3 V.S.A. § 459 — VT Code / Title 3 / Chapter 16 / Section 459
§ 459. Normal and early retirement
Status: repealed

(a) Normal retirement.

(1) Group A, Group D, Group F, and Group G members. Any Group A, Group D, Group F, or Group G member who has reached the member's normal retirement date may retire on a normal retirement allowance on the first day of any month after the member's separation from service by filing an application in the manner outlined in subdivision (3) of this subsection.

(2) Group C members. Any Group C member who is an officer or employee of the Department of Public Safety assigned to police and law enforcement duties, including the Commissioner of Public Safety appointed before July 1, 2000, and who has reached his or her normal retirement date may retire on a normal retirement allowance, on the first day of any month after the member may have separated from service, by filing an application in the manner outlined in subdivision (3) of this subsection. Any Group C member in service shall be retired on a normal retirement allowance on the first day of the calendar month next following attainment of 57 years of age. Notwithstanding, it is provided that any such member who is an official appointed for a term of years may remain in service until the end of the member's term of office or any extension thereto, resulting from reappointment.

(3) Where application for a retirement allowance is required, the member shall apply in writing to the Retirement Board not later than 90 days, or longer for cause shown, after the date upon which the retirement allowance is to begin.

(4) [Repealed.]

(b) Normal retirement allowance.

(1) Upon normal retirement, a Group A member shall receive a normal retirement allowance that shall be equal to 50 percent of the member's average final compensation; provided, however, that if the member has not completed 30 years of creditable service at retirement, or, if earlier, the date of attainment of such age as may be applicable under the provisions of subdivision (a)(4) of this section, the member's allowance shall be multiplied by the ratio that the number of the member's years of creditable service at retirement, or such earlier date, bears to 30.

(2)(A) Upon normal retirement, a Group C member shall receive a normal retirement allowance that shall be equal to 50 percent of the member's average final compensation; provided, however, that if the member has not completed 20 years of creditable service at retirement, or, if earlier, the date of attainment of such age as may be applicable under the provisions of subdivision (a)(4) of this section, the member's allowance shall be multiplied by the ratio that the number of the member's years of creditable service at retirement, or such earlier date, bears to 20.

(B) For a Group C member, for each year of service that is completed on or after July 1, 2022 after attaining the later of 50 years of age or completing 20 years of service, a member's maximum normal retirement allowance shall increase by an amount equal to one and one-half percent of the member's average final compensation.

(3)(A) Group D members, upon normal retirement, shall receive a normal retirement allowance equal to one and two-thirds percent of the member's average final compensation times the years of Group D membership service up to 12 years. Group D members shall receive an additional retirement allowance according to years of service as a Supreme Court Justice, a Superior judge, an Environmental judge, a District judge, or a Probate judge, or any combination thereof, as follows:

(i) After 12 years of service, an additional retirement allowance of an amount that, together with the normal service retirement allowance for the first 12 years, will make the total equal to two-fifths of their average final compensation.

(ii) For each year of service in excess of 12 years, an amount equal to three and one-third percent of their average final compensation shall be added to the retirement allowance as computed in subdivision (i) of this subdivision (3)(A). However, at no time shall the total retirement allowance exceed their salary at retirement. In addition to the normal retirement allowance, such additional retirement allowance shall be treated as the normal retirement allowance.

(B) The total retirement allowance for Group D members shall be as follows:

(i) For a Group D member who retires on or before June 30, 2022, the total retirement allowance shall not exceed the member's salary at retirement.

(ii) For a Group D member 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 total retirement allowance shall not exceed the member's salary at retirement.

(iii) For a Group D member who retires on or after July 1, 2022, and who does not meet the requirements set forth in subdivision (i) or (ii) of this subdivision (3)(B), the member's total retirement allowance shall not exceed 80 percent of the member's average final compensation.

(C) [Repealed.]

(4) [Repealed.]

(5)(A) Until January 1, 1995, upon normal retirement, a Group F member shall receive a normal retirement allowance that shall be equal to 1¼ percent of his or her average final compensation times years of creditable service. On and after January 1, 1995, upon normal retirement, a Group F member shall receive a normal retirement allowance equal to 1¼ percent of the member's average final compensation times years of membership service prior to January 1, 1991 plus a pension that when added to an annuity shall be equal to 1⅔ percent of the member's average final compensation times years of membership service on and after January 1, 1991. The maximum retirement allowance shall be 50 percent of average final compensation.

(B) A Group F member first included in the membership of the system on or after July 1, 2008, upon normal retirement, shall receive a normal retirement allowance equal to 1⅔ percent of the member's average final compensation times years of membership service. The maximum retirement allowance shall be 60 percent of average final compensation.

(6)(A) Upon normal retirement pursuant to subdivisions 455(a)(13)(E)(i), (iii), (iv), and (vi) of this chapter, a Group G member shall receive a normal retirement allowance equal to two and one-half of a percent of the member's average final compensation times years of membership service in Group G. The maximum retirement allowance shall be 50 percent of average final compensation.

(B) Upon normal retirement pursuant to subdivisions 455(a)(13)(E)(ii) and (v) of this chapter, a Group G member shall receive a normal retirement allowance equal to two and one-half of a percent of the member's average final compensation times years of membership service in Group G. The maximum retirement allowance shall be 60 percent of average final compensation.

(c) Early retirement.

(1) Group A and Group D members. Any Group A or Group D member who has not reached his or her normal retirement date but who has completed 30 years of creditable service or who has attained age 55 and completed five years of such service may retire on an early retirement allowance.

(2) Group C members. Any Group C member who has not reached his or her normal retirement date but who has attained age 50 and completed 20 years of creditable service may retire on an early retirement allowance.

(3) Group F members. Any Group F member who has not attained age 62 but who has attained age 55 and has completed five years, but less than 30 years, of creditable service may retire on an early retirement allowance.

(4) Group G members. Any Group G member who has attained 55 years of age and has completed five years of creditable service may retire on an early retirement allowance.

(d) Early retirement allowance.

(1) Upon early retirement, a Group A member, except facility employees in the Department of Corrections, shall receive an early retirement allowance that shall be the actuarial equivalent of the normal retirement allowance computed under subsection (b) of this section, based on the average final compensation and years of creditable service at the date of early retirement. However, if a Group A member has completed 30 years of creditable service but has not reached normal retirement date, the early retirement allowance shall be equal to the normal retirement allowance computed under subsection (b) of this section. Group A members who have 20 years of service as facility employees in the Department of Corrections shall receive an early retirement allowance that shall be equal to the normal retirement allowance at age 55 without reduction.

(2)(A) Upon early retirement, a Group F member, except facility employees of the Department of Corrections, Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, and Woodside facility employees, shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by one-half of one percent for each month the member is under age 62 at the time of early retirement. Group F members who have 20 years of service as facility employees of the Department of Corrections, as Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, or as Woodside facility employees, or as Vermont State Hospital employees, or as employees of its successor in interest, who provide direct patient care shall receive an early retirement allowance that shall be equal to the normal retirement allowance at age 55 without reduction, provided the 20 years of service occurred in one or more of the following capacities as an employee of the Department of Corrections, Woodside facility, or the Vermont State Hospital, or its successor in interest: facility employee, community service center employee, or court and reparative service unit employee.

(B) Upon early retirement, a Group F member first included in the membership of the system on or after July 1, 2008, except facility employees of the Department of Corrections and Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, and Woodside facility employees, shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by:

(i) one-eighth of one percent for each month the member is under age 65, provided the member has accrued 35 years of service at the time of early retirement;

(ii) one-quarter of one percent for each month the member is under age 65, provided the member has accrued 30 years of service but less than 35 years of service at the time of early retirement;

(iii) one-third of one percent for each month the member is under age 65, provided the member has accrued 25 years of service but less than 30 years of service at the time of early retirement;

(iv) five-twelfths of one percent for each month the member is under age 65, provided the member has accrued 20 years of service but less than 25 years of service at the time of early retirement;

(v) five-ninths of one percent for each month the member is under age 65, provided the member has accrued less than 20 years of service at the time of early retirement.

(3) Upon early retirement, a Group D member shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by one-quarter of one percent for each month the member is under the member's normal retirement date at the time of early retirement.

(4)(A) Upon early retirement, a Group G member who was previously a Group F member first included in the membership of the System on or before June 30, 2008, and who elected to transfer into Group G pursuant to the terms set by the Board, shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by the lesser of (i) one-half of one percent for each month equal to the difference between the 240 months and the member's months of creditable service, or (ii) an amount that shall be the actuarial equivalent of the normal retirement allowance computed under subsection (b) of this section.

(B) Upon early retirement, a Group G member who was previously a Group F member first included in the membership of the System on or after July 1, 2008, and who elected to transfer into Group G pursuant to the terms set by the Board, shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by the lesser of five-ninths of one percent for each month equal to the difference between the 240 months and the member's months of creditable service; or

(C) Upon early retirement, all Group G members other than those specified in subdivision (A) of this subdivision (d)(4) shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by an amount that shall be the actuarial equivalent of the normal retirement allowance computed under subsection (b) of this section.

(5) Notwithstanding subdivisions (1) and (2) of this subsection, an employee of the Department of Fish and Wildlife assigned to law enforcement duties, an employee of the Military Department assigned to airport firefighting duties, or a Group C member shall, upon early retirement, receive an early retirement allowance that shall be equal to the normal retirement allowance computed under subsection (b) of this section.

(6) Notwithstanding subdivisions (1) and (2) of this subsection, a State's Attorney, the Defender General, or sheriff who has completed 20 years of creditable service, of which 15 years has been as a State's Attorney, the Defender General, or sheriff, shall receive an early retirement allowance equal to the normal retirement allowance, at 55 years of age, without reductions.

(e) Any member who retires before age 62 may, at any time prior to the date the first payment on account of his or her retirement allowance becomes normally due, elect to convert the retirement allowance otherwise payable after retirement into an increased retirement allowance that is its actuarial equivalent and is of such amount that, with his or her Social Security payment at age 62, the member will receive, so far as possible, the same amount each year before and after such Social Security payment commences.

(f) Beginning July 1, 1989, the normal retirement allowance for Group A members shall be not less than the larger of $3,000.00 a year or 50 percent of his or her average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed less than 30 years of creditable service. Beginning March 1, 1998, the service retirement allowance shall be not less than the larger of $4,200.00 a year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service. Beginning September 1, 2006, the service retirement allowance shall be not less than the larger of $6,600.00 per year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service. Beginning September 1, 2011, and on September 1 of every fifth year thereafter, the minimum service retirement allowance shall be increased by $1,000.00.
3 V.S.A. § 5005 — VT Code / Title 3 / Chapter 68 / Section 5005
§ 5005. Nomination and appointment process
Status: in_force

(a) The Racial Equity Advisory Panel shall select for consideration by the Panel, by majority vote, provided that a quorum is present, from the applications for the position of Executive Director of Racial Equity as many candidates as it deems qualified for the position.

(b) The Panel shall submit to the Governor the names of the candidates deemed most qualified to be appointed to fill the position.

(c) The Governor shall make the appointment to the Executive Director position from the list of qualified candidates submitted pursuant to subsection (b) of this section. The names of candidates submitted and not selected shall remain confidential.
3 V.S.A. § 5011 — VT Code / Title 3 / Chapter 68 / Section 5011
§ 5011. Division of Racial Justice Statistics; creation; purpose
Status: in_force

(a) Creation. There is created within the Office of Racial Equity the Division of Racial Justice Statistics to collect and analyze data related to systemic racial bias and disparities within the criminal and juvenile justice systems.

(b) Purpose. The mission of the Division is to collect and analyze data relating to racial disparities with the intent to center racial equity throughout these efforts. The purpose of the Division is to create, promote, and advance a system and structure that provides access to appropriate data and information, ensuring that privacy interests are protected and principles of transparency and accountability are clearly expressed. The data are to be used to inform policy decisions that work toward the amelioration of racial disparities across various systems of State government.
3 V.S.A. § 318 — VT Code / Title 3 / Chapter 13 / Section 318
§ 318. Offenses
Status: in_force

(a) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provision of this chapter or in any manner commit any fraud preventing the impartial execution of this chapter and the rules.

(b) No employee of the Department, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examination, eligibility, certification, or appointment under this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.

(c) Any person who wilfully violates any provision of this section shall be guilty of misdemeanor and upon conviction shall be fined not to exceed $100.00 or imprisoned for not to exceed 60 days, or both.
3APPENDIX V.S.A. § 44 — VT Code / Title 3APPENDIX / Chapter 10 / Section 44
§ 10-44. Exec. Order No. 10-44 (No. 01-18) [Temporary Suspension of Heating Oil Content Requirements Due to Inadequate Supply]
Status: in_force

WHEREAS, the State has suffered an extended period of extreme cold weather which has resulted in depleted heating fuel oil supplies posing risks to the life and safety of Vermonters, particularly our most vulnerable residents; and

WHEREAS, in consultation with the Secretary of the Agency of Natural Resources (Secretary) and the Commissioner of Public Service (Commissioner), I have determined that meeting the sulphur content limitations set forth in 10 V.S.A. § 585(b) is not feasible due to an inadequate supply of heating oil available to Essex, Caledonia, Orange, Windsor and Windham Counties; and

WHEREAS, a temporary suspension of State heating oil sulphur content limitations would provide additional flexibility for companies that deliver heating oil in both New Hampshire and Vermont to purchase fuel from either Maine or New Hampshire.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont pursuant to 10 V.S.A. § 585(e), hereby suspend the implementation and enforcement of the sulphur content limitations for heating oil sold within the State for residential, commercial or industrial uses, including space and water heating, effective immediately and to extend no further than January 24, 2018 or such earlier date as I may determine, in consultation with the Secretary and the Commissioner, that Vermonters are no longer at risk from inadequate supply.

This Order shall take effect upon signing.

Dated January 10, 2018.
3 V.S.A. § 316 — VT Code / Title 3 / Chapter 13 / Section 316
§ 316. Records of the Department of Human Resources
Status: in_force

The records of the Department, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable rules as to the time and manner of inspection as may be prescribed by the Commissioner.
3 V.S.A. § 1012 — VT Code / Title 3 / Chapter 28 / Section 1012
§ 1012. Employees' rights and duties; prohibited acts
Status: in_force

(a) Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through their chosen representatives; to engage in concerted activities of collective bargaining or other mutual aid or protection; to refrain from any or all those activities, except as provided in subsections (b) and (c) of this section; and to appeal grievances as provided in this chapter.

(b) An employee may not strike or recognize a picket line of an employee organization while performing the employee's official duties.

(c) An employee who exercises the right not to join the employee organization representing the employee's certified unit pursuant to section 1021 of this title shall pay a collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.

(d) The employer and employees and the employee's representative shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 1013 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees.

(e) Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee's wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction.
3 V.S.A. § 2805 — VT Code / Title 3 / Chapter 51 / Section 2805
§ 2805. Environmental Permit Fund
Status: in_force

(a) There is hereby established a special fund to be known as the Environmental Permit Fund. Within the Fund, there shall be two accounts: the Environmental Permit Account and the Air Pollution Control Account. Unless otherwise specified, fees collected in accordance with subsections 2822(i) and (j) of this title and 10 V.S.A. § 2625 and gifts and appropriations shall be deposited in the Environmental Permit Account. Fees collected in accordance with subdivision 2822(j)(1) and subsections 2822(k) and (m) of this title shall be deposited in the Air Pollution Control Account. The Environmental Permit Fund shall be used to implement the programs specified under section 2822 of this title. The Secretary of Natural Resources shall be responsible for the Fund and shall account for the revenues and expenditures of the Agency of Natural Resources. The Environmental Permit Fund shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Environmental Permit Fund shall be used to cover a portion of the costs of administering the Environmental Division established under 4 V.S.A. chapter 27. The amount of $143,000.00 per fiscal year shall be disbursed for this purpose.

(b) Any fee required to be collected under subdivision 2822(j)(1) of this title shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the operating permit program authorized under 10 V.S.A. chapter 23. Any fee required to be collected under subsection 2822(k) or (m) of this title for air pollution control permits or registrations or motor vehicle registrations shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the programs authorized under 10 V.S.A. chapter 23. Fees collected pursuant to subsections 2822(k) and (m) of this title shall be used by the Secretary to fund activities related to the Secretary's hazardous or toxic contaminant monitoring programs and motor vehicle-related programs.
3APPENDIX V.S.A. § 46 — VT Code / Title 3APPENDIX / Chapter 20 / Section 46
§ 20-46. Exec. Order No. 20-46 (No. 11-12) [Declaration of State of Emergency â€” Storm Sandy]
Status: in_force

As of October 28, 2012, a state of emergency exists within the State due to Storm Sandy. The State of Vermont, through its various agencies, is taking steps to prepare for the anticipated storm.

NOW, THEREFORE, I, Peter Shumlin, pursuant to the authority vested in me as Governor of the State of Vermont by the Vermont Constitution, Chapter II, § 20 and 20 V.S.A. §§ 8, 9 do hereby declare a state of emergency for the State of Vermont. I further order and direct activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to protect the public and to alleviate hardship and suffering of citizens and communities impacted by the emergency event.

ADDENDUM TO EXECUTIVE ORDER No. 11-12

Pursuant to 20 V.S.A. § 13, I, Peter Shumlin, pursuant to the authority vested in me as Governor of the State of Vermont, hereby proclaim that the state of emergency declared in Executive Order No. 11-12, dated October 29, 2012, has terminated effective November 9, 2012 at 12:00 PM.

