3 V.S.A. § 311 — VT Code / Title 3 / Chapter 13 / Section 311
§ 311. Classified service defined; exceptions
Status: repealed

(a) The classified service to which this chapter shall apply shall include all positions and categories of employment by the State, except as otherwise provided by law, and except the following:

(1) The General Assembly and its employees and other officers elected by popular vote or by vote of the General Assembly and persons appointed to fill vacancies in elective offices.

(2) Members of boards and commissions and heads of departments or agencies appointed by the Governor, or with his or her approval.

(3) One principal or executive assistant, one deputy to the head of a department or agency, one private secretary, and one executive director for each board or commission or head of a department or agency elected or appointed by the Governor or General Assembly. However, nothing in this subdivision shall be construed to prevent a board, commission, or director or head of a department or agency from designating a classified employee to perform the duties of a principal assistant, deputy, executive director, or private secretary.

(4) Employees in the office of the Governor.

(5) Judges, referees, receivers, jurors, and notaries public, and all other officers and employees of a court.

(6) Presidents and heads of all State teachers colleges and employees of such colleges.

(7) Patients or inmates employed in State institutions.

(8) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the General Assembly or a committee of the General Assembly, or by authority of the Governor.

(9) Positions for which the salary or compensation is fixed by statute.

(10) A person or persons engaged under retainer, contract for services as defined in section 341 of this title, or special agreement.

(11) Persons employed in a temporary capacity, in accordance with the provisions of section 331 of this title.

(12) Assistant Attorneys General and Special Assistant Attorneys General.

(13) [Repealed.]

(14) Attorneys employed as legal advisors or special counsel outside the Office of the Attorney General, including special counsel for the Public Utility Commission.

(15) The clerk and reporter employed by the Occupational Safety and Health Review Board.

(16) Employees of firms engaged by the Department of Buildings and General Services to perform custodial and maintenance services.

(b) Positions in the uniformed State Police within the Department of Public Safety shall be deemed to be within the classified service for purposes of job evaluation and assignment of position classes to salary ranges only, and not otherwise.
3 V.S.A. § 3028 — VT Code / Title 3 / Chapter 53 / Section 3028
§ 3028. Wholesale prescription drug importation program
Status: in_force

(a) The Agency of Human Services shall be responsible for the development and, upon approval from the Secretary of the U.S. Department of Health and Human Services, the implementation and administration of a wholesale prescription drug importation program that complies with the applicable requirements of 21 U.S.C. § 384, including the requirements regarding safety and cost savings.

(b) The Secretary of Human Services may adopt rules pursuant to chapter 25 of this title as needed to develop, implement, and administer the program.
3 V.S.A. § 2422 — VT Code / Title 3 / Chapter 47 / Section 2422
§ 2422. Budget and report
Status: in_force

The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency.
3APPENDIX V.S.A. § 31 — VT Code / Title 3APPENDIX / Chapter 29 / Section 31
§ 29-31. Exec. Order No. 29-31 (No. 04-03) [Transfer of Land from Agency of Transportation to Agency of Natural Resources in Clarendon]
Status: in_force

WHEREAS, certain land hereinafter described and located in the Town of Clarendon, County of Rutland, and State of Vermont, is presently under the jurisdiction and control of the State of Vermont Agency of Transportation; and

WHEREAS, the Agency of Transportation desires to transfer to the Agency of Natural Resources certain land no longer needed for transportation purposes; and

WHEREAS, the Agency of Natural Resources has requested this land be transferred to it in order to provide a parking area and pedestrian path to access the swimming area in the “Lower Clarendon Gorge.”

NOW THEREFORE, I, James H. Douglas, by the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Natural Resources, Department of Forests, Parks and Recreation, land of the Agency of Transportation, located in the Town of Clarendon and being more particularly described as follows:

Being part of the same land and premises acquired by the State of Vermont as part of the original US Route 7 which came into the State Highway System on April 1, 1931 and part of the segment of State Highway discontinued in accordance with 19 V.S.A. Sections 10 (14) and 771; such discontinuance is dated August 19, 2002 and is recorded in Book 108, Pages 119-126 of the Land Records of the Town of Clarendon, being further described as follows, viz:

Beginning at a point in the centerline of the former U.S. Route 7 located on the east side of the present U.S. Route 7 constructed as Highway Project Wallingford-Clarendon AP 019-2 (2), said point being located in the westerly property line of land now or formerly owned by James H. Byrne;

thence continuing in the above referenced centerline and property line the following courses and distances:

S 05° 45″ W 113.3 feet;

S 11° 18″ 45′ W 393.6 feet;

S 13° 10″ 50′ W 264.3 feet;

S 26° 17″ 20′ W 182.2 feet;

S 28° 06″ 20′ W 218.2 feet;

The above centerline is as shown on a survey plat dated September 2001 prepared by Tinker Surveys entitled, “Survey of Lands of James H. Byrne, Mill River Lower Gorge Area,” filed on January 15, 2002 in the office of the Town Clerk of the Town of Clarendon.

The land being conveyed is located between the above centerline and a line located 24.75 feet westerly from and parallel to the centerline.

This transfer is subject to conditions stated in the Memorandum of Agreement between the Agency of Transportation and the Agency of Natural Resources, dated March 19, 2003.

Dated May 6, 2003
3 V.S.A. § 810 — VT Code / Title 3 / Chapter 25 / Section 810
§ 810. Rules of Evidence; official notice
Status: in_force

In contested cases:

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The Rules of Evidence as applied in civil cases in the Superior Courts of this State shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

(2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

(3) A party may conduct cross-examinations required for a full and true disclosure of the facts.

(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
3 V.S.A. § 808 — VT Code / Title 3 / Chapter 25 / Section 808
§ 808. Procedure to request declaratory rulings by agencies
Status: in_force

Each agency shall provide for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency, and may so provide by procedure or rule. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases. (1967, No. 360 (Adj. Sess.), § 8, eff. July 1, 1969; amended 1981, No. 82, § 3.)
3 V.S.A. § 309 — VT Code / Title 3 / Chapter 13 / Section 309
§ 309. Duties of Commissioner of Human Resources
Status: repealed

(a) The Commissioner, as administrative head of the Department, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed elsewhere in this chapter, it shall be the Commissioner's duty:

(1) To apply and carry out this chapter and the rules adopted in accordance with this chapter.

(2) To establish and maintain a roster of all classified employees in the State civil service, in which there shall be set forth, as to each employee, the class title, pay or status and other pertinent data.

(3) To foster and develop, in cooperation with the appointing authorities, programs for the improvement of employee effectiveness, including orientation, training, safety, health, counseling, and welfare.

(4) To encourage and aid in the development of effective personnel administration within the several departments in the State service, and to make available the facilities of the Department of Human Resources to this end.

(5) To investigate from time to time the operation and effect of this chapter and of the rules adopted in accordance with this chapter and to report the Commissioner's findings to the Secretary of Administration and to the Governor.

(6) To make such reports regarding the work of the Department of Human Resources as the Commissioner may consider desirable and as may be required of the Commissioner to the Secretary of Administration and to the Governor.

(7) To maintain a continuous study of the status and availability of temporary employees, to receive and maintain adequate records and reports as to those employees, and cooperate with the State employment service in establishing lists of persons available for temporary employment.

(8) To establish a standard reporting form on contractual employees and to receive and maintain records indicating their status.

(9) To establish an employee census report providing for the systematic and regular accounting of all persons employed by the State in all categories of employment.

(10) To maintain registers of persons eligible for employment and to verify the availability of those persons certified to an appointing authority.

(11) To cooperate with all State agencies in initiating and maintaining a trainee-internship program, a recruitment program for clerical, administrative, and professional positions, which shall include visits to Vermont high schools, colleges, and universities.

(12) To design and make available to all State agencies service rating forms.

(13) To compile and publish a manual, which shall be kept current, containing the pertinent statutes and rules of the Department of Human Resources and its rules of procedure and forms prescribed for use by rule.

(14) To perform any other lawful act that may be necessary and proper to carry out the purposes and provisions of this chapter.

(15) With the approval of the Governor, the Commissioner may appoint and employ a general legal counsel, to be exempt from the classified service, and who shall report directly to the Commissioner of Human Resources.

(16)-(18) [Repealed.]

(19) Annually on or before January 15, the Commissioner of Human Resources shall submit to the General Assembly a report on the status of the State employee workforce. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. All reporting on numbers of State employees shall include numbers stated in “full-time equivalent” positions. The report shall consolidate reports mandated by the General Assembly, as well as other information regarding developments in State employment, including:

(A) use of temporary employees;

(B) use of limited service positions;

(C) vacancies of more than six months' duration;

(D) use of emergency volunteer leave under section 265 of this title;

(E) development of compensation plans;

(F) developments in equal employment opportunity;

(G) use of the position management system;

(H) abolished or transferred classified and exempt State positions.

(20) To maintain a central payroll office, personnel earnings records, and records on authorized deductions.

(21) To certify, by voucher, to the Commissioner of Finance and Management all necessary and appropriate disbursements associated with the payroll function.

(b) The Commissioner, with the approval of the Secretary of Administration, may from time to time designate in writing an employee of the Department of Human Resources to act for him or her in case of his or her absence or temporary inability from any cause to discharge the powers and duties of the Commissioner's office. In that case, the powers and duties of the Commissioner shall devolve upon his or her representative.

(c) The Commissioner may designate appropriate persons, including officers and employees in State service, to assist in the preparation and rating of tests. An appointing authority may excuse any employee in the division or department from regular duties for the time required for work as an examiner. Such officers and employees shall not be entitled to extra pay for their services as examiners but shall be entitled to reimbursement for necessary travel and other expenses.
3 V.S.A. § 3053 — VT Code / Title 3 / Chapter 53 / Section 3053
§ 3053. 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, consistent with the purposes for which the appropriation was made.

(2) Transfer classified positions within or between divisions subject only to State personnel laws and regulations.

(3) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.

(4) Submit plans and reports, and in other respects comply with federal law and regulations that pertain to programs administered by the department.

(5) Make regulations consistent with law for the internal administration of the department and its programs.

(6) Appoint a deputy commissioner.

(7) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding that of the commissioner.

(8) Provide training and instructions for any employees of the department, at the expense of the department, in educational institutions or other places.

(9) Organize, reorganize, transfer, or abolish divisions, staff functions, or sections within the department. This authority shall not extend to divisions or other bodies created by law.
3APPENDIX V.S.A. § 26 — VT Code / Title 3APPENDIX / Chapter 3 / Section 26
§ 3-26. Exec. Order No. 3-26 (No. 01-94) [Abolition of Department of Taxes and Creation of Department of Revenue]
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. § 30 — VT Code / Title 3APPENDIX / Chapter 10 / Section 30
§ 10-30. Exec. Order No. 10-30 (No. 14-03) [Climate Change Action Plan for State Government Buildings and Operations]
Status: in_force

Superseded and replaced by Executive Order No. 10-40 (codified as Executive Order No. 15-12), dated December 28, 2012.
3 V.S.A. § 3025 — VT Code / Title 3 / Chapter 53 / Section 3025
§ 3025. Transfer of personnel and appropriations
Status: in_force

(a) The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules.

(b) The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriation was made.
3 V.S.A. § 809a — VT Code / Title 3 / Chapter 25 / Section 809a
§ 809a. Enforcement of subpoenas; compulsion of testimony
Status: in_force

(a) This section applies when an agency has issued a subpoena to compel a person to appear and testify or to produce documents or things, if the person:

(1) has failed to appear or has failed to produce the subpoenaed materials, in which case any party or the agency may bring a proceeding to enforce the subpoena; or

(2) has appeared but has refused to take an oath or affirmation authorized by law, or has refused to testify or to answer a question, in which case any party or the agency may bring a proceeding to compel testimony by the person.

(b) A proceeding under this section shall be brought in Superior Court for the county in which the administrative proceeding is or will be held. The court shall consist of the presiding judge, sitting alone, and no jury shall be used. The proceeding shall be commenced by motion, and the motion shall be served in the manner provided for motions in civil actions. No filing fee shall be required. No answer or responsive motion is required, but such papers may be filed. The court shall schedule a hearing on the motion as soon as is reasonably practicable.

(c) In a proceeding to compel testimony, the court may order the respondent to testify and answer questions, and may impose limits on those questions or answers.

(d) In a proceeding to enforce a subpoena, if the petitioner establishes that the subpoena was properly issued, and that the person subpoenaed has failed to appear or to produce documents or things required, the court shall issue an order compelling compliance with the agency subpoena. Otherwise, the court shall vacate or modify the subpoena.

(e) In a proceeding to enforce a subpoena, after giving the respondent an opportunity to present evidence, if the court determines that the subpoena was properly issued, and that failure to comply with the agency's subpoena was without reasonable excuse, it shall assess a penalty against the respondent, to be paid to the petitioner, in an amount not to exceed $100.00 and shall also award all costs of litigation that the petitioner incurred as a result of the respondent's noncompliance, including costs of issuing new subpoenas and incurring additional expenses for expert witnesses.

(f) A person who, without reasonable excuse, fails to comply with an order of the court issued under this section may be held to be in contempt of the court.
3 V.S.A. § 164 — VT Code / Title 3 / Chapter 7 / Section 164
§ 164. Adult court diversion program
Status: in_force

(a) Purpose.

(1) The Attorney General shall develop and administer an adult court diversion program, for both pre-charge and post-charge referrals, available in all counties.

(2) The program shall be designed to provide a restorative option for persons alleged to have caused harm in violation of a criminal statute or who have been charged with violating a criminal statute as well as for victims or those acting on a victim's behalf who have been allegedly harmed by the person referred to the program. The diversion program can accept referrals to the program as follows:

(A) Pre-charge by law enforcement or prosecutors pursuant to a policy adopted in accordance with subdivisions (c)(1)-(2) of this section.

(B) Post-charge by prosecutors for persons charged with a first or a second misdemeanor or a first nonviolent felony, or other offenses as the prosecutor deems appropriate, pursuant to subdivision (c)(3) of this section.

(C) Post-charge by prosecutors of persons who have been charged with an offense and who have substance abuse or mental health treatment needs regardless of the person's prior criminal history record, except a person charged with a felony offense that is a crime listed in 13 V.S.A. § 5301(7) shall not be eligible under this section. Persons who have attained 18 years of age who are subject to a petition in the Family Division pursuant to 33 V.S.A. chapter 52 or 52A shall also be eligible under this section. Programming for these persons is intended to support access to appropriate treatment or other resources with the aim of improving the person's health and reducing future adverse involvement in the justice system.

(b) Administration; report.

(1) Beginning on July 1, 2025, the Attorney General shall support the operation of diversion programs in each of the State's counties through grants of financial assistance to, or contracts for services with, a single municipality or organization to provide community-based restorative justice programs and services in each county. Upon approval of the Attorney General, the single municipality or organization receiving a grant pursuant to this section may issue subgrants to diversion providers or execute subcontracts for diversion services.

(2) The Adult Pre-Charge Diversion Program established pursuant to this section shall operate only to the extent funds are appropriated to the Office of the Attorney General, the Department of State's Attorneys and Sheriffs, and the Office of the Defender General to carry out the Program.

(3) In consultation with community-based restorative justice providers, the Office of the Attorney General shall develop program outcomes following the designated State of Vermont performance accountability framework and, in consultation with the Department of State's Attorneys and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services, the Judiciary, and the Division of Racial Justice Statistics of the Office of Racial Equity, report annually on or before December 1 to the General Assembly on services provided and outcome indicators. As components of the report required by this subsection, the Attorney General shall include data on the number of pre-charge and post-charge diversion program referrals in each county; race, gender, age, and other demographic variables, whenever possible; offenses charged and crime types; successful completion rates; and possible causes of any geographical disparities.

(4) The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5.

(5) In consultation with community-based restorative justice providers, the Center for Crime Victims Services, the Department of State's Attorneys and Sheriffs' Victim Advocates, the Division for Racial Justice Statistics of the Office of Racial Equity, and the State Archivist, the Attorney General shall adopt a policies and procedures manual for community-based restorative justice providers to promote a uniform system across the State in compliance with this section. The manual shall include the following policies and procedures related to:

(A) informing victims of their rights and role in pre-charge and post-charge diversion, including that such information is available in writing upon request;

(B) the timely notification victims of a referral to pre-charge and post-charge diversion;

(C) an invitation to victims to engage in the restorative process;

(D) how to share information with a victim concerning a restorative agreement's conditions related to the victim and any progress made on such conditions;

(E) best practices for collecting data from all parties that engage with the pre-charge and post-charge diversion programs; and

(F) confidentiality expectations for all parties who engage in the restorative process.

(c) Adult diversion program policy and referral requirements.

(1) Adult pre-charge diversion policy required. Each State's Attorney's office shall adopt an adult pre-charge diversion referral policy. To encourage fair and consistent pre-charge and post-charge diversion referral policies and methods statewide, the Department of State's Attorneys and Sheriffs and the Community Justice Unit shall publicly post the policies adopted by each State's Attorney's office.

(2) Adult pre-charge diversion policy contents. A county's State's Attorney's pre-charge diversion program policy shall include the following:

(A) criteria to determine whether a responsible party is eligible to participate in pre-charge diversion;

(B) any appropriate documentation to accompany a referral to pre-charge diversion, including the name and contact information of the responsible party, the name and contact information of the victim or victims, and a factual statement or affidavit of probable cause of the alleged offense;

(C) a procedure for returning a case to the law enforcement agency or the prosecutor, including when:

(i) the prosecutor withdraws a pre-charge referral from the diversion program;

(ii) the community-based restorative justice provider determines that the matter is not appropriate for pre-charge programming; and

(iii) a person does not successfully complete pre-charge diversion programming; and

(D) a statement reiterating that the State's Attorney retains final discretion over the cases that are eligible for diversion and may deviate from the adopted policy in accordance with such discretion.

(3) Adult post-charge diversion requirements. Each State's Attorney, in cooperation with the Office of the Attorney General and the adult post-charge diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State's Attorney shall retain final discretion over the referral of each case for diversion. All adult post-charge diversion programs receiving financial assistance from the Attorney General shall adhere to the following:

(A) The post-charge diversion program for adults shall only accept persons against whom charges have been filed and the court has found probable cause, but are not adjudicated.

