3 V.S.A. § 1229 — VT Code / Title 3 / Chapter 31 / Section 1229
§ 1229. Warnings; reprimands; recommended actions; agreements [Effective September 1, 2027]
Status: in_force

(a) Power to issue warnings, reprimands, and recommended actions. The Commission may issue warnings, reprimands, and recommended actions, not inconsistent with the Vermont Constitution and laws of the State, including facilitated mediation, additional training and education, referrals to counseling and wellness support, or other remedial actions.

(b) Factors in determination.

(1) Circumstances of unethical conduct. In this determining, the Commission shall consider the degree of unethical conduct, the timeline over which the unethical conduct occurred and whether the conduct was repeated, and the privacy, rights, and responsibilities of the parties.

(2) Determination based on evidence. The Commission shall render its determination on the allegation on the basis of the evidence in the record before it, regardless of whether the Commission makes its determination on the investigation report of the Executive Director pursuant to section 1227 of this title alone, on evidence and testimony presented in the hearing pursuant to section 1228 of this title, or on its own findings.

(3) Burden of proof. The Commission shall only issue a warning, reprimand, or recommended action if it finds that, by a preponderance of the evidence, the public servant committed unethical conduct.

(c) Determination after hearing.

(1) If a majority of current members of the Commission who have not recused themselves find that the public servant committed unethical conduct as specified in the investigation report the Executive Director pursuant to section 1227 of this title alone, the Commission shall then, in writing or stated in the record, issue a warning, reprimand, or recommended action.

(2) If the Commission does not find that the public servant committed unethical conduct, the Commission shall issue a statement that the allegations were not proved.

(3) When a determination or order is approved for issue by the Commission, the decision or order may be signed by the Chair on behalf of the Commission.

(d) Timeline for determination. The Commission shall make its determination within 30 days after concluding the Commission's last hearing under this section and notify the public servant and any complainant of the Committee's determination. This timeline may be extended by the Commission for good cause or pursuant to an agreement made between the Commission and the public servant.

(e) Referral of unethical conduct. Notwithstanding subsection 1223(c) of this title, the Commission shall notify the Attorney General or the State's Attorney of jurisdiction of any alleged violations of governmental conduct regulated by law or the relevant federal agency of any alleged violations of federal law, if discovered in the course of the Commission's investigations.

(f) Power to enter into resolution agreements.

(1) Notwithstanding any provisions of this chapter to the contrary, the Commission may, by a majority vote of its current members who have not recused themselves, enter into a resolution agreement with a public servant who is the subject of a complaint or investigation.

(2) A resolution agreement shall:

(A) include an agreed course of remedial action to be taken by the public servant;

(B) be in writing; and

(C) be executed by both the public servant and Executive Director.

(3) A resolution agreement may be entered into at any point in time before or during Commission proceedings. Any procedural deadlines described in this chapter or rules adopted pursuant to this chapter shall be paused at the time of execution of the resolution agreement. The Executive Director shall verify compliance with the resolution agreement within three months following execution of the agreement, and if the Executive Director is not satisfied that compliance has been achieved, the Commission may resume its initial proceedings.

(4) The Commission shall create a summary of any resolution agreement. A summary of any resolution agreement shall be a public record subject to public inspection and copying under the Public Records Act. A resolution agreement shall be exempt from public inspection and copying under the Public Records Act and shall be considered confidential.
3 V.S.A. § 4 — VT Code / Title 3 / Chapter 1 / Section 4
§ 4. Correspondence
Status: in_force

(a) The official correspondence of the Governor is the property of the State. Upon retiring from office, he or she shall cause such correspondence and an itemized list thereof to be deposited with the Secretary of State. The Secretary of State shall preserve these records in accordance with professional archival practices recommended by the State Archivist.

(b) In the discretion of the Secretary of State, such correspondence and list, in whole or in part, may be microfilmed or otherwise reformatted in accordance with archival principles. In the discretion of the Secretary of State the originals of those papers that are actually reformatted may be disposed of.
3APPENDIX V.S.A. § 16 — VT Code / Title 3APPENDIX / Chapter 29 / Section 16
§ 29-16. Exec. Order No. 29-16 (No. 54-87) [Transfer of Certain Premises in Town of Alburg From Department of Forests, Parks and Recreation to Department of Fish and Wildlife]
Status: in_force

WHEREAS, it appears that certain premises in the Town of Alburg, County of Grand Isle, State of Vermont, owned by the State of Vermont, hereinafter described and presently under the jurisdiction and control of the Department of Forests, Parks and Recreation has become and is no longer necessary for state forest and park purposes; and

WHEREAS, the hereinafter described premises are more suitable for wildlife management purposes,

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the powers vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Department of Forests, Parks and Recreation to the jurisdiction and control of the Department of Fish and Wildlife for its purposes, the following described premises, to wit:

all that portion of the former Central Vermont Railway, Incorporated property, and all that portion of the former Rutland Railroad Corporation property which lies between the east shore of Lake Champlain at West Alburg, and the New York State border.

The Central Vermont Railway, Incorporated property was conveyed to the State of Vermont by Quitclaim deed dated April 12, 1965, and is recorded in Book 38, page 204 of the Alburg Land Records, the Rutland Railway Corporation property was conveyed to the State of Vermont by Quitclaim deed dated March 3, 1965 and is recorded in Book 38, page 186 of the Alburg Land Records.

Dated December 10, 1987.
3 V.S.A. § 2851 — VT Code / Title 3 / Chapter 51 / Section 2851
§ 2851. Commissioners-Appointment; term
Status: in_force

The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. The term of the commissioner shall be concurrent with that of the Secretary.
3 V.S.A. § 2289 — VT Code / Title 3 / Chapter 45 / Section 2289
§ 2289. Division of Property Valuation and Review
Status: in_force

(a) There is created within the Department of Taxes of the Agency of Administration, a Division of Property Valuation and Review.

(b) In addition to other responsibilities assigned to it by law, the Division shall assist in the administration of property taxation and provide property taxation information to State officials and employees.

(c) The Director of the Division shall be an exempt employee and shall be appointed by the Commissioner of Taxes, with the concurrence of the Secretary of Administration.
3 V.S.A. § 2471a — VT Code / Title 3 / Chapter 47 / Section 2471a
§ 2471a. The Vermont Business Registry
Status: in_force

(a) The Department of Economic Development shall develop and maintain a Vermont Business Registry. The Registry shall develop a comprehensive database of information on Vermont businesses, including information on industrial classification, size (including employment size and annual revenues), ownership characteristics (including type of business entity, gender, race, nationality, incidence of low- and moderate-income ownership, and percent of the ownership with such characteristics), location, and export data. In developing the Registry, the Department shall affirmatively conduct outreach and request, but not require, information from all Vermont businesses.

(b) The Department shall design the Registry so that it is easily accessible to persons seeking information about Vermont businesses and to instrumentalities involved in Vermont's economic development efforts, including the Vermont Economic Development Authority, Job Start, Vermont's financial institutions, the regional development corporations, and the small business development centers. Such instrumentalities may use the Registry to ensure that they are providing a fair share of technical and financial assistance to the Vermont businesses that comprise their target market. Such instrumentalities may use the Registry's demographic information to evaluate the appropriate types and distribution of public and private economic development services to Vermont businesses.
3 V.S.A. § 2222 — VT Code / Title 3 / Chapter 45 / Section 2222
§ 2222. Powers and duties; budget and report
Status: repealed

(a) In addition to the duties expressly set forth elsewhere by law, the Secretary shall:

(1) As principal administrative aide to the Governor, plan, organize, direct, control, integrate, coordinate, and supervise all functions and programs of the Agency and its departments and divisions.

(2) With the approval of the Governor, issue general policy statements and general rules and regulations applicable to the Executive Branch of the State government to implement executive orders or legislative mandate.

(3) Upon request, advise the Governor and the Legislature on all matters relating to general administration.

(4) Have access to and the right to copy any records of all executive and administrative departments, except tax returns, other tax return information, and other information that by law is confidential.

(5) Have access to and the right to inspect all lands, buildings, and installations owned or leased by the State, under such regulations as the Governor may approve.

(6) Be responsible for the internal budgeting, accounting, procurement, filing, and related management functions for the Agency through facilities as the Secretary shall designate or establish, subject to the provisions of this title.

(7) Subject to chapter 13 of this title relating to classification, and other provisions of law, exercise all functions pertaining to appointment, fixing of compensation, transfer, promotion, demotion, suspension, or dismissal of persons to or from offices and positions in the Agency of Administration.

(8) When so requested by the General Assembly, make a biennial report to the General Assembly of all principal matters pertaining to the operation of the Agency of Administration and its departments and divisions.

(9) [Repealed.]

(10) [Repealed.]

(11) Inspect, appraise, and maintain a current appraisal schedule of all State-owned buildings, appendages, and appurtenances thereto based upon replacement value in the first instance and upon depreciated value in the second instance. Appraisals shall be furnished upon request to the Commissioner of Buildings and General Services, departments and agencies concerned, and appropriate committees of the General Assembly.

(b) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. He or she shall prepare and submit to the Governor an annual budget.

(c) The Secretary shall compile, weekly, a list of all public hearings and meetings scheduled by all Executive Branch State agencies, departments, boards, or commissions during the next ensuing week. The list shall be distributed to any person in the State at that person's request. Each Executive Branch State agency, department, board, or commission shall notify the Secretary of all public hearings and meetings to be held and any cancellations of such hearings or meetings.

(d) With the approval of the Governor, or upon his or her request, the Secretary of Administration, or his or her agent, shall undertake a full and complete management audit of the accounts and activities of any State agency, commission, or State-created authority of any kind. Any such agency, commission, or State-created authority shall make available all books, records, accounts, documents, and other material requested by the Secretary of Administration, or his or her agent, for such purpose.

(e) The Secretary of Administration is authorized to arrange staff and technical support for studies or investigative committees appointed by the Governor.

(f) The Secretary of Administration may extend the benefits of the collective bargaining agreement as necessary or appropriate to State employees who are not members of any bargaining unit, and may offer additional benefits the cost of which shall be paid by the employee.

(g) [Repealed.]

(h) Notwithstanding the provisions of chapter 13 of this title, the Secretary of Administration, with the approval of the Governor, may authorize alternative salary compensation plans for managerial employees, either as a whole, or within specific occupations and categories as determined by the Secretary. Such alternative salary provisions may implement provisions for minimum and maximum ranges, promotional rates, and merit pay for performance provisions, pay banding, and other features of compensation determined in the best interests of the State, provided that individual employees may not receive adjustments that exceed the rates of adjustment available to classified employees under the collective bargaining unit.

(i) The Secretary of Administration is authorized to transfer vacant positions throughout the Executive Branch of State government, and to adjust appropriations in the Executive Branch in accordance with the Secretary's Statewide Vacancy Savings Plan that reflects realistic savings due to vacant positions. Such appropriation adjustments shall result in no change to the total statewide legislative appropriations to the Executive Branch. This authority is separate from the Secretary's authority provided in 32 V.S.A. § 706.

(j) Notwithstanding the provisions of 29 V.S.A. § 903(a), the Agency of Administration will administer the Equipment Revolving Fund to be used for internal lease purchase of equipment for State agencies. The Secretary of Administration shall establish criteria for equipment purchased through this Fund, including types of equipment, limiting amounts for specific equipment, and the useful life of the equipment.

(1) Agencies or departments acquiring such equipment shall repay the Fund through their regular operating budgets according to an amortization schedule established by the Commissioner of Finance and Management. Repayment shall include charges for the administrative costs of the purchase and estimated administrative inflation over the term of the payback.

(2) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.

(k) The Secretary of Administration or designee shall review all grants from an agency of the State to a law enforcement agency or constable, and all such grants shall be subject to the approval of the Secretary or designee. The Secretary or designee shall approve the grant only if the law enforcement agency or constable has complied with the race data reporting requirements set forth in 20 V.S.A. § 2366(e) and the death or serious bodily injury reporting requirements set forth in 18 V.S.A. § 7257a(b) within six months prior to the Secretary's or designee's review.
3APPENDIX V.S.A. § 68 — VT Code / Title 3APPENDIX / Chapter 3 / Section 68
§ 3-68. Exec. Order No. 3-68 (No. 06-15) [Transfer of Certain Land and Permanent Easements in the Town of Killington from ANR to VTRANS]
Status: in_force

WHEREAS, the Agency of Transportation (“VTRANS”) needs to construct Transportation Project Killington ER 022-1(27), which involves the replacement of Bridge #118 carrying a state highway known as Vermont Route 100 over Kent Brook, and which affects land under the jurisdiction of the Agency of Natural Resources, Department of Fish and Wildlife, and Department of Forest, Parks, and Recreation (“ANR”); and

WHEREAS, VTRANS and ANR desire to complete the transfer of the necessary land and/or rights and easements from ANR to VTRANS.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to VTRANS jurisdiction and control of land and permanent easements of ANR's described below:

I. Parcel One:

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

1. Warranty Deed of Susan Stodghill to the State of Vermont, dated July 20, 1991, and recorded in Book 124, Pages 149-151; and

2. Guardian's Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated February 8, 1958, and recorded in Book 20, Pages 470-471;

all of the Town of Killington Land Records and being more particularly described as follows:

Being Parcel #1, consisting of 271 square feet, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Killington ER 022-1(27) (“the Transportation Project”) as filed on the 20th day of May, 2015, in the office of the Clerk of the Town of Killington.

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

A temporary easement during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions in an area of 597 square feet, more or less, left of and between approximate stations 103+00.00 and 103+28.60 of the established centerline of the Transportation Project.

A permanent easement to construct and maintain the channel of a certain stream of water, known as the Kent Brook, now running on land of the grantor, including the right to install and maintain stone fill, as well as a temporary easement during the period of construction to enter upon land of the grantor to install erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans, in an area of 507 square feet, more or less, and located left of and between approximate stations 103+00.00 and 103+28.49 of the established centerline of the Transportation Project.

II. Parcel Two:

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

1. Guardian's Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated January 27, 1959, and recorded at Book 21, Pages 46-47; and

2. Guardian's Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated February 8, 1958, and recorded at Book 20, Pages 470-471.

all of the Town of Killington Land Records and being more particularly described as follows:

Being Parcels #2A-B, consisting of 2,055 square feet, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Killington ER 022-1(27) (“the Transportation Project”), as filed on the 20th day of May, 2015, in the office of the Clerk of the Town of Killington.

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

Temporary easements during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions: in an area of 925 square feet, more or less, left of and between approximate stations 103+52 and 104+10; in an area of 832 square feet, more or less, right of and between approximate stations 102+44 and 103+00; and in an area of 686 square feet, more or less, right of and between approximate stations 103+52 and 104+10; all stations are of the established centerline of the Transportation Project.

This Order shall take effect upon signing.

Dated September 16, 2015
3APPENDIX V.S.A. § 7 — VT Code / Title 3APPENDIX / Chapter 13 / Section 7
§ 13-7. Exec. Order No. 13-7 (No. 06-14) [Vermont's Statistical Analysis Center]
Status: in_force

WHEREAS, consistent and available data about the occurrence of crime and the effects of the response to crime is needed by various agencies so that policies can be coordinated and costs can be controlled; and

WHEREAS, state and local government need access to federal resources relating to the administration of criminal and juvenile justice; and

WHEREAS, the U.S. Department of Justice, Bureau of Justice Statistics (“BJS”) provides funds to states' statistical analysis centers to coordinate criminal justice statistical information, to conduct research to assist criminal justice policymakers, and to serve as a liaison between the State and BJS.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby designate the Department of Public Safety as Vermont's statistical analysis center. The Center, directly or through contracted services, shall collect and analyze criminal and juvenile justice data, and produce general information and statistical reports on crime, criminal and juvenile offenders, and the administration of criminal and juvenile justice.

The Center shall be authorized, in accordance with 32 V.S.A. § 5(a), to apply for and to receive federal and other grants and funds as may be available, including funds available from the Bureau of Justice Statistics and from the Bureau of Justice Assistance.

This Executive Order shall take effect upon signing and supersedes and replaces Executive Order 9-10 (codified as 13-5) dated November 3, 2010, on the same subject.

Dated November 4, 2014.
3 V.S.A. § 928 — VT Code / Title 3 / Chapter 27 / Section 928
§ 928. Rules
Status: in_force

(a) The Board, as necessary to carry out the provisions of this chapter, shall adopt and may amend and rescind rules consistent with this chapter.

(b) Notwithstanding the provisions of subsection (a) of this section, rules adopted by the Board as they relate to grievance appeals shall provide:

(1) If a collective bargaining agreement provides that an appeal to the Board will constitute the final step in the grievance procedure, all employees and other persons authorized by this chapter shall have the right to appeal to the Board in accordance with the rules of the Board.

(2) That a reasonable notice be given to the State agency or officer, and State employee, and the representative concerned and to the Commissioner of Human Resources.

(3) That all hearings of the Board shall be public and, unless both parties concerned request that it be formal, hearings shall be informal and not subject to the rules of pleadings, procedure, and evidence of the courts of the State.

(4) That all parties in interest to any appeal shall be entitled to be heard on any matter at issue.

(5) That in appeals from the decisions of the Department of Human Resources or any State agency or officer, the State agency and officer and the State employee shall be parties in interest, and the Commissioner of Human Resources or the collective bargaining representative on motion, may intervene as a party in interest.

(6) That the parties at interest shall have the right to present witnesses, give evidence, and examine witnesses before the Board.

(7)(A)(i) That the name of any grievant whom the Board exonerates of misconduct for which he or she was disciplined shall be redacted from the version of the Board's decision that is posted on the Board's website.

(ii) Nothing in this subdivision (7)(A) shall be construed to require the Board to redact the name of the grievant from any other version of the Board's decision or from any other documents related to the grievance.

