEREAS, the Agency of Transportation desires the use of said lands and rights for its purposes;

NOW THEREFORE, I Howard Dean, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over from the Agency of Natural Resources, Department of Fish and Wildlife, to the Agency of Transportation, jurisdiction and control over certain lands and rights being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont, Fish and Game Department by Warranty Deed from Hiram H. Hutchinson and Hazel M. Hutchinson dated April 16, 1965, and recorded in Book 27, Pages 65 and 66 of the Town of Charleston Land Records, and further described as Parcels #4A and 4B consisting of certain pieces of land and rights therein as shown on Page 9 of the plans of Highway Project Charleston BRF 034-3 (15) that have been revised and filed in the office of the Clerk of the Town of Charleston on the 14th day of December, 1992. Said lands and rights are described as follows:

Parcel #4A:

Beginning at a point in the existing easterly right-of-way boundary of Vermont Route #105, 28 feet distant easterly radially from approximate station 433+45 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Charleston BRF 034-3 (15);

thence 90 feet, more or less, southeasterly to a point in the Clyde River, said point being 30 feet distant easterly radially from approximate station 434+33 of said CL;

thence 23 feet, more or less, northwesterly in said Clyde River to a point in the aforesaid existing easterly right-of-way boundary of Vermont Route #105, 11 feet distant easterly radially from approximate station 434+22 of said CL;

thence 80 feet, more or less, northerly along the aforesaid existing easterly right-of-way boundary of Vermont Route #105 to the point of beginning.

The above described parcel of land designated Parcel #4A, consists of 0.02 acre, more or less.

Parcel #4B:

Beginning at a point in existing Vermont Route #105, 4 feet distant northeasterly radially from approximate station 432+58 of the aforesaid CL;

thence 26 feet, more or less, southeasterly to a point in the existing easterly right-of-way boundary of Vermont Route #105, 26 feet distant easterly radially from approximate station 432+70 of said CL;

thence 75 feet, more or less, southeasterly along the aforesaid easterly right-of-way boundary of Vermont Route #105, to a point 28 feet distant easterly radially from approximate station 433+45 of said CL;

thence 80 feet, more or less, southerly along said existing easterly right-of-way boundary of Vermont Route #105, to a point in the Clyde River 11 feet distant easterly radially from approximate station 434+22 of said CL;

thence 18 feet, more or less, northwesterly in the Clyde River to a point in existing Vermont Route #105, 5 feet distant westerly radially from approximate station 434+17 of said CL;

thence 160 feet, more or less, northerly and northwesterly along existing Vermont Route #105 to the point of beginning.

The above described parcel of land designated as Parcel #4B consists of 0.08 acre, more or less, and is located within the existing right-of-way of Vermont Route #105.

Also included in this transfer are the following described easements and/or rights:

A temporary easement during the period of construction, to extend highway slopes and embankments in an area of 0.03 acre, more or less, as shown on Page 9 of the aforementioned revised filed plans.

The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The State of Vermont, Agency of Transportation, shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

An easement, in an area of 0.01 acre, more or less, to change and maintain the channel of a certain stream of water, known locally as the Clyde River, now running on lands of the Agency of Natural Resources, Department of Fish and wildlife, left of and between approximate stations 433+56 and 433+90 of the established centerline of Highway Project Charleston BRF 034-3 (15).

A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct and utilize a temporary detour, in an area which contains 0.11 acre, more or less, and is located left of and between approximate stations 432+90 and 434+55 of the said established centerline.

Dated August 15, 1993.

29-26. (No. 01-95) [Transfer of Land and Easements From Agency of Natural Resources, Department of Fish and Wildlife, to Agency of Transportation.

WHEREAS, it appears that certain land and easements in the Town of Roxbury, County of Washington, and State of Vermont which is presently under the jurisdiction and control of the Agency of Natural resources, Department of Fish and Wildlife, is necessary for highway purposes in connection with Highway Project Roxbury BRS 0187(3)S; and

WHEREAS, the Agency of Transportation is charged with and has the responsibility for planning, constructing, and maintaining all such highways,

NOW THEREFORE, I, Howard Dean, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over to the Agency of Transportation, jurisdiction and control over certain land and easements of the Agency of Natural Resources, Department of Fish and Wildlife, and being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by the following instruments:

  1. Quit-Claim Deed from Charles C. Warren dated November 30, 1894 and recorded in Book 16, Page 201, of the Town of Roxbury Land Records.
  2. Warranty Deed from Edward H. Thurston and Ola M. Thurston dated September 21, 1956 and recorded in Book 28, Pages 85-87, of said Town of Roxbury Land Records. A portion of the land conveyed in this deed was transferred from the jurisdiction and control of the Department of Highways to the jurisdiction and control of the Department of Fish and Game by Executive Order dated November 12, 1973 and recorded in Book 28, Page 531, of said Town of Roxbury Land Records.

    The land and easements transferred herein are further described as Parcel #1 as shown on Pages 9 and 11 of the plans of Highway Project Roxbury BRS 0187 (3)S as filed on May 11, 1993 in the office of the Clerk of the Town of Roxbury.

    The transfer includes all right, title, and interest which the Agency of Natural Resources, Department of Fish and Wildlife, has or may have in or to a parcel of land which contains approximately 0.51 acre and is located entirely within the existing right-of-way of Vermont #12A. Said parcel is further described as follows:

    Beginning at a point in the existing westerly right-of-way boundary of Vermont Route #12A, 50 feet distant westerly radiating from approximate station 118+00 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Roxbury BRS 0187 (3)S;

    thence 237 feet, more or less, northerly along said westerly right-of-way boundary of Vermont Route #12A, and crossing the Third Branch of the White River to a point 50 feet distant westerly at right angle from approximate station 120+43 of said CL;

    thence 33 feet, more or less, northeasterly along said westerly right-of-way boundary of Vermont Route #12A to a point 25 feet distant westerly at a right angle from approximate station 124+65 of said CL;

    thence 416 feet, more or less, northerly and easterly along said westerly right-of-way boundary of Vermont State Route #12A to a point 25 feet distant northwesterly at right angle from approximate station 124+65 of said CL;

    thence 25 feet, more or less, southeasterly to a point in Vermont Route # 12A, at approximate station 124+65 on said CL;

    thence 665 feet, more or less, southwesterly and southerly along Vermont #12A to a point at approximate station 118+00 on said CL;

    thence 50 feet, more or less, westerly to the point of beginning.

    Also included in this transfer are the following easements:

    A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct a temporary bridge detour, in an area which contains 0.10 acre, more or less, and is located left of and between approximate stations 119+85 and 122+24 of the aforesaid CL;

    A permanent easement to extend and maintain highway slopes and embankments in an area of 0.10 acre, more or less, and temporary easements during the period during the period of construction, to extend highway slopes and embankments in an area of 0.10 acre, more or less, and in an area of 0.06 acre, more or less, as shown on the aforesaid filed plans.

    The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The State of Vermont, Agency of Transportation, shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

    An easement, in an area of 0.10 acre, more or less, to change and maintain the channel of a certain stream of water, known locally as the Third Branch of the White River, now running on the lands of the Agency of Natural Resources, Department of Fish and Wildlife, left of and between approximate stations 120+45 and 120+73 of said CL;

    An easement to install and maintain a wingwall located left of and between approximate stations 120+69 and 120+80 of said CL;

    A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to reset two white pine trees located left of and between approximate stations 121+15 and 121+70 of said CL;

    A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct a drive at or near and left of approximate station 122+50 of said CL.

    Dated January 9, 1995.

History

Editor's note. The reference to the department of highways in this order is obsolete. 1977, No. 263 (Adj. Sess.), § 10, eff. April 19, 1978, from which former § 3116 of Title 3 was derived, provided that the agency of transportation was to be the successor to and continuation of the department of highways. For present provisions relating to the agency of transportation, see § 2 of Title 19.

29-27. (No. 07-99) [Transfer of Property in Essex to Agency of Administration, Department of State Buildings and General Services from Agency of Natural Resources, Department of Forests, Parks and Recreation.

WHEREAS, certain buildings and related land (the "property") located in the Town of Essex, County of Chittenden and State of Vermont, herein after described, are presently under the jurisdiction and control of the Agency of Natural Resources, Department of Forests, Parks and Recreation (ANR) and;

WHEREAS, the ANR has no further use for the property; and

WHEREAS, the Vermont Agency of Administration, Department of Buildings and General Services, desires the use of said buildings and related land for its purposes;

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to the Agency of Administration, Department of State Buildings and General Services, from the jurisdiction and control of the Agency of Natural Resources, Department of Forests, Parks and Recreation, for its purposes, the following described land and premises, to wit:

Being the buildings and related land located on east side of Old Colchester road so-called. The northerly part of said property being situated in the Town of Essex and the southerly part being situated in the Village of Essex Junction.

Meaning hereby to transfer jurisdiction over the remaining part of the same premises and land conveyed to the State of Vermont by Charles E. Labelle and Lumina E. Labelle, husband and wife, by their Warranty Deed dated August 12, 1963. Said deed being of record in book 67 at page 449 of the Town of Essex Land Records.

As an aid to the location of the herein transferred premises, reference is made to a land plat entitled "Old Colchester Road Nursery," scale: 1" = 200', compiled by: M.E. Raboin, dated: February '82, Drawing No. 000-7. Said plat being filed in the property records of the State of Vermont; Agency of Natural Resources, Department of Forests, Parks and Recreation at Waterbury, Vermont. Attachment A attached hereto and incorporated herewith.

Said property consists of certain buildings and structures which are more particularly described in Attachment B attached hereto and incorporated herewith, as well as approximately 99.1 acres, more or less, of related land. Said premises and land are subject to the following conditions and encumbrances:

A certain lease entered into between the Agency of Natural Resources, Department of Forests, Parks and Recreation and the Town of Essex and the Village of Essex Junction, dated June 30, 1998, and recorded in the Town of Essex Land Records at Book 388, Pages 706-713.

A certain Fence Division Agreement between the State of Vermont, Department of Forests and Parks and Guy L. and Florence McGuin, dated November 3, 1958, and recorded in the Town of Essex Land Records at Book 65, Page 271.

A certain Fence Division Agreement between the State of Vermont, Department of Forests and Parks and Lawrence and Katherine Thompson, dated February 7, 1962, and recorded in the Town of Essex Land Records at Book 65, Page 272.

This Executive Order shall take effect upon execution.

Dated June 14, 1999.

29-28. (No. 01-01) [Transfer of Property in Rutland from Military Department to Agency of Administration, Department of State Buildings and General Services.

WHEREAS, it appears that certain land and premises located on Pierpoint Avenue in the City of Rutland, County of Rutland and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Military Department, State of Vermont, currently used as a military maintenance facility; and

WHEREAS, certain land was obtained by the Military Department, located in Fair Haven, Vermont, and the Military Department is in the process of constructing a new military maintenance facility at that location; and

WHEREAS, once the Fair Haven Maintenance facility is completed, anticipated completion date to be by the end of year 2001, the land and premises located in the City of Rutland, County of Rutland, State of Vermont, will no longer be necessary for the purposes of the Military Department; and

WHEREAS, the Agency of Administration, Department of State Buildings and General Services, desires the use of said land and premises for its purposes.

NOW, THEREFORE, BE IT RESOLVED, that I, Howard Dean, by virtue of the power vested in me as Governor, do hereby transfer and set over from the Military Department to the jurisdiction and control of the Agency of Administration Department of Buildings and General Services for its purposes, the date of transfer of possession to be upon completion of the Fair Haven, Vermont, maintenance facility, the following described land and premises, to wit:

Being part of the same land and premises acquired by the State of Vermont from Evelyn Pierpoint, et al. by Warranty Deed dated June 29, 1877, and recorded in Book 36, Pages 657-658 of the City of Rutland Land Records. It is also the same land and premises transferred from the Agency of Administration, Department of Buildings to the Military Department by Executive Order No. 23-86 and being more particularly described as follows:

Beginning at a point marked with a stone bound on the easterly sideline of Pierpoint Avenue approximately 685 feet northerly of the center line of State Street, which now marks the division line between the lands of the State of Vermont and the land herein described, thence running northerly along a bearing of N 1 ø 13'09" E a distance of 295.0 feet to an Iron Pin set flush (IPSF), thence running in a northerly direction along an arc of a circle with a radius of 692.05' curving to the right an arc distance of 221.14 l.f. along the easterly boundary of Pierpoint Avenue, the chord of said arc running N 10 ø 22'21" E for a distance of 220.19 feet, thence running N 19 ø 31'38" E for a distance of 29.59 feet, thence continuing in a northerly direction along an arc of a circle with a radius of 1170.75 feet curving to the left an arc distance of 130.50 feet along the easterly boundary of Pierpoint Avenue, the chord of such arc running N 16 ø 19'59" E for a distance of 130.43 feet to an Iron Pin Set Flush, thence turning a sharp angle to the right and running S 35 ø 25'24" E for a distance of 561.03 feet to a point in the East Creek (this line is the division line of property deeded to the City of Rutland by the State, June 9, 1956, and recorded in BK 103, PG. 117, and land therein described), thence turning a sharp angle to the right and running S 32 ø 58'31" W for a distance of 8.41 feet to a point in the East Creek, thence turning a slight angle to the left and running S 20 ø 20'40" W for a distance of 194.37 feet to a point, thence turning a slight angle to the left and running S 13 ø 52'20" W for a distance of 25.00 feet more or less to a point in East Creek, thence turning a sharp angle to the right and running N 87 ø 37'40" W for a distance of 340.0 feet more or less to the point of beginning.

The parcel therein described contains approximately 4.15 acres, more or less.

FURTHER, the Military Department shall remain responsible for maintenance and any expenses relating to the above described land and premises until such time as it vacates the property and turns possession over to the Agency of Administration Department of Buildings and General Services. In addition, the Military Department shall transfer all property records and files, relating to the above described land and premises, to the Agency of Administration Department of Buildings and General Services at the time possession of said property is transferred to that Agency.

This Executive Order shall take effect upon execution.

Dated January 8, 2001.

29-29. (No. 09-01) [Transfer of parcel of land from the Agency of Administration, Department of Buildings and General Services to the jurisdiction and control of the Agency of Transportation.

WHEREAS, it appears that certain land and premises located in the Town of Colchester, County of Chittenden and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services, State of Vermont, has become and is no longer necessary for purposes of the Agency of Administration, Department of Buildings and General Services; and

WHEREAS, the Agency of Transportation, desires the use of said land and premises for its purposes;

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, MD, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Administration, Department of Buildings and General Services to the jurisdiction and control of the Agency of Transportation for its purposes the following described land and premises, to wit:

Being part of the same land and premises acquired by the State of Vermont from Arbortech Inc. by Warranty Deed dated July 15, 1998, and recorded in Book 293 at Pages 226-229 of the Town of Colchester Land Records. The parcels are more particularly described as follows:

Parcel A

A parcel of land located in the Town of Colchester, County of Chittenden, State of Vermont, and more particularly described as follows:

Beginning at an iron pipe found located in the northwest corner of said property, said iron pipe found also being located on the easterly right-of-way of U.S. Route 7, and on the Colchester-Milton Town Line; thence proceeding from the aforementioned iron pipe found S 62 ø -59'-48" E for a distance of five hundred four and eighty hundredths feet (504.80') to an iron pipe found; thence proceeding from said iron pipe found S 62 ø -45'-16" E for a distance of two hundred five and eighty nine hundredths feet (205.89') to an iron pipe found; thence proceeding from said iron pipe found S 0 ø -18'-22" W for a distance of four hundred thirty and sixty eight hundredths feet (430.68') to an iron pipe found; thence proceeding from said iron pipe found N 89 ø -51'-46" W for a distance of four hundred sixty five and ninety two hundredths feet (465.92') to an unmonumented point; thence proceeding from said unmonumented point N 0 ø -08'-14" E for a distance of four hundred and zero hundredths feet (400.00') to an unmonumented point; thence proceeding from said unmonumented point S 89 ø -51'-46" E for a distance of forty and zero hundredths feet (40.00') to an unmonumented point; thence proceeding from said unmonumented point N 0 ø -08'-14" E one hundred thirty five and zero hundredths feet (135.00') to an unmonumented point; thence proceeding from said unmonumented point N 89 ø -51'-46" W for a distance of two hundred forty and forty six hundredths feet (240.46') to an unmonumented point located on the easterly right-of-way of U.S. Route 7; thence proceeding from the aforementioned unmonumented point in and along the easterly right-of-way of U.S. Route 7 on a curve having a radius of one thousand three hundred ninety nine and sixty nine hundredths feet (R=1399.69') and a length of two hundred twenty and forty three hundredths feet (L=220.43') to the point or place of beginning.

Said parcel contains 6.53 acres.

Parcel B

Beginning at an iron pipe found on the easterly right-of-way of US Route 7, and iron pipe found is also the northwesterly property corner of Arbortech, Inc. so called; thence proceeding from the aforementioned iron pipe found N 2 ø -34'-43" W in and along the easterly right-of-way of US Route 7 for a distance of three hundred thirteen and ninety three hundredths feet (313.93') to an iron pipe found; thence proceeding from said iron pipe found N 2 ø -34'-43" W in and along the easterly right-of-way of US Route 7 for a distance of thirty four and fifty seven hundredths feet (34.57') to an unmonumented point; thence proceeding from said unmonumented point in and along the easterly right-of-way of US Route 7 on a curve having a radius of one thousand three hundred ninety nine and sixty nine hundredths feet (R=1399.69') and a length of one hundred eighty seven and zero four hundredths feet (L=187.04') to an unmonumented point; thence proceeding from said unmonumented point S 89 ø -51'-46" E for a distance of two hundred forty and forty six hundredths feet (240.46') to an unmonumented point; thence proceeding from said unmonumented point S 0 ø -08'-14" W for a distance of one hundred thirty five and zero hundredths feet (135.00') to an unmonumented point; thence proceeding from said unmonumented point N 89 ø -51'-46" W for a distance of forty and zero hundredths feet (40.00') to an unmonumented point; thence proceeding S 0 ø -08'-14" W for a distance of four hundred and zero hundredths feet (400.00') to an unmonumented point; thence proceeding from said unmonumented point N 89 ø -51'-46" W for a distance of one hundred eighty five and zero hundredths feet (185.00') to the point or place of beginning.

Said parcel contains 2.53 acres.

Parcels A & B are depicted on mylar slide #355, filed in the Colchester Land Records on February 2, 2001.

This Executive Order shall take effect upon execution.

Dated October 5, 2001.

29-30. (No. 06-02) [Transfer of Certain Lands and Rights of the Agency of Transportation, located in the Town of Guilford, to the Agency of Natural Resources, Department of Forest, Parks, and Recreation.

WHEREAS, certain lands and rights hereinafter described and located in the Town of Guilford, County of Windham, and State of Vermont, and known as the Guilford Welcome Center, are presently under the jurisdiction and control of the State of Vermont's Agency of Transportation; and

WHEREAS, the Agency of Transportation desires to transfer to the Agency of Natural Resources certain land and rights regarding mitigation for impact upon a deer wintering area in accordance with a Memorandum of Agreement dated April 4, 1996; and

WHEREAS, the Agency of Natural Resources will, upon transfer, be responsible for the management of a designated deer wintering habitat area and associated forested habitat buffer zone.

NOW THEREFORE, I, Howard Dean, M.D., by the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Natural Resources, Department of Forest, Parks, and Recreation, lands and rights of the Agency of Transportation, located in the Town of Guilford and being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont, Agency of Transportation by Victoria George by Warranty Deed dated March 13, 1996, which is recorded in Book 87, Page 17 of the Town of Guilford Land Records, and being more particularly described as follows:

Being a parcel of land consisting of 41.34 acres, more or less, of which 25.23 acres is designated as deer wintering habitat area and 16.11 acres is designated as a forested habitat buffer zone. The parcel of land is shown on a plat entitled "State of Vermont Agency of Transportation, Wildlife Habitat at Guilford Welcome Center, Date of Survey: May, 2001", and which plat is dated April 16, 2002 and attached hereto and made a part hereof.

The State of Vermont, Agency of Transportation reserves the right to maintain or replace a fence and drainage structures necessary for the Welcome Center, located on the land to be transferred herein.

