3 V.S.A. § 532 — VT Code / Title 3 / Chapter 18 / Section 532
§ 532. Vermont Saves Program; establishment
Status: in_force

(a) Establishment; purpose. There is established the Vermont Saves Program (Program), administered by the Office of the State Treasurer, for the purpose of increasing financial security for Vermonters by providing access to an IRA for Vermont employees of companies that do not currently offer a retirement savings program. The Program shall be designed to facilitate portability of benefits through withdrawals, rollovers, and direct transfers from an IRA and achieve economies of scale and other efficiencies to minimize costs. The Program shall:

(1) allow a covered employee to contribute to an IRA under the Program, which may be contributed through a payroll deduction; and

(2) notwithstanding any other provision of law to the contrary, require each covered employer to offer its covered employees the choice to contribute to a payroll deduction IRA by automatically enrolling them in the payroll deduction IRA with the opportunity to opt out.

(b) Type of IRA. The type of IRA to which contributions are made pursuant to subsection (a) of this section shall be a Roth IRA; provided, however, the State Treasurer is authorized to add an option for all participants to:

(1) affirmatively elect to contribute to a traditional IRA instead of a Roth IRA; or

(2) open both a Roth IRA and a traditional IRA.

(c) Contributions.

(1) Unless otherwise specified by the covered employee, a covered employee shall automatically initially contribute five percent of the covered employee's salary or wages to the Program. A covered employee may elect to opt out of the Program at any time or contribute at any higher or lower rate, expressed as a percentage of salary or wages, or, as permitted by the State Treasurer, expressed as a flat dollar amount, subject in all cases to the IRA contribution and eligibility limits applicable under the Internal Revenue Code at no additional charge.

(2) The State Treasurer shall provide for, on a uniform basis, an annual increase of each active participant's contribution rate, by not less than one percent, but not more than eight percent, of salary or wages each year. Any such increases shall apply to active participants, including participants by default with an option to opt out or participants who are initiated by affirmative participant election, provided that any increase is subject to the IRA contribution and eligibility limits applicable under the Internal Revenue Code.

(3) The Treasurer shall provide for direct deposit of contributions into investments under the Program, including a default investment such as a series of target date funds, and a limited number of investment alternatives, including a principal preservation option.

(4) Contributions by a covered employer are not required or permitted under the Program.

(5) Each participant owns the contributions to, and earnings on, amounts contributed to the participant's account under the Program. The State and covered employers have no proprietary interest in those contributions or earnings.

(d) Administration. The Treasurer shall administer and implement the provisions of this chapter or contract with a vendor to administer the Program and manage the investments in accordance with this chapter, pursuant to the following:

(1) The Program shall be designed and implemented in a manner consistent with federal law to the extent that it applies and consistent with the Program not being preempted by, and the payroll deduction IRAs and covered employers not being subject to, ERISA.

(2) The costs and expenses incurred to initiate, implement, maintain, manage, and administer the Program and its investments are paid or defrayed from investment returns or assets of the Program or through fees, charges, or funds, whether account based, asset based, per capita, or otherwise, to the extent permitted under federal and State law.

(3) The Treasurer shall establish the following processes and requirements to administer the Program:

(A) processes for enrollment and contributions to an IRA under the Program, including:

(i) withholding by covered employers of employee payroll deduction contributions from wages and remittance for deposit to an IRA;

(ii) automatic enrollment in a payroll deduction IRA and opt-outs by covered employees, including self-employed individuals and independent contractors, through payroll deduction or otherwise; and

(iii) the making of default contributions using default investments and participant selection of alternative contribution rates or amounts and alternative investments from among the options offered under the Program;

(B) processes for phasing in enrollment of eligible individuals, including phasing in enrollment of covered employees by size or type of covered employer;

(C) processes for a participant to make nonpayroll contributions to accounts under the Program;

(D) processes for an employer to be determined to be exempt from the Program because the employer sponsors a specified tax-favored retirement plan; and

(E) requirements for the determination of whether a part-time, seasonal or temporary employee is a covered employee eligible to participate in the Program.

(e) Records and accounting. The Treasurer shall maintain separate records and accounting for each account under the Program and allow for participants to maintain their accounts regardless of place of employment and to roll over funds into other IRAs or other retirement accounts.

(f) Reports. Annually, the Treasurer shall send a report to each participant detailing the status of the participant's account. Each participant shall also be granted frequent or continual online access to information on the status of that participant's account.

(g) Outreach and disclosures. The Treasurer shall conduct outreach to individuals, employers, other stakeholders, and the public regarding the Program, including specifying the contents, frequency, timing, and means of required disclosures from the Program to covered employees, participants, other individuals eligible to participate in the Program, covered employers, and other interested parties.

(h) Participant accounts.

(1) Interest, investment earnings, and investment losses shall be allocated to each participant's individual retirement account.

(2) A participant's benefit under the Program shall be equal to the balance in such participant's individual retirement account as of any applicable measurement date prescribed by the Program.

(i) Program assets.

(1) The Treasurer is authorized to establish a trust or custodial accounts meeting the requirements of Section 408(a) or (c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or any other applicable federal law requirements for Program participants' investments and assets. Any trust established pursuant to this chapter shall be considered an instrumentality of the State and shall not be subject to ERISA.

(2) No assets of the Program or Fund as set forth in section 534 of this chapter shall be transferred to the General Fund or to any other fund of the State or otherwise encumbered or used for any other purpose.

(3) All contributions to an IRA under the Program shall be used only to pay benefits to participants, to pay the cost of administering the Program, or to make investments for the benefit of the Program.

(j) Fees.

(1) The Treasurer may require that each participant be charged a fee to defray Program costs. The amount and method of collection of such fee shall be determined by the Treasurer, provided that the fee shall not exceed $30.00 per participant in each calendar year.

(2) No employer shall be required to fund or be responsible for collecting fees from participants.
3 V.S.A. § 313 — VT Code / Title 3 / Chapter 13 / Section 313
§ 313. Cost of operating plan
Status: in_force

The cost of operating the plan selected and adopted shall be prorated to each agency on the basis of the number of employees in each agency.
3 V.S.A. § 455 — VT Code / Title 3 / Chapter 16 / Section 455
§ 455. Definitions
Status: repealed

(a) As used in this subchapter:

(1) “Accumulated contributions” shall mean the sum of all the amounts deducted from the compensation of a member together with any amount transferred to the account of the member established pursuant to this system from the respective account of said member under one or both of the predecessor systems, with interest thereon, as provided in section 473 of this title.

(2) “Actuarial equivalent” shall mean a benefit of equal value under the actuarial assumptions last adopted by the Retirement Board under subsection 472a(h) of this title.

(3) “Annuity” shall mean annual payments for life derived from the accumulated contributions of a member.

(4) “Average final compensation” shall mean:

(A) For a Group A, Group F, or Group G member, the average annual earnable compensation of a member during the three consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest average, or during all of the years of creditable service if fewer than three years. If the member's highest three years of earnable compensation are the three years prior to separation of service and the member separates prior to the end of a fiscal year, average final compensation shall be determined by adding:

(i) The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.

(ii) The earnable compensation and service credit earned in the preceding two fiscal years.

(iii) The remaining service credit that is needed to complete the three full years, which shall be factored from the fiscal year preceding the two fiscal years described in subdivision (ii) of this subdivision (A). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.

(B) For a Group C member, the average annual earnable compensation of a member during the two consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest such average, or during all of the years in the member's creditable service if fewer than two years. If the member's highest two years of earnable compensation are the two years prior to separation of service and the member separates prior to the end of a fiscal year, average final compensation shall be determined by adding:

(i) The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.

(ii) The earnable compensation and service credit earned in the preceding fiscal year.

(iii) The remaining service credit that is needed to complete the two full years, which shall be factored from the fiscal year preceding the fiscal year described in subdivision (ii) of this subdivision (B). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.

(C) For purposes of determining average final compensation for Group A or Group C members, a member who has accumulated unused sick leave at retirement shall be deemed to have worked the full normal working time for the member's position for 50 percent of such leave, at the member's full rate of compensation in effect at the date of the member's retirement. For purposes of determining average final compensation for Group F or Group G members, unused annual or sick leave, termination bonuses, and any other compensation for service not actually performed shall be excluded. The average final compensation for a State's Attorney and the Defender General shall be determined by the State's Attorney's or the Defender General's highest annual compensation earned during the member's creditable service.

(D) For purposes of determining average final compensation for a member who has accrued service in more than one group plan within the System, the highest consecutive years of earnings shall be based on the formulas set forth in subdivision (A) or (B) of this subdivision (4) using the earnable compensation received while a member of the System.

(E) For Group A, C, F, or G members who retire on or after July 1, 2012, an increase in compensable hours in any year used to calculate average final compensation that exceeds 120 percent of average compensable hours shall be excluded from that year when calculating average final compensation.

(F) For a Group D member:

(i) Who retires on or before June 30, 2022, the member's final salary.

(ii) Who retires on or after July 1, 2022, but who, on or before June 30, 2022, has five years or more of service as a Supreme Court Justice, a Superior judge, an Environmental judge, a District judge, or a Probate judge, or any combination thereof, and has attained 57 years of age or older, or is a Group D member on or before June 30, 2022 and has 15 years or more of creditable service, the member's final salary.

(iii) Who retires on or after July 1, 2022 and who does not meet the requirements set forth in subdivisions (i) and (ii) of this subdivision (F), the average annual earnable compensation of a member during the two consecutive fiscal years beginning on July 1 and ending on June 30 of creditable service affording the highest such average, or during all of the years in the member's creditable service if fewer than two years. If the member separates prior to the end of a fiscal year, average final compensation shall be determined by adding:

(I) The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.

(II) The earnable compensation and service credit earned in the preceding fiscal year.

(III) The remaining service credit that is needed to complete the two full years, which shall be factored from the fiscal year preceding the fiscal year described in subdivision (II) of this subdivision (F)(iii). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.

(5) “Beneficiary” shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this subchapter.

(6) “Creditable service” shall mean service for which credit is allowed under section 458 of this title, plus service transferred under section 495 of this title.

(7) “Department” shall mean any department, institution, or agency of this State government.

(8) “Earnable compensation” shall mean the full rate of compensation that would be payable to an employee if the employee worked the full normal working time for the employee's position. In cases where compensation includes maintenance, the Retirement Board shall fix the value of that part of the compensation not paid in money.

(9) “Employee” shall mean:

(A) Any regular officer or employee of the Vermont Historical Society or a department other than a person included under subdivision (B) of this subdivision (9), who is employed for not less than 40 calendar weeks in a year. “Employee” includes deputy State's Attorneys, victim advocates employed by a State's Attorney pursuant to 13 V.S.A. § 5306, secretaries employed by a State's Attorney pursuant to 32 V.S.A. § 1185, and other positions created within the State's Attorneys' offices that meet the eligibility requirements for membership in the Retirement System.

(B) Any regular officer or employee of the Department of Public Safety assigned to police and law enforcement duties, including the Commissioner of Public Safety appointed before July 1, 2001; but, irrespective of the member's classification, shall not include any member of the General Assembly as such, any person who is covered by the Vermont Teachers' Retirement System, any person engaged under retainer or special agreement or Group C beneficiary employed by the Department of Public Safety for not more than 208 hours per year, or any person whose principal source of income is other than State employment. In all cases of doubt, the Retirement Board shall determine whether any person is an employee as defined in this subchapter. Also included under this subdivision (B) are employees of the Department of Liquor and Lottery who exercise law enforcement powers, employees of the Department of Fish and Wildlife assigned to law enforcement duties, motor vehicle inspectors, full-time deputy sheriffs compensated by the State of Vermont whose primary function is transports, full-time members of the Capitol Police force, investigators employed by the Criminal Division of the Office of the Attorney General, Department of State's Attorneys, Department of Health, or Office of the Secretary of State, who have attained Level III law enforcement officer certification from the Vermont Criminal Justice Council, who are required to perform law enforcement duties as the primary function of their employment, and who may be subject to mandatory retirement permissible under 29 U.S.C. § 623(j), who are first included in membership of the system on or after July 1, 2000. Also included under this subdivision (B) are full-time firefighters employed by the State of Vermont and the Defender General.

(10) “Medical Board” shall mean the board of physicians provided for in section 471 of this title.

(11) “Member” means any employee included in the membership of the Retirement System under section 457 of this title.

(A) “Group A members” means employees classified under subdivision (9)(A) of this subsection (a).

(B) [Repealed.]

(C) “Group C members” means employees classified under subdivision (9)(B) of this subsection (a) who become members as of the date of establishment, any person who is first included in the membership of the System on or after July 1, 1998, any person who was a Group B member on June 30, 1998, who was in service on that date, and any person who was a Group B member on June 30, 1998, who was absent from service on that date who returns to service on or after July 1, 1998.

(D) “Group D members” means Justices of the Supreme Court, Superior judges, district judges, environmental judges, and probate judges.

(E) “Group F member” means any person who is first included in the membership of the System on or after January 1, 1991, any person who was a Group E member on December 31, 1990, who was in service on that date, and any person who was a Group E member on December 31, 1990, who was absent from service on that date who returns to service on or after January 1, 1991.

(F) “Group G member” means:

(i) the following employees who are first employed in the positions listed in this subdivision (F)(i) on or after July 1, 2023, or who are members of the System as of June 30, 2022 and make an irrevocable election to prospectively join Group G on or before June 30, 2023, pursuant to the terms set by the Board: facility employees of the Department of Corrections, as Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, employees of a facility for justice-involved youth, and employees of the Vermont Psychiatric Care Hospital or its successor in interest, who provide direct patient care; and

(ii) the following employees who are first employed in the positions listed in this subdivision (F)(ii) or first included in the membership of the System on or after January 1, 2025, or who are members of the System as of December 31, 2024 and make an irrevocable election to join Group G on or before December 31, 2024, pursuant to the terms set by the Board:

(I) all sheriffs; and

(II) deputy sheriffs who:

(aa) are employed by county sheriff's departments that participate in the Vermont Employees' Retirement System;

(bb) have attained Level II or Level III law enforcement officer certification from the Vermont Criminal Justice Council;

(cc) are required to perform law enforcement duties as the primary function of their employment; and

(dd) are not full-time deputy sheriffs compensated by the State of Vermont whose primary function is transports as defined in 24 V.S.A. § 290(b) and eligible for Group C pursuant to subdivision (9)(B) of this subsection (a).

(12) “Membership service” means service rendered while a member of the Retirement System.

(13) “Normal retirement date” means:

(A) with respect to a Group A member, the first day of the calendar month next following (i) attainment of 65 years of age, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or (ii) attainment of age 62 and completion of 20 years of creditable service, whichever is earlier;

(B) with respect to a Group C member, the first day of the calendar month next following attainment of 55 years of age, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or completion of 30 years of service, whichever is earlier;

(C) with respect to a Group D member:

(i) for those members first appointed or elected on or before June 30, 2022, the first day of the calendar month next following attainment of 62 years of age and completion of five years of creditable service; or

(ii) for those members first appointed or elected on or after July 1, 2022, the first day of the calendar month next following attainment of 65 years of age and completion of five years of creditable service; and

(D) with respect to a Group F member, the first day of the calendar month next following attainment of 62 years of age, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or completion of 30 years of creditable service, whichever is earlier; and with respect to a Group F member first included in the membership of the system on or after July 1, 2008, the first day of the calendar month next following attainment of 65 years of age and following completion of five years of creditable service, or attainment of 87 points reflecting a combination of the age of the member and number of years of service, whichever is earlier.

(E) with respect to a Group G member:

(i) for facility employees of the Department of Corrections, Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, employees of a facility for justice-involved youth, or employees of the Vermont Psychiatric Care Hospital or its predecessor or successor in interest, who provide direct patient care, who were first included in the membership of the System on or before June 30, 2008, who were employed as of June 30, 2022, and who made an irrevocable election to prospectively join Group G on or before July 1, 2023, pursuant to the terms set by the Board, the first day of the calendar month next following the earlier of:

(I) 62 years of age and following completion of five years of creditable service;

(II) completion of 30 years of creditable service; or

(III) 55 years of age and following completion of 20 years of creditable service;

(ii) for facility employees of the Department of Corrections, Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, as employees of a facility for justice-involved youth, or employees of the Vermont Psychiatric Care Hospital or its predecessor or successor in interest, who provide direct patient care, who were first included in the membership of the System on or after July 1, 2008, who were employed as of June 30, 2022, and who made an irrevocable election to prospectively join Group G on or before July 1, 2023, pursuant to the terms set by the Board, the first day of the calendar month next following the earlier of:

(I) 65 years of age and following completion of five years of creditable service;

(II) attainment of 87 points reflecting a combination of the age of the member and number of years of service; or

(III) 55 years of age and following completion of 20 years of creditable service;

(iii) for facility employees of the Department of Corrections, Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, employees of a facility for justice-involved youth, or employees of the Vermont Psychiatric Care Hospital or its predecessor or successor in interest, who provide direct patient care, who first become a Group G member on or after July 1, 2023, the first day of the calendar month next following the earlier of:

(I) attainment of 55 years of age and following completion of 20 years of creditable service; or

(II) 65 years of age and following completion of five years of creditable service;

(iv) for all sheriffs and those deputy sheriffs who meet the requirements pursuant to subdivision (11)(F)(ii) of this subsection (a), who were first included in the membership of the System on or before June 30, 2008, who were employed as of December 31, 2024, and who made an irrevocable election to prospectively join Group G on or before January 1, 2025, pursuant to the terms set by the Board, the first day of the calendar month next following the earlier of:

(I) 62 years of age and following completion of five years of creditable service;

(II) completion of 30 years of creditable service; or

(III) 55 years of age and following completion of 20 years of creditable service;

(v) for all sheriffs and those deputy sheriffs who meet the requirements pursuant to subdivision (11)(F)(ii) of this subsection (a), who were first included in the membership of the System on or after July 1, 2008, who were employed as of December 31, 2024, and who made an irrevocable election to prospectively join Group G on or before January 1, 2025, pursuant to the terms set by the Board, the first day of the calendar month next following the earlier of:

(I) 65 years of age and following completion of five years of creditable service;

(II) attainment of 87 points reflecting a combination of the age of the member and number of years of service; or

(III) 55 years of age and following completion of 20 years of creditable service; or

(vi) for all sheriffs and those deputy sheriffs who meet the requirements pursuant to subdivision (11)(F)(ii) of this subsection (a), who first become a Group G member after January 1, 2025, the first day of the calendar month next following the earlier of:

(I) attainment of 55 years of age and following completion of 20 years of creditable service; or

(II) 65 years of age and following completion of five years of creditable service.

