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title-3•Title 3 — Executive
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.
(a) When there is a vacancy in the Offices of Governor and Lieutenant Governor, the Speaker of the House of Representatives shall act as Governor.
(b) When the Governor is absent from the State, the Lieutenant Governor shall act for him or her, and when both the Governor and Lieutenant Governor are absent from the State, the Speaker of the House shall act as Governor.
(Amended 1965, No. 9, § 1, eff. March 24, 1965.)
The following agencies and boards are hereby attached to the Governor’s office for administrative purposes:
(1) State Claims Commission
(2) Emergency Board
(3) All agencies that involve or concern interstate relationships including:
(A) Connecticut River Flood Control Commission
(B) New England Board of Higher Education
(C) [Repealed.]
(D) [Repealed.]
(E) [Repealed.]
(F) Committee on Tri-State Institutional Matters
(G) Uniform Laws Commission
(H) New England Interstate Water Pollution Control Commission
(I) Interstate Commission on Lake Champlain Basin
(J) Northeastern Forest Fire Protection Commission
(4) All interdepartmental agencies including:
(A) Interdepartmental Mental Health Council
(B) Traffic Committee.
(Added 1959, No. 329 (Adj. Sess.), § 2, eff. March 1, 1961; amended 1961, No. 205, §§ 1, 2, eff. July 11, 1961; 2009, No. 135 (Adj. Sess.), § 26(2)(A); 2025, No. 18, § 1, eff. May 13, 2025.)
At the beginning of his or her term, the Governor shall appoint an executive clerk and an executive messenger for the term of two years to serve him or her when the General Assembly is in session and may remove them at pleasure.
(a) The official correspondence of the Governor is the property of the State. Upon retiring from office, he or she shall cause such correspondence and an itemized list thereof to be deposited with the Secretary of State. The Secretary of State shall preserve these records in accordance with professional archival practices recommended by the State Archivist.
(b) In the discretion of the Secretary of State, such correspondence and list, in whole or in part, may be microfilmed or otherwise reformatted in accordance with archival principles. In the discretion of the Secretary of State the originals of those papers that are actually reformatted may be disposed of.
(Amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 1997, No. 75 (Adj. Sess.), § 1.)
The Governor may employ counsel in behalf of the State in any State department or office, when, in his or her judgment, the protection of the rights and interests of the State demands it.
The Governor shall furnish certificates of election to the Senators and Representatives elected to represent this State in Congress.
Whenever in his or her judgment it is for the best interest of the State, the Governor may appoint a delegate to attend any convention, conference, or meeting without the State, as a representative of this State or any department thereof.
The Governor shall have power, in his or her discretion, to visit and inspect any State institution or to appoint a visitor to make such inspection and report to him or her.
The Governor may offer a suitable reward, not exceeding the sum of $1,000.00 in any case, to be paid to a person or persons who, in consequence of such offer, apprehends or secures a person who has escaped from any institution in this State in which he or she was lawfully confined and, when requested by the Attorney General, may offer such a reward for information leading to the arrest and conviction of any person who has committed a felony in this State. The Commissioner of Finance and Management shall issue his or her warrant for the amount of such reward in favor of the person whom the Governor certifies to be entitled to the same.
(Added 1959, No. 328 (Adj. Sess.), § 8(b); amended 1983, No. 195 (Adj. Sess.), § 5(b).)
When by provisions of any laws enumerated in section 13 of this title the Governor is required to approve any act, appointment, employment, or decision done or made by any other officer of the State Government or by any board, commission, or agency of the State government, as a condition to such act, appointment, employment, or decision becoming effective, the power and duty of the Governor as regards such approval may be delegated by him or her to any of the duly elected State officers or to any officer appointed by the Governor, or appointed by the Governor and with consent of the Senate or appointed with the approval of the Governor and with the consent of the Senate.
(Added 1959, No. 254, § 1; amended 1973, No. 41, eff. April 3, 1973.)
The delegating of duties authorized in this section shall be in writing and shall specify with particularity the cases in which it is to apply. It shall become effective only when an executed duplicate copy of the delegation is filed in the Office of the Secretary of State. Such delegation may be revoked at any time by the Governor, and such revocation shall be in writing and likewise filed as the original delegation. The delegation of a particular function shall not prevent the Governor from acting in a case, and in any such instance, the delegation shall be of no effect. Nothing contained in this section shall relieve the Governor of the Governor’s responsibility for the acts of any officer designated by the Governor under the authority of sections 10–13 of this title to perform any function.
(Added 1959, No. 254, § 2; amended 2025, No. 18, § 2, eff. May 13, 2025.)
Sections 10–13 of this title shall be interpreted as applying only in cases in which the Governor’s duty is approval of a prior act, appointment, employment, or decision done or made by another officer or by a board, commission, or agency, and shall not be interpreted as applying in cases in which the act, appointment, employment, or decision is required to be done or made initially by the Governor but shall not include approval of rules.
(Added 1959, No. 254, § 3; amended 2025, No. 18, § 3, eff. May 13, 2025.)
Sections 10–13 of this title shall apply only to the following sections: 202, 207, and 631 of this title; 4 V.S.A. § 852; 6 V.S.A. §§ 3, 4, and 2922; 10 V.S.A. §§ 53, 54, and 4149; 20 V.S.A. §§ 1484, 1874(a), 1875, 2221, 2271, and 2273; 21 V.S.A. § 1104; 22 V.S.A. § 282; 23 V.S.A. § 103; and 29 V.S.A. § 3.
(Added 1959, No. 254, § 4; amended 2025, No. 18, § 4, eff. May 13, 2025.)
(a) The Governor shall be responsible for the administration of the State’s Highway Safety Program, and may cooperate with and contract with State and federal agencies and political subdivisions, and public and private organizations, in order to effectuate the purposes of the National Highway Safety Act of 1966 and any amendments thereto, to the end that federal monies available for such purposes may be obtained. The Governor may designate an appropriate agency of the State through which the State’s Highway Safety Program may be administered.
(b) The Governor shall provide for the receipt, allocation, and disbursement of federal monies received pursuant to this section, in accordance with such State and federal laws and regulations as may be applicable.
(c) Towns, cities, emergency medical services districts, municipalities, and other political subdivisions are authorized to administer local highway safety programs approved by the Governor as part of the State’s Highway Safety Program, and to receive funds available for the foregoing purposes subject to applicable laws and regulations and the approval of the Governor.
(Added 1967, No. 25; amended 1969, No. 112, § 2, eff. April 22, 1969.)
[Repealed]
1981, No. 206 (Adj. Sess.), § 4.
To enable the Governor to respond effectively to cuts in federal spending and in the interests of efficiency, he or she may, with the approval of the General Assembly or the Joint Fiscal Committee if the General Assembly is not in session, temporarily transfer positions among the departments and agencies of the Executive Branch of government; provided, however, that no transfer may be made under this section which substantially affects the functioning of a program or policy which has been approved or adopted by the General Assembly.
(Added 1981, No. 91, § 22, eff. July 5, 1981.)
(a) There is hereby created the Spouse Abuse Program.
(b) The Vermont Center for Crime Victim Services shall be authorized to award grants for the Spouse Abuse Program. Awards shall be made by the Center to spouse abuse programs established for the purpose of providing shelter, protection, or support for battered or abused spouses. The Center shall, insofar as possible, award grants to provide reasonable geographic distribution of funds around the State.
(c) [Repealed.]
(d) In order to receive funds under this section, each participating program shall:
(1) Receive some funding from one or more local, municipal, or county source, public or private. Contributions in kind, whether material, commodities, transportation, or office space, may be evaluated and counted as part of this requirement.
(2) Reapply annually for continued funding as necessary.
(e) Duties and functions of the Center.
(1) The Center shall adopt rules under chapter 25 of this title pursuant to which interested local programs may apply for funding. Any local agency or organization may apply to participate.
(2) The Center shall establish minimum standards for eligibility for State funds awarded through the provisions of this section.
(Added 1981, No. 123 (Adj. Sess.), § 2; amended 1995, No. 178 (Adj. Sess.), § 57a; 2011, No. 139 (Adj. Sess.), § 1, eff. May 14, 2012; 2015, No. 97 (Adj. Sess.), § 71.)
[Repealed]
1993, No. 204 (Adj. Sess.), § 3, eff. June 17, 1994.
(a) The Sexual Assault Victims Program is hereby established.
(b) The Vermont Center for Crime Victim Services is authorized to award grants for a sexual assault victims program. Awards shall be made by the Center to a sexual assault victims program established for the purpose of providing emergency services, counseling, and support for victims of sexual assault. The Center shall, insofar as possible, award grants to provide reasonable geographic distribution of funds around the State.
(c) [Repealed.]
(d) In order to receive funds under this section, each participating program shall:
(1) Receive some funding from one or more local, municipal, or county source, public or private. Contributions in kind, whether material, commodities, transportation, volunteer services, or office space, may be evaluated and counted as part of this requirement.
(2) Reapply annually for continued funding as necessary.
(e) Duties and functions of the Center.
(1) The Center shall adopt rules under chapter 25 of this title pursuant to which interested local programs may apply for funding. Any local agency or organization may apply to participate.
(2) The Center shall establish minimum standards for eligibility for State funds awarded through the provisions of this section.
(Added 1987, No. 257 (Adj. Sess.), § 1; amended 1995, No. 178 (Adj. Sess.), § 57a; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 97 (Adj. Sess.), § 72.)
[Redesignated]
2021, No. 52, § 5, effective June 3, 2021.
(a) Definitions. For the purposes of this section: “International Trade Agreement” means a trade agreement between the federal government and a foreign country. International Trade Agreement does not include a trade agreement between the State and a foreign country to which the federal government is not a party.
(b) Membership. There is created a Commission on International Trade and State Sovereignty consisting of:
(1) the Chair of the House Committee on Commerce and Economic Development or his or her designee;
(2) the Chair of the Senate Committee on Economic Development, Housing and General Affairs or his or her designee;
(3) a representative of a nonprofit environmental organization, appointed by the Governor from a list provided by the Vermont Natural Resources Council;
(4) a representative of organized labor, appointed by the Governor from a list provided by Vermont AFL-CIO, Vermont NEA, and the Vermont State Employees’ Association;
(5) the Secretary of Commerce and Community Development or his or her designee;
(6) the Attorney General or his or her designee;
(7) a representative of an exporting Vermont business, appointed by the Governor;
(8) a representative of a Vermont business actively involved in international trade, appointed by the Governor;
(9) the Secretary of Agriculture, Food and Markets or his or her designee; and
(10) a representative of a Vermont chamber of commerce, appointed by the Governor.
(c) Powers and duties.
(1) The Commission shall conduct an annual assessment of the legal and economic impacts of International Trade Agreements on State and local laws, State sovereignty, and the business environment.
(2) It shall provide a mechanism for citizens and legislators to voice their concerns, which it shall use to make policy recommendations to the General Assembly, to the Governor, to Vermont’s congressional delegation, or to the trade representatives of the United States government. Recommendations shall be designed to protect Vermont’s job and business environment, and State sovereignty from any negative impacts of trade agreements.
(3) It may recommend legislation or preferred practices and shall work with interested groups in other states to develop means to resolve the conflicting goals and tension inherent in the relationship between international trade and State sovereignty.
(4) As provided for in 9 V.S.A. chapter 111A, the Commission shall consider and develop formal recommendations with respect to how the State should best respond to challenges and opportunities posed by a particular International Agreement.
(d) Reporting. The Commission shall submit an annual report, which shall be prepared by the Secretary of Commerce and Community Development, to the House Committee on Commerce and Economic Development, the Senate Committee on Economic Development, Housing and General Affairs, the Governor, and Vermont’s congressional delegation. The report shall contain information acquired pursuant to activities carried out under subsection (c) of this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
(e) Staff services. The Commission shall be entitled to staff services of the Agency of Commerce and Community Development, the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.
(f) Per diem. For attendance at a meeting when the General Assembly is not in session, legislative members of the Commission shall be entitled to the same per diem compensation and reimbursement for actual and necessary expenses as provided members of standing committees under 2 V.S.A. § 23. Except for members employed by the State, members of the Commission shall be entitled to the same per diem compensation as provided under 32 V.S.A. § 1010(a) and mileage reimbursement as provided under 32 V.S.A. § 1267.
(Added 2005, No. 212 (Adj. Sess.), § 8, eff. May 29, 2006; amended 2007, No. 65, § 405, eff. June 4, 2007; 2009, No. 78 (Adj. Sess.), § 44, eff. April 15, 2010; 2013, No. 142 (Adj. Sess.), § 5; 2019, No. 144 (Adj. Sess.), § 17.)
The Secretary of Civil and Military Affairs shall have a seal of office upon which shall be the words: EXECUTIVE DEPARTMENT. VERMONT.
The Secretary shall keep a full and complete record of official acts of the Executive Department in books to be furnished for that purpose and such record books, except those in actual use, shall be kept in the State House.
The Secretary shall make copies of records in his or her office, attested under his or her seal, for the fees provided by law, and full faith and credit shall be given to such copies.
[Repealed]
1979, No. 200 (Adj. Sess.), § 120.
The Secretary of State shall be commissioned by the Governor and shall keep an office open for the transaction of business.
The Secretary shall have a seal of office, with the same device as the State Seal, and around the Seal the words: SECRETARY OF STATE. VERMONT. Full faith and credit shall be given to certified copies and attestations under his or her Seal.
A facsimile of the signature of the Secretary of State imprinted by or at the Secretary’s direction upon any certification issued pursuant to law, upon any attestation required of the Secretary by law, or upon any certification of official documents or records of which the Secretary is custodian, shall have the same validity as the Secretary of State’s written signature.
(Added 1993, No. 108 (Adj. Sess.), § 22, eff. Feb. 16, 1994; amended 2025, No. 10, § 1, eff. July 1, 2025.)
(a) All deeds, contracts of sale, leases, and other documents or copies of same conveying land or an interest therein to the State, except for transportation rights-of-way, leases, and conveyances, shall be filed in the Office of the Secretary of State.
(b) All deeds, contracts of sale, leases, and other documents conveying land or an interest in land from the State as grantor, except for transportation rights-of-way, leases, and conveyances, shall be made out in duplicate by the authorized agent of the State. The original shall be delivered to the grantee and the duplicate copy, so marked, shall be filed in the Office of the Secretary of State.
(c) The Secretary of State shall also record the State Treasurer’s bonds and other documents required to be recorded in the Secretary of State’s office and give copies of the same upon tender of the Secretary of State’s legal fees.
(Amended 2009, No. 123 (Adj. Sess.), § 31.)
After an act or resolution has been passed by both Houses of the General Assembly, signed by the presiding officers of both Houses and by the Governor, it shall be delivered to the custody of the Secretary of State. The Secretary shall cause the act or resolution to be reproduced in form suitable to be submitted to the printer designated in 29 V.S.A. § 1115. Before submission to the printer, the Secretary shall correct obvious typographical errors and assign a public law number to each act or resolution. The Secretary shall cause a suitable index and reference tables to be prepared.
(Amended 1969, No. 90, § 2.)
[Repealed]
1967, No. 257 (Adj. Sess.), § 3, eff. Feb. 21, 1968.
After the original acts and resolutions of the General Assembly are delivered to the Secretary pursuant to section 104 of this title, the Secretary shall cause a copy of the acts and resolutions to be prepared and printed and the original acts and resolutions to be preserved as State archival records pursuant to section 117 of this title.
(Added 1969, No. 90, § 3; amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2009, No. 91 (Adj. Sess.), § 1, eff. May 6, 2010; 2021, No. 53, § 1.)
The Secretary of State shall designate members of his or her staff as legislative clerks. The duties of legislative clerks shall be:
(1) to prepare a copy of the acts and resolutions for printing;
(2) to keep a register of lobbyists;
(3) to prepare and distribute certified copies of resolutions as directed by the General Assembly;
(4) to prepare index and tables of laws for the acts and resolves;
(5) to prepare a legislative directory containing appropriate matter by December 1 of each odd numbered year; and
(6) such other legislative duties as the Secretary shall assign.
(Added 1969, No. 90, § 4; amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2021, No. 53, § 2.)
The Secretary shall cause to be prepared and printed such compilations of the different chapters of the Vermont Statutes Annotated, and amendments thereto or laws affecting the subject matter thereof, as may be necessary for the purpose of distribution, exchange, or for the use of the respective State officers, commissioners, departments, and citizens of the State. The Secretary may cause such compilations to be provided with the proper indices. He or she shall also cause bulletins or circulars to be prepared and printed relating to statistical and other matters of public nature on file or recorded in his or her office, and may employ necessary assistance for the preparation of such compilations, indices, bulletins, and circulars. The expense of such preparation and publication of such compilations, indices, bulletins, and circulars shall be paid by the State, and the Commissioner of Finance and Management shall issue his or her warrants for such expenses when the accounts therefor have been duly approved by the Secretary. All accounts for printing shall also be approved by the Commissioner of Buildings and General Services before the Commissioner of Finance and Management issues such warrants.
(Amended 1961, No. 30, eff. March 17, 1961; 1983, No. 195 (Adj. Sess.), § 5(b); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.)
The Secretary shall procure one copy of the printed journal of each House of the General Assembly at each session thereof, one copy of the laws passed at such session, one copy of this and all subsequent revisions of the laws, immediately after the same are printed and published, and deposit the same in his or her office, which, with such laws and journals and revisions of the laws as are now in his or her office, shall be kept therein and shall not be taken therefrom unless by authority of law.
All books, papers and records of the Surveyor General which are in the possession of the State or may come into its possession shall be in the custody of the Secretary of State, and copies thereof duly certified by such officer shall be evidence in court and have the same force as the original.
(a) The Secretary shall procure from the proper sources authenticated copies of such original charters of townships in this State as were not granted by the General Assembly.
(b) Copies of original charters of townships deposited in the Secretary of State’s office shall be valid records of such charters, and such record or copies thereof duly certified by the Secretary of State shall be competent evidence of such original charters in court.
The Secretary shall make such statements and communications to the General Assembly as may be required by it.
The Secretary of State may record by photostatic or photographic method any instrument, paper, or document required by law to be recorded by him or her, and he or she may give photostatic or photographic copies of the same, required by law to be filed or recorded with him or her, upon tender of his or her legal fees. Such copies, duly certified by him or her, shall be competent evidence in court and have the same force as the originals thereof would have had if produced in court.
(Amended 2019, No. 131 (Adj. Sess.), § 3.)
[Repealed]
1989, No. 250 (Adj. Sess.), § 92.
[Repealed]
1975, No. 118, § 101.
[Repealed]
1981, No. 217 (Adj. Sess.), § 11.
(a)(1) The Vermont State Archives and Records Administration shall maintain and make available on its website a registry of State boards and commissions and shall update that registry when changes are made that affect the information provided in the registry.
(2)(A) The registry shall include the names of the members of each State board and commission, their term length and expiration, and their appointing authority.
(B) Each State board and commission shall be responsible for providing to the Vermont State Archives and Records Administration this registry information and any updates to it in a manner prescribed by the State Archivist.
(3) The registry shall track the dates of the initial creation of State boards and commissions created by State law and of any amendments to those laws for the purpose of the intended five-year expiration of those State boards and commissions described in subsection (b) of this section.
(b)(1) It is the intent of the General Assembly that, except for State boards and commissions required by interstate compact and except as otherwise provided by law, a State board or commission created by State law shall cease to exist after five years from the date of its initial creation, five years from the last date that the statutory or session law containing the State board or commission was amended, or on January 1, 2025, whichever date is latest.
(2)(A) In each biennial session beginning in the year 2025, the Office of Legislative Counsel, in consultation with the Vermont State Archives and Records Administration and based on the registry’s date tracking described in subdivision (a)(3) of this section, shall prepare for the General Assembly’s review a list of the State boards and commissions subject to expiration under this subsection.
(B) A State board or commission shall only expire pursuant to legislative enactment.
(c) As used in this section, “State board or commission” means a professional or occupational licensing board or commission, advisory board or commission, appeals board, promotional board, interstate board, supervisory board or council, or any other similar entity that:
(1) is created by State law;
(2) is established as or is attached to an Executive Branch entity;
(3) has statewide jurisdiction or carries out a State function; and
(4) is not composed of members appointed exclusively by regional, county, or municipal entities.
(Added 2018, No. 2 (Sp. Sess.), § 12, eff. Jan. 1, 2019; amended 2019, No. 61, § 1; 2023, No. 53, § 3, eff. June 8, 2023.)
(a) As used in this chapter:
(1) “Records and information management” means the efficient and systematic control of the creation, receipt, maintenance, use, and disposition of public records, including the processes for capturing and maintaining evidence of, and information about, public agency business activities and transactions in the form of public records.
(2) “Archives” or “archival records” means public records that have continuing legal, administrative, or informational value.
(3) “Appraisal” means the identification, classification, and analysis of all public records, regardless of physical form or characteristics, to determine their value and ultimate disposition, based upon their legal, administrative, or informational value.
(4) “Public record” or “public document” has the same meaning as set forth in 1 V.S.A. § 317.
(5) “Public agency” has the same meaning as set forth in 1 V.S.A. § 317.
(6) “Record schedule” means a policy issued by the Vermont State Archives and Records Administration and approved by the State Archivist governing the life cycle management, retention, and disposition of public records.
(b) There is created within the Office of the Secretary of State the Vermont State Archives and Records Administration, which is charged with administering a Statewide Records and Information Management Program for all public agencies in accordance with generally accepted record-keeping principles and industry standards and best practices.
(c) Services of the Statewide Records and Information Management Program shall include:
(1) providing assistance to public agencies in establishing, maintaining, and implementing active and continuing internal records and information management programs for the effective management of records produced or acquired in the course of public agency business;
(2) ensuring that low-cost, secure repositories and systems for public records, regardless of format, are available at an enterprise or statewide level and managed and operated in a manner that supports compliance with generally accepted record-keeping principles, industry standards, best practices, the Public Records Act, this section, and, where applicable, section 218 of this title;
(3) developing, issuing, and maintaining statewide records and information management standards and information governance frameworks;
(4) performing formal appraisals of public records and issuing record schedules accordingly;
(5) operating a Records Center to hold inactive analog State public records in accordance with record schedules;
(6) accepting land records submitted on microfilm by municipal and county clerks for storage in the Records Center;
(7) taking legal custody of State archival records, regardless of format, in accordance with record schedules; and
(8) arranging, describing, and preserving archival records in accordance with archival principles and best practices, and promoting their use by government officials and the public.
(d) The State Archivist may appoint an advisory committee to provide assistance and support for the State Archives and Records Administration.
(e) The Secretary may adopt rules consistent with this section.
(f) There shall be the Director of the Vermont State Archives and Records Administration who shall have the title of “State Archivist,” who shall be qualified by education and professional experience to perform the duties of the position, and who shall simultaneously serve as Chief Records Officer. The State Archivist shall be a classified position within the Office of the Secretary of State.
(g) In fulfilling the duties as Director of the Vermont State Archives and Records Administration, the State Archivist shall:
(1) issue policies, standards, guidelines, and procedures necessary to carry out the provisions of this section;
(2) administer and maintain the Statewide Records and Information Management Program for the efficient and systematic control of public records;
(3) approve record schedules governing the life cycle management, retention, and disposition of public records;
(4) receive grants, gifts, aid, or assistance, of any kind, from any source, public or private, for the purpose of managing, preserving, or promoting public records; and
(5) serve as chair of the Vermont Historical Records Advisory Board pursuant to 36 C.F.R. part 1206 for the purposes of improving public access to, and engagement with, Vermont historical records and encouraging and facilitating collaborative efforts among Vermont historical records repositories.
(h) [Repealed.]
(i) [Repealed.]
(j) [Repealed.]
(k) There is hereby created the Public Records Special Fund. The Fund shall be administered as a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5. The purpose of the Fund is to support improved management of public records by State agencies. The Fund shall consist of receipts from other government agencies for the provision of Records and Information Management Program services by the Vermont State Archives and Records Administration in the Office of the Secretary of State. The Fund shall be available to the Office of the Secretary of State and shall be expended for the purposes of activities authorized by subsection (c) of this section.
(Added 1973, No. 32, § 1 eff. March 28, 1973; amended 1989, No. 186 (Adj. Sess.), § 1; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 3, § 1; 2007, No. 96 (Adj. Sess.), § 3; 2009, No. 91 (Adj. Sess.), § 2, eff. May 6, 2010; 2011, No. 139 (Adj. Sess.), § 2, eff. May 14, 2012; 2013, No. 1, § 77; 2017, No. 74, § 142; 2017, No. 100 (Adj. Sess.), § 1; 2019, No. 14, § 2, eff. April 30, 2019.)
(a) There is hereby created a Secretary of State Services Fund. The Fund shall be used to provide appropriations for the operations of the Office of the Secretary of State, with the exception of those operations provided for in chapter 5, subchapter 3 of this title. The Fund shall be administered as a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5. At the end of each fiscal year, the unobligated balance in this Fund shall be transferred to the General Fund.
(b) All revenues collected by the Secretary of State shall be deposited into the Secretary of State Services Fund except for the following revenues:
(1) any revenues collected by the Office of Professional Regulation set forth in chapter 5, subchapter 3 of this title; and
(2) any revenues collected pursuant to subsection 117(k) of this title.
(c) The Secretary of State shall have the authority to collect and deposit into the Secretary of State Services Fund revenues generated from optional services offered in the normal course of business, including for one-time or periodic sales of data by subscription or other contractual basis.
(Added 2013, No. 1, § 78; amended 2025, No. 58, § 1, eff. July 1, 2025.)
As used in this subchapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Licensing board” or “board” refers to the boards, commissions, and professions listed in section 122 of this subchapter and, in the case of disciplinary matters or denials of licensure, either an administrative law officer appointed under subsection 129(j) of this subchapter or the Director in advisor professions. Notwithstanding statutory language to the contrary, this subchapter shall apply to all those boards.
(3)(A) “License” includes any certification, registration, permit, commission, or other official authorization to undertake a regulated activity.
(B) “Licensee” includes any person to whom a license has been issued by a board or the Director.
(4) “Office” means the Office of Professional Regulation.
(Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40, § 1; 2001, No. 132 (Adj. Sess.), § 1; 2005, No. 148 (Adj. Sess.), § 1; 2019, No. 30, § 1.)
The Office of Professional Regulation is created within the Office of the Secretary of State. The Office shall have a director who shall be qualified by education and professional experience to perform the duties of the position. The Director of the Office of Professional Regulation shall be a classified position with the Office of the Secretary of State. The following boards or professions are attached to the Office of Professional Regulation:
(1) Board of Architects
(2) Barbers and Cosmetologists
(3) Board of Chiropractic
(4) Board of Allied Mental Health Practitioners
(5) Board of Dental Examiners
(6) Funeral Service
(7) Board of Professional Engineering
(8) Board of Land Surveyors
(9) [Repealed.]
(10) Board of Nursing
(11) Nursing Home Administrators
(12) Opticians
(13) Board of Optometry
(14) Board of Osteopathic Physicians and Surgeons
(15) Board of Pharmacy
(16) Physical Therapists
(17) Radiologic Technology
(18) Private Investigative and Security Services
(19) Board of Public Accountancy
(20) Board of Veterinary Medicine
(21) [Repealed.]
(22) Boxing
(23) Board of Psychological Examiners
(24) Real Estate Commission
(25) Clinical Social Workers
(26) Acupuncturists
(27) Tattooists and Body Piercers
(28) Audiologists and Hearing Aid Dispensers
(29) Real Estate Appraisers
(30) Auctioneers
(31) Occupational Therapists
(32) Dietitians
(33) Respiratory Care Practitioners
(34) Psychoanalysts
(35) Foresters
(36) [Repealed.]
(37) Naturopathic Physicians
(38) Athletic Trainers
(39) Midwifery
(40) Electrology
(41) Speech-Language Pathologists
(42) Landscape Architects
(43) Property Inspectors
(44) Applied Behavior Analysts
(45) Alcohol and Drug Abuse Counselors
(46) Potable Water Supply and Wastewater System Designers
(47) Pollution Abatement Facility Operators
(48) Notaries Public
(49) Massage Therapists, Bodyworkers, and Touch Professionals
(50) Well Drillers
(51) Residential Contractors
(52) Peer Support Providers
(53) Peer Recovery Support Specialists
[Subdivision (54) effective July 1, 2026.]
(54) Community-Based Perinatal Doulas
(Added 1989, No. 250 (Adj. Sess.), § 1; amended 1989, No. 264 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 61; 1991, No. 236 (Adj. Sess.), § 3; 1993, No. 102, § 2; 1993, No. 103, § 2; 1993, No. 222 (Adj. Sess.), § 18; 1995, No. 79 (Adj. Sess.), § 2; 1995, No. 171 (Adj. Sess.), § 4; 1997, No. 40, § 76; 1997, No. 108 (Adj. Sess.), § 3, eff. Jan. 1, 1999; 1999, No. 133 (Adj. Sess.), § 52; 2001, No. 132 (Adj. Sess.), § 2; 2001, No. 151 (Adj. Sess.), § 49, eff. July 1, 2003; 2011, No. 116 (Adj. Sess.), § 1; 2013, No. 136 (Adj. Sess.), § 1; 2013, No. 138 (Adj. Sess.), § 1; 2015, No. 38, § 45, eff. July 1, 2016; 2015, No. 156 (Adj. Sess.), § 2, eff. Sept. 1, 2016; 2015, No. 156 (Adj. Sess.), § 10, eff. Jan. 1, 2017; 2015, No. 166 (Adj. Sess.), § 1; 2019, No. 30, § 2; 2019, No. 178 (Adj. Sess.), § 1, eff. Oct. 1, 2020; 2019, No. 178 (Adj. Sess.), § 28, eff. April 1, 2021; 2021, No. 69, § 1, eff. June 8, 2021; 2021, No. 182 (Adj. Sess.), § 13, eff. July 1, 2022; 2023, No. 170 (Adj. Sess.), § 1, eff. July 1, 2025; 2025, No. 50, § 2, eff. July 1, 2026; 2025, No. 58, § 9, eff. July 1, 2025.)
(a) The Office shall provide administrative, secretarial, financial, investigatory, inspection, and legal services to the boards. The services provided by the Office shall include:
(1) Sending, receiving, and processing applications for licenses.
(2) Issuing, recording, renewing, and reinstating all licenses as ordered by the boards, an appellate officer, the Director, an administrative law officer, or a court.
(3) Revoking or suspending licenses as ordered by the boards, the Director, an administrative law officer, or a court.
(4) Keeping all files and records of the boards, including minutes of meetings.
(5) Compiling and maintaining a current register of all licensees.
(6) Compiling and maintaining statistical information for each board, including the number of applications received; the number of licenses, certificates, registrations, and permits issued, renewed, and reinstated; examination results; the number and disposition of inspections and complaints; and the number of board meetings.
(7) Collecting and depositing all fees into the Professional Regulatory Fee Fund.
(8) Arranging payment of all expenses incurred by the boards within the limits of the funds appropriated to them.
(9) Standardizing, to the extent feasible and with the advice of the boards, all applications, licenses, and other related forms and procedures, and adopting uniform procedural rules governing the investigatory and disciplinary process for all boards set forth in section 122 of this chapter.
(10) Notifying the public and board members of all meetings and examinations to be held by the boards and arranging for places for those meetings and examinations.
(11) Assisting the boards in developing rules consistent with the principles set forth in 26 V.S.A. chapter 57. Notwithstanding any provision of law to the contrary, the Secretary of State shall serve as the adopting authority for those rules.
(12) With the assistance of the boards, establishing a schedule of license renewal and termination dates so as to distribute the renewal work in the Office as effectively as possible.
(A) Licenses may be issued and renewed according to that schedule for periods of up to two years.
(B) A person whose initial license is issued within 90 days prior to the set renewal date shall not be required to renew the license until the end of the first full biennial licensing period following initial licensure.
(13) To the extent that resources permit, providing other administrative services that are necessary or desirable for the efficient operation of the boards.
(b) The Director shall consult with each board and prepare a consolidated budget for the Office. The consolidated budget shall also contain funds deemed to be required by the Director for the administration of this chapter. The Director shall submit the consolidated budget to the Secretary of State.
(c) The Director may purchase examination materials and contract with examination providers to administer examinations.
(d) The Director may adopt procedures for the effective administration of this section.
(e) The Secretary of State shall contract with and appoint one or more attorneys licensed to practice in this State to serve as administrative law officers under subsection 129(j) of this title or appellate officers under section 130a of this title.
(f) Classified State employees who are employed as investigators by the Secretary of State who have successfully met the standards of training for a Level III law enforcement officer under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment.
(g)(1) The Office shall establish uniform procedures applicable to all of the professions and boards set forth in section 122 of this chapter, providing for:
(A) appropriate recognition of education, training, or service completed by a member of the U.S. Armed Forces toward the requirements of professional licensure; and
(B) expedited issuance of a professional license to a person who is licensed in good standing in another regulatory jurisdiction; and
(i) whose spouse is a member of the U.S. Armed Forces and who has been subject to a military transfer to Vermont; and
(ii) who left employment to accompany his or her spouse to Vermont.
(2) The Director may evaluate specific military credentials to determine equivalency to credentials required for professions attached to the Office. The determinations shall be adopted through written policy that shall be posted on the Office’s website.
(3) The Director may evaluate apprenticeship programs recognized or administered by the Vermont Department of Labor, Agency of Education, or U.S. Department of Labor to determine equivalency to credentials required for professions attached to the Office. The determinations shall be adopted through written policy that shall be posted on the Office’s website.
(h) Notwithstanding any provision of Title 26 of the Vermont Statutes Annotated to the contrary, the Office, on behalf of the Director or a board, may use electronic mail to send notices and reminders that would otherwise be sent by mail, except certified mail, and may use online services to elicit information and sworn attestations that would otherwise be obtained on a paper form.
(i)(1) The Director shall actively monitor the actions of boards attached to the Office and shall ensure that all board actions pursued or decided are lawful, consistent with State policy, reasonably calculated to protect the public, and not an undue restraint of trade.
(2) If the Director finds an exercise of board authority or discretion does not meet those standards, the Director may, except in the case of disciplinary actions:
(A) provide written notice to the board explaining the perceived inconsistency, which notice shall have the effect of staying that action and implementing any alternative prescribed by the Director;
(B) schedule a public meeting with the board to resolve questions about the action and explore alternatives; and
(C) within 60 days following that meeting, issue a written directive finding that:
(i) the exercise of board authority or discretion is consistent with State policy, in which case the action shall be reinstated;
(ii) the exercise of board authority or discretion is inconsistent with State policy in form, but may be modified to achieve consistency, in which case the board may issue a modified action consistent with the Director’s recommendation; or
(iii) the exercise of board authority or discretion is inconsistent with State policy in purpose, in which case any alternative prescribed by the Director shall stand as the regulatory policy of the State.
(j)(1) The Office may inquire into the criminal background histories of applicants for initial licensure and for license renewal of any Office-issued credential, including a license, certification, registration, or specialty designation for the following professions:
(A) licensed nursing assistants, licensed practical nurses, registered nurses, and advanced practice registered nurses licensed under 26 V.S.A. chapter 28;
(B) private investigators, security guards, and other persons licensed under 26 V.S.A. chapter 59;
(C) real estate appraisers and other persons or business entities licensed under 26 V.S.A. chapter 69;
(D) osteopathic physicians licensed under 26 V.S.A. chapter 33;
(E) physical therapists and physical therapist assistants licensed under 26 V.S.A. chapter 38;
(F) licensed clinical mental health counselors licensed under 26 V.S.A. chapter 65;
(G) audiologists licensed under 26 V.S.A. chapter 67;
(H) licensed marriage and family therapists licensed under 26 V.S.A. chapter 76;
(I) speech-language pathologists licensed under 26 V.S.A. chapter 87;
(J) social workers licensed under 26 V.S.A. chapter 61;
(K) individuals registered on the roster of psychotherapists who are nonlicensed and noncertified;
(L) psychologists licensed under 26 V.S.A. chapter 55;
(M) occupational therapists licensed under 26 V.S.A. chapter 71;
(N) peer support providers and peer recovery support specialists certified under 26 V.S.A. chapter 60; and
[Subdivision (j)(1)(O) effective July 1, 2026.]
(O) community-based perinatal doulas certified under 26 V.S.A. chapter 84.
(2) Prior to acting on an initial or renewal application, the Office may obtain with respect to the applicant a Vermont criminal history record, an out-of-state criminal history record, and a criminal history record from the Federal Bureau of Investigation. Federal Bureau of Investigation background checks shall be fingerprint-supported, and fingerprints so obtained may be retained on file and used to notify the Office of future triggering events. Each applicant shall consent to the release of criminal history records to the Office on forms developed by the Vermont Crime Information Center.
(3) Applicants subject to background checks shall be notified that a check is required, if fingerprints will be retained on file, and that criminal convictions are not an absolute bar to licensure, and shall be provided such other information as may be required by federal law or regulation.
(k) For any profession attached to it, the Office shall provide a pre-application determination of an individual’s criminal background. This determination shall not be binding on the Office in a future application if the individual violates probation or parole or is convicted of another crime following the determination.
(1) The Office shall initiate this determination upon an individual’s “second chance” determination request. This request shall provide documentation related to the individual’s conviction or convictions, evidence of rehabilitation, and identification of the profession or professions for which the individual seeks licensure.
(2) The individual shall submit this request online, accompanied by the fee for preapplication determinations set forth in section 125 of this subchapter.
(3) The Office shall:
(A) process a request within 30 days of receiving a complete request;
(B) assess the nature of the underlying conviction or convictions, the nexus to the profession or professions for which the individual seeks licensure, and the provided evidence of rehabilitation; and
(C) respond to the individual’s request in writing.
(l) When, by reason of disqualification, resignation, vacancy, or necessary absence, a board is unable to form a quorum or assign one or more members to assist in the investigation and prosecution of complaints or license applications, or to adjudicate a contested case, the Secretary of State may appoint ad hoc members, either as voting members to establish a quorum at a specific meeting or as nonvoting members to assist Office investigators and prosecutors.
(m) The provisions of subsection 116a(b) of this title shall not apply to the Office. The Office shall utilize the procedures within 26 V.S.A. chapter 57 to review whether regulation of a profession is still necessary.
(Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40, § 2; 1999, No. 133 (Adj. Sess.), § 51; 2003, No. 122 (Adj. Sess.), § 78g; 2005, No. 27, § 1; 2007, No. 163 (Adj. Sess.), § 1; 2009, No. 33, § 4; 2009, No. 103 (Adj. Sess.), § 1; 2011, No. 116 (Adj. Sess.), § 2; 2013, No. 27, § 1; 2013, No. 138 (Adj. Sess.), § 2; 2013, No. 141 (Adj. Sess.), § 11, eff. July 1, 2015; 2017, No. 48, § 1; 2017, No. 115 (Adj. Sess.), § 2, eff. Jan. 1, 2020; 2017, No. 144 (Adj. Sess.), § 1; 2019, No. 152 (Adj. Sess.), § 1, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 2, eff. Oct. 1, 2020; 2021, No. 69, § 2; 2023, No. 34, § 2, eff. July 1, 2023; 2023, No. 35, § 2, eff. July 1, 2023; 2023, No. 36, § 4, eff. July 1, 2023; 2023, No. 91 (Adj. Sess.), § 2, eff. April 23, 2024; 2023, No. 112 (Adj. Sess.), § 3, eff. July 1, 2025; 2023, No. 158 (Adj. Sess.), § 1a, eff. June 6, 2024; 2023, No. 170 (Adj. Sess.), § 2, eff. July 1, 2025; 2025, No. 50, § 3, eff. July 1, 2026; 2025, No. 58, § 4, eff. July 1, 2025.)
(a) Except as otherwise provided in subsection (b) of this section, it is the policy of this State that:
(1) the cost of regulating a profession attached to the Office of Professional Regulation should be borne by the profession; and
(2) one profession should not subsidize the cost of regulating another profession.
(b) Professions regulated by the Director in consultation with advisor appointees shall share the cost of regulating those professions.
(c) A Professional Regulatory Fee Fund is created. All revenues received by the office shall be deposited into the Fund, credited to the appropriate board or to the professions regulated by the Director as a group, as appropriate, shall be used to offset up to two years of the costs incurred by that board or that group and shall not be used for any purpose other than professional regulation.
(d) To ensure that revenues derived by the Office are adequate to offset the cost of regulation, the Secretary of State shall review fees from time to time, and present proposed fee changes to the General Assembly.
(Added 1989, No. 250 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 62; 1997, No. 59, § 44, eff. June 30, 1997; 1999, No. 52, § 1; 2007, No. 163 (Adj. Sess.), § 2.)
(a) In addition to the fees otherwise authorized by law, a board or advisor profession may charge the following fees:
(1) Verification of license, $30.00.
(2) An examination fee established by the Secretary, which shall be not greater than the costs associated with examinations.
(3) Reinstatement fees for expired licenses pursuant to section 127 (unauthorized practice) of this title.
(4) Continuing, qualifying, or prelicensing education course approval:
(A) Provider, $100.00.
(B) Individual, $25.00.
(5) A preapplication criminal background determination, $25.00.
(b) Unless otherwise provided by law, the following fees shall apply to all professions regulated by the Director in consultation with advisor appointees under Title 26:
(1) Application for registration, $100.00, except application for:
(A) Private investigator and security services employees, unarmed registrants, $70.00.
(B) Private investigator and security service employees, transitory permits, $70.00.
(C) Private investigator and security service employees, armed registrants, $140.00.
(2) Application for licensure or certification, $115.00, except application for:
(A) Barbering or cosmetology schools and shops, $355.00.
(B) Funeral directors, embalmers, disposition facility personnel, removal personnel, funeral establishments, disposition facilities, and limited services establishments, $85.00.
(C) Application for real estate appraisers, $315.00.
(D) Temporary real estate appraiser license, $175.00.
(E) Appraisal management company registration, $685.00.
(F) Private investigator or security services agency, $390.00.
(G) Private investigator and security services agency, $460.00.
(H) Private investigator or security services sole proprietor, $250.00.
(I) Private investigator or security services unarmed licensee, $175.00.
(J) Private investigator or security services armed licensee, $230.00.
(K) Private investigator and security services instructor, $140.00.
(L) Barbers, cosmetologists, nail technicians, and estheticians, $120.00.
(M) Massage therapist, bodyworker, or touch professional, $90.00.
(N) Optician, $145.00.
(O) Physical therapists and assistants, $120.00.
(P) Independent clinical social workers and master’s social workers, $120.00.
[Subdivision (b)(2)(Q) effective until July 1, 2027; see also subdivision (b)(2)(Q) effective July 1, 2027, set out below.]
(Q) Peer support providers or peer recovery support specialists, $50.00.
[Subdivision (b)(2)(Q) effective July 1, 2027; see also subdivision (b)(2)(Q) effective until July 1, 2027, set out above.]
(Q) Peer support providers or peer recovery support specialists, $75.00.
[Subdivision (b)(2)(R) effective July 1, 2026.]
(R) Community-based perinatal doulas, $75.00.
(3) Optician trainee registration, $75.00.
(4) Biennial renewal, $275.00, except biennial renewal for:
(A) Independent clinical social workers and master’s social workers, $180.00.
(B) Occupational therapists and assistants, $180.00, except that a licensee of a remote state under the Occupational Therapy Licensure Compact established in 26 V.S.A. chapter 71, subchapter 2 shall pay a biennial $50.00 privilege to practice fee.
(C) Physical therapists and assistants, $180.00, except that a licensee of a remote state under the Physical Therapy Licensure Compact established in 26 V.S.A. chapter 38, subchapter 5 shall pay a biennial $50.00 privilege to practice fee.
(D) Optician trainees, $135.00.
(E) Barbers, cosmetologists, nail technicians, and estheticians, $155.00.
(F) Schools of barbering or cosmetology, $355.00.
(G) Funeral directors and embalmers, $415.00.
(H) Disposition facility personnel and removal personnel, $150.00.
(I) Funeral establishments, disposition facilities, and limited services establishments, $945.00.
(J) [Repealed.]
(K) Radiologic therapist, radiologic technologist, nuclear medicine technologist, $175.00.
(L) Certified alcohol and drug abuse counselor, certified apprentice addiction professional, and licensed alcohol and drug abuse counselor, $260.00.
(M) Private investigator or security services agency, or both, $345.00.
(N) Private investigator or security services unarmed licensee, $140.00.
(O) Private investigator or security services armed licensee, $205.00.
(P) Private investigator or security services unarmed registrant, $95.00.
(Q) Private investigator or security services armed registrant, $150.00.
(R) Private investigator or security services sole proprietor, $250.00.
(S) Private investigator or security services instructor, $205.00.
(T) Barbering or cosmetology shop, $285.00.
(U) A licensee of a remote state under the Audiology and Speech-Language Pathology Interstate Compact established in 26 V.S.A. chapter 87, subchapter 2 shall pay a biennial $50.00 privilege to practice fee.
[Subdivision (b)(4)(V) effective until July 1, 2027; see also subdivision (b)(4)(V) effective July 1, 2027 set out below.]
(V) Peer support providers or peer recovery support specialists, $50.00.
[Subdivision (b)(4)(V) effective July 1, 2027.]
(V) Peer support providers or peer recovery support specialists, $75.00.
(W) Electrology shop, $200.00.
[Subdivision (b)(4)(X) effective July 1, 2026.]
(X) Community-based perinatal doulas, $120.00.
(5) Limited temporary license or work permit, $60.00.
(6) Radiologic evaluation, $125.00.
(7) Annual renewal for appraisal management company registration, $345.00.
(8) Real estate appraiser trainee, $115.00.
(9) Apprenticeship application, $50.00.
(10) Specialty or endorsement to existing license application, $100.00.
(11) Disciplinary action surcharge, $250.00.
(c) [Repealed.]
(d) Pursuant to qualifications and procedures determined by the Director, the Office shall, upon request, waive application fees to qualified military members and military spouses.
(Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40, § 3; 1997, No. 59, § 45, eff. June 30, 1997; 1997, No. 145 (Adj. Sess.), § 1; 1999, No. 133 (Adj. Sess.), §§ 1, 45; 2001, No. 143 (Adj. Sess.), § 17, eff. June 21, 2002; 2005, No. 27, § 2; 2005, No. 72, § 7; 2009, No. 103 (Adj. Sess.), § 2; 2011, No. 116 (Adj. Sess.), § 3; 2015, No. 38, § 1, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 2, eff. May 21, 2018; 2019, No. 70, § 13; 2019, No. 152 (Adj. Sess.), § 2, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 3, eff. Oct. 1, 2020; 2021, No. 169 (Adj. Sess.), § 27, eff. June 1, 2023; 2023, No. 35, § 3, eff. July 1, 2024; 2023, No. 36, § 6, eff. July 1, 2024; 2023, No. 77, § 14, eff. June 20, 2023; 2023, No. 112 (Adj. Sess.), § 4, eff. July 1, 2025; 2023, No. 170 (Adj. Sess.), § 3, eff. July 1, 2025; 2023, No. 170 (Adj. Sess.), § 3a, eff. July 1, 2027; 2025, No. 50, § 4, eff. July 1, 2026; 2025, No. 58, § 2, eff. July 1, 2025; 2025, No. 58, § 3, eff. July 1, 2027.)
Whenever a person practicing a profession attached to the Office resides outside the borders of the State and fails to appoint an agent for process, the Secretary of State shall be an agent of that person, upon whom any process, notice, or demand may be served. In the event any process, notice, or demand is served on the Secretary of State, the Secretary shall immediately cause one of the copies thereof to be forwarded by certified mail, addressed to the person at its registered Office.
(Added 1989, No. 250 (Adj. Sess.), § 1.)
(a) When the Office receives a complaint of unauthorized practice, the Director shall refer the complaint to Office investigators and prosecutors.
(b)(1) A person practicing a regulated profession without authority or an employer permitting such practice may, upon the complaint of the Attorney General or a State’s Attorney or an attorney assigned by the Office of Professional Regulation, be enjoined therefrom by the Superior Court where the violation occurred or the Washington County Superior Court and may be assessed a civil penalty of not more than $5,000.00.
(2)(A) The Attorney General or an attorney assigned by the Office of Professional Regulation may elect to bring an action seeking only a civil penalty of not more than $5,000.00 for practicing or permitting the practice of a regulated profession without authority before the board having regulatory authority over the profession or before an administrative law officer.
(B) Hearings shall be conducted in the same manner as disciplinary hearings.
(3)(A) A civil penalty imposed by a board or administrative law officer under this subsection (b) shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter.
(B) The Director shall detail in the annual report receipts and expenses from these civil penalties.
(c) In addition to other provisions of law, unauthorized practice shall be punishable by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Prosecution may occur upon the complaint of the Attorney General or a State’s Attorney or an attorney assigned by the Office of Professional Regulation under this section and shall not act as a bar to civil or administrative proceedings involving the same conduct.
(d)(1) A person whose license has expired for not more than one biennial period may reinstate the license by meeting renewal requirements for the profession, paying the profession’s renewal fee, and paying the following nondisciplinary reinstatement penalty:
(A) if reinstatement occurs within 30 days after the expiration date, $100.00; or
(B) if reinstatement occurs more than 30 days after the expiration date, an amount equal to the renewal fee increased by $40.00 for every additional month or fraction of a month, provided the total penalty shall not exceed $1,500.00.
(2) Fees assessed under this subsection shall be deposited into the Regulatory Fee Fund and credited to the appropriate fund for the profession of the reinstating licensee.
(3) A licensee seeking reinstatement may submit a petition for relief from the reinstatement penalty, which a board may grant only upon a finding of exceptional circumstances or extreme hardship to the licensee; provided, however, that fees under this subsection shall not be assessed for any period during which a licensee was a member of the U.S. Armed Forces on active duty.
(4) Practice by a licensee with an expired license that continues for more than two years, or practicing at any time when the licensee knew or should have known the license was expired, may be prosecuted by the State as unauthorized practice under this section or as unprofessional conduct pursuant to subdivision 129a(a)(3) of this title.
(e) A person practicing a licensed profession without authority shall not institute any proceedings in this State for the enforcement of any right or obligation if at the time of the creation of the right or obligation the unlicensed person was acting without authority.
(f) The provisions of this section shall be in addition to any other remedies or penalties for unauthorized practice established by law.
(Added 1989, No. 250 (Adj. Sess.), § 1; amended 1995, No. 138 (Adj. Sess.), § 12, eff. May 1, 1996; 1995, No. 171 (Adj. Sess.), § 8, eff. May 15, 1996; 2003, No. 60, § 1; 2003, No. 66, § 84; 2005, No. 27, § 3; 2005, No. 148 (Adj. Sess.), § 2; 2015, No. 38, § 2, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 3; 2019, No. 30, § 3; 2023, No. 158 (Adj. Sess.), § 1, eff. June 6, 2024; 2025, No. 58, § 5, eff. July 1, 2025.)
(a)(1) Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Office, along with supporting information and evidence, any disciplinary action taken by it or its staff that limits or conditions the licensee’s privilege to practice or leads to suspension or expulsion from the institution.
(2) The report shall be made within 10 days of the date the disciplinary action was taken, regardless of whether the action is the subject of a pending appeal, and in the case of a licensee who is employed by, or under contract with, a community mental health center, a copy of the report shall also be sent to the Commissioners of Mental Health and of Disabilities, Aging, and Independent Living.
(3) This section shall not apply to cases of resignation, separation from service, or changes in privileges that are unrelated to:
(A) a disciplinary or adverse action;
(B) an adverse action report to the National Practitioner Data Bank;
(C) an unexpected adverse outcome in the care or treatment of a patient;
(D) misconduct or allegations of misconduct;
(E) the initiation or process of an action to limit, condition, or suspend a licensee’s privilege to practice in an institution;
(F) an action to expel the licensee from an institution; or
(G) any other action that could lead to an outcome described in subdivisions (A) through (F) of this subdivision (3).
(b) Within 30 days of any judgment or settlements involving a claim of professional negligence by a licensee, any insurer of the licensee shall report such information to the Office, regardless of whether the action is the subject of a pending appeal.
(c) Information provided to the Office under this section shall be confidential unless the Office decides to treat the report as a complaint, in which case the provisions of section 131 of this title shall apply.
(d) A person who acts in good faith in accord with the provisions of this section shall not be liable for damages in any civil action.
(e) A person who violates this section shall be subject to a civil penalty of not more than $1,000.00.
(Added 1989, No. 250 (Adj. Sess.), § 1; 1995, No. 126 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 1, eff. June 13, 2002; 2011, No. 66, § 1, eff. June 1, 2011; 2013, No. 96 (Adj. Sess.), § 5; 2013, No. 138 (Adj. Sess.), § 3; 2017, No. 48, § 2; 2017, No. 144 (Adj. Sess.), § 4.)
(a) In addition to any other provisions of law, a board or the Director, in the case of professions that have advisor appointees, may exercise the following powers:
(1) Consistent with other law and State policy, develop administrative rules establishing evidence-based standards of practice appropriate to secure and promote the public health, safety, and welfare; open and fair competition within the marketplace for professional services; interstate mobility of professionals; and public confidence in the integrity of professional services.
(2) Issue subpoenas and administer oaths in connection with any authorized hearing, investigation, or disciplinary proceeding. Subpoenas may be issued ex parte by the chair of the board, the Director, or any attorney representing a party. Depositions may be taken after charges upon due notice to all parties without specific authorization by the board.
(3) Issue warnings or reprimands, suspend, revoke, limit, condition, deny, or prevent renewal of licenses, after disciplinary hearings or, in cases requiring emergency action, immediately suspend, as provided by section 814 of this title. In a case involving noncompliance with a statute or rule relating to administrative duties not related to patient, client, or customer care, a board or hearing officer may determine that ordering a monetary civil penalty does not constitute a finding of unprofessional conduct. After a finding of unprofessional conduct, a respondent shall pay a disciplinary action surcharge pursuant to subdivision 125(b)(11) of this title. The proceeds from the disciplinary action surcharge shall be deposited into the Professional Regulatory Fee Fund.
(4) Reinstate or deny reinstatement of a license that has been revoked, suspended, limited, or conditioned.
(5) Discipline any licensee or refuse to license any person who has had a license application denied or a license revoked, suspended, limited, conditioned, or otherwise disciplined by a licensing agency in another jurisdiction for conduct that would constitute unprofessional conduct in this State, or has surrendered a license while under investigation for unprofessional conduct.
(6) Notify relevant State, federal, and local agencies and appropriate bodies in other states of the status of any disciplinary case against an applicant or licensee, provided the board has taken disciplinary action or has served a notice of charges against the person.
(7) Refuse to accept the return of a license tendered by the subject of a disciplinary investigation or refuse to allow an applicant who is the subject of a disciplinary investigation to withdraw his or her application without permission of the board.
(8) Adopt rules governing the issuance of licenses to practice, to persons licensed and in good standing to practice in another jurisdiction, that authorize the holder of the license to practice in this State for no more than 10 days or 80 hours in any calendar year upon payment of the required fee.
(9) For good cause shown, waive fees when a license is required to provide services on a pro bono basis or in accordance with standards established by the board by rule.
(10)(A) Issue temporary licenses during a declared state of emergency. The person to be issued a temporary license must be:
(i) currently licensed, in good standing, and not subject to disciplinary proceedings in any other jurisdiction; or
(ii) a graduate of an approved education program during a period when licensing examinations are not reasonably available.
(B) The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first, provided the licensee remains in good standing, and may be reissued by the board if the declared state of emergency continues longer than 90 days.
(C) Fees shall be waived when a license is required to provide services under this subdivision (10).
(11) Treat as incomplete any license application submitted with a check subsequently returned for insufficient funds or without the personal attestation of the applicant or an authorized officer of an applicant corporation as to the representations made in the license application.
(12) Waive or modify continuing education requirements for persons on active duty in the U.S. Armed Forces.
(13) Administer a Vermont statutes and rules examination as a condition of licensure, renewal, or reinstatement.
(14) Grant an honorary license to those individuals having demonstrated outstanding service to a profession, at the discretion of the board. An honorary license shall not confer the right or privilege to practice the profession in this State.
(b) A board or the Director, in the case of professions that have advisor appointees, shall receive complaints from any source, or may investigate without receiving a complaint.
(c)(1) Boards and administrative law officers sitting in disciplinary cases shall do so impartially and without ex parte knowledge of the case in controversy.
(2) A State prosecuting attorney assigned by the Office shall be responsible for prosecuting disciplinary cases before boards or administrative law officers.
(3) The Office may assign one or more board members or advisors to assist Office investigators and the prosecutor in relation to the investigation and prosecution of licensing and disciplinary matters. If a board member has served in this capacity, the member shall not participate in ex parte communications with other board members regarding the case and shall not participate in deliberating or deciding the case.
(d) A board or the Director shall notify parties, in writing, of their right to appeal final decisions of the board. A board or the Director shall also notify complainants in writing of the result of any disciplinary investigation made with reference to a complaint brought by them to the board or Director. When a disciplinary investigation results in a stipulation filed with the board, the board or the Director shall provide the complainant with a copy of the stipulation and notice of the stipulation review scheduled before the board. The complainant shall have the right to be heard at the stipulation review.
(e)(1) When a board or the Director, in the case of professions that have advisor appointees, intends to deny an application for a license based on the applicant’s past or current unprofessional conduct or based on an ongoing investigation of the applicant, in Vermont or elsewhere, for unprofessional conduct, the board or Director shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition within 30 days after the date on which the notice is mailed with the board or the Director for review of the board’s or Director’s preliminary decision.
(A) At the review hearing, the applicant shall bear the burden of proving that the preliminary denial should be reversed and that the license should be granted.
(B) After the hearing, the board or Director shall affirm or reverse the preliminary denial, explaining the reasons in writing.
(2) The decision of a board or the Director, in the case of professions that have advisor appointees, to deny an application for a license based on a finding by the board or the Director that the applicant has not fulfilled the qualifications or met the standards required for licensure shall be a final decision of the board or Director.
(A) Upon such a final decision by the board or the Director, the board or Director shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may appeal the decision of the board or Director to deny the application by filing a notice of appeal with the Director, who shall assign the case to an appellate officer.
(B) Appeals of decisions by the board or Director to deny an application for licensure based on the qualifications of an applicant shall be conducted in accordance with section 103a of this title. The record in the appeal shall include the applicant’s application for the professional license, the written notice of the decision to deny the application, and any other materials established in rules adopted in accordance with chapter 25 of this title.
(f)(1)(A) The Director may appoint a hearing officer, who shall be an attorney admitted to practice in this State, to conduct a hearing that would otherwise be heard by a board. A hearing officer appointed under this subsection (f) may administer oaths and exercise the powers of the board properly incidental to the conduct of the hearing.
(B) When disciplinary charges are pending concurrently against a single individual or entity, in one profession or multiple, the Director is authorized to order that the matters be consolidated in a single proceeding.
(2) In board professions, when a hearing is conducted by a hearing officer, the officer shall report findings of fact and conclusions of law to the board. The report shall be made within 60 days of the conclusion of the hearing unless the board grants an extension. The provisions of section 811 of this title regarding proposals for decision shall not apply to the hearing officer report.
(3) The board may take additional evidence and may accept, reject, or modify the findings and conclusions of the hearing officer. Judgment on the findings shall be rendered by the board.
(g) A board may authorize any of the following:
(1) Its chair or Office legal counsel to grant continuances of scheduled hearings.
(2) Its chair to grant or deny stays pending appeal.
(3) An administrative law officer to convene and conduct prehearing conferences and to preside at hearings for the purpose of making procedural and evidentiary rulings. The board may overrule a ruling by an administrative law officer under this subdivision.
(4) Office staff to grant applications that present no substantial discretionary or factual question and to administer the policies of the board between regular meetings.
(h)(1) A board member, hearing officer, or administrative law officer having a personal or pecuniary interest or the appearance of a personal or pecuniary interest in the outcome of any board decision shall not participate in deciding the matter.
(2)(A) A board member, hearing officer, or administrative law officer whose disqualification is sought shall either disqualify himself or herself or, without ruling on the request for disqualification, refer the request to the Secretary of State, who shall rule on the request.
(B) The ruling of the Secretary of State on a request for disqualification shall be final and shall be subject to review only upon appeal of a final order of a board under section 130a of this title or of an administrative law officer under subsection (j) of this section.
(i) A board may consult with the Attorney General or an attorney assigned by the Office of Professional Regulation for the proper conduct of its affairs. The Director may assign Office legal counsel to assist a board in the lawful and orderly conduct of its open meetings and other nondisciplinary business, including making procedural and parliamentary rulings.
(j) Hearings involving denials of licensure or disciplinary matters concerning persons in professions that have advisor appointees shall be heard by an administrative law officer appointed by the Secretary of State.
(k)(1) Whenever completion of certain continuing education requirements is a condition of renewal, the board may require the applicant to develop and complete a specific corrective action plan, to be completed within 90 days.
(2) A board may grant a temporary renewal license pending the completion of the required continuing education.
(l) Unless a disciplinary order expressly provides to the contrary, discipline against any license or credential issued by a regulatory body attached to the Office to an individual or entity shall be applicable as a matter of law to all other licenses issued to that licensee by that regulatory body.
(m) In any proceeding under this section that addresses an applicant’s or licensee’s alleged sexual misconduct, evidence of the sexual history of the victim of the alleged sexual misconduct shall neither be subject to discovery nor be admitted into evidence. Neither opinion evidence of nor evidence of the reputation of the victim’s sexual conduct shall be admitted.
(n)(1) A board may designate a hearing panel consisting of less than a quorum of the board to conduct hearings that would otherwise be heard by the full board. A hearing panel shall consist of at least three members, including at least one professional member of the board and at least one public member of the board. No member of the hearing panel shall have been a board member who was assigned, in accordance with subdivision (c)(3) of this section, to assist the Office investigators and prosecutor in relation to the investigation and prosecution of the matter being heard. The Director shall establish by rule the process for designating a hearing panel.
(2) If there is an insufficient number of board members to serve on a hearing panel by reason of disqualification, resignation, vacancy, or necessary absence, the Director may appoint ad hoc members to serve on the hearing panel for that matter only.
(3) If a board is unable to convene in a timely manner to hear a disciplinary matter or to appoint a hearing panel, the Director may designate a hearing panel to hear a matter that would otherwise be heard by the full board. If the Director appoints a hearing panel, the Director shall follow the requirements of subdivisions (1) and (2) of this subsection.
(4) A hearing panel shall be designated solely upon the request and decision of the board or the Director and in accordance with this subsection and rules adopted by the Director in accordance with chapter 25 of this title.
(Added 1989, No. 250 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 63; 1993, No. 102, § 3; 1993, No. 103, § 3; 1993, No. 222 (Adj. Sess.), § 19; 1995, No. 126 (Adj. Sess.), § 2; 1995, No. 138 (Adj. Sess.), § 13, eff. May 1, 1996; 1995, No. 171 (Adj. Sess.), § 9, eff. May 15, 1996; 1997, No. 40, § 4; 1997, No. 145 (Adj. Sess.), § 2; 1999, No. 52, § 2; 1999, No. 133 (Adj. Sess.), § 2; 2001, No. 129 (Adj. Sess.), § 2, eff. June 13, 2002; 2001, No. 151 (Adj. Sess.), § 1, eff. June 27, 2002; 2003, No. 66, § 85; 2005, No. 27, § 4; 2005, No. 148 (Adj. Sess.), § 3; 2007, No. 29, § 1; 2007, No. 163 (Adj. Sess.), § 3; 2009, No. 35, § 1; 2009, No. 103 (Adj. Sess.), § 3; 2011, No. 66, § 2, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 4; 2015, No. 38, § 3, eff. May 28, 2015; 2017, No. 48, § 3; 2017, No. 144 (Adj. Sess.), § 5; 2019, No. 91 (Adj. Sess.), § 14, eff. March 30, 2020; 2019, No. 178 (Adj. Sess.), § 4, eff. Oct. 1, 2020; 2021, No. 69, § 3; 2023, No. 77, § 1, eff. June 20, 2023; 2023, No. 85 (Adj. Sess.), § 1, eff. July 1, 2024; 2025, No. 18, § 5, eff. May 13, 2025; 2025, No. 58, § 6, eff. July 1, 2025.)
(a) In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action. Any one of the following items or any combination of items, whether the conduct at issue was committed within or outside the State, shall constitute unprofessional conduct:
(1) Fraudulent or deceptive procurement or use of a license.
(2) Advertising, including advertising about health care services, that is intended or has a tendency to deceive or mislead.
(3) Failing to comply with provisions of federal or State statutes or rules governing the practice of the profession.
(4) Failing to comply with an order of the board or violating any term or condition of a license restricted by the board.
(5) Practicing the profession when medically or psychologically unfit to do so.
(6) Delegating professional responsibilities, including the delivery of health care services, to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education, or licensing credentials to perform them, or knowingly providing professional supervision or serving as a preceptor to a person who has not been licensed or registered as required by the laws of that person’s profession.
(7) Willfully making or filing false reports or records in the practice of the profession, willfully impeding or obstructing the proper making or filing of reports or records, willfully failing to file the proper reports or records, or willfully providing inaccurate health or medical information to a patient, including purposeful misrepresentation of a patient’s health status.
(8) Failing to make available promptly to a person using professional health care services, that person’s representative, or succeeding health care professionals or institutions, upon written request and direction of the person using professional health care services, copies of that person’s records in the possession or under the control of the licensed practitioner, or failing to notify patients or clients how to obtain their records when a practice closes.
(9) Failing to retain client records for a period of seven years, unless laws specific to the profession allow for a shorter retention period. When other laws or agency rules require retention for a longer period of time, the longer retention period shall apply.
(10) Conviction of a crime related to the practice of the profession or conviction of a felony, whether or not related to the practice of the profession. If an individual has a conviction of concern, the board or hearing officer shall consider the following in determining whether to deny or discipline a license, certification, or registration to the individual based on the following factors:
(A) the nature and seriousness of the conviction;
(B) the amount of time since the commission of the crime;
(C) the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession; and
(D) evidence of rehabilitation or treatment.
(11) Failing to report to the Office a conviction of any felony or misdemeanor offense in a Vermont District Court, a Vermont Superior Court, a federal court, or a court outside Vermont within 30 days.
(12) Exercising undue influence on or taking improper advantage of a person using professional services, or promoting the sale of services or goods in a manner that exploits a person for the financial gain of the practitioner or a third party.
(13) Performing treatments or providing services that the licensee is not qualified to perform or that are beyond the scope of the licensee’s education, training, capabilities, experience, or scope of practice.
(14) Failing to report to the Office within 30 days a change of name, email, or mailing address.
(15) Failing to exercise independent professional judgment in the performance of licensed activities when that judgment is necessary to avoid action repugnant to the obligations of the profession.
(16)(A) Impeding an investigation or inspection under this chapter or unreasonably failing to reply, cooperate, or produce lawfully requested records in relation to such investigation or inspection.
(B) The patient privilege set forth in 12 V.S.A. § 1612 shall not bar the licensee’s obligations under this subsection (a), and a confidentiality agreement entered into in concluding a settlement of a civil claim shall not exempt the licensee from fulfilling his or her obligations under this subdivision (16).
(17) Advertising, promoting, or recommending a therapy or treatment in a manner tending to deceive the public or to suggest a degree of reliability or efficacy unsupported by competent evidence and professional judgment.
(18) Promotion by a treatment provider of the sale of drugs, devices, appliances, or goods provided for a patient or client in such a manner as to exploit the patient or client for the financial gain of the treatment provider, or selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes.
(19) Willful misrepresentation in treatments or therapies.
(20) Offering, undertaking, or agreeing to cure or treat a disease or disorder by a secret method, procedure, treatment, or medicine.
(21) Permitting one’s name or license to be used by a person, group, or corporation when not actually in charge of, responsible for, or actively overseeing the professional services provided.
(22) Prescribing, selling, administering, distributing, ordering, or dispensing any drug legally classified as a controlled substance for the licensee’s own use or to an immediate family member as defined by rule.
(23) For any professional with prescribing authority, signing a blank or undated prescription form or negligently failing to secure electronic means of prescribing.
(24) For any mental health care provider, use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
(25) For providers of clinical care to patients, failing to have in place a plan for responsible disposition of patient health records in the event the licensee should become incapacitated or unexpectedly discontinue practice.
(26) Sexually harassing or exploiting a patient, client, or consumer, or doing so to a coworker in a manner that threatens the health, safety, or welfare of patients, clients, or consumers; failing to maintain professional boundaries; or violating a patient, client, or consumer’s reasonable expectation of privacy.
(27) For a health care practitioner, failing to comply with one or more of the notice, disclosure, or advertising requirements in 18 V.S.A. § 4502 for administering stem cell or stem cell-related products not approved by the U.S. Food and Drug Administration.
(28) Engaging in conduct of a character likely to deceive, defraud, or harm the public.