This transfer is subject to conditions stated in the Memorandum of Agreement between the Agency of Transportation and the Agency of Natural Resources, dated April 4, 1996.

Dated June 27, 2002.

29-31. (No. 04-03) [Transfer of Land from Agency of Transportation to Agency of Natural Resources in Clarendon.

WHEREAS, certain land hereinafter described and located in the Town of Clarendon, County of Rutland, and State of Vermont, is presently under the jurisdiction and control of the State of Vermont Agency of Transportation; and

WHEREAS, the Agency of Transportation desires to transfer to the Agency of Natural Resources certain land no longer needed for transportation purposes; and

WHEREAS, the Agency of Natural Resources has requested this land be transferred to it in order to provide a parking area and pedestrian path to access the swimming area in the "Lower Clarendon Gorge."

NOW THEREFORE, I, James H. Douglas, by the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Natural Resources, Department of Forests, Parks and Recreation, land of the Agency of Transportation, located in the Town of Clarendon and being more particularly described as follows:

Being part of the same land and premises acquired by the State of Vermont as part of the original US Route 7 which came into the State Highway System on April 1, 1931 and part of the segment of State Highway discontinued in accordance with 19 V.S.A. Sections 10 (14) and 771; such discontinuance is dated August 19, 2002 and is recorded in Book 108, Pages 119-126 of the Land Records of the Town of Clarendon, being further described as follows, viz:

Beginning at a point in the centerline of the former U.S. Route 7 located on the east side of the present U.S. Route 7 constructed as Highway Project Wallingford-Clarendon AP 019-2 (2), said point being located in the westerly property line of land now or formerly owned by James H. Byrne;

thence continuing in the above referenced centerline and property line the following courses and distances:

S 05 ø 45" W 113.3 feet;

S 11 ø 18" 45' W 393.6 feet;

S 13 ø 10" 50' W 264.3 feet;

S 26 ø 17" 20' W 182.2 feet;

S 28 ø 06" 20' W 218.2 feet;

The above centerline is as shown on a survey plat dated September 2001 prepared by Tinker Surveys entitled, "Survey of Lands of James H. Byrne, Mill River Lower Gorge Area," filed on January 15, 2002 in the office of the Town Clerk of the Town of Clarendon.

The land being conveyed is located between the above centerline and a line located 24.75 feet westerly from and parallel to the centerline.

This transfer is subject to conditions stated in the Memorandum of Agreement between the Agency of Transportation and the Agency of Natural Resources, dated March 19, 2003.

Dated May 6, 2003

29-32. (No. 05-03) [Transfer of Land from Agency of Administration, Department of Buildings and General Services to Agency of Transportation in Waitsfield.

WHEREAS, it appears that certain land and premises located in the Town of Waitsfield, County of Washington and State of Vermont, hereinafter described and presently under the jurisdiction and control of the State of Vermont, Agency of Administration, Department of Buildings and General Services, has become and is no longer necessary for purposes of the Department of Buildings and General Services; and

WHEREAS, the Agency of Transportation, desires the use of said land and premises for its purposes;

NOW THEREFORE, I, James H. Douglas, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Administration, Department of Buildings and General Services to the jurisdiction and control of the Agency of Transportation for its purposes the following described land and premises, to wit:

Being all the same land and premises conveyed to the State of Vermont by Warranty Deed of Patrick J. Collins dated February 12, 1997 and recorded in Book 77, Pages 59-64 of the Waitsfield Land Records.

Being part of all and the same land and premises conveyed to Patrick J. Collins by Judgment and Decree of Foreclosure in the matter of Patrick J. Collins v. Robert C. Dowdell, Sandra L. Dowdell, Mariden Corporation d/b/a Solid Seal Systems, National Seal Company and Everett J. Prescott, Inc., Washington Superior Court, Docket No. 536-9-94 Wncvf dated March 20, 1995 and Certificate of Non-Redemption, in the above mentioned matter, dated April 28, 1995 and recorded May 3, 1995 in Book 10, Pages 645-650 of the Waitsfield Land Records.

The land and premises are further described as being part of all and the same land and premises conveyed to Robert C. Dowdell and Sandra L. Dowdell by Warranty Deed of Patrick J. Collins and Richard Mazzella dated September 4, 1987 and recorded in Book 53, Pages 493-494 of the Waitsfield Land Records.

The land and premises are further described as Lot #3 of Valley Park Subdivision as shown on a survey map entitled "Valley Park Subdivision" dated October 31, 1995 prepared by Gregory F. DuBois which survey is recorded on Slide #172 in the Waitsfield Land Records and more particularly described as follows:

Beginning at an iron rod found at the southwesterly corner of Lot #3, thence;

N 40 ø 31" 25' W 279.95 feet to a calculated point, thence;

N 50 ø 42" 18' E 27.09 feet to a calculated point, thence;

N 44 ø 32" 06' W 387.45 feet to a calculated point, thence;

N 41 ø 11" 06' E 26.79 feet to a calculated point, thence;

N 41 ø 11" 06' E 57.82 feet to a calculated point, thence;

N 19 ø 38" 00' E 316.68 feet to a calculated point, thence;

S 40 ø 54" 00' E 843.48 feet to an iron rod found, thence;

S 50 ø 42" 21' W 364.02 feet to the point of beginning.

There was included in said Warranty Deed of Patrick J. Collins dated February 12, 1997 and recorded in Book 77, Pages 59-64 of the Waitsfield Land Records a fifty foot wide right-of-way and easement in common over Lot 1 for the benefit of Lots 2 and 3 for all forms of transportation, utility and transmission purposes as shown on the above referenced survey map. Unless otherwise agreed, maintenance and repair of said right-of-way shall be shared equally.

Said conveyance of Patrick J. Collins includes a right-of-way and easement for a sewer line over Lot 1 and to an existing and approved common septic system located on Lot 1 to be shared by Lots l, 2 and 3 (Lot 2 subject to state and local approval). By acceptance of this deed, the lot owners herein agree to pay the costs of maintaining and repairing the common septic system and appurtenant facilities. The easements provided for herein shall be subject to all state permit requirements and neither the Grantors herein nor the Grantees herein nor their respective heirs, successors or assigns, shall do anything in the easement areas herein provided for, which shall in any way infringe upon the use of the land for the septic system herein provided for. The easement areas included herein shall include sufficient lands surrounding the septic system and appurtenant facilities so that necessary construction, maintenance and repair work can be carried out, all work to be done in a good and workmanlike manner. Access to the easement areas shall be over Lot 1 for any construction, maintenance or repair of the septic system easement areas and appurtenant facilities.

Maintenance of any common elements of the common septic system shall be shared equally by the users thereof. Lot owners shall be individually responsible for any portions and elements of said system which are not shared and are individually owned, and which shall be individually maintained.

Said conveyance of Patrick J. Collins includes an undivided one-third interest in an existing drilled well located on Lot 1 to be shared by Lots 1, 2 and 3 (Lot 2 subject to state and local approval) including waterline easements for the purpose of supplying an adequate water supply to Lot 3 to comply with the requirements of Water Supply and Wastewater Disposal Permit WW-5-0327 dated October 22, 1991 and any amendments thereto and Subdivision Permit EC-5-2534 dated July 12, 1995 and including the right to enter upon Lot 1 to construct and maintain Lot 3's portion of the water distribution system. The owner of Lot 1 shall be responsible for maintaining and repairing said well. Lot owners shall be individually responsible for any portions and elements of said system which are not shared and are individually owned, and which shall be individually maintained.

Also included in said conveyance of Patrick J. Collins is the replacement easement as contained in the Easement Deed of Robert C. Dowdell and Sandra L. Dowdell to Patrick J. Collins dated February l, 1995 and recorded February 16, 1995 in Book 71, Pages 269-271 of the Waitsfield Land Records for the benefit of Lots 1, 2 and 3.

Subject to Land Use Permit 5W0530 recorded April 22, 1979 in Book 33, Pages 296-297, 5W0530-1 recorded in Book 40, Pages 439-440, 5W0530-2 recorded in Book 61, Page 197-200, 5W0530-3 Revised recorded in Book 73, Page 44-46, 5W0530-5 recorded in Book 75, Page 492-494, Deferral of Permit DE-5-2917 recorded July 17, 1995 in Book 72, Pages 517-518, Water Supply and Wastewater Disposal Permits WW- 0629 recorded October 25, 1995 in Book 73, Page 355 and WW-5-0327 recorded October 25, 1995 in Book 73, Page 354 and SW-1-1215 recorded October 25, 1995 in Book 73, Pages 356-358, all in the Waitsfield Land Records. And also subject to Waitsfield Zoning Board of Adjustment Permit No. 2011.

Subject to and with the benefit of all rights, easements, restrictions and rights-of-way of record.

Reference is hereby made to the above-mentioned Deed, the Certificate of Non-Redemption and their records and to the Waitsfield Land Records for a more particular description of the land and premises.

This Executive Order shall take effect upon execution.

Dated June 16, 2003.

29-33. (No. 06-03) [Transfer of Land from Agency of Administration, Department of Buildings and General Services to Agency of Transportation in Brandon.

WHEREAS, it appears that certain land and premises located in the Town of Brandon, County of Rutland and State of Vermont, hereinafter described and presently under the jurisdiction and control of the State of Vermont, Agency of Administration, Department of Buildings and General Services, has become and is no longer necessary for purposes of the Department of State Buildings and General Services; and

WHEREAS, the Agency of Transportation, desires the use of said land and premises for its purposes;

NOW THEREFORE, I, James H. Douglas, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Administration, Department of Buildings and General Services to the jurisdiction and control of the Agency of Transportation for its purposes the following described land and premises, to wit:

Being all the same land and premises conveyed by the Brandon Industrial Corporation to the State of Vermont by Limited Warranty Deed dated May 9, 1997 and recorded in the Land Records of the Town of Brandon at Book 128, Pages 210-212.

Also being a portion of the lands and premises conveyed by the State of Vermont to Brandon Industrial Corporation by Warranty Deed dated June 30, 1993 and recorded in the Land Records of the Town of Brandon at Book 114, Pages 350-352 and being more particularly described as follows:

Beginning at a point marked (or to be marked) by a capped rebar, which said point marks the northeasterly corner of said lands and premises conveyed by said State of Vermont to said Brandon Industrial Corporation and the northeasterly corner of the lands and premises hereby conveyed, which said point is located in the supposed westerly line of the right of way of State Aid Highway No. 7 (the Arnold District Road, so-called);

thence proceeding in and along the supposed westerly line of the right of way of said State Aid Highway No. 7 S 10 ø 22" 08' E a distance of 360 feet to a point marked (or to be marked) by a capped rebar, which said point marks the southeast corner of the lands and premises hereby conveyed, which said point is located in the northerly line of a road or roadway (the "Park Drive") constructed or to be constructed in the Edward K. Denecke Industrial Park, Brandon, Vermont;

thence, proceeding in and along the northerly line of said Park Drive the following four courses and distances: S 79 ø 37" 52' W a distance of 198.03 feet to a point; S 83 ø 43" 14' W a distance of 91.41 feet; thence turning to the right in an arc with a radius of 318.19 feet a distance of 58.19 feet; thence N 68 ø 41" 52' W a distance of 85.19 feet to a point marked (or to be marked) by a capped rebar, which said point marks the southwest corner of the lands and premises hereby conveyed;

thence, proceeding N 18 ø 00" 27' E a distance of 444.86 feet to a point marked (or to be marked) by a capped rebar, which said point is located in the line of lands now or formerly of Barbarise;

thence, S 72 ø 09" 37' E a distance of 229.59 feet to the point and place of beginning.

The parcel of land described above is said to contain 3.13 ñ acres and is denominated Lot B on a plan by Bruno Associates, Inc., P.C. entitled "Lot Layout Plan for Brandon Industrial Corp. in Brandon, Vermont, scale 1 inch equals 150 feet, dated September 11, 1996".

The within conveyance is made subject to the sewer and water easements, the pump station and easements, and all other common elements, and the rights of others therein, shown on said Lot Layout Plan. The within conveyance also is made subject to the following:

  1. The Declaration of Protective Covenants for the Edward K. Denecke Industrial Park, Brandon, Vermont recorded in the Land Records of the Town of Brandon at Book 125, Page 610, as modified by the Modification to Declaration of Protective Covenants for Vermont Tubbs, Inc., dated May 21, 1996 and recorded in the Land Records of the Town of Brandon at Book 126, Page 30;
  2. State of Vermont, Subdivision Permit No. EC-1-1329-1, dated June 28, 1996;
  3. State of Vermont, Subdivision Permit No. EC-1-1329-2, dated June 28, 1996; which, by its terms, supersedes Subdivision Permit No. EC-1-1329 dated March 4, 1992;
  4. State of Vermont Subdivision Permit No. E.C.-1-1329-3, dated September 11, 1996;
  5. Land Use (Act 250) Permit No. 1R0712, as amended.

    Together with the right, in common with others, to use said Park Drive, the sewer and water lines and easements, the pump station and easements, and all other common elements, now existing or to be constructed, of, in and a part of said Edward K. Denecke Industrial Park and subject also to the rights of others to use all of same in common with the Brandon Industrial Corporation.

    This Executive Order shall take effect upon execution.

    Dated June 16, 2003.

29-34. (No. 07-03) [Transfer of Land from Agency of Administration, Department of Buildings and General Services to Agency of Transportation in Ludlow.

WHEREAS, it appears that certain land and premises located in the Town of Ludlow, County of Windsor and State of Vermont, hereinafter described and presently under the jurisdiction and control of the State of Vermont, Agency of Administration, Department of Buildings and General Services, has become and is no longer necessary for purposes of the Department of Buildings and General Services; and

WHEREAS, the Agency of Transportation, desires the use of said land and premises for its purposes;

NOW THEREFORE, I, James H. Douglas, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Administration, Department of Buildings and General Services to the jurisdiction and control of the Agency of Transportation for its purposes the following described land and premises, to wit:

Being all and the same lands and premises as conveyed to the State of Vermont by Warranty Deed of Michael G. Rowe and Donna J. Rowe, dated May 10, 1995, and recorded in Book 155, Pages 24-25 of the Ludlow Land Records.

Reference is hereby made to a survey entitled, "Survey of Lands of State of Vermont", prepared by Courcelle Surveying Co. and dated, Sept. 9, 2002, and recorded on October 8, 2002, in File No. 164C of the Ludlow Land Records, and in said survey said land and premises are more particularly described as follows:

Beginning at an iron pin set in the northwesterly line of Rt. 100, said pin marks the northeast corner of lands of Roger Danyew, and the southeast corner of the herein described parcel.

Thence proceeding along the northerly line of said Danyew in the following courses:

N 35 ø -29"-30' W, a distance of 64.07 ft. to an iron pipe;

N 27 ø -31"-15' W, following a stonewall, a distance of 92.19 ft. to an iron pin set;

S 58 ø -07"-30' W, following a stonewall, a distance of 63.76 ft. to an iron pipe found;

N 53 ø -46"-30' W, a distance of 506.11 ft. to an iron pin set in a stonewall, said pin marks the northwest corner of said Danyew, the southwest corner of the herein described parcel and the easterly line of lands now or formerly J.P. Carrara & Sons.

Thence proceeding along the east line of said Carrara, marked by a stonewall, in the following courses:

N 29 ø -23"-45' E, a distance of 190.35 ft. to a point;

N 42 ø -47"-45' of 109.33 ft. to a point;

N 12 ø -36"-30' E a distance of 147.41 ft. to an axle found in the intersection of a stonewall, said axle marks the northwest corner of the herein described parcel and the southerly line of lands of Theresa Pierce.

Thence proceeding along the southerly line of said Pierce, marked by a stonewall, in the following courses:

S 74 ø -45"-45' E, a distance of 196.54 ft. to a point;

N 89 ø -09"-45' E, a distance of 27.37 ft. to a point;

S 85 ø -43"-30' of 42.11 ft. to a point;

S 47 ø -08"-15' E, a distance of 121.19 ft. to a point;

S 37 ø -23"-45' E, a distance of 55.61 ft. to a point;

S 44 ø -09"-00' E, a distance of 92.85 ft. to a point;

S 26 ø -52"-30' E, a distance of 93.95 ft. to a point;

S 05 ø -49"-00' E, a distance of 60.95 ft. to a point;

S 06 ø -07"-15' W, a distance of 29.74 ft. to a point;

S 14 ø -34"-15' W, a distance of 51.31 ft. to a point;

S 43 ø -46"-45' W, a distance of 64.41 ft. to a point;

S 47 ø -11"-30' W, a distance of 45.46 ft. to an iron pin set;

Thence continuing along the southerly lines of said Pierce and the southerly lines of lands of Alston Springer a course of S 42 ø -27"-45' E, a distance of 150.23 ft. to an iron pin set in the northwesterly line of the aforementioned Rt. 100, said pin marks the northeasterly corner of the herein described parcel.

Thence proceeding along the northwesterly line of said Rt. 100 a course of S 50 ø -58"-00' W, a distance of 206.00 ft. to the iron pin marking the point of beginning.

The above-described parcel contains 7.4 acres of land, more or less.

The above-described land and premises are subject to and benefited by any rights, easements or restrictions as may be of record and are specifically subject to and benefited by Land Use Permit 2S0936-1.

This Executive Order shall take effect upon execution.

Dated June 16, 2003.

29-35. (No. 09-03) [Transfer of part of Middlebury garage property, located along the Otter Creek, from the Agency of Transportation to the Agency of Natural Resources.

WHEREAS, certain state-owned land (the "Property") located in the Town of Middlebury, County of Addison and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Agency of Transportation; and

WHEREAS, the Agency of Transportation has determined the Property to be surplus to its needs; and

WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife desires to obtain jurisdiction and control of the Property for the purposes of habitat protection, wildlife management and perpetual conservation of wetland habitat;

NOW THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by the power vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Transportation to the Agency of Natural Resources, Department of Fish and Wildlife, for the above purposes, jurisdiction and control of the following state-owned land:

Being part of the same land and premises conveyed to the State of Vermont by Charles F. Rogers by his Warranty Deed dated October 30, 1939, which is recorded in the land records of the Town of Middlebury at Book 46, Page 574, having been received for record on November 10, 1939. The part to be transferred is more particularly described as follows:

Being a strip of land that lies between the public highway known as Otter Creek Road (Town Highway #19) and the Otter Creek. This strip of land is believed to contain about six-tenths of an acre, more or less.

In aid of the above description, reference may be had to a survey entitled, in part, as follows:

CHARLES F. ROGERS

ELDRIDGE LOT IN MIDDLEBURY

TO

STATE OF VERMONT

Scale: 1' = 50"

A copy of this survey is on file in the property records of VTrans' Division of Operations, located in Montpelier, Vermont.

The remaining portion of the former Rogers property, located easterly of Otter Creek Road (Town Highway #19) shall remain under the jurisdiction and control of the Agency of Transportation.

This executive order shall take effect upon execution.

Dated June 12, 2003.

29-36. (No. 07-06) [Transfer of Certain Easements and Rights in Middlesex from the Agency of Natural Resources to the Agency of Transportation.

WHEREAS, it appears that certain easements and/or rights on land hereinafter described and located in the Town of Middlesex, County of Washington, and State of Vermont are presently under the jurisdiction and control of the Agency of Natural Resources, Department of Environmental Conservation; and

WHEREAS, the Agency of Transportation desires the use of said easements and/or rights on lands for its purposes in connection with the construction of Highway Project Middlesex BRF 0241 (32).

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to the Agency of Transportation jurisdiction and control over certain easements and/or rights on land of the Agency of Natural Resources, Department of Environmental Conservation for its purposes, said easements and/or rights being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by the following instruments:

Warranty Deed from John A. Forbes and Sarah V. Forbes dated April 17, 1986, which is recorded in Book 21, Page 42; and

Warranty Deed from Albert J. LaChapelle and Mattie K. LaChapelle dated July 22, 1933, which is recorded in Book 20, Page 163, both of the land records of the Town of Middlesex and being more particularly described as follows:

Being Parcels #1A, 1B and 1C, consisting of easements and/or rights on land as shown on Pages 15, 16 and 17 of the plans for Highway Middlesex BRF 0241 (32) ("the Highway Project") as filed on the 30th day of November, 2005 in the office of the clerk of the Town of Middlesex.