(14) “Pension” shall mean annual payments for life derived from contributions by the State.

(15) “Predecessor system” shall mean, where applicable, the Vermont Employees' Retirement System and the Vermont State Police and Motor Vehicle Inspectors' Retirement System, either one of them, or a combination thereof.

(16) “Prior service” shall mean service rendered prior to the date of membership in the Retirement System for which credit was given under the terms of one or both of the predecessor systems as set forth in section 458 of this title.

(17) “Regular interest” shall mean interest at such rate or rates as may be set from time to time by the Retirement Board in accordance with subsection 472(b) of this title.

(18) “Retirement allowance” or “maximum allowance” shall mean the sum of the annuity and the pension. All retirement allowances shall be payable in equal monthly installments except that when the retirement allowance is less than $20.00 per month it shall be payable on such basis as the Board may direct.

(19) “Retirement Board” or “Board” shall mean the board provided for in section 471 of this title to administer the Retirement System.

(20) “Retirement System” shall mean the Vermont State Retirement System as defined in section 456 of this title.

(21) “Service” shall mean service as an employee for which compensation is paid by the State.

(22) “Social Security benefit” shall mean the amount of the member's primary insurance benefit or disability insurance benefit under Title II of the Social Security Act and such other benefit or benefits as may be payable on the member's account under said title, computed on the basis of such act as in effect at the time of retirement and limited to the portion of such benefit or benefits that is attributable to service for which the member receives credit under section 458 of this title, to which a member or other person on his or her account is or would upon proper application be entitled, irrespective of earnings the member or members may be receiving in excess of any limit on earnings for full entitlement to such benefit or benefits.

(23) “Survivor's insurance benefit” shall mean the amount paid or payable under Title II of the Social Security Act, computed on the basis of such act as in effect at the time of the member's death and limited to the portion of such amount that is attributable to service for which he or she receives credit under section 458 of this title, to any person or persons on account of the death of a member, even though such amount or any part thereof is not actually received by such person because of his or her failure to make proper application therefor, or because of his or her receipt of earnings that would make him or her ineligible for such benefit.

(24) “Commission” shall mean the Vermont Pension Investment Commission.

(25) “Fund” or “Vermont State Retirement Fund” shall mean the fund created by section 473 of this title, which shall contain the assets of the Retirement System and from which shall be paid the benefits due to beneficiaries and the expenses of the Retirement System.

(26) “Average compensable hours” shall mean average annual compensable hours for a period of five full years immediately preceding the years used to determine average final compensation for any member who terminates his or her position after July 1, 2002. If a member's compensable hours in any year used to calculate average final compensation exceeds 120 percent of average compensable hours, the compensation for hours worked in excess of 120 percent shall be excluded from average final compensation for that particular year. Average compensable hours form the benchmark to preclude abuses by implementing a 20-percent limit on increases in compensable hours in any year used to calculate average final compensation.

(27) “Compensable hours” shall mean all hours worked during a fiscal year and shall include the following types of paid time: regular hours worked, overtime hours worked, and paid leave.

(28) “Successor in interest” means the mental health hospital owned and operated by the State that provides acute inpatient care and replaces the Vermont State Hospital.

(b) [Repealed.]
3APPENDIX V.S.A. § 24 — VT Code / Title 3APPENDIX / Chapter 20 / Section 24
§ 20-24. Exec. Order No. 20-24 (No. 10-99) [Vermont National Guard Trust Fund]
Status: in_force

WHEREAS, upon deactivation of the members of the Vermont Army National Guard after World War I, the company funds of various units comprising the First Infantry Regiment, Vermont National Guard, were turned over to the federal government, more specifically the War Department (the forerunner of the Department of Defense);

WHEREAS, in 1927, the War Department returned the company funds to the Adjutant General for the Vermont Army National Guard, Brigadier General Herbert T. Johnson, to benefit the present and future elements of any reconstituted and/or reactivated regiment;

WHEREAS, in 1927, the Honorable John E. Weeks, Governor of the State of Vermont, by special order 54, dated 21 June 1927, created a special committee to review the receipt of these funds and to make recommendations;

WHEREAS, on 30 June 1927, upon the recommendation of the special committee, the Governor established the 172d Infantry Memorial Trust Fund;

WHEREAS, the 172d Infantry constituted the reorganized units of Vermont National Guard units that served in World War I;

WHEREAS, on 1 July 1960, the fund was redesignated by Executive Order (no number) of the Honorable Robert T. Stafford, Governor of the State of Vermont, as the “Vermont Army National Guard Memorial Trust Fund;”

WHEREAS, as of this date, the “Vermont Army National Guard Trust Fund” is still a functional fund but with the changes in the force structure over the last 40 years, there is a need to revise the fund.

NOW THEREFORE, BE IT RESOLVED, that I, Howard Dean, by virtue of the power vested in me as Governor, do hereby reconstitute the “Vermont Army National Guard Memorial Trust Fund” as the “Vermont National Guard Trust Fund” (hereinafter referred to as the “Trust”) and establish a Trust Fund Board with the duties and responsibilities as follows:

1. The Trust will be for the benefit of all members of the Vermont National Guard.

2. The Trust Fund Board will be chaired by the Adjutant General for the State of Vermont, and be comprised of the Deputy Adjutant General for the State of Vermont, the Vermont Army National Guard Assistant Adjutant General, and the Air National Guard Assistant Adjutant General. A majority of the sitting members shall constitute a quorum and action taken by the board under the provisions of this Executive Order may be authorized by a majority of members present and voting at any regular or special meeting. The members of the board will not receive any remuneration for their participation on the board except for the reimbursement of reasonable business expenses and/or operational costs.

3. The Trust Fund shall be administered by the board and effectuate the policies and purposes of this Executive Order. Deposits to the currently existing monies shall be made to the fund from moneys appropriated thereto by the general assembly from time to time and from any other source, private or public, as approved by the board. Unexpended balances and any earnings shall not revert to the general fund but shall remain in the fund for use in accord with the purposes of this Executive Order.

4. The original purpose of the Fund was to benefit the members of the Vermont National Guard in time of federal activation during an emergency and, in keeping with that purpose, the fund will continue to be used for members of the Vermont National Guard in times of federal activation during emergencies, war, rebellion, humanitarian effort, operations other that war and in times of state active duty. The board will establish rules and regulations governing the expenditure of funds under these conditions.

5. In further keeping with the original intent of the fund, the Board may disburse part of fund as a discretionary fund to be used for the purpose of the betterment of the members of the Vermont National Guard. But under no circumstance will this allocation and disbursement reduce the total fund to an amount lower than $30,000, an amount to be used for the purposes stated in paragraph 4 above.

6. The Fund, principle and interest, will be invested and reinvested in commercially reasonable investment vehicles as approved by the Board.

7. If the Board deems necessary, the Board may contract with and/or hire investment consultants, brokers, counselors, or the like and the cost therefore, will be borne by the fund.

This Executive Order shall take effect upon signing.

Dated October 8, 1999.
3APPENDIX V.S.A. § 43 — VT Code / Title 3APPENDIX / Chapter 29 / Section 43
§ 29-43. Exec. Order No. 29-43 (No. 05-09) [Transfer of Land in Duxbury, Vermont from the Vermont Department of Forests, Parks and Recreation to the Vermont Department of Buildings and General Services]
Status: reserved

WHEREAS, certain state-owned land (the “Property”) located in the Town of Duxbury, County of Washington and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Department of Forests, Parks and Recreation; and

WHEREAS, the Department of Forests, Parks and Recreation has determined the Property to be surplus to its needs; and

WHEREAS, the Department of Buildings and General Services desires to obtain jurisdiction and control of the Property for the purposes of including the Property as part of the legislatively approved sale of abutting parcels of land known as the Duxbury State Farm.

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

Meaning to transfer only those lands easterly of Route 100B under the jurisdiction and control of the Department of Forests, Parks and Recreation pursuant to Executive Order #11 dated May 2, 1973 and signed by Governor Thomas P. Salmon and as depicted on the map attached thereto and incorporated by reference herein.

Excepted and reserved from this transfer are all lands lying westerly of Route 100B under the jurisdiction and control of the Department of Forests, Parks and Recreation pursuant to said Executive Order #11 of 1973.

This Executive Order shall take effect upon execution.

Dated June 27, 2009.

EXECUTIVE ORDER

WHEREAS, it appears that certain land and premises located in the Town of Duxbury, County of Washington, State of Vermont, hereinafter described and presently under the jurisdiction of the VERMONT STATE HOSPITAL or the DIVISION OF STATE BUILDINGS, pursuant to Act #260, Section 51 of the Acts of 1971, has become and is no longer necessary to the Hospital for agricultural or woodland purposes:

NOW, THEREFORE, pursuant to the authority vested in me as Governor of Vermont, I, Thomas P. Salmon, do by this my Order, transfer and set over from the VERMONT STATE HOSPITAL of the DIVISION OF STATE BUILDING to the jurisdiction of the DEPARTMENT OF FORESTS AND PARKS, a part of the Agency of Environmental Conservation for its use and purposes the following described land and premises to wit:

All lands westerly of a line as shown on the map attached hereto and made a part of this transfer excepting therefrom any small areas of agricultural land presently under lease by the Division of State Buildings to Raphael M. and Joyce S. Lowe and such area as is needed for the State Hospital Summer camp. Any necessary right-of-way through the camp area to manage the woodland hereby conveyed shall have mutual agreement between the State Department using such right-of-way and a written agreement executed.

Also the woodland as shown on said map lying southerly of the main farm land and easterly of State Route 100.

In transferring this land to the Department of Forests and Parks said Department shall use reasonable care that snowmobiles and other motorized vehicles and their rubbish is diverted away from agricultural areas under lease.

Dated May 2, 1973
3 V.S.A. § 330 — VT Code / Title 3 / Chapter 13 / Section 330
§ 330. Vermont Internship Program
Status: in_force

(a) A Vermont Internship Program is created:

(1) to attract persons to train for and then serve State government in occupations where the State anticipates difficulty attracting or retaining qualified employees;

(2) to provide an enriched experience designed to bring trainees to full class performance levels in a logical and systematic manner;

(3) to support equal employment opportunity; and

(4) to provide upward mobility, lateral movement, or other opportunities for current employees who have demonstrated high potential.

(b) Position authorization.

(1) [Expired.]

(2) The positions may be created in response to real or anticipated recruitment and retention difficulties or in instances where the Commissioner has determined the State's needs for individuals to serve in a certain position will best be met through the Vermont Internship Program.

(3) Each position authorized by the Commissioner shall be established for a specific period of time not to exceed five years. In accordance with the approved plan, or where the Commissioner deems it appropriate, Vermont Internship Program positions shall revert to the Commissioner for reallocation.

(4) Departments or agencies shall use existing monetary resources to fund the positions created under this section.

(5) Requests for positions under the Vermont Internship Program shall be in a form and following procedures prescribed by the Commissioner. All requests shall certify that all reasonable efforts shall be made to ensure a vacant position will be available to each Vermont Internship Program participant upon completion of the program.

(c) Eligibility.

(1) Any person shall be eligible to compete for participation in the Vermont Internship Program.

(2) Outreach efforts shall be extended appropriately to ensure that all segments of the qualified populace are informed about opportunities to apply and compete for these vacancies on the basis of merit.

(d) Selection and retention.

(1) Departments and agencies have final responsibility for selection of Vermont Internship Program candidates using criteria and procedures to be issued by the Department of Human Resources.

(2) Departments shall make a diligent effort to select Vermont internship participants from among applicants who are State employees.

(3) A Vermont Internship Program employee must maintain a satisfactory performance rating at all times for job-training activities, must receive at least a grade of C (or its equivalent) in classes taken as part of the Vermont Internship Program plan, and, if enrolled in any degree program, must maintain minimum requirements by the educational institution.

(e) Development of candidates.

(1) All Vermont Internship Program members shall have individual development plans approved by the Commissioner of Human Resources.

(2) The actual developmental systems used, whether job rotation, special projects, details, or progressively more difficult tasks, education, and training, shall form part of the individual development plans.

(3) The department or agency making use of a Vermont Internship Program shall conduct regular reviews of performance and progression of capabilities and shall submit written documentation of this on a form and using procedures provided for by the Commissioner of Human Resources.

(f) Rights of Vermont Internship Program members.

(1) Vermont Internship Program participants shall be deemed to be classified State employees in their initial probationary period for the entire period of their participation, and continuation of one's training in Vermont Internship Programs shall be in the discretion of the appointing authority. They shall be paid the minimum rate for comparable positions in the classified service, unless otherwise authorized by the Commissioner of Human Resources.

(2) Vermont Internship Program participants shall agree to work in a State position consistent with the approved plan after completion of the planned Vermont internship for a period of time equal to the length of Vermont Internship Program participation. Any Vermont Internship Program member who does not satisfy this requirement shall reimburse the State for all tuition, fees, and expenses paid by the State in connection with Vermont Internship Program participation, including salary paid during periods of paid educational leave, unless waived by the Commissioner of Human Resources.

(3) Unless authorized by the approved plan, Vermont Internship Program participants shall participate in on-the-job training of at least 20 hours per week. They are eligible for State classified medical and life insurance plans as well as leave benefits in the same manner and to the same extent as State employees working similar schedules.

(4) Upon satisfactory completion of the Vermont Internship Program, the participants shall be eligible for noncompetitive appointment to a vacant position consistent with the approved plan, which shall be made available by the participating department unless waived by the Commissioner of Human Resources.

(5) Notwithstanding any provision to the contrary in sections 455 et seq. of this title, upon completion of a State employment commitment described in subdivision (2) of this subsection, such employee shall receive State employment retirement credit for all Vermont Internship Program time.

(6) A classified State employee who accepts an appointment to the Vermont Internship Program shall be entitled to a leave of absence in the same manner and to the same extent as if he or she had accepted appointment to an exempt position in State government.

(7) Vermont Internship Program members aggrieved under this section shall have right of appeal to the Commissioner of Human Resources who shall decide.

(8) Nothing provided for in this section shall be construed to be inconsistent with or in violation of section 310 or 312 of this title.
3 V.S.A. § 2201 — VT Code / Title 3 / Chapter 45 / Section 2201
§ 2201. Definitions
Status: in_force

In this chapter, the following words mean:

(1) Agency: The Agency of Administration;

(2) Secretary: The head of the Agency, a member of the Governor's Cabinet, who is responsible to the Governor for the administration of the Agency;

(3) Department: A major component of the Agency;

(4) Commissioner: The head of a department, who is responsible to the Secretary for the administration of the department;

(5) Division: A major component of a department or of the Agency;

(6) Director: The head of a division of the Agency.
3 V.S.A. § 631 — VT Code / Title 3 / Chapter 21 / Section 631
§ 631. Group insurance for State employees; salary deductions for insurance, savings plans, and credit unions
Status: repealed

(a)(1) The Secretary of Administration may contract on behalf of the State with any insurance company or nonprofit association doing business in this State to secure the benefits of franchise or group insurance. The terms of coverage under the policy shall be determined under section 904 of this title, but it may include:

(A) life, disability, health, and accident insurance and benefits for any class or classes of State employees; and

(B) hospital, surgical, and medical benefits for any class or classes of State employees or for those employees and any class or classes of their dependents.

(2)(A)(i) As used in this section, the term “employees” includes any class or classes of elected or appointed officials, State's Attorneys, sheriffs, employees of State's Attorneys' offices whose compensation is administered through the State of Vermont payroll system, except contractual and temporary employees, and deputy sheriffs paid by the State of Vermont pursuant to 24 V.S.A. § 290(b). The term “employees” shall not include members of the General Assembly as such, any person rendering service on a retainer or fee basis, members of boards or commissions, or persons other than employees of the Vermont Historical Society, the Vermont Film Corporation, the Vermont State Employees' Credit Union, Vermont State Employees' Association, and the Vermont Council on the Arts, whose compensation for service is not paid from the State Treasury, or any elected or appointed official unless the official is actively engaged in and devoting substantially full-time to the conduct of the business of the official's public office.

(ii) For purposes of group hospital-surgical-medical expense insurance, the term “employees” shall include employees as defined in subdivision (i) of this subdivision (2)(A) and former employees as defined in this subdivision who are retired and are receiving a retirement allowance from the Vermont State Retirement System or the State Teachers' Retirement System of Vermont and, for the purposes of group life insurance only, are retired on or after July 1, 1961 and have completed 20 creditable years of service with the State before their retirement dates and are insured for group life insurance on their retirement dates.

(iii) For purposes of group hospital-surgical-medical expense insurance only, the term “employees” shall include employees as defined in subdivision (i) of this subdivision (2)(A) and employees who are receiving a retirement allowance based upon their employment with the Vermont State Employees' Association, the Vermont State Employees' Credit Union, the Vermont Council on the Arts, as long as they are covered as active employees on their retirement date, and:

(I) they have at least 20 years of service with that employer; or

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

(B) The premiums for extending insurance coverage to employees shall be paid in full by the Vermont Historical Society, the Vermont Film Corporation, the Vermont State Employees' Association, the Vermont State Employees' Credit Union, the Vermont Council on the Arts, or their respective retirees. Nothing herein creates a legal obligation on the part of the State of Vermont to pay any portion of the premiums required to extend insurance coverage to this group of employees.

(3) The term “dependents” shall include only an employee's spouse, or an employee's unmarried child. However, no person may be covered both as an employee and as a dependent, and no person may be considered as a dependent of more than one employee. The term “child” shall, in addition to an employee's own or lawfully adopted children, include such stepchildren, foster children, children under adoptive supervisory placement, and other children as depend upon the employee for support and maintenance.

(4), (5) [Repealed.]

(6) The State Treasurer and Commissioner of Human Resources, with the approval of the Governor, shall deduct from a State employee's compensation such amounts for group insurance or assessments for benefits for dependents as defined in subdivision (3) of this subsection when so requested by the employee and shall apply the same forthwith to the cost of such benefits.

(7) The State Treasurer and the Commissioner of Human Resources, with the consent of the Governor, shall deduct from any State employee's compensation such amounts as the employee may request for U.S. savings bonds, Vermont State Employees' Credit Union, any employee organization certified by the State Labor Relations Board as of July 1, 1977 so long as the employee organization retains that certification, or for charitable pledges or for other purposes as determined by the Governor or through collective bargaining and shall pay the same forthwith to the payee.

(8) The provisions of this section shall include the employees in any or all State departments whether office employees or otherwise.

