3 V.S.A. § 833 — VT Code / Title 3 / Chapter 25 / Section 833
§ 833. Style of rules
Status: in_force

(a) Rules and procedures shall be written in a clear and coherent manner using words with common and everyday meanings, consistent with the text of the rule or procedure.

(b)(1) When an agency proposes to amend an existing rule, it shall replace terms identified as potentially disrespectful by the study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1 with respectful language recommended therein or used in the Vermont Statutes Annotated, where appropriate.

(2) All new rules adopted by agencies shall use, to the fullest extent possible, respectful language consistent with the Vermont Statutes Annotated and the respectful language study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1, where appropriate.

(c) The Secretary of State may issue a guidance document suggesting how agencies may draft rules and procedures in accordance with this section. The guidance document may include suggestions on style, numbering, and drafting the content of the filings required under this subchapter.
3APPENDIX V.S.A. § 86 — VT Code / Title 3APPENDIX / Chapter 3 / Section 86
§ 3-86. Exec. Order No. 3-86 (No. 02-18) [Internet Neutrality in State Procurement]
Status: in_force

WHEREAS, Vermonters rely on open and unrestricted access to the value and economic opportunity the Internet offers; and

WHEREAS, Vermont's educational institutions require a free and open Internet to educate students, promote social and intellectual growth, and to prepare them to succeed in the global economy; and

WHEREAS, Vermont's school students rely on a free and open Internet to take full advantage of the vast amount of information, services, and communications opportunities available through online sources, and to develop into well-rounded citizens engaged in the world beyond their geographic limits; and

WHEREAS, Vermont State employees use the Internet every day to serve citizens and conduct the business of the State; and

WHEREAS, throttling or paid prioritization of Internet services could adversely impact these institutions and the economic and social advancement of, and work for Vermonters; and

WHEREAS, many important and often critical government services are offered online to facilitate easy and efficient access by Vermonters, and throttling or paid prioritization of Internet services could limit Vermonters' ready access to these services and inhibit citizens, particularly those in need, from accessing important government services; and

WHEREAS, the Federal Communications Commission (FCC) recently issued its order, “Restoring Internet Freedom” which eliminated net neutrality principles; and

WHEREAS, this Administration bears the ongoing responsibility of ensuring the efficient procurement of goods and services for State entities, and the principles of net neutrality are inherently tied to the provision of reliable, high-quality broadband Internet service for the State.

NOW, THEREFORE, BE IT RESOLVED THAT I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby issue the following directive to all State Agencies, as follows:

I. All State Agency contracts with Internet service providers shall include net neutrality protections, and specifically state that Internet service providers shall not:

A. Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management that is disclosed to its customers;

B. Throttle, impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management that is disclosed to its customers;

C. Engage in paid prioritization or providing preferential treatment of some Internet traffic to any Internet customer;

D. Unreasonably interfere with or unreasonably disadvantage either:

i. A customer's ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of their choice; or

ii. An edge providers' ability to make lawful content, applications, services, or devices available to a customer;

“State Agency” as used in this Executive Order shall include all State agencies, departments, commissions, committees, authorities, divisions, boards or other administrative units of the Executive Branch, including elected offices as well as those having express statutory authority to enter into contracts (Agencies).

II. As soon as practicable, but in no event later than April 1, 2018, the Agency of Administration shall amend the State's Procurement and Contracting Procedures as necessary and appropriate to comply with this directive.

III. Waivers to these Procedures may be granted by the Secretary only upon receipt of a written justification from a State Agency and a finding by the Secretary a waiver would serve a legitimate and significant interest of the State. The Department of Public Service shall resolve any dispute over the definition of terminology used in this Executive Order.

IV. Each State Agency that procures telecommunications services shall cooperate with the Agency of Administration and the Department of Buildings and General Services in implementing this Executive Order. State Agencies must receive approval from the Agency of Digital Services and the Secretary of Administration before procuring Internet services, including cellular data and/or wireless broadband Internet services.

V. The Department of Public Service, in consultation with the Secretary of ADS, shall evaluate and advise the Governor on potential actions to promote net neutrality in order to protect Vermonters' access to a free and open internet. This may include requiring Internet service providers to provide notice to their customers regarding network and transport management practices and performance and commercial terms of their broadband Internet access services sufficient for (A) consumers to make informed choices regarding use of such services and for content, application, service, and (B) device providers to develop, market, and maintain Internet offerings.