In connection with the above parcels, the following easements are conveyed:

Temporary easements during the period of construction to enter upon land of the grantor, for construction purposes, including, but not limited to, the right to cut and dispose of all trees, stubs, brush, bushes and debris and down timber; install erosion control barriers and project demarcation fence as necessary; and undertake general construction functions; in an area of 191.8 square meters (2,064 square feet), more or less, located left of and between approximate stations 2000+004.28 and 2000+067.93; in an area of 272.7 square meters (2,935 square feet), more or less, located right of and between approximate stations 1999+998.42 and 2000+068.24; in an area of 278.7 square meters (3,000 square feet), more or less, located right of and between approximate stations 2000+086.08 and 2000+211.64; and in an area of 382.8 square meters (4,006 square feet), more or less, located left of and between approximate stations 2000+084.67 and 2000+208.26; all stations are of the established centerline of the Highway Project.

Permanent easements to extend and maintain highway slopes and embankments in areas of 44.8 square meters (482 square feet), more or less, 17.5 square meters (188 square feet), more or less, 331.9 square meters (3,573 square feet), more or less, and 258.1 square meters (2,778 square feet), more or less, as shown on the aforesaid Highway Project plans. The right to install temporary erosion control barriers may be included within the permanent slope easements as noted on the project plans, together with the right to keep the erosion control barriers clear of debris and functioning properly throughout the construction of the project.

The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion, in accordance with the standard practice of highway construction. The State of Vermont shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff, and other objectionable materials, structures, growth, and any other thing of whatever kind or nature from said slope areas.

A temporary easement, in an area of 0.12 hectare (0.30 acre), more or less, to enter upon land of the grantor during the period of construction to construct and use a temporary two-way vehicular detour, right of and between approximate stations 2000+010.55 and 2000+142.74 of the established centerline of the Highway Project.

Temporary easements to enter upon land of the grantor, during the period of construction to construct a wildlife path; in an area of 3.4 square meters (37 square feet), more or less, right of and between approximate stations 2000+060.94 and 2000+064.95; in an area of 0.5 square meters (5 square feet), more or less, right of and between approximate stations 2000+091.07 and 2000+092.84; and in an area of 1.5 square meters (16 square feet), more or less, left of and between approximate stations 2000+087.87 and 2000+090.76; all stations are of the established centerline of the Highway Project.

This Executive Order shall take effect upon signing.

Dated October 30, 2006.

29-37. (No. 02-07) [Transfer of Certain Land and Rights in Orange from the Agency of Natural Resources to the Agency of Transportation.

WHEREAS, certain state-owned land (the "Property") located in the Town of Orange, County of Orange and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the State of Vermont, Agency of Natural Resources, Department of Environmental Conservation; and

WHEREAS, the Agency of Natural Resources has determined the Property to be surplus to its needs; and

WHEREAS, the State of Vermont, Agency of Transportation desires to obtain jurisdiction and control of the Property for the purposes of replacing the existing maintenance buildings currently on the site.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Agency of Natural Resources to the Agency of Transportation for the above purposes, jurisdiction and control of the following state-owned land:

Being part of the same land and premises conveyed to the State of Vermont by Leroy E. Nelson by his Warranty Deed dated May 25, 1936, which is recorded in the land records of the Town of Orange in Book 22 Page 99, having been received for record on June 5, 1936.

The Property herein transferred is a parcel of land containing 6.1 acres, more or less, and is bounded southerly by U.S Route 302 (AKA William Scott Memorial Highway); westerly by Town Highway No. 1 (AKA Reservoir Road); northerly and easterly by lands remaining under the jurisdiction and control of the Agency of Natural Resources, Department of Environmental Conservation. The herein transferred Property is more particularly described as follows:

Beginning at the point of intersection of the northerly right-of-way limit of U.S. Route 302 and the easterly right-of-way limit of Town Highway No. 1. Said point of intersection having a Vermont State Plane Grid coordinate (VSPG) of 602,371.03 feet North and 1,658,746.05 feet East.

Thence running in and along the easterly right-of-way limit of said Town Highway No 1 the following seven courses:

  1. N 25ø 36' 08" W - 238.61 feet to VSPG coordinate 602,586.21 feet North and 1,658,642.95 feet East, which point is 24.75 feet east of centerline PT Station 109+74.53;
  2. 51.14 feet along a curve to the left with a delta of 4ø 55' 36' and a radius of 594.75 feet to VSPG coordinate 602,631.32 feet North and 1,658,618.89 feet East, which point is 24.75 feet east of centerline PC Station 109+25.52;
  3. N 30ø 31' 43" W - 231.35 feet to VSPG coordinate 602,830.60 feet North and 1,658,501.37 feet East, which point is 24.75 feet east of PT Station 106+94.17;
  4. 110.61 feet along a curve to the right with a delta of 11ø 41' 31" and a radius of 547.75 feet to VSPG coordinate 602,930.89 feet North and 1,658,455.15 feet East, which point is 24.75 feet east of centerline PC Station 105+77.33;
  5. N 18ø 50' 12" W - 83.44 feet to VSPG coordinate 603,009.86 feet North and 1,658,428.21 feet East, which point is 24.75 feet east of PT Station 104+95.07;
  6. 393.54 feet along a curve to the right with a delta of 52ø 00' 00" and a radius of 432.62 feet to VSPG coordinate 603,387.06 feet North and 1,658,475.62 feet East, which point is 24.75 feet east of centerline PC Station 100+79.06;
  7. N 33ø 09' 48" E - 79.98 feet to VSPG coordinate 603,454.02 feet North and 1,658,519.37 feet East, which point is 24.75 feet east of POT Station 100+00.00,  and is the northwest corner of the parcel herein transferred. Said point is to be marked by an Iron Pin to be set.

    Thence turning and running along land remaining under the jurisdiction and control of the Agency of Natural Resources, Department of Environmental Conservation, the following four courses:

    1. S 58 ø 57' 26" E - 271.47 feet to VSPG coordinate 603,314.02 feet North and 1,658,751.96 feet East, which point is to be marked by an Iron Pin to be set;

    2. S 11 ø 03' 55" W - 63.44 feet to VSPG coordinate 603,251.77 feet North and 1,658,739.79 feet East, which point is to be marked by an Iron Pin to be set;

    3. S 70 ø 59' 49" E - 50.00 feet along a fence to VSPG coordinate 603,314.02 feet North and 1,658,751.96 feet East, which point is to be marked by an Iron Pin to be set;

    4. S 00 ø 49' 24" E - 888.87 feet to VSPG coordinate 602,346.93 feet North and 1,658,799.80 feet East, which point is to be marked by an Iron Pin to be set in the northerly right-of-way limit of the aforementioned U.S. Route 302.

    Thence turning and running along in the northerly right-of-way limit of said U.S. Route 302, N 65 ø 48' 36" W - 71.18 feet to the point of beginning.

    Also transferred to the jurisdiction and control of the Agency of Transportation are any rights the Agency of Natural Resources, Department of Environmental Conservation, may have in and to those lands located between the existing centerlines of U.S. Route 302 and Town Highway No. 1, and the parcel herein described and transferred.

    In addition to the above described land, also transferred hereby is the right to enforce the conditions and restrictions contained in a certain Quitclaim Deed from the State of Vermont to the Town of Orange dated July 13, 2005 and recorded in Book 45 at Page 327 of the Orange Land Records.

    In aid of the above description, reference may be had to a survey entitled, in part, as follows:

    A copy of this survey is on file in the property records of the Agency of Transportation, located in Montpelier, Vermont.

    The herein described parcel of land is transferred subject to all existing licenses, leases, and easements, including, but not limited to, the present agricultural use of a portion of the herein transferred parcel.

    The remaining portion of the former Leroy E. Nelson property shall remain under the jurisdiction and control of the Agency of Natural Resources.

    This Executive Order shall take effect upon execution.

    Dated March 28, 2007.

STATE OF VERMONT

AGENCY OF TRANSPORTATION

ORANGE GARAGE

Scale: 1" = 50'

Date: 8/24/06

29-38. (No. 07-07) [Transfer of Land in Lowell from the Agency of Transportation to the Agency of Natural Resources.

WHEREAS, certain state-owned land (the "Property") located in the Town of Lowell, County of Orleans and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Agency of Transportation; and

WHEREAS, the Agency of Transportation has determined the Property to be surplus to its needs; and

WHEREAS, the Agency of Natural Resources desires to obtain jurisdiction and control of the Property for the purposes of using it in a legislatively approved land swap with the abutting property owner, Chip Percy.

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Agency of Transportation to the Agency of Natural Resources for the above purposes, jurisdiction and control of the following state-owned land:

Being all of the same land and premises conveyed to the State of Vermont by Leo S. and Ruth S. Stearns by Warranty Deed dated June 26, 1958, which is recorded in the land records of the Town of Lowell in Book 23 Page 33, having been received for record on August 6, 1958, and therein more particularly described as follows:

"Beginning at a point in the northwesterly boundary of the present highway Vermont Route 100, 85 feet distant measured at right angle from survey station 1194 + 10 of the established center line of Highway Project Lowell F 79(9);

  1. Thence 90 feet, more or less, N 33ø-08' W to a point,
  2. Thence 40 feet, more or less, N 46ø-08' W to a point;
  3. Thence 335 feet, more or less, N 57ø-23' W to a point;
  4. Thence 55 feet, more or less, N 26ø-43' W to a point;
  5. Thence 65 feet, more or less, N 00ø-32' E to a point;
  6. Thence 50 feet, more or less, N 50ø-17' E to a point;
  7. Thence 600 feet, more or less, N 62ø-02' E to a point;
  8. Thence 422 feet, more or less, N 52ø-32' E to a point;
  9. Thence 240 feet, more or less, N 45ø-47'E to a point;
  10. Thence 44 feet, more or less, N 58ø-47' E to a point;
  11. Thence 55 feet, more or less, N 71ø-32' E to a point, said point believed to be in the property line between said grantors and Clayton H. and Florence E. Hoadley;
  12. Thence 250 feet, more or less, S 42ø-38' E in said believed property line to a point in the northwesterly boundary of the present highway Vermont Route 100 aforesaid, said point also being 70 feet distant northwesterly measured at right angle from survey station 1180 + 58 of said established center line;
  13. Thence 450 feet, more or less, S 43ø-22' W in said northwesterly highway boundary to a point 70 feet distant northwesterly measured at right angle from survey station 1185 + 00 of said established center line;
  14. Thence 215 feet, more or less, S 65ø-22' W to a point 150 feet, more or less, distant northwesterly measured at right angle from survey station 1187 + 00 of said established center line;
  15. Thence 712 feet, more or less, S 38ø-52' W to the point of beginning. Said parcel to contain 8 acres, more or less."

    Excepted and reserved from this transfer is the right of the Agency of Transportation to construct, inspect, maintain, and replace culverts at or near stations 1181 + 50 and 1184 + 50 of the centerline of Vermont Route 100, as established by Highway Project Lowell F 79(9).

    Reference may be made to a plan entitled "Wayside Rest Area, Site No. 12-1, Lowell Vermont, Fund 25.12," and to sheets 25 and 26 of 89 sheets of the plans for Highway Project Lowell F 79(9), on file in the property records of the Agency of Transportation and the Town of Lowell's land records.

    The Property is a parcel of land known locally as "Fiddler's Elbow" containing 8 acres, more or less, and is bounded northerly by the present Vermont Route 100 and otherwise bounded by the former Vermont Route 100.

    The fee simple absolute interest of the herein described parcel of land is transferred subject to the afore-mentioned culvert easements and all existing licenses, leases, and easements.

    This Executive Order shall take effect upon execution.

    Dated November 6, 2007.

29-39. (No. 02-08) [Transfer of Land in Bennington from the Agency of Transportation to the Agency of Natural Resources.

WHEREAS, certain lands and rights hereinafter described and located in the Town of Bennington, County of Bennington, and State of Vermont, and known as Whipstock Hill, are presently under the jurisdiction and control of the State of Vermont, Agency of Transportation; and

WHEREAS, the Agency of Transportation desires to transfer to the Agency of Natural Resources, Department of Fish and Wildlife, a certain parcel of land to be used as a deer wintering area; and

WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife will, upon transfer, be responsible for the management of a designated deer wintering habitat area and associated forested habitat buffer zone, on the parcel described below;

NOW THEREFORE, I, James H. Douglas, by the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Natural Resources, Department of Fish and Wildlife, a parcel of land, being more particularly described as follows:

Being part of the same lands and premises conveyed to the State of Vermont, Agency of Transportation by Woodland Heights Realty Company by Warranty Deed dated March 16, 2000, which is recorded in Book 359, Page 155 of the Town of Bennington Land Records, and being more particularly described as follows:

Being a parcel of land, as shown on a plat entitled "Bennington - Hoosick, NY D.P.I. 0146(1) Whipstock Hill Deer Mitigation Unit" date of Survey: November 15, 2005 and which plat is dated September 6, 2007 and attached hereto and made a part hereof.

Being Parcel #1B2 consisting of 349.7 Acres, more or less, and Parcel #1B3 consisting of 75.1 Acres, more or less, land and rights therein, as shown on the aforementioned plans of said Highway Project Bennington - Hoosick, NY D.P.I. 0146(1) to be recorded in the office of the Clerk of the Town of Bennington.

Reference also may be made to Parcel 1B as shown on pages 43-48 of the plans of Highway Project Bennington-Hoosick D.P.I. 0146(1) as filed in the office of the Clerk of the Town of Bennington in aid of a more complete description.

Except and reserved from this transfer is the continued right on the part of the State of Vermont, Agency of Transportation to:

- limit access, air, view and light, including all rights of ingress, egress and regress to, from, between and across the above described parcel and the limited-access highway facility known as Vermont Route 279.

- limit building of any structures over a maximum elevation above sea level of 840 feet.

Also excepted and reserved from this transfer are rights to build, maintain, and replace a certain air navigation beacon, along with a right-of-way to the beacon, all as more particularly described in a Warranty Deed dated March 8, 1973 from Ferdinand L. Mayer and Katherine D. Mayer to the State of Vermont Aeronautics Board, which is recorded in Book 0-201 and Page 174 of the land records of the Town of Bennington.

In the event that the parcel of land transferred by this executive order is not used for the purposes described above, it will revert to the control of the Agency of Transportation.

This Executive Order shall take effect upon execution.

Dated April 10, 2008.

29-40. (No. 03-08) [Transfer of Land in Topsham from Agency of Transportation to Department of Public Safety.

WHEREAS, certain state-owned land (the "Property") located in the Town of Topsham, County of Orange and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Agency of Transportation; and

WHEREAS, the Agency of Transportation has determined the Property to be surplus to its needs; and

WHEREAS, the Department of Public Safety desires to obtain jurisdiction and control of the Property for the purposes of consolidating control over all radio tower properties used by the Department of Public Safety.

NOW, THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by the power vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Agency of Transportation to the Department of Public Safety, for the above purposes, jurisdiction and control of the following state-owned land:

Being all and the same land and premises conveyed by July 5, 1963 warranty deed of Hall, Rose, and John Peterson to the State of Vermont, which is recorded in the Topsham land records at Book 34, Page 338, having been received for record on July 5, 1963. This parcel, which contains 10.0 acres more or less, is more particularly described as follows:

"Beginning at a point in the northerly boundary of a road (not a town highway but surveyed as referenced below), which point is approximately 0.24 mile westerly from Town Highway 38;

  1. Thence 385 feet, more or less, northerly and along a fence line to a point marked by an iron pin;
  2. Thence along a tangent N 80ø 00' W (magnetic) a distance of 576.84 feet to a point marked by an iron pin;
  3. Thence along a tangent N 10ø 00' E (magnetic) a distance of 100.00 feet to a point marked by an iron pin;
  4. Thence along a tangent N 80ø 00' W (magnetic) a distance of 200.00 feet to a point marked by an iron pin;
  5. Thence along a tangent S 10ø 00 W (magnetic) a distance of 368.88 feet to a point marked by an iron pin;
  6. Thence along a tangent S 10ø 00 W a distance of 426.18 feet to a point marked by an iron pin;
  7. Thence along a tangent S 10ø 00 W to the northerly boundary of the present ancient road;
  8. Thence 860 feet, more or less, easterly in said northerly ancient road boundary to the point of beginning."

    Also transferred to the jurisdiction and control of the Department of Public Safety are any rights the Agency of Transportation may have in and to those lands located between the existing Town Highway 38 and the parcel herein described and transferred.

    In aid of the above description, reference may be had to two surveys entitled, in part, as follows:

    STATE OF VERMONT TOPSHAM

    Department of Highways Pierson Hill

    Town of Topsham Micro-wave relay station

    survey

    Project: Topsham 550-0713 By L. Carlson

    Scale: 1" = 100' May 1958

    Date: 9/10/1974

    Copies of these surveys are on file in the property records of Vermont Agency of Transportation's Division of Operations, located in Montpelier, Vermont.

    Reference may also be had to a survey at Book 34, Pages 330-31 of the Topsham land records.

    The herein described parcel of land is transferred subject to all existing licenses, leases, and easements, including, but not limited to, a lease with Washington Electric Cooperative, Inc. for use of the tower to maintain an antenna.

    This Executive Order shall take effect upon execution.

    Dated June 27, 2008.

29-41. (No. 06-08) [Transfer of Right of Way in Okemo State Forest, Ludlow, from the Department of Forests, Parks and Recreation to the Department of Fish and Wildlife.

WHEREAS, the Department of Fish and Wildlife has secured a right of way across the lands of Robin Anderson, in part with Federal funds received from the Wildlife Restoration Grant Program under Application for Federal Assistance W-58-L-1 administered by the U.S. Fish and Wildlife Service, for access for itself and the Department of Forests, Parks and Recreation from Town Highway #14, aka Rod and Gun Club Road, to certain state-owned land known as the former "Yankee Parcel", and

WHEREAS, the southern portion of the former "Yankee Parcel" is now owned by the Department of Forests, Parks and Recreation and managed as part of Okemo State Forest, located in the Town of Ludlow, County of Windsor and State of Vermont; and

WHEREAS, the northern portion of the former "Yankee Parcel" is now owned and managed by the Department of Fish and Wildlife as part of Tiny Pond Wildlife Management Area in the town of Ludlow, County of Windsor and State of Vermont; and

WHEREAS, the right of way across the lands of Robin Anderson was acquired for the purpose of improving access for wildlife habitat management and lands administration on the Tiny Pond Wildlife Management Area; and

WHEREAS, the southern portion of the "Yankee Parcel" contains existing wood roads that connect to Tiny Pond Wildlife Management Area; and

WHEREAS, the Department of Forests, Parks and Recreation wishes to convey a right of way to the Department of Fish and Wildlife to cross the southern portion of the "Yankee Parcel" to access Tiny Pond Wildlife Management Area.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Department of Forests, Parks and Recreation to the Department of Fish and Wildlife, both in the Agency of Natural Resources, for the above purposes, a general right of way across the southern portion of the "Yankee Parcel" over Okemo State Forest for the purpose of accessing Tiny Pond Wildlife Management Area for wildlife habitat management and lands administration, to wit:

Being part of the same land and premises conveyed to the State of Vermont, Agency of Natural Resources by the following instrument:

Limited Warranty Deed from The Trust for Public Land d/b/a Trust for Public Land Inc., dated December 31, 2002, which is recorded in Book 230, Pages 577-581.

This Executive Order shall take effect upon execution.

Dated December 16, 2008.

29-42. (No. 04-09) [Transfer of Certain Land and Easements and Rights in the Town of Cornwall from the Agency of Natural Resources to the Agency of Transportation.

WHEREAS, it appears that certain pieces of land and easements and/or rights on land hereinafter described and located in the Town of Cornwall, County of Addison, and the State of Vermont are presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife; and

WHEREAS, the Agency of Transportation desires the use of said land and easements and/or rights on lands for its purposes in connection with the construction of Transportation Project Cornwall BRS 0172(6).