Dated November 9, 2012.
3APPENDIX V.S.A. § 21 — VT Code / Title 3APPENDIX / Chapter 3 / Section 21
§ 3-21. Exec. Order No. 3-21 (No. 101-91) [Abolition of Certain Boards, Commissions, Councils and Other Bodies]
Status: in_force

WHEREAS, the Governor has the authority to issue Executive Orders to ensure efficiency and effectiveness in the management of state government; and

WHEREAS, several Executive Orders have been developed since January 10, 1985, to support the Governor's policy and program management actions; and

WHEREAS, the objectives of some of the Executive Orders have been achieved; and

WHEREAS, it is desirable to rescind the Executive Orders that are no longer necessary;

NOW, THEREFORE, BE IT RESOLVED that I, Madeleine M. Kunin, Governor of the State of Vermont, do hereby rescind the following Executive Orders:

Executive Order #1 dated February 21, 1985 (Job Skills Cabinet)

Executive Order #3 dated April 18, 1985 (Higher Education Planning Commission)

Executive Order #5 dated May 16, 1985 (Vermont Advisory Commission on Intergovernmental Relations)

Executive Order #8 dated June 19, 1985 (Asbestos Health Hazard Control Abatement Program)

Executive Order #9 dated June 20, 1985 (Burlington International Airport Special Study Group)

Executive Order #11 dated July 10, 1985 (Special Task Force on On-Site Waste Disposal Technology)

Executive Order #13 dated August 2, 1985 (Hunger Task Force)

Executive Order #14 dated August 2, 1985 (Vermont Telecommunications Commission)

Executive Order #16 dated October 10, 1985 (Sentencing Study Commission)

Executive Order #17 dated February 6, 1986 (Solid Waste Management Advisory Committee)

Executive Order #18 dated February 27, 1986 (Oil Overcharge Task Force)

Executive Order #27 dated July 24, 1986 (Oil Overcharge Task Force)

Executive Order #29 dated August 4, 1986 (Sentencing Study Commission)

Executive Order #39 dated February 10, 1987 (Telecommunications Oversight Committee)

Executive Order #40 dated February 11, 1987 (Special Task Force on Transportation Systems)

Executive Order #43 dated April 16, 1987 (Emergency Response Commission)

Executive Order #43a dated June 22, 1987 (Emergency Response Commission)

Executive Order #44 dated July 2, 1987 (Special Solid Waste Implementation Task Force)

Executive Order #46 dated July 13, 1987 (Special Commission on Public School Governance)

Executive Order #47 dated July 14, 1987 (Special Commission on Special Education)

Executive Order #50 dated September 22, 1987 (Commission on Vermont's Future: Guidelines for Growth)

Executive Order #57 dated January 9, 1988 (Administrative Law Task Force)

Executive Order #67 dated September 6, 1988 (Commission on Educating Vermont's Workforce)

Executive Order #69 dated November 22, 1988 (Poet Laureate Panel)

Executive Order #72 dated March 3, 1989 (Committee to Study Proposed Vermont Sports Entertainment Complex)

Executive Order #73 dated April 4, 1989 (Committee to Study Vermont Higher Education)

Executive Order #80 dated October 24, 1989 (Fish and Wildlife Commission)

Executive Order #83 dated January 12, 1990 (Reorganization of the Public Service Department)

This Executive Order shall take effect upon signing.

Dated January, 1991.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 18 / Section 1
§ 18-1. Exec. Order No. 18-1 (No. 35-79) [State Center for Health Statistics]
Status: in_force

WHEREAS, the planning and development of an improved health care delivery system in Vermont requires data on health status and the availability of health manpower, facilities, and other health resources; and

WHEREAS, the problems of inadequate information, lack of comparability, and duplication of data collection efforts in these areas have been addressed by the Health Services Research, Health Statistics, and Medical Libraries Act of 1974 (PL 93—353), the National Health Planning and Resources Development Act of 1974 (PS 93—641), the Health Professionals Educational Assistance Act of 1976 (PL 94—484) and the Health Services Research, Health Statistics, and Health Care Technology Act of 1978 (PL 95—623); and

WHEREAS, the Health Services Research, Health Statistics and Health Care Technology Act of 1978 establishes the Cooperative Health Statistics System and requires that states participating in the system designate a state agent to administer statistical activities under the system; and

WHEREAS, the Vermont Department of Health, through its Division of Public Health Statistics, is both the primary and coordinating agency for Cooperative Health Statistics System activities within Vermont;

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the authority vested in me as Governor, in order to carry into effect the action referred to above, do hereby designate the Vermont Department of Health as the Official State Center for Health Statistics in Vermont.

Dated July 18, 1979.
3 V.S.A. § 254 — VT Code / Title 3 / Chapter 11 / Section 254
§ 254. Term of officer elected by General Assembly
Status: in_force

The term of an officer elected by the General Assembly shall commence on March 1 in the year of such election and continue, if no other term is fixed by law, for the term of two years from and including such first day of March, and until his or her successor is elected and has qualified.
3 V.S.A. § 2006 — VT Code / Title 3 / Chapter 41 / Section 2006
§ 2006. Prospective effect
Status: in_force

The transfer of any agency, department, or division or any other governmental unit or its functions shall not affect any act done, liability incurred, or any right accrued or vested, or affect, abate, or prevent any action or prosecution pending or to be instituted to enforce any right or penalty or punish any offense nor shall it affect the validity of any contract to which the State, or any unit of the State, is a party in interest. (1969, No. 245 (Adj. Sess.), § 6(5), eff. April 4, 1970.)
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 32 / Section 1
§ 32-1. Exec. Order No. 32-1 (No. 32-86) [Allocation of 1986 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. § 61 — VT Code / Title 3APPENDIX / Chapter 20 / Section 61
§ 20-61. Exec. Order No. 20-61 (No. 05-20) [Emergency Guard Call-Out for Hospital Systems Restoration]
Status: in_force

Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601, and having determined the protection of health and safety and the preservation of the lives of the people of the State requires it, I hereby order and direct the Adjutant General of Vermont to order into service a force of the National Guard for the purpose of assisting in cybersecurity operations beginning November 1, 2020.

The need for National Guard assistance is a direct result of a known cyberattack on University of Vermont Medical Center information technology systems which occurred on October 28, 2020.

Payment for personnel performing the State service shall be in accordance with the provisions of 20 V.S.A. § 603.

This Order shall take effect upon signing and shall terminate at midnight, November 8, 2020 unless extended by the Governor.

Dated October 31, 2020

ADDENDUM TO EXECUTIVE ORDER 05-20

[Emergency Guard Call-Out for Hospital Systems Restoration]

Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601, and having determined the protection of health and safety and the preservation of the lives of the people of the State requires it, I hereby order and direct the Adjutant General of Vermont to extend the service of a force of the National Guard for the purpose of assisting in cybersecurity operations, which began November 1, 2020, through November 14, 2020 at midnight, unless extended by the Governor.

This Addendum to Executive Order 05-20 shall be effective as of November 8, 2020.

Dated November 9, 2020

ADDENDUM 2 TO EXECUTIVE ORDER 05-20

[Emergency Guard Call-Out for Hospital Systems Restoration]

Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601, and having determined the protection of health and safety and the preservation of the lives of the people of the State requires it, I hereby order and direct the Adjutant General of Vermont to extend the service of a force of the National Guard for the purpose of assisting in cybersecurity operations, which began November 1, 2020, through December 15, 2020 and coterminous with the Governor's Amended and Restated Executive Order 01-20, unless sooner rescinded by the Governor.

This Addendum to Executive Order 05-20 shall be effective as of November 14, 2020.

Dated November 17, 2020
3 V.S.A. § 847 — VT Code / Title 3 / Chapter 25 / Section 847
§ 847. Availability of adopted rules; rules by Secretary of State
Status: in_force

(a) Availability from agency. An agency shall make each rule it has finally adopted available to the public online and for physical inspection and copying. Online, the agency shall post its adopted rules on a separate web page that is readily accessible from a prominent link on its main web page, that lists adopted rules by title and topic and that is searchable.

(b) Register; code.

(1) The Secretary of State (Secretary) shall keep open to public inspection a permanent register of rules. The Secretary may satisfy this requirement by incorporating the register into the centralized rule system created pursuant to section 818 of this title.

(2) The Secretary shall publish a code of administrative rules that contains the rules adopted under this chapter. The requirement to publish a code shall be considered satisfied if a commercial publisher offers such a code in print at a competitive price and at no charge online. However, if the Secretary establishes the centralized rule system under section 818 of this title as a digital system, then the system shall include the online publication of this code.

(c) Rules for administration. The Secretary of State shall adopt rules for the effective administration of this chapter. These rules shall be applicable to every agency and shall include uniform procedural requirements, style, appropriate forms, and a system for compiling and indexing rules.
3 V.S.A. § 6003 — VT Code / Title 3 / Chapter 72 / Section 6003
§ 6003. Environmental justice State policy
Status: in_force

It is the policy of the State of Vermont that no segment of the population of the State should, because of its racial, cultural, or economic makeup, bear a disproportionate share of environmental burdens or be denied an equitable share of environmental benefits. It is further the policy of the State of Vermont to provide the opportunity for the meaningful participation of all individuals, with particular attention to environmental justice focus populations, in the development, implementation, or enforcement of any law, regulation, or policy.
3 V.S.A. § 1015 — VT Code / Title 3 / Chapter 28 / Section 1015
§ 1015. Designation of managerial, supervisory, and confidential employees
Status: in_force

The employer shall determine the designation of employees as managerial, supervisory, or confidential. Any disputes arising from this determination shall be resolved by the Board.
3APPENDIX V.S.A. § 22 — VT Code / Title 3APPENDIX / Chapter 10 / Section 22
§ 10-22. Exec. Order No. 10-22 (No. 04-99) [State Compliance with Environmental Laws]
Status: in_force

Expired by its own terms, effective January 1, 2005.
3 V.S.A. § 331 — VT Code / Title 3 / Chapter 13 / Section 331
§ 331. Temporary employees
Status: in_force

(a) The State shall not employ any person in a temporary capacity except in accordance with the provisions of this section.

(b)(1) On request of the appointing authority, the Commissioner of Human Resources may approve, in writing, the creation of a temporary position and the hiring of a person to fill such temporary position only if the position and person are needed:

(A) to meet a seasonal employment need of State government;

(B) to respond to a bona fide emergency;

(C) to fill in for the temporary absence of an existing employee, or a vacancy in an existing position; or

(D) to perform a governmental function that requires only intermittent, sporadic, or ongoing employment, provided that such employment does not exceed 1,280 work hours in any one calendar year.

(2)(A) Except as provided in subdivision (1) of this subsection (b), the Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if the governmental function is ongoing and continuing.

(B) The Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if approval is intended to circumvent, or has the effect of circumventing, the policies and purposes of the classified service under this chapter.

(c)(1) The Commissioner may authorize the continued employment of a person in a temporary capacity for more than 1,280 hours in any one calendar year if the Commissioner determines, in writing, that a bona fide emergency exists for the appointing authority that requires such continued employment.

(2) It shall be the responsibility of the head of each department to provide to the Department of Human Resources a detailed justification for each waiver to exceed the 1,280-work-hour limit within his or her department and such other information as may be required in order to enable that department to carry out its responsibility under this section.

(3) The Commissioner may authorize seasonal employment in a specific position for a period of between seven and 12 months if the Commissioner determines, in writing, that the nature and duties of the position require the employment of a person for a period of more than seven months in a 12-month period. The Commissioner shall not authorize seasonal employment for a period of more than seven months in a 12-month period if the authorization is intended to circumvent, or has the effect of circumventing, the policies and purposes of the classified service under this chapter. Annually, on or before January 15, the Commissioner shall submit a report to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations:

(A) the total number of positions in seasonal employment that have been authorized for a period of between seven and 12 months during the prior calendar year;

(B) the agency or department that each position identified in subdivision (A) of this subdivision (3) is assigned to; and

(C) the period of time that each identified position is authorized for.

(d) The Commissioner may transfer and convert existing, vacant positions in the Executive Branch of State government to replace the temporary positions of long-term temporary employees who are performing ongoing and continuing functions of State government for more than 1,280 work hours in any one calendar year.

(e) Any party aggrieved by a decision of the Commissioner under this section may request that the Commissioner reconsider his or her decision. Such party may appeal the Commissioner's reconsideration to the Vermont Labor Relations Board pursuant to the rules of the Board. Within 90 days of the filing of an appeal, the Board shall determine if the Commissioner of Human Resources abused his or her discretion under this section. If the Board determines that there has been an abuse of discretion, the Board shall remand the decision back to the Commissioner and order that corrective action be taken within 90 days of the Board's order. The Commissioner, in his or her sole discretion, may replace the temporary employee with a permanent position, or eliminate the temporary position and grant reemployment rights if those rights would have been provided to a classified employee under the relevant collective bargaining agreement.

(f) An individual employed in a temporary or seasonal capacity shall be entitled to the whistleblower protections, rights, and remedies provided to State employees pursuant to sections 971-978 of this title.
3APPENDIX V.S.A. § 7 — VT Code / Title 3APPENDIX / Chapter 33 / Section 7
§ 33-7. Exec. Order No. 33-7 (No. 51-80) [North East Kingdom Community Action, Inc]
Status: in_force

WHEREAS, the United States Community Services Administration has determined not to refund Orleans County Council of Social Agencies, Inc. leaving the residents of Caledonia, Essex and Orleans Counties without a Community Action Agency; and

WHEREAS, a Community Action Agency offers significant promise in its mission to mobilize resources to lift the economic condition of the poor and offer them the social, cultural and economic advantages enjoyed by the more fortunate residents of the State; and

WHEREAS, the Community Action Agencies of Vermont, including Orleans County Council of Social Agencies, Inc., were designated by the Governor of the State of Vermont by Executive Order on June 20, 1968.

NOW THEREFORE, I, Richard A. Snelling, Governor of the State of Vermont, by Executive Order, do hereby designate North East Kingdom Community Action, Inc. to serve the towns, villages and cities in the Counties of Caledonia, Essex and Orleans.

The named agency shall work cooperatively with the other Community Action Agencies in the State and with the State Economic Opportunity Office as well as other state agencies in the planning, development, implementation, and evaluation of programs to be carried out within the State of Vermont under the auspices of Economic Opportunity Act of 1964, as amended.

Dated July 3, 1980.
3 V.S.A. § 327 — VT Code / Title 3 / Chapter 13 / Section 327
§ 327. Hiring
Status: in_force

(a) When a vacancy in the classified service occurs, the appointing officer shall make a diligent effort to recruit an employee from within the classified service to fill the vacancy.

(b) Any position which has been vacant for a period of six months shall be eliminated unless the Secretary of Administration determines that the position is essential and has remained vacant because of specific professional qualifications.
3 V.S.A. § 907 — VT Code / Title 3 / Chapter 27 / Section 907
§ 907. Designation of supervisory employees
Status: in_force

Classified employees in the management unit certified by the Board, who are determined to be supervisory employees as defined by section 902 of this title and who are not determined to be managerial or confidential employees as defined by section 902 of this title, shall remain members of that unit, which shall be referred to as the “supervisory” unit. Employees who are determined to be supervisory employees under the provisions of section 906 of this title shall become members of the supervisory unit. A representative election shall not be required as a result of this change.
3APPENDIX V.S.A. § 13 — VT Code / Title 3APPENDIX / Chapter 3 / Section 13
§ 3-13. Exec. Order No. 3-13 (No. 45-87) [Transfer of Certain Positions, Functions and Appropriations of Certain Agencies and the Central Support Services Revolving Fund to Department of General Services]
Status: in_force

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
3 V.S.A. § 127 — VT Code / Title 3 / Chapter 5 / Section 127
§ 127. Unauthorized practice
Status: in_force

(a) When the Office receives a complaint of unauthorized practice, the Director shall refer the complaint to Office investigators and prosecutors.

(b)(1) A person practicing a regulated profession without authority or an employer permitting such practice may, upon the complaint of the Attorney General or a State's Attorney or an attorney assigned by the Office of Professional Regulation, be enjoined therefrom by the Superior Court where the violation occurred or the Washington County Superior Court and may be assessed a civil penalty of not more than $5,000.00.

(2)(A) The Attorney General or an attorney assigned by the Office of Professional Regulation may elect to bring an action seeking only a civil penalty of not more than $5,000.00 for practicing or permitting the practice of a regulated profession without authority before the board having regulatory authority over the profession or before an administrative law officer.

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

(3)(A) A civil penalty imposed by a board or administrative law officer under this subsection (b) shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter.

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

(c) In addition to other provisions of law, unauthorized practice shall be punishable by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Prosecution may occur upon the complaint of the Attorney General or a State's Attorney or an attorney assigned by the Office of Professional Regulation under this section and shall not act as a bar to civil or administrative proceedings involving the same conduct.

(d)(1) A person whose license has expired for not more than one biennial period may reinstate the license by meeting renewal requirements for the profession, paying the profession's renewal fee, and paying the following nondisciplinary reinstatement penalty:

(A) if reinstatement occurs within 30 days after the expiration date, $100.00; or

(B) if reinstatement occurs more than 30 days after the expiration date, an amount equal to the renewal fee increased by $40.00 for every additional month or fraction of a month, provided the total penalty shall not exceed $1,500.00.

(2) Fees assessed under this subsection shall be deposited into the Regulatory Fee Fund and credited to the appropriate fund for the profession of the reinstating licensee.

(3) A licensee seeking reinstatement may submit a petition for relief from the reinstatement penalty, which a board may grant only upon a finding of exceptional circumstances or extreme hardship to the licensee; provided, however, that fees under this subsection shall not be assessed for any period during which a licensee was a member of the U.S. Armed Forces on active duty.

(4) Practice by a licensee with an expired license that continues for more than two years, or practicing at any time when the licensee knew or should have known the license was expired, may be prosecuted by the State as unauthorized practice under this section or as unprofessional conduct pursuant to subdivision 129a(a)(3) of this title.

(e) A person practicing a licensed profession without authority shall not institute any proceedings in this State for the enforcement of any right or obligation if at the time of the creation of the right or obligation the unlicensed person was acting without authority.

(f) The provisions of this section shall be in addition to any other remedies or penalties for unauthorized practice established by law.
3 V.S.A. § 1021 — VT Code / Title 3 / Chapter 28 / Section 1021
§ 1021. Unit determination; certification
Status: in_force

(a) The Board shall determine issues of unit determination, certification, and representation in accordance with this chapter and the provisions of section 941 of this title. The Board shall decide the appropriate unit for collective bargaining in each case and the employees to be included in that unit to ensure the employees the fullest freedom in exercising the rights guaranteed by this chapter.

(b) In determining whether a unit is appropriate, the extent to which the employees have organized is not controlling. The Board shall not recognize a unit if, after investigation and hearing, the Board determines that the employees do not constitute a unit appropriate for collective bargaining or if recognition of that unit will result in over-fragmentation of collective bargaining units.