(9) The amount of life insurance for any retired employee shall be reduced and limited to $10,000.00 on the date of his or her retirement. The provisions of this section shall apply to all retirees who complete 20 creditable years of service with the State before their retirement and are insured for group life insurance on their retirement dates. The total premiums for group life insurance provided under this section and section 632 of this title shall be paid by the State on behalf of employees retired in accordance with the terms of subdivision (2) of this subsection, on behalf of employees who are on sick leave without pay for a period not to exceed 12 months and on behalf of any employee on disability retirement until proof of total and permanent disability has been accepted by the insurance company.

(10) The Secretary of Administration shall not contract for any group hospital-surgical-medical expense insurance that provides a Medicare Advantage plan or similar plan established pursuant to Title XVIII of the Social Security Act without the explicit agreement of all employee organizations certified pursuant to chapters 27 and 28 of this title.

(b) [Repealed.]

(c)(1) At least every five years, the Secretary of Administration shall advertise for bids on the insurance contracts and shall award the contract to the person whose bid or quotation is in the best interest of the State. The Secretary of Administration may reject any bids or quotations and may request additional bids. Upon publication of the request for proposals, health care professional and trade associations may register with the Secretary of Administration to be provided a list of bidders. Such associations may then submit information about the business practices of the bidders for the Secretary of Administration to consider in the course of evaluating bids and request meetings with the Secretary to discuss the information.

(2) [Repealed.]

(3) At least annually, the Secretary shall hold discussions with established health care professional and trade associations in regard to provider regulation, provider reimbursement, or quality of health care.

(d) Notwithstanding any other provision of this section to the contrary and in addition to the powers and duties described in sections 2852 and 2853 of this title and 10 V.S.A. § 2603, the Secretary of Natural Resources, through the Commissioner of Forests, Parks and Recreation, is authorized to expend funds for purposes of continuing employee medical insurance benefits provided to seasonal temporary State employees by their off-season employers. Any expenditure shall be subject to the following limitations:

(1) Funds may be paid either directly to the benefit provider or to the off-season employer as a reimbursement.

(2) The total amount paid for any temporary employee medical insurance reimbursement shall not exceed the costs of group medical benefits for a permanent State employee as determined by the Commissioner of Human Resources, and it shall be within the discretion of the Commissioner of Forests, Parks and Recreation to pay some lesser amount than the maximum.

(3) The Commissioner of Forests, Parks and Recreation shall establish written guidelines regarding the administration of this program, subject to the approval of the Commissioner of Human Resources.

(4) The amount expended by the Commissioner for this program shall be limited to the amount directly saved by the Department of Forests, Parks and Recreation on expenses, such as advertising, unemployment compensation, and training, as a result of encouraging the return to State seasonal employment by seasonal employees who have consistent off-season employment.
3 V.S.A. § 848 — VT Code / Title 3 / Chapter 25 / Section 848
§ 848. Rules repeal; amendment of authority; notice by agency
Status: repealed

(a) Repeal by operation of law. A rule shall be repealed without formal proceedings under this chapter if:

(1) the agency that adopted the rule is abolished and its authority, specifically including its authority to implement its existing rules, has not been transferred to another agency;

(2) a court of competent jurisdiction has declared the rule to be invalid; or

(3) the statutory authority for the rule, as stated by the agency under subdivision 838(a)(10) of this title, is repealed by the General Assembly or declared invalid by a court of competent jurisdiction.

(b) Notice to Secretary of State; deletion. When a rule is repealed by operation of law under this section, the agency that adopted the rule shall notify the Secretary of State in such manner as the Secretary may prescribe by rule or procedure, and the Secretary shall delete the rule from the published code of administrative rules.

(c) Repeal for nonpublication.

(1) On July 1, 2018, a rule shall be repealed without formal proceedings under this chapter if:

(A) as of July 1, 2016, the rule was in effect but not published in the code of administrative rules; and

(B) the rule is not published in such code before July 1, 2018.

(2) An agency seeking to publish a rule described in subdivision (1) of this subsection may submit a digital copy of the rule to the Secretary of State with proof acceptable to the Secretary that as of July 1, 2016 the rule was adopted and in effect under this chapter and the digital copy consists of the text of such rule without change.

(d) Amendment of authority for rule.

(1) If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is amended by the General Assembly, and the amendment does not transfer authority from the adopting agency to another agency, the agency within 30 days following the effective date of the statutory amendment shall review the rule and make a written determination as to whether the statutory amendment repeals the authority upon which the rule is based or requires revision of the rule and shall submit a copy of this written determination to the Secretary of State and the Legislative Committee on Administrative Rules, in such manner as the Secretary may prescribe by rule or procedure.

(2) If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is transferred by act of the General Assembly to another agency, the agency to which the authority is transferred shall provide notice of the transfer, in such manner as the Secretary of State may prescribe by rule or procedure, within 30 days following the effective date of the statutory amendment, to the Secretary and the Legislative Committee on Administrative Rules.
3 V.S.A. § 902 — VT Code / Title 3 / Chapter 27 / Section 902
§ 902. Definitions
Status: repealed

As used in this chapter:

(1) “Board” means the State Labor Relations Board established under section 921 of this title.

(2) “Collective bargaining” or “bargaining collectively” means the process of negotiating terms, tenure, or conditions of employment between the State of Vermont, the Vermont State Colleges, the University of Vermont, or the Department of State's Attorneys and Sheriffs and representatives of employees with the intent to arrive at an agreement that, when reached, shall be reduced to writing.

(3) “Collective bargaining unit” means the employees of an employer, being either all of the employees, the members of a department or agency, or such other unit or units as the Board may determine are most appropriate to best represent the interests of employees.

(4) “Employee” means a State employee as defined by subdivision (5) of this section except as the context requires otherwise.

(5) “State employee” means any individual employed on a permanent or limited-status basis by the State of Vermont, the Vermont State Colleges, the University of Vermont, the State's Attorneys' offices, or as a full-time deputy sheriff paid by the State pursuant to 24 V.S.A. § 290(b), including permanent part-time employees, and an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, but excluding an individual:

(A) exempt or excluded from the State classified service under the provisions of section 311 of this title, except that the State Police in the Department of Public Safety; employees of the Defender General, excluding attorneys employed directly by the Defender General and attorneys contracted to provide legal services; deputy State's Attorneys; employees of State's Attorneys' offices; and full-time deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) are included within the meaning of “State employee”;

(B) employed in the Office of the Lieutenant Governor;

(C) employed as the legal assistant to the Attorney General authorized by section 155 of this title;

(D) employed as a department or agency head or deputy officer not included in section 311 of this title, head of an institution or as a division director in the Agency of Administration, and similar positions in the Vermont State Colleges or the University of Vermont;

(E) employed by any other person who is not an employer as defined in subdivision (7) of this section;

(F) employed as a managerial employee;

(G) employed in the classified service as a private secretary within the meaning of subdivision 311(a)(3) of this title;

(H) employed in the Department of Human Resources;

(I) employed in the Department of Finance and Management as a budget and management analyst, a revenue research analyst, director of budget and management operations, director of program formulation and evaluation, and director of State information systems;

(J) determined after hearing by the Board, upon petition of any individual desiring exclusion, of the employer, or of a collective bargaining unit, to be in a position that is so inconsistent with the spirit and intent of this chapter as to warrant exclusion; or

(K) employed as a confidential employee.

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

(7)(A) “Employer” means the State of Vermont, excluding the Legislative and Judiciary Departments, represented by the Governor or designee, the Office of the Defender General represented by the Defender General or designee, Vermont State Colleges represented by the Chancellor or designee, and the University of Vermont represented by the President or designee.

(B) With respect to employees of State's Attorneys' offices and full-time deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b), “employer” means the Department of State's Attorneys and Sheriffs represented by the Executive Director or designee. Nothing in this subdivision (7)(B) shall be construed to affect a sheriff's deputation authority pursuant to 24 V.S.A. § 307(a).

(8) “Strike” means any concerted stoppage of work by employees and any concerted slowdown, interference, or interruption of operations or services by employees. For purposes of this chapter, “strike” also includes boycotts of any kind, picketing, refusal to use any products or services or to work or cooperate with any person by employees in the course of their employment when properly directed to do so by the employer or any lawfully constituted supervisor or superior.

(9) “Labor dispute” includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

(10) “Person” includes one or more individuals, the State of Vermont, Vermont State Colleges, University of Vermont, Department of State's Attorneys and Sheriffs, employee organizations, labor organizations, partnerships, corporations, legal representatives, trustees, or any other natural or legal entity whatsoever.

(11) “Representatives” includes any individual or individuals certified by the Board to represent employees or employee organizations in collective bargaining or grievance proceedings.

(12) “State Police member” means any member of the Department of Public Safety assigned to law enforcement and police duties.

(13) [Repealed.]

(14) “Grievance” means an employee's, group of employees', or the employee's collective bargaining representative's expressed dissatisfaction, presented in writing, with aspects of employment or working conditions under a collective bargaining agreement or the discriminatory application of a rule or regulation, that has not been resolved to a satisfactory result through informal discussion with immediate supervisors.

(15) “Complaint” means an employee's, or group of employees', informal expression to the immediate supervisor of dissatisfaction with aspects of employment or working conditions under a collective bargaining agreement.

(16) “Supervisory employee” means an individual finally determined by the Board as having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.

(17) “Confidential employee” means an employee finally determined by the Board as having responsibility or knowledge or access to information relating to collective bargaining, personnel administration, or budgetary matters that would make membership in or representation by an employee organization incompatible with the employee's official duties.

(18) “Managerial employee” is an individual finally determined by the Board as being in an exempt or classified position that requires the individual to function as an agency, department, or institution head; a major program or division director; a major section chief; or director of a district operation.

(19) “Collective bargaining service fee” means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, which is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee. The collective bargaining service fee shall not exceed 85 percent of the amount payable as dues by members of the employee organization and shall be deducted in the same manner as dues are deducted from the salary or wages of members of the employee organization and shall be used to defray the costs of chargeable activities.
3 V.S.A. § 972 — VT Code / Title 3 / Chapter 27 / Section 972
§ 972. Definitions
Status: in_force

As used in this subchapter:

(1) “Department head” means a secretary of an agency, commissioner of a department, director of an office, or any other appointing authority in charge of an agency of State government.

(2) “Illegal order” means a directive to violate, or to assist in violating, a federal, State, or local law.

(3) “Public body” means:

(A) a department head or employee specifically designated or assigned to receive a complaint that constitutes protected activity under this chapter;

(B) a board or commission of State government;

(C) the Vermont State Auditor;

(D) a State or federal agency that oversees the activities of a State agency;

(E) a law enforcement officer as defined in 20 V.S.A. § 2358(d)(1);

(F) a federal or State court, grand jury, petit jury, law enforcement agency, or prosecutorial office;

(G) the General Assembly or the U.S. Congress; or

(H) an officer or employee of an entity listed in this subdivision (3) when acting within the scope of his or her duties.

(4) “Retaliatory action” includes any adverse performance or disciplinary action, including discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance warning period, or involuntary transfer or reassignment, that is given in retaliation for the State employee's involvement in a protected activity, as set forth in section 973 of this title.

(5) “State employee” means an individual employed on a permanent or limited status basis by the State of Vermont.
3 V.S.A. § 118 — VT Code / Title 3 / Chapter 5 / Section 118
§ 118. Collection and disposition of revenue
Status: in_force

(a) There is hereby created a Secretary of State Services Fund. The Fund shall be used to provide appropriations for the operations of the Office of the Secretary of State, with the exception of those operations provided for in chapter 5, subchapter 3 of this title. The Fund shall be administered as a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5. At the end of each fiscal year, the unobligated balance in this Fund shall be transferred to the General Fund.

(b) All revenues collected by the Secretary of State shall be deposited into the Secretary of State Services Fund except for the following revenues:

(1) any revenues collected by the Office of Professional Regulation set forth in chapter 5, subchapter 3 of this title; and

(2) any revenues collected pursuant to subsection 117(k) of this title.

(c) The Secretary of State shall have the authority to collect and deposit into the Secretary of State Services Fund revenues generated from optional services offered in the normal course of business, including for one-time or periodic sales of data by subscription or other contractual basis.
3 V.S.A. § 464 — VT Code / Title 3 / Chapter 16 / Section 464
§ 464. Accidental and occupationally related death benefit
Status: in_force

(a) If the Retirement Board shall find on the basis of such evidence as may come before it that a Group A, Group D, Group F, or Group G member in service died prior to his or her retirement under the system as the natural and proximate result of an accident occurring at a definite time and place during the course of his or her performance of duty as an employee and that such accident was not the result of the member's own gross negligence or willful misconduct, a retirement allowance shall be paid to the member's designated dependent beneficiary during the member's life.

(b) If the Retirement Board shall find on the basis of such evidence as may come before it that a Group C member in service died prior to his or her retirement under the system as the natural and proximate result of an accident occurring at a definite time and place during the course of his or her performance of duty as an employee and that such accident was not the result of his or her own gross negligence or willful misconduct, a retirement allowance shall be paid to his or her dependent spouse during her or his life, or if there be no dependent spouse, or if the dependent spouse dies before the youngest child of the deceased member has attained age 18, age 23 in the case of a dependent student, then to his or her child or children under said age until the youngest of such children attains such age, divided in such manner as the Retirement Board in its discretion shall determine, provided that the total annual payments to all such children shall not exceed the retirement allowance that would have been payable to the dependent spouse. If a member leaves no dependent spouse or child under said age upon his or her death, then a retirement allowance may be payable at the discretion of the Retirement Board to his or her dependent parent or parents, provided that the total allowance payable shall not exceed the retirement allowance that would have been payable to the dependent spouse. In the case of the payment of a retirement allowance under this section to a child of a deceased Group C member who is a dependent student, the retirement allowance shall continue while such child remains a dependent student until he or she attains age 23.

(c) The retirement allowance payable to the dependent spouse of a deceased member under this section shall be equal to 25 percent of the member's average final compensation at the time of his or her death.

(d) Notwithstanding subsection (c) of this section, a dependent spouse of a deceased Group C member under this section shall receive as a minimum an allowance that:

(1) If his or her compensation from the State was not subject to Social Security withholding will; or

(2) If his or her compensation from the State was subject to Social Security withholding will, when added to survivor's insurance benefit, be equal to 35 percent of average final compensation plus 10 percent of average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, who has not attained age 23. Where, pursuant to this section, a retirement allowance is payable to a child or parent eligible for a survivor's insurance benefit the allowance payable under this subsection shall be inclusive of such person's survivor's insurance benefit.

(e) The retirement allowance payable to a dependent spouse under this section who also qualifies for an ordinary death benefit under section 465 of this title shall in no event be less than the death benefit that would otherwise be payable to such spouse under section 465 of this title.
3 V.S.A. § 838 — VT Code / Title 3 / Chapter 25 / Section 838
§ 838. Filing of proposed rules
Status: in_force

(a) Filing; information. Proposed rules shall be filed with the Secretary of State in a format determined by the Secretary that includes the following information:

(1) The name of the agency and the subject or title of the rule.

(2) An analysis of economic impact.

(3) An analysis of environmental impact.

(4) An explanation of all material incorporated by reference, if any.

(5) The text of the proposed rule.

(6) An annotated text showing changes from existing rules. The annotated text of the rule shall include markings to indicate clearly changed wording from any existing rule.

(7) An explanation of the strategy for maximizing public input on the proposed rule as prescribed by the Interagency Committee on Administrative Rules.

(8) A brief summary of the scientific information upon which the proposed rule is based, to the extent the proposed rule depends on scientific information for its validity. The summary shall refer to the scientific studies on which the proposed rule is based and shall explain the procedure for obtaining such studies from the agency.

(9) A concise summary in plain language explaining the rule and its effect.

(10) The specific statutory authority for the rule, and, if none exists, the general statutory authority for the rule.

(11) An explanation of why the rule is necessary.

(12) An explanation of the people, enterprises, and government entities affected by the rule.

(13) The name, address, and telephone number of an individual in the agency able to answer questions and receive comments on the proposal.

(14) A proposed schedule for completing the requirements of this chapter, including, if there is a hearing scheduled, the date, time, and place of that hearing and a deadline for receiving comments.

(15) Whether the rule contains an exemption from inspection and copying of public records or otherwise contains a Public Records Act exemption by designating information as confidential or limiting its public release and, if so, the asserted statutory authority for the exemption and a brief summary of the reason for the exemption.

(16) A signed and dated statement by the adopting authority approving the contents of the filing.

(b) Economic impact analysis; rules affecting small businesses and school districts.

(1) General requirements. The economic impact analysis shall analyze the anticipated costs and benefits to be expected from adoption of the rule. Specifically, each economic impact analysis shall, for each requirement in the rule:

(A) list each category of people, enterprises, and government entities potentially affected and estimate for each the costs and benefits anticipated; and

(B) compare the economic impact of the rule with the economic impact of other alternatives to the rule, including having no rule on the subject or a rule having separate requirements for small businesses.

(2) Small businesses. When a rule provides for the regulation of a small business, in the economic impact analysis, the agency shall include, when appropriate, a specific and clearly demarcated evaluation of ways by which a small business can reduce the cost and burden of compliance by specifying less numerous, detailed, or frequent reporting requirements or alternative methods of compliance. When an agency determines that such an evaluation is not appropriate, the economic impact statement shall briefly explain the reasons for this determination.

(A) An agency shall also include in this evaluation its consideration of creative, innovative, or flexible methods of compliance with the rule when the agency finds, in writing, that these methods of compliance would not:

(i) significantly reduce the effectiveness of the rule in achieving the objectives or purposes of the statutes being implemented or interpreted;

(ii) be inconsistent with the language or purpose of statutes that are implemented or interpreted by the rule; or

(iii) increase the risk to the health, safety, or welfare of the public or to the beneficiaries of the regulation or compromise the environmental standards of the State.

(B) This subdivision (2) shall not apply when the regulation is incidental to:

(i) a purchase of goods or services by the State or an agency thereof; or

(ii) the payment for goods or services by the State or an agency thereof for the benefit of a third party.

(3) School districts. If a rule affects or provides for the regulation of public education and public schools, the economic impact analysis shall include a specific and clearly demarcated evaluation of the cost implications to local school districts and school taxpayers and shall clearly state the associated costs. This evaluation also shall include consideration of alternatives to the rule, including having no rule on the subject, that would reduce or ameliorate costs to local school districts while achieving the objectives or purposes of the proposed rule.

(4) Most appropriate method. In addition, each economic impact analysis shall conclude that the rule is the most appropriate method of achieving the regulatory purpose. Only employees of the agency and information either already available to the agency or available at reasonable cost need be used in preparing economic impact analyses.