(B) A prosecutor may refer a person to diversion either before or after arraignment and shall notify in writing the diversion program and the court of the prosecutor's referral to diversion.

(C) If a person is charged with a qualifying crime as defined in 13 V.S.A. § 7601(4)(A) and the crime is a misdemeanor, the prosecutor shall provide the person with the opportunity to participate in the court diversion program unless the prosecutor states on the record at arraignment or a subsequent hearing why a referral to the post-charge program would not serve the ends of justice. Factors considered in the ends-of-justice determination include the person's criminal record, the views of any victims, or the need for probationary supervision.

(D) Notwithstanding this subsection (c), the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225 and 5280.

(d) Confidentiality.

(1) The matter shall become confidential when notice of a pre-charge referral is provided to the diversion program, or when notice of a post-charge referral is provided to the court. However, persons who are subject to conditions of release imposed pursuant to 13 V.S.A. § 7554 and who are referred to diversion pursuant to subdivision (a)(2)(C) of this section, the matter shall become confidential upon the successful completion of diversion.

(2) All information gathered in the course of the adult diversion process shall be held strictly confidential and shall not be released without the participant's prior consent.

(3) Information related to any offense that a person divulges in preparation for, during, or as a follow-up to the provision of the adult diversion programming shall not be used against the person in any criminal, civil, family, juvenile, or administrative investigation, prosecution, or case for any purpose, including impeachment or cross-examination. However, the fact of participation and success, or reasons for failure, may become part of the prosecutor's records. This subsection shall not be construed to prohibit the limited disclosure or use of information to specific persons in the following circumstances:

(A) Where there is a threat or statement of a plan that a person may reasonably believe is likely to result in death or bodily injury to themselves or others or damage to the property of another person.

(B) When disclosure is necessary to report bodily harm any party causes another during restorative justice programming.

(C) When disclosure to other community-based restorative justice providers is necessary to facilitate coordination where an individual has more than one active referral before different restorative justice providers.

(D) Where there is a reasonable suspicion of abuse or neglect of a child or vulnerable adult and a report is made pursuant to the provisions of 33 V.S.A. § 4914 or 33 V.S.A. § 6903 or to comply with any law.

(E) Where a court or administrative tribunal determines that the materials were submitted by a participant in the program for the purpose of avoiding discovery of the material in a court or administrative proceeding. If a participant wishes to avail themselves of this provision, the participant may disclose this information in camera to a judicial officer for the purposes of seeking such a ruling.

(4)(A) Notwithstanding subdivision (2) of this subsection (d), if law enforcement or the prosecutor refers a case to diversion, upon the victim's request, the adult diversion program shall provide information relating to the conditions of the diversion contract regarding the victim, progress made on such conditions, and information that assists with obtaining the victim's compensation.

(B) Victim information that is not part of the public record shall not be released without the victim's prior consent.

(C) Nothing in this section shall be construed to prohibit a victim's exercise of rights as otherwise provided by law.

(e) Rights and responsibilities.

(1) Adult court diversion programs shall be set up to respect the rights of participants.

(2)(A) Diversion candidates shall be informed of their right to the advice, assistance, and access to private counsel or the public defender at all stages of the diversion process, including the initial decision to participate and the decision to accept the diversion contract, so that the candidate may give informed consent.

(B) For the pre-charge diversion program, notwithstanding the financial need determination pursuant to 13 V.S.A. § 5236, the diversion program shall inform the candidate that a public defender is available for consultation at public expense upon the request of the diversion candidate.

(3) The candidate shall be informed that participation in the diversion program is voluntary.

(4)(A) The pre-charge and post-charge diversion programs may charge fees to its participants, which shall be paid to the local adult court diversion program. If a fee is charged, it shall be determined by program officers or employees based upon the financial capabilities of the participant. The fee shall not exceed $300.00. Any fee charged shall be a debt due from the participant.

(B) Notwithstanding 32 V.S.A. § 502(a), fees collected pursuant to this subdivision (4) shall be retained and used solely for the purpose of the adult court diversion program.

(5) Any victims shall be notified of the victim's rights and role in the pre-charge diversion process, including notification of a candidate's referral to the pre-charge diversion program by the pre-charge diversion program.

(f) Records; deletion and expungement.

(1) Pre-charge diversion records deletion.

(A) Not later than 10 days after the successful completion of the pre-charge diversion program, the adult diversion program shall notify the victim, law enforcement agency, and the State's Attorney's office of the participant's successful completion. Payment of restitution is required for successful completion.

(B) Within 30 days after the two-year anniversary notifying the State's Attorney's office of the participant's successful completion, the Attorney General shall provide notice that all records held by the diversion program shall be deleted.

(C) Within 30 days after the two-year anniversary notifying the law enforcement agency and the State's Attorney's office of the participant's successful completion, the Attorney General shall provide notice that all public records held by the law enforcement agency and the State's Attorney's office shall be deleted, including any held by the Attorney General. Records maintained on the Valcour database or other similar nonpublic databases maintained by a law enforcement agency, a State's Attorney's office, or the Department of State's Attorneys and Sheriffs shall be exempt from deletion and shall only be used for criminal justice purposes.

(2) Pre-charge diversion case index.

(A) The Community Justice Unit shall keep a special index of pre- charge diversion cases that have been deleted pursuant to this section together with the notice of deletion provided by the Attorney General. The index shall list only the name of the diversion participant, the individual's date of birth, a case number, date of case closure, location of programming, and the offense that was the subject of the deletion.

(B) The special index and related documents specified in subdivision (A) of this subdivision (2) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.

(C) Inspection of the notice may be permitted only upon request by the person who is the subject of the case. The Attorney General may permit special access to the index and the documents for research purposes pursuant to subdivision (g)(2) of this section.

(D) The Community Justice Unit shall establish policies for implementing subdivisions (1)–(4) of this subsection (f).

(3) Effect of deletion. Except as otherwise provided in this section, upon the notice to delete files and records under this section, the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the Community Justice Unit, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the notice shall be sent to each agency, entity, or official named therein.

(4) Deletion applicability. The process of automatically deleting records as provided in this section shall only apply to those persons who completed pre-charge diversion on or after July 1, 2025.

(5) Post-charge diversion records expungement. Within 30 days after the two-year anniversary of a successful completion of adult post-charge diversion, the court shall provide notice to all parties of record of the court's intention to order the expungement of all court files and records, law enforcement records, fingerprints, and photographs other than entries in the adult court diversion program's centralized filing system applicable to the proceeding. However, the court shall not order expungement if the participant does not satisfy each of subdivisions (A)–(C) of this subdivision. The court shall give the State's Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:

(A) two years have elapsed since the successful completion of the adult post-charge diversion program by the participant;

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

(C) the participant does not owe restitution related to the case.

(6) Expungement of sealed records. The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State's Attorney's office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State's Attorney's office that prosecuted the case.

(7) Post-charge diversion case index.

(A) The court and the Office of the Attorney General shall keep a special index of post-charge diversion cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, the person's date of birth, the docket number, date of case closure, location of programming, and the criminal offense that was the subject of the expungement.

(B) The special index and related documents specified in subdivision (A) of this subdivision (7) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.

(C) Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.

(D) The Court Administrator shall establish policies for implementing subdivisions (5)–(9) of this subsection (f).

(8) Effect of expungement. Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the court, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency, entity, or official named therein.

(9) Expungement applicability. The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have the person's records expunged. Expungement shall occur if the requirements of this subsection are met.

(g) Public Records Act exemption.

(1) Except as otherwise provided in this section, any records or information produced or acquired pursuant to this section shall be exempt from public inspection or copying under Vermont's Public Records Act and shall be kept confidential.

(2) Notwithstanding subdivision (1) of this subsection, a law enforcement agency, State's Attorney's office, court, or community-based restorative justice provider may disclose information to colleges, universities, public agencies of the State, and nonprofit research organizations that a community-based restorative justice provider has agreements with for use in connection with research projects of a public service nature, but no person associated with those institutions or agencies shall disclose that information in any manner that would reveal the identity of an individual who provided the information to the community-based restorative justice provider.
3APPENDIX V.S.A. § 42 — VT Code / Title 3APPENDIX / Chapter 20 / Section 42
§ 20-42. Exec. Order No. 20-42 (No. 17-11) [Vermont Military 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 Military Humanitarian Service Medal with accompanying ribbons and appurtenances for award by the Adjutant General. Individuals eligible for the medal are members of the Vermont National Guard and the Vermont State Guard when in active service, who, subsequent to August 27, 2011, distinguished themselves by meritorious participation in a military act or operation of a humanitarian nature. The Adjutant General will determine types of acts or operations that warrant award of the medal.

SEC. (2) The Vermont Military Humanitarian Service Medal and ribbons and appurtenances thereto shall be of appropriate design approved by the Adjutant General and shall be awarded by the Adjutant General under uniform regulations, as prescribed by the Adjutant General.

SEC. (3) No more than one Vermont Military Humanitarian Service Medal shall be awarded to any one person, but for each subsequent participation in a humanitarian act or operation justifying such an award, a suitable device may be awarded to be worn with that medal as prescribed by appropriate regulations of the Vermont National Guard.

SEC. (4) The Vermont Military Humanitarian Service Medal or device may be awarded posthumously, and when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Adjutant General.

Dated November 23, 2011.
3APPENDIX V.S.A. § 64 — VT Code / Title 3APPENDIX / Chapter 3 / Section 64
§ 3-64. Exec. Order No. 3-64 (No. 05-14) [Accessibility of Buildings Used for Public Meetings to People with Disabilities]
Status: in_force

WHEREAS, section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act provide that programs and buildings financed in part or in whole by a grant or loan from the federal government must be accessible to people with disabilities;

WHEREAS, since 1981, Vermont law regarding public buildings has required that a person shall not construct or permit construction of a public building unless the specifications equal those of the American National Standards Institute and current Americans with Disabilities Act Accessibility Guidelines related to making buildings and facilities accessible to and usable by people with physical disabilities;

WHEREAS, an estimated 92,000 Vermonters have disabling conditions that are significantly restrictive and can be exclusive unless reasonable accommodations are made;

WHEREAS, all Vermonters with disabilities should have access to and use of buildings and facilities where the functions of State Government are conducted; and

WHEREAS, it is the policy of the State of Vermont to conduct all state business in barrier-free facilities.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont do hereby direct that all meetings that are open to the public where Vermont State Government business is conducted shall be held in buildings or facilities accessible to and usable by people with disabilities.

This Order shall take effect upon signing and supersedes and replaces Executive Order 28-86 (codified as No. 29-14).

Dated October 21, 2014
3 V.S.A. § 1013 — VT Code / Title 3 / Chapter 28 / Section 1013
§ 1013. Subjects for bargaining
Status: in_force

All matters relating to the relationship between the employer and employees are subject to collective bargaining, to the extent those matters are not prescribed or controlled by law, including:

(1) wages, salaries, benefits, and reimbursement practices relating to necessary expenses and the limits of reimbursable expenses;

(2) minimum hours per week;

(3) working conditions;

(4) overtime compensation and related matters;

(5) leave compensation and related matters;

(6) reduction-in-force procedures;

(7) grievance procedures;

(8) terms of coverage and amount of employee financial participation in insurance programs;

(9) rules for personnel administration of employees provided the rules are not discriminatory in regard to an applicant's race, color, creed, sex, sexual orientation, gender identity, age, national origin, religion, or disability;

(10) the manner in which to enforce an employee's obligation to pay the collective bargaining service fee.
3 V.S.A. § 2511 — VT Code / Title 3 / Chapter 47 / Section 2511
§ 2511. Definitions
Status: in_force

As used in this subchapter:

(1) “Benefit” means any abatement, loan, or grant awarded to the business as enumerated in subdivision (2) of this section.

(2) “Business” means any individual, partnership, corporation, or other entity that has been granted a tax abatement pursuant to the provisions of Title 24, or has been granted a loan or a grant by any board, commission, or program established under the provisions of Title 10 or 24, or under the provisions of this title.

(3) “Commissioner” means the Commissioner of Taxes.

(4) “Qualified period” means a period of five years after the initial grant of a benefit or a time period set forth in any agreement executed by the State subsequent to the effective date of this subchapter.
3 V.S.A. § 111 — VT Code / Title 3 / Chapter 5 / Section 111
§ 111. Township charters
Status: in_force

(a) The Secretary shall procure from the proper sources authenticated copies of such original charters of townships in this State as were not granted by the General Assembly.

(b) Copies of original charters of townships deposited in the Secretary of State's office shall be valid records of such charters, and such record or copies thereof duly certified by the Secretary of State shall be competent evidence of such original charters in court.
3 V.S.A. § 2313 — VT Code / Title 3 / Chapter 45 / Section 2313
§ 2313. Performance contracts and grants
Status: in_force

(a) The Chief Performance Officer shall assist agencies as necessary in developing performance measures for contracts and grants.

(b) Annually, on or before July 30 and as part of any other report requirement to the General Assembly set forth in this subchapter, the Chief Performance Officer shall report to the General Assembly on the progress by rate or percent of how many State contracts and grants have performance accountability requirements and the rate or percent of contractors' and grantees' compliance with those requirements.
3APPENDIX V.S.A. § 76 — VT Code / Title 3APPENDIX / Chapter 3 / Section 76
§ 3-76. Exec. Order No. 3-76 (No. 01-17) [Governor's Strategic Goals]
Status: in_force

WHEREAS, Vermont faces a significant challenge with its demographics: Vermont's population is aging, and employers report challenges with recruiting and retaining a skilled workforce; and

WHEREAS, as the workforce grows smaller, the tax burden increases for those who choose to remain in Vermont; and

WHEREAS, State government has a duty to treat all Vermonters with dignity, respect all points of view, and honor the moral obligation we have to care for the vulnerable, including those struggling with substance addiction and abuse; and

WHEREAS, it is essential to restore the economic and fiscal fundamentals of the State of Vermont, strengthen the economy, and make Vermont more affordable for families and businesses.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby order and direct all State Agency Secretaries and Department Commissioners to utilize their powers, duties, and programs to establish the following cornerstones as their strategic and operational goals:

(1) Growing the Vermont economy;

(2) Making Vermont an affordable place to live, work, and do business; and

(3) Protecting vulnerable Vermonters.

This Executive Order shall take effect upon execution.

Dated January 5, 2017
3APPENDIX V.S.A. § 10 — VT Code / Title 3APPENDIX / Chapter 20 / Section 10
§ 20-10. Exec. Order No. 20-10 (No. 05-95) [Activation of National Guard to Assist State and Local Officials in Stabilizing Conditions Resulting From Flooding]
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. § 2291a — VT Code / Title 3 / Chapter 45 / Section 2291a
§ 2291a. State agency planning and coordination
Status: in_force

State agencies shall engage in a continuing planning process to ensure that programs and actions are consistent with the goals established in the State Agency Energy Plan required by section 2291 of this title. This planning process shall be coordinated in a manner established by the Commissioner of Buildings and General Services.
3 V.S.A. § 1101 — VT Code / Title 3 / Chapter 29 / Section 1101
§ 1101. Obligation of State to defend employees; definition
Status: in_force

(a) In any civil action against a State employee for alleged damage, injury, loss, or deprivation of rights arising from an act or omission to act in the performance of the employee's official duties, it shall be the obligation of the State to defend the action on behalf of the employee and to provide legal representation for that purpose at State expense, except to the extent that such representation is provided by an insurance carrier, or except in an action resulting from the service of civil process.

(b) As used in this chapter, “State employee” includes any elective or appointive officer or employee within the Legislative, Executive, or Judicial Branch of State Government or any former such employee or officer. The term includes:

(1) sheriffs and State's Attorneys and their deputies and former sheriffs and State's Attorneys and their deputies;

(2) guardians ad litem;

(3) any member of the National Guard ordered into State service pursuant to 20 V.S.A. §§ 366, 601, and 602 or section 163 or 164 of this title;

(4) any person who volunteers for a State agency by providing services at the request of that agency and under the direction and control of that agency, but who does not receive hourly or salary compensation;

(5) any person performing juvenile or adult diversion services under section 163 or 164 of this title;

(6) persons appointed to or employed by the Council of Regional Commissions;

(7) any person who volunteers for a State court by providing services at the request of that court and under the direction of that court, but who does not receive hourly or salary compensation;

(8) any representative or paid employee of the Vermont Higher Education Council while acting as the Vermont State postsecondary review entity in fulfillment of the requirements of the federal Reauthorization of Higher Education Act (P.L. 102-235 as amended);

(9) staff employed by the Center for Crime Victim Services and victim advocates; and

(10) administrative reviewers whose services are contracted by the State pursuant to 33 V.S.A. § 4916a(f).
3 V.S.A. § 1011 — VT Code / Title 3 / Chapter 28 / Section 1011
§ 1011. Definitions
Status: repealed

As used in this chapter:

(1) “Agreement” means a written agreement resulting from collective bargaining negotiation and covers the terms, tenure, and conditions of employment.

(2) “Board” means the State Labor Relations Board established pursuant to section 921 of this title.

(3) “Collective bargaining” means the process of negotiating terms, tenure, or conditions of employment between the Judiciary Department and representatives of the employees with the intent to arrive at a written agreement.

(4) “Collective bargaining service fee” means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, and that fee is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee. A collective bargaining service fee shall not exceed 85 percent of the amount payable as dues by members of the employee organization; shall be deducted in the same manner as dues are deducted from the salary or wages of members of the employee organization; and shall be used to defray the costs of chargeable activities.

(5) “Collective bargaining unit” means the employees of an employer and may be either all the employees or a unit or units determined by the Board to be appropriate to represent the interests of employees.

(6) “Complaint” means an informal expression made by the employees or a group of employees to the immediate supervisor about dissatisfaction with any aspect of employment or working conditions under a collective bargaining agreement.

(7) “Confidential employee” means an employee, as determined by the Board, who has responsibility, knowledge, or access to information relating to collective bargaining, personnel administration, or budgetary matters that is incompatible with that employee's membership in or representation by an employee organization.

(8) “Employee” means any individual employed and compensated on a permanent or limited status basis by the Judiciary Department, including permanent part-time employees and any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of an unfair labor practice. “Employee” does not include any of the following:

(A) a Justice, judge, assistant judge, magistrate, or hearing officer;

(B) the Court Administrator;

(C) a managerial, supervisory, or confidential employee;

(D) a law clerk, attorney, or administrative assistant or private secretary to a judge, Justice, or Court Administrator;

(E) an individual employed on a temporary, contractual, seasonal, or on-call basis, including an intern;

(F) an employee during the initial or extended probationary period;

(G) the head of a department or division;

(H) [Repealed.]