(29) Providing or claiming to provide services or medications that are purported to reverse the effects of a medication abortion.
(b) Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may constitute unprofessional conduct, whether actual injury to a client, patient, or customer has occurred. Failure to practice competently includes:
(1) performance of unsafe or unacceptable patient or client care; or
(2) failure to conform to the essential standards of acceptable and prevailing practice.
(c) The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
(d)(1) After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $5,000.00 for each unprofessional conduct violation.
(2)(A) Any money received under this subsection (d) shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter for the purpose of providing education and training for board members and advisor appointees.
(B) The Director shall detail in the annual report receipts and expenses from money received under this subsection.
(e) In the case where a standard of unprofessional conduct as set forth in this section conflicts with a standard set forth in a specific board’s statute or rule, the standard that is most protective of the public shall govern.
(f)(1) Health care providers. Notwithstanding subsection (e) of this section or any other law to the contrary, no health care provider who is certified, registered, or licensed in Vermont shall be subject to professional disciplinary action by a board or the Director, nor shall a board or the Director take adverse action on an application for certification, registration, or licensure of a qualified health care provider, based solely on:
(A) the health care provider providing or assisting in the provision of legally protected health care activity; or
(B) a criminal, civil, or disciplinary action in another state against the health care provider that is based solely on the provider providing or assisting in the provision of legally protected health care activity.
(2) Definitions. As used in this subsection:
(A) “Health care provider” means a person who provides professional health care services to an individual during that individual’s medical care, treatment, or confinement.
(B) “Health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.
(C) “Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150.
(Added 1997, No. 40, § 5; amended 2001, No. 151 (Adj. Sess.), § 2, eff. June 27, 2002; 2003, No. 60, § 2; 2005, No. 27, § 5; 2005, No. 148 (Adj. Sess.), § 4; 2009, No. 35, § 2; 2011, No. 66, § 3, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 5; 2017, No. 48, § 4; 2017, No. 144 (Adj. Sess.), § 6, eff. July 1, 2019; 2019, No. 30, § 4; 2021, No. 61, § 2; 2021, No. 69, § 4; 2021, No. 69, § 20, eff. June 8, 2021; 2023, No. 15, § 6, eff. May 10, 2023; 2023, No. 158 (Adj. Sess.), § 2, eff. June 6, 2024; 2025, No. 20, § 3, eff. May 13, 2025.)
(a) Notwithstanding any provision of law to the contrary relating to terms of office and appointments for members of boards attached to the Office of Professional Regulation, all board members appointed by the Governor shall be appointed for staggered five-year terms and shall serve at the pleasure of the Governor. Appointments under this section shall not be subject to the advice and consent of the Senate. The Governor may remove any member of a board as provided in section 2004 of this title. Vacancies created other than by expiration of a term shall be filled in the same manner that the initial appointment was made for the unexpired portion of the term. Terms shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term. The Governor may request nominations from any source but shall not be bound to select board members from among the persons nominated. As provided in section 2004 of this title, board members shall hold office and serve until a successor has been appointed.
(b) Board members shall not serve more than two consecutive terms. Members appointed to fill a vacancy created before the end of a term shall not be deemed to have served a term for purposes of this section.
(c) Boards shall meet annually, in September or the first meeting scheduled thereafter, to elect a chair, vice chair, and secretary.
(d) Meetings may be called by the chair or shall be called upon the request of any other two board members.
(e) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5, the Open Meeting Law.
(f) Notwithstanding any provisions of law to the contrary, board members and advisors for all professions attached to the Office of Professional Regulation shall be entitled to compensation, at a rate provided in 32 V.S.A. § 1010 , for performance of official duties and other duties directly related to the efficient conduct of necessary business of a board or the Office.
(g) For advisor professions:
(1) Advisors shall be appointed by the Secretary of State and shall serve at the pleasure of the Secretary of State. Advisor appointments shall be subject to the same conditions as those for board members under this section.
(2) The Office shall warn and conduct an open meeting including advisors, program staff, and interested members of the public:
(A) at least once per year for each profession with 500 or fewer active licensees; and
(B) at least twice per year for each profession with more than 500 active licensees.
(Added 1997, No. 40, § 6; amended 1997, No. 145 (Adj. Sess.), §§ 3, 5; 2005, No. 27, § 6; 2007, No. 29, § 2; 2019, No. 30, § 5.)
(a) The Director may issue a 90-day provisional license to an individual who has completed an application for full licensure and:
(1) whose eligibility for licensure is contingent upon acceptable verification of licensure from another jurisdiction;
(2) whose eligibility for licensure is contingent upon completion of a background check; or
(3) who is an active-duty member of the U.S. Armed Forces assigned to duty in Vermont or the spouse of such a member.
(b) A provisional license shall be based on a voluntary agreement between the applicant and the Office to expedite the applicant’s entry into the workforce, in which the applicant agrees to forgo the procedural rights associated with traditional licensure in exchange for a provisional license pending final determination of the license application.
(c) A provisional license shall only be issued to an applicant who can attest to material facts consistent with the requirements of full licensure, including the applicant’s standing in other U.S. jurisdictions, criminal history, and disciplinary history. An individual to whom a provisional license is issued shall expressly agree that the Office may summarily withdraw the provisional license upon discovery of any inconsistency or inaccuracy in the application materials.
(d) An individual aggrieved by a denial or summary withdrawal of a provisional license issued under this section shall have as an exclusive remedy the right to have the individual’s application for conventional licensure determined according to the usual process.
(e) The Director may extend a provisional license beyond the initial 90-day period if the reason for issuing the license, as set forth in subdivisions (a)(1)–(3) of this section, has not been resolved.
(Added 2021, No. 107 (Adj. Sess.), § 2, eff. May 9, 2022.)
(a)(1) A party aggrieved by a final decision of a board or administrative law officer may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the Director who shall assign the case to an appellate officer.
(2)(A) The review shall be conducted on the basis of the record created before the board or administrative law officer.
(B) In cases of alleged irregularities in procedure before the board or administrative law officer, not shown in the record, proof on that issue may be taken by the appellate officer.
(b) The appellate officer shall not substitute his or her judgment for that of the board or administrative law officer as to the weight of the evidence on questions of fact. The appellate officer may affirm the decision, or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the board’s or administrative law officer’s finding, inferences, conclusions, or decisions are:
(1) in violation of constitutional or statutory provisions;
(2) in excess of the statutory authority of the board or administrative law officer;
(3) made upon unlawful procedure;
(4) affected by other error of law;
(5) clearly erroneous in view of the evidence on the record as a whole;
(6) arbitrary or capricious; or
(7) characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(c) A party aggrieved by a decision of the appellate officer may appeal to the Supreme Court, which shall review the matter on the basis of the records created before the board or administrative law officer and the appellate officer.
(Added 1993, No. 108 (Adj. Sess.), § 23, eff. Feb. 16, 1994; amended 2015, No. 167 (Adj. Sess.), § 5; 2017, No. 48, § 5.)
(a) It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints against them, and to fulfill the public’s right to know of any action taken against a licensee when that action is based on a determination of unprofessional conduct.
(b) All meetings and hearings of boards shall be subject to the Open Meeting Law.
(c) The Secretary of State, through the Office of Professional Regulation, shall prepare and maintain a register of all complaints, which shall be a public record and which shall show:
(1) with respect to all complaints, the following information:
(A) the date and the nature of the complaint, but not including the identity of the licensee or the complainant; and
(B) a summary of the completed investigation; and
(2) only with respect to complaints resulting in filing of disciplinary charges or stipulations or the taking of disciplinary action, the following additional information:
(A) the name and public address of the licensee;
(B) formal charges, provided that they have been served or a reasonable effort to serve them has been made, and all subsequent pleadings filed by the parties;
(C) the findings, conclusions, rulings, and orders of the board or administrative law officer;
(D) the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;
(E) stipulations filed with the board or administrative law officer; and
(F) final disposition of the matter by the appellate officer or the courts.
(d) Neither the Secretary nor the Office shall make public any other information regarding unprofessional conduct complaints, investigations, proceedings, and related records except the information required to be released under this section.
(e) The discovery rules for conduct complaints shall apply to and govern the provision of investigatory files to those charged with unprofessional conduct.
(f) As used in this section, “disciplinary action” means an action based on a finding of unprofessional conduct that suspends, revokes, limits, or conditions a license in any way, including administrative penalties, warnings, and reprimands.
(g) Nothing in this section shall prohibit the disclosure of any information regarding unprofessional conduct complaints, or investigations thereof, in response to an order from a court of competent jurisdiction, or to State or federal law enforcement or regulatory agencies, provided the receiving agency or department:
(1) agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section; and
(2) has jurisdiction over the subject matter in question.
(Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40, § 8; 1999, No. 52, § 3; 2001, No. 151 (Adj. Sess.), § 3, eff. June 27, 2002; 2003, No. 60, § 3; 2005, No. 174 (Adj. Sess.), § 1; 2015, No. 38, § 4, eff. May 28, 2015; 2017, No. 48, § 6; 2025, No. 58, § 14, eff. July 1, 2025.)
Except as otherwise provided by law, a majority of the members of a board constitutes a quorum for transacting business, and all action shall be taken upon a majority vote of board members present and voting.
(Added 2005, No. 27, § 8.)
When professional services are required by law to be performed in or by a business entity registered with the Office, the business entity shall:
(1) register with the Business Services Division of the Office of the Secretary of State, if required by law; and
(2) separately register with the Office each name under which the business entity will conduct business, register licensees, and advertise in Vermont.
(Added 2015, No. 38, § 5, eff. May 28, 2015; amended 2025, No. 10, § 2, eff. July 1, 2025.)
(a) A license expires if not renewed biennially on a schedule assigned by the Office, or in the case of a provisional or temporary license, on the date assigned by the Office.
(b) Practice with an expired license is unlawful and exposes a practitioner to the penalties set forth in section 127 of this chapter.
(Added 2017, No. 144 (Adj. Sess.), § 7.)
(a) Notwithstanding any provision of law to the contrary, when an applicant seeks to renew an expired or lapsed license after fewer than five years of absence from practice, readiness to practice shall be inferred from completion of any continuing education that would have been required if the applicant had maintained continuous licensure, or by any less burdensome showing set forth in administrative rules specific to the profession or permitted by the Director.
(b) When an applicant seeks to renew an expired or lapsed license after five or more years of absence from practice, the Director may, notwithstanding any provision of law to the contrary and as appropriate to ensure the continued competence of the applicant, determine that the applicant has either:
(1) demonstrated retention of required professional competencies and may obtain an unencumbered license; or
(2) not demonstrated retention of all required professional competencies and should be reexamined or required to reapply in like manner to a new applicant.
(c) The Director may consult with a relevant board or advisor appointees for guidance in assessing continued competence under this section.
(Added 2017, No. 144 (Adj. Sess.), § 8; amended 2019, No. 30, § 6.)
(a)(1) If continuing education is required by law or rule, the Office shall apply uniform standards and processes that apply to all professions regulated by the Office for the assessment and approval or rejection of continuing education offerings, informed by profession-specific policies developed in consultation with relevant boards and advisor appointees.
(2)(A) Not less than once every five years, each profession attached to the Office shall review its continuing education or other continuing competency requirements. The review results shall be in writing and address the following:
(i) the renewal requirements of the profession;
(ii) the renewal requirements in other jurisdictions, particularly in the Northeast region;
(iii) the cost of the renewal requirements for the profession’s licensees;
(iv) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and
(v) recommendations to the Director on whether the continuing education or other continuing competency requirements should be modified.
(B) The Director shall respond to the profession within 45 days after its submitted review results. The Director may require a profession to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule.
(b) When completion of continuing education is required for renewal of a license regulated under this title, synchronous virtual continuing education courses shall qualify as live, in-person training and be accepted for renewal of the professional license.
(Added 2017, No. 144 (Adj. Sess.), § 9; amended 2019, No. 152 (Adj. Sess.), § 3, eff. April 1, 2021; 2023, No. 77, § 2, eff. June 20, 2023.)
(a) Notwithstanding any statute or rule to the contrary and except as provided in subsection (b) of this section, all professions attached to the Office shall have an endorsement process that requires not more than three years of practice in good standing in another jurisdiction within the United States, regardless of whether that jurisdiction has licensing requirements substantially similar to those of this State.
(b) Any profession determining that three years of demonstrated practice in another jurisdiction is not adequately protective of the public shall provide its rationale to the Director, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement.
(c) The Director may issue to an endorsement applicant a waiver of the profession’s practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.
(Added 2019, No. 152 (Adj. Sess.), § 4, eff. April 1, 2021; amended 2021, No. 69, § 18, eff. June 8, 2021.)
(a) The Director shall adopt rules that prescribe a process for the Director to assess the equivalence of an applicant’s professional credentials earned outside the United States as compared to State licensing requirements for those professions attached to the Office that do not have laws addressing the verification and recognition of such credentials.
(b) Any determination of equivalence by the Director under this section shall be recorded in the applicant’s licensing file and shall be binding upon the relevant State board or regulatory program.
(c) In administering this section, the Director may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.
(d) The provisions relating to preliminary license denials set forth in subsection 129(e) of this subchapter shall apply to a license application that is preliminarily denied for nonequivalence under this section.
(Added 2019, No. 10, § 1, eff. April 30, 2019.)
(a) The following licensees are required to complete the education module regarding the State’s energy goals as described in this section:
(1) architects licensed under 26 V.S.A. chapter 3;
(2) landscape architects licensed under 26 V.S.A. chapter 46;
(3) pollution abatement facility operators licensed under 26 V.S.A. chapter 99;
(4) potable water supply and wastewater system designers licensed under 26 V.S.A. chapter 97;
(5) professional engineers licensed under 26 V.S.A. chapter 20;
(6) property inspectors licensed under 26 V.S.A. chapter 19;
(7) real estate appraisers licensed under 26 V.S.A. chapter 69; and
(8) real estate brokers and salespersons licensed under 26 V.S.A. chapter 41.
(b) The Office shall require each of the licensees described in subsection (a) of this section to complete an education module regarding the State’s energy goals and how each licensee’s specific profession can further those goals.
(1) The education module shall be not more than two hours and shall be required as a condition of initial licensure and each license renewal. The module shall include education on any State or utility incentives relevant to the profession.
(A) The education module for initial licensure shall provide general information regarding the State’s energy goals.
(B) The education module for license renewal shall provide any updates on the State’s energy goals and any updates regarding corresponding State energy programs applicable to the profession.
(2) The Office shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service for all the licensees set forth in subsection (a) of this section and in consultation with the Department of Taxes for real estate appraisers and real estate brokers and sales persons.
(Added 2019, No. 178 (Adj. Sess.), § 33, eff. July 1, 2021.)
(a) Notwithstanding any provision of law to the contrary, an applicant shall not be denied any professional license or certification enumerated in this title or Titles 16, 20, or 26 of the Vermont Statutes Annotated on the basis of the applicant’s citizenship status or immigration status or lack thereof.
(b) If an applicant is required by State law to provide a Social Security number for the purpose of obtaining or maintaining a professional license or certification under this title or Titles 16, 20, or 26 of the Vermont Statutes Annotated, the applicant may provide a federal employer identification number, an individual taxpayer identification number, or a Social Security number; provided, however, that an applicant shall provide a Social Security number if a federal law or an interstate compact of which the State is a member requires that an applicant provide a Social Security number to obtain or maintain a professional license.
(Added 2023, No. 105 (Adj. Sess.), § 2, eff. September 1, 2024.)
An Attorney General shall be elected at the same time and in the same manner as provided for the election of other State officers. He or she shall be sworn to the faithful discharge of his or her duties. His or her term of office shall commence when his or her election is declared by the committee appointed by the Senate and House of Representatives to canvass the votes, agreeably with 17 V.S.A. § 2592, or when elected by the General Assembly pursuant to said section, and continue for a term of two years.
The Attorney General may represent the State in all civil and criminal matters as at common law and as allowed by statute. The Attorney General shall also have the same authority throughout the State as a State’s Attorney. The Attorney General shall represent members of the General Assembly in all civil matters arising from or relating to the performance of legislative duties.
(Amended 1969, No. 266 (Adj. Sess.), § 1, eff. April 8, 1970; 2018, No. 11 (Sp. Sess.), § E.200.2.)
(a) The Attorney General shall have the general supervision of criminal prosecutions, shall consult with and advise the State’s Attorneys in matters relating to the duties of their office, and shall assist them by attending the grand jury in the examination of any cause or in the preparation of indictments and informations when, in his or her judgment, the interests of the State require it.
(b) The Attorney General may appoint a Deputy Attorney General with the approval of the Governor, remove him or her at pleasure, and be responsible for his or her acts. Such deputy shall perform such duties as the Attorney General shall direct, and in the absence or disability of the Attorney General perform the duties of the Attorney General. In case a vacancy occurs in the Office of Attorney General, such deputy shall assume and discharge the duties of such office until such vacancy is filled. Such appointment shall be in writing and be recorded in the Office of the Secretary of State. Such Deputy Attorney General shall take the oath required by the constitution, shall be an informing officer and have the same authority throughout the State in civil or criminal matters as State’s Attorneys have in their respective counties.
(c) The Attorney General may appoint such Assistant Attorneys General and Special Assistant Attorneys General as may be necessary for the proper and efficient performance of his or her department, and with the approval of the Governor, fix their pay, remove them at pleasure and be responsible for their acts. They shall have the same obligations, power and authority as the Deputy Attorney General except those relating to the absence or disability of the Attorney General and vacancy in the Office of Attorney General. Their appointments and the revocation thereof shall be in writing and recorded in the Office of the Secretary of State. All Assistant Attorneys General and Special Assistant Attorneys General shall be attorneys at law.
(Amended 1965, No. 44, § 1, eff. May 5, 1965; 1965, No. 125, § 15, eff. July 2, 1965; 1979, No. 59, § 13.)
In the investigation and preparation for presentation to, or trial before, any court or tribunal of any cause or matter in which the State is a party or is interested, the Attorney General may employ such persons as in the Attorney General’s judgment the public good requires, to search out, procure, and prepare evidence, and the Commissioner of Finance and Management shall issue warrants therefor. An investigator who has successfully completed a course of training under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment.
(Amended 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 297 (Adj. Sess.), § 3.)
(a) The Attorney General may appoint a legal assistant, such appointment to be made pursuant to the laws regarding personnel classification, selection and compensation.
(b) The appointment of a legal assistant shall be in addition to other appointments which the Attorney General is authorized to make.
Such legal assistant shall perform such duties as the Attorney General directs and may appear in the trial or hearing of any civil or criminal cause in any court of the State on behalf of the Attorney General. Before assuming his or her duties, such legal assistant shall take and subscribe to the oath prescribed by the Constitution.
The Attorney General shall appear for the State in the preparation and trial of all prosecutions for homicide and civil or criminal causes in which the State is a party or is interested when, in his or her judgment, the interests of the State so require. The Attorney General shall represent members of the General Assembly in all civil causes arising from or relating to the performance of legislative duties.
(Amended 2018, No. 11 (Sp. Sess.), § E.200.3.)
When required by either branch of the General Assembly, the Attorney General shall attend its sessions and advise and assist in the preparation of legislative business and documents.
(a) The Attorney General shall advise the elective and appointive State officers on questions of law relating to their official duties and shall furnish a written opinion on such matters, when so requested.
(b) The Attorney General shall have general supervision of matters and actions in favor of the State and of those instituted by or against State officers where interests of the State are involved and may settle such matters and actions as the interests of the State require.
(Amended 1967, No. 9, eff. Feb. 23, 1967; 2025, No. 18, § 6, eff. May 13, 2025.)
On receipt of notice thereof from the Commissioner of Finance and Management, the Attorney General shall forthwith notify State’s Attorneys of any claim of the State which should be prosecuted in their counties. Subject to the direction of the Attorney General, such State’s Attorneys shall prosecute the same and be liable on their official bonds for neglect in respect thereto. The State’s Attorneys shall report to the Attorney General, as often as may be required by him or her, such facts concerning such actions as will enable him or her to keep a record thereof and of the proceedings therein.
(Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1983, No. 195 (Adj. Sess.), § 5(b).)
(a) There is hereby imposed upon the Office of the Attorney General the duty to provide public contract advocacy for all proceedings involving contracts for basic telecommunications service under 30 V.S.A. § 226a. The Attorney General shall appoint or retain as required one or more public contract advocates who shall be knowledgeable in the fields of public utility regulation and telecommunications services.
(b) Public contract advocates shall be appointed or retained for such time as may be required to monitor, represent the public interest, and report on any contract for basic telecommunications service under 30 V.S.A. § 226a. Compensation, expenses, and support of public contract advocates shall be assessed as costs to the Department of Public Service and paid from the revenues received from the tax to finance the Department and the Public Utility Commission levied under 30 V.S.A. § 22.
(Added 1987, No. 87, § 9; amended 2023, No. 142 (Adj. Sess.), § 1, eff. May 30, 2024; renumbered from 3 V.S.A. § 165 by 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
The Attorney General shall not receive any fee or reward from or in behalf of the prosecutor or for services in any prosecution or business to which it is his or her official duty to attend, nor shall he or she act as counsel or attorney for either party in a civil action depending upon the same facts involved in a criminal cause.
As used in this subchapter:
(1) “Child” has the same meaning as in 33 V.S.A. § 5102(2).
(2) “Community referral” means a referral of an individual to a community-based restorative justice provider that does not involve criminal offenses or delinquencies for which probable cause exists.
(3) “Criminal justice purposes” has the same meaning as in 20 V.S.A. § 2056a(a)(3).
(4) “Pre-charge diversion” means a referral of an individual to a community-based restorative justice provider by a law enforcement officer or prosecutor after the referring officer or prosecutor has determined that probable cause exists that the individual has committed a criminal offense and before the individual is criminally charged with the offense or before a petition is filed in family court for the offense. Pre-charge diversion shall not be construed to include a community referral.
(5) “Youth” has the same meaning as in 33 V.S.A. § 5102(29).
(Added 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
(a) Purpose.
(1) The Attorney General shall develop and administer a juvenile court diversion program, for both pre-charge and post-charge referrals to youth-appropriate community-based restorative justice providers, for the purpose of assisting children or youth charged with delinquent acts.
(2) The program shall be designed to provide a restorative option for children or youth alleged to have caused harm in violation of a criminal statute or who have been charged with violating a criminal statute and subject to a delinquency or youthful offender petition filed with the Family Division of the Superior Court, as well as for victims or those acting on a victim’s behalf who have been allegedly harmed by the responsible party. The juvenile diversion program may accept referrals to the program as follows:
(A) Pre-charge by law enforcement or prosecutors where a child or youth has committed any criminal offense or delinquency and pursuant to a policy adopted in accordance with subdivisions (c)(1)–(2) of this section.
(B) Post-charge by prosecutors for children or youth charged with a first or a second misdemeanor or a first nonviolent felony, or other offenses as the prosecutor deems appropriate, pursuant to subdivision (c)(3) of this section.
(b) Administration; report.
(1) Beginning on July 1, 2025, the Attorney General shall support the operation of diversion programs in each of the State’s counties through grants of financial assistance to, or contracts for services with, a single municipality or organization to provide community-based restorative justice programs and services in each county. Upon approval of the Attorney General, the single municipality or organization receiving a grant pursuant to this section may issue subgrants to diversion providers or execute subcontracts for diversion services.
(2) The Juvenile Pre-Charge Diversion Program established pursuant to this section shall operate only to the extent funds are appropriated to the Office of the Attorney General, the Department of State’s Attorneys and Sheriffs, and the Office of the Defender General to carry out the Program.
(3) In consultation with community-based restorative justice providers, the Office of the Attorney General shall develop program outcomes following the designated State of Vermont performance accountability framework and, in consultation with the Department of State’s Attorneys and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services, the Judiciary, and the Division of Racial Justice Statistics of the Office of Racial Equity, report annually on or before December 1 to the General Assembly on services provided and outcome indicators. As components of the report required by this subsection, the Attorney General shall include data on the number of pre-charge and post-charge diversion program referrals in each county; race, gender, age, and other demographic variables, whenever possible; offenses charged and crime types; successful completion rates; and possible causes of any geographical disparities.
(4) The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5.
(5) In consultation with community-based restorative justice providers, the Center for Crime Victims Services, the Department of State’s Attorneys and Sheriffs’ Victim Advocates, the Division for Racial Justice Statistics of the Office of Racial Equity, and the State Archivist, the Attorney General shall adopt a policies and procedures manual for community-based restorative justice providers to promote a uniform system across the State in compliance with this section. The manual shall include policies and procedures related to:
(A) informing victims of their rights and role in pre-charge and post-charge diversion, including that such information is available in writing upon request;
(B) the timely notification to victims of a referral to pre- and post- charge diversion;
(C) an invitation to victims to engage in the restorative process;
(D) how to share information with a victim concerning a restorative agreement’s conditions related to the victim and any progress made on such conditions;
(E) best practices for collecting data from all parties that engage with the pre-charge and post-charge diversion programs; and
(F) confidentiality expectations for all parties who engage in the restorative process.
(c) Juvenile diversion program policy and referral requirements.
(1) Juvenile pre-charge diversion policy required. Each county’s State’s Attorney’s office shall adopt a juvenile pre-charge diversion referral policy. To encourage fair and consistent juvenile pre-charge diversion referral policies and methods statewide, the Department of State’s Attorneys and Sheriffs and the Community Justice Unit shall publicly post the policies adopted by each State’s Attorney’s office.
(2) Juvenile pre-charge diversion policy contents. A county’s State’s Attorney’s juvenile pre-charge diversion program policy shall include the following:
(A) Criteria to determine whether a child or youth is eligible to participate in juvenile pre-charge diversion.
(B) Any appropriate documentation to accompany a referral to juvenile pre-charge diversion, including the name and contact information of the child or youth and the child or youth’s parent or legal guardian; the name and contact information of the victim or victims; and a factual statement or affidavit of probable cause of the alleged incident.
(C) A procedure for returning a case to the law enforcement agency or the prosecutor, including when:
(i) the prosecutor withdraws any juvenile pre-charge referral from the juvenile pre-charge diversion program;
(ii) the community-based restorative justice provider determines that the matter is not appropriate for juvenile pre-charge programming; and
(iii) when a child or youth does not successfully complete juvenile pre-charge diversion programming.
(D) A statement reiterating that the State’s Attorney retains final discretion over the cases that are eligible for diversion and may deviate from the adopted policy in accordance with such discretion.
(3) Juvenile post-charge diversion requirements. Each State’s Attorney, in cooperation with the Office of the Attorney General and the juvenile post-charge diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State’s Attorney shall retain final discretion over the referral of each case for diversion. All juvenile post-charge diversion programs receiving financial assistance from the Attorney General shall adhere to the following:
(A) The juvenile post-charge diversion program for children or youth shall only accept individuals against whom a petition has been filed and the court has found probable cause, but are not adjudicated.
(B) A prosecutor may refer a child or youth to diversion either before or after a preliminary hearing and shall notify in writing to the diversion program and the court of the prosecutor’s referral to diversion.
(C) If a child or youth is charged with a qualifying crime as defined in 13 V.S.A. § 7601(4)(A) and the crime is a misdemeanor, the prosecutor shall provide the child or youth with the opportunity to participate in the court diversion program unless the prosecutor states on the record at the preliminary hearing or a subsequent hearing why a referral to the post-charge program would not serve the ends of justice. Factors considered in the ends-of-justice determination include the child’s or youth’s delinquency record, the views of the alleged victim or victims, and the need for probationary supervision.
(D) Notwithstanding this subsection (c), the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225(c) and 5280(e).
(d) Confidentiality.
(1) The matter shall become confidential when notice of a pre-charge referral is provided to the juvenile diversion program, or when notice of a post-charge referral is provided to the court.
(2) All information related to any offense gathered in the course of the juvenile diversion process shall be held strictly confidential and shall not be released without the participant’s prior consent.
(3) Information related to any offense that a person divulges in preparation for, during, or as a follow-up to the provision of the juvenile diversion programming shall not be used against the person in any criminal, civil, family, juvenile, or administrative investigation, prosecution, or case for any purpose, including impeachment or cross-examination. However, the fact of participation and success, or reasons for failure, may become part of the prosecutor’s records. This subsection shall not be construed to prohibit the limited disclosure or use of information to specific persons in the following circumstances:
(A) Where there is a threat or statement of a plan that a person may reasonably believe is likely to result in death or bodily injury to themselves or others or damage to the property of another person.
(B) When disclosure is necessary to report bodily harm any party causes another during restorative justice programming.
(C) When disclosure to other community-based restorative justice providers is necessary to facilitate coordination for an individual who has more than one active referral before different community justice providers.
(D) Where there is a reasonable suspicion of abuse or neglect of a child or vulnerable adult and a report is made pursuant to the provisions of 33 V.S.A. § 4914 or 33 V.S.A. § 6903 or to comply with any law.
(E) Where a court or administrative tribunal determines that the materials were submitted by a participant in the program for the purpose of avoiding discovery of the material in a court or administrative proceeding. If a participant wishes to avail themselves of this provision, the participant may disclose this information in camera to a judicial officer for the purposes of seeking such a ruling.
(4)(A) Notwithstanding subdivision (2) of this subsection (d), if law enforcement or the prosecutor refers a case to diversion, upon the victim’s request, the juvenile diversion program shall provide information relating to the conditions of the diversion contract regarding the victim, progress made on such conditions, and information that assists with obtaining the victim’s compensation.
(B) Victim information that is not part of the public record shall not be released without the victim’s prior consent.
(C) Nothing in this section shall be construed to prohibit a victim’s exercise of rights as otherwise provided by law.
(e) Rights and responsibilities.
(1) Juvenile court diversion programs shall be set up to respect the rights of participants.
(2)(A) Diversion candidates shall be informed of their right to the advice, assistance, and access to private counsel or the public defender at all stages of the diversion process, including the initial decision to participate and the decision to accept the juvenile diversion contract, so that the candidate may give informed consent.
(B) For the pre-charge diversion program, notwithstanding the financial need determination pursuant to 13 V.S.A. § 5236, the diversion program shall inform the candidate that a public defender is available for consultation at public expense upon the request of the candidate.
(C) The candidate shall be informed that participation in the diversion program is voluntary.
(3) Any victims shall be notified of the victim’s rights and role in the pre-charge diversion process, including notification of a candidate’s referral to the pre-charge diversion program by the pre-charge diversion program.
(f) Records; deletion and expungement.
(1) Pre-charge diversion records deletion.
(A) Not later than 10 days after the successful completion of the pre-charge diversion program, the juvenile diversion program shall notify the victim, law enforcement agency, and the State’s Attorney’s office of the participant’s successful completion. Payment of restitution is required for successful completion.
(B) Within 30 days after the two-year anniversary notifying the State’s Attorney’s office of the participant’s successful completion, the Attorney General shall provide notice that all records held by the diversion program shall be deleted.
(C) Within 30 days after the two-year anniversary notifying the law enforcement agency and the State’s Attorney’s office of the participant’s successful completion, the Attorney General shall provide notice that all public records held by the law enforcement agency and the State’s Attorney’s office shall be deleted, including any held by the Attorney General. Records maintained on the Valcour database or other similar nonpublic databases maintained by a law enforcement agency, a State’s Attorney’s office, or the Department of State’s Attorneys and Sheriffs shall be exempt from deletion and shall only be used for criminal justice purposes.
(2) Pre-charge diversion case index.
(A) The Community Justice Unit shall keep a special index of pre-charge diversion cases that have been deleted pursuant to this section together with the notice of deletion provided by the Attorney General. The index shall list only the name of the diversion participant, the individual's date of birth, a case number, date of case closure, location of programming, and the offense that was the subject of the deletion.
(B) The special index and related documents specified in subdivision (A) of this subdivision (2) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(C) Inspection of the notice may be permitted only upon request by the person who is the subject of the case. The Attorney General may permit special access to the index and the documents for research purposes pursuant to subdivision (g)(2) of this section.
(D) The Community Justice Unit shall establish policies for implementing subdivisions (1)–(4) of this subsection (f).
(3) Effect of deletion. Except as otherwise provided in this section, upon the notice to delete files and records under this section, the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the Community Justice Unit, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the notice shall be sent to each agency, entity, or official named therein.
(4) Deletion applicability. The process of automatically deleting records as provided in this section shall only apply to those persons who completed pre-charge diversion on or after July 1, 2025.
(5) Post-charge diversion records expungement. Within 30 days after the two-year anniversary of a successful completion of post-charge diversion, the court shall provide notice to all parties of record of the court’s intention to order the expungement of all court files and records, law enforcement records, fingerprints, and photographs other than entries in the court diversion program’s centralized filing system applicable to the proceeding. However, the court shall not order expungement if the participant does not satisfy each of subdivisions (A)–(C) of this subdivision. The court shall give the State’s Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:
(A) two years have elapsed since the successful completion of the juvenile post-charge diversion program by the participant;
(B) the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction; and
(C) the participant does not owe restitution related to the case.
(6) Expungement of sealed records. The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State’s Attorney’s office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State’s Attorney’s office that prosecuted the case.
(7) Post-charge diversion case index.
(A) The court and the Office of the Attorney General shall keep a special index of post-charge diversion cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, the person’s date of birth, the docket number, date of case closure, the court of jurisdiction, and the offense that was the subject of the expungement.
(B) The special index and related documents specified in subdivision (A) of this subdivision (7) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(C) Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
(D) The Court Administrator shall establish policies for implementing subdivisions (5)–(9) of this subsection (f).
(8) Effect of expungement. Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the court, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency, entity, or official named therein.
(9) Expungement applicability. The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have the person’s records expunged. Expungement shall occur if the requirements of subdivisions (5)-(8) of this subsection (f) are met.
(g) Public Records Act exemption.
(1) Except as otherwise provided by this section, any records or information produced or acquired pursuant to this section shall be exempt from public inspection or copying under Vermont’s Public Records Act.
(2) Notwithstanding subdivision (1) of this subsection, a law enforcement agency, State’s Attorney’s office, court, or community-based restorative justice provider may disclose information to colleges, universities, public agencies of the State, and nonprofit research organizations that a community-based restorative justice provider has agreements with for use in connection with research projects of a public service nature, but no person associated with those institutions or agencies shall disclose that information in any manner that would reveal the identity of an individual who provided the information to the community-based restorative justice provider.
(Added 1981, No. 206 (Adj. Sess.), § 1; amended 1995, No. 47, § 1, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 2; 2003, No. 157 (Adj. Sess.), § 11; 2005, No. 198 (Adj. Sess.), § 4, eff. Sept. 1, 2006; 2007, No. 153 (Adj. Sess.), § 28; 2009, No. 12, § 1; 2009, No. 156 (Adj. Sess.), § E.201; 2018, No. 8 (Sp. Sess.), § 10, eff. June 28, 2018; 2019, No. 77, § 1, eff. June 19, 2019; 2019, No. 167 (Adj. Sess.), § 1, eff. Oct. 7, 2020; 2023, No. 5, § 1, eff. July 1, 2023; 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
(a) Purpose.
(1) The Attorney General shall develop and administer an adult court diversion program, for both pre-charge and post-charge referrals, available in all counties.
(2) The program shall be designed to provide a restorative option for persons alleged to have caused harm in violation of a criminal statute or who have been charged with violating a criminal statute as well as for victims or those acting on a victim’s behalf who have been allegedly harmed by the person referred to the program. The diversion program can accept referrals to the program as follows:
(A) Pre-charge by law enforcement or prosecutors pursuant to a policy adopted in accordance with subdivisions (c)(1)-(2) of this section.
(B) Post-charge by prosecutors for persons charged with a first or a second misdemeanor or a first nonviolent felony, or other offenses as the prosecutor deems appropriate, pursuant to subdivision (c)(3) of this section.
(C) Post-charge by prosecutors of persons who have been charged with an offense and who have substance abuse or mental health treatment needs regardless of the person’s prior criminal history record, except a person charged with a felony offense that is a crime listed in 13 V.S.A. § 5301(7) shall not be eligible under this section. Persons who have attained 18 years of age who are subject to a petition in the Family Division pursuant to 33 V.S.A. chapter 52 or 52A shall also be eligible under this section. Programming for these persons is intended to support access to appropriate treatment or other resources with the aim of improving the person’s health and reducing future adverse involvement in the justice system.
(b) Administration; report.
(1) Beginning on July 1, 2025, the Attorney General shall support the operation of diversion programs in each of the State’s counties through grants of financial assistance to, or contracts for services with, a single municipality or organization to provide community-based restorative justice programs and services in each county. Upon approval of the Attorney General, the single municipality or organization receiving a grant pursuant to this section may issue subgrants to diversion providers or execute subcontracts for diversion services.
(2) The Adult Pre-Charge Diversion Program established pursuant to this section shall operate only to the extent funds are appropriated to the Office of the Attorney General, the Department of State’s Attorneys and Sheriffs, and the Office of the Defender General to carry out the Program.
(3) In consultation with community-based restorative justice providers, the Office of the Attorney General shall develop program outcomes following the designated State of Vermont performance accountability framework and, in consultation with the Department of State’s Attorneys and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services, the Judiciary, and the Division of Racial Justice Statistics of the Office of Racial Equity, report annually on or before December 1 to the General Assembly on services provided and outcome indicators. As components of the report required by this subsection, the Attorney General shall include data on the number of pre-charge and post-charge diversion program referrals in each county; race, gender, age, and other demographic variables, whenever possible; offenses charged and crime types; successful completion rates; and possible causes of any geographical disparities.
(4) The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5.
(5) In consultation with community-based restorative justice providers, the Center for Crime Victims Services, the Department of State’s Attorneys and Sheriffs’ Victim Advocates, the Division for Racial Justice Statistics of the Office of Racial Equity, and the State Archivist, the Attorney General shall adopt a policies and procedures manual for community-based restorative justice providers to promote a uniform system across the State in compliance with this section. The manual shall include the following policies and procedures related to:
(A) informing victims of their rights and role in pre-charge and post-charge diversion, including that such information is available in writing upon request;
(B) the timely notification victims of a referral to pre-charge and post-charge diversion;
(C) an invitation to victims to engage in the restorative process;
(D) how to share information with a victim concerning a restorative agreement’s conditions related to the victim and any progress made on such conditions;
(E) best practices for collecting data from all parties that engage with the pre-charge and post-charge diversion programs; and
(F) confidentiality expectations for all parties who engage in the restorative process.
(c) Adult diversion program policy and referral requirements.
(1) Adult pre-charge diversion policy required. Each State’s Attorney’s office shall adopt an adult pre-charge diversion referral policy. To encourage fair and consistent pre-charge and post-charge diversion referral policies and methods statewide, the Department of State’s Attorneys and Sheriffs and the Community Justice Unit shall publicly post the policies adopted by each State’s Attorney’s office.
(2) Adult pre-charge diversion policy contents. A county’s State’s Attorney’s pre-charge diversion program policy shall include the following:
(A) criteria to determine whether a responsible party is eligible to participate in pre-charge diversion;
(B) any appropriate documentation to accompany a referral to pre-charge diversion, including the name and contact information of the responsible party, the name and contact information of the victim or victims, and a factual statement or affidavit of probable cause of the alleged offense;
(C) a procedure for returning a case to the law enforcement agency or the prosecutor, including when:
(i) the prosecutor withdraws a pre-charge referral from the diversion program;
(ii) the community-based restorative justice provider determines that the matter is not appropriate for pre-charge programming; and
(iii) a person does not successfully complete pre-charge diversion programming; and
(D) a statement reiterating that the State’s Attorney retains final discretion over the cases that are eligible for diversion and may deviate from the adopted policy in accordance with such discretion.
(3) Adult post-charge diversion requirements. Each State’s Attorney, in cooperation with the Office of the Attorney General and the adult post-charge diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State’s Attorney shall retain final discretion over the referral of each case for diversion. All adult post-charge diversion programs receiving financial assistance from the Attorney General shall adhere to the following:
(A) The post-charge diversion program for adults shall only accept persons against whom charges have been filed and the court has found probable cause, but are not adjudicated.
(B) A prosecutor may refer a person to diversion either before or after arraignment and shall notify in writing the diversion program and the court of the prosecutor’s referral to diversion.
(C) If a person is charged with a qualifying crime as defined in 13 V.S.A. § 7601(4)(A) and the crime is a misdemeanor, the prosecutor shall provide the person with the opportunity to participate in the court diversion program unless the prosecutor states on the record at arraignment or a subsequent hearing why a referral to the post-charge program would not serve the ends of justice. Factors considered in the ends-of-justice determination include the person’s criminal record, the views of any victims, or the need for probationary supervision.
(D) Notwithstanding this subsection (c), the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225 and 5280.
(d) Confidentiality.
(1) The matter shall become confidential when notice of a pre-charge referral is provided to the diversion program, or when notice of a post-charge referral is provided to the court. However, persons who are subject to conditions of release imposed pursuant to 13 V.S.A. § 7554 and who are referred to diversion pursuant to subdivision (a)(2)(C) of this section, the matter shall become confidential upon the successful completion of diversion.
(2) All information gathered in the course of the adult diversion process shall be held strictly confidential and shall not be released without the participant’s prior consent.
(3) Information related to any offense that a person divulges in preparation for, during, or as a follow-up to the provision of the adult diversion programming shall not be used against the person in any criminal, civil, family, juvenile, or administrative investigation, prosecution, or case for any purpose, including impeachment or cross-examination. However, the fact of participation and success, or reasons for failure, may become part of the prosecutor’s records. This subsection shall not be construed to prohibit the limited disclosure or use of information to specific persons in the following circumstances:
(A) Where there is a threat or statement of a plan that a person may reasonably believe is likely to result in death or bodily injury to themselves or others or damage to the property of another person.
(B) When disclosure is necessary to report bodily harm any party causes another during restorative justice programming.
(C) When disclosure to other community-based restorative justice providers is necessary to facilitate coordination where an individual has more than one active referral before different restorative justice providers.
(D) Where there is a reasonable suspicion of abuse or neglect of a child or vulnerable adult and a report is made pursuant to the provisions of 33 V.S.A. § 4914 or 33 V.S.A. § 6903 or to comply with any law.
(E) Where a court or administrative tribunal determines that the materials were submitted by a participant in the program for the purpose of avoiding discovery of the material in a court or administrative proceeding. If a participant wishes to avail themselves of this provision, the participant may disclose this information in camera to a judicial officer for the purposes of seeking such a ruling.
(4)(A) Notwithstanding subdivision (2) of this subsection (d), if law enforcement or the prosecutor refers a case to diversion, upon the victim’s request, the adult diversion program shall provide information relating to the conditions of the diversion contract regarding the victim, progress made on such conditions, and information that assists with obtaining the victim’s compensation.
(B) Victim information that is not part of the public record shall not be released without the victim’s prior consent.
(C) Nothing in this section shall be construed to prohibit a victim’s exercise of rights as otherwise provided by law.
(e) Rights and responsibilities.
(1) Adult court diversion programs shall be set up to respect the rights of participants.
(2)(A) Diversion candidates shall be informed of their right to the advice, assistance, and access to private counsel or the public defender at all stages of the diversion process, including the initial decision to participate and the decision to accept the diversion contract, so that the candidate may give informed consent.
(B) For the pre-charge diversion program, notwithstanding the financial need determination pursuant to 13 V.S.A. § 5236, the diversion program shall inform the candidate that a public defender is available for consultation at public expense upon the request of the diversion candidate.
(3) The candidate shall be informed that participation in the diversion program is voluntary.
(4)(A) The pre-charge and post-charge diversion programs may charge fees to its participants, which shall be paid to the local adult court diversion program. If a fee is charged, it shall be determined by program officers or employees based upon the financial capabilities of the participant. The fee shall not exceed $300.00. Any fee charged shall be a debt due from the participant.
(B) Notwithstanding 32 V.S.A. § 502(a), fees collected pursuant to this subdivision (4) shall be retained and used solely for the purpose of the adult court diversion program.
(5) Any victims shall be notified of the victim’s rights and role in the pre-charge diversion process, including notification of a candidate’s referral to the pre-charge diversion program by the pre-charge diversion program.
(f) Records; deletion and expungement.
(1) Pre-charge diversion records deletion.
(A) Not later than 10 days after the successful completion of the pre-charge diversion program, the adult diversion program shall notify the victim, law enforcement agency, and the State’s Attorney’s office of the participant’s successful completion. Payment of restitution is required for successful completion.
(B) Within 30 days after the two-year anniversary notifying the State’s Attorney’s office of the participant’s successful completion, the Attorney General shall provide notice that all records held by the diversion program shall be deleted.
(C) Within 30 days after the two-year anniversary notifying the law enforcement agency and the State’s Attorney’s office of the participant’s successful completion, the Attorney General shall provide notice that all public records held by the law enforcement agency and the State’s Attorney’s office shall be deleted, including any held by the Attorney General. Records maintained on the Valcour database or other similar nonpublic databases maintained by a law enforcement agency, a State’s Attorney’s office, or the Department of State’s Attorneys and Sheriffs shall be exempt from deletion and shall only be used for criminal justice purposes.
(2) Pre-charge diversion case index.
(A) The Community Justice Unit shall keep a special index of pre- charge diversion cases that have been deleted pursuant to this section together with the notice of deletion provided by the Attorney General. The index shall list only the name of the diversion participant, the individual’s date of birth, a case number, date of case closure, location of programming, and the offense that was the subject of the deletion.
(B) The special index and related documents specified in subdivision (A) of this subdivision (2) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(C) Inspection of the notice may be permitted only upon request by the person who is the subject of the case. The Attorney General may permit special access to the index and the documents for research purposes pursuant to subdivision (g)(2) of this section.
(D) The Community Justice Unit shall establish policies for implementing subdivisions (1)–(4) of this subsection (f).
(3) Effect of deletion. Except as otherwise provided in this section, upon the notice to delete files and records under this section, the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the Community Justice Unit, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the notice shall be sent to each agency, entity, or official named therein.
(4) Deletion applicability. The process of automatically deleting records as provided in this section shall only apply to those persons who completed pre-charge diversion on or after July 1, 2025.
(5) Post-charge diversion records expungement. Within 30 days after the two-year anniversary of a successful completion of adult post-charge diversion, the court shall provide notice to all parties of record of the court’s intention to order the expungement of all court files and records, law enforcement records, fingerprints, and photographs other than entries in the adult court diversion program’s centralized filing system applicable to the proceeding. However, the court shall not order expungement if the participant does not satisfy each of subdivisions (A)–(C) of this subdivision. The court shall give the State’s Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:
(A) two years have elapsed since the successful completion of the adult post-charge diversion program by the participant;
(B) the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction; and
(C) the participant does not owe restitution related to the case.
(6) Expungement of sealed records. The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State’s Attorney’s office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State’s Attorney’s office that prosecuted the case.
(7) Post-charge diversion case index.
(A) The court and the Office of the Attorney General shall keep a special index of post-charge diversion cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, the person’s date of birth, the docket number, date of case closure, location of programming, and the criminal offense that was the subject of the expungement.
(B) The special index and related documents specified in subdivision (A) of this subdivision (7) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(C) Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
(D) The Court Administrator shall establish policies for implementing subdivisions (5)–(9) of this subsection (f).
(8) Effect of expungement. Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the court, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency, entity, or official named therein.
(9) Expungement applicability. The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have the person’s records expunged. Expungement shall occur if the requirements of this subsection are met.
(g) Public Records Act exemption.
(1) Except as otherwise provided in this section, any records or information produced or acquired pursuant to this section shall be exempt from public inspection or copying under Vermont’s Public Records Act and shall be kept confidential.
(2) Notwithstanding subdivision (1) of this subsection, a law enforcement agency, State’s Attorney’s office, court, or community-based restorative justice provider may disclose information to colleges, universities, public agencies of the State, and nonprofit research organizations that a community-based restorative justice provider has agreements with for use in connection with research projects of a public service nature, but no person associated with those institutions or agencies shall disclose that information in any manner that would reveal the identity of an individual who provided the information to the community-based restorative justice provider.
(Added 1981, No. 206 (Adj. Sess.), § 2; amended 1983, No. 217 (Adj. Sess.); 1983, No. 229 (Adj. Sess.), § 1; 1995, No. 47, § 2, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 3; 2003, No. 157 (Adj. Sess.), § 12; 2009, No. 12, § 2; 2009, No. 146 (Adj. Sess.), § D6; 2009, No. 156 (Adj. Sess.), § E.201.1; 2011, No. 56, § 24; 2011, No. 145 (Adj. Sess.), § 1; 2017, No. 61, § 2; 2018, No. 8 (Sp. Sess.), § 11, eff. June 28, 2018; 2019, No. 77, § 2, eff. June 19, 2019; 2019, No. 124 (Adj. Sess.), § 1; 2019, No. 167 (Adj. Sess.), § 2, eff. Oct. 7, 2020; 2023, No. 5, § 2, eff. July 1, 2023; 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025; 2025, No. 64, § 1, eff. July 2, 2025.)
(a) A diversion program may refer an individual who has suffered a pecuniary loss as a direct result of a delinquent act or crime alleged to have been committed by a juvenile or adult accepted to its program to the Restitution Unit established by 13 V.S.A. § 5362 for the purpose of application for an advance payment pursuant to 13 V.S.A. § 5363(d)(1). The Restitution Unit may enter into a repayment contract with a juvenile or adult accepted into diversion and shall have the authority to bring a civil action to enforce the repayment contract in the event that the juvenile or adult defaults in performing the terms of the contract.
(b) The Restitution Unit and the diversion program shall develop a process for documenting victim loss, information sharing between the Unit and diversion programs regarding the amount of restitution paid by the Unit and diversion participants’ contractual agreements to reimburse the unit, transmittal of payments from participants to the Unit, and maintenance of the confidentiality of diversion information.
(Added 2011, No. 145 (Adj. Sess.), § 2.)
[Redesignated]
(Added 1987, No. 87, § 9; amended 2023, No. 142 (Adj. Sess.), § 1, eff. May 30, 2024; renumbered to 3 V.S.A. § 161 by 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
The Court Diversion Fund is hereby established in the State Treasury. All fees and assessments of the juvenile and adult court diversion programs shall be recorded in the Fund. Quarterly, the director of each court diversion program shall report to the Attorney General in a manner as prescribed by the Attorney General’s office on all fees paid under sections 163 and 164 of this title. An independent audit that includes all State funding sources shall be required biennially.
(Added 1995, No. 47, § 3, eff. April 20, 1995; amended 2009, No. 156 (Adj. Sess.), § E.201.2.)
[Repealed]
2019, No. 154 (Adj. Sess.), § E.200.1, eff. Oct. 2, 2020.
(a) There is established the Complex Litigation Special Fund pursuant to 32 V.S.A. chapter 7, subchapter 5 to be available for expenditure by the Attorney General, as annually appropriated or authorized pursuant to 32 V.S.A. § 511, to pay nonroutine expenses, not otherwise budgeted, incurred in the investigation, prosecution, and defense of complex civil and criminal litigation. These expenses may include, for example, costs incurred for expert witnesses and for support staff and technology needed to review and manage voluminous documents in discovery and at trial in complex cases.
(b) The Fund shall consist of:
(1) Such sums as may be appropriated or transferred by the General Assembly.
(2) Settlement monies other than consumer restitution collected by the Office of the Attorney General, except for those recoveries that by law are transferred or appropriated for other uses pursuant to 9 V.S.A. § 2458(b)(4), and subject to the Fund balance cap in subsection (c) of this section.
(c) The unencumbered Fund balance shall not exceed $1,000,000.00.
(d) The Attorney General shall submit a report of the amount and purpose of expenditures from the Fund at the close of each fiscal year to the Joint Fiscal Committee annually on or before September 1. As part of the annual budget submission, the Attorney General shall include a projection of the Fund balance for the current fiscal year and upcoming fiscal year and may recommend appropriations as needed consistent with the purpose of the Fund.
(Added 2018, No. 11 (Sp. Sess.), § E.200.1.)
(a) The Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel is established. The Panel shall be organized and have the duties and responsibilities as provided in this section. The Panel shall be organized within the Office of the Attorney General and shall consult with the Vermont Human Rights Commission, the Vermont chapter of the ACLU, the Vermont Police Association, the Vermont Sheriffs’ Association, the Vermont Association of Chiefs of Police, and others.
(b) The Panel shall comprise the following 16 members:
(1) five members, drawn from diverse backgrounds to represent the interests of communities of color throughout the State, who have had experience working to implement racial justice reform, appointed by the Attorney General;
(2) the Executive Director of the Vermont Criminal Justice Council or designee;
(3) the Attorney General or designee;
(4) the Defender General or designee;
(5) the Executive Director of the State’s Attorneys and Sheriffs or designee;
(6) the Chief Superior Judge or designee;
(7) the Commissioner of Corrections or designee;
(8) the Commissioner of Public Safety or designee;
(9) the Commissioner for Children and Families or designee;
(10) the Executive Director of Racial Equity or designee; and
(11) two members, drawn from diverse backgrounds to represent the interests of communities of color throughout the State, who have had experience working in information technology or data collection systems, appointed by the Executive Director of Racial Equity.
(c) The members of the Panel appointed under subdivision (b)(1) of this section shall serve staggered four-year terms. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of subsection (b) of this section. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term. Members of the Panel shall be eligible for reappointment. Members of the Panel shall serve no more than two consecutive terms in any capacity.
(d) Members of the Panel shall elect biennially by majority vote the Chair of the Panel. Members of the Panel who are not State employees or whose participation is not supported through their employment or association shall receive per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010, to be provided by the Office of the Attorney General. The Office of the Attorney General shall provide the Panel with administrative and professional support. The Panel may meet up to ten times per year.
(e) A majority of the members of the Panel shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.
(f) The Panel shall review and provide recommendations to address systemic racial disparities in statewide systems of criminal and juvenile justice, including:
(1) continually reviewing the data collected pursuant to 20 V.S.A. § 2366 to measure State progress toward a fair and impartial system of law enforcement;
(2) providing recommendations to the Criminal Justice Council and the Vermont Bar Association, based on the latest social science research and best practices in law enforcement and criminal and juvenile justice, on data collection and model trainings and policies for law enforcement, judges, correctional officers, and attorneys, including prosecutors and public defenders, to recognize and address implicit bias;
(3) providing recommendations to the Criminal Justice Council, based on the latest social science research and best practices in law enforcement, on data collection and a model training and policy on de-escalation and the use of force in the criminal and juvenile justice system;
(4) educating and engaging with communities, businesses, educational institutions, State and local governments, and the general public about the nature and scope of racial discrimination in the criminal and juvenile justice system;
(5) monitoring progress on the recommendations from the 2016 report of the Attorney General’s Working Group on Law Enforcement Community Interactions; and
(6) on or before January 15, 2018, and biennially thereafter, reporting to the General Assembly, and providing as a part of that report recommendations to address systemic implicit bias in Vermont’s criminal and juvenile justice system, including:
(A) how to institute a public complaint process to address perceived implicit bias across all systems of State government;
(B) whether and how to prohibit racial profiling, including implementing any associated penalties; and
(C) whether to expand law enforcement race data collection practices to include data on nontraffic stops by law enforcement.
(Added 2017, No. 54, § 1, eff. May 31, 2017; amended 2021, No. 65, § 18, eff. June 7, 2021.)
[Repealed]
1959, No. 329 (Adj. Sess.), § 59, eff. March 1, 1961.
Each department or bureau, with the approval of the Governor, may adopt and have an official seal.
The commissioner or board at the head of each department specified in this chapter shall exercise only the powers and perform the duties imposed by law on such department.
(Amended 2025, No. 18, § 7, eff. May 13, 2025.)
A person holding an office under this chapter shall not be the owner of, or financially interested, directly or indirectly, in any corporation or association subject to the supervision of his or her respective department, except as a policy holder in an insurance company or a depositor in a bank.
Each commissioner of a department and each officer specified in this chapter, except the members of the boards specified in this chapter, shall devote the commissioner’s or officer’s entire time to the duties of the office.
(Amended 2025, No. 18, § 7, eff. May 13, 2025.)
The commissioner or board at the head of each department specified in this chapter is empowered to prescribe and to enforce rules, subject to the approval of the Governor, for the government and administration of such department, the conduct of its employees and the custody, use, and preservation of the records, books, documents, and property pertaining to the administration of the department.
(Amended 2025, No. 18, § 7, eff. May 13, 2025.)
(a) Each department specified in this chapter is empowered to employ assistance, clerical or otherwise, as the Governor deems necessary for its proper and efficient administration and, subject to the Governor’s approval, to fix the compensation for those employed. No department shall expend or authorize an expenditure in excess of the amount appropriated in any fiscal year.
(b) Agency secretaries and department heads are authorized to recruit, train, and accept without regard to the civil service classification laws and rules, and without statutory compensation, the services of temporary volunteers for, or in aid of, interpretive function, visitor services, or other activities in and related to areas administered by the agency secretary or department head.
(1) Except as provided in this section, a volunteer shall not be deemed a State employee and shall not be subject to the provisions of law relating to State employment and a collective bargaining agreement between the State of Vermont and the Vermont State Employees’ Association, Inc., including those relating to hours of work, rates of compensation, leave, and State employees benefits.
(2) The consideration for volunteer services is education, training, and experience.
(3) The appointing authority is authorized to provide reimbursement for such necessary incidental expenses as transportation, uniforms, lodging, and subsistence.
(4) [Repealed.]
(5) Volunteer services shall not be used to displace existing or vacant State positions but will be used to satisfy unmet public service needs. To ensure compliance with the intent hereof and merit system principles, any department or agency employing temporary volunteers shall secure the approval of the Commissioner of Human Resources.
(Amended 1973, No. 117, §§ 21, 22; 1989, No. 114, § 11(a)(1); 2003, No. 156 (Adj. Sess.), § 15; 2025, No. 18, § 7, eff. May 13, 2025.)
[Repealed]
2003, No. 122 (Adj. Sess.), § 294a.
The Governor shall provide for and require a practical working system to ensure efficiency and mutual helpfulness among the departments specified in this chapter. The Governor may transfer, temporarily or permanently, subordinates of any one of such departments to another department as the needs of the State may seem to the Governor to require. The Governor shall adopt and have power to enforce such rules as the Governor may see fit for the conduct of such departments and alter or add to the same in the Governor’s discretion.
(Amended 2015, No. 23, § 67; 2025, No. 18, § 7, eff. May 13, 2025.)
[Repealed]
1973, No. 101, § 6.
Nothing in this chapter shall be construed to give to the head of any department any authority over the judicial or quasi-judicial acts or duties of any officer in his or her department.
The following administrative departments are hereby created, through the instrumentality of which the Governor, under the Constitution, shall exercise such functions as are by law assigned to each department respectively:
(1) The Department of Mental Health
(2) [Repealed.]
(3) The Department of Financial Regulation
(4) The Department of Corrections
(5) The Department of Housing and Community Development
(6), (7) [Repealed.]
(8) The Department of Fish and Wildlife
(9) The Department of Forests, Parks and Recreation
(10) The Department of Health
(11) [Repealed.]
(12) The Department of Labor
(13) The Department of Libraries
(14) The Department of Liquor and Lottery
(15) [Repealed.]
(16) The Military Department
(17) The Department of Motor Vehicles
(18) The Department of Public Safety
(19) The Department of Public Service
(20) The Department for Children and Families
(21) The Department of Taxes
(22) The Department of Environmental Conservation
(23) The Department of Disabilities, Aging, and Independent Living
(24) The Department of Vermont Health Access.
(Added 1959, No. 329 (Adj. Sess.), § 4, eff. March 1, 1961; amended 1967, No. 71, § 2; 1967, No. 106, § 2; 1969, No. 207 (Adj. Sess.), § 5, eff. March 24, 1970; 1969, No. 226 (Adj. Sess.), § 1, eff. March 31, 1970; 1981, No. 66, § 1, eff. May 1, 1981; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 76, § 18; 1987, No. 243 (Adj. Sess.), § 2; 1989, No. 187 (Adj. Sess.), § 5; 1989, No. 225 (Adj. Sess.), § 25; 1989, No. 256 (Adj. Sess.), § 10, eff. Jan. 1, 1991; 1995, No. 174 (Adj. Sess.), § 3; 1995, No. 180 (Adj. Sess.), § 38(a); 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), §§ 2, 140; 2007, No. 15, § 1a; 2011, No. 78 (Adj. Sess.), § 1, eff. April 2, 2012; 2013, No. 92 (Adj. Sess.), § 246, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 97; 2015, No. 23, § 139; 2018, No. 1 (Sp. Sess.), § 106.)
(a) It is the policy of the State of Vermont that the Executive Branch of the State government created by the constitution shall be organized into the separate offices of the elected constitutional State officers and such administrative agencies and departments as may be created by law. All administrative bodies in the Executive Branch shall be placed within one of the foregoing agencies or departments to ensure proper executive supervision by the Governor.
(b) It is also the policy of the State of Vermont that, for the purpose of clarity and uniformity, all agencies of the Executive Branch of the State government shall be headed by secretaries; that all administrative departments of the Executive Branch of the State government shall be headed by commissioners; that all major divisions of administrative departments shall be known as divisions and shall be headed by a director; that the major groups within the administrative departments shall be known as boards; and that all other groups within the department shall be known as councils.
(Added 1959, No. 329 (Adj. Sess.), § 1; eff. March 1, 1961; amended 1987, No. 243 (Adj. Sess.), § 3, eff. June 13, 1988; 2025, No. 18, § 7, eff. May 13, 2025.)
A secretary, commissioner, or director may delegate any authority, power, or duty other than a specific statutory authority of the office to a designee; and a board or council in its discretion and with the approval of the Governor may delegate to the commissioner of the department any of its authority, power, or duty other than a specific statutory authority except those necessary to its rulemaking and quasi-judicial functions.
(Added 1959, No. 329 (Adj. Sess.), § 6, eff. March 1, 1961; amended 1987, No. 243 (Adj. Sess.), § 4, eff. June 13, 1988.)
The Commissioner of each department shall be ex officio a member of all councils within the department. However, he or she shall not vote unless otherwise provided by law and shall not participate as a member of a council in matters involving the quasi-judicial functions of the council relative to administrative decisions of the department except as otherwise provided by law. The Commissioner or his or her representative shall attend all meetings of the councils within the department.
(Added 1959, No. 329 (Adj. Sess.), § 7, eff. March 1, 1961.)
Unless otherwise provided, no board or commission appointed by the Governor, whether or not with the advice and consent of the Senate, may be composed entirely of persons from one political party.
(Added 1969, No. 54, § 1, eff. April 10, 1969.)
(a) No State department or agency, board, or commission, except the Governor, the Commissioner of Buildings and General Services, and the Commissioners of the Departments of Fish and Wildlife and of Public Safety for use of employees who are sworn law enforcement officers, may maintain or provide passenger vehicles, subject to such exceptions as may be made by the Commissioner of Buildings and General Services in circumstances where there is documented evidence of necessity based upon the requirements or conditions of individual State programs.
(b) The Department of Buildings and General Services of the Agency of Administration shall dispose of all cars owned by the State except those cars that are determined by the Secretary of Administration to be necessary to the operations of individual State programs under subsection (a) of this section. All money that has been budgeted in any fiscal year for the maintenance of those vehicles and the proceeds from the sale of those vehicles shall be applied to the future replacement of the State fleet. Any unspent balance shall revert to the General Fund.
(c) The Commissioner of Buildings and General Services shall purchase and lease vehicles for the State Fleet subject to the requirements of 29 V.S.A. § 903(g).
(Added 1975, No. 118, § 62, eff. April 30, 1975; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1989, No. 210 (Adj. Sess.), § 42; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 121 (Adj. Sess.), § 44, eff. June 8, 2004; 2019, No. 59, § 42.)
(a) The General Assembly finds that public records are essential to the administration of State and local government. Public records contain information that allows government programs to function, provides officials with a basis for making decisions, and ensures continuity with past operations. Public records document the legal responsibilities of government, help protect the rights of citizens, and provide citizens a means of monitoring government programs and measuring the performance of public officials. Public records provide documentation for the functioning of government and for the retrospective analysis of the development of Vermont government and the impact of programs on citizens. Public records in general and archival records in particular need to be systematically managed to preserve their legal, historic, and informational value, to provide ready access to vital information, and to promote the efficient and economical operation of government.
(b) The head of each State agency or department shall establish, maintain, and implement an active and continuing program approved by the Vermont State Archives and Records Administration for the effective management, preservation, and disposition of records, regardless of their physical form or characteristics, for which that head is responsible.
(c) For an agency or department records program to be approved by the Vermont State Archives and Records Administration, the head of each State agency or department shall:
(1) establish and maintain an accurate inventory of all records;
(2) develop justifiable retention periods for all records;
(3) dispose promptly of those records authorized for destruction by the Vermont State Archives and Records Administration;
(4) establish and maintain accurate records indicating the identity and quantity of all records destroyed, the savings in space and equipment, and any money savings resulting from the disposal of such records;
(5) establish and maintain other records related to management of the agency’s or department’s records as required by the Vermont State Archives and Records Administration;
(6) provide for furnishing to the State Archives, such special reports regarding the records of the agency or department as the Vermont State Archives and Records Administration may deem necessary;
(7) process, store, and preserve records kept by the agency or department in an efficient and economical manner;
(8) where practicable, consolidate or eliminate existing records of the agency or department and control the creation of new records;
(9) maintain the records of the agency or department in a manner that permits the prompt and orderly removal of records authorized for destruction; and
(10) implement and sustain a record schedule in accordance with requirements established by the Vermont State Archives and Records Administration under section 117 of this title and the Agency of Digital Services under chapter 56 of this title.
(d) The head of each State agency or department shall designate a member of his or her staff as the records officer for his or her agency or department, and shall notify the Vermont State Archives and Records Administration in writing of the name and title of the person designated, and shall post the name and contact information of the person on the agency or department website, if one exists.
(e) The Vermont State Archives and Records Administration shall approve all agency record schedules, as defined by section 117 of this title, unless set forth in a general record schedule issued by the Vermont State Archives and Records Administration. Authorizations by the Public Records Advisory Board regarding the disposition of public records shall remain in effect until superseded by a record schedule issued or approved by the Vermont State Archives and Records Administration.
(Added 1975, No. 118, § 63, eff. April 30, 1975; amended 1979, No. 56, § 1; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 3, § 2; 2007, No. 96 (Adj. Sess.), § 4; 2009, No. 91 (Adj. Sess.), § 3, eff. May 6, 2010; 2011, No. 59, § 8; 2019, No. 49, § 1, eff. June 10, 2019.)
[Repealed]
2009, No. 91 (Adj. Sess.), § 4, eff. May 6, 2010.
(a) A State employee in the classified service, upon appointment to an exempt position, may request an indefinite leave of absence without pay from his or her classified position for so long as he or she remains in the exempt position. Upon approval in writing by the administrative head of the agency, department or like instrumentality in which the employee is serving, and upon concurrence by the Commissioner of Human Resources, the employee may enter the exempt position with rights determined under this section.
(b) During service in the exempt position, and if the approved request so specifies, the employee’s rights to sick leave and rights under retirement and insurance plans shall be continued.
(c) Upon leaving the exempt position, the employee shall not have a guarantee of returning to his or her former position, nor to any other classified position. However, where the employee has at least 10 years of classified service, the Commissioner of Human Resources shall provide for the employee to be offered a position in the classified service, but not necessarily the former position, at the same or lower paygrade as the position previously held, provided the employee was not dismissed from the exempt position for cause. Any such offer of employment shall be made within 30 days of separation from the exempt position. For such employees entering the exempt service after July 1, 1994, their approved request for a leave of absence shall specify a request to return. Otherwise, the employee may be offered a classified position in State government if:
(1) the employee’s approved request specifies a right to return to classified service;
(2) the classified position is vacant and is at the same or a lower pay grade as the employee’s previous classified position; and
(3) the employee possesses the minimum qualifications required in the specification for that position class.
(d) If an employee accepts an offer of employment under subsection (c) of this section, and if the employee’s approved request so specifies, the employee shall be entitled to the benefits of any increments to which he or she would have been entitled by reason of continuous service in a classified position, but for the appointment to the exempt position.
(e) Subject to the approval of the Governor, a classified employee who has satisfactorily completed any required probationary period, may be permitted to accept an assignment or appointment to fulfill the duties of an exempt position for a brief period of time, not to exceed one year, without having to resign or take a leave of absence from the classified service. Any such employee shall be compensated in accordance with compensation provisions applicable to the exempt position.
(Added 1987, No. 243 (Adj. Sess.), § 5, eff. June 13, 1988; amended 1993, No. 227 (Adj. Sess.), §§ 15, 16; 2003, No. 156 (Adj. Sess.), § 15.)
(a) The Secretary of Administration shall adopt a rule to establish guidelines and oversight for hearing officers in the Executive Branch. As used in this section, “hearing officer” means a person employed by the State of Vermont whose exclusive duty is to resolve contested cases when a decision of an Executive Branch agency is challenged.