(c) Environmental impact analysis. The environmental impact analysis shall:

(1) Analyze the anticipated environmental impacts, whether positive or negative, from adoption of the rule. Examples of environmental impacts include the emission of greenhouse gases; the discharge of pollutants to water; and effects on the ability of the environment to provide benefits such as food and fresh water, regulation of climate and water flow, and recreation.

(2) Compare the environmental impact of the rule with the environmental impact of other alternatives to the rule, including having no rule on the subject.

(d) Incorporation by reference.

(1) A rule may incorporate by reference all or any part of a code, standard, or rule that has been adopted by an agency of the United States, this State, or another state or by a nationally recognized organization or association, if:

(A) repeating verbatim the text of the code, standard, or rule in the rule would be unduly cumbersome, expensive, or otherwise inexpedient; and

(B) the reference in the rule fully identifies the incorporated code, standard, or rule by citation, date, and place where copies are available.

(2) Materials incorporated by reference shall be readily available to the public. As used in this subsection, “readily available” means that all of the following apply:

(A) Each filing states where copies of the incorporated code, standard, or rule are available in written or electronic form from the agency adopting the rule or the agency of the United States, this State, another state, or the organization or association originally issuing the code, standard, or rule.

(B) A copy of the code, standard, or rule is made available for public inspection at the principal office of the agency and is available at that office for copying in the manner set forth in 1 V.S.A. § 316 and subject to the exceptions set forth in 1 V.S.A. § 317(c).

(C) The incorporated code, standard, or rule is made available for free public access online unless the agency is prevented from providing such access by law or legally enforceable contract.
3 V.S.A. § 2101 — VT Code / Title 3 / Chapter 43 / Section 2101
§ 2101. Creation
Status: in_force

A cabinet is created in the Executive Branch of government that shall consist of the Secretaries of such agencies as are created by law. (1969, No. 244 (Adj. Sess.), § 1, eff. Jan. 10, 1971.)
3 V.S.A. § 577 — VT Code / Title 3 / Chapter 19 / Section 577
§ 577. Rules
Status: in_force

The State agency shall adopt rules, consistent with the provisions of this chapter, as it finds necessary or appropriate for the efficient administration of the functions with which it is charged under this chapter.
3APPENDIX V.S.A. § 45 — VT Code / Title 3APPENDIX / Chapter 20 / Section 45
§ 20-45. Exec. Order No. 20-45 (No. 07-12) [Designation of The National Incident Management System (NIMS) as the Basis for all Incident Management in the State]
Status: in_force

WHEREAS, Homeland Security Directive (HSPD)-5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS) to provide a consistent nationwide approach for Federal, State, local, and tribal governments to work together to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and

WHEREAS, Presidential Policy Directive (PPD)-8 describes the approach to national preparedness, including the National Preparedness System, as the instrument the nation will employ to build, sustain, and deliver core capabilities; and

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources improve the State's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and

WHEREAS, the Incident Command System components of NIMS are integral to various incident management activities, including emergency management training programs.

NOW THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby re-establish the National Incident Management System (NIMS) as the State standard for incident management.

This Order supersedes and replaces Executive Order # 03-05 (codified as No. 20-31).

Dated April 12, 2012.
3 V.S.A. § 3021 — VT Code / Title 3 / Chapter 53 / Section 3021
§ 3021. 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. § 3901 — VT Code / Title 3 / Chapter 59 / Section 3901
§ 3901. Findings and purpose
Status: in_force

(a) Recognizing that the economic well-being and social equity of every Vermonter has long been a fundamental concern of the State, it remains evident that poverty continues to be the lot of a substantial number of Vermont's population. It is the policy of this State to help develop the full potential of each of its citizens so they can contribute to the fullest extent possible to the life of our communities and the State as a whole.

(b) It is the purpose of this chapter to strengthen, supplement, and coordinate efforts that further this policy through:

(1) the strengthening of community capabilities for planning, coordinating, and managing federal, State, and other sources of assistance related to the problem of poverty;

(2) the better organization and utilization of a range of services related to the needs of the poor; and

(3) the broadening of the resource base of programs to secure a more active role in assisting the poor from business, labor, and other groups from the private sector.
3 V.S.A. § 3088 — VT Code / Title 3 / Chapter 53 / Section 3088
§ 3088. Department of Vermont Health Access
Status: in_force

The Department of Vermont Health Access is created within the Agency of Human Services.
3APPENDIX V.S.A. § 66 — VT Code / Title 3APPENDIX / Chapter 3 / Section 66
§ 3-66. Exec. Order No. 3-66 (No. 01-15) [Revocation of Certain Executive Orders]
Status: in_force

WHEREAS, Governors have created various executive orders over the years, some of which have become obsolete by the passage of time or by other provisions of law; and

WHEREAS, Governors have periodically sought to update existing executive orders, including by revoking and rescinding orders that no longer serve the purpose for which they were enacted;

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby revoke and rescind the Executive Orders listed below:

I. Orders Revoked.

Chapter 3: Executive

Executive Order No. 01-94 (codified as No. 3-26) dated January 12, 1994 (Abolition of Department of Taxes and Creation of Department of Revenue);

Chapter 10: Conservation and Development

Executive Order No. 24-86 (codified as No. 10-8) dated June 11, 1986 (Program for Recycling of Waste Products and Revision of State Solid Waste Management Plan);

Chapter 15: Domestic Relations

Executive Order No. 16-11 (codified as No. 15-10) dated November 17, 2011 (Governor's Prevention of Domestic and Sexual Violence Task Force);

Chapter 18: Health

Executive Order No. 12-11 (codified as No. 18-21) dated September 20, 2011 (Designation of Vermont State Hospital at Springfield, Vermont);

Chapter 20: Internal Security and Public Safety

Executive Order No. 12-85 (codified as No. 20-2) dated July 15, 1985 (Activation of Vermont National Guard for Assistance of Civilian Authorities in City of Barre);

Executive Order No. 51-87 (codified as No. 20-3) [undated] (Order Into Service of Vermont National Guardsmen for Assistance to Civilians and Authorities of State and Bennington County);

Executive Order No. 77-89 (codified as No. 20-5) dated August 8, 1989 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Washington County);

Executive Order No. 6-91 (codified as No. 20-7) dated May 1, 1991 (Utilization of National Guard to Carry Out Vermont's Drug Enforcement Support Plan);

Executive Order No. 3-95 (codified as No. 20-8) dated July 29, 1995 (Activation of National Guard to Assist Vermont State Police and the City of Burlington);

Executive Order No. 4-95 (codified as No. 20-9) dated August 8, 1995 (Declaration of State of Emergency for Caledonia, Chittenden, Essex, Lamoille, Orleans and Washington Counties);

Executive Order No. 5-95 (codified as No. 20-10) dated August 8, 1995 (Activation of National Guard to Assist State and Local Officials in Stabilizing Conditions Resulting From Flooding);

Executive Order No. 8-96 (codified as No. 20-11) dated January 24, 1996 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for State of Vermont);

Executive Order No. 11-96 (codified as No. 20-12) dated June 14, 1996 (Declaration of State of Emergency for Windham and Windsor Counties);

Executive Order No. 12-96 (codified as 20-13) dated June 14, 1996 (Activation of National Guard to Assist in Flood Recovery Operations in Windham County);

Executive Order No. 1-97 (codified as No. 20-14) dated July 15, 1997 (Declaration of State of Emergency for Franklin, Lamoille, and Orleans Counties);

Executive Order No. 2-97 (codified as No. 20-15) dated July 15, 1997 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Franklin, Lamoille, and Orleans Counties);

Executive Order No. 1-98 (codified as 20-16) dated January 8, 1998 (Declaration of State of Emergency for Grand Isle County);

Executive Order No. 2-98 (codified as No. 20-17) dated January 8, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Grand Isle County);

Executive Order No. 3-98 (codified as No. 20-18) dated January 9. 1998 (Declaration of State of Emergency for Chittenden, Franklin, and Addison Counties);

Executive Order No. 4-98 (codified as No. 20-19) dated January 9, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Chittenden, Franklin, and Addison Counties);

Executive Order No. 6-98 (codified as No. 20-20) dated June 28, 1998 (Declaration of State of Emergency for Addison, Orange, Washington, and Windsor Counties);

Executive Order No. 7-98 (codified as No. 20-21) dated June 28, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Addison, Orange, Washington, and Windsor Counties);

Executive Order No. 8-99 (codified as No. 20-22) dated July 8, 1999 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Town of Springfield);

Executive Order No. 9-99 (codified as No. 20-23) dated July 8, 1999 (Activation of National Guard to Assist in Recovery Operations and Security in Town of Springfield);

Executive Order No. 5-00 (codified as No. 20-25) dated July 17, 2000 (Declaration of State of Emergency and Activation of Emergency-Disaster Preparedness Plan for Addison, Bennington, Windham and Windsor Counties);

Executive Order No. 5-02 (codified as No. 20-28) dated June 12, 2002 (Declaration of State of Emergency for the County of Caledonia);

Executive Order No. 5-05 (codified as No. 20-32) dated September 2, 2005 (Activation of National Guard to Assist in Hurricane Recovery Operations and Security in the State of Louisiana);

Executive Order No. 4-07 (codified as No. 20-34) dated April 17, 2007 (Declaration of State of Emergency and Activation of Emergency Operations Plan for State of Vermont), and addendum dated April 24, 2007;

Executive Order No. 5-08 (codified as No. 20-37) dated December 15, 2008 (Declaration of State of Emergency and Activation of Emergency Operations Plan for Bennington, Orange, Windham, and Windsor Counties), and addendum dated December 22, 2008;

Chapter 30: Public Service

Executive Order No. 56-81 (codified as No. 30-2) dated January 13, 1981 (Transfer of Energy Office From Agency of Administration to Department of Public Service);

Executive Order No. 9-94 (codified as No. 30-3) dated May 20, 1994 (Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line);

Executive Order No. 9-95 (codified as No. 30-4) dated December 28, 1995 (Extension of Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line);

Executive Order No. 10-12 (codified as No. 30-10) dated October 2, 2012 (Governor's Energy Generation Siting Policy Commission);

Chapter 32: Taxation and Finance

Executive Order No. 32-86 (codified as No. 32-1) dated November 6, 1986 (Allocation of 1986 State Ceiling on Tax Exempt Private Activity Bonds);

Executive Order No. 38-87 (codified as No. 32-2) dated January 30, 1987 (Interim Allocations of 1987 State Ceiling on Tax Exempt Private Activity Bonds);

Executive Order No. 55-87 (codified as No. 32-5) dated December 29, 1987 (Allocation of 1987 State Ceiling on Tax Exempt Private Activity Bonds);

Executive Order No. 14-11 (codified as No. 32-9) dated November 2, 2011 (Private Activity Bond Advisory Committee), superseded by 32 V.S.A. § 994.

II. Effective Date.

This Executive Order shall take effect upon signing.

Dated February 13, 2015
3APPENDIX V.S.A. § 39 — VT Code / Title 3APPENDIX / Chapter 29 / Section 39
§ 29-39. Exec. Order No. 29-39 (No. 02-08) [Transfer of Land in Bennington from the Agency of Transportation to the Agency of Natural Resources]
Status: reserved

WHEREAS, certain lands and rights hereinafter described and located in the Town of Bennington, County of Bennington, and State of Vermont, and known as Whipstock Hill, are presently under the jurisdiction and control of the State of Vermont, Agency of Transportation; and

WHEREAS, the Agency of Transportation desires to transfer to the Agency of Natural Resources, Department of Fish and Wildlife, a certain parcel of land to be used as a deer wintering area; and

WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife will, upon transfer, be responsible for the management of a designated deer wintering habitat area and associated forested habitat buffer zone, on the parcel described below;

NOW THEREFORE, I, James H. Douglas, by the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Natural Resources, Department of Fish and Wildlife, a parcel of land, being more particularly described as follows:

Being part of the same lands and premises conveyed to the State of Vermont, Agency of Transportation by Woodland Heights Realty Company by Warranty Deed dated March 16, 2000, which is recorded in Book 359, Page 155 of the Town of Bennington Land Records, and being more particularly described as follows:

Being a parcel of land, as shown on a plat entitled “Bennington - Hoosick, NY D.P.I. 0146(1) Whipstock Hill Deer Mitigation Unit” date of Survey: November 15, 2005 and which plat is dated September 6, 2007 and attached hereto and made a part hereof.

Being Parcel #1B2 consisting of 349.7 Acres, more or less, and Parcel #1B3 consisting of 75.1 Acres, more or less, land and rights therein, as shown on the aforementioned plans of said Highway Project Bennington - Hoosick, NY D.P.I. 0146(1) to be recorded in the office of the Clerk of the Town of Bennington.

Reference also may be made to Parcel 1B as shown on pages 43-48 of the plans of Highway Project Bennington-Hoosick D.P.I. 0146(1) as filed in the office of the Clerk of the Town of Bennington in aid of a more complete description.

Except and reserved from this transfer is the continued right on the part of the State of Vermont, Agency of Transportation to:

— limit access, air, view and light, including all rights of ingress, egress and regress to, from, between and across the above described parcel and the limited-access highway facility known as Vermont Route 279.

— limit building of any structures over a maximum elevation above sea level of 840 feet.

Also excepted and reserved from this transfer are rights to build, maintain, and replace a certain air navigation beacon, along with a right-of-way to the beacon, all as more particularly described in a Warranty Deed dated March 8, 1973 from Ferdinand L. Mayer and Katherine D. Mayer to the State of Vermont Aeronautics Board, which is recorded in Book 0-201 and Page 174 of the land records of the Town of Bennington.

In the event that the parcel of land transferred by this executive order is not used for the purposes described above, it will revert to the control of the Agency of Transportation.

This Executive Order shall take effect upon execution.

Dated April 10, 2008.
3 V.S.A. § 53 — VT Code / Title 3 / Chapter 3 / Section 53
§ 53. Copies
Status: in_force

The Secretary shall make copies of records in his or her office, attested under his or her seal, for the fees provided by law, and full faith and credit shall be given to such copies.
3APPENDIX V.S.A. § 21 — VT Code / Title 3APPENDIX / Chapter 18 / Section 21
§ 18-21. Exec. Order No. 18-21 (No. 12-11) [Designation of VSH at Springfield, Vermont]
Status: in_force

Revoked and rescinded by Executive Order No. 01-15 (codified as Executive Order 3-66), dated February 13, 2015.
3APPENDIX V.S.A. § 51 — VT Code / Title 3APPENDIX / Chapter 3 / Section 51
§ 3-51. Exec. Order No. 3-51 (No. 01-10) [Transfer of Certain Personnel Positions Within State Government to the Department of Human Resources]
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, it is desirable to reorganize the departments and divisions of government by better coordinating certain activities and improve the coordination and effectiveness of services to the public; and

WHEREAS, the Governor, pursuant to 3 V.S.A. § 209, may transfer, temporarily or permanently, subordinates of any one department to another, as the needs of the State require and shall “provide for and require a practical working system to insure efficiency and mutual helpfulness among the departments” of State government; and

WHEREAS, the Department of Human Resources is required to provide for centralized human resources management, 3 V.S.A. § 2283(a), and to administer the State of Vermont's workforce, including personnel administration, labor relations, workforce training, and benefits, 3 V.S.A. § 309et seq.; and

WHEREAS, presently, personnel functions are performed by employees within state agencies and departments who are not subject to the authority of the Department of Human Resources; and

WHEREAS, the State could improve and enhance its ability to provide services to the public through the transfer of all personnel functions and associated positions within agencies and departments to the Department of Human Resources.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me by 3 V.S.A., chapter 41 as Governor, do hereby:

1. Transfer, effective July 1, 2010, the following positions and incumbents from the Agencies and Departments designated below to the Department of Human Resources:

Position # Position Title and Agency/Department

Administration

040518 AoA Human Resource Director

040519 Personnel Administrator D

040520 Personnel Administrator D

Human Services

720005 Human Services Personnel Chief

720020 Personnel Administrator D

720016 HR Coordinator

720009 Personnel Administrator D

720018 HR Coordinator

720026 AHS Personnel Assistant

720017 Corrections Human Resources Administrator

720107 AHS Personnel Assistant

720019 Personnel Administrator B

720023 AHS Personnel Assistant

620004 VVH Human Resources Administrator

620179 Personnel Administrator A

720057 AHS Investigation Chief

720056 AHS Investigator

720055 AHS Investigator

Natural Resources

630071 Agency Human Resources Chief

630017 Human Resources Technician

630016 Personnel Administrator C

Transportation

860549 AOT Human Resources Chief

860304 AOT Human Resources Manager

860461 Personnel Administrator C

860003 Personnel Administrator D

860685 Personnel Administrator C

860285 Human Resources Administrator

861702 AOT Human Resources Spec III

861263 Personnel Administrator B

860935 Personnel Administrator D

860118 Personnel Administrator D

860275 AOT Investigator

BISHCA

290089 Personnel Administrator C

Education

770187 Education Human Resource Administrator

Labor

820429 VT DOL Human Resource Admin

820464 Personnel Administrator C

820087 Administrative Assistant B

Military

320105 Personnel Administrator D

Public Safety

330121 Pub Safety Human Resources Manager

330310 Personnel Administrator C

Liquor Control

310002 Personnel Administrator B

Lottery

800012 Personnel Administrator A

2. Transfer, effective July 1, 2010, any and all appropriations associated with the above listed positions from the affected Agencies and Departments to the Department of Human Resources.

3. Transfer, effective July 1, 2010, the functions, equipment, supplies and inventory associated with the above listed positions from the affected Agencies and Departments to the Department of Human Resources.

4. Direct the Commissioner of the Department of Human Resources to define the position duties and take appropriate classification actions prior to the effective date of the transfer. The Commissioner shall also take, with the assistance of the Agency Secretaries and Department Commissioners affected by the transfer, any and all necessary actions to organize, plan and effect an orderly transfer and transition.

This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002(b) and shall take effect on April 16, 2010, unless disapproved by resolution of the General Assembly.