(I) an attorney for the Supreme Court, for the Court Administrator, or for any board or commission created by the Supreme Court;

(J) an employee paid by the State who is appointed part-time as county clerk pursuant to 4 V.S.A. § 651 or 691; or

(K) an employee who, after hearing by the Board upon petition of any individual, the employer, or a collective bargaining unit, is determined to be in a position that is sufficiently inconsistent with the spirit and intent of this chapter to warrant exclusion.

(9) “Employee organization” means an organization of any kind in which employees participate and that exists for the purpose of representing its members, if certified by the Board as an exclusive representative for the purposes of collective bargaining.

(10) “Employer” means the Judiciary Department, represented by the Supreme Court or the Supreme Court's designee.

(11) “Grievance” means a written notice from an employee or a group of employees covered by an agreement or the employee's representative about dissatisfaction with any aspect of employment or working conditions covered by a collective bargaining agreement or about the discriminatory application of a rule or regulation, and the dissatisfaction has not been satisfactorily resolved after informal discussion with immediate supervisors.

(12) “Labor dispute” means any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of individuals in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants are employer and employee.

(13) “Managerial employee” means an individual, as determined by the Board, who functions as the head of a department, institution, district operation, or a major program or division or section.

(14) “Person” means an individual, the State of Vermont, an employee organization, partnership, corporation, a legal representative, trustee, or any other natural or legal entity whatsoever.

(15) “Representative” means an individual or employee organization certified by the Board to represent employees in collective bargaining or grievance proceedings.

(16) “Strike” means any concerted work stoppage by employees, including concerted slowdowns, interference, or interruption of operations or services. “Strike” also includes boycotts, refusal to use any products or services, or refusal to work or cooperate with any person by employees in the course of employment when properly directed to do so by the employer or supervisor or superior.

(17) “Supervisory employee” means an employee, as determined by the Board, who has authority from the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or who has the responsibility for directing employees or adjusting employee grievances or effectively recommending such action, provided the exercise of authority is not merely routine or clerical, but requires independent judgment.
3 V.S.A. § 1014 — VT Code / Title 3 / Chapter 28 / Section 1014
§ 1014. Management rights
Status: in_force

(a) The employer shall be responsible for insuring consistency of the terms and conditions in various agreements throughout the Judiciary Department and shall not agree to any terms or conditions for which adequate funds are not available.

(b) Subject to rights guaranteed by this chapter and other applicable laws, nothing in this chapter shall be construed to interfere with the right of the employer to:

(1) carry out its statutory mandate and goals and to utilize personnel, methods and means in the most appropriate manner; or

(2) take necessary action to carry out its mission in an emergency situation.

(c) The employer shall take any action necessary to implement and administer the provisions of a legally binding agreement between the employer and an employee organization.

(d) The Agency of Administration shall provide to the Supreme Court, on request, any information that it possesses or can reasonably produce that it uses to prepare for or conduct collective bargaining negotiations. The Agency shall also provide any services it provides to Executive and legislative agencies or departments related to the processing of the State's payroll and the administration of benefits. In the event the bargaining agreement contains provisions that require the Agency of Administration or the Judiciary Department to expend more than what is typically budgeted for administration and maintenance of the payroll or benefit administration system, the Court Administrator shall request the funding at the time the agreement is submitted to the General Assembly for approval under subsection (c) of section 1036 of this title.
3 V.S.A. § 310 — VT Code / Title 3 / Chapter 13 / Section 310
§ 310. Classification plan; rules
Status: in_force

(a) The Department of Human Resources shall adopt a uniform and equitable plan of classification for each position within State service, now or hereafter created, including positions within the Department of Public Safety, except those positions expressly excluded by section 311 of this title or by other provisions of law. For purposes of internal position alignment and assignment of positions to salary ranges, the plan shall be based upon a job content comparison method of job evaluation. As used in this section, “job content comparison method” means a system under which positions are assigned to salary ranges based on a scale of values against which job evaluations of individual positions are compared.

(b) It shall be the responsibility of the Department of Human Resources to perform job evaluations for each position based on current job descriptions that describe the nature, scope, and accountabilities for each class of employees. It shall be the responsibility of the head of each department to provide current job descriptions for all positions within his or her department and such other information as may be required to the Department of Human Resources in order to enable that department to carry out its responsibility under this section.

(c) The Department of Human Resources, upon the approval of the General Assembly, shall establish and maintain a salary structure consisting of salary ranges with a minimum salary and a maximum salary for each range. Classes shall be assigned to salary ranges based upon the job evaluation provided for under subsection (b) of this section.

(d) Subject to bargaining rights as set forth in chapter 27 of this title, the Secretary of Administration shall adopt rules and procedures to carry out the foregoing provisions of this section.

(e) Subject to bargaining rights as set forth in chapter 27 of this title, the Commissioner of Human Resources shall adopt rules and methods of qualifying employees for positions as will make the plan effective, and shall adopt rules governing appointments, probation, promotions, demotions, transfers, separations, vacations, sick leave, and hours of employment applicable to persons in the classified service.

(f) The Classification and Compensation Plan and the rules for personnel administration shall be based on merit system principles and shall provide for compliance with the laws relating to preference granted to qualified persons who have served in the U.S. Armed Forces and received honorable discharge.

(g)(1) After the requirements of an applicable collective bargaining agreement have been satisfied with regard to hiring issues and after compliance with subsection 327(a) of this title, and consistent with applicable State or federal standards for affirmative action, the State shall make a diligent effort to recruit, interview, and hire:

(A) those applicants who meet the definition of a veteran as defined by 38 U.S.C. § 101 and who received an honorable discharge; and

(B) the spouses of veterans, as defined in subdivision (A) of this subdivision (1), who currently receive disability compensation or improved pension from the U.S. Department of Veterans Affairs and are unable to work due to disability and the surviving spouses of veterans in cases where the surviving spouse currently receives dependency indemnity compensation from the U.S. Department of Veterans Affairs.

(2) Veterans who apply for and meet the requirements for any open competitive recruitment that is conducted using a point-based examination and who receive a passing score shall have five points added to their competitive examination rating, and service-connected disabled veterans, veterans' unremarried widows or widowers, and spouses of totally service-connected disabled veterans who meet the requirements for any open competitive examination and who receive a passing score shall have ten points added to their competitive examination rating, subject to the provisions contained in 20 V.S.A. § 1543.

(h) Those individuals qualifying under subdivision (g)(1)(A) of this section shall be entitled to apply and compete for vacant positions for which recruitment is being conducted only on a statewide promotional basis.

(i) The appeal procedures for classification and reclassification of an employee's or employees' positions shall be a subject for collective bargaining and when bargained this aspect of employment may be included as a grievance under subdivision 902(14) of this title.

(j) Subject to the provisions of the collectively bargained agreements with the Vermont State Employees' Association, the Secretary of Administration may exceed established classified pay plan maximums to implement market factor adjustments for the purpose of attracting and retaining qualified employees in the classified system.
3 V.S.A. § 2421 — VT Code / Title 3 / Chapter 47 / Section 2421
§ 2421. 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.]
3 V.S.A. § 2803 — VT Code / Title 3 / Chapter 51 / Section 2803
§ 2803. Advisory capacity
Status: repealed

(a) All boards, committees, councils, activities, and departments that under this chapter are a part of the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of such boards, committees, councils, activities, and departments, including administrative, policy making, rulemaking, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.

(b) Notwithstanding subsection (a) of this section or any other provision of this chapter, the Fish and Wildlife Board and the Land Use Review Board shall retain and exercise all powers and functions given to them by law that are of regulatory or quasi-judicial nature, including the power to adopt, amend, and repeal rules; to conduct hearings; to adjudicate controversies; and to issue and enforce orders, in the manner and to the extent to which those powers are given to those respective boards by law.

(c) [Repealed.]
3APPENDIX V.S.A. § 50 — VT Code / Title 3APPENDIX / Chapter 3 / Section 50
§ 3-50. Exec. Order No. 3-50 (No. 10-09) [Rescinding Certain Executive Orders]
Status: in_force

WHEREAS, the Governor has the power under 3 V.S.A., chapter 41 to alter the organization of the Executive Branch through use of the Executive Order; and

WHEREAS, the Executive Order has been used over the years for a variety of purposes, including the creation of certain boards, councils and commissions, and the reorganization of the Executive Branch; and

WHEREAS, these orders are of continuous effect unless expressly limited in duration, or revoked, rescinded or superseded; and

WHEREAS, certain executive orders are either no longer useful, no longer effective, or have been superseded by legislative enactment, and yet remain in existence.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby revoke and rescind the following Executive Orders:

Executive Order 68-88 (codified as #10-10) dated November 17, 1988 (State Agencies Designated as Having Programs Affecting Land Use or Exempted from Compliance with all Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Planning Implementation Committee);

Executive Order 70-89 (codified as #3-15) dated January 13, 1989 (Abolition of Office on Aging and Transfer of Functions of Certain Divisions to and Establishment of Department of Rehabilitation and Aging);

Executive Order 97-90 (codified as #22-3) dated November 22, 1990 (Governor's Advisory Commission on Native American Affairs);

Executive Order 99-90 (codified as #10-14) dated December 31, 1990 (Approval of Interim State Agency Land Use Plans);

Executive Order 13-91 (codified as #10-16) dated November 21, 1991 (State Agencies Designated as Having Programs Affecting Land Use in Compliance with Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Implementation Committee);

Executive Order 01-99 (codified as #21-6) dated February 1, 1999 (Vermont State Workforce Investment Board);

Executive Order 12-03 (codified as #5-5) dated August 5, 2003 (Vermont Transportation Operations Council);

Executive Order 17A-03 (codified as #13-3) dated November 17, 2003 (Governor's Commission on Corrections Overcrowding);

Executive Order 02-04 (codified as #10-31) dated April 8, 2004 (Vermont Clean State Program);

Executive Order 04-06 (codified as #15-8) dated June 29, 2006 (Creation of the Vermont Council on Domestic Violence);

Executive Order 08-06 (codified as #30-9) dated November 4, 2006 (Statewide Telecommunications Advancement);

Executive Order 01-07 (codified as #13-4) dated February 9, 2007 (Vermont Victim/Survivor Crime Council).

This Executive Order shall take effect upon signing.

Dated December 23, 2009
3APPENDIX V.S.A. § 26 — VT Code / Title 3APPENDIX / Chapter 29 / Section 26
§ 29-26. Exec. Order No. 29-26 (No. 01-95) [Transfer of Land and Easements From Agency of Natural Resources, Department of Fish and Wildlife, to Agency of Transportation]
Status: in_force

WHEREAS, it appears that certain land and easements in the Town of Roxbury, County of Washington, and State of Vermont which is presently under the jurisdiction and control of the Agency of Natural resources, Department of Fish and Wildlife, is necessary for highway purposes in connection with Highway Project Roxbury BRS 0187(3)S; and

WHEREAS, the Agency of Transportation is charged with and has the responsibility for planning, constructing, and maintaining all such highways,

NOW THEREFORE, I, Howard Dean, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over to the Agency of Transportation, jurisdiction and control over certain land and easements of the Agency of Natural Resources, Department of Fish and Wildlife, and being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by the following instruments:

1. Quit-Claim Deed from Charles C. Warren dated November 30, 1894 and recorded in Book 16, Page 201, of the Town of Roxbury Land Records.

2. Warranty Deed from Edward H. Thurston and Ola M. Thurston dated September 21, 1956 and recorded in Book 28, Pages 85-87, of said Town of Roxbury Land Records. A portion of the land conveyed in this deed was transferred from the jurisdiction and control of the Department of Highways to the jurisdiction and control of the Department of Fish and Game by Executive Order dated November 12, 1973 and recorded in Book 28, Page 531, of said Town of Roxbury Land Records.

The land and easements transferred herein are further described as Parcel #1 as shown on Pages 9 and 11 of the plans of Highway Project Roxbury BRS 0187 (3)S as filed on May 11, 1993 in the office of the Clerk of the Town of Roxbury.

The transfer includes all right, title, and interest which the Agency of Natural Resources, Department of Fish and Wildlife, has or may have in or to a parcel of land which contains approximately 0.51 acre and is located entirely within the existing right-of-way of Vermont #12A. Said parcel is further described as follows:

Beginning at a point in the existing westerly right-of-way boundary of Vermont Route #12A, 50 feet distant westerly radiating from approximate station 118+00 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Roxbury BRS 0187 (3)S;

thence 237 feet, more or less, northerly along said westerly right-of-way boundary of Vermont Route #12A, and crossing the Third Branch of the White River to a point 50 feet distant westerly at right angle from approximate station 120+43 of said CL;

thence 33 feet, more or less, northeasterly along said westerly right-of-way boundary of Vermont Route #12A to a point 25 feet distant westerly at a right angle from approximate station 124+65 of said CL;

thence 416 feet, more or less, northerly and easterly along said westerly right-of-way boundary of Vermont State Route #12A to a point 25 feet distant northwesterly at right angle from approximate station 124+65 of said CL;

thence 25 feet, more or less, southeasterly to a point in Vermont Route # 12A, at approximate station 124+65 on said CL;

thence 665 feet, more or less, southwesterly and southerly along Vermont #12A to a point at approximate station 118+00 on said CL;

thence 50 feet, more or less, westerly to the point of beginning.

Also included in this transfer are the following easements:

A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct a temporary bridge detour, in an area which contains 0.10 acre, more or less, and is located left of and between approximate stations 119+85 and 122+24 of the aforesaid CL;

A permanent easement to extend and maintain highway slopes and embankments in an area of 0.10 acre, more or less, and temporary easements during the period during the period of construction, to extend highway slopes and embankments in an area of 0.10 acre, more or less, and in an area of 0.06 acre, more or less, as shown on the aforesaid filed plans.

The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The State of Vermont, Agency of Transportation, shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

An easement, in an area of 0.10 acre, more or less, to change and maintain the channel of a certain stream of water, known locally as the Third Branch of the White River, now running on the lands of the Agency of Natural Resources, Department of Fish and Wildlife, left of and between approximate stations 120+45 and 120+73 of said CL;

An easement to install and maintain a wingwall located left of and between approximate stations 120+69 and 120+80 of said CL;

A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to reset two white pine trees located left of and between approximate stations 121+15 and 121+70 of said CL;

A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct a drive at or near and left of approximate station 122+50 of said CL.

Dated January 9, 1995.
3APPENDIX V.S.A. § 22 — VT Code / Title 3APPENDIX / Chapter 20 / Section 22
§ 20-22. Exec. Order No. 20-22 (No. 08-99) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Town of Springfield]
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. § 85 — VT Code / Title 3APPENDIX / Chapter 3 / Section 85
§ 3-85. Exec. Order No. 3-85 (No. 06-17) [Creation of the Agency of Digital Services]
Status: in_force

WHEREAS, the Governor, pursuant to 3 V.S.A. Section 2001, may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, it is desirable to reorganize the departments and divisions of government by better coordinating certain activities and to improve the coordination and effectiveness of services to the public; and

WHEREAS, the Department of Information and Innovation and various State agencies purchase information technology (IT) products and services, administer IT programs and provide IT services; and

WHEREAS, the existing structure of centralized IT and decentralized IT operating in parallel has made it difficult to (i) share data; (ii) capture comprehensive IT usage metrics, including spending; (iii) develop a comprehensive strategy for funding, procurement and use of IT; (iv) ensure results based accountability; and (v) collaborate on statewide best practices; and

WHEREAS, many states have restructured information technology governance in order to increase efficiency, broaden transparency and enable more strategic use of IT; and

WHEREAS, restructuring IT governance presents an opportunity to better align business functions and IT through:

(1) Improved coordination of technology procurements;

(2) Improved project management practices and standards;

(3) Improved communication among State agency and department technology resources;

(4) Improved IT governance;

(5) Utilization of technology skills and resources across departments for the benefit of all agencies and departments;

(6) A comprehensive understanding of IT spending;

(7) Support of results based accountability;

(8) Realignment of IT resources with State priorities; and

WHEREAS, this restructuring offers benefits to State employees through greater opportunities for professional development within State government; and

WHEREAS, the State could improve and more efficiently deliver services to the public through the creation of the Agency of Digital Services.

NOW, THEREFORE, by virtue of the authority vested in me by 3 V.S.A. Chapter 41 as Governor, I, Philip B. Scott, do hereby create an Agency of Digital Services. The Agency of Digital Services shall be the successor to, and the continuation of, the Department of Information and Innovation.

1. All duties, obligations, responsibilities and authority, including all contracts, grant agreements, service level agreements and MOUs of the Department of Information and Innovation are hereby transferred to the Agency of Digital Services and shall continue in force and effect without any interruption in their functions.

2. All financial assets and liabilities of the Department of Information and Innovation are hereby transferred to the Agency of Digital Services and shall be accounted for in the Internal Services Fund, known as the Communications and Information Technology Fund.

3. The position of the Commissioner of the Department of Information and Innovation is abolished and all the duties, responsibilities and authority of the Commissioner are hereby transferred to the Secretary and Chief Information Officer of the Agency of Digital Services.

4. All other authorized positions and equipment of the Department of Information and Innovation are transferred to the Agency of Digital Services.

5. Effective April 17, 2017, the Agency of Digital Services shall be headed by the Secretary and Chief Information Officer (together, the “CIO”) appointed by the Governor with the advice and consent of the Senate.

6. Effective April 17, 2017, the CIO of the Agency of Digital Services may appoint a Chief Financial Officer who shall be exempt from the classified service.

7. Effective April 17, 2017, the Agency of Digital Services shall consist of five divisions: (A) the Security Division which shall be headed by the Chief Information Security Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (B) the Enterprise Architecture Division which shall be headed by the Chief Technology Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (C) the Data Management Division which shall be headed by the Chief Data Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (D) the Division of Enterprise Project Management; and (E) the Division of Shared Services. The Division of Enterprise Project Management and the Division of Shared Services shall each be headed by a Director appointed by the CIO of the Agency of Digital Services, with the approval of the Governor. The Chief Information Security Officer, the Chief Technology Officer, the Chief Data Officer and the Directors shall be exempt from the classified service.