(B) Nothing in this subdivision (7) shall be construed to modify an individual's right to privacy pursuant to any law, rule, or policy.
3 V.S.A. § 152 — VT Code / Title 3 / Chapter 7 / Section 152
§ 152. Scope of authority
Status: in_force

The Attorney General may represent the State in all civil and criminal matters as at common law and as allowed by statute. The Attorney General shall also have the same authority throughout the State as a State's Attorney. The Attorney General shall represent members of the General Assembly in all civil matters arising from or relating to the performance of legislative duties.
3APPENDIX V.S.A. § 12 — VT Code / Title 3APPENDIX / Chapter 10 / Section 12
§ 10-12. Exec. Order No. 10-12 (No. 84-90) [Designation of Department of Environmental Conservation and Department of Housing and Community Affairs as Agencies To Administer 10 @ Chapter 153]
Status: in_force

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.
3 V.S.A. § 635 — VT Code / Title 3 / Chapter 21 / Section 635
§ 635. Coverage; beneficiaries of deceased retirees
Status: in_force

(a) The surviving spouse of a retired employee who elected option 3 or option 4 under section 468 of this title shall be eligible to participate in the group health insurance program provided in this chapter. Premiums shall be paid at the full actuarial rate by the eligible spouse with no contribution from the State, except as specified in subsection (b) of this section and subsection 479(e) of this title, and shall be deducted from the eligible spouse's retirement check.

(b) Premiums paid by the surviving spouse of a retired employee who retired due to disability after January 1, 1998 and died prior to age 65, and the surviving dependents of an employee who died in service after January 1, 1998 who are eligible for continued medical benefits pursuant to sections 464 and 465 of this title and subsection (a) of this section, shall be prorated on the same basis as is provided for active employees by the current collective bargaining agreement for the nonmanagement unit. The covered survivors may continue coverage subject to the rules of the medical plan, by paying this prorated share, until the survivor becomes eligible for coverage under another group medical plan, or another plan offered by the State or federal government becomes eligible for Medicare or adds a spouse to the coverage. If the survivor becomes eligible for coverage under another group medical plan, coverage shall terminate. If the surviving spouse becomes eligible for Medicare or adds a spouse to the coverage, he or she may continue coverage by paying the full actuarial rate with no contribution from the State, in the same manner as surviving spouses of nondisability retirees pursuant to subsection (a) of this section.

(c)(1) Notwithstanding any other provision of this chapter concerning eligibility for health insurance, the surviving spouse and surviving dependents of an active State employee who dies prior to retirement shall be entitled to continue group health insurance coverage if the Board of Trustees of the Vermont State Employees' Retirement System finds on the basis of such evidence as may come before it that:

(A) the employee died as a result of the willful or reckless act of a third party that was motivated by the employee's status as a governmental employee or by the employee's performance of official duties;

(B) the employee was participating in either the Vermont State Employees' Retirement System or the State of Vermont Defined Contribution Retirement Plan at the time of the employee's death; and

(C) the surviving spouse or surviving dependents were covered by the State group health insurance plan at the time of the employee's death.

(2) The terms of continuing coverage, including the calculation of premiums to be paid by the surviving spouse and surviving dependents and the termination of coverage, shall be in accordance with the provisions of subsection (b) of this section; provided, however, that eligibility for a dependent child shall terminate when the child has attained 18 years of age, or 23 years of age in the case of a dependent student, or such later age as may be required by federal law.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 21 / Section 5
§ 21-5. Exec. Order No. 21-5 (No. 06-95) [Child Care Partnership Committee]
Status: in_force

WHEREAS, the Governor's Partnership in Child Care Committee has worked diligently to carry out its mandate since its inception in 1988; and

WHEREAS, the Governor's Partnership in Child Care Committee has succeeded in identifying and promoting its specific goals of increasing public awareness and improving training and advocacy as a means of promoting high quality child care through partnership between the state, community and private sector; and

WHEREAS, the work of the Governor's Partnership in Child Care Committee has moved in a new direction which now can be accomplished outside of the framework of government.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby revoke and rescind Executive Order #59-88 dated April 8, 1988.

This Executive Order shall take effect upon signing.

Dated September 11, 1995.
3APPENDIX V.S.A. § 9 — VT Code / Title 3APPENDIX / Chapter 10 / Section 9
§ 10-9. Exec. Order No. 10-9 (No. 53-87) [Designation of University of Vermont as Leading Institution for Providing Research and Development Services to Business Community]
Status: in_force

WHEREAS, the delivery of applied research and development services to the business community by post secondary institutions will enhance Vermont's business climate; and

WHEREAS, the University of Vermont is the only institution in Vermont with the “critical mass” to assist economic development activities effectively through basic research and applied research and development; and

WHEREAS, the University of Vermont has shown initiative in launching several major activities to respond to the research and development needs of the business community; and

WHEREAS, the University has demonstrated its research ability in the liberal arts and sciences; in agriculture, life sciences and natural resources; in education and social services; in engineering, math and business administration; and in medicine, nursing and allied health sciences,

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby direct that the University of Vermont be designated the lead research institution facilitating a consortium of other state-supported and independent colleges and universities to provide a comprehensive system of research and development services.

Dated December 8, 1987.
3 V.S.A. § 2877 — VT Code / Title 3 / Chapter 51 / Section 2877
§ 2877. Planning Division
Status: repealed

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

(b) The Planning Division shall be responsible for:

(1) centralized strategic planning for all components of the Agency;

(2) coordination of professional and technical planning of the line components of the Agency, aiming towards maximum service to the public;

(3) coordinating activities and plans of the Agency with other major agencies and the Governor's office;

(4) preparing multi-year plans and long-range plans and programs to meet problems and opportunities for service to the public; and

(5) other planning functions assigned to it by the Secretary.

(c) [Repealed.]
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 5 / Section 3
§ 5-3. Exec. Order No. 5-3 (No. 08-01) [Reestablishment of the Vermont Rail Council]
Status: in_force

Superseded by Executive Order No. 13-03 (codified as Executive Order No. 5-6), dated August 5, 2003.
3 V.S.A. § 604 — VT Code / Title 3 / Chapter 20 / Section 604
§ 604. Investment of funds in the Trust
Status: in_force

The Treasurer shall invest the amounts on deposit in the Trust in a manner reasonable and appropriate to achieve the objectives of the Trust, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The Treasurer shall give due consideration to the rate of return, risk, term or maturity, and liquidity of any investment; diversification of the total portfolio of investments within the Trust; projected disbursements and expenditures; and the expected payments, deposits, contributions, and gifts to be received. The Treasurer shall not invest directly in obligations of the State or any political subdivision of the State or in any investment or other fund administered by the Treasurer. The assets of the Trust shall be continuously invested and reinvested in a manner consistent with the objectives of the Trust until disbursed for eligible expenditures or expended on expenses incurred by the operations of the Trust.
3 V.S.A. § 533 — VT Code / Title 3 / Chapter 18 / Section 533
§ 533. Duties of the State Treasurer
Status: in_force

In carrying out the purposes of this chapter, the Treasurer:

(1) May adopt such rules, pursuant to the Vermont Administrative Procedure Act, as the Treasurer determines to be necessary or advisable for the implementation and general administration and operation of the Program, including rules governing:

(A) the distribution of funds from the Program and promoting portability of benefits, including the ability to make tax-free rollovers or transfers from IRAs under the Program to other IRAs or to tax-qualified plans that accept such rollovers or transfers; and

(B) that each participant's initial contributions, up to a specified dollar amount or for a specified period of time, are required to be invested in a principal preservation investment or must be defaulted into such an investment, unless the participant affirmatively opts for a different investment for those contributions.

(2) May make and enter into contracts, agreements, memoranda of understanding, arrangements, partnerships, or other arrangements to collaborate, cooperate, coordinate, contract, or combine resources, investments, or administrative functions with other governmental entities, including states or their agencies or instrumentalities that maintain or are establishing retirement savings programs compatible with the Program, including collective, common, or pooled investments with other funds of other states' programs with which the assets of the Program and Trust are permitted by law to be collectively invested, to the extent necessary or desirable for the effective and efficient design, administration, and implementation of the Program. The Treasurer is authorized to use sole source or simplified bid processes as may be consistent with the purposes of this chapter.

(3) May contract with financial institutions, a trustee, a record keeper, investment managers, investment advisors, other administrative, professional and expert advisors and service providers or other organizations offering or servicing retirement programs.

(4) Shall establish criteria and guidelines for the Program to offer qualified retirement investment choices.

(5) Shall cause the Program and accounts established under the Program to be designed, established, invested, and operated in accordance with best practices for retirement savings accounts and to avoid preemption of the Program by federal law.

(6) May apply for and accept any grants, gifts, legislative appropriations, loans, and other funds from the State, any unit of federal, state, or local government or any other person, firm, or entity to defray Program costs.

(7) Shall evaluate the need for, and procure if necessary, insurance against any loss in connection with the property, assets, or activities of the Program as well as establish procedures for abandoned accounts pursuant to 27 V.S.A. chapter 13.

(8) Shall enter into agreement with the Vermont Department of Taxes to:

(A) facilitate the checking of Program eligibility for employers and employees; and

(B) pursuant to 32 V.S.A. § 3102(e), share tax return information sufficient to verify wages to determine the ability of an individual to be covered by the Program.

(9) May enter into an intergovernmental agreement or memorandum of understanding with any agency or instrumentality of the State to receive outreach, technical assistance, enforcement, and compliance services; collection or dissemination of information pertinent to the Program, subject to such obligations of confidentiality as may be agreed to or required by law; or other services or assistance. The State and any agencies or instrumentalities of the State that enter into such agreements or memoranda of understanding shall collaborate to provide the outreach, assistance, information, and compliance or other services or assistance to the Program. The agreements or memoranda of understanding may cover the sharing of costs incurred in gathering and disseminating information and the reimbursement of costs for any enforcement activities or assistance.

(10) Discharge the Treasurer's duties as fiduciary with respect to the Program solely in the interest of the Participants as follows: for the exclusive purpose of providing benefits to Participants and defraying reasonable expenses of administering the Program and with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 3 / Section 4
§ 3-4. Exec. Order No. 3-4 (No. 21-78) [Transfer of Utility Driver Position From Agency of Human Services to Purchasing Division, Agency of Administration]
Status: in_force

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.
3APPENDIX V.S.A. § 11 — VT Code / Title 3APPENDIX / Chapter 18 / Section 11
§ 18-11. Exec. Order No. 18-11 (No. 13-98) [Commission on Public Health Care Values and Priorities]
Status: in_force

Superseded by Executive Order No. 02-01, effective January 23, 2001.
3APPENDIX V.S.A. § 24 — VT Code / Title 3APPENDIX / Chapter 33 / Section 24
§ 33-24. Exec. Order No. 33-24 (No. 03-12) [Vermont Council on Homelessness]
Status: in_force

Superseded and replaced by Executive Order No. 33-27 (codified as Executive Order No. 01-23), dated May 10, 2023.
3 V.S.A. § 3904 — VT Code / Title 3 / Chapter 59 / Section 3904
§ 3904. Community Services Agency Plan
Status: in_force

Each designated community services agency shall determine the need for activities and services within the area served by the agency and shall thereafter prepare a community services plan that describes the method by which the agency will provide those services. The plan shall include a schedule for the anticipated provision of new or additional services and shall specify the resources that are needed by and available to the agency to implement the plan. The community services plan shall be updated annually.
3APPENDIX V.S.A. § 49 — VT Code / Title 3APPENDIX / Chapter 20 / Section 49
§ 20-49. Exec. Order No. 20-49 (No. 05-13) [Public Safety Broadband Network Commission]
Status: in_force

Superseded and replaced by Executive Order No. 20-57 (codified as Executive Order No. 05-19), dated July 9, 2019.
3 V.S.A. § 800 — VT Code / Title 3 / Chapter 25 / Section 800
§ 800. Purpose
Status: in_force

The General Assembly intends that:

(1) Agencies maximize the involvement of the public in the development of rules.

(2) Agency inclusion of public participation in the rulemaking process should be consistent.

(3) Agencies write rules so that they are clear and accessible to the public.

(4) When an agency adopts rules, it subjects the rules to thorough regulatory analysis.

(5) The General Assembly should articulate, as clearly as possible, the intent of any legislation that delegates rulemaking authority.

(6) When an agency adopts policy, procedures, or guidance, it shall not do so to supplant or avoid the adoption of rules.
3 V.S.A. § 102 — VT Code / Title 3 / Chapter 5 / Section 102
§ 102. Seal
Status: in_force

The Secretary shall have a seal of office, with the same device as the State Seal, and around the Seal the words: SECRETARY OF STATE. VERMONT. Full faith and credit shall be given to certified copies and attestations under his or her Seal.
3 V.S.A. § 162a — VT Code / Title 3 / Chapter 7 / Section 162a
§ 162a. Definitions
Status: in_force

As used in this subchapter:

(1) “Child” has the same meaning as in 33 V.S.A. § 5102(2).

(2) “Community referral” means a referral of an individual to a community-based restorative justice provider that does not involve criminal offenses or delinquencies for which probable cause exists.

(3) “Criminal justice purposes” has the same meaning as in 20 V.S.A. § 2056a(a)(3).

(4) “Pre-charge diversion” means a referral of an individual to a community-based restorative justice provider by a law enforcement officer or prosecutor after the referring officer or prosecutor has determined that probable cause exists that the individual has committed a criminal offense and before the individual is criminally charged with the offense or before a petition is filed in family court for the offense. Pre-charge diversion shall not be construed to include a community referral.

(5) “Youth” has the same meaning as in 33 V.S.A. § 5102(29).
3 V.S.A. § 982 — VT Code / Title 3 / Chapter 27 / Section 982
§ 982. Agreements; limitations, renegotiation, and renewal
Status: in_force

(a) Collective bargaining agreements, except those affecting the Vermont State Colleges and the University of Vermont, shall be for a maximum term of two years and shall not be subject to cancellation or renegotiation during the term except with the mutual consent in writing of both parties, which consent shall be filed with the Board. Upon the filing of such consent, an agreement may be supplemented, cancelled, or renegotiated.

(b) Nothing in this chapter shall be construed to require either party during collective bargaining to accede to any proposal or proposals of the other party.

(c)(1) Except in the case of the Vermont State Colleges or the University of Vermont, agreements between the State and certified bargaining units that are not arrived at under the provisions of subsection 925(i) of this title shall, after ratification by the appropriate unit memberships, be submitted to the Governor who shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.

(2)(A) Agreements between the Department of State's Attorneys and Sheriffs and the certified bargaining units that are not arrived at under the provisions of subsection 925(i) of this title shall, after ratification by the appropriate unit memberships, be submitted to the Governor and the General Assembly.

(B) The Executive Director of the Department of State's Attorneys and Sheriffs shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.

(d) When the parties are unable to reach agreement on a collective bargaining agreement, and the Vermont Labor Relations Board recommends an agreement in accordance with subsection 925(k) of this title, the Board shall determine the cost of the agreement selected and request the General Assembly to appropriate the amount determined to be necessary to implement the selected agreement. If the General Assembly chooses to appropriate sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates less than the amount requested, the terms of the agreement affected by the lesser appropriation shall be renegotiated based on the amount of the funds actually appropriated, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.

(e) No portions of any agreement shall become effective separately except with mutual consent of both parties.

(f) Such an agreement shall terminate at the expiration of its specified term. Negotiations for a new agreement to take effect upon the expiration of the preceding agreement shall be commenced at any time within one year next preceding the expiration date upon the request of either party and may be commenced at any time previous thereto with the consent of both parties.

(g) In the event the State of Vermont, the Department of State's Attorneys and Sheriffs, the University of Vermont, and the Vermont State Colleges as employer and the collective bargaining unit are unable to arrive at an agreement and there is not an existing agreement in effect, the existing contract shall remain in force until a new contract is ratified by the parties. However, nothing in this subsection shall prohibit the parties from agreeing to a modification of certain provisions of the existing contract that, as amended, shall remain in effect until a new contract is ratified by the parties.

(h) The Board is authorized to enforce compliance with all provisions of a collective bargaining agreement upon complaint of either party. In the event a complaint is made by either party to an agreement, the Board shall proceed in the manner prescribed in section 965 of this title relating to the prevention of unfair labor practices.
3 V.S.A. § 456 — VT Code / Title 3 / Chapter 16 / Section 456
§ 456. Name and date of establishment
Status: in_force

The date of establishment of the Retirement System shall be July 1, 1972. The System shall be known as the “Vermont State Retirement System,” and by such name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received.
3APPENDIX V.S.A. § 43 — VT Code / Title 3APPENDIX / Chapter 10 / Section 43
§ 10-43. Exec. Order No. 10-43 (No. 13-17) [Interagency Committee on Chemical Management]
Status: in_force

Superseded and replaced by Executive Order No. 10-46 (codified as Executive Order No. 02-19) dated March 11, 2019.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 5 / Section 4
§ 5-4. Exec. Order No. 5-4 (No. 11-03) [Vermont Aviation Advisory Council]
Status: in_force

WHEREAS, the State of Vermont has substantial public investment in its airports and air navigation system; and

WHEREAS, maintenance and modernization of this infrastructure continues to impose significant demands on the limited federal, state, local, and private funds available; and

WHEREAS, making sound decisions regarding investment in Vermont's aviation infrastructure requires coordination among all parties with a stake in aviation; and

WHEREAS, the quality of decision making can be enhanced by providing a forum to bring together input and insight from a broad spectrum of the aviation community, as well as from the consumers of aviation services;

NOW, THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested in me as Governor, do hereby establish a Vermont Aviation Advisory Council and designate its membership and duties as follows:

1. The Council shall be composed of not more than 15 persons appointed by the Governor, plus the Vermont Secretary of Transportation or designee, who shall serve as Chair. Members may include representatives of general aviation, regional chambers of commerce, regional planning commissions, municipal airports, the House and Senate transportation committees, airport users, and private airports. To the extent that funds permit, members shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010. The Council is authorized to obtain administrative assistance from the Vermont Agency of Transportation, and the Secretary of Transportation is directed to provide such assistance as required. The council may have additional members, to be appointed by the Secretary of Transportation subject to the Governor's approval, who shall not vote or receive expense reimbursement or per diem but who may otherwise participate in Council business and assist in the Council's efforts.

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

3. The Council is charged with the following responsibilities:

A. Recommending an aviation policy for Vermont;

B. Recommending an investment program for Vermont airports;

C. Recommending airport classifications;

D. Recommending air project priorities;

E. Recommending actions to enhance the linkage between Vermont's aviation industry and the State's economic vitality;

F. Serving as a forum for aviation-related issues, including policy makers, aviation industry representatives, airport users, and others; and

G. Encouraging cooperative relationships between the Agency of Transportation and airport business operators.

4. The terms of the members of the Council, other than the term of the Vermont Secretary of Transportation, shall be as follows: initially, not more than seven members appointed for one year and not more than eight members appointed for two years; all subsequent appointments (except those to the unexpired term of a former member) shall be for a period of two years.

