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title-2•Title 2 — Legislature
The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated, provided as a convenience by the Vermont General Assembly. The official text is the printed Vermont Statutes Annotated published by LexisNexis.
The sessions of the General Assembly shall be held in the State House in Montpelier; except that, in case that Montpelier, in the opinion of the Governor, shall ever become an unsafe place because of an enemy attack or threatened attack upon the United States or Canada, such sessions, while such unsafe condition shall continue, shall be held elsewhere in a building or buildings to be designated from time to time by him or her.
(Amended 1959, No. 14, eff. March 4, 1959.)
The Representatives’ Hall and the Senate Chamber shall not be used for purposes other than legislation or business connected therewith, except as the two houses may by joint rule or resolution provide.
The members-elect of the Senate shall deliver their certificates of election to the President of the Senate before 10 o’clock in the forenoon of the first Wednesday next after the first Monday of January, following their election; at which time, the Senate shall be called to order by its President and the names of the Senators who have presented their certificates shall be called. When a quorum appears, the members shall take and subscribe the oath of allegiance and the oath prescribed for Representatives to the General Assembly and shall then elect a Secretary, who shall appoint an Assistant Secretary, for whose acts he or she shall be responsible. The Senate shall then appoint a committee, consisting of one Senator from each district, to join such committee as the House of Representatives appoints, to canvass the votes for Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General.
If a vacancy occurs in the Senate, the Governor shall appoint some person from the district wherein the vacancy occurs to fill the unexpired term, and shall transmit to the person so appointed a certificate of his or her appointment, and cause a certified copy thereof to be sent to the President of the Senate.
[Repealed]
1979, No. 200 (Adj. Sess.), § 120.
The Secretary of State shall make a roll, by districts, of members whose credentials have been received in the form of a certificate from the Canvassing Committee or a superseding court order, and at 10 o’clock in the forenoon of the first Wednesday next after the first Monday of January, as presiding officer, shall call the House to order and call the names of the members on the roll. When a quorum of the House appears, he or she shall direct the House to a choice of Speaker by ballot. When a Speaker is elected, he or she shall take the chair and the duties of the Secretary of State in the organization of the House shall cease.
(Amended 1979, No. 200 (Adj. Sess.), § 116.)
The House shall then elect a Clerk and on the nomination of the Speaker shall appoint a committee, consisting of three members from each district, to join such committee as the Senate appoints, to canvass the votes for Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General.
The Clerk shall appoint two assistants for whose acts he or she shall be responsible.
If a vacancy occurs in the Office of Representative to the General Assembly, the Governor shall appoint some person from the district wherein the vacancy occurs to fill the unexpired term, and shall transmit to the person so appointed a certificate of his or her appointment, and cause certified copies thereof to be sent to the Secretary of State and to the clerk of the district wherein the vacancy occurs.
(Amended 1961, No. 33, eff. March 22, 1961; 1963, No. 59, eff. April 26, 1963.)
(a) At 10 o’clock and 30 minutes, forenoon, on the seventh Thursday after their biennial meeting and organization, the Senate and House of Representatives shall meet in joint assembly and proceed therein to elect the State officers, except judicial officers, whose election by the Constitution and laws devolves in the first instance upon them in joint assembly, including the Sergeant at Arms and legislative trustees of the University of Vermont and State Agricultural College. In case election of all such officers shall not be made on that day, they shall meet in joint assembly at 10 o’clock and 30 minutes, forenoon, on each succeeding day, Saturdays and Sundays excepted, and proceed in such election, until all such officers are elected.
(b) At 10 o’clock and 30 minutes, forenoon, on the 11th Thursday after their biennial meeting and organization, and on the 11th Thursday of the second year of the biennial session, when necessary, the Senate and House of Representatives shall meet in joint assembly and proceed therein to elect the judicial officers whose election by the Constitution and laws devolves in the first instance upon them in joint assembly, including Justices of the Supreme Court and judges of all subordinate courts, except assistant judges and judges of probate. In case election of all such officers shall not be made on that day, they shall meet in joint assembly at 10 o’clock and 30 minutes, forenoon, on each succeeding day, Saturdays and Sundays excepted, and proceed in such election, until all such officers are elected.
(c) At 10 o’clock and 30 minutes, forenoon, on the seventh Thursday of the second year of the biennial session, the Senate and House of Representatives shall meet in joint assembly and proceed therein to elect the State officers, whose election by the Constitution and laws devolves in the first instance upon them in joint assembly, including the legislative trustees of the Vermont State Colleges Corporation and the Adjutant and Inspector General. In case election of all such officers shall not be made on that day, they shall meet in joint assembly at 10 o’clock and 30 minutes, forenoon, on each succeeding day, Saturdays and Sundays excepted, and proceed in such election, until all such officers are elected.
(Amended 1985, No. 98, § 8; 2021, No. 140 (Adj. Sess.), § 8, eff. May 27, 2022.)
The General Assembly shall fill all vacancies in office existing or occurring while it is in session, where the incumbents are by law elected by the General Assembly, and such officers so elected shall hold their respective offices during the unexpired term.
(a) Whenever there is a known contested election for Speaker of the House of Representatives, President Pro Tempore of the Senate, and in elections by the joint assembly of the Legislature, the Secretary of State shall prepare a ballot for each office, listing the names of the known candidates for the office in the alphabetical order of their surnames and leaving thereon sufficient blank spaces to take care of any nominations from the floor.
(b) A candidate for office shall, not later than one week preceding the election, notify the Secretary of State in writing of his or her candidacy, naming the particular office. If he or she fails so to notify the Secretary of State, his or her name shall not be printed on the ballot. No ballot may be used other than the official ballot provided by the Secretary of State.
(Added 1959, No. 115; amended 1981, No. 239 (Adj. Sess.), § 1.)
(a) At the close of each legislative day, the Secretary of the Senate and Clerk of the House of Representatives shall prepare a daily copy of the journal of their respective bodies for such day.
(b) Such journals shall contain all motions, votes, orders, and proceedings, but shall not contain any remark of a member or words spoken for or against a pending question.
(Amended 1995, No. 185 (Adj. Sess.), § 66, eff. May 22, 1996; 1997, No. 62, § 54, eff. June 26, 1997; 1999, No. 29, § 65, eff. May 19, 1999.)
Such Secretary and Clerk shall procure stenographic and other clerical assistance as they respectively deem necessary to ensure the proper, efficient, and expeditious performance of the work required by section 13 of this title. Compensation for stenographic and other clerical assistance shall be determined by the Rules Committee of the House or Senate, as the case may be, and the Commissioner of Finance and Management shall issue his or her warrant in payment therefor.
(Amended 1959, No. 328 (Adj. Sess.), § 8(b); 1977, No. 109, § 25, eff. July 3, 1977; 1983, No. 195 (Adj. Sess.), § 5(b).)
At the close of each legislative day, such Secretary and Clerk shall prepare a calendar of the measures in their files for consideration by their respective bodies on the following legislative day. A sufficient number of copies of each calendar shall be printed. They shall place one copy of such calendar on the desk of each member of their respective bodies before the opening of the morning session of the following legislative day.
Copies of the daily calendar and journal shall be immediately furnished to the printer designated by the Commissioner of Buildings and General Services. The printing of the calendar and journal shall be under the supervision of the Secretary and Clerk, and the required number of printed copies shall be delivered to the Office of Legislative Counsel before the opening of the morning session of the following legislative day. A sufficient number of copies of all the bills shall also be delivered to the Office of Legislative Counsel. Staff of the Office of Legislative Counsel shall distribute the daily calendar and journal and the bills as follows:
(1) Calendars. One copy of the daily House calendar shall be placed on the desk of each member of the House and one copy of the daily Senate calendar shall be placed on the desk of each member of the Senate. An additional number of copies of both the daily House and Senate calendars shall be made available to House and Senate members in their respective chambers upon the request of a member. Calendars shall also be published on the State legislative webpage. The number of copies required shall be determined by staff of the Office of Legislative Counsel based on their demand.
(2) Journals and bills. The daily House and Senate journals and bills shall be published on the State legislative webpage. Copies of bills shall be made upon request to House and Senate members.
(3) [Repealed.]
(Amended 1961, No. 30, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1999, No. 29, § 66, eff. May 19, 1999; 1999, No. 66 (Adj. Sess.), § 7a, eff. Feb. 8, 2000; 2001, No. 149 (Adj. Sess.), § 93, eff. June 27, 2002; 2009, No. 146 (Adj. Sess.), § G26, eff. June 1, 2010.)
[Repealed]
2005, No. 102 (Adj. Sess.), § 2.
[Repealed]
2013, No. 34, § 31.
Chaplains serving the Legislature, other than members of the Legislature, shall receive $5.00 a day to defray expenses for each day served and such sums shall be paid by the Commissioner of Finance and Management from the legislative appropriation.
(Added 1973, R-59 (Adj. Sess.); amended 1983, No. 195 (Adj. Sess.), § 5(b).)
(a) Unless otherwise provided by law, whenever it is required by statute, rule, or otherwise that an agency submit an annual, biennial, or other periodic report to the General Assembly, that requirement shall be met by submission by January 15 of copies of the report for activities in the preceding fiscal year to the Clerk of the House, the Secretary of the Senate, the Office of Legislative Counsel, and such individual members of the General Assembly or committees that specifically request a copy of the report. To the extent practicable, reports shall also be placed on the agency’s internet website. No general distribution or mailing of such reports shall be made to members of the General Assembly.
(b) For the purposes of this section, “agency” means each State agency, board, commission, or department or any division thereof.
(c) The Secretary of the Senate and the Clerk of the House shall each publish a list of reports that have been submitted to them in the calendars of their respective houses within five days of their receipt or within the first five legislative days of the biennial and adjourned sessions of the General Assembly, whichever is later.
(d) It is the intent of the General Assembly that, except for reports required by interstate compacts and except as otherwise provided by law, whenever an agency is required by law to submit an annual, biennial, or other periodic report to the General Assembly, that requirement shall no longer be required after five years or after five years from the last date that the statutory or session law section containing the report was amended, whichever date is later. In each biennial session, the Office of Legislative Counsel shall prepare for the General Assembly’s review a list of the reports subject to this subsection. A report requirement shall only expire pursuant to legislative enactment.
(Added 1975, No. 169 (Adj. Sess.), § 1, eff. March 23, 1976; amended 2003, No. 122 (Adj. Sess.), § 294; 2009, No. 33, § 1; 2015, No. 131 (Adj. Sess.), § 1; 2017, No. 74, § 1a.)
(a) No employee or former employee of the General Assembly may be compelled to give testimony or to appear and produce documentary evidence in a judicial or quasi-judicial proceeding if:
(1) the testimony or documentary evidence sought relates to a legislative duty or act performed by the employee; and
(2) neither a member of the General Assembly nor the employee is a party in the proceeding.