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Transportation jurisdiction and control over certain land and easements and/or rights on land of the Agency of Natural Resources, Department of Fish and Wildlife for its purpose, said land and easements and/or rights being more particularly described as follows:

Being part of the same land and premises conveyed to Vermont Department of Fish and Wildlife by U.S. Department of Agriculture, Farm Service Agency by Quit Claim Deed, dated February 18, 2004, which is recorded in Book 59, Pages 412-417 of the Town of Cornwall land records.

Reference is hereby made to the above-mentioned conveyance and records thereof and to the following instruments of conveyance in aid of a more complete description and further chain of title:

Certificate of Non-Redemption, dated July 22, 1996, certified July 25, 1996 and recorded in Book 42, Page 586; Decree of Foreclosure, dated June 12, 1996, certified July 25, 1996 and recorded in Book 42, Pages 587-590; and Compliant of Foreclosure dated January 11, 1995 and recorded in Book 42, Pages 178-310, all in the matter of United States of America v. Jack W. Whipple, Helen P. Whipple and the Merchants Bank, Docket No. 2:95cv14, United States District Court, District of Vermont;

Warranty Deed from Margaret A. Payne to Jack Whipple and Helen Whipple, dated October 26, 1972, which is of record in Book 23, Pages 253-256;

all of the Town of Cornwall land records, and being more particularly described as follows:

ì Being Parcels #1A-1E consisting of 0.483 hectare (1.20 acre), more or less, land and rights therein, as shown on right-of-way detail sheet 1 and right-of-way sheets 26, 27 and 30 of the plans of Transportation Project Cornwall BRS 0172(6) ("the Transportation Project") to be filed in the office of the clerk of the Town of Cornwall, subsequently upon the execution of this instrument.

In connection with the above parcels the following easements and/or rights are conveyed:

Permanent easements, in an area of 319 square meters (3,434 square feet), more or less, located left of and between approximate stations 1+095.2 and 1+139.7 of the established centerline of the Transportation Project; in an area of 147 square meters (1,582 square feet), more or less, located right of and between approximate stations 2+045.9 and 2+117.8 of the Town Highway 33 centerline of the Transportation Project; to install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto, herein referred to as facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of the grantor. These easements also include the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by the State of Vermont, for the safe and efficient operation and maintenance of the facilities. The grantor, its successors and assigns, will not, without the prior written permission of the State of Vermont, Agency of Transportation, erect or permit the erection of any building or any other structure; plant or permit the growth of any trees or bushes; change the grade or permit the change of grade, or fill or excavate within these easement areas which will adversely affect the maintenance and operation by the State of Vermont, its successors and assigns.

A temporary easement, during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence, as necessary; and undertake general construction functions, in an area of 55 square meters (592 square feet), more or less, located right of and between approximate stations 1+165.2 and 1+190.4; in an area of 200 square meters (2,153 square feet), more or less, located right of and between approximate stations 2+023.6 and 2+103.0 of the established centerline of the Transportation Project.

A temporary easement in an area of 0.2 square meters (2 square feet), more or less, to enter upon land of the grantor, during the period of construction, to construct and use a temporary vehicular detour right of and between approximate stations 1+165.2 and 1+190.4 of the established centerline of the Transportation Project.

A temporary easement, during the period of construction, to extend highway slopes and embankments in an area of 150 square meters (1,615 square feet), more or less, as shown on the aforesaid Transportation Project plans.

The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The State of Vermont shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope area.

This Executive Order shall take effect upon signing.

Dated June 17, 2009.

29-43. (No. 05-09) [Transfer of Land in Duxbury, Vermont from the Vermont Department of Forests, Parks and Recreation to the Vermont Department of Buildings and General Services.

WHEREAS, certain state-owned land (the "Property") located in the Town of Duxbury, County of Washington and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Department of Forests, Parks and Recreation; and

WHEREAS, the Department of Forests, Parks and Recreation has determined the Property to be surplus to its needs; and

WHEREAS, the Department of Buildings and General Services desires to obtain jurisdiction and control of the Property for the purposes of including the Property as part of the legislatively approved sale of abutting parcels of land known as the Duxbury State Farm.

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of Vermont, do hereby transfer and set over from the Department of Forests, Parks and Recreation to the Department of Buildings and General Services for the above purposes, jurisdiction and control of the following state-owned land:

Meaning to transfer only those lands easterly of Route 100B under the jurisdiction and control of the Department of Forests, Parks and Recreation pursuant to Executive Order #11 dated May 2, 1973 and signed by Governor Thomas P. Salmon and as depicted on the map attached thereto and incorporated by reference herein.

Excepted and reserved from this transfer are all lands lying westerly of Route 100B under the jurisdiction and control of the Department of Forests, Parks and Recreation pursuant to said Executive Order #11 of 1973.

This Executive Order shall take effect upon execution.

Dated June 27, 2009.

EXECUTIVE ORDER

WHEREAS, it appears that certain land and premises located in the Town of Duxbury, County of Washington, State of Vermont, hereinafter described and presently under the jurisdiction of the VERMONT STATE HOSPITAL or the DIVISION OF STATE BUILDINGS, pursuant to Act #260, Section 51 of the Acts of 1971, has become and is no longer necessary to the Hospital for agricultural or woodland purposes:

NOW, THEREFORE, pursuant to the authority vested in me as Governor of Vermont, I, Thomas P. Salmon, do by this my Order, transfer and set over from the VERMONT STATE HOSPITAL of the DIVISION OF STATE BUILDING to the jurisdiction of the DEPARTMENT OF FORESTS AND PARKS, a part of the Agency of Environmental Conservation for its use and purposes the following described land and premises to wit:

All lands westerly of a line as shown on the map attached hereto and made a part of this transfer excepting therefrom any small areas of agricultural land presently under lease by the Division of State Buildings to Raphael M. and Joyce S. Lowe and such area as is needed for the State Hospital Summer camp. Any necessary right-of-way through the camp area to manage the woodland hereby conveyed shall have mutual agreement between the State Department using such right-of-way and a written agreement executed.

Also the woodland as shown on said map lying southerly of the main farm land and easterly of State Route 100.

In transferring this land to the Department of Forests and Parks said Department shall use reasonable care that snowmobiles and other motorized vehicles and their rubbish is diverted away from agricultural areas under lease.

Dated May 2, 1973

SEE ORIGINAL TO VIEW IMAGE

29-44. (No. 03-10) [Inter-Agency Tenant Committee for State-Owned Space.

WHEREAS, the State of Vermont currently owns and operates nearly four million square feet of space; and

WHEREAS, Section 269 of No. 152 Acts of 2000 authorized the creation of a Facilities Operations Revolving fund to appropriately reflect total space costs within State agency budgets, allocating the expenses by means of a rental charge to tenant State agencies (a "fee-for-space"); and

WHEREAS, the fee-for-space rates include maintenance and custodial services provided by the Department of Buildings and General Services to tenant agencies; and

WHEREAS, tenant State agencies seek a voice in the operation of their respective buildings, including staffing and scheduled repairs and maintenance, as well as a vehicle to find and implement efficiencies in such operations; and

WHEREAS, an on-going and collaborative effort with Department of Buildings and General Services and tenant agencies can result in space cost savings for tenant agencies;

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor, do hereby establish an Inter-Agency Tenant Committee for State-Owned Space (hereinafter the Tenant Committee).

The Tenant Committee, appointed by respective agency and department heads, shall consist of representatives from tenant State agencies and departments to include the Agency of Administration, the Agency of Human Services; the Agency of Natural Resources; the Agency of Transportation; the Department of Corrections; the Department of Education; the Department of Public Safety; and the Judiciary. The Governor shall appoint the Chair.

Administrative support to the Tenant Committee shall be provided by the Department of Buildings and General Services.

The Tenant Committee shall be advisory to the Governor, and shall meet at least quarterly or at the call of the Chair. The Committee shall have the following functions and duties:

  1. To engage tenant State agencies directly in the operational and financial management of their respective buildings and oversight of the Facilities Operations Revolving Fund.
  2. To advise the Department of Buildings and General Services on the operation of state-owned buildings, including staffing and scheduled repairs and maintenance, in order to improve operations, save money and more fully meet the needs of tenant State agencies.
  3. To review annually, and make recommendations to the Commissioner on appropriate levels-of-service provided and fee-for-space rates charged to tenant State agencies.

    This Executive Order shall take effect upon execution and shall expire on June 30, 2014.

    Dated June 22, 2010.

29-45. (No. 05-10) [Transfer of Certain Easements and Rights in the Town of Cambridge from the Agency of Natural Resources to the Agency of Transportation.

WHEREAS, it appears that certain easements and/or rights on land hereinafter described and located in the Town of Cambridge, County of Lamoille, and the State of Vermont are presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife (Grantor); and

WHEREAS, the Agency of Transportation (VTrans) desires the use of certain easements and/or rights on Grantor's lands for VTrans' purposes in connection with the construction of Transportation Project Cambridge BRF 027-1 (4).

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to the Agency of Transportation jurisdiction and control of certain easements and/or rights on lands presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife, said easements and/or rights being more particularly described as follows:

Being part of the same land and premises conveyed to State of Vermont, Fish and Wildlife Department by the Warranty Deed of Raymond R. Unsworth, dated December 23, 1985, which is recorded in Book 68, Page 503 of the Town of Cambridge land records, and being more particularly described as follows:

Being Parcel #2 consisting of easements and/or rights on land, as shown on right-of-way sheets 23, 25 and 26 of the revised plans of Transportation Projects Cambridge BRF 027-1(4) and Cambridge STP 027-1(4) as filed on the 22rd day of June, 2010, in the office of the clerk of the Town of Cambridge.

In connection with the above parcel the following easements and/or rights are conveyed:

A permanent easement in an area of 1,057.65 square meters (0.26 acre), more or less, and located right of and between approximate stations 10+235.00 and 10+344.06 of the established centerline of Transportation Project Cambridge BRF 027-1(4) ("the Transportation Project"), to install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto, hereinafter referred to as facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of the Grantor. This easement also includes the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by VTrans for the safe and efficient operation and maintenance of the facilities. The Grantor, its successors and assigns, will not, without the prior written permission of VTrans, erect or permit the erection of any building or any other structure; plant or permit the growth of any trees or bushes; change the grade or permit the change of grade, or fill or excavate within this easement area which will adversely affect the maintenance and operation by VTrans, its successors and assigns.

A temporary easement during the period of construction to extend highway slopes and embankments in an area of 151.82 square meters (1,634 square feet), more or less, and a permanent easement to extend and maintain highway slopes and embankments in an area of 166.58 square meters (0.04 acre), more or less, as shown on the plans for the Transportation Project.

VTrans may extend the slopes and embankments at such an angle as will hold the material of the slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. VTrans shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff, and other objectionable materials, structures, growth, and any other thing of whatever kind or nature from the slope areas.

A temporary easement to enter upon land of the Grantor, during the period of construction, to install a barrier fence, right of and between approximate stations 10+259.55 and 10+344.06 of the established centerline of the Transportation Project.

A temporary easement during the period of construction to enter upon land of the Grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install erosion control barriers, as necessary and as noted on the project plans; and undertake general construction functions in an area of 78.72 square meters (847 square feet), more or less, right of and between approximate stations 10+260.00 and 10+344.06 of the established centerline of the Transportation Project.

A temporary easement to enter upon land of the Grantor, during the period of construction, to install a sidewalk, in an area of 13.87 square meters (149 square feet), more or less, right of and between approximate stations 10+310.00 and 10+323.50 of the established centerline of the Transportation Project.

A permanent easement to install and maintain a guy wire and anchor at or near and right of approximate station 10+343.42 of the established centerline of the Transportation Project.

A permanent easement to install and maintain guardrail right of and between approximate stations 10+308.00 and 10+314.00 of the established centerline of the Transportation Project.

A temporary easement to enter upon land of the Grantor, during the period of construction, to remove and reset a Department of Fish & Wildlife sign, at or near and right of approximate station 10+300.00 of the established centerline of the Transportation Project.

A temporary easement to enter upon land of the Grantor, during the period of construction, to remove a picnic sign, at or near and right of approximate station 10+313.00 of the established centerline of the Transportation Project.

Construction of the Transportation Project will eliminate the Grantor's existing access located at or near and right of approximate station 10+309 of the established centerline of the Transportation Project. To mitigate elimination of the Grantor's access to Vermont Route 108, VTrans will allow the Grantor the right to use an access to be located at or near and right of approximate station 10+470 of the established centerline of the Transportation Project and the existing parking area. VTrans also will construct a recreational path to connect land of VTrans and land of the Grantor, and provide further access to Grantor from the parking area to the adjacent land of the Grantor.

This Executive Order shall take effect upon signing.

Dated July 2, 2010.

29-46. (No. 11-10) [Transfer of Properties between the Department of Fish and Wildlife and the Department of Forests, Parks and Recreation.

WHEREAS, certain state-owned land (the "Property") located in the Town of Victory, County of Essex and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife; and

WHEREAS, the Property was purchased solely with Department of Fish and Wildlife funds; and

WHEREAS, the Property is completely surrounded by Victory State Forest; and

WHEREAS, the Department of Fish and Wildlife has determined that the Property would be more efficiently managed as part of Victory State Forest by the Department of Forests, Parks and Recreation; and

WHEREAS, the Department of Forests, Parks and Recreation desires to incorporate the Property into Victory State Forest and to hold, control and manage the Property consistent with 10 V.S.A. § 6301 ; and

WHEREAS, the Department of Forests, Parks and Recreation is committed to managing the property for the purposes of a State Forest.

NOW THEREFORE, I, James H. Douglas, by the power vested in me as Governor of Vermont, do hereby transfer and set over from the Department of Forests, Parks and Recreation to the Department of Fish and Wildlife, for the above purposes, jurisdiction and control of the following state-owned land:

A portion of the same land and premises conveyed to the State of Vermont by New England Power Company, by their Quit Claim Deed dated November 12, 1969, which is recorded in the land records of the Town of Victory at Book 17, Page 190. The portion to be transferred is more particularly described as:

"Lot No. 4 in the 9 th Range"

The parcel of land conveyed hereby is approximately 144.5 +/- acres and is surrounded by land owned by the State of Vermont and managed as Victory State Forest.

Excluded from this executive order are the remaining parcels contained in the conveyance from New England Power Company to the State of Vermont in the above referenced Quit Claim Deed. These lots will remain under management of the Department of Fish and Wildlife as part of Victory Basin Wildlife Management Area.

This Executive Order shall take effect upon execution.

Dated November 29, 2010.

29-47. (No. 12-10) [Transfer of Properties between the Department of Fish and Wildlife and the Department of Forests, Parks and Recreation.

WHEREAS, certain state-owned land (the "Property") located in the Town of Victory, County of Essex and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Agency of Natural Resources, Department of Forests, Parks and Recreation; and

WHEREAS, the Property is adjacent to or surrounded by Victory Basin Wildlife Management Area; and

WHEREAS, the Department of Forests, Parks and Recreation has determined that the Property would be more efficiently managed as part of Victory Basin Wildlife Management Area by the Department of Fish and Wildlife; and

WHEREAS, the Department of Fish and Wildlife desires to incorporate the Property into Victory Basin Wildlife Management Area and to own, control and manage the Property for wildlife habitat consistent with 10 V.S.A. ch. 103; and

WHEREAS, the Department of Fish and Wildlife is committed to managing the property for the purposes for which the property was acquired and manage as a Wildlife Management Area.

NOW THEREFORE, I, James H. Douglas, by the power vested in me as Governor of Vermont, do hereby transfer and set over from the State of Vermont, Department of Forests, Parks and Recreation to the State of Vermont, Department of Fish and Wildlife, for the above purposes, ownership and control of the following state-owned land:

A portion of the same land and premises conveyed to the State of Vermont by THE TRUST FOR PUBLIC LAND, d/b/a The Trust for Public Land, Inc., by their Warranty Deed dated September 9, 2005, which is recorded in the land records of the Town of Victory at Book 21, Page 525-532. The portion to be transferred is more particularly described as follows:

A 76+/- acre parcel located in Lots 5 & 6 Range 11; also known as the "Bog Brook" Lot

An 80+/- acre parcel located in Lot 6 Range 14; also known as the "Lee's Hill" Lot

A 270+/- acre parcel located in Lot 6 Range 16, in Lot 7 Ranges 15, 16 and 17 and in Lot 8 Ranges 15 and 16; also known as the "Hay's Hill Brook" Lot

An 81+/- acre parcel located in Lot 10 Range 15 and in Lot 9 Range 15

The parcels of land conveyed hereby are approximately 507 +/- acres.

Excluded from this executive order are 7 +/- acres in two parcels located in Lot 5 Range 18; also known as the "Powerline Twins", contained in the conveyance from the Trust for Public Land to the State of Vermont. These parcels will remain under the management of the Department of Forests, Parks and Recreation as part of Victory State Forest.

This executive order shall take effect upon execution.

Dated November 29, 2010.

29-48. (No. 13-10) [Transfer of Properties between the Department of Fish and Wildlife and the Department of Forests, Parks and Recreation.

WHEREAS, certain state-owned land (the "Property") located in the Town of Victory, County of Essex and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Agency of Natural Resources, Department of Forests, Parks and Recreation; and

WHEREAS, the Property was purchased with funds from the Vermont Housing and Conservation Board, for the purposes of conservation and sustainable management of forests resources, management of wildlife habitat and dispersed, pedestrian public access; and

WHEREAS, the Property is subject to a Grant of Development Rights and Conservation Restrictions held by the Vermont Housing and Conservation Board that authorized the purchase of the Property by the Department of Forests, Parks and Recreation consistent with the goals set forth in 10 V.S.A. § 6301 to encourage and assist the maintenance of the present uses of Vermont's agricultural, forest and other undeveloped land and to preserve and to enhance Vermont's scenic natural resources; and

WHEREAS, the Property is completely surrounded by Victory Basin Wildlife Management Area; and

WHEREAS, the Department of Forests, Parks and Recreation has determined that the Property would be more efficiently managed as part of Victory Basin Wildlife Management Area by the Department of Fish and Wildlife; and

WHEREAS, the Department of Fish and Wildlife desires to incorporate the Property into Victory Basin Wildlife Management Area and to own, control and manage the Property for wildlife habitat consistent with 10 V.S.A. ch. 103; and

WHEREAS, the Department of Fish and Wildlife is committed to managing the property consistent with the purposes for which the property was acquired and managed as a Wildlife Management Area.

NOW THEREFORE, I, James H. Douglas, by the power vested in me as Governor of Vermont, do hereby transfer and set over from the State of Vermont, Department of Forests, Parks and Recreation to the State of Vermont, Department of Fish and Wildlife, for the above purposes, ownership and control of the following state-owned land:

A portion of the same land and premises conveyed to the State of Vermont by THE NATURE CONSERVANCY, by their Warranty Deed dated September 19, 1995, which is recorded in the land records of the Town of Victory at Book 19, Page 355-359. The portion to be transferred is more particularly described in the above referenced Warranty Deed as:

"Parcel Two - Victory, Essex County Vermont"

"Lot No. 6 in the 15th Range"

The parcel of land conveyed hereby is approximately 105 +/- acres.

Excluded from this executive order are the following parcels contained in the conveyance from The Nature Conservancy to the State of Vermont.

Lots Nos. 11, 12, and 13 in the 13 th Range

Lot No. 11 in the 15 th Range

Lot Nos. 5, 10, 11, and 12 in the 14 th Range

Lot No. 5 in the 16 th Range

Lot Nos. 5 and 6 in the 17 th Range

These lots will remain under management of the Department of Forests, Parks and Recreation as part of Victory State Forest.

This executive order shall take effect upon execution.

Dated November 29, 2010.

29-49. (No. 09-12) [Transfer of Lands and Permanent Buffer Easement in Berkshire and Enosburgh from the Agency of Transportation to the Agency of Natural Resources.