This Executive Order shall take effect upon execution.

Dated August 5, 2003.
3APPENDIX V.S.A. § 22 — VT Code / Title 3APPENDIX / Chapter 29 / Section 22
§ 29-22. Exec. Order No. 29-22 (No. 07-91) [Transfer of Certain Land in Town of Alburg from Agency of Transportation to Agency of Natural Resources, Department of Fish and Wildlife]
Status: in_force

WHEREAS, it appears that certain land hereinafter described and located in the Town of Alburg, County of Grand Isle, State of Vermont and presently under the jurisdiction and control of the Agency of Transportation, is no longer necessary for Agency of Transportation purposes; and

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

NOW, THEREFORE, I, 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 Transportation to the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife for the aforesaid purpose the following described land, to wit:

Beginning at a point in U.S Route 2, 44.0′ more or less left of and at right angles to the established centerline at approximate survey station 77 + 00, as shown on Project BRF 028-1(11) Fishing Access Plan; thence easterly and parallel to said center line 675′ more or less to a point, said point being 44.0′ left of and at right angles to approximate survey station 83 + 75 of said Project. Meaning to transfer all of the lands lying north of the above described line consisting of the Fishing Access Area as it presently exists and encompassing 1.77 acres, more or less. A plat depicting the above described parcel is attached hereto and made a part thereof.

Being part of the land and premises conveyed to the State of Vermont by Quit-Claim Deed from the Lake Champlain Bridge Commission on September 16, 1987, and recorded in the Town of Alburg Land Records on November 13, 1987 in Book 57, Pages 137-140.

This Executive Order takes effect upon signing.

Dated June 7, 1991.
3APPENDIX V.S.A. § 38 — VT Code / Title 3APPENDIX / Chapter 20 / Section 38
§ 20-38. Exec. Order No. 20-38 (No. 03-11) [Declaration of Emergency]
Status: in_force

Pursuant to the authority vested in me as Governor of Vermont under 20 V.S.A. Section 9, and as a result of excessive wind and rainfall combined with water runoff and resulting damages which occurred beginning April 23, 2011 and considered ongoing at this time, I hereby declare a State of Emergency for the State of Vermont.

I further order and direct the activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to alleviate hardship and suffering of citizens and communities impacted by the emergency event.

This Executive Order shall take effect upon signing.

Dated May 5, 2011.

ADDENDUM TO EXECUTIVE ORDER No. 03-11

Pursuant to 20 V.S.A. § 13, I, Peter Shumlin, hereby proclaim that the state of emergency declared in Executive Order #03-11, dated May 5, 2011, has terminated effective June 6, 2011 at 11:59 PM.

Dated June 8, 2011.
3 V.S.A. § 2102 — VT Code / Title 3 / Chapter 43 / Section 2102
§ 2102. Powers and duties
Status: in_force

(a) The Governor's Cabinet shall adopt and implement a program of continuing coordination and improvement of the activities carried on at all levels of State and local government.

(b) The Cabinet shall work collaboratively with the Executive Director of Racial Equity and shall provide the Director with access to all relevant records and information as permitted by law.
3APPENDIX V.S.A. § 10 — VT Code / Title 3APPENDIX / Chapter 29 / Section 10
§ 29-10. Exec. Order No. 29-10 (No. 73-83) [Transfer of Land in Town of Marshfield From Agency of Environmental Conservation, Fish and Game Department, to Agency of Transportation]
Status: in_force

WHEREAS, it appears that for State Highway purposes in connection with Highway Project Marshfield BRZ 1446 (10), it is necessary to acquire a certain piece of land located in the Town of Marshfield, County of Washington, and State of Vermont and presently under the jurisdiction and control of the Agency of Environmental Conservation, Fish and Game Department;

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

NOW THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Environmental Conservation, Fish and Game Department, 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 Agency of Environmental Conservation, Fish and Game Department by Norman C. Dix and Sally M. Dix by Warranty Deed dated June 21, 1976 and recorded in Book 31, Page 307 of the Town of Marshfield Land Records, and being more particularly described as follows:

Being Parcel #2 consisting of 0.24 acre, more or less, land and rights therein, as shown on page 4 of the plans of Highway Project Marshfield BRZ 1446 (10) as filed on the 8th day of March, 1983, in the office of the Clerk of the Town of Marshfield.

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

A temporary easement during the period of construction to enter upon land of the Grantor herein, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, in an area which contains 0.11 acre, more or less, and is located left of and between approximate survey stations 20 + 82 of the established centerline and 23 + 23 of the revised centerline of said Highway Project.

An easement in an area of 0.01 acre, more or less, to change and maintain, if necessary, the channel of a certain stream of water known locally as Winooski River now running on lands of the Agency of Environmental Conservation, Fish and Game Department, left of and between approximate survey stations 21 + 13 and 21 + 35 of the established centerline of said Highway Project.

An easement to construct and maintain a drainage ditch located between approximate survey stations 21 + 19 and 21 + 39 of the established centerline of said Highway Project and thereby the right to discharge water through said drainage ditch onto the lands of the Agency of Environmental Conservation, Fish and Game Department.

A temporary easement during the period of construction to enter upon land of the Grantor herein to construct a drive between a point left of approximate survey station 21 + 32 of the established centerline and a point left of approximate survey station 23 + 05 of the revised centerline of said Highway Project.

An easement to extend highway slopes and embankments in a total area of 0.02 acre, more or less, as shown on page 4 of the plans of said Highway Project.

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

Dated June 10, 1983.
3 V.S.A. § 2840 — VT Code / Title 3 / Chapter 51 / Section 2840
§ 2840. Wind energy generation; State lands
Status: in_force

(a) Wind energy generation facilities can provide an important combination of environmental, energy, and economic benefits to the State. Given these benefits, and the fact that the State has allowed other types of facilities to be sited on State lands, it is reasonable to site wind energy generation facilities on State lands, including wind energy generation facilities that are of commercial scale, if such siting does not directly conflict with a specific restriction in federal or State law or with a specific restriction or covenant contained in a conveyance of an interest in the property to the State or one of its agencies or departments, and if sites for wind energy on State lands are chosen and developed in a manner that maximizes energy production and minimizes environmental and aesthetic impacts.

(b) The existing policy of the Agency, entitled “Wind Energy and Other Renewable Energy Development on ANR Lands” (Dec. 2004) (the existing policy) shall not bar the Agency from considering any proposal to construct a meteorological station or wind energy generation facility, including a wind energy generation facility of commercial scale, on lands that the Agency owns or controls. If the Agency receives such a proposal, the Agency shall review the proposal within a reasonably prompt period and provide the entity making the proposal with information regarding the feasibility of and potential constraints that may apply to the proposal. The Agency also shall consider the potential costs and benefits of the proposal to the State of Vermont, including any benefits or impacts that would be derived from leasing State lands to the entity making the proposal.

(c) On receipt of significant new information on the existing policy or on wind energy generation on State lands, the Agency shall undertake a review of that policy and determine if a change in the policy is warranted. During that review, the Agency shall solicit the comments and recommendations of wind energy developers, renewable energy organizations, and other potentially affected entities.

(d) No later than February 15, 2010, the Agency shall report to the House and Senate Natural Resources and Energy Committees on at least each of the following:

(1) The Agency shall identify whether significant new information on the existing policy or on wind energy generation on State lands was received by the Agency after April 2, 2009.

(2) The Agency shall state whether, after April 2, 2009, it undertook a review of the existing policy.

(3) If the Agency undertook a review of the existing policy after April 2, 2009, the Agency shall summarize each conclusion reached by the Agency as a result of that review and the reasons for each such conclusion.

(4) The Agency shall state whether, after April 2, 2009, it made any changes in the existing policy and summarize each such change.

(5) The Agency shall state whether it has received any proposals for construction and operation of meteorological stations or wind energy generation facilities on State lands.

(6) If the Agency received any proposals for construction and operation of meteorological stations or wind energy generation facilities on State lands, the Agency shall provide a summary of each such proposal and the Agency's response to each such proposal.
3 V.S.A. § 975 — VT Code / Title 3 / Chapter 27 / Section 975
§ 975. Enforcement and preemption
Status: in_force

(a) Nothing in this subchapter shall be deemed to diminish the rights, privileges, or remedies of a State employee under other federal or State law or under any collective bargaining agreement or employment contract, except the limitation on multiple actions as set forth in this section.

(b) A State employee who files a claim of retaliation for protected activity with the Vermont Labor Relations Board or through binding arbitration under a grievance procedure or similar process available to the employee may not bring such a claim in Superior Court.

(c) A State employee who files a claim under this subchapter in Superior Court may not bring a claim of retaliation for protected activity under a grievance procedure or similar process available to the employee.
3 V.S.A. § 942 — VT Code / Title 3 / Chapter 27 / Section 942
§ 942. Election conduct
Status: in_force

Any interested person may file with the Board a charge that employees eligible to vote in an election under this chapter have been coerced or restrained in the exercise of this right. The Board shall investigate and conduct hearings into the validity of the charge. If, upon the basis of its findings, the Board concludes that employees eligible to vote in the election were so coerced or restrained, the Board may set aside such election and order another election under the provisions of this subchapter. No election shall be set aside unless the Board finds such coercion or restraint.
3 V.S.A. § 3303 — VT Code / Title 3 / Chapter 56 / Section 3303
§ 3303. Reporting, records, and review requirements
Status: in_force

(a) Annual report and budget. The Secretary shall submit to the House Committee on Energy and Digital Infrastructure and the Senate Committee on Institutions, concurrent with the Governor's annual budget request required under 32 V.S.A. § 306, an annual report for information technology and cybersecurity. The report shall reflect the priorities of the Agency and shall include:

(1) performance metrics and trends, including baseline and annual measurements, for each division of the Agency;

(2) a financial report of revenues and expenditures to date for the current fiscal year;

(3) costs avoided or saved as a result of technology optimization for the previous fiscal year;

(4) a summary of each active information technology project managed by the Agency's Enterprise Project Management Office, including each project's:

(A) scope;

(B) budget;

(C) timeline; and

(D) status, which includes:

(i) project closure details;

(ii) project changes over time; and

(iii) other indicators of the project being on time and on budget;

(5) an annual update to the strategic plan prepared pursuant to subsection (c) of this section;

(6) a summary of independent reviews as required by subsection (d) of this section, including any uses of the waiver authority by the Chief Information Officer pursuant to subdivision (d)(3) of this section;

(7) the Agency budget submission;

(8) an annual update to the inventory required by section 3305 of this title; and

(9) a report on the expenditures of the Technology Modernization Special Fund, a list of projects receiving funding from the Fund in the prior fiscal year, and a list of prioritized recommendations for projects to be funded from the Fund in the next fiscal year.

(b) Records. The Agency shall maintain the following records for information technology projects managed by the Agency's Enterprise Project Management Office:

(1) A business case, including staffing costs, when available to and provided by the State government business partner, life-cycle costs, and sources of funds for design, development, and implementation, as well as maintenance and operations. The business case shall include expected benefits, including cost savings and service delivery improvements.

(2) Detailed project plans and status reports, including risk identification and risk mitigation plans.

(c) Strategic plan. The Secretary shall prepare and submit a strategic plan for information technology and cybersecurity, concurrent with the Governor's annual budget request required under 32 V.S.A. § 306. The strategic plan shall include:

(1) the Agency's vision, mission, objectives, strategies, and overarching action plans for information technology within State government; and

(2) an update on the information technology goals for State government for the following fiscal year.

(d) Independent expert review.

(1) The Agency shall obtain independent expert review of any new information technology projects with a total cost of $1,000,000.00 or greater or when required by the Chief Information Officer.

(2) The independent review shall include:

(A) an acquisition cost assessment;

(B) a technology architecture and standards review;

(C) an implementation plan assessment;

(D) a cost analysis and a model for benefit analysis;

(E) an analysis of alternatives;

(F) an impact analysis on net operating costs for the agency carrying out the activity; and

(G) a security assessment.

(3) The requirement to obtain independent expert review described in subdivision (1) of this subsection may be waived by the Chief Information Officer if, in the Chief Information Officer's judgment, such a review would be duplicative of one or more reviews that have been, or will be, conducted under a separate federal or State requirement. If waived, such waiver shall be in writing and in accordance with procedures established by the Chief Information Officer.

(e) Current projects inventory. The Agency shall maintain a project inventory on its publicly accessible website that displays the status of all current information technology projects managed by the Agency's Enterprise Project Management Office. The inventory shall be updated at least monthly and include the:

(1) State government business partner for each project;

(2) name of each project;

(3) start date of each project;

(4) estimated date of completion at the start of the implementation phase of each project along with an indicator as to whether the project is on time;

(5) estimated project cost at the start of the implementation phase of each project along with an indicator as to whether the project is on budget;

(6) current estimated date of completion of each project; and

(7) current estimated cost of each project.
3 V.S.A. § 2801 — VT Code / Title 3 / Chapter 51 / Section 2801
§ 2801. Definitions
Status: in_force

In this chapter, the following words mean:

(1) Agency: The Agency of Natural Resources.

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

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

(4) Division: A major component of a department or a technical or administrative support component of the Agency.

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

(6) Secretary: The head of the Agency, a member of the Governor's Cabinet and responsible to the Governor for the administration of the Agency.
3 V.S.A. § 116a — VT Code / Title 3 / Chapter 5 / Section 116a
§ 116a. State boards and commissions registry
Status: in_force

(a)(1) The Vermont State Archives and Records Administration shall maintain and make available on its website a registry of State boards and commissions and shall update that registry when changes are made that affect the information provided in the registry.

(2)(A) The registry shall include the names of the members of each State board and commission, their term length and expiration, and their appointing authority.

(B) Each State board and commission shall be responsible for providing to the Vermont State Archives and Records Administration this registry information and any updates to it in a manner prescribed by the State Archivist.

(3) The registry shall track the dates of the initial creation of State boards and commissions created by State law and of any amendments to those laws for the purpose of the intended five-year expiration of those State boards and commissions described in subsection (b) of this section.

(b)(1) It is the intent of the General Assembly that, except for State boards and commissions required by interstate compact and except as otherwise provided by law, a State board or commission created by State law shall cease to exist after five years from the date of its initial creation, five years from the last date that the statutory or session law containing the State board or commission was amended, or on January 1, 2025, whichever date is latest.

(2)(A) In each biennial session beginning in the year 2025, the Office of Legislative Counsel, in consultation with the Vermont State Archives and Records Administration and based on the registry's date tracking described in subdivision (a)(3) of this section, shall prepare for the General Assembly's review a list of the State boards and commissions subject to expiration under this subsection.

(B) A State board or commission shall only expire pursuant to legislative enactment.

(c) As used in this section, “State board or commission” means a professional or occupational licensing board or commission, advisory board or commission, appeals board, promotional board, interstate board, supervisory board or council, or any other similar entity that:

(1) is created by State law;

(2) is established as or is attached to an Executive Branch entity;

(3) has statewide jurisdiction or carries out a State function; and

(4) is not composed of members appointed exclusively by regional, county, or municipal entities.
3 V.S.A. § 2873 — VT Code / Title 3 / Chapter 51 / Section 2873
§ 2873. Department of Environmental Conservation
Status: repealed

(a) The Department of Environmental Conservation is created within the Agency of Natural Resources. The Department is the successor to and continuation of the Department of Water Resources and Environmental Engineering and shall administer the Water Resources Programs contained in Title 10, air pollution control and abatement as provided in 10 V.S.A. chapter 23, and waste disposal as provided in 10 V.S.A. chapter 159.

(b) The Department may perform design and construction supervision services for major maintenance and capital construction projects for the Agency and all of its components.

(c) [Repealed.]

(d) Nothing in this section shall prevent the Commissioner of Public Safety from exercising the Commissioner's authority to regulate public buildings.

(e), (f) [Repealed.]

(g) There is created within the Department of Environmental Conservation the Small Business Technical and Environmental Compliance Assistance Program. This Program shall include each element specified in section 507(a) of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and shall also be authorized to assist small businesses in similar fashion with regard to their obligations under all other environmental legislation administered by the Department.

(h) [Repealed.]
3APPENDIX V.S.A. § 20 — VT Code / Title 3APPENDIX / Chapter 29 / Section 20
§ 29-20. Exec. Order No. 29-20 (No. 72A-89) [Transfer Certain Permanent Easements in Town of Berlin from Board of Armory Commissioners to Agency of Transportation]
Status: in_force

WHEREAS, it appears that certain permanent easements hereinafter described and located in the Town of Berlin, County of Washington, and State of Vermont are presently under the jurisdiction and control of the Board of Armory Commissioners of the State of Vermont, and

WHEREAS, the Agency of Transportation desires the use of said permanent easements 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 permanent easements of the Board of Armory Commissioners for its purposes, and being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by the City of Montpelier by Warranty Deed dated December 10, 1964 and recorded in Book 36, Page 59 of the Town of Berlin Land Records; said land being designated as Parcel #11 as shown on Pages 4 and 5 of the plans of Highway Project Berlin M 6200 (1)S, Section I and as Parcel #104 as shown on Pages 5, 7, and 8 of the plans of Highway Project Berlin M 6200 (1)S, Section II, and which plats are so designated and which are attached hereto and made a part hereof, and with reference to said plats being more particularly described as follows:

Parcel #11:

An easement for constructing, maintaining and servicing a highway, in an area of 0.01 acre, more or less, and located between a point right of approximate survey station 51 + 00 of the revised centerline of said Highway Project and a point right of approximate station 52 + 48 of the established centerline of said Highway Project, and being more particularly described as follows:

Beginning at a point in the existing southwesterly right-of-way boundary of Town Highway #6 (Fisher Road) 25 feet distant southwesterly radially from approximate station 51 + 00 of the revised centerline (Revised centerline hereinafter referred to as REV. CL.) of Highway Project Berlin M 6200 (1)S, Section I;

thence 146 feet, more or less, southeasterly along the aforesaid southwesterly right-of-way boundary of Town Highway #6 (Fisher Road) to a point 20 feet distant southwesterly radially from approximate station 52 + 46 of said REV. CL.;

thence 5 feet, more or less, southwesterly to a point 25 feet distant southwesterly radially from approximate station 52 + 48 of the REV. CL.;

thence 148 feet, more or less, northwesterly to the point of beginning.