Dated January 14, 2010.
3 V.S.A. § 488 — VT Code / Title 3 / Chapter 16 / Section 488
§ 488. Payment of contributions
Status: in_force

The contributions computed under section 487 of this title together with a pro rata share of the cost of the administration of the Vermont State Retirement System based upon the payroll of the employees of the employer who are members shall be certified by the Retirement Board to the Chief Fiscal Officer of the employer. The amounts so certified shall be a charge against the employer. The Chief Fiscal Officer shall pay to the State Treasurer the amount certified by the Retirement Board as payable under the provisions of this subchapter, and the State Treasurer shall credit such amounts to the Fund of the Vermont State Retirement System.
3APPENDIX V.S.A. § 21 — VT Code / Title 3APPENDIX / Chapter 29 / Section 21
§ 29-21. Exec. Order No. 29-21 (No. 81-89) [Transfer of Lands in Town of Wilmington From Agency of Environmental Conservation, Department of Forests, Parks and Recreation, to Agency of Transportation]
Status: in_force

WHEREAS, it appears that certain lands hereinafter described and located in the Town of Wilmington, County of Windham and State of Vermont and presently under the jurisdiction and control of the Agency of Environmental Conservation; Forests, Parks and Recreation Department; and

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

NOW THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over to the Agency of Transportation jurisdiction and control over certain lands of the Agency of Environmental Conservation; Forests, Parks and Recreation Department for its purposes; said lands being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by Olga Haslund by Warranty Deed dated August 5, 1940 and recorded in Book 31, Page 88 of the Town of Wilmington Land Records; said land being designated as Parcels #26A, 26B, and 26C as shown on Pages 15, 30 and 31 of the plans of Highway Project Wilmington F 010-1 (19), a plat of which is attached hereto and made a part hereof, and with reference to said plat being more particularly described as follows:

Parcel #26A: Beginning at a point in the existing southwesterly right of way boundary of Vermont Route #9, 90 feet distant northeasterly at right angle from approximate station 334 + 10 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Wilmington F 010-1 (19);

thence 437 feet, more or less, southeasterly, easterly and southeasterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 to a point 78 feet distant northeasterly, at right angle from approximate station 338 + 45 of said CL;

thence 100 feet, more or less, southwesterly and crossing said CL to a point 5 feet distant southwesterly at right angle from approximate station 337 + 86 of said CL;

thence 96 feet, more or less, southeasterly to a point 18 feet distant southwesterly at right angle from approximate station 338 + 80 of said CL;

thence 105 feet, more or less, northeasterly and crossing said CL to a point in the aforesaid existing southwesterly right of way boundary of Vermont Route #9, 67 feet distant northeasterly at right angle from approximate station 339 + 43 of said CL;

thence 309 feet, more or less, southeasterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 and crossing said CL to a point 10 feet distant southwesterly at right angle from approximate station 342 + 40 of said CL;

thence 55 feet, more or less, southwesterly to a point 65 feet distant southwesterly at right angle from approximate station 342 + 43 of said CL;

thence 843 feet, more or less, northwesterly and parallel to said CL to a point 65 feet distant southwesterly at right angle from approximate station 334 + 00 of said CL;

thence 155 feet, more or less, northeasterly and crossing said CL to the point of beginning.

Said Parcel #26A contains 2.38 acres, more or less.

Parcel #26B: Beginning at a point existing Vermont Route #9, 140 feet distant northeasterly at right angle from approximate station 334 + 10 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Wilmington F 010- (19);

thence 439 feet, more or less, southeasterly to a point 106 feet distant northeasterly at right angle from approximate station 338 + 47 of said CL;

thence 28 feet, more or less, southwesterly to a point in the existing southwesterly right of way boundary of Vermont Route #9, 78 feet distant northeasterly at right angle from approximate station 338 + 45 of said CL;

thence 437 feet, more or less, northwesterly, westerly and northwesterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 to a point 90 feet distant northeasterly at right angle from approximate station 334 + 10 of said CL;

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

Said Parcel #26B contains 0.34 acre, more or less.

Parcel #26C: Beginning at a point in existing Vermont Route #9, 93 feet distant northeasterly at right angle from approximate station 339 + 47 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Wilmington F 010-1 (19);

thence 313 feet, more or less, southeasterly to a point 20 feet distant northeasterly at right angle from approximate station 342 + 52 of said CL;

thence 31 feet, more or less, southwesterly and crossing said CL to a point in the existing southwesterly right of way boundary of Vermont Route #9, 10 feet distant southwesterly at right angle from approximate station 342 + 40 of said CL;

thence 309 feet, more or less, northwesterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 and crossing said CL to a point 67 feet distant northeasterly at right angle from approximate station 339 + 43 of said CL;

thence 26 feet, more or less, northeasterly to the point of beginning.

Said Parcel #26C contains 0.21 acre, more or less.

Also included in this transfer are the following easements and/or rights required for the construction of Highway Project Wilmington F 010-1 (19):

A temporary easement during the period of construction to enter upon land under the jurisdiction of the Agency of Environmental Conservation; Forests, Parks and Recreation Department to construct a drive at or near and right of approximate survey station 338 + 62 of the established centerline of said Highway Project.

A temporary easement during the period of construction to enter upon land under the jurisdiction of the Agency of Environmental Conservation; Forests, Parks and Recreation Department for construction purposes including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris in an area which contains 0.05 acre, more or less, and is located right of and between approximate survey stations 339 + 89 and 342 + 33 of the established centerline of said Highway Project.

A temporary easement during the period of construction to extend highway slopes and embankments in a total area of 0.02 acre, more or less, as shown on Pages 15, 30 and 31 of the plans of said Highway Project a plat of which is attached hereto and made a part of. The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The Agency of Transportation shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

Dated Dec. 28, 1989.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 30 / Section 5
§ 30-5. Exec. Order No. 30-5 (No. 08-98) [Working Group on Vermont's Electricity Future]
Status: in_force

Superseded by Executive Order 10-98 (codified as Executive Order No. 30-6), dated August 13, 1998.
3APPENDIX V.S.A. § 36 — VT Code / Title 3APPENDIX / Chapter 3 / Section 36
§ 3-36. Exec. Order No. 3-36 (No. 11-98) [Year 2000 Remediation]
Status: in_force

Superseded by Executive Order 5-99 (codified as Executive Order No. 3-38), dated May 11, 1999.
3 V.S.A. § 3001 — VT Code / Title 3 / Chapter 53 / Section 3001
§ 3001. Definitions
Status: in_force

In this chapter, the following words mean:

(1) Agency: The Agency of Human Services.

(2) Department: A major component of the Agency.

(3) Director: The head of a division of the Agency.

(4) Division: A major component of a department engaged in furnishing services to the public or to units of government at levels other than the State level.

(5) Commissioner: The head of a department responsible to the Secretary for the administration of the department.

(6) Secretary: The head of the Agency, a member of the Governor's Cabinet and responsible to the Governor for the administration of the Agency.
3 V.S.A. § 472 — VT Code / Title 3 / Chapter 16 / Section 472
§ 472. Investments; interest rate; disbursements
Status: in_force

(a) The members of the Vermont Pension Investment Commission established in chapter 17 of this title shall be the trustees of the Funds created by this subchapter, 16 V.S.A. chapter 55, and 24 V.S.A. chapter 125, and with respect to them may invest and reinvest the assets of the Fund, and hold, purchase, sell, assign, transfer, and dispose of the securities and investments in which the assets of the Fund have been invested and reinvested. Investments shall be made in accordance with the standard of care established by the prudent investor rule under 9 V.S.A. chapter 147.

(b) From time to time, the Retirement Board shall set the rate or rates of regular interest at such percent rate compounded annually as shall be determined by the Board, such rate to be limited to a minimum of three percent and a maximum of five percent.

(c) The State Treasurer shall be the custodian of the assets of the Fund of the Retirement System. All payments from the Fund shall be made by the State Treasurer or his or her deputy, with approval of the Retirement Board. A duly attested copy of a resolution of the Retirement Board designating such persons and bearing on its face specimen signatures of such persons shall be filed with the State Treasurer as his or her authority for making payments upon such vouchers.

(d) Except as otherwise provided for in this section, no trustee and no employee of the Board or member of the Commission shall have any direct interest in the gains or profits of any investment made by the Commission; nor shall any trustee or employee of the Board or the Commission, directly or indirectly, for the trustee or employee or as an agent, in any manner use the same except to make such current and necessary payments as are authorized by the Board or Commission; nor shall any trustee or employee of the Board or the Commission become an endorser or surety, or in any manner an obligor, for the monies loaned to or borrowed from the Board. The Treasurer, with the approval of the Board and the Commission, shall adopt by rule standards of conduct for trustees and employees of the Board in order to maintain and promote public confidence in the integrity of the Board. Such rules shall prohibit trustees and employees from receiving or soliciting any gift, including meals, alcoholic beverages, travel fare, room and board, or any other thing of value, tangible or intangible, from any vendor or potential vendor of investment services, management services, brokerage services, and other services to the Board or Commission.
3 V.S.A. § 329 — VT Code / Title 3 / Chapter 13 / Section 329
§ 329. Probationary and temporary employees; pay adjustment
Status: in_force

Original probationary and temporary employees at the minimum of their pay grades shall be adjusted to the new minimum rate, effective with the adjustment of pay grade minimum.
3APPENDIX V.S.A. § 10 — VT Code / Title 3APPENDIX / Chapter 32 / Section 10
§ 32-10. Exec. Order No. 32-10 (No. 05-12) [Low-Income Housing Tax Credit Program]
Status: in_force

WHEREAS, significant need continues to exist in the State of Vermont for provision of opportunities to secure safe, decent and affordable housing, especially for families and individuals of lower income; and

WHEREAS, federal resources for provision of affordable housing opportunities for Vermonters continue to be scarce, increasing the challenges facing the state and its municipalities in responding to residents' housing needs; and

WHEREAS, a continuing commitment to coordination of public and private resources to address the housing needs of those Vermonters least able to compete in securing affordable housing is both prudent and necessary; and

WHEREAS, section 252 of the federal Tax Reform Act of 1986, as enacted by the Congress, authorizes the states to establish programs for allocation of federal tax credits to stimulate the production of affordable rental housing for low-income families and individuals; and

WHEREAS, it is in the public interest that Vermont continues to participate fully in this program, in concert with existing efforts to create and preserve decent and affordable housing for all residents; and

WHEREAS, Vermont has been successful in using its allocation of federal tax credits and creating much needed affordable housing; and

WHEREAS, the Department of the Treasury of the United States and the Internal Revenue Service have issued their regulations concerning the low income housing credit under Section 42 of the Internal Revenue Code of 1986 (the “Federal Regulations”).

NOW, THEREFORE, by virtue of the authority vested in me as Governor, I, Peter Shumlin, do hereby direct that:

I. State Housing Credit Agency.

The Vermont Housing Finance Agency is appointed as the “State Housing Credit Agency” for the purpose of carrying out and administering the low-income housing tax credit program as authorized by Section 252 of the Federal Tax Reform Act of 1986, [Revenue Code Sections 42 and 146(E)].

The Vermont Housing Finance Agency, as the designated State Housing Credit Agency, is delegated the authority and responsibility for implementing tax credit allocation policies as recommended by the Joint Committee on Tax Credits, including preparation of the Qualified Allocation Plan for approval by the Governor and assuring that these policies are applied in the administration of the program.

As the State Housing Credit Agency, the Vermont Housing Finance Agency is authorized to make low income housing credit allocations on behalf of the State of Vermont and to carry out the provisions of Section 42(h) of the Internal Revenue Code of 1986, as the same may be amended from time to time, as the “State Housing Credit Agency” and the “Issuing Authority.” For calendar year 2004 and all subsequent years until a superseding Executive Order is issued or a superseding State statute is adopted, 100% of the State housing credit ceiling is apportioned to the Vermont Housing Finance Agency to be allocated to particular projects by the Vermont Housing Finance Agency.

II. Joint Committee on Tax Credits.

a. Composition.

The Secretary of the Agency of Commerce and Community Development has established a Joint Committee on Tax Credits consisting of: The Commissioner of the Department of Economic, Housing and Community Development or his/her designee; the Executive Director of the Vermont Housing Finance Agency or his/her designee; the Executive Director of the State Housing Authority or his/her designee; a Governor appointee or his/her designee; and the Executive Director of the Vermont Housing Conservation Board or his/her designee.

b. Charge.

The responsibilities of the Committee are as follows:

1. To recommend policies consistent with the housing policy of the State of Vermont for the issuance of tax credits;

2 To recommend procedures to be followed in the issuance of the tax credits;

3. To recommend target percentages for allocation consistent with policy;

4. To serve as a resource for coordinating the funding of complex projects; and

5. To conduct periodic review, at least annually, of the performance in implementing program objectives.

III. Effective Date.

This Executive Order shall take effect upon signing. This Executive Order supersedes and replaces Executive Order No. 01-04, codified as No. 32-7, effective April 2, 2004.

Dated March 7, 2012.
3APPENDIX V.S.A. § 97 — VT Code / Title 3APPENDIX / Chapter 3 / Section 97
§ 3-97. Exec. Order No. 3-97 (No. 02-23) [Housing Directives]
Status: in_force

WHEREAS, on Friday, March 13, 2020, a national emergency declaration for the coronavirus (COVID-19) pandemic was issued by the President of the United States, under which the Federal Emergency Management's (FEMA) Regional Administrators were delegated authority to approve and pay for State requests for non-congregate sheltering for the duration of the Secretary of Health and Human Services' declaration of a Public Health Emergency for COVID-19; and

WHEREAS, the Vermont Agency of Human Services (AHS), as part of the response to COVID-19, began to work with local governments, state agencies and private non-profit organizations statewide to arrange for placement of current clients, vulnerable populations and any person or persons who requested such housing in hotels and motels for the purpose of avoiding shelters and other traditional congregate housing options thereby reducing the potential spread of COVID-19; and

WHEREAS, with the end of the COVID-19 pandemic, broad availability of vaccines and the greatly reduced risk of serious infection in the community, the hotels and motels participating in this program have become sites of significant public health and safety concerns, exposing vulnerable program participants to additional risks, and frequently requiring multiple daily responses by law enforcement to these sites; and

WHEREAS, the most vulnerable participants in the hotel and motel program do not have ready access to, and are not required to engage with supportive services, social safety net programs or treatment, including mental health and substance use treatment, job training or counseling, and do not have the oversight or security they require and deserve to make the transition into more permanent and stable housing and economic independence; and

WHEREAS, the taxpayer funded costs of housing people in hotels and motels has reached $190.7 million, which is more than $148 per room, per day and more than $54,000 per room, per year, negatively impacting the State's ability to invest in medium and longer-term strategies that better meet the needs of clients by addressing root causes of homelessness and creating permanent housing options; and

WHEREAS, the taxpayer funded costs of housing people in hotels and motels has reached $190.7 million, which is more than $148 per room, per day and more than $54,000 per room, per year, negatively impacting the State's ability to invest in medium and longer-term strategies that better meet the needs of clients by addressing root causes of homelessness and creating permanent housing options; and

WHEREAS, the U.S. Congress and President chose not to extend funding for these types of programs, facilitating a return to a normalized system of emergency housing with clear eligibility, responsibility requirements and sustainable funding; and

WHEREAS, since October 2022 AHS has been engaging program beneficiaries who are willing to work with the agency, to prepare for the transition to a more effective program with a stronger connection to Vermont's nation-leading social safety net services; and

WHEREAS, all agencies and departments in state government, elected officials, municipalities, state funded housing programs and community groups, have a role to play in establishing a system of emergency transitional housing that better meets the human and social service needs of clients, does not drain public safety resources, has clear eligibility and responsibility requirements, and is affordable and sustainable well into the future; and

WHEREAS, this transition must be made as part of the ongoing effort to address Vermont's community housing crisis across all income levels, especially low- and middle-income housing needs.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont do hereby direct as follows:

1. The Agency of Human Services (AHS), and the cross-agency team addressing this issue, are directed to continue implementations of its established plan to better serve current pandemic hotel and motel program participants by:

• extending the Vermont Housing Improvement Program (VHIP) to bring more existing rental units back online;

• identifying and utilizing available mobile homes, mobile home lots to site permanent homes;

• expanding traditional shelter capacity;

• expanding mental health residential treatment beds;

• expanding substance use treatment services and recovery housing;

• expanding the Department of Corrections re-entry housing capacity;

• expanding residential or skilled nursing levels of care and bring additional subsidized senior housing units online;

• expanding medical respite program beds;

• restoring the pre-pandemic General Assistance emergency housing program, with eligibility beginning July 1, 2023, for households transitioning from the pandemic hotel and motel program;

• expanding the definition of families in General Assistance emergency housing program to include children aged seven years-old up to age 18 or 19 if the child is still in school; and

• extending eligibility deadline for individuals and families in the pandemic General Assistance program on June 30, 2023, who have a current housing voucher for up to 120 days.

2. To add an additional safety net to this transition, AHS shall work with public and private partners, including the Vermont National Guard, to establish a plan for temporary, short-term congregate shelters to be used by individuals transitioning from the free pandemic hotel and motel program to other alternatives. If activated, this temporary, short-term congregate sheltering system will operate week-to-week for a period not to exceed the expiration of this order. AHS shall establish eligibility and personal conduct requirements for any temporary, short-term shelters created under this directive. AHS may also require any fully or partially state-funded community partner to assist in providing a reasonable level of operational support and services needed to move clients to more stable housing alternatives.

3. The Commissioner of Public Safety and the Director of Fire Safety, with input from local boards of health and other municipal officials shall, in a reasonable and practicable way, inventory currently uninhabited or abandoned housing units, including mobile homes and mobile home lots, in county economic centers and surrounding communities, that could be brought back into the housing market. The order of inventories shall be prioritized in a reasonable way that supports community housing rehabilitation work being carried out by the Executive Branch. These inventories will be used to help prioritize and accelerate housing and community revitalization program investments. The first inventory report is due no later than June 16, 2023.

4. By June 30, 2023, the Secretary of Natural Resources, in collaboration with municipalities, shall identify all communities served by public community water system and municipally owned wastewater treatment facilities with capacity to absorb additional housing units.

5. By June 30, 2023, the Commissioner of Housing and Community Development, in consultation with the Office of the Treasurer, Vermont Housing & Conservation Board (VHCB) and Vermont Housing Finance Agency (VHFA) shall identify all housing programs, available funding and other tools to significantly expedite construction of short-, medium- and long-term housing. This may include, but not be limited to, a report on how appropriations for housing made in the State FY24 budget to VHCB, and other funds available to the Office of the Treasurer for local investments could be deployed to accelerate reductions in homelessness, new transitional housing capacity, and rehabilitation or construction of more and better, homes for low- and middle- income Vermonters.

6. By July 28, 2023, the Secretary of Commerce and Community Development, in consultation with the Chair of the Natural Resources Board, the Secretary of Natural Resources, the Secretary of Transportation and the Secretary of Civil and Military Affairs shall report to the Governor all local and state rules and regulations which currently impede the timely development of safe, decent, affordable housing in our communities. These officials are further directed to identify where flexibility or discretion exists and advise whether temporary suspension of relevant State rules and local regulations and ordinances, or the adoption or amendment of state rules, would facilitate faster and less costly revitalization of existing housing and construction of new housing units.