8. Effective April 17, 2017, all existing department and agency technology leaders, including, but not limited to, chief information officers and directors of information technology (“technology leaders”), and their professional IT personnel in the Executive Branch agencies and departments, shall report directly to the CIO of the Agency of Digital Services.

9. The Commissioner of the Department of Human Resources and the CIO of the Agency of Digital Services, in consultation with agency and department heads, shall identify technology leaders. The Commissioner of the Department of Human Resources and the CIO of the Agency of Digital Services shall define the position duties and identify and determine appropriate classifications for all State personnel who perform information security activities, as that term is defined in 3 V.S.A. § 2222(9) and information technology activities, as that term is defined in 3 V.S.A. 2222(10). All technology leaders shall be exempt from the classified service.

10. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all positions and incumbents identified by the Commissioner of Human Resources and the CIO of the Agency of Digital Services as set forth above, shall transfer to the Agency of Digital Services. Technology leaders and professional IT personnel shall remain in their current physical locations.

11. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all appropriations associated with the positions transferred pursuant to paragraph 10 above, shall transfer from the affected agencies and departments to the Agency of Digital Services.

12. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all the functions, equipment, supplies and inventory associated with the positions transferred pursuant to paragraph 10 above, shall transfer from the affected agencies and departments to the Agency of Digital Services. All agency and department contracts for goods and services shall remain with the respective agencies and departments.

13. The CIO of the Agency of Digital Services shall further study the effectiveness, priority and delivery of IT services and shall report to the Governor any additional recommendation for restructuring and/or statutory changes by November 17, 2017.

This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 and shall take effect on April 17, 2017, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002(b).

Dated January 15, 2017.
3APPENDIX V.S.A. § 36 — VT Code / Title 3APPENDIX / Chapter 20 / Section 36
§ 20-36. Exec. Order No. 20-36 (No. 04-08) [Vermont Communications Board]
Status: in_force

Superseded and replaced by Executive Order No. 20-44 (codified as Executive Order No. 02-12), dated January 17, 2012.
3APPENDIX V.S.A. § 30 — VT Code / Title 3APPENDIX / Chapter 3 / Section 30
§ 3-30. Exec. Order No. 3-30 (No. 07-95) [Administrative Districts]
Status: in_force

WHEREAS, Vermont state government can realize savings by consolidating management, information and space; by coordinating state technical services; and by consolidating the public's access to information and other assistance; and

WHEREAS, Vermont state government must also collaborate to avoid inconsistencies and redundancies among state and local agencies and departments; and

WHEREAS, 3 V.S.A. Section 4001 establishes eight administrative districts for state government.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby direct all executive branch agencies and departments of Vermont state government to:

• Align the geographic boundaries of their administrative districts to conform with the statutorily prescribed eight administrative districts.

• Reduce management and overhead structures in agencies and departments within the eight administrative service districts by combining these districts where appropriate or by sharing management resources across agencies and departments.

• Work collaboratively with communities and service providers within these districts to deliver quality and cost-effective services.

• Enhance client service delivery systems to geographically isolated regions of the state through the use of satellite offices.

This Executive Order shall take effect upon signing.

Dated October 4, 1995.
3 V.S.A. § 23 — VT Code / Title 3 / Chapter 1 / Section 23
§ 23. The Commission on International Trade
Status: in_force

(a) Definitions. For the purposes of this section: “International Trade Agreement” means a trade agreement between the federal government and a foreign country. International Trade Agreement does not include a trade agreement between the State and a foreign country to which the federal government is not a party.

(b) Membership. There is created a Commission on International Trade and State Sovereignty consisting of:

(1) the Chair of the House Committee on Commerce and Economic Development or his or her designee;

(2) the Chair of the Senate Committee on Economic Development, Housing and General Affairs or his or her designee;

(3) a representative of a nonprofit environmental organization, appointed by the Governor from a list provided by the Vermont Natural Resources Council;

(4) a representative of organized labor, appointed by the Governor from a list provided by Vermont AFL-CIO, Vermont NEA, and the Vermont State Employees' Association;

(5) the Secretary of Commerce and Community Development or his or her designee;

(6) the Attorney General or his or her designee;

(7) a representative of an exporting Vermont business, appointed by the Governor;

(8) a representative of a Vermont business actively involved in international trade, appointed by the Governor;

(9) the Secretary of Agriculture, Food and Markets or his or her designee; and

(10) a representative of a Vermont chamber of commerce, appointed by the Governor.

(c) Powers and duties.

(1) The Commission shall conduct an annual assessment of the legal and economic impacts of International Trade Agreements on State and local laws, State sovereignty, and the business environment.

(2) It shall provide a mechanism for citizens and legislators to voice their concerns, which it shall use to make policy recommendations to the General Assembly, to the Governor, to Vermont's congressional delegation, or to the trade representatives of the United States government. Recommendations shall be designed to protect Vermont's job and business environment, and State sovereignty from any negative impacts of trade agreements.

(3) It may recommend legislation or preferred practices and shall work with interested groups in other states to develop means to resolve the conflicting goals and tension inherent in the relationship between international trade and State sovereignty.

(4) As provided for in 9 V.S.A. chapter 111A, the Commission shall consider and develop formal recommendations with respect to how the State should best respond to challenges and opportunities posed by a particular International Agreement.

(d) Reporting. The Commission shall submit an annual report, which shall be prepared by the Secretary of Commerce and Community Development, to the House Committee on Commerce and Economic Development, the Senate Committee on Economic Development, Housing and General Affairs, the Governor, and Vermont's congressional delegation. The report shall contain information acquired pursuant to activities carried out under subsection (c) of this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(e) Staff services. The Commission shall be entitled to staff services of the Agency of Commerce and Community Development, the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.

(f) Per diem. For attendance at a meeting when the General Assembly is not in session, legislative members of the Commission shall be entitled to the same per diem compensation and reimbursement for actual and necessary expenses as provided members of standing committees under 2 V.S.A. § 23. Except for members employed by the State, members of the Commission shall be entitled to the same per diem compensation as provided under 32 V.S.A. § 1010(a) and mileage reimbursement as provided under 32 V.S.A. § 1267.
3 V.S.A. § 211 — VT Code / Title 3 / Chapter 9 / Section 211
§ 211. Construction
Status: in_force

Nothing in this chapter shall be construed to give to the head of any department any authority over the judicial or quasi-judicial acts or duties of any officer in his or her department.
3 V.S.A. § 921 — VT Code / Title 3 / Chapter 27 / Section 921
§ 921. Creation; membership; compensation
Status: in_force

(a) There is hereby created a State Labor Relations Board composed of six members. The Governor shall appoint the members with the advice and consent of the Senate for a term of six years or for the member's unexpired term from a list of nominees presented by the Labor Board Review Panel. The appointments shall be made within 60 days of an expired term or vacancy.

(1) The Labor Board Review Panel shall be composed of five members to include the executive director of the Vermont Bar Association, the Commissioner of Labor, the State Court Administrator, and a representative of labor and a representative of employers, both of whom shall be appointed for two-year terms by the Commissioner of Labor from names provided by labor organizations and employers in the State. The Commissioner shall request names of potential representatives of labor and employers from at least three Vermont labor organizations and three Vermont employer organizations, respectively.

(2) The Labor Board Review Panel shall:

(A) At least 90 days prior to the expiration of a term or as soon as a vacancy is announced or created, request from both Vermont labor organizations and Vermont employer organizations, over which the Board has jurisdiction for dispute adjudication, and from organizations that train or employ persons to serve in a neutral role in labor management relations a list of nominees for each position that is to be filled. The Review Panel shall issue public notices of vacancies on the Board. An individual may apply for consideration as a nominee for a vacant Board position.

(B)(i) Consider the experience, knowledge, character, integrity, judgment, and ability to act in a fair and impartial manner of each nominee in compiling a list of nominees for Board membership. The Review Panel shall consider the skills, perspectives, and experience of the nominees and ensure a continuing balance on the Board of labor, management, and neutral backgrounds in determining those nominees qualified to be forwarded to the Governor under subdivision (C) of this subdivision (2).

(ii) For each individual that the Panel is considering forwarding to the Governor under subdivision (C) of this subdivision (2), the Panel shall interview the individual and contact at least one individual who can serve as a reference for the individual under consideration.

(iii) “Nominees with neutral backgrounds” means individuals in high standing not connected with any labor organization or management position and who can be reasonably considered to be able to serve as an impartial individual.

(C) Submit to the Governor a list of nominees whom the Panel has determined to be qualified for membership on the Board, from which the Governor shall appoint the members for unexpired terms or to fill vacancies. The Governor may request additional names from the Panel.

(3) To be eligible for appointment to the Board an individual shall be a citizen of the United States and resident of the State of Vermont for one year immediately preceding appointment. A member of the Board may not hold any other State office.

(4) Each case that comes before the Board for a hearing shall be heard and decided by a panel of three or five members appointed by the Board Chair. Two members of a three-member panel and three members of a five-member panel shall constitute a quorum with authority to conduct a hearing, provided that all members of the panel shall review the record and participate in the panel's decision. The Board may review a proposed decision by a panel prior to its issuance for the sole purpose of insuring that questions of law are being decided in a consistent manner.

(b) The Board shall elect a chair from its members every two years.

(c) The Board may not be attached to any State department or agency and shall operate independently.

(d) The members of the Board, except the Chair or the chair of a Board panel, shall be entitled to compensation of $125.00 a day for time spent in the performance of their duties. The Chair or the chair of a Board panel shall be entitled to compensation in the amount of $175.00 a day for time spent in the performance of his or her duties. The members, including the Chair, shall be reimbursed for their necessary expenses incurred in the performance of their duties.

(e) The Board may not issue orders for the implementation of which the Legislature has not appropriated adequate funds.
3 V.S.A. § 1203d — VT Code / Title 3 / Chapter 31 / Section 1203d
§ 1203d. Misuse of position
Status: in_force

A public servant shall not use the public servant's official position for personal or financial gain.
3 V.S.A. § 3102 — VT Code / Title 3 / Chapter 55 / Section 3102
§ 3102. Composition of Agency
Status: in_force

An Agency is created consisting of the following former departments:

(1) the Department of Aeronautics;

(2) the Department of Highways;

(3) the Department of Motor Vehicles; and

(4) the Department of Bus, Rail, Waterways and Motor Carrier Services.
3 V.S.A. § 806 — VT Code / Title 3 / Chapter 25 / Section 806
§ 806. Procedure to request adoption of rules or procedures; guidance documents
Status: in_force

(a) A person may submit a written request to an agency asking the agency to adopt, amend, or repeal a procedure or rule. Within 30 days after receiving the request, the agency shall initiate rulemaking proceedings; shall adopt, amend, or repeal the procedure; or shall deny the request, giving its reasons in writing.

(b) A person may submit a written request to an agency asking the agency to adopt a guidance document as a rule or to amend or repeal the guidance document. Within 30 days after receiving the request, the agency shall initiate rulemaking proceedings; shall amend or repeal the guidance document; or shall deny the request, giving its reasons in writing.
3 V.S.A. § 2290 — VT Code / Title 3 / Chapter 45 / Section 2290
§ 2290. Compensation of members of boards and commissions
Status: in_force

The members of boards and commissions in the Agency of Administration, except those members serving ex officio or otherwise receiving compensation for service to the State in other capacities for the time spent in serving on the board or committee, shall be compensated as provided in 32 V.S.A. § 1010.
3 V.S.A. § 2471 — VT Code / Title 3 / Chapter 47 / Section 2471
§ 2471. Department of Economic Development
Status: in_force

The Department of Economic Development is created within the Agency of Commerce and Community Development as the successor to and the continuation of the Department of Development.
3 V.S.A. § 2806 — VT Code / Title 3 / Chapter 51 / Section 2806
§ 2806. Barnwell Potential Liability Fund
Status: in_force

(a) There is hereby created a Barnwell Potential Liability Fund in the State Treasury. The Fund shall be separately maintained and accounted for by the State Treasurer and administered by the Agency of Natural Resources. Expenditures from the Fund shall be made after obtaining approval of the Attorney General, for the purpose of paying:

(1) any final determinations of liability, or negotiated settlements, on the part of the State or of any agency, subdivision, or entity of the State, arising out of activities under any interstate agreement, relating to the Southeast Compact Commission's regional facility in Barnwell County, South Carolina, ratified, adopted, or approved according to the requirements of 1990 Acts and Resolves No. 296, Sec. 2; and

(2) any costs of the State or of any agency, subdivision, or entity of the State, related to the process of determining liability or the process of arriving at a negotiated settlement.

(b) All interest earned by the Fund shall remain in the Fund and shall not revert to the General Fund.

(c) The Fund shall be in the form of cash sufficient to provide protection to the State in the amount of $50,000.00 in 1994 dollars. The monies shall be provided by no later than January 1, 2012, or six months prior to the time the largest generator ceases to exist, whichever comes first, by the generators of low-level radioactive waste who are authorized to use the Barnwell facility under the contract for access, approved by the General Assembly for the period from January 1, 1993 through June 30, 1994, in proportion to the amounts of waste to be disposed of at the facility during the term of the interstate agreement. If the Secretary determines that the level of protection provided under this section is not adequate, the Secretary shall make appropriate recommendations to the General Assembly.
3 V.S.A. § 2515 — VT Code / Title 3 / Chapter 47 / Section 2515
§ 2515. Failure to give notice
Status: in_force

If the agency or department finds that a business has failed to give notice pursuant to section 2512 of this title, it shall take action under section 2513 of this title as if the business had given notice.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 15 / Section 6
§ 15-6. Exec. Order No. 15-6 (No. 07-00) [Domestic Violence and the Workplace]
Status: in_force

Expired by its own terms, effective October 2003.
3APPENDIX V.S.A. § 38 — VT Code / Title 3APPENDIX / Chapter 10 / Section 38
§ 10-38. Exec. Order No. 10-38 (No. 05-11) [Governor's Climate Cabinet]
Status: in_force

Superseded and replaced by Executive Order No. 10-40 (codified as Executive Order No. 15-12), dated December 28, 2012.
3 V.S.A. § 1026 — VT Code / Title 3 / Chapter 28 / Section 1026
§ 1026. Employers
Status: in_force

It shall be an unfair labor practice for an employer:

(1) to interfere with, restrain, or coerce employees in the exercise of rights guaranteed by section 1012 of this title or by any other law;

(2) to dominate or interfere with the formation or administration of an employee organization or contribute financial or other support to it. However, an employer may confer with employees during working hours without loss of time or pay;

(3) to discriminate in hiring or tenure of employment or in regard to any term or condition of employment to encourage or discourage membership in any employee organization;

(4) to discharge or otherwise discriminate against an employee because the employee filed a charge or complaint or gave testimony under this chapter;

(5) to refuse to bargain collectively with a representative of its employees;

(6) to discriminate against an employee on account of race, color, creed, sex, sexual orientation, gender identity, national origin, age, religion, or disability;

(7) to request or require an applicant, prospective employee, or employee to have an HIV-related blood test as a condition of employment; or

(8) to discriminate against an applicant, prospective employee, or employee on the basis of a person's having a positive test result from an HIV-related blood test.
3APPENDIX V.S.A. § 11 — VT Code / Title 3APPENDIX / Chapter 33 / Section 11
§ 33-11. Exec. Order No. 33-11 (No. 18-03) [Vermont Interagency Council on Homelessness]
Status: in_force

Superseded and replaced by Executive Order No. 33-15 (codified as Executive Order No. 06-05), dated August 31, 2006.
3 V.S.A. § 3081 — VT Code / Title 3 / Chapter 53 / Section 3081
§ 3081. Department of Corrections
Status: in_force

The Department of Corrections is created within the Agency of Human Services as the successor to and the continuation of the Department of Corrections.
3 V.S.A. § 3305 — VT Code / Title 3 / Chapter 56 / Section 3305
§ 3305. Automated decision system; State procurement; inventory
Status: in_force

(a) Definitions. As used in this section:

(1) “Algorithm” means a computerized procedure consisting of a set of steps used to accomplish a determined task.

(2) “Automated decision system” means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analytics to make or support government decisions, judgments, or conclusions.

(3) “Automated final decision system” means an automated decision system that makes final decisions, judgments, or conclusions without human intervention.

(4) “Automated support decision system” means an automated decision system that provides information to inform the final decision, judgment, or conclusion of a human decision maker.

(5) “State government” has the same meaning as in section 3301 of this chapter.

(b) Inventory. The Agency of Digital Services shall conduct a review and make an inventory of all automated decision systems that are being developed, employed, or procured by State government. The inventory shall include the following for each automated decision system:

(1) the automated decision system's name and vendor;

(2) a description of the automated decision system's general capabilities, including:

(A) reasonably foreseeable capabilities outside the scope of the agency's proposed use; and

(B) whether the automated decision system is used or may be used for independent decision-making powers and the impact of those decisions on Vermont residents;

(3) the type or types of data inputs that the technology uses; how that data is generated, collected, and processed; and the type or types of data the automated decision system is reasonably likely to generate;

(4) whether the automated decision system has been tested for bias by an independent third party, has a known bias, or is untested for bias;

(5) a description of the purpose and proposed use of the automated decision system, including:

(A) what decision or decisions it will be used to make or support;

(B) whether it is an automated final decision system or automated support decision system; and

(C) its intended benefits, including any data or research relevant to the outcome of those results;

(6) how automated decision system data is securely stored and processed and whether an agency intends to share access to the automated decision system or the data from that automated decision system with any other entity, which entity, and why; and

(7) a description of the IT fiscal impacts of the automated decision system, including:

(A) initial acquisition costs and ongoing operating costs, such as maintenance, licensing, personnel, legal compliance, use auditing, data retention, and security costs;

(B) any cost savings that would be achieved through the use of the technology; and

(C) any current or potential sources of funding, including any subsidies or free products being offered by vendors or governmental entities.
3APPENDIX V.S.A. § 67 — VT Code / Title 3APPENDIX / Chapter 3 / Section 67
§ 3-67. Exec. Order No. 3-67 (No. 03-15) [Ban the Box Hiring Policy]
Status: in_force

WHEREAS, Vermonters with criminal records suffer from discrimination in many areas of life, including employment opportunities;

WHEREAS, state government is committed to modeling fair hiring practices for all Vermont employers;

WHEREAS, too many Vermonters with criminal records are unable to successfully re-enter their communities due to lack of employment and self-sufficiency;

WHEREAS, Vermonters with criminal records represent a workforce with skills to contribute and a desire to add value to their communities;

WHEREAS, studies indicate that stable employment is one of the best predictors of post-conviction success;

WHEREAS, employment of those with criminal records promotes public safety and cost-containment by significantly reducing the risk of recidivism and incarceration;

WHEREAS, a “ban the box” hiring policy increases the opportunity of applicants with criminal records to explain their circumstances while preserving employers' ability to ultimately conduct a criminal background check as part of the hiring process;

WHEREAS, such a policy removes questions related to a job applicant's criminal record in the initial stage of many employment applications, thereby preventing the conviction from serving as an immediate reason for screening out an applicant when the conviction may have little or no bearing on the work to be performed;

WHEREAS, states across the country have adopted hiring practices to remove unfair barriers to employment of people with criminal records; and

WHEREAS, the U.S. Equal Employment Opportunity Commission, to maximize compliance with federal anti-discrimination law, recommends delaying inquiry of a job applicant's conviction history and considering the job-relatedness of the conviction.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as the Governor of the State of Vermont, do hereby order and direct that the Department of Human Resources create and implement a “ban the box” hiring policy that encourages job applications from all motivated, hardworking, and otherwise qualified people, regardless of a person's criminal record. Such a policy shall provide qualified applicants the opportunity to explain a criminal record when applying for state positions, but shall not affect positions for which a criminal conviction makes a candidate ineligible regardless of the circumstances.