WHEREAS, it appears that certain lands and a permanent buffer easement which comprise the river corridor and riparian buffer zones for the Trout River herein described and located in the Towns of Berkshire and Enosburgh in the State of Vermont, in connection with the construction of Transportation Project Berkshire BRF RS 0283 (7) (Trout River Restoration), are presently under the jurisdiction and control of the Agency of Transportation (VTrans); and

WHEREAS, VTrans has completed the required monitoring conditions under the U.S. Army Corps of Engineers 404 permit for the aforementioned project, and does not consider continued VTrans jurisdiction and control of these lands and permanent buffer easement to be in the best public interest; and

WHEREAS, the Agency of Natural Resources (ANR) has a goal of maintaining high quality riparian and river habitats, and providing angling opportunities for the public that would best be served by the transfer and control of the lands and permanent buffer easement from VTrans to ANR;

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to the Agency of Natural Resources, Department of Fish and Wildlife jurisdiction and control of certain lands and a permanent buffer easement for its purposes, said land and permanent buffer easement being more particularly described as follows:

Being all of the same land and/or permanent buffer easement conveyed to State of Vermont, Agency of Transportation by the following instruments:

  1. Warranty Deed from Raymond G. Kinney and Virginia G. Kinney, dated April 21, 2003, which is recorded in Book 107 page 29 of the Enosburgh land records;
  2. Warranty Deed from Raymond G. Kinney and Virginia G. Kinney, dated April 21, 2003, which is recorded in Book 68 Pages 37-39 of the Berkshire land records;
  3. Warranty Deed of Easement from Daniel F. Kotorman and Holly H. Kotorman, dated April 21, 2003, which is recorded in Book 68, Pages 42 and 43 of the Berkshire land records;
  4. Warranty Deed from L.F. Hurtubise & Sons, Inc., dated April 21, 2003, which is recorded in Book 107, Page 31 of the Enosburgh land records; and being more particularly described as follows:

    Being part of Parcels #1E, 1F, 1G and 11 consisting of 15.80 acres, more or less, land, and all of Parcel # 2A consisting of a permanent buffer easement, as shown on right-of-way sheets 23, 25 and 26 of the plans of Transportation Project Berkshire BRF -RS 0283 (7) as filed on March 13th, 2003, in the offices of the clerks of Enosburgh and Berkshire.

    The buffer easement, described as Parcel 2A above, consists of 0.22 acre, more or less, and is located right of and between approximate stations 123+49 and 124+52.71 of the Trout River Restoration baseline of the aforementioned project and includes:

  1. The right to change and maintain the channel of the Trout River including the installation of stone fill along the bank of the river; and
  2. The right to plant and maintain trees in a buffer area above the bank to protect and stabilize the bank. None of the existing landscaping items either within or outside the easement area will be removed without the written permission of VTrans.

    ANR agrees to be responsible for and comply with the conditions or agreements which are associated with the lands and permanent buffer easement described above, and contained in the aforementioned deeds to State of Vermont.

    This Order shall take effect upon signing.

    Dated September 12, 2012.

29-50. (No. 14-12) [Transfer of Property in St. Johnsbury from Agency of Administration, Department of Buildings & General Services to Agency of Natural Resources, Department of Fish & Wildlife.

WHEREAS, certain State-owned land. including a building formerly used as the Northeast Regional Library, in St. Johnsbury ("Property"). is presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services ("BGS"); and

WHEREAS, BGS has no further use for the Property; and

WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife ("ANR/DFW"), desires the use of the Property for its purposes: and

WHEREAS, upon execution of the property transfer, ANR/DFW, will be responsible for the maintenance costs, security, heating costs, electrical costs, snow removal, grounds maintenance, overall conditions. Payments in Lieu of Taxes, State historic preservation requirements and all other costs associated with the administration, ownership and management of the Property:

NOW, THEREFORE, I, Peter Shumlin, by the power vested in me as Governor, do transfer and set over to ANR/DFW, for its purposes, from BGS, the following described land and premises, to wit:

The lands and premises conveyed to the State of Vermont by warranty deed of Gilbert D. Johnson and Betty B. Johnson on September 15, 1967, which is recorded in the St. Johnsbury land records at Book 131, Pages 15-17, and more fully described therein as:

Beginning at an iron pipe located at the junction of the northwest corner of Town Highway #62 and U.S. Route 2; thence S 45 ø 27' W 46.23 feet to a point; thence S 20 ø 03' W 88.87 feet to a point; thence S 13 ø 23' W 114.87 feet to an iron pipe; thence N 60 ø 02' W 169.79 feet to a railroad rail located on the east side of town highway #61 (the Pumpkin Hill Road, so-called); thence N 27 ø 31' E 293.06 feet to an iron pipe on the southwest side of U.S. Route 2; thence S 54 ø 25' E 270.25 feet to a point; thence S 45 ø 16' E 95.08 feet to the point of beginning.

This Order shall take effect upon signing.

Dated December 28, 2012.

29-51. (No. 08-13) [Transfer of Certain Land and Permanent Easements in the Town of Swanton from the Agency of Natural Resources to the Agency of Transportation.

WHEREAS, the Agency of Transportation ("VTRANS") has constructed Transportation Project Alburgh-Swanton BRF 036-1(1), which involved the replacement of the bridge carrying a state highway known as Vermont Route 78 over Lake Champlain's Missisquoi Bay, and which affected land under the jurisdiction of the Agency of Natural Resources, Department of Fish and Wildlife ("ANR"); and

WHEREAS, VTRANS and ANR desire to complete the transfer of the necessary exchange of land and/or rights and easements from ANR to VTRANS, as set forth in a Memorandum of Agreement between VTRANS and ANR dated December 11, 2003.

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to VTRANS jurisdiction and control of certain land and permanent easements over land of ANR for its purpose, said land and permanent easements being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont, acting through its Department of Fish and Game of the Agency of Environmental Conservation by Warranty Deed of John A. Carman and Erma H. Carman, dated October 20, 1976, which is recorded in Book 89, Pages 230-232 of the Town of Swanton land records and is more particularly described as:

Being Parcel #15 consisting of 0.12 hectare (0.30 acre), more or less, land and rights therein, as shown on right-of-way sheets 27, 35, 36, and 37 of the plans of Transportation Project Alburgh-Swanton BRF 036-1(1) ("the Transportation Project") and filed on February 7, 2003, in the office of the clerk of the Town of Swanton.

In connection with the above parcel the following easement and/or rights are conveyed:

Permanent easements to discharge water on land of ANR as such water may hereafter be discharged or flow at or near and left of approximate stations 12+305.0 and 12+667.5 of the established centerline of the Transportation Project.

A permanent easement in an area of 0.15 hectare (0.37 acre), more or less, and located left of and between approximate stations 12+535.1 and 12+764.0 of the established centerline of the Transportation Project; to install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto, hereinafter referred to as facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of ANR. This easement also includes the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by VTRANS, for the safe and efficient operation and maintenance of the facilities. ANR and its successors and assigns will not, without the prior written permission of VTRANS, erect or permit the erection of any building or any other structure, plant or permit the growth of any trees or bushes, change the grade or permit the change of grade, or fill or excavate within this easement area which will adversely affect the maintenance and operation by VTRANS, its successors and assigns.

Permanent easements to install and maintain guy wire at or near and left of approximate stations 12+545.9 and 12+763.7 of the established centerline of the Transportation Project.

This Order shall take effect upon signing.

Dated October 2, 2013.

29-52. (No. 04-15) [Transfer of Property in Duxbury from Agency of Administration, Department of Buildings and General Services to Agency of Natural Resources, Department of Forests, Parks and Recreation.

WHEREAS, certain State-owned land located in the Town of Duxbury, County of Washington, State of Vermont, westerly of Vermont State Route 100B, consisting of 32.3 acres and known as the "Father Logue's Camp" parcel is presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services ("BGS");

WHEREAS, an adjacent parcel of State-owned land located in the Town of Duxbury, County of Washington, State of Vermont, westerly of Vermont State Route 100B and consisting of 137 acres is presently under the jurisdiction and control of the Agency of Natural Resources, Department of Forests, Parks and Recreation ("FPR");

WHEREAS, the 137 acres under the jurisdiction and control of FPR and the 32.3 acres under the jurisdiction of BGS were formerly part of the Vermont State Hospital lands;

WHEREAS, jurisdiction to the 137-acre parcel and other lands, excepting the 32.3-acre parcel and other parcels, was transferred from BGS to FPR by Executive Order #11 of 1973;

WHEREAS, FPR has no further use for the 137-acre parcel and BGS has no further use for the 32.3-acre parcel;

WHEREAS, FPR desires to convey the 137-acre parcel and the 32.3-acre parcel to the Town of Duxbury for use as a Town Forest, and a conservation easement encumbering these parcels to ensure use as a Town Forest in perpetuity to be conveyed to the Duxbury Land Trust;

WHEREAS, the Town of Duxbury desires to accept such property for use as a Town Forest and the Duxbury Land Trust desires to accept such conservation easement encumbering these parcels to ensure use as a Town Forest in perpetuity; and

WHEREAS, BGS is seeking an amendment to Act 250 Permit #5W1243-1 to remove any requirements or conditions that the 32.3-acre parcel continue to be used by the State as a Camp and to allow the 32.3-acre parcel to be conveyed to the Town of Duxbury for use as a Town Forest.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by the power vested in me as Governor of the State of Vermont, do transfer and set over from BGS to FPR, effective upon the issuance of the Act 250 Permit amendment, for FPR's purposes, the following described land and premises being more particularly described as follows:

Being part of the former Vermont State Hospital lands located westerly of Vermont State Route 100B and consisting of 32.3 acres and known as the "Father Logue's Camp" parcel adjacent to 137 acres currently under the jurisdiction and control of FPR. Not meaning to convey any other lands currently under the jurisdiction and control of BGS located westerly of Vermont State Route 100B, other than the 32.3-acre parcel.

This Order shall take effect upon signing.

Dated April 21, 2015

29-53. (No. 06-18) [Transfer of Property in the Town of Cambridge from Vermont Agency of Transportation to the Vermont Agency of Natural Resources].

WHEREAS, certain land located in the Town of Cambridge, County of Lamoille, and State of Vermont, as more particularly described herein ("the Property,") is presently under the jurisdiction and control of the Vermont Agency of Transportation ("VTrans") and is no longer necessary for VTrans purposes; and

WHEREAS, the Vermont Agency of Natural Resources, Department of Fish and Wildlife desires the transfer of the Property to better manage a significant stretch of the Lamoille River and a small developed site that provides access for non-motorized vessels and shore fishing opportunities, known as the Dorothy Smith Access Area.

NOW THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Vermont Agency of Transportation to the jurisdiction and control of the Vermont Agency of Natural Resources, Department of Fish and Wildlife for the aforesaid purpose, the Property being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by the Warranty Deed of Ray C. and Hazel G. Perkins, dated November 5, 1958 and recorded in Book 42, Page 371 of the Town of Cambridge land records and being more particularly described as follows:

Beginning at a point believed to be in the property line between Ray C. and Hazel G. Perkins and land now or formerly of one M. Hawley, and in the easterly boundary of the present highway, Vermont Route 108, 1/2 rods from its centerline and 24.75 feet southeasterly at right angle from approximate survey station 19+31 of the established center line of Highway Project NRS 151, 1934; thence 880 feet, more or less, northeasterly and northerly in said easterly highway boundary to a point 30 feet easterly at right angle from survey station 28+00 of said established centerline; thence 20 feet, more or less, easterly to a point in the westerly bank of the Lamoille River, so-called, 50 feet easterly at right angle from survey station 28+00 of said established centerline; thence 1000 feet, more or less, southeasterly and southerly in said westerly river bank to a point believed to be in the property line between the aforesaid Perkins and Hawley, 80 feet southeasterly at right angle from approximate survey station 19+31 of said established centerline; thence 58 feet, more or less, northwesterly in said believed property line to the point of beginning.

This Executive Order shall take effect upon execution.

Dated August 17, 2018

CHAPTER 30. PUBLIC SERVICE

30-1. (No. 30-76) [Department of Bus, Rail, Waterways and Motor Carrier Services.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

30-2. (No. 56-81) [Transfer of Energy Office From Agency of Administration to Department of Public Service.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

History

Reference in text. Section 2286 of Title 3, referred to in the second paragraph, was repealed by 1987, No. 243 (Adj. Sess.), § 20.

30-3. (No. 09-94) [Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

30-4. (No. 09-95) [Extension of Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

30-5. (No. 08-98) [Working Group on Vermont's Electricity Future.

Superseded by Executive Order 10-98 (codified as Executive Order No. 30-6), dated August 13, 1998.

30-6. (No. 10-98) [Working Group on Vermont's Electricity Future.

Expired by its own terms, effective December 15, 1998.

30-7. (No. 15-03) [Statewide Telecommunications Advancement.

Superseded by Executive Order No. 08-06 (codified as Executive Order No. 30-9), dated November 4, 2006.

30-8. (No. 04-04) [Commission on Wind Energy Regulatory Policy.

Expired by its own terms, effective December 31, 2004.

30-9. (No. 08-06) [Statewide Telecommunications Advancement.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

30-10. (No. 10-12) [Governor's Energy Generation Siting Policy Commission.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

CHAPTER 31. RECREATION AND SPORTS

[Reserved for future use.]

CHAPTER 32. TAXATION AND FINANCE

32-1. (No. 32-86) [Allocation of 1986 State Ceiling on Tax Exempt Private Activity Bonds.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

History

Reference in text. Section 103 of the Internal Revenue Code, referred to in the fifth paragraph of this order, is codified as 26 U.S.C. § 103. The provisions which appeared in section 103(n) of the Internal Revenue Code of 1954, which was codified as 26 U.S.C. § 103, are now contained in section 141 et seq. of the Internal Revenue Code of 1986, which are codified as 26 U.S.C. § 141 et seq. Section 103 of the Internal Revenue Code of 1986 deals generally with the exclusion from gross income of interest on state and local bonds.

Cross References

Cross references. Allocation of 1987 state ceiling on tax exempt private activity bonds, see Executive Order No. 55-87, which is set out in this chapter.

32-2. (No. 38-87) [Interim Allocations of 1987 State Ceiling on Tax Exempt Private Activity Bonds.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

History

Reference in text. Section 103 of the Internal Revenue Code, referred to in the fifth paragraph of this order, is codified as 26 U.S.C. § 103. The provisions which appeared in section 103(n) of the Internal Revenue Code of 1954, which was codified as 26 U.S.C. § 103, are now contained in section 141 et seq. of the Internal Revenue Code of 1986, which are codified as 26 U.S.C. § 141 et seq. Section 103 of the Internal Revenue Code of 1986 deals generally with the exclusion from gross income of interest on state and local bonds.

Cross References

Cross references. Allocation of 1987 state ceiling on tax exempt private activity bonds, see Executive Order No. 55-87, which is set out in this chapter.

32-3. (No. 42-87) [Low-Income Housing Tax Credit Program.

Superseded and replaced by Executive Order No. 01-04 (codified as Executive Order No. 32-7), dated April 2, 2004.

32-4. (No. 42A-87) [Clarification of Executive Order Establishing the Low-Income Housing Tax Credit Program.

Superseded and replaced by Executive Order No. 01-04 (codified as Executive Order No. 32-7), dated April 2, 2004.

32-5. (No. 55-87) [Allocation of 1987 State Ceiling on Tax Exempt Private Activity Bonds.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

History

Reference in text. The reference to section 203(n) of the Internal Revenue Code, in the fifth paragraph of this order, is apparently a reference to section 103(n) of the Internal Revenue Code. Section 103, as amended by Public Law 99-514, 100 Stat. 2085, the Tax Reform Act of 1986, deals generally with the exclusion from gross income of interest on state and local bonds. The provisions which appeared in section 103(n) of the Internal Revenue Code of 1954, which was codified as 26 U.S.C. § 103, are now contained in section 141 et seq. of the Internal Revenue Code of 1986, which are codified as 26 U.S.C. § 141 et seq.

Cross References

Cross references. Allocation of 1986 state ceiling on tax exempt private activity bonds, see Executive Order No. 32-86, which is set out in this chapter.

Interim allocation of 1987 state ceiling on tax exempt private activity bonds, see Executive Order No. 38-87, which is set out in this chapter.

32-6. (No. 03-01) [Streamlined Sales Tax Project.

Expired by its own terms, effective February 1, 2004.

32-7. (No. 01-04) [Low-Income Housing Tax Credit Program.

Superseded and replaced by Executive Order No. 32-10 (codified as Executive Order No. 01-04), dated March 7, 2012.

32-8. (No. 07-09) [Designation of State of Vermont as a Recovery Zone under the American Recovery and Reinvestment Act.

WHEREAS, the American Recovery and Reinvestment Act of 2009, Pub.L. No. 111-5, (hereinafter "ARRA") amended the Internal Revenue Code of 1986 (hereinafter the "Code") to authorize state and local governments to issue Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds (hereinafter together referred to as "Recovery Zone Bonds"); and

WHEREAS, the Code established bond volume limitations, or caps, on the issuance of Recovery Zone Bonds and allocated those volume caps among the states to counties and large municipalities within each State based upon population and relative declines in employment in 2008; and

WHEREAS, the U.S. Treasury and Internal Revenue Service allocated Vermont's share of the Recovery Zone Bond volume caps to the State and sub-allocated the caps among 11 Vermont counties; and

WHEREAS, the Assistant Judges in 9 of those 11 counties, pursuant to their authority, have waived their counties' respective allocations and re-allocated their share of volume caps to the State of Vermont; and

WHEREAS, on October 14, 2009, the State of Vermont Emergency Board, pursuant to its authority to allocate private activity volume cap among bond issuing instrumentalities of the State, will consider allocating all Recovery Zone Facility Bonds' volume cap waived by the counties to the Vermont Economic Development Authority, an instrumentality of the State of Vermont; and

WHEREAS, in October, 2009, the Joint Fiscal Committee of the Vermont General Assembly, pursuant to its authority, will consider approving the Governor's allocation of the Recovery Zone Economic Development Bonds' volume cap waived by the counties to the Vermont Municipal Bond Bank, an instrumentality of the State of Vermont, and to the State of Vermont should there be capacity not used by the Vermont Municipal Bond Bank; and

WHEREAS, the purpose of Recovery Zone Economic Development Bonds is to promote economic activity through expenditures that promote development or other economic activity in a recovery zone designated as such by the county or State, as applicable, that is the recipient of volume cap; and

WHEREAS, the purpose of the Recovery Zone Facility Bonds is to finance property used in the active conduct of a trade or business in a recovery zone; and

WHEREAS, Recovery Zone Bonds are a significant resource to the State of Vermont and will stimulate economic activity, increase employment opportunities and mitigate the effects of the national recession; and

WHEREAS, the Code requires that all Recovery Zone Bonds be issued prior to January 1, 2011 and it is imperative that recovery zones in Vermont be designated as soon as possible to ensure that Vermont and Vermonters realize the full benefit of the bonds; and

WHEREAS, the Code defines a recovery zone, among other things, as an area designated by the issuer as having significant poverty, unemployment, rate of home foreclosures, or general distress; and

WHEREAS, unemployment in Vermont has nearly doubled statewide during the current downturn and every county of the state has suffered at least a doubling of unemployment since 2007 leading to significant general distress; and

WHEREAS, 28% of Vermonters work outside their county of residence and new jobs created anywhere in the state will significantly benefit those impacted by the recession; and

WHEREAS, projected state general fund revenues for FY2010 are 15% below actual revenues in FY2008 and are, in fact, less than actual FY2005 revenues and this severe impact on state revenues will be mitigated by development and construction anywhere in the state; and

WHEREAS, there is no area of Vermont that has not been significantly impacted by the recession and it is urgent to address both the problems of unemployment and declining revenues in Vermont.

NOW, THEREFORE, I, James H. Douglas, by virtue of the authority vested in me as Governor, do hereby designate the entire State of Vermont as a recovery zone under the Code as amended by ARRA. This designated recovery zone shall pertain to any Recovery Zone Bonds issued by the State of Vermont, the Vermont Economic Development Authority, the Vermont Municipal Bond Bank, and any other instrumentality of the State that may later receive an allocation of Recovery Zone Bond volume caps from the State.

This Executive Order shall take effect upon signing.

Dated October 9, 2009.

32-9. (No. 14-11) [Private Activity Bond Advisory Committee.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

32-10. (No. 05-12) [Low-Income Housing Tax Credit Program.