Dated May 26, 2023
3APPENDIX V.S.A. § 8 — VT Code / Title 3APPENDIX / Chapter 32 / Section 8
§ 32-8. Exec. Order No. 32-8 (No. 07-09) [Designation of State of Vermont as a Recovery Zone under the American Recovery and Reinvestment Act]
Status: in_force

WHEREAS, the American Recovery and Reinvestment Act of 2009, Pub.L. No. 111-5, (hereinafter “ARRA”) amended the Internal Revenue Code of 1986 (hereinafter the “Code”) to authorize state and local governments to issue Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds (hereinafter together referred to as “Recovery Zone Bonds”); and

WHEREAS, the Code established bond volume limitations, or caps, on the issuance of Recovery Zone Bonds and allocated those volume caps among the states to counties and large municipalities within each State based upon population and relative declines in employment in 2008; and

WHEREAS, the U.S. Treasury and Internal Revenue Service allocated Vermont's share of the Recovery Zone Bond volume caps to the State and sub-allocated the caps among 11 Vermont counties; and

WHEREAS, the Assistant Judges in 9 of those 11 counties, pursuant to their authority, have waived their counties' respective allocations and re-allocated their share of volume caps to the State of Vermont; and

WHEREAS, on October 14, 2009, the State of Vermont Emergency Board, pursuant to its authority to allocate private activity volume cap among bond issuing instrumentalities of the State, will consider allocating all Recovery Zone Facility Bonds' volume cap waived by the counties to the Vermont Economic Development Authority, an instrumentality of the State of Vermont; and

WHEREAS, in October, 2009, the Joint Fiscal Committee of the Vermont General Assembly, pursuant to its authority, will consider approving the Governor's allocation of the Recovery Zone Economic Development Bonds' volume cap waived by the counties to the Vermont Municipal Bond Bank, an instrumentality of the State of Vermont, and to the State of Vermont should there be capacity not used by the Vermont Municipal Bond Bank; and

WHEREAS, the purpose of Recovery Zone Economic Development Bonds is to promote economic activity through expenditures that promote development or other economic activity in a recovery zone designated as such by the county or State, as applicable, that is the recipient of volume cap; and

WHEREAS, the purpose of the Recovery Zone Facility Bonds is to finance property used in the active conduct of a trade or business in a recovery zone; and

WHEREAS, Recovery Zone Bonds are a significant resource to the State of Vermont and will stimulate economic activity, increase employment opportunities and mitigate the effects of the national recession; and

WHEREAS, the Code requires that all Recovery Zone Bonds be issued prior to January 1, 2011 and it is imperative that recovery zones in Vermont be designated as soon as possible to ensure that Vermont and Vermonters realize the full benefit of the bonds; and

WHEREAS, the Code defines a recovery zone, among other things, as an area designated by the issuer as having significant poverty, unemployment, rate of home foreclosures, or general distress; and

WHEREAS, unemployment in Vermont has nearly doubled statewide during the current downturn and every county of the state has suffered at least a doubling of unemployment since 2007 leading to significant general distress; and

WHEREAS, 28% of Vermonters work outside their county of residence and new jobs created anywhere in the state will significantly benefit those impacted by the recession; and

WHEREAS, projected state general fund revenues for FY2010 are 15% below actual revenues in FY2008 and are, in fact, less than actual FY2005 revenues and this severe impact on state revenues will be mitigated by development and construction anywhere in the state; and

WHEREAS, there is no area of Vermont that has not been significantly impacted by the recession and it is urgent to address both the problems of unemployment and declining revenues in Vermont.

NOW, THEREFORE, I, James H. Douglas, by virtue of the authority vested in me as Governor, do hereby designate the entire State of Vermont as a recovery zone under the Code as amended by ARRA. This designated recovery zone shall pertain to any Recovery Zone Bonds issued by the State of Vermont, the Vermont Economic Development Authority, the Vermont Municipal Bond Bank, and any other instrumentality of the State that may later receive an allocation of Recovery Zone Bond volume caps from the State.

This Executive Order shall take effect upon signing.

Dated October 9, 2009.
3APPENDIX V.S.A. § 41 — VT Code / Title 3APPENDIX / Chapter 3 / Section 41
§ 3-41. Exec. Order No. 3-41 (No. 02-02) [Establishment of the Governor's Children and Youth Cabinet]
Status: in_force

Expired by its own terms, effective June 30, 2010.
3APPENDIX V.S.A. § 10 — VT Code / Title 3APPENDIX / Chapter 33 / Section 10
§ 33-10. Exec. Order No. 33-10 (No. 02-95) [Vermont Housing Council]
Status: in_force

Rescinded by Executive Order No. 33-22 (codified as Executive Order No. 08-11), dated June 16, 2011.
3APPENDIX V.S.A. § 62 — VT Code / Title 3APPENDIX / Chapter 3 / Section 62
§ 3-62. Exec. Order No. 3-62 (No. 03-14) [Governor's Law Enforcement Officer Coordinating Council]
Status: in_force

WHEREAS, state, county, and local police agencies play a unique role in protecting and supporting their communities;

WHEREAS, law enforcement officers are increasingly first-responders on a variety of complex social issues, from substance abuse to mental illness to family violence; and

WHEREAS, sharing of information and policy recommendations among state, county, and local police agencies and the Governor's Administration is beneficial to the collective goal of improving public safety for all Vermonters.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish a Governor's Law Enforcement Officer Coordinating Council as follows:

I. Composition and Process.

The Council shall consist of the President of the Sheriff's Association or designee, the President of the Police Chiefs Association or designee, the President of the Police Association or designee, the Commissioner of Public Safety or designee, and the Governor's Counsel. The Council shall be chaired by the Governor's Counsel and shall meet no less than quarterly at the call of the Chair.

II. Effective Date.

This Order shall take effect upon signing and shall expire on July 15, 2019.

Dated June 17, 2014
3APPENDIX V.S.A. § 28 — VT Code / Title 3APPENDIX / Chapter 33 / Section 28
§ 33-28. Exec. Order No. 33-28 (No. 03-25) [General Assistance Emergency Housing]
Status: in_force

WHEREAS, Vermont's long-standing General Assistance emergency housing program (also known as the hotel/motel program), was originally intended as a temporary safety net providing hotel rooms to Vermonters with emergency needs for a limited duration; and

WHEREAS, as an emergency alternative to congregate shelters during the COVID-19 pandemic, Vermont lifted all eligibility requirements and all caps on length of stay and paid for this expansion with $115 million in FEMA funds for the period March 2020 through June 2022; and

WHEREAS, despite the pandemic-specific intent of this expansion, the discontinuation of federal funding for it, and every other state ending similar programs, the Vermont Legislature has maintained an expanded number of emergency hotel/motel rooms; and

WHEREAS, the hotel/motel program will cost Vermont taxpayers an estimated $45 million for Fiscal Year 2025 as compared to less than $5 million per year prior to the pandemic; and

WHEREAS, the hotel/motel program does not provide any services or wrap around supports, including substance use disorder and mental illness, and the isolation of hotel rooms makes it difficult for service providers to engage with those who refuse the services they need to become stable and exit homelessness; and

WHEREAS, the hotel/motel system puts vulnerable and predatory populations — children under 19, individuals transitioning from incarceration, those in early recovery and others actively selling and abusing drugs and alcohol — all together; and

WHEREAS, there have been 135 deaths in the hotel/motel program over the last 5 years, with almost half of those attributable to overdoses, many others attributable to untreated health conditions and 2 homicides; in 2024 alone 29 lives were lost; and

WHEREAS, the program is legislatively capped at 1,100 available rooms for a maximum 80-day per year stay to allow for individuals and families to seek suitable shelter and housing options except during the months of November 1, 2024-March 31, 2025 when the program ballooned to 1,461 households at a cost of almost $16 million for that period; and

WHEREAS, the Legislature's established eligibility criteria for the hotel/motel program is, a first-come, first-served approach for those seeking to enter or be reauthorized for GA, which does not allow priority to be given to children under 19 and the medically most vulnerable; and

WHEREAS, for the period April 1 to June 30, 2025, the State shall implement a process for prioritizing the allocation of a maximum of 1,100 rooms for families with children under 19 and the most medically vulnerable, as set forth in this Executive Order; and

WHEREAS, for the period April 1 to June 30, 2025, for the families with children under 19 and households verified by DCF as the most medically vulnerable in accordance with this Executive Order, and who are currently in the hotel/motel program, the 80 day maximum shall be waived for the period April 1 to June 30, 2025, to allow time for DCF to ensure these households have access to existing social services, healthcare and the supports needed to transition to suitable long-term housing, a family shelter placement or transition to a skilled nursing facility, as appropriate; and

WHEREAS, I have determined these actions are necessary to manage and administer the hotel/motel program in an efficient, effective and fiscally prudent manner that substantially accomplishes the legislative purposes for which these taxpayer funds were appropriated.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, Chapter II, Section 3 and Section 20, 33 V.S.A. § 101, 33 V.S.A. § 105, Act 113 of the laws of 2024, section E.321 (“Act 113”), and 32 V.S.A. § 704a, do hereby ORDER AND DIRECT AS FOLLOWS:

1. I hereby direct the Commissioner of DCF to implement the following for the period April 1, 2025 to June 30, 2025:

Priority eligibility: DCF shall identify the households currently in the hotel/motel program with custody of children under 19, and the most medically vulnerable as of March 31, 2025 and reauthorize those households for the period April 1, 2025 to June 30, 2025, subject to the terms of this Executive Order.

DCF shall immediately notify those households with priority eligibility that they may remain in place through June 30, 2025, subject to the terms of this Executive Order.

“Medically vulnerable” for purposes of priority eligibility shall mean an individual who:

i. meets the Medicare definition of “homebound,” such as someone who relies on the medically necessary assistance of another person or medical equipment such as a wheelchair for mobility and other essential functions;

ii. who requires a lifesaving device that requires access to electricity, such as an oxygen concentrator;

iii. is in active cancer treatment or treatment for severe kidney/renal disease, or severe liver or heart conditions;

iv. is actively receiving Medicaid-eligible or Medicare-eligible “home-based” nursing services (like VNA visits, or hospice); or

v. is a woman in the third trimester of pregnancy or a woman who will enter the third trimester of pregnancy during the period April 1, 2025 to June 30 2025.

This Executive Order shall take effect upon signing and shall continue in full force and effect until midnight on June 30, 2025, at which time the Governor, in consultation with the Vermont Agency of Human Services shall assess the hotel/motel program and determine whether to amend or extend this Executive Order.

Dated March 28, 2025.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 33 / Section 1
§ 33-1. Exec. Order No. 33-1 (No. 03-73) [Cash Recipients of Social Services]
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. § 7 — VT Code / Title 3APPENDIX / Chapter 10 / Section 7
§ 10-7. Exec. Order No. 10-7 (No. 61-81) [Transfer of Division of Protection, Agency of Environmental Conservation, to Department of Water Resources and Environmental Engineering]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 5025 — VT Code / Title 3 / Chapter 70 / Section 5025
§ 5025. The Commission on Women
Status: repealed

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

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

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

(b) The Commission shall consist of 16 members, appointed as follows:

(1) Eight members shall be appointed by the Governor.

(2)(A) Eight members shall be appointed by the General Assembly, four by the Senate Committee on Committees, and four by the Speaker of the House.

(B) Each chamber may appoint not more than two legislators, and if a chamber appoints two legislators, they shall not be from the same political party.

(c)(1) Not more than four legislators may serve on the Commission at one time.

(2) The terms of members shall be four years. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term.

(d)(1) Members of the Commission shall elect biennially by majority vote the Chair of the Commission.

(2) Members of the Commission shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010, which shall be paid by the Commission.

(e) A majority of the currently appointed members of the Commission shall constitute a quorum. Once a quorum has been established, the vote of a majority of the members present at the time of the vote shall be an act of the Commission.

(f) The Commission may appoint members to an advisory council to provide information on the concerns of Vermont women and assist the Commission in the fulfillment of its responsibilities. The Commission may establish ad hoc committees or task forces to study and make recommendations to the Commission. The chair of such committees or task forces shall be appointed by the Chair of the Commission. The tenure of such committees or task forces shall be determined by the nature of the study and the project undertaken.

(g) The Commission shall conduct studies of matters concerning women, and in furtherance of that responsibility may:

(1) review Vermont statutes with regard to sex discrimination and other matters affecting the status of women;

(2) educate and inform business, education, State and local governments, and the general public about the nature and scope of sex discrimination and other matters affecting the status of women in Vermont;

(3) serve as a liaison and clearinghouse between government, private interest groups, and the general public concerned with services for women, and, in this regard, may publish a periodic newsletter to provide information to these constituencies; and

(4) promote consideration of qualified women for all levels of government positions.

(h) The powers of the Commission shall include the following:

(1) to conduct research and study of issues affecting the status of women in Vermont;

(2) to advise and consult with the Executive and Legislative branches of State government on policies affecting the status of women in Vermont;

(3) to maintain an office and hire employees as necessary to carry out its duties;

(4) to acquire on a contractual or other basis such necessary legal, technical, or research expertise and support services as it may require for the discharge of its duties;

(5) to publish periodic reports documenting the legal, economic, social, and political status, and other concerns of women in Vermont;

(6) to utilize such voluntary and uncompensated services of private individuals, agencies, and organizations as may, from time to time, be offered and needed; and

(7) to accept and solicit funds, including any gifts, donations, grants, or bequests or any federal funds, for any Commission-related purposes.

(i) [Repealed.]
3 V.S.A. § 167a — VT Code / Title 3 / Chapter 7 / Section 167a
§ 167a. Complex Litigation Special Fund
Status: in_force

(a) There is established the Complex Litigation Special Fund pursuant to 32 V.S.A. chapter 7, subchapter 5 to be available for expenditure by the Attorney General, as annually appropriated or authorized pursuant to 32 V.S.A. § 511, to pay nonroutine expenses, not otherwise budgeted, incurred in the investigation, prosecution, and defense of complex civil and criminal litigation. These expenses may include, for example, costs incurred for expert witnesses and for support staff and technology needed to review and manage voluminous documents in discovery and at trial in complex cases.

(b) The Fund shall consist of:

(1) Such sums as may be appropriated or transferred by the General Assembly.

(2) Settlement monies other than consumer restitution collected by the Office of the Attorney General, except for those recoveries that by law are transferred or appropriated for other uses pursuant to 9 V.S.A. § 2458(b)(4), and subject to the Fund balance cap in subsection (c) of this section.

(c) The unencumbered Fund balance shall not exceed $1,000,000.00.

(d) The Attorney General shall submit a report of the amount and purpose of expenditures from the Fund at the close of each fiscal year to the Joint Fiscal Committee annually on or before September 1. As part of the annual budget submission, the Attorney General shall include a projection of the Fund balance for the current fiscal year and upcoming fiscal year and may recommend appropriations as needed consistent with the purpose of the Fund.
3 V.S.A. § 3052 — VT Code / Title 3 / Chapter 53 / Section 3052
§ 3052. 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; and

(3) supervise and control all staff functions.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 32 / Section 5
§ 32-5. Exec. Order No. 32-5 (No. 55-87) [Allocation of 1987 State Ceiling on Tax Exempt Private Activity Bonds]
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. § 15 — VT Code / Title 3APPENDIX / Chapter 20 / Section 15
§ 20-15. Exec. Order No. 20-15 (No. 02-97) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Franklin, Lamoille, and Orleans Counties]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3 V.S.A. § 6002 — VT Code / Title 3 / Chapter 72 / Section 6002
§ 6002. Definitions
Status: in_force

As used in this chapter:

(1) “Environmental benefits” means the assets and services that enhance the capability of communities and individuals to function and flourish in society. Examples of environmental benefits include access to a healthy environment and clean natural resources, including air, water, land, green spaces, constructed playgrounds, and other outdoor recreational facilities and venues; affordable clean renewable energy sources; public transportation; fulfilling and dignified green jobs; healthy homes and buildings; health care; nutritious food; Indigenous food and cultural resources; environmental enforcement; and training and funding disbursed or administered by governmental agencies.

(2) “Environmental burdens” means any significant impact to clean air, water, and land, including any destruction, damage, or impairment of natural resources resulting from intentional or reasonably foreseeable causes. Examples of environmental burdens include climate change impacts; air and water pollution; improper sewage disposal; improper handling of solid wastes and other noxious substances; excessive noise; activities that limit access to green spaces, nutritious food, Indigenous food or cultural resources, or constructed outdoor playgrounds and other recreational facilities and venues; inadequate remediation of pollution; reduction of groundwater levels; increased flooding or stormwater flows; home and building health hazards, including lead paint, lead plumbing, asbestos, and mold; and damage to inland waterways and waterbodies, wetlands, forests, green spaces, or constructed playgrounds or other outdoor recreational facilities and venues from private, industrial, commercial, and government operations or other activities that contaminate or alter the quality of the environment and pose a risk to public health.

(3) “Environmental justice” means all individuals are afforded equitable access to and distribution of environmental benefits; equitable distribution of environmental burdens; and fair and equitable treatment and meaningful participation in decision-making processes, including the development, implementation, and enforcement of environmental laws, regulations, and policies. Environmental justice recognizes the particular needs of individuals of every race, color, income, class, ability status, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief, or English language proficiency level. Environmental justice redresses structural and institutional racism, colonialism, and other systems of oppression that result in the marginalization, degradation, disinvestment, and neglect of Black, Indigenous, and Persons of Color. Environmental justice requires providing a proportional amount of resources for community revitalization, ecological restoration, resilience planning, and a just recovery to communities most affected by environmental burdens and natural disasters.

(4) “Environmental justice focus population” means any census block group in which:

(A) the annual median household income is not more than 80 percent of the State median household income;

(B) Persons of Color and Indigenous Peoples comprise at least six percent or more of the population; or

(C) at least one percent or more of households have limited English proficiency.

(5) “Limited English proficiency” means that a household does not have a member 14 years or older who speaks English “very well” as defined by the U.S. Census Bureau.

(6) “Meaningful participation” means that all individuals have the opportunity to participate in energy, climate change, and environmental decision-making. Examples include needs assessments, planning, implementation, permitting, compliance and enforcement, and evaluation. Meaningful participation also integrates diverse knowledge systems, histories, traditions, languages, and cultures of Indigenous communities in decision- making processes. It requires that communities are enabled and administratively assisted to participate fully through education and training. Meaningful participation requires the State to operate in a transparent manner with regard to opportunities for community input and also encourages the development of environmental, energy, and climate change stewardship.
3 V.S.A. § 3002 — VT Code / Title 3 / Chapter 53 / Section 3002
§ 3002. Creation of Agency
Status: repealed

(a) An Agency of Human Services is created consisting of the following:

(1) The Department of Corrections.