Also included in this transfer is the following easement and/or right required for the construction of Highway Project Berlin M 6200 (1)S, Section I;

An easement to construct and maintain a drainage ditch between a point right of approximate survey station 52 + 48 of the revised centerline of said Highway Project and a point right of approximate survey station 52 + 58 of the established centerline of said Highway Project.

Parcel #104:

An easement for constructing, and servicing a highway, in an area of 0.08 acre, more or less, and located right of and between approximate survey stations 47 + 43 and 52 + 00 of the revised centerline of said Highway Project, and being more particularly described as follows:

Beginning at a point in Town Highway #6 (Fisher Pond) 17 feet distant northeasterly at right angle from approximate station 45 + 31 of the revised centerline (revised centerline hereinafter referred to as REV. CL.) of Highway Project Berlin M 6200 (1)S; Section II;

thence 211 feet, more or less southeasterly to a point in the centerline of Town Highway #6 (Fisher Pond) at centerline station 47 + 43 of said REV. CL.;

thence 32 feet, more or less, southwesterly to a point 32 feet distant at right angle from station 47 + 43 of said REV. CL.;

thence 143 feet, more or less, northwesterly and parallel to said REV. CL. to a point 32 feet distant, southwesterly at right angle from station 46 + 00 of said REV. CL.;

thence 53 feet, more or less, southwesterly to a point 85 feet, distant southwesterly at right angle from station 46 + 00 of said REV. CL.;

thence 84 feet, more or less, northwesterly to a point 105 feet distant southwesterly at right angle from station 45 + 18 of said REV. CL.;

thence 123 feet, more or less, northeasterly to the point of beginning.

Also included in this transfer are the following easements and/or rights required for the construction of Highway Project Berlin M 6200 (1)S, Section II;

Easement to extend highway slopes and embankments in areas of 0.05 acre, more or less, and 0.01 acre, more or less, and a temporary easement during the period of construction to extend highway slopes and embankments in an area of 0.04 acre, more or less and shown on Pages 7 and 8 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 tree logs, stumps, protruding roots, brush, duff and any other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

An easement in an area of 0.05 acre, more or less, to construct and maintain a ditch located right of and between approximate survey stations 47 + 43 and 50 + 82 of the revised centerline of said Highway Project.

An easement to install and maintain a culvert located right of and between approximate survey stations 50 + 82 and 51 + 53 of the revised centerline of said Highway Project.

A temporary easement during the period of construction to enter upon land of the Adjutant General to construct a drive located at or near and right of approximate survey station 51 + 18 of the revised centerline of said Highway Project.

Dated March 16, 1989.
3 V.S.A. § 2505 — VT Code / Title 3 / Chapter 47 / Section 2505
§ 2505. Market Vermont Fund
Status: in_force

(a) The Market Vermont Fund is hereby established. The Fund shall comprise fees collected under section 2504 of this title and any monies appropriated by the General Assembly. The Fund shall be used for the administration and advertising of the Market Vermont Program established by this chapter.

(b) The special fund created by subsection (a) of this section shall be organized and managed pursuant to 32 V.S.A. chapter 7, subchapter 5.
3 V.S.A. § 18 — VT Code / Title 3 / Chapter 1 / Section 18
§ 18. Spouse abuse programs; eligibility
Status: repealed

(a) There is hereby created the Spouse Abuse Program.

(b) The Vermont Center for Crime Victim Services shall be authorized to award grants for the Spouse Abuse Program. Awards shall be made by the Center to spouse abuse programs established for the purpose of providing shelter, protection, or support for battered or abused spouses. The Center shall, insofar as possible, award grants to provide reasonable geographic distribution of funds around the State.

(c) [Repealed.]

(d) In order to receive funds under this section, each participating program shall:

(1) Receive some funding from one or more local, municipal, or county source, public or private. Contributions in kind, whether material, commodities, transportation, or office space, may be evaluated and counted as part of this requirement.

(2) Reapply annually for continued funding as necessary.

(e) Duties and functions of the Center.

(1) The Center shall adopt rules under chapter 25 of this title pursuant to which interested local programs may apply for funding. Any local agency or organization may apply to participate.

(2) The Center shall establish minimum standards for eligibility for State funds awarded through the provisions of this section.
3APPENDIX V.S.A. § 29 — VT Code / Title 3APPENDIX / Chapter 29 / Section 29
§ 29-29. Exec. Order No. 29-29 (No. 09-01) [Transfer of parcel of land from the Agency of Administration, Department of Buildings and General Services to the jurisdiction and control of the Agency of Transportation]
Status: in_force

WHEREAS, it appears that certain land and premises located in the Town of Colchester, County of Chittenden and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services, State of Vermont, has become and is no longer necessary for purposes of the Agency of Administration, 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, BE IT RESOLVED THAT I, Howard Dean, MD, 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 part of the same land and premises acquired by the State of Vermont from Arbortech Inc. by Warranty Deed dated July 15, 1998, and recorded in Book 293 at Pages 226-229 of the Town of Colchester Land Records. The parcels are more particularly described as follows:

Parcel A

A parcel of land located in the Town of Colchester, County of Chittenden, State of Vermont, and more particularly described as follows:

Beginning at an iron pipe found located in the northwest corner of said property, said iron pipe found also being located on the easterly right-of-way of U.S. Route 7, and on the Colchester-Milton Town Line; thence proceeding from the aforementioned iron pipe found S 62°-59′-48″ E for a distance of five hundred four and eighty hundredths feet (504.80′) to an iron pipe found; thence proceeding from said iron pipe found S 62°-45′-16″ E for a distance of two hundred five and eighty nine hundredths feet (205.89′) to an iron pipe found; thence proceeding from said iron pipe found S 0°-18′-22″ W for a distance of four hundred thirty and sixty eight hundredths feet (430.68′) to an iron pipe found; thence proceeding from said iron pipe found N 89°-51′-46″ W for a distance of four hundred sixty five and ninety two hundredths feet (465.92′) to an unmonumented point; thence proceeding from said unmonumented point N 0°-08′-14″ E for a distance of four hundred and zero hundredths feet (400.00′) to an unmonumented point; thence proceeding from said unmonumented point S 89°-51′-46″ E for a distance of forty and zero hundredths feet (40.00′) to an unmonumented point; thence proceeding from said unmonumented point N 0°-08′-14″ E one hundred thirty five and zero hundredths feet (135.00′) to an unmonumented point; thence proceeding from said unmonumented point N 89°-51′-46″ W for a distance of two hundred forty and forty six hundredths feet (240.46′) to an unmonumented point located on the easterly right-of-way of U.S. Route 7; thence proceeding from the aforementioned unmonumented point in and along the easterly right-of-way of U.S. Route 7 on a curve having a radius of one thousand three hundred ninety nine and sixty nine hundredths feet (R=1399.69′) and a length of two hundred twenty and forty three hundredths feet (L=220.43′) to the point or place of beginning.

Said parcel contains 6.53 acres.

Parcel B

Beginning at an iron pipe found on the easterly right-of-way of US Route 7, and iron pipe found is also the northwesterly property corner of Arbortech, Inc. so called; thence proceeding from the aforementioned iron pipe found N 2°-34′-43″ W in and along the easterly right-of-way of US Route 7 for a distance of three hundred thirteen and ninety three hundredths feet (313.93′) to an iron pipe found; thence proceeding from said iron pipe found N 2°-34′-43″ W in and along the easterly right-of-way of US Route 7 for a distance of thirty four and fifty seven hundredths feet (34.57′) to an unmonumented point; thence proceeding from said unmonumented point in and along the easterly right-of-way of US Route 7 on a curve having a radius of one thousand three hundred ninety nine and sixty nine hundredths feet (R=1399.69′) and a length of one hundred eighty seven and zero four hundredths feet (L=187.04′) to an unmonumented point; thence proceeding from said unmonumented point S 89°-51′-46″ E for a distance of two hundred forty and forty six hundredths feet (240.46′) to an unmonumented point; thence proceeding from said unmonumented point S 0°-08′-14″ W for a distance of one hundred thirty five and zero hundredths feet (135.00′) to an unmonumented point; thence proceeding from said unmonumented point N 89°-51′-46″ W for a distance of forty and zero hundredths feet (40.00′) to an unmonumented point; thence proceeding S 0°-08′-14″ W for a distance of four hundred and zero hundredths feet (400.00′) to an unmonumented point; thence proceeding from said unmonumented point N 89°-51′-46″ W for a distance of one hundred eighty five and zero hundredths feet (185.00′) to the point or place of beginning.

Said parcel contains 2.53 acres.

Parcels A & B are depicted on mylar slide #355, filed in the Colchester Land Records on February 2, 2001.

This Executive Order shall take effect upon execution.

Dated October 5, 2001.
3APPENDIX V.S.A. § 27 — VT Code / Title 3APPENDIX / Chapter 29 / Section 27
§ 29-27. Exec. Order No. 29-27 (No. 07-99) [Transfer of Property in Essex to Agency of Administration, Department of State Buildings and General Services from Agency of Natural Resources, Department of Forests, Parks and R]
Status: in_force

WHEREAS, certain buildings and related land (the “property”) located in the Town of Essex, County of Chittenden and State of Vermont, herein after described, are presently under the jurisdiction and control of the Agency of Natural Resources, Department of Forests, Parks and Recreation (ANR) and;

WHEREAS, the ANR has no further use for the property; and

WHEREAS, the Vermont Agency of Administration, Department of Buildings and General Services, desires the use of said buildings and related land for its purposes;

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to the Agency of Administration, Department of State Buildings and General Services, from the jurisdiction and control of the Agency of Natural Resources, Department of Forests, Parks and Recreation, for its purposes, the following described land and premises, to wit:

Being the buildings and related land located on east side of Old Colchester road so-called. The northerly part of said property being situated in the Town of Essex and the southerly part being situated in the Village of Essex Junction.

Meaning hereby to transfer jurisdiction over the remaining part of the same premises and land conveyed to the State of Vermont by Charles E. Labelle and Lumina E. Labelle, husband and wife, by their Warranty Deed dated August 12, 1963. Said deed being of record in book 67 at page 449 of the Town of Essex Land Records.

As an aid to the location of the herein transferred premises, reference is made to a land plat entitled “Old Colchester Road Nursery,” scale: 1″ = 200′, compiled by: M.E. Raboin, dated: February '82, Drawing No. 000-7. Said plat being filed in the property records of the State of Vermont; Agency of Natural Resources, Department of Forests, Parks and Recreation at Waterbury, Vermont. Attachment A attached hereto and incorporated herewith.

Said property consists of certain buildings and structures which are more particularly described in Attachment B attached hereto and incorporated herewith, as well as approximately 99.1 acres, more or less, of related land. Said premises and land are subject to the following conditions and encumbrances:

A certain lease entered into between the Agency of Natural Resources, Department of Forests, Parks and Recreation and the Town of Essex and the Village of Essex Junction, dated June 30, 1998, and recorded in the Town of Essex Land Records at Book 388, Pages 706-713.

A certain Fence Division Agreement between the State of Vermont, Department of Forests and Parks and Guy L. and Florence McGuin, dated November 3, 1958, and recorded in the Town of Essex Land Records at Book 65, Page 271.

A certain Fence Division Agreement between the State of Vermont, Department of Forests and Parks and Lawrence and Katherine Thompson, dated February 7, 1962, and recorded in the Town of Essex Land Records at Book 65, Page 272.

This Executive Order shall take effect upon execution.

Dated June 14, 1999.
3 V.S.A. § 458 — VT Code / Title 3 / Chapter 16 / Section 458
§ 458. Creditable service; military service
Status: in_force

(a) With respect to service rendered prior to the date of membership, each employee who, pursuant to subsection 457(a) of this title, became a member of the retirement system shall have included as prior service all service credited to the employee as creditable service under the terms of one or both of the predecessor systems, provided the employee's membership continues unbroken until the employee's retirement.

(b) All service of a Group A, Group C, Group D, Group F, or Group G member since the member last became a member on account of which contributions are made shall be credited as membership service.

(c) The Retirement Board shall fix and determine by appropriate rules how much service in any year is equivalent to one year of service, but in no case shall it allow credit for a period of absence without pay of more than a month's duration, except as provided under subsection (e) of this section, nor shall more than one year of service be creditable for all service in one calendar year. Service rendered for the full normal working time in any year shall be equivalent to one year's service, but in no case shall less than 40 calendar weeks be regarded as full normal working time.

(d) Creditable service of a member shall consist of his or her membership service and the prior service, if any, which is credited to him or her under subsection (a) of this section, plus, in the case of a Group A member hired prior to July 1, 1978, three years and in the case of a Group F member, up to three years of the period served as a State employee prior to 1978 for which the member received no credit, provided that the employee served continuously since 1978 until retirement. Creditable service shall also include service as an exempt employee for any period or periods of less than three years prior to 1978, whether or not continuous.

(e) Credit shall also be granted for any period of absence from service certified by the commissioner of the member's department, or if the office of the member is not overseen by a commissioner, then the head of the member's department, due to any class of military service approved by the Retirement Board, provided the employee returns to the service of the State within 90 days after having become discharged or separated from such military service, as if such service had been service as an employee of the State. The earnable compensation of the employee at the time of entering such military service shall be deemed to be the earnable compensation for the period of such service.

(f) Should an employee whose membership is broken again become a member, he or she shall enter the System as a member not entitled to credit for service previously rendered, except as provided in this section or section 463 of this title.

(g) Any member may transfer from a position covered by one group to a position covered by a different group as defined in section 455 of this title and shall be entitled to credit for service rendered in all groups within the System. Benefits shall be based on the accrued value of the credits in the group in which the creditable service was earned and shall be payable according to the provisions of each group, unless the member elects to withdraw his or her contributions in accordance with section 480 of this title. Such benefits shall only be subject to such maximum amounts as are provided for each group and may be combined to exceed 50 percent of average final compensation.

(h) Credit shall also be granted for any period of absence from service in connection with a leave of absence, approved by the commissioner of the member's department, for professional study. If the office of the member is not overseen by a commissioner, then the head of the member's department shall have the authority to approve a leave of absence for professional study. In the case of an approved leave of absence for purposes other than for professional study, service credit shall be granted upon a contribution by the member that equals the member's current contribution rate multiplied by the member's earnable compensation for the year preceding the leave of absence.

(i) Credit shall also be granted for any period of absence from service in connection with an approved workers' compensation claim as a result of a work-related injury, provided the employee provides evidence of the period covered by the approved workers' compensation claim upon return to active service. The earnable compensation of the employee at the time of entering the period of the absence from service resulting from an approved workers' compensation claim or the wages plus all other wage replacement compensation received while on the approved period of absence, whichever provides for the highest total compensation, shall be deemed to be the earnable compensation for the period of service. The total compensation under this subsection shall not exceed what the earnable compensation would have been had the member not been injured.
3 V.S.A. § 7 — VT Code / Title 3 / Chapter 1 / Section 7
§ 7. Delegates
Status: in_force

Whenever in his or her judgment it is for the best interest of the State, the Governor may appoint a delegate to attend any convention, conference, or meeting without the State, as a representative of this State or any department thereof.
3APPENDIX V.S.A. § 7 — VT Code / Title 3APPENDIX / Chapter 3 / Section 7
§ 3-7. Exec. Order No. 3-7 (No. 74-83) [Intergovernmental Consultation System]
Status: in_force

Rescinded by Executive Order No. 3-33 (codified as Executive Order No. 13-96), dated July 17, 1996.
3 V.S.A. § 2879 — VT Code / Title 3 / Chapter 51 / Section 2879
§ 2879. Division of Geology and Mineral Resources
Status: in_force

The Division of Geology and Mineral Resources is created. It shall be administered by a director who shall be the State Geologist.
3APPENDIX V.S.A. § 15 — VT Code / Title 3APPENDIX / Chapter 10 / Section 15
§ 10-15. Exec. Order No. 10-15 (No. 10-91) [Advisory Council to the Agency of Development and Community Affairs]
Status: in_force

Superseded by Executive Order 3-99 (codified as Executive Order No. 10-21), dated April 8, 1999.
3 V.S.A. § 2312 — VT Code / Title 3 / Chapter 45 / Section 2312
§ 2312. Performance accountability liaisons to the General Assembly
Status: in_force

(a) The Chief Performance Officer shall designate an employee in each agency of State government to be a performance accountability liaison to the General Assembly. A liaison designated under this section shall be responsible for reviewing with the General Assembly any of the population-level outcomes and indicators set forth in section 2311 of this subchapter to which that agency contributes and for responding to any other requests for results-based accountability information requested by the General Assembly.

(b) The performance accountability liaisons shall report to the Chief Performance Officer on any action taken under subsection (a) of this section.

(c) Annually, on or before July 30 and as part of any other report requirement to the General Assembly set forth in this subchapter, the Chief Performance Officer shall report to the House Committees on Appropriations and on Government Operations and Military Affairs and the Senate Committee on Government Operations on his or her analysis of the actions taken by the performance accountability liaisons under this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
3APPENDIX V.S.A. § 10 — VT Code / Title 3APPENDIX / Chapter 15 / Section 10
§ 15-10. Exec. Order No. 15-10 (No. 16-11) [Governor's Prevention of Domestic and Sexual Violence Task Force]
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. § 134 — VT Code / Title 3 / Chapter 5 / Section 134
§ 134. License renewal
Status: in_force

(a) A license expires if not renewed biennially on a schedule assigned by the Office, or in the case of a provisional or temporary license, on the date assigned by the Office.

(b) Practice with an expired license is unlawful and exposes a practitioner to the penalties set forth in section 127 of this chapter.
3 V.S.A. § 974 — VT Code / Title 3 / Chapter 27 / Section 974
§ 974. Communication with General Assembly
Status: in_force

(a) No entity of State government may prohibit a State employee from engaging in discussion with a member of the General Assembly or from testifying before a legislative committee; provided, however, that an employee may not divulge confidential information, and an employee shall be clear that he or she is not speaking on behalf of an entity of State government.