(c) If an interested person files with the Board a charge alleging that employees eligible to vote in an election under this chapter were coerced or restrained in the exercise of that right, the Board shall investigate and conduct hearings into the validity of the charge. If the Board concludes that employees were coerced or restrained, the Board may set aside the election and order another election pursuant to this chapter.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 21 / Section 4
§ 21-4. Exec. Order No. 21-4 (No. 02-93) [Governor's Advisory Council on Workers' Compensation]
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. § 33 — VT Code / Title 3APPENDIX / Chapter 10 / Section 33
§ 10-33. Exec. Order No. 10-33 (No. 07-05) [Governor's Commission on Climate Change]
Status: in_force

Expired by its own terms, effective October 26, 2009.
3APPENDIX V.S.A. § 16 — VT Code / Title 3APPENDIX / Chapter 18 / Section 16
§ 18-16. Exec. Order No. 18-16 (No. 01-06) [Hunger Task Force]
Status: in_force

Expired by its own terms, effective November 15, 2009.
3APPENDIX V.S.A. § 51 — VT Code / Title 3APPENDIX / Chapter 10 / Section 51
§ 10-51. Exec. Order No. 10-51 (No. 06-25) [Promoting Housing Construction and Rehabilitation]
Status: in_force

WHEREAS, the persistent application of well-intentioned, but now counterproductive land use regulations, energy policies, taxes and fees have resulted in a severe shortage of quality, affordable housing that is undermining the state's economic future, ability to attract and retain working families, and the availability of good jobs; and

WHEREAS, without action the Housing Unit Deficit will continue to grow, exacerbating our demographic crisis, weakening Vermont's economy, and leaving fewer resources for education, healthcare, social services, transportation infrastructure, as well as supportive housing, recovery housing and emergency shelters, while the costs of all these essential services continue to rise; and

WHEREAS, when first elected I worked with the Legislature to pass what was, at the time, the largest investment in housing in the state's history, including a $37 million “Housing for All” bond in 2017 (FY18), emphasizing both funding and regulatory reform in all legislative sessions since; and

WHEREAS, for the period 2021-2024, $338 million of onetime relief and recovery money was put into housing initiatives, on top of $118 million of traditional investments in housing, for a total of more than $456 million; and

WHEREAS, these post-pandemic investments have created or preserved about 2,000 units of permanent housing to date, and the Administration expects to create or preserve about 1,000 more by the end of 2027, for a total of about 3,000 state-supported housing units for the period 2021-2027; and

WHEREAS, in this time, largely in response to multiple emergencies, we've learned to be much more nimble, and resourceful; and

WHEREAS, new and now proven tools include the Vermont Housing Improvement Program, capable of rehabilitating unsafe and underutilized units, or converting commercial space to residential, with an average state investment of roughly $40,000 per unit, creating about 700 units since 2021 with nearly 500 more in the pipeline; the Middle Income Homeownership Development Program and the Rental Revolving Loan Fund, supporting construction of new homes for middle income households; the Manufactured Home Improvement and Repair Program, creating or improving lots for about 200 units at an average cost of about $14,000 per lot, and repairing 333 homes since 2023 at a cost of less than $13,000 per unit; Healthy Homes which has invested nearly $42 million to improve drinking water and wastewater service at the homes of more than 7,000 low-income Vermonters; and the Rapid Response Mobile Home Infill Program which has created 100 new mobile home sites and placed 100 new, energy efficient mobile homes across the State at a cost of $130,000 per unit in less than two years; and

WHEREAS, the Vermont Housing and Conservation Board, the Vermont Housing Finance Agency, the Vermont Community Development Program, and other funders continue to fund dozens of new affordable housing units per year with hundreds of new affordable housing units in the pipeline slated for construction or completion through the end of 2027, often at a total development cost of $600,000 per unit, and hundreds of existing affordable units are funded for rehabilitation or preservation each year; and

WHEREAS, despite this unprecedented, focused commitment of state resources, there remains an annual statewide Housing Unit Deficit of over 5,000 units as identified by the Vermont Housing Needs Assessment, which can only be addressed through more private investment, and substantial regulatory reform; and

WHEREAS, over the last several years, many of Vermont's state, local, and federal leaders have called for action on housing, citing a housing crisis; and

WHEREAS, despite the clear, urgent need to reduce the cost of housing, and to retain and recruit new working families by rehabilitating or building many more housing units each year, Vermont's Legislature, in passing Act 181 of the Laws of 2024 over my veto, expanded Act 250 regulation, and offered only certain limited and short-term exemptions and a restrictive and geographically narrow framework for future long-term exemptions; and

WHEREAS, regulatory barriers, lengthy and costly multi-tiered permitting processes, unpredictable appeal processes, and unaffordable and technically challenging energy standards significantly increase construction costs, delay timelines, impair economic opportunity, and exacerbate Vermont's demographic and affordability crises; and

WHEREAS, optimizing total permitting time, modernizing and coordinating permitting processes, and better utilizing technology to improve efficiency, will benefit both Vermonters and Vermont's environment; and

WHEREAS, frivolous zoning appeals and case backlogs in our courts are a deterrent to private capital investments in housing; and

WHEREAS, accelerated executive action is needed to address the critical housing shortage and the compounding consequences of policies that no longer serve Vermont's best interests; and

WHEREAS, in accordance with the Vermont Constitution Chapter II, Sections 3 and 20, 3 V.S.A. § 209, § 2001, and § 2102 and 32 V.S.A. § 704a, the Governor has authority to direct executive agency actions and operations to prioritize support for housing development, reduce unnecessary obstacles and require administration of state programs in an efficient, effective and fiscally prudent manner; and

WHEREAS, the Governor, through the Commissioner of the Department of Public Service, has discretion to ensure reasonable, affordable, achievable and sustainable building standards for Vermont residents and builders; and

WHEREAS, 30 V.S.A. § 202a establishes the general energy policy of the state is to, among other things, “ensure to the greatest extent practicable that Vermont can meet its energy service needs in a manner that is adequate, reliable, secure, and sustainable; that ensures affordability and encourages the State's economic vitality”; and

WHEREAS, 30 V.S.A. § 51 requires amendments to the Residential Building Energy Standards (RBES) to be consistent with both state energy policy and state housing policy, and cost-effective and affordable from the consumer's perspective; and

WHEREAS, Act 151 of the Laws of 2024 allowed the Commissioner of Public Service to “direct the timely and appropriate revision of the RBES” after the issuance of updated standards for residential construction under the International Energy Conservation Code (IECC); and

WHEREAS, Vermont homeowners, builders, and economic development professionals have raised significant concerns about the Residential Building Energy Standards (RBES) and Commercial Building Energy Standards (CBES), specifically the unreasonable costs to comply, feasibility, readiness related to training of professionals, and the very negative impacts on housing affordability; and

WHEREAS, using discretion granted in Title 30, Vermont must take into consideration both state energy policy and state housing policy, cost-effectiveness and affordability from a working Vermonter's perspective – as well as the State's overall economic competitiveness and vitality – it is appropriate to allow homeowners, builders and contractors to comply with the 2020 or 2024 RBES and CBES; and

WHEREAS, this compliance flexibility, which shall be paired with education and training by the Department of Public Service and the Division of Fire Safety, will provide flexibility to reduce construction costs, and exceed the standards implemented in most states; and

WHEREAS, under 10 V.S.A. § 914, the Secretary of Natural Resources has discretionary authority to make wetland determinations and designate unmapped Class II wetlands (“The Secretary may, upon a petition or on his or her own motion, determine whether any wetland is a Class II …”) and similarly has the ability to modify the required width of buffers surrounding Class II wetlands in appropriate instances; and

WHEREAS, I have determined that using this authority to limit wetlands permitting oversight to consider only mapped Class II wetlands as they currently appear in the most-current Vermont Significant Wetlands Inventory (VSWI) when issuing wetland permitting decisions for housing, as well as mixed use projects in designated growth areas, will provide greater regulatory certainty, and expedite review timelines, consistent with recent legislative efforts, such as Act 47 of the Laws of 2023, the Vermont Home Act, intended to reduce the regulatory burden for infill development and responsible growth; and

WHEREAS, this Executive Order also prioritizes housing unit generation through accelerated and streamlined regulatory review while maintaining environmental protections and legal compliance.

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

Section I: Building Energy Code Reform

1.1 Reinstatement of 2020 Standards

• All persons commencing building construction projects on July 1, 2024 or after shall have the option of complying with the 2020 Vermont Residential Building Energy Standards (RBES), Commercial Building Energy Standards (CBES), including the 2020 Stretch Code, or the 2024 RBES and CBES.

• The Land Use Review Board shall update Act 250 materials to reflect that the 2020 Stretch Code is permissible.

• Materials provided by the Commissioner of Public Service shall inform and allow for either building energy standard and specify that the flexibility is intended to be used to make housing more affordable for the buyer.

• The Department of Public Service and the Agency of Commerce and Community Development shall both immediately notify the public, municipalities, builders, and other stakeholders of this option.

• The Department of Public Service, in coordination with other relevant state agencies, shall continue trainings and encourage voluntary compliance with the 2020 or 2024 building energy standards.

1.2 Implementation Review

• By May 31, 2026, the Department of Public Service shall submit a report advisory to the Governor analyzing:

○ Cost impacts of the RBES and CBES on housing affordability;

○ Compliance with 2020 codes and information from the small sample size of 2024 compliant builds;

○ Recommended modifications to balance energy goals with increased housing unit revitalization and new unit production as it relates to future building energy code updates, and any other energy-related considerations of significance; and

○ Energy code standards implemented across the mid-Atlantic Region and New England to assess regional consistency and Vermont's competitiveness.

Section II: Expedited Permitting and Review Processes

2.1 Shortened Review Timelines All state agencies and departments, and boards and commissions with a majority of members appointed by the Governor with housing-related permitting authority shall:

• Prioritize residential housing, including mobile home, and shelter applications for review.

• Establish timelines for review periods for all regulatory processes currently operating without them.

• Hear only testimony necessary for a full and fair determination of the proceeding to ensure expedited proceedings.

• Reduce discretionary (as opposed to minimum mandatory) review periods, with a goal of reducing the timeline by 50% for residential housing and shelter projects, considering minimum mandatory notice and comment periods.

• Adhere to timelines for housing and emergency shelter developments, and if exceeded, the failure of the public body to issue a decision within the applicable period shall be deemed approved unless an extension is legally required.

•Concurrently process multiple permits rather than require sequential review. This shall include the Land Use Review Board which shall process Act 250 permits concurrently with, but subject to, other agency permitting processes.

• Issue decisions within 60 days of hearing completion for housing - including, but not limited to, mobile home projects, shelter projects, and mixed-use projects.

2.2 Fee Relief for Housing Projects State agencies and departments, and boards and commissions with a majority of members appointed by the Governor with housing-related permitting authority are directed to:

• Forward for consideration in the policy and budget development process proposals to reduce permitting fees for multi-family housing projects, including mobile home communities and mixed-use projects with a housing component, funded in whole or in part with state general fund appropriations and producing a majority of its units in a price range, to be determined by the Secretary of the Agency of Commerce and Community Development, but not to exceed what the median working family in Vermont could reasonably afford.

• Allow deferred payment of fees until project completion for prioritized housing projects, as determined by the Secretary of Commerce and Community Development.

• No later than December 1, 2025 notify the Commissioner of the Department of Finance and Management of the forecasted fiscal management considerations, if any, of these changes.

2.3 Priority Processing Administratively and technically complete permit applications for multi-family housing, shelter and mobile home development, mixed-use projects with a multi-family housing component, and permits required in connection with multi-family rehabilitation projects shall receive priority processing ahead of other non-housing applications within each agency's workflow.

Section III: Environmental Review Streamlining

3.1 Wetlands Modification For residential housing and mixed use projects that include a housing component in designated areas, such as Downtowns, Village Centers, New Town Centers, Growth Centers, Neighborhood Development areas, and Opportunity Zone areas served by public sewer, or with soils that are adequate for wastewater disposal, or extending to the terminus of the areas served by public sewer or water services if beyond area of the development district; areas that receive a Tier 1A or 1B designation under 10 V.S.A. § 6033, and locations meeting the eligibility requirements established in 10 V.S.A § 6081(z) for an interim exemption from Act 250 permit or permit amendment requirements:

• Class II wetlands are limited to those features identified on the most current VSWI maps and no state wetland permits are required for impacts to unmapped Class II wetlands.

• Protective buffer zones around Class II wetlands are reduced to 25 feet.

Projects must comply with federal wetland requirements. Additionally, no later than February 1, 2026, the Agency of Natural Resources shall commence rulemaking to ensure that these wetland provisions are established in rule prior to the expiration of this Executive Order.

3.2 Residential Housing Appeals To the extent the Judiciary is willing to participate in this initiative, I request that the Judiciary, to the extent authorized in Chapter II, Sections 30 and 31 of the Vermont Constitution and the Vermont Statutes Annotated Title 10, prioritize and expedite residential housing appeals as the Executive may recommend and the Judiciary deems feasible.

3.3 Streamlined Permitting Processes It is essential all gubernatorial Appointees ensure greater collaboration and coordination across programs, departments and agencies to implement a Vermonter-focused land use permitting system explicitly intended to improve and expedite the experience to revitalize or build housing units.

• Permitting Modernization: Secretaries of the Agencies of Agriculture, Foods and Markets; Commerce and Community Development; Digital Services; Natural Resources; Transportation; and Public Safety; and Chair of the Land Use Review Board shall revisit and assess efforts to coordinate and streamline concurrent permitting application and review processes. Meetings shall be chaired by the Secretary of Commerce and Community Development, who shall schedule regular meetings to be held at least monthly, and more frequently as needed. The first meeting shall be held by October 1, 2025.

• The Secretary of the Agency of Digital Services shall designate a Project Manager to support this initiative.

• The assigned Cabinet members shall immediately establish a multi-disciplinary team (“MDT”) to provide increased coordination on existing multi-family housing projects (10 or more units) triggering multiple permit jurisdictions, and prioritizing projects in the counties of the state that have experienced the most substantial declines in the size of their working-age populations. The MDT shall meet every week, and additionally as needed, to streamline the permitting and approval processing for outstanding projects. The MDT shall be chaired by the Secretary of the Agency of Commerce and Community Development or designee.

• The Secretary of Commerce and Community Development shall include a status update on this initiative in Weekly Reports to the Governor including defining and reporting on Key Performance Indicators (“KPI”) for the functioning of the permitting system and the pace and location of housing unit revitalization and construction.

• The Secretary of Digital Services shall undertake and provide status reporting on the creation of a common entry system for the housing permitting process, to include an evaluation of the various state databases; how the data in each can more effectively communicate with another; what changes are necessary; and, the cost of establishing and maintaining a common entry system. The Secretary shall provide this report to the Governor by December 1, 2025.

• The Secretary of Natural Resources shall review and update guidance for high volume permitting programs associated with housing, including wetlands, stormwater, drinking water and wastewater, focusing on plain language and accessibility to the public. The Secretary shall publish a timeline for this review by November 1, 2025, and shall complete updates by July 1, 2026.

Section IV: State Land Utilization

4.1 Inventory of Available Properties By December 1, 2025, each state agency and department owning real property shall submit to the Department of Buildings and General Services and the Department of Housing and Community Development:

• Complete inventory of un- and underutilized properties suitable for multi-family housing development, housing infill, mobile home park and shelter construction and rehabilitation, as defined by the Secretary of Commerce and Community Development.

• Assessment of multi-family housing development feasibility and infrastructure capacity.

• Recommendations for disposal or long-term lease arrangements to support meeting the State's Housing Unit Generation goals.

4.2 Expedited Disposal Process The Department of Buildings and General Services and the Agency of Transportation shall develop streamlined procedures for utilizing surplus state land suitable for housing, including:

• Preference for homebuilders and housing developers in sale decisions.

• Below-market pricing for housing developments.

• Long term leases.

4.3 Fire Safety Inventory By December 1, 2025, the Division of Fire Safety in collaboration with local boards of health, shall produce an inventory by address of all substandard and suboptimal rental housing units reported or cited within the last three years.

Section V: Interagency Coordination

5.1 Governor's Housing Leadership Team This Housing Leadership Team, advisory to the Governor and modeled on Vermont's nation-leading pandemic response, shall continue to meet bi-weekly, or as the Governor may require, and recommend to the Governor state and federal policies to improve housing availability, affordability and stability. The Leadership Team shall provide regular reports on program progress, strategies, specific tactics and measurable performance metrics, operational hurdles and recommendations focused on regulatory and process reforms.

• The Governor's Housing Leadership Team shall consist of the Secretaries of Commerce and Community Development, Transportation, Human Services, Natural Resources and the Commissioner of Public Safety or designees, as well as the Commissioner of the Department of Children and Families or a designee with a portfolio relevant to housing rehabilitation, shelter development or housing development, the Commissioner of the Department of Housing and Community Development and the Director of the Division of Fire Safety.

• The Leadership Team shall consult as needed with government and community stakeholders.

• The Secretary of the Agency of Commerce and Community Development or designee shall Chair the Leadership Team.

• The Secretary of Human Services, or designee shall report on specific and measurable interventions to reduce the number of Vermonters becoming homeless each year.

This Executive Order supersedes and replaces Executive Order No. 01-23, dated May 10, 2023 (codified as Executive Order 33-27) as of September 30, 2025.

Section VI: Brownfields and Contaminated Sites

6.1 Brownfields Economic Revitalization Alliance Program (BERA) On October 9, 2019 I issued Executive Order 08-19 (codified as 10-47) which established the BERA Program to ensure effective and efficient planning related to hazard and environmental mitigation and permitting related to brownfields redevelopment through a “one-stop-shop” to assist landowners and developers with accessing State and federal resources, navigating regulations and permitting requirements and planning and coordinating the redevelopment of these properties on behalf of the people of Vermont.

• The Executive Order 08-19 and the BERA Program are hereby extended.

• No later than November 15, 2025, the BERA Program Executive Committee shall provide an annual report to the Governor on the status of the Coordinated Project Plans, as described in the Executive Order.

• No later than March 31, 2026, the BERA Program Executive Committee shall provide an annual report to the Governor on:

○ Current barriers to brownfields housing redevelopment;

○ Recommendations for improving the brownfields reuse process; and

○ Recommendations on how to consider technical feasibility, regional consistency, and economic impact when adopting state specific environmental media standards.

Section VII: Monitoring and Accountability

7.1 Performance Metrics Each affected agency shall track and report to the Office of the Governor, and to the Department of Housing and Community Development quarterly, beginning January 1, 2026:

• Average permit processing times for multi-family housing projects, including mobile home projects, shelter projects, and mixed-use projects;

• Number of permits issued under expedited procedures;

• Fee revenue impacts and budget adjustments needed;

• Regulatory cycles simplified or shortened; and

• Regulatory barriers identified and resolved.

7.2 Semi-Annual Review & Report By January 31, 2026, and every six months thereafter, the Department of Housing and Community Development shall provide a comprehensive assessment of this Order's effectiveness in increasing housing production and reducing regulatory timelines and costs by analyzing the reporting of the affected agencies and departments.

