3 V.S.A. § 1042 — VT Code / Title 3 / Chapter 28 / Section 1042
§ 1042. Enforcement
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.
3APPENDIX V.S.A. § 42 — VT Code / Title 3APPENDIX / Chapter 29 / Section 42
§ 29-42. Exec. Order No. 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]
Status: in_force

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:

• 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.
3APPENDIX V.S.A. § 7 — VT Code / Title 3APPENDIX / Chapter 15 / Section 7
§ 15-7. Exec. Order No. 15-7 (No. 11-01) [Creation of the Vermont Council on Domestic Violence]
Status: in_force

Superseded and replaced by Executive Order No. 04-06 (codified as Executive Order No. 15-8), dated June 29, 2006.
3 V.S.A. § 52 — VT Code / Title 3 / Chapter 3 / Section 52
§ 52. Records
Status: in_force

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.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 15 / Section 2
§ 15-2. Exec. Order No. 15-2 (No. 10-96) [Creation of Vermont Council on Family Violence]
Status: in_force

Expired by its own terms, effective July 1998.
3 V.S.A. § 2516 — VT Code / Title 3 / Chapter 47 / Section 2516
§ 2516. Contract provisions
Status: in_force

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.
3APPENDIX V.S.A. § 39 — VT Code / Title 3APPENDIX / Chapter 3 / Section 39
§ 3-39. Exec. Order No. 3-39 (No. 01-00) [Governor's Development Cabinet]
Status: in_force

Revoked and rescinded by Executive Order 03-03 (codified as Executive Order No. 3-44), dated April 11, 2003.
3 V.S.A. § 2403 — VT Code / Title 3 / Chapter 47 / Section 2403
§ 2403. Advisory capacity
Status: in_force

All boards and commissions that 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.
3 V.S.A. § 1020 — VT Code / Title 3 / Chapter 28 / Section 1020
§ 1020. Reports arbitration; costs
Status: in_force

(a) 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.

(b) 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.
3APPENDIX V.S.A. § 51 — VT Code / Title 3APPENDIX / Chapter 20 / Section 51
§ 20-51. Exec. Order No. 20-51 (No. 10-17) [Activation of Vermont National Guard for Special Duty]
Status: in_force

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.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 21 / Section 2
§ 21-2. Exec. Order No. 21-2 (No. 55-81) [Administration of Comprehensive Employment and Training Office]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 2808 — VT Code / Title 3 / Chapter 51 / Section 2808
§ 2808. Agency permits
Status: in_force

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.
3 V.S.A. § 2872 — VT Code / Title 3 / Chapter 51 / Section 2872
§ 2872. Department of Forests, Parks and Recreation
Status: in_force

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.
3APPENDIX V.S.A. § 10 — VT Code / Title 3APPENDIX / Chapter 30 / Section 10
§ 30-10. Exec. Order No. 30-10 (No. 10-12) [Governor's Energy Generation Siting Policy Commission]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3 V.S.A. § 2474 — VT Code / Title 3 / Chapter 47 / Section 2474
§ 2474. Administrative Services Division
Status: in_force

(a) 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.

(b) 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.

(c) 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.
3APPENDIX V.S.A. § 12 — VT Code / Title 3APPENDIX / Chapter 33 / Section 12
§ 33-12. Exec. Order No. 33-12 (No. 05-04) [Building Bright Futures: Vermont's Alliance for Children Transitional Board]
Status: in_force

Superseded and replaced by Executive Order No. 33-14 (codified as Executive Order 03-06), dated June 5, 2006.
3 V.S.A. § 344 — VT Code / Title 3 / Chapter 14 / Section 344
§ 344. Contract administration
Status: in_force

(a) 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.

(b) 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.
3 V.S.A. § 3082 — VT Code / Title 3 / Chapter 53 / Section 3082
§ 3082. Department of Health
Status: in_force

The Department of Health is created within the Agency of Human Services as the successor to and the continuation of the Department of Health.
3APPENDIX V.S.A. § 28 — VT Code / Title 3APPENDIX / Chapter 10 / Section 28
§ 10-28. Exec. Order No. 10-28 (No. 11-02) [Reduction in Greenhouse Gas Emissions from State Government Buildings and Operations]
Status: in_force

Superseded and replaced by Executive Order No. 14-03 (codified as Executive Order No. 10-30), dated September 16, 2003.
3 V.S.A. § 922 — VT Code / Title 3 / Chapter 27 / Section 922
§ 922. Office space; employees
Status: in_force

(a) 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.

(b) 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.
3 V.S.A. § 166 — VT Code / Title 3 / Chapter 7 / Section 166
§ 166. Court Diversion Fund
Status: in_force

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.
3APPENDIX V.S.A. § 21 — VT Code / Title 3APPENDIX / Chapter 10 / Section 21
§ 10-21. Exec. Order No. 10-21 (No. 03-99) [Establishment of Advisory Council to the Agency of Commerce and Community Development]
Status: in_force

Expired by its own terms, effective May 1, 2005.
3 V.S.A. § 162 — VT Code / Title 3 / Chapter 7 / Section 162
§ 162. Fees and services forbidden
Status: in_force

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.
3 V.S.A. § 475 — VT Code / Title 3 / Chapter 16 / Section 475
§ 475. Errors
Status: in_force

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.
3APPENDIX V.S.A. § 20 — VT Code / Title 3APPENDIX / Chapter 3 / Section 20
§ 3-20. Exec. Order No. 3-20 (No. 15-91) [Recognition and Encouragement of Vermont Minority/Women Business Enterprises Partnership]
Status: in_force

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.
3APPENDIX V.S.A. § 50 — VT Code / Title 3APPENDIX / Chapter 20 / Section 50
§ 20-50. Exec. Order No. 20-50 (No. 05-15) [State of Emergency in Washington County, Call-Out of Guard]
Status: in_force

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
3 V.S.A. § 1221 — VT Code / Title 3 / Chapter 31 / Section 1221
§ 1221. State Ethics Commission
Status: in_force

[Subsection (a) effective until September 1, 2027; see also subsection (a) effective September 1, 2027 set out below.]

(a) 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 Personnel Policy and Procedure Manual, 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.

[Subsection (a) effective September 1, 2027; see also subsection (a) effective until September 1, 2027 set out above.]

(a) Creation. There is created within the Executive Branch an independent commission named the State Ethics Commission to accept, review, investigate; hold hearings; issue warnings and reprimands; and recommend actions, make referrals regarding, and track complaints of alleged violations of governmental conduct regulated by law, of the Department of Human Resources Personnel Policy and Procedure Manual, of the State 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.

(b) Membership.

(1) The Commission shall be composed of the following seven members:

(A) one member, appointed by the Chief Justice of the Supreme Court;

(B) one member, appointed by the League of Women Voters of Vermont, who shall be a member of the League;

(C) one member, appointed by the Board of Directors of the Vermont Society of Certified Public Accountants, who shall be a member of the Society;

(D) one member, appointed by the Board of Managers of the Vermont Bar Association, who shall be a member of the Association;

(E) one member, appointed by the Board of Directors of the SHRM (Society for Human Resource Management) Vermont State Council, who shall be a member of the Council;

(F) one member, who shall be a former municipal officer, appointed by the Speaker of the House; and

(G) one member, who shall be a former municipal officer, appointed by the Senate Committee on Committees.