(b) Any order or subpoena purporting to compel testimony or the production of evidence that is prohibited under subsection (a) of this section shall be unenforceable.
(c) Official documents, as defined in subdivision 403(b)(2) of this title, shall be admissible under V.R.C.P. 44.
(Added 1981, No. 178 (Adj. Sess.), § 2; amended 2019, No. 144 (Adj. Sess.), § 13.)
(a) If a person does not comply with a legislative subpoena, a Superior Court may compel the attendance of the person, the giving of testimony, and the production of papers or other evidence, as required by the subpoena.
(b) A person may refuse to comply with a legislative subpoena on the grounds of a valid privilege.
(c) The General Assembly, by a majority vote of those present in either house, or any committee of the General Assembly having subpoena authority by a majority vote of its membership, may initiate proceedings under this section by filing a complaint with the court asking that the witness be so compelled.
(d) The failure of any witness to comply with an order of the court issued under this section shall constitute contempt of court.
(Added 1993, No. 161 (Adj. Sess.), § 1.)
(a) During adjournment of the General Assembly, any standing committee or subcommittee of a standing committee may with the appropriate approval of the Speaker or the President Pro Tempore meet at the call of its chair to conduct legislative business within the State. For attendance at such a meeting or for attendance at a meeting of a special committee or joint committee, a committee member shall be entitled to per diem compensation and expense reimbursement as follows:
(1) daily compensation at the rate then in effect for members of the General Assembly during a special session;
(2) actual mileage traveled at the rate paid State employees;
(3) receipted lodging costs and actual meal costs;
(4) other actual expenses, as reasonable and necessary.
(b) For attending to official duties out of the State, a member shall be entitled to the same per diem compensation as provided for attendance at sessions of the General Assembly. Reimbursement of necessary and actual expenses for official duties out of the State shall be made from the legislative appropriation to any member of the General Assembly or its staff. Such reimbursement and per diem compensation shall be in lieu of any other expenses payable by the State to that person during the period he or she is out of the State and shall be contingent upon:
(1) prior approval of the out-of-state duties by the Speaker of the House in the case of a House member or employee or by the President Pro Tempore of the Senate in the case of a Senator or Senate employee; and
(2) certification of the expense voucher to the Commissioner of Finance and Management by either the Speaker of the House or President Pro Tempore of the Senate in the appropriate case or designee.
(c) All per diem and expense claims for attendance at authorized committee meetings shall be submitted with the approval of the committee chair.
(Added 1971, No. 204 (Adj. Sess.), § 6, eff. March 31, 1972; amended 1973, No. 62, § 1, eff. April 24, 1973; 1983, No. 88, § 9, eff. July 3, 1983; 1983, No. 195 (Adj. Sess.), § 5(b); 1995, No. 123 (Adj. Sess.), § 8, eff. June 6, 1996; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7, § 7; 2019, No. 144 (Adj. Sess.), § 11(b) (redesignated from 2 V.S.A. § 406).)
(a) Creation. There is created the Joint Legislative Management Committee. The Committee shall provide general oversight and management across the offices of the General Assembly and shall coordinate the operations of the Office of Legislative Operations in its delivery of shared administrative services to the legislative offices and the General Assembly.
(b) Membership. The Committee shall be composed of the following members:
(1) four members of the House, which shall include representation from the Joint Fiscal Committee and the House Rules Committee, and shall consist of:
(A) the Speaker of the House; and
(B) three members of the House appointed by the Speaker, not all from the same political party; and
(2) four members of the Senate, which shall include representation from the Joint Fiscal Committee and the Senate Rules Committee, and shall consist of:
(A) the President Pro Tempore; and
(B) three members of the Senate appointed by the Committee on Committees, not all from the same political party.
(c) Appointments and terms.
(1) Appointments shall be made biennially at the same time as standing committees.
(2) Members shall serve a term of two years or until their successors are appointed. The term of a member shall end upon his or her ceasing to be a member of the General Assembly.
(3) Interim vacancies may be filled by appointment by the Committee on Committees or the Speaker of the House in the same manner as in subsection (b) of this section.
(d) Meetings. The Committee shall meet immediately following the appointment of its membership to elect a chair and a vice chair and to organize and conduct its business. The Committee may meet as often as it deems necessary and a majority of the members shall constitute a quorum for the transaction of business. Meetings may be called by the Chair or by a majority of the members.
(e) Compensation; reimbursement. For attending a meeting of the Committee when he or she is not receiving compensation as a member of the General Assembly, a member of the Committee shall be entitled to the same per diem compensation and reimbursement for necessary expenses as provided members of standing committees under section 23 of this title.
(Added 2019, No. 72, § E.126; amended 2019, No. 144 (Adj. Sess.), § 3 (redesignated from 2 V.S.A. § 451).)
(a) The Joint Legislative Management Committee shall:
(1) prepare a proposed budget for the Legislative Branch that includes a budget for each legislative office;
(2) approve requests for new, permanent positions in staff offices as appropriate, for inclusion in the proposed Legislative Branch budget;
(3) approve the reallocation of existing positions among staff offices, as appropriate;
(4) approve and adopt policies that apply across the Legislative Branch, including compensation and benefits plans, personnel policies, and policies relating to information technology; and
(5) attend to other relevant management and oversight matters.
(b) The Joint Legislative Management Committee shall have access to legal, financial, administrative, information technology, and other services from legislative offices as needed to serve the needs of the Legislative Branch.
(Added 2019, No. 144 (Adj. Sess.), § 3.)
A Sergeant at Arms shall be elected biennially by the Senate and House of Representatives in joint assembly.
(a) The Sergeant at Arms shall:
(1) execute orders of either house, the Joint Legislative Management Committee, the Committee on Joint Rules, or the House or Senate Committee on Rules;
(2) maintain order among spectators and take measures to prevent interruption of either house or any committee thereof;
(3) arrange for special meetings and conferences at the State House;
(4) provide for the distribution of mail to all legislators;
(5) schedule the time for the use of rooms for committee meetings and hearings;
(6) maintain the State House and its furnishings in good repair in consultation with the State Curator;
(7) provide for the establishment of a cafeteria and supervise its operation;
(8) provide security for the State House, pursuant to the responsibilities set forth in 29 V.S.A. § 171; and
(9) perform such other duties for the benefit of the legislators as may be required by any duly authorized committee thereof.
(b) The Sergeant at Arms or any person employed by the Sergeant at Arms shall not accept any compensation or gift for the services of the Sergeant at Arms or any of the employee’s services other than the Sergeant at Arms’ or the employee’s salary, respectively. Any person who violates this provision shall be fined $25.00.
(c) The Sergeant at Arms shall not be responsible for:
(1) structural repairs or capital improvements to the State House building;
(2) the maintenance of the State House building;
(3) curating the historic State House and its collections; or
(4) the use, upkeep, or maintenance of the State House grounds.
(d) The Sergeant at Arms and employees of the Sergeant at Arms shall seek guidance from and operate in accordance with policies adopted by the Joint Legislative Management Committee.
(Amended 1959, No. 329 (Adj. Sess.), § 47, eff. March 1, 1961; 1961, No. 231, § 1, eff. July 25, 1961; 1971, No. 213 (Adj. Sess.), § 1, eff. April 3, 1972; 1999, No. 148 (Adj. Sess.), § 45, eff. May 24, 2000; 2017, No. 84, § 24, eff. June 16, 2017; 2019, No. 144 (Adj. Sess.), § 1; 2021, No. 156 (Adj. Sess.), § 3, eff. May 31, 2022.)
[Repealed]
2019, No. 144 (Adj. Sess.), § 1.
(a) The Sergeant at Arms may employ assistants, custodians, doorkeepers, guides, messengers, mail and room assignment clerks, security personnel, pages, and other staff as needed to carry out the Sergeant at Arms’ duties, except that requests for new, permanent positions shall be subject to the approval of the Joint Legislative Management Committee. The Sergeant at Arms shall also appoint Capitol Police officers as set forth in section 70 of this chapter.
(b) All individuals employed by the Sergeant at Arms shall be subject to the personnel policies adopted by the Joint Legislative Management Committee.
(c) The provisions of 3 V.S.A. chapter 13 (classification of State personnel) shall not apply to employees of the Sergeant at Arms unless this exception is partially or wholly waived by the Joint Legislative Management Committee.
(Added 1959, No. 329 (Adj. Sess.), § 49, eff. March 1, 1961; amended 1971, No. 213 (Adj. Sess.), § 2, eff. April 3, 1972; 1975, No. 196 (Adj. Sess.), § 8; 1977, No. 109, § 26, eff. July 3, 1977; 1979, No. 141 (Adj. Sess.), § 4a; 1995, No. 13, § 1; 1997, No. 147 (Adj. Sess.), § 44; 1999, No. 29, § 47, eff. May 19, 1999; 2011, No. 103 (Adj. Sess.), § 1; 2019, No. 144 (Adj. Sess.), § 1.)
[Repealed]
1999, No. 148 (Adj. Sess.), § 48, eff. May 24, 2000.
The Chief Doorkeeper of the House of Representatives shall be ex officio Deputy Sergeant at Arms.
(Added 1959, No. 329 (Adj. Sess.), § 52, eff. March 1, 1961.)
The Sergeant at Arms shall propose a budget for the Office of Sergeant at Arms to the Joint Legislative Management Committee.
(Added 2019, No. 144 (Adj. Sess.), § 1.)
(a) Creation. The Capitol Police Department is created within the Office of the Sergeant at Arms. The Sergeant at Arms shall appoint and may remove, at his or her pleasure, individuals as Capitol Police officers, one of whom shall be appointed to serve as Chief. All such positions shall be exempt State employees. The Chief shall supervise the officer force under the direction of the Sergeant at Arms. Such appointments and all oaths or affirmations shall be in writing and filed with the Sergeant at Arms. An officer shall also serve as a Deputy Sergeant at Arms and as a notary public pursuant to 24 V.S.A. § 442.
(b) Powers; training.
(1) A Capitol Police officer shall have all the same powers and authority as sheriffs and other law enforcement officers anywhere in the State, which shall include the authority to arrest persons and enforce the civil and criminal laws, keep the peace, provide security, and serve civil and criminal process. For this purpose, a Capitol Police officer shall subscribe to the same oaths required for sheriffs.
(2) Notwithstanding any other provision of law to the contrary, a Capitol Police officer shall be a Level II or Level III law enforcement officer certified by the Vermont Criminal Justice Council pursuant to the provisions of 20 V.S.A. chapter 151, except that the Chief of the Capitol Police shall be a Level III certified law enforcement officer.
(c) Coordination of Capitol Complex security. The Capitol Police Department shall provide security within the State House and assist the Commissioner of Buildings and General Services in providing security and law enforcement services within the Capitol Complex, pursuant to the memorandum of understanding required by 29 V.S.A. § 171(f).