This Executive Order shall take effect upon signing.

Dated April 21, 2015
3 V.S.A. § 263 — VT Code / Title 3 / Chapter 11 / Section 263
§ 263. Employees entering armed forces
Status: in_force

(a) A person in the permanent employ of the State of Vermont who is or has been inducted or ordered into the active service of the U.S. Armed Forces or who voluntarily enlists or was enlisted in such service in time of war or national emergency, or who is ordered to active duty as a member of a reserve component of the U.S. Armed Forces and thus for any of these causes leaves a permanent position, shall be restored to the position or to a position of like seniority, status, and class, or the nearest approximation as the person would have had if the person had been continually employed by the State, provided such person:

(1) terminates service or active duty with the U.S. Armed Forces at the conclusion of the person's initial period of service or tour of duty, together with involuntary extensions of service or tour of duty, and furnishes a certificate or other valid evidence of satisfactory completion of military service;

(2) is still qualified to perform the duties of the person's position with the State; and

(3) makes application for reemployment within 90 days after being relieved of military service.

(b) If a person returning to a position in State employment under the provisions of subsection (a) of this section is not qualified to perform the duties of the position by reason of disability sustained during such service but is qualified to perform the duties of some other position in the employ of the State that is vacant, the person shall be assigned to another position so as to provide the person with the same seniority, status, and class, or the nearest approximation as the person would have had if the person had been continuously employed by the State.

(c) The words permanent employment shall not be construed as including any position that is elective or appointive where a term of office has expired.
3 V.S.A. § 1204 — VT Code / Title 3 / Chapter 31 / Section 1204
§ 1204. Whistleblower protections for ethics complaints
Status: in_force

Consistent with sections 971–978 of this title, a public servant shall be free to disclose waste, fraud, abuse of authority, violations of law, or violations of this or other applicable codes regarding ethical conduct to the State Ethics Commission without fear of reprisal, intimidation, or retaliation.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 19 / Section 4
§ 19-4. Exec. Order No. 19-4 (No. 02-03) [Governor's Highway Safety Program]
Status: in_force

Superseded by Executive Order No. 19-5 (codified as Executive Order No. 02-15), dated March 20, 2015.
3APPENDIX V.S.A. § 26 — VT Code / Title 3APPENDIX / Chapter 20 / Section 26
§ 20-26. Exec. Order No. 20-26 (No. 10-01) [Reconstitution of the Vermont Terrorism Task Force]
Status: in_force

Superseded by Executive Order No. 01-03 (codified as Executive Order No. 20-29), dated February 20, 2003.
3APPENDIX V.S.A. § 17 — VT Code / Title 3APPENDIX / Chapter 29 / Section 17
§ 29-17. Exec. Order No. 29-17 (No. 64-88) [Transfer of Lands in Towns of Concord, Chester and Hardwick From Agency of Transportation to Agency of Natural Resources, Department of Fish and Wildlife]
Status: in_force

WHEREAS, it appears that certain lands hereinafter described and located in the Town of Concord, County of Essex, and State of Vermont, Town of Chester, County of Windsor, and State of Vermont, and Town of Hardwick, County of Caledonia and State of Vermont and all presently under the jurisdiction and control of the Agency of Transportation and are no longer necessary for Agency of Transportation purposes; and

WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife desires the transfer of said hereinafter described land for the purpose of enhancing already existing recreational facilities;

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over from the Agency of Transportation to the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife for the aforesaid purpose the following described lands, to wit:

Parcel #1—Town of Concord

Being part of the same land and premises conveyed to State of Vermont by Curtis A. Lanpher by Warranty Deed dated November 1, 1956, and recorded in Book 37, Page 223 of the Town of Concord Land Records, and being more particularly described as follows:

Beginning at a point 100 feet distant northwesterly at right angle from approximate survey station 201 + 03 of the established centerline (established centerline hereinafter referred to as said CL) of Highway Project Concord F 208-4 (1);

thence 1,155 feet, more or less, northeasterly along the Moose River to a point 350 feet distant northwesterly at right angle from approximate survey station 209 + 50 of said CL;

thence 250 feet, more or less, southeasterly to a point, 100 feet distant, northwesterly at right angle from approximate survey station 209 + 50 of said CL;

thence 820 feet, more or less, southwesterly to the point of beginning.

The above described parcel of land consisting of 2.5 acres, more or less, as shown on the attached plat entitled “State of Vermont, Agency of Transportation, Town of Concord” dated January 19, 1988, and labeled “Exhibit A.”

Excepting and reserving from this conveyance the right of the State of Vermont, Agency of Transportation to enter upon land of the State of Vermont, Agency of Natural Resources, Department of Fish and Wildlife to maintain two (2) culverts. The first running under existing U.S. Route #2 and through the above described parcel of land to the Moose River and located at or near and left of approximate survey station 203 + 99, more or less, of the established centerline of Highway Project Concord F 028-4 (1), and the second running under existing U.S. Route #2 onto the above described parcel of land and located at or near and left of approximate survey station 208 + 99 of the aforesaid established centerline, as shown on the attached plat labeled “Exhibit A.”

Parcel #2—Town of Chester

Being part of the same land and premises conveyed to the State of Vermont by Henry J. Chapman and Jennie W. Chapman by Condemnation Order dated October 11, 1969, and recorded in Book 39, Page 460 of the Town of Chester Land Records, and being more particularly described as follows:

Beginning at a point in the Williams River 150 feet distant northwesterly at right angle from approximate survey station 45 + 90 of the established centerline (established centerline hereinafter referred to as said CL) of Highway Project Chester F 025-1 (8);

thence 1,130 feet, more or less, northerly and northeasterly along the railroad right-of-way to a point 470 feet distant southwesterly radially from approximate survey station 61 + 65 of said CL;

thence 350 feet, more or less, northeasterly to a point, 90 feet distant southwesterly radially from approximate survey station 62 + 25 of said CL;

thence 890 feet, more or less, southerly and southwesterly and parallel to said CL to a point 90 feet distant northwesterly radially from approximate survey station 52 + 50 of said CL;

thence 642 feet, more or less, southwesterly to the point of beginning.

The above described parcel of land consists of 8.1 acres, more or less, as shown on the attached plat entitled “State of Vermont, Agency of Transportation, Town of Chester,” and dated January 25, 1988, and labeled “Exhibit B.”

Parcel #3—Town of Hardwick

Being all of the same land and premises conveyed to the State of Vermont by Carl Loura and Daisy G. Loura by Warranty Deed dated August 7, 1933, and recorded in Book 36, Page 354 of the Town of Hardwick Land Records, and being more particularly described as follows:

Beginning at a point 24.75 feet distant southeasterly at right angle from approximate survey station 77 + 12 of the established centerline (established centerline hereinafter referred to as said CL) of Highway Project Hardwick S 8 (2), thence 309.4 feet, more or less, S 66°45′30″ E to a point, thence 368.1 feet, more or less, S 24°19′30″ W to a point, thence 319.2 feet, more or less, S 26°07′ W to a point, thence 366.6 feet, more or less, S 24°35′ W to a point, thence 156 feet, more or less, N 71°51′30″ W to a point, thence 27 feet, more or less, N 62°24′30″ W to a point 24.75 feet distant southeasterly at right angle from approximate survey station 66 + 36 of the aforesaid established centerline, thence 1,076 feet, more or less, northeasterly and parallel to said CL to the point of beginning.

The above described parcel of land consists of 6.34 acres, more or less, as shown on the attached plat entitled “State of Vermont, Agency of Transportation, Town of Hardwick” dated February 17, 1988, and labeled “Exhibit C.”

Dated August 18, 1988.
3 V.S.A. § 3022a — VT Code / Title 3 / Chapter 53 / Section 3022a
§ 3022a. Improving grants management for results-based programs
Status: in_force

(a) The Secretary of Human Services shall compile a grants inventory using the Department of Finance and Management's master list of all grants awarded during the prior fiscal year by the Agency or any of its departments to any public and private entities. The inventory should reflect:

(1) the date and title of the grant;

(2) the amount of federal and State funds committed during the prior fiscal year;

(3) a summary description of each grant;

(4) the recipient of the grant;

(5) the department responsible for making the award;

(6) the major Agency program served by the grant;

(7) the existence or nonexistence in the grant of performance measures;

(8) the scheduled expiration date of the grant;

(9) the number of people served by each grant;

(10) the length of time the entity has had the grant; and

(11) the indirect rate of the entity.

(b) Annually, on or before January 15, the Agency shall submit the inventory to the General Assembly in an electronic format.

(c) The Secretary of Human Services and the Chief Performance Officer shall report to the Government Accountability Committee in September of each year and to the House and Senate Committees on Appropriations annually, on or before January 15, regarding the progress of the Agency in improving grant management in regard to:

(1) compilation of the inventory required in subsection (a) of this section;

(2) establishing a drafting template to achieve common language and requirements for all grant agreements, to the extent that it does not conflict with Agency of Administration Bulletin 5 — Policy for Grant Issuance and Monitoring or federal requirements contained in 2 C.F.R. Chapter I, Chapter II, Part 200, including:

(A) a specific format covering expected goals and clear concise performance measures that demonstrate results and that are attached to each goal; and

(B) providing both community organizations and the Agency the same point of reference in assessing how the grantees are meeting expectations in terms of performance;

(3) executing Designated Agency Master Grant agreements using the new drafting template;

(4) executing grant agreements with other grantees using the new drafting template; and

(5) progress in improving the overall timeliness of executing agreements.
3APPENDIX V.S.A. § 89 — VT Code / Title 3APPENDIX / Chapter 3 / Section 89
§ 3-89. Exec. Order No. 3-89 (No. 09-19) [Vermont 2020 Complete Count Committee]
Status: in_force

WHEREAS, Article I, Section 2 of the United States Constitution requires the federal government to undertake a census every 10 years; and

WHEREAS, pursuant to Section 141 of Title 13 of the United States Code, the next federal census will be on April 1, 2020; and

WHEREAS, having a complete and accurate count of Vermont's population is essential for the fair representation of the citizenry in the U.S. Congress, the State of Vermont legislature and the legislative bodies of local government; and

WHEREAS, the results of the census are the foundation for many important decisions made by federal and state government, including the disbursement of billions of dollars of federal funds to states based on population; and

WHEREAS, the U.S. Census Bureau identifies particular groups of residents as “hard-to-count” populations that have traditionally been undercounted in the decennial census process, including but not limited to:

• young children;

• highly mobile persons;

• racial and ethnic minorities;

• non-English speakers;

• low income persons;

• persons experiencing homelessness;

• undocumented immigrants;

• persons who distrust the government;

• LGBTQ persons;

• persons with mental or physical disabilities;

• persons who do not live in traditional housing; and

WHEREAS, it is critically important that census outreach and education efforts focus on reaching these hard-to-count populations to ensure the results of the 2020 Census are as accurate as possible; and

WHEREAS, it will take the collaboration of community leaders, non-profit organizations, local government, legislative leaders and the Governor of the State of Vermont to raise public awareness of the importance of the 2020 Census and to find ways to support census data-collection efforts; and

WHEREAS, the U.S. Census Bureau recommends each state create a State Complete Count Committee with the goals of heightening awareness about the 2020 Census and encouraging residents to participate.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby order and direct the creation of the “Vermont 2020 Complete Count Committee” which shall be constituted as set forth below:

I. Composition and Appointments.

The Vermont 2020 Complete Count Committee shall consist of not more than 30 members to be appointed by the Governor. Governmental members shall include:

1. Secretary of the Agency of Administration, or designee;

2. Secretary of the Agency of Commerce and Community Development, or designee;

3. Secretary of the Agency of Digital Services or designee;

4. Secretary of the Agency of Education, or designee;

5. Secretary of the Agency of Agriculture, Food and Markets, or designee;

6. Secretary of the Agency of Human Services, or designee;

7. Commissioner of the Department for Children and Families, or designee;

8. Commissioner of the Department of Health, or designee;

9. Commissioner of the Department of Labor, or designee;

10. Vermont State Data Center Coordinator;

11. Vermont Secretary of State, or designee;

12. With the consent of the Vermont Senate, no more than two members to be appointed by the Committee on Committees;

13. With the consent of the Vermont House of Representatives, no more than two members to be appointed by the Speaker of the House; and

The remaining appointments to the Committee shall be broadly representative of the following sectors:

1. Municipal government, including at least one community with low interest access;

2. Community Action Agencies;

3. Minority, immigrant and refugee communities;

4. Homeless shelter providers;

5. Youth-focused or child advocacy organizations;

6. Education;

7. Senior citizens;

8. The LGBTQ community;

9. Charitable foundations, community foundations, or faith-based organizations;

10. The health care community;

11. Local business and economic development; and

12. Media/public relations.

In making appointments, the Governor shall make efforts to ensure diverse geographic, cultural, ethnic and gender representation on the Committee.

II. Charge.

The Committee shall identify barriers that may impede the full participation of Vermonters in the 2020 Census and shall develop, recommend and assist in the administration of an outreach action plan designed to overcome these barriers and to ensure as complete a count as possible of Vermont's population in the 2020 Census.

The census outreach strategy shall include, but not be limited to, state agency initiatives to encourage participation in the 2020 Census, the establishment and support of school-based outreach programs, partnerships with non-profit community-based organizations, and a multi-lingual, multi-media campaign designed to ensure an accurate and complete count of Vermont's population.

The Committee shall collaborate and coordinate with the United States Bureau of the Census and any other groups in the State needed to carry out Vermont's outreach strategy.

The Committee shall endeavor to provide resources and referrals to people in the “hard-to-count” groups, such as housing placement opportunities for persons experiencing homelessness and access to legal resources for undocumented immigrants.

The first meeting of the Committee shall occur no later than the first week of December 2019.

III. Process.

The Chair of the Committee shall be appointed by the Governor.

The Committee shall meet at the call of its Chair.

The Agency of Commerce and Community Development shall provide administrative support to the Committee.

To assist in carrying out its duties, the Committee may create and appoint subcommittees as it deems appropriate and shall solicit participation from relevant experts and practitioners involved in census issues.

Members of the Committee shall serve terms that expire December 31, 2020. Vacancies in the committee shall be filled in like manner as the original appointment. All departments and agencies of the state government shall furnish such advice and information, documentary and otherwise, to the Committee and its agents deemed necessary or desirable by the Committee to facilitate the purposes of this Executive Order.

IV. Expense Reimbursement.

I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for members who are not full-time State employees pursuant to 32 V.S.A. § 1010(e).

V. Effective Date. This Executive Order shall take effect upon execution and shall expire on December 31, 2020.

Dated November 14, 2019
3APPENDIX V.S.A. § 80 — VT Code / Title 3APPENDIX / Chapter 3 / Section 80
§ 3-80. Exec. Order No. 3-80 (No. 08-17) [Transfer of Property in Windsor from BGS to DFW]
Status: in_force

WHEREAS, certain State-owned land commonly known as the Windsor Prison Farm located in the Town of Windsor, County of Windsor, herein “the ‘Property,' ” is presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services (BGS); and

WHEREAS, BGS has no further use for the Property; and

WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife (DFW), desires the use of the Property for its purposes; and

WHEREAS, upon execution of the property transfer, DFW will be responsible for the maintenance costs, security, heating costs, electrical costs, snow removal, grounds maintenance, overall conditions. Payments in Lieu of Taxes, State historic preservation requirements and all other costs associated with the administration, ownership and management of the Property.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to DFW for its purposes, from the jurisdiction and control of BGS, the following land and premises, to wit:

Being collectively all the lands and premises conveyed to the State of Vermont by the following:

(1) quit claim deed of Joseph C. Parker et al. on December 22, 1894, which is recorded in the Windsor land records at Volume 30, Pages 403-404;

(2) warranty deed of Arthur W. Hunter and Julia E. Hunter on January 10, 1916, which is recorded in the Windsor land records at Volume 34, Page 83;

(3) warranty deed of William Dana on March 31, 1927, which is recorded in the Windsor land records at Volume 39, Page 46;

(4) quit claim deed of Lyman W. Cook on August 1, 1927, which is recorded in the Windsor land records at Volume 39, Page 280;

(5) warranty deed of Harvey F. Chase and Harriet Chase on September 30, 1927, which is recorded in the Windsor land records at Volume 39, Page 84;

(6) quit claim deed of William J. Herman et al. on November 25, 1927, which is recorded in the Windsor land records at Volume 39, Pages 521-523; and

(7) warranty deed of George B. Spence and Nellie S. Spence on November 6, 1935, which is recorded in the Windsor land records at Volume 47, Page 38.

Excepting from the above those lands and premises, comprising approximately 118.57 acres and including all buildings, appurtenances and improvements thereon, to be retained by BGS as designated in the attached survey plat entitled “State Prison Farm at Windsor” prepared by Robert W. Farnsworth and dated October 7, 2016.