(2) The Commission shall elect the Chair of the Commission from among its membership.

(3) A member shall not:

(A) hold any office in the Legislative, Executive, or Judicial Branch of State government or otherwise be employed by the State;

(B) 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;

(C) be a lobbyist;

(D) be a candidate for State, legislative, or elected judicial office; or

(E) hold any office in a State, legislative, or elected judicial 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.

(5)(A) A member shall serve a term of five 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 no two terms expire at the same time.

(B) 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.

(C) 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).

(c) 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.

(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.

(d) Confidentiality. The Commission and the Executive Director shall maintain the confidentiality required by this chapter.

(e) Meetings. Meetings of the Commission:

(1) shall be held at least quarterly for the purpose of the Executive Director updating the Commission on the Executive Director's 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. § 310 et seq.

(f) Reimbursement. Each member of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010.
3APPENDIX V.S.A. § 49 — VT Code / Title 3APPENDIX / Chapter 29 / Section 49
§ 29-49. Exec. Order No. 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]
Status: in_force

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:

(A) 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

(B) 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.
3 V.S.A. § 606 — VT Code / Title 3 / Chapter 20 / Section 606
§ 606. Monies invested in Trust not considered assets or income
Status: in_force

(a) Notwithstanding any provision of law to the contrary, and to the extent permitted by federal law, no sum of money invested in the Trust shall be considered to be an asset or income for purposes of determining an individual's eligibility for assistance under any program administered by the Agency of Human Services.

(b) Notwithstanding any provision of law to the contrary, no sum of money invested in the Trust shall be considered to be an asset for purposes of determining an individual's eligibility for need-based institutional aid grants offered to an individual by a public postsecondary school located in Vermont.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 29 / Section 5
§ 29-5. Exec. Order No. 29-5 (No. 63A-82) [Transfer of Land in South Hero From Department of Forests, Parks and Recreation to Department of Fish and Game]
Status: reserved

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.
3 V.S.A. § 256 — VT Code / Title 3 / Chapter 11 / Section 256
§ 256. Term of officer appointed with advice and consent of Senate
Status: in_force

(a) 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.

(b) 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.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 19 / Section 1
§ 19-1. Exec. Order No. 19-1 (No. 12-91) [Functions of Division of Planning, Agency of Transportation]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 207 — VT Code / Title 3 / Chapter 9 / Section 207
§ 207. Assistance and expenditure
Status: repealed

(a) Each department specified in this chapter is empowered to employ assistance, clerical or otherwise, as the Governor deems necessary for its proper and efficient administration and, subject to the Governor's approval, to fix the compensation for those employed. No department shall expend or authorize an expenditure in excess of the amount appropriated in any fiscal year.

(b) Agency secretaries and department heads are authorized to recruit, train, and accept without regard to the civil service classification laws and rules, 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 ensure 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.
3 V.S.A. § 3084 — VT Code / Title 3 / Chapter 53 / Section 3084
§ 3084. Department for Children and Families
Status: in_force

(a) 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.

(b) 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.
3 V.S.A. § 1203i — VT Code / Title 3 / Chapter 31 / Section 1203i
§ 1203i. Employment restrictions
Status: in_force

(a) Outside employment. A public servant shall not seek or engage in outside employment or activities that are inconsistent, incompatible, or in conflict with the public servant's official duties.

(b) Post-government employment.

(1) Executive officers. Executive officers shall comply with the post- government employment restrictions prescribed in section 267 of this title and 2 V.S.A. § 266(b) and (c).

(2) Legislators. Legislators shall comply with the post-government employment restrictions prescribed in 2 V.S.A. § 266(b).

(3) Legislative Branch employees. Except as permitted in subdivision (4) of this subsection, for one year after leaving office, a former Legislative Branch employee may not, for compensation, appear before the General Assembly or its subparts, or the office in which the employee served in at the time of leaving service, to advocate for anyone other than the State, concerning any matter in which the State has a direct and substantial interest.

(4) Contracting exception. The limitations in subdivisions (1) through (3) of this subsection do not apply to individuals providing information or services to the State pursuant to contracts of the State unless the public servant is otherwise prohibited from doing so by State or federal law.

(5) Representation restrictions. After leaving State service or employment, a public servant shall not knowingly, with the intent to advocate for an outcome of an investigation, application, ruling, license, contract, claim, rulemaking, charge, arrest, or quasi-judicial or judicial proceeding, communicate with or appear before the State on matters involving specific parties in which the employee participated personally and substantially during government service and in which the State is a party or has a direct and substantial interest.
3 V.S.A. § 2453 — VT Code / Title 3 / Chapter 47 / Section 2453
§ 2453. Permissive duties; approval of Secretary
Status: in_force

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 rules.

(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 that pertain to programs administered by the department.

(5) Adopt rules 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.
3 V.S.A. § 482 — VT Code / Title 3 / Chapter 16 / Section 482
§ 482. Participation by local governments; election by employer
Status: in_force

(a) Any governing board of an employer that 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.

(b) 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.

(c) 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.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 20 / Section 5
§ 20-5. Exec. Order No. 20-5 (No. 77-89) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Washington County]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3 V.S.A. § 104 — VT Code / Title 3 / Chapter 5 / Section 104
§ 104. Preparation and publication of acts and resolutions
Status: in_force

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.
3 V.S.A. § 5002 — VT Code / Title 3 / Chapter 68 / Section 5002
§ 5002. Racial Equity Advisory Panel
Status: in_force

(a) 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.

(b)(1) The Panel shall consist of five members, as follows:

(A) one member, appointed by the Committee on Committees, who shall not be a current legislator;

(B) one member, appointed by the Speaker of the House, who shall not be a current legislator;

(C) one member, appointed by the Chief Justice of the Supreme Court, who shall not be a current legislator;

(D) one member, appointed by the Governor, who shall not be a current legislator; and

(E) 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.

(c) 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 Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations on:

(A) the extent to which the State is achieving the performance targets and measures as developed pursuant to subsection 5003(c) of this title; and

(B) the nature and quality of the collaboration between the Governor's Cabinet and the Executive Director.

(d) Each member of the Panel shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010.
3 V.S.A. § 2401 — VT Code / Title 3 / Chapter 47 / Section 2401
§ 2401. Definitions
Status: in_force

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).)
3 V.S.A. § 2103 — VT Code / Title 3 / Chapter 43 / Section 2103
§ 2103. Oath, meetings; committees
Status: in_force

(a) Each Secretary shall take and file the official oath prior to assuming office.