(d) Training; equipment. At State expense and with the approval of the Sergeant at Arms, Capitol Police officers shall be provided with training and furnished uniforms and equipment necessary in the performance of their duties, and such items shall remain the property of the State.
(e) Strategic plan. The Sergeant at Arms, in consultation with the Chief, shall prepare, maintain, and update, at least biennially, a strategic plan for the Capitol Police Department, which shall be subject to review and approval by the Joint Legislative Management Committee.
(Added 1999, No. 29, § 46, eff. May 19, 1999; amended 1999, No. 148 (Adj. Sess.), § 46, eff. May 24, 2000; 2011, No. 103 (Adj. Sess.), § 2; 2013, No. 141 (Adj. Sess.), § 10, eff. July 1, 2015; 2015, No. 2, § 1, eff. March 12, 2015; 2015, No. 2, § 2; 2015, No. 88 (Adj. Sess.), § 2, eff. May 6, 2016; 2017, No. 87 (Adj. Sess.), § 56, eff. Feb. 13, 2018; 2019, No. 144 (Adj. Sess.), § 1.)
[Redesignated]
2019, No. 144 (Adj. Sess.), § 11(a).
[Repealed]
1965, No. 81, § 11.
[Repealed]
1965, No. 81, § 11.
The Commission heretofore created for the promotion of uniformity of legislation shall consist of four lawyers, to be appointed by the Governor, each of whom shall serve for the term of five years commencing on the first day of February following his or her appointment. In the month of January, the Governor shall appoint one commissioner to succeed the commissioner whose term so expires. A vacancy in such office shall be filled by the Governor.
(Amended 1969, No. 30, § 1, eff. March 24, 1969.)
The Commission shall examine the subjects of civil marriage and divorce, insolvency, the form of notarial certificates, the descent and distribution of property, the acknowledgment of deeds, the execution and probate of wills, the law of incorporation of business corporations, and other subjects upon which uniformity is desired, and shall confer with the commissioners appointed for the same purpose by other states in drafting uniform laws to be submitted for approval and adoption by the several states. It shall meet annually with the Conference of Commissioners on Uniform State Laws for the promotion of uniformity of legislation in the United States and join with it in such measures as may be deemed by such Commission expedient to advance the object of such conference.
[Repealed]
2009, No. 33, § 83(a).
The members of the Commission shall receive necessary expenses incurred in the performance of their duties. Funding to support activities of the Commission shall be provided by the Legislature.
(Amended 1959, No. 126, § 1; 1983, No. 195 (Adj. Sess.), § 5(b); 1997, No. 61, § 46.)
(a) Whenever a standing committee introduces or amends proposed legislation which delegates rulemaking authority to a State agency, the committee shall express in the legislation and, to the greatest extent possible, the intent of the legislation and the scope of the rulemaking authority being delegated. For all such proposed legislation, the committee shall make a determination, and express such determination in the legislation, as to whether such rulemaking delegation contemplates the adoption of routine technical rules or major substantive rules.
(b) For the purposes of this section:
(1) “Major substantive rules” means rules that require the exercise of significant agency discretion or interpretation in drafting, or, because of their subject matter or anticipated impact, are reasonably expected to result in a significant increase in the cost of doing business, a significant reduction in property values, the loss or significant reduction of government benefits or services, the imposition of State mandates on units of local governments, or other serious burdens on the public or units of local government.
(2) “Routine technical rules” means procedural rules that establish standards of practice or procedure for the conduct of business with or before an agency, and any other rules that are not major substantive rules. Routine technical rules include forms prescribed by an agency, but do not include fees established by an agency, except fees established or amended by agency rule that are below a cap or within a range established by statute.
(Added 2001, No. 149 (Adj. Sess.), § 54.)
[Repealed]
1989, No. 160 (Adj. Sess.), § 1, eff. April 30, 1990.
As used in this chapter:
(1) “Administrative action” means any action taken by an administrative official or by any agency, department, division, office, board, or commission of State government with regard to any proposal, drafting, development, or consideration of a policy, practice, or rule. Actions as defined by this section do not include decisions of quasi-judicial boards in contested cases.
(2) “Administrative official” means a State officer, or an officer, employee, or consultant of any agency, department, division, office, board, or commission of State government who as part of his or her official duties participates in any administrative action, other than in a solely clerical, secretarial, or ministerial capacity.
(3) “Compensation” means any salary, reward, retainer, or reimbursement received or to be received by one acting as a lobbyist, whether in the form of a fee, salary, forbearance, forgiveness, or any other form of recompense, reward, retainer, reimbursement, or combination thereof.
(4) “Employer” means any person, other than a lobbying firm, who engages the services of a lobbyist for compensation for the purpose of lobbying. A lobbyist who employs another lobbyist shall be required to register and report both as an employer and a lobbyist.
(5) “Expenditure” means a payment, distribution, loan, advance, deposit, or gift of money or anything else of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. “Expenditure” includes sums expended in connection with lobbying, including research, consulting, and other lobbying preparation and travel, meals, and lodging.
(6)(A) “Gift” means:
(i) a political contribution;
(ii) anything of value, tangible or intangible, that is bestowed for less than adequate consideration, including travel expenses such as travel fare, room and board, and other expenses associated with travel;
(iii) a meal or alcoholic beverage;
(iv) a ticket, fee, or expenses for or to any sporting, recreational, or entertainment events;
(v) a speaking fee or honorarium, except actual and reasonable travel expenses;
(vi) a loan made on terms more favorable than those made generally available to the public in the normal course of business.
(B) “Gift” does not mean:
(i) anything given between immediate family members;
(ii) printed educational material such as books, reports, pamphlets, or periodicals;
(iii) a gift which is not used and which, within 30 days after receipt, is returned to the donor or for which the donor is reimbursed for its fair market value; and
(iv) a devise or inheritance.
(7) “Legislator” means any member or member-elect of the General Assembly.
(8) “Legislative action” means any action by a legislator with regard to introduction of a bill, resolution, or amendment or with regard to any bill, resolution, amendment, report, appointment, recommendation, nomination, election, proposed or final proposed rule, or other matter proposed for consideration by or pending in the General Assembly or in any committee of the General Assembly.
(9) “Lobby” or “lobbying” means:
(A) to communicate orally or in writing with any legislator or administrative official for the purpose of influencing legislative or administrative action;
(B) solicitation of others to influence legislative or administrative action;
(C) an attempt to obtain the goodwill of a legislator or administrative official by communications or activities with that legislator or administrative official intended ultimately to influence legislative or administrative action; or
(D) activities sponsored by an employer or lobbyist on behalf of or for the benefit of the members of an interest group, if a principal purpose of the activity is to enable such members to communicate orally with one or more legislators or administrative officials for the purpose of influencing legislative or administrative action or to obtain their goodwill.
(10) “Lobbyist” means a person who receives or is entitled to receive, either by employment or contract, $500.00 or more in monetary or in-kind compensation in any calendar year for engaging in lobbying, either personally or through his or her agents, or a person who expends more than $500.00 on lobbying in any calendar year.
(11) “State officer” means the Governor, Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, and Auditor of Accounts.
(12) “Lobbying firm” means a sole proprietorship, partnership, corporation, limited liability corporation, or unincorporated association which receives or is entitled to receive $500.00 or more in monetary or in-kind compensation for engaging in lobbying, either personally or through its agents, in any calendar year and employs more than one individual lobbyist, contracts with at least one other lobbyist, or is affiliated with at least one other lobbyist.
(13) “Immediate family” means a person’s spouse or civil union partner, parent, sibling, child, or in-law, including a parent, sibling, or child of a spouse or civil union partner.
(Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 1993, No. 101, § 1; 2005, No. 99 (Adj. Sess.), § 1, eff. Jan. 1, 2007; 2007, No. 5, § 1, eff. April 12, 2007.)
The following persons are exempt from the registration and reporting provisions of this chapter:
(1) a person who engages in lobbying solely by testifying before committees of the General Assembly and agencies, departments, divisions, offices, boards, and commissions of State government and providing information requested by legislators or administrative officials;
(2) a duly-elected or appointed official or employee of the United States, the State of Vermont, or of any instrumentality, agency, or governmental subdivision of the foregoing, when acting solely in connection with matters relating to the person’s office or public duties. However, if one of the foregoing individuals or entities contracts with a lobbyist, that person or entity, as well as that lobbyist, shall comply with the provisions of this chapter;
(3) the government of the United States, of the State of Vermont, or of any instrumentality, agency, or political subdivision of the foregoing;
(4) a person who owns, publishes, or is employed by any news medium while engaged solely in the acquisition or dissemination of news on behalf of the news medium.
(Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 2005, No. 99 (Adj. Sess.), § 2, eff. Jan. 1, 2007.)
(a) On forms provided by the Secretary of State, every lobbyist shall register with the Secretary of State before, or within 48 hours of, commencing lobbying activities. A lobbyist shall file a separate registration statement for each of the lobbyist’s employers.
(b) On forms provided by the Secretary of State, every employer shall register with the Secretary of State before, or within 48 hours of, engaging a lobbyist. If an employer engages an additional lobbyist, the employer shall file a supplemental registration statement.
(c) A registration statement filed by a lobbyist shall be signed by the lobbyist and shall contain the following information:
(1) The name, mailing address, and telephone number of the lobbyist.
(2) The name of the employer and date of employment for the biennium.
(3) A description of the matters for which lobbying has been engaged by the employer.
(4) If a lobbyist is compensated, in whole or in part, by an employer for the purpose of lobbying on behalf of another person or group or coalition, the lobbyist shall provide the name of the employer, the name of the person, group, or coalition on whose behalf he or she lobbies, and a description of the matters for which lobbying has been engaged by the employer.
(5) A current passport-type photograph of the lobbyist.
(6) All subject areas for which lobbying is performed.
(d) A registration statement filed by an employer shall be signed by the employer and shall contain the following information:
(1) the name of the employer;
(2) the trade name, if any, of the employer;
(3) the mailing address and the telephone number of the employer;
(4) the contact person for the employer;
(5) the name and mailing address of each lobbyist engaged by the employer and the date of employment or contract for the biennium.
(e) A registration shall be valid from the date of filing to December 31 of the second year of a biennium, except that a registration may be made in December of an even-numbered year for the ensuing biennium.
(f) Every employer and every lobbyist shall pay an initial registration fee of $60.00.
(g) An employer shall pay a fee of $15.00 for each lobbyist engaged by the employer. A lobbyist shall pay a fee of $15.00 for each employer represented.
(h) A person who fails to file on time a statement required by this section shall pay a late registration fee of $25.00 for each day the statement is late, not to exceed $350.00.
(i) A registration shall be terminated by the Secretary of State upon written notification by the employer or lobbyist that lobbying has ceased by or on behalf of the employer or lobbyist and that the registrant has filed a final disclosure report under section 264 of this title.