This Executive Order supersedes and replaces Executive Order 08-15 (codified as 3-70). This Executive Order shall take effect upon execution.

Dated March 13, 2017
3APPENDIX V.S.A. § 23 — VT Code / Title 3APPENDIX / Chapter 18 / Section 23
§ 18-23. Exec. Order No. 18-23 (No. 05-21) [Decriminalized Buprenorphine Task Force]
Status: in_force

Signed June 1, 2021; expired by its own terms effective June 30, 2023.
3APPENDIX V.S.A. § 19 — VT Code / Title 3APPENDIX / Chapter 33 / Section 19
§ 33-19. Exec. Order No. 33-19 (No. 06-09) [Building Bright Futures: A Public/Private Partnership]
Status: in_force

Expired by its own terms, effective June 30, 2010.
3 V.S.A. § 221 — VT Code / Title 3 / Chapter 9 / Section 221
§ 221. Hearing officers; rules
Status: in_force

(a) The Secretary of Administration shall adopt a rule to establish guidelines and oversight for hearing officers in the Executive Branch. As used in this section, “hearing officer” means a person employed by the State of Vermont whose exclusive duty is to resolve contested cases when a decision of an Executive Branch agency is challenged.

(b) The rule adopted pursuant to this section shall include provisions addressing the following topics:

(1) The rule shall include ethical standards for hearing officers. The ethical standards:

(A) may be based on the Model Code of Judicial Conduct for State Administrative Law Judges developed by the National Association of Administrative Law Judiciary;

(B) shall be made readily accessible to the public and to parties in administrative proceedings; and

(C) shall include provisions related to bias, impartiality and the appearance of impartiality, conflicts of interest, recusal and disqualification, confidentiality, and ex parte communications.

(2) The rule shall require the agency or department that employs the hearing officer to designate procedures for the receipt, consideration, and determination of complaints about the conduct of hearing officers. The procedures shall be provided to all parties in the matter.

(3) The rule shall ensure that all parties in proceedings presided over by a hearing officer are provided with a copy of the rules of procedure that apply to the proceedings. The rules shall prominently and specifically describe any appeal rights a party has and the procedure for filing an appeal.
3 V.S.A. § 130 — VT Code / Title 3 / Chapter 5 / Section 130
§ 130. Provisional licensure
Status: in_force

(a) The Director may issue a 90-day provisional license to an individual who has completed an application for full licensure and:

(1) whose eligibility for licensure is contingent upon acceptable verification of licensure from another jurisdiction;

(2) whose eligibility for licensure is contingent upon completion of a background check; or

(3) who is an active-duty member of the U.S. Armed Forces assigned to duty in Vermont or the spouse of such a member.

(b) A provisional license shall be based on a voluntary agreement between the applicant and the Office to expedite the applicant's entry into the workforce, in which the applicant agrees to forgo the procedural rights associated with traditional licensure in exchange for a provisional license pending final determination of the license application.

(c) A provisional license shall only be issued to an applicant who can attest to material facts consistent with the requirements of full licensure, including the applicant's standing in other U.S. jurisdictions, criminal history, and disciplinary history. An individual to whom a provisional license is issued shall expressly agree that the Office may summarily withdraw the provisional license upon discovery of any inconsistency or inaccuracy in the application materials.

(d) An individual aggrieved by a denial or summary withdrawal of a provisional license issued under this section shall have as an exclusive remedy the right to have the individual's application for conventional licensure determined according to the usual process.

(e) The Director may extend a provisional license beyond the initial 90-day period if the reason for issuing the license, as set forth in subdivisions (a)(1)–(3) of this section, has not been resolved.
3 V.S.A. § 3085b — VT Code / Title 3 / Chapter 53 / Section 3085b
§ 3085b. Commission on Alzheimer's Disease and Related Disorders
Status: in_force

(a) The Commission on Alzheimer's Disease and Related Disorders is created.

(b) The Commission shall be composed of 21 members: the Commissioners of Disabilities, Aging, and Independent Living and of Health or designees, the Executive Director of Blueprint for Health or designee, one Senator chosen by the Senate Committee on Committees, one Representative chosen by the Speaker of the House, and 16 members appointed by the Governor. The members appointed by the Governor shall represent the following groups and organizations: physicians; social workers; hospitals and nursing home managers, including the administrators of the Vermont Veterans' Home; the clergy; adult day center providers; registered nurses; residential care home operators; family care providers; the home health agency; the legal profession; mental health service providers; the area agencies on aging; University of Vermont's Center on Aging; the Support and Services at Home (SASH) program; and the Alzheimer's Association. The members appointed by the Governor shall have direct expertise or experience working with or caring for individuals impacted by Alzheimer's disease and related disorders, expertise in clinical and medical research on Alzheimer's disease and related disorders, or knowledge of health systems and policies to equitably address Alzheimer's disease and related disorders and shall represent, to the degree possible, the five regions of the State.

(c) Eight of the members appointed by the Governor shall serve terms of two years and eight of the members shall serve terms of three years. Members shall serve until their successors are appointed. Members may serve more than one term.

(d)(1) For attendance at meetings during adjournment of the General Assembly, legislative members of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 2 V.S.A. § 23 for not more than four meetings.

(2) Members of the Commission who are not employees of the State of Vermont and who are not otherwise compensated or reimbursed for their attendance shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010 for not more than four meetings per year. Payment to the members shall be from the appropriation to the Department of Disabilities, Aging, and Independent Living.

(e) Annually, the Commission shall elect its chair and other officers from among its membership and meet upon the call of the Chair or a majority of its membership.

(f) The Commission shall advise State agencies on matters of State policy relating to Alzheimer's disease and other dementia-related disorders in Vermont for both the public and private sectors. The Commission shall:

(1) Evaluate the adequacy of existing services to individuals with Alzheimer's disease and other dementia-related disorders and their families and conduct studies to identify gaps in these services. These studies may include access to mental health-related services and support for services to families of individuals with Alzheimer's disease.

(2) Identify strategies and recommend resources to expand existing services.

(3) Review or participate in the development of laws, rules, and other governmental initiatives that may affect individuals with Alzheimer's disease and other dementia-related disorders, and their families.

(4) Provide advice regarding revisions, coordination of services, accountability, and appropriations.

(5) Support the development of expanded community recognition, understanding, and capacity to meet the needs of individuals with Alzheimer's disease and dementia-related disorders. This may include development of new technologies to improve access to information for caregivers and practitioners who provide services throughout the State and identification of new models of service and activities related to expansion of community access to information, education, and service.

(6) Advise and provide written comments to the Departments of Health and of Disabilities, Aging, and Independent Living regarding the development of the State Plan on Aging as it relates to Alzheimer's disease and dementia pursuant to 33 V.S.A. § 6206 and other relevant plans.

(g) The Department of Disabilities, Aging, and Independent Living shall provide the Commission with administrative support.

(h) Annually, on or before January 15, the Commission shall submit a written report to the House Committee on Human Services and to the Senate Committee on Health and Welfare with its findings and any recommendations for legislative action.
3 V.S.A. § 51 — VT Code / Title 3 / Chapter 3 / Section 51
§ 51. Seal
Status: in_force

The Secretary of Civil and Military Affairs shall have a seal of office upon which shall be the words: EXECUTIVE DEPARTMENT. VERMONT.
3 V.S.A. § 479a — VT Code / Title 3 / Chapter 16 / Section 479a
§ 479a. State Employees' Postemployment Benefits Trust Fund
Status: in_force

(a) Creation. A “State Employees' Postemployment Benefits Trust Fund” (Benefits Fund) is hereby created for the purpose of accumulating and providing reserves to support retiree postemployment benefits for members, and to make distributions from the Benefits Fund for current and future postemployment benefits for retirees of the Vermont State Employees' Retirement System, excluding pensions and benefits otherwise appropriated by statute and for the payment of reasonable and proper expenses of administering the Benefits Fund and related benefit plans. The Benefits Fund shall not be part of the Retirement System but is intended to comply with and be a tax-exempt governmental trust under Section 115 of the Internal Revenue Code of 1986, as amended.

(b) Deposits into the Fund. Into the Benefits Fund shall be deposited:

(1) all assets remitted to the State as a subsidy on behalf of the members of the Vermont State Employees' Retirement System for employer-sponsored qualified prescription drug plans pursuant to the Medicare Prescription Drug Improvement and Modernization Act of 2003, except that any subsidy received from an Employer Group Waiver Program is not subject to this requirement;

(2) any appropriations by the General Assembly for the purposes of paying current and future retiree postemployment benefits for members of the Vermont State Employees' Retirement System;

(3) amounts contributed or otherwise made available by members of the System or their beneficiaries for the purpose of paying current or future postemployment benefits costs; and

(4) any monies pursuant to subsection (e) of this section.

(c) Administration. The Benefits Fund shall be administered by the State Treasurer. The Treasurer may invest monies in the Benefits Fund in accordance with the provisions of 32 V.S.A. § 434 or, in the alternative, may enter into an agreement with the Commission to invest such monies in accordance with the standards of care established by the prudent investor rule under 14A V.S.A. § 902, in a manner similar to the Commission's investment of retirement system monies. All balances in the Benefits Fund at the end of the fiscal year shall be carried forward. Interest earned shall remain in the Benefits Fund. The Treasurer's annual financial report to the Governor and the General Assembly shall contain an accounting of receipts, disbursements, and earnings of the Benefits Fund.

(d) Held in trust. All funds of the Benefits Fund shall be held in one or more trusts, custodial accounts treated as trusts, or a combination thereof. Contributions to the Benefits Fund shall be irrevocable, and it shall be impossible at any time prior to the satisfaction of all liabilities, with respect to employees and their beneficiaries, for any part of the corpus or income of the Benefits Fund to be used for or diverted to purposes other than the payment of retiree postemployment benefits to members and their beneficiaries and reasonable expenses of administering the Benefits Fund and related benefit plans.

(e) State Contribution.

(1) Beginning on July 1, 2022 and annually thereafter, the State shall make annual contributions to the Benefits Fund known as the “normal contribution” and the “accrued liability contribution,” each of which shall be fixed on the basis of the liabilities of the System as shown by the most recent actuarial valuation and made by the payroll assessment included in annual agency and department budgets:

(A) The “normal contribution” shall be the amount that, if contributed over each member's prospective period of service, will be sufficient to provide for the payment of all future retiree postemployment benefits after subtracting the unfunded actuarial liability and the total assets of the Benefits Fund. The “normal contribution” shall be identified using the actuarial cost method known as “projected unit credit” and applying a rate of return equal to the most recently adopted actuarial rate of return pursuant to section 523 of this title.

(B) The “accrued liability contribution” shall be the annual payment set forth in the most recent actuarial valuation that is necessary to liquidate the unfunded accrued liability over a closed period of 26 years and determined based on the funding schedule set forth in this section.

(i) It is the policy of the State of Vermont to liquidate fully the unfunded accrued liability for the payment of retiree health and medical benefits.

(ii) Beginning on July 1, 2022, until the unfunded accrued liability is liquidated, the accrued liability contribution shall be the annual payment required to liquidate the unfunded accrued liability over a closed period of 26 years ending on June 30, 2048, provided that the amount of each annual basic accrued liability contribution shall be determined by amortization of the unfunded liability over the remainder of the closed 26-year period in installments.

(2) Any variation in the contribution of normal or accrued liability contributions from those recommended by the actuary and any actuarial gains and losses shall be added or subtracted to the unfunded accrued liability and amortized over the remainder of the closed 26-year period.

(3) The Board shall review annually the amount of State contributions recommended by the actuary. Based on this review, the Board shall determine the amount of State contribution necessary for the next fiscal year to achieve and preserve the financial integrity of the funds and certify a statement of the percentage of the payroll of all members sufficient to fund the normal cost and the accrued liability contribution. On or before December 15 of each year, the Board shall inform the Governor and the House Committees on Government Operations and Military Affairs and on Appropriations and the Senate Committees on Government Operations and on Appropriations in writing about the amount needed. 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.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 6 / Section 3
§ 6-3. Exec. Order No. 6-3 (No. 10-00) [Governor's Council for Interstate Compacts]
Status: in_force

Expired effective December 31, 2003.
3 V.S.A. § 109 — VT Code / Title 3 / Chapter 5 / Section 109
§ 109. Laws and journals
Status: in_force

The Secretary shall procure one copy of the printed journal of each House of the General Assembly at each session thereof, one copy of the laws passed at such session, one copy of this and all subsequent revisions of the laws, immediately after the same are printed and published, and deposit the same in his or her office, which, with such laws and journals and revisions of the laws as are now in his or her office, shall be kept therein and shall not be taken therefrom unless by authority of law.
3APPENDIX V.S.A. § 9 — VT Code / Title 3APPENDIX / Chapter 32 / Section 9
§ 32-9. Exec. Order No. 32-9 (No. 14-11) [Private Activity Bond Advisory Committee]
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. § 132 — VT Code / Title 3 / Chapter 5 / Section 132
§ 132. Board quorums
Status: in_force

Except as otherwise provided by law, a majority of the members of a board constitutes a quorum for transacting business, and all action shall be taken upon a majority vote of board members present and voting.
3 V.S.A. § 136 — VT Code / Title 3 / Chapter 5 / Section 136
§ 136. Uniform continuing education evaluation and forum
Status: in_force

(a)(1) If continuing education is required by law or rule, the Office shall apply uniform standards and processes that apply to all professions regulated by the Office for the assessment and approval or rejection of continuing education offerings, informed by profession-specific policies developed in consultation with relevant boards and advisor appointees.

(2)(A) Not less than once every five years, each profession attached to the Office shall review its continuing education or other continuing competency requirements. The review results shall be in writing and address the following:

(i) the renewal requirements of the profession;

(ii) the renewal requirements in other jurisdictions, particularly in the Northeast region;

(iii) the cost of the renewal requirements for the profession's licensees;

(iv) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and

(v) recommendations to the Director on whether the continuing education or other continuing competency requirements should be modified.

(B) The Director shall respond to the profession within 45 days after its submitted review results. The Director may require a profession to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule.

(b) When completion of continuing education is required for renewal of a license regulated under this title, synchronous virtual continuing education courses shall qualify as live, in-person training and be accepted for renewal of the professional license.
3 V.S.A. § 2226 — VT Code / Title 3 / Chapter 45 / Section 2226
§ 2226. Public highways; conduit standards
Status: in_force

(a) Intent. The intent of this section is to provide for the construction of infrastructure sufficient to allow telecommunications service providers seeking to deploy communication lines in the future to do so by pulling the lines through the conduit and appurtenances installed pursuant to this section. This section is intended to require those constructing public highways, including State, municipal, and private developers, to provide and install such conduit and appurtenances as may be necessary to accommodate future telecommunications needs within public highways and rights-of-way without further excavation or disturbance.

(b) Study. On or before December 15, 2014, the Secretary of Administration, in consultation with the Commissioner of Public Service, the Secretary of Transportation, and the Vermont League of Cities and Towns, shall submit a report to the General Assembly on a “Dig Once Program” consistent with the intent of subsection (a) of this section. The study shall include findings and recommendations related to the installation of conduit and such vaults and other appurtenances as may be necessary to accommodate installation and connection of telecommunications lines within conduit during highway construction projects; construction standards with due consideration given to existing and anticipated technologies and industry standards; minimum diameter of the conduit and interducts to meet the requirements of this section; the party responsible for installation costs; the ownership and availability of the conduit; and any other matters the Secretary deems appropriate.
3 V.S.A. § 1023 — VT Code / Title 3 / Chapter 28 / Section 1023
§ 1023. Annual list of employees in bargaining unit
Status: in_force

(a) Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.

(b) The list shall include, as appropriate, each employee's name, work location, job classification, and contact information. As used in this section, “contact information” includes an employee's home address, personal email address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.

(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.

(d) The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 21 / Section 1
§ 21-1. Exec. Order No. 21-1 (No. 36-70) [Transfer of Funds and Responsibilities for Program of Day-Care Services for Children of Working Mothers and Guardians]
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. § 77 — VT Code / Title 3APPENDIX / Chapter 3 / Section 77
§ 3-77. Exec. Order No. 3-77 (No. 02-17) [Governor's Opiate Coordination Council]
Status: in_force

Superseded and replaced by Executive Order No. 3-81 (codified as Executive Order No. 09-17), dated May 8, 2017.
3 V.S.A. § 837 — VT Code / Title 3 / Chapter 25 / Section 837
§ 837. Prefiling
Status: in_force

Except for emergency rules, a rule shall be prefiled with the Interagency Committee on Administrative Rules 15 days before filing under section 838 of this title.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 9 / Section 1
§ 9-1. Exec. Order No. 9-1 (No. 100-91) [Vermont-Karelia Sister State Relationship]
Status: in_force

Rescinded by Executive Order No. 02-22 (codified as Executive Order No. 3-95), dated March 3, 2022.
3 V.S.A. § 3090 — VT Code / Title 3 / Chapter 53 / Section 3090
§ 3090. Human Services Board
Status: in_force

(a) The Human Services Board is created within the Agency of Human Services as the successor to and the continuation of the present Social Welfare Board. It consists of seven members. The Governor, with the advice and consent of the Senate, shall appoint members for terms of six years so that not more than three terms expire in the same biennium. The Governor shall designate the Board's Chair.

(b) The duties of the Board shall be to act as a Fair Hearing Board on appeals brought pursuant to section 3091 of this title.

(c) The Board shall hold meetings at times and places warned by the Chair on his or her own initiative or upon request of two Board members or the Governor. Four members shall constitute a quorum, except that three members shall constitute a quorum at any meeting upon the written authorization of the Chair issued in connection with that meeting.

(d) With the approval of the Governor the Board may appoint one or more hearing officers, who shall be outside the classified service, and it may employ such secretarial assistance as it deems necessary in the performance of its duties.