(b) 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.)
3 V.S.A. § 571 — VT Code / Title 3 / Chapter 19 / Section 571
§ 571. Declaration of policy
Status: in_force

In order to extend to employees of the State and its political subdivisions and to the dependents and survivors of those 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 General Assembly 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.
3 V.S.A. § 102a — VT Code / Title 3 / Chapter 5 / Section 102a
§ 102a. Facsimile signature of Secretary of State
Status: in_force

A facsimile of the signature of the Secretary of State imprinted by or at the Secretary's direction upon any certification issued pursuant to law, 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.
3APPENDIX V.S.A. § 42 — VT Code / Title 3APPENDIX / Chapter 3 / Section 42
§ 3-42. Exec. Order No. 3-42 (No. 08-02) [Interagency Executive Resource Planning Team Established]
Status: in_force

Expired by its own terms, effective June 30, 2005
3 V.S.A. § 259 — VT Code / Title 3 / Chapter 11 / Section 259
§ 259. Holding over
Status: in_force

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.
3 V.S.A. § 2321 — VT Code / Title 3 / Chapter 45 / Section 2321
§ 2321. Chief Prevention Officer
Status: in_force

(a) 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.

(b) 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.
3 V.S.A. § 5015 — VT Code / Title 3 / Chapter 68 / Section 5015
§ 5015. Council services contingent on agency compliance
Status: in_force

(a) On and after July 1, 2023, a law enforcement agency shall be prohibited from having its law enforcement applicants or officers trained by the Vermont Police Academy or from otherwise using the services of the Vermont Criminal Justice Council if the agency is not in compliance with the requirements for providing data to the Division of Racial Justice Statistics pursuant to subdivision 5013(a)(2) of this chapter.

(b) The Council shall adopt procedures to enforce the requirements of this section, which may allow for waivers for agencies under a plan to obtain compliance with this section.

(c) As used in this section:

(1) “Law enforcement agency” means the employer of a law enforcement officer.

(2) “Law enforcement officer” means a member of the Department of Public Safety who exercises law enforcement powers; a member of the State Police; a Capitol Police officer; a municipal police officer; a constable who exercises law enforcement powers; a motor vehicle inspector; an employee of the Department of Liquor and Lottery who exercises law enforcement powers; an investigator employed by the Secretary of State; a Board of Medical Practice investigator employed by the Department of Health; an investigator employed by the Attorney General or a State's Attorney; a fish and game warden; a sheriff; a deputy sheriff who exercises law enforcement powers; a railroad police officer commissioned pursuant to 5 V.S.A. chapter 68, subchapter 8; a police officer appointed to the University of Vermont's Department of Police Services; or the provost marshal or assistant provost marshal of the Vermont National Guard.
3APPENDIX V.S.A. § 74 — VT Code / Title 3APPENDIX / Chapter 3 / Section 74
§ 3-74. Exec. Order No. 3-74 (No. 04-16) [Vermont Strong License Plates]
Status: in_force

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:

(a) The Commissioner of Motor Vehicles shall continue to permit Vermonters to display Vermont Strong Commemorative License Plates on the front of eligible vehicles;

(b) 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

(c) 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
3APPENDIX V.S.A. § 58 — VT Code / Title 3APPENDIX / Chapter 20 / Section 58
§ 20-58. Exec. Order No. 20-58 (No. 06-19) [Governor's Emergency Preparedness Advisory Council]
Status: in_force

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:

I. 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.

II. 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.

III. 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.

IV. 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

ADDENDUM 1 TO EXECUTIVE ORDER 06-19

[Governor's Emergency Preparedness Advisory Council Extension]

WHEREAS, on July 17, 2019, the Governor issued Executive Order 06-19 which established the Governor's Emergency Preparedness Advisory Council (“GEPAC Executive Order”), to provide the Governor with advice and counsel on approaches to strengthen and improve our homeland security and emergency preparedness; and

WHEREAS, the mission of the GEPAC is to assess the State's overall homeland security and emergency preparedness programs, policies, and communications and provide for coordinated input by 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 the preparation, implementation, evaluation and revision of the current systems; and

WHEREAS, understanding the GEPAC serves a critical public health and safety function, the Governor has determined to rescind its 2024 expiration. 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 that effective July 15, 2024, the expiration of Executive Order 06-19 (codified as Executive Order No. 20-58), is hereby rescinded.

September 19, 2024.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 10 / Section 1
§ 10-1. Exec. Order No. 10-1 (No. 25-70) [Environmental Conservation Agency]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 2283a — VT Code / Title 3 / Chapter 45 / Section 2283a
§ 2283a. Department of Buildings and General Services
Status: in_force

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.
3 V.S.A. § 2004 — VT Code / Title 3 / Chapter 41 / Section 2004
§ 2004. Terms of Governor's appointees
Status: in_force

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.)
3 V.S.A. § 2223 — VT Code / Title 3 / Chapter 45 / Section 2223
§ 2223. Deputy Secretary; acting Secretary
Status: in_force

(a) 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.

(b) 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.

(c) 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.
3APPENDIX V.S.A. § 55 — VT Code / Title 3APPENDIX / Chapter 20 / Section 55
§ 20-55. Exec. Order No. 20-55 (No. 03-18) [Governor's Community Violence Prevention Task Force]
Status: in_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:

I. 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.

II. 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.

III. Effective Date.

This Executive Order shall take effect upon execution and shall expire December 31, 2019.

Dated April 19, 2018.
3 V.S.A. § 3301 — VT Code / Title 3 / Chapter 56 / Section 3301
§ 3301. Agency of Digital Services; created
Status: in_force

(a) 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:

(A) purchasing telecommunications services or facilities at rates competitive within the national marketplace;

(B) sharing bandwidth with service providers or other users;

(C) establishing equipment colocation arrangements with service providers; or

(D) 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.

(b) 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:

(A) the creation, collection, processing, storage, management, transmission, or conversion of electronic data, documents, or records; and

(B) 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.
3 V.S.A. § 314 — VT Code / Title 3 / Chapter 13 / Section 314
§ 314. Duty to furnish facilities
Status: in_force

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.
3 V.S.A. § 3051 — VT Code / Title 3 / Chapter 53 / Section 3051
§ 3051. Commissioners; deputy commissioners; appointment; term
Status: in_force

(a) 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.

(b) 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; and

(2) Substance Abuse.

(c) 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; and

(3) Family Services.

(d) 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; and

(4) Vermont Health Benefit Exchange.

(e) 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.
3 V.S.A. § 159 — VT Code / Title 3 / Chapter 7 / Section 159
§ 159. Opinions; State matters and actions
Status: in_force

(a) 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.