Section VIII: Legal Safeguards and Limitations

8.1 Federal and Safety Compliance Nothing in this Order is intended to limit the authority of state agencies and departments and boards and commissions with over 50% of the members appointed by the Governor or:

• Compromise essential health, safety, or environmental protections.

• Conflict with federal environmental laws or regulations.

• Reduce compliance with Americans with Disabilities Act requirements.

• Eliminate required public participation processes where legally mandated.

8.2 Statutory Limitations Nothing in this Order is intended to contravene the intent of the Legislature. Agencies shall:

• Identify statutory clarifications needed for effective implementation.

• Recommend emergency rulemaking where appropriate, with specific consideration of the critical housing shortage, the dire need to facilitate affordable housing and shelter construction and the imminent peril to public health, safety or welfare due to the lack of housing for Vermont's most vulnerable posed by regulatory barriers, lengthy and unpredictable permitting processes and unaffordable and often unachievable energy standards.

Section IX: Effectiveness And Duration

This Executive Order takes effect immediately and shall remain in effect unless modified or extended by subsequent executive action.

Any agency unable to implement specific provisions due to legal constraints shall notify the Governor's office immediately with recommendations for alternative approaches.

Dated September 17, 2025.
3 V.S.A. § 2423 — VT Code / Title 3 / Chapter 47 / Section 2423
§ 2423. Deputy Secretary
Status: in_force

(a) The Secretary, with the approval of the Governor, may appoint a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary prescribes. The Deputy Secretary shall be exempt from the classified service. The appointment shall be in writing and recorded in the Office of the Secretary of State.

(b) The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary's absence. In case a vacancy occurs in the Office of the Secretary the Deputy shall assume and discharge the duties of the office until the vacancy is filled.
3 V.S.A. § 462 — VT Code / Title 3 / Chapter 16 / Section 462
§ 462. Reexamination of disability beneficiary
Status: in_force

(a) Once each year during the first five years following the retirement of a member on a disability retirement allowance, and once in every three year period thereafter, the Retirement Board may, and upon the member's application shall, require any disability beneficiary who has not reached his or her normal retirement date to undergo a medical examination, by the Medical Board or by a physician or physicians designated by the Medical Board, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon. Should any disability beneficiary who has not reached his or her normal retirement date refuse to submit to such medical examination, the beneficiary's allowance may be discontinued until his or her withdrawal of such refusal, and should the beneficiary's refusal continue for one year, all the beneficiary's rights in and to his or her pension may be revoked by the Retirement Board.

(b) Should the Medical Board report and certify to the Retirement Board that any disability beneficiary has a residual functional capacity that might enable the beneficiary to return to work, and should the Retirement Board reasonably conclude that the beneficiary is engaged in or is, as a result of specific findings made by a certified vocational counselor, able to engage in a gainful occupation paying more than the difference between the beneficiary's retirement allowance and his or her average final compensation at retirement, the beneficiary's pension shall be reduced to an amount that, together with his or her annuity and the amount earnable by him or her, shall equal the beneficiary's average final compensation at retirement, adjusted for inflation each year following retirement on the same basis as for beneficiaries as provided in section 470 of this title provided that:

(1) The Retirement Board shall provide written notice and an opportunity to be heard to the beneficiary prior to any reduction of the beneficiary's pension under this subsection.

(2) If the beneficiary has engaged in a gainful occupation subsequent to receiving disability retirement, the Retirement Board in its discretion may reject in whole or in part a vocational assessment of the beneficiary's ability to engage in a more gainful occupation and may rely in whole or in part on evidence of the beneficiary's actual earnings in determining the amount earnable by the beneficiary. In addition, if the Retirement Board's determination is based in whole or in part on a vocational assessment of ability to engage in a gainful occupation, the beneficiary shall be notified of his or her entitlement to the same reemployment rights as are available to State employees under the existing collective bargaining agreement entered into between the State and the applicable bargaining representative, or extension of such contractual benefits. Such rights shall commence as of the date of the determination and shall be based upon the reemployment rights the beneficiary would have had at the time he or she retired from State service. The reduction of pension amount will be held in abeyance until the reemployment rights have expired. In the event that the beneficiary is subsequently reemployed by the State, the beneficiary's retirement allowance shall cease, effective on the date when reemployment commences. In the event that the beneficiary is not subsequently reemployed by the State, the reduction of the beneficiary's pension shall commence the month following the month in which the beneficiary's reemployment rights expired.

(3) In the event that a beneficiary's pension has been reduced and should the beneficiary's earning capability later change, his or her pension may be further modified, provided that no reemployment rights shall be afforded to the beneficiary in connection with any later change and provided further that the new pension amount, together with the amount earnable by him or her, shall not exceed the beneficiary's average final compensation at retirement, adjusted for inflation.

(4) As used in this subsection, “retirement allowance” shall mean the allowance payable without modification as provided in section 468 of this title.

(c) Every recipient of disability benefits who has not reached his or her normal retirement date shall, annually on a date determined by the Retirement Board, file with the State Treasurer a statement certifying, under penalty of perjury and in such form as the Retirement Board shall prescribe, the full amount of his or her earnings from earned income during the preceding calendar year. The State Treasurer may request, and the beneficiary shall provide within 60 days after such request, additional financial information and records pertinent to the beneficiary's earned income. The beneficiary's statement and accompanying forms and schedules and any other financial information and records provided by the beneficiary to the State Treasurer shall be confidential. In the event that a beneficiary fails to submit the certification or any required or requested financial information or records pertinent to the beneficiary's earned income, the beneficiary's retirement allowance shall be suspended until all such information and records have been submitted, and in the event that the failure continues for one year, all the beneficiary's rights in and to his or her pension and any pending reemployment rights under this section may be revoked by the Board. Notwithstanding any provision of this section to the contrary, if the beneficiary's earned income for the preceding year exceeded the difference between the beneficiary's retirement allowance and his or her average final compensation at retirement as adjusted for inflation each year following retirement, the beneficiary shall refund the portion of the preceding year's retirement allowance that is equal to the amount of the reduction specified in subsection (b) of this section, and the refund amount may be offset against the beneficiary's monthly pension benefits. Prior to suspension or revocation of the beneficiary's retirement allowance, reemployment rights, or inception of any offset under this subsection, the Retirement Board shall provide the beneficiary with written notice and an opportunity to be heard.
3 V.S.A. § 2802 — VT Code / Title 3 / Chapter 51 / Section 2802
§ 2802. Creation of Agency
Status: repealed

(a) An Agency of Natural Resources is created consisting of the following:

(1) The Department of Fish and Wildlife.

(2) The Department of Forests, Parks and Recreation.

(A) The Division of Forests.

(B) The Division of Parks.

(C) The Division of Recreation.

(3) [Repealed.]

(4) The Board of Forests, Parks and Recreation.

(5) The Department of Environmental Conservation.

(6) The State Natural Resources Conservation Council.

(7) The Division of Geology and Mineral Resources.

(b) The Land Use Review Board is attached to the Agency for the purpose of receiving administrative support.

(c) The Agency will provide representation on the following compact commissions:

(1) The Interstate Commission on the Lake Champlain Basin.

(2) The New England Interstate Water Pollution Control Commission.
3 V.S.A. § 2292 — VT Code / Title 3 / Chapter 45 / Section 2292
§ 2292. Department of Libraries
Status: in_force

The Department of Libraries is created in the Agency of Administration as the successor to and continuation of the State Department of Libraries. In addition to other duties assigned to it by law, the Department shall administer the programs and perform the functions assigned to it in 22 V.S.A. chapter 13 and 29 V.S.A. chapter 53.
3APPENDIX V.S.A. § 34 — VT Code / Title 3APPENDIX / Chapter 29 / Section 34
§ 29-34. Exec. Order No. 29-34 (No. 07-03) [Transfer of Land from Agency of Administration, Department of Buildings and General Services to Agency of Transportation in Ludlow]
Status: in_force

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

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

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

Being all and the same lands and premises as conveyed to the State of Vermont by Warranty Deed of Michael G. Rowe and Donna J. Rowe, dated May 10, 1995, and recorded in Book 155, Pages 24-25 of the Ludlow Land Records.

Reference is hereby made to a survey entitled, “Survey of Lands of State of Vermont”, prepared by Courcelle Surveying Co. and dated, Sept. 9, 2002, and recorded on October 8, 2002, in File No. 164C of the Ludlow Land Records, and in said survey said land and premises are more particularly described as follows:

Beginning at an iron pin set in the northwesterly line of Rt. 100, said pin marks the northeast corner of lands of Roger Danyew, and the southeast corner of the herein described parcel.

Thence proceeding along the northerly line of said Danyew in the following courses:

N 35°-29″-30′ W, a distance of 64.07 ft. to an iron pipe;

N 27°-31″-15′ W, following a stonewall, a distance of 92.19 ft. to an iron pin set;

S 58°-07″-30′ W, following a stonewall, a distance of 63.76 ft. to an iron pipe found;

N 53°-46″-30′ W, a distance of 506.11 ft. to an iron pin set in a stonewall, said pin marks the northwest corner of said Danyew, the southwest corner of the herein described parcel and the easterly line of lands now or formerly J.P. Carrara & Sons.

Thence proceeding along the east line of said Carrara, marked by a stonewall, in the following courses:

N 29°-23″-45′ E, a distance of 190.35 ft. to a point;

N 42°-47″-45′ of 109.33 ft. to a point;

N 12°-36″-30′ E a distance of 147.41 ft. to an axle found in the intersection of a stonewall, said axle marks the northwest corner of the herein described parcel and the southerly line of lands of Theresa Pierce.

Thence proceeding along the southerly line of said Pierce, marked by a stonewall, in the following courses:

S 74°-45″-45′ E, a distance of 196.54 ft. to a point;

N 89°-09″-45′ E, a distance of 27.37 ft. to a point;

S 85°-43″-30′ of 42.11 ft. to a point;

S 47°-08″-15′ E, a distance of 121.19 ft. to a point;

S 37°-23″-45′ E, a distance of 55.61 ft. to a point;

S 44°-09″-00′ E, a distance of 92.85 ft. to a point;

S 26°-52″-30′ E, a distance of 93.95 ft. to a point;

S 05°-49″-00′ E, a distance of 60.95 ft. to a point;

S 06°-07″-15′ W, a distance of 29.74 ft. to a point;

S 14°-34″-15′ W, a distance of 51.31 ft. to a point;

S 43°-46″-45′ W, a distance of 64.41 ft. to a point;

S 47°-11″-30′ W, a distance of 45.46 ft. to an iron pin set;

Thence continuing along the southerly lines of said Pierce and the southerly lines of lands of Alston Springer a course of S 42°-27″-45′ E, a distance of 150.23 ft. to an iron pin set in the northwesterly line of the aforementioned Rt. 100, said pin marks the northeasterly corner of the herein described parcel.

Thence proceeding along the northwesterly line of said Rt. 100 a course of S 50°-58″-00′ W, a distance of 206.00 ft. to the iron pin marking the point of beginning.

The above-described parcel contains 7.4 acres of land, more or less.

The above-described land and premises are subject to and benefited by any rights, easements or restrictions as may be of record and are specifically subject to and benefited by Land Use Permit 2S0936-1.

This Executive Order shall take effect upon execution.

Dated June 16, 2003.
3 V.S.A. § 264 — VT Code / Title 3 / Chapter 11 / Section 264
§ 264. Accumulated sick leave
Status: in_force

An employee who has an accumulated sick leave balance shall be authorized its use although recovery and return to duty is impossible. However, periodically, at the request of the appointing authority or representative, the disability or illness and inability to perform position requirements must be certified to by a licensed physician or osteopath. No sick leave shall be authorized beyond mandatory retirement age under the Retirement System.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 9 / Section 2
§ 9-2. Exec. Order No. 9-2 (No. 12-12) [Vermont State Craft Center Overview Commission]
Status: in_force

WHEREAS, an Executive Order was promulgated on June 16, 1993 to create a Vermont State Craft Center Overview Commission (Commission) to administer an official State Craft Center designation process to promote crafts throughout Vermont and to ensure that all State Craft Centers represent the State in the best possible manner; and

WHEREAS, a vital system of state craft centers that encourages broader participation in crafts and raises the visibility of Vermont craft artists is important to the development of this component of Vermont's community and to the crafts community.

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby reconstitute a Vermont State Craft Center Overview Commission whose composition and duties shall be as follows:

I. Composition.

The Commission shall be comprised of:

— The Secretary of Commerce and Community Development, or designee,

— The Commissioner of Tourism and Marketing, or designee,

— The Commissioner of Economic, Housing, and Community Development, or designee,

— The Secretary of Agriculture, or designee,

— The State's Chief Marketing Officer, and

— A representative of the crafts community designated by the Vermont Crafts Council who shall serve a three-year term.

The Chair of the Commission shall be the State's Chief Marketing Officer. The Commission shall meet as needed to consider recommendations for State Craft Center designation, but not less than annually.

Administrative support for the Commission and the Standards Group described below shall be provided by the Agency of Commerce and Community Development.

II. Commission Charge.

The Commission shall oversee the formation and operation of a Standards Group that shall be a self-governed entity elected and administered by the Vermont crafts community for the purpose of developing the criteria for and governing State Craft Center designation. The Commission's oversight of the Standards Group shall include providing review and approval of the processes governing designation, termination, and appeals of the same based on recommendations from the Standards Group.

The Commission shall ensure that all State Craft Centers represent the State in the best possible manner through application of the criteria in Attachment #1 and Attachment #2. The Commission shall also afford due recognition to the diversity that exists within the crafts community in Vermont.

The composition and responsibilities of the Standards Group shall be as follows:

A. The Standards Group shall be advisory to the Commission and shall be established, governed, and regulated by the crafts community in Vermont.

B. The Standards Group shall be composed of not more than seven voting members from the crafts community, to be selected by the crafts community through a nomination and election process administered by the Vermont Crafts Council. The members of the Standards Group shall serve a term of three years, except that the Standards Group shall consist of two members serving one-year terms, two members serving two-year terms, and three members serving three-year terms so that the terms will be staggered. Standards Group members may succeed themselves indefinitely. Pursuant to 32 V.S.A. § 1010(e), members of the Standards Group shall be reimbursed for reasonable expenses incurred in performance of their functions to the extent funds are available.

C. The Standards Group will both determine and perform functions related to State Craft Center and State Craft Education Center designation, including the application process for designation, and annual review of designations. The Standards Group will make a recommendation to the Commission on whether to approve or deny an application for designation.

III. Effective Date.

This Order shall take effect upon signing and supersedes and replaces Executive Order 09-09 (codified as No. 3-49). Members of the Commission and the Standards Group on the effective date of this order shall continue to serve until their successors are appointed.

Dated October 31, 2012.

Attachment #1

CRITERIA FOR STATE CRAFT CENTER AND STATE CRAFT EDUCATION CENTER DESIGNATION AND OPERATION

Criteria for designation and operation of a State Craft Center and State Craft Education Center will be determined by the Standards Group and approved by the Craft Center Overview Commission. These criteria shall include, but not be limited to:

Marketing and Branding Criteria: Every designated Vermont State Craft Center and Vermont State Craft Education Center will utilize marketing material consistent with the branding of the State, to be monitored by the Chief Marketing Officer (CMO). The State CMO will approve the development and use of official Vermont State Craft Center Designation marketing materials such as signage or logo.

General Criteria: Whether primarily devoted to hands-on education or to exhibition, the primary underlying criteria for designation as a Vermont State Craft Center shall be high quality and authenticity of (1) educational programs, and (2) Vermont craftwork.

Educational Criteria: A Vermont State Craft Education Center will provide comprehensive craft education taught by acknowledged professionals, will offer exhibition opportunities for work by students and faculty, and will maintain a commitment to the criteria established by the Standards Group.

Exhibition Criteria: Vermont State Craft Centers will exhibit a high percentage (80% or greater) of original, high-quality, Vermont-made craftwork, will offer various approaches of educating the public about craft, and will maintain a commitment to the criteria established by the Standards Group.

Legal and Fiscal Criteria:

1. Designations will be site specific. Additional locations will require separate application and approval.

2. Vermont State Craft Centers will be free from legal encumbrances.

Governance Criteria:

1. Designees will be willing to accept and expect oversight from the Vermont State Craft Center Standards Group.

2. Designees will have in place a formal system for exhibitor feedback, including ideas, problems or complaints, which will then be integrated into the planning process.

3. A Vermont State Craft Center and Vermont State Craft Education Center will make available a year-end narrative to the Standards Group, which includes performance-to-criteria standards and other matters re- quested by the Standards Group.

Operational Criteria:

1. Vermont State Craft Centers will be operational year-round.

2. Designees will have been in existence for a minimum of three years prior to application for Vermont State Craft Center or State Craft Education Center designation.

3. Designees will be in good standing relative to community relations, customer relations and financial performance.

Attachment #2

STATE CRAFT CENTER AND STATE CRAFT EDUCATION CENTER DESIGNATION REVIEW PROCEDURE

Application review procedure, to be determined by the Standards Group, will include:

1. New applicants will file a narrative report on their ability to meet the criteria for designation as set by the Standards Group in accordance with Attachment #1.

2. Existing designees will submit, prior to the review date, documentation required by the Standards Group.

3. The Standards Group may conduct an on-site visit and community hearing. It shall have access to the records of an applicant for designation or renewal related to matters including the applicant's operation, education offerings, and governance policies and procedures. These requirements will be set by the Standards Group.

4. The Standards Group will provide a summary of its findings to the craft center or craft education center within thirty days of the meeting.

5. The Standards Group will develop processes pertaining to an application for designation, termination, and appeals and recommend them to the Overview Commission for approval. No designations will be made until the Overview Commission has approved processes for designation, termination and appeals.

Term of Designation:

1. Upon favorable review of a renewal application, the designation will be extended for a three-year term, with annual review. The initial term shall be two years.

2. The Chief Marketing Officer will represent the State in designation agreements.
3 V.S.A. § 457 — VT Code / Title 3 / Chapter 16 / Section 457
§ 457. Members
Status: in_force

(a) Any person who was a member of either of the predecessor systems immediately preceding the date of establishment shall become a member of the Retirement System as of the date of establishment.

(b) Any person who became an employee within the three-year period prior to the date of establishment, but did not become a member of the Vermont Employees' Retirement System because he or she had not completed three consecutive years of service prior to the date of establishment, shall become a member as a condition of employment upon his or her completion of three consecutive years of service.