VI. Nothing in this Order shall be construed to supersede any federal law.

VII. This Executive Order shall take effect upon signing.

Dated February 15 2018.
3 V.S.A. § 2876 — VT Code / Title 3 / Chapter 51 / Section 2876
§ 2876. 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) coordination of financing and accounting activities;

(3) coordination of filing and records maintenance activities;

(4) provision of facilities, office space, and equipment and the care thereof;

(5) requisitioning from the Department of Buildings and General Services of the Agency of Administration of supplies, equipment, and other requirements;

(6) management improvement services; and

(7) other administrative functions assigned to it by the Secretary.

(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.
3 V.S.A. § 155 — VT Code / Title 3 / Chapter 7 / Section 155
§ 155. Legal assistant
Status: in_force

(a) The Attorney General may appoint a legal assistant, such appointment to be made pursuant to the laws regarding personnel classification, selection and compensation.

(b) The appointment of a legal assistant shall be in addition to other appointments which the Attorney General is authorized to make.
3 V.S.A. § 601 — VT Code / Title 3 / Chapter 20 / Section 601
§ 601. Definitions
Status: in_force

As used in this chapter:

(1) “Designated beneficiary” means an individual born on or after July 1, 2024 who was eligible at birth for coverage in the Dr. Dynasaur program established in accordance with Title XIX (Medicaid) and Title XXI (SCHIP) of the Social Security Act or for coverage available pursuant to 33 V.S.A. chapter 19, subchapter 9.

(2) “Eligible expenditure” means an expenditure associated with any of the following, each as prescribed by the Treasurer:

(A) education of a designated beneficiary;

(B) purchase of a dwelling unit or real property in Vermont by a designated beneficiary;

(C) investment in a business in Vermont by a designated beneficiary; or

(D) investment or rollover in a qualified retirement account, Section 529 account, or Section 529A account established for the benefit of a designated beneficiary.

(3) “Trust” means the Vermont Baby Bond Trust established by this chapter.
3 V.S.A. § 575 — VT Code / Title 3 / Chapter 19 / Section 575
§ 575. Plans for coverage of employees of political subdivisions
Status: in_force

(a) Each political subdivision of the State, acting through its legislative branch in the case of a municipality, or through its governing body in the case of an instrumentality, is authorized, and in the case of any political subdivision employing teachers is required, to submit for approval by the State agency a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of the Social Security Act, to employees of such political subdivision. Each plan and any amendment to that plan shall be approved by the State agency if it finds that the plan, or the plan as amended, is in conformity with the requirements as are provided in rules of the State agency, except that no such plan shall be approved unless:

(1) it is in conformity with the requirements of the Social Security Act and with the agreement entered into under section 573 of this title;

(2) it provides that all services that constitute employment as defined in section 572 of this title and are performed in the employ of the political subdivision by employees thereof, shall be covered by the plan, except that it may exclude services performed by individuals to whom Section 218(c)(3)(B) of the Social Security Act is applicable;

(3) it specifies the source or sources from which the funds necessary to make the payments required by subdivision (c)(1) of this section and by subsection (d) of this section are expected to be derived and contains reasonable assurance that such sources will be adequate for such purposes;

(4) it provides for such methods of administration of the plan by the political subdivision as are found by the State agency to be necessary for the proper and efficient administration of the plan;

(5) it provides that the political subdivision will make such reports, in such form and containing such information, as the State agency may from time to time require, and comply with such provisions as the State Agency or the Secretary of Health and Human Services may from time to time find necessary to ensure the correctness and verification of such reports; and

(6) it authorizes the State agency to terminate the plan in its entirety, in the discretion of the State agency, if it finds that there has been a failure to comply substantially with any provisions contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by rules of the State agency and may be consistent with the provisions of the Social Security Act.

(b) The State agency shall not finally refuse to approve a plan submitted by a political subdivision under subsection (a) of this section, and shall not terminate an approval plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby.

(c)(1) Each political subdivision as to which a plan has been approved under this section is authorized to and shall pay into the Contribution Fund, with respect to wages, at such time or times as the State agency may by rule prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the State agency under section 573 of this title.

(2) Each political subdivision required to make payments under subdivision (1) of this subsection is authorized, in consideration of the employee's retention in, or entry upon, employment after April 26, 1951, to impose upon each of its employees, as to services that are covered by an approved plan, a contribution with respect to his or her wages as defined in section 572 of this title, not exceeding the amount of the employee tax that would be imposed by the federal Insurance Contributions Act if such services constituted employment within the meaning of that Act, and to deduct the amount of such contribution from his or her wages as and when paid. Contributions so collected shall be paid into the Contribution Fund in partial discharge of the liability of such political subdivision or instrumentality under subdivision (1) of this subsection. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.