(2) The Department for Children and Families.

(3) The Department of Health.

(4) The Department of Disabilities, Aging, and Independent Living.

(5) The Human Services Board.

(6) The Department of Vermont Health Access.

(7) The Department of Mental Health.

(b) The following units are attached to the Agency for administrative support:

(1)-(17) [Repealed.]

(18) Governor's Committee on Employment of People with Disabilities.

(19), (20) [Repealed.]

(c) Units attached to the Agency for administrative support shall receive, and shall use, the services provided by the Administrative Services Division of the Agency under section 3086 of this title.
3 V.S.A. § 252 — VT Code / Title 3 / Chapter 11 / Section 252
§ 252. Cost of bonds; blanket bond
Status: in_force

The cost of such bonds shall be paid from the appropriations of the departments in which such officer or employee serves. In procuring such bonds, the Governor is authorized to purchase blanket or schedule surety contracts with such company as he or she shall determine.
3 V.S.A. § 156 — VT Code / Title 3 / Chapter 7 / Section 156
§ 156. Duties
Status: in_force

Such legal assistant shall perform such duties as the Attorney General directs and may appear in the trial or hearing of any civil or criminal cause in any court of the State on behalf of the Attorney General. Before assuming his or her duties, such legal assistant shall take and subscribe to the oath prescribed by the Constitution.
3APPENDIX V.S.A. § 44 — VT Code / Title 3APPENDIX / Chapter 3 / Section 44
§ 3-44. Exec. Order No. 3-44 (No. 03-03) [Governor's Jobs Cabinet]
Status: in_force

WHEREAS, Vermont's economy must be able to thrive amid ever-increasing competition on the regional, national, and international levels; and

WHEREAS, Vermont's economy faces competition from larger, more diverse economies; and

WHEREAS, Vermonters are deeply concerned about good paying job opportunities; and

WHEREAS, State government must work aggressively to retain jobs and pursue job creation opportunities consistent with Vermont values; and

WHEREAS, a good job advances self-sufficiency, independence, dignity, opportunity and the quality of life in our State; and

WHEREAS, State government must work in tandem with the private sector to achieve an economic environment conducive to job creation.

NOW THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Governor's Jobs Cabinet:

The Jobs Cabinet shall consist of representatives from State agencies and departments and shall include representatives from outside state government. The State members shall include the Development Cabinet and the Commissioners of the Departments of Labor and Industry, Employment and Training, and Public Service; the Manager of the Vermont Economic Development Authority; the Chancellor of the Vermont State Colleges or his or her designee; and the President of the University of Vermont or his or her designee. There shall be thirteen non-State members appointed by the Governor to serve for terms of three years. The initial appointments of the non-State members shall include four one-year terms, four two-year terms and five three-year terms. The Governor shall appoint the Chair. The Jobs Cabinet may, at its discretion, establish inter-agency work groups to support its mission, drawing membership from any agency or department of state government.

Administrative support to the Cabinet shall be provided by the Agency of Commerce and Community Development. Public members may receive reimbursement of expenses in attending Cabinet meetings and may receive a per diem pursuant to 32 V.S.A. § 1010. The Jobs Cabinet shall meet at the call of the Chair to carry out the following responsibilities:

1) Work collaboratively to identify and meet the needs of job generators and remove impediments to job growth whenever practicable.

2) Open dialogue and establish strategic partnerships among government and key organizations to achieve the goal of greater job creation. The Jobs Cabinet and individual state agencies may refer specific job development projects that present complex and unique issues or require interagency coordination among state agencies and departments to the Chair. The Chair may establish a working group consisting of the State members for review and development of a plan to coordinate the state agencies involved and resolve interagency conflicts, if any, to insure a coordinated and common sense approach.

3) Maintain an ongoing review of the state's permitting processes and make recommendations that will assist business and housing to grow responsibly within a regulatory scheme that is fair, predictable, expedient, and cost-conscious. The Chair, in his or her sole discretion, may refer any proposed project that will create additional jobs through expansion or location in Vermont to a working group consisting of State members for review. The working group may, to the extent practicable and according to applicable laws, identify those aspects of the project where assistance in coordinating interagency communication, permitting or regulatory processes would assist review of the project in an efficient, reasonable and timely fashion. The Chair, in his or her sole discretion, may refer a job development project to the Jobs Cabinet that has failed or chosen not to expand or locate in Vermont for review and identification of factors, including but not limited to, infrastructure needs, state workforce deficiencies, and regulatory requirements, that contributed to the decision not to expand or locate in Vermont. The working group shall report to the full Jobs Cabinet a summary of the projects it has considered and the factors identified as significant to the decision.

4) Remove barriers to and develop incentives for critical infrastructure investment in the State that is conducive to job creation such as broadband, wireless and power.

5) Facilitate small business advocacy forums in each region of the state to create an inventory of the needs of small business, including but not limited to government assistance.

6) Research programs in other states, particularly competitors in the Northeast, to identify Vermont's opportunities and weaknesses relative to those states, recommend where Vermont should focus its efforts, and develop strategies to improve Vermont's competitive position in those areas.

7) Research and closely monitor national and international business trends to help Vermont's economic development strategy stay ahead of its competitors. Identify emerging markets or potential growth areas such as exporting, technology, biotech, and engineering and design appropriate recruiting strategies for those industry sectors.

8) Proactively seek to retain existing Vermont businesses and encourage job growth by developing networks for marketing and purchasing while creating links to other businesses for service and collaborative action.

9) Create and support a culture of entrepreneurship where new enterprise and innovation, especially within the high-tech industry, require private capital to grow and thrive.

10) Continuously seek ways to capitalize on Vermont's key natural resources such as granite, wood, marble and agriculture with substantial consideration to value added products.

11) Encourage the creation, rehabilitation, and preservation of housing that is affordable to working Vermonters.

12) Encourage the reuse of buildings, manufacturing facilities and other infrastructure in our traditional downtown areas.

13) Assure that the State's efforts, and those of this Jobs Cabinet, to maintain and create new jobs recognize the importance of assuring Vermont's environmental heritage and ethic, and that the quality of our environment will support the goals of the Jobs Cabinet, and that a strengthened economy will benefit the State's ability to protect the environment.

14) Advise the Governor on the effectiveness of this Order on job creation and retention in Vermont.

This Executive Order shall take effect upon execution.

Executive Order 01-00 is hereby revoked and rescinded.

Dated April 11, 2003.
3APPENDIX V.S.A. § 14 — VT Code / Title 3APPENDIX / Chapter 10 / Section 14
§ 10-14. Exec. Order No. 10-14 (No. 99-90) [Approval of Interim State Agency Land Use Plans]
Status: in_force

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.
3APPENDIX V.S.A. § 9 — VT Code / Title 3APPENDIX / Chapter 29 / Section 9
§ 29-9. Exec. Order No. 29-9 (No. 72-83) [Transfer of Land and Premises in Town of Alburgh From Agency of Transportation to Agency of Environmental Conservation, Department of Forests and Parks]
Status: in_force

WHEREAS, it appears that certain land and premises located in the Town of Alburgh, County of Grand Isle, State of Vermont, owned by the State of Vermont and presently under the jurisdiction and control of the Agency of Transportation has become and is no longer necessary for State Agency of Transportation purposes.

NOW THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Transportation to the jurisdiction and control of the Agency of Environmental Conservation, Department of Forests and Parks for its purposes the following described land and premises, to wit:

All and the same land and premises conveyed to the Agency of Transportation (then known as the Highway Department), by Executive Order from the Department of Forests and Parks dated January 19, 1967 and as shown on the accompanying plat entitled State of Vermont, Agency of Transportation to Agency of Environmental Conservation, Department of Forests and Parks.

Excepting and reserving therefrom all existing highway rights-of-way that may be of record.

These lands and premises are subject to the following leases, as shown on the plat, between the State of Vermont, acting through the Agency of Transportation, and:

1. Alburgh Volunteer Fire Department, date of expiration December 14, 1984;

2. P. J. Medor, Inc., date of expiration April 15, 1985;

3. Village of Alburgh, date of expiration July 14, 1985;

4. Alburgh Volunteer Fire Department, date of expiration September 29, 1985;

5. Town of Alburgh, date of expiration December 31, 1985;

6. Town of Alburgh, date of expiration January 29, 1986;

7. Town of Alburgh, date of expiration July 14, 1991.

These lands and premises are also subject to any utility rights-of-way and easements of record.

Dated June 1, 1983.
3APPENDIX V.S.A. § 9 — VT Code / Title 3APPENDIX / Chapter 33 / Section 9
§ 33-9. Exec. Order No. 33-9 (No. 16-93) [Vermont Commission on National and Community Service]
Status: in_force

Superseded by Executive Order No. 09-98 (codified as Executive Order No. 3-35), effective August 13, 1998.
3 V.S.A. § 125 — VT Code / Title 3 / Chapter 5 / Section 125
§ 125. Fees
Status: repealed

(a) In addition to the fees otherwise authorized by law, a board or advisor profession may charge the following fees:

(1) Verification of license, $30.00.

(2) An examination fee established by the Secretary, which shall be not greater than the costs associated with examinations.

(3) Reinstatement fees for expired licenses pursuant to section 127 (unauthorized practice) of this title.

(4) Continuing, qualifying, or prelicensing education course approval:

(A) Provider, $100.00.

(B) Individual, $25.00.

(5) A preapplication criminal background determination, $25.00.

(b) Unless otherwise provided by law, the following fees shall apply to all professions regulated by the Director in consultation with advisor appointees under Title 26:

(1) Application for registration, $100.00, except application for:

(A) Private investigator and security services employees, unarmed registrants, $70.00.

(B) Private investigator and security service employees, transitory permits, $70.00.

(C) Private investigator and security service employees, armed registrants, $140.00.

(2) Application for licensure or certification, $115.00, except application for:

(A) Barbering or cosmetology schools and shops, $355.00.

(B) Funeral directors, embalmers, disposition facility personnel, removal personnel, funeral establishments, disposition facilities, and limited services establishments, $85.00.

(C) Application for real estate appraisers, $315.00.

(D) Temporary real estate appraiser license, $175.00.

(E) Appraisal management company registration, $685.00.

(F) Private investigator or security services agency, $390.00.

(G) Private investigator and security services agency, $460.00.

(H) Private investigator or security services sole proprietor, $250.00.

(I) Private investigator or security services unarmed licensee, $175.00.

(J) Private investigator or security services armed licensee, $230.00.

(K) Private investigator and security services instructor, $140.00.

(L) Barbers, cosmetologists, nail technicians, and estheticians, $120.00.

(M) Massage therapist, bodyworker, or touch professional, $90.00.

(N) Optician, $145.00.

(O) Physical therapists and assistants, $120.00.

(P) Independent clinical social workers and master's social workers, $120.00.

[Subdivision (b)(2)(Q) effective until July 1, 2027; see also subdivision (b)(2)(Q) effective July 1, 2027, set out below.]

(Q) Peer support providers or peer recovery support specialists, $50.00.

[Subdivision (b)(2)(Q) effective July 1, 2027; see also subdivision (b)(2)(Q) effective until July 1, 2027, set out above.]

(Q) Peer support providers or peer recovery support specialists, $75.00.

[Subdivision (b)(2)(R) effective July 1, 2026.]

(R) Community-based perinatal doulas, $75.00.

(3) Optician trainee registration, $75.00.

(4) Biennial renewal, $275.00, except biennial renewal for:

(A) Independent clinical social workers and master's social workers, $180.00.

(B) Occupational therapists and assistants, $180.00, except that a licensee of a remote state under the Occupational Therapy Licensure Compact established in 26 V.S.A. chapter 71, subchapter 2 shall pay a biennial $50.00 privilege to practice fee.

(C) Physical therapists and assistants, $180.00, except that a licensee of a remote state under the Physical Therapy Licensure Compact established in 26 V.S.A. chapter 38, subchapter 5 shall pay a biennial $50.00 privilege to practice fee.

(D) Optician trainees, $135.00.

(E) Barbers, cosmetologists, nail technicians, and estheticians, $155.00.

(F) Schools of barbering or cosmetology, $355.00.

(G) Funeral directors and embalmers, $415.00.

(H) Disposition facility personnel and removal personnel, $150.00.

(I) Funeral establishments, disposition facilities, and limited services establishments, $945.00.

(J) [Repealed.]

(K) Radiologic therapist, radiologic technologist, nuclear medicine technologist, $175.00.

(L) Certified alcohol and drug abuse counselor, certified apprentice addiction professional, and licensed alcohol and drug abuse counselor, $260.00.

(M) Private investigator or security services agency, or both, $345.00.

(N) Private investigator or security services unarmed licensee, $140.00.

(O) Private investigator or security services armed licensee, $205.00.

(P) Private investigator or security services unarmed registrant, $95.00.

(Q) Private investigator or security services armed registrant, $150.00.

(R) Private investigator or security services sole proprietor, $250.00.

(S) Private investigator or security services instructor, $205.00.

(T) Barbering or cosmetology shop, $285.00.

(U) A licensee of a remote state under the Audiology and Speech-Language Pathology Interstate Compact established in 26 V.S.A. chapter 87, subchapter 2 shall pay a biennial $50.00 privilege to practice fee.

[Subdivision (b)(4)(V) effective until July 1, 2027; see also subdivision (b)(4)(V) effective July 1, 2027 set out below.]

(V) Peer support providers or peer recovery support specialists, $50.00.

[Subdivision (b)(4)(V) effective July 1, 2027.]

(V) Peer support providers or peer recovery support specialists, $75.00.

(W) Electrology shop, $200.00.

[Subdivision (b)(4)(X) effective July 1, 2026.]

(X) Community-based perinatal doulas, $120.00.

(5) Limited temporary license or work permit, $60.00.

(6) Radiologic evaluation, $125.00.

(7) Annual renewal for appraisal management company registration, $345.00.

(8) Real estate appraiser trainee, $115.00.

(9) Apprenticeship application, $50.00.

(10) Specialty or endorsement to existing license application, $100.00.

(11) Disciplinary action surcharge, $250.00.

(c) [Repealed.]

(d) Pursuant to qualifications and procedures determined by the Director, the Office shall, upon request, waive application fees to qualified military members and military spouses.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 5 / Section 1
§ 5-1. Exec. Order No. 5-1 (No. 02-92) [Vermont Rail Council]
Status: in_force

Expired by its own terms, effective December 31, 1993.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 22 / Section 4
§ 22-4. Exec. Order No. 22-4 (No. 02-99) [Fifty States Commemorative Coin Program Act]
Status: in_force

Expired by its own terms, effective July 1, 1999.
3APPENDIX V.S.A. § 62 — VT Code / Title 3APPENDIX / Chapter 20 / Section 62
§ 20-62. Exec. Order No. 20-62 (No. 03-22) [Search and Rescue Council]
Status: repealed

WHEREAS, in 2013, the General Assembly enacted Act 26 of the Laws of 2013, An Act Relating to Search and Rescue, which created coordinated processes for state and local search and rescue response through the Commissioner of Public Safety, as well as establish an Amber Alert Program and a Search and Rescue Council; and

WHEREAS, after eight years of successfully working to improve search and rescue operations throughout the State, the Search and Rescue Council statutory authority sunset and was repealed as of July 1, 2021; and

WHEREAS, it is in the best interest of Vermonters and the Vermont public safety community to continue the work of the Search and Rescue Council.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby the recreate and establish the Search and Rescue Council (“Council”), as follows:

I. Composition and Appointments

A. Membership. The Council shall be composed of eight members who shall serve two-year terms commencing on July 1 of each odd-numbered year. Members of the Council shall be as follows:

1. The Search and Rescue Coordinator;

2. The Vermont State Police Search and Rescue Team Leader;

3. One member of the Department of Fish and Wildlife, appointed by the Commissioner of the Department;

4. One member of the public with experience in search and rescue operations, appointed by the Governor;

5. One member of the National Ski Patrol or the Green Mountain Club with experience in search and rescue operations, appointed by the Governor;

6. One member of a professional or volunteer search and rescue organization, appointed by the Governor; and

7. One member of a professional or volunteer search and rescue organization, appointed by the Governor; andvolunteer and one career firefighter, each of whom has completed the Vermont Basic Search and Rescue course or equivalent and NIMS Incident Command training IS100 and IS200.

The appointed members shall be appointed to reflect the different geographic regions of the State.

The Council shall elect a Chair from its membership.

The Council shall receive administrative support from the Department of Public Safety.

II. Charge

A. The Council shall be responsible for analyzing the performance of search and rescue operations conducted in the State

B. The Council shall:

1) meet quarterly and upon the call of the Chair;

2) establish and review and update the search and rescue training and equipment standards that shall be required of members of the Search and Rescue Team;

3) review completed search and rescue operations and make recommendations to search and rescue resources on how those operations may be improved; and

4) at its discretion and subject to the provisions of 32 V.S.A. § 5, apply for and accept contributions, capital grants, gifts, services, and funds from any source.

C. The Council shall prepare a report for the Commissioner of the Department of Public Safety no later than January 15 of each year. At a minimum, the report shall detail mission statistics, describe the status of outreach and education and training, make recommendations, if any, needed for improved operations and include such other information requested by the Commissioner.

Members who are not otherwise employed by the State, a County or a municipality may receive per diem compensation in accordance with 32 V.S.A. § 1010(e).

III. Effective Date

This Executive Order shall take effect upon signing and shall be retroactive to July 1, 2021. The members of the Search and Rescue Council who have been appointed by the Governor to serve through July 1, 2023 shall serve out their current terms.

Dated March 22, 2022
3 V.S.A. § 905 — VT Code / Title 3 / Chapter 27 / Section 905
§ 905. Management rights
Status: in_force

(a) The Governor or designee for the State of Vermont, the Chancellor or designee for the Vermont State Colleges, the President or designee for the University of Vermont, and the Executive Director or designee for the Department of State's Attorneys and Sheriffs shall act as the employer representatives in collective bargaining negotiations and administration. The representative shall be responsible for ensuring consistency in the terms and conditions in various agreements throughout the State service and ensuring compatibility with merit system statutes and principles and shall not agree to any terms or conditions for which there are not adequate funds available.