(b) The rule adopted pursuant to this section shall include provisions addressing the following topics:
(1) The rule shall include ethical standards for hearing officers. The ethical standards:
(A) may be based on the Model Code of Judicial Conduct for State Administrative Law Judges developed by the National Association of Administrative Law Judiciary;
(B) shall be made readily accessible to the public and to parties in administrative proceedings; and
(C) shall include provisions related to bias, impartiality and the appearance of impartiality, conflicts of interest, recusal and disqualification, confidentiality, and ex parte communications.
(2) The rule shall require the agency or department that employs the hearing officer to designate procedures for the receipt, consideration, and determination of complaints about the conduct of hearing officers. The procedures shall be provided to all parties in the matter.
(3) The rule shall ensure that all parties in proceedings presided over by a hearing officer are provided with a copy of the rules of procedure that apply to the proceedings. The rules shall prominently and specifically describe any appeal rights a party has and the procedure for filing an appeal.
(Added 2013, No. 185 (Adj. Sess.), § 2, eff. June 11, 2014.)
(a) “Federal tax information” or “FTI” means returns and return information as defined in 26 U.S.C. § 6103(b) that are received directly from the Internal Revenue Service or obtained through an IRS-authorized secondary source, that are in the Recipient’s possession or control, and that are subject to the confidentiality protections and safeguarding requirements of the Internal Revenue Code and corresponding federal regulations and guidance.
(b) As used in this chapter, “Recipient” means the following authorities of the Executive Branch of State government that receive FTI:
(1) Agency of Human Services, including:
(A) Department for Children and Families;
(B) Department of Health;
(C) Department of Mental Health; and
(D) Department of Vermont Health Access.
(2) Department of Labor.
(3) Department of Motor Vehicles.
(4) Department of Taxes.
(5) Agency of Digital Services.
(6) Department of Buildings and General Services.
(c)(1) The Recipient shall conduct an initial background investigation of any individual, including a current or prospective employee, volunteer, contractor, or subcontractor, to whom the Recipient will permit access to FTI for the purpose of assessing the individual’s fitness to be permitted access to FTI.
(2) The Recipient shall, at least every 10 years, conduct a periodic background reinvestigation of any employee, volunteer, contractor, or subcontractor to whom the Recipient permits access to FTI.
(3) The impact of the results of a background investigation performed pursuant to subdivision (1) of this subsection shall be the subject of impact bargaining between the State and the collective bargaining representative for the employee’s bargaining unit to the extent required by any collective bargaining agreements between the parties.
(d) The Recipient shall request and obtain from the Vermont Crime Information Center (VCIC) the Federal Bureau of Investigation and State and local law enforcement criminal history records based on fingerprints for the purpose of conducting a background investigation under this section.
(e) The Recipient shall sign and keep a user agreement with the VCIC.
(f) A request made under subsection (d) of this section shall be accompanied by a release signed by the individual on a form provided by the VCIC, a set of the individual’s fingerprints, and a fee established by the VCIC that shall reflect the cost of obtaining the record. The fee for a current or prospective employee shall be paid by the Recipient. The release form to be signed by the individual shall include a statement informing the individual of:
(1) the right to challenge the accuracy of the record by appealing to the VCIC pursuant to rules adopted by the Commissioner of Public Safety; and
(2) the Recipient’s policy regarding background investigations and the maintenance and destruction of records.
(g) Upon completion of a criminal history record check under subsection (d) of this section, the VCIC shall send to the Recipient either a notice that no record exists or a copy of the record. If a copy of a criminal history record is received, the Recipient shall forward it to the individual and shall inform the individual in writing of:
(1) the right to challenge the accuracy of the record by appealing to the VCIC pursuant to rules adopted by the Commissioner of Public Safety; and
(2) the Recipient’s policy regarding background investigations and the maintenance and destruction of records.
(h) Criminal history records and information received under this chapter are exempt from public inspection and copying under the Public Records Act and shall be kept confidential by the Recipient, except to the extent that federal or State law authorizes disclosure of such records or information to specifically designated persons.
(i) The Recipient shall adopt policies in consultation with the Department of Human Resources to carry out this chapter and to guide decisions based on the results of any background investigation conducted under this chapter.
(Added 2017, No. 73, § 11, eff. June 13, 2017; amended 2019, No. 58, § 1.)
[Repealed]
1987, No. 243 (Adj. Sess.), § 6, eff. June 13, 1988.
[Repealed]
2005, No. 215 (Adj. Sess.), § 55.
The cost of such bonds shall be paid from the appropriations of the departments in which such officer or employee serves. In procuring such bonds, the Governor is authorized to purchase blanket or schedule surety contracts with such company as he or she shall determine.
(a) The following named commissioners, directors, and State officials may each appoint a deputy who shall perform such duties as the appointing official shall direct, with the approval of the Governor, remove him or her at pleasure and be responsible for his or her acts: Treasurer, Secretary of State, Auditor of Accounts, Labor, and Motor Vehicles.
(b) [Repealed.]
(c)(1) The Commissioner of Financial Regulation, with the approval of the Governor, shall appoint a Deputy Commissioner of Banking, a Deputy Commissioner of Insurance, a Deputy Commissioner of Captive Insurance, and a Deputy Commissioner of Securities. The Commissioner of Financial Regulation may remove the deputy commissioners at pleasure and shall be responsible for their acts. The functions and duties that relate to banks and banking shall be in the charge of the Deputy Commissioner of Banking; those that relate to the business of insurance shall be in the charge of the Deputy Commissioner of Insurance; those that relate to the business of captive insurance shall be in the charge of the Deputy Commissioner of Captive Insurance; and those that relate to the business of securities shall be in the charge of the Deputy Commissioner of Securities.
(2) In the case of a vacancy in the Office of the Commissioner of Financial Regulation, one of the deputies appointed by the Commissioner shall assume and discharge the duties of that Office until the vacancy is filled or the Commissioner returns.
(d) In case a vacancy occurs in the office of any appointing official who by law is authorized to appoint a deputy, or such official is absent, his or her deputy shall assume and discharge the duties of such office until the vacancy is filled or the official returns.
(e)(1) The Secretary of Agriculture, Food and Markets, with the approval of the Governor, shall appoint a Deputy Secretary. The Secretary of Agriculture, Food and Markets may remove the Deputy Secretary at pleasure, and he or she shall be responsible for the Deputy Secretary’s acts. The Agency of Agriculture, Food and Markets shall be so organized that, subject to the supervision of the Secretary of Agriculture, Food and Markets, the functions and duties that relate to administration and enforcement shall be in the charge of the Deputy Secretary.
(2) In case a vacancy occurs in the Office of the Secretary of Agriculture, Food and Markets, the Deputy Secretary shall assume and discharge the duties of the Secretary until the vacancy is filled or the Secretary returns.
(f) All such appointments shall be in writing and recorded in the Office of the Secretary of State.
(Amended 1959, No. 328 (Adj. Sess.), § 2; 1959, No. 329 (Adj. Sess.), § 8, eff. March 1, 1961; 1965, No. 125, § 14, eff. July 2, 1965; 1966, No. 11 (Sp. Sess.), eff. Feb. 23, 1966; 1967, No. 133; 1967, No. 319 (Adj. Sess.), § 4; 1973, No. 266 (Adj. Sess.), § 26, eff. April 16, 1974; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 243 (Adj. Sess.), § 7, eff. June 13, 1988; 1989, No. 54, § 1; 1989, No. 225 (Adj. Sess.), §§ 23, 25a; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1995, No. 180 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 55, § 10a, eff. June 4, 2003; 2009, No. 158 (Adj. Sess.), § 3; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2015, No. 23, § 140.)
The term of an officer elected by the General Assembly shall commence on March 1 in the year of such election and continue, if no other term is fixed by law, for the term of two years from and including such first day of March, and until his or her successor is elected and has qualified.
(Amended 1985, No. 196 (Adj. Sess.), § 12.)
The term of an officer appointed by the Governor, without the advice and consent of the Senate, shall commence on the day when such appointee qualifies, and shall continue, where no other term is fixed by law, until March 1 of the next biennial year and until his successor is appointed and has qualified.
(a) Whenever it is provided by law that an office shall be filled by appointment with the advice and consent of the Senate, such appointment shall be made during the month of February, and the term of office of a person so appointed shall commence on the first day of March thereafter.
(b) Notwithstanding any other provision of law, all secretaries of State agencies and all commissioners of State departments shall take office only with the advice and consent of the Senate except in the case of an appointment to fill a vacancy when the General Assembly is not in session in which case the appointee may take office subject to the provisions of section 257 of this title.
(Amended 1975, No. 84, § 1, eff. April 24, 1975; 2013, No. 92 (Adj. Sess.), §§ 247, 302, eff. Feb. 14, 2014.)
(a) Appointments required to be made pursuant to section 256 of this title in the month of February, with the advice and consent of the Senate, shall be valid if made and confirmed at any time during the then regular biennial session of the General Assembly. If not made and confirmed in such month of February, the term of office of the person appointed and confirmed thereafter shall extend to and include the day whereon his or her term would expire had he or she been appointed and confirmed in such month of February.
(b) When a vacancy occurs in an office requiring appointment with the advice and consent of the Senate, an appointment may be made to fill the vacancy. If the appointment to fill the vacancy is made during any adjournment of the General Assembly the person appointed may validly function in that office during adjournment until the Senate convenes at the next regular, adjourned, or special session and acts upon the appointment submitted forthwith by the Governor; or if the appointment to fill the vacancy is made during any session of the General Assembly, the person appointed may validly function in that office until the Senate shall act upon the appointment submitted forthwith by the Governor. Thereafter the appointee shall continue in office if the Senate consents to the appointment.
(Amended 1975, No. 84, § 2, eff. April 24, 1975; 1977, No. 178 (Adj. Sess.).)
The Governor may remove any civil officer whose appointment devolves upon the Governor in the first instance, whether appointed by him or her or any of his or her predecessors, with or without the advice and consent of the Senate, and appoint a suitable person to succeed such official, subject to removal in his or her discretion, who shall be sworn and give the bond, if any, required by law. Such person, unless sooner removed, shall perform the duties and be entitled to the pay of the person whom he or she succeeds, until March 1 of the next biennial year and until his or her successor is appointed and has qualified.
Each State and county officer elected or appointed for a definite term, unless other provision is made by the Constitution or under the express terms of a statute, shall continue to exercise the duties of such office until a successor is duly elected or appointed and has qualified.
(a) The following State officers shall have their offices in Montpelier in quarters to be designated from time to time by the Governor: the Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General.
(b) The principal office of each administrative department shall be located at such location as the Secretary of Administration determines with the approval of the Governor, except that the principal Office of the Military Department shall be at Camp Johnson.
(c) [Repealed.]
(d) If either Montpelier, Burlington, or Camp Johnson, in the opinion of the Governor, becomes an unsafe place because of an enemy attack or threatened attack upon the United States or Canada, such offices, while such unsafe condition is continued, may be located elsewhere in quarters to be designated from time to time by him or her.
(e) This section shall not apply to the State House, the use of which shall be under the exclusive direction of the General Assembly.
(Amended 1959, No. 12, § 1, eff. March 4, 1959; 1959, No. 329 (Adj. Sess.), § 5, eff. March 1, 1961; 1961, No. 1, eff. Feb. 3, 1961; 1971, No. 213 (Adj. Sess.), § 4, eff. April 3, 1972; 1975, No. 114, § 12; 2007, No. 200 (Adj. Sess.), § 34, June 9, 2008; 2015, No. 97 (Adj. Sess.), § 2; 2021, No. 66, § 2, eff. June 7, 2021.)
A trustee or supervisor of a State institution, except the University of Vermont and State Agricultural College, shall not be employed in any capacity in such institution, nor shall the Commissioner of Corrections be employed in any capacity in any State institution over which he or she has supervision or charge. If such an officer accepts employment in a State institution contrary to the provisions of this section, his or her office shall be vacant.
(Amended 1967, No. 106, § 2.)
No department or commission of the State government shall regularly employ an alien. However, physicians or other qualified health personnel required to have specialized or graduate training, each of whom has filed a declaration of intention to become a citizen, may be considered as eligible for employment in the absence of a register of qualified applicants for vacancies. The Commissioner of Corrections may employ alien physicians in a postgraduate training position for a period not to exceed two years. The Secretary of Transportation, as an emergency measure due to a nationwide shortage of engineers may employ not more than 10 qualified aliens, each of whom has filed a declaration to become a citizen; admitted under the Refugee Relief Act of 1953, as amended, or paroled in under the Immigration and Nationality Act of 1952, for a period not to exceed five years from date of appointment as a State employee, in engineering positions in the Agency of Transportation to expedite the surveying, designing, and construction of Vermont highways and bridges. The Department of Development may employ outside the classified service aliens in any office located outside the United States, providing the individuals so employed are citizens of the nation in which the office is located.
(Amended 1963, No. 88, eff. May 10, 1963; 1967, No. 79, eff. April 12, 1967; 1967, No. 106, § 2; 1969, No. 213 (Adj. Sess.), eff. March 25, 1970.)
(a) A person in the permanent employ of the State of Vermont who is or has been inducted or ordered into the active service of the U.S. Armed Forces or who voluntarily enlists or was enlisted in such service in time of war or national emergency, or who is ordered to active duty as a member of a reserve component of the U.S. Armed Forces and thus for any of these causes leaves a permanent position, shall be restored to the position or to a position of like seniority, status, and class, or the nearest approximation as the person would have had if the person had been continually employed by the State, provided such person:
(1) terminates service or active duty with the U.S. Armed Forces at the conclusion of the person’s initial period of service or tour of duty, together with involuntary extensions of service or tour of duty, and furnishes a certificate or other valid evidence of satisfactory completion of military service;
(2) is still qualified to perform the duties of the person’s position with the State; and
(3) makes application for reemployment within 90 days after being relieved of military service.
(b) If a person returning to a position in State employment under the provisions of subsection (a) of this section is not qualified to perform the duties of the position by reason of disability sustained during such service but is qualified to perform the duties of some other position in the employ of the State that is vacant, the person shall be assigned to another position so as to provide the person with the same seniority, status, and class, or the nearest approximation as the person would have had if the person had been continuously employed by the State.
(c) The words permanent employment shall not be construed as including any position that is elective or appointive where a term of office has expired.
(Amended 2025, No. 18, § 8, eff. May 13, 2025.)
An employee who has an accumulated sick leave balance shall be authorized its use although recovery and return to duty is impossible. However, periodically, at the request of the appointing authority or representative, the disability or illness and inability to perform position requirements must be certified to by a licensed physician or osteopath. No sick leave shall be authorized beyond mandatory retirement age under the Retirement System.
(Added 1971, No. 231 (Adj. Sess.), § 1.)
(a) Any State employee who is a certified disaster relief service volunteer of the American Red Cross may, with the authorization of the employee’s supervisor, be granted leave not to exceed 15 working days in any fiscal year to participate in specialized disaster relief service work if:
(1) the request for service is made by the American Red Cross; and
(2)(A) the disaster relief services are to be performed in Vermont; or
(B) the disaster is a federal or presidentially declared disaster designated as Level III or above according to the American National Red Cross regulations and procedures; or
(C) the disaster is declared by the governor of a state or territory.
(b) An employee granted leave under this section shall not lose seniority, accumulated vacation leave, sick leave, or earned overtime. In addition, the employee shall be paid the employee’s regular pay based on regular work hours during the leave, provided that the disaster relief services are performed in Vermont or the services are performed in another state and pay during such service is authorized by the Governor.
(c) The State shall not be liable for workers’ compensation claims of the employee arising out of the disaster relief service work.
(Added 1995, No. 115 (Adj. Sess.), § 1, eff. Apr. 23, 1996.)
[Repealed]
2009, No. 149 (Adj. Sess.), § 2.
(a) Prior participation while in State employ.
(1) An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which:
(A) the State is a party or has a direct and substantial interest; and
(B) the Executive officer had participated personally and substantively while in State employ.
(2) The prohibition set forth in subdivision (1) of this subsection applies to any matter the Executive officer directly handled, supervised, or managed, or gave substantial input, advice, or comment, or benefited from, either through discussing, attending meetings on, or reviewing materials prepared regarding the matter.
(b) Prior official responsibility. An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which the officer had exercised any official responsibility.
(c) Exemption. The prohibitions set forth in subsections (a) and (b) of this section shall not apply if the former Executive officer’s only role as an advocate would exempt that former officer from registration and reporting under 2 V.S.A. § 262.
(d) Public body enforcement. A public body shall disqualify a former Executive officer from his or her appearance or participation in a particular matter if the officer’s appearance or participation is prohibited under this section.
(e) Definitions. As used in this section:
(1) “Advocate” means a person who assists, defends, or pleads.
(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.
(3) “Private entity” means any person, corporation, partnership, joint venture, or association, whether organized for profit or not for profit, except one specifically chartered by the State of Vermont or that relies upon taxes for at least 50 percent of its revenues.
(4) “Public body” means any agency, department, division, or office and any board or commission of any such entity, or any independent board or commission, in the Executive Branch of the State.
(Added 2017, No. 79, § 2.)
[Repealed]
2018, No. 2 (Sp. Sess.), § 11, eff. January 4, 2023.
[Repealed]
1987, No. 243 (Adj. Sess.), § 8, eff. June 13, 1988.
[Repealed]
1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.
[Repealed]
1969, No. 113, § 7.
[Repealed]
1959, No. 331 (Adj. Sess.), § 15, eff. Feb. 9, 1960.
(a) The Commissioner, as administrative head of the Department, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed elsewhere in this chapter, it shall be the Commissioner’s duty:
(1) To apply and carry out this chapter and the rules adopted in accordance with this chapter.
(2) To establish and maintain a roster of all classified employees in the State civil service, in which there shall be set forth, as to each employee, the class title, pay or status and other pertinent data.
(3) To foster and develop, in cooperation with the appointing authorities, programs for the improvement of employee effectiveness, including orientation, training, safety, health, counseling, and welfare.
(4) To encourage and aid in the development of effective personnel administration within the several departments in the State service, and to make available the facilities of the Department of Human Resources to this end.
(5) To investigate from time to time the operation and effect of this chapter and of the rules adopted in accordance with this chapter and to report the Commissioner’s findings to the Secretary of Administration and to the Governor.
(6) To make such reports regarding the work of the Department of Human Resources as the Commissioner may consider desirable and as may be required of the Commissioner to the Secretary of Administration and to the Governor.
(7) To maintain a continuous study of the status and availability of temporary employees, to receive and maintain adequate records and reports as to those employees, and cooperate with the State employment service in establishing lists of persons available for temporary employment.
(8) To establish a standard reporting form on contractual employees and to receive and maintain records indicating their status.
(9) To establish an employee census report providing for the systematic and regular accounting of all persons employed by the State in all categories of employment.
(10) To maintain registers of persons eligible for employment and to verify the availability of those persons certified to an appointing authority.
(11) To cooperate with all State agencies in initiating and maintaining a trainee-internship program, a recruitment program for clerical, administrative, and professional positions, which shall include visits to Vermont high schools, colleges, and universities.
(12) To design and make available to all State agencies service rating forms.
(13) To compile and publish a manual, which shall be kept current, containing the pertinent statutes and rules of the Department of Human Resources and its rules of procedure and forms prescribed for use by rule.
(14) To perform any other lawful act that may be necessary and proper to carry out the purposes and provisions of this chapter.
(15) With the approval of the Governor, the Commissioner may appoint and employ a general legal counsel, to be exempt from the classified service, and who shall report directly to the Commissioner of Human Resources.
(16)-(18) [Repealed.]
(19) Annually on or before January 15, the Commissioner of Human Resources shall submit to the General Assembly a report on the status of the State employee workforce. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. All reporting on numbers of State employees shall include numbers stated in “full-time equivalent” positions. The report shall consolidate reports mandated by the General Assembly, as well as other information regarding developments in State employment, including:
(A) use of temporary employees;
(B) use of limited service positions;
(C) vacancies of more than six months’ duration;
(D) use of emergency volunteer leave under section 265 of this title;
(E) development of compensation plans;
(F) developments in equal employment opportunity;
(G) use of the position management system;
(H) abolished or transferred classified and exempt State positions.
(20) To maintain a central payroll office, personnel earnings records, and records on authorized deductions.
(21) To certify, by voucher, to the Commissioner of Finance and Management all necessary and appropriate disbursements associated with the payroll function.
(b) The Commissioner, with the approval of the Secretary of Administration, may from time to time designate in writing an employee of the Department of Human Resources to act for him or her in case of his or her absence or temporary inability from any cause to discharge the powers and duties of the Commissioner’s office. In that case, the powers and duties of the Commissioner shall devolve upon his or her representative.
(c) The Commissioner may designate appropriate persons, including officers and employees in State service, to assist in the preparation and rating of tests. An appointing authority may excuse any employee in the division or department from regular duties for the time required for work as an examiner. Such officers and employees shall not be entitled to extra pay for their services as examiners but shall be entitled to reimbursement for necessary travel and other expenses.
(Amended 1959, No. 331 (Adj. Sess.), § 4, eff. Feb. 9, 1960; 1961, No. 177, § 3; 1971, No. 191 (Adj. Sess.), § 16; 1981, No. 249 (Adj. Sess.), § 23, eff. July 4, 1982; 1993, No. 210 (Adj. Sess.), § 12; 1995, No. 123 (Adj. Sess.), § 2, eff. June 6, 1996; 1997, No. 28, § 11, eff. May 15, 1997; 1999, No. 145 (Adj. Sess.), § 1; 2001, No. 142 (Adj. Sess.), § 302b; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7, § 8; 2013, No. 142 (Adj. Sess.), § 6; 2015, No. 172 (Adj. Sess.), § E.108.3, eff. June 8, 2016; 2025, No. 18, § 9, eff. May 13, 2025.)
(a) The Commissioner shall adopt rules under chapter 25 of this title in consultation with appropriate vocational rehabilitation agencies, interested private associations and organizations, and interested individuals to establish procedures on the employment of persons with disabilities.
(b) Rules adopted by the Commissioner shall allow flexibility with respect to hiring persons with a disability. The Commissioner may require certification by the Commissioner of Disabilities, Aging, and Independent Living to accompany the usual application for employment. The Commissioner of Disabilities, Aging, and Independent Living shall indicate in its certification that:
(1) the applicant is physically qualified to do the work without hazard to himself or herself or others; and
(2) the applicant is competent to maintain himself or herself in a work environment.
(c) The Commissioner, in his or her discretion, may waive qualifications which exclude a person with a disability who is otherwise qualified. A waiver may apply to competitive entrance examinations, provisions relating to previous experience, or any other requirement for qualification. A waiver is to be used for equal access to employment, not for an advantage.
(Added 1977, No. 181 (Adj. Sess.), § 1, eff. April 3, 1978; amended 1989, No. 219 (Adj. Sess.), § 9; 2005, No. 174 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 6.)
(a) The Department of Human Resources shall adopt a uniform and equitable plan of classification for each position within State service, now or hereafter created, including positions within the Department of Public Safety, except those positions expressly excluded by section 311 of this title or by other provisions of law. For purposes of internal position alignment and assignment of positions to salary ranges, the plan shall be based upon a job content comparison method of job evaluation. As used in this section, “job content comparison method” means a system under which positions are assigned to salary ranges based on a scale of values against which job evaluations of individual positions are compared.
(b) It shall be the responsibility of the Department of Human Resources to perform job evaluations for each position based on current job descriptions that describe the nature, scope, and accountabilities for each class of employees. It shall be the responsibility of the head of each department to provide current job descriptions for all positions within his or her department and such other information as may be required to the Department of Human Resources in order to enable that department to carry out its responsibility under this section.
(c) The Department of Human Resources, upon the approval of the General Assembly, shall establish and maintain a salary structure consisting of salary ranges with a minimum salary and a maximum salary for each range. Classes shall be assigned to salary ranges based upon the job evaluation provided for under subsection (b) of this section.
(d) Subject to bargaining rights as set forth in chapter 27 of this title, the Secretary of Administration shall adopt rules and procedures to carry out the foregoing provisions of this section.
(e) Subject to bargaining rights as set forth in chapter 27 of this title, the Commissioner of Human Resources shall adopt rules and methods of qualifying employees for positions as will make the plan effective, and shall adopt rules governing appointments, probation, promotions, demotions, transfers, separations, vacations, sick leave, and hours of employment applicable to persons in the classified service.
(f) The Classification and Compensation Plan and the rules for personnel administration shall be based on merit system principles and shall provide for compliance with the laws relating to preference granted to qualified persons who have served in the U.S. Armed Forces and received honorable discharge.
(g)(1) After the requirements of an applicable collective bargaining agreement have been satisfied with regard to hiring issues and after compliance with subsection 327(a) of this title, and consistent with applicable State or federal standards for affirmative action, the State shall make a diligent effort to recruit, interview, and hire:
(A) those applicants who meet the definition of a veteran as defined by 38 U.S.C. § 101 and who received an honorable discharge; and
(B) the spouses of veterans, as defined in subdivision (A) of this subdivision (1), who currently receive disability compensation or improved pension from the U.S. Department of Veterans Affairs and are unable to work due to disability and the surviving spouses of veterans in cases where the surviving spouse currently receives dependency indemnity compensation from the U.S. Department of Veterans Affairs.
(2) Veterans who apply for and meet the requirements for any open competitive recruitment that is conducted using a point-based examination and who receive a passing score shall have five points added to their competitive examination rating, and service-connected disabled veterans, veterans’ unremarried widows or widowers, and spouses of totally service-connected disabled veterans who meet the requirements for any open competitive examination and who receive a passing score shall have ten points added to their competitive examination rating, subject to the provisions contained in 20 V.S.A. § 1543.
(h) Those individuals qualifying under subdivision (g)(1)(A) of this section shall be entitled to apply and compete for vacant positions for which recruitment is being conducted only on a statewide promotional basis.
(i) The appeal procedures for classification and reclassification of an employee’s or employees’ positions shall be a subject for collective bargaining and when bargained this aspect of employment may be included as a grievance under subdivision 902(14) of this title.
(j) Subject to the provisions of the collectively bargained agreements with the Vermont State Employees’ Association, the Secretary of Administration may exceed established classified pay plan maximums to implement market factor adjustments for the purpose of attracting and retaining qualified employees in the classified system.
(Amended 1959, No. 331 (Adj. Sess.), § 5, eff. Feb. 9, 1960; 1961, No. 35, eff. March 24, 1961; 1961, No. 177, § 4; 1969, No. 113, § 4; 1971, No. 191 (Adj. Sess.), § 2; 1971, No. 193 (Adj. Sess.), §§ 1, 17, eff. April 3, 1972; 1975, No. 118, § 66, eff. April 30, 1975; 1979, No. 59, § 10; 1979, No. 90 (Adj. Sess.), § 1, eff. Feb. 28, 1980; 1981, No. 249 (Adj. Sess.), § 24; eff. July 4, 1982; 1989, No. 67, § 15; 1997, No. 147 (Adj. Sess.), § 274b; 2003, No. 111 (Adj. Sess.), § 1; 2003, No. 156 (Adj. Sess.), § 15; 2017, No. 85, § E.108.2; 2025, No. 18, § 9, eff. May 13, 2025.)
(a) The classified service to which this chapter shall apply shall include all positions and categories of employment by the State, except as otherwise provided by law, and except the following:
(1) The General Assembly and its employees and other officers elected by popular vote or by vote of the General Assembly and persons appointed to fill vacancies in elective offices.
(2) Members of boards and commissions and heads of departments or agencies appointed by the Governor, or with his or her approval.
(3) One principal or executive assistant, one deputy to the head of a department or agency, one private secretary, and one executive director for each board or commission or head of a department or agency elected or appointed by the Governor or General Assembly. However, nothing in this subdivision shall be construed to prevent a board, commission, or director or head of a department or agency from designating a classified employee to perform the duties of a principal assistant, deputy, executive director, or private secretary.
(4) Employees in the office of the Governor.
(5) Judges, referees, receivers, jurors, and notaries public, and all other officers and employees of a court.
(6) Presidents and heads of all State teachers colleges and employees of such colleges.
(7) Patients or inmates employed in State institutions.
(8) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the General Assembly or a committee of the General Assembly, or by authority of the Governor.
(9) Positions for which the salary or compensation is fixed by statute.
(10) A person or persons engaged under retainer, contract for services as defined in section 341 of this title, or special agreement.
(11) Persons employed in a temporary capacity, in accordance with the provisions of section 331 of this title.
(12) Assistant Attorneys General and Special Assistant Attorneys General.
(13) [Repealed.]
(14) Attorneys employed as legal advisors or special counsel outside the Office of the Attorney General, including special counsel for the Public Utility Commission.
(15) The clerk and reporter employed by the Occupational Safety and Health Review Board.
(16) Employees of firms engaged by the Department of Buildings and General Services to perform custodial and maintenance services.
(b) Positions in the uniformed State Police within the Department of Public Safety shall be deemed to be within the classified service for purposes of job evaluation and assignment of position classes to salary ranges only, and not otherwise.
(Amended 1961, No. 177, § 6; 1963, No. 170, § 1; 1965, No. 44, § 2, eff. May 5, 1965; 1965, No. 125, § 4, eff. July 2, 1965; 1967, No. 147, § 9, eff. Oct. 1, 1968; 1967, No. 263 (Adj. Sess.), § 1, eff. Feb. 28, 1968; 1969, No. 294 (Adj. Sess.), § 26, eff. April 9, 1970; 1971, No. 43, § 1, eff. April 7, 1971; 1971, No. 191 (Adj. Sess.), § 3; 1971, No. 193 (Adj. Sess.), §§ 2, 3, eff. April 3, 1972; 1971, No. 205 (Adj. Sess.), § 4; 1977, No. 222 (Adj. Sess.), § 2, eff. July 2, 1978; 1979, No. 59, §§ 14, 31(c); 1979, No. 205 (Adj. Sess.), § 140, eff. May 9, 1980; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1989, No. 67, § 16; 1993, No. 93, § 2; 1993, No. 227 (Adj. Sess.), § 14; 1999, No. 75 (Adj. Sess.), § 1; 2015, No. 78 (Adj. Sess.), § 1; 2017, No. 113 (Adj. Sess.), § 2; 2019, No. 144 (Adj. Sess.), § 19; 2025, No. 18, § 9, eff. May 13, 2025.)
(a) The term “merit system” means the system developed to maintain an efficient career service in State government under public rules, which, among other provisions, includes appointment through competitive examination; nondiscrimination because of race, sex, politics, national origin, or religion; an equitable and adequate compensation plan; tenure, contingent on successful performance; and promotion, contingent on evaluated capacity and service.
(b) Merit system principles are:
(1) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;
(2) [Repealed.]
(3) training employees, as needed, to ensure high-quality performance;
(4) retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected;
(5) assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and
(6) assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official position for the purpose of interfering with or affecting the result of an election or a nomination for office.
(c) Notwithstanding any other provision of law, rules, regulations, or agreements whenever federal requirements are applicable to programs as a condition for receipt of federal funds or assistance, all agency secretaries, department heads, division heads, and other State officers, with the approval of the Governor or of the person as the Governor may designate, are authorized to take such action as is necessary to ensure that all personnel practices in those programs are in accordance with federal laws, regulations, and requirements. This provision shall not be construed to authorize the impairment of the State’s obligations under any contract or agreement, or of the vested rights and remedies of any person.
(Amended 1971, No. 193 (Adj. Sess.), § 4, eff. April 3, 1972; 1977 No. 109, § 33(c), eff. July 3, 1977; 2025, No. 18, § 9, eff. May 13, 2025.)
The cost of operating the plan selected and adopted shall be prorated to each agency on the basis of the number of employees in each agency.
All officers and employees of the State shall allow the department the reasonable use of public buildings under their control, and furnish heat, light, and furniture, for any examination, hearing, or investigation authorized by this chapter.
(Amended 1959, No. 331 (Adj. Sess.), § 6, eff. Feb. 9, 1960.)
All officers and employees of the State shall comply with the provisions of this chapter and lawful rules and orders of the Commissioner of Human Resources. The Commissioner of Human Resources, with the approval of the Governor, may institute and maintain any action or proceeding to secure compliance with the provisions of this chapter and lawful rules and orders.
(Amended 1959, No. 331 (Adj. Sess.), § 7, eff. Feb. 9, 1960; 1981, No. 249 (Adj. Sess.), § 25, eff. July 4, 1982; 2003, No. 156 (Adj. Sess.), § 15; 2025, No. 18, § 9, eff. May 13, 2025.)
The records of the Department, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable rules as to the time and manner of inspection as may be prescribed by the Commissioner.
(Amended 1959, No. 331 (Adj. Sess.), § 8, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15; 2025, No. 18, § 9, eff. May 13, 2025.)
The Commissioner shall have the power to administer oaths, subpoena witnesses, and order the production of books and papers pertinent to any investigation or hearing authorized by this chapter.
(Amended 1959, No. 331 (Adj. Sess.), § 9, eff. Feb. 9, 1960; 1969, No. 113, § 5; 1981, No. 249 (Adj. Sess.), § 26, eff. July 4, 1982.)
(a) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provision of this chapter or in any manner commit any fraud preventing the impartial execution of this chapter and the rules.
(b) No employee of the Department, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examination, eligibility, certification, or appointment under this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.
(c) Any person who wilfully violates any provision of this section shall be guilty of misdemeanor and upon conviction shall be fined not to exceed $100.00 or imprisoned for not to exceed 60 days, or both.
[Repealed]
1959, No. 262, § 37, eff. June 11, 1959.
[Repealed]
1969, No. 113, § 7.
All officers and employees of the State who act in a supervisory capacity shall at least annually complete service rating forms for each classified employee under their immediate supervision in accordance with the service rating procedures established by the Commissioner of Human Resources. One copy of the rating form shall be provided to the employee and one copy shall be retained by the agency.
(Added 1959, No. 331 (Adj. Sess.), § 13, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15.)
As used in this chapter, unless the context clearly requires otherwise:
(1) “Accountability” means the degree to which the holder of a position is accountable for the end results of his or her job performance.
(2) “Bona fide emergency” means an unanticipated need for short-term staffing:
(A) to prevent significant disruption to the continued operation of State government;
(B) to avoid serious or imminent harm to the public, critical services, or other staff; or
(C) to avoid jeopardizing public safety.
(3) “Class” means one or more positions sufficiently similar in nature, scope, and accountability that the same title, test of fitness, and schedule of compensation may be applied to each position.
(4) “Job evaluation” means the systematic method used to determine the value of each job in relation to other jobs within the State service.
(5) “Seasonal employment” means employment in a temporary position with a specific start date and anticipated end date for a period of not more than seven months in any 12-month period or employment in a temporary position with a specific start date and anticipated end date for a period of more than seven months that has been approved by the Commissioner of Human Resources pursuant to subdivision 331(c)(3) of this chapter. Seasonal employment includes employment in temporary positions that are available on a reoccurring basis from year to year.
(Added 1971, No. 191 (Adj. Sess.), § 4; amended 2019, No. 58, § 2.)
[Repealed]
1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.
[Repealed]
1977, No. 109, § 33(a), eff. July 1, 1978.
[Repealed]
1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.
(a) When a vacancy in the classified service occurs, the appointing officer shall make a diligent effort to recruit an employee from within the classified service to fill the vacancy.
(b) Any position which has been vacant for a period of six months shall be eliminated unless the Secretary of Administration determines that the position is essential and has remained vacant because of specific professional qualifications.
(Added 1975, No. 196 (Adj. Sess.), § 9; amended 1977, No. 109, § 24, eff. July 3, 1977.)
[Repealed]
1997, No. 59, § 6, eff. June 30, 1997.
Original probationary and temporary employees at the minimum of their pay grades shall be adjusted to the new minimum rate, effective with the adjustment of pay grade minimum.
(Added 1989, No. 67, § 17.)
(a) A Vermont Internship Program is created:
(1) to attract persons to train for and then serve State government in occupations where the State anticipates difficulty attracting or retaining qualified employees;
(2) to provide an enriched experience designed to bring trainees to full class performance levels in a logical and systematic manner;
(3) to support equal employment opportunity; and
(4) to provide upward mobility, lateral movement, or other opportunities for current employees who have demonstrated high potential.
(b) Position authorization.
(1) [Expired.]
(2) The positions may be created in response to real or anticipated recruitment and retention difficulties or in instances where the Commissioner has determined the State’s needs for individuals to serve in a certain position will best be met through the Vermont Internship Program.
(3) Each position authorized by the Commissioner shall be established for a specific period of time not to exceed five years. In accordance with the approved plan, or where the Commissioner deems it appropriate, Vermont Internship Program positions shall revert to the Commissioner for reallocation.
(4) Departments or agencies shall use existing monetary resources to fund the positions created under this section.
(5) Requests for positions under the Vermont Internship Program shall be in a form and following procedures prescribed by the Commissioner. All requests shall certify that all reasonable efforts shall be made to ensure a vacant position will be available to each Vermont Internship Program participant upon completion of the program.
(c) Eligibility.
(1) Any person shall be eligible to compete for participation in the Vermont Internship Program.
(2) Outreach efforts shall be extended appropriately to ensure that all segments of the qualified populace are informed about opportunities to apply and compete for these vacancies on the basis of merit.
(d) Selection and retention.
(1) Departments and agencies have final responsibility for selection of Vermont Internship Program candidates using criteria and procedures to be issued by the Department of Human Resources.
(2) Departments shall make a diligent effort to select Vermont internship participants from among applicants who are State employees.
(3) A Vermont Internship Program employee must maintain a satisfactory performance rating at all times for job-training activities, must receive at least a grade of C (or its equivalent) in classes taken as part of the Vermont Internship Program plan, and, if enrolled in any degree program, must maintain minimum requirements by the educational institution.
(e) Development of candidates.
(1) All Vermont Internship Program members shall have individual development plans approved by the Commissioner of Human Resources.
(2) The actual developmental systems used, whether job rotation, special projects, details, or progressively more difficult tasks, education, and training, shall form part of the individual development plans.
(3) The department or agency making use of a Vermont Internship Program shall conduct regular reviews of performance and progression of capabilities and shall submit written documentation of this on a form and using procedures provided for by the Commissioner of Human Resources.
(f) Rights of Vermont Internship Program members.
(1) Vermont Internship Program participants shall be deemed to be classified State employees in their initial probationary period for the entire period of their participation, and continuation of one’s training in Vermont Internship Programs shall be in the discretion of the appointing authority. They shall be paid the minimum rate for comparable positions in the classified service, unless otherwise authorized by the Commissioner of Human Resources.
(2) Vermont Internship Program participants shall agree to work in a State position consistent with the approved plan after completion of the planned Vermont internship for a period of time equal to the length of Vermont Internship Program participation. Any Vermont Internship Program member who does not satisfy this requirement shall reimburse the State for all tuition, fees, and expenses paid by the State in connection with Vermont Internship Program participation, including salary paid during periods of paid educational leave, unless waived by the Commissioner of Human Resources.
(3) Unless authorized by the approved plan, Vermont Internship Program participants shall participate in on-the-job training of at least 20 hours per week. They are eligible for State classified medical and life insurance plans as well as leave benefits in the same manner and to the same extent as State employees working similar schedules.
(4) Upon satisfactory completion of the Vermont Internship Program, the participants shall be eligible for noncompetitive appointment to a vacant position consistent with the approved plan, which shall be made available by the participating department unless waived by the Commissioner of Human Resources.
(5) Notwithstanding any provision to the contrary in sections 455 et seq. of this title, upon completion of a State employment commitment described in subdivision (2) of this subsection, such employee shall receive State employment retirement credit for all Vermont Internship Program time.
(6) A classified State employee who accepts an appointment to the Vermont Internship Program shall be entitled to a leave of absence in the same manner and to the same extent as if he or she had accepted appointment to an exempt position in State government.
(7) Vermont Internship Program members aggrieved under this section shall have right of appeal to the Commissioner of Human Resources who shall decide.
(8) Nothing provided for in this section shall be construed to be inconsistent with or in violation of section 310 or 312 of this title.
(Added 1989, No. 80, § 1; amended 1989, No. 277 (Adj. Sess.), § 13; 2003, No. 156 (Adj. Sess.), § 15; 2025, No. 18, § 9, eff. May 13, 2025.)
(a) The State shall not employ any person in a temporary capacity except in accordance with the provisions of this section.
(b)(1) On request of the appointing authority, the Commissioner of Human Resources may approve, in writing, the creation of a temporary position and the hiring of a person to fill such temporary position only if the position and person are needed:
(A) to meet a seasonal employment need of State government;
(B) to respond to a bona fide emergency;
(C) to fill in for the temporary absence of an existing employee, or a vacancy in an existing position; or
(D) to perform a governmental function that requires only intermittent, sporadic, or ongoing employment, provided that such employment does not exceed 1,280 work hours in any one calendar year.
(2)(A) Except as provided in subdivision (1) of this subsection (b), the Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if the governmental function is ongoing and continuing.
(B) The Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if approval is intended to circumvent, or has the effect of circumventing, the policies and purposes of the classified service under this chapter.
(c)(1) The Commissioner may authorize the continued employment of a person in a temporary capacity for more than 1,280 hours in any one calendar year if the Commissioner determines, in writing, that a bona fide emergency exists for the appointing authority that requires such continued employment.
(2) It shall be the responsibility of the head of each department to provide to the Department of Human Resources a detailed justification for each waiver to exceed the 1,280-work-hour limit within his or her department and such other information as may be required in order to enable that department to carry out its responsibility under this section.
(3) The Commissioner may authorize seasonal employment in a specific position for a period of between seven and 12 months if the Commissioner determines, in writing, that the nature and duties of the position require the employment of a person for a period of more than seven months in a 12-month period. The Commissioner shall not authorize seasonal employment for a period of more than seven months in a 12-month period if the authorization is intended to circumvent, or has the effect of circumventing, the policies and purposes of the classified service under this chapter. Annually, on or before January 15, the Commissioner shall submit a report to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations:
(A) the total number of positions in seasonal employment that have been authorized for a period of between seven and 12 months during the prior calendar year;
(B) the agency or department that each position identified in subdivision (A) of this subdivision (3) is assigned to; and
(C) the period of time that each identified position is authorized for.
(d) The Commissioner may transfer and convert existing, vacant positions in the Executive Branch of State government to replace the temporary positions of long-term temporary employees who are performing ongoing and continuing functions of State government for more than 1,280 work hours in any one calendar year.
(e) Any party aggrieved by a decision of the Commissioner under this section may request that the Commissioner reconsider his or her decision. Such party may appeal the Commissioner’s reconsideration to the Vermont Labor Relations Board pursuant to the rules of the Board. Within 90 days of the filing of an appeal, the Board shall determine if the Commissioner of Human Resources abused his or her discretion under this section. If the Board determines that there has been an abuse of discretion, the Board shall remand the decision back to the Commissioner and order that corrective action be taken within 90 days of the Board’s order. The Commissioner, in his or her sole discretion, may replace the temporary employee with a permanent position, or eliminate the temporary position and grant reemployment rights if those rights would have been provided to a classified employee under the relevant collective bargaining agreement.
(f) An individual employed in a temporary or seasonal capacity shall be entitled to the whistleblower protections, rights, and remedies provided to State employees pursuant to sections 971-978 of this title.
(Added 1993, No. 93, § 3; amended 1999, No. 145 (Adj. Sess.), § 2; 2003, No. 156 (Adj. Sess.), § 15; 2013, No. 163 (Adj. Sess.), § 1; 2017, No. 154 (Adj. Sess.), § 7, eff. May 21, 2018; 2019, No. 58, § 3; 2019, No. 58, § 10, eff. July 1, 2024.)
The Commissioner of Human Resources is authorized to provide human resource development services, and access to human resource development equipment and facilities:
(1) for State government entities and nonstate entities provided that the human resource development needs of State entities shall take precedence over those of nonstate entities;
(2) under a schedule whereby the participants are charged reasonable fees based on the cost of providing the service and access to the equipment and facilities;
(3) any fees so charged may contain a surcharge for nonstate entities; and
(4) all fees collected under this section shall be credited to the Human Resource Development Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset and enhance the provision of human resource development.
(Added 1995, No. 186 (Adj. Sess.), § 26, eff. May 22, 1996; 2003, No. 156 (Adj. Sess.), § 15.)
(a) The Commissioner of Human Resources is authorized to develop programs and take measures to increase the quantity of qualified applicants applying for employment by the State.
(b) Appropriate activities include: the placement of advertisements for recruitment of open and continuous recruitment positions, both within and outside the classified service, for all State government entities; listing of positions with governmental and private entities that maintain job listings; and attendance at job and recruitment fairs.
(c) The Commissioner is authorized to charge other governmental entities for the costs associated with furnishing the services described in this section. All fees collected under this section shall be credited to the Human Resource Recruitment Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset the cost of and enhance the provision of human resource recruitment services.
(Added 2001, No. 11, § 54, eff. April 25, 2001; amended 2003, No. 156 (Adj. Sess.), § 15.)
As used in this chapter:
(1) “Agency” means any agency, board, department, commission, committee, or authority of the Executive Branch of State government.
(2) “Personal services contract” means a contract for services that is categorized as personal services in accordance with procedures developed by the Secretary of Administration and is consistent with subdivisions 342(1), (2), and (3) of this title.
(3) “Privatization contract” means a contract for services valued at $25,000.00 or more per year, which is the same or substantially similar to and in lieu of services previously provided, in whole or in part, by permanent, classified State employees, and which results in a reduction in force of at least one permanent, classified employee, or the elimination of a vacant position of an employee covered by a collective bargaining agreement.
(4) “Contract for services” means an agreement or combination or series of agreements by which an entity or individual agrees with an agency to provide services as a contractor, rather than as an employee.
(Added 1999, No. 75 (Adj. Sess.), § 2; amended 2009, No. 54, § 107, eff. June 1, 2009; 2015, No. 78 (Adj. Sess.), § 2.)
Each contract for services valued at $25,000.00 or more per year shall require certification by the Office of the Attorney General to the Secretary of Administration that such contract for services is not contrary to the spirit and intent of the classification plan and merit system and standards of this title. A contract for services is contrary to the spirit and intent of the classification plan and merit system and standards of this title, and shall not be certified by the Office of the Attorney General as provided in this section, unless the provisions of subdivisions (1), (2), and (3) of this section are met, or one or more of the exceptions described in subdivision (4) of this section apply.
(1) The agency will not exercise supervision over the daily activities or methods and means by which the contractor provides services other than supervision necessary to ensure that the contractor meets performance expectations and standards; and
(2) The services provided are not the same as those provided by classified State employees within the agency; and
(3) The contractor customarily engages in an independently established trade, occupation, profession, or business; or
(4) Any of the following apply:
(A) The services are not available within the agency or are of such a highly specialized or technical nature that the necessary knowledge, skills, or expertise is not available within the agency.
(B) The services are incidental to a contract for purchase or lease of real or personal property.
(C) There is a demonstrated need for an independent audit, review, or investigation; or independent management of a facility is needed as a result of, or in response to, an emergency such as licensure loss or criminal activity.
(D) The State is not able to provide equipment, materials, facilities, or support services in the location where the services are to be performed in a cost-effective manner.
(E) The contract is for professional services, such as legal, engineering, or architectural services, that are typically rendered on a case-by-case or project-by-project basis, and the services are for a period limited to the duration of the project, normally not to exceed two years or provided on an intermittent basis for the duration of the contract.
(F) The need for services is urgent, temporary, or occasional, such that the time necessary to hire and train employees would render obtaining the services from State employees imprudent. Such contract shall be limited to 90 days’ duration, with any extension subject to review and approval by the Secretary of Administration.
(G) Contracts for the type of services covered by the contract are specifically authorized by law.
(H) Efforts to recruit State employees to perform work, authorized by law, have failed in that no applicant meeting the minimum qualifications has applied for the job.
(I) The cost of obtaining the services by contract is lower than the cost of obtaining the same services by utilizing State employees. When comparing costs, the provisions of section 343 of this title shall apply.
(Added 1999, No. 75 (Adj. Sess.), § 2; amended 2015, No. 78 (Adj. Sess.), § 3.)
(a) An agency shall not enter into a privatization contract, unless all of the following are satisfied:
(1) Thirty-five days prior to the beginning of any open bidding process, the agency provides written notice to the collective bargaining representative of the intent to seek to enter a privatization contract. During those 35 days, the collective bargaining representative shall have the opportunity to discuss alternatives to contracting. Such alternatives may include amendments to the contract if mutually agreed upon by the parties. Notices regarding the bid opportunity may not be issued during the 35-day discussion period. The continuation of discussions beyond the end of the 35-day period shall not delay the issuance of notices.
(2) The proposed contract is projected to result in overall cost savings to the State of at least 10 percent above the projected cost of having the services provided by classified State employees.
(3) When comparing the cost of having a service provided by classified State employees to the cost of having the service provided by a contractor:
(A) The expected costs of having services provided by classified State employees and obtaining the service through a contractor should be compared over the life of the contract. One-time costs associated with having services provided by a contractor rather than classified State employees, such as the expected cost of leave pay-outs for separating employees, unemployment compensation, and the cost of meeting the State’s obligation, if any, to continue health insurance benefits, shall be spread over the expected life of the contract.
(B) The basic cost of services by a contractor includes:
(i) the bid price or maximum acceptable bid identified by the contracting authority; and
(ii) any additional costs to be incurred by the agency for inspection, facilities, reimbursable expenses, supervision, training, and materials, but only to the extent that these costs exceed the costs the agency could expect to incur for inspection, facilities, reimbursable expenses, and materials if the services were provided by classified State employees.
(C) The basic cost for services provided by a classified State employee includes:
(i) wages, benefits, and training;
(ii) the cost of supervision and facilities, but only to the extent that these costs exceed the costs the agency could expect to incur for supervision or facilities if the services were provided by a contractor; and
(iii) the estimated cost of obtaining goods when the comparison is with the cost of a contract that includes both goods and services.
(D) Possible reductions in the cost of obtaining services from classified State employees that require concessions shall not be considered unless proposed in writing by the certified collective bargaining agent and mutually agreed to by the State and collective bargaining agent.
(b)(1) A privatization contract shall contain specific performance measures regarding quantity, quality, and results and guarantees regarding the services performed.
(2) The agency shall provide information in the State’s Workforce Report on the contractor’s compliance with the specific performance measures set out in the contract.
(3) The agency may not renew the contract if the contractor fails to comply with the specific performance measures set out in the contract as required by subdivision (1) of this subsection.
(c)(1) Before an agency may renew a privatization contract for the first time, the Auditor of Accounts shall review the privatization contract analyzing whether it is achieving:
(A) the 10 percent cost-savings requirement set forth in subdivision (a)(2) of this section;
(B) the performance measures incorporated into the contract as required under subdivision (b)(1) of this section.
(2) If the Auditor of Accounts finds that a privatization contract has not achieved the cost savings required under subdivision (a)(2) of this section or complied with performance measures required under subdivision (b)(1) of this section, the Auditor of Accounts shall file a report with the agency and the House and Senate Committees on Government Operations, and the agency shall review whether to renew the privatization contract or perform the work with State employees.
(Added 1999, No. 75 (Adj. Sess.), § 2; amended 2017, No. 174 (Adj. Sess.), § 1, eff. May 25, 2018.)
(a) The Secretary of Administration shall maintain a database with information about contracts for services, including approved privatization contracts and approved personal services contracts. The Secretary shall also maintain a database with information about privatization contracts that are rejected because they fail to qualify under subdivision 343(2) of this title. Contracts maintained in the database shall be public record to the extent provided under 1 V.S.A. chapter 5 and shall be located at the agency of origin, including information about names of contractors, summaries of work to be performed, costs, and duration.
(b) The information on contracts maintained in the database shall be reported to the General Assembly in the annual workforce report required under subdivision 309(a)(19) of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
(Added 1999, No. 75 (Adj. Sess.), § 2; amended 2013, No. 142 (Adj. Sess.), § 7; 2015, No. 78 (Adj. Sess.), § 4.)
(a) Notwithstanding any other provision of law, an agency may not enter into a contract for goods with a contractor who does not provide written certification of compliance with the equal pay provisions of 21 V.S.A. § 495(a)(7).
(b) A contractor subject to this section shall maintain and make available its books and records at reasonable times and upon notice to the contracting agency and the Attorney General so that either may determine whether the contractor is in compliance with this section.
(Added 2013, No. 31, § 3.)
(a) The Secretary of Administration shall include in Administrative Bulletin 3.5 a policy direction applicable to State procurement contracts that include services for the development of software applications, computer coding, or other intellectual property, which would allow the State of Vermont to grant permission to the contractor to use or own the intellectual property created under the contract for the contractor’s commercial purposes.
(b) The Secretary may recommend contract provisions that authorize the State to negotiate with a contractor to secure license terms and license fees, royalty rights, or other payment mechanism for the contractor’s commercial use of intellectual property developed under a State contract.
(c) If the Secretary authorizes a contractor to own intellectual property developed under a State contract, the Secretary may recommend language to ensure the State retains a perpetual, irrevocable, royalty-free, and fully paid right to continue to use the intellectual property including escrow for perpetual use at least annually.
(Added 2013, No. 199 (Adj. Sess.), § 18; amended 2019, No. 49, § 2, eff. June 10, 2019.)
The Secretary of Administration shall include in the terms and conditions of sole source contracts a self-certification of compliance with the contractor contribution restrictions set forth in 17 V.S.A. § 2950.
(Added 2017, No. 79, § 4a, eff. Dec. 16, 2018.)
(a) The Secretary of Administration shall develop a process by which an internet service provider may certify that it is in compliance with the consumer protection and net neutrality standards established in subsection (b) of this section.
(b) A certificate of net neutrality compliance shall be granted to an internet service provider that demonstrates and the Secretary finds that the internet service provider, insofar as the provider is engaged in the provision of broadband internet access service:
(1) Does not engage in any of the following practices in Vermont:
(A) Blocking lawful content, applications, services, or nonharmful devices, subject to reasonable network management.
(B) Impairing or degrading lawful internet traffic on the basis of internet content, application, or service or the use of a nonharmful device, subject to reasonable network management.
(C) Engaging in paid prioritization, unless this prohibition is waived pursuant to subsection (c) of this section.
(D) Unreasonably interfering with or unreasonably disadvantaging either a customer’s ability to select, access, and use broadband internet access service or lawful internet content, applications, services, or devices of the customer’s choice or an edge provider’s ability to make lawful content, applications, services, or devices available to a customer. Reasonable network management shall not be considered a violation of this prohibition.
(E) Engaging in deceptive or misleading marketing practices that misrepresent the treatment of internet traffic or content to its customers.
(2) Publicly discloses to consumers accurate information regarding the network management practices, performance, and commercial terms of its broadband internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain internet offerings.
(c) The Secretary may waive the ban on paid prioritization under subdivision (b)(1)(C) of this section only if the internet service provider demonstrates and the Secretary finds that the practice would provide some significant public interest benefit and would not harm the open nature of the internet in Vermont.
(d) As used in this section:
(1) “Broadband internet access service” means a mass-market retail service by wire or radio in Vermont that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. The term also encompasses any service in Vermont that the Secretary finds to be providing a functional equivalent of the service described in this subdivision, or that is used to evade the protections established in this chapter.
(2) “Edge provider” means any person in Vermont that provides any content, application, or service over the internet and any person in Vermont that provides a device used for accessing any content, application, or service over the internet.
(3) “Internet service provider” or “provider” means a business that provides broadband internet access service to any person in Vermont.
(4) “Paid prioritization” means the management of an internet service provider’s network to favor directly or indirectly some traffic over other traffic, including through the use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either in exchange for consideration, monetary or otherwise, from a third party or to benefit an affiliated entity, or both.
(5) “Reasonable network management” means a practice that has a primarily technical network management justification but does not include other business practices and that is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service.
(e) The terms and definitions of this section shall be interpreted broadly and any exceptions interpreted narrowly, using relevant Federal Communications Commission orders, advisory opinions, rulings, and regulations as persuasive guidance.
(Added 2017, No. 169 (Adj. Sess.), § 2.)
The Secretary of Administration shall include in Administrative Bulletin 3.5 a requirement that State procurement contracts for broadband internet access service, as defined in subdivision 348(d)(1) of this title, 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 section 348 of this title.
(Added 2017, No. 169 (Adj. Sess.), § 3.)
[Repealed]
1971, No. 231 (Adj. Sess.), § 5.
[Repealed]
1971, No. 231 (Adj. Sess.), § 5.
[Repealed]
1971, No. 231 (Adj. Sess.), § 5.
(a) As used in this subchapter:
(1) “Accumulated contributions” shall mean the sum of all the amounts deducted from the compensation of a member together with any amount transferred to the account of the member established pursuant to this system from the respective account of said member under one or both of the predecessor systems, with interest thereon, as provided in section 473 of this title.
(2) “Actuarial equivalent” shall mean a benefit of equal value under the actuarial assumptions last adopted by the Retirement Board under subsection 472a(h) of this title.
(3) “Annuity” shall mean annual payments for life derived from the accumulated contributions of a member.
(4) “Average final compensation” shall mean:
(A) For a Group A, Group F, or Group G member, the average annual earnable compensation of a member during the three consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest average, or during all of the years of creditable service if fewer than three years. If the member’s highest three years of earnable compensation are the three years prior to separation of service and the member separates prior to the end of a fiscal year, average final compensation shall be determined by adding:
(i) The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.
(ii) The earnable compensation and service credit earned in the preceding two fiscal years.
(iii) The remaining service credit that is needed to complete the three full years, which shall be factored from the fiscal year preceding the two fiscal years described in subdivision (ii) of this subdivision (A). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
(B) For a Group C member, the average annual earnable compensation of a member during the two consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest such average, or during all of the years in the member’s creditable service if fewer than two years. If the member’s highest two years of earnable compensation are the two years prior to separation of service and the member separates prior to the end of a fiscal year, average final compensation shall be determined by adding:
(i) The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.
(ii) The earnable compensation and service credit earned in the preceding fiscal year.
(iii) The remaining service credit that is needed to complete the two full years, which shall be factored from the fiscal year preceding the fiscal year described in subdivision (ii) of this subdivision (B). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
(C) For purposes of determining average final compensation for Group A or Group C members, a member who has accumulated unused sick leave at retirement shall be deemed to have worked the full normal working time for the member’s position for 50 percent of such leave, at the member’s full rate of compensation in effect at the date of the member’s retirement. For purposes of determining average final compensation for Group F or Group G members, unused annual or sick leave, termination bonuses, and any other compensation for service not actually performed shall be excluded. The average final compensation for a State’s Attorney and the Defender General shall be determined by the State’s Attorney’s or the Defender General’s highest annual compensation earned during the member’s creditable service.
(D) For purposes of determining average final compensation for a member who has accrued service in more than one group plan within the System, the highest consecutive years of earnings shall be based on the formulas set forth in subdivision (A) or (B) of this subdivision (4) using the earnable compensation received while a member of the System.
(E) For Group A, C, F, or G members who retire on or after July 1, 2012, an increase in compensable hours in any year used to calculate average final compensation that exceeds 120 percent of average compensable hours shall be excluded from that year when calculating average final compensation.
(F) For a Group D member:
(i) Who retires on or before June 30, 2022, the member’s final salary.
(ii) Who retires on or after July 1, 2022, but who, on or before June 30, 2022, has five years or more of service as a Supreme Court Justice, a Superior judge, an Environmental judge, a District judge, or a Probate judge, or any combination thereof, and has attained 57 years of age or older, or is a Group D member on or before June 30, 2022 and has 15 years or more of creditable service, the member’s final salary.
(iii) Who retires on or after July 1, 2022 and who does not meet the requirements set forth in subdivisions (i) and (ii) of this subdivision (F), the average annual earnable compensation of a member during the two consecutive fiscal years beginning on July 1 and ending on June 30 of creditable service affording the highest such average, or during all of the years in the member’s creditable service if fewer than two years. If the member separates prior to the end of a fiscal year, average final compensation shall be determined by adding:
(I) The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.
(II) The earnable compensation and service credit earned in the preceding fiscal year.
(III) The remaining service credit that is needed to complete the two full years, which shall be factored from the fiscal year preceding the fiscal year described in subdivision (II) of this subdivision (F)(iii). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
(5) “Beneficiary” shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this subchapter.
(6) “Creditable service” shall mean service for which credit is allowed under section 458 of this title, plus service transferred under section 495 of this title.
(7) “Department” shall mean any department, institution, or agency of this State government.
(8) “Earnable compensation” shall mean the full rate of compensation that would be payable to an employee if the employee worked the full normal working time for the employee’s position. In cases where compensation includes maintenance, the Retirement Board shall fix the value of that part of the compensation not paid in money.
(9) “Employee” shall mean:
(A) Any regular officer or employee of the Vermont Historical Society or a department other than a person included under subdivision (B) of this subdivision (9), who is employed for not less than 40 calendar weeks in a year. “Employee” includes deputy State’s Attorneys, victim advocates employed by a State’s Attorney pursuant to 13 V.S.A. § 5306, secretaries employed by a State’s Attorney pursuant to 32 V.S.A. § 1185, and other positions created within the State’s Attorneys’ offices that meet the eligibility requirements for membership in the Retirement System.
(B) Any regular officer or employee of the Department of Public Safety assigned to police and law enforcement duties, including the Commissioner of Public Safety appointed before July 1, 2001; but, irrespective of the member’s classification, shall not include any member of the General Assembly as such, any person who is covered by the Vermont Teachers’ Retirement System, any person engaged under retainer or special agreement or Group C beneficiary employed by the Department of Public Safety for not more than 208 hours per year, or any person whose principal source of income is other than State employment. In all cases of doubt, the Retirement Board shall determine whether any person is an employee as defined in this subchapter. Also included under this subdivision (B) are employees of the Department of Liquor and Lottery who exercise law enforcement powers, employees of the Department of Fish and Wildlife assigned to law enforcement duties, motor vehicle inspectors, full-time deputy sheriffs compensated by the State of Vermont whose primary function is transports, full-time members of the Capitol Police force, investigators employed by the Criminal Division of the Office of the Attorney General, Department of State’s Attorneys, Department of Health, or Office of the Secretary of State, who have attained Level III law enforcement officer certification from the Vermont Criminal Justice Council, who are required to perform law enforcement duties as the primary function of their employment, and who may be subject to mandatory retirement permissible under 29 U.S.C. § 623(j), who are first included in membership of the system on or after July 1, 2000. Also included under this subdivision (B) are full-time firefighters employed by the State of Vermont and the Defender General.
(10) “Medical Board” shall mean the board of physicians provided for in section 471 of this title.
(11) “Member” means any employee included in the membership of the Retirement System under section 457 of this title.
(A) “Group A members” means employees classified under subdivision (9)(A) of this subsection (a).
(B) [Repealed.]
(C) “Group C members” means employees classified under subdivision (9)(B) of this subsection (a) who become members as of the date of establishment, any person who is first included in the membership of the System on or after July 1, 1998, any person who was a Group B member on June 30, 1998, who was in service on that date, and any person who was a Group B member on June 30, 1998, who was absent from service on that date who returns to service on or after July 1, 1998.
(D) “Group D members” means Justices of the Supreme Court, Superior judges, district judges, environmental judges, and probate judges.
(E) “Group F member” means any person who is first included in the membership of the System on or after January 1, 1991, any person who was a Group E member on December 31, 1990, who was in service on that date, and any person who was a Group E member on December 31, 1990, who was absent from service on that date who returns to service on or after January 1, 1991.
(F) “Group G member” means:
(i) the following employees who are first employed in the positions listed in this subdivision (F)(i) on or after July 1, 2023, or who are members of the System as of June 30, 2022 and make an irrevocable election to prospectively join Group G on or before June 30, 2023, pursuant to the terms set by the Board: facility employees of the Department of Corrections, as Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, employees of a facility for justice-involved youth, and employees of the Vermont Psychiatric Care Hospital or its successor in interest, who provide direct patient care; and
(ii) the following employees who are first employed in the positions listed in this subdivision (F)(ii) or first included in the membership of the System on or after January 1, 2025, or who are members of the System as of December 31, 2024 and make an irrevocable election to join Group G on or before December 31, 2024, pursuant to the terms set by the Board:
(I) all sheriffs; and
(II) deputy sheriffs who:
(aa) are employed by county sheriff’s departments that participate in the Vermont Employees’ Retirement System;
(bb) have attained Level II or Level III law enforcement officer certification from the Vermont Criminal Justice Council;
(cc) are required to perform law enforcement duties as the primary function of their employment; and
(dd) are not full-time deputy sheriffs compensated by the State of Vermont whose primary function is transports as defined in 24 V.S.A. § 290(b) and eligible for Group C pursuant to subdivision (9)(B) of this subsection (a).
(12) “Membership service” means service rendered while a member of the Retirement System.
(13) “Normal retirement date” means:
(A) with respect to a Group A member, the first day of the calendar month next following (i) attainment of 65 years of age, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or (ii) attainment of age 62 and completion of 20 years of creditable service, whichever is earlier;
(B) with respect to a Group C member, the first day of the calendar month next following attainment of 55 years of age, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or completion of 30 years of service, whichever is earlier;
(C) with respect to a Group D member:
(i) for those members first appointed or elected on or before June 30, 2022, the first day of the calendar month next following attainment of 62 years of age and completion of five years of creditable service; or
(ii) for those members first appointed or elected on or after July 1, 2022, the first day of the calendar month next following attainment of 65 years of age and completion of five years of creditable service; and
(D) with respect to a Group F member, the first day of the calendar month next following attainment of 62 years of age, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or completion of 30 years of creditable service, whichever is earlier; and with respect to a Group F member first included in the membership of the system on or after July 1, 2008, the first day of the calendar month next following attainment of 65 years of age and following completion of five years of creditable service, or attainment of 87 points reflecting a combination of the age of the member and number of years of service, whichever is earlier.
(E) with respect to a Group G member:
(i) for facility employees of the Department of Corrections, Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, employees of a facility for justice-involved youth, or employees of the Vermont Psychiatric Care Hospital or its predecessor or successor in interest, who provide direct patient care, who were first included in the membership of the System on or before June 30, 2008, who were employed as of June 30, 2022, and who made an irrevocable election to prospectively join Group G on or before July 1, 2023, pursuant to the terms set by the Board, the first day of the calendar month next following the earlier of:
(I) 62 years of age and following completion of five years of creditable service;
(II) completion of 30 years of creditable service; or
(III) 55 years of age and following completion of 20 years of creditable service;
(ii) for facility employees of the Department of Corrections, Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, as employees of a facility for justice-involved youth, or employees of the Vermont Psychiatric Care Hospital or its predecessor or successor in interest, who provide direct patient care, who were first included in the membership of the System on or after July 1, 2008, who were employed as of June 30, 2022, and who made an irrevocable election to prospectively join Group G on or before July 1, 2023, pursuant to the terms set by the Board, the first day of the calendar month next following the earlier of:
(I) 65 years of age and following completion of five years of creditable service;
(II) attainment of 87 points reflecting a combination of the age of the member and number of years of service; or
(III) 55 years of age and following completion of 20 years of creditable service;
(iii) for facility employees of the Department of Corrections, Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, employees of a facility for justice-involved youth, or employees of the Vermont Psychiatric Care Hospital or its predecessor or successor in interest, who provide direct patient care, who first become a Group G member on or after July 1, 2023, the first day of the calendar month next following the earlier of:
(I) attainment of 55 years of age and following completion of 20 years of creditable service; or
(II) 65 years of age and following completion of five years of creditable service;
(iv) for all sheriffs and those deputy sheriffs who meet the requirements pursuant to subdivision (11)(F)(ii) of this subsection (a), who were first included in the membership of the System on or before June 30, 2008, who were employed as of December 31, 2024, and who made an irrevocable election to prospectively join Group G on or before January 1, 2025, pursuant to the terms set by the Board, the first day of the calendar month next following the earlier of:
(I) 62 years of age and following completion of five years of creditable service;
(II) completion of 30 years of creditable service; or
(III) 55 years of age and following completion of 20 years of creditable service;
(v) for all sheriffs and those deputy sheriffs who meet the requirements pursuant to subdivision (11)(F)(ii) of this subsection (a), who were first included in the membership of the System on or after July 1, 2008, who were employed as of December 31, 2024, and who made an irrevocable election to prospectively join Group G on or before January 1, 2025, pursuant to the terms set by the Board, the first day of the calendar month next following the earlier of:
(I) 65 years of age and following completion of five years of creditable service;
(II) attainment of 87 points reflecting a combination of the age of the member and number of years of service; or
(III) 55 years of age and following completion of 20 years of creditable service; or
(vi) for all sheriffs and those deputy sheriffs who meet the requirements pursuant to subdivision (11)(F)(ii) of this subsection (a), who first become a Group G member after January 1, 2025, the first day of the calendar month next following the earlier of:
(I) attainment of 55 years of age and following completion of 20 years of creditable service; or
(II) 65 years of age and following completion of five years of creditable service.