(e) On or before January 15 of each year, the Board shall report to the House Committees on Human Services and on Health Care and the Senate Committees on Appropriations and on Health and Welfare regarding the fair hearings conducted by the Board during the three preceding calendar years, including:

(1) the total number of fair hearings conducted over the three-year period and per year;

(2) the number of hearings per year involving appeals of decisions by the Agency itself and each department within the Agency, with the appeals and decisions relating to health insurance through the Vermont Health Benefit Exchange reported distinctly from other programs;

(3) the number of hearings per year based on appeals of decisions regarding:

(A) eligibility;

(B) benefits;

(C) coverage;

(D) financial assistance;

(E) child support; and

(F) other categories of appeals;

(4) the number of hearings per year based on appeals of decisions regarding each State program over which the Board has jurisdiction;

(5) the number of decisions per year made in favor of the appellant; and

(6) the number of decisions per year made in favor of the department or the Agency.
3APPENDIX V.S.A. § 7 — VT Code / Title 3APPENDIX / Chapter 5 / Section 7
§ 5-7. Exec. Order No. 5-7 (No. 13-11) [Vermont Rail Advisory Council]
Status: in_force

WHEREAS, Vermont has more than 700 miles of railroad trackage, much of which is underutilized at present; and

WHEREAS, rail transportation is the most energy-saving and cost-efficient, and climate-friendly mode of transportation, particularly for certain categories of freight traffic; and

WHEREAS, passenger rail service, appropriately planned, operated and marketed, provides an added modal option to Vermont residents and visitors, offering benefits to tourism and other segments of the Vermont economy; and

WHEREAS, investment of federal and state funds in Vermont's railroad infrastructure should be based on realistic planning and analysis; and

WHEREAS, the quality of decision making can be enhanced by providing a forum to bring together input and insight from many sectors of the Vermont economy, both private and public;

NOW, THEREFORE, BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish the Vermont Rail Advisory Council and designate its membership and duties as follows:

1. The Council shall be composed of not more than 15 persons appointed by the Governor, plus the Vermont Secretary of Transportation (or his/her designee from within the Agency of Transportation), who shall serve as Chair. Members may include representatives of privately owned railroads, designated operators on state-owned railroads, freight shippers, environmental and economic development organizations, regional chambers of commerce, regional planning commissions, the House and Senate transportation committees, travel and recreation organizations, and others whose knowledge and expertise may be deemed beneficial to the State's efforts to encourage rail use and development. To the extent that funds permit, members shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010. The Council is authorized to obtain administrative assistance from the Vermont Agency of Transportation, and the Secretary of Transportation is directed to provide such assistance as required. The council may have additional members, to be appointed by the Secretary of Transportation subject to the Governor's approval, who shall not vote or receive expense reimbursement or per diem but who may otherwise participate in Council business and assist in the Council's efforts.

2. The Council shall meet no less than four times a year, excluding meetings of subcommittees. By December 31st of each year, the Council shall make a report of its activities, findings and recommendations to the Governor.

3. The Council is charged with the following responsibilities:

A. The Council shall serve as an advisory group to the Agency of Transportation and to any consultants working for the Agency on statewide rail issues;

B. Working with the Agency of Transportation and affected railroads, the Council shall examine what steps state government can take to enhance rail freight service, both as such service relates to economic development and to relieving the burden of heavy truck traffic on Vermont highways;

C. The Council shall examine existing rail passenger services in Vermont, including possible extension, consolidation, enhancement, or rerouting of such services;

D. Working with the Agency of Transportation, affected municipalities, regional planning and development agencies, railroad owners/operators, and the travel industry, the Council shall examine the availability of attractive passenger station facilities, including availability of parking, public transportation and taxi services.

E. The Council shall serve as a forum for those interested in rail-related issues, including policy makers, municipalities, regional planning and economic development organizations, rail operators, rail shippers, rail passengers, and others; and

F. The Council shall encourage cooperative relationships between the Agency of Transportation and rail operators.

4. The terms of the members of the Council shall be for a period of two years, and appointments made and terms established pursuant to the predecessor executive order shall remain in place pursuant to this superseding executive order.

This Executive Order shall take effect upon execution and supersedes Executive Order 13-03 (codified as Executive Order No. 5-6).

Dated October 20, 2011.
3APPENDIX V.S.A. § 32 — VT Code / Title 3APPENDIX / Chapter 29 / Section 32
§ 29-32. Exec. Order No. 29-32 (No. 05-03) [Transfer of Land from Agency of Administration, Department of Buildings and General Services to Agency of Transportation in Waitsfield]
Status: in_force

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

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

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

Being all the same land and premises conveyed to the State of Vermont by Warranty Deed of Patrick J. Collins dated February 12, 1997 and recorded in Book 77, Pages 59-64 of the Waitsfield Land Records.

Being part of all and the same land and premises conveyed to Patrick J. Collins by Judgment and Decree of Foreclosure in the matter of Patrick J. Collins v. Robert C. Dowdell, Sandra L. Dowdell, Mariden Corporation d/b/a Solid Seal Systems, National Seal Company and Everett J. Prescott, Inc., Washington Superior Court, Docket No. 536-9-94 Wncvf dated March 20, 1995 and Certificate of Non-Redemption, in the above mentioned matter, dated April 28, 1995 and recorded May 3, 1995 in Book 10, Pages 645-650 of the Waitsfield Land Records.

The land and premises are further described as being part of all and the same land and premises conveyed to Robert C. Dowdell and Sandra L. Dowdell by Warranty Deed of Patrick J. Collins and Richard Mazzella dated September 4, 1987 and recorded in Book 53, Pages 493-494 of the Waitsfield Land Records.

The land and premises are further described as Lot #3 of Valley Park Subdivision as shown on a survey map entitled “Valley Park Subdivision” dated October 31, 1995 prepared by Gregory F. DuBois which survey is recorded on Slide #172 in the Waitsfield Land Records and more particularly described as follows:

Beginning at an iron rod found at the southwesterly corner of Lot #3, thence;

N 40° 31″ 25′ W 279.95 feet to a calculated point, thence;

N 50° 42″ 18′ E 27.09 feet to a calculated point, thence;

N 44° 32″ 06′ W 387.45 feet to a calculated point, thence;

N 41° 11″ 06′ E 26.79 feet to a calculated point, thence;

N 41° 11″ 06′ E 57.82 feet to a calculated point, thence;

N 19° 38″ 00′ E 316.68 feet to a calculated point, thence;

S 40° 54″ 00′ E 843.48 feet to an iron rod found, thence;

S 50° 42″ 21′ W 364.02 feet to the point of beginning.

There was included in said Warranty Deed of Patrick J. Collins dated February 12, 1997 and recorded in Book 77, Pages 59-64 of the Waitsfield Land Records a fifty foot wide right-of-way and easement in common over Lot 1 for the benefit of Lots 2 and 3 for all forms of transportation, utility and transmission purposes as shown on the above referenced survey map. Unless otherwise agreed, maintenance and repair of said right-of-way shall be shared equally.

Said conveyance of Patrick J. Collins includes a right-of-way and easement for a sewer line over Lot 1 and to an existing and approved common septic system located on Lot 1 to be shared by Lots l, 2 and 3 (Lot 2 subject to state and local approval). By acceptance of this deed, the lot owners herein agree to pay the costs of maintaining and repairing the common septic system and appurtenant facilities. The easements provided for herein shall be subject to all state permit requirements and neither the Grantors herein nor the Grantees herein nor their respective heirs, successors or assigns, shall do anything in the easement areas herein provided for, which shall in any way infringe upon the use of the land for the septic system herein provided for. The easement areas included herein shall include sufficient lands surrounding the septic system and appurtenant facilities so that necessary construction, maintenance and repair work can be carried out, all work to be done in a good and workmanlike manner. Access to the easement areas shall be over Lot 1 for any construction, maintenance or repair of the septic system easement areas and appurtenant facilities.

Maintenance of any common elements of the common septic system shall be shared equally by the users thereof. Lot owners shall be individually responsible for any portions and elements of said system which are not shared and are individually owned, and which shall be individually maintained.

Said conveyance of Patrick J. Collins includes an undivided one-third interest in an existing drilled well located on Lot 1 to be shared by Lots 1, 2 and 3 (Lot 2 subject to state and local approval) including waterline easements for the purpose of supplying an adequate water supply to Lot 3 to comply with the requirements of Water Supply and Wastewater Disposal Permit WW-5-0327 dated October 22, 1991 and any amendments thereto and Subdivision Permit EC-5-2534 dated July 12, 1995 and including the right to enter upon Lot 1 to construct and maintain Lot 3's portion of the water distribution system. The owner of Lot 1 shall be responsible for maintaining and repairing said well. Lot owners shall be individually responsible for any portions and elements of said system which are not shared and are individually owned, and which shall be individually maintained.

Also included in said conveyance of Patrick J. Collins is the replacement easement as contained in the Easement Deed of Robert C. Dowdell and Sandra L. Dowdell to Patrick J. Collins dated February l, 1995 and recorded February 16, 1995 in Book 71, Pages 269-271 of the Waitsfield Land Records for the benefit of Lots 1, 2 and 3.

Subject to Land Use Permit 5W0530 recorded April 22, 1979 in Book 33, Pages 296-297, 5W0530-1 recorded in Book 40, Pages 439-440, 5W0530-2 recorded in Book 61, Page 197-200, 5W0530-3 Revised recorded in Book 73, Page 44-46, 5W0530-5 recorded in Book 75, Page 492-494, Deferral of Permit DE-5-2917 recorded July 17, 1995 in Book 72, Pages 517-518, Water Supply and Wastewater Disposal Permits WW- 0629 recorded October 25, 1995 in Book 73, Page 355 and WW-5-0327 recorded October 25, 1995 in Book 73, Page 354 and SW-1-1215 recorded October 25, 1995 in Book 73, Pages 356-358, all in the Waitsfield Land Records. And also subject to Waitsfield Zoning Board of Adjustment Permit No. 2011.

Subject to and with the benefit of all rights, easements, restrictions and rights-of-way of record.

Reference is hereby made to the above-mentioned Deed, the Certificate of Non-Redemption and their records and to the Waitsfield Land Records for a more particular description of the land and premises.

This Executive Order shall take effect upon execution.

Dated June 16, 2003.
3 V.S.A. § 107 — VT Code / Title 3 / Chapter 5 / Section 107
§ 107. Legislative clerk
Status: in_force

The Secretary of State shall designate members of his or her staff as legislative clerks. The duties of legislative clerks shall be:

(1) to prepare a copy of the acts and resolutions for printing;

(2) to keep a register of lobbyists;

(3) to prepare and distribute certified copies of resolutions as directed by the General Assembly;

(4) to prepare index and tables of laws for the acts and resolves;

(5) to prepare a legislative directory containing appropriate matter by December 1 of each odd numbered year; and

(6) such other legislative duties as the Secretary shall assign.
3APPENDIX V.S.A. § 56 — VT Code / Title 3APPENDIX / Chapter 3 / Section 56
§ 3-56. Exec. Order No. 3-56 (No. 01-13) [Revocation of Executive Order 3-48 and Renaming the Department of Housing and Community Affairs the Department of Housing and Community Development]
Status: in_force

WHEREAS, the Governor, pursuant to 3 V.S.A. § 2001, may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, via Executive Order 3-48 (No. 1-09), Governor James H. Douglas, with the approval of the General Assembly pursuant to 3 V.S.A. § 2002, merged the Department of Housing and Community Affairs with the Department of Economic Development within the Agency of Commerce and Community Development; and

WHEREAS, the merger of these two departments with the Agency of Commerce and Community Development is no longer deemed to be in the best interest of the State;

NOW THEREFORE, I, Peter Shumlin, by the power vested in me as Governor, do revoke Executive Order 3-48 and rename the Department of Housing and Community Affairs the Department of Housing and Community Development.

This Executive Order shall take effect on April 12, 2013, or before final adjournment of the annual session, whichever comes first, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002. This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002(b).

Dated January 11, 2013.
3 V.S.A. § 3902 — VT Code / Title 3 / Chapter 59 / Section 3902
§ 3902. Office of Economic Opportunity
Status: in_force

(a) The Director of the Office of Economic Opportunity is hereby authorized to allocate available financial assistance for community services agencies and programs in accordance with State and federal law and regulation.

(b) The Director may provide financial assistance to community services agencies for the planning, conduct, administration, and evaluation of community service programs to provide a range of services and activities having a measurable and potentially major impact on causes of poverty in the community or in areas of the community where poverty is a particularly acute problem. Components of those services and activities may involve, without limitation of other activities and supporting facilities designed to assist low income participants:

(1) to secure and retain meaningful employment;

(2) to obtain adequate education;

(3) to make better use of available income;

(4) to provide and maintain adequate housing and a suitable living environment;

(5) to obtain services for the prevention of narcotics addiction, alcoholism, and for the rehabilitation of narcotic addicts and alcoholics;

(6) to obtain emergency assistance through loans and grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing, and unemployment-related assistance;

(7) to remove obstacles and solve personal and family problems that block achievement of self-sufficiency;

(8) to achieve greater participation in the affairs of the community;

(9) to make more frequent and effective use of other programs related to the purposes of this chapter;

(10) to coordinate and establish linkages between governmental and other social service programs to ensure the effective delivery of such services to low-income persons; and to encourage the use of entities in the private sector of the community in efforts to ameliorate poverty in the community.

(c) The Director is authorized to adopt rules pursuant to chapter 25 of this title appropriate to the carrying out of this chapter and its purposes.
3APPENDIX V.S.A. § 7 — VT Code / Title 3APPENDIX / Chapter 22 / Section 7
§ 22-7. Exec. Order No. 22-7 (No. 06-20) [Creation of the Vermont 250th Anniversary Commission] ** [Expires by it own terms on December 31, 2027 unless extended by the Governor.]
Status: in_force

[Expires by it own terms on December 31, 2027 unless extended by the Governor.]

WHEREAS, the year 2026 marks the 250th anniversary of the signing of the Declaration of Independence and the formation of the United States of America; and

WHEREAS, for the duration of the American Revolutionary War, between 1775 and 1783, Vermonters played a significant role in the Colonists' assertion for independence from Great Britain; and

WHEREAS, the successful assault by Vermont's Green Mountain Boys, under Ethan Allen at Fort Ticonderoga in May 1775, has been called the first offensive action by American forces during the Revolution; and

WHEREAS, the Battle of Valcour Island, considered the first naval battle of the Revolutionary War, was fought in October 1776 on Lake Champlain with Benedict Arnold commanding the American forces; and

WHEREAS, the extensive fortification of Mount Independence in Orwell was one of the largest American-built garrisons of the Revolutionary War, constructed in 1776-1777 to defend New England from the British; and

WHEREAS, the Battle of Hubbardton, fought on July 7, 1777, was the only Revolutionary War battle fought entirely on the soil of what would become the State of Vermont; although a British tactical victory, it was one of the most successful rear-guard actions in American history; and

WHEREAS, in August 1777, at the Battle of Bennington, Vermont troops helped defeat a British force, setting up victories at the Battles of Saratoga that are considered together to be a turning point of the war in favor of the Americans; and

WHEREAS, some historic places in Vermont related to our nation's fight for independence are designated as State-owned Historic Sites, including Hubbardton Battlefield, Mount Independence, and Bennington Battle Monument; and

WHEREAS, Vermonters and Vermont's communities, cultural institutions, historical societies, and state and local governments are proud partners in the remembrance of the events of the American Revolutionary War and those who fought so bravely for our country's independence; and

WHEREAS, to observe this momentous anniversary, the U.S. Congress established the U.S. Semiquincentennial Commission to encourage Americans to remember our past, celebrate the present, and look forward to a promising future.

NOW THEREFORE, BE IT RESOLVED, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby order as follows:

1. The Vermont 250th Anniversary Commission is hereby established to plan, encourage, develop, coordinate, and promote observances and activities to be held in Vermont in commemoration of the historic events that preceded and are associated with the 250th anniversary of the American Revolution in the State of Vermont, in celebration of our present and in anticipation of the promising future of our State.

2. The Vermont 250th Anniversary Commission shall be comprised of not more than 14 members to include the Commissioner of the Vermont Department of Tourism and Marketing; the State Historic Preservation Officer; the State Librarian; a representative of the Vermont Historical Society to be selected by their Board of Directors; a representative from the University of Vermont appointed by the UVM President; and nine members shall be appointed by the Governor representative of the geographic and racial diversity of the State, to include a Revolutionary War historian; a member of a Revolutionary War reenactment group; a representative of the Vermont Commission on Native American Affairs; and a representative of a Vermont history museum. The State Historic Preservation Officer shall serve as the Chair.

The Chair shall call the first meeting of the Commission to occur on or before March 1, 2021. The Commission shall meet at least quarterly.

3. The Commission shall coordinate, review, and promote programs and activities throughout the state relating to the American Revolutionary War, in particular Vermont's involvement therein, to deepen the knowledge and understanding of this formative period of American history and how it has shaped and continues to shape who we are as a people, a state and a nation.

4. The Commission may choose to designate one or more nonprofit entities for the purposes of soliciting and accepting private donations and public funds, grants, and donations in order to carry out the purposes of this Commission. Donated funds designated for this purpose shall only be disbursed upon recommendation by a majority of the Commission and finally approved by the Chair.

5. The Commission shall have the administrative, technical and legal support of the Agency of Commerce and Community Development, and assistance, as needed, of other State agencies and departments, boards, and commissions.

6. To the extent funding is available, each member of the Commission shall be entitled to per diem compensation pursuant to 32 V.S.A. § 1010.

This Executive Order shall take effect upon execution and expire on December 31, 2027 unless extended by the Governor.

Dated December 15, 2020.

Expired by its own terms, effective December 31, 2027.
3 V.S.A. § 479 — VT Code / Title 3 / Chapter 16 / Section 479
§ 479. Group insurance
Status: repealed

(a)(1) As provided under section 631 of this title, a member who is insured by the respective group insurance plans immediately preceding the member's effective date of retirement shall be entitled to continuation of group insurance as follows:

(A)(i) coverage in the group medical benefit plan provided by the State of Vermont for active State employees; or

(ii) for a Group F and Group G plan member first included in the membership of the system on or after July 1, 2008, coverage in the group medical benefit plan offered by the State of Vermont for active State employees and pursuant to the following, provided:

(I) a member who has completed five years and less than 10 years of creditable service at the member's retirement shall pay the full cost of the premium;

(II) a member who has completed 10 years and less than 15 years of creditable service at the member's retirement shall pay 60 percent of the cost of the premium;

(III) a member who has completed 15 years and less than 20 years of creditable service at the member's retirement shall pay 40 percent of the cost of the premium;

(IV) a member who has completed 20 years or more of creditable service at the member's retirement shall pay 20 percent of the cost of the premium; and

(B) members who have completed 20 years of creditable service at their effective date of retirement shall be entitled to the continuation of life insurance in the amount of $10,000.00.