(c) Any person who becomes an employee after the date of establishment shall become a member as a condition of employment (1) upon the completion of three consecutive years of service in the case of those employees classified under subdivision 455(a)(9)(A) of this title hired prior to July 1, 1978; and (2) upon employment in the case of those employees classified under subdivision 455(a)(9)(B), and upon employment in the case of those employees classified under subdivision 455(a)(9)(A) hired on or after July 1, 1978 except employees hired in a temporary capacity. No person shall join the system as a Group E member after December 31, 1990.

(d) Should any Group A, C, D, F, or G member who has less than five years of creditable service in any period of five consecutive years after last becoming a member be absent from service more than three years or should the member withdraw the member's contributions, or become a beneficiary or die, the member shall then cease to be a member. However, the membership of any employee entering such classes of military or naval service of the United States as may be approved by resolution of the Retirement Board shall be continued during such military or naval service if the member does not withdraw his or her contributions, but no such member shall be considered in the service of the State for the purpose of the Retirement System during such military or naval service, except as provided in subsection 458(e) of this title.

(e) For purposes of benefits available under this chapter, former county court employees hired by the counties to court positions on or before June 30, 2008 who became State employees on February 1, 2011 pursuant to 2010 Acts and Resolves No. 154 shall be deemed to have been first included in membership of the system on or before June 30, 2008.
3 V.S.A. § 3086 — VT Code / Title 3 / Chapter 53 / Section 3086
§ 3086. Operations Division
Status: repealed

(a) The Operations Division of the Agency is created. It shall be administered by a Director of Administration.

(b) The Operations Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:

(1) personnel administration;

(2) financing and accounting activities;

(3) coordination of filing and records maintenance activities;

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

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

(6) management improvement services;

(7) training;

(8) information systems and technology; and

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

(c) Other provisions of the law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Operations Division.

(d) [Repealed.]
3 V.S.A. § 1003 — VT Code / Title 3 / Chapter 27 / Section 1003
§ 1003. Judicial review; stay pending appeal
Status: in_force

(a) Any person aggrieved by an order or decision of the Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court.

(b) An order of the Board shall not automatically be stayed pending appeal. A stay must first be requested from the Board. The Board may stay the order or any part of it. If the Board denies a stay, then a stay may be requested from the Supreme Court. The Supreme Court or a single justice may stay the order or any part of it and may order additional interim relief.
3APPENDIX V.S.A. § 24 — VT Code / Title 3APPENDIX / Chapter 3 / Section 24
§ 3-24. Exec. Order No. 3-24 (No. 08-93) [Vermont State Craft Center Overview Commission]
Status: in_force

Superseded and replaced by Executive Order No. 06-06 (codified as Executive Order No. 3-46), dated October 10, 2006.
3 V.S.A. § 101 — VT Code / Title 3 / Chapter 5 / Section 101
§ 101. Commission; office
Status: in_force

The Secretary of State shall be commissioned by the Governor and shall keep an office open for the transaction of business.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 32 / Section 2
§ 32-2. Exec. Order No. 32-2 (No. 38-87) [Interim Allocations 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.
3 V.S.A. § 2854 — VT Code / Title 3 / Chapter 51 / Section 2854
§ 2854. 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 15 of this act.

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

(c) No regulation may be issued by a director of a division without the approval of the commissioner or his or her designee and the Secretary.
3 V.S.A. § 113 — VT Code / Title 3 / Chapter 5 / Section 113
§ 113. Record by photostatic or photographic method
Status: in_force

The Secretary of State may record by photostatic or photographic method any instrument, paper, or document required by law to be recorded by him or her, and he or she may give photostatic or photographic copies of the same, required by law to be filed or recorded with him or her, upon tender of his or her legal fees. Such copies, duly certified by him or her, shall be competent evidence in court and have the same force as the originals thereof would have had if produced in court.
3APPENDIX V.S.A. § 18 — VT Code / Title 3APPENDIX / Chapter 29 / Section 18
§ 29-18. Exec. Order No. 29-18 (No. 65-88) [Transfer of Certain Lands in Town of Groton From Agency of Transportation to Agency of Natural Resources, Department of Forests, Parks and Recreation and Grant of Temporary Easem]
Status: in_force

WHEREAS, it appears that certain lands hereinafter described and located in the Town of Groton, County of Caledonia and State of Vermont and presently under the jurisdiction and control of the Agency of Natural Resources, Department of Forests, Parks and Recreation, and

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

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

Being part of the same land and premises conveyed to the State of Vermont by Carroll R. Palmer and Joan A. Palmer by Quit-Claim Deed dated July 14, 1978 and recorded in Book 29, Pages 606-608 of the Town of Groton Land Records; said land being designated as Parcel #6 as shown on Pages 6, 10, and 14 of the plans of Highway Project Groton F 026-1 (27)S, a plat of which is attached hereto and made a part hereof, and with reference to said plat being more particularly described as follows:

Parcel #6:

Beginning at a point in the existing southeasterly right-of-way boundary of U.S. Route #302, 26 feet distant southwesterly radially from approximate survey station 97 + 89 of the established centerline (established centerline hereinafter referred to said CL) of Highway Project Groton F 026-1 (27)S;

thence 41 feet, more or less, southeasterly and parallel to said CL along the aforesaid existing southwesterly right-of-way boundary of U.S. Route #302 to a point 26 feet distant southwesterly radially from approximate survey station 98 + 30 of said CL;

thence 21 feet, more or less, southeasterly, to a point 42 feet distant radially from station 98 + 43 of said CL;

thence 41 feet, more or less, northwesterly and parallel to said CL to a point 42 feet distant radially from station 98 + 02 of said CL;

thence 21 feet, more or less, northwesterly to the point of beginning.

Said Parcel #6 contains 0.01 acre, more or less.

Also included in this transfer are the following easements and/or rights required for the construction of Highway Project Groton F 026-1 (27)S:

A temporary easement during the period of construction to extend highway slopes and embankments in an area of 40 square feet, more or less, as shown on Pages 5 and 14 of the plans of said Highway Project a plat of which is attached hereto and made a part hereof. The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The Agency of Transportation shall have the right to remove all trees, logs, stumps, protruding roots, bush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

A temporary easement during the period of construction to enter upon land under the jurisdiction of the Agency of Natural Resources, Department of Forests, Parks and Recreation for construction purposes including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris in an area which contains 280 square feet, more or less, and is located right of and between approximate survey stations 98 + 02 and 98 + 48 of the established centerline of said Highway Project, as shown on a plat which is attached hereto and made a part hereof.

Dated August 18, 1988.
3 V.S.A. § 123 — VT Code / Title 3 / Chapter 5 / Section 123
§ 123. Duties of Office
Status: in_force

(a) The Office shall provide administrative, secretarial, financial, investigatory, inspection, and legal services to the boards. The services provided by the Office shall include:

(1) Sending, receiving, and processing applications for licenses.

(2) Issuing, recording, renewing, and reinstating all licenses as ordered by the boards, an appellate officer, the Director, an administrative law officer, or a court.

(3) Revoking or suspending licenses as ordered by the boards, the Director, an administrative law officer, or a court.

(4) Keeping all files and records of the boards, including minutes of meetings.

(5) Compiling and maintaining a current register of all licensees.

(6) Compiling and maintaining statistical information for each board, including the number of applications received; the number of licenses, certificates, registrations, and permits issued, renewed, and reinstated; examination results; the number and disposition of inspections and complaints; and the number of board meetings.

(7) Collecting and depositing all fees into the Professional Regulatory Fee Fund.

(8) Arranging payment of all expenses incurred by the boards within the limits of the funds appropriated to them.

(9) Standardizing, to the extent feasible and with the advice of the boards, all applications, licenses, and other related forms and procedures, and adopting uniform procedural rules governing the investigatory and disciplinary process for all boards set forth in section 122 of this chapter.

(10) Notifying the public and board members of all meetings and examinations to be held by the boards and arranging for places for those meetings and examinations.

(11) Assisting the boards in developing rules consistent with the principles set forth in 26 V.S.A. chapter 57. Notwithstanding any provision of law to the contrary, the Secretary of State shall serve as the adopting authority for those rules.

(12) With the assistance of the boards, establishing a schedule of license renewal and termination dates so as to distribute the renewal work in the Office as effectively as possible.

(A) Licenses may be issued and renewed according to that schedule for periods of up to two years.

(B) A person whose initial license is issued within 90 days prior to the set renewal date shall not be required to renew the license until the end of the first full biennial licensing period following initial licensure.

(13) To the extent that resources permit, providing other administrative services that are necessary or desirable for the efficient operation of the boards.

(b) The Director shall consult with each board and prepare a consolidated budget for the Office. The consolidated budget shall also contain funds deemed to be required by the Director for the administration of this chapter. The Director shall submit the consolidated budget to the Secretary of State.

(c) The Director may purchase examination materials and contract with examination providers to administer examinations.

(d) The Director may adopt procedures for the effective administration of this section.

(e) The Secretary of State shall contract with and appoint one or more attorneys licensed to practice in this State to serve as administrative law officers under subsection 129(j) of this title or appellate officers under section 130a of this title.

(f) Classified State employees who are employed as investigators by the Secretary of State who have successfully met the standards of training for a Level III law enforcement officer under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment.

(g)(1) The Office shall establish uniform procedures applicable to all of the professions and boards set forth in section 122 of this chapter, providing for:

(A) appropriate recognition of education, training, or service completed by a member of the U.S. Armed Forces toward the requirements of professional licensure; and

(B) expedited issuance of a professional license to a person who is licensed in good standing in another regulatory jurisdiction; and

(i) whose spouse is a member of the U.S. Armed Forces and who has been subject to a military transfer to Vermont; and

(ii) who left employment to accompany his or her spouse to Vermont.

(2) The Director may evaluate specific military credentials to determine equivalency to credentials required for professions attached to the Office. The determinations shall be adopted through written policy that shall be posted on the Office's website.

(3) The Director may evaluate apprenticeship programs recognized or administered by the Vermont Department of Labor, Agency of Education, or U.S. Department of Labor to determine equivalency to credentials required for professions attached to the Office. The determinations shall be adopted through written policy that shall be posted on the Office's website.

(h) Notwithstanding any provision of Title 26 of the Vermont Statutes Annotated to the contrary, the Office, on behalf of the Director or a board, may use electronic mail to send notices and reminders that would otherwise be sent by mail, except certified mail, and may use online services to elicit information and sworn attestations that would otherwise be obtained on a paper form.

(i)(1) The Director shall actively monitor the actions of boards attached to the Office and shall ensure that all board actions pursued or decided are lawful, consistent with State policy, reasonably calculated to protect the public, and not an undue restraint of trade.

(2) If the Director finds an exercise of board authority or discretion does not meet those standards, the Director may, except in the case of disciplinary actions:

(A) provide written notice to the board explaining the perceived inconsistency, which notice shall have the effect of staying that action and implementing any alternative prescribed by the Director;

(B) schedule a public meeting with the board to resolve questions about the action and explore alternatives; and

(C) within 60 days following that meeting, issue a written directive finding that:

(i) the exercise of board authority or discretion is consistent with State policy, in which case the action shall be reinstated;

(ii) the exercise of board authority or discretion is inconsistent with State policy in form, but may be modified to achieve consistency, in which case the board may issue a modified action consistent with the Director's recommendation; or

(iii) the exercise of board authority or discretion is inconsistent with State policy in purpose, in which case any alternative prescribed by the Director shall stand as the regulatory policy of the State.

(j)(1) The Office may inquire into the criminal background histories of applicants for initial licensure and for license renewal of any Office-issued credential, including a license, certification, registration, or specialty designation for the following professions:

(A) licensed nursing assistants, licensed practical nurses, registered nurses, and advanced practice registered nurses licensed under 26 V.S.A. chapter 28;

(B) private investigators, security guards, and other persons licensed under 26 V.S.A. chapter 59;

(C) real estate appraisers and other persons or business entities licensed under 26 V.S.A. chapter 69;

(D) osteopathic physicians licensed under 26 V.S.A. chapter 33;

(E) physical therapists and physical therapist assistants licensed under 26 V.S.A. chapter 38;

(F) licensed clinical mental health counselors licensed under 26 V.S.A. chapter 65;

(G) audiologists licensed under 26 V.S.A. chapter 67;

(H) licensed marriage and family therapists licensed under 26 V.S.A. chapter 76;

(I) speech-language pathologists licensed under 26 V.S.A. chapter 87;

(J) social workers licensed under 26 V.S.A. chapter 61;

(K) individuals registered on the roster of psychotherapists who are nonlicensed and noncertified;

(L) psychologists licensed under 26 V.S.A. chapter 55;

(M) occupational therapists licensed under 26 V.S.A. chapter 71;

(N) peer support providers and peer recovery support specialists certified under 26 V.S.A. chapter 60; and

[Subdivision (j)(1)(O) effective July 1, 2026.]

(O) community-based perinatal doulas certified under 26 V.S.A. chapter 84.

(2) Prior to acting on an initial or renewal application, the Office may obtain with respect to the applicant a Vermont criminal history record, an out-of-state criminal history record, and a criminal history record from the Federal Bureau of Investigation. Federal Bureau of Investigation background checks shall be fingerprint-supported, and fingerprints so obtained may be retained on file and used to notify the Office of future triggering events. Each applicant shall consent to the release of criminal history records to the Office on forms developed by the Vermont Crime Information Center.

(3) Applicants subject to background checks shall be notified that a check is required, if fingerprints will be retained on file, and that criminal convictions are not an absolute bar to licensure, and shall be provided such other information as may be required by federal law or regulation.

(k) For any profession attached to it, the Office shall provide a pre-application determination of an individual's criminal background. This determination shall not be binding on the Office in a future application if the individual violates probation or parole or is convicted of another crime following the determination.

(1) The Office shall initiate this determination upon an individual's “second chance” determination request. This request shall provide documentation related to the individual's conviction or convictions, evidence of rehabilitation, and identification of the profession or professions for which the individual seeks licensure.

(2) The individual shall submit this request online, accompanied by the fee for preapplication determinations set forth in section 125 of this subchapter.

(3) The Office shall:

(A) process a request within 30 days of receiving a complete request;

(B) assess the nature of the underlying conviction or convictions, the nexus to the profession or professions for which the individual seeks licensure, and the provided evidence of rehabilitation; and

(C) respond to the individual's request in writing.

(l) When, by reason of disqualification, resignation, vacancy, or necessary absence, a board is unable to form a quorum or assign one or more members to assist in the investigation and prosecution of complaints or license applications, or to adjudicate a contested case, the Secretary of State may appoint ad hoc members, either as voting members to establish a quorum at a specific meeting or as nonvoting members to assist Office investigators and prosecutors.

(m) The provisions of subsection 116a(b) of this title shall not apply to the Office. The Office shall utilize the procedures within 26 V.S.A. chapter 57 to review whether regulation of a profession is still necessary.
3 V.S.A. § 977 — VT Code / Title 3 / Chapter 27 / Section 977
§ 977. Posting
Status: in_force

Every State agency and department shall distribute a copy of this law by August 1, 2008 and shall post and display notices of State employee protection under this subchapter in a prominent and accessible location in the workplace.
3 V.S.A. § 531 — VT Code / Title 3 / Chapter 18 / Section 531
§ 531. Definitions
Status: in_force

As used in this chapter:

(1) “Contribution level” means the contribution rate for the participant that may be expressed as one of the following:

(A) A percentage of the participant's taxable wages as is required to be reported under Sections 6041 and 6051 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.

(B) A dollar amount up to the maximum deductible amount for the participant's taxable year under Section 219(b)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.

(C) In the absence of an affirmative election by the participant, five percent of the participant's taxable wages as is required to be reported under Sections 6041 and 6051 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time. The contribution level of a participant who customarily and regularly receives gratuities in conjunction with the participant's employment shall be a percentage of such participant's wages as is required to be reported under Sections 6041 and 6051 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.

(2) “Covered employee” means an individual who is 18 years of age or older who is employed by a covered employer and who has wages or other compensation that are allocable to the State during a calendar year. A covered employee may include a part-time, seasonal, or temporary employee only to the extent permitted in rules adopted by the Treasurer. A covered employee shall not include:

(A) any employee covered under the federal Railway Labor Act, 45 U.S.C § 151;

(B) any individual who is an employee of the federal government, the State or any other state, any county or municipal corporation, or any of the State's or any other state's units or instrumentalities; or

(C) any employee on whose behalf an employer makes contributions to a Taft-Hartley multiemployer pension trust fund.

(3) “Covered employer” means a person, entity, or subsidiary engaged in a business, industry, profession, trade, or other enterprise in the State, whether for profit or not for profit, that does not currently offer to an employee, or is within a control group that maintains or contributes to, a specified tax-favored retirement plan. If an employer does not maintain a specified tax-favored retirement plan for a portion of a calendar year ending on or after the effective date of this chapter but does adopt such a plan for the remainder of that calendar year, the employer is not a covered employer for the remainder of the year. A covered employer does not include:

(A) the federal government, the State or any other state, any county or municipal corporation, or any of the State's or any other state's units or instrumentalities;

(B) any employer that has only been in business during the current calendar year.

(4) “ERISA” means the federal Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C § 1001 et seq.

(5) “Internal Revenue Code” means the U.S. Internal Revenue Code of 1986, as amended.

(6) “IRA” means a traditional IRA or a Roth IRA.

(7) “Participant” means an individual who has an IRA under the Program.

(8) “Payroll deduction IRA or payroll deduction IRA arrangement” means an arrangement by which an employer allows employees to contribute to an IRA by means of payroll deduction.

(9) “Program” means the Vermont Saves Program established in accordance with this chapter.

(10) “Roth IRA” means a Roth individual retirement account or Roth individual retirement annuity described in Section 408A of the Internal Revenue Code.

(11) “Specified tax-favored retirement plan” means a plan, program, or arrangement that is tax qualified under or described in, and satisfies the requirements of, Section 401(a), Section 401(k), Section 403(a), Section 403(b), Section 408(k), Section 408(p), or Section 457(b) of the Internal Revenue Code, without regard to whether it constitutes an employee benefit plan under ERISA.

(12) “Traditional IRA” means a traditional individual retirement account or traditional individual retirement annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code.

(13) “Trust” means the trust in which the assets of the Program are held.

(14)(A) “Vendor” means:

(i) a federally regulated retirement plan sponsor conducting business in the State, including a federally regulated investment company, program administrator, custodian or trustee, or an insurance company; or

(ii) a company conducting business in the State to:

(I) provide ancillary services, including technological, payroll, or recordkeeping services; and

(II) offer retirement plans or payroll deposit individual retirement account arrangements using products of regulated retirement plan sponsors.