(j) The Secretary of State shall prepare a list of names and addresses of lobbyists and their employers, and the list shall be published at the end of the second legislative week of each regular or adjourned session. Supplemental lists shall be published monthly during the remainder of the legislative session. On or before March 15 of the first year of each legislative biennium, the Secretary of State shall publish no fewer than 500 booklets containing an alphabetical listing of all registered lobbyists, including, at a minimum, a current passport-type photograph of the lobbyist, the lobbyist’s business address, telephone and fax numbers, a list of the lobbyist’s clients, and a subject matter index.
(Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 1993, No. 101, § 1a; 1997, No. 155 (Adj. Sess.), § 66e; 2005, No. 99 (Adj. Sess.), § 3, eff. Jan. 1, 2007; 2007, No. 5, § 2, eff. April 12, 2007; 2013, No. 142 (Adj. Sess.), § 1; 2013, No. 191 (Adj. Sess.), § 9; 2015, No. 131 (Adj. Sess.), § 17.)
(a) Every employer and every lobbyist registered or required to be registered under this chapter shall file disclosure reports with the Secretary of State as follows:
(1) on or before January 15, for the preceding period beginning on September 1 and ending with December 31;
(2) on or before February 15, for the preceding period beginning on January 1 and ending with January 31;
(3) on or before March 15, for the preceding period beginning on February 1 and ending with the last day of February;
(4) on or before April 15, for the preceding period beginning on March 1 and ending with March 31;
(5) on or before May 15, for the preceding period beginning on April 1 and ending with April 30;
(6) on or before June 15, for the preceding period beginning on May 1 and ending with May 31; and
(7) on or before September 15, for the preceding period beginning on June 1 and ending with August 31.
(b) An employer shall disclose for the period of the report the following information:
(1) A total of all lobbying expenditures made by the employer in each of the following categories:
(A) Advertising, including television, radio, print, and electronic media.
(B) Expenses incurred for telemarketing, polling, or similar activities if the activities are intended, designed, or calculated, directly or indirectly, to influence legislative or administrative action. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity.
(C) Contractual agreements in excess of $100.00 per year or direct business relationships that are in existence or were entered into within the previous 12 months between the employer and:
(i) a legislator or administrator;
(ii) a legislator’s or administrator’s spouse; or
(iii) a legislator’s or administrator’s dependent household member.
(D) The total amount of any other lobbying expenditures.
(2) The total amount of compensation paid to lobbyists or lobbying firms for lobbying. The employer shall report the name and address of each lobbyist or lobbying firm to which the employer pays compensation. It shall be sufficient to include a prorated amount based on the value of the time devoted to lobbying where compensation is to be included for a lobbyist or lobbying firm whose activities under this chapter are incidental to regular employment or other responsibilities to the employer.
(3) An itemized list of every gift the value of which is greater than $15.00, made by or on behalf of the employer to or at the request of one or more legislators or administrative officials or a member of a legislator’s or administrative official’s immediate family. With respect to each gift, the employer shall report the date the gift was made, the nature of the gift, the value of the gift, the identity of any legislators or administrative officials who requested the gift, and the identity of any recipients of the gift. Monetary gifts, other than political contributions, shall be prohibited.
(4) [Repealed.]
(c) A lobbyist shall disclose for the period of the report the following information:
(1) A total of all lobbying expenditures made by the lobbyist in each of the following categories:
(A) Advertising, including television, radio, print, and electronic media.
(B) Expenses incurred for telemarketing, polling, or similar activities if the activities are intended, designed, or calculated, directly or indirectly, to influence legislative or administrative action. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity.
(C) Contractual agreements in excess of $100.00 per year or direct business relationships that are in existence or were entered into within the previous 12 months between the lobbyist and:
(i) a legislator or administrator;
(ii) a legislator’s or administrator’s spouse; or
(iii) a legislator’s or administrator’s dependent household member.
(D) The total amount of any other lobbying expenditures.
(2) The total amount of compensation paid to a lobbyist, who is not employed by, subcontracted by, or affiliated with a lobbying firm, for lobbying, including the name and address of each registered employer who engaged the services of the lobbyist reporting. It shall be sufficient to include a prorated amount based on the value of the time devoted to lobbying where compensation is to be included for a lobbyist whose activities under this chapter are incidental to other responsibilities to the employer. A lobbyist who is employed by, subcontracted by, or affiliated with a lobbying firm shall not report individual compensation. The total compensation paid to the lobbying firm shall be reported pursuant to section 264b of this title.
(3) An itemized list of every gift, the value of which is greater than $15.00, made by or on behalf of a lobbyist to or at the request of one or more legislators or administrative officials or a member of the legislator’s or administrative official’s immediate family. With respect to each gift, the lobbyist shall report the date the gift was made, the nature of the gift, the value of the gift, the identity of any legislators or administrative officials who requested the gift, and the identity of any recipients of the gift. Monetary gifts, other than political contributions, shall be prohibited.
(4) [Repealed.]
(d) Reports for the period July 1 through December 31 shall include, in addition to the totals for the period of the report, totals for the calendar year.
(e) At the same time a report itemizing gifts is filed, the employer or lobbyist shall mail or deliver a copy of the report to the legislators and administrative officials identified in the report.
(f) If an unsolicited gift is given to a legislator or administrative official by a lobbyist or employer and the recipient does not use it and returns it to the donor within 30 days or the donor is reimbursed for its fair market value, it shall not be considered a “gift” and shall not be required to be reported as such by the donor to the Secretary of State. If the item has already been reported as a gift, the lobbyist or employer shall file an amended report with the Secretary of State.
(g), (h) [Repealed.]
(i) A lobbyist, lobbying firm, or employer who fails to file a disclosure report on time shall pay a late reporting fee of $25.00 for each day the disclosure report is late, not to exceed $350.00.
(j) A gift from a member of an interest group to, or for the benefit of, a legislator or administrative official, which is made in connection with lobbying as defined in subdivision 261(9)(D) of this title, shall be deemed to be made on behalf of the employer or lobbyist who sponsored the activity and shall be reported and itemized.
(Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 1993, No. 101, §§ 2, 3; 1997, No. 155 (Adj. Sess.), § 66f; 2005, No. 99 (Adj. Sess.), § 4, eff. Jan. 1, 2007; 2007, No. 5, § 3, eff. April 12, 2007; 2009, No. 33, § 83; 2013, No. 161 (Adj. Sess.), § 67; 2013, No. 191 (Adj. Sess.), § 10; 2015, No. 49, § 3.)
[Repealed]
2005, No. 99 (Adj. Sess.), § 7, effective Jan. 1, 2007.
(a) On forms provided by the Secretary of State, every lobbying firm shall file a listing of all lobbyists who are employed by, subcontracted by, members of, or affiliated with the lobbying firm within 48 hours of any such lobbyists commencing lobbying activities. The lobbying firm shall file an updated listing within 48 hours of any changes to the listing. Every lobbying firm shall pay an initial listing fee of $150.00.
(b) Every lobbying firm shall file a disclosure report on the same day as lobbyist disclosure reports are due under subsection 264(a) of this title, which shall include:
(1) A total of all lobbying expenditures made by the lobbying firm in each of the following categories:
(A) Advertising, including television, radio, print, and electronic media.
(B) Expenses incurred for telemarketing, polling, or similar activities if the activities are intended, designed, or calculated, directly or indirectly, to influence legislative or administrative action. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity.
(C) Contractual agreements in excess of $100.00 per year or direct business relationships that are in existence or were entered into within the previous 12 months between the lobbying firm and:
(i) a legislator or administrator;
(ii) a legislator’s or administrator’s spouse; or
(iii) a legislator’s or administrator’s dependent household member.
(D) The total amount of any other lobbying expenditures.
(2) The total amount of compensation paid to a lobbying firm for lobbying with the name and address of each registered employer who engaged the services of the lobbying firm reporting. It shall be sufficient to include a prorated amount based on the value of the time devoted to lobbying where compensation is to be included for a lobbying firm whose activities under this chapter are incidental to other responsibilities to the employer.
(3) An itemized list of every gift the value of which is greater than $15.00, made by or on behalf of the lobbying firm to or at the request of one or more legislators or administrative officials or a member of a legislator’s or administrative official’s immediate family. With respect to each gift, the lobbying firm shall report the date the gift was made, the nature of the gift, the value of the gift, the identity of any legislators or administrative officials who requested the gift, and the identity of any recipients of the gift. Monetary gifts, other than political contributions, shall be prohibited.
(4) [Repealed.]
(Added 2007, No. 5, § 4, eff. April 12, 2007; amended 2013, No. 161 (Adj. Sess.), § 68; 2013, No. 191 (Adj. Sess.), § 11; 2015, No. 23, § 138; 2015, No. 49, § 4.)
(a) Identification.
(1) An advertisement that is intended, designed, or calculated to influence legislative action or to solicit others to influence legislative action and that is made at any time prior to final adjournment of a biennial or adjourned legislative session shall contain the name of any lobbyist, lobbying firm, or lobbyist employer that made an expenditure for the advertisement and language that the advertisement was paid for, or paid in part, by the lobbyist, lobbying firm, or lobbyist employer; provided, however:
(A) if there are more than three such names, only the three lobbyists, lobbying firms, or lobbyist employers that made the largest expenditures for the advertisement shall be required to be identified; and
(B) if a lobbyist or lobbying firm made the expenditure on behalf of a lobbyist employer, the identification information set forth in subdivision (1) of this subsection shall be in the name of that lobbyist employer.
(2) This identification information shall appear prominently and in a manner such that a reasonable person would clearly understand by whom the expenditure has been made.
(b) Report.
(1) In addition to any other reports required to be filed under this chapter, a lobbyist, lobbying firm, or lobbyist employer shall file an advertisement report with the Secretary of State if he, she, or it makes an expenditure or expenditures:
(A) for any advertisement that is described in subsection (a) of this section and that has a cost totaling $1,000.00 or more; or
(B) for any advertising campaign that contains advertisements described in subsection (a) of this section and that has a cost totaling $1,000.00 or more.
(2) The report shall be made for each advertisement or advertising campaign described in subdivision (1) of this subsection and shall identify the lobbyist, lobbying firm, or lobbyist employer that made the expenditure; the amount and date of the expenditure and to whom it was paid; and a brief description of the advertisement or advertising campaign.
(3) The report shall be filed within 48 hours of the expenditure or the advertisement or advertising campaign, whichever occurs first.
(4) If a lobbyist or lobbying firm made an expenditure described in subdivision (1) of this subsection on behalf of a lobbyist employer and that lobbyist or lobbying firm filed the report required by this subsection, the report shall specifically identify the employer on whose behalf the expenditure was made.
(c) Definitions. As used in this section:
(1) “Advertisement” means a notice that appears in any of the following public media: radio, television, newspapers or other periodicals, or internet websites.
(2) “Advertising campaign” means advertisements substantially similar in nature, regardless of the media in which they are placed.
(Added 2015, No. 49, § 2.)