(b) No State employee shall be subject to discipline, discharge, discrimination, or other adverse employment action as a result of the employee providing information to a legislator or legislative committee; provided, however, that the employee does not divulge confidential information, and that the employee is clear that he or she is not speaking on behalf of any entity of State government. The protections set forth in this subchapter shall not apply to statements that constitute hate speech or threats of violence against a person.

(c) In the event that an appearance before a Committee of the General Assembly will cause an employee to miss work, he or she shall request to be absent from work and shall provide as much notice as is reasonably possible. The request shall be granted unless there is good cause to deny the request. If a request is denied, the decision and reasons for the denial shall be in writing and shall be provided to the employee in advance of the scheduled appearance. The protections set forth in this section are subject to the efficient operation of State government, which shall prevail in any instance of conflict.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 33 / Section 5
§ 33-5. Exec. Order No. 33-5 (No. 33-79) [Transfer of Typist C Position From Office of Secretary of State to Division of Vital Statistics, Department of Health, Agency of Human Services]
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. § 121 — VT Code / Title 3 / Chapter 5 / Section 121
§ 121. Definitions
Status: in_force

As used in this subchapter:

(1) “Director” means the Director of the Office of Professional Regulation.

(2) “Licensing board” or “board” refers to the boards, commissions, and professions listed in section 122 of this subchapter and, in the case of disciplinary matters or denials of licensure, either an administrative law officer appointed under subsection 129(j) of this subchapter or the Director in advisor professions. Notwithstanding statutory language to the contrary, this subchapter shall apply to all those boards.

(3)(A) “License” includes any certification, registration, permit, commission, or other official authorization to undertake a regulated activity.

(B) “Licensee” includes any person to whom a license has been issued by a board or the Director.

(4) “Office” means the Office of Professional Regulation.
3 V.S.A. § 480a — VT Code / Title 3 / Chapter 16 / Section 480a
§ 480a. Group A members; limit on contributions
Status: in_force

Contributions in the form of a deduction from compensation under section 473 of this title shall cease for any Group A member who attains 25 years of creditable service and the member shall continue to accrue creditable service, without such a contribution, at the rate of 1⅔ percent until the member retires. Any Group A member in service on January 1, 1991 who, as of that date, has made contributions for more than 25 years but less than 30 years shall, upon normal retirement, be granted up to five years of additional creditable service at the rate of 1⅔ percent for each year or part of a year in which contributions were made in excess of 25 years. Any Group A member in service on January 1, 1991 who, as of that date, has made contributions for more than 30 years shall, upon normal retirement, receive credit for contributions in excess of 25 years and in addition shall be granted, upon normal retirement, five years of additional creditable service at the rate of 1⅔ percent.
3APPENDIX V.S.A. § 36 — VT Code / Title 3APPENDIX / Chapter 10 / Section 36
§ 10-36. Exec. Order No. 10-36 (No. 02-10) [Enhancing Investments in Affordable Housing]
Status: in_force

WHEREAS, a Tiger Team comprised of a skilled group of state employees with solid financial and analytical skills was formed to profile and review key financial data of Vermont's affordable housing delivery system and to suggest and explore opportunities to enhance the efficiency of the system; and

WHEREAS, five statewide entities serving state government, including the Vermont Housing Finance Agency (“VHFA”), the Vermont State Housing Authority (“VSHA”), the Housing Foundation, Inc. (“HFI”), the Vermont Housing and Conservation Board (“VHCB”), and the Department of Economic, Housing, and Community Development (“DEHCD”), and at least twelve non-profit housing organizations, have as their primary purpose the common mission of serving the affordable housing community; and

WHEREAS, the five statewide entities employ over 130 employees, including three executive directors, a commissioner, and supporting staff, and consist of four separate Boards with 37 individual board members; and

WHEREAS, the five statewide entities often collaborate to provide funding to the same affordable housing projects, especially through Vermont's non-profit affordable housing network; and

WHEREAS, the five statewide entities' net assets are largely comprised of loan receivables held by VHFA and VHCB; and

WHEREAS, the viability of Vermont's affordable housing delivery system is dependent upon preserving the economic value of receivables created by investments of Vermont taxpayers and maximizing the direct benefit of these investments to Vermonters seeking affordable housing; and

WHEREAS, the Tiger Team observed that the current design and implementation of the state's affordable housing delivery system may foster a level of undue complexity and duplication of efforts, resulting in greater administrative costs and less direct investment in the construction and maintenance of affordable housing; and

WHEREAS, the Tiger Team observed that operating and personnel expenditures for non-profit housing organizations has increased substantially greater than the rate of inflation for the period 2005-2008; and

WHEREAS, the Tiger Team observed that changes to housing policy may result in increased revenue that could be used for investment in more affordable housing; and

WHEREAS, the Tiger Team's review concluded that a 10% savings in administrative costs within the five statewide entities alone would result in approximately $900,000 annually in direct investment in affordable housing, which could generate $20 million or more in additional investments in affordable housing if leveraged over a 30 year term and preserve the financial value of past capital investments in affordable housing; and

WHEREAS, further review of the state entities' affordable housing delivery system is warranted given the substantial resources currently dedicated to funding that system and the potential for savings and efficiencies.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor, do hereby direct the Commissioner of the Department of Economic, Housing, and Community Development to convene the necessary resources and stakeholders, as he shall deem necessary, to explore the redesign of, and business process improvements to, the state affordable housing delivery system to achieve savings and efficiencies which shall be used to make additional direct investment in affordable housing.

The Commissioner shall, in consultation and conjunction with VHFA, VSHA, HFI, VHCB, and DEHCD:

1. Conduct an in-depth review of the existing organizational structures and business processes of the five state affordable housing entities and make recommendations to improve their effectiveness and increase efficiencies;

2. Recommend and procedures to ensure loan receivables held by the state affordable housing entities are managed in a fiduciary-oriented manner to ensure these substantial assets are available as a current and future resource for additional investments in affordable housing; and

3. Provide a written report to the Governor and to the General Assembly no later than September 1, 2010 containing all findings and recommendations to achieve the purposes of this Executive Order.

This Executive Order shall take effect upon execution and shall expire upon delivery of the written report to the Governor and the General Assembly.

Dated March 18, 2010.
3 V.S.A. § 2809 — VT Code / Title 3 / Chapter 51 / Section 2809
§ 2809. Reimbursement of Agency costs
Status: in_force

(a)(1) The Secretary may require an applicant for a permit, license, certification, or order issued under a program that the Secretary enforces under 10 V.S.A. § 8003(a) to pay for the cost of research, scientific, programmatic, or engineering expertise provided by the Agency of Natural Resources, provided that the following apply:

(A) The Secretary does not have such expertise or services and such expertise is required for the processing of the application for the permit, license, certification, or order.

(B) The Secretary does have such expertise but has made a determination that it is beyond the Agency's internal capacity to effectively utilize that expertise to process the application for the permit, license, certification, or order. In addition, the Secretary shall determine that such expertise is required for the processing of the application for the permit, license, certification, or order.

(2) The Secretary may require an applicant under 10 V.S.A. chapter 151 to pay for the time of Agency of Natural Resources personnel providing research, scientific, or engineering services or for the cost of expert witnesses when Agency personnel or expert witnesses are required for the processing of the permit application.

(3) In addition to the authority set forth under 10 V.S.A. chapters 59 and 159 and section 1283, the Secretary may require a person who caused the Agency to incur expenditures or a person in violation of a permit, license, certification, or order issued by the Secretary to pay for the time of Agency personnel or the cost of other research, scientific, or engineering services incurred by the Agency in response to a threat to public health or the environment presented by an emergency or exigent circumstance.

(b) Prior to commencing or contracting for research, scientific, or engineering expertise or services or contracting for expert witnesses for which the Secretary intends to seek cost reimbursement under subdivisions (a)(1) and (2) of this section, the Secretary shall notify the applicant for a permit, license, certification, or order of the Secretary's authority to assess costs under this section.

(c)(1) Within 15 days of issuance of notice under subsection (b) of this section, an applicant for a permit, license, certification, or order may request a meeting with the Secretary to identify and review the proposed Agency services or contracting services that may be assessed to the applicant.

(2) The Secretary may enter into agreements with an applicant for a permit, license, certification, or order under which either the applicant or the Agency of Natural Resources shall provide or pay for the necessary research, scientific, or engineering expertise or services or expert witnesses.

(3) When the Secretary meets with an applicant under this subsection, the Secretary shall provide the applicant in writing a preliminary estimate of the costs to be assessed and the purpose of the funds. In the case of requests to pay costs under subdivision (a)(1)(B) of this section, the Secretary shall be limited to a reimbursement of not more than $50,000.00.

(d) The following apply to the authority established under subsection (a) of this section:

(1)(A) The Secretary may require reimbursement only of costs in excess of $3,000.00 except as provided in subdivision (B) of this subdivision (1).

(B) Where the Secretary has requested reimbursement of programmatic expertise pursuant to subdivision (a)(1)(B) of this section. The Secretary may require reimbursement only of costs in excess of $3,000.00 or one-half of the permit application fee assessed under section 2822 of this title, whichever is greater.

(2) The Secretary may revise estimates previously noticed as necessary from time to time during the progress of the work and shall notify the applicant in writing of any revision.

(3) The Secretary shall provide the applicant with a detailed statement of a final assessment under this section showing the total amount of money expended or contracted for in the work and directing the manner and timing of payment by the applicant.

(4) All funds collected from applicants under the provisions of this section shall be paid into the Environmental Permit Fund established pursuant to section 2805 of this title, except that funds collected under provisions of subdivision (a)(2) of this section shall be paid into the Natural Resources Management Fund established pursuant to 23 V.S.A. § 3106(d).

(e) The Secretary may withhold a permit approval or suspend the processing of a permit application for failure to pay reasonable costs imposed under this subsection.

(f) An action or determination of the Secretary under this section shall constitute an act or decision of the Secretary that may be appealed in accordance with 10 V.S.A. § 8504.

(g) Concerning an application for a permit to discharge stormwater runoff from a telecommunications facility as defined in 30 V.S.A. § 248a that is filed before July 1, 2017:

(1) Under subdivision (a)(1) of this section, the Agency shall not require an applicant to pay more than $10,000.00 with respect to a facility.

(2) The provisions of subsection (c) (mandatory meeting) of this section shall not apply.
3 V.S.A. § 8 — VT Code / Title 3 / Chapter 1 / Section 8
§ 8. Inspection of State institutions
Status: in_force

The Governor shall have power, in his or her discretion, to visit and inspect any State institution or to appoint a visitor to make such inspection and report to him or her.
3APPENDIX V.S.A. § 19 — VT Code / Title 3APPENDIX / Chapter 20 / Section 19
§ 20-19. Exec. Order No. 20-19 (No. 04-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Chittenden, Franklin, and Addison Counties]
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. § 20 — VT Code / Title 3APPENDIX / Chapter 10 / Section 20
§ 10-20. Exec. Order No. 10-20 (No. 14-96) [Designation of Vermont Housing and Conservation Board as the â€œState Trust Fundâ€?]
Status: in_force

WHEREAS, the General Assembly created the Vermont Housing and Conservation Board to conserve and protect Vermont's agricultural land and to date the Board has assisted in the protection of 53,500 acres of agricultural land through the purchase of development rights; and

WHEREAS, the Farms for the Future Act, passed by the United States Congress in 1990, established the Agricultural Resource Conservation Demonstration Program (the “Program”) by which the State of Vermont is eligible for federal assistance for up to five years to acquire interests in land to protect and preserve important farmland for future agricultural use; and

WHEREAS, under the Program, the Secretary of the U.S. Department of Agriculture (the “Secretary”), acting through the Farmers Home Administration, will guarantee ten year loans from lending institutions, pay all interest on such loans for the first five years and pay the difference between the charged interest rate and the limited resource rate, not less than 3 percent for the second five years; and

WHEREAS, by participating in the Program, the State of Vermont will increase its ability to acquire interests in land to protect and preserve important farmland and create a self-sustaining fund administered by the Vermont Housing and Conservation Board which will reduce the risk of losing important farmland; and

WHEREAS, in order to qualify for federal assistance this year, the State must (i) demonstrate that State/private assistance is available for acquiring interests in land to protect and preserve important farmlands for future agricultural use; (ii) designate a State trust fund; and (iii) negotiate and sign an Agreement with the Secretary; and

WHEREAS, implementation of the federal Program will require a concerted and coordinated effort by State and local governments, private nonprofit corporations, lending institutions and the Secretary;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., Governor of the State of Vermont, by the power vested in me by 3 V.S.A. Chapter 41, do hereby designate the Vermont Housing and Conservation Board (the “Board”) as the “State trust fund” for purposes of the Agricultural Resource Conservation Demonstration Program, passed by the United States Congress in 1990 (the “Program”).

1. The Board is authorized to negotiate and sign an Agreement with the Secretary of the U.S. Department of Agriculture (the “Secretary”), so that the State of Vermont will receive federal assistance under the Program which will be used exclusively to implement and effectuate the policies and purposes of the Vermont Housing and Conservation Trust Fund Act, Title 10, Chapter 15 (1987, No. 88, § 1, eff. June 11, 1987) to facilitate the acquisition of interests in land to protect and preserve important farmlands for future agricultural use in the State of Vermont;

2. The Board shall advise the Secretary of the amount of State/private assistance Vermont will make available for acquiring interests in land to protect and preserve important farmlands for future agricultural use and provide the Secretary with necessary verification;

3. Once the Secretary notifies the State of Vermont that it is eligible to receive federal assistance under the Program, the Board is authorized to borrow funds from a lending institution, provided that the loan is guaranteed by the Secretary and that the loan proceeds are used exclusively to implement and effectuate the policies and purposes of the Vermont Housing and Conservation Trust Fund Act;

4. During Vermont's participation in the Program, the Board shall work with the General Assembly, the State Treasurer, municipalities, foundations, nonprofit corporations, businesses and private parties to set the amount of assistance the State of Vermont will make available in State/private assistance for acquiring interests in land to protect and preserve important farmlands for future agricultural use so that the State of Vermont will continue to be eligible for federal assistance under the Program;

5. As part of its annual report to the Governor and the General Assembly, the Board shall include a full financial report of funds received under the Program and a list and a description of activities supported with such funds.

This Executive Order shall take effect upon signing and shall supersede Executive Order #98-90 adopted December 20, 1990.

Dated September 10, 1996.
3 V.S.A. § 1203c — VT Code / Title 3 / Chapter 31 / Section 1203c
§ 1203c. Preferential treatment
Status: in_force

A public servant in the course of conducting State business shall act impartially, showing no favor toward or prejudice against any person. A public servant shall not give or represent an ability to give preference or special treatment to any person because of the person's wealth, position, or status or because of any personal relationship with the public servant. When permitted by law and written policy or rule, a public servant may give preference to designated persons.
3 V.S.A. § 133 — VT Code / Title 3 / Chapter 5 / Section 133
§ 133. Business registration
Status: in_force

When professional services are required by law to be performed in or by a business entity registered with the Office, the business entity shall:

(1) register with the Business Services Division of the Office of the Secretary of State, if required by law; and

(2) separately register with the Office each name under which the business entity will conduct business, register licensees, and advertise in Vermont.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 6 / Section 2
§ 6-2. Exec. Order No. 6-2 (No. 09-00) [Governor's Council for Interstate Compacts]
Status: in_force

Expired effective December 31, 2003.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 21 / Section 3
§ 21-3. Exec. Order No. 21-3 (No. 04-85) [Wage Rates on Rouses Point Bridge Project]
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. § 46 — VT Code / Title 3APPENDIX / Chapter 29 / Section 46
§ 29-46. Exec. Order No. 29-46 (No. 11-10) [Transfer of Properties between the Department of Fish and Wildlife and the Department of Forests, Parks and Recreation]
Status: in_force

WHEREAS, certain state-owned land (the “Property”) located in the Town of Victory, County of Essex and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife; and

WHEREAS, the Property was purchased solely with Department of Fish and Wildlife funds; and

WHEREAS, the Property is completely surrounded by Victory State Forest; and

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

WHEREAS, the Department of Forests, Parks and Recreation desires to incorporate the Property into Victory State Forest and to hold, control and manage the Property consistent with 10 V.S.A. § 6301; and

WHEREAS, the Department of Forests, Parks and Recreation is committed to managing the property for the purposes of a State Forest.

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

A portion of the same land and premises conveyed to the State of Vermont by New England Power Company, by their Quit Claim Deed dated November 12, 1969, which is recorded in the land records of the Town of Victory at Book 17, Page 190. The portion to be transferred is more particularly described as:

“Lot No. 4 in the 9th Range”

The parcel of land conveyed hereby is approximately 144.5 +/- acres and is surrounded by land owned by the State of Vermont and managed as Victory State Forest.

Excluded from this executive order are the remaining parcels contained in the conveyance from New England Power Company to the State of Vermont in the above referenced Quit Claim Deed. These lots will remain under management of the Department of Fish and Wildlife as part of Victory Basin Wildlife Management Area.

This Executive Order shall take effect upon execution.

Dated November 29, 2010.
3 V.S.A. § 924 — VT Code / Title 3 / Chapter 27 / Section 924
§ 924. Powers and duties
Status: repealed

(a) [Repealed.]

(b) In all proceedings under this chapter, no evidence shall be admitted or considered that relates to conduct or statements made in compromise negotiations, including mediation, unless otherwise agreed to by the parties. This subsection does not require exclusion of evidence otherwise obtainable from independent sources because it was presented in the course of compromise negotiations nor does it require exclusion of evidence offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct an investigation.

(c) Until a transcript of the record in a case is filed in a court under this chapter, the Board at any time upon reasonable notice and in such manner as it considers proper may modify or set aside wholly or partially a finding made or order issued by it.

(d) The Board may appoint a mediator to assist in resolving differences.

(e) In addition to its responsibilities under this chapter, the Board shall carry out the responsibilities given to it under 21 V.S.A. chapters 19 and 22 and chapter 28 of this title and when so doing shall exercise the powers and follow the procedures set out in that chapter.