(b) The Attorney General shall have general supervision of matters and actions in favor of the State and of those instituted by or against State officers where interests of the State are involved and may settle such matters and actions as the interests of the State require.
3 V.S.A. § 2472a — VT Code / Title 3 / Chapter 47 / Section 2472a
§ 2472a. Historic site markers program
Status: in_force

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.
3 V.S.A. § 538 — VT Code / Title 3 / Chapter 18 / Section 538
§ 538. Accounting and reports
Status: in_force

Beginning on January 15, 2024, and annually thereafter, the Treasurer shall submit a report to the Governor and the House Committees on Commerce and Economic Development and on Government Operations and Military Affairs and the Senate Committees on Economic Development, Housing and General Affairs and on Government Operations detailing the activities, operations, receipts, and expenditures of the Program during the preceding calendar year, and any other information regarding the Program. The report shall include, as applicable, the number of participants, the investment options, rates of return, and the projected activities of the Program for the current calendar year.
3 V.S.A. § 265 — VT Code / Title 3 / Chapter 11 / Section 265
§ 265. Certified emergency volunteer leave
Status: in_force

(a) 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

(2)(A) the disaster relief services are to be performed in Vermont; or

(B) 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

(C) the disaster is declared by the governor of a state or territory.

(b) 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.

(c) The State shall not be liable for workers' compensation claims of the employee arising out of the disaster relief service work.
3 V.S.A. § 3302 — VT Code / Title 3 / Chapter 56 / Section 3302
§ 3302. Appointment of Secretary; powers and duties
Status: in_force

(a) 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.

(b) 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.
3APPENDIX V.S.A. § 47 — VT Code / Title 3APPENDIX / Chapter 29 / Section 47
§ 29-47. Exec. Order No. 29-47 (No. 12-10) [Transfer of Properties between the Department of Fish and Wildlife and the Department of Forests, Parks and Recreation]
Status: in_force

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.
3 V.S.A. § 489 — VT Code / Title 3 / Chapter 16 / Section 489
§ 489. Benefits
Status: in_force

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:

(1) elected municipal employees shall not be subject to mandatory retirement requirements; and

(2) sheriffs and those deputy sheriffs who meet the requirements pursuant to subdivision 455(a)(11)(F)(ii) of this chapter shall be considered members of Group G.
3APPENDIX V.S.A. § 19 — VT Code / Title 3APPENDIX / Chapter 3 / Section 19
§ 3-19. Exec. Order No. 3-19 (No. 8-91) [Executive Code of Ethics]
Status: in_force

Superseded by Executive Order No. 04-00 (codified as Executive Order No. 3-40), dated June 13, 2000.
3 V.S.A. § 469 — VT Code / Title 3 / Chapter 16 / Section 469
§ 469. Minimum benefit-Group C
Status: in_force

Anything contained in this title to the contrary notwithstanding, the benefit payable to or on account of a Group C member, inclusive of any benefit provided by his or her 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 that would have been payable to the member or on the member's 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.
3 V.S.A. § 2204 — VT Code / Title 3 / Chapter 45 / Section 2204
§ 2204. Personnel designation
Status: in_force

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.
3APPENDIX V.S.A. § 29 — VT Code / Title 3APPENDIX / Chapter 3 / Section 29
§ 3-29. Exec. Order No. 3-29 (No. 12-94) [Telecommunications Technology Council of Vermont]
Status: in_force

Superseded and replaced by Executive Order No. 15-03 (codified as Executive Order No. 30-7), dated September 24, 2003.
3APPENDIX V.S.A. § 25 — VT Code / Title 3APPENDIX / Chapter 33 / Section 25
§ 33-25. Exec. Order No. 33-25 (No. 09-13) [Governor's Council on Pathways From Poverty]
Status: in_force

Expired by its own terms, effective January 15, 2017.
3 V.S.A. § 2821 — VT Code / Title 3 / Chapter 51 / Section 2821
§ 2821. Appointment and salary
Status: repealed

(a) 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.

(b) [Repealed.]
3APPENDIX V.S.A. § 14 — VT Code / Title 3APPENDIX / Chapter 29 / Section 14
§ 29-14. Exec. Order No. 29-14 (No. 28-86) [Accessibility to Handicapped Persons of Buildings Used for Public Meetings Relating to State Government Business]
Status: in_force

Superseded and replaced by Executive Order No. 3-64 (codified as Executive Order No. 05-14), dated October 21, 2014.
3APPENDIX V.S.A. § 91 — VT Code / Title 3APPENDIX / Chapter 3 / Section 91
§ 3-91. Exec. Order No. 3-91 (No. 02-20) [Racial Equity Task Force]
Status: in_force

Expired by its own terms, effective midnight, May 31, 2021.
3 V.S.A. § 14 — VT Code / Title 3 / Chapter 1 / Section 14
§ 14. Federal Highway Safety Act; powers of Governor and political subdivision
Status: in_force

(a) 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.

(b) 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.

(c) 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.
3APPENDIX V.S.A. § 28 — VT Code / Title 3APPENDIX / Chapter 3 / Section 28
§ 3-28. Exec. Order No. 3-28 (No. 11-94) [Reimbursement for Members of Governor's Commission on Women]
Status: in_force

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
3 V.S.A. § 122 — VT Code / Title 3 / Chapter 5 / Section 122
§ 122. Office of Professional Regulation
Status: repealed

The Office of Professional Regulation is created within the Office of the Secretary of State. The Office shall have a director who shall be qualified by education and professional experience to perform the duties of the position. The Director of the Office of Professional Regulation shall be a classified position with the Office of the Secretary of State. The following boards or professions are attached to the Office of Professional Regulation:

(1) Board of Architects

(2) Barbers and Cosmetologists

(3) Board of Chiropractic

(4) Board of Allied Mental Health Practitioners

(5) Board of Dental Examiners

(6) 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) Private Investigative and Security Services

(19) Board of Public Accountancy

(20) Board of Veterinary Medicine

(21) [Repealed.]

(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

(50) Well Drillers

(51) Residential Contractors

(52) Peer Support Providers

(53) Peer Recovery Support Specialists

[Subdivision (54) effective July 1, 2026.]

(54) Community-Based Perinatal Doulas
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 20 / Section 1
§ 20-1. Exec. Order No. 20-1 (No. 67-82) [Cadre of the Vermont State Guard]
Status: in_force

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.
3 V.S.A. § 2476 — VT Code / Title 3 / Chapter 47 / Section 2476
§ 2476. Department of Tourism and Marketing
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) On and after July 1, 1997, all departments engaging in marketing activities shall submit to and coordinate marketing plans with the Commissioner.

(e) 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.

(f) 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.

(g) 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.
3APPENDIX V.S.A. § 13 — VT Code / Title 3APPENDIX / Chapter 18 / Section 13
§ 18-13. Exec. Order No. 18-13 (No. 02-01) [Commission on Public Health Care Values and Priorities]
Status: in_force

Expired by its own terms, effective July 1, 2002.
3 V.S.A. § 906 — VT Code / Title 3 / Chapter 27 / Section 906
§ 906. Designation of managerial, supervisory, and confidential employees
Status: in_force

(a) 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.

(b)(1) 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.