(14) “Pension” shall mean annual payments for life derived from contributions by the State.
(15) “Predecessor system” shall mean, where applicable, the Vermont Employees’ Retirement System and the Vermont State Police and Motor Vehicle Inspectors’ Retirement System, either one of them, or a combination thereof.
(16) “Prior service” shall mean service rendered prior to the date of membership in the Retirement System for which credit was given under the terms of one or both of the predecessor systems as set forth in section 458 of this title.
(17) “Regular interest” shall mean interest at such rate or rates as may be set from time to time by the Retirement Board in accordance with subsection 472(b) of this title.
(18) “Retirement allowance” or “maximum allowance” shall mean the sum of the annuity and the pension. All retirement allowances shall be payable in equal monthly installments except that when the retirement allowance is less than $20.00 per month it shall be payable on such basis as the Board may direct.
(19) “Retirement Board” or “Board” shall mean the board provided for in section 471 of this title to administer the Retirement System.
(20) “Retirement System” shall mean the Vermont State Retirement System as defined in section 456 of this title.
(21) “Service” shall mean service as an employee for which compensation is paid by the State.
(22) “Social Security benefit” shall mean the amount of the member’s primary insurance benefit or disability insurance benefit under Title II of the Social Security Act and such other benefit or benefits as may be payable on the member’s account under said title, computed on the basis of such act as in effect at the time of retirement and limited to the portion of such benefit or benefits that is attributable to service for which the member receives credit under section 458 of this title, to which a member or other person on his or her account is or would upon proper application be entitled, irrespective of earnings the member or members may be receiving in excess of any limit on earnings for full entitlement to such benefit or benefits.
(23) “Survivor’s insurance benefit” shall mean the amount paid or payable under Title II of the Social Security Act, computed on the basis of such act as in effect at the time of the member’s death and limited to the portion of such amount that is attributable to service for which he or she receives credit under section 458 of this title, to any person or persons on account of the death of a member, even though such amount or any part thereof is not actually received by such person because of his or her failure to make proper application therefor, or because of his or her receipt of earnings that would make him or her ineligible for such benefit.
(24) “Commission” shall mean the Vermont Pension Investment Commission.
(25) “Fund” or “Vermont State Retirement Fund” shall mean the fund created by section 473 of this title, which shall contain the assets of the Retirement System and from which shall be paid the benefits due to beneficiaries and the expenses of the Retirement System.
(26) “Average compensable hours” shall mean average annual compensable hours for a period of five full years immediately preceding the years used to determine average final compensation for any member who terminates his or her position after July 1, 2002. If a member’s compensable hours in any year used to calculate average final compensation exceeds 120 percent of average compensable hours, the compensation for hours worked in excess of 120 percent shall be excluded from average final compensation for that particular year. Average compensable hours form the benchmark to preclude abuses by implementing a 20-percent limit on increases in compensable hours in any year used to calculate average final compensation.
(27) “Compensable hours” shall mean all hours worked during a fiscal year and shall include the following types of paid time: regular hours worked, overtime hours worked, and paid leave.
(28) “Successor in interest” means the mental health hospital owned and operated by the State that provides acute inpatient care and replaces the Vermont State Hospital.
(b) [Repealed.]
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1973, No. 37, § 1; 1977, No. 153 (Adj. Sess.), § 1; 1977, No. 222 (Adj. Sess.), § 3, eff. July 2, 1978; 1981, No. 41, §§ 1-3; 1987, No. 121, § 14; 1989, No. 78, §§ 1, 3, 10; 1989, No. 277 (Adj. Sess.), §§ 17d-17f, eff. Jan. 1, 1991; 1997, No. 68 (Adj. Sess.), § 3, eff. March 1, 1998; 1997, No. 89 (Adj. Sess.), § 2; 1999, No. 158 (Adj. Sess.), § 22; 2001, No. 57, § 1; 2001, No. 116 (Adj. Sess.), § 5, eff. May 28, 2002; 2003, No. 66, § 302a, eff. July 1, 2004; 2003, No. 115 (Adj. Sess.), § 1; 2003, No. 122 (Adj. Sess.), § 297; 2005, No. 50, § 3; 2005, No. 165 (Adj. Sess.), § 1; 2007, No. 13, § 1; 2007, No. 47, § 13; 2007, No. 116 (Adj. Sess.), § 1; 2007, No. 137 (Adj. Sess.), § 1; 2007, No. 146 (Adj. Sess.), § 3; 2009, No. 139 (Adj. Sess.), §§ 1, 2, 13(a); 2011, No. 79 (Adj. Sess.), § 11, eff. April 4, 2012; 2013, No. 22, § 1; 2013, No. 115 (Adj. Sess.), § 1; 2013, No. 141 (Adj. Sess.), § 12, eff. July 1, 2015; 2015, No. 58, § E.203.2; 2015, No. 97 (Adj. Sess.), § 3; 2017, No. 81, § 1, eff. June 15, 2017; 2017, No. 165 (Adj. Sess.), § 1; 2019, No. 73, § 19; 2019, No. 131 (Adj. Sess.), § 1; 2021, No. 114 (Adj. Sess.), § 2, eff. July 1, 2022; 2023, No. 3, § 96, eff. March 20, 2023; 2023, No. 130 (Adj. Sess.), § 1, eff. July 1, 2024.)
The date of establishment of the Retirement System shall be July 1, 1972. The System shall be known as the “Vermont State Retirement System,” and by such name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received.
(Added 1971, No. 231 (Adj. Sess.), § 4.)
(a) Any person who was a member of either of the predecessor systems immediately preceding the date of establishment shall become a member of the Retirement System as of the date of establishment.
(b) Any person who became an employee within the three-year period prior to the date of establishment, but did not become a member of the Vermont Employees’ Retirement System because he or she had not completed three consecutive years of service prior to the date of establishment, shall become a member as a condition of employment upon his or her completion of three consecutive years of service.
(c) Any person who becomes an employee after the date of establishment shall become a member as a condition of employment (1) upon the completion of three consecutive years of service in the case of those employees classified under subdivision 455(a)(9)(A) of this title hired prior to July 1, 1978; and (2) upon employment in the case of those employees classified under subdivision 455(a)(9)(B), and upon employment in the case of those employees classified under subdivision 455(a)(9)(A) hired on or after July 1, 1978 except employees hired in a temporary capacity. No person shall join the system as a Group E member after December 31, 1990.
(d) Should any Group A, C, D, F, or G member who has less than five years of creditable service in any period of five consecutive years after last becoming a member be absent from service more than three years or should the member withdraw the member’s contributions, or become a beneficiary or die, the member shall then cease to be a member. However, the membership of any employee entering such classes of military or naval service of the United States as may be approved by resolution of the Retirement Board shall be continued during such military or naval service if the member does not withdraw his or her contributions, but no such member shall be considered in the service of the State for the purpose of the Retirement System during such military or naval service, except as provided in subsection 458(e) of this title.
(e) For purposes of benefits available under this chapter, former county court employees hired by the counties to court positions on or before June 30, 2008 who became State employees on February 1, 2011 pursuant to 2010 Acts and Resolves No. 154 shall be deemed to have been first included in membership of the system on or before June 30, 2008.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1977, No. 153 (Adj. Sess.), § 2; 1981, No. 41, § 4; 1989, No. 277 (Adj. Sess.), § 17g, eff. Jan. 1, 1991; 1997, No. 89 (Adj. Sess.), § 3; 2011, No. 63, § H.7; 2017, No. 165 (Adj. Sess.), § 2; 2021, No. 114 (Adj. Sess.), § 3, eff. July 1, 2022; 2025, No. 18, § 10, eff. May 13, 2025.)
(a) With respect to service rendered prior to the date of membership, each employee who, pursuant to subsection 457(a) of this title, became a member of the retirement system shall have included as prior service all service credited to the employee as creditable service under the terms of one or both of the predecessor systems, provided the employee’s membership continues unbroken until the employee’s retirement.
(b) All service of a Group A, Group C, Group D, Group F, or Group G member since the member last became a member on account of which contributions are made shall be credited as membership service.
(c) The Retirement Board shall fix and determine by appropriate rules how much service in any year is equivalent to one year of service, but in no case shall it allow credit for a period of absence without pay of more than a month’s duration, except as provided under subsection (e) of this section, nor shall more than one year of service be creditable for all service in one calendar year. Service rendered for the full normal working time in any year shall be equivalent to one year’s service, but in no case shall less than 40 calendar weeks be regarded as full normal working time.
(d) Creditable service of a member shall consist of his or her membership service and the prior service, if any, which is credited to him or her under subsection (a) of this section, plus, in the case of a Group A member hired prior to July 1, 1978, three years and in the case of a Group F member, up to three years of the period served as a State employee prior to 1978 for which the member received no credit, provided that the employee served continuously since 1978 until retirement. Creditable service shall also include service as an exempt employee for any period or periods of less than three years prior to 1978, whether or not continuous.
(e) Credit shall also be granted for any period of absence from service certified by the commissioner of the member’s department, or if the office of the member is not overseen by a commissioner, then the head of the member’s department, due to any class of military service approved by the Retirement Board, provided the employee returns to the service of the State within 90 days after having become discharged or separated from such military service, as if such service had been service as an employee of the State. The earnable compensation of the employee at the time of entering such military service shall be deemed to be the earnable compensation for the period of such service.
(f) Should an employee whose membership is broken again become a member, he or she shall enter the System as a member not entitled to credit for service previously rendered, except as provided in this section or section 463 of this title.
(g) Any member may transfer from a position covered by one group to a position covered by a different group as defined in section 455 of this title and shall be entitled to credit for service rendered in all groups within the System. Benefits shall be based on the accrued value of the credits in the group in which the creditable service was earned and shall be payable according to the provisions of each group, unless the member elects to withdraw his or her contributions in accordance with section 480 of this title. Such benefits shall only be subject to such maximum amounts as are provided for each group and may be combined to exceed 50 percent of average final compensation.
(h) Credit shall also be granted for any period of absence from service in connection with a leave of absence, approved by the commissioner of the member’s department, for professional study. If the office of the member is not overseen by a commissioner, then the head of the member’s department shall have the authority to approve a leave of absence for professional study. In the case of an approved leave of absence for purposes other than for professional study, service credit shall be granted upon a contribution by the member that equals the member’s current contribution rate multiplied by the member’s earnable compensation for the year preceding the leave of absence.
(i) Credit shall also be granted for any period of absence from service in connection with an approved workers’ compensation claim as a result of a work-related injury, provided the employee provides evidence of the period covered by the approved workers’ compensation claim upon return to active service. The earnable compensation of the employee at the time of entering the period of the absence from service resulting from an approved workers’ compensation claim or the wages plus all other wage replacement compensation received while on the approved period of absence, whichever provides for the highest total compensation, shall be deemed to be the earnable compensation for the period of service. The total compensation under this subsection shall not exceed what the earnable compensation would have been had the member not been injured.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1977, No. 153 (Adj. Sess.), § 3; 1981, No. 41, § 5; 1981, No. 108, § 330a; 1985, No. 39, § 1; 1989, No. 78, § 12; 1989, No. 277 (Adj. Sess.), § 17h, eff. Jan. 1, 1991; 1997, No. 68 (Adj. Sess.), § 9, eff. March 1, 1998; 1997, No. 89 (Adj. Sess.), § 4; 1999, No. 158 (Adj. Sess.), § 6; 2001, No. 29, § 1; 2007, No. 13, § 2; 2021, No. 114 (Adj. Sess.), § 4, eff. July 1, 2022; 2025, No. 18, § 10, eff. May 13, 2025.)
(a) Normal retirement.
(1) Group A, Group D, Group F, and Group G members. Any Group A, Group D, Group F, or Group G member who has reached the member’s normal retirement date may retire on a normal retirement allowance on the first day of any month after the member’s separation from service by filing an application in the manner outlined in subdivision (3) of this subsection.
(2) Group C members. Any Group C member who is an officer or employee of the Department of Public Safety assigned to police and law enforcement duties, including the Commissioner of Public Safety appointed before July 1, 2000, and who has reached his or her normal retirement date may retire on a normal retirement allowance, on the first day of any month after the member may have separated from service, by filing an application in the manner outlined in subdivision (3) of this subsection. Any Group C member in service shall be retired on a normal retirement allowance on the first day of the calendar month next following attainment of 57 years of age. Notwithstanding, it is provided that any such member who is an official appointed for a term of years may remain in service until the end of the member’s term of office or any extension thereto, resulting from reappointment.
(3) Where application for a retirement allowance is required, the member shall apply in writing to the Retirement Board not later than 90 days, or longer for cause shown, after the date upon which the retirement allowance is to begin.
(4) [Repealed.]
(b) Normal retirement allowance.
(1) Upon normal retirement, a Group A member shall receive a normal retirement allowance that shall be equal to 50 percent of the member’s average final compensation; provided, however, that if the member has not completed 30 years of creditable service at retirement, or, if earlier, the date of attainment of such age as may be applicable under the provisions of subdivision (a)(4) of this section, the member’s allowance shall be multiplied by the ratio that the number of the member’s years of creditable service at retirement, or such earlier date, bears to 30.
(2)(A) Upon normal retirement, a Group C member shall receive a normal retirement allowance that shall be equal to 50 percent of the member’s average final compensation; provided, however, that if the member has not completed 20 years of creditable service at retirement, or, if earlier, the date of attainment of such age as may be applicable under the provisions of subdivision (a)(4) of this section, the member’s allowance shall be multiplied by the ratio that the number of the member’s years of creditable service at retirement, or such earlier date, bears to 20.
(B) For a Group C member, for each year of service that is completed on or after July 1, 2022 after attaining the later of 50 years of age or completing 20 years of service, a member’s maximum normal retirement allowance shall increase by an amount equal to one and one-half percent of the member’s average final compensation.
(3)(A) Group D members, upon normal retirement, shall receive a normal retirement allowance equal to one and two-thirds percent of the member’s average final compensation times the years of Group D membership service up to 12 years. Group D members shall receive an additional retirement allowance according to years of service as a Supreme Court Justice, a Superior judge, an Environmental judge, a District judge, or a Probate judge, or any combination thereof, as follows:
(i) After 12 years of service, an additional retirement allowance of an amount that, together with the normal service retirement allowance for the first 12 years, will make the total equal to two-fifths of their average final compensation.
(ii) For each year of service in excess of 12 years, an amount equal to three and one-third percent of their average final compensation shall be added to the retirement allowance as computed in subdivision (i) of this subdivision (3)(A). However, at no time shall the total retirement allowance exceed their salary at retirement. In addition to the normal retirement allowance, such additional retirement allowance shall be treated as the normal retirement allowance.
(B) The total retirement allowance for Group D members shall be as follows:
(i) For a Group D member who retires on or before June 30, 2022, the total retirement allowance shall not exceed the member’s salary at retirement.
(ii) For a Group D member who, on or before June 30, 2022, has five years or more of service as a Supreme Court Justice, a Superior judge, an Environmental judge, a District judge, or a Probate judge, or any combination thereof, and has attained 57 years of age or older, or is a Group D member on or before June 30, 2022 and has 15 years or more of creditable service, the total retirement allowance shall not exceed the member’s salary at retirement.
(iii) For a Group D member who retires on or after July 1, 2022, and who does not meet the requirements set forth in subdivision (i) or (ii) of this subdivision (3)(B), the member’s total retirement allowance shall not exceed 80 percent of the member’s average final compensation.
(C) [Repealed.]
(4) [Repealed.]
(5)(A) Until January 1, 1995, upon normal retirement, a Group F member shall receive a normal retirement allowance that shall be equal to 1¼ percent of his or her average final compensation times years of creditable service. On and after January 1, 1995, upon normal retirement, a Group F member shall receive a normal retirement allowance equal to 1¼ percent of the member’s average final compensation times years of membership service prior to January 1, 1991 plus a pension that when added to an annuity shall be equal to 1⅔ percent of the member’s average final compensation times years of membership service on and after January 1, 1991. The maximum retirement allowance shall be 50 percent of average final compensation.
(B) A Group F member first included in the membership of the system on or after July 1, 2008, upon normal retirement, shall receive a normal retirement allowance equal to 1⅔ percent of the member’s average final compensation times years of membership service. The maximum retirement allowance shall be 60 percent of average final compensation.
(6)(A) Upon normal retirement pursuant to subdivisions 455(a)(13)(E)(i), (iii), (iv), and (vi) of this chapter, a Group G member shall receive a normal retirement allowance equal to two and one-half of a percent of the member’s average final compensation times years of membership service in Group G. The maximum retirement allowance shall be 50 percent of average final compensation.
(B) Upon normal retirement pursuant to subdivisions 455(a)(13)(E)(ii) and (v) of this chapter, a Group G member shall receive a normal retirement allowance equal to two and one-half of a percent of the member’s average final compensation times years of membership service in Group G. The maximum retirement allowance shall be 60 percent of average final compensation.
(c) Early retirement.
(1) Group A and Group D members. Any Group A or Group D member who has not reached his or her normal retirement date but who has completed 30 years of creditable service or who has attained age 55 and completed five years of such service may retire on an early retirement allowance.
(2) Group C members. Any Group C member who has not reached his or her normal retirement date but who has attained age 50 and completed 20 years of creditable service may retire on an early retirement allowance.
(3) Group F members. Any Group F member who has not attained age 62 but who has attained age 55 and has completed five years, but less than 30 years, of creditable service may retire on an early retirement allowance.
(4) Group G members. Any Group G member who has attained 55 years of age and has completed five years of creditable service may retire on an early retirement allowance.
(d) Early retirement allowance.
(1) Upon early retirement, a Group A member, except facility employees in the Department of Corrections, shall receive an early retirement allowance that shall be the actuarial equivalent of the normal retirement allowance computed under subsection (b) of this section, based on the average final compensation and years of creditable service at the date of early retirement. However, if a Group A member has completed 30 years of creditable service but has not reached normal retirement date, the early retirement allowance shall be equal to the normal retirement allowance computed under subsection (b) of this section. Group A members who have 20 years of service as facility employees in the Department of Corrections shall receive an early retirement allowance that shall be equal to the normal retirement allowance at age 55 without reduction.
(2)(A) Upon early retirement, a Group F member, except facility employees of the Department of Corrections, Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, and Woodside facility employees, shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by one-half of one percent for each month the member is under age 62 at the time of early retirement. Group F members who have 20 years of service as facility employees of the Department of Corrections, as Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, or as Woodside facility employees, or as Vermont State Hospital employees, or as employees of its successor in interest, who provide direct patient care shall receive an early retirement allowance that shall be equal to the normal retirement allowance at age 55 without reduction, provided the 20 years of service occurred in one or more of the following capacities as an employee of the Department of Corrections, Woodside facility, or the Vermont State Hospital, or its successor in interest: facility employee, community service center employee, or court and reparative service unit employee.
(B) Upon early retirement, a Group F member first included in the membership of the system on or after July 1, 2008, except facility employees of the Department of Corrections and Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, and Woodside facility employees, shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by:
(i) one-eighth of one percent for each month the member is under age 65, provided the member has accrued 35 years of service at the time of early retirement;
(ii) one-quarter of one percent for each month the member is under age 65, provided the member has accrued 30 years of service but less than 35 years of service at the time of early retirement;
(iii) one-third of one percent for each month the member is under age 65, provided the member has accrued 25 years of service but less than 30 years of service at the time of early retirement;
(iv) five-twelfths of one percent for each month the member is under age 65, provided the member has accrued 20 years of service but less than 25 years of service at the time of early retirement;
(v) five-ninths of one percent for each month the member is under age 65, provided the member has accrued less than 20 years of service at the time of early retirement.
(3) Upon early retirement, a Group D member shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by one-quarter of one percent for each month the member is under the member’s normal retirement date at the time of early retirement.
(4)(A) Upon early retirement, a Group G member who was previously a Group F member first included in the membership of the System on or before June 30, 2008, and who elected to transfer into Group G pursuant to the terms set by the Board, shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by the lesser of (i) one-half of one percent for each month equal to the difference between the 240 months and the member’s months of creditable service, or (ii) an amount that shall be the actuarial equivalent of the normal retirement allowance computed under subsection (b) of this section.
(B) Upon early retirement, a Group G member who was previously a Group F member first included in the membership of the System on or after July 1, 2008, and who elected to transfer into Group G pursuant to the terms set by the Board, shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by the lesser of five-ninths of one percent for each month equal to the difference between the 240 months and the member’s months of creditable service; or
(C) Upon early retirement, all Group G members other than those specified in subdivision (A) of this subdivision (d)(4) shall receive an early retirement allowance that shall be equal to the normal retirement allowance reduced by an amount that shall be the actuarial equivalent of the normal retirement allowance computed under subsection (b) of this section.
(5) Notwithstanding subdivisions (1) and (2) of this subsection, an employee of the Department of Fish and Wildlife assigned to law enforcement duties, an employee of the Military Department assigned to airport firefighting duties, or a Group C member shall, upon early retirement, receive an early retirement allowance that shall be equal to the normal retirement allowance computed under subsection (b) of this section.
(6) Notwithstanding subdivisions (1) and (2) of this subsection, a State’s Attorney, the Defender General, or sheriff who has completed 20 years of creditable service, of which 15 years has been as a State’s Attorney, the Defender General, or sheriff, shall receive an early retirement allowance equal to the normal retirement allowance, at 55 years of age, without reductions.
(e) Any member who retires before age 62 may, at any time prior to the date the first payment on account of his or her retirement allowance becomes normally due, elect to convert the retirement allowance otherwise payable after retirement into an increased retirement allowance that is its actuarial equivalent and is of such amount that, with his or her Social Security payment at age 62, the member will receive, so far as possible, the same amount each year before and after such Social Security payment commences.
(f) Beginning July 1, 1989, the normal retirement allowance for Group A members shall be not less than the larger of $3,000.00 a year or 50 percent of his or her average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed less than 30 years of creditable service. Beginning March 1, 1998, the service retirement allowance shall be not less than the larger of $4,200.00 a year or 50 percent of the member’s average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service. Beginning September 1, 2006, the service retirement allowance shall be not less than the larger of $6,600.00 per year or 50 percent of the member’s average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service. Beginning September 1, 2011, and on September 1 of every fifth year thereafter, the minimum service retirement allowance shall be increased by $1,000.00.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1975, No. 196 (Adj. Sess.), § 16, eff. July 1, 1976, § 18, eff. March 27, 1976; 1977, No. 80, § 1; 1977, No. 153 (Adj. Sess.), §§ 4, 5, eff. March 28, 1978; 1981, No. 41, §§ 6-9; 1985, No. 156 (Adj. Sess.); 1987, No. 183 (Adj. Sess.), § 26a, eff. Jan. 1, 1989; 1989, No. 78, §§ 4, 6, 11; 1989, No. 169 (Adj. Sess.), §§ 13, 14; 1989, No. 277 (Adj. Sess.), §§ 17i-17l, eff. Jan. 1, 1991; 1991, No. 64, § 1, eff. June 18, 1991; 1991, No. 189 (Adj. Sess.), § 13, eff. May 19, 1992; 1997, No. 68 (Adj. Sess.), § 2, eff. March 1, 1998; 1997, No. 89 (Adj. Sess.), § 5; 1997, No. 152 (Adj. Sess.), § 8; 1999, No. 53, §§ 1, 2; 1999, No. 158 (Adj. Sess.), § 21; 2001, No. 57, § 2; 2001, No. 116 (Adj. Sess.), § 5a, eff. May 28, 2002; 2003, No. 115 (Adj. Sess.), § 2; 2005, No. 163 (Adj. Sess.), § 1; 2007, No. 47, § 14; 2007, No. 116 (Adj. Sess.), § 2; 2007, No. 146 (Adj. Sess.), § 1; 2011, No. 79 (Adj. Sess.), § 12, eff. April 4, 2012; 2013, No. 22, § 2; 2013, No. 49, § 1; 2015, No. 58, § E.203.3; 2021, No. 114 (Adj. Sess.), § 5, eff. July 1, 2022; 2023, No. 130 (Adj. Sess.), § 2, eff. July 1, 2024.)
(a) When a beneficiary resumes service, as defined in subdivision 455(a)(21) of this title, he or she shall again become a member of the System, shall contribute at the rate established for members of his or her group, and shall not be entitled to receive a retirement allowance.
(b)(1) Upon the subsequent retirement of an employee who once again became a member under subsection (a) of this section, the employee shall once again become a beneficiary whose former retirement allowance shall be restored under the same plan provisions applicable at the time of the initial retirement, but the beneficiary shall not be entitled to cost of living adjustments for the period during which the beneficiary was restored to service. In addition to the former retirement allowance, a beneficiary shall be entitled to a retirement allowance separately computed for the period beginning with the beneficiary’s last restoration to service for which the member has made a contribution. If the beneficiary is not vested in the system since the beneficiary was last restored to service, the member’s contributions plus accumulated interest shall be returned to the beneficiary.
(2) Notwithstanding subdivision (1) of this subsection, for a Group C member who has attained the later of 50 years of age and has completed 20 or more years of service, in no event shall the member’s separately computed retirement allowance increase by an amount equal to more than one and one-half percent of the member’s average final compensation per year of service actually performed during the period beginning with the member’s last restoration to service.
(Added 2009, No. 24, § 1; amended 2021, No. 114 (Adj. Sess.), § 6, eff. July 1, 2022.)
(a) Upon the application of a member or of the member’s department head not later than 90 days, or longer for cause shown, after the date the member may have separated from service, any Group A, Group C, Group D, Group F, or Group G member who has had five or more years of creditable service may be retired by the retirement board on an ordinary disability retirement allowance, not less than 30 nor more than 90 days after filing such application; provided the member is not eligible for accidental disability retirement; provided the member has requested application prior to death; and provided that the Medical Board, after a medical examination of such member, shall certify that the member is mentally or physically incapacitated for the further performance of duty, that such incapacity has existed since the time of the member’s separation from service and is likely to be permanent, and that he or she should be retired. The Retirement Board may consider, or may ask the Medical Board or a certified vocational rehabilitation counselor to consider, whether the individual is disabled from performing other types of suitable work. However, if disability is denied because the individual is found to be suitable for other work, the member shall be advised at the time of denial of the following provisions that shall apply:
(1) the individual will retain the individual’s existing retirement accrual status;
(2) the State shall provide any necessary retraining;
(3) there shall be no loss in pay;
(4) involuntary geographical moves beyond normal commuting distance are not permitted; and
(5) before any individual who is reassigned to another position rather than retired on disability may be terminated for performance reasons, the individual must first be reconsidered for disability retirement by the Retirement Board.
(b)(1) Upon ordinary disability retirement, a Group A, Group D, Group F, or Group G member shall receive a normal retirement allowance equal to the normal retirement benefit accrued to the effective date of the disability retirement; provided, however, that such allowance shall not be less than 25 percent of the member’s average final compensation at the time of the member’s disability retirement.
(2) Employees who are not eligible for representation by the Vermont State Employees’ Association, including managerial, confidential, elected, and appointed officials, judicial, legislative, and exempt employees, who are employed on February 1, 1997, and whose application for the State’s long-term disability plan is denied solely because of a preexisting condition, shall, if they are otherwise eligible for ordinary disability retirement, be entitled to a retirement allowance that, when added to Social Security and/or other disability payments, equals 66⅔ percent of the employee’s final average compensation at the time of the disability retirement.
(c) Notwithstanding subsection (b) of this section, a Group C member, upon ordinary disability retirement, shall receive an additional allowance that will, when added to his or her Social Security benefit, be equal to 10 percent of his or her average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23.
(d) Notwithstanding subsection (b) or (c) of this section, a member may not receive more than 50 percent of his or her average final compensation at the time of his or her disability retirement.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41, § 10; 1989, No. 67, § 18; 1989, No. 277 (Adj. Sess.), § 17m, eff. Jan. 1, 1991; 1991, No. 64, § 2, eff. June 18, 1991; 1993, No. 33, § 4; 1997, No. 2, § 75, eff. Feb. 12, 1997; 1997, No. 89 (Adj. Sess.), § 6; 2003, No. 38, § 1; 2007, No. 13, § 3; 2021, No. 114 (Adj. Sess.), § 7, eff. July 1, 2022.)
(a) Upon the application of a member or of his or her department head not later than 90 days, or longer for cause shown, after the date the member may have separated from service, any member may be retired by the Retirement Board on an accidental disability retirement allowance, not less than 30 nor more than 90 days after filing such application, provided that the Retirement Board shall find on the basis of such evidence as may come before it, including a report by the Medical Board after a medical examination of such member, that the member is mentally or physically incapacitated for the further performance of duty as the natural and proximate result of an accident occurring at a definite time and place during the course of his or her performance of duty as an employee, that such accident was not the result of his or her gross negligence or willful misconduct, and provided that the Medical Board shall certify that such incapacity is likely to be permanent, and that the member should be retired. The Retirement Board may consult with a certified vocational rehabilitation counselor in determining whether the individual is incapacitated for the further performance of duty.
(b) Upon accidental disability retirement, a member shall receive a normal retirement allowance if he or she shall have reached his or her normal retirement date; otherwise, such a member shall receive a retirement allowance that shall be equal to:
(1) a normal retirement allowance payable at normal retirement date, based on the member’s average final compensation at disability retirement and the number of years of creditable service the member would have completed had the member remained in service to his or her normal retirement date; multiplied by
(2) the ratio that the number of the member’s years of creditable service at disability bears to the number of years of such service the member would have completed had the member remained in service to his or her normal retirement date; provided, however, that such allowance shall not be less than 25 percent of the member’s average final compensation at the time of the member’s disability retirement.
(c) Notwithstanding subsection (b) of this section, a Group C member, upon accidental disability retirement, shall receive as a minimum an allowance that will, when added to the member’s Social Security benefit, be equal to 50 percent of the member’s average final compensation plus 10 percent of the member’s average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23.
(d) Notwithstanding subsection (b) or (c) of this section, a member may not receive more than 50 percent of his or her average final compensation at the time of his or her disability retirement.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 2003, No. 38, § 2; 2007, No. 13, § 4.)
(a) An applicant for disability retirement benefits under section 460 or 461 of this title may file a request for an evidentiary hearing with the Retirement Board if the application for benefits is denied.
(b) The hearing shall be conducted by a hearing officer designated by the Board and in conformance with rules adopted by the Board. Rules adopted by the Board shall be consistent with section 809 of this title.
(c) The decision of the hearing officer shall constitute final administrative action.
(Added 2003, No. 38, § 5.)
(a) Once each year during the first five years following the retirement of a member on a disability retirement allowance, and once in every three year period thereafter, the Retirement Board may, and upon the member’s application shall, require any disability beneficiary who has not reached his or her normal retirement date to undergo a medical examination, by the Medical Board or by a physician or physicians designated by the Medical Board, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon. Should any disability beneficiary who has not reached his or her normal retirement date refuse to submit to such medical examination, the beneficiary’s allowance may be discontinued until his or her withdrawal of such refusal, and should the beneficiary’s refusal continue for one year, all the beneficiary’s rights in and to his or her pension may be revoked by the Retirement Board.
(b) Should the Medical Board report and certify to the Retirement Board that any disability beneficiary has a residual functional capacity that might enable the beneficiary to return to work, and should the Retirement Board reasonably conclude that the beneficiary is engaged in or is, as a result of specific findings made by a certified vocational counselor, able to engage in a gainful occupation paying more than the difference between the beneficiary’s retirement allowance and his or her average final compensation at retirement, the beneficiary’s pension shall be reduced to an amount that, together with his or her annuity and the amount earnable by him or her, shall equal the beneficiary’s average final compensation at retirement, adjusted for inflation each year following retirement on the same basis as for beneficiaries as provided in section 470 of this title provided that:
(1) The Retirement Board shall provide written notice and an opportunity to be heard to the beneficiary prior to any reduction of the beneficiary’s pension under this subsection.
(2) If the beneficiary has engaged in a gainful occupation subsequent to receiving disability retirement, the Retirement Board in its discretion may reject in whole or in part a vocational assessment of the beneficiary’s ability to engage in a more gainful occupation and may rely in whole or in part on evidence of the beneficiary’s actual earnings in determining the amount earnable by the beneficiary. In addition, if the Retirement Board’s determination is based in whole or in part on a vocational assessment of ability to engage in a gainful occupation, the beneficiary shall be notified of his or her entitlement to the same reemployment rights as are available to State employees under the existing collective bargaining agreement entered into between the State and the applicable bargaining representative, or extension of such contractual benefits. Such rights shall commence as of the date of the determination and shall be based upon the reemployment rights the beneficiary would have had at the time he or she retired from State service. The reduction of pension amount will be held in abeyance until the reemployment rights have expired. In the event that the beneficiary is subsequently reemployed by the State, the beneficiary’s retirement allowance shall cease, effective on the date when reemployment commences. In the event that the beneficiary is not subsequently reemployed by the State, the reduction of the beneficiary’s pension shall commence the month following the month in which the beneficiary’s reemployment rights expired.
(3) In the event that a beneficiary’s pension has been reduced and should the beneficiary’s earning capability later change, his or her pension may be further modified, provided that no reemployment rights shall be afforded to the beneficiary in connection with any later change and provided further that the new pension amount, together with the amount earnable by him or her, shall not exceed the beneficiary’s average final compensation at retirement, adjusted for inflation.
(4) As used in this subsection, “retirement allowance” shall mean the allowance payable without modification as provided in section 468 of this title.
(c) Every recipient of disability benefits who has not reached his or her normal retirement date shall, annually on a date determined by the Retirement Board, file with the State Treasurer a statement certifying, under penalty of perjury and in such form as the Retirement Board shall prescribe, the full amount of his or her earnings from earned income during the preceding calendar year. The State Treasurer may request, and the beneficiary shall provide within 60 days after such request, additional financial information and records pertinent to the beneficiary’s earned income. The beneficiary’s statement and accompanying forms and schedules and any other financial information and records provided by the beneficiary to the State Treasurer shall be confidential. In the event that a beneficiary fails to submit the certification or any required or requested financial information or records pertinent to the beneficiary’s earned income, the beneficiary’s retirement allowance shall be suspended until all such information and records have been submitted, and in the event that the failure continues for one year, all the beneficiary’s rights in and to his or her pension and any pending reemployment rights under this section may be revoked by the Board. Notwithstanding any provision of this section to the contrary, if the beneficiary’s earned income for the preceding year exceeded the difference between the beneficiary’s retirement allowance and his or her average final compensation at retirement as adjusted for inflation each year following retirement, the beneficiary shall refund the portion of the preceding year’s retirement allowance that is equal to the amount of the reduction specified in subsection (b) of this section, and the refund amount may be offset against the beneficiary’s monthly pension benefits. Prior to suspension or revocation of the beneficiary’s retirement allowance, reemployment rights, or inception of any offset under this subsection, the Retirement Board shall provide the beneficiary with written notice and an opportunity to be heard.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 2003, No. 38, § 3; 2015, No. 18, § 11; 2015, No. 114 (Adj. Sess.), § 1; 2017, No. 165 (Adj. Sess.), § 3.)
(a) Should a disability beneficiary be restored to service or should any other beneficiary be restored to service, his or her retirement allowance shall cease, and the beneficiary shall again become a member of the Retirement System. Anything in this subchapter to the contrary notwithstanding, upon his or her subsequent retirement, he or she shall be credited with all the service creditable to him or her at the time of his or her former retirement. However, if such beneficiary is restored to membership after the attainment of 55 years of age, his or her pension upon subsequent retirement shall not exceed the sum of the pension that he or she was receiving immediately prior to his or her last restoration to membership and the pension that may have accrued on account of membership service since his or her last restoration to membership, provided that the rate percent of his or her total pension on his or her subsequent retirement shall not exceed the rate he or she would have received had he or she remained in service during the period of prior retirement.
(b) A member who has been reemployed is entitled to prior service credit upon depositing in the fund the contributions that would have been deducted from the member’s compensation had he or she remained a member with interest as set forth in subdivision 473(c)(1) of this title. The member in order to qualify for the prior service credit must also deposit in the fund a sum equal to the contributions that would have been contributed by the State had he or she remained a member with interest as set forth in subdivision 473(c)(1) of this title.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41, § 11; 1989, No. 277 (Adj. Sess.), § 17n, eff. Jan. 1, 1991; 2007, No. 13, § 5; 2015, No. 18, § 12.)
(a) If the Retirement Board shall find on the basis of such evidence as may come before it that a Group A, Group D, Group F, or Group G member in service died prior to his or her retirement under the system as the natural and proximate result of an accident occurring at a definite time and place during the course of his or her performance of duty as an employee and that such accident was not the result of the member’s own gross negligence or willful misconduct, a retirement allowance shall be paid to the member’s designated dependent beneficiary during the member’s life.
(b) If the Retirement Board shall find on the basis of such evidence as may come before it that a Group C member in service died prior to his or her retirement under the system as the natural and proximate result of an accident occurring at a definite time and place during the course of his or her performance of duty as an employee and that such accident was not the result of his or her own gross negligence or willful misconduct, a retirement allowance shall be paid to his or her dependent spouse during her or his life, or if there be no dependent spouse, or if the dependent spouse dies before the youngest child of the deceased member has attained age 18, age 23 in the case of a dependent student, then to his or her child or children under said age until the youngest of such children attains such age, divided in such manner as the Retirement Board in its discretion shall determine, provided that the total annual payments to all such children shall not exceed the retirement allowance that would have been payable to the dependent spouse. If a member leaves no dependent spouse or child under said age upon his or her death, then a retirement allowance may be payable at the discretion of the Retirement Board to his or her dependent parent or parents, provided that the total allowance payable shall not exceed the retirement allowance that would have been payable to the dependent spouse. In the case of the payment of a retirement allowance under this section to a child of a deceased Group C member who is a dependent student, the retirement allowance shall continue while such child remains a dependent student until he or she attains age 23.
(c) The retirement allowance payable to the dependent spouse of a deceased member under this section shall be equal to 25 percent of the member’s average final compensation at the time of his or her death.
(d) Notwithstanding subsection (c) of this section, a dependent spouse of a deceased Group C member under this section shall receive as a minimum an allowance that:
(1) If his or her compensation from the State was not subject to Social Security withholding will; or
(2) If his or her compensation from the State was subject to Social Security withholding will, when added to survivor’s insurance benefit, be equal to 35 percent of average final compensation plus 10 percent of average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, who has not attained age 23. Where, pursuant to this section, a retirement allowance is payable to a child or parent eligible for a survivor’s insurance benefit the allowance payable under this subsection shall be inclusive of such person’s survivor’s insurance benefit.
(e) The retirement allowance payable to a dependent spouse under this section who also qualifies for an ordinary death benefit under section 465 of this title shall in no event be less than the death benefit that would otherwise be payable to such spouse under section 465 of this title.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41, § 12; 1985, No. 160 (Adj. Sess.), § 1; 1989, No. 277 (Adj. Sess.), § 17o, eff. Jan. 1, 1991; 1997, No. 89 (Adj. Sess.), § 7; 2003, No. 122 (Adj. Sess.), § 297a; 2021, No. 114 (Adj. Sess.), § 8, eff. July 1, 2022.)
(a) Upon the withdrawal of a member from service prior to retirement for reasons other than death, the amount of his or her accumulated contributions will be returnable to him or her. In lieu of such return of contributions, any member who has completed five years of creditable service may allow his or her contributions to remain in the System and receive a deferred vested retirement allowance, commencing no earlier than the early retirement date, which shall be equal to:
(1) an early or normal retirement allowance based on his or her average final compensation at his or her date of termination of service and the number of years of creditable service he or she would have completed had he or she remained in service to his or her normal retirement date; multiplied by
(2) the ratio that the number of his or her years of creditable service at termination of service bears to the number of years of such service he or she would have completed had he or she remained in service to his or her normal retirement date, with early retirement reductions, if applicable.
(b)(1) Upon the death of a member in service who has not reached his or her normal retirement date and who has not completed 10 years of creditable service, as a result of causes other than those specified in section 464 of this title, the member’s accumulated contributions shall be paid to such person as he or she shall have designated for such purpose in a writing duly acknowledged and filed with the Board. In the absence of a written designation of beneficiary or in the event the designated beneficiary is deceased, the return of accumulated contributions with interest payable as a result of the death of the member prior to retirement shall be payable as follows:
(A) In the case of an open estate, to the administrator or executor.
(B) In the case of a closed estate and the deceased member’s account is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.
(C) In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and the deceased member’s account is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, to the next of kin according to 14 V.S.A. § 551.
(D) In all other cases, a probate estate shall be opened by the claimant or other interested party in order to determine the appropriate distribution of the proceeds of the deceased member’s account. When an estate is opened solely to distribute the proceeds of a deceased member’s account under this section, the Probate Division of the Superior Court may waive any filing fees.
(2) In addition, if any member was in service at the date of the member’s death or on approved leave of absence for professional study and had completed one or more years of creditable service, or if the member’s death was the result of an accident while in service or on leave of absence, a pension equal to 10 percent of the member’s average final compensation, but not less than $50.00 per month, will be payable on account of each of the member’s dependent children under the age of 18, or, if a dependent student, under the age of 23, not exceeding a total of three. However, if a surviving child of any age was mentally or physically incapacitated to the extent that the child is impeded from substantial gainful employment before attaining age 18, the pension will be payable for the duration of the child’s incapacity.
(c) If a Group A, Group D, Group F, or Group G member dies in service after becoming eligible for early retirement or after completing 10 years of creditable service, a retirement allowance will be payable to the member’s designated dependent beneficiary during the member’s life. If the designated dependent beneficiary so elects, however, the return of the member’s accumulated contributions shall be made in lieu thereof.
(d) If a Group C member dies in service after reaching his or her normal retirement date or after completing 10 years of creditable service, a retirement allowance will be payable to the member’s dependent spouse during her or his life, or if there be no dependent spouse, or if the dependent spouse dies before the youngest child of the deceased member has attained age 18, age 23 in the case of a dependent student, then to the member’s child or children under said age until the youngest of such children attains such age, divided in such manner as the Retirement Board in its discretion shall determine, provided that the total annual payments to all such children shall not exceed the retirement allowance that would have been payable to the dependent spouse. If a member leaves no dependent spouse or child under such age upon his or her death, then a retirement allowance may be payable at the discretion of the Retirement Board to his or her dependent parent or parents, provided that the total allowance payable shall not exceed the retirement allowance that would have been payable to the dependent spouse. In the case of the payment of a retirement allowance under this section to a child of a deceased Group C member who is a dependent student, the retirement allowance shall continue while such child remains a dependent student until he or she attains age 23.
(e) Unless the designated dependent beneficiary elects to receive payment of a deceased member’s accumulated contributions as provided under subsection (c) of this section, the retirement allowance payable to the designated dependent beneficiary of a deceased Group A, Group D, or Group F member under this section shall be equal to the retirement allowance that would have been payable had the member elected option 3 and retired on the member’s date of death. In the case of a member who has not attained the normal retirement date as of his or her date of death, the retirement allowance shall be computed on the basis of a disability retirement allowance or an early retirement allowance, whichever provides the greater benefit to the dependent beneficiary. If the deceased member has no eligible dependent beneficiary, the member’s accumulated contributions shall be payable in accordance with the provisions of subsection (b) of this section.
(f) The retirement allowance payable under this section to a dependent spouse of a Group C member who dies prior to normal retirement date shall be an allowance that will, when added to his or her survivor’s insurance benefit, be equal to 70 percent of the retirement allowance that would have been payable to the deceased member had he or she retired on a normal or early retirement allowance, as the case may be, but without actuarial equivalent modification, on the date of the member’s death plus 10 percent of his or her average final compensation for each dependent child of the deceased member, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23. Where, pursuant to this section, a retirement allowance is payable to a child or parent eligible for a survivor’s insurance benefit, the allowance payable under this subsection shall be inclusive of such person’s survivor’s insurance benefit.
(g) The provisions of subsections (c), (d), (e), and (f) and subdivision (b)(1) of this section shall not apply if benefits are payable under section 464 of this title. The provisions of subdivision (b)(2) of this section shall not apply if the benefits are paid under subsection 464(d) of this title.
(h) The provisions of subsections (e) and (g) of this section shall be retroactive to November 5, 1969 only for the account of George R. Dearborn, deceased.
(i) Any reduced retirement allowance payable during the life of the retired member, with a provision that it shall continue after his or her death for the life of the member’s beneficiary, shall be determined as actuarial equivalents of the retirement allowance under subdivision (a)(1) of this section. Any member who elects to receive such a retirement allowance may elect to receive a benefit further reduced actuarially as prescribed by the Board with the added provision that, should the retired member survive his or her nominated beneficiary, the retirement allowance that would have been payable under subdivision (a)(1) shall be paid to the retired member during the remainder of his or her lifetime. If a member does not make an election as to the form of his or her retirement allowance, he or she shall receive his or her retirement allowance under the provisions of subdivision (a)(1).
(j) The survivors of a member who dies after December 31, 2006 while performing qualified military service shall be entitled to any additional benefits, other than benefit accruals related to the period of qualified military service, that would have been provided under the Plan had the member resumed employment and then terminated employment on account of death.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1975, No. 196 (Adj. Sess.), § 17; 1981, No. 41, §§ 13, 14; 1985, No. 160 (Adj. Sess.), § 2; 1989, No. 78, § 14; 1989, No. 277 (Adj. Sess.), § 17p, eff. Jan. 1, 1991; 1993, No. 33, § 1; 1997, No. 89 (Adj. Sess.), § 8; 1999, No. 53, § 3; 1999, No. 158 (Adj. Sess.), § 7; 2003, No. 122 (Adj. Sess.), §§ 297b, 297c; 2007, No. 13, § 6; 2007, No. 137 (Adj. Sess.), § 2; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 22, § 3; 2015, No. 18, § 1; 2015, No. 114 (Adj. Sess.), § 2; 2021, No. 114 (Adj. Sess.), § 9, eff. July 1, 2022.)
(a) Disability pension and annuity retirement benefits payable under this chapter shall not commence until workers’ compensation benefits have been exhausted under 21 V.S.A. § 642 or 646.
(b) Notwithstanding subsection (a) of this section, disability retirement benefits payable under this chapter shall be paid to a member who applies for and meets all of the eligibility criteria for disability retirement under section 460 or 461 of this title, has filed a claim for temporary disability workers’ compensation benefits under 21 V.S.A. § 642 or 646, and for whom no such benefits have been or are being paid pursuant to any of these sections. If the disability retiree receives temporary workers’ compensation benefits pursuant to 21 V.S.A. § 642 or 646, disability retirement pension and annuity benefit payments shall cease immediately and the retiree shall be immediately restored to his or her employment position and status as existed immediately preceding separation from service as an employee, including restoration of all benefits that existed at that time. Acceptance of disability retirement benefits prior to being restored to State service shall not act as a waiver under subsection (d) of this section.
(c) No employee shall concurrently receive both disability retirement benefits payable under this chapter and workers’ compensation benefits payable under section 21 V.S.A. § 642 or 646. If an employee receives disability retirement pension and annuity benefits and later receives an award for temporary disability workers’ compensation benefits for the same period, the Vermont State Retirement System shall have a lien against any retroactive workers’ compensation award under 21 V.S.A. § 642 or 646 for the same period that the employee received disability retirement benefits in the amount of the disability retirement pension and annuity benefits paid. Any recovery under 21 V.S.A. § 642 or 646 against the employer or the employer’s workers’ compensation insurance carrier shall, after deducting expenses of recovery, reimburse the Vermont State Retirement System for disability retirement pension and annuity benefits for all retroactive periods of time included in the recovery. The State Treasurer shall notify the Department of Buildings and General Services when a disability retirement application is approved for an employee who has filed a workers’ compensation claim. The Department of Buildings and General Services or its workers’ compensation insurance carrier shall notify the State Treasurer of commencement or termination of any workers’ compensation payments or awards to an employee who has been reported by the State Treasurer as eligible to receive disability retirement benefits.
(d) An employee who chooses to accept disability retirement benefits payable under this chapter, except as otherwise described under this section and subsection (b) of this section, shall waive any claim for benefits in excess of 330 weeks under 21 V.S.A. §§ 644 and 645. Under this subsection, an employee may receive permanent disability benefits under 21 V.S.A. chapter 9 and disability retirement benefits under this chapter simultaneously for up to 330 weeks. Prior to actual payment of disability retirement benefits, the disability retiree shall make an election of what benefit he or she wants to receive after 330 weeks by indicating on a form provided by the State Treasurer at the time of application. The form shall advise the disability retiree in conspicuous print that he or she may wish to consult with legal counsel prior to making the election.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 165 (Adj. Sess.), § 1; 1989, No. 78, § 16; 2005, No. 150 (Adj. Sess.), § 2.)
If a Group C member in receipt of a retirement allowance dies, the member’s dependent spouse shall receive until the dependent’s death a retirement allowance that shall be equal to 70 percent of the retirement allowance to that the member was then entitled, without optional modification, irrespective of whether the member had elected an option pursuant to this chapter.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1985, No. 160 (Adj. Sess.), § 3; 2025, No. 18, § 10, eff. May 13, 2025.)
(a) Until the first payment on account of a retirement allowance becomes normally due, any member may elect to convert the retirement allowance otherwise payable to the member after retirement into a retirement allowance that is its actuarial equivalent, in accordance with one of the optional forms described in this section.
(1) Option 1. A reduced retirement allowance payable during the member’s life, with the provision that at the member’s death a lump sum equal in amount to the difference between the member’s accumulated contributions at the time of retirement and the sum of the annuity payments actually made to the member during his or her lifetime shall be paid to such person, if any, as the member has nominated by written designation duly acknowledged and filed with the Retirement Board; or, in the absence of a written designation of beneficiary or when the designated beneficiary is deceased, the residual amount payable as a result of the death of the member after retirement shall be payable as follows:
(2)(A) In the case of an open estate, to the administrator or executor.
(B) In the case of a closed estate and the deceased member’s account is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.
(C) In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and the deceased member’s account is valued at less than $1,000.00, to the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin according to 14 V.S.A. § 551.
(D) In all other cases, a probate estate shall be opened by the claimant, or other interested party, in order to determine the appropriate distribution of the proceeds of the deceased member’s account. When an estate is opened solely to distribute the proceeds of a deceased member’s account under this section, the Probate Division of the Superior Court may waive any filing fees.
(3) Option 3. A reduced retirement allowance payable during the member’s life, with the provision that it shall continue after the member’s death for the life of the beneficiary nominated by the member by written designation duly acknowledged and filed with the Retirement Board at the time of retirement should such beneficiary survive the member.
(4) Option 4. A reduced retirement allowance payable during the member’s life, with the provision that it shall continue after the member’s death at one-half the rate paid to the member and be paid for the life of the beneficiary nominated by the member by written designation duly acknowledged and filed with the Retirement Board at the time of retirement should such beneficiary survive the member.
(b) Any member who elects to receive a retirement allowance under the provisions of option 3 or 4 may elect to receive a benefit further reduced actuarially as prescribed by the Board with the added provision that on the basis of stipulations contained in a plan-approved domestic relations order or if the retired member survives the member’s nominated beneficiary, the retirement allowance that would have been payable during the member’s life computed pursuant to section 459, 460, or 461 of this title, whichever is applicable, shall be paid to the retired member during the remainder of the member’s lifetime. If a member does not make an election as to the form of his or her retirement allowance, the member shall receive his or her retirement allowance computed pursuant to section 459, 460, or 461 of this title, whichever is applicable.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1999, No. 53, § 4; 2007, No. 13, § 7; 2009, No. 24, § 2; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2025, No. 18, § 10, eff. May 13, 2025.)
Anything contained in this title to the contrary notwithstanding, the benefit payable to or on account of a Group C member, inclusive of any benefit provided by his or her additional contributions as specified in subsection 473(b) of this title together with the Social Security benefit or survivor’s insurance benefit, as the case may be, shall not be less than the benefit that would have been payable to the member or on the member’s account under the provisions of the Vermont State Police and Motor Vehicle Inspectors’ Retirement System as in effect on June 30, 1972 had said System continued in effect unamended.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 2025, No. 18, § 10, eff. May 13, 2025.)
(a) Postretirement adjustments to retirement allowance. Beginning January 1, 2023 and each year thereafter, the retirement allowance of each beneficiary of the System who is in receipt of a retirement allowance and who meets the eligibility criteria set forth in this section shall be adjusted by the amount described in subsection (d) of this section. In no event shall a beneficiary receive a negative adjustment to the beneficiary’s retirement allowance.
(b) Calculation of net percentage increase.
(1) Consumer Price Index; maximum and minimum amounts. Prior to October 1 of each year, a determination shall be made of any increase or decrease, to the nearest one-tenth of a percent, in the Consumer Price Index for the month ending on June 30 of that year to the average of said index for the month ending on June 30 of the previous year. Any increase or decrease in the Consumer Price Index shall be subject to adjustment so as to remain within the following maximum and minimum amounts:
(A) For Group A members, the maximum amount of any increase or decrease used to determine the net percentage increase shall be five percent.
(B) For Group C members who are first eligible for normal retirement or unreduced early retirement on or before June 30, 2022, or who are vested deferred members as of June 30, 2022, the maximum amount of any increase or decrease used to determine the net percentage increase shall be five percent.
(C) For Group C members who are first eligible for normal retirement or unreduced early retirement on or after July 1, 2022, the maximum amount of any increase or decrease used to determine the net percentage increase shall be four percent.
(D) For Group D members, the maximum amount of any increase or decrease used to determine the net percentage increase shall be five percent.
(E) For Group F and Group G members who are first eligible for normal retirement or unreduced early retirement on or before June 30, 2022, or who are vested deferred members as of June 30, 2022, the maximum amount of any increase or decrease used to determine the net percentage increase shall be five percent. In the event that there is an increase or decrease of less than one percent, the net percentage increase shall be assigned a value of one percent and shall not be subject to further adjustment pursuant to subsection (d) of this section.
(F) For Group F and Group G members who are first eligible for normal retirement or unreduced early retirement on or after July 1, 2022, the maximum amount of any increase or decrease used to determine the net percentage increase shall be four percent.
(2) Consumer Price Index; decreases. In the event of a decrease in the Consumer Price Index, there shall be no adjustment to retirement allowances for the subsequent year beginning January 1; provided, however, that:
(A) such decrease shall be applied as an offset against the first subsequent year’s increase of the Consumer Price Index, up to the full amount of such increase; and
(B) to the extent that such decrease is greater than such subsequent year’s increase, such decrease shall be offset in the same manner against two or more years of such increases, for up to but not exceeding five subsequent years of such increases, until fully offset.
(3) Consumer Price Index; increases. In the event of an increase in the Consumer Price Index, and provided there remains an increase following the application of any offset as in subdivision (2) of this subsection, that amount shall be identified as the net percentage increase and used to determine the members’ postretirement adjustment as described in this chapter.
(c) Eligibility for postretirement adjustment. In order for a beneficiary to receive a postretirement adjustment to the beneficiary’s retirement allowance, the beneficiary must meet the following eligibility requirements:
(1) Retired and vested deferred on or before June 30, 2022. For all members who are retired or vested deferred on or before June 30, 2022, other than those Group F members on an early retirement allowance who have not reached normal retirement age, as specified in subdivision (4) of this subsection, the member must be in receipt of a retirement allowance for at least 12 months prior to the January 1 effective date of any postretirement adjustment.
(2) In service on or before June 30, 2022. For all Group A, C, F, and G members who are first eligible for normal retirement or unreduced early retirement on or before June 30, 2022, and for Group D members first appointed or elected on or before June 30, 2022, the member must be in receipt of a retirement allowance for at least 12 months prior to the January 1 effective date of any postretirement adjustment.
(3) In service on or after July 1, 2022. For all Group A, C, F, and G members who are first eligible for normal retirement or unreduced early retirement on or after July 1, 2022, and for Group D members first appointed or elected on or after July 1, 2022, the member must be in receipt of a retirement allowance for at least 24 months prior to the January 1 effective date of any postretirement adjustment.
(4) Special rule for Group F and Group G early retirement. A Group F or Group G member in receipt of an early retirement allowance shall not receive a postretirement adjustment to the member’s retirement allowance until such time as the member has reached normal retirement age, provided the member has also met the other eligibility criteria set forth in this subsection.
(d) Amount of postretirement adjustment. The postretirement adjustment for each member who meets the eligibility criteria set forth in subsection (c) of this section shall be as follows:
(1) the full amount of the net percentage increase calculated in subsection (b) of this section for the following:
(A) Group A and C members, provided that the net increase following the application of any offset as provided in this section equals or exceeds one percent;
(B) Group D members first appointed or elected on or before June 30, 2022, provided that the net increase following the application of any offset as provided in this section equals or exceeds one percent; and
(C) commencing January 1, 2014, any active contributing member of the Group F or Group G plan on or after June 30, 2008, and who retires as a Group F or Group G member on or after July 1, 2008;
(2) one-half of the net percentage increase calculated in subsection (b) of this section for Group F members who retired on or before June 30, 2008;
(3) for Group D members first appointed or elected on or after July 1, 2022, provided that the net increase following the application of any offset as provided in this section equals or exceeds one percent, the full amount of the net percentage increase calculated in subsection (b) of this section for amounts equal to or less than $75,000.00 of annual retirement allowance and one-half the net percentage increase calculated in subsection (b) of this section for amounts $75,000.01 or greater of annual retirement allowance.
(e) Definitions. For purposes of this section:
(1) “Consumer Price Index” means the Northeast Region Consumer Price Index for all urban consumers, designated as “CPI-U,” in the northeast region, as published by the U.S. Department of Labor, Bureau of Labor Statistics.
(2) “Vested deferred” means a member who receives a vested deferred allowance payable pursuant to subsection 465(a) of this title.
(f) Deferred vested allowance. No increase shall be made pursuant to this section in a deferred vested allowance payable pursuant to subsection 465(a) of this title prior to its commencement.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41, § 15; 1989, No. 277 (Adj. Sess.), § 17q; 1991, No. 64, § 3, eff. June 18, 1991; 1997, No. 89 (Adj. Sess.), § 9; 1999, No. 158 (Adj. Sess.), § 12; 2007, No. 116 (Adj. Sess.), § 3; 2009, No. 24, § 3; 2009, No. 139 (Adj. Sess.), §§ 2a, 13(b); 2011, No. 63, § H.1; 2013, No. 22, § 4; 2015, No. 114 (Adj. Sess.), § 3; 2021, No. 114 (Adj. Sess.), § 10, eff. July 1, 2022; 2023, No. 3, § 97, eff. March 20, 2023; 2025, No. 18, § 10, eff. May 13, 2025.)
(a) The general administration and responsibility for the proper operation of the Retirement System and for making effective the provisions of this subchapter are hereby vested in a board of eight trustees, known as the Retirement Board. The Board shall consist of the Governor or his or her designated representative, the State Treasurer, the Commissioner of Human Resources, the Commissioner of Finance and Management, three members of the Vermont State Employees’ Association who are members of the System, each to be chosen by such Association in accordance with its articles of association and bylaws or policies for a term of two years, and one retired State employee who is a beneficiary of the System, to be elected by the Vermont Retired State Employees’ Association for a term of two years. If a vacancy occurs in the office of a chosen member, the vacancy shall be filled for the unexpired term in accordance with the articles of association and bylaws or policies of the association affected by the vacancy. In the absence of a member of the State Employees’ Association or the Retired State Employees’ Association, the respective association may designate a person who is a member of the Association to attend a meeting or meetings of the Retirement Board in place of the absent member. A person so designated shall have the same voting rights and responsibilities as the absent member he or she is representing at such meeting or meetings, except that the person shall not automatically assume the trustee’s place as an officer of the Board.
(b) The trustees as such shall serve without compensation, but they shall be reimbursed from the funds of the Retirement System for all necessary expenses that they may incur through service on the Retirement Board.
(c) Each trustee shall be entitled to one vote in the Retirement Board. Five trustees shall constitute a quorum for the transaction of any business. A majority vote of those present and voting shall be necessary for any resolution or action by the Retirement Board at any meeting of the Board. All trustees shall be notified of any meeting of the Board. The State Treasurer, the Commissioner of Finance and Management, and the Commissioner of Human Resources each may designate in writing a person within the trustee’s office or department to attend a meeting or meetings of the Retirement Board in the Treasurer’s or the Commissioner’s place. The designation shall be filed with the Secretary of the Board. A person so designated shall have the same voting rights and responsibilities as the ex officio trustee at such meeting or meetings except that the designee shall not automatically assume the trustee’s place as an officer of the Board.
(d) Subject to the limitations of this subchapter, the Retirement Board shall, from time to time, adopt rules for the administration of the Fund of the Retirement System and for the transaction of its business.
(e) The Retirement Board shall elect from its membership a chair and shall appoint a secretary who may be, but need not be, one of the trustees. It shall engage such medical, actuarial, and other services as shall be required to transact the business of the Retirement System. The compensation of all persons engaged by the Retirement Board, and all other expenses of the Board necessary for the operation of the Retirement System, shall be paid at such rates and in such amounts as the Board shall approve.
(f) The Retirement Board shall keep in convenient form such data as shall be necessary for actuarial valuation of the fund of the Retirement System, and for checking the experience of the System.
(g) The Retirement Board shall keep a record of all its proceedings, which shall be open to public inspection. It shall publish annually and distribute to the General Assembly a report showing the fiscal transactions of the Retirement System for the preceding fiscal year, the amount of the accumulated cash and securities of the System, and the last balance sheet showing the financial condition of the Retirement System by means of an actuarial valuation of the assets and liabilities of the System. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
(h) The Attorney General of the State shall be legal advisor to the Retirement Board.
(i) The Retirement Board shall designate a Medical Board to be composed of three physicians not eligible to participate in the Retirement System. If required, other physicians may be employed to report on special cases. The Medical Board shall arrange for and pass upon all medical examinations required under the provisions of this subchapter, shall investigate all essential medical statements and certificates by or on behalf of a member in connection with a claim of disability or accidental and occupationally-related death, and shall report in writing to the Retirement Board of its conclusions and recommendations upon all such matters.
(j) The Retirement Board shall designate an actuary who shall be the technical advisor of the Board on matters regarding the operation of the Fund of the Retirement System, and shall perform such other duties as are required in connection therewith. Immediately after the establishment of the Retirement System, the Retirement Board shall adopt for the Retirement System such mortality and service tables as shall be deemed necessary and shall certify the rates of contribution payable under the provisions of this subchapter. Beginning July 1, 2023, at least once every three fiscal years following the establishment of the System, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the Retirement System, and taking into account the results of such investigation, the Retirement Board shall adopt for the Retirement System such mortality, service, and other tables as shall be deemed necessary and shall certify the rates of contribution payable under the provisions of this subchapter.
(k) On the basis of such mortality and service tables as the Retirement Board shall adopt, the actuary shall make annual valuations of the assets and liabilities of the fund of the Retirement System.
(l) The Commission shall designate from time to time a depositary for the securities and evidences of indebtedness held in the Fund of the System and may contract for the safekeeping of securities and evidences of indebtedness within and without the State of Vermont in such banks, trust companies, and safe-deposit facilities as it shall from time to time determine. The necessary and incidental expenses of such safekeeping and for service rendered, including advisory services in investment matters, shall be paid from the operation expenses of the System as set forth in this chapter. Any agreement for the safekeeping of securities or evidences of indebtedness shall provide for the access to such securities and evidences of indebtedness, except securities loaned pursuant to a securities lending agreement as authorized by subsection (m) of this section, at any time by the custodian or any authorized agent of the State for audit or other purposes.
(m) The Commission may authorize the loan of its securities pursuant to securities lending agreements that provide for collateral consisting of cash or securities issued or guaranteed by the U.S. government or its agencies equal to 100 percent or more of the market value of the loaned securities. Cash collateral may be invested by the lending institution in investments approved by the State Treasurer. Approval of investments shall be made in accordance with the standard of care established by the prudent investor rule under 9 V.S.A. chapter 147.
(n) The Board shall review annually the amount of State contribution recommended by the actuary of the Retirement System as necessary to achieve and preserve the financial integrity of the fund established pursuant to section 473 of this title. Based on this review, the Board shall recommend the amount of State contribution that should be appropriated for the next fiscal year to achieve and preserve the financial integrity of the fund. On or before November 1 of each year, the Board shall submit this recommendation to the Governor and the House Committees on Government Operations and Military Affairs and on Appropriations and the Senate Committees on Government Operations and on Appropriations. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1987, No. 92, § 2, eff. June 23, 1987; 1991, No. 151 (Adj. Sess.), §§ 1, 2; 191, No. 265 (Adj. Sess.), § 1; 1995, No. 36, § 1; 1999, No. 158 (Adj. Sess.), § 23; 2001, No. 116 (Adj. Sess.), § 5b, eff. May 28, 2002; 2003, No. 38, § 4; 2003, No. 122 (Adj. Sess.), § 294g; 2003, No. 156 (Adj. Sess.), § 15; 2005, No. 48, § 1; 2005, No. 50, § 4; 2007, No. 13, § 8; 2013, No. 142 (Adj. Sess.), § 8; 2013, No. 161 (Adj. Sess.), § 72; 2021, No. 75, § 4, eff. June 8, 2021; 2021, No. 114 (Adj. Sess.), § 17, eff. July 1, 2022; 2025, No. 18, § 10, eff. May 13, 2025.)
(a) The Board shall prepare and submit, consistent with 2 V.S.A. § 20(a), reports on the following subjects:
(1) the fiscal transactions of the Retirement System, pursuant to subsection 471(g) of this title;
(2) the results of an actuarial reevaluation of the Retirement Fund, pursuant to section 473a of this title.
(b) Reports required to be submitted to the General Assembly annually by January 15 shall be consolidated in a single document.
(Added 2003, No. 122 (Adj. Sess.), § 294f.)
(a) The members of the Vermont Pension Investment Commission established in chapter 17 of this title shall be the trustees of the Funds created by this subchapter, 16 V.S.A. chapter 55, and 24 V.S.A. chapter 125, and with respect to them may invest and reinvest the assets of the Fund, and hold, purchase, sell, assign, transfer, and dispose of the securities and investments in which the assets of the Fund have been invested and reinvested. Investments shall be made in accordance with the standard of care established by the prudent investor rule under 9 V.S.A. chapter 147.
(b) From time to time, the Retirement Board shall set the rate or rates of regular interest at such percent rate compounded annually as shall be determined by the Board, such rate to be limited to a minimum of three percent and a maximum of five percent.
(c) The State Treasurer shall be the custodian of the assets of the Fund of the Retirement System. All payments from the Fund shall be made by the State Treasurer or his or her deputy, with approval of the Retirement Board. A duly attested copy of a resolution of the Retirement Board designating such persons and bearing on its face specimen signatures of such persons shall be filed with the State Treasurer as his or her authority for making payments upon such vouchers.
(d) Except as otherwise provided for in this section, no trustee and no employee of the Board or member of the Commission shall have any direct interest in the gains or profits of any investment made by the Commission; nor shall any trustee or employee of the Board or the Commission, directly or indirectly, for the trustee or employee or as an agent, in any manner use the same except to make such current and necessary payments as are authorized by the Board or Commission; nor shall any trustee or employee of the Board or the Commission become an endorser or surety, or in any manner an obligor, for the monies loaned to or borrowed from the Board. The Treasurer, with the approval of the Board and the Commission, shall adopt by rule standards of conduct for trustees and employees of the Board in order to maintain and promote public confidence in the integrity of the Board. Such rules shall prohibit trustees and employees from receiving or soliciting any gift, including meals, alcoholic beverages, travel fare, room and board, or any other thing of value, tangible or intangible, from any vendor or potential vendor of investment services, management services, brokerage services, and other services to the Board or Commission.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41, § 16; 1985, No. 171 (Adj. Sess.), § 3, eff. May 7, 1986; 1987, No. 80, § 8, eff. June 9, 1987; 1997, No. 67 (Adj. Sess.), § 4; 2005, No. 50, § 5; 2007, No. 13, § 9; 2021, No. 75, § 5, eff. June 8, 2021; 2025, No. 18, § 10, eff. May 13, 2025.)
(a) Intent. The General Assembly intends that the Retirement System and any trusts or custodial accounts established to hold the assets of the Retirement System in accordance with subsection (b) of this section be maintained, in form and operation, so as to maintain the status of the Retirement System as a qualified plan under 26 U.S.C. § 401(a) as amended, and the tax exempt status of such trusts and custodial accounts under 26 U.S.C. § 501(a), to the extent that those requirements apply to a governmental plan as described in 26 U.S.C. § 414. Notwithstanding any other provision of this chapter to the contrary, this section shall be applicable, administered, and interpreted in a manner consistent with maintaining the tax qualification of the Retirement System as a qualified plan and the tax exempt status of such trusts and custodial accounts under 26 U.S.C. §§ 401(a) and 501(a), respectively.