(f) The Board may cooperate with other agencies, either of the United States or of another state, in all matters concerning the powers and duties of the Board under this chapter and particularly in relation to agreements providing for the ceding to the Board by the National Labor Relations Board of jurisdiction over cases in any industry predominantly local in character.
3APPENDIX V.S.A. § 45 — VT Code / Title 3APPENDIX / Chapter 29 / Section 45
§ 29-45. Exec. Order No. 29-45 (No. 05-10) [Transfer of Certain Easements and Rights in the Town of Cambridge from the Agency of Natural Resources to the Agency of Transportation]
Status: in_force

WHEREAS, it appears that certain easements and/or rights on land hereinafter described and located in the Town of Cambridge, County of Lamoille, and the State of Vermont are presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife (Grantor); and

WHEREAS, the Agency of Transportation (VTrans) desires the use of certain easements and/or rights on Grantor's lands for VTrans' purposes in connection with the construction of Transportation Project Cambridge BRF 027-1 (4).

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

Being part of the same land and premises conveyed to State of Vermont, Fish and Wildlife Department by the Warranty Deed of Raymond R. Unsworth, dated December 23, 1985, which is recorded in Book 68, Page 503 of the Town of Cambridge land records, and being more particularly described as follows:

Being Parcel #2 consisting of easements and/or rights on land, as shown on right-of-way sheets 23, 25 and 26 of the revised plans of Transportation Projects Cambridge BRF 027-1(4) and Cambridge STP 027-1(4) as filed on the 22rd day of June, 2010, in the office of the clerk of the Town of Cambridge.

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

A permanent easement in an area of 1,057.65 square meters (0.26 acre), more or less, and located right of and between approximate stations 10+235.00 and 10+344.06 of the established centerline of Transportation Project Cambridge BRF 027-1(4) (“the Transportation Project”), to install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto, hereinafter referred to as facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of the Grantor. This easement also includes the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by VTrans for the safe and efficient operation and maintenance of the facilities. The Grantor, its successors and assigns, will not, without the prior written permission of VTrans, erect or permit the erection of any building or any other structure; plant or permit the growth of any trees or bushes; change the grade or permit the change of grade, or fill or excavate within this easement area which will adversely affect the maintenance and operation by VTrans, its successors and assigns.

A temporary easement during the period of construction to extend highway slopes and embankments in an area of 151.82 square meters (1,634 square feet), more or less, and a permanent easement to extend and maintain highway slopes and embankments in an area of 166.58 square meters (0.04 acre), more or less, as shown on the plans for the Transportation Project.

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

A temporary easement to enter upon land of the Grantor, during the period of construction, to install a barrier fence, right of and between approximate stations 10+259.55 and 10+344.06 of the established centerline of the Transportation Project.

A temporary easement during the period of construction to enter upon land of the Grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install erosion control barriers, as necessary and as noted on the project plans; and undertake general construction functions in an area of 78.72 square meters (847 square feet), more or less, right of and between approximate stations 10+260.00 and 10+344.06 of the established centerline of the Transportation Project.

A temporary easement to enter upon land of the Grantor, during the period of construction, to install a sidewalk, in an area of 13.87 square meters (149 square feet), more or less, right of and between approximate stations 10+310.00 and 10+323.50 of the established centerline of the Transportation Project.

A permanent easement to install and maintain a guy wire and anchor at or near and right of approximate station 10+343.42 of the established centerline of the Transportation Project.

A permanent easement to install and maintain guardrail right of and between approximate stations 10+308.00 and 10+314.00 of the established centerline of the Transportation Project.

A temporary easement to enter upon land of the Grantor, during the period of construction, to remove and reset a Department of Fish & Wildlife sign, at or near and right of approximate station 10+300.00 of the established centerline of the Transportation Project.

A temporary easement to enter upon land of the Grantor, during the period of construction, to remove a picnic sign, at or near and right of approximate station 10+313.00 of the established centerline of the Transportation Project.

Construction of the Transportation Project will eliminate the Grantor's existing access located at or near and right of approximate station 10+309 of the established centerline of the Transportation Project. To mitigate elimination of the Grantor's access to Vermont Route 108, VTrans will allow the Grantor the right to use an access to be located at or near and right of approximate station 10+470 of the established centerline of the Transportation Project and the existing parking area. VTrans also will construct a recreational path to connect land of VTrans and land of the Grantor, and provide further access to Grantor from the parking area to the adjacent land of the Grantor.

This Executive Order shall take effect upon signing.

Dated July 2, 2010.
3APPENDIX V.S.A. § 26 — VT Code / Title 3APPENDIX / Chapter 33 / Section 26
§ 33-26. Exec. Order No. 33-26 (No. 07-19) [Drug Utilization Review Board]
Status: in_force

WHEREAS, the State of Vermont participates in the Medicaid program; and

WHEREAS, the Omnibus Budget Reconciliation Act of 1990 (the “Act”), codified at 42 U.S.C.§ 1396r-8(g), requires the establishment of a drug use review program for states that participate in Medicaid; and

WHEREAS, the drug use review program must assure that outpatient drug claims for prescription drugs are appropriate, medically necessary and are not likely to result in adverse medical results; and

WHEREAS, the Act requires a Drug Use Review Board be established to carry out the requirements of the program under the sponsorship of the state Medicaid agency.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor, do hereby amend and reconstitute a Drug Utilization Review Board (the “Board”), as follows:

I. Composition and Appointments.

The Drug Utilization Review Board created by this Executive Order shall be a continuation and successor to the Board established by Executive Order No. 08-10 (codified at Executive Order No. 33-20), dated September 8, 2010.

Members of the Board on the effective date of this Executive Order shall be reappointed by the Commissioner of the Department of Vermont Health Access and shall be divided into three classes, as nearly equal in number as possible, designated as Class I, Class II and Class III. Class I members shall initially serve until August 31, 2020; Class II members shall initially serve until August 31, 2021; and Class III members shall initially serve until August 31, 2022. Board members appointed to succeed members whose terms expire shall be appointed for staggered three-year terms expiring on August 31st of the third year following their appointment.

At least one-third, but not more than half, of the Board's membership shall be licensed and actively practicing physicians appointed by the Commissioner of the Department of Vermont Health Access with the approval of the Governor.

At least one-third of the membership of the Board shall be licensed and actively practicing pharmacists appointed by the Commissioner of the Department of Vermont Health Access with the approval of the Governor.

The Board may include other members as proposed by the Commissioner of the Department of Vermont Health Access and approved by the Governor.

In case of any increase or decrease, from time to time, in the number of Board members, the number of members in each class shall be apportioned as nearly equally as possible.

The Chair shall be elected by vote of the members.

II. Charge.

The Board shall carry out the duties and responsibilities required by federal and State law and shall participate in the efforts of the Department of Vermont Health Access to assure that prescriptions for Medicaid patients are appropriate, medically necessary and not likely to result in adverse medical results.

Specifically, the Board shall:

(a) approve any standards utilized in both prospective and retrospective drug utilization review;

(b) evaluate the results of the application of standards to Medicaid claims data to identify utilization patterns which suggest drug therapy problems;

(c) determine the content and methodology of specific activities to educate practitioners on common therapy problems;

(d) provide ongoing educational interventions for practitioners targeted through retrospective review; and

(e) report annually to the Commissioner of the Department of Vermont Health Access concerning the nature and scope of retrospective drug utilization review and educational activity.

Members of the Board who are not otherwise employed by the State may receive per diem compensation in accordance with 32 V.S.A. § 1010(e), subject to the availability of funding.

The Board shall be attached to the Department of Vermont Health Access for administrative support.

III. Effective Date.

This Executive Order shall take effect upon signing and shall supersede and replace Executive Order No. 08-10 (codified at Executive Order No. 33-20), dated September 8, 2010.

Dated September 5, 2019
3 V.S.A. § 209 — VT Code / Title 3 / Chapter 9 / Section 209
§ 209. Efficiency and cooperation; transfer of personnel; rules of Governor
Status: in_force

The Governor shall provide for and require a practical working system to ensure efficiency and mutual helpfulness among the departments specified in this chapter. The Governor may transfer, temporarily or permanently, subordinates of any one of such departments to another department as the needs of the State may seem to the Governor to require. The Governor shall adopt and have power to enforce such rules as the Governor may see fit for the conduct of such departments and alter or add to the same in the Governor's discretion.
3APPENDIX V.S.A. § 14 — VT Code / Title 3APPENDIX / Chapter 3 / Section 14
§ 3-14. Exec. Order No. 3-14 (No. 56-88) [Agencies Required To File Proposed and Emergency Administrative Rules With Interagency Committee on Administrative Rules; Study of Scope of and Limitations on Rulemaking]
Status: in_force

Superseded and replaced by Executive Order No. 04-10 (codified as Executive Order No. 3-52), dated July 2, 2010.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 23 / Section 1
§ 23-1. Exec. Order No. 23-1 (No. 20-70) [Truck Permit Section]
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. § 2804 — VT Code / Title 3 / Chapter 51 / Section 2804
§ 2804. Personnel designation
Status: in_force

The Secretary, Deputy Secretary, commissioners, deputy commissioners, attorneys, and all members of boards, committees, commissions, or councils attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by laws, all other positions shall be within the classified service.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 16 / Section 4
§ 16-4. Exec. Order No. 16-4 (No. 03-09) [University of Vermont-Vermont State Colleges Task Force]
Status: in_force

Expired by its own terms, effective March 15, 2010.
3 V.S.A. § 477 — VT Code / Title 3 / Chapter 16 / Section 477
§ 477. Prior service credit
Status: in_force

An employee who has ceased being a member upon reemployment is entitled to prior service credit upon depositing in the Fund the contributions that would have been deducted from the employee's compensation had he or she remained a member with interest as set forth in section 473 of this title. The employee in order to qualify for the prior service credit must also deposit in the Fund a sum equal to the contributions that would have been contributed by the State had the employee remained a member with interest as set forth in section 473 of this title.
3APPENDIX V.S.A. § 22 — VT Code / Title 3APPENDIX / Chapter 3 / Section 22
§ 3-22. Exec. Order No. 3-22 (No. 3A-92) [Recognition, Structure and Powers of Vermont Center for Geographic Information and Transfer of Functions from Geographic Information 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. § 139 — VT Code / Title 3 / Chapter 5 / Section 139
§ 139. Immigration status
Status: in_force

(a) Notwithstanding any provision of law to the contrary, an applicant shall not be denied any professional license or certification enumerated in this title or Titles 16, 20, or 26 of the Vermont Statutes Annotated on the basis of the applicant's citizenship status or immigration status or lack thereof.

(b) If an applicant is required by State law to provide a Social Security number for the purpose of obtaining or maintaining a professional license or certification under this title or Titles 16, 20, or 26 of the Vermont Statutes Annotated, the applicant may provide a federal employer identification number, an individual taxpayer identification number, or a Social Security number; provided, however, that an applicant shall provide a Social Security number if a federal law or an interstate compact of which the State is a member requires that an applicant provide a Social Security number to obtain or maintain a professional license.
3APPENDIX V.S.A. § 18 — VT Code / Title 3APPENDIX / Chapter 20 / Section 18
§ 20-18. Exec. Order No. 20-18 (No. 03-98) [Declaration of State of Emergency for Chittenden, Franklin, and Addison Counties]
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. § 34 — VT Code / Title 3APPENDIX / Chapter 10 / Section 34
§ 10-34. Exec. Order No. 10-34 (No. 03-07) [Vermont Environmental Engineering Advisory Council]
Status: in_force

Expired by its own terms, effective June 30, 2010.
3APPENDIX V.S.A. § 15 — VT Code / Title 3APPENDIX / Chapter 33 / Section 15
§ 33-15. Exec. Order No. 33-15 (No. 05-06) [Vermont Interagency Council on Homelessness]
Status: in_force

Superseded and replaced by Executive Order No. 33-24 (codified as Executive Order No. 03-12), dated January 25, 2012.
3 V.S.A. § 495 — VT Code / Title 3 / Chapter 16 / Section 495
§ 495. Transfer of memberships
Status: repealed

(a) The words “retirement system” as used in this section shall mean and include the following:

(1) Vermont State Retirement System as established by subchapter 1 of this chapter, and including employees of certain political subdivisions under the provisions of subchapter 2 of this chapter;

(2) State Teachers' Retirement System of Vermont as established by 16 V.S.A. chapter 55; and

(3) Municipal Employees' Retirement System as established by 24 V.S.A. chapter 125.

(b) Any person who is a member of a Retirement System as defined in subsection (a) of this section may transfer his or her membership to another Retirement System, as defined in subsection (a) of this section, within one year after acceptance of office or employment that makes it possible or mandatory for him or her to participate in such other Retirement System if such acceptance of office or employment would make it impossible for him or her to continue as a contributing member of the Retirement System of which he or she has been a member.

(c) Any such person desiring so to transfer membership shall notify the board of trustees of the retirement system of which the person is a member and the board of trustees of the retirement system to which the person wishes to transfer of such intention and shall request a transfer of the total amount of the accumulated contributions standing to his or her credit in the fund of the system of which he or she is a member from said system to the retirement system to which he or she wishes to transfer his or her membership and shall request the deposit of such accumulated contributions in the fund of the system he or she intends to join. The amount to be transferred shall be the member's compensation multiplied by the actual fiscal year employer contribution rate that was in effect for each year of creditable service being transferred, plus any amount of contributions made by the member, if any. Upon transfer of membership and funds in accordance with the provisions of this section he or she shall receive credit in the system to which he or she has transferred for all accrued benefit rights based on service rendered prior to such transfer for which he or she was entitled to credit in the system from which he or she transferred.

(d) Upon becoming a member of the retirement system to which he or she has transferred, such person shall thereafter be eligible for such benefits or annuities as are provided by law in such retirement system, including the credits for previous service in the retirement system from which the person has transferred as provided in subsection (e) of this section. The average final compensation used to calculate the benefit payable at retirement shall be determined by using the earnable compensation that affords the highest consecutive years of earnings under either the system from which or to which he or she transferred. Except for the determination of the average final compensation as set forth in this subsection, the benefits for a member who transferred from one retirement system to another shall be calculated as follows:

(1) a member who transfers after July 1, 2007, and before June 30, 2008, shall have the option to have the service from the first system calculated according to the provisions of either the first or the second system at the time of retirement;

(2) a member who transfers on or before June 30, 2007, or on or after July 1, 2008, shall have his or her benefits calculated according to the provisions of the system or systems under which the benefits were accrued;

(3) when benefits calculated according to the provisions of two or more retirement systems are combined under this subsection, they may exceed the maximum percentage of average final compensation established for each plan.

(e) The Board of Trustees of the Vermont State Retirement System, the State Teachers' Retirement System of Vermont and the Municipal Employees' Retirement System are severally authorized to adopt rules as may be necessary to carry out the provisions of this section.

(f) Such provisions of subchapter 1 of this chapter, 16 V.S.A. chapter 55, and 24 V.S.A. chapter 125 as are inconsistent with the provisions hereof are hereby repealed to the extent of such inconsistency.

(g) If any provision of this section, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this section, nor provisions or applications of the statutes to which this section is in addition that can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
3 V.S.A. § 161 — VT Code / Title 3 / Chapter 7 / Section 161
§ 161. Public contract advocate
Status: in_force

(a) There is hereby imposed upon the Office of the Attorney General the duty to provide public contract advocacy for all proceedings involving contracts for basic telecommunications service under 30 V.S.A. § 226a. The Attorney General shall appoint or retain as required one or more public contract advocates who shall be knowledgeable in the fields of public utility regulation and telecommunications services.

(b) Public contract advocates shall be appointed or retained for such time as may be required to monitor, represent the public interest, and report on any contract for basic telecommunications service under 30 V.S.A. § 226a. Compensation, expenses, and support of public contract advocates shall be assessed as costs to the Department of Public Service and paid from the revenues received from the tax to finance the Department and the Public Utility Commission levied under 30 V.S.A. § 22.
3APPENDIX V.S.A. § 9 — VT Code / Title 3APPENDIX / Chapter 18 / Section 9
§ 18-9. Exec. Order No. 18-9 (No. 07-94) [Pilot Program to Eliminate Lead-Based Paint Hazards in Housing]
Status: in_force

WHEREAS, the State of Vermont has received a grant of $2,534,293 from the U.S. Department of Housing and Urban Development (“HUD”) to eliminate lead-based paint hazards in housing which is, or will be, occupied by children under the age of six (the “HUD Grant”); and

WHEREAS, the Vermont Housing and Conservation Board (“Board”) is a public instrumentality of the State of Vermont established to create affordable housing and preserve agricultural land, historic properties, important natural areas and recreational lands; and

WHEREAS, the Board, in active partnership with the Department of Housing and Community Affairs (“DHCA”), the Department of Health (“DOH”) and the Vermont Housing Finance Agency (“VHFA”), has implemented a policy which requires grantees to develop housing which is lead safe for children under six; and

WHEREAS, the HUD Grant will allow Vermont to start a pilot program to provide grants and loans to property owners to eliminate lead-based paint hazards in approximately 500 rental housing units and five owner-occupied single-family homes throughout the state; and

WHEREAS, effective and timely implementation of the HUD Grant will be a major step toward guaranteeing all Vermont children a lead-safe home and complementing the work already begun by the Board, DHCA, VHFA, DOH Childhood Lead Poisoning Prevention Program, the Abatement Coordination Team and the Lead Paint Hazard Commission.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby order the following actions:

The Vermont Housing and Conservation Board (hereinafter the “Board”) is authorized to sign a Grant Agreement with the U.S. Department of Housing and Urban Development (“HUD”) for the purpose of receiving HUD funds under the Lead-Based Paint Hazard Reduction Grant Program (the “HUD Grant”). The Board is authorized to use the HUD Grant to establish and administer a Vermont program to eliminate lead-based paint hazards in housing which is, or will be, occupied by children under age six.

The Board shall work closely with DHCA, the Department of Health Childhood Lead Poisoning Prevention Program and the Abatement Coordination Team to develop and manage a successful Pilot Program for Vermont and, as part of its Annual Report to the General Assembly, shall include a description of activities supported by the HUD Grant.

This Executive Order shall take effect upon signing.