(2) The Executive Director of the Department of State's Attorneys and Sheriffs may designate as a confidential employee not more than one deputy sheriff paid by the State pursuant to 24 V.S.A. § 290(b) who is assigned to the Department of State's Attorneys and Sheriffs' central office to serve as the coordinator for the other State-paid deputies.
3APPENDIX V.S.A. § 18 — VT Code / Title 3APPENDIX / Chapter 18 / Section 18
§ 18-18. Exec. Order No. 18-18 (No. 11-09) [Interagency Council on Hunger]
Status: in_force

Expired by its own terms, effective November 30, 2015.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 10 / Section 4
§ 10-4. Exec. Order No. 10-4 (No. 34-71) [Transfer of Positions and Funds to Agency of Development and Community Affairs]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3APPENDIX V.S.A. § 40 — VT Code / Title 3APPENDIX / Chapter 29 / Section 40
§ 29-40. Exec. Order No. 29-40 (No. 03-08) [Transfer of Land in Topsham from Agency of Transportation to Department of Public Safety]
Status: in_force

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 80° 00′ W (magnetic) a distance of 576.84 feet to a point marked by an iron pin;

3. Thence along a tangent N 10° 00′ E (magnetic) a distance of 100.00 feet to a point marked by an iron pin;

4. Thence along a tangent N 80° 00′ W (magnetic) a distance of 200.00 feet to a point marked by an iron pin;

5. Thence along a tangent S 10° 00 W (magnetic) a distance of 368.88 feet to a point marked by an iron pin;

6. Thence along a tangent S 10° 00 W a distance of 426.18 feet to a point marked by an iron pin;

7. Thence along a tangent S 10° 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.
3APPENDIX V.S.A. § 43 — VT Code / Title 3APPENDIX / Chapter 3 / Section 43
§ 3-43. Exec. Order No. 3-43 (No. 09-02) [Establishment of the Governor's Workforce Equity and Diversity Council]
Status: in_force

Superseded by Executive Order No. 3-59 (codified as Executive Order No. 10-13), dated December 31, 2013.
3 V.S.A. § 204 — VT Code / Title 3 / Chapter 9 / Section 204
§ 204. Disqualification
Status: in_force

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.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 16 / Section 2
§ 16-2. Exec. Order No. 16-2 (No. 10-94) [Coordinating Council for Vermont Interactive Television]
Status: in_force

Superseded and replaced by Executive Order No. 16-5 (codified as Executive Order No. 06-13), dated July 10, 2013.
3 V.S.A. § 2254 — VT Code / Title 3 / Chapter 45 / Section 2254
§ 2254. Directors
Status: in_force

A director shall administer each division within the agency.
3 V.S.A. § 3027 — VT Code / Title 3 / Chapter 53 / Section 3027
§ 3027. Health care system reform; improving quality and affordability; report
Status: in_force

(a) 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.

(b) On or before February 15 annually, the Agency of Human Services shall provide an update to the House Committee on Health Care and the Senate Committee on Health and Welfare regarding all of the following:

(1) The status of the Agency's efforts to develop, update, and implement the Statewide Health Care Delivery Strategic Plan in accordance with 18 V.S.A. § 9403. The Agency shall adopt an evaluation framework using an evidence-based approach to assess both the effectiveness of Plan development and implementation and the Plan's overall impact. The evaluation shall include identifying what was accomplished, how well it was executed, and the benefits to specific cohorts within Vermont's health care system, and the Agency shall include updated evaluation results annually as part of its report.

(2) The activities of the Health Care Delivery Advisory Committee established pursuant to 18 V.S.A. § 9403a during the previous calendar year.

(3) The effects of the Statewide Health Care Delivery Strategic Plan, the efforts and activities of the Health Care Delivery Advisory Committee, and other efforts and activities engaged in or directed by the Agency on increasing access to care, improving the quality of care, and reducing the cost of care in Vermont.
3 V.S.A. § 963 — VT Code / Title 3 / Chapter 27 / Section 963
§ 963. Membership; employees' rights
Status: in_force

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; or

(3) cause or attempt to cause the discharge from employment of employees who refuse membership therein because of religious beliefs.
3 V.S.A. § 2825 — VT Code / Title 3 / Chapter 51 / Section 2825
§ 2825. Duties of the Secretary
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.
3APPENDIX V.S.A. § 10 — VT Code / Title 3APPENDIX / Chapter 18 / Section 10
§ 18-10. Exec. Order No. 18-10 (No. 09-96) [Governor's Health Care Financing Review Panel]
Status: in_force

Expired by its own terms, effective January 1, 1997.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 3 / Section 6
§ 3-6. Exec. Order No. 3-6 (No. 71-83) [Agencies Required To File Proposed Administrative Rules With Interagency Committee on Administrative Rules]
Status: in_force

Expired by its own terms, effective January 1, 1985.
3 V.S.A. § 5004 — VT Code / Title 3 / Chapter 68 / Section 5004
§ 5004. Information; disclosure and confidentiality
Status: in_force

(a) 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.

(b) 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:

(A) the identity of the individual if good cause exists to protect his or her confidentiality; and

(B) 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.
3 V.S.A. § 2311 — VT Code / Title 3 / Chapter 45 / Section 2311
§ 2311. Chief Performance Officer; annual State Outcomes Report
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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).
3APPENDIX V.S.A. § 35 — VT Code / Title 3APPENDIX / Chapter 20 / Section 35
§ 20-35. Exec. Order No. 20-35 (No. 08-07) [Vermont Communications Board]
Status: in_force

Superseded and replaced by Executive Order No. 04-08 (codified as Executive Order No. 20-36), dated October 28, 2008.
3 V.S.A. § 484 — VT Code / Title 3 / Chapter 16 / Section 484
§ 484. Election by employee; service credits
Status: in_force

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.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 6 / Section 4
§ 6-4. Exec. Order No. 6-4 (No. 05-18) [Vermont Agriculture Innovation Center]
Status: repealed

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. Composition and Appointments

The AIC shall have a board of directors composed of, at a minimum, the following seven representatives:

(A) The Secretary of Agriculture, Food and Markets (the Secretary), who will serve as chair.

(B) 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.

(C) 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.

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.
3 V.S.A. § 131 — VT Code / Title 3 / Chapter 5 / Section 131
§ 131. Accessibility and confidentiality of disciplinary matters
Status: in_force

(a) 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.

(b) All meetings and hearings of boards shall be subject to the Open Meeting Law.

(c) 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:

(A) the date and the nature of the complaint, but not including the identity of the licensee or the complainant; and

(B) 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:

(A) the name and public address of the licensee;

(B) 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;

(C) the findings, conclusions, rulings, and orders of the board or administrative law officer;

(D) the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;

(E) stipulations filed with the board or administrative law officer; and

(F) final disposition of the matter by the appellate officer or the courts.

(d) 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.

(e) The discovery rules for conduct complaints shall apply to and govern the provision of investigatory files to those charged with unprofessional conduct.

(f) 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.