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

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

(2) with the approval of the Governor, take whatever action may be necessary to carry out the mission of the agency in an emergency situation.
3 V.S.A. § 3089 — VT Code / Title 3 / Chapter 53 / Section 3089
§ 3089. Department of Mental Health
Status: in_force

The Department of Mental Health is created within the Agency of Human Services as the successor to and the continuation of the Division of Mental Health Services of the Department of Health. The Department of Mental Health shall be responsible for the operation of the Vermont State Hospital or its successor in interest as defined in subdivision 455(28) of this title.
3APPENDIX V.S.A. § 7 — VT Code / Title 3APPENDIX / Chapter 21 / Section 7
§ 21-7. Exec. Order No. 21-7 (No. 06-01) [Transfer of the Division of Occupational Health from the Department of Health to the Department of Labor and Industry]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 2472 — VT Code / Title 3 / Chapter 47 / Section 2472
§ 2472. Department of Housing and Community Development
Status: in_force

(a) The Department of Housing and Community Development is created within the Agency of Commerce and Community Development. The Department shall:

(1) Be the central State agency to coordinate, consolidate, and operate, to the extent possible, all housing programs enacted hereafter by the General Assembly or created by executive order of the Governor.

(2) Be the central State agency for local and regional planning and coordination.

(3) Administer the Community Development Block Grant Program pursuant to 10 V.S.A. chapter 29. When awarding municipal planning grants prior to fiscal year 2012, the Department shall give priority to grants for downtowns, new town centers, growth centers, and Vermont neighborhoods.

(4) In partnership with the Division for Historic Preservation, direct, supervise, and administer the Vermont Downtown Program, and any other program designed to preserve the continued economic vitality of the State's traditional commercial districts.

(5) In conjunction with the Vermont Housing Finance Agency, annually publish data and information to enable the public to determine income levels and costs for owner-occupied and rental housing to qualify as affordable housing, as defined in 24 V.S.A. § 4303 and 10 V.S.A. § 6001(29), including:

(A) the median income for each Vermont county, as defined by the U.S. Department of Housing and Urban Development;

(B) the standard metropolitan statistical area median income for each municipality located in such an area, as defined by the U.S. Department of Housing and Urban Development; and

(C) the statewide median income, as defined by the U.S. Department of Housing and Urban Development.

(b) Neither the Vermont State Housing Authority or the Vermont Housing Finance Agency shall be considered part of the Department but shall keep the Department advised of programs and activities being conducted.
3 V.S.A. § 460 — VT Code / Title 3 / Chapter 16 / Section 460
§ 460. Ordinary disability retirement
Status: in_force

(a) Upon the application of a member or of the member's department head not later than 90 days, or longer for cause shown, after the date the member may have separated from service, any Group A, Group C, Group D, Group F, or Group G member who has had five or more years of creditable service may be retired by the retirement board on an ordinary disability retirement allowance, not less than 30 nor more than 90 days after filing such application; provided the member is not eligible for accidental disability retirement; provided the member has requested application prior to death; and provided that the Medical Board, after a medical examination of such member, shall certify that the member is mentally or physically incapacitated for the further performance of duty, that such incapacity has existed since the time of the member's separation from service and is likely to be permanent, and that he or she should be retired. The Retirement Board may consider, or may ask the Medical Board or a certified vocational rehabilitation counselor to consider, whether the individual is disabled from performing other types of suitable work. However, if disability is denied because the individual is found to be suitable for other work, the member shall be advised at the time of denial of the following provisions that shall apply:

(1) the individual will retain the individual's existing retirement accrual status;

(2) the State shall provide any necessary retraining;

(3) there shall be no loss in pay;

(4) involuntary geographical moves beyond normal commuting distance are not permitted; and

(5) before any individual who is reassigned to another position rather than retired on disability may be terminated for performance reasons, the individual must first be reconsidered for disability retirement by the Retirement Board.

(b)(1) Upon ordinary disability retirement, a Group A, Group D, Group F, or Group G member shall receive a normal retirement allowance equal to the normal retirement benefit accrued to the effective date of the disability retirement; provided, however, that such allowance shall not be less than 25 percent of the member's average final compensation at the time of the member's disability retirement.

(2) Employees who are not eligible for representation by the Vermont State Employees' Association, including managerial, confidential, elected, and appointed officials, judicial, legislative, and exempt employees, who are employed on February 1, 1997, and whose application for the State's long-term disability plan is denied solely because of a preexisting condition, shall, if they are otherwise eligible for ordinary disability retirement, be entitled to a retirement allowance that, when added to Social Security and/or other disability payments, equals 66⅔ percent of the employee's final average compensation at the time of the disability retirement.

(c) Notwithstanding subsection (b) of this section, a Group C member, upon ordinary disability retirement, shall receive an additional allowance that will, when added to his or her Social Security benefit, be equal to 10 percent of his or her average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23.

(d) Notwithstanding subsection (b) or (c) of this section, a member may not receive more than 50 percent of his or her average final compensation at the time of his or her disability retirement.
3 V.S.A. § 2506 — VT Code / Title 3 / Chapter 47 / Section 2506
§ 2506. Penalties
Status: in_force

Any person who uses the Market Vermont logo without authority, after it has been filed with the Secretary of State in accordance with section 2504 of this title, shall be deemed to have committed an unfair or deceptive act or practice within the meaning of 9 V.S.A. § 2453 and shall be subject to the penalties and injunctive authority provided in 9 V.S.A. chapter 63.
3APPENDIX V.S.A. § 14 — VT Code / Title 3APPENDIX / Chapter 18 / Section 14
§ 18-14. Exec. Order No. 18-14 (No. 04-01) [Bipartisan Commission on Health Care Availability and Affordability]
Status: in_force

Expired by its own terms, effective June 30, 2002.
3 V.S.A. § 817 — VT Code / Title 3 / Chapter 25 / Section 817
§ 817. Legislative Committee on Administrative Rules
Status: repealed

(a) There is created a joint legislative committee to be known as the Legislative Committee on Administrative Rules. The Legislative Committee on Administrative Rules shall be composed of eight members of the General Assembly to be appointed for two-year terms ending on February 1 of odd-numbered years as follows: four members of the House of Representatives, appointed by the Speaker of the House, not all from the same party, and four members of the Senate to be appointed by the Senate Committee on Committees, not all from the same party. The Committee shall elect a chair and a vice chair from among its members.

(b) The Committee shall meet as necessary for the prompt discharge of its duties and may use the staff and services of the Office of Legislative Counsel and the Office of Legislative Operations. The Committee shall adopt rules to govern its operation and organization. A quorum of the Committee shall consist of five members. For attendance at a meeting when the General Assembly is not in session, members of the Legislative Committee on Administrative Rules shall be entitled to the same per diem compensation and reimbursement for necessary expenses as provided members of standing committees under 2 V.S.A. § 23.

(c) The Legislative Committee on Administrative Rules may hold public hearings on a proposed or previously adopted rule on its own initiative. The Committee shall give public notice of any hearing at least 10 days in advance and shall notify the agency affected. Any public hearing shall be scheduled at a time and place chosen to afford opportunity for affected persons to present their views. As appropriate, the Legislative Committee on Administrative Rules shall consult with the standing legislative committee having jurisdiction in the area of the rule under review.

(d) In addition to its powers under section 842 of this title concerning rules, the Committee may, in similar manner, conduct public hearings, object, and file objections concerning existing rules. A rule reviewed under this subsection shall remain in effect until amended or repealed.

(e) At any time following its consideration of a final proposal under section 841 of this title, the Committee, by majority vote of the entire Committee, may request that any standing committees of the General Assembly review the issues or questions presented therein that are outside the jurisdiction of the Committee but are within the jurisdiction of the standing committees. On receiving a request for review under this subsection, a standing committee may at its discretion review the issues or questions and act on them. The Committee's request for review shall not affect the review or review period of a final proposal.
3APPENDIX V.S.A. § 36 — VT Code / Title 3APPENDIX / Chapter 29 / Section 36
§ 29-36. Exec. Order No. 29-36 (No. 07-06) [Transfer of Certain Easements and Rights in Middlesex from the Agency of Natural Resources to the Agency of Transportation]
Status: in_force

WHEREAS, it appears that certain easements and/or rights on land hereinafter described and located in the Town of Middlesex, County of Washington, and State of Vermont are presently under the jurisdiction and control of the Agency of Natural Resources, Department of Environmental Conservation; and

WHEREAS, the Agency of Transportation desires the use of said easements and/or rights on lands for its purposes in connection with the construction of Highway Project Middlesex BRF 0241 (32).

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to the Agency of Transportation jurisdiction and control over certain easements and/or rights on land of the Agency of Natural Resources, Department of Environmental Conservation for its purposes, said easements and/or rights being more particularly described as follows:

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

Warranty Deed from John A. Forbes and Sarah V. Forbes dated April 17, 1986, which is recorded in Book 21, Page 42; and

Warranty Deed from Albert J. LaChapelle and Mattie K. LaChapelle dated July 22, 1933, which is recorded in Book 20, Page 163, both of the land records of the Town of Middlesex and being more particularly described as follows:

Being Parcels #1A, 1B and 1C, consisting of easements and/or rights on land as shown on Pages 15, 16 and 17 of the plans for Highway Middlesex BRF 0241 (32) (“the Highway Project”) as filed on the 30th day of November, 2005 in the office of the clerk of the Town of Middlesex.

In connection with the above parcels, the following easements are conveyed:

Temporary easements during the period of construction to enter upon land of the grantor, for construction purposes, including, but not limited to, the right to cut and dispose of all trees, stubs, brush, bushes and debris and down timber; install erosion control barriers and project demarcation fence as necessary; and undertake general construction functions; in an area of 191.8 square meters (2,064 square feet), more or less, located left of and between approximate stations 2000+004.28 and 2000+067.93; in an area of 272.7 square meters (2,935 square feet), more or less, located right of and between approximate stations 1999+998.42 and 2000+068.24; in an area of 278.7 square meters (3,000 square feet), more or less, located right of and between approximate stations 2000+086.08 and 2000+211.64; and in an area of 382.8 square meters (4,006 square feet), more or less, located left of and between approximate stations 2000+084.67 and 2000+208.26; all stations are of the established centerline of the Highway Project.

Permanent easements to extend and maintain highway slopes and embankments in areas of 44.8 square meters (482 square feet), more or less, 17.5 square meters (188 square feet), more or less, 331.9 square meters (3,573 square feet), more or less, and 258.1 square meters (2,778 square feet), more or less, as shown on the aforesaid Highway Project plans. The right to install temporary erosion control barriers may be included within the permanent slope easements as noted on the project plans, together with the right to keep the erosion control barriers clear of debris and functioning properly throughout the construction of the project.

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

A temporary easement, in an area of 0.12 hectare (0.30 acre), more or less, to enter upon land of the grantor during the period of construction to construct and use a temporary two-way vehicular detour, right of and between approximate stations 2000+010.55 and 2000+142.74 of the established centerline of the Highway Project.

Temporary easements to enter upon land of the grantor, during the period of construction to construct a wildlife path; in an area of 3.4 square meters (37 square feet), more or less, right of and between approximate stations 2000+060.94 and 2000+064.95; in an area of 0.5 square meters (5 square feet), more or less, right of and between approximate stations 2000+091.07 and 2000+092.84; and in an area of 1.5 square meters (16 square feet), more or less, left of and between approximate stations 2000+087.87 and 2000+090.76; all stations are of the established centerline of the Highway Project.

This Executive Order shall take effect upon signing.

Dated October 30, 2006.
3 V.S.A. § 3054 — VT Code / Title 3 / Chapter 53 / Section 3054
§ 3054. Directors
Status: in_force

(a) A director shall administer each division within the Agency. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions that are part of a department, and the Secretary shall appoint any other directors. All directors shall be appointed subject to the provisions of section 14 of this act.

(b) Each division and its officers shall be under the direction and control of the appointing authority except with regard to judicial or quasi-judicial acts or duties vested in them by law.

(c) No rule or regulation may be issued by a director of a division without the approval of the appointing authority.
3 V.S.A. § 466 — VT Code / Title 3 / Chapter 16 / Section 466
§ 466. Coordination of disability retirement benefits with workers' compensation benefits
Status: in_force

(a) Disability pension and annuity retirement benefits payable under this chapter shall not commence until workers' compensation benefits have been exhausted under 21 V.S.A. § 642 or 646.

(b) Notwithstanding subsection (a) of this section, disability retirement benefits payable under this chapter shall be paid to a member who applies for and meets all of the eligibility criteria for disability retirement under section 460 or 461 of this title, has filed a claim for temporary disability workers' compensation benefits under 21 V.S.A. § 642 or 646, and for whom no such benefits have been or are being paid pursuant to any of these sections. If the disability retiree receives temporary workers' compensation benefits pursuant to 21 V.S.A. § 642 or 646, disability retirement pension and annuity benefit payments shall cease immediately and the retiree shall be immediately restored to his or her employment position and status as existed immediately preceding separation from service as an employee, including restoration of all benefits that existed at that time. Acceptance of disability retirement benefits prior to being restored to State service shall not act as a waiver under subsection (d) of this section.

(c) No employee shall concurrently receive both disability retirement benefits payable under this chapter and workers' compensation benefits payable under section 21 V.S.A. § 642 or 646. If an employee receives disability retirement pension and annuity benefits and later receives an award for temporary disability workers' compensation benefits for the same period, the Vermont State Retirement System shall have a lien against any retroactive workers' compensation award under 21 V.S.A. § 642 or 646 for the same period that the employee received disability retirement benefits in the amount of the disability retirement pension and annuity benefits paid. Any recovery under 21 V.S.A. § 642 or 646 against the employer or the employer's workers' compensation insurance carrier shall, after deducting expenses of recovery, reimburse the Vermont State Retirement System for disability retirement pension and annuity benefits for all retroactive periods of time included in the recovery. The State Treasurer shall notify the Department of Buildings and General Services when a disability retirement application is approved for an employee who has filed a workers' compensation claim. The Department of Buildings and General Services or its workers' compensation insurance carrier shall notify the State Treasurer of commencement or termination of any workers' compensation payments or awards to an employee who has been reported by the State Treasurer as eligible to receive disability retirement benefits.

(d) An employee who chooses to accept disability retirement benefits payable under this chapter, except as otherwise described under this section and subsection (b) of this section, shall waive any claim for benefits in excess of 330 weeks under 21 V.S.A. §§ 644 and 645. Under this subsection, an employee may receive permanent disability benefits under 21 V.S.A. chapter 9 and disability retirement benefits under this chapter simultaneously for up to 330 weeks. Prior to actual payment of disability retirement benefits, the disability retiree shall make an election of what benefit he or she wants to receive after 330 weeks by indicating on a form provided by the State Treasurer at the time of application. The form shall advise the disability retiree in conspicuous print that he or she may wish to consult with legal counsel prior to making the election.
3 V.S.A. § 1211 — VT Code / Title 3 / Chapter 31 / Section 1211
§ 1211. Executive officers; annual disclosure
Status: repealed

(a) Annually, each Executive officer and county officer shall file with the State Ethics Commission a disclosure form that contains the following information in regard to the previous 12 months:

(1) each source, but not amount, of personal income of the officer and of the officer's spouse or domestic partner, and of the officer together with the officer's spouse or domestic partner, that totals more than $5,000.00, including:

(A) the officer's employer or business name and address; and

(B) if self-employed, a description of the nature of the self-employment, including the names of any clients whose principal business activities are regulated by or that have a contract with any municipal or State office, department, or agency, provided that this information is known to the candidate or the candidate's domestic partner and that the disclosed information is not confidential information;

(2) any board, commission, or other entity that is regulated by law on which the officer served and the officer's position on that entity;

(3)(A) any company of which the officer or the officer's spouse or domestic partner, or the officer together with the officer's spouse or domestic partner, owned more than 10 percent; and

(B) the details of any loan made to any applicable company in subdivision (A) of this subdivision (3) that is not a commercially reasonable loan made in the ordinary course of business, including any borrower and lender;

(4) any company of which the officer or the officer's spouse or domestic partner, or the officer together with the officer's spouse or domestic partner, had an ownership or controlling interest in any amount, and the company had business before or with any municipal or State office, agency, or department;

(5) any lease or contract with the State held or entered into by:

(A) the officer or the officer's spouse or domestic partner; or

(B) a company of which the officer or the officer's spouse or domestic partner, or the officer together with the officer's spouse or domestic partner, owned more than 10 percent;

(6) a generalized description, but not amount, to the best of the candidate's knowledge, of the following investments held by a candidate or the candidate's spouse or domestic partner:

(A) individual stock holdings valued at $25,000.00 or more, which a candidate exercises control over or has the ability to buy or sell, which shall be listed individually;

(B) interests in investment funds valued at $25,000.00 or more that a candidate or the candidate's spouse or domestic partner has the ability to exercise control over the composition of assets within a fund, which shall be listed individually;

(C) interests in virtual currencies, as defined in 8 V.S.A. § 2503, valued at $25,000.00 or more, which shall be listed individually;

(D) interests in trusts valued at $25,000.00 or more, which shall be listed individually;

(E) municipal or State bonds issued in the State of Vermont of valued at $25,000.00 or more, which shall be listed individually; and

(F) the details of any loan valued at $10,000.00 or more, made to the candidate or the candidate's spouse that is not a commercially reasonable loan made in the ordinary course of business; and

(7) the full name of the candidate's spouse or domestic partner.

(b) In addition, if an Executive officer's or county officer's spouse or domestic partner is a lobbyist, the officer shall disclose that fact and provide the name of the officer's spouse or domestic partner and, if applicable, the name of the lobbying firm.

(c)(1) Disclosure forms shall contain the statement, “I certify that the information provided on all pages of this disclosure form is true to the best of my knowledge, information, and belief.”

(2) Each Executive officer and county officer shall sign the officer's disclosure form in order to certify it in accordance with this subsection.

(d)(1) Each Executive officer and county officer shall file the officer's disclosure on or before January 15 of each year or, if the officer is appointed after January 15, within 10 days after that appointment.

(2) [Repealed.]

(e) [Repealed.]
3 V.S.A. § 2002 — VT Code / Title 3 / Chapter 41 / Section 2002
§ 2002. Executive Orders
Status: in_force

(a) The Governor may propose by executive order changes in the organization of the Executive Branch of government that are not consistent with or will supersede existing organization provided for by law. The executive order shall be submitted to both houses of the General Assembly.

(b) An executive order issued under this chapter shall be presented to the General Assembly not later than January 15th of the year in which the General Assembly sits. The executive order shall become effective unless disapproved by resolution of either House of the General Assembly within 90 days, or before final adjournment of that annual session, whichever comes first.

(c) Executive orders that become effective under this chapter shall be printed with the session laws and published as an appendix to the Vermont Statutes Annotated.

(d)(1) Notwithstanding subsections (a) and (b) of this section, the Governor may revise existing executive orders to use respectful language consistent with Vermont Statutes Annotated and the respectful language study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1. The authority pertains only to nonsubstantive revisions using respectful language and does not confer authority to make other changes.

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