Dated April 24, 1994.
3 V.S.A. § 1005 — VT Code / Title 3 / Chapter 27 / Section 1005
§ 1005. Administrative procedure laws; application
Status: in_force

Laws of this State relating to administrative procedure including chapter 25 of this title are not applicable to the Labor Relations Board except as set forth in this chapter.
3 V.S.A. § 843 — VT Code / Title 3 / Chapter 25 / Section 843
§ 843. Filing of adopted rules
Status: in_force

(a) An adopting authority may adopt a properly filed final proposed rule after:

(1) The passage of 45 days after filing of a final proposal under section 841 of this title, provided the agency has not received notice of objection from the Legislative Committee on Administrative Rules;

(2) Receiving notice of approval from the Legislative Committee on Administrative Rules; or

(3) Responding to an objection of the Legislative Committee on Administrative Rules under section 842 of this title. After responding to such an objection, an agency may adopt the rule without change or may make a germane change in accordance with subsection (b) of this section.

(b) The text of the adopted rule shall be the same as the text of the final proposed rule submitted under section 841, except that any germane change may be made by the agency in response to an objection or expressed concern of the Legislative Committee on Administrative Rules.

(c) Adoption shall be complete upon proper filing with the Secretary of State and with the Legislative Committee on Administrative Rules. An agency shall have eight months from the date of initial filing with the Secretary of State to adopt a rule unless extended by action or request of the Legislative Committee on Administrative Rules. The Secretary of State shall refuse to accept a final filing after that date, except that:

(1) Within 30 days after discovering that the text of a final adopted rule deviates from the text of a final proposed rule as approved by the Legislative Committee on Administrative Rules, an agency shall correct the adopted rule to conform to the final proposed rule as so approved and shall refile the adopted rule in the manner set forth in this section, along with documentation demonstrating that the refiled adopted rule conforms to the final proposed rule as approved.

(2) An agency may refile a final adopted rule in the manner set forth in this section solely for the purpose of correcting one or more typographic errors that do not change the substance or effect of the rule.

(d) Adopted rules filed shall include:

(1) a cover sheet on a form prepared by the Secretary of State containing at least the following information:

(A) the name of the agency;

(B) the title or subject of the rule;

(C) a brief summary of any changes made since the filing of the final proposed rule, including any changes in expected economic impact;

(D) a summary of the dates on which the agency complied with the procedural requirements of this chapter; and

(E) a signed and dated statement by the adopting authority that the procedural requirements of this chapter have been met and that the adopting authority approves of the contents of the filing;

(2) an adopting page as required by section 838 of this title; and

(3) the text of the rule.

(e) After adopting a rule, the agency shall create a file containing all papers used or created in that action. The file shall be retained for at least one year.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 22 / Section 2
§ 22-2. Exec. Order No. 22-2 (No. 30-86) [Vermont Life Advisory Board]
Status: in_force

WHEREAS, for 40 years, Vermont Life magazine has been an important quarterly expression of Vermont's attributes, values, and people, and has helped make the beauty, heritage, and special characteristics of our state known nationwide; and

WHEREAS, for many years a group of professional Vermont photographers, writers, and experts on Vermont have given generously of their time and talent to assist and support the editor and staff of that magazine, and have, therefore, helped maintain its high quality and independent viewpoint; and

WHEREAS, Vermont Life magazine this year celebrates its 40th anniversary as a publication;

NOW, THEREFORE, be it resolved that I, Governor Madeleine M. Kunin, by the authority vested in me, do hereby order as follows:

A Vermont Life Advisory Board is hereby created, to assist, support and advise the Secretary of Development and Community Affairs, the Editor-In-Chief of Vermont Life magazine, and staff of Vermont Life in the fulfillment of their duties.

Appointment and Terms of Members

The Advisory Board shall consist of nine members, appointed by the Secretary of the Agency of Development and Community Affairs. Terms of Board membership shall be for three years, or until vacancies are filled. Initial Board appointments shall be three for a term of one year, three for a term of two years, and three for a term of three years. Vacancies occurring among the appointed members shall be filled for the balance of the unexpired term.

Functions and Duties

The Board shall serve in an advisory capacity to the Secretary of Development and Community Affairs, and the Editor-In-Chief, on matters related to Vermont Life.

Board Meetings; Administrative Support

The Vermont Life Advisory Board shall meet at least four times per year, or at the call of the Secretary of Development and Community Affairs. Administrative support for Advisory Board activities shall be provided by Vermont Life, at the discretion of the Secretary in consultation with the Editor-In-Chief. The Secretary may also make provision for administrative support by other departments and divisions of the Agency of Development and Community Affairs, to the extent that resources permit. Expenses of the members of the Advisory Board, incident to the work of the Board, and the cost of any incidental expenses, shall be borne by Vermont Life magazine from available funds.

This Executive Order takes effect upon signing.

Dated September 16, 1986.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 5 / Section 6
§ 5-6. Exec. Order No. 5-6 (No. 13-03) [Vermont Rail Advisory Council]
Status: in_force

Superseded and replaced by Executive Order No. 5-7 (codified as Executive Order No. 13-11), dated October 20, 2011.
3 V.S.A. § 801 — VT Code / Title 3 / Chapter 25 / Section 801
§ 801. Short title and definitions
Status: in_force

(a) This chapter may be cited as the “Vermont Administrative Procedure Act.”

(b) As used in this chapter:

(1) “Agency” means a State board, commission, department, agency, or other entity or officer of State government, other than the Legislature, the courts, the Commander in Chief, and the Military Department, authorized by law to make rules or to determine contested cases.

(2) “Contested case” means a proceeding, including but not restricted to rate-making and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing.

(3) “License” includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law.

(4) “Licensing” includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.

(5) “Party” means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.

(6) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

(7) “Practice” means a substantive or procedural requirement of an agency, affecting one or more persons who are not employees of the agency, that is used by the agency in the discharge of its powers and duties. The term includes all such requirements, regardless of whether they are stated in writing.

(8) “Procedure” means a practice that has been adopted in writing, either at the election of the agency or as the result of a request under subsection 831(b) of this title. The term includes any practice of any agency that has been adopted in writing, whether or not labeled as a procedure, except for each of the following:

(A) a rule adopted under sections 836-844 of this title;

(B) a written document issued in a contested case that imposes substantive or procedural requirements on the parties to the case;

(C) a statement that concerns only:

(i) the internal management of an agency and does not affect private rights or procedures available to the public;

(ii) the internal management of facilities that are secured for the safety of the public and the individuals residing within them; or

(iii) guidance regarding the safety or security of the staff of an agency or its designated service providers or of individuals being provided services by the agency or such a provider;

(D) an intergovernmental or interagency memorandum, directive, or communication that does not affect private rights or procedures available to the public;

(E) an opinion of the Attorney General; or

(F) a statement that establishes criteria or guidelines to be used by the staff of an agency in performing audits, investigations, or inspections, in settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution, or settlement of cases, if disclosure of the criteria or guidelines would compromise an investigation or the health and safety of an employee or member of the public, enable law violators to avoid detection, facilitate disregard of requirements imposed by law, or give a clearly improper advantage to persons that are in an adverse position to the State.

(9) “Rule” means each agency statement of general applicability that implements, interprets, or prescribes law or policy and that has been adopted in the manner provided by sections 836-844 of this title.

(10) “Incorporation by reference” means the use of language in the text of a regulation that expressly refers to a document other than the regulation itself.

(11) “Adopting authority” means, for agencies that are attached to the Agencies of Administration, of Commerce and Community Development, of Natural Resources, of Human Services, and of Transportation, or any of their components, the secretaries of those agencies; for agencies attached to other departments or any of their components, the commissioners of those departments; and for other agencies, the chief officer of the agency. However, for the procedural rules of boards with quasi-judicial powers, for the Transportation Board, for the Vermont Veterans' Memorial Cemetery Advisory Board, and for the Fish and Wildlife Board, the chair or executive secretary of the board shall be the adopting authority. The Secretary of State shall be the adopting authority for the Office of Professional Regulation.

(12) “Small business” means a business employing no more than 20 full-time employees.

(13)(A) “Arbitrary,” when applied to an agency rule or action, means that one or more of the following apply:

(i) There is no factual basis for the decision made by the agency.

(ii) The decision made by the agency is not rationally connected to the factual basis asserted for the decision.

(iii) The decision made by the agency would not make sense to a reasonable person.

(B) The General Assembly intends that this definition be applied in accordance with the Vermont Supreme Court's application of “arbitrary” in Beyers v. Water Resources Board, 2006 VT 65, and In re Town of Sherburne, 154 Vt. 596 (1990).

(14) “Guidance document” means a written record that has not been adopted in accordance with sections 836-844 of this title and that is issued by an agency to assist the public by providing an agency's current approach to or interpretation of law or describing how and when an agency will exercise discretionary functions. The term does not include the documents described in subdivisions (8)(A) through (F) of this section.

(15) “Index” means a searchable list of entries that contains subjects and titles with page numbers, hyperlinks, or other connections that link each entry to the text or document to which it refers.
3APPENDIX V.S.A. § 16 — VT Code / Title 3APPENDIX / Chapter 3 / Section 16
§ 3-16. Exec. Order No. 3-16 (No. 1-91) [Transfer of Duties and Director of Office of Economic Opportunity From Agency of Human Services to Department of Prevention, Assistance, Transition, and Health Access]
Status: in_force

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 20 / Section 3
§ 20-3. Exec. Order No. 20-3 (No. 51-87) [Order Into Service of Vermont National Guardsmen for Assistance to Civilians and Authorities of State and Bennington County]
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. § 5 — VT Code / Title 3APPENDIX / Chapter 15 / Section 5
§ 15-5. Exec. Order No. 15-5 (No. 06-00) [Vermont Council on Family Violence]
Status: in_force

Superseded by Executive Order No. 11-01 (codified as Executive Order No. 15-7), dated December 3, 2001.
3 V.S.A. § 9 — VT Code / Title 3 / Chapter 1 / Section 9
§ 9. Rewards
Status: in_force

The Governor may offer a suitable reward, not exceeding the sum of $1,000.00 in any case, to be paid to a person or persons who, in consequence of such offer, apprehends or secures a person who has escaped from any institution in this State in which he or she was lawfully confined and, when requested by the Attorney General, may offer such a reward for information leading to the arrest and conviction of any person who has committed a felony in this State. The Commissioner of Finance and Management shall issue his or her warrant for the amount of such reward in favor of the person whom the Governor certifies to be entitled to the same.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 29 / Section 1
§ 29-1. Exec. Order No. 29-1 (No. 38-79) [Transfer of Equipment and Property From Department of Public Safety to Vermont Criminal Justice Training Council]
Status: in_force

WHEREAS, the Vermont Criminal Justice Training Council, pursuant to section 2 of No. 57 of the Public Acts of 1979, is no longer attached to the Department of Public Safety for administrative purposes, and

WHEREAS, the Department of Public Safety and the Vermont Criminal Justice Training Council, by its Executive-Director, have agreed on an inventory of equipment needed for training of criminal justice personnel at the Vermont Policy Academy at Pittsford, Vermont,

NOW THEREFORE, I, Richard A. Snelling, as Governor of the State of Vermont, do hereby transfer all equipment and property of the State of Vermont presently utilized by the Council for training and training related purposes from the Department of Public Safety to the Vermont Criminal Justice Training Council, effective July 1, 1979.

Dated August 30, 1979.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 22 / Section 5
§ 22-5. Exec. Order No. 22-5 (No. 16-03) [Lake Champlain Quadricentennial Commission]
Status: in_force

Expired by its own terms, effective June 30, 2010.
3APPENDIX V.S.A. § 34 — VT Code / Title 3APPENDIX / Chapter 20 / Section 34
§ 20-34. Exec. Order No. 20-34 (No. 04-07) [Declaration of State of Emergency and Activation of Emergency Operations Plan for State of Vermont]
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. § 10 — VT Code / Title 3APPENDIX / Chapter 10 / Section 10
§ 10-10. Exec. Order No. 10-10 (No. 68-88) [State Agencies Designated as Having Programs Affecting Land Use or Exempted From Compliance With All Provisions of Growth Management Act of 1988 (Act 200); Establishment of and R]
Status: in_force

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.
3APPENDIX V.S.A. § 35 — VT Code / Title 3APPENDIX / Chapter 10 / Section 35
§ 10-35. Exec. Order No. 10-35 (No. 06-07) [Governor's Commission on the Future of State Parks]
Status: in_force

Expired by its own terms, effective December 2008.
3 V.S.A. § 2510 — VT Code / Title 3 / Chapter 47 / Section 2510
§ 2510. Findings
Status: in_force

The General Assembly finds that a number of programs and tax credits have been established that encourage the development of businesses and jobs in the State of Vermont. The General Assembly also finds that some beneficiaries leave this State before the State derives any benefit from the assistance. Therefore, it is the public policy of the State of Vermont to recapture any benefits that it has granted to any business if, within a qualified period after the benefit was bestowed, that business decides to leave the State or to otherwise curtail its activity to a point lower than represented when the benefit was granted.
3APPENDIX V.S.A. § 38 — VT Code / Title 3APPENDIX / Chapter 3 / Section 38
§ 3-38. Exec. Order No. 3-38 (No. 05-99) [Year 2000 Remediation]
Status: in_force

Expired by its own terms, effective January 1, 2001.
3 V.S.A. § 1006 — VT Code / Title 3 / Chapter 27 / Section 1006
§ 1006. Short title
Status: in_force

This chapter may be cited as “State Employee Labor Relations Act.”
3 V.S.A. § 151 — VT Code / Title 3 / Chapter 7 / Section 151
§ 151. Election and term
Status: in_force

An Attorney General shall be elected at the same time and in the same manner as provided for the election of other State officers. He or she shall be sworn to the faithful discharge of his or her duties. His or her term of office shall commence when his or her election is declared by the committee appointed by the Senate and House of Representatives to canvass the votes, agreeably with 17 V.S.A. § 2592, or when elected by the General Assembly pursuant to said section, and continue for a term of two years.
3 V.S.A. § 5 — VT Code / Title 3 / Chapter 1 / Section 5
§ 5. Counsel
Status: in_force

The Governor may employ counsel in behalf of the State in any State department or office, when, in his or her judgment, the protection of the rights and interests of the State demands it.
3APPENDIX V.S.A. § 58 — VT Code / Title 3APPENDIX / Chapter 29 / Section 58
§ 29-58. Exec. Order No. 29-58 (No. 01-22) [Transfer of Property in Williston from the Department of Buildings and General Services to Agency of Transportation]
Status: in_force

WHEREAS, certain State-owned land located in the Town of Williston, County of Chittenden, herein “the “Property,” is presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services (“BGS” or “Grantor”); and

WHEREAS, the Agency of Transportation (“VTrans” or “Grantee”) requires jurisdiction and control of certain permanent and temporary easements over the Property for the construction of a park and ride off of Vermont Route 2A known as Transportation Project Williston CMG PARK (29).

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

Being part of the same land and premises conveyed to the State of Vermont, by and through BGS, by the Warranty Deed of Exit 12 Realty LLC, dated July 24, 2017, and recorded in Book 546, Pages 427 and 428 of the Town of Williston land records and being more particularly described as follows:

Being Parcel #1 consisting of 2,376 square feet, more or less, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheets B1 and 1 of the plans of Transportation Project Williston CMG PARK (29) (“the Transportation Project”) to be filed in the office of the Clerk of the Town of Williston.

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

All of Grantor's right, title and interest in and to: stones, left of and between approximate stations 98+98.34 and 99+96.91 of the established centerline of the Transportation Project; and a fence, left of and between approximate stations 20+68.79 and 20+74± of the Frontage Road centerline of the Transportation Project.

A permanent easement to discharge water on land of the Grantor as such water may hereafter be discharged or flow at or near and left of approximate station 98+04± of the established centerline of the Transportation Project. This easement is subject to the terms and conditions of Stormwater Discharge Permit No. 7394-9015, as the same may be amended from time to time.

A permanent easement to construct and maintain a culvert and a drainage ditch in an area of 0.19 acres (8,382 square feet), more or less, left of and between approximate stations 98+04± and 102+37.30 of the established centerline of the Transportation Project.

A permanent easement to extend and maintain highway slopes and embankments in an area of 3,007 square feet, more or less, between a point at or near and left of approximate station 98+04± of the established centerline of the Transportation Project and a point at or near and left of approximate station 14+87.19 of the Frontage Road centerline of the Transportation project.

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

Temporary easements, during the period of construction, to enter upon land of the Grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence, drive apron and utility installation, slope work and undertake general construction functions: in an area of 2,545 square feet, more or less, between a point at or near and left of approximate station 98+04± of the established centerline of the Transportation Project and a point at or near and left of approximate station 15+65 of the Frontage Road centerline of the Transportation Project; in an area of 288 square feet, more or less, left of and between approximate stations 99+83 and 101+00 or the established centerline of the Transportation Project; in an area of 223 square feet, more or less, left of and between approximate stations 16+01 and 16+42 of the Frontage Road centerline of the Transportation Project; in an area of 1,113 square feet, more or less, left of and between approximate stations 16+88 and 18+36 of the Frontage Road centerline of the Transportation Project; in an area of 2,737 square feet, more or less, left of and between approximate stations 19+45 and 20+28 of the Frontage Road centerline of the Transportation Project; and in an area of 625 square feet, more or less, left of and between approximate stations 102+28 and 102+44 of the established centerline of the Transportation Project.

A permanent easement to enter upon land of the Grantor, during the period of construction, to construct an access to provide ingress and egress over a paved road, including utilities, in an area of 0.96 acres (41,742 square feet), more or less, between a point at or near and right of approximate station 14+64.89 of the Frontage Road centerline of the Transportation Project and a point at or near and left of approximate station 104+41± of the established centerline of the Transportation Project.

A permanent easement in an area of 0.27 acres (11,747 square feet), more or less, between a point at or near and right of approximate station 15+39.10 of the Frontage Road centerline of the Transportation Project and a point at or near and left of approximate station 104+42± of the established centerline of the Transportation Project, to install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto, hereinafter referred to as facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of the Grantor. This easement also includes the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by the Grantee, for the safe and efficient operation and maintenance of the Transportation Project. The Grantor, its successors and/or assigns, will not, without the prior written permission of the Grantee: erect or permit the erection of any building or any other structure; plant or permit the growth of any trees or bushes; change the grade or permit the change of grade, or fill or excavate within this easement area which will adversely affect the maintenance and operation by the Grantee, its successors and assigns.

This Executive Order shall take effect upon execution.