(g) 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.
3APPENDIX V.S.A. § 37 — VT Code / Title 3APPENDIX / Chapter 20 / Section 37
§ 20-37. Exec. Order No. 20-37 (No. 05-08) [Declaration of State of Emergency and Activation of Emergency Operations Plan for Bennington, Orange, Windham, and Windsor Counties]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3 V.S.A. § 2104 — VT Code / Title 3 / Chapter 43 / Section 2104
§ 2104. Planning
Status: in_force

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.)
3APPENDIX V.S.A. § 23 — VT Code / Title 3APPENDIX / Chapter 10 / Section 23
§ 10-23. Exec. Order No. 10-23 (No. 02-00) [Vermont's Committee to Ensure Clean Air]
Status: in_force

Expired by its own terms, effective June 30, 2001.
3APPENDIX V.S.A. § 23 — VT Code / Title 3APPENDIX / Chapter 33 / Section 23
§ 33-23. Exec. Order No. 33-23 (No. 15-11) [Governor's Commission on Successful Aging]
Status: in_force

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.

I. 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.

II. Committee Charge1. 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.

III. 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).

IV. 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.
3 V.S.A. § 4004 — VT Code / Title 3 / Chapter 65 / Section 4004
§ 4004. Organization
Status: in_force

Insofar as is practicable each State administrative agency, department, and council that 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.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 10 / Section 5
§ 10-5. Exec. Order No. 10-5 (No. 43-71) [Transfer of Functions Relating to Industrial Hygiene and Ionizing Radiation to Department of Health]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 836 — VT Code / Title 3 / Chapter 25 / Section 836
§ 836. Procedure for adoption of rules
Status: in_force

(a) 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:

(A) The proposed rule as filed under section 838 of this title.

(B) The date by which comments may be submitted on the proposed rule and the address for such submission.

(C) The date and location of any public hearing.

(D) 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(10)(A) and does not include the name, affiliation, and contact information of the commenter.

(E) The final proposed rule as filed under section 841 of this title.

(F) 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.
3 V.S.A. § 2471b — VT Code / Title 3 / Chapter 47 / Section 2471b
§ 2471b. Government Marketing Assistance Center
Status: in_force

(a) 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.

(b) 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.

(c) 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.
3APPENDIX V.S.A. § 8 — VT Code / Title 3APPENDIX / Chapter 10 / Section 8
§ 10-8. Exec. Order No. 10-8 (No. 24-86) [Program for Recycling of Waste Products and Revision of State Solid Waste Management Plan]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3APPENDIX V.S.A. § 61 — VT Code / Title 3APPENDIX / Chapter 3 / Section 61
§ 3-61. Exec. Order No. 3-61 (No. 02-14) [Governor's Criminal Justice and Substance Abuse Cabinet]
Status: in_force

Superseded and replaced by Executive Order No. 3-77 (codified as Executive Order No. 03-77), dated January 5, 2017.
3APPENDIX V.S.A. § 93 — VT Code / Title 3APPENDIX / Chapter 3 / Section 93
§ 3-93. Exec. Order No. 3-93 (No. 04-21) [Permitting Modernization Directive]
Status: in_force

Expired by its own terms, effective midnight, December 31, 2023.
3 V.S.A. § 929 — VT Code / Title 3 / Chapter 27 / Section 929
§ 929. Records to be public
Status: in_force

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.
3 V.S.A. § 1029 — VT Code / Title 3 / Chapter 28 / Section 1029
§ 1029. Business and products of other employers
Status: in_force

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.
3 V.S.A. § 637 — VT Code / Title 3 / Chapter 21 / Section 637
§ 637. Dental coverage; members of the General Assembly; buy-in
Status: in_force

(a) A member of the General Assembly and a session employee of the General Assembly 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.

(b) 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.
3 V.S.A. § 534 — VT Code / Title 3 / Chapter 18 / Section 534
§ 534. Vermont Retirement Security Fund
Status: in_force

(a) There is established the Vermont Retirement Security Fund to be administered by the State Treasurer.

(b) The Fund shall consist of the following:

(1) any monies appropriated to the Fund by the General Assembly;

(2) any monies transferred to the Fund from the federal government, other state agencies, or other governmental source;

(3) any monies from the payment of fees, penalties, and the payment of other money due to the Program; and

(4) any gifts, grants, or donations made to the Fund and any gifts, grants, donations, or investments received by the Treasurer.

(c) The Treasurer shall credit to the Fund all interest and income derived from the deposit and investment of monies in the Fund.

(d) Any unexpended and unencumbered monies at the end of a fiscal year shall remain in the Fund.
3 V.S.A. § 203 — VT Code / Title 3 / Chapter 9 / Section 203
§ 203. Authority limited
Status: in_force

The commissioner or board at the head of each department specified in this chapter shall exercise only the powers and perform the duties imposed by law on such department.
3APPENDIX V.S.A. § 8 — VT Code / Title 3APPENDIX / Chapter 3 / Section 8
§ 3-8. Exec. Order No. 3-8 (No. 83-84) [Abolition of Certain Boards, Commissions, Councils and Other Bodies]
Status: in_force

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 V.S.A. § 347 — VT Code / Title 3 / Chapter 14 / Section 347
§ 347. Contractor contribution restrictions
Status: in_force

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.
3APPENDIX V.S.A. § 66 — VT Code / Title 3APPENDIX / Chapter 20 / Section 66
§ 20-66. Exec. Order No. 20-66 (No. 05-25) [2025 State Emergency Management Plan Promulgation]
Status: in_force

WHEREAS, the 2025 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 2025 SEMP replaces the 2019 SEMP and builds on lessons learned and best practices during disaster responses, exercises, and workshops; and

WHEREAS, the SEMP further expands the levels of activation for the State Emergency Operations Center (SEOC) to more accurately reflect the scale of needs during preparation, response, and recovery efforts for various events; and

WHEREAS, the SEMP formally incorporates recovery into the SEOC as a dedicated section activated within the SEOC to ensure recovery efforts are initiated promptly and coordinated at the highest level; and

WHEREAS, State Agencies and Departments, private sector entities, and volunteer and non-governmental organizations described in the SEMP participate in prevention, protection, response, mitigation, and/or recovery activities and as part of the SEMP 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 of Vermont by the Constitution of the State of Vermont, Chapter II, Section 3 and Section 20 and 20 V.S.A. § 8, do hereby promulgate the 2025 Vermont State Emergency Management Plan (SEMP).

I further order and direct each State Agency Secretary, Department Commissioner and Division Director with defined roles and responsibilities in the SEMP to work with the Director of the Department of Public Safety, Division of Emergency Management (VEM) in accordance with 20 V.S.A. § 3 to develop and maintain a supporting SEMP Partner Annex to ensure emergency preparedness and the capacity to provide response, mitigation and recovery support to the people of Vermont.

Each identified State Agency, Department or Division shall fulfill or execute its respective responsibilities outlined in the SEMP and ensure SEMP Partner Annexes are reviewed at least annually and revised as required.

Assignments within the SEMP are based on functional capabilities and statutory responsibilities of each Agency, Department or Division. To make the SEMP 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, Department, and Division shall provide three to five trained and qualified representatives to act in coordination with VEM and the SEOC in the delivery of their respective services throughout all of the mission areas.

This 2025 SEMP shall be in effect as of July 1, 2025 and remain in effect through December 31, 2028 and may be amended by the Director of VEM in consultation with the Governor's Office.