(B) “Vendor” does not mean individual registered representatives, brokers, financial planners, or agents.

(15) “Vermont Retirement Security Fund” means the fund established in section 534 of this chapter for the sole purpose of paying the administrative costs and expenses of the Program.

(16) “Wages” means any compensation within the meaning of Section 219(f)(1) of the Internal Revenue Code that is received by an employee from an employer during a calendar year.
3 V.S.A. § 1203b — VT Code / Title 3 / Chapter 31 / Section 1203b
§ 1203b. Appearance of unethical conduct
Status: in_force

A public servant shall avoid any actions creating the appearance that the public servant is violating the Code of Ethics. Whether particular circumstances create an appearance that the Code of Ethics have been violated shall be determined from the perspective of a reasonable individual with knowledge of the relevant facts.
3 V.S.A. § 2501 — VT Code / Title 3 / Chapter 47 / Section 2501
§ 2501. Definitions
Status: in_force

As used in this subchapter, “Program” means the Market Vermont Program created by this subchapter.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 19 / Section 2
§ 19-2. Exec. Order No. 19-2 (No. 04-94) [Designation of Agency of Transportation as Administrator of Highway Safety Program]
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. § 63 — VT Code / Title 3APPENDIX / Chapter 20 / Section 63
§ 20-63. Exec. Order No. 20-63 (No. 05-22) [Governor's Violence Prevention Task Force] ** [Expires December 31, 2026.]
Status: in_force

[Expires December 31, 2026.]

WHEREAS, April 19, 2018, I issued Executive Order, No. 03-18, establishing a Governor's Community Violence Prevention Task Force as a forum for honest, respectful, and fact-based discussions about how Vermonters can reduce the risk of violence in our communities, including identifying root causes and developing open conversations about behavior, mental health, firearm safety, restoring civil discourse and personal responsibility; and

WHEREAS, the Task Force submitted its final report to me on May 31, 2019, and was disbanded with the expiration of the Executive Order on December 31, 2019; and

WHEREAS, the Task Force's final report suggested multiple initiatives to prevent large-scale violence and mitigate its effects in our state, many of which have been proposed to the Legislature and taken up, including increased funding for early mental health interventions and initiating behavioral threat assessments in Vermont schools; and

WHEREAS, while Vermont is one of the healthiest and safest states in America, like the rest of the country, Vermont is experiencing staffing shortages in critical professions, including public safety and law enforcement, social work, and health care, at the same time it is facing spikes in rates of violent crime, organized drug crime and overdoses, and mental health crises; and

WHEREAS, on August 17, 2022, I issued my Public Safety Enhancement and Violence Reduction 10-Point Action Plan, a framework to address Vermont's recent increase in violent crime, including gun crimes, drug trafficking and domestic violence; and

WHEREAS, on September 1, 2022, I appointed a Director of Violence Prevention to bring focus, clarity and discipline to a longer-term prevention strategy that prioritizes early interventions for children and families; and

WHEREAS, the Director of Violence Prevention will lead a reconstituted Violence Prevention Task Force made up of Executive Branch officers responsible for law enforcement and prosecution, and social service interventions; and

WHEREAS, the Violence Prevention Task Force is directed to implement specific and measurable community violence prevention policies and strategies across state government, with an emphasis on preventing gun crimes in schools and in community settings.

NOW THEREFORE, BE IT RESOLVED, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor's Violence Prevention Task Force as follows:

I. Composition and Appointments

The Governor's Violence Prevention Task Force shall consist of senior executive branch officials, including the Governor's Secretaries of the Agencies of Human Services, Education and Digital Services; the Commissioners of Public Safety, Mental Health, Corrections, Children and Families and Health; the Chief of the Criminal Justice Division of the Office of the Attorney General; and the Executive Director of the Office of State's Attorneys and Sheriffs, or designee.

The Task Force will be chaired by the Director of Violence Prevention.

The Task Force is directed to work cooperatively and collaboratively across the Executive Branch enterprise to accomplish its charge.

The Task Force should consult, as appropriate and necessary, with the Vermont School Safety Center, the Vermont Association of Chiefs of Police, the Vermont Sheriff's Association, the Vermont Center for Crime Victim Services, the Criminal Justice Council, the Defender General, the Vermont League of Cities and Towns and other community stakeholders and private sector professionals identified by the Task Force, for information, insights, and advice.

II. Violence Prevention Task Force Charge and Process

The Task Force shall:

A. Coordinate policy implementation across state government to help address violence against others in schools and communities;

B. Identify needed reform of existing criminal justice laws, regulations, policies, and programs and propose – and advocate for – legislative and programmatic changes to better deter and prevent violent crimes and hold offenders accountable;

C. Coordinate federal funding opportunities to better prevent community violence, facilitate better use of ERPO implementation/enhancements and significantly improve school safety and school violence prevention; and

D. Perform other duties with respect to violence prevention initiatives as the Governor may direct.

The Violence Prevention Task Force will be advisory to the Governor and will report to him regularly on its view of the effectiveness of violence prevention policy.

The Violence Prevention Task Force shall receive administrative, and staff support from the Office of the Governor and data support from the Agency of Digital Services, the Agency of Human Services, and the Department of Public Safety.

III. Effective Date

This Executive Order shall take effect upon execution and shall expire December 31, 2026.

Dated October 5, 2022
3APPENDIX V.S.A. § 31 — VT Code / Title 3APPENDIX / Chapter 20 / Section 31
§ 20-31. Exec. Order No. 20-31 (No. 03-05) [Designation Of The National Incident Management System (NIMS) As The Basis For All Incident Management In The State]
Status: in_force

Superseded and replaced by Executive Order No. 07-12 (codified as Executive Order No. 20-45), dated April 12, 2012.
3APPENDIX V.S.A. § 29 — VT Code / Title 3APPENDIX / Chapter 10 / Section 29
§ 10-29. Exec. Order No. 10-29 (No. 12-02) [West Mountain Wildlife Management Area]
Status: in_force

WHEREAS, in 1999, pursuant to Sec. 87a of No. 1 of the Acts of 1999, the State of Vermont participated in the purchase of approximately 133,000 acres of land in Vermont's Northeast Kingdom; and

WHEREAS, the appropriation of $4,500,000 was to be “used to purchase and ensure that the lands commonly referred to as the Champion lands in northeastern Vermont are conserved as a working forest for the sustainable production of wood products, for natural resources, including the maintenance of wildlife habitat and conservation of identified natural heritage sites, and for perpetual public access for traditional recreational uses”; and

WHEREAS, the former Champion lands now consist of approximately 84,000 acres of working forest, subject to both a working forest and a public access easement owned by the State of Vermont and the Vermont Land Trust to ensure that the land is perpetually managed for the sustainable growth and harvesting of timber and is perpetually open for public access; approximately 22,500 acres of state-owned land, the West Mountain Wildlife Management Area, conserved for perpetual public access and its fish, wildlife and ecological values; as well as approximately 26,500 acres of land held by the United States Fish and Wildlife Service as a Silvio Conti National Fish & Wildlife Refuge; and

WHEREAS, this land purchase, in which Vermont's contribution equaled less than a fifth of the total purchase price, has guaranteed Vermonters' access to these lands forever; and

WHEREAS, dialogue and clear assurances will allow us to move forward to ensure that the complex land deal that granted Vermonters so much is appreciated by Vermonters for its value and is protected forever.

NOW THEREFORE, I, Howard Dean, M.D., through the power vested in me as Governor of the State of Vermont, do hereby order as follows:

1. The West Mountain Wildlife Management Area (WMWMA) that was acquired by the state of Vermont as part of the so-called Champion land deal pursuant to Sec. 87a of No. 1 of the Acts of 1999, and that is a portion of the so-called Champion lands, is a wildlife management area, and as such it will be managed by the Vermont Department of Fish and Wildlife or its successor agency or department.

2. All of the approximately 22,500 acres of the WMWMA shall be conserved for lawful and perpetual public access for traditional recreational uses, including boating, fishing, trapping, snowshoeing, skiing, bird watching, hiking, and hunting (including training and using hunting dogs). The Department of Fish and Wildlife shall allow snowmobiling, bicycling, and equestrian uses in designated corridors.

3. The Department of Fish and Wildlife shall manage the WMWMA so as to retain road access to within two statute miles of any point within the WMWMA.

4. The Department of Fish and Wildlife shall manage the WMWMA both for natural resource protection and wildlife, including active management to support both game and non-game species.

5. The Department of Fish and Wildlife shall actively monitor the health, size, and distribution of selected populations of game and non-game species found in the WMWMA. Concurrently, the Department of Fish and Wildlife and the Department of Forests, Parks and Recreation shall monitor forest conditions of critical habitats including the habitat composition, condition, and health of bear-scarred beech stands, black bear wetland feeding areas, vernal pools, and white-tailed deer wintering habitat. These departments shall report their findings at the opening of each biennium to the legislative committees on institutions, natural resources and energy, and fish, wildlife and water resources, or any successor committee or committees.

6. Prior to the implementation of any changes to the management of WMWMA, and prior to the adoption of any new management plan for the WMWMA, the Department of Fish and Wildlife shall report to the legislative committees on institutions, natural resources and energy, and fish, wildlife, and water resources, or any successor committee or committees, with regard to those changes and those new plans.

7. From the date of the execution of this Executive Order, if the Department of Fish and Wildlife intends to change or alter any present traditional recreational use of the WMWMA land or to amend or modify the management plan on the WMWMA, the Department shall inform the legislative committees on institutions, natural resources and energy, and fish, wildlife, and water resources, or any successor committee or committees, of that intent in writing and through personal testimony, if invited by said committees to so testify, by the end of the month of January in any year in which the Department intends to institute changes or alter any present use. An emergency situation of a non-recurring nature necessitating Department action is exempt from the provisions of this paragraph, but information about the emergency action taken must be included in the next year's report to the legislative committees listed above. At the time of the emergency, the Commissioner will notify the chairs of the committees referenced above regarding the nature of the emergency and the steps taken to address the emergency.

8. By this order a Citizen Oversight Council is created to assist in implementing the provisions of this order and the provisions of the Champion land transaction in the northeastern region of Vermont as authorized by the 1999 session of the general assembly. The council shall function as a forum to hear and attempt to resolve concerns involving the so-called Champion lands that are brought to the attention of the council regarding ongoing use and management of state lands, collaboration with the United States Fish and Wildlife Service, and public access to the public and privately held lands. With respect to the public lands and the role of the Agency of Natural Resources (ANR) and its constituent departments, these matters may include: public access; the recreation access plan; snowmobiling and other motorized, mechanical, and equestrian access; private roads; temporary restrictions; federal ownership; timber harvesting; wildlife management; land conservation; water classification; and economic development. The council has no authority to discuss or comment on interests obtained by a private owner who purchases a portion of the property, including timber harvesting and forest management interests obtained. This Council shall consist of the same membership and incorporates the same duties as the Champion Land Transaction Citizen Advisory Council created by 10 V.S.A. §§ 6407-6409. In addition, the Citizen Oversight Council shall:

(a) Function as a source of information to persons interested in learning about the transaction including its legal conditions, or about the ongoing use and management of the land, and to provide for citizen advice, input and information relating to the future of the so-called Champion lands.

(b) Make recommendations to the ANR and its constituent departments and to the legislative committees referenced above on the ongoing process of ensuring that the lands commonly referred to as the Champion lands are: conserved as a working forest for the sustainable production of wood products; conserved for natural resources, including the maintenance of wildlife habitat and the conservation of identified natural heritage sites; and conserved for perpetual public access for traditional recreational uses.

The ANR and its constituent departments shall involve the council in their deliberative processes as they relate to the management of the WMWMA, and shall give due special consideration to any council recommendation provided under this section.

The Department of Fish and Wildlife shall provide administrative and staff support to the council. Citizen council members shall be entitled to compensation as provided under 32 V.S.A. § 1010, for no more than three meetings during a year in which the council is authorized, under this section, to meet.

This Executive Order shall take effect upon signing.

Dated November 1, 2002.
3 V.S.A. § 348 — VT Code / Title 3 / Chapter 14 / Section 348
§ 348. Internet service providers; net neutrality compliance
Status: in_force

(a) The Secretary of Administration shall develop a process by which an internet service provider may certify that it is in compliance with the consumer protection and net neutrality standards established in subsection (b) of this section.

(b) A certificate of net neutrality compliance shall be granted to an internet service provider that demonstrates and the Secretary finds that the internet service provider, insofar as the provider is engaged in the provision of broadband internet access service:

(1) Does not engage in any of the following practices in Vermont:

(A) Blocking lawful content, applications, services, or nonharmful devices, subject to reasonable network management.

(B) Impairing or degrading lawful internet traffic on the basis of internet content, application, or service or the use of a nonharmful device, subject to reasonable network management.

(C) Engaging in paid prioritization, unless this prohibition is waived pursuant to subsection (c) of this section.

(D) Unreasonably interfering with or unreasonably disadvantaging either a customer's ability to select, access, and use broadband internet access service or lawful internet content, applications, services, or devices of the customer's choice or an edge provider's ability to make lawful content, applications, services, or devices available to a customer. Reasonable network management shall not be considered a violation of this prohibition.

(E) Engaging in deceptive or misleading marketing practices that misrepresent the treatment of internet traffic or content to its customers.

(2) Publicly discloses to consumers accurate information regarding the network management practices, performance, and commercial terms of its broadband internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain internet offerings.

(c) The Secretary may waive the ban on paid prioritization under subdivision (b)(1)(C) of this section only if the internet service provider demonstrates and the Secretary finds that the practice would provide some significant public interest benefit and would not harm the open nature of the internet in Vermont.

(d) As used in this section:

(1) “Broadband internet access service” means a mass-market retail service by wire or radio in Vermont that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. The term also encompasses any service in Vermont that the Secretary finds to be providing a functional equivalent of the service described in this subdivision, or that is used to evade the protections established in this chapter.

(2) “Edge provider” means any person in Vermont that provides any content, application, or service over the internet and any person in Vermont that provides a device used for accessing any content, application, or service over the internet.

(3) “Internet service provider” or “provider” means a business that provides broadband internet access service to any person in Vermont.

(4) “Paid prioritization” means the management of an internet service provider's network to favor directly or indirectly some traffic over other traffic, including through the use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either in exchange for consideration, monetary or otherwise, from a third party or to benefit an affiliated entity, or both.

(5) “Reasonable network management” means a practice that has a primarily technical network management justification but does not include other business practices and that is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service.

(e) The terms and definitions of this section shall be interpreted broadly and any exceptions interpreted narrowly, using relevant Federal Communications Commission orders, advisory opinions, rulings, and regulations as persuasive guidance.
3 V.S.A. § 5014 — VT Code / Title 3 / Chapter 68 / Section 5014
§ 5014. Repealed. 2021, No. 142 (Adj. Sess.), § 1, eff. June 30, 2027
Status: repealed

(a) Creation. The Racial Justice Statistics Advisory Council is established within the Office of Racial Equity to serve in an advisory capacity to the Division of Racial Justice Statistics. The Council shall be organized and have the duties and responsibilities as provided in this section. The Council shall have the administrative, legal, and technical support of the Agency of Administration.

(b) Membership.

(1) Appointments. The Council shall consist of seven members, as follows:

(A) an individual with substantive expertise in community-based research on racial equity, to be appointed by the Governor; and

(B)(i) six individuals who have experience with or knowledge about one or more of the following situations:

(I) facing eviction;

(II) violence, discrimination, or criminal conduct, including law enforcement misconduct;

(III) moving to Vermont as an immigrant or refugee;

(IV) effects of racial disparities and discipline policies within the educational system; or

(V) participation in treatment programs addressing mental health, substance use disorder, and reentry programs; and

(ii) appointments made pursuant to this subdivision (B) shall be made by the following entities, each of which shall appoint one member: NAACP, Vermont Racial Justice Alliance, Migrant Justice, AALV Inc., Vermont Commission on Native American Affairs, and Outright Vermont.

(2) Qualifications. Members shall be drawn from diverse backgrounds to represent the interests of communities of color and other historically disadvantaged communities throughout the State and, to the extent possible, have experience working to implement racial justice reform and represent geographically diverse areas of the State.

(3) Terms. The term of each member shall be four years. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of this section. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term. Members shall serve until their successors are appointed. Members shall serve not more than two consecutive terms in any capacity.

(4) Chair and terms. Members of the Council shall elect by majority vote the Chair of the Council. Members of the Council shall be appointed on or before November 1, 2022 in order to prepare as they deem necessary for the establishment of the Council, including the election of the Chair of the Council. Terms of members shall officially begin on January 1, 2023.

(c) Duties. The Council shall have the following duties and responsibilities:

(1) work with and assist the Director or designee to implement the requirements of this subchapter;

(2) advise the Director to ensure ongoing compliance with the purpose of this subchapter;

(3) evaluate the data and analyses received from the Division and make recommendations to the Division as a result of the evaluations;

(4) report monthly on its findings and recommendations regarding the work of the Division to the Racial Disparities in the Criminal and Juvenile Justice Systems Advisory Panel; and

(5) on or before January 15, 2023 and annually thereafter, report to the House Committees on Judiciary and on Government Operations and Military Affairs and the Senate Committees on Judiciary and on Government Operations on:

(A) its findings regarding systemic racial bias and disparities within the criminal and juvenile justice systems based upon the data and analyses the Council receives from the Division pursuant to subdivision 5012(a)(7) of this subchapter; and

(B) a status report on progress made and recommendations for further action, including legislative proposals, to address systemic racial bias and disparities within the criminal and juvenile justice systems.

(d) Meetings. The Council shall meet monthly.

(e) Compensation. Each member of the Council shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010.

(f) Repeal. This section shall be repealed on June 30, 2027.
3APPENDIX V.S.A. § 57 — VT Code / Title 3APPENDIX / Chapter 29 / Section 57
§ 29-57. Exec. Order No. 29-57 (No. 07-21) [Transfer of Property in Plymouth from Division for Historic Preservation to Department of Forests, Parks and Recreation]
Status: in_force

WHEREAS, one of Vermont's premiere historic sites, the birthplace and boyhood home of Calvin Coolidge, also the site of President Coolidge's swearing in as 30th president of the United States (the “Coolidge Homestead”), is under the jurisdiction and control of the Agency of Commerce and Community Development, Department of Housing and Community Development, Division for Historic Preservation (“DHP”); and

WHEREAS, John Coolidge, the son of Grace and Calvin Coolidge, deeded 386 acres of the Wilder Farm Property that lies easterly of Route 100-A to DHP on December 4, 1985, via deed recorded at Vol. 49, Pages 246-248, in the Town of Plymouth Land Records (the “Wilder Farm Property”), thereby protecting the scenic viewshed of the Coolidge Homestead; and

WHEREAS, the Agency of Natural Resources, Department of Forests, Parks and Recreation (“FPR”) maintains 21,500 acres designated as Coolidge State Forest, established in 1925, a significant portion of which abuts the Wilder Farm Property to the east, and is managed for its recreational and natural resources; and

WHEREAS, DHP and FPR have agreed it is in the best interest of the Coolidge Homestead and the Wilder Farm Property to transfer the ownership, control and management jurisdiction of the Wilder Farm Property from DHP to FPR, to add the Wilder Farm Property to the Coolidge State Forest, thereby improving forest management and conservation, public access, recreational opportunities, and management of the Wilder Farm Property's natural resources for Vermonters, while still ensuring preservation of the viewshed for the Coolidge Homestead.