(2) Notwithstanding any provision of subdivision (1)(A)(i) or (ii) of this subsection to the contrary, a member may be offered health coverage other than coverage in the group medical benefit plan provided by the State of Vermont for active State employees if the following conditions are met:

(A) the alternative health coverage is substantially equivalent to the coverage offered through the group medical benefit plan provided by the State of Vermont for active State employees; and

(B) the alternative health coverage is mutually agreeable to:

(i) the State;

(ii) each employee organization that has been certified to represent one or more bargaining units pursuant to chapters 27 and 28 of this title; and

(iii) the Vermont Retired State Employees' Association.

(b) As of July 1, 2007, members of the Group C plan who separate from service prior to being eligible for retirement benefits under this chapter, who have at least 20 years of creditable service, and who participated in the group medical benefit plan at the time of separation from service shall have a one-time option at the time retirement benefits commence to participate in the group medical benefit plan provided by the State of Vermont for active State employees or any alternative health coverage provided pursuant to subdivision (a)(2) of this section. Premiums for the plan shall be prorated between the retired member and the Retirement System pursuant to section 631 of this title.

(c) Premiums for coverage of retired members of the Group C plan and their dependents in the group medical benefit plan or any alternative health coverage provided pursuant to subdivision (a)(2) of this section shall be prorated on the same basis as is provided for active employees by the current collective bargaining agreement for the nonmanagement unit. The amounts designated as the State's share of premium for the medical benefit plan and the total premium for group life insurance provided under subdivision (a)(2) of this section shall be paid by the Fund as an operating expense in accordance with subsection 473(d) of this title.

(d) After January 1, 2007, the State Treasurer may offer and administer a dental benefit plan for retired members, beneficiaries, eligible dependents, and eligible retirees of special affiliated groups and the dependents of members of those groups who are eligible for coverage in the State Employee Group Medical Benefit Plan or any alternative health coverage provided pursuant to subdivision (a)(2) of this section. The Plan shall be separate and apart from any dental benefit plan offered to Vermont State employees. The original plan of benefits, and any changes thereto, shall be determined by the State Treasurer with due consideration of recommendations from the Retired Employees' Committee on Insurance established in section 636 of this title.

(1) For purposes of dental benefits, “retired members” shall include retired employees of the State who are receiving a retirement allowance from the Vermont State Retirement System. In addition, “retired members” shall include retired employees who are receiving a retirement allowance based upon their employment with the Vermont State Employees' Association, the Vermont State Employees' Credit Union, and the Vermont Council on the Arts, as long as they were covered under a group dental plan as active employees on their retirement date, and:

(A) they have at least 20 years' service with that employer; or

(B) have attained 62 years of age, and have at least 15 years' service with that employer.

(2) One hundred percent of the premiums for providing dental benefit coverage to retired members, beneficiaries, and eligible dependents shall be paid in full by retired members and beneficiaries and shall be deducted from each member's retirement allowance each month. Nothing in this subdivision creates a legal obligation on the part of the State to pay any portion of the premiums required to provide dental benefit coverage to retired members, dependents, beneficiaries, or other eligible participants.

(3) Dependent eligibility shall be determined in the manner applied to determinations for coverage in the State Employee Medical Benefit Plan or any alternative health coverage provided pursuant to subdivision (a)(2) of this section.

(4) [Repealed.]

(e) As of January 1, 2007, and thereafter, upon retirement, members entitled to prorated group medical benefit plan premium payments from the Retirement System under the terms of this section shall have a one-time option to reduce the percentage of premium payments from the Retirement System during the member's life, with the provision that the Fund shall continue making an equal percentage of premium payments after the member's death for the life of the dependent beneficiary nominated by the member under section 468 of this title, should such dependent beneficiary survive the member. The Retirement Board, after consultation with its actuary, shall establish reduced premium payment percentages that are as cost neutral to the Fund as possible.

(f) [Repealed.]

(g) A member of the Group F or Group G plan who is first included in the membership of the System on or after July 1, 2008, who separates from service prior to being eligible for retirement benefits under this chapter, who has at least 20 years of creditable service, and who participated in the group medical benefit plan at the time of separation from service shall have a one-time option at the time retirement benefits commence to reinstate the same level of coverage, in the group medical benefit plan provided by the State of Vermont for active State employees or any alternative health coverage provided pursuant to subdivision (a)(2) of this section, that existed at the date of separation from service. Premiums for the plan shall be prorated between the retired member and the Retirement System pursuant to subsection (a) of this section.

(h) For purposes of entitlement to medical benefits in retirement, former county court employees hired by the counties to court positions on or before June 30, 2008 who became State employees on February 1, 2011 pursuant to 2010 Acts and Resolves No. 154 shall be deemed to have been first included in membership of the system on or before June 30, 2008.
3 V.S.A. § 1203j — VT Code / Title 3 / Chapter 31 / Section 1203j
§ 1203j. Compliance with laws, rules, and policies
Status: in_force

A public servant shall comply with applicable State and federal laws and regulations, including anti-discrimination and equal opportunity laws, and comply with applicable governmental codes of conduct. A public servant shall comply with any other applicable rules or policies established by executive order, agency rule, or policy.
3 V.S.A. § 2252 — VT Code / Title 3 / Chapter 45 / Section 2252
§ 2252. Mandatory duties
Status: in_force

(a) The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.

(b) In addition to other duties imposed by law, the commissioner shall:

(1) administer the laws assigned to the department;

(2) coordinate and integrate the work of the divisions within the department;

(3) supervise and control all staff functions.
3 V.S.A. § 2402 — VT Code / Title 3 / Chapter 47 / Section 2402
§ 2402. Commerce and Community Development
Status: repealed

(a) An Agency of Commerce and Community Development is created consisting of the following:

(1) The Department of Economic Development.

(2) The Department of Housing and Community Development.

(3) The Division for Historic Preservation.

(4) [Repealed.]

(5) The Department of Tourism and Marketing.

(6) The Vermont Center for Geographic Information.

(b) The Agency shall contain an Administrative Support Division.

(c), (d) [Repealed.]

(e) Units attached to the Agency for administrative support shall receive, and shall use, the services provided by the Administrative Services Division of the Agency under section 2474 of this title.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 33 / Section 3
§ 33-3. Exec. Order No. 33-3 (No. 19-78) [Positions Transferred to Human Services 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. § 41 — VT Code / Title 3APPENDIX / Chapter 29 / Section 41
§ 29-41. Exec. Order No. 29-41 (No. 06-08) [Transfer of Right of Way in Okemo State Forest, Ludlow, from the Department of Forests, Parks and Recreation to the Department of Fish and Wildlife]
Status: in_force

WHEREAS, the Department of Fish and Wildlife has secured a right of way across the lands of Robin Anderson, in part with Federal funds received from the Wildlife Restoration Grant Program under Application for Federal Assistance W-58-L-1 administered by the U.S. Fish and Wildlife Service, for access for itself and the Department of Forests, Parks and Recreation from Town Highway #14, aka Rod and Gun Club Road, to certain state-owned land known as the former “Yankee Parcel”, and

WHEREAS, the southern portion of the former “Yankee Parcel” is now owned by the Department of Forests, Parks and Recreation and managed as part of Okemo State Forest, located in the Town of Ludlow, County of Windsor and State of Vermont; and

WHEREAS, the northern portion of the former “Yankee Parcel” is now owned and managed by the Department of Fish and Wildlife as part of Tiny Pond Wildlife Management Area in the town of Ludlow, County of Windsor and State of Vermont; and

WHEREAS, the right of way across the lands of Robin Anderson was acquired for the purpose of improving access for wildlife habitat management and lands administration on the Tiny Pond Wildlife Management Area; and

WHEREAS, the southern portion of the “Yankee Parcel” contains existing wood roads that connect to Tiny Pond Wildlife Management Area; and

WHEREAS, the Department of Forests, Parks and Recreation wishes to convey a right of way to the Department of Fish and Wildlife to cross the southern portion of the “Yankee Parcel” to access Tiny Pond Wildlife Management Area.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Department of Forests, Parks and Recreation to the Department of Fish and Wildlife, both in the Agency of Natural Resources, for the above purposes, a general right of way across the southern portion of the “Yankee Parcel” over Okemo State Forest for the purpose of accessing Tiny Pond Wildlife Management Area for wildlife habitat management and lands administration, to wit:

Being part of the same land and premises conveyed to the State of Vermont, Agency of Natural Resources by the following instrument:

Limited Warranty Deed from The Trust for Public Land d/b/a Trust for Public Land Inc., dated December 31, 2002, which is recorded in Book 230, Pages 577-581.

This Executive Order shall take effect upon execution.

Dated December 16, 2008.
3APPENDIX V.S.A. § 87 — VT Code / Title 3APPENDIX / Chapter 3 / Section 87
§ 3-87. Exec. Order No. 3-87 (No. 04-18) [Racial, Ethnic and Cultural Disparity Mitigation]
Status: in_force

Signed May 30, 2018; expired by its own terms effective June 30, 2024.
3 V.S.A. § 5012 — VT Code / Title 3 / Chapter 68 / Section 5012
§ 5012. Duties
Status: in_force

(a) The Division shall have the following duties:

(1) Work collaboratively with, and have the assistance of, all State and local agencies and departments identified pursuant to subdivision 5013(a)(2) of this title for purposes of collecting all data related to systemic racial bias and disparities within the criminal and juvenile justice systems.

(2) Collect and analyze the data related to systemic racial bias and disparities within the criminal and juvenile justice systems.

(3) Conduct justice information sharing gap analyses.

(4) Maintain an inventory of justice technology assets and a data dictionary to identify elements and structure of databases and relationships, if any, to other databases.

(5) Develop a justice technology strategic plan, which shall be updated annually. The justice technology strategic plan shall include identification and prioritization of data needs and requirements to fulfill new or emerging data research proposals or operational enhancements.

(6) Develop interagency agreements and memorandums of understanding for data sharing and publish public use files.

(7) Report its data, analyses, and recommendations to the Racial Justice Statistics Advisory Council and the Racial Disparities in the Criminal and Juvenile Justice Systems Advisory Panel on a monthly basis.

(b) On or before January 15, 2023 and annually thereafter, the Division shall report its data, analyses, and recommendations to the House Committees on Judiciary and on Government Operations and Military Affairs and the Senate Committees on Judiciary and on Government Operations. The report may include an operational assessment of the Division's structure and staffing levels and any recommendations for necessary adjustments.

(c) To carry out its duties under this subchapter, the Division may adopt procedural and substantive rules in accordance with the provisions of chapter 25 of this title.
3APPENDIX V.S.A. § 19 — VT Code / Title 3APPENDIX / Chapter 29 / Section 19
§ 29-19. Exec. Order No. 29-19 (No. 66-88) [Transfer of Certain Permanent Easement Located in City of Montpelier From Agency of Administration, Department of State Buildings to Agency of Transportation]
Status: in_force

WHEREAS, it appears that a certain permanent easement hereinafter described and located in the City of Montpelier, County of Washington and State of Vermont and presently under the jurisdiction and control of the Agency of Administration, Department of State Buildings, and

WHEREAS, the Agency of Transportation desires the use of said permanent easement for its purposes:

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over to the Agency of Transportation jurisdiction and control over a certain permanent easement of the Agency of Administration, Department of State Buildings for its purposes; said permanent easement being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by William F. Corry, Frank C. Corry, Florence E. Corry, and Ruth Corry Lyman by Warranty Deed dated June 2, 1949, and recorded in Book 65, Pages 303-305 of the City of Montpelier Land Records; said permanent easement being designated as Parcel #18 as shown on Pages 8, 14 and 15 of the plans of Highway Project Montpelier M6400 (23), a plat of which is attached hereto and made a part hereof, and with reference to said plat being more particularly described as follows:

An easement to change and maintain, if necessary, the channel of a certain stream of water now running on land of the Agency of Administration, Department of State Buildings located left of and between approximate survey stations 552 + 62 and 552 + 83 of the revised centerline of said Highway Project, as shown on plat hereto and made a part hereof.

Dated August 18, 1988.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 16 / Section 6
§ 16-6. Exec. Order No. 16-6 (No. 08-21) [Vermont Interagency Afterschool Youth Task Force]
Status: in_force

WHEREAS, data has shown afterschool programs help youth learn, grow and avoid risky behaviors such as drug use and juvenile crime, and offering these opportunities helps strengthen the health and wellbeing of Vermont's children, as well as improve academic achievement; and

WHEREAS, afterschool and summer programs support working families by reducing the logistical and financial burden of unsupervised time away from home or school; and

WHEREAS, afterschool and summer programs are community-based, school-based and partnerships between communities and schools, and there are partners that will be critical to expansion of opportunities including, but not limited to, the Vermont Agencies of Education, Human Services, Natural Resources and Transportation, the Vermont Department of Labor, Vermont Afterschool and the Vermont Youth Project; and

WHEREAS, in my 2020 State of the State address I proposed the creation of a universal afterschool network by 2025 that ensures every child has access to enrichment opportunities outside of current classroom time, and to align the students' day with the length of the workday, with out raising property tax rates; and

WHEREAS, most recently to mitigate the negative social, emotional and academic impacts of the pandemic on youth and families, I prioritized creation of the 2021 Summer Matters campaign to expand opportunities for children and youth to reconnect with peers and communities, funding 93 programs which provided 238 additional weeks of programming serving approximately 12,810 youth; and

WHEREAS, because high school students are often the hardest to engage in afterschool and summer activities, as part of the Summer Matters campaign, the Division of Vocational Rehabilitation created the Summer Career Exploration Program which provided 144 youth with a work experience and learning opportunity, engaged 110 employers, and included all students with disabilities, resulting in 23.6 percent of participants earning an offer of employment; and

WHEREAS, Senator Sanders successfully secured federal pandemic recovery funds for addressing learning loss through afterschool and summer programming, and 94 percent of Vermont school districts signaled intent to use their local share of federal American Rescue Plan Elementary and Secondary School Emergency Relief (ESSER) funds for summer programming, after school and extended learning opportunities for students; and

WHEREAS, the Universal Afterschool Task Force produced a set of recommendations for next steps to expand universal afterschool in Vermont including program funding priorities, grant program implementation priorities, funding estimates and how to build on Vermont's strengths; and

WHEREAS, Act 164 of 2020 directs revenue from sales and use tax on the retail sale of cannabis and cannabis products to fund a grant program to start or expand afterschool and summer learning programs, with a focus on increasing access in underserved areas of the state; and

WHEREAS, Vermont has a transformational opportunity to expand afterschool and summer programs for the mental, emotional and educational wellbeing of all Vermont's children and youth; and

WHEREAS, State government must continue to work with the local education and private sector partners to facilitate development of a statewide system offering universal access to safe, enriching and comprehensive options for afterschool and summer programming for Vermont youth from pre-kindergarten to grade 12.

NOW, THEREFORE, be it resolved that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby establish the Vermont Interagency Afterschool Youth Task Force as follows:

I. Composition and Appointments

The Vermont Interagency Afterschool Youth Task Force (the “Task Force”), shall consist of not more than 11 members to be appointed by the Governor to include the following members:

(1) The Secretary of the Agency of Education, or designee;

(2) The Student Pathways Division Director of the Agency of Education;

(3) The Chief Prevention Officer;

(4) The Commissioner of the Department of Children and Family Services, or designee;

(5) The Commissioner of the Department of Health, or designee;

(6) The Commissioner of the Department of Mental Health, or designee;

(7) The Commissioner of the Department of Fish & Wildlife, or designee;

(8) The Division of Vocational Rehabilitation Transition Program Manager;

(9) The Secretary of the Agency of Commerce and Community Development, or designee;

(10) The Governor's Director of Policy Development and Legislative Affairs; and

(11) The Executive Director of Vermont Afterschool, or designee.

The Governor shall appoint the Chair and Co-Chair. The Task Force may convene subcommittees with additional members such as educational professionals, youth, parents and community partners, as needed, may consult with experts and stakeholder organizations as needed.

II. Meetings

The Chair shall call the first meeting of the Task Force to occur on or before November 15, 2021 and the Task Force shall meet as needed at the call of the Chair, but not less than monthly.

III. Powers and Duties

Building on the work of the Universal After School Task Force and the Summer Matters campaign, the Task Force shall work toward a statewide system offering universal access to safe, enriching and comprehensive options for afterschool and summer programming for Vermont youth from pre-kindergarten to grade 12. The system shall encourage the academic, social and emotional development of participants in safe, accessible environments where they can connect with peers and adults. Programs shall represent a range of school-based, private and community partnerships and should be available to all interested youth and families at reasonable or no cost, with particular emphasis on ensuring Vermont's most vulnerable students have ready access to affordable opportunities.

The Task Force shall:

A. Create a framework to expand existing programs leveraging what is already in place, enhancing their accessibility, capacity and quality;

B. Develop and support the creation of new program options for all age groups, understanding that high school students are often the most difficult cohort to engage;

C. Develop a baseline for safety and quality standards for building strategies to ensure enrichment and expanded learning opportunities;

D. Ensure equitable geographic coverage and prioritize areas that are currently underserved and/or have experienced the most significant contraction in the regional workforce.

E. Target specific infrastructure gaps in the existing system such as transportation, access for children and youth with disabilities, geographic equity, and nutritional supports for youth during programming;

F. Ensure options exist for youth employment and for education and acquisition of job skills;

G. Develop opportunities for youth to explore post-secondary education, skills training and career planning and/or experiences such as work-based learning opportunities;

H. Leverage existing federal, state and local funding opportunities to encourage sustainable expansion and extension of programs;

I. Focus on evidence-informed planning and programming to document and measure impacts; and

J. Engage with youth to ensure their voice and input are heard in the development of the system.

The Task Force shall be advisory to the Governor and report on progress towards achieving expanded universal afterschool and summer programming every two months. The Task Force shall also respond to the Governor upon request.

To the extent funded, the non-governmental members of subcommittees of the Task Force shall be entitled to per diem compensation, upon request, pursuant to 32 V.S.A. § 1010.

The Task Force shall have the administrative, technical and legal assistance of the Agencies of Education and Human Services.

IV. Effective Date

This Executive Order shall take effect upon execution and shall expire December 31, 2026 unless extended by the Governor.

Dated October 28, 2021