(b) Exclusive benefit. All assets of the Retirement System shall be held in trust, in one or more custodial accounts treated as trusts in accordance with 26 U.S.C. § 401(f), or in a combination thereof. Under any trust or custodial account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to members and their beneficiaries for any part of the corpus or income to be used for, or diverted to, purposes other than the exclusive benefit of members and their beneficiaries. However, this requirement shall not prohibit:
(1) the return of a contribution within six months after the Retirement System determines that the contribution was made by a mistake of fact; or
(2) payment of the expenses of the Retirement System.
(c) Vesting on plan termination. In the event of the termination of the Retirement System, the accrued benefits of eligible members shall become fully and immediately vested.
(d) Forfeitures. Service credits forfeited by a member for any reason shall not be applied to increase the benefits of any other member.
(e) Required distributions. Distributions shall begin to be made not later than the member’s required beginning date as defined under 26 U.S.C. § 401(a)(9) and shall be made in accordance with all other requirements of that subsection. Benefits shall be paid under the maximum allowance pursuant to this subsection even though the member has not previously applied to receive them. The System shall be deemed to be in compliance with the terms of 26 U.S.C. § 401(a)(9) so long as it is administered under a reasonable good faith interpretation of that subsection.
(f) Limitation on benefits. Benefits shall not be payable to the extent that they exceed the limitations imposed by 26 U.S.C. § 415, as adjusted for increases in the cost of living.
(g) Limitation on compensation. Benefits and contributions shall not be computed with reference to any compensation that exceeds the maximum dollar amount permitted by 26 U.S.C. § 401(a)(17) as adjusted for increases in the cost of living.
(h) Actuarial determination. Whenever the amount of any member’s benefit is to be determined on the basis of actuarial assumptions done by a professional actuary, those assumptions shall be specified by resolution, which documentation shall be incorporated in the System by reference. The Board shall also adopt interest and mortality assumptions for the purposes of determining actuarial equivalent benefits under the system. The Board shall adopt assumptions by resolution, which documentation shall be incorporated in the System by reference.
(i) Direct rollovers. An individual withdrawing a distribution from the Retirement System that constitutes an “eligible rollover distribution” within the meaning of 26 U.S.C. § 402 may elect, in the time and manner prescribed by the Retirement Board and after receipt of proper notice, to have any portion of the distribution paid directly to another plan that is qualified under 26 U.S.C. § 401(a), to an annuity plan described in 26 U.S.C. § 403(a), to an annuity contract described in 26 U.S.C. § 403(b), or to an eligible plan described in 26 U.S.C. § 457(b) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and that agrees to account separately for amounts transferred into the plan, or to an individual retirement account or annuity described in 26 U.S.C. § 408(a) or (b), in a direct rollover. For distributions made after December 31, 2009, a nonspouse beneficiary who is a designated beneficiary under 26 U.S.C. § 401(a)(9) may establish an individual retirement account into which all or a portion of a death distribution from the Retirement System to which such nonspouse beneficiary is entitled can be transferred directly.
(j) Compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Notwithstanding any provision of law to the contrary, contributions, benefits, and service credits with respect to qualified military service shall be provided under the System in accordance with 26 U.S.C. § 414(u), unless State law provides more favorable benefits than those required by federal law.
(k) Consent. An individual who is not a vested member of the System and who has not yet reached the later of normal retirement age or age 62 must consent to any withdrawal of his or her assets of greater than $1,000.00. For individuals who are not vested members of the System and who have reached the later of normal retirement age or age 62, amounts greater than $1,000.00 may be paid out without the individual’s consent. In all cases, amounts of $1,000.00 or less may be paid out without the individual’s consent.
(l) Rules. The Board may adopt rules to ensure that this chapter complies with federal law requirements.
(Added 2007, No. 13, § 10; amended 2009, No. 24, § 4; 2015, No. 18, § 2; 2017, No. 165 (Adj. Sess.), § 4; 2019, No. 14, § 3, eff. April 30, 2019.)
(a) Assets. All of the assets of the Retirement System shall be credited to the Vermont State Retirement Fund.
(b) Member contributions.
(1) Allocations and periodic review.
(A) Allocations. Contributions deducted from the compensation of members together with any member contributions transferred thereto from the predecessor systems shall be accumulated in the Fund and separately recorded for each member. The amounts so transferred on account of Group A members shall be allocated between regular and additional contributions. The amounts so allocated as regular contributions shall be determined as if the rate of contribution of four percent has been continuously in effect in the predecessor system from which such amounts were transferred and the balance of any amount so transferred on account of any Group A member shall be deemed additional contributions. In the case of Group C members who were members as of the date of establishment and Group D members, all contributions transferred from predecessor systems shall be deemed regular contributions. Those members who, prior to the date of establishment of this system, had been contributing at a rate less than four percent shall have any benefit otherwise payable on their behalf actuarially reduced to reflect such prior contribution rate of less than four percent. Upon a member’s retirement or other withdrawal from service on the basis of which a retirement allowance is payable, the member’s additional contributions, with interest thereon, shall be paid as an additional allowance equal to an annuity that is the actuarial equivalent of such amount, in the same manner as the benefit otherwise payable under the System.
(B) Periodic review. When the State Employees’ Retirement System has been determined by the actuary to have assets at least equal to its accrued liability, contribution rates will be reevaluated by the actuary with a subsequent recommendation to the General Assembly. In determining the amount earnable by a member in a payroll period, the Retirement Board may consider the annual or other periodic rate of earnable compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit deduction from compensation for any period less than a full payroll period if an employee was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as, on an annual basis, shall not exceed one-tenth of one percent of the annual earnable compensation upon the basis of which such deduction is to be made. Each of the amounts shall be deducted until the member retires or otherwise withdraws from service and when deducted shall be paid into the Annuity Savings Fund and shall be credited to the individual account of the member from whose compensation the deduction was made.
(2) Groups A, C, D, F, and G members.
(A) Group A members. Commencing on July 1, 2016, contributions shall be 6.55 percent of compensation for Group A members.
(B) Group C members.
(i) Commencing the first full pay period in fiscal year 2023, the contribution rate for Group C members shall be 8.93 percent of compensation.
(ii) Commencing the first full pay period in fiscal year 2024, the contribution rate for Group C members shall be 9.43 percent of compensation.
(iii) Commencing the first full pay period in fiscal year 2025 and annually thereafter, the contribution rate for Group C members shall be 9.93 percent of compensation.
(C) Group D members. Commencing on July 1, 2022, the contribution rate for Group D members shall be based on the highest quartile in which a member’s hourly rate of pay falls. Quartiles shall be determined annually in the first full pay period of each fiscal year by the Department of Human Resources based on the hourly rate of pay by all Group D members. The contribution rates shall be based on the schedule set forth below:
(i) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period below the 25th percentile of Group D member hourly rates of pay, the contribution rate shall be 6.55 percent of compensation.
(ii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 25th percentile and below the 50th percentile of Group D member hourly rates of pay, the contribution rate shall be as follows:
(I) commencing in fiscal year 2023, 7.05 percent of compensation;
(II) commencing in fiscal year 2024, 7.55 percent of compensation; and
(III) commencing in fiscal year 2025 and annually thereafter, 8.05 percent of compensation.
(iii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 50th percentile and below the 75th percentile of Group D member hourly rates of pay, the contribution rate shall be as follows:
(I) commencing in fiscal year 2023, 7.05 percent of compensation;
(II) commencing in fiscal year 2024, 7.55 percent of compensation;
(III) commencing in fiscal year 2025, 8.05 percent of compensation; and
(IV) commencing in fiscal year 2026 and annually thereafter, 8.55 percent of compensation.
(iv) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at or above the 75th percentile of Group D member hourly rates of pay, the contribution rate shall be as follows:
(I) commencing in fiscal year 2023, 7.05 percent of compensation;
(II) commencing in fiscal year 2024, 7.55 percent of compensation;
(III) commencing in fiscal year 2025, 8.05 percent of compensation;
(IV) commencing in fiscal year 2026, 8.55 percent of compensation; and
(V) commencing in fiscal year 2027 and annually thereafter, 9.05 percent of compensation.
(D) Group F members. Commencing on July 1, 2022, the contribution rate for Group F members shall be based on the quartile in which a member’s hourly rate of pay falls. Quartiles shall be determined annually in the first full pay period of each fiscal year by the Department of Human Resources based on the combined hourly rate of pay of all Group F and Group G members. The contribution rates shall be based on the schedule set forth below:
(i) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period below the 25th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be 6.55 percent of compensation.
(ii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 25th percentile and below the 50th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:
(I) commencing in fiscal year 2023, 7.05 percent of compensation;
(II) commencing in fiscal year 2024, 7.55 percent of compensation; and
(III) commencing in fiscal year 2025 and annually thereafter, 8.05 percent of compensation.
(iii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 50th percentile and below the 75th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:
(I) commencing in fiscal year 2023, 7.05 percent of compensation;
(II) commencing in fiscal year 2024, 7.55 percent of compensation;
(III) commencing in fiscal year 2025, 8.05 percent of compensation; and
(IV) commencing in fiscal year 2026 and annually thereafter, 8.55 percent of compensation.
(iv) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at or above the 75th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:
(I) commencing in fiscal year 2023, 7.05 percent of compensation;
(II) commencing in fiscal year 2024, 7.55 percent of compensation;
(III) commencing in fiscal year 2025, 8.05 percent of compensation;
(IV) commencing in fiscal year 2026, 8.55 percent of compensation; and
(V) commencing in fiscal year 2027 and annually thereafter, 9.05 percent of compensation.
(E) Group G members. Commencing on July 1, 2023, the contribution rate for Group G members shall be based on the quartile in which a member’s hourly rate of pay falls. Quartiles shall be determined annually in the first full pay period of each fiscal year by the Department of Human Resources based on the combined hourly rate of pay of all Group F and Group G members. The contribution rates shall be based on the schedule set forth below:
(i) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period below the 25th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be 11.23 percent of compensation.
(ii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 25th percentile and below the 50th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:
(I) commencing in fiscal year 2024, 12.23 percent of compensation; and
(II) commencing in fiscal year 2025 and annually thereafter, 12.73 percent of compensation.
(iii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 50th percentile and below the 75th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:
(I) commencing in fiscal year 2024, 12.23 percent of compensation;
(II) commencing in fiscal year 2025, 12.73 percent of compensation; and
(III) commencing in fiscal year 2026 and annually thereafter, 13.23 percent of compensation.
(iv) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at or above the 75th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:
(I) commencing in fiscal year 2024, 12.23 percent of compensation;
(II) commencing in fiscal year 2025, 12.73 percent of compensation;
(III) commencing in fiscal year 2026, 13.23 percent of compensation; and
(IV) commencing in fiscal year 2027 and annually thereafter, 13.73 percent of compensation.
(3) Deductions. The deductions provided for in this section shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for in this section and shall receipt for full compensation, and payment of compensation less such deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this subchapter.
(4) Additional contributions. Subject to the approval of the Retirement Board, in addition to the contributions deducted from compensation as provided for in this section, any member may redeposit in the Fund by a single payment or by an increased rate of contribution an amount equal to the total amount that the member previously withdrew from this System or one of the predecessor systems; or any member may deposit in the Fund by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity that, together with prospective retirement allowance, will provide for the member a total retirement allowance not in excess of one-half of average final compensation at normal retirement date, with the exception of Group D members for whom creditable service shall be restored upon redeposits of amounts previously withdrawn from the System, or for whom creditable service shall be granted upon deposit of amounts equal to what would have been paid if payment had been made during any period of service during which such a member did not contribute. Such additional amounts so deposited shall become a part of the member’s accumulated contributions as additional contributions.
(5) Beneficiaries. The contributions of a member and such interest as may be allowed thereon that are withdrawn by the member or paid to the member estate or to a designated beneficiary in event of the member’s death shall be paid from the Fund.
(6) Scope. Contributions required under this subsection shall be limited to contributions from Group A, Group C, Group D, Group F, and Group G members.
(7) [Repealed.]
(c) Employer contributions, earnings, and payments.
(1) Employer contributions and the reserves for the payment of all pensions and other benefits, including all interest and dividends earned on the assets of the Retirement System, shall be accumulated in the Fund, and all benefits payable under the System and the expenses of the System shall be paid from the Fund. Annually, the Retirement Board shall allow regular interest on the individual accounts of members in the Fund that shall be credited to each member’s account within the Fund.
(2) Beginning with the actuarial valuation as of June 30, 2006, the contributions to be made to the Fund by the State shall be determined on the basis of the actuarial cost method known as “entry age normal.” On account of each member there shall be paid annually into the Fund by the State an amount equal to certain percentages of the annual earnable compensation of such member, to be known as the “normal contribution,” and additional amounts equal to a certain percentage of the member’s annual earnable compensation, to be known as the “basic accrued liability” and “additional accrued liability” contributions. The percentage rates of the contributions shall be fixed on the basis of the liabilities of the Retirement System as shown by actuarial valuation.
(3) The normal contribution shall be the uniform percentage of the total compensation of members that, if contributed over each member’s prospective period of service and added to such member’s prospective contributions, if any, will be sufficient to provide for the payment of all future benefits after subtracting the sum of the unfunded accrued liability and the total assets of the Fund of the Retirement System.
(4) Beginning on July 1, 2008, until the unfunded accrued liability is liquidated, the basic accrued liability contribution shall be the annual payment required to liquidate the unfunded accrued liability over a closed period of 30 years ending on June 30, 2038, provided that:
(A) From July 1, 2009 to June 30, 2019, the amount of each annual basic accrued liability contribution shall be determined by amortization of the unfunded liability over the remainder of the closed 30-year period in installments increasing at a rate of five percent per year.
(B) Beginning on July 1, 2019 and annually thereafter, the amount of each annual basic accrued liability contribution shall be determined by amortization of the unfunded liability over the remainder of the closed 30-year period in installments increasing at a rate of three percent per year.
(C) Any variation in the contribution of normal, basic, unfunded accrued liability or additional unfunded accrued liability contributions from those recommended by the actuary and any actuarial gains and losses shall be added or subtracted to the unfunded accrued liability and amortized over the remainder of the closed 30-year period.
(5)-(7) [Repealed.]
(8) Annually, the Board shall certify an amount to pay the annual actuarially determined employer contribution, as calculated in this subsection, and additional amounts as follows:
(A) in fiscal year 2024, the amount of $9,000,000.00;
(B) in fiscal year 2025, the amount of $12,000,000.00; and
(C) in fiscal year 2026 and in any year thereafter when the Fund is calculated to have a funded ratio of less than 90 percent, the amount of $15,000,000.00.
(d) Contributions of State. As provided by law, the Retirement Board shall certify to the Governor or Governor-Elect a statement of the percentage of the payroll of all members sufficient to pay for all operating expenses of the Vermont State Retirement System and all contributions of the State that will become due and payable during the next biennium. The contributions of the State to pay the annual actuarially determined employer contribution and any additional amounts pursuant to subdivision (c)(8) of this section shall be charged to the departmental appropriation from which members’ salaries are paid and shall be included in each departmental budgetary request. Annually on or before January 15, the Commissioner of Finance and Management shall provide to the General Assembly a breakdown of the components of the payroll charge applied to each department’s budget in the current fiscal year and anticipated to apply in the upcoming fiscal year. This report shall itemize the percentages of payroll assessments to fund:
(1) the actuarially determined employer contribution to the Vermont State Retirement System;
(2) any additional payments made pursuant to subdivision (c)(8) of this section to the Vermont State Retirement System; and
(3) the employer contribution to the State Employees’ Postemployment Benefits Trust Fund made pursuant to subdivision 479a(e)(3) of this title.
(e) [Repealed.]
(f) Contributions paid by State. Notwithstanding the provisions of subdivision (b)(2) of this section to the contrary and pursuant to the provisions of Section 414(h) of the Internal Revenue Code, the State shall pick up and pay the contributions required to be paid by members with respect to service rendered on and after March 1, 1998. Contributions picked up by the State shall be designated for all purposes as member contributions, except that they shall be treated as State contributions in determining tax treatment of a distribution. Each member’s compensation shall be reduced by an amount equal to the amount picked up by the State. This reduction, however, shall not be used to determine annual earnable compensation for purposes of determining average final compensation. Contributions picked up under this subsection shall be credited to the Fund. To ensure that the provisions of this subsection are cost neutral to the State, the contributions rates established under subdivision (b)(2) of this section shall be increased by one-tenth of one percent of compensation.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41, §§ 17-19, 39(1); 1989, No. 78, § 7; 1989, No. 277 (Adj. Sess.), §§ 17r, 17w(a), eff. Jan. 1, 1991; 1993, No. 33, § 5; 1997, No. 68 (Adj. Sess.), § 7, eff. March 1, 1998; 1997, No. 89 (Adj. Sess.), § 10; 1997, No. 89 (Adj. Sess.), § 13, eff. April 13, 1998; 1999, No. 158 (Adj. Sess.), § 19; 2003, No. 122 (Adj. Sess.), § 297h; 2005, No. 215 (Adj. Sess.), § 277a; 2007, No. 12, § 1; 2007, No. 13, § 11; 2007, No. 116 (Adj. Sess.), §§ 4, 5; 2009, No. 24, § 4a; 2011, No. 63, § H.4; 2015, No. 114 (Adj. Sess.), § 4; 2015, No. 172 (Adj. Sess.), § E.133.1; 2017, No. 74, § 2; 2021, No. 114 (Adj. Sess.), § 11, eff. July 1, 2022; 2023, No. 3, § 98, eff. March 20, 2023; 2023, No. 78, § E.107, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 2, eff. July 1, 2024; 2025, No. 18, § 10, eff. May 13, 2025.)
The Board shall cause to be made an actuarial reevaluation of the rate of member contributions deducted from earnable compensation pursuant to subdivision 473(b)(2) of this title, on a periodic basis at least every three years, to determine whether the amount deducted is necessary to make the contributions picked up and paid by the State for such members cost neutral to the General Fund. The actuarial reevaluation shall consider all relevant factors, including federal tax law changes. The Board shall report the results of the actuarial reevaluation to the General Assembly together with any recommendations for adjustment in the members’ contribution rate under subdivision 473(b)(2) of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.
(Added 1997, No. 68 (Adj. Sess.), § 8, eff. March 1, 1998; amended 2013, No. 142 (Adj. Sess.), § 9.)
Any beneficiary of a predecessor system who is in receipt of a benefit on the date of establishment shall become a beneficiary and shall continue to receive the benefit being paid from the Fund of this System, under the conditions of the predecessor system as in effect at the time of the member’s retirement, subject to such adjustment as provided for in section 470 of this title. Any former member of a predecessor system who, upon termination of service, was eligible for a deferred benefit under the provisions of that System, the payment of which has not commenced as of the date of establishment, shall continue to be so eligible, and shall receive such benefit from the System subject to the conditions of the predecessor system as in effect at the time the member’s service was terminated. The cash and securities to the credit of the predecessor systems on the date of establishment shall be transferred to this Retirement System, the amount of each member’s accumulated contributions included in such transfer shall be credited to the member’s individual account in the fund to become a part of the member’s accumulated contributions, and the balance shall be credited to the Fund.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 2007, No. 13, § 12; 2025, No. 18, § 10, eff. May 13, 2025.)
Should any change or error in the records result in any member or beneficiary receiving from the Retirement System more or less than he or she would have been entitled to receive had the records been correct, the Retirement Board shall have the power to correct such error, and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid or in such a manner that the impact upon the Fund is de minimis.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 2017, No. 165 (Adj. Sess.), § 5.)
A member’s annuity, pension, or retirement allowance under this subchapter and the member’s assets in the Retirement System shall not be exempt from taxation, including income tax, but shall be exempt from the operation of any laws relating to bankruptcy or insolvency and shall not be attached or taken upon execution or other process of any court. No assignment by a member of any part of such assets to which the member is or may be entitled, or of any interest in such assets, shall be valid, except to the extent permitted by this subchapter.
(Added 1971, No. 231 (Adj. Sess.). § 4; amended 1973, No. 117, § 12; 2007, No. 13, § 13.)
(a) As used in this section:
(1) “Alternate payee” means any individual who is recognized by a domestic relations order as having a right to receive all, or a portion of, another individual’s payment rights in the Retirement System.
(2) “Domestic relations order” means a judgment, decree, or order of the Family Division of the Superior Court issued pursuant to 4 V.S.A. chapter 10, concerning marital property rights that includes a transfer of all, or a portion of, a member’s or beneficiary’s payment rights in the Retirement System to an alternate payee. It also means a judgment, decree, or order from a court of competent jurisdiction in another state, concerning marital property rights that includes a transfer of all, or a portion of, a member’s or beneficiary’s payment rights in the Retirement System to an alternate payee. Domestic relations orders shall conform to the requirements of this section in order to be effective. A domestic relations order does not take effect until it is served on the Retirement System by certified or registered mail, return receipt requested. In the event that there is more than one domestic relations order, the order that is most recent in time and that has been served on the Retirement System will control.
(b) A member’s or beneficiary’s rights in the Retirement System may be modified by a domestic relations order as provided in this section.
(c) A domestic relations order shall contain all of the following elements:
(1) the identity of the member or beneficiary and the alternate payee by full name, current address, and Social Security number;
(2) the amount or percentage of the member’s or beneficiary’s benefits to be paid by the Board to the alternate payee and the date or dates upon which the calculation of payments is to be based;
(3) the number of payments or time period in which payments are required to be made under the domestic relations order; and
(4) each retirement plan to which the domestic relations order applies.
(d) A domestic relations order shall not provide:
(1) for a type or form of benefit, option, or payment not available to the affected member or beneficiary;
(2) for an amount or duration of payment greater than that available to the affected member or beneficiary;
(3) that payment of a retirement allowance commence before the member departs from service and commences to receive benefits;
(4) withdrawal of the member’s contributions without the consent of the member and the alternate payee; or
(5) any requirements that are contrary to the intent of this section.
(e) A domestic relations order may provide for apportionment of post-retirement adjustments to the retirement allowance.
(f) Payments to the alternate payee under a domestic relations order shall be limited to the life of the member or beneficiary.
(g) An alternate payee’s rights and interests under this section shall not survive the alternate payee’s death and shall not be transferable by inheritance.
(h) An alternate payee’s rights or interests acquired pursuant to this section are not subject to assignment, execution, garnishment, attachment, or other process. An alternate payee’s rights or interests may be modified only by a domestic relations order amending the domestic relations order that established the right or interest.
(i) The Board, the Retirement System, its agents, and employees shall not be liable to any person for carrying out the terms and conditions of a domestic relations order.
(j) The Board may adopt rules to implement this section.
(Added 1995, No. 36, § 2; amended 2009, No. 154 (Adj. Sess.), § 238.)
An employee who has ceased being a member upon reemployment is entitled to prior service credit upon depositing in the Fund the contributions that would have been deducted from the employee’s compensation had he or she remained a member with interest as set forth in section 473 of this title. The employee in order to qualify for the prior service credit must also deposit in the Fund a sum equal to the contributions that would have been contributed by the State had the employee remained a member with interest as set forth in section 473 of this title.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 2007, No. 13, § 14.)
(a) Any member who has rendered 15 years of creditable service and who has, prior to becoming a member of the System, served a minimum of one full year of full-time service in the military or one full year of full-time service as a member of the Cadet Nurse Corps in World War II, the Peace Corps, VISTA, or AmeriCorps for which the member has derived no military pension benefits may elect to have included in the member’s creditable service all or any part of the member’s military, Cadet Nurse Corps, Peace Corps, VISTA, or AmeriCorps service not exceeding five years. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System’s actuary to be cost neutral to the System. Notwithstanding the provisions of this subsection, any member shall, upon application, be granted up to three years of credit for military service during the periods June 25, 1950 through January 31, 1955; February 28, 1961 through August 4, 1964, if service was performed in what is now the Republic of Vietnam; and August 5, 1964 through May 7, 1975 and shall not be required to make a contribution, provided the member has rendered 15 years of creditable service and, prior to becoming a member, served a minimum of one full year of full-time service in the military for which he or she has derived no military pension benefits. The provisions of this subsection shall also be available to State employees who are not members of the classified system and who elect to participate in the defined Contribution Retirement Plan under chapter 16A of this title. Notwithstanding the foregoing, in the event of a conflict between the provisions of this subsection and the provisions of 10 U.S.C. § 12736 concerning the counting of the same full-time military service toward both military and State pensions, the provisions of the U. S. Code shall control.
(b) Any member who rendered service in the capacity of an employee for another state, as defined by the Board, may elect to have included in the member’s creditable service, all or part of any period of such service. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System’s actuary to be cost neutral to the System.
(c) Any member may elect to have included in the member’s creditable service years of service as a municipal employee or as a teacher in a public or private school, as defined by the Board. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System’s actuary to be cost neutral to the System. No application for credit under this subsection shall be granted if at the time of application, the member has a vested right to retirement benefits in another Retirement System based upon that service.
(d) Any member may elect to have included in the member’s creditable service all or any part of the member’s service as a permanent State employee for which the member received no credit. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System’s actuary to be cost neutral to the System. Any Group F member may elect to increase his or her retirement allowance for years of service as a Group E member prior to January 1, 1991, for 1-¼ percent of average final compensation to 1-⅔ percent of average final compensation. A member making an election under this subdivision shall deposit in the Annuity Savings Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to 1-⅔ percent of the member’s average final compensation multiplied by the number of years of service for which the member elects to increase his or her retirement allowance. Any Group F member who is actively employed on June 30, 2007, and who was a member of the Group B plan prior to June 30, 1998, may elect to convert some or all of his or her Group B service to Group C service. A member making an election to convert shall deposit in the Fund by a single contribution an amount computed by the actuary to pay for the additional liability incurred by the increase in benefits between the Group B and the Group C plan multiplied by the number of years of service that the member elects to convert.
(e) Notwithstanding any provision to the contrary and except for credit elected under subsection (a) of this section, a member may not elect more than a total of 10 years of creditable service under the provisions of this section, except that there shall be no limit to years of service in Group E being converted under subsection (d) of this section.
(f) Any time a member is required to make a single contribution in connection with an election under this section, a member may, with the approval of the Board, contribute over a maximum of five years in installments of equal value. Those contributions shall become a part of the member’s accumulated contribution and shall be treated for all purposes in the same manner as the contributions made under section 473 of this title. Any member who retires before completing payment as approved by the Board for the purchase of service under this section shall receive pro rata credit for service purchased before the date of retirement, but if the member so elects at the time of retirement, the member may pay as much in a single sum as is necessary to provide full credit at that time.
(g) Notwithstanding any provision of this section, no non-Vermont state employment credit elected under this section shall be considered as creditable service for purposes of attaining five years’ vesting required for retirement allowance eligibility.
(h) When a Group F member has a minimum of 25 years of creditable service, the member may elect to purchase up to five years of additional service credit. A member who makes an election under this subsection shall deposit in the Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to 1-⅔ percent of the member’s average final compensation multiplied by the number of years purchased.
(Added 1989, No. 169 (Adj. Sess.), § 15; 1989, No. 277 (Adj. Sess.), § 17s, eff. Jan. 1, 1991; amended 1991, No. 64, §§ 4, 5, eff. June 18, 1991; 1999, No. 53, §§ 4a, 4b; 1999, No. 158 (Adj. Sess.), §§ 2, 4; 2001, No. 29, § 2; 2005, No. 163 (Adj. Sess.), § 2; 2007, No. 12, § 1a; 2007, No. 13, § 15; 2015, No. 18, § 3; 2021, No. 114 (Adj. Sess.), § 12, eff. July 1, 2022.)
[Repealed]
1989, No. 277 (Adj. Sess.), § 17w(a), eff. Jan. 1, 1991.
(a)(1) As provided under section 631 of this title, a member who is insured by the respective group insurance plans immediately preceding the member’s effective date of retirement shall be entitled to continuation of group insurance as follows:
(A)(i) coverage in the group medical benefit plan provided by the State of Vermont for active State employees; or
(ii) for a Group F and Group G plan member first included in the membership of the system on or after July 1, 2008, coverage in the group medical benefit plan offered by the State of Vermont for active State employees and pursuant to the following, provided:
(I) a member who has completed five years and less than 10 years of creditable service at the member’s retirement shall pay the full cost of the premium;
(II) a member who has completed 10 years and less than 15 years of creditable service at the member’s retirement shall pay 60 percent of the cost of the premium;
(III) a member who has completed 15 years and less than 20 years of creditable service at the member’s retirement shall pay 40 percent of the cost of the premium;
(IV) a member who has completed 20 years or more of creditable service at the member’s retirement shall pay 20 percent of the cost of the premium; and
(B) members who have completed 20 years of creditable service at their effective date of retirement shall be entitled to the continuation of life insurance in the amount of $10,000.00.
(2) Notwithstanding any provision of subdivision (1)(A)(i) or (ii) of this subsection to the contrary, a member may be offered health coverage other than coverage in the group medical benefit plan provided by the State of Vermont for active State employees if the following conditions are met:
(A) the alternative health coverage is substantially equivalent to the coverage offered through the group medical benefit plan provided by the State of Vermont for active State employees; and
(B) the alternative health coverage is mutually agreeable to:
(i) the State;
(ii) each employee organization that has been certified to represent one or more bargaining units pursuant to chapters 27 and 28 of this title; and
(iii) the Vermont Retired State Employees’ Association.
(b) As of July 1, 2007, members of the Group C plan who separate from service prior to being eligible for retirement benefits under this chapter, who have at least 20 years of creditable service, and who participated in the group medical benefit plan at the time of separation from service shall have a one-time option at the time retirement benefits commence to participate in the group medical benefit plan provided by the State of Vermont for active State employees or any alternative health coverage provided pursuant to subdivision (a)(2) of this section. Premiums for the plan shall be prorated between the retired member and the Retirement System pursuant to section 631 of this title.
(c) Premiums for coverage of retired members of the Group C plan and their dependents in the group medical benefit plan or any alternative health coverage provided pursuant to subdivision (a)(2) of this section shall be prorated on the same basis as is provided for active employees by the current collective bargaining agreement for the nonmanagement unit. The amounts designated as the State’s share of premium for the medical benefit plan and the total premium for group life insurance provided under subdivision (a)(2) of this section shall be paid by the Fund as an operating expense in accordance with subsection 473(d) of this title.
(d) After January 1, 2007, the State Treasurer may offer and administer a dental benefit plan for retired members, beneficiaries, eligible dependents, and eligible retirees of special affiliated groups and the dependents of members of those groups who are eligible for coverage in the State Employee Group Medical Benefit Plan or any alternative health coverage provided pursuant to subdivision (a)(2) of this section. The Plan shall be separate and apart from any dental benefit plan offered to Vermont State employees. The original plan of benefits, and any changes thereto, shall be determined by the State Treasurer with due consideration of recommendations from the Retired Employees’ Committee on Insurance established in section 636 of this title.
(1) For purposes of dental benefits, “retired members” shall include retired employees of the State who are receiving a retirement allowance from the Vermont State Retirement System. In addition, “retired members” shall include retired employees who are receiving a retirement allowance based upon their employment with the Vermont State Employees’ Association, the Vermont State Employees’ Credit Union, and the Vermont Council on the Arts, as long as they were covered under a group dental plan as active employees on their retirement date, and:
(A) they have at least 20 years’ service with that employer; or
(B) have attained 62 years of age, and have at least 15 years’ service with that employer.
(2) One hundred percent of the premiums for providing dental benefit coverage to retired members, beneficiaries, and eligible dependents shall be paid in full by retired members and beneficiaries and shall be deducted from each member’s retirement allowance each month. Nothing in this subdivision creates a legal obligation on the part of the State to pay any portion of the premiums required to provide dental benefit coverage to retired members, dependents, beneficiaries, or other eligible participants.
(3) Dependent eligibility shall be determined in the manner applied to determinations for coverage in the State Employee Medical Benefit Plan or any alternative health coverage provided pursuant to subdivision (a)(2) of this section.
(4) [Repealed.]
(e) As of January 1, 2007, and thereafter, upon retirement, members entitled to prorated group medical benefit plan premium payments from the Retirement System under the terms of this section shall have a one-time option to reduce the percentage of premium payments from the Retirement System during the member’s life, with the provision that the Fund shall continue making an equal percentage of premium payments after the member’s death for the life of the dependent beneficiary nominated by the member under section 468 of this title, should such dependent beneficiary survive the member. The Retirement Board, after consultation with its actuary, shall establish reduced premium payment percentages that are as cost neutral to the Fund as possible.
(f) [Repealed.]
(g) A member of the Group F or Group G plan who is first included in the membership of the System on or after July 1, 2008, who separates from service prior to being eligible for retirement benefits under this chapter, who has at least 20 years of creditable service, and who participated in the group medical benefit plan at the time of separation from service shall have a one-time option at the time retirement benefits commence to reinstate the same level of coverage, in the group medical benefit plan provided by the State of Vermont for active State employees or any alternative health coverage provided pursuant to subdivision (a)(2) of this section, that existed at the date of separation from service. Premiums for the plan shall be prorated between the retired member and the Retirement System pursuant to subsection (a) of this section.
(h) For purposes of entitlement to medical benefits in retirement, former county court employees hired by the counties to court positions on or before June 30, 2008 who became State employees on February 1, 2011 pursuant to 2010 Acts and Resolves No. 154 shall be deemed to have been first included in membership of the system on or before June 30, 2008.
(Added 1981, No. 249 (Adj. Sess.), § 30b, eff. July 4, 1982; amended 2003, No. 156 (Adj. Sess.), § 13; 2005, No. 163 (Adj. Sess.), § 3; 2005, No. 165 (Adj. Sess.), § 2; 2007, No. 12, § 2; 2007, No. 13, § 15a; 2007, No. 116 (Adj. Sess.), § 6; 2011, No. 1, § 1, eff. Feb. 2, 2011; 2013, No. 22, § 5; 2015, No. 18, § 4; 2017, No. 165 (Adj. Sess.), § 6; 2021, No. 114 (Adj. Sess.), § 13, eff. July 1, 2022; 2023, No. 78, § E.108, eff. July 1, 2023.)
(a) Creation. A “State Employees’ Postemployment Benefits Trust Fund” (Benefits Fund) is hereby created for the purpose of accumulating and providing reserves to support retiree postemployment benefits for members, and to make distributions from the Benefits Fund for current and future postemployment benefits for retirees of the Vermont State Employees’ Retirement System, excluding pensions and benefits otherwise appropriated by statute and for the payment of reasonable and proper expenses of administering the Benefits Fund and related benefit plans. The Benefits Fund shall not be part of the Retirement System but is intended to comply with and be a tax-exempt governmental trust under Section 115 of the Internal Revenue Code of 1986, as amended.
(b) Deposits into the Fund. Into the Benefits Fund shall be deposited:
(1) all assets remitted to the State as a subsidy on behalf of the members of the Vermont State Employees’ Retirement System for employer-sponsored qualified prescription drug plans pursuant to the Medicare Prescription Drug Improvement and Modernization Act of 2003, except that any subsidy received from an Employer Group Waiver Program is not subject to this requirement;
(2) any appropriations by the General Assembly for the purposes of paying current and future retiree postemployment benefits for members of the Vermont State Employees’ Retirement System;
(3) amounts contributed or otherwise made available by members of the System or their beneficiaries for the purpose of paying current or future postemployment benefits costs; and
(4) any monies pursuant to subsection (e) of this section.
(c) Administration. The Benefits Fund shall be administered by the State Treasurer. The Treasurer may invest monies in the Benefits Fund in accordance with the provisions of 32 V.S.A. § 434 or, in the alternative, may enter into an agreement with the Commission to invest such monies in accordance with the standards of care established by the prudent investor rule under 14A V.S.A. § 902, in a manner similar to the Commission’s investment of retirement system monies. All balances in the Benefits Fund at the end of the fiscal year shall be carried forward. Interest earned shall remain in the Benefits Fund. The Treasurer’s annual financial report to the Governor and the General Assembly shall contain an accounting of receipts, disbursements, and earnings of the Benefits Fund.
(d) Held in trust. All funds of the Benefits Fund shall be held in one or more trusts, custodial accounts treated as trusts, or a combination thereof. Contributions to the Benefits Fund shall be irrevocable, and it shall be impossible at any time prior to the satisfaction of all liabilities, with respect to employees and their beneficiaries, for any part of the corpus or income of the Benefits Fund to be used for or diverted to purposes other than the payment of retiree postemployment benefits to members and their beneficiaries and reasonable expenses of administering the Benefits Fund and related benefit plans.
(e) State Contribution.
(1) Beginning on July 1, 2022 and annually thereafter, the State shall make annual contributions to the Benefits Fund known as the “normal contribution” and the “accrued liability contribution,” each of which shall be fixed on the basis of the liabilities of the System as shown by the most recent actuarial valuation and made by the payroll assessment included in annual agency and department budgets:
(A) The “normal contribution” shall be the amount that, if contributed over each member’s prospective period of service, will be sufficient to provide for the payment of all future retiree postemployment benefits after subtracting the unfunded actuarial liability and the total assets of the Benefits Fund. The “normal contribution” shall be identified using the actuarial cost method known as “projected unit credit” and applying a rate of return equal to the most recently adopted actuarial rate of return pursuant to section 523 of this title.
(B) The “accrued liability contribution” shall be the annual payment set forth in the most recent actuarial valuation that is necessary to liquidate the unfunded accrued liability over a closed period of 26 years and determined based on the funding schedule set forth in this section.
(i) It is the policy of the State of Vermont to liquidate fully the unfunded accrued liability for the payment of retiree health and medical benefits.
(ii) Beginning on July 1, 2022, until the unfunded accrued liability is liquidated, the accrued liability contribution shall be the annual payment required to liquidate the unfunded accrued liability over a closed period of 26 years ending on June 30, 2048, provided that the amount of each annual basic accrued liability contribution shall be determined by amortization of the unfunded liability over the remainder of the closed 26-year period in installments.
(2) Any variation in the contribution of normal or accrued liability contributions from those recommended by the actuary and any actuarial gains and losses shall be added or subtracted to the unfunded accrued liability and amortized over the remainder of the closed 26-year period.
(3) The Board shall review annually the amount of State contributions recommended by the actuary. Based on this review, the Board shall determine the amount of State contribution necessary for the next fiscal year to achieve and preserve the financial integrity of the funds and certify a statement of the percentage of the payroll of all members sufficient to fund the normal cost and the accrued liability contribution. On or before December 15 of each year, the Board shall inform the Governor and the House Committees on Government Operations and Military Affairs and on Appropriations and the Senate Committees on Government Operations and on Appropriations in writing about the amount needed. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
(Added 2005, No. 215 (Adj. Sess.), § 278; amended 2007, No. 13, § 16; 2009, No. 24, § 4b; 2013, No. 179 (Adj. Sess.), § E.133.1; 2019, No. 120 (Adj. Sess.), § A.12, eff. June 30, 2020; 2021, No. 114 (Adj. Sess.), § 15, eff. July 1, 2022; 2023, No. 6, § 1, eff. July 1, 2023.)
[Repealed]
2013, No. 22, § 17.
Contributions in the form of a deduction from compensation under section 473 of this title shall cease for any Group A member who attains 25 years of creditable service and the member shall continue to accrue creditable service, without such a contribution, at the rate of 1⅔ percent until the member retires. Any Group A member in service on January 1, 1991 who, as of that date, has made contributions for more than 25 years but less than 30 years shall, upon normal retirement, be granted up to five years of additional creditable service at the rate of 1⅔ percent for each year or part of a year in which contributions were made in excess of 25 years. Any Group A member in service on January 1, 1991 who, as of that date, has made contributions for more than 30 years shall, upon normal retirement, receive credit for contributions in excess of 25 years and in addition shall be granted, upon normal retirement, five years of additional creditable service at the rate of 1⅔ percent.
(Added 1989, No. 277 (Adj. Sess.), § 17t, eff. Jan. 1, 1991.)
[Repealed]
2013, No. 22, § 17.
The following words and phrases as used in this subchapter, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) “Employee” shall mean any regular officer or employee who is employed for not less than 40 calendar weeks in a year, other than a person engaged under retainer or special agreement. In all cases of doubt, the Retirement Board shall determine whether any person is an employee as defined in this subchapter.
(2) “National Guard employees” shall mean employees of the Vermont National Guard hired under 32 U.S.C. § 709.
(3) “Employer” shall mean any political subdivision of the State of Vermont and the Vermont National Guard as to employees thereof hired under 32 U.S.C. § 709.
(4) “Governing board” shall mean the governing body, by whatever name known, of such employer.
(5) “Local retirement fund” shall mean any retirement, pension, or benefit fund partially or wholly maintained at the expense of an employer.
(6) “Retirement Board” shall mean the Retirement Board of the State Retirement System.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1973, No. 251 (Adj. Sess.), § 1; 2013, No. 22, § 6.)
(a) Any governing board of an employer that elected to have its eligible employees participate in the Vermont State Retirement System shall, by virtue of said election, have its eligible employees participate in the Vermont State Retirement System. Any members of the Vermont Employees’ Retirement System, in the employ of such employer, shall have the shares credited on their account to the various funds of that Retirement System transferred to the Fund of the Vermont State Retirement System, in accordance with the provisions of section 473 of this title. Thereafter, all contributions on behalf of such members shall be made by such employer and member to the Vermont State Retirement System for deposit in the Fund.
(b) Membership of National Guard employees will commence effective the first day of the first pay period for which the federal government makes the required employer contribution, and will end on the failure of the federal government to make such contribution. Membership and benefits for this class of employee shall be a contributory money purchase type on such terms as are mutually agreed by the representatives of the federal government, national guard technicians of the State of Vermont and the trustees of the Vermont State Retirement System. The employee contribution shall be not less than the percentage contributed by the federal government.
(c) All National Guard employees who became members of the Vermont Employees’ Retirement System pursuant to section 432 of this title and who, on the date of establishment, were members of that System shall become and continue to be members of the Vermont State Retirement System until the failure of the federal government to make contributions on their account. All shares credited to the Vermont Employees’ Retirement System on account of such National Guard employees shall be transferred to the fund of the Vermont State Retirement System, in accordance with the provisions of section 473 of this title. Thereafter all contributions on behalf of such members shall be made by the federal government and the member to the Vermont State Retirement System for deposit in the Fund.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1973, No. 251 (Adj. Sess.), § 2; 2007, No. 13, § 17.)
(a) Should a majority of the members of any local retirement fund elect to become members of the Vermont State Retirement System, by a petition duly signed by those members, the participation of those members in the Vermont State Retirement System may be effected as provided in section 482 of this title as though such local retirement fund were not in operation and the provisions of this section shall then apply, except that the existing pensioners or annuitants of the local retirement fund who were being paid benefits on the date that participation in the Vermont State Retirement System becomes effective shall be continued and paid at their existing rates by the Vermont State Retirement System and the liability on this account shall be included in the computation of the accrued liability contribution rate as provided by section 487 of this title. Any cash and securities to the credit of the local retirement fund shall be transferred to the Vermont State Retirement System as of the date participation begins. The trustees or other administrative head of the local retirement fund as of the date participation becomes effective shall certify the proportion, if any, of the assets of the local retirement fund that represents the accumulated contributions of the members, and the relative shares of the members as of that date. Shares shall be credited to the respective account of such members in the Fund of the Vermont State Retirement System as though contributed under the provisions of said System. The balance of the assets transferred to the Vermont State Retirement System shall be offset against the accrued liability before determining the special accrued liability contribution to be paid by the employer as provided by section 487 of this title. The operation of the local retirement fund shall be discontinued as of the date participation becomes effective.
(b) Any members of a local retirement fund who, pursuant to the provisions of section 433 of this title, became members of said System shall become members of the Vermont State Retirement System and shall have the shares credited on their account to the Fund of the Vermont State Retirement System in accordance with the provisions of section 473 of this title. Thereafter all contributions on behalf of such members shall be made by such employer and member to the Vermont State Retirement System.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 2007, No. 13, § 18; 2025, No. 18, § 10, eff. May 13, 2025.)
Membership in the Vermont State Retirement System shall be optional with employees who are in the service of the employer on the date when participation becomes effective pursuant to subsection 482(a) or subsection 483(a) of this title and any such employee shall become a member as of that date or as of the date of completing three years of continuous service for the employer, if later, unless he or she files with the Retirement Board within 30 days of his or her eligibility a notice of his or her election not to be included in the membership. Any such employee who becomes a member of the Vermont State Retirement System within one year of the effective date of participation of his or her employer shall be credited with creditable service covering such periods of service prior to such effective date with such employer or predecessor employer for which the employer is willing to make accrued liability contributions. Thereafter service for such employer on account of which contributions are made by the employer and member shall also be considered as creditable service.
(Added 1971, No. 231 (Adj. Sess.), § 4.)
Membership in the Vermont State Retirement System shall be compulsory for all employees entering the service of such employer after the date participation becomes effective, and shall be effective upon the date of hire.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 2013, No. 22, § 7.)
The chief fiscal officer of the employer, and heads of its departments, shall submit to the Retirement Board such information and shall cause to be performed with respect to the employees of such employer such duties as shall be prescribed by the Retirement Board in order to carry out the provisions of this subchapter.
(Added 1971, No. 231 (Adj. Sess.), § 4.)
Employees who become members of the Vermont State Retirement System under the provisions of this subchapter shall contribute at the same rate and in the same manner as if they were employees of the State of Vermont. The actuary of the System shall compute the contributions that would be payable annually by the employer on behalf of such members corresponding to the contributions that the State of Vermont makes on behalf of State employees, except that each employer of members participating in the Vermont State Retirement System as provided in this subchapter shall make a special accrued liability contribution on account of the participation of its employees, which shall be determined by an actuarial valuation of the accrued liability on account of the employees of such employer who become members, in the same way as the accrued liability rate was originally determined for employees of the State of Vermont. This special accrued liability contribution, subject to such adjustment as may be necessary on account of any additional credits for service prior to the date of participation of its employees in the System awarded by such employer, shall be payable in lieu of the accrued liability contribution payable on account of other employees in the Vermont State Retirement System. The expense of making the valuation to determine any special accrued liability contribution shall be assessed against and paid by the employer on whose account it was necessary. Prior to the determination of the special accrued liability contribution, the employer shall make accrued liability contributions at the accrued liability rate payable by the State of Vermont on behalf of State employees.
(Added 1971, No. 231 (Adj. Sess.), § 4.)
The contributions computed under section 487 of this title together with a pro rata share of the cost of the administration of the Vermont State Retirement System based upon the payroll of the employees of the employer who are members shall be certified by the Retirement Board to the Chief Fiscal Officer of the employer. The amounts so certified shall be a charge against the employer. The Chief Fiscal Officer shall pay to the State Treasurer the amount certified by the Retirement Board as payable under the provisions of this subchapter, and the State Treasurer shall credit such amounts to the Fund of the Vermont State Retirement System.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 2007, No. 13, § 19.)
Persons who become members of the Vermont State Retirement System under this subchapter and on behalf of whom contributions are paid as provided in this subchapter shall be entitled to benefits under the Vermont State Retirement System as though they were employees of the State of Vermont. These employees shall be considered “Group F members” as defined in subdivision 455(a)(11)(E) of this title, except that:
(1) elected municipal employees shall not be subject to mandatory retirement requirements; and
(2) sheriffs and those deputy sheriffs who meet the requirements pursuant to subdivision 455(a)(11)(F)(ii) of this chapter shall be considered members of Group G.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1977, No. 164 (Adj. Sess.), § 4, eff. March 31, 1978; 2013, No. 22, § 8; 2023, No. 130 (Adj. Sess.), § 3, eff. July 1, 2024.)
The agreement of any employer to contribute on account of its employees shall be irrevocable, but should any employer for any reason become financially unable to make the contributions on account of its employees as provided in this subchapter, then that employer shall be deemed to be in default. All members of the Vermont State Retirement System who were employed by an employer at the time of default shall then be entitled to discontinue membership in the Retirement System and to a refund of their previous contributions upon demand made within 90 days thereafter. As of a date 90 days following the date of the default, the actuary of the Vermont State Retirement System shall determine by actuarial valuation the amount of the reserve held on account of each remaining active member and beneficiary of the employer and shall credit to each member and beneficiary the amount of the reserve so held. The reserve so credited, together with the amount of the accumulated contributions of each active member, shall be used to provide for the member a paid up deferred annuity beginning at age 65, and the reserve of each beneficiary shall be used in providing part of the member’s existing pension as the reserve so held will provide, which pension, together with the member’s annuity, shall thereafter be payable to the member. The rights and privileges of both active members and beneficiaries of the employer shall then terminate, except as to payment of the deferred annuities so provided and the annuities and pensions, or parts thereof, provided for the beneficiaries.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 2025, No. 18, § 10, eff. May 13, 2025.)
Anything in this subchapter to the contrary notwithstanding, the Vermont State Retirement System shall not be liable for the payment of any pensions or other benefits on account of the employees or beneficiaries of any employer under this subchapter, for which reserves have not been previously created from funds contributed by such employer, or its employees, for such benefits.
(Added 1971, No. 231 (Adj. Sess.), § 4.)
(a) The words “retirement system” as used in this section shall mean and include the following:
(1) Vermont State Retirement System as established by subchapter 1 of this chapter, and including employees of certain political subdivisions under the provisions of subchapter 2 of this chapter;
(2) State Teachers’ Retirement System of Vermont as established by 16 V.S.A. chapter 55; and
(3) Municipal Employees’ Retirement System as established by 24 V.S.A. chapter 125.
(b) Any person who is a member of a Retirement System as defined in subsection (a) of this section may transfer his or her membership to another Retirement System, as defined in subsection (a) of this section, within one year after acceptance of office or employment that makes it possible or mandatory for him or her to participate in such other Retirement System if such acceptance of office or employment would make it impossible for him or her to continue as a contributing member of the Retirement System of which he or she has been a member.
(c) Any such person desiring so to transfer membership shall notify the board of trustees of the retirement system of which the person is a member and the board of trustees of the retirement system to which the person wishes to transfer of such intention and shall request a transfer of the total amount of the accumulated contributions standing to his or her credit in the fund of the system of which he or she is a member from said system to the retirement system to which he or she wishes to transfer his or her membership and shall request the deposit of such accumulated contributions in the fund of the system he or she intends to join. The amount to be transferred shall be the member’s compensation multiplied by the actual fiscal year employer contribution rate that was in effect for each year of creditable service being transferred, plus any amount of contributions made by the member, if any. Upon transfer of membership and funds in accordance with the provisions of this section he or she shall receive credit in the system to which he or she has transferred for all accrued benefit rights based on service rendered prior to such transfer for which he or she was entitled to credit in the system from which he or she transferred.
(d) Upon becoming a member of the retirement system to which he or she has transferred, such person shall thereafter be eligible for such benefits or annuities as are provided by law in such retirement system, including the credits for previous service in the retirement system from which the person has transferred as provided in subsection (e) of this section. The average final compensation used to calculate the benefit payable at retirement shall be determined by using the earnable compensation that affords the highest consecutive years of earnings under either the system from which or to which he or she transferred. Except for the determination of the average final compensation as set forth in this subsection, the benefits for a member who transferred from one retirement system to another shall be calculated as follows:
(1) a member who transfers after July 1, 2007, and before June 30, 2008, shall have the option to have the service from the first system calculated according to the provisions of either the first or the second system at the time of retirement;
(2) a member who transfers on or before June 30, 2007, or on or after July 1, 2008, shall have his or her benefits calculated according to the provisions of the system or systems under which the benefits were accrued;
(3) when benefits calculated according to the provisions of two or more retirement systems are combined under this subsection, they may exceed the maximum percentage of average final compensation established for each plan.
(e) The Board of Trustees of the Vermont State Retirement System, the State Teachers’ Retirement System of Vermont and the Municipal Employees’ Retirement System are severally authorized to adopt rules as may be necessary to carry out the provisions of this section.
(f) Such provisions of subchapter 1 of this chapter, 16 V.S.A. chapter 55, and 24 V.S.A. chapter 125 as are inconsistent with the provisions hereof are hereby repealed to the extent of such inconsistency.
(g) If any provision of this section, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this section, nor provisions or applications of the statutes to which this section is in addition that can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
(Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41, § 21; 2007, No. 13, § 20; 2007, No. 137 (Adj. Sess.), § 3; 2025, No. 18, § 10, eff. May 13, 2025.)
(a) The State Treasurer shall offer a retirement plan for State employees who are not members of the classified system. The Plan shall qualify as a defined contribution plan under the U.S. Internal Revenue Code, as amended. Participation in such plan shall be in lieu of the retirement plans established under chapter 16 of this title.
(b) Employees who are not members of the classified system who are first employed by the State on and after January 1, 1999, and would otherwise be members of Group A, B, C, D, F, or G of the Vermont State Retirement System shall be eligible to participate in the Defined Contribution Retirement Plan.
(c) Employees who elect to participate in the Defined Contribution Retirement Plan shall contribute at the rate of 2.85 percent of the employee’s compensation for each payroll period. The State shall contribute to each employee’s account at the rate of seven percent of the employee’s compensation for each payroll period. Employees may make additional after-tax contributions to the plan, provided that total annual contributions by an employee and employer in any calendar year shall not exceed the maximum permitted for such plans under the U.S. Internal Revenue Code.
(d) Election to participate in the Defined Contribution Retirement Plan is irrevocable, unless:
(1) the employee becomes a classified employee and elects to transfer his or her membership and the full actuarial value of the accrued benefit calculated on a cost neutral basis to the Vermont State Retirement System; or
(2) the employee is appointed to a position that is eligible for membership in the Group D plan. Within 60 days of appointment, the employee may choose to participate in the Group D plan and cease participation in the defined contribution plan. Upon an election to participate in the Group D plan, the State Treasurer shall apply the funds accumulated in the employee’s defined contribution account toward purchasing retirement credit in the Group D plan by first applying the funds toward purchasing any Group D eligible credit earned from the date of the judicial appointment and then applying the funds toward purchasing credit in the retirement group plan or plans for which the employee would have formerly been eligible.
(e) An employee who elects to participate in the Defined Contribution Retirement Plan shall become vested in the Plan after completion of one year and 11 months of creditable service as a State employee.
(f) An employee who has elected to participate in the defined contribution plan and, after having accrued a minimum of five years of service, becomes disabled as determined by the Social Security Administration or by a State-purchased disability insurance policy while currently employed by the State, shall be entitled to continue the same health and dental benefits that are available to members of the Vermont State Retirement System who qualify for disability retirement benefits.
(g) Upon retirement, employees who elect to participate in the Defined Contribution Retirement Plan shall be entitled to the same life, dental, and health insurance benefits available to members of the Vermont State Retirement System.
(h) The State Treasurer shall certify to the Governor or Governor-Elect a statement of the percentage of the payroll of all participating employees sufficient to fund all operating expenses of the defined contribution retirement plan and all contributions of the State that will become due and payable during the next biennium. Contributions by the State shall be charged to the departmental appropriation from which the employees’ salaries are paid and shall be included in each departmental budgetary request.
(i) The Plan shall be administered by the State Treasurer who shall adopt rules necessary to implement and administer the provisions of this chapter.
(Added 1997, No. 129 (Adj. Sess.), § 1; amended 1999, No. 158 (Adj. Sess.), § 20; 2005, No. 151 (Adj. Sess.), § 1; 2005, No. 163 (Adj. Sess.), § 4; 2007, No. 146 (Adj. Sess.), § 2; 2019, No. 25, § 1, eff. May 16, 2019; 2023, No. 3, § 99, eff. March 20, 2023.)
As used in this chapter:
(1) “Commission” means the Vermont Pension Investment Commission.
(2) “Financial expert” means an individual with material expertise and experience in institutional fund management or other significant pension or other relevant financial expertise.
(3) “Independent” means an individual who does not have a direct or indirect material interest in the Plans.
(A) An individual has a direct or indirect material interest in the Plans if:
(i) the individual or the individual’s spouse is a beneficiary of any of the Plans; or
(ii) the individual or the individual’s spouse, parent, child, sibling, or in-law is or has been within the past five years an employee, director, owner, officer, consultant, or manager or had another material role with an entity servicing the Plans.
(B) An individual is considered an owner of a publicly traded company if the individual owns, directly or indirectly, five percent or more of a class of the company’s equity securities registered under the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.), as amended.
(4) “Plans” means the Vermont State Teachers’ Retirement System, the Vermont State Employees’ Retirement System, and the Vermont Municipal Employees’ Retirement System pursuant to section 472 of this title, 16 V.S.A. § 1943, and 24 V.S.A. § 5063.
(Added 2005, No. 50, § 2; amended 2007, No. 100 (Adj. Sess.), § 1; 2021, No. 75, § 1, eff. June 8, 2021.)
(a) Members. There is created the Vermont Pension Investment Commission, an independent commission, to comprise nine members as follows:
(1) one member and one alternate, elected by the employee and retiree members of the Board of the Vermont State Employees’ Retirement System;
(2) one member and one alternate, elected by the employee and retiree members of the Board of the Vermont State Teachers’ Retirement System;
(3) one member and one alternate, elected by the municipal employee and municipal official members of the Board of the Vermont Municipal Employees’ Retirement System;
(4) two members and one alternate, who shall each be a financial expert and independent, appointed by the Governor;
(5) the State Treasurer or designee, an ex-officio voting member;
(6) one member, appointed by the other eight members of the Commission, who shall serve as Chair of the Commission and at the pleasure of the Commission;
(7) one member representing a municipal employer, appointed by the Executive Director of the Vermont League of Cities and Towns; and
(8) one member representing a school employer, appointed by the Vermont School Boards Association.
(b) Training. Members and alternates of the Commission shall be required to participate in onboarding and ongoing periodic training in investments, securities, and fiduciary responsibilities as directed by the Commission. The Commission shall provide an annual report to the respective authorities responsible for electing and appointing members and alternates regarding attendance at Commission meetings and relevant educational programs attended.
(c) Member terms.
(1) Except as provided in subdivision (2) of this section and for the ex-officio members of the Commission, all members and alternates of the Commission shall serve staggered four-year terms. A vacancy created before the expiration of a term shall be filled in the same manner as the original appointment for the unexpired portion of the term. A member or alternate appointed to fill a vacancy created before the expiration of a term shall not be deemed to have served a term for the purpose of this subsection. Members and alternates of the Commission shall be eligible for reappointment and shall serve not more than three terms; provided, however, that a single term served as an alternate shall not be used to calculate a member’s total term limit. Members and alternates of the Commission may be removed only for cause. The Commission shall adopt rules pursuant to chapter 25 of this title to define the basis and process for removal.
(2) The Chair shall serve not more than 20 years on the Commission as a chair or Commission member. If the Chair is unable to perform his or her duties, the Commission shall elect an interim chair who shall be a financial expert and independent.
(3) Terms shall end on June 30 with new terms beginning on July 1.
(4) Notwithstanding subdivision (3) of this subsection, members and alternates shall serve until their successors are appointed subject to the term limits provided in this subsection.
(d) Chair and vice chair.
(1)(A) The Chair of the Vermont Pension Investment Commission shall have the financial, investment, leadership, and governance expertise as required by policies adopted by the Commission.
(B) The Chair shall be a nonvoting member, except in the case of a tie vote.
(2) The Vermont Pension Investment Commission shall elect a vice chair from among its members.
(e) Eligibility. No legislator who is currently serving in the General Assembly shall serve on the Commission.
(f) Meetings.
(1) Five members of the Commission shall constitute a quorum.
(2) If a member is not in attendance, the alternate of that member shall be eligible to act as a member of the Commission during the absence of the member.
(3) Five concurring votes shall be necessary for a decision of the Commission at any meeting of the Commission, except that any decision of the Commission relating to setting actuarial assumptions pursuant to subdivision 523(b)(1) of this title shall require six concurring votes.
(g) Leave time. Public employee members and alternates shall be granted reasonable leave time by their employers to attend Commission meetings and Commission-related educational programs.
(h) Compensation and reimbursements. Members and alternates of the Commission who are not public employees shall be entitled to per diem compensation as permitted in 32 V.S.A. § 1010 and reimbursement for all necessary expenses that they may incur through service on the Commission from the funds of the retirement systems. The Chair of the Commission may be compensated from the funds at a level as recommended by the other members of the Commission and approved through the State budget process.
(i) Assistance and expenses.
(1) The Commission may collect proportionally from the funds of the three retirement systems and any individual municipalities that have been allowed to invest their retirement funds pursuant to subsection 523(a) of this title, any expenses incurred that are associated with carrying out its duties, and any expenses incurred by the Treasurer’s office in support of the Commission.
(2) The Attorney General shall serve as legal advisor to the Commission.
(Added 2005, No. 50, § 2; amended 2007, No. 100 (Adj. Sess.), § 2; 2009, No. 139 (Adj. Sess.), § 3; 2021, No. 75, § 1, eff. June 8, 2021; 2021, No. 185 (Adj. Sess.), § E.134.1, eff. July 1, 2022; 2023, No. 53, § 4, eff. June 8, 2023.)
(a) General. The Vermont Pension Investment Commission shall be responsible for the investment of the assets of the Vermont State Teachers’ Retirement System, the Vermont State Employees’ Retirement System, and the Vermont Municipal Employees’ Retirement System pursuant to section 472 of this title, 16 V.S.A. § 1943, and 24 V.S.A. § 5063. The Commission shall strive to maximize total return on investment, within acceptable levels of risk for public retirement systems, in accordance with the standards of care established by the prudent investor rule under 14A V.S.A. § 902. The Commission may, in its discretion, subject to approval by the Attorney General, also enter into agreements with municipalities administering their own retirement systems to invest retirement funds for those municipal pension plans. The State Treasurer shall serve as the custodian of the funds of all three retirement systems. The Commission may, in its discretion, also enter into agreements with the State Treasurer to invest the State Employees’ Postemployment Benefits Trust Fund, established in section 479a of this title, and the Retired Teachers’ Health and Medical Benefits Fund, established in 16 V.S.A. § 1944b.
(b) Powers and duties. The Commission shall have the following duties:
(1) Set the following actuarial assumptions:
(A) the investment rate of return;
(B) the inflation rate; and
(C) the smoothing rate method used for the actuarial valuation of assets and returns.
(2) Not more than 180 days after the end of each fiscal year, conduct an asset allocation study that reviews the expected return of each fund, including a risk analysis using best practices methodologies to estimate potential risks to the fund’s asset values over a five-, 10-, and 20-year period and the remainder of the statutory amortization period. The study shall be submitted to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations and the Office of the Governor and made publicly available within 10 days of completion.
(c) Recordkeeping. The Commission shall keep a record of all its proceedings, which shall be open for public inspection.
(d) Policies. The Commission shall formulate policies and procedures deemed necessary and appropriate to carry out its functions, including a written statement of the responsibilities of and expectations for the Chair of the Commission and standards of conduct for members and employees of the Commission in order to maintain and promote public confidence in the integrity of the Commission. The standard of conduct policies shall prohibit members and employees from receiving or soliciting any gift, including meals, alcoholic beverages, travel fare, room and board, or any other thing of value, tangible or intangible, from any vendor or potential vendor of investment services, management services, brokerage services, and other services to the Commission.
(e) Contracts. Contracts approved by the Commission and related documents may be executed by the Chair or, in the Chair’s absence, the Vice Chair.
(f) Asset and liability study. Beginning on July 1, 2023, and every three years thereafter, based on the most recent actuarial valuations of each Plan, the Commission shall study the assets and liabilities of each Plan over a 20-year period. The study shall:
(1) project the expected path of the key indicators of each Plan’s financial health based on all current actuarial and investment assumptions; current contribution and benefit policies, including the Plans’ mark-to-market funded ratio; actuarially required contributions by source; payout ratio; and related liquidity obligations; and
(2) project the effect on each Plan’s financial health resulting from:
(A) possible material deviations from Plan assumptions in investment assumptions, including returns versus those expected and embedded in the actuary’s estimate of actuarially required contributions and any material changes in capital markets volatility; and
(B) possible material deviations from key plan actuarial assumptions, including retiree longevity, potential benefit increases, and inflation.
(g) Changes to actuarial rate of return. Any changes to the actuarial rate of return shall be made by the Commission.
(h) Annual reports.
(1) Beginning on January 15, 2022, and every year thereafter, the Commission shall submit to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations:
(A) a report on the performance of each Plan versus its demographic investment and other actuarial assumptions over a three-, five-, seven-, and 10-year period and the funding ratio of each Plan to each Plan beneficiary at the end of each fiscal year; and
(B) a report on the status of the funding and investment performance of each Plan and any relevant information from the asset liability and scenario testing completed during the prior fiscal year.
(2) The Commission shall send to each participant or beneficiary of each Plan a written or electronic copy of the report described in subdivision (1) of this subsection, in the format authorized by the participant or beneficiary. The report shall be consolidated with any other reports required to be sent by the Commission to the participants or beneficiaries of each Plan.
(Added 2005, No. 50, § 2; amended 2005, No. 215 (Adj. Sess.), § 277b; 2007, No. 100 (Adj. Sess.), § 3; 2007, No. 176 (Adj. Sess.), § 18, May 28, 2008; 2009, No. 139 (Adj. Sess.), § 4; 2019, No. 120 (Adj. Sess.), § A.13, eff. June 30, 2020; 2021, No. 75, § 1, eff. June 8, 2021; 2021, No. 114 (Adj. Sess.), § 16, eff. July 1, 2022.)
(a) Creation. There is hereby created the Vermont Pension Investment Commission Special Fund, administered by the Vermont Pension Investment Commission, for the purpose of receiving funds transferred to the Commission pursuant to subsection 522(i) of this title. Monies in the Fund shall be used to pay expenses associated with carrying out the Commission’s duties.
(b) Funds. The Fund shall consist of:
(1) any amounts collected and transferred by the three retirement systems and any individual municipalities that have been allowed to invest their retirement funds pursuant to subsection 523(a) of this title;
(2) any amounts transferred or appropriated to it by the General Assembly; and
(3) any interest earned by the Fund.
(Added 2021, No. 185 (Adj. Sess.), § E.134.2, eff. July 1, 2022; amended 2023, No. 3, § 106a, eff. March 20, 2023.)
The Department of Human Resources shall conduct and implement a market factor analysis for all classified positions within the Vermont Pension Investment Commission not later than January 15, 2026, and every three years thereafter. The market factor analysis may:
(1) follow all policies and procedures established by the Department of Human Resources for conducting market factor analyses;
(2) compare total compensation for comparable positions in relevant public labor markets, with particular attention to other public pension investment organizations of similar asset size and investment complexity;
(3) consider the specialized skills, education, certifications, and experience required for investment-related positions;
(4) evaluate recruitment and retention challenges specific to these positions;
(5) recommend appropriate market factor adjustments when warranted by the analysis; and
(6) include an assessment of the fiscal impact of any recommended market factor adjustments.
(Added 2025, No. 27, § E.134.1, eff. July 1, 2025.)
As used in this chapter:
(1) “Contribution level” means the contribution rate for the participant that may be expressed as one of the following:
(A) A percentage of the participant’s taxable wages as is required to be reported under Sections 6041 and 6051 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.
(B) A dollar amount up to the maximum deductible amount for the participant’s taxable year under Section 219(b)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.
(C) In the absence of an affirmative election by the participant, five percent of the participant’s taxable wages as is required to be reported under Sections 6041 and 6051 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time. The contribution level of a participant who customarily and regularly receives gratuities in conjunction with the participant’s employment shall be a percentage of such participant’s wages as is required to be reported under Sections 6041 and 6051 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.
(2) “Covered employee” means an individual who is 18 years of age or older who is employed by a covered employer and who has wages or other compensation that are allocable to the State during a calendar year. A covered employee may include a part-time, seasonal, or temporary employee only to the extent permitted in rules adopted by the Treasurer. A covered employee shall not include:
(A) any employee covered under the federal Railway Labor Act, 45 U.S.C § 151;
(B) any individual who is an employee of the federal government, the State or any other state, any county or municipal corporation, or any of the State’s or any other state’s units or instrumentalities; or
(C) any employee on whose behalf an employer makes contributions to a Taft-Hartley multiemployer pension trust fund.
(3) “Covered employer” means a person, entity, or subsidiary engaged in a business, industry, profession, trade, or other enterprise in the State, whether for profit or not for profit, that does not currently offer to an employee, or is within a control group that maintains or contributes to, a specified tax-favored retirement plan. If an employer does not maintain a specified tax-favored retirement plan for a portion of a calendar year ending on or after the effective date of this chapter but does adopt such a plan for the remainder of that calendar year, the employer is not a covered employer for the remainder of the year. A covered employer does not include:
(A) the federal government, the State or any other state, any county or municipal corporation, or any of the State’s or any other state’s units or instrumentalities;
(B) any employer that has only been in business during the current calendar year.