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

Being all and the same lands and premises conveyed to the State of Vermont, Division for Historic Preservation by deed of John Coolidge dated December 4, 1985, and recorded in Volume 49, Page 246-248 of the Plymouth Land Records. Said lands and premises are described in said deed as follows:

“Parcel No. 1: Being all the same lands and premises conveyed to the said John Coolidge by deed of James E. Blanchard and Vivian Blanchard dated October 2, 1967 and recorded in Vol. 30, Page 254 of Plymouth Land Records.

“Parcel No. 2: Being that portion of the same lands and premises conveyed to John Coolidge by deed of James E. Blanchard and Vivian Blanchard dated January 31, 1964 and recorded in Vol. 30, Page 55. The portion of said premises being conveyed hereby are all of the premises lying easterly of Route 100-A in said Town of Plymouth as conveyed by said deed.

The premises conveyed hereby may be described as follows:

“Beginning at an iron pin which iron pin lies in the southerly line of lands now or formerly of Mott and which iron pin marks the northeasterly corner of lands now or formerly of Orth; said iron pin also marks the northwesterly corner of the parcel herein conveyed; thence running S 85° 54' E along lands of Mott and partially following a stonewall a distance of 1614.2 ft. to an iron pin, a corner; thence running S 05° 53′ W along lands now of the State of Vermont a distance of 995.7 ft. to a concrete post; thence continuing S 06° 52' W along lands now or formerly of the Town of Plymouth a distance of 2028.5 ft. to an iron pin; thence continuing S 06° 21′ W along lands now or formerly of Sailer Brothers a distance of 2352.7 ft. to an iron pin, the southeasterly corner of the parcel herein conveyed; thence running N 67° 22′ W along lands now or formerly of Szostak a distance of 285.6 ft. to an iron pin; thence continuing along lands of Szostak S 74° 17′ W a distance of 653.2 ft. to an iron pin; thence running N 86° 09′ W along lands now or formerly of Ormsby a distance of 983.7 ft. to an iron pin; thence running S 82° 29′ W along lands of Ormsby a distance of 413.5 ft. to an iron pin, a corner; thence running S 06° 57′ W along lands of Ormsby a distance of 697.6 ft. to an iron pin, a corner; thence running N 83° 24′ W along a wire fence and stonewall a distance of 518.2 ft. to a stonewall corner; thence running N 9° 13′ W along the stonewall and wire fence and lands now or formerly of Bryant a distance of 576.1 ft. to an iron pin; thence running N 43° 24′ W a distance of 288.3 ft. to an iron pin; thence running N 85° 45′ W along a wire fence and stonewall and lands now or formerly of the State of Vermont a distance of 537.8 ft. to the end of said stonewall in the easterly right of way limits of Route 100-A, a corner; thence running generally northerly, northeasterly and easterly along the easterly right of way limits of Route 100-A to an iron pin marking the northwesterly corner of lands now or formerly Olson; thence running S 02° 10′ E along the westerly line of Olson a distance of 142.0 ft. to an iron pin, a corner; thence running N 87° 50′ E along lands of Olson a distance of 350.0 ft. to an iron pin, a corner; thence running N 02° 10′ W along lands of Olson a distance of 142.0 ft. to an iron pin in the southeasterly right of way limits of Route 100-A; thence running generally northeasterly and northerly along the right of way limits of Route 100-A to an iron pin marking the southwesterly corner of lands now or formerly of Orth, a corner; thence running S 63° 41′ E a distance of 143.7 ft. and along lands of Orth to an iron pin in a stonewall, a corner; thence running N 10° 49′ E and partially following a stonewall and lands now or formerly of Orth a distance of 722.5 ft. to an iron pin, the point or place of beginning. Parcel contains 386.0 acres, be the same more or less.”

Meaning and intending to convey hereby all that portion of the former Wilder Farm, so- called, which lies easterly of Route 100-A which were conveyed to the Grantor by the two separate deeds which James E. Blanchard and Vivian Blanchard referred herein.”

This Executive Order shall take effect upon execution.

Dated October 27, 2021
3 V.S.A. § 603 — VT Code / Title 3 / Chapter 20 / Section 603
§ 603. Treasurer's Trust authority
Status: in_force

The Treasurer, on behalf of the Trust and for purposes of the Trust, may:

(1) receive and invest monies in the Trust in any instruments, obligations, securities, or property in accordance with section 604 of this title;

(2) enter into one or more contractual agreements, including contracts for legal, actuarial, accounting, custodial, advisory, management, administrative, advertising, marketing, or consulting services, for the Trust and pay for such services from the assets of the Trust;

(3) procure insurance in connection with the Trust's property, assets, activities, or deposits and pay for such insurance from the assets of the Trust;

(4) apply for, accept, and expend gifts, grants, and donations from public or private sources to enable the Trust to carry out its objectives;

(5) adopt rules pursuant to chapter 25 of this title;

(6) sue and be sued;

(7) establish one or more funds within the Trust and expend reasonable amounts from the funds for internal costs of administration; and

(8) take any other action necessary to carry out the purposes of this chapter.
3APPENDIX V.S.A. § 35 — VT Code / Title 3APPENDIX / Chapter 3 / Section 35
§ 3-35. Exec. Order No. 3-35 (No. 09-98) [Vermont Commission on National and Community Service]
Status: in_force

Superseded by Executive Order 02-09 (codified as Executive Order No. 33-18), dated January 21, 2009.
3 V.S.A. § 3722 — VT Code / Title 3 / Chapter 57A / Section 3722
§ 3722. Regional microbusiness development programs operation
Status: in_force

The Office of Economic Opportunity shall provide grants to each community action agency for the microbusiness development program at each community action agency. In the event that a community action agency is unable, as determined by the Office of Economic Opportunity, or unwilling to perform the required services, the Office of Economic Opportunity may provide grants to another qualified regional entity.
3APPENDIX V.S.A. § 83 — VT Code / Title 3APPENDIX / Chapter 3 / Section 83
§ 3-83. Exec. Order No. 3-83 (No. 18-17) [Governor's Cybersecurity Advisory Team]
Status: in_force

WHEREAS, increasingly sophisticated cyber attacks aimed at breaching and damaging essential computer networks, infrastructure, and operations in Vermont represent major security risks and increase the State's vulnerability to adverse economic impacts, life-threatening institutional disruption, critical infrastructure damage, privacy violations and identify theft; and

WHEREAS, the advancing complexity and incidence of these cyber attacks demands heightened levels of coordination, information sharing, preparation and emergency response capabilities among State government and federal agencies, local governments, tribal governments, utilities, private companies, academic institutions, and other entities in order to protect computer networks and critical infrastructure systems from damage or unauthorized access; and

WHEREAS, Vermont State government agencies protect the State's computer networks and investigate criminal attacks on State computer networks and critical infrastructure systems under current State law.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor's Cybersecurity Advisory Team, as follows:

I. Composition and Appointments.

The Cybersecurity Advisory Team shall consist of not more than 10 members to be appointed by the Governor from inside and outside of State government. The State members shall include the State's Chief Information Security Officer, the State Chief Information Officer, the Governor's Homeland Security Advisor or designee, a representative from the Vermont National Guard, the Attorney General or designee, and a representative from Vermont Emergency Management. Non-State members may include leaders from the utilities sector, higher education, health care and business. The Cybersecurity Advisory Team may, in its discretion, establish inter-agency working groups to support its mission, drawing membership from any agency or department of State government. The Cybersecurity Advisory Team may also, in its discretion, consult with private sector professionals and those from other states, the federal government and municipalities for information and advice on issues related to the Team's charge as set forth herein.

The Cybersecurity Advisory Team shall receive administrative and staff support from the Secretary of Digital Services and legal support from the Governor's Counsel and the Department of Public Safety.

II. Cybersecurity Advisory Team Charge and Process.

The Cybersecurity Advisory Team will be advisory to the Governor on the State's Cybersecurity posture. The Cybersecurity Advisory Team shall meet at the call of the Chair, but not less frequently than quarterly, beginning October 15, 2017. The focus of the Cybersecurity Advisory Team shall be to:

A. Develop a strategic plan for protecting State of Vermont public sector and private sector information and systems;

B. Formally evaluate statewide Cybersecurity readiness and develop best practices for policies and procedures to strengthen administrative, technical and physical Cybersecurity safeguards as a resource for State government, Vermont businesses and the public;

C. Build strong relationships and lines of communications among the State government, federal government, and the private sector designed to ensure resilience of electronic information systems;

D. Build strong partnerships with local universities and colleges in order to leverage Cybersecurity resources; and

E. Identify and advise on opportunities to:

1. Ensure Vermont promotes, attracts and retains a highly-skilled Cybersecurity workforce;

2. Raise citizen awareness through outreach and public service announcements;

3. Provide technical capabilities, training, and advice to local government and the private sector;

4. Provide expertise to the State Legislature regarding statutory language that could further protect critical assets, infrastructure, services and personally identifiable information;

5. Advise on strategic, operational and budgetary impacts to the State; and

6. Engage State and federal partners in assessing and managing risk.

III. Effective Date.

This Executive Order shall take effect upon execution.

Dated October 10, 2017
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 10 / Section 3
§ 10-3. Exec. Order No. 10-3 (No. 29-71) [Transfer of Tourist Information and Outdoor Advertising Functions to Agency of Development and Community Affairs]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 29 / Section 2
§ 29-2. Exec. Order No. 29-2 (No. 57-80) [Transfer of Property in Milton From Transportation Board to Agency of Environmental Conservation, Department of Fish and Game]
Status: reserved

WHEREAS, it appears that certain land and premises located in the Town of Milton, County of Chittenden, and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Agency of Transportation are no longer necessary for State Highway purposes; and

WHEREAS, the Agency of Environmental Conservation, Department of Fish and Game, desires the use of said land and premises for its purposes;

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

Parcel A:

Being part of the same land and premises conveyed to State of Vermont by Sand Bar Bridge Company by Warranty Deed dated January 29, 1907 and recorded in Volume 23, Pages 912—915, of the Town of Milton Land Records, and being more particularly described as follows:

All right, title and interest in and to a portion of the right-of-way of former U.S. Route #2 described as follows:

Beginning at a point 54 feet distant northeasterly at right angle from approximate survey station 324 + 00 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-South Hero F 028-1 (1);

thence 250 feet, more or less, easterly to a point 98 feet distant northeasterly radially from approximate survey station 321 + 66 of said CL;

thence 68 feet, more or less, southerly and crossing former U.S. Route #2 to a point 33 feet distant northeasterly radially from approximate survey station 321 + 47 of said CL;

thence 62 feet, more or less, northwesterly and crossing said former U.S. Route #2 to the point of beginning.

Said parcel to contain 0.195 acre, more or less, as shown on a plat of Highway Project Milton-Colchester F 028-1 (3), which is attached hereto and made a part hereof.

Parcel C:

Being part of the same land and premises acquired by the Town of Milton for highway purposes by Court Decree of Chittenden County Court (1886 term) which was recorded October 24, 1890 in Milton Road Book, Pages 30-32, of the Town of Milton Land Records. This portion of highway was taken into the State Highway System on April 1, 1931 as a result of Legislative Act 61 of 1931, and being more particularly described as follows:

Beginning at a point 218 feet distant northeasterly radially from approximate survey station 315 + 93 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-South Hero F 028-1 (1);

thence 370 feet, more or less, southerly to a point 82 feet distant easterly radially from approximate survey station 311 + 90 of said CL;

thence 367 feet, more or less, southerly and crossing former U.S. Route #2 to a point 33 feet distant easterly radially from approximate survey station 101 + 60 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 384 feet, more or less, northerly and parallel to said CL and recrossing said former U.S. Route #2 to a point 33 feet distant easterly radially from approximate station 312 + 16 of the aforesaid CL of said Highway Project;

thence 455 feet, more or less, northerly to a point 174 feet distant northeasterly radially from approximate station 316 + 17 of said CL;

thence 51 feet, more or less, easterly and recrossing former U.S. Route #2 to the point of beginning.

Said parcel to contain 0.722 acre, more or less, as shown on said attached plat.

Parcel D:

Being part of the same land and premises conveyed to State of Vermont by Sanford H. Thompson and Sadie M. Thompson by Warranty Deed dated April 22, 1930 and recorded in Volume 28, Pages 21 and 22, of the Town of Milton Land Records, and being more particularly described as follows:

Beginning at a point 218 feet distant northeasterly radially from approximate survey station 315 + 93 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-South Hero F 028-1 (1);

thence 537 feet, more or less, southeasterly, southerly and southwesterly to a point 143 feet distant easterly radially from approximate survey station 313 + 58 of said CL;

thence 15 feet, more or less, northwesterly to a point 130 feet distant easterly radially from approximate survey station 313 + 65 of said CL;

thence 300 feet, more or less, southwesterly to a point 42 feet distant easterly radially from approximate survey station 101 + 60 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 312 feet, more or less, northerly and crossing former U.S. Route #2 to a point 82 feet distant easterly radially from approximate survey station 311 + 90 of the aforesaid CL of said Highway Project;

thence 375 feet, more or less, northeasterly, northerly and northwesterly to a point 174 feet distant northeasterly radially from approximate survey station 315 + 10 of said CL;

thence 103 feet, more or less, northerly and crossing former U.S. Route #2 to the point of beginning.

Said parcel to contain 0.890 acre, more or less, as shown on said attached plat.

Parcel E:

All right, title and interest in and to a portion of the right-of-way of former U.S. Route #2 which was taken into the State Highway System on April 1, 1931 (as a result of Legislative Act 61 of 1931,) and being more particularly described as follows:

Beginning at a point in the westerly right-of-way boundary of former U.S. Route #2, 66 feet distant westerly at right angle from approximate survey station 125 + 64 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 175 feet, more or less, southerly and parallel to said CL and crossing former U.S. Route #2 to a point in the easterly right-of-way boundary of former U.S. Route #2, 66 feet distant easterly at right angle from approximate survey station 127 + 35 of said CL;

thence 1591 feet, more or less, southerly along said easterly right-of-way boundary of former U.S. Route #2 to a point 25 feet distant easterly at right angle from approximate survey station 103 + 70 of the former U.S. Route #2 centerline (centerline hereinafter referred to as CL) of said Highway Project;

thence 50 feet, more or less, westerly and crossing said former U.S. Route #2 to a point in the westerly right-of-way boundary of former U.S. Route #2, 25 feet distant westerly at right angle from approximate survey station 103 + 70 of said former U.S. Route #2 CL;

thence 1827 feet, more or less, northerly along said westerly right-of-way boundary of former U.S. Route #2 to the point of beginning.

Said parcel to contain 1.931 acres, more or less, as shown on said attached plat.

Parcel F:

All right, title and interest in and to a portion of the right-of-way of former U.S. Route #2 which was taken into the State Highway System on April 1, 1931 as a result of Legislative Act 61 of 1931, and being more particularly described as follows:

Beginning at a point in the northeasterly right-of-way boundary of former U.S. Route #2, 25 feet distant northeasterly at right angle from approximate survey station 83 + 75 of the former U.S. Route #2 centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 637 feet, more or less, southeasterly along said northeasterly right-of-way boundary of former U.S. Route #2 to a point in the westerly right-of-way boundary of Relocated U.S. Route #2, 124 feet distant westerly at right angle from approximate survey station 163 + 80 of the established centerline (centerline hereinafter referred to as CL) of said Highway Project;

thence 65 feet, more or less, southerly and crossing former U.S. Route #2 to a point in the southwesterly right-of-way boundary of former U.S. Route #2, 120 feet distant westerly at right angle from approximate survey station 164 + 44 of said CL;

thence 679 feet, more or less, northwesterly along said southwesterly right-of-way boundary of former U.S. Route #2 to a point 25 feet distant southwesterly at right angle from approximate survey station 83 + 75 of the aforesaid former U.S. Route #2 CL;

thence 50 feet, more or less, northeasterly and crossing former U.S. Route #2 to the point of beginning.

Said parcel contains 0.75 acre, more or less, as shown on said attached plat.

Parcel G:

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

1. Warranty Deed from Howard H. Mayville and Ann B. Mayville dated October 26, 1972, and recorded in Book 48, Pages 372 and 373;

2. Warranty Deed from Beatrice L. Bryant and Phillip P. Bryant, Jr. and Beatrice L. Bryant and Phillip P. Bryant, Sr. as Guardians of Crystal A. Bryant, Wendy J. Bryant, Paula E. Bryant and Phyllis P. Bryant, dated January 22, 1974, and recorded in Book 51, Pages 383-385;

3. Warranty Deed from Adelore Peter Gravelle and Ida May Gravelle dated April 13, 1979, and recorded in Book 67, Pages 152-155; all of the Town of Milton Land Records and being more particularly described as follows:

Beginning at a point in the westerly right-of-way boundary of Relocated U.S. Route #2, 120 feet distant westerly at right angle from approximate survey station 164 + 44 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 120 feet, more or less, southeasterly to a point 80 feet distant westerly at right angle from approximate survey station 165 + 60 of said CL;

thence 104 feet, more or less, southeasterly to a point 25 feet distant westerly at right angle from approximate survey station 166 + 44 of said CL;

thence 58 feet, more or less, southeasterly and crossing the Relocated U.S. Route #2 CL to a point 25 feet distant easterly at right angle from approximate survey station 166 + 74 of said CL;

thence 90 feet, more or less, easterly to a point in the westerly right-of-way boundary of former U.S. Route #2, 115 feet distant easterly at right angle from approximate survey station 166 + 80 of said CL;

thence 148 feet, more or less, southerly along said westerly right-of-way boundary of former U.S. Route #2 to a point on the northerly bank of the Lamoille River, 123 feet distant easterly at right angle from approximate survey station 168 + 26 of said CL;

thence 1,118 feet, more or less, northwesterly along the northerly bank of the Lamoille River to a point 60 feet distant southeasterly at right angle from approximate survey station 83 + 75 of the former U.S. Route #2 centerline (centerline hereinafter referred to as CL) of said Highway Project;

thence 35 feet, more or less, northeasterly to a point in the southwesterly right-of-way boundary of former U.S. Route #2, 25 feet distant southwesterly at right angle from approximate survey station 83 + 75 of said former U.S. Route #2 CL;

thence 679 feet, more or less, northeasterly along said southwesterly right-of-way boundary of former U.S. Route #2 to the point of beginning.