WHEREAS, significant need continues to exist in the State of Vermont for provision of opportunities to secure safe, decent and affordable housing, especially for families and individuals of lower income; and

WHEREAS, federal resources for provision of affordable housing opportunities for Vermonters continue to be scarce, increasing the challenges facing the state and its municipalities in responding to residents' housing needs; and

WHEREAS, a continuing commitment to coordination of public and private resources to address the housing needs of those Vermonters least able to compete in securing affordable housing is both prudent and necessary; and

WHEREAS, section 252 of the federal Tax Reform Act of 1986, as enacted by the Congress, authorizes the states to establish programs for allocation of federal tax credits to stimulate the production of affordable rental housing for low-income families and individuals; and

WHEREAS, it is in the public interest that Vermont continues to participate fully in this program, in concert with existing efforts to create and preserve decent and affordable housing for all residents; and

WHEREAS, Vermont has been successful in using its allocation of federal tax credits and creating much needed affordable housing; and

WHEREAS, the Department of the Treasury of the United States and the Internal Revenue Service have issued their regulations concerning the low income housing credit under Section 42 of the Internal Revenue Code of 1986 (the "Federal Regulations").

NOW, THEREFORE, by virtue of the authority vested in me as Governor, I, Peter Shumlin, do hereby direct that:

  1. State Housing Credit Agency.

    The Vermont Housing Finance Agency is appointed as the "State Housing Credit Agency" for the purpose of carrying out and administering the low-income housing tax credit program as authorized by Section 252 of the Federal Tax Reform Act of 1986, [Revenue Code Sections 42 and 146(E)].

    The Vermont Housing Finance Agency, as the designated State Housing Credit Agency, is delegated the authority and responsibility for implementing tax credit allocation policies as recommended by the Joint Committee on Tax Credits, including preparation of the Qualified Allocation Plan for approval by the Governor and assuring that these policies are applied in the administration of the program.

    As the State Housing Credit Agency, the Vermont Housing Finance Agency is authorized to make low income housing credit allocations on behalf of the State of Vermont and to carry out the provisions of Section 42(h) of the Internal Revenue Code of 1986, as the same may be amended from time to time, as the "State Housing Credit Agency" and the "Issuing Authority." For calendar year 2004 and all subsequent years until a superseding Executive Order is issued or a superseding State statute is adopted, 100% of the State housing credit ceiling is apportioned to the Vermont Housing Finance Agency to be allocated to particular projects by the Vermont Housing Finance Agency.

  2. Joint Committee on Tax Credits.
    1. To recommend policies consistent with the housing policy of the State of Vermont for the issuance of tax credits;

      2 To recommend procedures to be followed in the issuance of the tax credits;

      3. To recommend target percentages for allocation consistent with policy;

      4. To serve as a resource for coordinating the funding of complex projects; and

      5. To conduct periodic review, at least annually, of the performance in implementing program objectives.

  3. Effective Date.

    This Executive Order shall take effect upon signing. This Executive Order supersedes and replaces Executive Order No. 01-04, codified as No. 32-7, effective April 2, 2004.

    Dated March 7, 2012.

  1. Composition.

    The Secretary of the Agency of Commerce and Community Development has established a Joint Committee on Tax Credits consisting of: The Commissioner of the Department of Economic, Housing and Community Development or his/her designee; the Executive Director of the Vermont Housing Finance Agency or his/her designee; the Executive Director of the State Housing Authority or his/her designee; a Governor appointee or his/her designee; and the Executive Director of the Vermont Housing Conservation Board or his/her designee.

  2. Charge.

    The responsibilities of the Committee are as follows:

CHAPTER 33. HUMAN SERVICES

33-1. (No. 03-73) [Cash Recipients of Social Services.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

33-2. (No. 02-77) [Licensing and Regulation Division, Human Services Agency.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

33-3. (No. 19-78) [Positions Transferred to Human Services Agency.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

33-4. (No. 28-79) [Work Incentive Program.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

33-5. (No. 33-79) [Transfer of Typist C Position From Office of Secretary of State to Division of Vital Statistics, Department of Health, Agency of Human Services.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

33-6. (No. 40-79) [Transfer of Van, Utility Driver and Mail Clerk A From Agency of Administration, Division of Purchasing, to Agency of Human Services, Central Office.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

33-7. (No. 51-80) [North East Kingdom Community Action, Inc.

WHEREAS, the United States Community Services Administration has determined not to refund Orleans County Council of Social Agencies, Inc. leaving the residents of Caledonia, Essex and Orleans Counties without a Community Action Agency; and

WHEREAS, a Community Action Agency offers significant promise in its mission to mobilize resources to lift the economic condition of the poor and offer them the social, cultural and economic advantages enjoyed by the more fortunate residents of the State; and

WHEREAS, the Community Action Agencies of Vermont, including Orleans County Council of Social Agencies, Inc., were designated by the Governor of the State of Vermont by Executive Order on June 20, 1968.

NOW THEREFORE, I, Richard A. Snelling, Governor of the State of Vermont, by Executive Order, do hereby designate North East Kingdom Community Action, Inc. to serve the towns, villages and cities in the Counties of Caledonia, Essex and Orleans.

The named agency shall work cooperatively with the other Community Action Agencies in the State and with the State Economic Opportunity Office as well as other state agencies in the planning, development, implementation, and evaluation of programs to be carried out within the State of Vermont under the auspices of Economic Opportunity Act of 1964, as amended.

Dated July 3, 1980.

33-8. (No. 48-87) [Housing Roundtable.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

33-9. (No. 16-93) [Vermont Commission on National and Community Service.

Superseded by Executive Order No. 09-98 (codified as Executive Order No. 3-35), effective August 13, 1998.

33-10. (No. 02-95) [Vermont Housing Council.

Rescinded by Executive Order No. 33-22 (codified as Executive Order No. 08-11), dated June 16, 2011.

History

Reference in text. The "Department of Labor and Industry", referred to in this order is now referenced as the "Department of Labor" pursuant to 2005, No. 103 (Adj. Sess.), § 3, effective April 5, 2006.

Editor's note. The reference to the Vermont General Assembly's Joint Housing Committee in par. 2 is obsolete. The Joint Housing Committee was terminated on Jan. 1, 1991, pursuant to 1989, No. 90 , § 2.

The agency of development and community affairs, referred to in par. 2, was renamed the agency of commerce and community development by 1995, No. 190 (Adj. Sess.), § 1(a).

33-11. (No. 18-03) [Vermont Interagency Council on Homelessness.

Superseded and replaced by Executive Order No. 33-15 (codified as Executive Order No. 06-05), dated August 31, 2006.

33-12. (No. 05-04) [Building Bright Futures: Vermont's Alliance for Children Transitional Board.

Superseded and replaced by Executive Order No. 33-14 (codified as Executive Order 03-06), dated June 5, 2006.

33-13. (No. 02-05) [Governor's Commission on Healthy Aging.

Expired by its own terms, effective March 1, 2011.

33-14. (No. 03-06) [Building Bright Futures Council: A Public/Private Partnership.

Superseded and replaced by Executive Order No. 1-08 (codified as Executive Order No. 33-17), dated February 8, 2008.

History

2008. Members of the Council on the effective date of this order [E.0. 01-08, which superseded and replaced this order, eff. Feb. 8, 2008] shall continue to serve and their terms are hereby extended until the expiration of this order on June 30, 2009.

33-15. (No. 05-06) [Vermont Interagency Council on Homelessness.

Superseded and replaced by Executive Order No. 33-24 (codified as Executive Order No. 03-12), dated January 25, 2012.

33-16. (No. 05-07) [Vermont Developmental Disabilities Council.

WHEREAS, Congress recognizes that disabilities are a natural part of the human experience that do not "diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream" of society, 42 U.S.C. § 15001;

WHEREAS, it is the purpose of the Developmental Disabilities Assistance and Bill of Rights Act 2000, 42 U.S.C. 15001 et seq. (hereinafter the Act), "to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life, through culturally competent program" authorized under the Act; and

WHEREAS, the State of Vermont and its various departments and agencies provide services to individuals with developmental disabilities and their families in order to provide the information, skills, opportunities, and support necessary to achieve full integration and inclusion in society; and

WHEREAS, individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of assistance, that are most effective when provided in a coordinated manner; and

WHEREAS, individuals with developmental disabilities and their families are the primary decision-makers regarding the services and support such individuals and their families receive and they should contribute to policy decisions and program development that affect their lives; and

WHEREAS, our communities are enriched by the contributions of individuals with developmental disabilities and their families who participate fully and actively in community activities and, with education and support, communities can become more accessible and responsive to their needs.

NOW, THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Vermont Developmental Disabilities Council to engage in advocacy, capacity building, and systemic change activities consistent with the purposes and policies of the Act that contribute to a coordinated, comprehensive system of needed community services, individualized supports, and other forms of assistance that promote self-determination of individuals with developmental disabilities and their families.

In the implementation of its charge, the Council shall:

1) Conduct a comprehensive review and analysis of the adequacy of services, supports and other assistance available to individuals with developmental disabilities and their families in Vermont, including a description of service systems and policies, and the extent of direct benefits and unmet needs;

2) Develop a 5-year strategic State plan through a planning process that includes stakeholder input and is derived from identified unmet needs of individuals and families;

3) Inform the Governor and other policymakers annually about issues impacting the lives of individuals with developmental disabilities and their families;

4) Implement the State plan by providing and supporting advocacy, capacity building, and systemic change activities such as outreach, training, technical assistance, support and education activities in communities, interagency collaboration and coordination, coordination with related councils, committees, and programs, barrier elimination, systems design and redesign, coalition development, citizen participation, and demonstration projects;

5) Prepare, approve and implement a budget using amounts authorized by the Act;

6) Hire an Executive Director to supervise the staff of the Council, to approve and hire other staff, and to obtain other professional, technical, and clerical personnel consistent with state law determined by the Council to be necessary to carry out its functions;

7) Submit periodic reports on the Council's activities and outcomes as reasonably requested by the Secretary of U.S. Health and Human Services, keep records, and afford access as the Secretary finds necessary to verify those reports; and

8) Adopt by-laws, develop operating policies, and form such committees and task forces as may be required to undertake specific projects authorized by the Council.

The Council shall consist of no less than 21 and no more than 25 members as necessary to meet the requirements established in the Act, as that Act may from time to time be amended. Up to five members of the Council shall be representatives from the Agency of Human Services designated by the Secretary and one member shall be a representative from the Vermont Department of Education designated by the Commissioner.

The Governor shall appoint all remaining members, at his discretion, and after soliciting recommendations as required by the Act. Members shall be geographically representative of the State and reflect the diversity of the State with respect to race and ethnicity, and shall include:

1) One representative from Vermont Protection and Advocacy;

2) One representative from the University of Vermont Center on Disability & Community Inclusion;

3) Up to two representatives from local and non-governmental agencies and private nonprofit groups concerned with services for individuals for developmental disabilities in the State;

4) An additional number of members to constitute at least 60% of the Council membership as follows: 1/3 shall be individuals with developmental disabilities, 1/3 shall be parents or guardians of children with developmental disabilities or immediate relatives or guardians of adults with disabilities, and 1/3 shall be a combination of these individuals provided that members under this subsection shall not be employees of a state agency or other entity that receives funds or provides services under the Act. At least one of these members shall be an immediate relative or guardian of an individual with a developmental disability who resides or previously resided in an institution.

The Council shall elect a Chair from among its members, subject to the approval of the Governor. Appointed members shall have the authority to engage in policy planning and implementation on behalf of their agency, department or program. Except for state and public agency representatives, members of the Council may serve no more than two terms of three years each. Public members of the Council shall be entitled to appropriate support and reimbursement of expenses as described in the Act and with available funds received under the Act.

The Agency of Human Services shall serve as the state agency designated to provide support to the Council on behalf of the state. The Council shall periodically review the activities of the designated state agency to assure that it is in compliance with the Act.

This Executive Order supersedes and replaces Executive Order No. 05-94 (codified as No. 3-27), dated April 20, 1994. The Council created by this order, however, shall be a continuation of, and successor to, the Council established by Executive Order No. 05-94. Members of the Council on the effective date of this order shall continue to serve until the expiration of their terms and may be re-appointed unless a public member has served two terms.

This Executive Order shall take effect upon signing and shall be reviewed at least every five years to ensure continuing compliance with the Act as it may from time to time be amended.

Dated August 14, 2007.

33-17. (No. 01-08) [Building Bright Futures Council: A Public/Private Partnership.

Superseded and replaced by Executive Order No. 33-19 (codified as Executive Order No. 06-09), dated June 27, 2009.

33-18. (No. 02-09) [SerVermont.

WHEREAS, Vermont has a long and proud heritage of neighbor helping neighbor that continues today; and

WHEREAS, there is growing awareness of volunteerism and civic participation as a means to address unmet social, environmental, educational, and public safety needs; and

WHEREAS, there is a need to foster an ethic of service and to support and recognize community service and volunteerism throughout our state; and

WHEREAS, a state commission is necessary to advise and assist in implementation of a comprehensive national and community service plan in Vermont.

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Vermont Commission on National and Community Service (hereafter the "Commission"), and do hereby order that the duties of this commission shall be set out under section 201 of the National and Community Service Trust Act of 1993, as amended (hereafter the "Act"), codified at 42 U.S.C. § 16238, and shall include:

  1. Provide an annual update to the three-year national service plan to the Corporation for National Service (hereafter the "Corporation") as required under the Act that sets out priorities for, as well as addresses coordination of efforts in, community service programs in Vermont;
  2. Administer grants programs as required by the Act;
  3. Provide technical assistance to Vermont non-profit organizations and other entities in applying for Corporation funds and in planning programs relating to community service; and
  4. Disseminate information in Vermont relating to national service programs in a manner designed to ensure that interested Vermonters are aware of such opportunities.

    Membership of the commission shall consist of no fewer than 15 and no more than 25 voting members. All members shall be appointed by the Governor to three-year terms.

    Not more than 50% of the members plus one member shall be from the same political party. To the extent possible, membership shall be balanced according to race, ethnicity, age, disability, gender and geography.

    Members shall include as voting members at least one of the following individuals: an individual with experience in the educational, training, and developmental needs of disadvantaged youth; a representative of community-based agencies or community-based organizations within the state; an individual with experience in promoting the involvement of older adults in community service and volunteerism; an individual between the ages of 16 and 25 who is a participant or supervisor in a volunteer or service program; a representative of a national service program as described in the Section 122(a) of the Act (codified at 42 U.S.C. § 12572(a)) ; the Commissioner of the Vermont Department of Education or his or her designee, a representative of local government, a representative of a labor organization; and a representative of business.

    The commission may also include as voting members representatives of the following groups: local educators; persons experienced in delivery of services in the areas of human services, education, the environment, or public safety; out-of-school youth or other at-risk youth; and representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). There shall also be a non-voting ex-officio representative of the Corporation for National Service.

    Not more than 25% of voting members may be state employees, although the Governor may appoint additional officers or employees of State agencies operating community service, youth service, education, social service, senior service and job training programs to serve as ex-officio, non-voting members.

    Vacancies occurring among the members shall be filled by the Governor to serve the balance of such terms. No member appointed after the effective date of this order shall serve more than two consecutive three-year terms.

    In addition to the State of Vermont Executive Code of Ethics, commissioners shall abide by the limitation on voting as found in Section 221(a) of the Act (codified at 42 U.S.C. § 12638(d) (2)).

    The Commission shall meet at least four times a year to perform its business. The Commission shall receive administrative support from the Agency of Human Services. Public members may receive reimbursement of expenses in attending Commission meetings and may receive a per diem pursuant to 32 V.S.A. § 1010 .

    The officers of the Commission shall be a Chairperson, Vice-Chairperson, Treasurer and Secretary and shall constitute the Executive Committee. Officers shall be elected annually by the voting members of the Commission at the first regular meeting of the calendar year for a term of one year, commencing with the first meeting following their election subject to the approval of the Governor.

    Officers may not hold office for more than three consecutive years. Following at least one year out of office, persons who have served as officers are again eligible for election. The Chair shall be an ex-officio member of all committees, with the exception of the Nominating Committee, when one is established.

    The Chair shall have authority to appoint committees as necessary and appropriate to carry out the functions and duties of the Commission, including a Finance Committee that shall be chaired by the Treasurer, that shall review the annual budget and make recommendations.

    This Executive Order supersedes Executive Order No. 09-98 (codified as E.O. 3-35), dated August 13, 1998 and rescinds and repeals any by-laws previously adopted by the Commission. The Commission created by this order, however, shall be a continuation of, and successor to, the Commission established by Executive Order No. 09-98. Members of the Commission serving on the effective date of this order shall continue to serve until the expiration of their terms and may be re-appointed for up to two additional consecutive terms.

    This order shall take effect on January 23, 2009.

    Dated January 21, 2009.

History

Exempt positions. 2009, No. 4 , § 111(a) provides: "The exempt positions in the Vermont Commission on National and Community Service shall be transferred to the agency of human services."

33-19. (No. 06-09) [Building Bright Futures: A Public/Private Partnership.

Expired by its own terms, effective June 30, 2010.

33-20. (No. 08-10) [Drug Utilization Review Board.

Superseded and replaced by Executive Order No. 33-26 (codified as Executive Order No. 07-19), dated September 5, 2019.

33-21. (No. 07-11) [Vermont Council on Interstate Juvenile Supervision.

WHEREAS, effective July 1, 2010, Vermont became a compacting state to the Interstate Compact for Juveniles pursuant to section 12 of Act 108 of the 2009 Adjourned Session;

WHEREAS, the Interstate Compact for Juveniles ("the compact") requires each compacting state to create a state council for interstate juvenile supervision;

WHEREAS, pursuant to the compact each compacting state is required to appointed a compact administrator to administer and manage the state's supervision and transfer of individuals subject to the compact; and

WHEREAS, each compacting state is entitled to one voting representative on the Interstate Commission for Juveniles ("the commission");

NOW, THERE, I, Peter Shumlin hereby establish the Vermont Council on Interstate Juvenile Supervision ("the council").

  1. Council composition:  The council shall be made up of the following:
    1. A representative from the Vermont Department of Children and Families ("DCF"), appointed by the commissioner of DCF, who shall serve as compact administrator and as the state's representative on the commission;
    2. A representative from DCF, appointed by the commissioner of DCF, who shall serve as deputy compact administrator and who shall discharge the duties of the compact administrator in the administrator's absence;
    3. One representative from the Vermont center for crime victims services to be appointed by the board of the Vermont center for crime victims services;
    4. One representative from the judiciary to be appointed by the Chief Justice of the Supreme Court; and
    5. One representative of the legislative branch appointed by the general assembly pursuant to a process determined by the joint rules committee.
  2. Member's terms:  Each council member's term shall begin on February 1 of odd-numbered years and shall continue for two years and until a successor is appointed.  If a position becomes vacant during a term, it shall be filled in the manner described above for the balance of that term.  Members may be reappointed without limitation.
  3. Council responsibilities:  The council shall be advisory to DCF concerning the state's participation in commission activities.  In addition, the council may designate a designee to the commission if the compact administrator and deputy compact administrator are unavailable.
  4. Staffing: DCF shall carry out the state's duties pursuant to the compact, and shall provide administrative support to the council.

    This Executive Order shall take effect upon signing.

    Dated June 16, 2011.

33-22. (No. 08-11) [Vermont Housing Council.

WHEREAS, decent and affordable housing is a basic need of all Vermonters and an important component of a viable economy;

WHEREAS, there exists a significant and growing need among Vermonters to secure safe, decent and affordable housing, especially for families and those with low incomes;

WHEREAS, federal funds for housing have been substantially reduced and state and local housing resources remain limited;

WHEREAS, the price of unregulated fuels poses a threat to the sustainability of Vermont's affordable housing stock and state policy requires investment in energy efficiency and renewable energy;

WHEREAS, the continued development of affordable housing involves myriad barriers that must be considered and evaluated so that affordability is achieved and maintained;

WHEREAS, the preservation of affordable housing at risk of loss as a result of deterioration or conversion is a state priority;

WHEREAS, Vermont's role in the promotion of permanently affordable housing is recognized internationally; and

WHEREAS, cooperation and collaboration among state and federal agencies and housing providers is necessary to implement the state's housing policy.