(4) “ERISA” means the federal Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C § 1001 et seq.
(5) “Internal Revenue Code” means the U.S. Internal Revenue Code of 1986, as amended.
(6) “IRA” means a traditional IRA or a Roth IRA.
(7) “Participant” means an individual who has an IRA under the Program.
(8) “Payroll deduction IRA or payroll deduction IRA arrangement” means an arrangement by which an employer allows employees to contribute to an IRA by means of payroll deduction.
(9) “Program” means the Vermont Saves Program established in accordance with this chapter.
(10) “Roth IRA” means a Roth individual retirement account or Roth individual retirement annuity described in Section 408A of the Internal Revenue Code.
(11) “Specified tax-favored retirement plan” means a plan, program, or arrangement that is tax qualified under or described in, and satisfies the requirements of, Section 401(a), Section 401(k), Section 403(a), Section 403(b), Section 408(k), Section 408(p), or Section 457(b) of the Internal Revenue Code, without regard to whether it constitutes an employee benefit plan under ERISA.
(12) “Traditional IRA” means a traditional individual retirement account or traditional individual retirement annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code.
(13) “Trust” means the trust in which the assets of the Program are held.
(14)(A) “Vendor” means:
(i) a federally regulated retirement plan sponsor conducting business in the State, including a federally regulated investment company, program administrator, custodian or trustee, or an insurance company; or
(ii) a company conducting business in the State to:
(I) provide ancillary services, including technological, payroll, or recordkeeping services; and
(II) offer retirement plans or payroll deposit individual retirement account arrangements using products of regulated retirement plan sponsors.
(B) “Vendor” does not mean individual registered representatives, brokers, financial planners, or agents.
(15) “Vermont Retirement Security Fund” means the fund established in section 534 of this chapter for the sole purpose of paying the administrative costs and expenses of the Program.
(16) “Wages” means any compensation within the meaning of Section 219(f)(1) of the Internal Revenue Code that is received by an employee from an employer during a calendar year.
(Added 2023, No. 43, § 1, eff. July 1, 2023; amended 2025, No. 27, § E.131, eff. July 1, 2025.)
(a) Establishment; purpose. There is established the Vermont Saves Program (Program), administered by the Office of the State Treasurer, for the purpose of increasing financial security for Vermonters by providing access to an IRA for Vermont employees of companies that do not currently offer a retirement savings program. The Program shall be designed to facilitate portability of benefits through withdrawals, rollovers, and direct transfers from an IRA and achieve economies of scale and other efficiencies to minimize costs. The Program shall:
(1) allow a covered employee to contribute to an IRA under the Program, which may be contributed through a payroll deduction; and
(2) notwithstanding any other provision of law to the contrary, require each covered employer to offer its covered employees the choice to contribute to a payroll deduction IRA by automatically enrolling them in the payroll deduction IRA with the opportunity to opt out.
(b) Type of IRA. The type of IRA to which contributions are made pursuant to subsection (a) of this section shall be a Roth IRA; provided, however, the State Treasurer is authorized to add an option for all participants to:
(1) affirmatively elect to contribute to a traditional IRA instead of a Roth IRA; or
(2) open both a Roth IRA and a traditional IRA.
(c) Contributions.
(1) Unless otherwise specified by the covered employee, a covered employee shall automatically initially contribute five percent of the covered employee’s salary or wages to the Program. A covered employee may elect to opt out of the Program at any time or contribute at any higher or lower rate, expressed as a percentage of salary or wages, or, as permitted by the State Treasurer, expressed as a flat dollar amount, subject in all cases to the IRA contribution and eligibility limits applicable under the Internal Revenue Code at no additional charge.
(2) The State Treasurer shall provide for, on a uniform basis, an annual increase of each active participant’s contribution rate, by not less than one percent, but not more than eight percent, of salary or wages each year. Any such increases shall apply to active participants, including participants by default with an option to opt out or participants who are initiated by affirmative participant election, provided that any increase is subject to the IRA contribution and eligibility limits applicable under the Internal Revenue Code.
(3) The Treasurer shall provide for direct deposit of contributions into investments under the Program, including a default investment such as a series of target date funds, and a limited number of investment alternatives, including a principal preservation option.
(4) Contributions by a covered employer are not required or permitted under the Program.
(5) Each participant owns the contributions to, and earnings on, amounts contributed to the participant’s account under the Program. The State and covered employers have no proprietary interest in those contributions or earnings.
(d) Administration. The Treasurer shall administer and implement the provisions of this chapter or contract with a vendor to administer the Program and manage the investments in accordance with this chapter, pursuant to the following:
(1) The Program shall be designed and implemented in a manner consistent with federal law to the extent that it applies and consistent with the Program not being preempted by, and the payroll deduction IRAs and covered employers not being subject to, ERISA.
(2) The costs and expenses incurred to initiate, implement, maintain, manage, and administer the Program and its investments are paid or defrayed from investment returns or assets of the Program or through fees, charges, or funds, whether account based, asset based, per capita, or otherwise, to the extent permitted under federal and State law.
(3) The Treasurer shall establish the following processes and requirements to administer the Program:
(A) processes for enrollment and contributions to an IRA under the Program, including:
(i) withholding by covered employers of employee payroll deduction contributions from wages and remittance for deposit to an IRA;
(ii) automatic enrollment in a payroll deduction IRA and opt-outs by covered employees, including self-employed individuals and independent contractors, through payroll deduction or otherwise; and
(iii) the making of default contributions using default investments and participant selection of alternative contribution rates or amounts and alternative investments from among the options offered under the Program;
(B) processes for phasing in enrollment of eligible individuals, including phasing in enrollment of covered employees by size or type of covered employer;
(C) processes for a participant to make nonpayroll contributions to accounts under the Program;
(D) processes for an employer to be determined to be exempt from the Program because the employer sponsors a specified tax-favored retirement plan; and
(E) requirements for the determination of whether a part-time, seasonal or temporary employee is a covered employee eligible to participate in the Program.
(e) Records and accounting. The Treasurer shall maintain separate records and accounting for each account under the Program and allow for participants to maintain their accounts regardless of place of employment and to roll over funds into other IRAs or other retirement accounts.
(f) Reports. Annually, the Treasurer shall send a report to each participant detailing the status of the participant’s account. Each participant shall also be granted frequent or continual online access to information on the status of that participant’s account.
(g) Outreach and disclosures. The Treasurer shall conduct outreach to individuals, employers, other stakeholders, and the public regarding the Program, including specifying the contents, frequency, timing, and means of required disclosures from the Program to covered employees, participants, other individuals eligible to participate in the Program, covered employers, and other interested parties.
(h) Participant accounts.
(1) Interest, investment earnings, and investment losses shall be allocated to each participant’s individual retirement account.
(2) A participant’s benefit under the Program shall be equal to the balance in such participant’s individual retirement account as of any applicable measurement date prescribed by the Program.
(i) Program assets.
(1) The Treasurer is authorized to establish a trust or custodial accounts meeting the requirements of Section 408(a) or (c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or any other applicable federal law requirements for Program participants’ investments and assets. Any trust established pursuant to this chapter shall be considered an instrumentality of the State and shall not be subject to ERISA.
(2) No assets of the Program or Fund as set forth in section 534 of this chapter shall be transferred to the General Fund or to any other fund of the State or otherwise encumbered or used for any other purpose.
(3) All contributions to an IRA under the Program shall be used only to pay benefits to participants, to pay the cost of administering the Program, or to make investments for the benefit of the Program.
(j) Fees.
(1) The Treasurer may require that each participant be charged a fee to defray Program costs. The amount and method of collection of such fee shall be determined by the Treasurer, provided that the fee shall not exceed $30.00 per participant in each calendar year.
(2) No employer shall be required to fund or be responsible for collecting fees from participants.
(Added 2023, No. 43, § 1, eff. July 1, 2023; amended 2023, No. 87 (Adj. Sess.), § 78, eff. March 13, 2024; 2025, No. 27, § E.131, eff. July 1, 2025.)
In carrying out the purposes of this chapter, the Treasurer:
(1) May adopt such rules, pursuant to the Vermont Administrative Procedure Act, as the Treasurer determines to be necessary or advisable for the implementation and general administration and operation of the Program, including rules governing:
(A) the distribution of funds from the Program and promoting portability of benefits, including the ability to make tax-free rollovers or transfers from IRAs under the Program to other IRAs or to tax-qualified plans that accept such rollovers or transfers; and
(B) that each participant’s initial contributions, up to a specified dollar amount or for a specified period of time, are required to be invested in a principal preservation investment or must be defaulted into such an investment, unless the participant affirmatively opts for a different investment for those contributions.
(2) May make and enter into contracts, agreements, memoranda of understanding, arrangements, partnerships, or other arrangements to collaborate, cooperate, coordinate, contract, or combine resources, investments, or administrative functions with other governmental entities, including states or their agencies or instrumentalities that maintain or are establishing retirement savings programs compatible with the Program, including collective, common, or pooled investments with other funds of other states’ programs with which the assets of the Program and Trust are permitted by law to be collectively invested, to the extent necessary or desirable for the effective and efficient design, administration, and implementation of the Program. The Treasurer is authorized to use sole source or simplified bid processes as may be consistent with the purposes of this chapter.
(3) May contract with financial institutions, a trustee, a record keeper, investment managers, investment advisors, other administrative, professional and expert advisors and service providers or other organizations offering or servicing retirement programs.
(4) Shall establish criteria and guidelines for the Program to offer qualified retirement investment choices.
(5) Shall cause the Program and accounts established under the Program to be designed, established, invested, and operated in accordance with best practices for retirement savings accounts and to avoid preemption of the Program by federal law.
(6) May apply for and accept any grants, gifts, legislative appropriations, loans, and other funds from the State, any unit of federal, state, or local government or any other person, firm, or entity to defray Program costs.
(7) Shall evaluate the need for, and procure if necessary, insurance against any loss in connection with the property, assets, or activities of the Program as well as establish procedures for abandoned accounts pursuant to 27 V.S.A. chapter 13.
(8) Shall enter into agreement with the Vermont Department of Taxes to:
(A) facilitate the checking of Program eligibility for employers and employees; and
(B) pursuant to 32 V.S.A. § 3102(e), share tax return information sufficient to verify wages to determine the ability of an individual to be covered by the Program.
(9) May enter into an intergovernmental agreement or memorandum of understanding with any agency or instrumentality of the State to receive outreach, technical assistance, enforcement, and compliance services; collection or dissemination of information pertinent to the Program, subject to such obligations of confidentiality as may be agreed to or required by law; or other services or assistance. The State and any agencies or instrumentalities of the State that enter into such agreements or memoranda of understanding shall collaborate to provide the outreach, assistance, information, and compliance or other services or assistance to the Program. The agreements or memoranda of understanding may cover the sharing of costs incurred in gathering and disseminating information and the reimbursement of costs for any enforcement activities or assistance.
(10) Discharge the Treasurer’s duties as fiduciary with respect to the Program solely in the interest of the Participants as follows: for the exclusive purpose of providing benefits to Participants and defraying reasonable expenses of administering the Program and with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.
(Added 2023, No. 43, § 1, eff. July 1, 2023.)
(a) There is established the Vermont Retirement Security Fund to be administered by the State Treasurer.
(b) The Fund shall consist of the following:
(1) any monies appropriated to the Fund by the General Assembly;
(2) any monies transferred to the Fund from the federal government, other state agencies, or other governmental source;
(3) any monies from the payment of fees, penalties, and the payment of other money due to the Program; and
(4) any gifts, grants, or donations made to the Fund and any gifts, grants, donations, or investments received by the Treasurer.
(c) The Treasurer shall credit to the Fund all interest and income derived from the deposit and investment of monies in the Fund.
(d) Any unexpended and unencumbered monies at the end of a fiscal year shall remain in the Fund.
(Added 2023, No. 43, § 1, eff. July 1, 2023.)
(a) Failure to comply. If a covered employer fails to be in compliance with this chapter without reasonable cause, the covered employer is subject to a penalty for each covered employee for each calendar year or portion of a calendar year during which the covered employee was not enrolled in the Program or had not opted out of participation in the Program. The amount of any penalty imposed on a covered employer for the failure to enroll a covered employee without reasonable cause is determined as follows:
(1) prior to October 1, 2025, the maximum penalty per covered employee is $10.00;
(2) beginning on October 1, 2025 and ending on September 30, 2026, the maximum penalty per covered employee is $20.00;
(3) on or after October 1, 2026, the maximum penalty per covered employee is $75.00.
(b) Waivers. The Treasurer is authorized to establish a rule waiving the penalty for a covered employer that fails to be in compliance with this chapter for which it is established that the covered employer did not know that the failure existed and exercised reasonable diligence to meet the requirements of this chapter, provided that:
(1) no penalty shall be imposed on any failure for which it is established that the covered employer subject to liability for the penalty did not know that the failure existed and exercised reasonable diligence to meet the requirements of this chapter;
(2) no penalty shall be imposed on any failure if:
(A) the covered employer subject to liability for the penalty exercised reasonable diligence to meet those requirements; and
(B) the covered employer complies with the requirements set forth in subdivision (1) of this subsection (b) with respect to each covered employee by the end of the 90-day period beginning on the first date the covered employer knew, or exercising reasonable diligence would have known, that the failure existed; and
(3) in the case of a failure that is due to reasonable cause and not to willful neglect, the Treasurer may waive all or part of the penalty to the extent that the payment of the penalty would be excessive or otherwise inequitable relative to the failure involved.
(Added 2023, No. 43, § 1, eff. July 1, 2023; amended 2023, No. 87 (Adj. Sess.), § 78, eff. March 13, 2024; 2025, No. 18, § 11, eff. May 13, 2025.)
(a) Employer protection from liability.
(1) A covered employer shall not be considered a fiduciary in relation to the Program.
(2) A covered employer or other employer shall not be liable for and shall not bear responsibility for:
(A) any employee’s decision to participate in or opt out of the Program;
(B) any investment decisions of any participant;
(C) the administration, investment, investment returns, or investment performance of the Program, including any interest rate or other rate of return on any contribution or account balance;
(D) the Program design or the benefits paid to participants;
(E) an individual’s awareness of or compliance with the conditions and other provisions of the tax laws that determine which individuals are eligible to make tax-favored contributions to an IRA, in what amount and in what time frame and manner; or
(F) any loss, deficiency, failure to realize any gain, or any other adverse consequences, including any adverse tax consequences or loss of favorable tax treatment, public assistance, or other benefits, incurred by any person as a result of participating in the Program.
(b) Protection for the State and others. The Treasurer and Program:
(1) have no responsibility for compliance by individuals with the conditions and other provisions of the Internal Revenue Code that determine which individuals are eligible to make tax-favored contributions to IRAs, in what amount, and in what time frame and manner;
(2) have no duty, responsibility, or liability to any party for the payment of any benefits under the Program, regardless of whether sufficient funds are available under the Program to pay such benefits;
(3) shall not guarantee any interest rate or other rate of return on or investment performance of any contribution or account balance; and
(4) shall not be liable or responsible for any loss, deficiency, failure to realize any gain, or any other adverse consequences, including any adverse tax consequences or loss of favorable tax treatment, public assistance, or other benefits, incurred by any person as a result of participating in the Program.
(Added 2023, No. 43, § 1, eff. July 1, 2023.)
The Treasurer shall establish policies and procedures, consistent with the Vermont Public Records Act and other statutory provisions, for the Program participants’ personal and confidential information.
(Added 2023, No. 43, § 1, eff. July 1, 2023.)
Beginning on January 15, 2024, and annually thereafter, the Treasurer shall submit a report to the Governor and the House Committees on Commerce and Economic Development and on Government Operations and Military Affairs and the Senate Committees on Economic Development, Housing and General Affairs and on Government Operations detailing the activities, operations, receipts, and expenditures of the Program during the preceding calendar year, and any other information regarding the Program. The report shall include, as applicable, the number of participants, the investment options, rates of return, and the projected activities of the Program for the current calendar year.
(Added 2023, No. 43, § 1, eff. July 1, 2023.)
In order to extend to employees of the State and its political subdivisions and to the dependents and survivors of those employees the basic protection accorded to others by the Old Age and Survivors Insurance System embodied in the Social Security Act, the State of Vermont authorizes and empowers the Treasurer of the State as a State agency to enter into appropriate agreements with the Secretary of Health and Human Services for the purpose of making available under the provisions of this chapter, to employees of the State and its political subdivisions, the benefits of the Social Security Act. It is also the policy of the General Assembly that the federal-State agreement permitted by this chapter be made applicable to the services of all employees of the State of Vermont to the extent and in the manner permitted by the federal Social Security Act.
(Amended 2025, No. 18, § 12, eff. May 13, 2025.)
For the purposes of this chapter:
(1) “Employee” includes an officer of a State or political subdivision thereof;
(2) “Employment” means any service performed by any employee in the employ of the State, or any political subdivision thereof, for such employer, except (1) service that in the absence of an agreement entered into under this chapter would constitute “employment” as defined in the Social Security Act; or (2) service that under the Social Security Act may not be included in an agreement between the State and the Secretary of Health and Human Services entered into under this chapter. Service that under the Social Security Act may be included in an agreement only upon certification by the Governor in accordance with Section 218(d)(3) or 218(d)(7) of that Act shall be included in the term “employment” if and when the Governor issues, with respect to such service, a certificate to the Secretary of Health and Human Services pursuant to subsection 578(b) of this title.
(3) “Federal Insurance Contributions Act” means subchapter A of chapter 9 of the federal Internal Revenue Code of 1939 and subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1954, as such codes have been and may from time to time be amended; and the term “employee tax” means the tax imposed by Section 1400 of such Code of 1939 and Section 3101 of such Code of 1954.
(4) “Political subdivision” includes an instrumentality of a state, of one or more of its political subdivisions, or of a state and one or more of its political subdivisions, but only if such instrumentality is a juristic entity that is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision.
(5) “Secretary of Health and Human Services” includes any individual to whom the Secretary of Health and Human Services has delegated any of his or her functions under the Social Security Act with respect to coverage under such act of employees of states and their political subdivisions, and with respect to any action taken prior to April 11, 1953, includes the Federal Security Administrator and any individual to whom such Administrator had delegated any such function.
(6) “Social Security Act” means the act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the “Social Security Act,” including regulations and requirements issued pursuant thereto, as such Act has been and may from time to time be amended.
(7) “State agency” means the State Treasurer.
(8) “Wages” means all remuneration for employment as defined in subdivision (2) of this section, including the cash value of all remuneration paid in any medium other than cash, except that wages shall not include that part of such remuneration that, even if it were for “employment” within the meaning of the federal Insurance Contributions Act, would not constitute “wages” within the meaning of that Act.
(Amended 1963, No. 164, § 1, eff. June 25, 1963; 2025, No. 18, § 12, eff. May 13, 2025.)
(a) The State agency, with the approval of the Governor, is hereby authorized to enter on behalf of the State into an agreement with the Secretary of Health and Human Services, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the federal Old Age and Survivors Insurance System to employees of the State or any political subdivision thereof with respect to services specified in such agreement that constitute “employment” as defined in section 572 of this title. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification, and termination of the agreement, administration, and other appropriate provisions as the State agency and Secretary of Health and Human Services shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, such agreement shall provide in effect that:
(1) Benefits will be provided for employees whose services are covered by the agreement and their dependents and survivors on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act;
(2) The State will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in section 572 of this title), equal to the sum of the taxes that would be imposed by the federal Insurance Contributions Act if the services covered by the agreement constituted employment within the meaning of that Act;
(3) Such agreement or any modification of such agreement shall be effective with respect to services in employment covered by the agreement or any modification of such agreement after the date specified therein in accordance with Section 218 of the Social Security Act;
(4) All services that constitute employment as defined in section 572 of this title and are performed in the employ of the State by employees of the State, shall be covered by the agreement;
(5) All services that (A) constitute employment as defined in section 572 of this title; (B) are performed in the employ of a political subdivision of the State; and (C) are covered by a plan that is in conformity with the terms of the agreement and has been approved by the State agency under section 575 of this title, shall be covered by the agreement;
(6) As modified, the agreement shall include all services described in either subdivision (4) or subdivision (5) of this subsection and performed by individuals to whom Section 218(c)(3)(C) of the Social Security Act is applicable, and shall provide that the service of any such individual shall not continue to be covered by the agreement in case he or she thereafter becomes eligible to be a member of a Retirement System except as provided by subdivision (7) hereof; and
(7) As modified, the agreement shall include all services described in either subdivision (4) or subdivision (5) of this subsection and performed by individuals in positions covered by a Retirement System with respect to which the Governor has issued a certificate to the Secretary of Health and Human Services pursuant to subsection 578(b) of this title.
(b) Any instrumentality jointly created by this State and any other state or states is hereby authorized, upon the granting of like authority by such other state or states, (1) to enter an agreement with the Secretary of Health and Human Services whereby the benefits of the federal Old Age and Survivors Insurance System shall be extended to employees of such instrumentality; (2) to require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts that they would be required to pay under subsection 574(a) of this title if they were covered by an agreement made pursuant to subsection (a) of this section; and (3) to make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements. Such agreement shall, to the extent practicable, be consistent with the terms and provisions of subsection (a) and other provisions of this chapter.
(Amended 1959, No. 204.)
(a) Every employee of the State whose services are covered by an agreement entered into under section 573 of this title shall be required to pay for the period of such coverage, into the Contribution Fund established by section 576 of this title, contributions, with respect to wages as defined in section 572 of this title, equal to the amount of the employee tax that would be imposed by the federal Insurance Contributions Act if such services constituted employment within the meaning of that Act. Such liability shall arise in consideration of the employee’s retention in the service of the State, or his or her entry upon such service, after April 26, 1951.
(b) The contribution imposed by this section shall be collected by deducting the amount of the contribution from the wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
(c) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the State agency shall prescribe.
(a) Each political subdivision of the State, acting through its legislative branch in the case of a municipality, or through its governing body in the case of an instrumentality, is authorized, and in the case of any political subdivision employing teachers is required, to submit for approval by the State agency a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of the Social Security Act, to employees of such political subdivision. Each plan and any amendment to that plan shall be approved by the State agency if it finds that the plan, or the plan as amended, is in conformity with the requirements as are provided in rules of the State agency, except that no such plan shall be approved unless:
(1) it is in conformity with the requirements of the Social Security Act and with the agreement entered into under section 573 of this title;
(2) it provides that all services that constitute employment as defined in section 572 of this title and are performed in the employ of the political subdivision by employees thereof, shall be covered by the plan, except that it may exclude services performed by individuals to whom Section 218(c)(3)(B) of the Social Security Act is applicable;
(3) it specifies the source or sources from which the funds necessary to make the payments required by subdivision (c)(1) of this section and by subsection (d) of this section are expected to be derived and contains reasonable assurance that such sources will be adequate for such purposes;
(4) it provides for such methods of administration of the plan by the political subdivision as are found by the State agency to be necessary for the proper and efficient administration of the plan;
(5) it provides that the political subdivision will make such reports, in such form and containing such information, as the State agency may from time to time require, and comply with such provisions as the State Agency or the Secretary of Health and Human Services may from time to time find necessary to ensure the correctness and verification of such reports; and
(6) it authorizes the State agency to terminate the plan in its entirety, in the discretion of the State agency, if it finds that there has been a failure to comply substantially with any provisions contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by rules of the State agency and may be consistent with the provisions of the Social Security Act.
(b) The State agency shall not finally refuse to approve a plan submitted by a political subdivision under subsection (a) of this section, and shall not terminate an approval plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby.
(c)(1) Each political subdivision as to which a plan has been approved under this section is authorized to and shall pay into the Contribution Fund, with respect to wages, at such time or times as the State agency may by rule prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the State agency under section 573 of this title.
(2) Each political subdivision required to make payments under subdivision (1) of this subsection is authorized, in consideration of the employee’s retention in, or entry upon, employment after April 26, 1951, to impose upon each of its employees, as to services that are covered by an approved plan, a contribution with respect to his or her wages as defined in section 572 of this title, not exceeding the amount of the employee tax that would be imposed by the federal Insurance Contributions Act if such services constituted employment within the meaning of that Act, and to deduct the amount of such contribution from his or her wages as and when paid. Contributions so collected shall be paid into the Contribution Fund in partial discharge of the liability of such political subdivision or instrumentality under subdivision (1) of this subsection. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.
(d) Delinquent payments due under subdivision (c)(1) of this section may, with interest at the rate of six percent per annum, be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may be deducted, with interest, by, or at the request of, the State Treasurer from any other monies payable to such subdivision by any department or agency of the State.
(Amended 1981, No. 41, § 22; 2025, No. 18, § 12, eff. May 13, 2025.)
(a) There is hereby established a special fund to be known as the Contribution Fund. Such Fund shall consist of and there shall be deposited in such Fund: (1) all contributions, interest, and penalties collected under sections 574 and 575 of this title; (2) all monies appropriated thereto under this chapter; (3) any property or securities and earnings thereof acquired through the use of monies belonging to the Fund; (4) interest earned upon any monies in the Fund; and (5) all sums recovered upon the bond of the custodian or otherwise for losses sustained by the Fund and all other monies received for the Fund from any other source. All monies in the Fund shall be mingled and undivided. Subject to the provisions of this chapter, the State agency is vested with full power, authority, and jurisdiction over the Fund, including all monies and property or securities belonging thereto, and may perform any and all acts, whether or not specifically designated, that are necessary to the administration thereof and are consistent with the provisions of this chapter.
(b) The Contribution Fund shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purpose of this chapter. Withdrawals from such Fund shall be made for, and solely for (1) payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under section 573 of this title; (2) payment of refunds provided for in subsection 574(c) of this title; and (3) refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality.
(c) From the Contribution Fund the custodian of the Fund shall pay to the Secretary of the Treasury such amounts and at such time or times as is provided under the terms of the agreement entered into under section 573 of this title and the Social Security Act.
(d) The Treasurer of the State shall be ex officio treasurer and custodian of the Contribution Fund and shall administer such fund in accordance with the provisions of this chapter. The State Treasurer may appoint a director and other assistants as he or she may deem necessary to administer this chapter and fix their salaries, under the provisions of section 310 of this title, with the approval of the Governor.
(e) There are hereby authorized to be appropriated annually to the Contribution Fund, in addition to the contributions collected and paid into the Contribution Fund under sections 574 and 575 of this title, to be available for the purposes of subsections (b) and (c) of this section until expended, such additional sums as are found to be necessary in order to make the payments to the Secretary of the Treasury that the State is obligated to make pursuant to an agreement entered into under section 573 of this title.
(Amended 2003, No. 122 (Adj. Sess.), § 294c.)
The State agency shall adopt rules, consistent with the provisions of this chapter, as it finds necessary or appropriate for the efficient administration of the functions with which it is charged under this chapter.
(Amended 2025, No. 18, § 12, eff. May 13, 2025.)
(a) The Governor is empowered to authorize a referendum in accordance with the requirements of Section 218(d)(3) of the Social Security Act or to authorize a vote to be held according to Section 218(d)(6)(C) and Section 218(d)(7) of the Social Security Act on the question of whether service in positions covered by a retirement system established by the State or by a political subdivision thereof should be excluded from or included under an agreement under this chapter, and to designate an agency or individual to supervise the conduct of such referendum or vote. Where a vote is held according to Sections 218(d)(6)(C) and 218(d)(7) of the Social Security Act, the Retirement System shall be divided into two parts. One part, Part A, shall be composed of the positions of members who in such vote have expressed a desire to have their services in such positions included under the agreement and of the positions of all individuals who become members of such System after the agreement is extended to include the service of those members who have expressed a desire to be covered under the Social Security Act, and the other part, Part B, shall be composed of the positions of members who have not expressed a desire in such vote to have their services included under the agreement and the positions of any individual who was ineligible to be a member of such retirement system on August 1, 1956 or, if later, on the day he or she first occupied such position. The notice of referendum required by Section 218(d)(3)(C) of the Social Security Act or the notice of the vote required by Section 218(d)(7)(B) of the Social Security Act shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the conduct of the referendum or the vote shall deem necessary and sufficient to inform individuals to whom such notice is given of the rights that will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this chapter.
(b) Upon receiving evidence satisfactory to him or her that with respect to any such referendum or any such vote the conditions specified in Section 218(d)(3) or in Section 218(d)(7), respectively of the Social Security Act have been met, the Governor shall so certify to the Secretary of Health and Human Services.
(c) Where a Retirement System covers positions of employees of the State and positions of employees of one or more political subdivisions of the State, or covers positions of employees of two or more political subdivisions of the State, then, for purposes of this section, there may, in accordance with a determination by the State agency, be deemed to be a separate Retirement System with respect to any one or more of the political subdivisions concerned and, where the Retirement System covers positions of employees of the State, a separate Retirement System with respect to the State or with respect to the State and any one or more of the political subdivisions concerned.
(Amended 1963, No. 164, § 2, eff. June 25, 1963.)
(a) Employees not members of a retirement system. The Commissioner of Finance and Management is hereby directed to issue his or her warrant in favor of the Vermont State Treasurer, agent, for the amounts necessary to pay the State’s share of the contribution due the federal government as the result of such agreement being made applicable to the services of employees of the State who are not members of a State retirement system. The contribution of the State to cover members whose salaries are paid from other than the General Fund appropriation shall be paid from the department appropriation from which such members’ salaries are paid. It is further directed that after July 1, 1957, these amounts be charged back to the individual departmental appropriations.
(b) Members of Vermont Employees’ Retirement System. The Commissioner of Finance and Management is hereby directed to issue his or her warrant in favor of Vermont State Treasurer, agent, for the amounts necessary to pay the employer’s share of the old age and survivors insurance tax due the federal government as the result of the coverage agreement authorized by this chapter being extended to employees of the State who are members of the Vermont Employees’ Retirement System. It is further directed that after July 1, 1957 this tax be charged back to the individual departmental appropriations.
(c) Members of Vermont State Retirement System. The Commissioner of Finance and Management is hereby directed to issue his or her warrant in favor of Vermont State Treasurer, agent, for the amounts necessary to pay the employer’s share of the old age and survivors insurance tax due the federal government as the result of the coverage agreement authorized by this chapter being extended to employees of the State who are members of the Vermont State Retirement System and who were not subject to the provisions of subsection (b) of this section as in effect on June 30, 1972. It is further directed that after July 1, 1972 this tax be charged back to the individual departmental appropriations.
(Amended 1971, No. 231 (Adj. Sess.), § 3; 1983, No. 195 (Adj. Sess.), § 5(b).)
As used in this chapter:
(1) “Designated beneficiary” means an individual born on or after July 1, 2024 who was eligible at birth for coverage in the Dr. Dynasaur program established in accordance with Title XIX (Medicaid) and Title XXI (SCHIP) of the Social Security Act or for coverage available pursuant to 33 V.S.A. chapter 19, subchapter 9.
(2) “Eligible expenditure” means an expenditure associated with any of the following, each as prescribed by the Treasurer:
(A) education of a designated beneficiary;
(B) purchase of a dwelling unit or real property in Vermont by a designated beneficiary;
(C) investment in a business in Vermont by a designated beneficiary; or
(D) investment or rollover in a qualified retirement account, Section 529 account, or Section 529A account established for the benefit of a designated beneficiary.
(3) “Trust” means the Vermont Baby Bond Trust established by this chapter.
(Added 2023, No. 184 (Adj. Sess.), § 17, eff. July 1, 2024.)
(a) There is established the Vermont Baby Bond Trust, to be administered by the Office of the State Treasurer. The Trust shall constitute an instrumentality of the State and shall perform essential governmental functions as provided in this chapter. The Trust shall receive and hold until disbursed in accordance with section 607 of this title all payments, deposits, and contributions intended for the Trust; as well as gifts, bequests, and endowments; federal, State, and local grants; any other funds from any public or private source; and all earnings on these funds.
(b)(1) The amounts on deposit in the Trust shall not constitute property of the State, and the Trust shall not be construed to be a department, institution, or agency of the State. Amounts on deposit in the Trust shall not be commingled with State funds, and the State shall have no claim to or against, or interest in, the amounts on deposit in the Trust.
(2) Any contract entered into by, or any obligation of, the Trust shall not constitute a debt or obligation of the State, and the State shall have no obligation to any designated beneficiary or any other person on account of the Trust.
(3) All amounts obligated to be paid from the Trust shall be limited to the amounts available for that obligation on deposit in the Trust, and the availability of amounts for a class of designated beneficiaries does not constitute an assurance that amounts will be available to the same degree, or at all, to another class of designated beneficiaries. The amounts on deposit in the Trust shall only be disbursed in accordance with the provisions of section 607 of this title.
(4) The Trust shall continue in existence until it no longer holds any deposits or has any obligations and its existence is terminated by law. Upon termination, any unclaimed assets shall return to the State and shall be governed by the provisions of 27 V.S.A chapter 18.
(c) The Treasurer shall be responsible for receiving, maintaining, administering, investing, and disbursing amounts from the Trust. The Trust shall not receive deposits in any form other than cash.
(Added 2023, No. 184 (Adj. Sess.), § 17, eff. July 1, 2024.)
The Treasurer, on behalf of the Trust and for purposes of the Trust, may:
(1) receive and invest monies in the Trust in any instruments, obligations, securities, or property in accordance with section 604 of this title;
(2) enter into one or more contractual agreements, including contracts for legal, actuarial, accounting, custodial, advisory, management, administrative, advertising, marketing, or consulting services, for the Trust and pay for such services from the assets of the Trust;
(3) procure insurance in connection with the Trust’s property, assets, activities, or deposits and pay for such insurance from the assets of the Trust;
(4) apply for, accept, and expend gifts, grants, and donations from public or private sources to enable the Trust to carry out its objectives;
(5) adopt rules pursuant to chapter 25 of this title;
(6) sue and be sued;
(7) establish one or more funds within the Trust and expend reasonable amounts from the funds for internal costs of administration; and
(8) take any other action necessary to carry out the purposes of this chapter.
(Added 2023, No. 184 (Adj. Sess.), § 17, eff. July 1, 2024; amended 2025, No. 18, § 13, eff. May 13, 2025.)
The Treasurer shall invest the amounts on deposit in the Trust in a manner reasonable and appropriate to achieve the objectives of the Trust, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The Treasurer shall give due consideration to the rate of return, risk, term or maturity, and liquidity of any investment; diversification of the total portfolio of investments within the Trust; projected disbursements and expenditures; and the expected payments, deposits, contributions, and gifts to be received. The Treasurer shall not invest directly in obligations of the State or any political subdivision of the State or in any investment or other fund administered by the Treasurer. The assets of the Trust shall be continuously invested and reinvested in a manner consistent with the objectives of the Trust until disbursed for eligible expenditures or expended on expenses incurred by the operations of the Trust.
(Added 2023, No. 184 (Adj. Sess.), § 17, eff. July 1, 2024.)
The property of the Trust and the earnings on the Trust shall be exempt from all taxation by the State or any political subdivision of the State.
(Added 2023, No. 184 (Adj. Sess.), § 17, eff. July 1, 2024.)
(a) Notwithstanding any provision of law to the contrary, and to the extent permitted by federal law, no sum of money invested in the Trust shall be considered to be an asset or income for purposes of determining an individual’s eligibility for assistance under any program administered by the Agency of Human Services.
(b) Notwithstanding any provision of law to the contrary, no sum of money invested in the Trust shall be considered to be an asset for purposes of determining an individual’s eligibility for need-based institutional aid grants offered to an individual by a public postsecondary school located in Vermont.
(Added 2023, No. 184 (Adj. Sess.), § 17, eff. July 1, 2024.)
(a) The Treasurer shall establish in the Trust an accounting for each designated beneficiary in the amount of $3,200.00. Each accounting shall include the initial amount of $3,200.00, plus the designated beneficiary’s pro rata share of total net earnings from investments of sums held in the Trust.
(b) A designated beneficiary shall become eligible to receive the total sum of the accounting under subsection (a) of this section upon the designated beneficiary’s 18th birthday and completion of a financial coaching requirement as prescribed by the Treasurer. The sum shall only be used for eligible expenditures.
(c) The Treasurer shall create a financial coaching program and materials designed to educate designated beneficiaries and others about the permissible use of funds available under this chapter.
(d) A designated beneficiary, or the designated beneficiary’s authorized representative in the case of a designated beneficiary unable to make a claim due to disability, may submit a claim for accounting until the designated beneficiary’s 30th birthday, provided the designated beneficiary is a resident of the State at the time of the claim. If a designated beneficiary dies before submitting a valid claim or fails to submit a valid claim before the designated beneficiary’s 30th birthday, the designated beneficiary’s accounting shall be credited back to the assets of the Trust.
(e) The Treasurer shall adopt rules pursuant to chapter 25 of this title to carry out the purposes of this section, including prescribing the process for submitting a valid claim for accounting.
(Added 2023, No. 184 (Adj. Sess.), § 17, eff. July 1, 2024; amended 2025, No. 18, § 13, eff. May 13, 2025.)
In carrying out the purposes of this chapter, the Treasurer may enter into an intergovernmental agreement or memorandum of understanding with any agency or instrumentality of the State requiring disclosure to execute the purposes of this chapter to receive outreach, technical assistance, enforcement, and compliance services; collection or dissemination of information pertinent to the Trust, including protected health information and personal identification information, subject to such obligations of confidentiality as may be agreed to or required by law; or other services or assistance.
(Added 2023, No. 184 (Adj. Sess.), § 17, eff. July 1, 2024.)
The Treasurer’s duty to implement this chapter is contingent upon publication by the Treasurer of an official statement that the Treasurer has received donations designated for purposes of implementation or administration of the Trust in an amount sufficient to operate a pilot program. Upon publication, the Treasurer shall commence a pilot program implementing the Trust pursuant to the provisions of this chapter. The pilot program shall be used to evaluate the impact, effectiveness, and operational necessities of a permanent program consistent with this chapter.
(Added 2023, No. 184 (Adj. Sess.), § 17, eff. July 1, 2024.)
(a)(1) The Secretary of Administration may contract on behalf of the State with any insurance company or nonprofit association doing business in this State to secure the benefits of franchise or group insurance. The terms of coverage under the policy shall be determined under section 904 of this title, but it may include:
(A) life, disability, health, and accident insurance and benefits for any class or classes of State employees; and
(B) hospital, surgical, and medical benefits for any class or classes of State employees or for those employees and any class or classes of their dependents.
(2)(A)(i) As used in this section, the term “employees” includes any class or classes of elected or appointed officials, State’s Attorneys, sheriffs, employees of State’s Attorneys’ offices whose compensation is administered through the State of Vermont payroll system, except contractual and temporary employees, and deputy sheriffs paid by the State of Vermont pursuant to 24 V.S.A. § 290(b). The term “employees” shall not include members of the General Assembly as such, any person rendering service on a retainer or fee basis, members of boards or commissions, or persons other than employees of the Vermont Historical Society, the Vermont Film Corporation, the Vermont State Employees’ Credit Union, Vermont State Employees’ Association, and the Vermont Council on the Arts, whose compensation for service is not paid from the State Treasury, or any elected or appointed official unless the official is actively engaged in and devoting substantially full-time to the conduct of the business of the official’s public office.
(ii) For purposes of group hospital-surgical-medical expense insurance, the term “employees” shall include employees as defined in subdivision (i) of this subdivision (2)(A) and former employees as defined in this subdivision who are retired and are receiving a retirement allowance from the Vermont State Retirement System or the State Teachers’ Retirement System of Vermont and, for the purposes of group life insurance only, are retired on or after July 1, 1961 and have completed 20 creditable years of service with the State before their retirement dates and are insured for group life insurance on their retirement dates.
(iii) For purposes of group hospital-surgical-medical expense insurance only, the term “employees” shall include employees as defined in subdivision (i) of this subdivision (2)(A) and employees who are receiving a retirement allowance based upon their employment with the Vermont State Employees’ Association, the Vermont State Employees’ Credit Union, the Vermont Council on the Arts, as long as they are covered as active employees on their retirement date, and:
(I) they have at least 20 years of service with that employer; or
(II) have attained 62 years of age, and have at least 15 years of service with that employer.
(B) The premiums for extending insurance coverage to employees shall be paid in full by the Vermont Historical Society, the Vermont Film Corporation, the Vermont State Employees’ Association, the Vermont State Employees’ Credit Union, the Vermont Council on the Arts, or their respective retirees. Nothing herein creates a legal obligation on the part of the State of Vermont to pay any portion of the premiums required to extend insurance coverage to this group of employees.
(3) The term “dependents” shall include only an employee’s spouse, or an employee’s unmarried child. However, no person may be covered both as an employee and as a dependent, and no person may be considered as a dependent of more than one employee. The term “child” shall, in addition to an employee’s own or lawfully adopted children, include such stepchildren, foster children, children under adoptive supervisory placement, and other children as depend upon the employee for support and maintenance.
(4), (5) [Repealed.]
(6) The State Treasurer and Commissioner of Human Resources, with the approval of the Governor, shall deduct from a State employee’s compensation such amounts for group insurance or assessments for benefits for dependents as defined in subdivision (3) of this subsection when so requested by the employee and shall apply the same forthwith to the cost of such benefits.
(7) The State Treasurer and the Commissioner of Human Resources, with the consent of the Governor, shall deduct from any State employee’s compensation such amounts as the employee may request for U.S. savings bonds, Vermont State Employees’ Credit Union, any employee organization certified by the State Labor Relations Board as of July 1, 1977 so long as the employee organization retains that certification, or for charitable pledges or for other purposes as determined by the Governor or through collective bargaining and shall pay the same forthwith to the payee.
(8) The provisions of this section shall include the employees in any or all State departments whether office employees or otherwise.
(9) The amount of life insurance for any retired employee shall be reduced and limited to $10,000.00 on the date of his or her retirement. The provisions of this section shall apply to all retirees who complete 20 creditable years of service with the State before their retirement and are insured for group life insurance on their retirement dates. The total premiums for group life insurance provided under this section and section 632 of this title shall be paid by the State on behalf of employees retired in accordance with the terms of subdivision (2) of this subsection, on behalf of employees who are on sick leave without pay for a period not to exceed 12 months and on behalf of any employee on disability retirement until proof of total and permanent disability has been accepted by the insurance company.
(10) The Secretary of Administration shall not contract for any group hospital-surgical-medical expense insurance that provides a Medicare Advantage plan or similar plan established pursuant to Title XVIII of the Social Security Act without the explicit agreement of all employee organizations certified pursuant to chapters 27 and 28 of this title.
(b) [Repealed.]
(c)(1) At least every five years, the Secretary of Administration shall advertise for bids on the insurance contracts and shall award the contract to the person whose bid or quotation is in the best interest of the State. The Secretary of Administration may reject any bids or quotations and may request additional bids. Upon publication of the request for proposals, health care professional and trade associations may register with the Secretary of Administration to be provided a list of bidders. Such associations may then submit information about the business practices of the bidders for the Secretary of Administration to consider in the course of evaluating bids and request meetings with the Secretary to discuss the information.
(2) [Repealed.]
(3) At least annually, the Secretary shall hold discussions with established health care professional and trade associations in regard to provider regulation, provider reimbursement, or quality of health care.
(d) Notwithstanding any other provision of this section to the contrary and in addition to the powers and duties described in sections 2852 and 2853 of this title and 10 V.S.A. § 2603, the Secretary of Natural Resources, through the Commissioner of Forests, Parks and Recreation, is authorized to expend funds for purposes of continuing employee medical insurance benefits provided to seasonal temporary State employees by their off-season employers. Any expenditure shall be subject to the following limitations:
(1) Funds may be paid either directly to the benefit provider or to the off-season employer as a reimbursement.
(2) The total amount paid for any temporary employee medical insurance reimbursement shall not exceed the costs of group medical benefits for a permanent State employee as determined by the Commissioner of Human Resources, and it shall be within the discretion of the Commissioner of Forests, Parks and Recreation to pay some lesser amount than the maximum.
(3) The Commissioner of Forests, Parks and Recreation shall establish written guidelines regarding the administration of this program, subject to the approval of the Commissioner of Human Resources.
(4) The amount expended by the Commissioner for this program shall be limited to the amount directly saved by the Department of Forests, Parks and Recreation on expenses, such as advertising, unemployment compensation, and training, as a result of encouraging the return to State seasonal employment by seasonal employees who have consistent off-season employment.
(Amended 1959, No. 170, § 1; 1961, No. 99, §§ 1-3; 1969, No. 68, § 1; 1971, No. 85, § 1; 1971, No. 191 (Adj. Sess.), § 8; 1973, No. 37, § 2; 1973, No. 266 (Adj. Sess.), § 10, eff. June 23, 1974; 1975, No. 65, §§ 2, 4; 1977, No. 109, § 3, eff. July 3, 1977, § 33(f); 1977, No. 222 (Adj. Sess.), § 4, eff. July 2, 1978; 1979, No. 59, §§ 11, 15; 1983, No. 195 (Adj. Sess.), § 5(b); 1993, No. 67, § 1; 1995, No. 123 (Adj. Sess.), § 8, eff. June 6, 1996; 1997, No. 147 (Adj. Sess.), § 274a; 2001, No. 27, § 1; 2001, No. 116 (Adj. Sess.), § 11a; 2003, No. 85 (Adj. Sess.), § 1, eff. April 6, 2004; 2003, No. 156 (Adj. Sess.), §§ 14, 15; 2005, No. 71, § 192; 2005, No. 120 (Adj. Sess.), § 1; 2007, No. 7, § 7; 2007, No. 13, § 21; 2007, No. 71, § 10; 2007, No. 116 (Adj. Sess.), § 7; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 172 (Adj. Sess.), § E.108.2, eff. June 8, 2016; 2017, No. 81, § 2, eff. June 15, 2017; 2023, No. 78, § E.108.1, eff. July 1, 2023.)
The Commissioner of Finance and Management is directed to charge back against the individual departmental appropriations in all funds the amount certified by voucher of the Commissioner of Human Resources to be necessary to pay the State’s share of the employees’ group life and group hospital-surgical medical insurance. In the case of retired employees, the State’s share shall be paid from the respective Retirement Systems.
(Amended 1983, No. 195 (Adj. Sess.), § 5(b); 1995, No. 123 (Adj. Sess.), § 1, eff. June 6, 1996; 2003, No. 156 (Adj. Sess.), § 15.)
When a State employee is retired under the Vermont Employees’ Retirement System and at such time is, under the provision of section 631 of this title, receiving the benefits of group insurance that provides for continuing the insurance after retirement, or is receiving the benefits of any group insurance policy as defined by 8 V.S.A. chapter 107, said employee may in writing, direct the State Treasurer to deduct from his or her monthly retirement allowance his or her premium therefor notwithstanding any prohibition against assignment contained in chapter 16, subchapter 1 of this title.
(Amended 1993, No. 34, § 1.)
[Repealed]
2011, No. 75 (Adj. Sess.), § 80, eff. March 7, 2012.
(a) The surviving spouse of a retired employee who elected option 3 or option 4 under section 468 of this title shall be eligible to participate in the group health insurance program provided in this chapter. Premiums shall be paid at the full actuarial rate by the eligible spouse with no contribution from the State, except as specified in subsection (b) of this section and subsection 479(e) of this title, and shall be deducted from the eligible spouse’s retirement check.
(b) Premiums paid by the surviving spouse of a retired employee who retired due to disability after January 1, 1998 and died prior to age 65, and the surviving dependents of an employee who died in service after January 1, 1998 who are eligible for continued medical benefits pursuant to sections 464 and 465 of this title and subsection (a) of this section, shall be prorated on the same basis as is provided for active employees by the current collective bargaining agreement for the nonmanagement unit. The covered survivors may continue coverage subject to the rules of the medical plan, by paying this prorated share, until the survivor becomes eligible for coverage under another group medical plan, or another plan offered by the State or federal government becomes eligible for Medicare or adds a spouse to the coverage. If the survivor becomes eligible for coverage under another group medical plan, coverage shall terminate. If the surviving spouse becomes eligible for Medicare or adds a spouse to the coverage, he or she may continue coverage by paying the full actuarial rate with no contribution from the State, in the same manner as surviving spouses of nondisability retirees pursuant to subsection (a) of this section.
(c)(1) Notwithstanding any other provision of this chapter concerning eligibility for health insurance, the surviving spouse and surviving dependents of an active State employee who dies prior to retirement shall be entitled to continue group health insurance coverage if the Board of Trustees of the Vermont State Employees’ Retirement System finds on the basis of such evidence as may come before it that:
(A) the employee died as a result of the willful or reckless act of a third party that was motivated by the employee’s status as a governmental employee or by the employee’s performance of official duties;
(B) the employee was participating in either the Vermont State Employees’ Retirement System or the State of Vermont Defined Contribution Retirement Plan at the time of the employee’s death; and
(C) the surviving spouse or surviving dependents were covered by the State group health insurance plan at the time of the employee’s death.
(2) The terms of continuing coverage, including the calculation of premiums to be paid by the surviving spouse and surviving dependents and the termination of coverage, shall be in accordance with the provisions of subsection (b) of this section; provided, however, that eligibility for a dependent child shall terminate when the child has attained 18 years of age, or 23 years of age in the case of a dependent student, or such later age as may be required by federal law.
(Added 1981, No. 91, § 23, eff. July 5, 1981; amended 1997, No. 89 (Adj. Sess.), § 12, eff. April 13, 1998; 2013, No. 22, § 9; 2015, No. 114 (Adj. Sess.), § 5.)
[Repealed]
2013, No. 144 (Adj. Sess.), § 24 and 2013, No. 179 (Adj. Sess.), § E.126.1, effective June 9, 2014.
(a) The Retired Employees’ Committee on Insurance is hereby created. The Committee shall consist of six members, three to be selected by the Secretary of Administration, at least two of whom shall be retired State employees, and three to be selected by the Vermont State Employees’ Association, at least one of whom shall be a retired State employee. Members shall serve for terms of two years. The Commissioner of Human Resources shall be an ex officio member of the Committee.
(b) The Committee shall elect a chair from among its members and shall meet periodically at the call of the Chair or at the request of any three of its members. Meetings shall be held at least twice a year.
(c) The Committee shall review the health insurance benefits available to retired employees through the State. It shall make whatever recommendations it deems appropriate to the Secretary of Administration on the existing plan and on any changes under consideration. Recommendations shall be made prior to the bidding process conducted under subsection 631(c) of this title.
(d) The Committee may represent the interests of retired persons in respect to complaints or questions about their insurance benefits.
(e) Members of the Committee shall serve on a voluntary basis and shall not be entitled to per diem compensation or compensation for expenses.
(f) The Committee shall recommend to the State Treasurer the original plan of dental benefits for retired members and any subsequent changes to the plan. The State Treasurer shall be responsible for plan administration, including determining the plan administrator, determining plan benefits, determining eligibility, and setting premium rates. The Office of State Treasurer shall be reimbursed from the premiums collected for the plan for any reasonable additional costs incurred for the administration and maintenance of the plan.
(Added 1981, No. 168 (Adj. Sess.), § 1; amended 2003, No. 156 (Adj. Sess.), § 15; 2005, No. 163 (Adj. Sess.), § 5.)
(a) A member of the General Assembly and a session employee of the General Assembly shall be eligible to participate in any group dental insurance program negotiated in a collective bargaining agreement with State employees. Premiums shall be paid by the legislator or employee at the full actuarial rate with no contributions from the State and shall be deducted from compensation due for services rendered during the legislative session or assessed and paid directly by the legislator or employee.
(b) A person who elects to participate in the group dental insurance program pursuant to this section shall notify the program’s administrator, in writing, of such election. The enrollment period for persons electing pursuant to this section shall correspond with the enrollment period for State employees.
(Added 2015, No. 172 (Adj. Sess.), § E.126.1, eff. June 8, 2016; amended 2021, No. 20, § 3.)
The following definitions shall apply throughout this chapter unless the context requires otherwise:
(1) “Deferred compensation agreement” means any agreement authorized by this chapter entered into between a public agency and an employee of that agency providing for a reduction in the employee’s compensation in return for the agency’s promise to make deferred payments in the future.
(2) “Employee” means any employee of a public agency whether appointed, elected or under contract to whom compensation is paid.
(3) “Other public agency” means a public agency described in subdivision (4)(B) or (C) of this section.
(4) “Public agency” means:
(A) the State, acting as a single unit employer on behalf of the General Assembly and State agencies, departments, boards, or commissions;
(B) a county or municipality as defined in 24 V.S.A. § 4303(12); and
(C) a school district as defined in 16 V.S.A. § 11(a)(10) or a supervisory union as defined in 16 V.S.A. § 11(a)(23).
(5) “State Board” means the Vermont State Retirement Board.
(6) “Teachers’ Board” means the Vermont State Teachers’ Retirement Board.
(Added 1973, No. 175 (Adj. Sess.), eff. July 1, 1973; amended 1979, No. 59, § 16; 1997, No. 68 (Adj. Sess.), § 5, eff. March 1, 1998; 2007, No. 162 (Adj. Sess.), § 1, eff. May 20, 2008.)
(a) Subject to collective bargaining rights of employees involved, the State or any county, municipality, school district, or supervisory union may, through any public agency, enter into a contractual agreement with any employee of that agency to defer, in whole or in part, that employee’s compensation. Payroll reductions shall be made, in each instance, by the appropriate payroll officer.
(b) The State Board may establish and administer a plan that conforms with Section 457 of the Internal Revenue Code for the purpose of providing a deferred compensation program for State employees, including members of the General Assembly, and for the employees of other public agencies that elect to participate in the State plan.
(c) Other public agencies may establish and administer a plan for the purpose of providing a deferred compensation program for their employees.
(d) The State Board and other public agencies, which have or will establish a deferred compensation plan, shall create a trust to conform with the appropriate sections of the Internal Revenue Code. The Teachers’ Board may create an investment program that will provide public agencies set forth in subdivision 650(4)(C) of this title operating plans under Section 403(b) of the Internal Revenue Code with investment options.
(e) All assets and income that have been or shall be deposited pursuant to this chapter by the State of Vermont or other public agencies shall be held in trust in any funding vehicle permitted by Section 403(b) and Section 457 of the Internal Revenue Code for the exclusive benefit of the plans’ participants and their beneficiaries until such time as the funds are distributed to the participant or the beneficiary of the participant in accordance with the terms of the deferred compensation plan.
(f) For State employees, including members of the General Assembly, the State Board shall be the trustees of the deferred compensation plan that conforms to Section 457 of the Internal Revenue Code, and the State Treasurer shall be the custodian of the funds in the trust. All payments from the funds shall be made by the State Treasurer or the Treasurer’s authorized agent. An investment program established by the Teachers’ Board shall be optional for public agencies set forth in subdivision 650(4)(C) of this title. The public agency shall be the trustees of its plans created under Section 403(b) of the Internal Revenue Code.
(g) Any political subdivision administering a plan as a trust shall be required to name one or more persons as trustees of such plan, and to establish provisions relating to the removal or resignation of a trustee, the appointment of a successor and the methods by which the trustee may take necessary action as required under the plan.
(Added 1973, No. 175 (Adj. Sess.), § 1, eff. July 1, 1973; amended 1979, No. 59, §§ 17, 17a; 1997, No. 68 (Adj. Sess.), § 6, eff. March 1, 1998; 2007, No. 162 (Adj. Sess.), § 2, eff. May 20, 2008.)
Any deferred compensation agreement shall be in accordance with the requirements of the rulings and regulations of the Internal Revenue Service and as such any sum deferred shall not be subject to taxation until distribution is actually made or made available to the employee.
(Added 1973, No. 175 (Adj. Sess.), eff. July 1, 1973.)
Any deferred compensation agreement made pursuant to this chapter shall be in addition to any retirement, pension or benefit programs otherwise available to employees of the public agency entering into the agreement. Furthermore, the current compensation of any employee agreeing to a current reduction under subsection 651(a) of this title shall be deemed to include the amount of any such reduction for the purpose of determining the employee’s benefits under any retirement, pension or benefit programs otherwise available to the employee.
(Added 1973, No. 175 (Adj. Sess.), eff. July 1, 1973.)
[Repealed]
1967, No. 360 (Adj. Sess.), § 18, eff. Feb. 1, 1969.
The General Assembly intends that:
(1) Agencies maximize the involvement of the public in the development of rules.
(2) Agency inclusion of public participation in the rulemaking process should be consistent.
(3) Agencies write rules so that they are clear and accessible to the public.
(4) When an agency adopts rules, it subjects the rules to thorough regulatory analysis.
(5) The General Assembly should articulate, as clearly as possible, the intent of any legislation that delegates rulemaking authority.
(6) When an agency adopts policy, procedures, or guidance, it shall not do so to supplant or avoid the adoption of rules.
(Added 1999, No. 146 (Adj. Sess.), § 2; amended 2017, No. 156 (Adj. Sess.), § 2.)
(a) This chapter may be cited as the “Vermont Administrative Procedure Act.”
(b) As used in this chapter:
(1) “Agency” means a State board, commission, department, agency, or other entity or officer of State government, other than the Legislature, the courts, the Commander in Chief, and the Military Department, authorized by law to make rules or to determine contested cases.
(2) “Contested case” means a proceeding, including but not restricted to rate-making and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing.
(3) “License” includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law.
(4) “Licensing” includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.
(5) “Party” means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.
(6) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.
(7) “Practice” means a substantive or procedural requirement of an agency, affecting one or more persons who are not employees of the agency, that is used by the agency in the discharge of its powers and duties. The term includes all such requirements, regardless of whether they are stated in writing.
(8) “Procedure” means a practice that has been adopted in writing, either at the election of the agency or as the result of a request under subsection 831(b) of this title. The term includes any practice of any agency that has been adopted in writing, whether or not labeled as a procedure, except for each of the following:
(A) a rule adopted under sections 836-844 of this title;
(B) a written document issued in a contested case that imposes substantive or procedural requirements on the parties to the case;
(C) a statement that concerns only:
(i) the internal management of an agency and does not affect private rights or procedures available to the public;
(ii) the internal management of facilities that are secured for the safety of the public and the individuals residing within them; or
(iii) guidance regarding the safety or security of the staff of an agency or its designated service providers or of individuals being provided services by the agency or such a provider;
(D) an intergovernmental or interagency memorandum, directive, or communication that does not affect private rights or procedures available to the public;
(E) an opinion of the Attorney General; or
(F) a statement that establishes criteria or guidelines to be used by the staff of an agency in performing audits, investigations, or inspections, in settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution, or settlement of cases, if disclosure of the criteria or guidelines would compromise an investigation or the health and safety of an employee or member of the public, enable law violators to avoid detection, facilitate disregard of requirements imposed by law, or give a clearly improper advantage to persons that are in an adverse position to the State.
(9) “Rule” means each agency statement of general applicability that implements, interprets, or prescribes law or policy and that has been adopted in the manner provided by sections 836-844 of this title.
(10) “Incorporation by reference” means the use of language in the text of a regulation that expressly refers to a document other than the regulation itself.
(11) “Adopting authority” means, for agencies that are attached to the Agencies of Administration, of Commerce and Community Development, of Natural Resources, of Human Services, and of Transportation, or any of their components, the secretaries of those agencies; for agencies attached to other departments or any of their components, the commissioners of those departments; and for other agencies, the chief officer of the agency. However, for the procedural rules of boards with quasi-judicial powers, for the Transportation Board, for the Vermont Veterans’ Memorial Cemetery Advisory Board, and for the Fish and Wildlife Board, the chair or executive secretary of the board shall be the adopting authority. The Secretary of State shall be the adopting authority for the Office of Professional Regulation.
(12) “Small business” means a business employing no more than 20 full-time employees.
(13)(A) “Arbitrary,” when applied to an agency rule or action, means that one or more of the following apply:
(i) There is no factual basis for the decision made by the agency.
(ii) The decision made by the agency is not rationally connected to the factual basis asserted for the decision.
(iii) The decision made by the agency would not make sense to a reasonable person.
(B) The General Assembly intends that this definition be applied in accordance with the Vermont Supreme Court’s application of “arbitrary” in Beyers v. Water Resources Board, 2006 VT 65, and In re Town of Sherburne, 154 Vt. 596 (1990).
(14) “Guidance document” means a written record that has not been adopted in accordance with sections 836-844 of this title and that is issued by an agency to assist the public by providing an agency’s current approach to or interpretation of law or describing how and when an agency will exercise discretionary functions. The term does not include the documents described in subdivisions (8)(A) through (F) of this section.
(15) “Index” means a searchable list of entries that contains subjects and titles with page numbers, hyperlinks, or other connections that link each entry to the text or document to which it refers.
(Added 1967, No. 360 (Adj. Sess.), § 1, eff. July 1, 1969; amended 1981, No. 82, § 1; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 56, § 1; 1985, No. 269 (Adj. Sess.), § 4; 1987, No. 76, § 18; 1989, No. 69, § 2, eff. May 27, 1989; 1989, No. 250 (Adj. Sess.), § 88; 2001, No. 149 (Adj. Sess.), § 46, eff. June 27, 2002; 2017, No. 113 (Adj. Sess.), § 3; 2017, No. 156 (Adj. Sess.), § 2.)
[Repealed]
1981, No. 82, § 7(1).
[Repealed]
1981, No. 82, § 7(2).
[Repealed]
1981, No. 82, § 7(3).
[Repealed]
1981, No. 82, § 7(4).
(a) A person may submit a written request to an agency asking the agency to adopt, amend, or repeal a procedure or rule. Within 30 days after receiving the request, the agency shall initiate rulemaking proceedings; shall adopt, amend, or repeal the procedure; or shall deny the request, giving its reasons in writing.
(b) A person may submit a written request to an agency asking the agency to adopt a guidance document as a rule or to amend or repeal the guidance document. Within 30 days after receiving the request, the agency shall initiate rulemaking proceedings; shall amend or repeal the guidance document; or shall deny the request, giving its reasons in writing.
(Added 1967, No. 360 (Adj. Sess.), § 6, eff. July 1, 1969; amended 1981, No. 82, § 2; 2017, No. 156 (Adj. Sess.), § 2.)
The validity or applicability of a rule may be determined in an action for declaratory judgment in the Washington Superior Court if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.
(Added 1967, No. 360 (Adj. Sess.), § 7, eff. July 1, 1969; amended 1973, No. 193 (Adj. Sess.), § 3.)
Each agency shall provide for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency, and may so provide by procedure or rule. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases.
(1967, No. 360 (Adj. Sess.), § 8, eff. July 1, 1969; amended 1981, No. 82, § 3.)
(a) In a contested case, all parties shall be given an opportunity for hearing after reasonable notice.
(b) The notice shall include:
(1) A statement of the time, place, and nature of the hearing.
(2) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(3) A reference to the particular sections of the statutes and rules involved.
(4) A short and plain statement of the matters at issue. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.
(c) Opportunity shall be given all parties to respond and present evidence and argument on all issues involved.
(d) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
(e) The record in a contested case shall include:
(1) all pleadings, motions, intermediate rulings;
(2) all evidence received or considered;
(3) a statement of matters officially noticed;
(4) questions and offers of proof, objections, and rulings thereon;
(5) proposed findings and exceptions; and
(6) any decision, opinion, or report.
(f) Oral proceedings or any part thereof shall be transcribed on request of any party subject to other applicable provisions of law, and upon payment by the requesting party of the reasonable costs thereof.
(g) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
(h) The chair of a board, commission, or panel, a hearing officer appointed by a board, commission, or panel, or a licensed attorney representing a party before a board, commission, or panel may, whether or not specifically authorized in any other provision of law, compel, by subpoena, the attendance and testimony of witnesses and the production of books and records. Sections 809a and 809b of this title shall apply to all subpoenas issued under this subsection. Notwithstanding the provisions of section 816 of this title, this subsection shall apply to the Human Services Board, the Labor Relations Board, and the Employment Security Board.
(i) When a board or commission member who hears all or a substantial part of a case retires from office or completes his or her term before the case is completed, he or she may remain a member of the board or commission for the purpose of deciding and concluding the case. If the member who retires or completes his or her term is a chair, the member may also remain a member for the purpose of certifying questions of law if an appeal is taken, when such is required by law. For this service, the member may be compensated in the manner provided for active members.
(Added 1967, No. 360 (Adj. Sess.), § 9, eff. July 1, 1969; amended 1987, No. 104; 2017, No. 156 (Adj. Sess.), § 2.)
(a) This section applies when an agency has issued a subpoena to compel a person to appear and testify or to produce documents or things, if the person:
(1) has failed to appear or has failed to produce the subpoenaed materials, in which case any party or the agency may bring a proceeding to enforce the subpoena; or
(2) has appeared but has refused to take an oath or affirmation authorized by law, or has refused to testify or to answer a question, in which case any party or the agency may bring a proceeding to compel testimony by the person.
(b) A proceeding under this section shall be brought in Superior Court for the county in which the administrative proceeding is or will be held. The court shall consist of the presiding judge, sitting alone, and no jury shall be used. The proceeding shall be commenced by motion, and the motion shall be served in the manner provided for motions in civil actions. No filing fee shall be required. No answer or responsive motion is required, but such papers may be filed. The court shall schedule a hearing on the motion as soon as is reasonably practicable.
(c) In a proceeding to compel testimony, the court may order the respondent to testify and answer questions, and may impose limits on those questions or answers.
(d) In a proceeding to enforce a subpoena, if the petitioner establishes that the subpoena was properly issued, and that the person subpoenaed has failed to appear or to produce documents or things required, the court shall issue an order compelling compliance with the agency subpoena. Otherwise, the court shall vacate or modify the subpoena.
(e) In a proceeding to enforce a subpoena, after giving the respondent an opportunity to present evidence, if the court determines that the subpoena was properly issued, and that failure to comply with the agency’s subpoena was without reasonable excuse, it shall assess a penalty against the respondent, to be paid to the petitioner, in an amount not to exceed $100.00 and shall also award all costs of litigation that the petitioner incurred as a result of the respondent’s noncompliance, including costs of issuing new subpoenas and incurring additional expenses for expert witnesses.
(f) A person who, without reasonable excuse, fails to comply with an order of the court issued under this section may be held to be in contempt of the court.
(Added 1983, No. 230 (Adj. Sess.), § 5; amended 2015, No. 97 (Adj. Sess.), § 4.)
(a) When an agency has issued a subpoena to compel testimony or the production of documents or things, or has issued a discovery order to a party, an aggrieved person may bring a proceeding to modify or vacate the subpoena or order in the Superior Court for the county in which the petitioner resides or in which the administrative proceeding is or will be held.
(b) The court shall consist of the presiding judge, and no jury shall be used. The proceeding shall be commenced by motion, which shall be served in the manner provided for motions in civil actions. No answer or responsive motion is required, but such papers may be filed. No filing fee shall be required. The court shall schedule a hearing on the motion as soon as is reasonably practicable.
(c) After hearing, the court may issue its order affirming, modifying, or vacating the subpoena or discovery order.
(Added 1983, No. 230 (Adj. Sess.), § 5.)
In contested cases:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The Rules of Evidence as applied in civil cases in the Superior Courts of this State shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
(2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
(3) A party may conduct cross-examinations required for a full and true disclosure of the facts.
(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency’s specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
(Added 1967, No. 360 (Adj. Sess.), § 10, eff. July 1, 1969; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2023, No. 33, § 10, eff. July 1, 2023.)
When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.
(Added 1967, No. 360 (Adj. Sess.), § 11, eff. July 1, 1969.)
(a) A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified forthwith either personally or by mail of any decision or order. A copy of the decision or order shall be delivered or mailed forthwith to each attorney of record and to each party not having an attorney of record. That mailing shall constitute actual knowledge to that person or party.
(b) When a decision or order is approved for issue by a board or commission, the decision or order may be signed by the chair or vice chair on behalf of the issuing board or commission.
(Added 1967, No. 360 (Adj. Sess.), § 12, eff. July 1, 1969; amended 1983, No. 190 (Adj. Sess.), § 1, eff. April 27, 1984.)
Unless required for the disposition of ex parte matters authorized by law, members or employees of any agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate. An agency member:
(1) may communicate with other members or employees of the agency; and
(2) may have the aid and advice of one or more personal assistants.
(Added 1967, No. 360 (Adj. Sess.), § 13, eff. July 1, 1969.)
(a) When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases shall apply.
(b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
(c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct that warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
(d) An agency having jurisdiction to conduct proceedings and impose sanctions in connection with conduct of a licensee or former licensee shall not lose jurisdiction if the license is not renewed or is surrendered or otherwise terminated prior to initiation of such proceedings.
(Added 1967, No. 360 (Adj. Sess.), § 14, eff. July 1, 1969; amended 1987, No. 229 (Adj. Sess.), § 1; 2001, No. 151 (Adj. Sess.), § 4, eff. June 27, 2002.)