(a) The Secretary of State shall provide on his or her website an online database of the lobbying disclosures required under this chapter.
(1) In this database, the Secretary shall provide digital access to each form he or she shall provide to enable a person to file the statements or reports required under this chapter. Digital access shall enable such a person to file these lobbying disclosures by completing and submitting the disclosure to the Secretary of State online.
(2) The Secretary shall maintain on the online database all disclosures that have been filed digitally on it so that any person may have direct machine-readable electronic access to the individual data elements in each disclosure and the ability to search those data elements as soon as a disclosure is filed.
(b) Any person required to file a disclosure with the Secretary of State under this chapter shall sign it, declare that it is made under the penalties of perjury, and file it digitally on the online database.
(Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 1993, No. 101, § 3a; 2007, No. 5, § 5, eff. April 12, 2007; 2015, No. 49, § 5.)
(a) It shall be prohibited conduct:
(1) to employ a lobbyist or lobbying firm, or accept employment as a lobbyist or lobbying firm, for compensation that is dependent on a contingency;
(2) for a legislator or administrative official to solicit a gift, other than a contribution, from a registered employer or registered lobbyist or a lobbying firm engaged by an employer, except that charitable contributions for nonprofit organizations qualified under 26 U.S.C. § 501(c)(3) may be solicited from registered employers and registered lobbyists or lobbying firms engaged by an employer; or
(3) when the General Assembly is in session, until adjournment sine die:
(A) for a legislator, a legislator’s candidate’s committee, a legislative leadership political committee, or an administrative official to solicit a contribution from a registered lobbyist, a registered employer, or a lobbying firm engaged by an employer; or
(B) for a registered lobbyist, registered employer, or a lobbying firm engaged by an employer to make or promise a contribution to a legislator, a legislator’s candidate’s committee, or a legislative leadership political committee.
(b)(1) A legislator or an Executive officer, for one year after leaving office, shall not be a lobbyist in this State.
(2) The prohibition set forth in subdivision (1) of this subsection shall not apply to a lobbyist exempted under section 262 of this chapter.
(c) As used in this section:
(1) “Candidate’s committee,” “contribution,” and “legislative leadership political committee” shall have the same meanings as in 17 V.S.A. chapter 61 (campaign finance).
(2) “Executive officer” means:
(A) the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General; or
(B) under the Office of the Governor, an agency secretary or deputy or a department commissioner or deputy.
(Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 1993, No. 101, § 3b; 2007, No. 5, § 6, eff. April 12, 2007; 2015, No. 49, § 8; 2017, No. 79, § 1.)
[Repealed]
2015, No. 49, § 6.
The Attorney General shall investigate, on his or her own initiative or in response to a complaint filed in writing with the Attorney General, whether a violation of this chapter has occurred. The Attorney General may administer oaths, require filing of a statement under oath, take evidence, and require the production, by subpoena or otherwise, of financial records, books, papers, correspondence, and other documents and records the Attorney General considers to be relevant and material to the investigation. The Attorney General shall make a determination of each complaint filed and, at the time of resolution of a complaint which is found to have merit, shall post on the website of the Office of the Attorney General a brief summary of the complaint and resolution.
(Added 1997, No. 64, § 22; amended 2005, No. 99 (Adj. Sess.), § 5, eff. Jan. 1, 2007.)
(a) The Attorney General shall enforce the provisions of this chapter, and may bring an action in Superior Court to ensure compliance and to obtain civil penalties in the amounts described in subsection (b) of this section.
(b) The court may grant temporary and permanent injunctive relief, and may:
(1) Enjoin future activities.
(2) Order remedial actions to be taken to effect all registration and disclosure required by this chapter.
(3) Order reimbursement from any lobbyist or employer found to be in violation of this chapter.
(4) Levy a civil penalty as provided in this subdivision. A civil penalty of not more than $10,000.00 may be levied for each violation. In addition, in the case of a continuing violation, a penalty of not more than $1,000.00 may be imposed for each day the violation continues.
(Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 1993, No. 101, § 4; 2005, No. 99 (Adj. Sess.), § 6, eff. Jan. 1, 2007.)
[Repealed]
1971, No. 204 (Adj. Sess.), § 7, eff. March 31, 1972; 1971, No. 256 (Adj. Sess.), § 1, eff. March 31, 1972.
The Office of Legislative Counsel is created as a permanent agency to serve the General Assembly with nonpartisan legislative drafting, research, and other professional legal and editorial services.
(Added 1971, No. 204 (Adj. Sess.), § 1, eff. March 31, 1972; amended 2019, No. 144 (Adj. Sess.), § 2.)
(a) The Joint Legislative Management Committee shall employ an individual to be the Director and Chief Counsel of the Office of Legislative Counsel. The Committee may conduct the hiring process itself or it may delegate this duty to a special hiring committee comprising an equal number of members from the House and Senate, not all of whom shall be from the same political party; however, the Joint Legislative Management Committee shall make the final hiring decision.
(b)(1) The Director and Chief Counsel shall employ legal, editorial, and other professional staff as needed to carry out the duties of the Office of Legislative Counsel, except that requests for new, permanent positions shall be subject to the approval of the Joint Legislative Management Committee.
(2) All individuals employed by the Office of Legislative Counsel shall be subject to the personnel policies adopted by the Joint Legislative Management Committee.
(3) The provisions of 3 V.S.A. chapter 13 (classification of State personnel) shall not apply to employees of the Office of Legislative Counsel.
(Added 1971, No. 204 (Adj. Sess.), § 2, eff. Jan. 1, 1973; amended 2019, No. 144 (Adj. Sess.), § 2.)
(a) The Office of Legislative Counsel shall provide legal services to the General Assembly and its staff, including:
(1) drafting bills, resolutions, amendments, and other legal documents;
(2) providing legal research and analysis in relation to current or anticipated legislative matters;
(3) providing policy analysis of current or anticipated legislative matters;
(4) maintaining a reference library;
(5) maintaining confidential documents and other confidential materials provided to or generated by the Office in the course of business;
(6) providing contracting and other legal services to the Joint Legislative Management Committee and other legislative offices; and
(7) furnishing such other information and legal assistance with respect to legislative matters as may be required by a member, member-elect, committee or similar entity of the General Assembly, a chamber of the General Assembly, or the General Assembly as a whole, in the performance of its duties.
(b)(1)(A) All requests for legal assistance, information, and advice from the Office of Legislative Counsel; all information received in connection with research or drafting; and all confidential materials provided to or generated by the Office shall remain confidential unless the party requesting or providing the information or material designates that it is not confidential.
(B) Any draft of a report or other work in progress generated by or submitted to the Office of Legislative Counsel shall remain confidential until it has been finalized.
(2) Recordings and minutes of committee meetings, bills and amendments that have been approved for printing or introduction, and material appearing in the journals or calendars of either house are official documents and materials and shall not be confidential under this subsection.
(Added 1971, No. 204 (Adj. Sess.), § 3, eff. March 31, 1972; amended 1983, No. 88, § 13, eff. July 3, 1983; 2019, No. 144 (Adj. Sess.), § 2; 2023, No. 113 (Adj. Sess.), § E.125.1, eff. May 23, 2024.)
The Director and Chief Counsel shall propose a budget for the Office of Legislative Counsel to the Joint Legislative Management Committee.
(Added 1971, No. 204 (Adj. Sess.), § 4, eff. March 31, 1972; amended 1973, No. 60, § 1, eff. May 13, 1973; 1981, No. 178 (Adj. Sess.), § 1; 2013, No. 142 (Adj. Sess.), § 2; 2015, No. 131 (Adj. Sess.), § 18; 2019, No. 144 (Adj. Sess.), § 2.)
For the purposes of carrying out its duties, the Office of Legislative Counsel shall have access to and the right to copy any public record of all executive, administrative, and judicial departments of the State, except income and franchise tax returns and other documents classified as confidential by law.
(Added 1971, No. 204 (Adj. Sess.), § 5, eff. March 31, 1972; amended 2019, No. 144 (Adj. Sess.), § 2.)
[Redesignated]
2019, No. 144 (Adj. Sess.), § 11(b).
(a) The Office of Legislative Counsel shall continuously maintain and update a formal topical revision of existing permanent statutory law to be known as the Vermont Statutes Annotated. The topical revision shall be arranged in a systematic and annotated form that is consolidated into the smallest practical number of volumes and indexes.
(b) The Office of Legislative Counsel, on behalf of the State of Vermont, shall hold the copyright to the Vermont Statutes Annotated.
(Added 2001, No. 30, § 1; amended 2019, No. 144 (Adj. Sess.), § 2.)
(a) The Office of Legislative Counsel shall contract with a competent legal publisher to revise and publish the Vermont Statutes Annotated.
(b) The contract for publishing the Vermont Statutes Annotated shall provide for the annual editing and publishing of cumulative pocket part supplements after each biennial and adjourned legislative session for the duration of the contract. The cumulative pocket part supplements shall include all codified laws enacted during the concluded biennial or adjourned session of the General Assembly, and during any special session that has occurred since the last annual publication. Each edition of the cumulative pocket part supplements to the Vermont Statutes Annotated shall include all annotations of constructions of the Vermont Supreme Court and all federal courts of the United States, available at the closing date of each edition of the pocket parts.
(c) The contracted publisher shall, as provided in the contract, publish replacement volumes of existing titles, or separate volumes of new titles, of the Vermont Statutes Annotated.
(Added 2001, No. 30, § 1; amended 2019, No. 144 (Adj. Sess.), § 2.)
(a) The Office of Legislative Counsel shall require the contracted publisher to deliver the cumulative pocket parts and separate supplements to the Vermont Statutes Annotated prior to the convening of the next session of the General Assembly, which shall include a certificate of authenticity that the Office of Legislative Counsel shall issue. The certificate shall entitle the statutes contained in the cumulative pocket parts and separate supplements to admission in all the courts of Vermont as prima facie evidence of the law.
(b) The Office of Legislative Counsel shall require the contracted publisher to deliver new and replacement volumes of the Vermont Statutes Annotated with a certificate of authenticity that the Office of Legislative Counsel shall issue. The certificate shall entitle the statutes contained in the new and replacement volumes to admission in all the courts of Vermont as prima facie evidence of the law.
(c) A certificate of authority issued by the Statutory Revision Commission pursuant to the authority of the former 1 V.S.A. § 4 shall continue to entitle a cumulative pocket part and separate supplement, or a new and replacement volume, for which it was issued to admission in all the courts of Vermont as prima facie evidence of the law.
(d) The Vermont Statutes Annotated may be cited as “V.S.A.”
(Added 2001, No. 30, § 1; amended 2019, No. 144 (Adj. Sess.), § 2.)