Dated July 14, 2025.
3APPENDIX V.S.A. § 18 — VT Code / Title 3APPENDIX / Chapter 10 / Section 18
§ 10-18. Exec. Order No. 10-18 (No. 06-94) [Vermont Clean State Program]
Status: in_force

Superseded and replaced by Executive Order No. 10-31 (codified as Executive Order No. 02-04), dated April 8, 2004.
3 V.S.A. § 483 — VT Code / Title 3 / Chapter 16 / Section 483
§ 483. Petition by employees; transfer of assets
Status: in_force

(a) 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 those members, the participation of those 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 then apply, except that the existing pensioners or annuitants of the local retirement fund who were being paid benefits on the date that 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. 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.

(b) 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.
3APPENDIX V.S.A. § 8 — VT Code / Title 3APPENDIX / Chapter 33 / Section 8
§ 33-8. Exec. Order No. 33-8 (No. 48-87) [Housing Roundtable]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 27 / Section 1
§ 27-1. Exec. Order No. 27-1 (No. 04-05) [Governor's Commission on Marketability of Title]
Status: in_force

Expired by its own terms, eff. Dec. 31, 2006.
3APPENDIX V.S.A. § 15 — VT Code / Title 3APPENDIX / Chapter 18 / Section 15
§ 18-15. Exec. Order No. 18-15 (No. 10-02) [Reestablishment of the Commission on Public Health Care Values and Priorities]
Status: in_force

Expired by its own terms, effective January 1, 2003.
3 V.S.A. § 840 — VT Code / Title 3 / Chapter 25 / Section 840
§ 840. Public hearing and comment
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.
3 V.S.A. § 842 — VT Code / Title 3 / Chapter 25 / Section 842
§ 842. Review by Legislative Committee
Status: in_force

(a) 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.

(b) 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.

(c) 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.
3APPENDIX V.S.A. § 29 — VT Code / Title 3APPENDIX / Chapter 20 / Section 29
§ 20-29. Exec. Order No. 20-29 (No. 01-03) [Governor's Homeland Security Advisory Council]
Status: in_force

Superseded and replaced by Executive Order No. 29-48 (codified as Executive Order No. 04-13), dated April 4, 2013.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 10 / Section 2
§ 10-2. Exec. Order No. 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]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3APPENDIX V.S.A. § 43 — VT Code / Title 3APPENDIX / Chapter 20 / Section 43
§ 20-43. Exec. Order No. 20-43 (No. 18-11) [Vermont National Guard Civilian Humanitarian Service Medal]
Status: in_force

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.
3 V.S.A. § 820 — VT Code / Title 3 / Chapter 25 / Section 820
§ 820. Interagency Committee on Administrative Rules
Status: in_force

(a) 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.

(b) 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.

(c) 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.
3APPENDIX V.S.A. § 17 — VT Code / Title 3APPENDIX / Chapter 3 / Section 17
§ 3-17. Exec. Order No. 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]
Status: in_force

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
3 V.S.A. § 2350 — VT Code / Title 3 / Chapter 46 / Section 2350
§ 2350. Agency and Secretary created
Status: in_force

(a) 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.

(b) The Secretary of Agriculture, Food and Markets shall prepare and submit to the House Committees on Agriculture, Food Resiliency and Forestry and on Government Operations and Military Affairs and to the 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.
3 V.S.A. § 468 — VT Code / Title 3 / Chapter 16 / Section 468
§ 468. Optional benefits
Status: in_force

(a) 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)(A) In the case of an open estate, to the administrator or executor.

(B) 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.

(C) 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.

(D) 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.

(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.

(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.

(b) 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 that 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.
3APPENDIX V.S.A. § 23 — VT Code / Title 3APPENDIX / Chapter 3 / Section 23
§ 3-23. Exec. Order No. 3-23 (No. 01-93) [Reversal of Reorganization of Agency of Administration]
Status: in_force

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.
3APPENDIX V.S.A. § 27 — VT Code / Title 3APPENDIX / Chapter 3 / Section 27
§ 3-27. Exec. Order No. 3-27 (No. 05-94) [Vermont Developmental Disabilities Council]
Status: in_force

Superseded and replaced by Executive Order No. 05-07 (codified as Executive Order No. 33-16), dated August 14, 2007.
3APPENDIX V.S.A. § 11 — VT Code / Title 3APPENDIX / Chapter 3 / Section 11
§ 3-11. Exec. Order No. 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]
Status: in_force

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
3APPENDIX V.S.A. § 52 — VT Code / Title 3APPENDIX / Chapter 29 / Section 52
§ 29-52. Exec. Order No. 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 Recre]
Status: in_force

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
3APPENDIX V.S.A. § 16 — VT Code / Title 3APPENDIX / Chapter 10 / Section 16
§ 10-16. Exec. Order No. 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 Ag]
Status: in_force

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 23 / Section 2
§ 23-2. Exec. Order No. 23-2 (No. 04-93) [State Vehicle Fleet Safety/Defensive Driving Program]
Status: in_force

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.
3 V.S.A. § 2291b — VT Code / Title 3 / Chapter 45 / Section 2291b
§ 2291b. Adoption of State agency energy implementation plans
Status: in_force

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.
3 V.S.A. § 3304 — VT Code / Title 3 / Chapter 56 / Section 3304
§ 3304. Information Technology Internal Service Fund
Status: in_force

(a) An Information Technology Internal Service Fund is created to support activities of the Agency of Digital Services.

(b) 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.
3 V.S.A. § 1102 — VT Code / Title 3 / Chapter 29 / Section 1102
§ 1102. Representation of employee: determination by Attorney General
Status: in_force

(a) A State employee against whom a civil action is brought for an alleged act or omission that 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.
3 V.S.A. § 2823 — VT Code / Title 3 / Chapter 51 / Section 2823
§ 2823. Executive assistants; vacancy
Status: in_force

(a) 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.

(b) 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.
3APPENDIX V.S.A. § 53 — VT Code / Title 3APPENDIX / Chapter 3 / Section 53
§ 3-53. Exec. Order No. 3-53 (No. 09-11) [Executive Code of Ethics]
Status: in_force

Superseded and replaced by Executive Order No. 3-84 (codified as Executive Order No. 19-17), dated December 4, 2017.
3 V.S.A. § 4020 — VT Code / Title 3 / Chapter 67 / Section 4020
§ 4020. State agency planning and coordination
Status: in_force

(a) 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 ensure 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.

(b) In the process of preparing plans or amendments to plans, a State agency shall hold at least two public hearings that are noticed as provided in section 839 of this title for administrative rules, but plans shall not be adopted as administrative rules under chapter 25 of this title. 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.

(c) 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.
3 V.S.A. § 2 — VT Code / Title 3 / Chapter 1 / Section 2
§ 2. Agencies and boards in Governor's office
Status: repealed

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 that involve or concern interstate relationships including:

(A) Connecticut River Flood Control Commission

(B) New England Board of Higher Education

(C) [Repealed.]

(D) [Repealed.]