(a) A person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in any contested case may appeal that decision to the Supreme Court, unless some other court is expressly provided by law. However, a preliminary, procedural, or intermediate agency action or ruling is immediately appealable under those rules if review of the final decision would not provide an adequate remedy, and the filing of the appeal does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay upon appropriate terms.
(b) If, before the date set for court hearing, application is made to the Court for leave to present additional evidence, and it is shown to the satisfaction of the Court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the Court may order that the additional evidence be taken before the agency upon conditions determined by the Court. The agency may modify its findings and decisions by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
(c) If the final decision of an agency is expressly provided by law to be reviewable in Superior Court or in the Supreme Court, such review shall be commenced by filing a notice of appeal pursuant to V.R.C.P. 74 or V.R.A.P. 13, as appropriate.
(Added 1967, No. 360 (Adj. Sess.), § 15, eff. July 1, 1969; amended 1971, No. 185 (Adj. Sess.), § 1, eff. March 29, 1972; 1997, No. 161 (Adj. Sess.), § 2, eff. Jan. 1, 1998.)
(a) Sections 809-813 of this title shall not apply to:
(1) Acts, decisions, findings, or determinations by the Human Services Board or the Commissioner for Children and Families or a duly authorized agent, and to procedures or hearings before and by the Board or Commissioner or agent.
(2) Acts, decisions, findings, or determinations by the Employment Security Board or the Commissioner of Labor or his or her, its, or their duly authorized agents and to any and all procedures or hearings before and by him or her or it or his or her or its agents, provided further that subdivisions 802(a)(3) and (4) and subsections 802(b) and 804(a) of this title shall not apply to information made confidential under federal or State law and provided further that subdivisions 802(a)(3) and (4) and subsections 802(b) and 804(a) shall not apply to a determination of a hearing or claims examiner or appeal referee.
(3) Acts, decisions, findings, or determinations by the Department of Labor or the Commissioner of Labor or his or her, its, or their duly authorized agents as to any and all procedures or hearings before and by the Department or Commissioner or his or her or their agents, arising out of or with respect to 21 V.S.A. chapter 5, subchapter 2, and chapters 9 and 11.
(b) Sections 809-814 of this title shall not apply to any and all acts, decisions, findings, or determinations by the Commissioner of Motor Vehicles or his or her duly authorized agents or to any and all procedures or hearings before and by him or her, or his or her agents, provided further that subsection 804(a) of this title shall not apply to decisions of that Commissioner respecting the grant, denial, suspension, or revocation of a license or registration under Title 23.
(c) This chapter shall not be construed to apply to the Commander-in-Chief or any other officer, individual, board, or set of persons in the Military Department of this State.
(Added 1967, No. 360 (Adj. Sess.), § 17, eff. July 1, 1969; amended 1981, No. 66, § 5(b), eff. May 1, 1981; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 4; 2013, No. 15, § 7.)
(a) There is created a joint legislative committee to be known as the Legislative Committee on Administrative Rules. The Legislative Committee on Administrative Rules shall be composed of eight members of the General Assembly to be appointed for two-year terms ending on February 1 of odd-numbered years as follows: four members of the House of Representatives, appointed by the Speaker of the House, not all from the same party, and four members of the Senate to be appointed by the Senate Committee on Committees, not all from the same party. The Committee shall elect a chair and a vice chair from among its members.
(b) The Committee shall meet as necessary for the prompt discharge of its duties and may use the staff and services of the Office of Legislative Counsel and the Office of Legislative Operations. The Committee shall adopt rules to govern its operation and organization. A quorum of the Committee shall consist of five members. For attendance at a meeting when the General Assembly is not in session, members of the Legislative Committee on Administrative Rules shall be entitled to the same per diem compensation and reimbursement for necessary expenses as provided members of standing committees under 2 V.S.A. § 23.
(c) The Legislative Committee on Administrative Rules may hold public hearings on a proposed or previously adopted rule on its own initiative. The Committee shall give public notice of any hearing at least 10 days in advance and shall notify the agency affected. Any public hearing shall be scheduled at a time and place chosen to afford opportunity for affected persons to present their views. As appropriate, the Legislative Committee on Administrative Rules shall consult with the standing legislative committee having jurisdiction in the area of the rule under review.
(d) In addition to its powers under section 842 of this title concerning rules, the Committee may, in similar manner, conduct public hearings, object, and file objections concerning existing rules. A rule reviewed under this subsection shall remain in effect until amended or repealed.
(e) At any time following its consideration of a final proposal under section 841 of this title, the Committee, by majority vote of the entire Committee, may request that any standing committees of the General Assembly review the issues or questions presented therein that are outside the jurisdiction of the Committee but are within the jurisdiction of the standing committees. On receiving a request for review under this subsection, a standing committee may at its discretion review the issues or questions and act on them. The Committee’s request for review shall not affect the review or review period of a final proposal.
(Added 1975, No. 211 (Adj. Sess.), § 1; amended 1979, No. 59, § 12; 1981, No. 82, § 4; 1983, No. 88, § 10, eff. July 3, 1983; 2011, No. 89 (Adj. Sess.), § 2; 2013, No. 161 (Adj. Sess.), § 72; 2019, No. 144 (Adj. Sess.), § 20.)
(a) The Secretary of State shall establish and maintain a centralized rule system that is open and available to the public. The system shall include all rules in effect or proposed as of July 1, 2019 and all rules proposed and adopted by agencies of the State after that date.
(b) The Secretary shall design the centralized rule system to:
(1) facilitate public notice of and access to the rulemaking process;
(2) provide the public with greater access to current and previous versions of adopted rules; and
(3) promote more efficient and transparent filing by State agencies of rulemaking documents and review by the committees established in this chapter.
(c) At a minimum, the records included in the system shall include all documents submitted to the Secretary of State under this subchapter.
(d) The centralized rule system may be digital, may be available online, and may be designed to support such other functions as the Secretary of State determines are consistent with the goals of this section and section 800 of this title.
(Added 2017, No. 156 (Adj. Sess.), § 2, eff. July 1, 2019.)
(a) For assistance in the review, evaluation, and coordination of programs and activities of State agencies; the development of strategies for maximizing public input; and the promotion of consistent measures among agencies for involving the public in the rulemaking process, subject to the provisions of this chapter, an Interagency Committee on Administrative Rules is created. Members of the Committee shall be appointed by the Governor from the Executive Branch and shall serve at his or her pleasure.
(b) The duties and responsibilities of the Committee shall be those established under this section or those directed by the Governor and shall include review of existing and proposed rules of agencies designated by the Governor for style, consistency with the law, legislative intent, and the policies of the Governor. The Committee shall make reports and recommendations concerning programs and activities of designated agencies subject to this chapter.
(c) After a proposed rule is prefiled with the Committee, the Committee shall work with the agency and prescribe a strategy for maximizing public input on the proposed rule. The Committee shall evaluate the current efforts and practices of agencies for including the public in the development of proposed rules, and shall recommend an appropriate process for maximizing public input, based on the Committee’s evaluation of current agency practices and the importance of public involvement, given the nature of the proposed rule. The Committee shall prescribe a specific strategy regarding the location, time, and frequency of public hearings and advise the agency on specific provisions of 1 V.S.A. chapter 5 and the consequences of failing to adhere to the prescribed strategy.
(Added 1975, No. 211 (Adj. Sess.), § 2; amended 1981, No. 82, § 5; 1999, No. 146 (Adj. Sess.), § 3; 2001, No. 149 (Adj. Sess.), § 47, eff. June 27, 2002.)
[Reserved]
(a) Where due process or a statute directs an agency to adopt rules, the agency shall initiate rulemaking and adopt rules in the manner provided by sections 836-844 of this title.
(b) An agency shall adopt a procedure describing an existing practice when so requested by an interested person.
(c) An agency shall initiate rulemaking to adopt as a rule an existing practice or procedure when so requested by 25 or more persons or by the Legislative Committee on Administrative Rules. An agency shall not be required to initiate rulemaking with respect to any practice or procedure, except as provided by this subsection.
(d) An agency required to hold hearings on contested cases as required by section 809 of this title shall adopt rules of procedure in the manner provided in this chapter.
(e) Within 30 days after an agency discovers that the text of a final proposed rule as submitted to the Legislative Committee on Administrative Rules deviates from the text that the agency intended to submit to the Committee, the agency shall initiate rulemaking to correct the rule if the period for final adoption of the rule under subsection 843(c) of this title has elapsed.
(f) Except as provided in subsections (a)-(e) of this section, an agency shall not be required to initiate rulemaking or to adopt a procedure or a rule.
(Added 1981, No. 82, § 6; amended 1995, No. 61, § 1; 2001, No. 149 (Adj. Sess.), § 48, eff. June 27, 2002; 2017, No. 156 (Adj. Sess.), § 2.)
(a) No agency shall be required to adopt a procedure or rule:
(1) which may result in the disclosure of information considered by statute to be confidential;
(2) setting forth guidelines to be used by the staff of an agency in the performance of audits, investigations, inspections, in settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution, or settlement of cases, if the disclosure of the statement would:
(A) enable law violators to avoid detection;
(B) facilitate disregard of requirements imposed by law; or
(C) give a clearly improper advantage to persons who are in an adverse position to the state; or
(3) describing the content of an agency budget.
(b) Subsection 831(c) of this title does not require any agency to adopt rules:
(1) establishing specific prices to be charged for particular goods or services sold by an agency;
(2) concerning only the physical servicing, maintenance, or care of agency owned or operated facilities or property;
(3) relating only to the use of a particular facility or property owned, operated, or maintained by the State or any of its subdivisions, if the substance of that rule is adequately indicated by means of signs or signals to persons who use the facility or property; or
(4) concerning only inmates of a correctional or detention facility, students enrolled in an educational institution, or patients admitted to a hospital, if adopted by that facility, institution, or hospital.
(c) Subsections 831(b) and (c) of this title do not require the Attorney General to adopt procedures or rules describing the content of opinions or other legal advice given to agencies.
(d) Notwithstanding subsections 831(b) and (c) of this title, when an agency receives a request to adopt a procedure or rule, it may elect to issue a declaratory ruling when it has in effect a procedure or rule, as requested, which disposes of the question presented.
(Added 1981, No. 82, § 6.)
[Repealed]
2017, No. 156 (Adj. Sess.), § 2.
(a) Rules and procedures shall be written in a clear and coherent manner using words with common and everyday meanings, consistent with the text of the rule or procedure.
(b)(1) When an agency proposes to amend an existing rule, it shall replace terms identified as potentially disrespectful by the study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1 with respectful language recommended therein or used in the Vermont Statutes Annotated, where appropriate.
(2) All new rules adopted by agencies shall use, to the fullest extent possible, respectful language consistent with the Vermont Statutes Annotated and the respectful language study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1, where appropriate.
(c) The Secretary of State may issue a guidance document suggesting how agencies may draft rules and procedures in accordance with this section. The guidance document may include suggestions on style, numbering, and drafting the content of the filings required under this subchapter.
(Added 1981, No. 82, § 6; amended 2013, No. 96 (Adj. Sess.), § 7; 2017, No. 156 (Adj. Sess.), § 2.)
(a) Upon written request to an agency by the Legislative Committee on Administrative Rules, a rule or part of a rule that has not been adopted, readopted, or substantially amended during the preceding six years shall expire one year from the date of the request. However, this section does not prevent the agency from adopting the same or a similar rule during that year.
(b) The Secretary of State shall review all forms used by agencies and affecting members of the public and shall make recommendations for their simplification and consolidation. Agencies shall provide the Secretary with information reasonably requested for this purpose. The recommendations shall be sent to the agencies concerned and to the Chairs of the Legislative Committee on Administrative Rules and of the Interagency Committee on Administrative Rules.
(Added 1981, No. 82, § 6.)
(a) Procedures and guidance documents shall be maintained by the agency in an official current compilation that includes an index. Each addition, change, or deletion to the official compilation shall also be dated, indexed, and recorded. The agency shall publish the compilation and index on its internet website and make all procedures and guidance documents available to the public. On or after January 1, 2024, an agency shall not rely on a procedure or guidance document or cite it against any party to a proceeding, unless the procedure or guidance document is included in a compilation maintained and published in accordance with this subsection.
(b) A procedure or guidance document shall not have the force of law. However, this subsection shall not apply to a procedure if a statute that specifically enables the procedure states that it has the force of law. This subsection is not intended to affect whether a court or quasi-judicial body gives deference to a procedure or guidance document issued by an agency whose action is before the court or body.
(Added 1981, No. 82, § 6; amended 2017, No. 156 (Adj. Sess.), § 2.)
(a) Except for emergency rules, rules shall be adopted by taking the following steps:
(1) prefiling, when required;
(2) filing the proposed rule;
(3) publishing the proposed rule;
(4) holding a public hearing and receiving comments;
(5) filing the final proposal;
(6) responding to the Legislative Committee on Administrative Rules when required; and
(7) filing the adopted rule.
(b) During the rulemaking process, the agency proposing the rule shall post on its website information concerning the proposal.
(1) The agency shall post the information on a separate page that is readily accessible from a prominent link on its main web page and that lists proposed rules by title and topic.
(2) For each rulemaking, the posted information shall include:
(A) The proposed rule as filed under section 838 of this title.
(B) The date by which comments may be submitted on the proposed rule and the address for such submission.
(C) The date and location of any public hearing.
(D) Each comment submitted to the agency on the proposed rule. The agency shall redact sensitive personal information from the posted comments. As used in this subdivision (D), “sensitive personal information” means each of the items listed in 9 V.S.A. § 2430(10)(A) and does not include the name, affiliation, and contact information of the commenter.
(E) The final proposed rule as filed under section 841 of this title.
(F) Each document submitted by the agency to the Legislative Committee on Administrative Rules.
(3) The agency shall maintain the information required by this subsection on its website until the earliest of the following dates: filing of a final adopted rule under section 843 of this title; withdrawal of the proposed rule; or expiration of the period for final adoption under subsection 843(c) of this title.
(4) If an agency is a board or commission exercising quasi-judicial functions and members of the public can access all of the information required by subdivision (2) of this subsection through the agency’s online case-management system, this information need not also be posted on the agency’s website. Instead, the list of proposed rules on the agency’s website shall include the case number for each proposed rule and instructions for accessing all of the information about the proposed rule in the agency’s online case-management system.
(Added 1981, No. 82, § 6; amended 2017, No. 156 (Adj. Sess.), § 2; 2023, No. 85 (Adj. Sess.), § 3, eff. July 1, 2024.)
Except for emergency rules, a rule shall be prefiled with the Interagency Committee on Administrative Rules 15 days before filing under section 838 of this title.
(Added 1981, No. 82, § 6; amended 2001, No. 149 (Adj. Sess.), § 49, eff. June 27, 2002.)
(a) Filing; information. Proposed rules shall be filed with the Secretary of State in a format determined by the Secretary that includes the following information:
(1) The name of the agency and the subject or title of the rule.
(2) An analysis of economic impact.
(3) An analysis of environmental impact.
(4) An explanation of all material incorporated by reference, if any.
(5) The text of the proposed rule.
(6) An annotated text showing changes from existing rules. The annotated text of the rule shall include markings to indicate clearly changed wording from any existing rule.
(7) An explanation of the strategy for maximizing public input on the proposed rule as prescribed by the Interagency Committee on Administrative Rules.
(8) A brief summary of the scientific information upon which the proposed rule is based, to the extent the proposed rule depends on scientific information for its validity. The summary shall refer to the scientific studies on which the proposed rule is based and shall explain the procedure for obtaining such studies from the agency.
(9) A concise summary in plain language explaining the rule and its effect.
(10) The specific statutory authority for the rule, and, if none exists, the general statutory authority for the rule.
(11) An explanation of why the rule is necessary.
(12) An explanation of the people, enterprises, and government entities affected by the rule.
(13) The name, address, and telephone number of an individual in the agency able to answer questions and receive comments on the proposal.
(14) A proposed schedule for completing the requirements of this chapter, including, if there is a hearing scheduled, the date, time, and place of that hearing and a deadline for receiving comments.
(15) Whether the rule contains an exemption from inspection and copying of public records or otherwise contains a Public Records Act exemption by designating information as confidential or limiting its public release and, if so, the asserted statutory authority for the exemption and a brief summary of the reason for the exemption.
(16) A signed and dated statement by the adopting authority approving the contents of the filing.
(b) Economic impact analysis; rules affecting small businesses and school districts.
(1) General requirements. The economic impact analysis shall analyze the anticipated costs and benefits to be expected from adoption of the rule. Specifically, each economic impact analysis shall, for each requirement in the rule:
(A) list each category of people, enterprises, and government entities potentially affected and estimate for each the costs and benefits anticipated; and
(B) compare the economic impact of the rule with the economic impact of other alternatives to the rule, including having no rule on the subject or a rule having separate requirements for small businesses.
(2) Small businesses. When a rule provides for the regulation of a small business, in the economic impact analysis, the agency shall include, when appropriate, a specific and clearly demarcated evaluation of ways by which a small business can reduce the cost and burden of compliance by specifying less numerous, detailed, or frequent reporting requirements or alternative methods of compliance. When an agency determines that such an evaluation is not appropriate, the economic impact statement shall briefly explain the reasons for this determination.
(A) An agency shall also include in this evaluation its consideration of creative, innovative, or flexible methods of compliance with the rule when the agency finds, in writing, that these methods of compliance would not:
(i) significantly reduce the effectiveness of the rule in achieving the objectives or purposes of the statutes being implemented or interpreted;
(ii) be inconsistent with the language or purpose of statutes that are implemented or interpreted by the rule; or
(iii) increase the risk to the health, safety, or welfare of the public or to the beneficiaries of the regulation or compromise the environmental standards of the State.
(B) This subdivision (2) shall not apply when the regulation is incidental to:
(i) a purchase of goods or services by the State or an agency thereof; or
(ii) the payment for goods or services by the State or an agency thereof for the benefit of a third party.
(3) School districts. If a rule affects or provides for the regulation of public education and public schools, the economic impact analysis shall include a specific and clearly demarcated evaluation of the cost implications to local school districts and school taxpayers and shall clearly state the associated costs. This evaluation also shall include consideration of alternatives to the rule, including having no rule on the subject, that would reduce or ameliorate costs to local school districts while achieving the objectives or purposes of the proposed rule.
(4) Most appropriate method. In addition, each economic impact analysis shall conclude that the rule is the most appropriate method of achieving the regulatory purpose. Only employees of the agency and information either already available to the agency or available at reasonable cost need be used in preparing economic impact analyses.
(c) Environmental impact analysis. The environmental impact analysis shall:
(1) Analyze the anticipated environmental impacts, whether positive or negative, from adoption of the rule. Examples of environmental impacts include the emission of greenhouse gases; the discharge of pollutants to water; and effects on the ability of the environment to provide benefits such as food and fresh water, regulation of climate and water flow, and recreation.
(2) Compare the environmental impact of the rule with the environmental impact of other alternatives to the rule, including having no rule on the subject.
(d) Incorporation by reference.
(1) A rule may incorporate by reference all or any part of a code, standard, or rule that has been adopted by an agency of the United States, this State, or another state or by a nationally recognized organization or association, if:
(A) repeating verbatim the text of the code, standard, or rule in the rule would be unduly cumbersome, expensive, or otherwise inexpedient; and
(B) the reference in the rule fully identifies the incorporated code, standard, or rule by citation, date, and place where copies are available.
(2) Materials incorporated by reference shall be readily available to the public. As used in this subsection, “readily available” means that all of the following apply:
(A) Each filing states where copies of the incorporated code, standard, or rule are available in written or electronic form from the agency adopting the rule or the agency of the United States, this State, another state, or the organization or association originally issuing the code, standard, or rule.
(B) A copy of the code, standard, or rule is made available for public inspection at the principal office of the agency and is available at that office for copying in the manner set forth in 1 V.S.A. § 316 and subject to the exceptions set forth in 1 V.S.A. § 317(c).
(C) The incorporated code, standard, or rule is made available for free public access online unless the agency is prevented from providing such access by law or legally enforceable contract.
(Added 1981, No. 82, § 6; amended 1985, No. 56, § 3; 1999, No. 146 (Adj. Sess.), § 4; 2001, No. 149 (Adj. Sess.), § 50, eff. June 27, 2002; 2007, No. 209 (Adj. Sess.), § 1; 2015, No. 3, § 1; 2017, No. 156 (Adj. Sess.), § 2.)
(a) Online. The Secretary of State shall publish online notice of a proposed rule within two weeks after receipt of the proposed rule. Notice shall include the following information:
(1) the name of the agency;
(2) the title or subject of the rule;
(3) a concise summary in plain language of the effect of the rule;
(4) an explanation of the people, enterprises, and governmental entities affected by the rule;
(5) a brief summary of the economic impact;
(6) the name, telephone number, and address of an agency official able to answer questions and receive comments on the proposal;
(7) the date, time, and place of the hearing or hearings; and
(8) the deadline for receiving comments.
(b) Editing of notices. The Secretary of State may edit all notices for clarity, brevity, and format and shall include a brief statement explaining how members of the public can participate in the rulemaking process.
(c) Newspaper publication. The Secretary of State shall arrange for one formal publication, in a consolidated advertisement in newspapers having general circulation in different parts of the State as newspapers of record approved by the Secretary of State, of information relating to all proposed rules that includes the following information:
(1) the name of the agency and its internet address;
(2) the title or subject and a concise summary of the rule and the internet address at which the rule may be viewed; and
(3) the office name, office telephone number, and office mailing address of an agency official able to answer questions and receive comments on the proposal.
(d) Reimbursement. The Secretary of State shall be reimbursed by agencies making publication in accordance with subsection (c) of this section so that all costs are prorated among agencies publishing at the same time.
(Added 1981, No. 82, § 6; amended 2009, No. 146 (Adj. Sess.), § F2; 2013, No. 1, § 79; 2017, No. 156 (Adj. Sess.), § 2.)
(a) The agency may hold one or more public hearings for each proposed rule. A public hearing shall be scheduled if so requested by 25 persons, by a governmental subdivision or agency, by the Interagency Committee on Administrative Rules, or by an association having 25 or more members. The first hearing shall not be held sooner than 30 days following the notice required by section 839 of this title.
(b) On request, the agency shall promptly provide a copy of a proposed or final proposed rule. If the copy is mailed, it shall be sent not later than the end of the third working day after the request is received. The agency may charge for copying costs in the amount provided by law.
(c) An agency shall afford all persons reasonable opportunity to submit data, views, or arguments, orally or in writing, at least through the seventh day following the last public hearing.
(d) The agency shall consider fully all written and oral submissions concerning the proposed rule and all submissions on separate requirements for small businesses. The agency shall provide information to all individuals who submitted written or oral comment on the procedure for adoption of rules and how to obtain changes in the proposed rule.
(e) If requested by an interested person at any time before 30 days after final adoption of a rule, the adopting authority shall issue an explanation of the proposed rule. The explanation shall include:
(1) a concise statement of the principal reasons for and against the adoption of the rule in its final form; and
(2) an explanation of why the adopting authority overruled the arguments and considerations against the rule.
(Added 1981, No. 82, § 6; amended 1985, No. 56, § 4; 1999, No. 146 (Adj. Sess.), § 5; 2009, No. 146 (Adj. Sess.), § F3.)
(a) After considering public comment as required in section 840 of this title, an agency shall file a final proposal with the Secretary of State and with the Legislative Committee on Administrative Rules. The Committee may require that the agency include an electronic copy of the final proposal with its filing.
(b) The filing of the final proposal shall include all information required to be filed with the original proposal, suitably amended to reflect any changes made in the rule and the fact that public hearing and comment have been completed.
(1) With the final proposal, the agency shall include a statement that succinctly and separately addresses each of the following:
(A) how the proposed rule is within the authority of the agency;
(B) why the proposed rule is not arbitrary;
(C) the strategy for maximizing public input that was prescribed by the Interagency Committee on Administrative Rules and the actions taken by the agency that demonstrate compliance with that strategy;
(D) the sufficiency of the economic impact analysis; and
(E) the sufficiency of the environmental impact analysis.
(2) When an agency decides in a final proposal to overrule substantial arguments and considerations raised for or against the original proposal or to reject suggestions with respect to separate requirements for small businesses, the final proposal shall include a description of the reasons for the agency’s decision.
(c) The Legislative Committee on Administrative Rules shall distribute a copy of the final proposal to:
(1) the chairs of the appropriate standing committees;
(2) each member of the appropriate standing committees who requests a copy of the filing; and
(3) the Chairs of the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations, if the cover sheet accompanying the filing identifies a Public Records Act exemption in the rule.
(d) The chair of a standing committee that considered legislation delegating rulemaking authority and, in the case of rules that create or enlarge the scope of a Public Records Act exemption, the Chairs of the House Committee on Government Operations and Military Affairs and Senate Committee on Government Operations, may convene the committee for the purpose of considering a recommended course of action for the Legislative Committee on Administrative Rules. The chair may convene such a meeting, pursuant to 2 V.S.A. § 23, while the General Assembly is not in session. Any recommended course of action shall be filed with the Legislative Committee on Administrative Rules no later than five working days before the Committee has scheduled a review of the proposed rule.
(Added 1981, No. 82, § 6; amended 1985, No. 56, § 5; 1989, No. 134 (Adj. Sess.); 1999, No. 146 (Adj. Sess.), § 6; 2001, No. 149 (Adj. Sess.), § 51, eff. June 27, 2002; 2015, No. 3, § 2; 2017, No. 156 (Adj. Sess.), § 2.)
(a) Objection; time frame; process.
(1) Within 45 days after the filing of a final proposal unless the agency consents to an extension of this review period, the Legislative Committee on Administrative Rules, by majority vote of the entire Committee, may object under subsection (b) of this section and recommend that the agency amend or withdraw the proposal. The agency shall be notified promptly of the objections. Failure to give timely notice shall be deemed approval.
(2) The agency shall within 14 days after receiving notice respond in writing to the Committee and send a copy to the Secretary of State. In its response, the agency may include revisions to the proposed rule or filing documents that seek to cure defects noted by the Committee.
(3) After receipt of this response, the Committee may withdraw or modify its objections.
(b) Grounds for objection. The Committee may object under this subsection if:
(1) a proposed rule is beyond the authority of the agency;
(2) a proposed rule is contrary to the intent of the Legislature;
(3) a proposed rule is arbitrary;
(4) the agency did not adhere to the strategy for maximizing public input prescribed by the Interagency Committee on Administrative Rules;
(5) a proposed rule is not written in a satisfactory style in accordance with section 833 of this title;
(6) the economic impact analysis fails to recognize a substantial economic impact of the proposed rule, fails to include an evaluation and statement of costs to local school districts required under section 838 of this title, or fails to recognize a substantial economic impact of the rule to such districts; or
(7) the environmental impact analysis fails to recognize a substantial environmental impact of the proposed rule.
(c) Objections; legal effect.
(1) When objection is made under this section, and the objection is not withdrawn after the agency responds, on majority vote of the entire Committee, it may file the objection in certified form with the Secretary of State. The objection shall contain a concise statement of the Committee’s reasons for its action. The Secretary shall affix to each objection a certification of its filing and as soon as practicable transmit a copy to the agency.
(2) After a Committee objection is filed with the Secretary under this subsection, or on the same grounds under subsection 817(d) of this title, to the extent that the objection covers a rule or portion of a rule, the burden of proof thereafter shall be on the agency in any action for judicial review or for enforcement of the rule to establish that the part objected to is within the authority delegated to the agency, is consistent with the intent of the Legislature, is not arbitrary, and is written in a satisfactory style in accordance with section 833 of this title, and that the agency did adhere to the strategy for maximizing public input prescribed by the Interagency Committee on Administrative Rules and its economic and environmental impact analyses did not fail to recognize a substantial economic or environmental impact. The objection of the Committee shall not be admissible evidence in any proceeding other than to establish the fact of the objection. If the agency fails to meet its burden of proof, the court shall declare the whole or portion of the rule objected to invalid.
(3) The failure of the Committee to object to a rule is not an implied legislative authorization of its substantive or procedural lawfulness.
(d) Notice of objection; inclusion on rule copies. When an objection is made under subsection (b) of this section and has been certified by the Secretary of State, notice of the objection shall be included on all copies of the rule distributed to the public.
(Added 1981, No. 82, § 6; amended 1981, No. 158 (Adj. Sess.), § 1; 1999, No. 9, § 1, eff. May 4, 1999; 2001, No. 149 (Adj. Sess.), § 52, eff. June 27, 2002; 2017, No. 156 (Adj. Sess.), § 2; 2019, No. 12, § 1, eff. April 30, 2019.)
(a) An adopting authority may adopt a properly filed final proposed rule after:
(1) The passage of 45 days after filing of a final proposal under section 841 of this title, provided the agency has not received notice of objection from the Legislative Committee on Administrative Rules;
(2) Receiving notice of approval from the Legislative Committee on Administrative Rules; or
(3) Responding to an objection of the Legislative Committee on Administrative Rules under section 842 of this title. After responding to such an objection, an agency may adopt the rule without change or may make a germane change in accordance with subsection (b) of this section.
(b) The text of the adopted rule shall be the same as the text of the final proposed rule submitted under section 841, except that any germane change may be made by the agency in response to an objection or expressed concern of the Legislative Committee on Administrative Rules.
(c) Adoption shall be complete upon proper filing with the Secretary of State and with the Legislative Committee on Administrative Rules. An agency shall have eight months from the date of initial filing with the Secretary of State to adopt a rule unless extended by action or request of the Legislative Committee on Administrative Rules. The Secretary of State shall refuse to accept a final filing after that date, except that:
(1) Within 30 days after discovering that the text of a final adopted rule deviates from the text of a final proposed rule as approved by the Legislative Committee on Administrative Rules, an agency shall correct the adopted rule to conform to the final proposed rule as so approved and shall refile the adopted rule in the manner set forth in this section, along with documentation demonstrating that the refiled adopted rule conforms to the final proposed rule as approved.
(2) An agency may refile a final adopted rule in the manner set forth in this section solely for the purpose of correcting one or more typographic errors that do not change the substance or effect of the rule.
(d) Adopted rules filed shall include:
(1) a cover sheet on a form prepared by the Secretary of State containing at least the following information:
(A) the name of the agency;
(B) the title or subject of the rule;
(C) a brief summary of any changes made since the filing of the final proposed rule, including any changes in expected economic impact;
(D) a summary of the dates on which the agency complied with the procedural requirements of this chapter; and
(E) a signed and dated statement by the adopting authority that the procedural requirements of this chapter have been met and that the adopting authority approves of the contents of the filing;
(2) an adopting page as required by section 838 of this title; and
(3) the text of the rule.
(e) After adopting a rule, the agency shall create a file containing all papers used or created in that action. The file shall be retained for at least one year.
(Added 1981, No. 82, § 6; amended 1983, No. 202 (Adj. Sess.), § 1, eff. April 26, 1984; 1999, No. 9, § 2, eff. May 4, 1999; 2017, No. 156 (Adj. Sess.), § 2; 2019, No. 12, § 1, eff. April 30, 2019.)
(a) Where an agency believes that there exists an imminent peril to public health, safety, or welfare, it may adopt an emergency rule. The rule may be adopted without having been prefiled or filed in proposed or final proposed form, and may be adopted after whatever notice and hearing the agency finds to be practicable under the circumstances. The agency shall make reasonable efforts to ensure that emergency rules are known to persons who may be affected by them.
(b) Emergency rules adopted under this section shall not remain in effect for more than 180 days. An agency may propose a permanent rule on the same subject at the same time that it adopts an emergency rule.
(c) Emergency rules adopted under this section shall be filed with the Secretary of State and with the Legislative Committee on Administrative Rules. The Legislative Committee on Administrative Rules shall distribute copies of emergency rules to the appropriate standing committees.
(d) Emergency rules adopted under this section shall include:
(1) as much of the information required for the filing of a proposed rule as is practicable under the circumstances; and
(2) a signed and dated statement by the adopting authority explaining the nature of the imminent peril to the public health, safety, or welfare and approving of the contents of the rules.
(e)(1) On a majority vote of the entire Committee, the Committee may object under this subsection if an emergency rule is:
(A) beyond the authority of the agency;
(B) contrary to the intent of the Legislature;
(C) arbitrary; or
(D) not necessitated by an imminent peril to public health, safety, or welfare sufficient to justify adoption of an emergency rule.
(2) When objection is made under this subsection, on majority vote of the entire Committee, the Committee may file the objection in certified form with the Secretary of State. The objection shall contain a concise statement of the Committee’s reasons for its action. The Secretary shall affix to each objection a certification of its filing and as soon as practicable transmit a copy to the agency. After a Committee objection is filed with the Secretary under this subsection, to the extent that the objection covers a rule or portion of a rule, the burden of proof thereafter shall be on the agency in any action for judicial review or for enforcement of the rule to establish that the part objected to is within the authority delegated to the agency, is consistent with the intent of the Legislature, is not arbitrary, and is justified by an imminent peril to the public health, safety, or welfare. If the agency fails to meet its burden of proof, the court shall declare the whole or portion of the rule objected to invalid. The failure of the Committee to object to a rule is not an implied legislative authorization of its substantive or procedural lawfulness.
(3) When the Committee makes an objection to an emergency rule under this subsection, the agency may withdraw the rule to which an objection was made. Prior to withdrawal, the agency shall give notice to the Committee of its intent to withdraw the rule. A rule shall be withdrawn upon the filing of a notice of withdrawal with the Secretary of State and the Committee. If the emergency rule amended an existing rule, upon withdrawal of the emergency rule, the existing rule shall revert to its original form, as though the emergency rule had never been adopted.
(f) In response to an expressed concern of the Legislative Committee on Administrative Rules, an agency may make a germane change to an emergency rule that is approved by the Committee. A change under this subsection shall not be considered a newly adopted emergency rule and shall not extend the period during which the emergency rule remains in effect.
(g) In the alternative to the grounds specified in subsection (a) of this section, an agency may adopt emergency amendments to existing rules using the process set forth in this section if each of the subdivisions (1)-(5) of this subsection applies. On a majority vote of the entire Committee, the Legislative Committee on Administrative Rules may object to the emergency amendments on the basis that one or more of these subdivisions do not apply or under subdivision (e)(1)(A), (B), or (C) of this section, or both.
(1) The existing rules implement a program controlled by federal statute or rule or by a multistate entity.
(2) The controlling federal statute or rule has been amended to require a change in the program, or the multistate entity has made a change in the program that is to be implemented in all of the participating states.
(3) The controlling federal statute or rule or the multistate entity requires implementation of the change within 120 days or less.
(4) The adopting authority finds each of the following in writing:
(A) The agency cannot by the date required for implementation complete the final adoption of amended rules using the process set forth in sections 837 through 843 of this title.
(B) Failure to amend the rules by the date required for implementation would cause significant harm to the public health, safety, or welfare or significant financial loss to the State.
(5) On the date the emergency rule amendments are adopted pursuant to this subsection, the adopting authority prefiles a corresponding permanent rule pursuant to section 837 of this title.
(Added 1981, No. 82, § 6; amended 1995, No. 61, § 2; 2011, No. 89 (Adj. Sess.), § 1; 2017, No. 156 (Adj. Sess.), § 2.)
(a) Rules shall be valid and binding on persons they affect and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise. Except as provided by subsections 842(c) and 844(e) of this title, rules shall be prima facie evidence of the proper interpretation of the matter to which they refer.
(b) No agency shall grant routine waivers of or variances from any provisions of its rules without either amending the rules or providing by rule for a process and specific criteria under which the agency may grant a waiver or variance in writing. The duration of the waiver or variance may be temporary if the rule so provides.
(c) Nothing in this chapter:
(1) allows rules to provide for penalties, fines, or imprisonment not authorized by other law;
(2) enlarges the authority of any agency to impose requirements on any member of the public; or
(3) allows an agency by rule to require permits, licenses, or fees or to define unprofessional conduct unless specifically authorized by other law.
(d) Rules adopted under this chapter shall take effect 15 days after adoption is complete or at a later time provided in the text of the rule or on its adopting page. However, an emergency rule shall take effect upon filing, or at a later time provided in the text of the rule or on its adopting page.
(e) Rules shall remain in effect until:
(1) repealed or modified by subsequent rule;
(2) limited or invalidated by a court; or
(3) repealed or modified by statute.
(Added 1981, No. 82, § 6; amended 1995, No. 61, § 3; 1995, No. 186 (Adj. Sess.), § 32, eff. May 22, 1996; 1999, No. 52, § 44; 2017, No. 156 (Adj. Sess.), § 2.)
(a) The following shall prevent a rule from taking effect:
(1) failure to file with the Secretary of State;
(2) failure to file with the Legislative Committee on Administrative Rules;
(3) failure to file with the Interagency Committee on Administrative Rules; or
(4) failure to respond to an objection of the Legislative Committee on Administrative Rules as required in section 842 of this title.
(b) The following shall not affect the validity of a rule after its adoption:
(1) inadvertent failure to make required assurances relating to an incorporation by reference;
(2) amendment after public hearing of the text of a proposed rule in a manner that does not cause the published summary of the rule to become misleading or inadequate;
(3) failure to certify that all procedures required by this chapter have been satisfied;
(4) failure to meet the style requirements of section 833 of this title; or
(5) inadvertent failure to mail notice or copies of any rule.
(c) Failure to identify the creation or enlargement in scope of a Public Records Act exemption in accordance with subdivision 838(a)(15) or subsection 841(b) of this subchapter shall render invalid the provisions of the rule that create or enlarge the exemption.
(d) For other violations of this chapter, the Court may fashion appropriate relief.
(e) An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter, other than those listed in subsections (a) and (c) of this section, must be commenced within one year after the effective date of the rule.
(Added 1981, No. 82, § 6; amended 1995, No. 61 § 4; 2001, No. 149 (Adj. Sess.), § 53, eff. June 27, 2002; 2015, No. 3, § 3; 2023, No. 85 (Adj. Sess.), § 4, eff. July 1, 2024.)
(a) Availability from agency. An agency shall make each rule it has finally adopted available to the public online and for physical inspection and copying. Online, the agency shall post its adopted rules on a separate web page that is readily accessible from a prominent link on its main web page, that lists adopted rules by title and topic and that is searchable.
(b) Register; code.
(1) The Secretary of State (Secretary) shall keep open to public inspection a permanent register of rules. The Secretary may satisfy this requirement by incorporating the register into the centralized rule system created pursuant to section 818 of this title.
(2) The Secretary shall publish a code of administrative rules that contains the rules adopted under this chapter. The requirement to publish a code shall be considered satisfied if a commercial publisher offers such a code in print at a competitive price and at no charge online. However, if the Secretary establishes the centralized rule system under section 818 of this title as a digital system, then the system shall include the online publication of this code.
(c) Rules for administration. The Secretary of State shall adopt rules for the effective administration of this chapter. These rules shall be applicable to every agency and shall include uniform procedural requirements, style, appropriate forms, and a system for compiling and indexing rules.
(Added 1981, No. 82, § 6; amended 1995, No. 61, § 5; 2013, No. 142 (Adj. Sess.), § 10; 2015, No. 131 (Adj. Sess.), § 19; 2015, No. 169 (Adj. Sess.), § 11; 2017, No. 156 (Adj. Sess.), § 2.)
(a) Repeal by operation of law. A rule shall be repealed without formal proceedings under this chapter if:
(1) the agency that adopted the rule is abolished and its authority, specifically including its authority to implement its existing rules, has not been transferred to another agency;
(2) a court of competent jurisdiction has declared the rule to be invalid; or
(3) the statutory authority for the rule, as stated by the agency under subdivision 838(a)(10) of this title, is repealed by the General Assembly or declared invalid by a court of competent jurisdiction.
(b) Notice to Secretary of State; deletion. When a rule is repealed by operation of law under this section, the agency that adopted the rule shall notify the Secretary of State in such manner as the Secretary may prescribe by rule or procedure, and the Secretary shall delete the rule from the published code of administrative rules.
(c) Repeal for nonpublication.
(1) On July 1, 2018, a rule shall be repealed without formal proceedings under this chapter if:
(A) as of July 1, 2016, the rule was in effect but not published in the code of administrative rules; and
(B) the rule is not published in such code before July 1, 2018.
(2) An agency seeking to publish a rule described in subdivision (1) of this subsection may submit a digital copy of the rule to the Secretary of State with proof acceptable to the Secretary that as of July 1, 2016 the rule was adopted and in effect under this chapter and the digital copy consists of the text of such rule without change.
(d) Amendment of authority for rule.
(1) If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is amended by the General Assembly, and the amendment does not transfer authority from the adopting agency to another agency, the agency within 30 days following the effective date of the statutory amendment shall review the rule and make a written determination as to whether the statutory amendment repeals the authority upon which the rule is based or requires revision of the rule and shall submit a copy of this written determination to the Secretary of State and the Legislative Committee on Administrative Rules, in such manner as the Secretary may prescribe by rule or procedure.
(2) If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is transferred by act of the General Assembly to another agency, the agency to which the authority is transferred shall provide notice of the transfer, in such manner as the Secretary of State may prescribe by rule or procedure, within 30 days following the effective date of the statutory amendment, to the Secretary and the Legislative Committee on Administrative Rules.
(Added 1983, No. 202 (Adj. Sess.), § 2, eff. April 26, 1984; amended 2015, No. 169 (Adj. Sess.), § 12; 2017, No. 156 (Adj. Sess.), § 2; 2019, No. 14, § 4, eff. April 30, 2019.)
[Repealed]
2017, No. 156 (Adj. Sess.), § 2.
Any federal regulation incorporated by reference into a Vermont Rule as of January 1, 2025 shall continue in effect as a State rule until January 31, 2029 or when the State rule is next amended, whichever is sooner, regardless of whether the federal rule was later repealed or amended. The secretary of an agency or commissioner of a department, as applicable, shall provide notice of these incorporated regulations by posting them on the agency or department website. Nothing in this section shall prevent the secretary or commissioner from adopting or amending a rule pursuant to this chapter, including emergency rulemaking.
(Added 2025, No. 57, § 20, eff. June 11, 2025; repealed by 2025, No. 57, § 23, eff. January 31, 2029.)
[Repealed]
(Added 2025, No. 57, § 20, eff. June 11, 2025; repealed by 2025, No. 57, § 23, eff. January 31, 2029.)
It is the purpose and policy of this chapter to prescribe the legitimate rights of both State employees and the State of Vermont and of Vermont State Colleges and the University of Vermont in their relations with each other; to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other; to protect the rights of individual employees in their relations with labor organizations; to define and proscribe practices on the part of labor, the State of Vermont, the Vermont State Colleges, and the University of Vermont that are harmful to the general welfare; and to protect the rights of the public in connection with labor disputes.
(Added 1969, No. 113, § 1; amended 1987, No. 177 (Adj. Sess.), § 1.)
As used in this chapter:
(1) “Board” means the State Labor Relations Board established under section 921 of this title.
(2) “Collective bargaining” or “bargaining collectively” means the process of negotiating terms, tenure, or conditions of employment between the State of Vermont, the Vermont State Colleges, the University of Vermont, or the Department of State’s Attorneys and Sheriffs and representatives of employees with the intent to arrive at an agreement that, when reached, shall be reduced to writing.
(3) “Collective bargaining unit” means the employees of an employer, being either all of the employees, the members of a department or agency, or such other unit or units as the Board may determine are most appropriate to best represent the interests of employees.
(4) “Employee” means a State employee as defined by subdivision (5) of this section except as the context requires otherwise.
(5) “State employee” means any individual employed on a permanent or limited-status basis by the State of Vermont, the Vermont State Colleges, the University of Vermont, the State’s Attorneys’ offices, or as a full-time deputy sheriff paid by the State pursuant to 24 V.S.A. § 290(b), including permanent part-time employees, and an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, but excluding an individual:
(A) exempt or excluded from the State classified service under the provisions of section 311 of this title, except that the State Police in the Department of Public Safety; employees of the Defender General, excluding attorneys employed directly by the Defender General and attorneys contracted to provide legal services; deputy State’s Attorneys; employees of State’s Attorneys’ offices; and full-time deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) are included within the meaning of “State employee”;
(B) employed in the Office of the Lieutenant Governor;
(C) employed as the legal assistant to the Attorney General authorized by section 155 of this title;
(D) employed as a department or agency head or deputy officer not included in section 311 of this title, head of an institution or as a division director in the Agency of Administration, and similar positions in the Vermont State Colleges or the University of Vermont;
(E) employed by any other person who is not an employer as defined in subdivision (7) of this section;
(F) employed as a managerial employee;
(G) employed in the classified service as a private secretary within the meaning of subdivision 311(a)(3) of this title;
(H) employed in the Department of Human Resources;
(I) employed in the Department of Finance and Management as a budget and management analyst, a revenue research analyst, director of budget and management operations, director of program formulation and evaluation, and director of State information systems;
(J) determined after hearing by the Board, upon petition of any individual desiring exclusion, of the employer, or of a collective bargaining unit, to be in a position that is so inconsistent with the spirit and intent of this chapter as to warrant exclusion; or
(K) employed as a confidential employee.
(6) “Employee organization” means an organization of any kind in which employees participate and that exists for the purpose of representing its members, if certified by the Board as an exclusive representative for the purposes of collective bargaining.
(7)(A) “Employer” means the State of Vermont, excluding the Legislative and Judiciary Departments, represented by the Governor or designee, the Office of the Defender General represented by the Defender General or designee, Vermont State Colleges represented by the Chancellor or designee, and the University of Vermont represented by the President or designee.
(B) With respect to employees of State’s Attorneys’ offices and full-time deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b), “employer” means the Department of State’s Attorneys and Sheriffs represented by the Executive Director or designee. Nothing in this subdivision (7)(B) shall be construed to affect a sheriff’s deputation authority pursuant to 24 V.S.A. § 307(a).
(8) “Strike” means any concerted stoppage of work by employees and any concerted slowdown, interference, or interruption of operations or services by employees. For purposes of this chapter, “strike” also includes boycotts of any kind, picketing, refusal to use any products or services or to work or cooperate with any person by employees in the course of their employment when properly directed to do so by the employer or any lawfully constituted supervisor or superior.
(9) “Labor dispute” includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
(10) “Person” includes one or more individuals, the State of Vermont, Vermont State Colleges, University of Vermont, Department of State’s Attorneys and Sheriffs, employee organizations, labor organizations, partnerships, corporations, legal representatives, trustees, or any other natural or legal entity whatsoever.
(11) “Representatives” includes any individual or individuals certified by the Board to represent employees or employee organizations in collective bargaining or grievance proceedings.
(12) “State Police member” means any member of the Department of Public Safety assigned to law enforcement and police duties.
(13) [Repealed.]
(14) “Grievance” means an employee’s, group of employees’, or the employee’s collective bargaining representative’s expressed dissatisfaction, presented in writing, with aspects of employment or working conditions under a collective bargaining agreement or the discriminatory application of a rule or regulation, that has not been resolved to a satisfactory result through informal discussion with immediate supervisors.
(15) “Complaint” means an employee’s, or group of employees’, informal expression to the immediate supervisor of dissatisfaction with aspects of employment or working conditions under a collective bargaining agreement.
(16) “Supervisory employee” means an individual finally determined by the Board as having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.
(17) “Confidential employee” means an employee finally determined by the Board as having responsibility or knowledge or access to information relating to collective bargaining, personnel administration, or budgetary matters that would make membership in or representation by an employee organization incompatible with the employee’s official duties.
(18) “Managerial employee” is an individual finally determined by the Board as being in an exempt or classified position that requires the individual to function as an agency, department, or institution head; a major program or division director; a major section chief; or director of a district operation.
(19) “Collective bargaining service fee” means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, which is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee. The collective bargaining service fee shall not exceed 85 percent of the amount payable as dues by members of the employee organization and shall be deducted in the same manner as dues are deducted from the salary or wages of members of the employee organization and shall be used to defray the costs of chargeable activities.
(Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 5, eff. April 3, 1972; 1975, No. 152 (Adj. Sess.), § 1; 1977, No. 109, §§ 4, 4a, 33(e); 1987, No. 177 (Adj. Sess.), § 2; 1993, No. 227 (Adj. Sess.), § 27; 1997, No. 92 (Adj. Sess.), §§ 1, 2; 2003, No. 156 (Adj. Sess.), § 15; 2013, No. 37, § 1; 2017, No. 81, § 3, eff. June 15, 2017; 2021, No. 125 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 6, § 2, eff. July 1, 2023.)
(a) Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through representatives of their own choice; and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities, except as provided in subsections (b) and (c) of this section, and to appeal grievances as provided in this chapter.
(b) A State employee may not strike or recognize a picket line of an employee or labor organization while in the performance of his or her official duties.
(c) An employee who exercises the right not to join the employee organization representing the employee’s collective bargaining unit shall pay the collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.
(d) All employers, their officers, agents, and employees or representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 904 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees thereof.
(e) Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee’s wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction.
(Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 6; 1993, No. 227 (Adj. Sess.), § 28; 2013, No. 37, § 2; 2019, No. 180 (Adj. Sess.), § 4, eff. Jan. 1, 2021.)
(a) All matters relating to the relationship between the employer and employees shall be the subject of collective bargaining except those matters that are prescribed or controlled by statute. The matters appropriate for collective bargaining to the extent they are not prescribed or controlled by statute include:
(1) wages, salaries, benefits, and reimbursement practices relating to necessary expenses and the limits of reimbursable expenses;
(2) minimum hours per week;
(3) working conditions;
(4) overtime compensation and related matters;
(5) leave compensation and related matters;
(6) reduction-in-force procedures;
(7) grievance procedures, including whether an appeal to the Vermont Labor Relations Board or binding arbitration, or both, will constitute the final step in a grievance procedure;
(8) terms of coverage and amount of employee financial participation in insurance programs, except that the Department of State’s Attorneys and Sheriffs and the deputy State’s Attorneys, other employees of the State’s Attorneys’ offices, and deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) shall not bargain in relation to terms of coverage and the amount of employee financial participation in insurance programs;
(9) rules for personnel administration, except the following: rules relating to persons exempt from the classified service under section 311 of this title and rules relating to applicants for employment in State service and employees in an initial probationary status, including any extension or extensions thereof, provided the rules are not discriminatory by reason of an applicant’s race, color, creed, sex, national origin, sexual orientation, gender identity, ancestry, place of birth, age, or physical or mental condition; and
(10) the manner in which to enforce an employee’s obligation to pay the collective bargaining service fee.
(b) This chapter shall not be construed to be in derogation of or contravene the spirit and intent of the merit system principles and the personnel laws.
(Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 7, eff. April 3, 1972; 1977, No. 109, § 5; 1993, No. 227 (Adj. Sess.), § 29; 2013, No. 37, § 3; 2015, No. 35, § 2, eff. May 26, 2015; 2017, No. 81, § 4, eff. June 15, 2017; 2021, No. 125 (Adj. Sess.), § 5, eff. July 1, 2022.)
(a) The Governor or designee for the State of Vermont, the Chancellor or designee for the Vermont State Colleges, the President or designee for the University of Vermont, and the Executive Director or designee for the Department of State’s Attorneys and Sheriffs shall act as the employer representatives in collective bargaining negotiations and administration. The representative shall be responsible for ensuring consistency in the terms and conditions in various agreements throughout the State service and ensuring compatibility with merit system statutes and principles and shall not agree to any terms or conditions for which there are not adequate funds available.
(b) Subject to rights guaranteed by this chapter and subject to all other applicable laws, rules, and regulations, nothing in this chapter shall be construed to interfere with the right of the employer to:
(1) carry out the statutory mandate and goals of the agency, or of the Colleges, and to utilize personnel, methods, and means in the most appropriate manner possible;
(2) with the approval of the Governor, take whatever action may be necessary to carry out the mission of the agency in an emergency situation.
(Added 1969, No. 113, § 1; amended 1987, No. 177 (Adj. Sess.), § 3; 2017, No. 81, § 5, eff. June 15, 2017.)
(a) The Commissioner of Human Resources shall determine those positions in the classified service whose incumbents the Commissioner believes should be designated as managerial, supervisory, or confidential employees. Any disputes arising from the determination shall be finally resolved by the Board.
(b)(1) The Executive Director of the Department of State’s Attorneys and Sheriffs may determine positions in the State’s Attorneys’ offices whose incumbents the Executive Director believes should be designated as managerial, supervisory, or confidential employees. Any disputes arising from the determination shall be finally resolved by the Board.
(2) The Executive Director of the Department of State’s Attorneys and Sheriffs may designate as a confidential employee not more than one deputy sheriff paid by the State pursuant to 24 V.S.A. § 290(b) who is assigned to the Department of State’s Attorneys and Sheriffs’ central office to serve as the coordinator for the other State-paid deputies.
(Added 1971, No. 193 (Adj. Sess.), § 18, eff. April 3, 1972; amended 1977, No. 109, § 5a, eff. July 3, 1977; 2003, No. 156 (Adj. Sess.), § 15; 2017, No. 81, § 6, eff. June 15, 2017; 2021, No. 125 (Adj. Sess.), § 2, eff. July 1, 2022.)
Classified employees in the management unit certified by the Board, who are determined to be supervisory employees as defined by section 902 of this title and who are not determined to be managerial or confidential employees as defined by section 902 of this title, shall remain members of that unit, which shall be referred to as the “supervisory” unit. Employees who are determined to be supervisory employees under the provisions of section 906 of this title shall become members of the supervisory unit. A representative election shall not be required as a result of this change.
(Added 1971, No. 193 (Adj. Sess.), § 19, eff. April 3, 1972; amended 1977, No. 109, § 5b, eff. July 3, 1977; 2025, No. 18, § 14, eff. May 13, 2025.)
Employees of the State’s Attorneys’ offices shall be part of one or more statewide bargaining units, as determined to be appropriate by the Board pursuant to sections 927 and 941 of this title, for the purpose of bargaining collectively pursuant to this chapter.
(Added 2017, No. 81, § 7, eff. June 15, 2017.)
(a) An employer shall provide the employee organization that is the exclusive representative of the employees in a bargaining unit with an opportunity to meet with each newly hired employee in the bargaining unit to present information about the employee organization.
(b)(1) The meeting shall occur during the new employee’s orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired.
(2) If the meeting is not held during the new employee’s orientation, it shall be held during the new employee’s regular work hours and at his or her regular worksite or a location mutually agreed to by the employer and the employee organization.
(3) The employee organization shall be permitted to meet with the employee for not less than 60 minutes.
(4) The employee shall be paid for attending the meeting at his or her regular rate of pay.
(c)(1) Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and email address, home address, personal email address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information.
(2) The employee’s home address, personal email address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
(d) The employer shall provide the employee organization with not less than 10 calendar days’ notice of an orientation for newly hired employees in a bargaining unit.
(Added 2019, No. 180 (Adj. Sess.), § 10, eff. Jan. 1, 2021.)
(a) Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.
(b) The list shall include, as appropriate, each employee’s name, work location, job classification, and contact information. As used in this section, “contact information” includes an employee’s home address, personal email address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.
(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.
(d) The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
(Added 2019, No. 180 (Adj. Sess.), § 14, eff. Jan. 1, 2021.)
(a) Deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) shall be part of a single, separate statewide bargaining unit, as determined to be appropriate by the Board pursuant to section 941 of this title, for the purpose of bargaining collectively pursuant to this chapter.
(b) The bargaining unit created pursuant to this section shall be referred to as the State-Paid Deputy Sheriffs Unit.
(Added 2021, No. 125 (Adj. Sess.), § 3, eff. July 1, 2022.)
(a) There is hereby created a State Labor Relations Board composed of six members. The Governor shall appoint the members with the advice and consent of the Senate for a term of six years or for the member’s unexpired term from a list of nominees presented by the Labor Board Review Panel. The appointments shall be made within 60 days of an expired term or vacancy.
(1) The Labor Board Review Panel shall be composed of five members to include the executive director of the Vermont Bar Association, the Commissioner of Labor, the State Court Administrator, and a representative of labor and a representative of employers, both of whom shall be appointed for two-year terms by the Commissioner of Labor from names provided by labor organizations and employers in the State. The Commissioner shall request names of potential representatives of labor and employers from at least three Vermont labor organizations and three Vermont employer organizations, respectively.
(2) The Labor Board Review Panel shall:
(A) At least 90 days prior to the expiration of a term or as soon as a vacancy is announced or created, request from both Vermont labor organizations and Vermont employer organizations, over which the Board has jurisdiction for dispute adjudication, and from organizations that train or employ persons to serve in a neutral role in labor management relations a list of nominees for each position that is to be filled. The Review Panel shall issue public notices of vacancies on the Board. An individual may apply for consideration as a nominee for a vacant Board position.
(B)(i) Consider the experience, knowledge, character, integrity, judgment, and ability to act in a fair and impartial manner of each nominee in compiling a list of nominees for Board membership. The Review Panel shall consider the skills, perspectives, and experience of the nominees and ensure a continuing balance on the Board of labor, management, and neutral backgrounds in determining those nominees qualified to be forwarded to the Governor under subdivision (C) of this subdivision (2).
(ii) For each individual that the Panel is considering forwarding to the Governor under subdivision (C) of this subdivision (2), the Panel shall interview the individual and contact at least one individual who can serve as a reference for the individual under consideration.
(iii) “Nominees with neutral backgrounds” means individuals in high standing not connected with any labor organization or management position and who can be reasonably considered to be able to serve as an impartial individual.
(C) Submit to the Governor a list of nominees whom the Panel has determined to be qualified for membership on the Board, from which the Governor shall appoint the members for unexpired terms or to fill vacancies. The Governor may request additional names from the Panel.
(3) To be eligible for appointment to the Board an individual shall be a citizen of the United States and resident of the State of Vermont for one year immediately preceding appointment. A member of the Board may not hold any other State office.
(4) Each case that comes before the Board for a hearing shall be heard and decided by a panel of three or five members appointed by the Board Chair. Two members of a three-member panel and three members of a five-member panel shall constitute a quorum with authority to conduct a hearing, provided that all members of the panel shall review the record and participate in the panel’s decision. The Board may review a proposed decision by a panel prior to its issuance for the sole purpose of insuring that questions of law are being decided in a consistent manner.
(b) The Board shall elect a chair from its members every two years.
(c) The Board may not be attached to any State department or agency and shall operate independently.
(d) The members of the Board, except the Chair or the chair of a Board panel, shall be entitled to compensation of $125.00 a day for time spent in the performance of their duties. The Chair or the chair of a Board panel shall be entitled to compensation in the amount of $175.00 a day for time spent in the performance of his or her duties. The members, including the Chair, shall be reimbursed for their necessary expenses incurred in the performance of their duties.
(e) The Board may not issue orders for the implementation of which the Legislature has not appropriated adequate funds.
(Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 21, eff. April 3, 1972; 1975, No. 152 (Adj. Sess.), § 2; 1979, No. 59, § 30; 1985, No. 133 (Adj. Sess.), § 1; 1987, No. 183 (Adj. Sess.), § 18; 2005, No. 187 (Adj. Sess.), § 1, eff. May 25, 2006; 2018, No. 2 (Sp. Sess.), § 14; 2021, No. 20, § 4.)
(a) The Secretary of Administration shall, upon request by the State Labor Relations Board, allow the Board the responsible use of public buildings under his or her control and furnish heat, light, and furniture for any meeting or hearing called by the Board.
(b) The Board may employ such employees and agents as it deems necessary and may employ a reporter for taking and transcribing testimony in hearing before it.
(Added 1969, No. 113, § 1; amended 1975, No. 152 (Adj. Sess.), § 3.)
The Board may retain an attorney or attorneys qualified in labor law to represent it in all matters under this chapter.
(Added 1969, No. 113, § 1.)
(a) [Repealed.]
(b) In all proceedings under this chapter, no evidence shall be admitted or considered that relates to conduct or statements made in compromise negotiations, including mediation, unless otherwise agreed to by the parties. This subsection does not require exclusion of evidence otherwise obtainable from independent sources because it was presented in the course of compromise negotiations nor does it require exclusion of evidence offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct an investigation.
(c) Until a transcript of the record in a case is filed in a court under this chapter, the Board at any time upon reasonable notice and in such manner as it considers proper may modify or set aside wholly or partially a finding made or order issued by it.
(d) The Board may appoint a mediator to assist in resolving differences.
(e) In addition to its responsibilities under this chapter, the Board shall carry out the responsibilities given to it under 21 V.S.A. chapters 19 and 22 and chapter 28 of this title and when so doing shall exercise the powers and follow the procedures set out in that chapter.
(f) The Board may cooperate with other agencies, either of the United States or of another state, in all matters concerning the powers and duties of the Board under this chapter and particularly in relation to agreements providing for the ceding to the Board by the National Labor Relations Board of jurisdiction over cases in any industry predominantly local in character.
(Added 1969, No. 113, § 1; amended 1975, No. 152 (Adj. Sess.), § 4; 1997, No. 92 (Adj. Sess.), § 3; 2005, No. 194 (Adj. Sess.), § 1; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)
(a) Whenever the representatives of a collective bargaining unit and the representative of the employer, after a reasonable period of negotiation reach an impasse during the course of collective bargaining on subjects defined in section 904 of this title, the Board, upon petition of either or both parties, may authorize the parties to submit their differences to mediation. The Board shall within five days appoint a mediator who shall communicate with the employer and the employees or their representatives and endeavor by mediation to obtain an amicable settlement. Any mediator so appointed shall be a person of high standing in no way actively connected with labor or management.
(b) If after a reasonable period of time not less than 15 days after the appointment of a mediator the impasse is not resolved, the mediator shall certify to the Board that the impasse continues. The Board shall appoint a fact finder mutually agreed upon by the parties. If the parties do not agree, the Board may appoint a neutral third party to act as fact finder pursuant to rules adopted by the Board.
(c) [Repealed.]
(d) The fact finder shall conduct hearings, pursuant to rules established by the Board. Upon request of either party or of the fact finder, the Board may issue subpoenas of persons and documents for the hearings and the fact finder may require that testimony be given under oath and may administer oaths.
(e) Nothing herein shall prohibit a fact finder from endeavoring to mediate the dispute, which the fact finder is considering, at any time prior to the issuance of recommendations.
(f) The fact finder shall consider, if applicable to the issues, the following factors, among others, in making a recommendation:
(1) wage and salary schedules and employee benefits to the extent they are inconsistent with prevailing rates both internally and in commerce and industry for comparable work within the State;
(2) work schedules relating to assigned hours and days of the week as they relate to the employee’s needs and the general public’s requirement for continual service;
(3) general working conditions as they compare with generally accepted safety standards and conditions prevailing in commerce and industry within the State.
(g) Upon completion of the hearings, the fact finder shall make and file with both parties written findings and recommendations.
(h) The costs of witnesses and other expenses incurred by either party in fact-finding proceedings shall be paid directly by the party incurring them, and the costs and expenses of the fact finder shall be divided equally between the parties. Each party shall make payment of its half of the total to the fact finder within 15 days after receipt of the fact finder’s bill.
(i)(1) In the case of the Vermont State Colleges or the University of Vermont, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board. Each party’s last best offer shall be filed with the Board under seal and shall be unsealed and placed in the public record only when both parties’ last best offers are filed with the Board. The Board shall hold one or more hearings. Within 30 days of the certifications, the Board shall select between the last best offers of the parties, considered in their entirety without amendment.
(2)(A) In the case of the State of Vermont or the Department of State’s Attorneys and Sheriffs, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board, or upon the request of either party, to an arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, the American Arbitration Association shall appoint a neutral third party to act as arbitrator.
(B)(i) Each party’s last best offer shall be filed with the Board or the arbitrator under seal and shall be unsealed and placed in the public record only when both parties’ last best offers are filed with the Board or the arbitrator.
(ii) A party’s last best offer shall not include a proposal to:
(I) provide alternative health coverage to retired State employees that has not been agreed to pursuant to the provisions of subdivision 479(a)(2) of this title; or
(II) provide health coverage that includes a Medicare Advantage plan or similar plan established pursuant to Title XVIII of the Social Security Act unless the inclusion of the plan has been agreed to by both parties.
(iii) The Board or the arbitrator shall hold one or more hearings. Within 30 days of the certifications, the Board or the arbitrator shall select between the last best offers of the parties, considered in their entirety without amendment.
(j) Notwithstanding the provisions of subsection (i) of this section:
(1) In the case of the Vermont State Colleges or the University of Vermont, should the Board find the last best offers of both parties unreasonable and likely to produce undesirable results, or likely to result in a long-lasting negative impact upon the parties’ collective bargaining relationship, then the Board may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board in the last best offers.
(2) In the case of the State of Vermont or the Department of State’s Attorneys and Sheriffs, should the Board or the arbitrator find the last best offers of both parties unreasonable and likely to produce undesirable results, or likely to result in a long-lasting negative impact upon the parties’ collective bargaining relationship, then the Board or the arbitrator may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board or the arbitrator in the last best offers.
(k)(1) In the case of the University of Vermont or the Vermont State Colleges, the decision of the Board shall be final and binding on each party.
(2) In the case of the State of Vermont or the Department of State’s Attorneys and Sheriffs, the decision of the Board or the arbitrator shall be final, and the terms of the chosen agreement shall be binding on each party, subject to appropriations in accordance with subsection 982(d) of this title.
(l) Nothing herein shall be construed to permit an arbitrator or the Board to issue an order under subsection (i) of this section binding upon the parties that is in conflict with any statute or any rule or regulation that is not bargainable.
(Added 1969, No. 113, § 1; amended 1971, No. 185 (Adj. Sess.), § 2, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 8, eff. April 3, 1972; 1977, No. 109, § 6; 1987, No. 177 (Adj. Sess.), § 4; 2005, No. 71, § 178a, eff. June 21, 2005; 2005, No. 1 (Spec. Sess.), § 1; 2005, No. 194 (Adj. Sess.), § 2; 2011, No. 22, § 1; 2017, No. 81, § 8, eff. June 15, 2017; 2019, No. 61, § 21; 2023, No. 78, § E.108.2, eff. July 1, 2023.)
(a) The Board shall hear and make a final determination on the grievances of all employees who are eligible to appeal grievances to the Board. Grievance hearings at the Board level shall be conducted in accordance with the rules adopted by the Board. The right to institute grievance proceedings extends to individual employees, groups of employees, and collective bargaining units.
(b) A collective bargaining agreement may provide for binding arbitration as a final step of a grievance procedure, rather than a hearing by the Board. An agreement that includes a binding arbitration provision shall also include the procedure for selecting an arbitrator.
(c) If a collective bargaining agreement provides for binding arbitration as a final step of a grievance procedure, the agreement may also establish:
(1) procedural rules for conducting grievance arbitration proceedings;
(2) whether grievance arbitration proceedings will be confidential; and
(3) whether arbitrated grievance determinations will have precedential value.
(d) An arbitrator chosen or appointed under this section shall have no authority to add to, subtract from, or modify the collective bargaining agreement.
(e) Any collective bargaining agreement that contains a binding arbitration provision pursuant to this section shall include an acknowledgement of arbitration that provides substantially the following:
ACKNOWLEDGEMENT OF ARBITRATION
(The parties) understand that this agreement contains a provision for binding arbitration as a final step of the grievance process. After the effective date of this agreement, no grievance, submitted to binding arbitration, may be brought to the Vermont Labor Relations Board. An employee who has declined representation by the employee organization or whom the employee organization has declined to represent or is unable to represent shall be entitled, either by representing himself or herself or with the assistance of independent legal counsel, to appeal his or her grievance to the Vermont Labor Relations Board as the final step of the grievance process in accordance with the rules adopted by the Board.
(f) This section shall not apply to labor interest arbitration, which as used in this chapter means the method of concluding labor negotiations by means of a disinterested person to determine the terms of a labor agreement.
(g) A party may apply to the arbitrator for a modification of an award if the application is made within 30 days after delivery of a copy of the award to the applicant. An arbitrator may modify an award only if the arbitrator finds any one of the following:
(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award.
(2) The award was based on a matter not submitted to the arbitrator, and the award may be corrected without affecting the merits of the decision on the issues submitted.
(3) The award was imperfect in form and the award may be corrected without affecting the merits of the controversy.
(h) A party may apply to the Civil Division of the Superior Court for review of the award, provided the application is made within 30 days after delivery of a copy of the award to the applicant or, in the case of a claim of corruption, fraud, or other undue means, the application is made within 30 days after those grounds are known or should have been known. The Civil Division of the Superior Court shall vacate an arbitration award based on any of the following:
(1) The award was procured by corruption, fraud, or other undue means.
(2) There was partiality or prejudicial misconduct by the arbitrator.
(3) The arbitrator exceeded his or her power or rendered an award requiring a person to commit an act or engage in conduct prohibited by law.
(i) The Board shall hear and make a final determination on the grievances of all retired individual employees of the University of Vermont, groups of such retired individuals, and retired collective bargaining unit members of the University of Vermont. Grievances shall be limited to those relating to compensation and benefits that were accrued during active employment but are received after retirement. As used in this subsection, “grievance” means an allegation of a violation of a collective bargaining agreement, employee handbook provision, early retirement plan, individual separation agreement or other documented agreement, or rule of the University of Vermont.