In preparing an individual act for codification in the Vermont Statutes Annotated or publication in the Acts and Resolves, the Office of Legislative Counsel may not alter the sense, meaning, or effect of any act of the General Assembly, but it may:
(1) renumber and rearrange sections or parts of sections;
(2) transfer sections or divide sections so as to give separate section numbers to distinct subject matters, but without changing the meaning;
(3) insert or change the wording of headnotes;
(4) change reference numbers to agree with renumbered chapters or sections;
(5) substitute the proper section or chapter number for the terms “this act,” “the preceding section,” and similar terms;
(6) strike out figures where they are merely a repetition of written words and vice versa;
(7) change capitalization, effect gender neutrality, and make other grammatical corrections for the purpose of conformity with the style of the Vermont Statutes Annotated;
(8) correct manifest typographical and grammatical errors;
(9) make any changes in any of the forms provided as guides that may be necessitated by changes in the substantive law;
(10) correct the names of agencies, departments, and similar units of State government; and
(11) make any other purely formal or clerical changes in keeping with the purposes of revision.
(Added 2001, No. 30, § 1; amended 2013, No. 5, § 2, eff. April 23, 2013; 2019, No. 144 (Adj. Sess.), § 2.)
The Office of Legislative Counsel, in collaboration with the Office of Legislative Information Technology, shall maintain computerized databases of the Vermont Statutes Annotated, which shall be posted on the General Assembly’s website. The databases shall include the enactment history of a codified statutory section, but shall not maintain the revisor’s notes, the judicial annotations added by the publisher, or the Acts and Resolves.
(Added 2001, No. 30, § 1; amended 2013, No. 5, § 3, eff. April 23, 2013; 2019, No. 144 (Adj. Sess.), § 2.)
Annually, on or before February 1, the Office of Legislative Counsel may prepare and submit to the General Assembly a bill that proposes recommendations of any additions, repeals, or amendments to the existing statutes.
(Added 2001, No. 30, § 1; amended 2019, No. 144 (Adj. Sess.), § 2.)
[Redesignated]
2019, No. 144 (Adj. Sess.), § 3.
The Office of Human Resources is created as a permanent agency to service the members and employees of the General Assembly with nonpartisan human resources services.
(Added 2019, No. 144 (Adj. Sess.), § 6.)
(a) The Joint Legislative Management Committee shall employ an individual with experience and expertise in human resources management to be the Director of Human Resources. The Committee may conduct the hiring process itself or may delegate this duty to a special hiring committee comprising an equal number of members from the House and Senate, not all of whom shall be from the same political party; however, the Joint Legislative Management Committee shall make the final hiring decision.
(b)(1) The Director of Human Resources shall employ human resources and other professional staff as needed to carry out the duties of the Office of Human Resources, except that requests for new, permanent positions shall be subject to the approval of the Joint Legislative Management Committee.
(2) All individuals employed by the Office of Human Resources shall be subject to the personnel policies adopted by the Joint Legislative Management Committee.
(3) The provisions of 3 V.S.A. chapter 13 (classification of State personnel) shall not apply to employees of the Office of Human Resources.
(Added 2019, No. 144 (Adj. Sess.), § 6.)
The Office of Human Resources shall provide human resources services to members of the General Assembly and legislative employees, including:
(1) developing, in consultation with the heads of the other legislative offices, compensation and benefits plans and personnel policies for legislative offices and employees for Joint Legislative Management Committee approval and providing advice, guidance, and technical assistance in the administration of these plans and policies;
(2) providing training on topics such as the prevention of harassment and discrimination, implicit bias, time management, and other workplace issues;
(3) providing job recruitment services to other legislative offices;
(4) providing performance evaluation services to other legislative offices;
(5) providing advice and guidance to legislative employees, supervisors, and members of the General Assembly regarding labor and employment laws, policies, and practices;
(6) coordinating legislative internship opportunities, including registering legislative interns and developing and implementing internship policies and procedures;
(7) developing processes for investigating and resolving disputes and other interpersonal issues involving members of the General Assembly or legislative employees, or both;
(8) investigating and resolving, and providing guidance and assistance with investigating and resolving, employee disputes and other personnel matters; and
(9) providing guidance and assistance with investigating and resolving conflicts involving members of the General Assembly.
(Added 2019, No. 144 (Adj. Sess.), § 6.)
The Director of Human Resources shall propose a budget for the Office of Human Resources to the Joint Legislative Management Committee.
(Added 2019, No. 144 (Adj. Sess.), § 6.)
For the purposes of carrying out its duties, the Office of Human Resources shall have access to and the right to copy any public record of all executive, administrative, and judicial departments of the State, except income and franchise tax returns and other documents classified as confidential by law.
(Added 2019, No. 144 (Adj. Sess.), § 6.)
(a) There is created a Joint Fiscal Committee whose membership shall be appointed on or before January 15 of each biennial session of the General Assembly. The Committee shall consist of five Representatives and five Senators as follows:
(1) the Chair of the House Committee on Appropriations;
(2) the Chair of the House Committee on Ways and Means;
(3) the Chair of the Senate Committee on Appropriations;
(4) the Chair of the Senate Committee on Finance;
(5) two members of the House, not both from the same political party, appointed by the Speaker of the House;
(6) two members of the Senate, not both from the same political party, appointed by the Committee on Committees; and
(7) one member of the Senate to be appointed by the Committee on Committees and one member of the House to be appointed by the Speaker.
(b) The Joint Fiscal Committee shall meet immediately following the appointment of its membership to organize and conduct its business. The Committee shall elect a chair, vice chair, and clerk and shall adopt rules of procedure. The Committee may meet at any time at the call of the Chair or a majority of the members of the Committee. A majority of the membership shall constitute a quorum.
(c) For attendance at a meeting when the General Assembly is not in session, members of the Joint Fiscal Committee shall be entitled to the same per diem compensation and reimbursement for actual and necessary expenses as provided members of standing committees under section 23 of this title.
(Added 1973, No. 128 (Adj. Sess.), § 1, eff. Jan. 24, 1974; amended 1977, No. 247 (Adj. Sess.), § 202; 1983, No. 88, § 12, eff. July 3, 1983; 1997, No. 61, § 273; 2019, No. 72, § E.127, eff. June 18, 2019; 2019, No. 144 (Adj. Sess.), § 5.)
[Repealed]
2019, No. 144 (Adj. Sess.), § 5.
The Joint Fiscal Committee shall:
(1) hire the Chief Fiscal Officer;
(2) carry on a continuing review of the fiscal operations of the State, including revenues, budgeting, and expenditures;
(3) accept grants and approve any related limited service positions, gifts, loans, or any other thing of value, approved by the Governor, under the provisions of 32 V.S.A. § 5;
(4) establish prioritization for the work of the Joint Fiscal Office; and
(5) keep minutes of its meetings and maintain a file thereof.
(Added 1973, No. 128 (Adj. Sess.), § 1, eff. Jan. 24, 1974; amended 1977, No. 247 (Adj. Sess.), § 187, eff. April 17, 1978; 1997, No. 144 (Adj. Sess.), § 17; 2019, No. 72, § E.127.1; 2019, No. 144 (Adj. Sess.), § 5.)
[Repealed]
2019, No. 144 (Adj. Sess.), § 5.
[Redesignated]
2019, No. 144 (Adj. Sess.), § 11(c).
The Joint Fiscal Office is created as a permanent agency to provide the General Assembly with services relating to the fiscal operations of the State, including revenues, budgeting, and expenditures.
(Added 2019, No. 144 (Adj. Sess.), § 5.)
(a)(1) The Joint Fiscal Committee shall employ an individual to be the Chief Fiscal Officer of the Joint Fiscal Office.
(2) The Chief Fiscal Officer shall employ fiscal, research, and other professional staff as needed to carry out the duties of the Joint Fiscal Office, except that requests for new, permanent positions shall be subject to the approval of the Joint Legislative Management Committee.
(b) All individuals employed by the Joint Fiscal Office shall be subject to the personnel policies adopted by the Joint Legislative Management Committee.
(c) The provisions of 3 V.S.A. chapter 13 (classification of State personnel) shall not apply to employees of the Joint Fiscal Office unless this exception is partially or wholly waived by the Joint Legislative Management Committee.
(Added 2019, No. 144 (Adj. Sess.), § 5.)
(a) The Joint Fiscal Office shall furnish:
(1) nonpartisan research and administrative services of a fiscal nature to the Joint Fiscal Committee and, at the direction of the Joint Fiscal Committee, to the House and Senate Committees on Appropriations, the Senate Committee on Finance, the House Committee on Ways and Means, the House and Senate Committees on Transportation, the House Committee on Corrections and Institutions, and the Senate Committee on Institutions;
(2) nonpartisan research and administrative services of a fiscal nature to other legislative committees and members of the General Assembly, to the extent practicable; and
(3) fiscal and budget assistance to the Joint Legislative Management Committee and to the other legislative offices.
(b)(1)(A) All requests for assistance, information, and advice from the Joint Fiscal Office, all information received in connection with fiscal research or related drafting, and all confidential materials provided to or generated by the Joint Fiscal Office shall remain confidential unless the party requesting or providing the information designates that it is not confidential.
(B) Any draft of a report or other work in progress generated by or submitted to the Joint Fiscal Office shall remain confidential until it has been finalized.
(Added 2019, No. 144 (Adj. Sess.), § 5; amended 2023, No. 113 (Adj. Sess.), § E.127, eff. July 1, 2024.)
The Chief Fiscal Officer shall propose a budget for the Joint Fiscal Office to the Joint Legislative Management Committee.
(Added 2019, No. 144 (Adj. Sess.), § 5.)
For the purposes of carrying out its duties, the Joint Fiscal Office shall have access to and the right to copy any public record of all executive, administrative, and judicial departments of the State, except income and franchise tax returns and other documents classified as confidential by law unless permitted under 32 V.S.A. § 3102.
(Added 2019, No. 144 (Adj. Sess.), § 5.)
(a) As used in this section:
(1) “Basic needs” means the essentials needed to run a household, including food, housing, transportation, child care, utilities, health and dental care, taxes, rental and life insurance, personal expenses, and savings.
(2) “Basic needs budget” is the amount of money needed by a Vermont household to maintain a basic standard of living, calculated using current State and federal data sources for the costs of basic needs.
(3) “Livable wage” means the hourly wage required in an urban or rural area for a full-time worker who lives in shared housing and has employer-assisted health insurance to pay for the basic needs budget.
(b) On or before January 15 of each new legislative biennium, the Joint Fiscal Office shall report the calculated basic needs budgets of various representative household configurations and the calculated livable wage for both urban and rural areas for the previous year. This calculation may serve as an additional indicator of wage and other economic conditions in the State and shall not be considered official State guidance on wages or other forms of compensation.
(c) The methodology for calculating basic needs budgets shall be built on methodology described in the November 2023 Basic Needs Budget Technical Advisory Committee report, modified as appropriate by any statutory changes made by the General Assembly and subsequent modifications adopted by the Joint Fiscal Committee under subsection (d) of this section.