Said parcel contains 1.382 acres, more or less, as shown on said attached plat.

There is excepted and reserved from this conveyance an easement to cross said Parcel G for highway purposes, by bridging, together with an easement to construct, reconstruct, replace, repair, and maintain said bridge.

In the event facilities are constructed, maintained, or otherwise operated on the parcel of land herein conveyed for the accommodation of the traveling public or business users of any Federal-aid highway or any other member of the public in general (such as eating, sleeping, rest and recreation), the Agency of Environmental Conservation, Department of Fish and Game, agrees that it will not discriminate on the ground of race, color or national origin against such traveling public or highway users or others in their access to and use of the facilities and services so constructed, maintained or otherwise operated, and that it shall construct, maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21 (49 C.F.R., Part 21) and as said Regulations may be amended.

Dated December 5, 1980.
3APPENDIX V.S.A. § 27 — VT Code / Title 3APPENDIX / Chapter 10 / Section 27
§ 10-27. Exec. Order No. 10-27 (No. 07-02) [Establishment of On-Site Septic Reform Education and Implementation Advisory Committee]
Status: in_force

Expired by its own terms, effective January 1, 2003.
3 V.S.A. § 346 — VT Code / Title 3 / Chapter 14 / Section 346
§ 346. State contracting; intellectual property, software design, and information technology
Status: in_force

(a) The Secretary of Administration shall include in Administrative Bulletin 3.5 a policy direction applicable to State procurement contracts that include services for the development of software applications, computer coding, or other intellectual property, which would allow the State of Vermont to grant permission to the contractor to use or own the intellectual property created under the contract for the contractor's commercial purposes.

(b) The Secretary may recommend contract provisions that authorize the State to negotiate with a contractor to secure license terms and license fees, royalty rights, or other payment mechanism for the contractor's commercial use of intellectual property developed under a State contract.

(c) If the Secretary authorizes a contractor to own intellectual property developed under a State contract, the Secretary may recommend language to ensure the State retains a perpetual, irrevocable, royalty-free, and fully paid right to continue to use the intellectual property including escrow for perpetual use at least annually.
3 V.S.A. § 3087a — VT Code / Title 3 / Chapter 53 / Section 3087a
§ 3087a. Field Services Division
Status: in_force

The Division of Field Services is created within the Agency of Human Services. The Division shall be headed by a director who shall be exempt from the classified service and who shall be appointed by the Secretary of Human Services.
3 V.S.A. § 5001 — VT Code / Title 3 / Chapter 68 / Section 5001
§ 5001. Position
Status: in_force

(a) There is created within the Executive Branch the position of Executive Director of Racial Equity to identify and work to eradicate systemic racism within State government.

(b) The Executive Director of Racial Equity shall have the powers and duties enumerated within section 2102 of this title and shall work collaboratively with and act as a liaison between the Governor's Workforce Equity and Diversity Council, the Vermont Human Rights Commission, and the Governor's Cabinet.

(c) The Executive Director shall be housed within and have the administrative, legal, and technical support of the Agency of Administration.

(d) The Executive Director shall report to and be under the general supervision of the Governor, or, to the extent such supervisory authority is delegated, the Secretary of Administration. The Administration shall not prevent or prohibit the Executive Director from initiating, carrying out, or completing the duties of the Executive Director as set forth in section 5003 of this title.
3APPENDIX V.S.A. § 8 — VT Code / Title 3APPENDIX / Chapter 18 / Section 8
§ 18-8. Exec. Order No. 18-8 (No. 03-94) [Drug Policy Cabinet]
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. § 1002 — VT Code / Title 3 / Chapter 27 / Section 1002
§ 1002. Enforcement
Status: in_force

(a) Orders of the Board or an arbitrator issued under this chapter may be enforced by any party or by the Board by filing a petition with the Superior Court in Washington County or the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party as provided for service of process under the Vermont Rules of Civil Procedure. If, after hearing, the Court determines that the Board or arbitrator had jurisdiction over the matter and that a timely appeal was not filed, or that an appeal was timely filed and a stay of the Board or arbitrator's order or any part of it was not granted, or that a Board order was affirmed on appeal in pertinent part by the Supreme Court, or that an arbitrator's order was affirmed on appeal in pertinent part by the Superior Court, the Court shall incorporate the order of the Board or arbitrator as a judgment of the Court. There is no appeal from that judgment except that a judgment reversing a decision by the Board or an arbitrator on jurisdiction may be appealed to the Supreme Court.

(b) Upon filing of a petition by a party or the Board, the Court may grant such temporary relief, including a restraining order, as it deems proper pending formal hearing.

(c) Orders and decisions of the Board shall apply only to the particular case under appeal, but any number of appeals presenting similar issues may be consolidated for hearing with the consent of the Board. Any number of employees who are aggrieved by the same action of the employer may join in an appeal with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement or the merit system principles by any order or decision.
3 V.S.A. § 2473 — VT Code / Title 3 / Chapter 47 / Section 2473
§ 2473. Division for Historic Preservation
Status: in_force

The Division for Historic Preservation is created within the Department of Housing and Community Development as the successor to and the continuation of the Board of Historic Sites and the Division of Historic Sites.
3 V.S.A. § 839 — VT Code / Title 3 / Chapter 25 / Section 839
§ 839. Publication of proposed rules
Status: in_force

(a) Online. The Secretary of State shall publish online notice of a proposed rule within two weeks after receipt of the proposed rule. Notice shall include the following information:

(1) the name of the agency;

(2) the title or subject of the rule;

(3) a concise summary in plain language of the effect of the rule;

(4) an explanation of the people, enterprises, and governmental entities affected by the rule;

(5) a brief summary of the economic impact;

(6) the name, telephone number, and address of an agency official able to answer questions and receive comments on the proposal;

(7) the date, time, and place of the hearing or hearings; and

(8) the deadline for receiving comments.

(b) Editing of notices. The Secretary of State may edit all notices for clarity, brevity, and format and shall include a brief statement explaining how members of the public can participate in the rulemaking process.

(c) Newspaper publication. The Secretary of State shall arrange for one formal publication, in a consolidated advertisement in newspapers having general circulation in different parts of the State as newspapers of record approved by the Secretary of State, of information relating to all proposed rules that includes the following information:

(1) the name of the agency and its internet address;

(2) the title or subject and a concise summary of the rule and the internet address at which the rule may be viewed; and

(3) the office name, office telephone number, and office mailing address of an agency official able to answer questions and receive comments on the proposal.

(d) Reimbursement. The Secretary of State shall be reimbursed by agencies making publication in accordance with subsection (c) of this section so that all costs are prorated among agencies publishing at the same time.
3APPENDIX V.S.A. § 14 — VT Code / Title 3APPENDIX / Chapter 33 / Section 14
§ 33-14. Exec. Order No. 33-14 (No. 03-06) [Building Bright Futures Council: A Public/Private Partnership]
Status: in_force

Superseded and replaced by Executive Order No. 1-08 (codified as Executive Order No. 33-17), dated February 8, 2008.
3APPENDIX V.S.A. § 16 — VT Code / Title 3APPENDIX / Chapter 33 / Section 16
§ 33-16. Exec. Order No. 33-16 (No. 05-07) [Vermont Developmental Disabilities Council]
Status: in_force

WHEREAS, Congress recognizes that disabilities are a natural part of the human experience that do not “diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream” of society, 42 U.S.C. § 15001;

WHEREAS, it is the purpose of the Developmental Disabilities Assistance and Bill of Rights Act 2000, 42 U.S.C. 15001 et seq. (hereinafter the Act), “to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life, through culturally competent program” authorized under the Act; and

WHEREAS, the State of Vermont and its various departments and agencies provide services to individuals with developmental disabilities and their families in order to provide the information, skills, opportunities, and support necessary to achieve full integration and inclusion in society; and

WHEREAS, individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of assistance, that are most effective when provided in a coordinated manner; and

WHEREAS, individuals with developmental disabilities and their families are the primary decision-makers regarding the services and support such individuals and their families receive and they should contribute to policy decisions and program development that affect their lives; and

WHEREAS, our communities are enriched by the contributions of individuals with developmental disabilities and their families who participate fully and actively in community activities and, with education and support, communities can become more accessible and responsive to their needs.

NOW, THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Vermont Developmental Disabilities Council to engage in advocacy, capacity building, and systemic change activities consistent with the purposes and policies of the Act that contribute to a coordinated, comprehensive system of needed community services, individualized supports, and other forms of assistance that promote self-determination of individuals with developmental disabilities and their families.

In the implementation of its charge, the Council shall:

(1) Conduct a comprehensive review and analysis of the adequacy of services, supports and other assistance available to individuals with developmental disabilities and their families in Vermont, including a description of service systems and policies, and the extent of direct benefits and unmet needs;

(2) Develop a 5-year strategic State plan through a planning process that includes stakeholder input and is derived from identified unmet needs of individuals and families;

(3) Inform the Governor and other policymakers annually about issues impacting the lives of individuals with developmental disabilities and their families;

(4) Implement the State plan by providing and supporting advocacy, capacity building, and systemic change activities such as outreach, training, technical assistance, support and education activities in communities, interagency collaboration and coordination, coordination with related councils, committees, and programs, barrier elimination, systems design and redesign, coalition development, citizen participation, and demonstration projects;

(5) Prepare, approve and implement a budget using amounts authorized by the Act;

(6) Hire an Executive Director to supervise the staff of the Council, to approve and hire other staff, and to obtain other professional, technical, and clerical personnel consistent with state law determined by the Council to be necessary to carry out its functions;

(7) Submit periodic reports on the Council's activities and outcomes as reasonably requested by the Secretary of U.S. Health and Human Services, keep records, and afford access as the Secretary finds necessary to verify those reports; and

(8) Adopt by-laws, develop operating policies, and form such committees and task forces as may be required to undertake specific projects authorized by the Council.

The Council shall consist of no less than 21 and no more than 25 members as necessary to meet the requirements established in the Act, as that Act may from time to time be amended. Up to five members of the Council shall be representatives from the Agency of Human Services designated by the Secretary and one member shall be a representative from the Vermont Department of Education designated by the Commissioner.

The Governor shall appoint all remaining members, at his discretion, and after soliciting recommendations as required by the Act. Members shall be geographically representative of the State and reflect the diversity of the State with respect to race and ethnicity, and shall include:

(1) One representative from Vermont Protection and Advocacy;

(2) One representative from the University of Vermont Center on Disability & Community Inclusion;

(3) Up to two representatives from local and non-governmental agencies and private nonprofit groups concerned with services for individuals for developmental disabilities in the State;

(4) An additional number of members to constitute at least 60% of the Council membership as follows: 1/3 shall be individuals with developmental disabilities, 1/3 shall be parents or guardians of children with developmental disabilities or immediate relatives or guardians of adults with disabilities, and 1/3 shall be a combination of these individuals provided that members under this subsection shall not be employees of a state agency or other entity that receives funds or provides services under the Act. At least one of these members shall be an immediate relative or guardian of an individual with a developmental disability who resides or previously resided in an institution.

The Council shall elect a Chair from among its members, subject to the approval of the Governor. Appointed members shall have the authority to engage in policy planning and implementation on behalf of their agency, department or program. Except for state and public agency representatives, members of the Council may serve no more than two terms of three years each. Public members of the Council shall be entitled to appropriate support and reimbursement of expenses as described in the Act and with available funds received under the Act.

The Agency of Human Services shall serve as the state agency designated to provide support to the Council on behalf of the state. The Council shall periodically review the activities of the designated state agency to assure that it is in compliance with the Act.

This Executive Order supersedes and replaces Executive Order No. 05-94 (codified as No. 3-27), dated April 20, 1994. The Council created by this order, however, shall be a continuation of, and successor to, the Council established by Executive Order No. 05-94. Members of the Council on the effective date of this order shall continue to serve until the expiration of their terms and may be re-appointed unless a public member has served two terms.

This Executive Order shall take effect upon signing and shall be reviewed at least every five years to ensure continuing compliance with the Act as it may from time to time be amended.

Dated August 14, 2007.
3APPENDIX V.S.A. § 9 — VT Code / Title 3APPENDIX / Chapter 15 / Section 9
§ 15-9. Exec. Order No. 15-9 (No. 02-11) [Prevention of Domestic and Sexual Violence Task Force]
Status: in_force

Rescinded and superseded by Executive Order No. 16-11 (codified as Executive Order No. 15-10), dated November 17, 2011.
3APPENDIX V.S.A. § 7 — VT Code / Title 3APPENDIX / Chapter 29 / Section 7
§ 29-7. Exec. Order No. 29-7 (No. 68-82) [Transfer of Land From Agency of Administration, Division of State Buildings, to Agency of Transportation]
Status: in_force

WHEREAS, it appears that for State Highway purposes in connection with Highway Project Burlington M 5000 (1), it is necessary to acquire a certain piece of land located in the City of South Burlington, County of Chittenden and State of Vermont, and presently under the jurisdiction and control of the Agency of Administration, Division of State Buildings;

WHEREAS, the State Transportation Board is charged with and has the responsibility for planning, constructing, and maintaining all such highway;

NOW THEREFORE, I, Richard A. Snelling, by virtue of the power vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Administration, Division of State Buildings, to the jurisdiction and control of the Agency of Transportation for highway purposes the following described land, to wit:

Being part of the same land and premises conveyed to the State of Vermont by General Properties, Inc. by Warranty Deed dated December 27, 1972 and recorded in Book 108, Pages 370-372 of the City of South Burlington Land Records and being more particularly described as follows:

Being Parcel #18 consisting of 0.07 acre, more or less, land and rights therein, as shown on pages 41 and 42 of the plans of Highway Project Burlington M 5000 (1) as filed on the 9th day of August, 1982, in the office of the Clerk of the City of South Burlington and on any revisions thereto subsequently filed therein.

In connection with the above parcel the following easements and/or rights conveyed:

A temporary easement during the period of construction to enter upon land of the Agency of Administration, Division of State Buildings, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brushes, and debris, in an additional area which contains 0.03 acre, more or less, and is located right of and between approximate survey stations 16 + 04 and 18 + 00 of the Ramp “A” centerline of said Highway Project.

In consideration for the above transfer, the Agency of Transportation is hereby ordered and directed to pay to the Agency of Administration, Division of State Buildings, the sum of One and No/100 Dollars ($1.00).

Dated December 22, 1982.
3 V.S.A. § 2807 — VT Code / Title 3 / Chapter 51 / Section 2807
§ 2807. Lands and Facilities Trust Fund
Status: repealed

(a) Legislative purpose. The General Assembly finds and determines:

(1) The public lands, facilities, and recreational assets of Vermont represent both a priceless inheritance from the past and an enduring legacy for future generations.

(2) The lands, facilities, and recreational assets owned or managed by the Department of Forests, Parks and Recreation are held as public assets for the citizens of Vermont, and require proper management to ensure that these natural resources and facilities remain viable and available for this and all future generations.

(b) Definitions. As used in this section:

(1) “Commissioner” means the Commissioner of Forests, Parks and Recreation or the Commissioner's designee.

(2) “Eligible activity” means any activity undertaken, initiated, or supported by the Department of Forests, Parks and Recreation that provides for the management of State lands, facilities, and recreational assets. “Eligible activity” includes: repair and maintenance of State parks; contract surveys and mapping; maintenance of State lands, including boundaries, roads, trails, and facilities; contract inventories of State land natural resources; repair of State-owned dams; repair, replacement, and maintenance of conservation camps; and timber management in accordance with U.S.D.A. silvicultural guidelines. “Eligible activity” does not include the acquisition of land.

(3) “Fund” means the Lands and Facilities Trust Fund.

(c) Creation and use of Fund.

(1) There is established in the State Treasury an income-producing fund to be known as the Lands and Facilities Trust Fund, to be managed by the State Treasurer, and from which expenditures shall be made by the Commissioner in accordance with appropriations by the General Assembly for the benefit of lands, facilities, and recreational assets owned or managed by the Agency. Payments from the Fund may be made to meet costs for eligible activities that are not covered in operating budgets for management of Agency lands, facilities, and recreational assets.

(2) The Fund shall be administered as part of the trust investment account established in 32 V.S.A. § 434. After the first three years of the Fund's existence, on July 1 of each year, the Treasurer shall distribute from the Fund five percent of the moving average of the market value of the Fund over the prior 12 quarters with the approval of the House and Senate. Notwithstanding the foregoing, during the first three years of the Fund's existence, expenditures for immediate needs, not to exceed five percent of the principal, may be authorized by the Commissioner, provided that such expenditures are consistent with the priorities established by the Commissioner, pursuant to this section, and shall be subject to the approval of the General Assembly.

(3) Annual expenditures from the Fund shall be limited to projects approved by the Commissioner and shall be in accordance with appropriations of the General Assembly. Project priorities shall be determined in accordance with criteria established by the Commissioner and shall include consideration of at least the following: cost; availability of funds; condition of the resource, facility, or infrastructure; level of use; level of public need; the stated intent of the donor, when donated property is involved; and the ability to protect or enhance a public investment or public resource.

(4) There shall be deposited in the Fund monies received by the Agency that are related to management of Agency lands, facilities, and recreational assets and that are received from a variety of public and private sources pertinent to the purposes of the Fund, including donations; grants; special use permits; federal funds specifically designated for uses compatible with the intent of the fund; timber sale receipts received after June 30, 2001 from State forestland and all Agency lands otherwise not restricted; and such sums as may be appropriated to the Fund by the General Assembly. The Agency may solicit and accept aid or contributions consistent with the stated intent of the donor and deposited with the State Treasurer. Income earned by the Fund shall be deposited into the Fund, and all balances in the Fund at the end of any fiscal year shall be carried forward and remain part of the Fund.

(d) [Repealed.]
3 V.S.A. § 214 — VT Code / Title 3 / Chapter 9 / Section 214
§ 214. Delegation of authority
Status: in_force

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