(E) [Repealed.]

(F) Committee on Tri-State Institutional Matters

(G) Uniform Laws Commission

(H) New England Interstate Water Pollution Control Commission

(I) Interstate Commission on Lake Champlain Basin

(J) Northeastern Forest Fire Protection Commission

(4) All interdepartmental agencies including:

(A) Interdepartmental Mental Health Council

(B) Traffic Committee.
3APPENDIX V.S.A. § 25 — VT Code / Title 3APPENDIX / Chapter 3 / Section 25
§ 3-25. Exec. Order No. 3-25 (No. 13-93) [Governor's Council on Affirmative Action; Creation of Program]
Status: in_force

Superseded by Executive Order No. 14-98 (codified as Executive Order No. 3-37), dated November 18, 1999.
3 V.S.A. § 317 — VT Code / Title 3 / Chapter 13 / Section 317
§ 317. Oaths, testimony, and the production of records
Status: in_force

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.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 19 / Section 3
§ 19-3. Exec. Order No. 19-3 (No. 07-01) [Conservation of land in and around interstate interchanges]
Status: in_force

Expires by its own terms, effective October 1, 2010.
3APPENDIX V.S.A. § 54 — VT Code / Title 3APPENDIX / Chapter 3 / Section 54
§ 3-54. Exec. Order No. 3-54 (No. 01-12) Addendum to Executive Order No. 02-09 [Renaming Vermont Commission on National and Community Service]
Status: in_force

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.
3APPENDIX V.S.A. § 11 — VT Code / Title 3APPENDIX / Chapter 10 / Section 11
§ 10-11. Exec. Order No. 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]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 2005 — VT Code / Title 3 / Chapter 41 / Section 2005
§ 2005. Continuing functions
Status: in_force

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.)
3APPENDIX V.S.A. § 49 — VT Code / Title 3APPENDIX / Chapter 3 / Section 49
§ 3-49. Exec. Order No. 3-49 (No. 09-09) [Vermont State Craft Center Overview Commission]
Status: in_force

Superseded and replaced by Executive Order No. 12-12 (codified as Executive Order No. 9-2), dated October 31, 2012.
3APPENDIX V.S.A. § 18 — VT Code / Title 3APPENDIX / Chapter 3 / Section 18
§ 3-18. Exec. Order No. 3-18 (No. 3-91) [Executive Code of Ethics]
Status: in_force

Superseded by Executive Order No. 8-91 (codified as Executive Order No. 3-19), dated October 3, 1991.
3 V.S.A. § 2310 — VT Code / Title 3 / Chapter 45 / Section 2310
§ 2310. Chief Performance Officer
Status: in_force

(a) There is created the permanent, exempt position of Chief Performance Officer within the Agency of Administration for the purpose of better developing a culture of performance accountability and continuous improvement across State government. The Chief Performance Officer shall:

(1) provide advice, recommendations, and consultation to the Executive and Legislative branches of State government about performance improvement and management;

(2) lead the creation and implementation of a performance improvement and management strategy for State government to ensure effective and efficient government operations;

(3) assist agencies and departments as necessary in developing, monitoring, managing, and improving performance measures as well as developing strategies that maximize results and return on investment;

(4) develop and offer trainings, professional development opportunities, and resources for agencies and departments regarding performance improvement and management; and

(5) provide consultation on the design and implementation of systems that use data and metrics to measure and report performance.
3 V.S.A. § 157 — VT Code / Title 3 / Chapter 7 / Section 157
§ 157. Appearance for State
Status: in_force

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.
3APPENDIX V.S.A. § 44 — VT Code / Title 3APPENDIX / Chapter 20 / Section 44
§ 20-44. Exec. Order No. 20-44 (No. 02-12) [Vermont Communications Board]
Status: in_force

Superseded and replaced by Executive Order No. 20-57 (codified as Executive Order No. 05-19), dated July 9, 2019.
3APPENDIX V.S.A. § 31 — VT Code / Title 3APPENDIX / Chapter 10 / Section 31
§ 10-31. Exec. Order No. 10-31 (No. 02-04) [Vermont Clean State Program]
Status: in_force

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 20 / Section 4
§ 20-4. Exec. Order No. 20-4 (No. 58-88) [Veterans' Advisory Council]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 1007 — VT Code / Title 3 / Chapter 27 / Section 1007
§ 1007. Separability
Status: in_force

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.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 10 / Section 6
§ 10-6. Exec. Order No. 10-6 (No. 10a-77) [Transfer of Duties and Functions of Division of Outdoor Advertising]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 3026 — VT Code / Title 3 / Chapter 53 / Section 3026
§ 3026. Partnerships for children, families, and individuals
Status: repealed

(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.

(b) 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.

(c) 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 that 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.

(d) [Repealed.]
3 V.S.A. § 976 — VT Code / Title 3 / Chapter 27 / Section 976
§ 976. Remedies
Status: in_force

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.
3APPENDIX V.S.A. § 37 — VT Code / Title 3APPENDIX / Chapter 3 / Section 37
§ 3-37. Exec. Order No. 3-37 (No. 14-98) [Affirmative Action]
Status: in_force

Superseded by Executive Order No. 09-02 (codified as Executive Order No. 3-43), dated August 20, 2002.
3APPENDIX V.S.A. § 51 — VT Code / Title 3APPENDIX / Chapter 29 / Section 51
§ 29-51. Exec. Order No. 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]
Status: in_force

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.
3 V.S.A. § 129b — VT Code / Title 3 / Chapter 5 / Section 129b
§ 129b. Board member and advisor appointments
Status: in_force

(a) 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.

(b) 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.

(c) Boards shall meet annually, in September or the first meeting scheduled thereafter, to elect a chair, vice chair, and secretary.

(d) Meetings may be called by the chair or shall be called upon the request of any other two board members.

(e) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5, the Open Meeting Law.

(f) 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.

(g) 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:

(A) at least once per year for each profession with 500 or fewer active licensees; and

(B) at least twice per year for each profession with more than 500 active licensees.
3 V.S.A. § 138 — VT Code / Title 3 / Chapter 5 / Section 138
§ 138. Required education for specified licensees; State energy goals
Status: in_force

(a) 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.

(b) 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.

(A) The education module for initial licensure shall provide general information regarding the State's energy goals.

(B) 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.
3 V.S.A. § 572 — VT Code / Title 3 / Chapter 19 / Section 572
§ 572. Definitions
Status: in_force

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 that in the absence of an agreement entered into under this chapter would constitute “employment” as defined in the Social Security Act; or (2) service that 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 that 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 that 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 in subdivision (2) of this section, including the cash value of all remuneration paid in any medium other than cash, except that wages shall not include that part of such remuneration that, 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.
3APPENDIX V.S.A. § 33 — VT Code / Title 3APPENDIX / Chapter 3 / Section 33
§ 3-33. Exec. Order No. 3-33 (No. 13-96) [Transfer of Functions and Responsibilities from Agency of Administration, Division of State Buildings to Various Agencies]
Status: in_force

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.