(d) The Joint Fiscal Committee may adopt modifications to the methodology used to determine the basic needs budget calculations under subsection (c) of this section to account for public policy changes, data availability, or any other factors that have had an impact on any aspects of the methodology. Changes or revisions in methodology adopted by the Committee shall be effective no later than November in the year preceding the release of the report.
(e) It is the intent of the General Assembly that the methodology for calculating the basic needs budget and livable wage shall be updated every six years or more frequently to ensure that it continues to reflect the actual cost to maintain a basic standard of living in Vermont. (Added 2005, No. 59, § 1; amended 2007, No. 202 (Adj. Sess.), § 1; 2019, No. 144 (Adj. Sess.), § 11(c) (redesignated from 2 V.S.A. § 505); 2023, No. 123 (Adj. Sess.), § 1, eff. July 1, 2024.)
NotesHistoryRedesignation of section—2019 (Adj. Sess.).
This section was originally enacted as section 505 of this title and was redesignated as section 526 by 2019, No. 144 (Adj. Sess.), § 11(c).
The Office of Legislative Operations is created as a permanent agency to serve the members and employees of the General Assembly with nonpartisan operational, financial, committee support, and other administrative services and to support the Joint Legislative Management Committee.
(Added 2019, No. 144 (Adj. Sess.), § 7.)
(a) The Joint Legislative Management Committee shall employ an individual with experience and expertise in administration or management to be the Director of Legislative Operations. The Committee may conduct the hiring process itself or it may delegate this duty to a special hiring committee comprising an equal number of members from the House and Senate, not all of whom shall be from the same political party; however, the Joint Legislative Management Committee shall make the final hiring decision.
(b)(1) The Director of Legislative Operations shall employ administrative, committee services, and other professional staff as needed to carry out the duties of the Office of Legislative Operations, except that requests for new, permanent positions shall be subject to the approval of the Joint Legislative Management Committee.
(2) All individuals employed by the Office of Legislative Operations shall be subject to the personnel policies adopted by the Joint Legislative Management Committee.
(3) The provisions of 3 V.S.A. chapter 13 (classification of State personnel) shall not apply to employees of the Office of Legislative Operations.
(Added 2019, No. 144 (Adj. Sess.), § 7.)
The Office of Legislative Operations shall provide:
(1) administrative support to the Joint Legislative Management Committee;
(2) administrative support to other standing and interim legislative committees;
(3) payroll, billing, and expense reimbursement services to members of the General Assembly and, as needed, to other legislative offices and legislative employees; and
(4) other administrative and operational services as needed to support members of the General Assembly, legislative offices, and legislative employees.
(Added 2019, No. 144 (Adj. Sess.), § 7.)
The Director of Legislative Operations shall propose a budget for the Office of Legislative Operations to the Joint Legislative Management Committee.
(Added 2019, No. 144 (Adj. Sess.), § 7.)
For the purposes of carrying out its duties, the Office of Legislative Operations shall have access to and the right to copy any public record of all executive, administrative, and judicial departments of the State, except income and franchise tax returns and other documents classified as confidential by law.
(Added 2019, No. 144 (Adj. Sess.), § 7.)
(a) There is created a Joint Carbon Emissions Reduction Committee whose membership shall be appointed each biennial session of the General Assembly. The Committee shall consist of five Representatives, at least one from the Committees on Appropriations, on Commerce and Economic Development, on Environment, and on Transportation, to be appointed by the Speaker of the House, and five members of the Senate, at least one from the Committees on Appropriations, on Finance, on Natural Resources and Energy, and on Transportation, to be appointed by the Committee on Committees.
(b) The Committee shall elect a chair and vice chair. The Chair shall rotate biennially between the House and the Senate members. The Committee may meet during a session of the General Assembly at the call of the Chair and with the approval of the Speaker of the House and the President Pro Tempore of the Senate. The Committee may meet up to five times during adjournment. A majority of the membership shall constitute a quorum.
(c) The Office of Legislative Counsel and the Office of Legislative Operations shall provide legal, professional, and administrative assistance to the Committee.
(d) For attendance at a meeting when the General Assembly is not in session, members of the Committee shall be entitled to the same per diem compensation and expense reimbursement as provided members of standing committees pursuant to section 23 of this title.
(Added 1977, No. 123 (Adj. Sess.), § 1, eff. Feb. 17, 1978; amended 2019, No. 62, § 3; 2021, No. 20, § 1.)
[Repealed]
2019, No. 62, § 3.
The Joint Carbon Emissions Reduction Committee shall provide oversight when the General Assembly is not in session of State policies and activities concerning and affecting carbon emissions from Vermont’s electric, residential and commercial buildings, and transportation sectors.
(Added 1977, No. 123 (Adj. Sess.), § 1, eff. Feb. 17, 1978; amended 2009, No. 33, § 2; 2019, No. 62, § 3.)
[Repealed]
1993, No. 207 (Adj. Sess.), § 3, eff. July 1, 1996.
(a) Creation. There is created the Joint Information Technology Oversight Committee to oversee investments in and use of information technology in Vermont and to provide periodic advice on legislative information technology issues.
(b) Membership. The Committee shall be composed of six members as follows:
(1) three members of the House of Representatives, not all of whom shall be from the same political party, who shall be appointed by the Speaker of the House; and
(2) three members of the Senate, not all of whom shall be from the same political party, who shall be appointed by the Committee on Committees.
(c) Powers and duties.
(1) The Committee shall oversee, evaluate, and make recommendations on the following:
(A) the State’s current deployment, management, and oversight of information technology in the furtherance of State governmental activities, including data processing systems, telecommunications networks, and related technologies, particularly with regard to issues of compatibility among existing and proposed technologies;
(B) issues related to the storage of, maintenance of, access to, privacy of, and restrictions on use of computerized records;
(C) issues of public policy related to the development and promotion of the private, commercial, and nonprofit information infrastructure in the State, its relationship to the State government information infrastructure, and its integration with national and international information networks; and
(D) cybersecurity.
(2) The Committee may provide advice to the Director of Legislative Information Technology and the Joint Legislative Management Committee as appropriate regarding matters related to legislative information technology.
(d) Assistance. The Committee shall have the administrative, technical, and legal assistance of the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.
(e) Meetings.
(1) The Committee shall elect a chair and vice chair from among its members and shall adopt rules of procedure. The Chair shall rotate biennially between the House and Senate members.
(2) A majority of the membership shall constitute a quorum.
(3) The Committee may meet when the General Assembly is not in session or at the call of the Chair.
(f) Reimbursement. For attendance at meetings during adjournment of the General Assembly, members of the Committee shall be entitled to per diem compensation and reimbursement of expenses pursuant to section 23 of this title.
(Added 2017, No. 187 (Adj. Sess.), § 8a, eff. May 28, 2018; amended 2018, No. 11 (Sp. Sess.), § E.126.2; 2019, No. 144 (Adj. Sess.), § 9.)
(a) The Legislative Advisory Committee on the State House is created.
(b) The Committee shall be composed of 12 members:
(1) three members of the House of Representatives, appointed biennially by the Speaker of the House;
(2) three members of the Senate, appointed biennially by the Committee on Committees;
(3) the Chair of the Board of Trustees of the Friends of the Vermont State House;
(4) the Director of the Vermont Historical Society;
(5) the Director of the Vermont Arts Council;
(6) the Commissioner of Buildings and General Services or designee;
(7) the Sergeant at Arms; and
(8) the State Curator.
(c) The Committee shall biennially elect a chair from among its legislative members. A quorum shall consist of seven members.
(d) The Committee shall meet at least one time when the General Assembly is in session. When the General Assembly is not in session, the Committee shall meet at least one time, but the Committee and any subcommittees shall not cumulatively meet more than six times per year; provided, however, that the Committee and any subcommittees of the Committee may meet more often with the approval of the Speaker of the House and the President Pro Tempore of the Senate. The Commissioner of Buildings and General Services shall keep minutes of the meetings and maintain a file thereof.
(e) The Committee shall have the assistance of the Office of Legislative Counsel and the Office of Legislative Operations.
(f) A member of the Committee shall not vote on a matter under consideration by the Committee regarding any activities or duties the member is responsible for discharging.
(Added 1983, No. 246 (Adj. Sess.), § 1; amended 2017, No. 84, § 25, eff. June 16, 2017; 2019, No. 139 (Adj. Sess.), § 30, eff. July 6, 2020; 2021, No. 20, § 2; 2021, No. 50, § 33, eff. June 1, 2021; 2021, No. 156 (Adj. Sess.), § 1, eff. May 31, 2022.)
For meetings held during adjournment of the General Assembly, the legislative members of the Committee shall be entitled to per diem compensation and expense reimbursement as provided in section 23 of this title.
(Added 1983, No. 246 (Adj. Sess.), § 1; amended 2021, No. 156 (Adj. Sess.), § 1, eff. May 31, 2022.)
(a) The Committee shall:
(1) review, coordinate, and make recommendations on all activities relating to the collections and care of art, historic artifacts, and furnishings and the refurbishing, renovation, preservation, and expansion of the building and its interior; and
(2) approve a collections policy for the State House collection, as developed by the State Curator pursuant to 29 V.S.A. § 154a(c).
(b) The Sergeant at Arms and the Commissioner of Buildings and General Services, in discharging responsibilities under subdivision 62(a)(6) of this title and 29 V.S.A. §§ 154(a) and 154a, respectively, shall consider the recommendations of the Committee.
(Added 1983, No. 246 (Adj. Sess.), § 1; amended 2017, No. 84, § 25, eff. June 16, 2017; 2019, No. 139 (Adj. Sess.), § 31, eff. July 6, 2020; 2021, No. 156 (Adj. Sess.), § 1, eff. May 31, 2022.)
There is created the legislative Health Reform Oversight Committee. The Committee shall be composed of the following eight members:
(1) the Chair of the House Committee on Appropriations;
(2) the Chair of the Senate Committee on Appropriations;
(3) the Chair of the House Committee on Ways and Means;
(4) the Chair of the Senate Committee on Finance;
(5) the Chair of the House Committee on Health Care;
(6) the Chair of the Senate Committee on Health and Welfare;
(7) the Chair of the House Committee on Human Services; and
(8) one member of the Senate appointed by the Committee on Committees.
(Added 2013, No. 179 (Adj. Sess.), § E.306.3; amended 2017, No. 85, § E.126; 2017, No. 210 (Adj. Sess.), § 14a, eff. June 1, 2018; 2018, No. 2 (Sp. Sess.), § 13.)
(a) When the General Assembly is adjourned, the Committee shall provide legislative oversight and review of revenue collection, expenditures, and planning related to health care reform efforts in Vermont.
(b) When the General Assembly is adjourned during fiscal year 2015, the Commissioner of Vermont Health Access shall provide monthly updates regarding Vermont Health Benefit Exchange operations, enrollment data, coverage status, customer support, and Exchange website functionality.