NOW, THERE, I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby order as follows:

  1. The Vermont Housing Council is formed to coordinate and oversee implementation of the state's housing policy, to evaluate housing services and initiatives, and to be a resource to housing providers in their efforts to supply decent and affordable housing to Vermonters.
  2. The Commissioner of the Department of Economic, Housing and Community Development (or designee) shall serve as chair of the Council. Other members shall include representatives of the Vermont State Housing Authority, the Vermont Housing Finance Agency, the Vermont Housing and Conservation Board, the Vermont Association of Public Housing Directors, the United States Department of Housing and Urban Development, the United States Department of Agriculture, the Vermont Agency of Human Services, the Vermont Department of Public Safety, and the Division for Historic Preservation of the Agency of Commerce and Community Development.  Appointees shall serve at the pleasure of the agencies they represent.  The Governor shall also appoint community members to represent each of the following interests: a statewide nonprofit housing developer, a regional nonprofit housing provider, a private sector housing provider, and a low-income advocate. These four community members shall each serve two-year terms beginning February 1 in odd-numbered years, and until their successors are appointed and qualified.
  3. The responsibilities of the Vermont Housing Council shall include, but not be limited to:
    1. reviewing and analyzing available information and data on housing resources and related issues including housing, energy and transportation costs for low and moderate- income Vermonters as well as credit availability, foreclosures, regional development trends, and coordination between housing and services;
    2. recommending initiatives to increase the supply of smart growth sites for affordable housing, seeking the elimination of regulatory barriers for affordable housing and promoting the development of resources for such housing;
    3. considering innovative private/public partnerships and initiatives designed to create and maintain housing opportunities for low-income Vermonters;
    4. providing an organized forum for the discussion of affordable housing issues and to propose reasonable solutions;
    5. recommending models of partnership among housing and human service providers to implement supportive housing solutions that alleviate homelessness, and reduce recidivism and institutionalization;
    6. recommending policies to the governor and congressional delegation that can improve Vermont's access to resources, housing quality and affordability; and
    7. establishing subcommittees to address specific issues and develop recommended solutions.
  4. The Council shall be attached to the Department of Economic, Housing and Community Development for administrative support. To the extent funds permit, community members shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010(e) .

    This Executive Order shall take effect upon signing and rescinds Executive Order No. 02-95 (codified as Executive Order No. 33-10).

    Dated June 27, 2011.

33-23. (No. 15-11) [Governor's Commission on Successful Aging.

WHEREAS, Vermont places great value on the contributions of its older citizens; and

WHEREAS, it is important that older Vermonters maintain their health and remain active and involved in their communities; and

WHEREAS, encouraging older Vermonters to participate in the labor market will positively impact the State's economic development and sustainability while at the same time result in improved physical, mental, emotional and financial well-being of older Vermonters; and

WHEREAS, being physically active contributes substantially to healthy aging;

WHEREAS, a public health approach to successful aging has been shown to improve the health status of older adults and to prevent or delay unnecessary treatments and services;

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor, establish the Governor's Commission on Successful Aging.

  1. Composition.

    The Commission shall consist of no more than 15 members, appointed by the Governor. Members shall be appointed by the Governor to three-year terms, beginning March 1 of the year of appointment or until their successors are appointed. (Initial appointments shall take effect immediately and shall include the term beginning March 1, 2012.) Initially, one-third of the members shall be appointed to one-year terms, one-third to two-year terms, and one-third to three-year terms. No member shall serve more than two consecutive terms.

    Members shall include: the Commissioner of the Department of Disabilities, Aging and Independent Living or designee; a representative from the Vermont Department of Mental Health or designee; a representative from the Vermont Department of Health; the Commissioner of the Department of Labor or designee; a representative of Creative Workforce Solutions; a representative of the Area Agencies on Aging; a representative of the American Association of Retired Persons (AARP); a representative of the Community of Vermont Elders (COVE); a representative of a Vermont association of businesses; a representative from the Senior Community Service Employment Program; an individual representing Vermont's municipalities; a representative from the Vermont Agency of Transportation; two seniors who exemplify healthy aging through their work as community and/or business leaders. The Governor or the Governor's designee shall chair the Commission.

  2. Committee Charge.
    1. To make recommendations to the Administration on the design and implementation of health reform initiatives, in order to promote healthy aging through the lifespan and to ensure reforms are responsive to the needs and preferences of older Vermonters;
    2. To assist the Department of Disabilities, Aging and Independent Living, the Department of Labor, and other State agencies in optimizing the potential of Vermont's older workers, including the implementation of a strategic approach to engaging older Vermonters in the labor force;
    3. To assist the Department of Disabilities, Aging and Independent Living, the Department of Health, and the Department of Mental Health  in identifying potential sources of funding for health/mental health promotion programs and to make  recommendations regarding the pursuit of funding opportunities and implementation of programs;
    4. To make recommendations to the Administration on ways to promote the creation of more livable communities for all ages by ensuring active, non-motorized transportation initiatives such as Complete Streets and Safe Streets are responsive to the needs and preferences of older Vermonters.
  3. Committee Process.

    The Commission shall meet at least three times annually or upon the call of the Chair and shall submit a report to the Governor each year by July 1.

    The Commission shall be attached to the Department of Disabilities, Aging and Independent Living for administrative support. To the extent funds permit, members who are not employed by the state shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010(e) .

  4. Effective Dates.

    This Executive Order shall take effect upon signing and shall expire on November 30, 2016 unless extended by the Governor.

    Dated November 8, 2011.

33-24. (No. 03-12) [Vermont Council on Homelessness.

WHEREAS, homelessness has been a persistent and growing problem within Vermont for 30 years; and

WHEREAS, homelessness assaults the human dignity of any individual affected, including children, young adults, working families, and veterans; and

WHEREAS, both the financial and human costs of homelessness strain public services including health care, mental health care, and education; and

WHEREAS, Vermont has a commitment to the quality of life for all of its citizens; and

NOW, THEREFORE BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby re-establish and re-constitute the Vermont Council on Homelessness.

  1. Composition and Appointments.

    Members of the Council shall be appointed by the Governor for three years terms until their successors are appointed and qualified.

    Members shall include: the Secretary of Human Services or designee; the Commissioner of the Department of Mental Health or designee; the Commissioner of the Department of Disabilities, Aging and Independent Living or designee; the Commissioner of Corrections or designee; the Commissioner of the Department of Children and Families or designee; the Commissioner of the Department of Economic, Housing and Community Development or designee; the Commissioner of Education or designee; the Executive Director of the Vermont State Housing Authority or designee; the Executive Director of the Vermont Housing Finance Agency or designee; the Executive Director of the Housing and Conservation Board or designee; and

    Six (6) representatives of entities engaged in preventing or addressing homelessness including representatives of shelter providers and the Continuum of Care;

    Two (2) persons who have experienced homelessness and who are not otherwise included in another category;

    Two (2) housing providers;

    Two (2) at large members with a strong commitment to fighting homelessness.

  2. Council Charge.

    The responsibilities of the Council shall include, but not be limited to:

    1. Developing a Ten Year Plan to End Homelessness in Vermont which shall include annual targets for reducing the number of homeless people in Vermont and shall set forth plans to implement specific initiatives, including those developed at Governor Shumlin's June 2011 Summit on Homelessness;
    2. Monitoring and revising the Ten Year Plan to End Homelessness as necessary; and
    3. Reporting to the Governor on July 1 of each calendar year regarding: (1) recommendations to the Administration regarding resource, policy, and regulatory changes necessary to accomplish the goals of the Plan, and (2) progress made under the Plan.
  3. Council Process.

    The Governor shall appoint the Chair of the Council. The Council shall meet no less than quarterly. The Council shall establish sub-committees.

    The Council shall be attached to the Agency of Human Services for administrative support. To the extent funds permit, community members shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010(e) .

  4. Effective Dates.

    This Order shall take effect upon signing and expire on December 31, 2022. This Order supersedes and replaces Executive Order 05-06 (codified as No. 33-15).

    Dated January 25, 2012.

33-25. (No. 09-13) [Governor's Council on Pathways From Poverty.

Expired by its own terms, effective January 15, 2017.

33-26. (No. 07-19) [Drug Utilization Review Board.

WHEREAS, the State of Vermont participates in the Medicaid program; and

WHEREAS, the Omnibus Budget Reconciliation Act of 1990 (the "Act"), codified at 42 U.S.C.§ 1396r-8(g), requires the establishment of a drug use review program for states that participate in Medicaid; and

WHEREAS, the drug use review program must assure that outpatient drug claims for prescription drugs are appropriate, medically necessary and are not likely to result in adverse medical results; and

WHEREAS, the Act requires a Drug Use Review Board be established to carry out the requirements of the program under the sponsorship of the state Medicaid agency.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor, do hereby amend and reconstitute a Drug Utilization Review Board (the "Board"), as follows:

  1. Composition and Appointments.

    The Drug Utilization Review Board created by this Executive Order shall be a continuation and successor to the Board established by Executive Order No. 08-10 (codified at Executive Order No. 33-20), dated September 8, 2010.

    Members of the Board on the effective date of this Executive Order shall be reappointed by the Commissioner of the Department of Vermont Health Access and shall be divided into three classes, as nearly equal in number as possible, designated as Class I, Class II and Class III. Class I members shall initially serve until August 31, 2020; Class II members shall initially serve until August 31, 2021; and Class III members shall initially serve until August 31, 2022. Board members appointed to succeed members whose terms expire shall be appointed for staggered three-year terms expiring on August 31st of the third year following their appointment.

    At least one-third, but not more than half, of the Board's membership shall be licensed and actively practicing physicians appointed by the Commissioner of the Department of Vermont Health Access with the approval of the Governor.

    At least one-third of the membership of the Board shall be licensed and actively practicing pharmacists appointed by the Commissioner of the Department of Vermont Health Access with the approval of the Governor.

    The Board may include other members as proposed by the Commissioner of the Department of Vermont Health Access and approved by the Governor.

    In case of any increase or decrease, from time to time, in the number of Board members, the number of members in each class shall be apportioned as nearly equally as possible.

    The Chair shall be elected by vote of the members.

  2. Charge.

    The Board shall carry out the duties and responsibilities required by federal and State law and shall participate in the efforts of the Department of Vermont Health Access to assure that prescriptions for Medicaid patients are appropriate, medically necessary and not likely to result in adverse medical results.

    Specifically, the Board shall:

    1. approve any standards utilized in both prospective and retrospective drug utilization review;
    2. evaluate the results of the application of standards to Medicaid claims data to identify utilization patterns which suggest drug therapy problems;
    3. determine the content and methodology of specific activities to educate practitioners on common therapy problems;
    4. provide ongoing educational interventions for practitioners targeted through retrospective review; and
    5. report annually to the Commissioner of the Department of Vermont Health Access concerning the nature and scope of retrospective drug utilization review and educational activity.

      Members of the Board who are not otherwise employed by the State may receive per diem compensation in accordance with 32 V.S.A. § 1010(e) , subject to the availability of funding.

      The Board shall be attached to the Department of Vermont Health Access for administrative support.

  3. Effective Date.

    This Executive Order shall take effect upon signing and shall supersede and replace Executive Order No. 08-10 (codified at Executive Order No. 33-20), dated September 8, 2010.

    Dated September 5, 2019

TABLE OF RENUMBERED EXECUTIVE ORDERS

TABLE OF RENUMBERED EXECUTIVE ORDERS

The executive orders appearing in this table are arranged by order number prior to renumbering. Please note that prior to renumbering some executive order numbers may have been duplicated; see the chapter designations for differentiation between those executive orders. Asterisks denote orders that have been superseded, expired, revoked, rescinded, and/or abolished.

Issuance Codified Number #1-91, 3 App. ch. 1* Revoked and rescinded by #3-46 #1-92, 3 App. ch. 14 #18-6, 3 App. ch. 18 #1-93, 3 App. ch. 1 #3-23, 3 App. ch. 3 #1-94, 3 App. ch. 1* Revoked and rescinded by #3-65 #1-95, 3 App. ch. 25 #29-26, 3 App. ch. 29 #1-96A, 3 App. ch. 1* Superseded by #19-4 #1-97, 3 App. ch. 16* Revoked and rescinded by #3-65 #1-98, 3 App. ch. 16* Revoked and rescinded by #3-65 #1-99, 3 App. ch. 17* Revoked and rescinded by #3-50 #1-00, 3 App. ch. 1* Rescinded by #3-44 #1-01, 3 App. ch. 25 #29-28, 3 App. ch. 29 #1-03, 3 App. ch. 16* Superseded and replaced by #20-48 #1-04, 3 App. ch. 32* Superseded and replaced by #32-10 #1-05, 3 App. ch. 21 #21-8, 3 App. ch. 18 #1-06, 3 App. ch. 18 #18-16, 3 App. ch. 18 #1-07, 3 App. ch. 13* Revoked and rescinded by #3-50 #1-08, 3 App. ch. 33* Superseded by #6-09 #1-09, 3 App. ch. 3 #3-48, 3 App. ch. 3 #1-10, 3 App. ch. 3 #3-51, 3 App. ch. 3 #1-11, 3 App. ch. 10 #10-37, 3 App. ch. 10 #1-12, 3 App. ch. 3 #3-54, 3 App. ch. 3 #1-13, 3 App. ch. 3 #3-56, 3 App. ch. 3 #1-14, 3 App. ch. 3* Expired #1-15, 3 App. ch. 3 #3-66, 3 App. ch. 3 #1-16, 3 App. ch. 3 #3-71 3 App. ch. 3 #1-17, 3 App. ch. 3 #3-76 3 App. ch. 3 #1-18, 3 App. ch. 10 #10-44, 3 App. ch. 10 #1-19, App. ch. 20 #20-56, 3 App. ch. 20 #01-20, 3 App. ch. 20 #20-59, 3 App. ch. 20 #2-73, 3 App. ch. 26* Rescinded by #3-31 #2-77, 3 App. ch. 29* Revoked and rescinded by #3-46 #2-85, 3 App. ch. 17* Rescinded by #3-31 #2-91, 3 App. ch. 1* Revoked and rescinded by #3-46 #2-92, 3 App. ch. 2* #5-1, 3 App. ch. 5 Expired #2-93, 3 App. ch. 17* Revoked and rescinded by #3-46 #2-94, 3 App. ch. 2* Superseded by #5-3 #2-95, 3 App. ch. 29* Rescinded by #33-22, 3 App. ch. 33 #2-97, 3 App. ch. 16* Revoked and rescinded by #3-65 #2-98, 3 App. ch. 16* Revoked and rescinded by #3-65 #2-99, 3 App. ch. 18* #22-4, 3 App. ch. 22 Expired #2-00, 3 App. ch. 7* #10-23, 3 App. ch. 10 Expired #2-01, 3 App. ch. 14* #18-13, 3 App. ch. 18 Expired #2-02, 3 App. ch. 1* #3-41, 3 App. ch. 3 Expired #2-03, 3 App. ch. 19* # Rescinded by #3-66 #2-04, 3 App. ch. 10* Revoked and rescinded by #3-50 #2-05, 3 App. ch. 33* #33-13, 3 App. ch. 33 Expired #2-06, 3 App. ch. 20* Superseded and replaced by #20-35 #2-07, 3 App. ch. 29 #29-37, 3 App. ch. 29 #2-08, 3 App. ch. 29 #29-39, 3 App. ch. 29 #2-09, 3 App. ch. 33 #33-18, 3 App. ch. 33 #2-10, 3 App. ch. 10 #10-36, 3 App. ch. 10 #2-11, 3 App. ch. 15* Superseded and rescinded by #15-10 #2-12, 3 App. ch. 208 Superseded and replaced by #20-57, 3 App. ch. 20 #2-13, 3 App. ch. 3 #3-57, 3 App. ch. 3 #2-14, 3 App. ch. 3* Superseded and replaced by #3-77 #2-15, 3 App. ch. 19 #19-5, 3 App. ch. 19 #2-16, 3 App. ch. 3 #3-72, 3 App. ch. 3 #2-17, 3 App. ch. 3* Superseded and replaced by #3-81 #2-18, 3 App. ch. 3 #3-86, 3 App. ch. 3 #2-19, 3 App. ch. 10 #10-46, 3 App. ch. 10 #2-20, 3 app. ch. 3 #3-90, 3 App. ch. 3 #3-73, 3 App. ch. 29* Revoked and rescinded by #3-46 #3-91, 3 App. ch. 1* Revoked and rescinded by #3-50