Dated January 20, 2022
3 V.S.A. § 473a — VT Code / Title 3 / Chapter 16 / Section 473a
§ 473a. Periodic actuarial reports
Status: in_force

The Board shall cause to be made an actuarial reevaluation of the rate of member contributions deducted from earnable compensation pursuant to subdivision 473(b)(2) of this title, on a periodic basis at least every three years, to determine whether the amount deducted is necessary to make the contributions picked up and paid by the State for such members cost neutral to the General Fund. The actuarial reevaluation shall consider all relevant factors, including federal tax law changes. The Board shall report the results of the actuarial reevaluation to the General Assembly together with any recommendations for adjustment in the members' contribution rate under subdivision 473(b)(2) of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.
3 V.S.A. § 523 — VT Code / Title 3 / Chapter 17 / Section 523
§ 523. Vermont Pension Investment Commission; duties
Status: in_force

(a) General. The Vermont Pension Investment Commission shall be responsible for the investment of the assets of the Vermont State Teachers' Retirement System, the Vermont State Employees' Retirement System, and the Vermont Municipal Employees' Retirement System pursuant to section 472 of this title, 16 V.S.A. § 1943, and 24 V.S.A. § 5063. The Commission shall strive to maximize total return on investment, within acceptable levels of risk for public retirement systems, in accordance with the standards of care established by the prudent investor rule under 14A V.S.A. § 902. The Commission may, in its discretion, subject to approval by the Attorney General, also enter into agreements with municipalities administering their own retirement systems to invest retirement funds for those municipal pension plans. The State Treasurer shall serve as the custodian of the funds of all three retirement systems. The Commission may, in its discretion, also enter into agreements with the State Treasurer to invest the State Employees' Postemployment Benefits Trust Fund, established in section 479a of this title, and the Retired Teachers' Health and Medical Benefits Fund, established in 16 V.S.A. § 1944b.

(b) Powers and duties. The Commission shall have the following duties:

(1) Set the following actuarial assumptions:

(A) the investment rate of return;

(B) the inflation rate; and

(C) the smoothing rate method used for the actuarial valuation of assets and returns.

(2) Not more than 180 days after the end of each fiscal year, conduct an asset allocation study that reviews the expected return of each fund, including a risk analysis using best practices methodologies to estimate potential risks to the fund's asset values over a five-, 10-, and 20-year period and the remainder of the statutory amortization period. The study shall be submitted to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations and the Office of the Governor and made publicly available within 10 days of completion.

(c) Recordkeeping. The Commission shall keep a record of all its proceedings, which shall be open for public inspection.

(d) Policies. The Commission shall formulate policies and procedures deemed necessary and appropriate to carry out its functions, including a written statement of the responsibilities of and expectations for the Chair of the Commission and standards of conduct for members and employees of the Commission in order to maintain and promote public confidence in the integrity of the Commission. The standard of conduct policies shall prohibit members and employees from receiving or soliciting any gift, including meals, alcoholic beverages, travel fare, room and board, or any other thing of value, tangible or intangible, from any vendor or potential vendor of investment services, management services, brokerage services, and other services to the Commission.

(e) Contracts. Contracts approved by the Commission and related documents may be executed by the Chair or, in the Chair's absence, the Vice Chair.

(f) Asset and liability study. Beginning on July 1, 2023, and every three years thereafter, based on the most recent actuarial valuations of each Plan, the Commission shall study the assets and liabilities of each Plan over a 20-year period. The study shall:

(1) project the expected path of the key indicators of each Plan's financial health based on all current actuarial and investment assumptions; current contribution and benefit policies, including the Plans' mark-to-market funded ratio; actuarially required contributions by source; payout ratio; and related liquidity obligations; and

(2) project the effect on each Plan's financial health resulting from:

(A) possible material deviations from Plan assumptions in investment assumptions, including returns versus those expected and embedded in the actuary's estimate of actuarially required contributions and any material changes in capital markets volatility; and

(B) possible material deviations from key plan actuarial assumptions, including retiree longevity, potential benefit increases, and inflation.

(g) Changes to actuarial rate of return. Any changes to the actuarial rate of return shall be made by the Commission.

(h) Annual reports.

(1) Beginning on January 15, 2022, and every year thereafter, the Commission shall submit to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations:

(A) a report on the performance of each Plan versus its demographic investment and other actuarial assumptions over a three-, five-, seven-, and 10-year period and the funding ratio of each Plan to each Plan beneficiary at the end of each fiscal year; and

(B) a report on the status of the funding and investment performance of each Plan and any relevant information from the asset liability and scenario testing completed during the prior fiscal year.

(2) The Commission shall send to each participant or beneficiary of each Plan a written or electronic copy of the report described in subdivision (1) of this subsection, in the format authorized by the participant or beneficiary. The report shall be consolidated with any other reports required to be sent by the Commission to the participants or beneficiaries of each Plan.
3 V.S.A. § 213 — VT Code / Title 3 / Chapter 9 / Section 213
§ 213. Declaration of policy
Status: in_force

(a) It is the policy of the State of Vermont that the Executive Branch of the State government created by the constitution shall be organized into the separate offices of the elected constitutional State officers and such administrative agencies and departments as may be created by law. All administrative bodies in the Executive Branch shall be placed within one of the foregoing agencies or departments to ensure proper executive supervision by the Governor.

(b) It is also the policy of the State of Vermont that, for the purpose of clarity and uniformity, all agencies of the Executive Branch of the State government shall be headed by secretaries; that all administrative departments of the Executive Branch of the State government shall be headed by commissioners; that all major divisions of administrative departments shall be known as divisions and shall be headed by a director; that the major groups within the administrative departments shall be known as boards; and that all other groups within the department shall be known as councils.
3APPENDIX V.S.A. § 17 — VT Code / Title 3APPENDIX / Chapter 20 / Section 17
§ 20-17. Exec. Order No. 20-17 (No. 02-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Grand Isle County]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3 V.S.A. § 812 — VT Code / Title 3 / Chapter 25 / Section 812
§ 812. Decisions and orders
Status: in_force

(a) A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified forthwith either personally or by mail of any decision or order. A copy of the decision or order shall be delivered or mailed forthwith to each attorney of record and to each party not having an attorney of record. That mailing shall constitute actual knowledge to that person or party.

(b) When a decision or order is approved for issue by a board or commission, the decision or order may be signed by the chair or vice chair on behalf of the issuing board or commission.
3 V.S.A. § 476a — VT Code / Title 3 / Chapter 16 / Section 476a
§ 476a. Alternate payee; domestic relations orders
Status: in_force

(a) As used in this section:

(1) “Alternate payee” means any individual who is recognized by a domestic relations order as having a right to receive all, or a portion of, another individual's payment rights in the Retirement System.

(2) “Domestic relations order” means a judgment, decree, or order of the Family Division of the Superior Court issued pursuant to 4 V.S.A. chapter 10, concerning marital property rights that includes a transfer of all, or a portion of, a member's or beneficiary's payment rights in the Retirement System to an alternate payee. It also means a judgment, decree, or order from a court of competent jurisdiction in another state, concerning marital property rights that includes a transfer of all, or a portion of, a member's or beneficiary's payment rights in the Retirement System to an alternate payee. Domestic relations orders shall conform to the requirements of this section in order to be effective. A domestic relations order does not take effect until it is served on the Retirement System by certified or registered mail, return receipt requested. In the event that there is more than one domestic relations order, the order that is most recent in time and that has been served on the Retirement System will control.

(b) A member's or beneficiary's rights in the Retirement System may be modified by a domestic relations order as provided in this section.

(c) A domestic relations order shall contain all of the following elements:

(1) the identity of the member or beneficiary and the alternate payee by full name, current address, and Social Security number;

(2) the amount or percentage of the member's or beneficiary's benefits to be paid by the Board to the alternate payee and the date or dates upon which the calculation of payments is to be based;

(3) the number of payments or time period in which payments are required to be made under the domestic relations order; and

(4) each retirement plan to which the domestic relations order applies.

(d) A domestic relations order shall not provide:

(1) for a type or form of benefit, option, or payment not available to the affected member or beneficiary;

(2) for an amount or duration of payment greater than that available to the affected member or beneficiary;

(3) that payment of a retirement allowance commence before the member departs from service and commences to receive benefits;

(4) withdrawal of the member's contributions without the consent of the member and the alternate payee; or

(5) any requirements that are contrary to the intent of this section.

(e) A domestic relations order may provide for apportionment of post-retirement adjustments to the retirement allowance.

(f) Payments to the alternate payee under a domestic relations order shall be limited to the life of the member or beneficiary.

(g) An alternate payee's rights and interests under this section shall not survive the alternate payee's death and shall not be transferable by inheritance.

(h) An alternate payee's rights or interests acquired pursuant to this section are not subject to assignment, execution, garnishment, attachment, or other process. An alternate payee's rights or interests may be modified only by a domestic relations order amending the domestic relations order that established the right or interest.

(i) The Board, the Retirement System, its agents, and employees shall not be liable to any person for carrying out the terms and conditions of a domestic relations order.

(j) The Board may adopt rules to implement this section.
3APPENDIX V.S.A. § 8 — VT Code / Title 3APPENDIX / Chapter 20 / Section 8
§ 20-8. Exec. Order No. 20-8 (No. 03-95) [Activation of National Guard to Assist Vermont State Police and the City of Burlington]
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. § 2007 — VT Code / Title 3 / Chapter 41 / Section 2007
§ 2007. Effective dates of transfers
Status: in_force

For the purpose of effecting an orderly transfer of the authority, duties, powers, responsibilities, and functions to any newly created governmental unit or units, the Governor may by executive order or orders determine the date on which the transfer shall become effective. Until so ordered any State agency, department, or division and its functions shall remain operating as constituted prior to the effective date in the order. (1969, No. 245 (Adj. Sess.), § 6(3), eff. April 4, 1970.)
3 V.S.A. § 535 — VT Code / Title 3 / Chapter 18 / Section 535
§ 535. Penalties
Status: in_force

(a) Failure to comply. If a covered employer fails to be in compliance with this chapter without reasonable cause, the covered employer is subject to a penalty for each covered employee for each calendar year or portion of a calendar year during which the covered employee was not enrolled in the Program or had not opted out of participation in the Program. The amount of any penalty imposed on a covered employer for the failure to enroll a covered employee without reasonable cause is determined as follows:

(1) prior to October 1, 2025, the maximum penalty per covered employee is $10.00;

(2) beginning on October 1, 2025 and ending on September 30, 2026, the maximum penalty per covered employee is $20.00;

(3) on or after October 1, 2026, the maximum penalty per covered employee is $75.00.

(b) Waivers. The Treasurer is authorized to establish a rule waiving the penalty for a covered employer that fails to be in compliance with this chapter for which it is established that the covered employer did not know that the failure existed and exercised reasonable diligence to meet the requirements of this chapter, provided that:

(1) no penalty shall be imposed on any failure for which it is established that the covered employer subject to liability for the penalty did not know that the failure existed and exercised reasonable diligence to meet the requirements of this chapter;

(2) no penalty shall be imposed on any failure if:

(A) the covered employer subject to liability for the penalty exercised reasonable diligence to meet those requirements; and

(B) the covered employer complies with the requirements set forth in subdivision (1) of this subsection (b) with respect to each covered employee by the end of the 90-day period beginning on the first date the covered employer knew, or exercising reasonable diligence would have known, that the failure existed; and

(3) in the case of a failure that is due to reasonable cause and not to willful neglect, the Treasurer may waive all or part of the penalty to the extent that the payment of the penalty would be excessive or otherwise inequitable relative to the failure involved.
3 V.S.A. § 341 — VT Code / Title 3 / Chapter 14 / Section 341
§ 341. Definitions
Status: in_force

As used in this chapter:

(1) “Agency” means any agency, board, department, commission, committee, or authority of the Executive Branch of State government.

(2) “Personal services contract” means a contract for services that is categorized as personal services in accordance with procedures developed by the Secretary of Administration and is consistent with subdivisions 342(1), (2), and (3) of this title.

(3) “Privatization contract” means a contract for services valued at $25,000.00 or more per year, which is the same or substantially similar to and in lieu of services previously provided, in whole or in part, by permanent, classified State employees, and which results in a reduction in force of at least one permanent, classified employee, or the elimination of a vacant position of an employee covered by a collective bargaining agreement.

(4) “Contract for services” means an agreement or combination or series of agreements by which an entity or individual agrees with an agency to provide services as a contractor, rather than as an employee.
3APPENDIX V.S.A. § 81 — VT Code / Title 3APPENDIX / Chapter 3 / Section 81
§ 3-81. Exec. Order No. 3-81 (No. 09-17) [Governor's Opioid Coordination Council]
Status: in_force

WHEREAS, opioid addiction and abuse in the State of Vermont negatively affect all people, of all ages, in all communities, at all income levels; and

WHEREAS, opioid addiction and abuse has caused and continues to cause an increase in drug trafficking and other criminal offenses throughout Vermont which erodes our way of life and endangers all Vermonters; and

WHEREAS, opioid addiction and abuse has caused an increasing number of overdose deaths in Vermont, particularly among young Vermonters; and

WHEREAS, the fight against opioid addiction and abuse continues to consume an increasing portion of scarce State resources; and

WHEREAS, because it is not feasible or effective to rely solely on state social service agencies or law enforcement to resolve the opioid crisis, all Vermonters must play an important role in helping to eradicate this scourge from our State; and

WHEREAS, to effectively meet this challenge, the State, municipalities, and all Vermonters must work together on a three-pronged approach to this crisis:

• the demand for opioids must be significantly reduced through education, the building of strong families and neighborhoods, and increased economic and job opportunities;

• those addicted to opioids must be afforded adequate and effective treatment and recovery opportunities; and

• the supply of opioids must be reduced through robust and coordinated federal, state, and local law enforcement targeting drug traffickers and through more effective means of preventing the diversion of prescription opioids; and

WHEREAS, the Governor recognizes the diversity of Vermont municipalities and the distinct differences of population, geography, and resources; and

WHEREAS, the successful fight against opioid addiction and abuse will rely on the strength of this local diversity to enable and empower local authorities to adapt recommended policies, programs, and best practices to the needs of the various communities; and

WHEREAS, the City of Rutland has seen a significant decrease in opioid-related crime after successfully implementing Project VISION, a locally-driven strategy to identify and eliminate neighborhood drug markets utilizing a creative, collaborative grass-roots effort involving individuals, families, local businesses, churches, law enforcement, community development organizations, and health care professionals; and

WHEREAS, in order to fully enable and empower local communities in their fight against opioid addiction and abuse and to build on the success of Project VISION, there is a need to ensure full coordination among State agencies, State municipalities, law enforcement, and treatment providers to strengthen Vermont's overall response to the opioid crisis through effective opioid addiction prevention, treatment, recovery and enforcement action plans.

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 Opioid Coordination Council, as follows:

I. Composition and Appointments.

The Council shall consist of the following members who shall be geographically representative of the State to the extent possible:

A. The Commissioner of Public Safety, Secretary of the Agency of Health and Human Services, and a community leader to be appointed by and serve at the pleasure of the Governor, all of whom shall serve as Co-Chairs;

B. The Commissioner of the Department of Health or designee;

C. The Attorney General, or designee;

D. The United States Attorney, District of Vermont, or designee;

E. One representative of the Vermont Mayors Coalition;

F. One representative of a local non-profit housing organization to be appointed by the Governor;

G. One educator involved in substance abuse prevention appointed by the Governor;

H. One representative of State municipalities appointed by the Vermont League of Cities and Towns;

I. One substance abuse prevention and treatment professional, appointed by the Governor;

J. One representative of the Vermont Association of Mental Health, Addiction and Recovery;

K. One representative of a designated agency appointed by the Governor;

L. One representative of the Vermont Association of Hospitals and Health Systems;

M. One representative of the Vermont Sheriffs' Association;

N. One representative of the Vermont Association of Chiefs of Police;

O. One representative of the United States Drug Enforcement Administration;

P. One first responder to be appointed by the Governor.

Q. The Chief Justice, or designee;

R. One representative of Vermont's business community to be appointed by the Governor; and

S. One at-large member to be appointed by the Governor.

Members appointed by the Governor shall serve for two-year terms, beginning as of May 1, 2017.

II. Director of Drug Policy.

The Governor shall designate a Director of Drug Policy who shall act as the Executive Director of the Council and who will support, coordinate, and monitor the progress of the Council on a day-to-day basis.

III. Council Charge and Process.

The mission of the Council will be to lead and strengthen Vermont's response to the opioid crisis by ensuring full interagency and intra-agency coordination between state and local governments in the areas of prevention, treatment, recovery and law enforcement activities. Where practicable, the Council will apply the strategies and lessons learned from VISION to other communities throughout Vermont. The Council shall initially meet at least monthly. The Council shall:

A. Identify best practices for communities to address opioid addiction and abuse in order to assist them in: (1) significantly reducing the demand for opioids through prevention and education; (2) providing treatment and recovery services to those afflicted with opioid addiction; and (3) significantly reducing the supply of illegal opioids;

B. Develop and adopt data driven performance measures and outcomes which will allow State and local community programs to determine whether they are meeting their goals and objectives in reducing opioid addiction and abuse;

C. Review existing State health, mental health, and drug and alcohol addiction laws, regulations, policies, and programs and propose changes to eliminate redundancy and break down barriers faced by communities in coordinating action with State government;

D. Propose legislation to strengthen a Statewide approach to fight opioid addiction and abuse and facilitate adaptation to the changing nature and multiple facets of the opioid crisis;

E. Consult and coordinate with federal agencies and officials as well as those in surrounding states;

F. Work in coordination with the Alcohol and Drug Abuse Council created pursuant to 18 V.S.A. 4803;

G. Report to the Governor on a quarterly basis and as otherwise required by the Governor regarding: (1) recommendations for resource, policy, and legislative or regulatory changes; and (2) progress made under State and local programs measured against established data driven performance measures; and

H. In consultation with the Director of Drug Policy, do all things necessary to carry out the purpose of this Executive Order.

The Council may designate subcommittees as necessary. The Council shall receive administrative support from the Governor's Office and the Agency of Administration.

IV. Effective Date.

This Executive Order supersedes and replaces Executive Order 02-17 (codified as 3-77). This Executive Order shall take effect upon execution.

Dated May 8, 2017.