(c) Effective on January 1, 2015, all reports previously submitted to the Health Care Oversight Committee shall be submitted to the Health Reform Oversight Committee.
(Added 2013, No. 179 (Adj. Sess.), § E.306.3.)
(a) The Committee shall have the administrative, technical, and legal assistance of the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.
(b)(1) The Secretary of Administration and other members of the Executive Branch shall report to the Committee upon request.
(2) If applicable, the Secretary shall submit an electronic report to the Joint Fiscal Office for distribution to members of the Committee that summarizes any plans or actions taken by the Executive Branch to delay health care reform project schedules as a result of:
(A) increased costs exceeding official estimates;
(B) [Repealed.]
(C) changes in the availability of federal funding; or
(D) any other changes related to the planning for and implementation of health care reform as directed by 2011 Acts and Resolves No. 48.
(Added 2013, No. 179 (Adj. Sess.), § E.306.3; amended 2019, No. 6, § 66, eff. April 22, 2019; 2019, No. 144 (Adj. Sess.), § 14.)
(a) The Committee shall select a Chair from among its members at the first meeting of each biennium.
(b) Meetings shall be convened by the Chair and when practicable shall be held in conjunction with meetings of the Joint Fiscal Committee.
(c)(1) A majority of the members of the Committee shall be physically present at the same location to constitute a quorum.
(2) A member may vote only if physically present at the meeting location.
(3) Action shall be taken only if there is both a quorum and a majority vote of the members physically present and voting.
(Added 2013, No. 179 (Adj. Sess.), § E.306.3.)
For attendance at meetings during adjournment of the General Assembly, members of the Committee shall be entitled to per diem compensation and reimbursement of expenses pursuant to section 23 of this title for no more than six meetings.
(Added 2013, No. 179 (Adj. Sess.), § E.306.3.)
The Office of Legislative Information Technology is created as a permanent agency to serve the members and employees of the General Assembly with information technology resources and nonpartisan technology-related services.
(Added 2019, No. 144 (Adj. Sess.), § 8.)
(a) The Joint Legislative Management Committee shall employ an individual with experience and expertise in information technology to be the Director of Legislative Information Technology. The Committee may conduct the hiring process itself or it may delegate this duty to a special hiring committee comprising an equal number of members from the House and Senate, not all of whom shall be from the same political party; however, the Joint Legislative Management Committee shall make the final hiring decision.
(b)(1) The Director shall employ additional information technology staff as needed to carry out the duties of the Office of Legislative Information Technology, except that requests for new, permanent positions shall be subject to the approval of the Joint Legislative Management Committee.
(2) All individuals employed by the Office of Legislative Information Technology shall be subject to the personnel policies adopted by the Joint Legislative Management Committee.
(3) The provisions of 3 V.S.A. chapter 13 (classification of State personnel) shall not apply to employees of the Office of Legislative Information Technology unless this exception is partially or wholly waived by the Joint Legislative Management Committee.
(Added 2019, No. 144 (Adj. Sess.), § 8.)
(a) The Office of Legislative Information Technology shall:
(1) design, support, and maintain the General Assembly’s information systems;
(2) provide hardware, software, and customer support to members and employees of the General Assembly to enable them to fulfill their professional responsibilities; and
(3) ensure that legislative records created, received, stored, or transmitted using information technology are maintained in accordance with the General Assembly’s recordkeeping requirements.
(b) Any draft of a report or other work in progress generated by or submitted to the Office of Legislative Information Technology shall remain confidential until it has been finalized.
(Added 2019, No. 144 (Adj. Sess.), § 8; amended 2023, No. 113 (Adj. Sess.), § E.126.1, eff. July 1, 2024.)
(a) The Director of Legislative Information Technology shall prepare, maintain, and update, at least biennially, a long-range strategic plan for information technology operations and services in the Legislative Branch.
(b) In preparing the plan, the Director or designee shall consult with members of the Joint Information Technology Oversight Committee, other members of the General Assembly, and employees of other legislative staff offices. In addition, the Director or designee may also consult with the State Archivist, representatives of the Executive and Judicial Branches, and members of the public.
(c) The strategic plan shall be subject to review and approval by the Joint Legislative Management Committee.
(Added 2019, No. 144 (Adj. Sess.), § 8.)
Every contract for broadband internet access service, as defined in 3 V.S.A. § 348(d)(1), for the Legislative Branch shall include terms and conditions requiring that the internet service provider certify that it is in compliance with the consumer protection and net neutrality standards established in 3 V.S.A. § 348.
(Added 2017, No. 169 (Adj. Sess.), § 5; amended 2019, No. 144 (Adj. Sess.), § 11(d) (redesignated from 2 V.S.A. § 754).)
The Director of Legislative Information Technology shall propose a budget for the Office of Legislative Information Technology to the Joint Legislative Management Committee.
(Added 2019, No. 144 (Adj. Sess.), § 8.)
[Repealed]
2019, No. 144 (Adj. Sess.), § 33.
[Redesignated]
2019, No. 144 (Adj. Sess.), § 11(d).
(a) There is created a Joint Legislative Justice Oversight Committee whose membership shall be appointed each biennial session of the General Assembly. The Committee shall exercise oversight over the Department of Corrections and work with and provide assistance to other legislative committees on matters related to juvenile justice and criminal justice policies.
(b) The Committee shall be composed of 10 members: five members of the House of Representatives, who shall not all be from the same party, appointed by the Speaker of the House; and five members of the Senate, who shall not all be from the same party, appointed by the Committee on Committees. In addition to one member-at-large appointed from each chamber, one appointment shall be made from each of the House and Senate Committees on Appropriations and on Judiciary, the Senate Committees on Health and Welfare and on Institutions, and the House Committees on Corrections and Institutions and on Human Services.
(c) The Committee shall elect a chair, vice chair, and clerk from among its members and shall adopt rules of procedure. The Chair shall rotate biennially between the House and the Senate members. The Committee shall keep minutes of its meetings and maintain a file thereof. A quorum shall consist of six members.
(d) When the General Assembly is in session, the Committee shall meet at the call of the Chair. The Committee may meet six times during adjournment, and may meet more often subject to approval of the Speaker of the House and the President Pro Tempore of the Senate.
(e) For attendance at a meeting when the General Assembly is not in session, members of the Committee shall be entitled to compensation for services and reimbursement of expenses as provided under subsection 23(a) of this title.
(f) The professional and clerical services of the Joint Fiscal Office, the Office of Legislative Operations, and the Office of Legislative Counsel shall be available to the Committee.
(Added 2005, No. 63, § 19; amended 2007, No. 64, § 5; 2007, No. 179 (Adj. Sess.), § 20; 2015, No. 58, § E.335.1; 2019, No. 144 (Adj. Sess.), § 15.)
(a) In addition to the general responsibilities set forth in subsection 801(a) of this title, the Committee shall:
(1) review and make recommendations regarding the Department of Corrections’ strategic, operating, and capital plans;
(2) review and make recommendations to the House and Senate Committees on Appropriations regarding departmental budget proposals;
(3) provide general oversight on departmental policy development;
(4) encourage improved communication between the Department and other relevant components of the administrative branch and the criminal justice system;
(5) evaluate the statewide system of pretrial services, court diversion programs, community justice center services, and other relevant programs and services, and determine whether there is variation in policies, procedures, practices, and results among different areas of the State and the causes of any such variation;
(6) make recommendations to the General Assembly regarding the creation of a consistent and cost-efficient statewide juvenile justice system and criminal justice system;
(7) review and make recommendations to the General Assembly to ensure the juvenile justice and criminal justice statutes reflect principles of restorative justice; and
(8) review and make recommendations to the General Assembly regarding the timeliness of judicial proceedings.
(b) [Repealed.]
(Added 2005, No. 63, § 19; amended 2013, No. 142 (Adj. Sess.), § 3; 2015, No. 58, § E.335.2.)
[Repealed]
2013, No. 179 (Adj. Sess.), § E.306.4(a), eff. January 1, 2015.
[Repealed]
2011, No. 63, § G.107.
[Repealed]
2019, No. 131 (Adj. Sess.), § 302.
[Repealed]
(Added 2009, No. 146 (Adj. Sess.), § H2; amended 2009, No. 153 (Adj. Sess.), § 21d; 2013, No. 28, § 1, eff. May 13, 2013; 2013, No. 28, § 2, eff. Jan. 16, 2014; 2013, No. 142 (Adj. Sess.), § 4; 2015, No. 124 (Adj. Sess.), § 1, eff. May 23, 2016; 2017, No. 6, § 1, eff. March 29, 2017; 2019, No. 144 (Adj. Sess.), § 16; repealed by 2023, No. 53, § 1, eff. June 8, 2023.)
[Repealed]
(Added 2015, No. 88 (Adj. Sess.), § 1, eff. May 6, 2016; repealed eff. June 30, 2024 by 2023, No. 69, § 33.)
(a) Creation. There is created the Joint Public Pension Oversight Committee for the purpose of working with and providing assistance to other legislative committees on matters related to the State’s retirement system and other postemployment benefits.
(b) Members. The Committee shall be composed of the following members, who shall be appointed each biennial session of the General Assembly:
(1) three members of the House, who shall not be from the same party, appointed by the Speaker of the House; and
(2) three members of the Senate, who shall not be from the same party, appointed by the Committee on Committees.
(c) Powers and duties. The Committee shall evaluate and make recommendations on the following:
(1) issues of public policy related to the provision of retirement benefits to the State’s public sector workforce;
(2) changes to statutory provisions regarding the provision, design, and administration of retirement benefits and the retirement systems;
(3) issues of public policy relating to health benefit design innovations, State regulatory measures, and alternative methods of providing pooled health care benefits to both active and retired school employees to lower health care costs for employees, retirees, school boards, and the State; and
(4) the appropriate annual appropriation to fund the State’s retirement obligations in accordance with actuarial recommendations, statutory amortization schedules, and funding policies.
(d) Policies. The Committee shall elect a chair, vice chair, and clerk from among its members and shall adopt rules of procedure. The Chair shall rotate biennially between the House and Senate members. The Committee shall keep minutes of its meetings.
(e) Meetings.
(1) When the General Assembly is in session, the Committee shall meet at the call of the Chair.
(2) The Committee may meet six times during adjournment and may meet more often subject to approval of the Speaker of the House and the President Pro Tempore of the Senate.
(3) A quorum shall consist of four members.
(f) Assistance. The Committee shall have assistance from the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.
(g) Compensation and reimbursement. For attendance at a meeting when the General Assembly is not in session, members of the Committee shall be entitled to compensations for services and reimbursement of expenses as provided under subsection 23(a) of this title.
(h) Reports. Annually, on or before December 1 each year, the Vermont Pension Investment Commission and the Boards of Trustees for the State Employees’ Retirement System, Teachers’ Retirement System, and Municipal Employees’ Retirement, shall report to the Committee.
(Added 2021, No. 75, § 11, eff. Oct. 1, 2021.)
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