#3A-92, 3 App. ch. 1* Revoked and rescinded by #3-46 #3-93, 3 App. ch. 14* Superseded and replaced by #8-10 #3-94, 3 App. ch. 14* Revoked and rescinded by #3-46 #3-95, 3 App. ch. 16* Revoked and rescinded by #3-65 #3-98, 3 App. ch. 16* Revoked and rescinded by #3-65 #3-99, 3 App. ch. 7* #10-21, 3 App. ch. 10 Expired #3-00, 3 App. ch. 7* #10-24, 3 App. ch. 10 Expired #3-01, 3 App. ch. 28* #32-6, 3 App. ch. 32 Expired #3-02, 3 App. ch. 7 #10-25, 3 App. ch. 10 #3-03, 3 App. ch. 1 #3-44, 3 App. ch. 3 #3-04, 3 App. ch. 10* #10-32, 3 App. ch. 10 Expired #3-05, 3 App. ch. 20* Superseded and replaced by #20-45 #3-06, 3 App. ch. 33* Superseded and replaced by #33-17 #3-07, 3 App. ch. 10* #10-34, 3 App. ch. 10* Expired #3-08, 3 App. ch. 29 #29-40, 3 App. ch. 29 #3-09, 3 App. ch. 16 #16-4, 3 App. ch. 16 #3-10, 3 App. ch. 29 #29-44, 3 App. ch. 29 #3-11, 3 App. ch. 20 #20-38, 3 App. ch. 20 #3-12, 3 App. ch. 3 #33-24, 3 App. ch. 33 #3-13, 3 App. ch. 3* Expired #3-14, 3 App. ch. 3 #3-62, 3 App. ch. 3 #3-15, 3 App. ch. 3 #3-67, 3 App. ch. 3 #3-16, 3 App. ch. 3 #3-73, 3 App. ch. 3 #3-17, 3 App. ch. 3 #3-78, 3 App. ch. 3 #3-18, 3 App. ch. 20 #20-55, 3 App. ch. 20 #3-19, 3 App. ch. 3 #3-88, 3 App. ch. 3 #3-20, 3 App. ch. 20 #20-60, 3 App. ch. 20 #4-73, 3 App. ch. 29* Abolished by #33-2 #4-85, 3 App. ch. 17* Revoked and rescinded by #3-46 #4-91, 3 App. ch. 1* Rescinded by #1-93 #4-92, 3 App. ch. 25 #29-23, 3 App. ch. 29 #4-93, 3 App. ch. 19 #23-2, 3 App. ch. 23 #4-94, 3 App. ch. 15* Revoked and rescinded by #3-46 #4-95, 3 App. ch. 16* Revoked and rescinded by #3-65 #4-98, 3 App. ch. 16* Revoked and rescinded by #3-65 #4-99, 3 App. ch. 7* #10-22, 3 App. ch. 10 Expired #4-00, 3 App. ch. 1* Superseded by #3-45 #4-01, 3 App. ch. 14* #18-14, 3 App. ch. 18 Expired #4-02, 3 App. ch. 16* Superseded by #20-30 #4-03, 3 App. ch. 29 #29-31, 3 App. ch. 29 #4-04, 3 App. ch. 30 #30-8, 3 App. ch. 30 #4-05, 3 App. ch. 27* #27-1, 3 App. ch. 27 Expired #4-06, 3 App. ch. 15* Revoked and rescinded by #3-50 #4-07, 3 App. ch. 20* Revoked and rescinded by #3-65 #4-08, 3 App. ch. 20* Superseded and replaced by #20-44 #4-09, 3 App. ch. 29 #29-42, 3 App. ch. 29 #4-10, 3 App. ch. 3 #3-52, 3 App. ch. 29 #4-11, 3 App. ch. 20 #20-39, 3 App. ch. 20 #4-12, 3 App. ch. 3 #3-55, 3 App. ch. 3 #4-13, 3 App. ch. 20* Superseded and replaced by #20-58 #4-14, 3 App. ch. 3 #3-63, 3 App. ch. 3 #4-15, 3 App. ch. 29 #29-52, 3 App. ch. 29 #4-16, 3 App. ch. 3 #3-74, 3 App. ch. 3 #4-17, 3 App. ch. 3 #3-79, 3 App. ch. 3 #4-18, 3 App. ch. 3 #3-87, 3 App. ch. 3 #4-19, 3 App. ch. 19 #19-6, 3 App. ch. 19 #4-20, 3 App. ch. 10 #10-48, 3 App. ch. 10 #5-73, 3 App. ch. 7* Rescinded by #3-31 #5-92, 3 App. ch. 7* Rescinded by #10-37 #5-93* Rescinded by #3-31 #5-94, 3 App. ch. 1* Superseded and replaced by #33-16 #5-95, 3 App. ch. 16* Revoked and rescinded by #3-65 #5-98, 3 App. ch. 1* #3-34, 3 App. ch. 3 Expired #5-99, 3 App. ch. 1* #3-38, 3 App. ch. 3 Expired #5-00, 3 App. ch. 16* Revoked and rescinded by #3-65 #5-02, 3 App. ch. 16* Revoked and rescinded by #3-65 #5-03, 3 App. ch. 25 #29-32, 3 App. ch. 29 #5-04, 3 App. ch. 33 #33-12, 3 App. ch. 33 #5-05, 3 App. ch. 20* Revoked and rescinded by #3-65 #5-06, 3 App. ch. 33* Superseded and replaced by #33-24 #5-07, 3 App. ch. 33 #33-16, 3 App. ch. 33 #5-08, 3 App. ch. 20* Revoked and rescinded by #3-65 #5-09, 3 App. ch. 29 #29-43, 3 App. ch. 29 #5-10, 3 App. ch. 29 #29-45, 3 App. ch. 29 #5-11, 3 App. ch. 10* Superseded and replaced by #10-40 #5-12, 3 App. ch. 32 #32-10, 3 App. ch. 32 #5-13, 3 App. ch. 20* Superseded and replaced by #20-57, 3 App. ch. 20 #5-14, 3 App. ch. 3 #3-64 3 App. ch. 3 #5-15, 3 App. ch. 20 #20-50 3 App. ch. 20 #5-16, 3 App. ch. 3 #3-75 3 App. ch. 3 #5-18, 3 App. ch. 6 #6-4 3 App. ch. 6 #5-19, 3 App. ch. 20 #20-57, 3 App. ch. 20 c1 #5-20, 3 App. ch. 20 #20-61, 3 App. ch. 20 #6-91, 3 App. ch. 16 #6-91, 3 App. ch. 16* Revoked and rescinded by #3-65 #6-92* Rescinded by #3-31 #6-94, 3 App. ch. 7* Superseded by #10-31 #6-95, 3 App. ch. 17 #21-5, 3 App. ch. 21 #6-98, 3 App. ch. 16* Revoked and rescinded by #3-65 #6-99, 3 App. ch. 14 #18-12, 3 App. ch. 18 #6-00, 3 App. ch. 11* Superseded by #15-7 #6-01, 3 App. ch. 17* Revoked and rescinded by #3-46 #6-02, 3 App. ch. 25 #29-30, 3 App. ch. 29 #6-03, 3 App. ch. 25 #29-33, 3 App. ch. 29 #6-05, 3 App. ch. 3 #3-46, 3 App. ch. 3 #6-06, 3 App. ch. 3* Superseded by #3-49 #6-07, 3 App. ch. 10* #10-35, 3 App. ch. 10 Expired #6-08, 3 App. ch. 29 #29-41, 3 App. ch. 29 #6-09, 3 App. ch. 33* #33-19, 3 App. ch. 33 Expired #6-10, 3 App. ch. 18* #18-19, 3 App. ch. 18 Expired #6-11, 3 App. ch. 20 #20-40, 3 App. ch. 20 #6-12, 3 App. ch. 10* #10-39, 3 App. ch. 10 Expired #6-13, 3 App. ch. 16 #16-5, 3 App. ch. 16 #6-14, 3 App. ch. 13 #13-7, 3 App. ch. 13 #6-15, 3 App. ch. 3 #3-68 3 App. ch. 3 #6-17, 3 App. ch. 3 #3-85, 3 App. ch. 3 #6-18, 3 App. ch. 29 #29-53 3 App. ch. 29 #6-19, 3 App. ch. 20 #20-58, 3 App. ch. 20 #7-85, 3 App. ch. 3* Rescinded by #3-31 #7-91, 3 App. ch. 25 #29-22, 3 App. ch. 29 #7-92* Rescinded by #33-10 #7-93, 3 App. ch. 25 #29-24, 3 App. ch. 29 #7-94, 3 App. ch. 14 #18-9, 3 App. ch. 18 #7-95, 3 App. ch. 1 #3-30, 3 App. ch. 3 #7-98, 3 App. ch. 16* Revoked and rescinded by #3-65 #7-99, 3 App. ch. 1 #29-27, 3 App. ch. 29 #7-00, 3 App. ch. 11* #15-6, 3 App. ch. 15 Expired #7-01, 3 App. ch. 15 #19-3, 3 App. ch. 19 #7-02, 3 App. ch. 7*

#7-15, 3 App. ch. 3 #3-69, 3 App. ch. 3 #7-19, 3 App. ch. 33 #33-26, 3 App. ch. 33 #8-91, 3 App. ch. 1* #3-19, 3 App. ch. 3 #8-93, 3 App. ch. 1* Superseded by #9-2 #8-95, 3 App. ch. 1 #3-31, 3 App. ch. 3 #8-96, 3 App. ch. 16* Revoked and rescinded by #3-65 #8-98, 3 App. ch. 26* Superseded by #30-6 #8-99, 3 App. ch. 16* Revoked and rescinded by #3-65 #8-00, 3 App. ch. 7* #10-25, 3 App. ch. 10 Expired #8-01, 3 App. ch. 2* Superseded by #5-6 #8-02, 3 App. ch. 1* #3-42, 3 App. ch. 3 Expired #8-03, 3 App. ch. 20 #20-3, 3 App. ch. 20 #8-06, 3 App. ch. 30* Revoked and rescinded by #3-50 #8-07, 3 App. ch. 20* Superseded and replaced by #4-08 #8-09, 3 App. ch. 18* Superseded and replaced by #6-10 #8-10, 3 App. ch. 33* Superseded and replaced by #33-26 #8-11, 3 App. ch. 33 #33-22, 3 App. ch. 33 #8-12, 3 App. ch. 21 #21-9, 3 App. ch. 21 #8-13, 3 App. ch. 29 #29-51, 3 App. ch. 29 #8-15, 3 App. ch. 3* Superseded and replaced by #3-80 #8-17, 3 App. ch. 3 #3-80, 3 App. ch. 3 #8-19, 3 App. ch. 10 #10-47, 3 App. ch. 10 #9-93* Superseded by statute #9-94, 3 App. ch. 26* Revoked and rescinded by #3-65 #9-95, 3 App. ch. 26* Revoked and rescinded by #3-65 #9-96, 3 App. ch. 14* #18-10, 3 App. ch. 18 Expired #9-98, 3 App. ch. 1* Superseded by #33-18 #9-99, 3 App. ch. 16* Revoked and rescinded by #3-65 #9-00, 3 App. ch. 3* #6-2, 3 App. ch. 6 Expired #9-01, 3 App. ch. 25 #29-29, 3 App. ch. 29 #9-02, 3 App. ch. 3* Superseded by #3-59 #9-03, 3 App. ch. 25 #29-35, 3 App. ch. 29 #9-09, 3 App. ch. 3* Superseded and replaced by #9-2 #9-10, 3 App. ch. 13 #13-5, 3 App. ch. 13 #9-11, 3 App. ch. 3 #3-53, 3 App. ch. 3 #9-12, 3 App. ch. 29 #29-49, 3 App. ch. 29 #9-13, 3 App. ch. 33* #33-25, 3 App. ch. 33 Expired #9-17, 3 App. ch. 3 #3-81, 3 App. ch. 3 #9-19, 3 App. ch. 3 #3-89, 3 App. ch. 3 #10-77a, 3 App. ch. 7* Revoked and rescinded by #3-46 #10-85, 3 App. ch. 9* Rescinded by #3-31 #10-91, 3 App. ch. 7* Superseded by #22-4 #10-93, 3 App. ch. 11* Rescinded by #15-4 #10-94, 3 App. ch. 12* Superseded by #16-5 #10-96, 3 App. ch. 11* #15-2, 3 App. ch. 15 Expired #10-98, 3 App. ch. 26* #30-6, 3 App. ch. 30 Expired #10-99, 3 App. ch. 16 #20-24, 3 App. ch. 20 #10-00, 3 App. ch. 3* #6-3, 3 App. ch. 6 Expired #10-01, 3 App. ch. 16* Rescinded by #20-29 #10-02, 3 App. ch. 14* #18-15, 3 App. ch. 18 Expired #10-03, 3 App. ch. 3* Superseded and replaced by #3-53 #10-09, 3 App. ch. 3 #3-50, 3 App. ch. 3 #10-10, 3 App. ch. 13* Superseded and replaced by 3-61 #10-11, 3 App. ch. 8 #18-20, 3 App. ch. 18 #10-12, 3 App. ch. 30* Revoked and rescinded by #3-65 #10-13, 3 App. ch. 3 #3-59, 3 App. ch. 3 #10-17, 3 App. ch. 20 #20-51, 3 App. ch. 20 #11-91* Superseded by #30-10 #11-93, 3 App. ch. 12* Revoked and rescinded by #3-46 #11-94, 3 App. ch. 1* Revoked and rescinded by #3-46 #11-96, 3 App. ch. 16* Revoked and rescinded by #3-65 #11-98, 3 App. ch. 1* Superseded by #3-38 #11-99, 3 App. ch. 11 #15-4, 3 App. ch. 15 #11-01, 3 App. ch. 11* Superseded and replaced by #15-8 #11-02, 3 App. ch. 7* Superseded by #10-30 #11-03, 3 App. ch. 5 #5-4, 3 App. ch. 5 #11-10, 3 App. ch. 29 #29-16, 3 App. ch. 29 #11-11, 3 App. ch. 20 #29-41 App. ch. 20 #11-12, 3 App. ch. 20 #20-46 App. ch. 20 #05-17, 3 App. ch. 10 #10-41 App. ch. 10 #11-17, 3 App. ch. 10 #10-41 App. ch. 10 #12-85, 3 App. ch. 16* Revoked and rescinded by #3-65 #12-91, 3 App. ch. 15* Revoked and rescinded by #3-46 #12-93, 3 App. ch. 25 #29-25, 3 App. ch. 29 #12-94, 3 App. ch. 1* Superseded by #30-7 #12-96, 3 App. ch. 16* Revoked and rescinded by #3-65 #12-98, 3 App. ch. 11* #15-3, 3 App. ch. 15 Expired #12-02, 3 App. ch. 7 #10-29, 3 App. ch. 10 #12-03, 3 App. ch. 5* Revoked and rescinded by #3-50 #12-10, 3 App. ch. 18 #29-47, 3 App. ch. 29 #12-11, 3 App. ch. 18* Revoked and rescinded by #3-65 #12-12, 3 App. ch. 9 #9-2, 3 App. ch. 9 #12-17, 3 App. ch. 10 #10-42, 3 App. ch. 10 #13-69, 3 App. ch. 1* Revoked and rescinded by #3-46 #13-91, 3 App. ch. 7* Revoked and rescinded by #3-50 #13-93, 3 App. ch. 1* Superseded by #3-37 #13-94, 3 App. ch. 12* Revoked and rescinded by #3-46 #13-96, 3 App. ch. 1 #3-33, 3 App. ch. 3 #13-98, 3 App. ch. 14* Superseded by #18-13 #13-03, 3 App. ch. 5* Superseded by #5-7 #13-10, 3 App. ch. 29 #29-48, 3 App. ch. 29 #13-11, 3 App. ch. 5 #5-7, 3 App. ch. 5 #13-12, 3 App. ch. 20 #20-47, 3 App. ch. 20 #13-17, 3 App. ch. 10* Superseded and replaced by #10-46 #14-78, 3 App. ch. 1* Superseded and replaced by #3-52 #14-91, 3 App. ch. 14* Revoked and rescinded by #3-46 #14-94, 3 App. ch. 7 #10-19, 3 App. ch. 10 #14-96, 3 App. ch. 7 #10-20, 3 App. ch. 10 #14-98, 3 App. ch. 1* Superseded and rescinded by #3-43 #14-03, 3 App. ch. 10* Superseded and replaced by #10-40 #14-11, 3 App. ch. 32* Revoked and rescinded by #3-65 #14-12, 3 App. ch. 29 #29-50, 3 App. ch. 29 #14-17, 3 App. ch. 20 #20-52, 3 App. ch. 29 #15-85, 3 App. ch. 18 #22-1, 3 App. ch. 22 #15-91, 3 App. ch. 1 #3-20, 3 App. ch. 3 #15-03, 3 App. ch. 30* Superseded by #30-9 #15-11, 3 App. ch. 33 #33-23, 3 App. ch. 33 #15-12, 3 App. ch.

#17-11, 3 App. ch. 20 #20-42, 3 App. ch. 20 #17-17, 3 App. ch. 20 #20-54, 3 App. ch. 20 #18-03, 3 App. ch. 33* Revoked and rescinded by #33-15 #18-11, 3 App. ch. 20 #20-43, 3 App. ch. 20 #18-17, 3 App. ch. 3 #3-83, 3 App. ch. 3 #19-78, 3 App. ch. 29* Revoked and rescinded by #3-46 #19-86, 3 App. ch. 1* #3-9, 3 App. ch. 3 Expired #19-17, 3 App. ch. 3 #3-84, 3 App. ch. 3 #20-70, 3 App. ch. 19* Revoked and rescinded by #3-46 #20-78, 3 App. ch. 1* Rescinded by #3-31 #20-86, 3 App. ch. 1* Revoked and rescinded by #3-46 #21-78, 3 App. ch. 1* Revoked and rescinded by #3-46 #21-86, 3 App. ch. 25* Revoked and rescinded by #3-46 #23-86, 3 App. ch. 25 #29-12, 3 App. ch. 29 #24-86, 3 App. ch. 7* Revoked and rescinded by #3-65 #25-70, 3 App. ch. 7* Revoked and rescinded by #3-46 #26-70, 3 App. ch. 7* Revoked and rescinded by #3-46 #26-86, 3 App. ch. 25 #29-13, 3 App. ch. 29 #28-79, 3 App. ch. 29* Revoked and rescinded by #3-46 #28-86, 3 App. ch. 25* Superseded and replaced by #3-64 #29-71, 3 App. ch. 7* Revoked and rescinded by #3-46 #30-76, 3 App. ch. 26* Revoked and rescinded by #3-46 #30-86, 3 App. ch. 18 #22-2, 3 App. ch. 22 #32-79, 3 App. ch. 1* Revoked and rescinded by #3-46 #32-86, 3 App. ch. 28* Revoked and rescinded by #3-65 #33-79, 3 App. ch. 29* Revoked and rescinded by #3-46 #33-87A, 3 App. ch. 13* Superseded and replaced by #13-5 and #13-6 #34-71, 3 App. ch. 7* Revoked and rescinded by #3-46 #35-79, 3 App. ch. 14 #18-1, 3 App. ch. 18 #35-87, 3 App. ch. 1* Revoked and rescinded by #3-46 #36-70, 3 App. ch. 17* Revoked and rescinded by #3-46 #36-87, 3 App. ch. 1* Revoked and rescinded by #3-46

#38-79, 3 App. ch. 25 #29-1, 3 App. ch. 29 #38-87, 3 App. ch. 28* Revoked and rescinded by #3-65 #40-79, 3 App. ch. 29* Revoked and rescinded by #3-46 #41-87, 3 App. ch. 25 #29-15, 3 App. ch. 29 #42-79, 3 App. ch. 14 #18-2, 3 App. ch. 18 #42-87, 3 App. ch. 32* Superseded by #32-7 #42A-87, 3 App. ch. 32* Superseded by #32-7 #43-71, 3 App. ch. 7* Revoked and rescinded by #3-46 #44-72, 3 App. ch. 1 #3-2, 3 App. ch. 3 #45-87, 3 App. ch. 1* Revoked and rescinded by #3-46 #48-80, 3 App. ch. 14 #18-3, 3 App. ch. 18 #48-87, 3 App. ch. 29* Revoked and rescinded by #3-46 #51-80, 3 App. ch. 29 #33-8, 3 App. ch. 33 #51-87, 3 App. ch. 16* Revoked and rescinded by #3-65 #53-87, 3 App. ch. 7 #10-9, 3 App. ch. 10 #54-87, 3 App. ch. 25 #29-16, 3 App. ch. 29 #55-81, 3 App. ch. 17* Revoked and rescinded by #3-46 #55-87, 3 App. ch. 28* Revoked and rescinded by #3-65 #56-81, 3 App. ch. 26* Revoked and rescinded by #3-65 #56-88, 3 App. ch. 1* Superseded and replaced by #3-52 #57-80, 3 App. ch. 25 #29-2, 3 App. ch. 29 #58-81, 3 App. ch. 25 #29-3, 3 App. ch. 29 #58-88, 3 App. ch. 16* Revoked and rescinded by #3-46 #61-81, 3 App. ch. 7* Revoked and rescinded by #3-46 #63-81, 3 App. ch. 25 #23-4, 3 App. ch. 29 #63A-82, 3 App. ch. 25 #23-5, 3 App. ch. 29 #64-82, 3 App. ch. 25 #23-6, 3 App. ch. 29 #64-88, 3 App. ch. 25 #29-17, 3 App. ch. 29 #65-88, 3 App. ch. 25 #29-18, 3 App. ch. 29 #66-88, 3 App. ch. 25* #29-19, 3 App. ch. 29 #67-82, 3 App. ch. 16 #20-1, 3 App. ch. 20 #68-82, 3 App. ch. 25 #29-7, 3 App. ch. 29 #68-88, 3 App. ch. 7* Revoked and rescinded by #3-50

#70-83, 3 App. ch. 25 #29-8, 3 App. ch. 29 #70-89, 3 App. ch. 1* Revoked and rescinded by #3-50 #71-83, 3 App. ch. 1* #3-6, 3 App. ch. 3 Expired #71-89, 3 App. ch. 7* Revoked and rescinded by #3-46 #72-83, 3 App. ch. 25 #29-9, 3 App. ch. 29 #72A-89, 3 App. ch. 25 #29-20, 3 App. ch. 29 #73-83, 3 App. ch. 25 #29-10, 3 App. ch. 29 #73A-89, 3 App. ch. 14* Rescinded by #18-12 #74-83, 3 App. ch. 1* Rescinded by #3-33 #75-89, 3 App. ch. 1* Superseded or rescinded #77-89, 3 App. ch. 16* Revoked and rescinded by #3-65 #81-89, 3 App. ch. 25 #29-21, 3 App. ch. 29 #82-90, 3 App. ch. 16 #20-6, 3 App. ch. 20 #83-84, 3 App. ch. 1 #3-8, 3 App. ch. 3 #84-84, 3 App. ch. 25 #29-11, 3 App. ch. 29 #84-90, 3 App. ch. 7* Revoked and rescinded by #3-46 #92-90, 3 App. ch. 7 #10-13, 3 App. ch. 10 #97-90, 3 App. ch. 18* Revoked and rescinded by #3-50 #98-90, 3 App. ch. 3* Superseded by #10-20 #99-90, 3 App. ch. 7* Revoked and rescinded by #3-50 #100-91, 3 App. ch. 6 #9-1, 3 App. ch. 9 #101-91, 3 App. ch. 1 #3-21, 3 App. ch. 3

INDEX TO EXECUTIVE ORDERS

=orh INDEX

=erh EXECUTIVE ORDERS

________

=20pag