(d) Delinquent payments due under subdivision (c)(1) of this section may, with interest at the rate of six percent per annum, be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may be deducted, with interest, by, or at the request of, the State Treasurer from any other monies payable to such subdivision by any department or agency of the State.
3APPENDIX V.S.A. § 48 — VT Code / Title 3APPENDIX / Chapter 29 / Section 48
§ 29-48. Exec. Order No. 29-48 (No. 13-10) [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 was purchased with funds from the Vermont Housing and Conservation Board, for the purposes of conservation and sustainable management of forests resources, management of wildlife habitat and dispersed, pedestrian public access; and

WHEREAS, the Property is subject to a Grant of Development Rights and Conservation Restrictions held by the Vermont Housing and Conservation Board that authorized the purchase of the Property by the Department of Forests, Parks and Recreation consistent with the goals set forth in 10 V.S.A. § 6301 to encourage and assist the maintenance of the present uses of Vermont's agricultural, forest and other undeveloped land and to preserve and to enhance Vermont's scenic natural resources; and

WHEREAS, the Property is completely surrounded by Victory Basin Wildlife Management Area; and

WHEREAS, the Department of Forests, Parks and Recreation has determined that the Property would be more efficiently managed as part of Victory Basin Wildlife Management Area by the Department of Fish and Wildlife; and

WHEREAS, the Department of Fish and Wildlife desires to incorporate the Property into Victory Basin Wildlife Management Area and to own, control and manage the Property for wildlife habitat consistent with 10 V.S.A. ch. 103; and

WHEREAS, the Department of Fish and Wildlife is committed to managing the property consistent with the purposes for which the property was acquired and managed as a Wildlife Management Area.

NOW THEREFORE, I, James H. Douglas, by the power vested in me as Governor of Vermont, do hereby transfer and set over from the State of Vermont, Department of Forests, Parks and Recreation to the State of Vermont, Department of Fish and Wildlife, for the above purposes, ownership and control of the following state-owned land:

A portion of the same land and premises conveyed to the State of Vermont by THE NATURE CONSERVANCY, by their Warranty Deed dated September 19, 1995, which is recorded in the land records of the Town of Victory at Book 19, Page 355-359. The portion to be transferred is more particularly described in the above referenced Warranty Deed as:

“Parcel Two - Victory, Essex County Vermont”

“Lot No. 6 in the 15th Range”

The parcel of land conveyed hereby is approximately 105 +/- acres.

Excluded from this executive order are the following parcels contained in the conveyance from The Nature Conservancy to the State of Vermont.

Lots Nos. 11, 12, and 13 in the 13th Range

Lot No. 11 in the 15th Range

Lot Nos. 5, 10, 11, and 12 in the 14th Range

Lot No. 5 in the 16th Range

Lot Nos. 5 and 6 in the 17th Range

These lots will remain under management of the Department of Forests, Parks and Recreation as part of Victory State Forest.

This executive order shall take effect upon execution.

Dated November 29, 2010.
3APPENDIX V.S.A. § 33 — VT Code / Title 3APPENDIX / Chapter 29 / Section 33
§ 29-33. Exec. Order No. 29-33 (No. 06-03) [Transfer of Land from Agency of Administration, Department of Buildings and General Services to Agency of Transportation in Brandon]
Status: in_force

WHEREAS, it appears that certain land and premises located in the Town of Brandon, County of Rutland and State of Vermont, hereinafter described and presently under the jurisdiction and control of the State of Vermont, Agency of Administration, Department of Buildings and General Services, has become and is no longer necessary for purposes of the Department of State Buildings and General Services; and

WHEREAS, the Agency of Transportation, desires the use of said land and premises for its purposes;

NOW THEREFORE, I, James H. Douglas, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Administration, Department of Buildings and General Services to the jurisdiction and control of the Agency of Transportation for its purposes the following described land and premises, to wit:

Being all the same land and premises conveyed by the Brandon Industrial Corporation to the State of Vermont by Limited Warranty Deed dated May 9, 1997 and recorded in the Land Records of the Town of Brandon at Book 128, Pages 210-212.

Also being a portion of the lands and premises conveyed by the State of Vermont to Brandon Industrial Corporation by Warranty Deed dated June 30, 1993 and recorded in the Land Records of the Town of Brandon at Book 114, Pages 350-352 and being more particularly described as follows:

Beginning at a point marked (or to be marked) by a capped rebar, which said point marks the northeasterly corner of said lands and premises conveyed by said State of Vermont to said Brandon Industrial Corporation and the northeasterly corner of the lands and premises hereby conveyed, which said point is located in the supposed westerly line of the right of way of State Aid Highway No. 7 (the Arnold District Road, so-called);

thence proceeding in and along the supposed westerly line of the right of way of said State Aid Highway No. 7 S 10° 22″ 08′ E a distance of 360 feet to a point marked (or to be marked) by a capped rebar, which said point marks the southeast corner of the lands and premises hereby conveyed, which said point is located in the northerly line of a road or roadway (the “Park Drive”) constructed or to be constructed in the Edward K. Denecke Industrial Park, Brandon, Vermont;

thence, proceeding in and along the northerly line of said Park Drive the following four courses and distances: S 79° 37″ 52′ W a distance of 198.03 feet to a point; S 83° 43″ 14′ W a distance of 91.41 feet; thence turning to the right in an arc with a radius of 318.19 feet a distance of 58.19 feet; thence N 68° 41″ 52′ W a distance of 85.19 feet to a point marked (or to be marked) by a capped rebar, which said point marks the southwest corner of the lands and premises hereby conveyed;

thence, proceeding N 18° 00″ 27′ E a distance of 444.86 feet to a point marked (or to be marked) by a capped rebar, which said point is located in the line of lands now or formerly of Barbarise;

thence, S 72° 09″ 37′ E a distance of 229.59 feet to the point and place of beginning.

The parcel of land described above is said to contain 3.13 ± acres and is denominated Lot B on a plan by Bruno Associates, Inc., P.C. entitled “Lot Layout Plan for Brandon Industrial Corp. in Brandon, Vermont, scale 1 inch equals 150 feet, dated September 11, 1996”.

The within conveyance is made subject to the sewer and water easements, the pump station and easements, and all other common elements, and the rights of others therein, shown on said Lot Layout Plan. The within conveyance also is made subject to the following:

1. The Declaration of Protective Covenants for the Edward K. Denecke Industrial Park, Brandon, Vermont recorded in the Land Records of the Town of Brandon at Book 125, Page 610, as modified by the Modification to Declaration of Protective Covenants for Vermont Tubbs, Inc., dated May 21, 1996 and recorded in the Land Records of the Town of Brandon at Book 126, Page 30;

2. State of Vermont, Subdivision Permit No. EC-1-1329-1, dated June 28, 1996;

3. State of Vermont, Subdivision Permit No. EC-1-1329-2, dated June 28, 1996; which, by its terms, supersedes Subdivision Permit No. EC-1-1329 dated March 4, 1992;

4. State of Vermont Subdivision Permit No. E.C.-1-1329-3, dated September 11, 1996;

5. Land Use (Act 250) Permit No. 1R0712, as amended.

Together with the right, in common with others, to use said Park Drive, the sewer and water lines and easements, the pump station and easements, and all other common elements, now existing or to be constructed, of, in and a part of said Edward K. Denecke Industrial Park and subject also to the rights of others to use all of same in common with the Brandon Industrial Corporation.

This Executive Order shall take effect upon execution.

Dated June 16, 2003.
3 V.S.A. § 1203f — VT Code / Title 3 / Chapter 31 / Section 1203f
§ 1203f. Misuse of government resources
Status: in_force

A public servant shall not make use of State materials, funds, property, personnel, facilities, or equipment, or permit another person to do so, for any purpose other than for official State business unless the use is expressly permitted or required by law or by a written agency, departmental, or institutional policy or rule. A public servant shall not engage in or direct another person to engage in work other than the performance of official duties during working hours, except as permitted or required by law or by written agency, departmental, or institutional policy or rule.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 3 / Section 3
§ 3-3. Exec. Order No. 3-3 (No. 14-78) [Interagency Committee on Rules and Administrative Procedures]
Status: in_force

Superseded and replaced by Executive Order No. 3-52 (codified as Executive Order No. 04-10), dated July 2, 2010.
3APPENDIX V.S.A. § 25 — VT Code / Title 3APPENDIX / Chapter 20 / Section 25
§ 20-25. Exec. Order No. 20-25 (No. 05-00) [Declaration of State of Emergency and Activation of Emergency-Disaster Preparedness Plan for Addison, Bennington, 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. § 909 — VT Code / Title 3 / Chapter 27 / Section 909
§ 909. Access to new employees in bargaining unit
Status: in_force

(a) An employer shall provide the employee organization that is the exclusive representative of the employees in a bargaining unit with an opportunity to meet with each newly hired employee in the bargaining unit to present information about the employee organization.

(b)(1) The meeting shall occur during the new employee's orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired.

(2) If the meeting is not held during the new employee's orientation, it shall be held during the new employee's regular work hours and at his or her regular worksite or a location mutually agreed to by the employer and the employee organization.

(3) The employee organization shall be permitted to meet with the employee for not less than 60 minutes.

(4) The employee shall be paid for attending the meeting at his or her regular rate of pay.

(c)(1) Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and email address, home address, personal email address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information.

(2) The employee's home address, personal email address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.

(d) The employer shall provide the employee organization with not less than 10 calendar days' notice of an orientation for newly hired employees in a bargaining unit.