(Added 1969, No. 113, § 1; amended 1977, No. 109, § 7, eff. July 3, 1977; 2007, No. 107 (Adj. Sess.), § 1; 2015, No. 35, § 1, eff. May 26, 2015; 2025, No. 18, § 14, eff. May 13, 2025.)
(a) The Board shall decide the unit appropriate for the purpose of collective bargaining in each case and those employees to be included in that unit, in order to ensure the employees the fullest freedom in exercising the rights guaranteed by this chapter.
(b) In determining whether a unit is appropriate under subsection (a) of this section, the extent to which the employees have organized is not controlling.
(c) The Board may decline recognition to any group of employees as a collective bargaining unit if, upon investigation and hearing, it is satisfied that the employees will not constitute an appropriate unit for purposes of collective bargaining or if recognition will result in over-fragmentation of state employee collective bargaining units. In case such a determination is made, the provisions of subchapter 3 of this chapter shall not become operative in that instance.
(Added 1969, No. 113, § 1; amended 2025, No. 18, § 14, eff. May 13, 2025.)
(a) The Board, as necessary to carry out the provisions of this chapter, shall adopt and may amend and rescind rules consistent with this chapter.
(b) Notwithstanding the provisions of subsection (a) of this section, rules adopted by the Board as they relate to grievance appeals shall provide:
(1) If a collective bargaining agreement provides that an appeal to the Board will constitute the final step in the grievance procedure, all employees and other persons authorized by this chapter shall have the right to appeal to the Board in accordance with the rules of the Board.
(2) That a reasonable notice be given to the State agency or officer, and State employee, and the representative concerned and to the Commissioner of Human Resources.
(3) That all hearings of the Board shall be public and, unless both parties concerned request that it be formal, hearings shall be informal and not subject to the rules of pleadings, procedure, and evidence of the courts of the State.
(4) That all parties in interest to any appeal shall be entitled to be heard on any matter at issue.
(5) That in appeals from the decisions of the Department of Human Resources or any State agency or officer, the State agency and officer and the State employee shall be parties in interest, and the Commissioner of Human Resources or the collective bargaining representative on motion, may intervene as a party in interest.
(6) That the parties at interest shall have the right to present witnesses, give evidence, and examine witnesses before the Board.
(7)(A)(i) That the name of any grievant whom the Board exonerates of misconduct for which he or she was disciplined shall be redacted from the version of the Board’s decision that is posted on the Board’s website.
(ii) Nothing in this subdivision (7)(A) shall be construed to require the Board to redact the name of the grievant from any other version of the Board’s decision or from any other documents related to the grievance.
(B) Nothing in this subdivision (7) shall be construed to modify an individual’s right to privacy pursuant to any law, rule, or policy.
(Added 1969, No. 113, § 1; amended 1977, No. 109, § 8, eff. July 3, 1977; 1987, No. 243 (Adj. Sess.), § 9, eff. June 13, 1988; 2003, No. 156 (Adj. Sess.), § 15; 2015, No. 35, § 3, eff. May 26, 2015; 2015, No. 101 (Adj. Sess.), § 1; 2017, No. 74, § 3.)
All findings, conclusions, and determinations of the Board and the records of all hearings and other proceedings, unless otherwise provided by law, shall be public records.
(Added 1969, No. 113, § 1.)
(a) The Board shall determine issues of unit determination, certification, and representation in accordance with this chapter.
(b) No bargaining unit or collective bargaining representative shall be recognized by the employer until the Board has determined the appropriate unit to be represented and has formally certified its determination.
(c)(1) A petition may be filed with the Board, in accordance with procedures prescribed by the Board by an employee or group of employees, or any individual or employee organization purporting to act on their behalf, alleging by filing a petition or petitions bearing signatures of not less than 30 percent of the employees that they wish to form a bargaining unit and be represented for collective bargaining, or that the individual or employee organization currently certified as the bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit, or that they are now included in an approved bargaining unit and wish to form a separate bargaining unit under Board criteria for purposes of collective bargaining. The employee, group of employees, individual, or employee organization that files the petition shall, at the same time that the petition is filed with the Board, provide a copy of the petition to the employer and, if appropriate, the current bargaining agent.
(2)(A)(i) An employer shall, not more than seven business days after receiving a copy of the petition, file any objections to the appropriateness of the proposed bargaining unit and raise any other unit determination issues with the Board and provide a copy of the filing to the employee, group of employees, individual, or employee organization that filed the petition.
(ii) A hearing shall be held before the Board pursuant to subdivision (d)(2) of this section in the event the employer challenges the appropriateness of the proposed bargaining unit, provided that a hearing shall not be held if the parties stipulate to the composition of the appropriate bargaining unit and resolve any other unit determination issues before the hearing.
(iii) The Board may endeavor to informally mediate any dispute regarding the appropriateness of the proposed bargaining unit prior to the hearing.
(B)(i) Within five business days after receiving a copy of the petition, the employer shall file with the Board and the employee or group of employees, or the individual or employee organization purporting to act on their behalf, a list of the names and job titles of the employees in the proposed bargaining unit. To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format.
(ii) An employee or group of employees, or any person purporting to act on their behalf, that is seeking to demonstrate that the current bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit shall not be entitled to obtain a list of the employees in the bargaining unit from the employer pursuant to this subdivision (c)(2)(B), but may obtain a list pursuant to subdivision (e)(3) of this section after the Board has investigated its petition and determined that a secret ballot election shall be conducted.
(iii) The list shall be kept confidential and shall be exempt from copying and inspection under the Public Records Act.
(d) The Board, a Board member, or a person or persons designated by the Board shall investigate the petition and do one of the following:
(1) Determine that the petition has made a sufficient showing of interest pursuant to subdivision (c)(1) of this section.
(2)(A) If it finds reasonable cause to believe that a question of unit determination or representation exists, the Board shall schedule a hearing to be held before the Board not more than ten business days after the petition was filed with the Board.
(B) Once scheduled, the date of the hearing shall not be subject to change except as provided pursuant to subdivision (e)(4) of this section.
(C) Hearing procedure and notification of the results of the hearing shall be in accordance with rules adopted by the Board, except that the parties shall only be permitted to submit posthearing briefs within not more than five business days after the hearing if the parties mutually agree to do so or if the Board requests that the parties submit posthearing briefs.
(D) The Board shall issue its decision as soon as practicable and, in any event, not more than five business days after the hearing or the submission of any posthearing briefs.
(3) If the Board finds an absence of substantive evidence, it shall dismiss the petition.
(e)(1) Whenever, on the basis of a petition pursuant to subdivision (d)(1) of this section or a hearing pursuant to subdivision (d)(2) of this section, the Board finds substantial interest among employees in forming a bargaining unit or being represented for purposes of collective bargaining, a secret ballot election shall be conducted by the Board not more than 23 business days after the petition is filed with the Board except as otherwise provided pursuant to subdivision (4) of this subsection and subdivision (g)(4) of this section.
(2) The election shall be conducted so that it shows separately the wishes of the employees in the voting group involved as to the determination of the collective bargaining unit, including the right not to be organized. The collective bargaining unit or collective bargaining representative shall be recognized and certified by the Board upon a majority vote of the employees voting.
(3)(A) The employer shall file with the Board and the other parties a list of the employees in the bargaining unit within two business days after the Board determines that a secret ballot election shall be conducted.
(B) The list shall include, as appropriate, each employee’s name, work location, shift, job classification, and contact information. As used in this subdivision (3), “contact information” includes an employee’s home address, personal email address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.
(C) To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format.
(D) The list shall be:
(i) kept confidential by the Board and all of the parties; and
(ii) shall be exempt from copying and inspection under the Public Records Act.
(E) Failure to file the list within the time required pursuant to subdivision (A) of this subdivision (3) may be grounds for the Board to set aside the results of the election if an objection is filed within the time required pursuant to the Board’s rules.
(4) The Board may, upon the request of any party or on its own motion, extend any time period set forth in this subsection or in subsections (c) and (d) of this section for good cause, provided that the election shall be conducted, or, in the event of a mail ballot election, that ballots are mailed to the employees, within not more than 60 calendar days after the date the petition is filed pursuant to subsection (c) of this section. The Board may further extend the time to conduct the election by not more than 30 additional calendar days upon the mutual agreement of the parties or if it determines that extraordinary circumstances have made such an extension necessary.
(f) In determining the appropriateness of a collective bargaining unit, the Board shall take into consideration but not be limited to the following criteria:
(1) The authority of governmental officials at the unit level to take positive action on matters subject to negotiation.
(2) The similarity or divergence of the interests, needs, and general conditions of employment of the employees to be represented. The Board may, in its discretion, require that a separate vote be taken among any particular class or type of employees within a proposed unit to determine specifically if the class or type wishes to be included.
(3) Whether over-fragmentation of units among State employees will result from certification to a degree that is likely to produce an adverse effect either on effective representation of State employees generally, or upon the efficient operation of State government.
(g)(1) In determining the representation of State employees in a collective bargaining unit, the Board shall conduct a secret ballot of the employees within the time period set forth in subdivision (e)(1) of this section, unless the time to conduct the election is extended pursuant to subdivision (e)(4) of this section, and certify the results to the interested parties and to the State employer. The original ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. No representative will be certified with less than a majority of the votes cast by employees in the bargaining unit.
(2) If in such election none of the choices receive a majority of the votes cast, a runoff election shall be conducted, the ballot providing for a selection between two choices receiving the largest and second largest number of valid votes cast in the original election.
(3) The Board’s certification of the results of any election shall be conclusive as to findings unless reviewed under proceedings instituted for the prevention of prohibited practices in section 965 of this title.
(4)(A) Notwithstanding any other provision of this subsection (g), if the Board determines that a petition to be represented for collective bargaining filed pursuant to subsection (c) of this section, which identifies a proposed exclusive representative of the employees in the bargaining unit, bears the signatures of at least 50 percent plus one of the employees in a bargaining unit deemed appropriate by the Board pursuant to this section, the Board shall certify the person or labor organization as the exclusive representative of the bargaining unit.
(B) Certification of a collective bargaining representative shall only be available pursuant to this subdivision (g)(4) when no other person or labor organization is currently certified or recognized as the exclusive representative of the employees in the bargaining unit.
(h) A representative chosen for the purposes of collective bargaining by a majority of the votes cast by secret ballot or certified pursuant to subdivision (g)(4) of this section shall be the exclusive representative of all the employees in the bargaining unit for a minimum of one year. The representative shall be eligible for reelection or for recertification pursuant to subdivision (g)(4) of this section.
(i) The Board, by rule, shall prescribe a uniform procedure for the resolution of employee grievances submitted through the collective bargaining machinery. If the collective bargaining agreement does not provide that binding arbitration will be the final step of the negotiated grievance procedure pursuant to section 926 of this chapter, the final step of the negotiated grievance procedure, if required, shall be a hearing and final determination by the Board. Grievance hearings conducted by the Board shall be informal and not subject to the rules of pleading procedure, and evidence of the courts of the State. Any employee or group of employees included in a duly certified bargaining unit may be represented before the Board by its bargaining representative’s counsel or designated executive staff employees or by any individual the Board may permit at its discretion.
(j) Any individual employee or group of employees shall have the right at any time to present complaints to their employer informally, and to have such complaints considered in good faith with or without the intervention of the bargaining representative. Adjustments shall not be inconsistent with the terms of a collective bargaining contract or agreement then in effect. All such complaints shall be considered and a decision formulated and the complainant informed thereof within 15 days of presentment.
(k) Nothing in this chapter requires an individual to seek the assistance of his or her collective bargaining unit or its representative(s) in any grievance proceeding. He or she may represent himself or herself or be represented by counsel of his or her own choice or may avail himself or herself of the unit representative in grievance proceedings.
(l) [Repealed.]
(Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), §§ 9-11, eff. April 3, 1972; 1973, No. 176 (Adj. Sess.), §§ 1-4; 1975, No. 52; 1977, No. 109, §§ 10, 33(e), eff. July 3, 1977; 1993, No. 227 (Adj. Sess.), § 30; 2013, No. 37, § 4; 2015, No. 35, § 4, eff. May 26, 2015; 2019, No. 180 (Adj. Sess.), § 1, eff. Jan. 1, 2021; 2023, No. 117 (Adj. Sess.), § 4, eff. July 1, 2024.)
Any interested person may file with the Board a charge that employees eligible to vote in an election under this chapter have been coerced or restrained in the exercise of this right. The Board shall investigate and conduct hearings into the validity of the charge. If, upon the basis of its findings, the Board concludes that employees eligible to vote in the election were so coerced or restrained, the Board may set aside such election and order another election under the provisions of this subchapter. No election shall be set aside unless the Board finds such coercion or restraint.
(Added 1969, No. 113, § 1.)
It shall be an unfair labor practice for an employer:
(1) to interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by section 903 of this title, or by any other law, rule, or regulation;
(2) to dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it; provided that an employer shall not be prohibited from permitting employees to confer with the employer during working hours without loss of time or pay;
(3) by discrimination in regard to hire and tenure of employment or any term or condition of employment to encourage or discourage membership in any employee organization;
(4) to discharge or otherwise discriminate against an employee because the employee has filed charges or complaints or given testimony under this chapter;
(5) to refuse to bargain collectively with representatives of the employees subject to the provisions of subchapter 3 of this chapter;
(6) to discriminate against an employee on account of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, or national origin;
(7) to request or require an applicant, prospective employee, or employee to have an HIV-related blood test as a condition of employment;
(8) to discriminate against an applicant, prospective employee, or employee on the basis of a person’s having a positive test result from an HIV-related blood test.
(Added 1969, No. 113, § 1; amended 1987, No. 176 (Adj. Sess.), § 3; 1991, No. 135 (Adj. Sess.), § 2; 1999, No. 19, § 1; 2007, No. 41, § 2.)
It shall be an unfair labor practice for an employee organization or its agents:
(1) To restrain or coerce employees in the exercise of the rights guaranteed to them by law, rule, or regulation. However, this subdivision shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein, provided such rules are not discriminatory.
(2) To restrain or coerce an employer in the selection of his or her representatives for the purposes of collective bargaining or adjustments of grievances.
(3) To cause or attempt to cause an employer to discriminate against an employee in violation of section 961 of this title or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his or her failure to tender the periodic dues and the initiation fees uniformly required as a condition for acquiring or retaining membership.
(4) To refuse to bargain collectively with an employer, provided it is the representative of the employer’s employees subject to the provisions of subchapter 3 of this chapter.
(5) To engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of his or her employment to use, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any authorized functions.
(6) To threaten, coerce, or restrain any person where in either case an object thereof is:
(A) Forcing or requiring any State employee to join any employee organization or to enter into any agreement that is prohibited by the provisions of this chapter.
(B) Forcing or requiring any employer or employee to cease using, handling, transporting, or otherwise dealing in the products of a producer, processor, or manufacturer, or to cease doing business with any other person, in the course of regular State business, or forcing, or requiring the employer to recognize or bargain with an employee organization as the representative of his or her employees unless such employee organization has been certified as the representative of such employees under the provisions of subchapter 3 of this chapter.
(C) Forcing or requiring the employer to recognize or bargain with a particular employee organization as the representative of his or her employees if another employee organization has been certified as the representative of those employees under subchapter 3 of this chapter.
(D) Forcing or requiring the employer to assign particular work to employees in a particular position class or employee organization rather than to employees in another position class or employee organization unless such employer is failing to conform to an order of certification of the Board determining the bargaining representative for employees performing that work.
(7) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value in the nature of an exaction, for services that are not performed or not to be performed or that are not needed or required by the employer.
(8) To picket or cause to be picketed, or threaten to picket or cause to be picketed, the employer where an object thereof is forcing or requiring the employer to recognize or bargain with an employee organization as the representative of his or her employees, or forcing or requiring the employees of an employer to accept or select the employee organization as their collective bargaining representative.
(9) To engage in activities unlawful under section 903 of this title.
(10) To charge a collective bargaining service fee unless such employee organization has established and maintained a procedure to provide nonmembers with:
(A) an audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses;
(B) an opportunity to object to the amount of the collective bargaining service fee sought, any amount reasonably in dispute to be placed in escrow;
(C) prompt arbitration by the Board to resolve any objection over the amount of the collective bargaining service fee.
(Added 1969, No. 113, § 1; amended 1977, No. 109, § 11, eff. July 3, 1977; 1993, No. 227 (Adj. Sess.), § 31; 2013, No. 37, § 5; 2017, No. 74, § 4; 2021, No. 20, § 5.)
An employee organization entering into an agreement shall not:
(1) discriminate against a person seeking or holding membership therein on account of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, or national origin;
(2) penalize a member for exercising a right guaranteed by the Constitution or laws of the United States or the State of Vermont; or
(3) cause or attempt to cause the discharge from employment of employees who refuse membership therein because of religious beliefs.
(Added 1969, No. 113, § 1; amended 1991 No. 135 (Adj. Sess.), § 3; 1999, No. 19, § 2; 2007, No. 41, § 3.)
It shall be an unfair labor practice for any employee organization and any employer to enter into any contract or agreement, express or implied, whereby the employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in any of the products of any other person, or to cease doing business with any other person, and any contract or agreement entered into before or after enactment of this chapter containing such an agreement shall be to that extent unenforceable and void.
(Added 1969, No. 113, § 1.)
(a) The Board may prevent any person from engaging in any unfair labor practice listed in sections 961–962 of this title. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges in that respect and containing a notice of hearing before the Board at a place and time fixed at least seven days after the complaint is served. The Board may amend the complaint at any time before it issues an order based thereon. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of his or her discharge.
(b) The person complained of shall have the right to file an answer to the original or amended complaint and appear in person or otherwise and present evidence in connection therewith at the time and place fixed in the complaint. In the discretion of the Board, any other person may be permitted to intervene and present evidence in the matter. Any proceeding under this section shall, so far as practicable, be conducted in accordance with Rules of Evidence used in the courts. The Board shall provide for the making of a transcript of the testimony presented at the hearing.
(c) The Board shall have power to administer oaths and take testimony under oath relative to the matter of inquiry. At any hearing ordered by the Board, the Board shall have the power to subpoena witnesses and to demand the production of books, papers, records, and documents for its examination. Officers who serve subpoenas issued by the Board and witnesses attending hearings conducted by the Board shall receive fees and compensation at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court, to be paid on vouchers of the Board.
(d) If upon the preponderance of the evidence, the Board finds that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, it shall state its finding of fact in writing and shall issue and cause to be served on that person an order requiring him or her to cease and desist from the unfair labor practice and to take such affirmative action as will carry out the policies of this chapter. If upon the preponderance of the evidence the Board does not find that the person named in the complaint has engaged in or is engaging in any unfair labor practice, it shall state its findings of fact in writing and dismiss the complaint.
(e) In determining whether a complaint shall issue alleging a violation of subdivision 961(1) or (2) of this title, and in deciding those cases, the same regulations and rules of decision shall apply irrespective of whether or not an employee organization affected is affiliated with an employee organization national or international in scope.
(f) No order of the Board shall require the reinstatement of any individual as an employee who has been suspended or discharged or the payment to him or her of any back pay, if such individual was suspended or discharged for cause, except through the grievance procedures.
(Added 1969, No. 113, § 1; amended 2009, No. 154 (Adj. Sess.), § 238; 2025, No. 18, § 14, eff. May 13, 2025.)
The expressing of any views, argument or opinion, or the dissemination thereof, whether in written, printed, graphic, oral or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit.
(Added 1969, No. 113, § 1.)
A State employee, as a trustee and servant of the people, shall be free to report, in good faith and with candor, waste, fraud, abuse of authority, violations of law, or a threat to the health of employees, the public, or persons under the care of the State without fear of reprisal, intimidation, or retaliation.
(Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
As used in this subchapter:
(1) “Department head” means a secretary of an agency, commissioner of a department, director of an office, or any other appointing authority in charge of an agency of State government.
(2) “Illegal order” means a directive to violate, or to assist in violating, a federal, State, or local law.
(3) “Public body” means:
(A) a department head or employee specifically designated or assigned to receive a complaint that constitutes protected activity under this chapter;
(B) a board or commission of State government;
(C) the Vermont State Auditor;
(D) a State or federal agency that oversees the activities of a State agency;
(E) a law enforcement officer as defined in 20 V.S.A. § 2358(d)(1);
(F) a federal or State court, grand jury, petit jury, law enforcement agency, or prosecutorial office;
(G) the General Assembly or the U.S. Congress; or
(H) an officer or employee of an entity listed in this subdivision (3) when acting within the scope of his or her duties.
(4) “Retaliatory action” includes any adverse performance or disciplinary action, including discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance warning period, or involuntary transfer or reassignment, that is given in retaliation for the State employee’s involvement in a protected activity, as set forth in section 973 of this title.
(5) “State employee” means an individual employed on a permanent or limited status basis by the State of Vermont.
(Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008; amended 2013, No. 141 (Adj. Sess.), § 13, eff. July 1, 2015.)
(a) A State agency, department, appointing authority, official, or employee shall not engage in retaliatory action against a State employee because the State employee refuses to comply with an illegal order or engages in any of the following:
(1) providing to a public body a good faith report or good faith testimony that alleges an entity of State government, a State employee or official, or a person providing services to the State under contract has engaged in a violation of law or in waste, fraud, abuse of authority, or a threat to the health of employees, the public, or persons under the care of the State; or
(2) assisting or participating in a proceeding to enforce the provisions of this subchapter.
(b) No State agency, department, appointing authority, official, or employee shall attempt to restrict or interfere with, in any manner, a State employee’s ability to engage in any of the protected activity described in subsection (a) of this section.
(c) No State agency, department, appointing authority, or manager shall require any State employee to discuss or disclose his or her testimony, or intended testimony, prior to an employee’s appearance to testify before the General Assembly if he or she is not testifying on behalf of an entity of State government.
(d) No employee may divulge information that is confidential under State or federal law. An act by which an employee divulges such information shall not be considered protected activity under this section.
(e) In order to establish a claim of retaliation based upon the refusal to follow an illegal order, the employee shall assert at the time of the refusal his or her good faith and reasonable belief that the order is illegal.
(Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
(a) No entity of State government may prohibit a State employee from engaging in discussion with a member of the General Assembly or from testifying before a legislative committee; provided, however, that an employee may not divulge confidential information, and an employee shall be clear that he or she is not speaking on behalf of an entity of State government.
(b) No State employee shall be subject to discipline, discharge, discrimination, or other adverse employment action as a result of the employee providing information to a legislator or legislative committee; provided, however, that the employee does not divulge confidential information, and that the employee is clear that he or she is not speaking on behalf of any entity of State government. The protections set forth in this subchapter shall not apply to statements that constitute hate speech or threats of violence against a person.
(c) In the event that an appearance before a Committee of the General Assembly will cause an employee to miss work, he or she shall request to be absent from work and shall provide as much notice as is reasonably possible. The request shall be granted unless there is good cause to deny the request. If a request is denied, the decision and reasons for the denial shall be in writing and shall be provided to the employee in advance of the scheduled appearance. The protections set forth in this section are subject to the efficient operation of State government, which shall prevail in any instance of conflict.
(Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
(a) Nothing in this subchapter shall be deemed to diminish the rights, privileges, or remedies of a State employee under other federal or State law or under any collective bargaining agreement or employment contract, except the limitation on multiple actions as set forth in this section.
(b) A State employee who files a claim of retaliation for protected activity with the Vermont Labor Relations Board or through binding arbitration under a grievance procedure or similar process available to the employee may not bring such a claim in Superior Court.
(c) A State employee who files a claim under this subchapter in Superior Court may not bring a claim of retaliation for protected activity under a grievance procedure or similar process available to the employee.
(Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008; amended 2015, No. 35, § 5, eff. May 26, 2015.)
A State employee who brings a claim in Superior Court may be awarded the following remedies:
(1) reinstatement of the employee to the same position, seniority, and work location held prior to the retaliatory action;
(2) back pay, lost wages, benefits, and other remuneration;
(3) in the event of a showing of a willful, intentional, and egregious violation of this subchapter, an amount up to the amount of back pay in addition to the actual back pay;
(4) other compensatory damages;
(5) interest on back pay;
(6) appropriate injunctive relief; and
(7) reasonable costs and attorney’s fees.
(Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
Every State agency and department shall distribute a copy of this law by August 1, 2008 and shall post and display notices of State employee protection under this subchapter in a prominent and accessible location in the workplace.
(Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
An action alleging a violation of this subchapter brought under a grievance procedure or similar process shall be brought within the period allowed by that process or procedure. An action brought in Superior Court shall be brought within 180 days of the date of the alleged retaliatory action.
(Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
For the purpose of this chapter to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to all matters bargainable under the provisions of this chapter; but the failure or refusal of either party to agree to a proposal, or to change or withdraw a lawful proposal, or to make a concession shall not constitute, or be evidence direct or indirect, of a breach of this obligation.
(Added 1969, No. 113, § 1.)
(a) Collective bargaining agreements, except those affecting the Vermont State Colleges and the University of Vermont, shall be for a maximum term of two years and shall not be subject to cancellation or renegotiation during the term except with the mutual consent in writing of both parties, which consent shall be filed with the Board. Upon the filing of such consent, an agreement may be supplemented, cancelled, or renegotiated.
(b) Nothing in this chapter shall be construed to require either party during collective bargaining to accede to any proposal or proposals of the other party.
(c)(1) Except in the case of the Vermont State Colleges or the University of Vermont, agreements between the State and certified bargaining units that are not arrived at under the provisions of subsection 925(i) of this title shall, after ratification by the appropriate unit memberships, be submitted to the Governor who shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.
(2)(A) Agreements between the Department of State’s Attorneys and Sheriffs and the certified bargaining units that are not arrived at under the provisions of subsection 925(i) of this title shall, after ratification by the appropriate unit memberships, be submitted to the Governor and the General Assembly.
(B) The Executive Director of the Department of State’s Attorneys and Sheriffs shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.
(d) When the parties are unable to reach agreement on a collective bargaining agreement, and the Vermont Labor Relations Board recommends an agreement in accordance with subsection 925(k) of this title, the Board shall determine the cost of the agreement selected and request the General Assembly to appropriate the amount determined to be necessary to implement the selected agreement. If the General Assembly chooses to appropriate sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates less than the amount requested, the terms of the agreement affected by the lesser appropriation shall be renegotiated based on the amount of the funds actually appropriated, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.
(e) No portions of any agreement shall become effective separately except with mutual consent of both parties.
(f) Such an agreement shall terminate at the expiration of its specified term. Negotiations for a new agreement to take effect upon the expiration of the preceding agreement shall be commenced at any time within one year next preceding the expiration date upon the request of either party and may be commenced at any time previous thereto with the consent of both parties.
(g) In the event the State of Vermont, the Department of State’s Attorneys and Sheriffs, the University of Vermont, and the Vermont State Colleges as employer and the collective bargaining unit are unable to arrive at an agreement and there is not an existing agreement in effect, the existing contract shall remain in force until a new contract is ratified by the parties. However, nothing in this subsection shall prohibit the parties from agreeing to a modification of certain provisions of the existing contract that, as amended, shall remain in effect until a new contract is ratified by the parties.
(h) The Board is authorized to enforce compliance with all provisions of a collective bargaining agreement upon complaint of either party. In the event a complaint is made by either party to an agreement, the Board shall proceed in the manner prescribed in section 965 of this title relating to the prevention of unfair labor practices.
(Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 12, eff. April 3, 1972; 1977, No. 109, § 12, eff. July 3, 1977; 1979, No. 141 (Adj. Sess.),§§ 21, 22; 1981, No. 249 (Adj. Sess.), § 4, eff. July 4, 1982; 1987, No. 177 (Adj. Sess.), § 5; 2005, No. 194 (Adj. Sess.), § 3; 2011, No. 22, § 2; 2017, No. 81, § 9, eff. June 15, 2017.)
(a) Persons who are applicants for State employment in the classified service and classified employees in their initial probationary period and any extension or extensions thereof may appeal to the State Labor Relations Board if they believe themselves discriminated against on account of their race, color, creed, religion, disability, sex, sexual orientation, gender identity, age, or national origin.
(b) Permanent classified employees excluded from bargaining units shall be deemed to have the right of appeal in the same manner and to the same extent as those employees represented by a bargaining representative except that they may not be represented by a bargaining representative.
(c) Any dispute concerning the amount of a collective bargaining service fee may be grieved as set forth in the collective bargaining agreement through either an appeal to the Vermont Labor Relations Board in accordance with the Board’s rules concerning grievances, or through binding arbitration.
(Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 13, eff. April 3, 1972; 1991, No. 135 (Adj. Sess.), § 4; 1993, No. 227 (Adj. Sess.), § 32; 1999, No. 19, § 3; 2007, No. 41, § 4; 2015, No. 35, § 6, eff. May 26, 2015.)
(a) Orders of the Board or an arbitrator issued under this chapter may be enforced by any party or by the Board by filing a petition with the Superior Court in Washington County or the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party as provided for service of process under the Vermont Rules of Civil Procedure. If, after hearing, the Court determines that the Board or arbitrator had jurisdiction over the matter and that a timely appeal was not filed, or that an appeal was timely filed and a stay of the Board or arbitrator’s order or any part of it was not granted, or that a Board order was affirmed on appeal in pertinent part by the Supreme Court, or that an arbitrator’s order was affirmed on appeal in pertinent part by the Superior Court, the Court shall incorporate the order of the Board or arbitrator as a judgment of the Court. There is no appeal from that judgment except that a judgment reversing a decision by the Board or an arbitrator on jurisdiction may be appealed to the Supreme Court.
(b) Upon filing of a petition by a party or the Board, the Court may grant such temporary relief, including a restraining order, as it deems proper pending formal hearing.
(c) Orders and decisions of the Board shall apply only to the particular case under appeal, but any number of appeals presenting similar issues may be consolidated for hearing with the consent of the Board. Any number of employees who are aggrieved by the same action of the employer may join in an appeal with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement or the merit system principles by any order or decision.
(Added 1969, No. 113, § 1; amended 1971, No. 185 (Adj. Sess.), § 3, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 14, eff. April 3, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1987, No. 196 (Adj. Sess.), § 1, eff. May 13, 1988; 1989, No. 25, § 1; 2015, No. 35, § 7, eff. May 26, 2015.)
(a) Any person aggrieved by an order or decision of the Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court.
(b) An order of the Board shall not automatically be stayed pending appeal. A stay must first be requested from the Board. The Board may stay the order or any part of it. If the Board denies a stay, then a stay may be requested from the Supreme Court. The Supreme Court or a single justice may stay the order or any part of it and may order additional interim relief.
(Added 1969, No. 113, § 1; amended 1971, No. 185 (Adj. Sess.), § 4, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 15, eff. April 3, 1972; 1987, No. 196 (Adj. Sess.), § 2, eff. May 13, 1988.)
The provisions of this chapter shall apply to the State Police in the Department of Public Safety except for matters of discipline, disciplinary action, transfer, or suspension and those items specifically covered by statute.
(Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 16, eff. April 3, 1972; 1977, No. 109, § 13, eff. July 3, 1977.)
[Repealed]
2005, No. 112 (Adj. Sess.), § 2 , eff. March 1, 2011.
Laws of this State relating to administrative procedure including chapter 25 of this title are not applicable to the Labor Relations Board except as set forth in this chapter.
(Added 1969, No. 113, § 1.)
This chapter may be cited as “State Employee Labor Relations Act.”
(Added 1969, No. 113, § 1.)
If any provision of this chapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this chapter, or the application of that provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(Added 1969, No. 113, § 1.)
Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement.
(Added 2013, No. 37, § 5a.)
It is the purpose and policy of this chapter to recognize the right of employees of the Judiciary Department to join a labor organization of their own choosing and to be represented by that organization in collective bargaining for terms and conditions of their employment.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
As used in this chapter:
(1) “Agreement” means a written agreement resulting from collective bargaining negotiation and covers the terms, tenure, and conditions of employment.
(2) “Board” means the State Labor Relations Board established pursuant to section 921 of this title.
(3) “Collective bargaining” means the process of negotiating terms, tenure, or conditions of employment between the Judiciary Department and representatives of the employees with the intent to arrive at a written agreement.
(4) “Collective bargaining service fee” means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, and that fee is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee. A collective bargaining service fee shall not exceed 85 percent of the amount payable as dues by members of the employee organization; shall be deducted in the same manner as dues are deducted from the salary or wages of members of the employee organization; and shall be used to defray the costs of chargeable activities.
(5) “Collective bargaining unit” means the employees of an employer and may be either all the employees or a unit or units determined by the Board to be appropriate to represent the interests of employees.
(6) “Complaint” means an informal expression made by the employees or a group of employees to the immediate supervisor about dissatisfaction with any aspect of employment or working conditions under a collective bargaining agreement.
(7) “Confidential employee” means an employee, as determined by the Board, who has responsibility, knowledge, or access to information relating to collective bargaining, personnel administration, or budgetary matters that is incompatible with that employee’s membership in or representation by an employee organization.
(8) “Employee” means any individual employed and compensated on a permanent or limited status basis by the Judiciary Department, including permanent part-time employees and any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of an unfair labor practice. “Employee” does not include any of the following:
(A) a Justice, judge, assistant judge, magistrate, or hearing officer;
(B) the Court Administrator;
(C) a managerial, supervisory, or confidential employee;
(D) a law clerk, attorney, or administrative assistant or private secretary to a judge, Justice, or Court Administrator;
(E) an individual employed on a temporary, contractual, seasonal, or on-call basis, including an intern;
(F) an employee during the initial or extended probationary period;
(G) the head of a department or division;
(H) [Repealed.]
(I) an attorney for the Supreme Court, for the Court Administrator, or for any board or commission created by the Supreme Court;
(J) an employee paid by the State who is appointed part-time as county clerk pursuant to 4 V.S.A. § 651 or 691; or
(K) an employee who, after hearing by the Board upon petition of any individual, the employer, or a collective bargaining unit, is determined to be in a position that is sufficiently inconsistent with the spirit and intent of this chapter to warrant exclusion.
(9) “Employee organization” means an organization of any kind in which employees participate and that exists for the purpose of representing its members, if certified by the Board as an exclusive representative for the purposes of collective bargaining.
(10) “Employer” means the Judiciary Department, represented by the Supreme Court or the Supreme Court’s designee.
(11) “Grievance” means a written notice from an employee or a group of employees covered by an agreement or the employee’s representative about dissatisfaction with any aspect of employment or working conditions covered by a collective bargaining agreement or about the discriminatory application of a rule or regulation, and the dissatisfaction has not been satisfactorily resolved after informal discussion with immediate supervisors.
(12) “Labor dispute” means any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of individuals in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants are employer and employee.
(13) “Managerial employee” means an individual, as determined by the Board, who functions as the head of a department, institution, district operation, or a major program or division or section.
(14) “Person” means an individual, the State of Vermont, an employee organization, partnership, corporation, a legal representative, trustee, or any other natural or legal entity whatsoever.
(15) “Representative” means an individual or employee organization certified by the Board to represent employees in collective bargaining or grievance proceedings.
(16) “Strike” means any concerted work stoppage by employees, including concerted slowdowns, interference, or interruption of operations or services. “Strike” also includes boycotts, refusal to use any products or services, or refusal to work or cooperate with any person by employees in the course of employment when properly directed to do so by the employer or supervisor or superior.
(17) “Supervisory employee” means an employee, as determined by the Board, who has authority from the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or who has the responsibility for directing employees or adjusting employee grievances or effectively recommending such action, provided the exercise of authority is not merely routine or clerical, but requires independent judgment.
(Added 1997, No. 92 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 42a; 2011, No. 1, § 2, eff. Feb. 2, 2011; 2013, No. 37, § 6.)
(a) Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through their chosen representatives; to engage in concerted activities of collective bargaining or other mutual aid or protection; to refrain from any or all those activities, except as provided in subsections (b) and (c) of this section; and to appeal grievances as provided in this chapter.
(b) An employee may not strike or recognize a picket line of an employee organization while performing the employee’s official duties.
(c) An employee who exercises the right not to join the employee organization representing the employee’s certified unit pursuant to section 1021 of this title shall pay a collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.
(d) The employer and employees and the employee’s representative shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 1013 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees.
(e) Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee’s wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction.
(Added 1997, No. 92 (Adj. Sess.), § 9; amended 2013, No. 37, § 7; 2019, No. 180 (Adj. Sess.), § 5, eff. Jan. 1, 2021.)
All matters relating to the relationship between the employer and employees are subject to collective bargaining, to the extent those matters are not prescribed or controlled by law, including:
(1) wages, salaries, benefits, and reimbursement practices relating to necessary expenses and the limits of reimbursable expenses;
(2) minimum hours per week;
(3) working conditions;
(4) overtime compensation and related matters;
(5) leave compensation and related matters;
(6) reduction-in-force procedures;
(7) grievance procedures;
(8) terms of coverage and amount of employee financial participation in insurance programs;
(9) rules for personnel administration of employees provided the rules are not discriminatory in regard to an applicant’s race, color, creed, sex, sexual orientation, gender identity, age, national origin, religion, or disability;
(10) the manner in which to enforce an employee’s obligation to pay the collective bargaining service fee.
(Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 5; 2013, No. 37, § 8.)
(a) The employer shall be responsible for insuring consistency of the terms and conditions in various agreements throughout the Judiciary Department and shall not agree to any terms or conditions for which adequate funds are not available.
(b) Subject to rights guaranteed by this chapter and other applicable laws, nothing in this chapter shall be construed to interfere with the right of the employer to:
(1) carry out its statutory mandate and goals and to utilize personnel, methods and means in the most appropriate manner; or
(2) take necessary action to carry out its mission in an emergency situation.
(c) The employer shall take any action necessary to implement and administer the provisions of a legally binding agreement between the employer and an employee organization.
(d) The Agency of Administration shall provide to the Supreme Court, on request, any information that it possesses or can reasonably produce that it uses to prepare for or conduct collective bargaining negotiations. The Agency shall also provide any services it provides to Executive and legislative agencies or departments related to the processing of the State’s payroll and the administration of benefits. In the event the bargaining agreement contains provisions that require the Agency of Administration or the Judiciary Department to expend more than what is typically budgeted for administration and maintenance of the payroll or benefit administration system, the Court Administrator shall request the funding at the time the agreement is submitted to the General Assembly for approval under subsection (c) of section 1036 of this title.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
The employer shall determine the designation of employees as managerial, supervisory, or confidential. Any disputes arising from this determination shall be resolved by the Board.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
The employer and representative of the employees shall bargain collectively, which for the purposes of this chapter means performing the mutual obligation to meet at reasonable times and confer in good faith with respect to all matters bargainable under the provisions of this chapter. The failure or refusal of either party to agree to a proposal, to change or withdraw a lawful proposal, or to make a concession shall not constitute, or be direct or indirect evidence of, a breach of this obligation.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
(a) The employer and the representative of the employees shall negotiate a procedure for resolving complaints and grievances. Unless otherwise agreed to by the parties, the Board shall hear and make final determination on a grievance. A grievance hearing shall be conducted in accordance to the rules of the Board.
(b) A collective bargaining agreement may provide for binding arbitration as the final step of a grievance procedure. An agreement that includes a binding arbitration provision shall also include the procedure for conducting the grievance arbitration proceedings and the following provisions:
(1) The parties shall mutually agree on an arbitrator from a list of arbitrators provided by the American Arbitration Association. An arbitrator chosen or appointed under this section shall have no authority to add to, subtract from, or modify the collective bargaining agreement.
(2) An acknowledgment of arbitration that provides substantially the following:
ACKNOWLEDGMENT OF ARBITRATION.
(The parties) understand that this agreement contains an agreement that the final step of the grievance process shall be binding arbitration. After the effective date of this agreement, no grievance may be brought to the Vermont Labor Relations Board and no lawsuit concerning any grievance may be brought, unless it involves a question of constitutional or civil rights.
(c) This section shall not apply to labor interest arbitration, which for the purposes of this chapter means the method of concluding labor negotiations by means of a disinterested person to determine the terms of a labor agreement.
(d) A party may apply to the arbitrator for a modification of an award if the application is made within 30 days after delivery of a copy of an award to the applicant. An arbitrator may modify an award only if the arbitrator finds any one of the following:
(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award.
(2) The award was based on a matter not submitted to the arbitrator, and the award may be corrected without affecting the merits of the decision on the issues submitted.
(3) The award is imperfect in form and the award may be corrected without affecting the merits of the controversy.
(e) A party may apply to the Superior Court for review of the award, provided the application is made within 30 days after delivery of a copy of the award to the applicant or, in case of a claim of corruption, fraud, or other undue means, the application is made within 30 days after those grounds are known or should have been known. The Superior Court shall vacate an arbitration award based on any of the following:
(1) The award was procured by corruption, fraud, or other undue means.
(2) There was partiality or prejudicial misconduct by the arbitrator.
(3) The arbitrator exceeded his or her power or rendered an award requiring a person to commit an act or engage in conduct prohibited by law.
(4) There is an absence of substantial evidence on the record as a whole to support the award.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
(a) If, after a reasonable period of negotiation, the representative of a collective bargaining unit and the employer reach an impasse, the Board, upon petition of either party, may authorize the parties to submit their differences to mediation. Within five days after receipt of the petition, the Board shall appoint a mediator who shall communicate with the parties and attempt to mediate an amicable settlement. A mediator shall be of high standing and in no way actively connected with labor or management.
(b) If, after a minimum of 15 days after the appointment of a mediator, the impasse is not resolved, the mediator shall certify to the Board that the impasse continues.
(c) Upon the request of either party, the Board shall appoint a fact finder who has been mutually agreed upon by the parties. If the parties fail to agree on a fact finder within five days, the Board shall appoint a fact finder who shall be a person of high standing and not actively connected with labor or management. A member of the Board or any individual who has actively participated in mediation proceedings for which fact-finding has been called shall not be eligible to serve as a fact finder under this section unless agreed upon by the parties.
(d) The fact finder shall conduct hearings pursuant to rules of the Board. Upon request of either party or of the fact finder, the Board may issue subpoenas of persons and documents for the hearings, and the fact finder may require that testimony be given under oath and may administer oaths.
(e) Nothing in this section shall prohibit the fact finder from mediating the dispute at any time prior to issuing recommendations.
(f) The fact finder shall consider, if applicable to the issues, the following factors in making a recommendation:
(1) wage and salary schedules and employee benefits to the extent they are inconsistent with prevailing rates, both within State government as a whole and for comparable work in commerce or industry within the State;
(2) work schedules relating to assigned hours and days of the week as they relate to the employee’s needs and the general public’s requirement for continual service; and
(3) general working conditions as those conditions compare with generally accepted safety standards and conditions prevailing in commerce and industry within the State and within State government.
(g) Upon completion of the hearings, the fact finder shall file written findings and recommendations with both parties.
(h) The costs of witnesses and other expenses incurred by either party in fact-finding proceedings shall be paid directly by the parties incurring them, and the costs and expenses of the fact finder shall be paid equally by the parties. The fact finder shall be paid a rate mutually agreed upon by the parties for each day or any part of a day while performing fact-finding duties and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of his or her duties. A statement of fact-finding per diem and expenses shall be certified by the fact finder and submitted to the Board for approval. The Board shall provide a copy of approved fact-finding costs to each party with its order apportioning half of the total to each party for payment. Each party shall pay its half of the total within 15 days after receipt of the order. Approval by the Board of fact-finding and the fact finder’s costs and expenses and its order for payment shall be final as to the parties.
(i)(1) If the dispute remains unresolved 20 days after transmittal of findings and recommendations or within a period of time mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit to the Board or, upon the request of either party, to an arbitrator mutually agreed upon by the parties its last best offer on all disputed issues as a single package. If the parties cannot agree on an arbitrator, the American Arbitration Association shall appoint a neutral third party to act as arbitrator.
(2) Each party’s last best offer shall be:
(A) filed with the Board or the arbitrator under seal;
(B) certified to the Board or the arbitrator by the fact finder; and
(C) unsealed and placed in the public record only when both parties’ last best offers are filed with the Board or the arbitrator.
(3) A party’s last best offer shall not include a proposal to:
(A) provide alternative health coverage to retired State employees that has not been agreed to pursuant to the provisions of subdivision 479(a)(2) of this title; or
(B) provide health coverage that includes a Medicare Advantage plan or similar plan established pursuant to Title XVIII of the Social Security Act unless the inclusion of the plan has been agreed to by both parties.
(4) The Board or the arbitrator shall hold one or more hearings and consider the recommendations of the fact finder.
(5)(A) Within 30 days of the certifications, the Board or the arbitrator shall select between the last best offers of the parties, considered in their entirety without amendment, and shall determine its cost.
(B) If the Board or the arbitrator finds that the last best offers of both parties are unreasonable and likely to produce undesirable results or likely to result in a long-lasting negative impact upon the parties’ collective bargaining relationship, then the Board or the arbitrator may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board or the arbitrator in the last best offers.
(6) The Board or the arbitrator shall not issue an order under this subsection that is in conflict with any law or rule or that relates to an issue that is not bargainable.
(7) The decision of the Board or the arbitrator shall be final and binding on the parties.
(Added 1997, No. 92 (Adj. Sess.), § 9; amended 2021, No. 81 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 6, § 3, eff. July 1, 2023; 2023, No. 78, § E.108.3, eff. July 1, 2023.)
(a) The results of all arbitration proceedings, recommendations, and awards conducted under this chapter shall be filed with the Board simultaneously with submission of the decisions to the parties.
(b) The costs of any mediation, fact-finding, or arbitration conducted pursuant to this chapter, including per diem expenses and actual and necessary costs for travel, subsistence, or hiring premises in which proceedings were conducted shall be shared equally by the parties. All other costs shall be paid by the party incurring them.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
(a) The Board shall determine issues of unit determination, certification, and representation in accordance with this chapter and the provisions of section 941 of this title. The Board shall decide the appropriate unit for collective bargaining in each case and the employees to be included in that unit to ensure the employees the fullest freedom in exercising the rights guaranteed by this chapter.
(b) In determining whether a unit is appropriate, the extent to which the employees have organized is not controlling. The Board shall not recognize a unit if, after investigation and hearing, the Board determines that the employees do not constitute a unit appropriate for collective bargaining or if recognition of that unit will result in over-fragmentation of collective bargaining units.
(c) If an interested person files with the Board a charge alleging that employees eligible to vote in an election under this chapter were coerced or restrained in the exercise of that right, the Board shall investigate and conduct hearings into the validity of the charge. If the Board concludes that employees were coerced or restrained, the Board may set aside the election and order another election pursuant to this chapter.
(Added 1997, No. 92 (Adj. Sess.), § 9; amended 2025, No. 18, § 15, eff. May 13, 2025.)
(a) An employer shall provide the employee organization that is the exclusive representative of the employees in a bargaining unit with an opportunity to meet with each newly hired employee in the bargaining unit to present information about the employee organization.
(b)(1) The meeting shall occur during the new employee’s orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired.
(2) If the meeting is not held during the new employee’s orientation, it shall be held during the new employee’s regular work hours and at his or her regular worksite or a location mutually agreed to by the employer and the employee organization.
(3) The employee organization shall be permitted to meet with the employee for not less than 60 minutes.
(4) The employee shall be paid for attending the meeting at his or her regular rate of pay.
(c)(1) Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and email address, home address, personal email address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information.
(2) The employee’s home address, personal email address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
(d) The employer shall provide the employee organization with not less than 10 calendar days’ notice of an orientation for newly hired employees in a bargaining unit.
(Added 2019, No. 180 (Adj. Sess.), § 11, eff. Jan. 1, 2021.)
(a) Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.
(b) The list shall include, as appropriate, each employee’s name, work location, job classification, and contact information. As used in this section, “contact information” includes an employee’s home address, personal email address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.
(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.
(d) The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
(Added 2019, No. 180 (Adj. Sess.), § 15, eff. Jan. 1, 2021.)
It shall be an unfair labor practice for an employer:
(1) to interfere with, restrain, or coerce employees in the exercise of rights guaranteed by section 1012 of this title or by any other law;
(2) to dominate or interfere with the formation or administration of an employee organization or contribute financial or other support to it. However, an employer may confer with employees during working hours without loss of time or pay;
(3) to discriminate in hiring or tenure of employment or in regard to any term or condition of employment to encourage or discourage membership in any employee organization;
(4) to discharge or otherwise discriminate against an employee because the employee filed a charge or complaint or gave testimony under this chapter;
(5) to refuse to bargain collectively with a representative of its employees;
(6) to discriminate against an employee on account of race, color, creed, sex, sexual orientation, gender identity, national origin, age, religion, or disability;
(7) to request or require an applicant, prospective employee, or employee to have an HIV-related blood test as a condition of employment; or
(8) to discriminate against an applicant, prospective employee, or employee on the basis of a person’s having a positive test result from an HIV-related blood test.
(Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 6.)
It shall be an unfair labor practice for an employee organization or its agents:
(1) To restrain or coerce employees in the exercise of the rights guaranteed to them by law. This subdivision shall not limit the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership, provided the rules are not discriminatory.
(2) To restrain or coerce an employer in the selection of a representative for the purpose of collective bargaining or adjustments of grievances.
(3) To cause or attempt to cause an employer to discriminate against an employee in violation of section 1026 of this title or to discriminate against an employee whose membership in the employee organization has been denied or terminated on a ground other than the employee’s failure to pay dues or the initiation fees required for membership.
(4) To refuse to bargain collectively with an employer, provided it is the exclusive bargaining representative of the employees.
(5) To engage in, induce, or encourage any individual employed by any person to engage in, a strike or a refusal in the course of employment to use, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform an authorized function.
(6) To threaten, coerce, or restrain any person by:
(A) Forcing or requiring any employee to join an employee organization or to enter into an agreement that is prohibited under this chapter.
(B) Forcing or requiring any employer or employee to cease using, handling, transporting, or otherwise dealing in the products of a producer, processor, or manufacturer, or to cease doing business with any other person, in the course of regular State business, or forcing or requiring the employer to recognize or bargain with an employee organization as the representative of the employees unless the employee organization has been certified as the representative of the employees under this chapter.
(C) Forcing or requiring the employer to recognize or bargain with an employee organization as the representative of the employees if another employee organization has been certified as the representative of the employees under this chapter.
(D) Forcing or requiring the employer to assign particular work to employees in a particular position, class, or employee organization rather than to employees in another position, class, or employee organization unless the employer is not conforming to an order of certification of the Board determining the bargaining representative for employees performing that work.
(7) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value for services that are not performed or not to be performed or that are not needed or required by the employer.
(8) To picket or cause to be picketed, or threaten to picket or cause to be picketed, the employer in order to force or require the employer to recognize or bargain with an employee organization as the representative of its employees, or to force or require the employees of an employer to accept or select the employee organization as their collective bargaining representative.
(9) To engage in activities unlawful under section 1012 of this title.
(10) To charge a collective bargaining service fee unless the employee organization has established and maintained a procedure to provide nonmembers with all the following:
(A) an audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses;
(B) an opportunity to object to the amount of the fee requested and to place in escrow any amount reasonably in dispute; and
(C) prompt arbitration by the Board to resolve any objection over the amount of the collective bargaining service fee.
(Added 1997, No. 92 (Adj. Sess.), § 9; amended 2013, No. 37, § 9; 2017, No. 74, § 5.)
An employee organization entering into an agreement shall not:
(1) discriminate against a member or applicant for membership on account of race, color, creed, sex, sexual orientation, gender identity, national origin, age, religion, or disability; or
(2) penalize a member for exercising a right guaranteed by the Constitution or laws of the United States or the State of Vermont.
(Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 7.)
It shall be an unfair labor practice for any employee organization and any employer to enter into any contract or agreement, express or implied, whereby the employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in the products of any other person, or to cease doing business with any other person, and any contract or agreement entered into before or after enactment of this chapter containing such an agreement shall be to that extent unenforceable and void.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
(a) The Board may prevent any person from engaging in any unfair labor practice prohibited under this chapter. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges and containing a notice of hearing before the Board at a place and time that is at least seven days after the complaint is served. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and service of a copy on the person against whom the charge is made, unless the person aggrieved was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of discharge.
(b) The person complained against may file an answer to the complaint and appear and present evidence. The Board may permit any other person to intervene and present evidence in the matter. A proceeding under this section shall, so far as practicable, be conducted in accordance with Rules of Evidence. The Board shall make a transcript of the hearing in the event the decision of the Board is appealed.
(c) The Board may administer oaths, take testimony, subpoena witnesses, and demand production of documents. Officers who serve subpoenas issued by the Board and witnesses attending hearings shall be paid fees and compensation on vouchers of the Board at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court.
(d) If the Board finds, based on a preponderance of the evidence, that any person named in the complaint has engaged in or is engaging in any unfair labor practice, the Board shall issue an order and findings of fact, and cause to be served on that person an order requiring the person to cease and desist from the unfair labor practice and the Board shall take such affirmative action necessary to carry out the policies of this chapter. If the Board does not find that the person has engaged in any unfair labor practice, the Board shall issue written findings of fact and dismiss the complaint.
(e) In determining whether a complaint shall issue alleging a violation of subdivision 1026(1) or (2) of this title, and in deciding those cases, the same rules of the Board shall apply whether or not an employee organization is affiliated with a national or international employee organization.
(f) The Board shall not order reinstatement of any individual who has been suspended or discharged or award any back pay, if the individual was suspended or discharged for cause.
(Added 1997, No. 92 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 238.)
The expression of any views, argument, or opinion, or the dissemination of such an expression, in any form, shall not constitute or be evidence of an unfair labor practice under this chapter, provided the expression contains no threat of reprisal or force or promise of benefit.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
(a) A collective bargaining agreement shall be for a maximum term of two years. The agreement may not be canceled, supplemented, or renegotiated during the term of the agreement, unless both parties consent in writing and file the written consent with the Board.
(b) Nothing in this chapter shall be construed to require either party during collective bargaining to accede to any proposal or proposals of the other party.
(c) An agreement between the employer and the employees’ exclusive bargaining representative, after ratification or an agreement imposed on the parties pursuant to section 1018 or 1019 of this title shall be submitted to the Court Administrator who shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.
(d) No portion of any agreement shall become effective separately except with mutual consent of both parties.
(e) An agreement shall terminate at the expiration of its specified term. Upon request of either party, negotiations for a new agreement to take effect upon the expiration of the preceding agreement shall be commenced at any time during the year preceding the expiration date of the agreement. Negotiation may be commenced at any time before that time with the consent of both parties.
(f) In the event the employer and the employees’ exclusive bargaining representative are unable to arrive at an agreement and there is no existing agreement in effect, the Court Administrator, with the approval of the Supreme Court may make temporary rules necessary to ensure the uninterrupted and efficient conduct of judicial business. The rules shall terminate and have no further force and effect after an agreement is reached, except for rights that arose under those rules.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
(a) An applicant for employment in a position included in the bargaining unit and employees who are in the initial or extended probationary period may appeal to the Board if they believe they were discriminated against on account of race, color, creed, sex, sexual orientation, gender identity, age, national origin, religion, or disability.
(b) Grievance rights and personnel rules for permanent employees who are not included in bargaining units shall be established and governed by the Judiciary Department personnel policies as adopted under Administrative Order No. 3 of the Supreme Court.
(c) Any dispute concerning the amount of a collective bargaining service fee may be grieved to the Board in accordance with the rules of the Board.
(Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 8.)
(a) Orders of the Board issued under this chapter may be enforced by any party or by the Board by filing a petition with the Washington Superior Court or the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party pursuant to the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the Board had jurisdiction over the matter and that a timely appeal was not filed, or that an appeal was timely filed and a stay of the Board order or any part of it was not granted, or that a Board order was affirmed on appeal in pertinent part by the Supreme Court, the court shall incorporate the order of the Board as a judgment of the court. There is no appeal from that judgment except that a judgment reversing a Board decision on jurisdictional grounds may be appealed to the Supreme Court.
(b) Upon filing of a petition by a party or the Board, the court may grant temporary relief that the court deems proper pending formal hearing.
(c) Orders and decisions of the Board shall apply only to the particular case under appeal, but appeals presenting similar issues may be consolidated for hearing with the consent of the Board. All employees who are aggrieved by the same action of the employer may join in an appeal with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement by any order or decision.
(d) An arbitration award issued pursuant to this chapter, including grievance arbitration and labor interest arbitration awards, may be enforced by any party by filing a petition with the Washington Superior Court or the Superior Court in the county in which the action originated. The petition shall be served on the adverse party pursuant to the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the arbitrator had jurisdiction over the matter and that an application for modification or petition to vacate an award was not filed, the court shall incorporate the order of the Board as a judgment of the court. There is no appeal from that judgment except that a judgment reversing an arbitration award on jurisdictional grounds may be appealed to the Supreme Court.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
(a) Any person aggrieved by an order or decision of the Board issued under this chapter, except a decision and order made pursuant to subsection 1018(i) of this title, may appeal questions of law to the Supreme Court.
(b) An order of the Board shall not automatically be stayed pending appeal. Upon request, the Board may stay the order or any part of it. If the Board denies a stay, a stay may be requested from the Supreme Court. The Supreme Court or a single Justice may stay the order or any part of it and may order additional interim relief.
(Added 1997, No. 92 (Adj. Sess.), § 9.)
Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement.
(Added 2013, No. 37, § 9a.)
(a) In any civil action against a State employee for alleged damage, injury, loss, or deprivation of rights arising from an act or omission to act in the performance of the employee’s official duties, it shall be the obligation of the State to defend the action on behalf of the employee and to provide legal representation for that purpose at State expense, except to the extent that such representation is provided by an insurance carrier, or except in an action resulting from the service of civil process.
(b) As used in this chapter, “State employee” includes any elective or appointive officer or employee within the Legislative, Executive, or Judicial Branch of State Government or any former such employee or officer. The term includes:
(1) sheriffs and State’s Attorneys and their deputies and former sheriffs and State’s Attorneys and their deputies;
(2) guardians ad litem;
(3) any member of the National Guard ordered into State service pursuant to 20 V.S.A. §§ 366, 601, and 602 or section 163 or 164 of this title;
(4) any person who volunteers for a State agency by providing services at the request of that agency and under the direction and control of that agency, but who does not receive hourly or salary compensation;
(5) any person performing juvenile or adult diversion services under section 163 or 164 of this title;
(6) persons appointed to or employed by the Council of Regional Commissions;
(7) any person who volunteers for a State court by providing services at the request of that court and under the direction of that court, but who does not receive hourly or salary compensation;
(8) any representative or paid employee of the Vermont Higher Education Council while acting as the Vermont State postsecondary review entity in fulfillment of the requirements of the federal Reauthorization of Higher Education Act (P.L. 102-235 as amended);
(9) staff employed by the Center for Crime Victim Services and victim advocates; and
(10) administrative reviewers whose services are contracted by the State pursuant to 33 V.S.A. § 4916a(f).
(Added 1971, No. 190 (Adj. Sess.), § 1, eff. March 30, 1972; amended 1973, No. 223 (Adj. Sess.), § 15, eff. April 4, 1974; 1977, No. 233 (Adj. Sess.), § 1, eff. April 17, 1978; 1987, No. 222 (Adj. Sess.), § 4; 1989, No. 101, § 1; 1989, No. 114, § 6, eff. June 20, 1989; 1993, No. 5, § 1; 1993, No. 144 (Adj. Sess.), § 2; 1999, No. 62, § 272d; 1999, No. 138 (Adj. Sess.), § 4; 2015, No. 97 (Adj. Sess.), § 73; 2018, No. 11 (Sp. Sess.), § E.316.1.)
(a) A State employee against whom a civil action is brought for an alleged act or omission that the employee believes to have arisen within the scope of his or her official duties shall notify the Attorney General of the action. Unless full legal representation of the employee’s interest is provided under a contract of insurance, the Attorney General shall conduct an investigation and shall determine whether the alleged act or omission occurred within the scope of the employee’s official duties.
(b) If the Attorney General determines that the alleged act or omission occurred within the scope of the employee’s official duties, he or she shall defend the action on behalf of the employee, except as provided in subsection (e) of this section.
(c) If the Attorney General finds that the alleged act or omission did not occur within the scope of the employee’s official duties, he or she shall so notify the employee in writing. The employee may appeal the determination of the Attorney General to the State Labor Relations Board in accordance with the rules of the Board, and the decision of the State Labor Relations Board shall be final.
(d) During the period of investigation set forth in subsection (a) of this section or an appeal as set forth in subsection (c) of this section, the Attorney General shall take all reasonable steps to protect the interests of the employee.
(e) In any case in which the State is obligated to provide legal representation for a State employee under this chapter, if the Attorney General finds that he or she cannot adequately represent the interest of the employee, he or she shall authorize the employee to retain legal counsel at State expense. The terms under which private counsel is retained for a State employee at State expense under this section must be approved by the Attorney General.
(Added 1971, No. 190 (Adj. Sess.), § 1, eff. March 30, 1972; amended 1977, No. 233 (Adj. Sess.), § 2, eff. April 17, 1978.)
[Repealed]
1989, No. 114, § 11(a)(2).
(a) Except as provided in subsection (c) of this section, in any criminal action brought against a State employee, the Defender General shall defend the State employee if the employee requests defense and if the Defender General finds that:
(1) The action does not constitute a motor vehicle violation.
(2) The action is brought on account of an act or omission within the scope of the employee’s official duties as a State employee. The State shall not otherwise be obligated to defend the employee.
(b) If the Defender General finds that he or she cannot adequately represent the employee, the Defender General shall authorize the employee to retain legal counsel at State expense. The terms under which private counsel is retained for a State employee at State expense under this section shall be the same as those governing assigned counsel under 13 V.S.A. § 5272 and rules of the Supreme Court promulgated with respect thereto.
(c) Notwithstanding any other provision of this section, if a criminal action is brought against an employee of the Department of Corrections, the findings required to be made under subsection (a) of this section shall be made by the Commissioner of the Department of Human Resources. If the Commissioner finds that the employee of the Department of Corrections is entitled to a defense, the employee shall have the choice of representation by the Defender General or counsel retained under the terms of subsection (b) of this section.
(Added 1977, No. 233 (Adj. Sess.), § 4, eff. April 17, 1978; amended 2003, No. 156 (Adj. Sess.), § 15.)
As used in this chapter:
(1) “Candidate” and “candidate’s committee” have the same meanings as in 17 V.S.A. § 2901.
(2) “Commission” means the State Ethics Commission established under subchapter 3 of this chapter.
(3) “Commercially reasonable loan made in the ordinary course of business” means a loan made:
(A) in the usual manner on any recognized market;
(B) at the price current in any recognized market at the time of making the loan; or
(C) otherwise in conformity with reasonable commercial practices among lenders typically dealing in the type of loan made.
(4) “Confidential information” means information that is exempt from public inspection and copying under 1 V.S.A. § 315 et seq. or is otherwise designated by law as confidential.
(5) “Conflict of interest” means a direct or indirect interest of a public servant or such an interest, known to the public servant, of a member of the public servant’s immediate family, or of a business associate, in the outcome of a particular matter pending before the public servant or the public servant’s public body, or that is in conflict with the proper discharge of the public servant’s duties. “Conflict of interest” does not include any interest that is not greater than that of other individuals generally affected by the outcome of a matter.
(6) “County officer” means an individual holding the office of high bailiff, sheriff, or State’s Attorney.
(7) “Domestic partner” means an individual in an enduring domestic relationship of a spousal nature with the Executive officer or the public servant, provided the individual and Executive officer or public servant:
(A) have shared a residence for at least six consecutive months;
(B) are at least 18 years of age;
(C) are not married to or considered a domestic partner of another individual;
(D) are not related by blood closer than would bar marriage under State law; and
(E) have agreed between themselves to be responsible for each other’s welfare.
(8) “Executive officer” means:
(A) a State officer; or
(B) a deputy under a State officer, including an agency secretary or deputy and a department commissioner or deputy.
(9) “Governmental conduct regulated by law” means conduct by an individual in regard to the operation of State government that is restricted or prohibited by law and includes:
(A) bribery pursuant to 13 V.S.A. § 1102;
(B) neglect of duty by public officers pursuant to 13 V.S.A. § 3006 and by members of boards and commissions pursuant to 13 V.S.A. § 3007;
(C) taking illegal fees pursuant to 13 V.S.A. § 3010;
(D) false claims against government pursuant to 13 V.S.A. § 3016;
(E) owning or being financially interested in an entity subject to a department’s supervision pursuant to section 204 of this title;
(F) failing to devote time to duties of office pursuant to section 205 of this title;
(G) engaging in retaliatory action due to a State employee’s involvement in a protected activity pursuant to chapter 27, subchapter 4A of this title;
(H) a former legislator or former Executive officer serving as a lobbyist pursuant to 2 V.S.A. § 266(b);
(I) a former Executive officer serving as an advocate pursuant to section 267 of this title; and
(J) creating or permitting to persist any unlawful employment practice pursuant to 21 V.S.A. § 495.
(10) “Immediate family” means an individual’s spouse, domestic partner, or civil union partner; child or foster child; sibling; parent; or such relations by marriage or by civil union or domestic partnership; or an individual claimed as a dependent for federal income tax purposes.
(11) “Investment fund” means a widely held investment fund that is publicly traded or available, including a mutual fund, regulated investment company, common trust fund maintained by a bank or similar financial institution, pension or deferred compensation plan, and any other pooled investment fund.
(12) “Lobbyist” and “lobbying firm” have the same meanings as in 2 V.S.A. § 261.
(13) “Person” means any individual, group, business entity, association, or organization.
(14) “Political committee” and “political party” have the same meanings as in 17 V.S.A. § 2901.
(15) “Public servant” means an individual elected or appointed to serve as a State officer, an individual elected or appointed to serve as a member of the General Assembly, a State employee, an individual appointed to serve on a State board or commission, or an individual who in any other way is authorized to act or speak on behalf of the State.
(16) “State officer” means the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General.
(17) “Unethical conduct” means any conduct of a public servant in violation of the Code of Ethics, as provided for in this chapter.
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 171 (Adj. Sess.), § 2, eff. June 10, 2024.)
(a) Unless excluded under this section, the Code of Ethics applies to all public servants.
(b) The Code of Ethics established by this section does not prohibit branches of State government, agencies, or departments from adopting additional personnel policies regarding ethical conduct not covered by this Code of Ethics or provisions that exceed the requirements of this Code of Ethics. Nothing herein shall be interpreted to require a lawyer or judicial officer to violate their respective professional codes of conduct.
(c) The application of this Code of Ethics does not in any way abrogate or alter the sole authority of each house of the General Assembly to judge the elections and qualifications of its own members under Chapter II, §§ 14 and 19 of the Vermont Constitution.
(d) The application of this Code of Ethics does not in any way abrogate or alter the Vermont Supreme Court’s constitutional authority under Chapter II, § 30 of the Vermont Constitution.
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 6, § 4, eff. July 1, 2023; 2023, No. 171 (Adj. Sess.), § 3, eff. June 10, 2024.)
(a) Conflict of interest; appearance of conflict of interest.
(1) In the public servant’s official capacity, the public servant shall avoid any conflict of interest or the appearance of a conflict of interest. The appearance of a conflict shall be determined from the perspective of a reasonable individual with knowledge of the relevant facts.
(2) Except as otherwise provided in subsections (b) and (c) of this section, when confronted with a conflict of interest, a public servant shall recuse themselves from the matter and not take further action.
(3) [Repealed.]
(b) Course of action.
(1) Legislative Branch. A member of the General Assembly shall comply with Legislative Branch rules and policies regarding the course of action a public servant may take when confronted with a conflict of interest, or the appearance of a conflict of interest, that is related to core legislative functions or duties.
(2) Judicial Branch. A judicial officer shall comply with the Vermont Code of Judicial Conduct regarding the course of action a judicial officer may take when confronted with a conflict of interest, or the appearance of a conflict of interest, that falls under the Code of Judicial Conduct, including in situations where a conflict of interest, or the appearance of a conflict of interest, falls under both the Vermont Code of Judicial Conduct and the Code of Ethics.
(3) Government attorneys. A public servant who is a licensed attorney shall comply with the Vermont Rules of Professional Conduct regarding the course of action the attorney may take when confronted with a conflict of interest, or the appearance of a conflict of interest, that falls under the Vermont Rules of Professional Conduct, including situations where a conflict of interest, or the appearance of a conflict of interest, falls under both the Vermont Rules of Professional Conduct and the Code of Ethics.
(4) Public servants; other. Any public servant facing a conflict of interest not covered by subdivisions (1)–(3) of this subsection shall comply with requirements prescribed in this subdivision. Each time a public servant is confronted with a conflict of interest, other than that for which the public servant’s action is solely ministerial or clerical, the public servant shall either make a public statement, which may consist of a statement made to the public servant’s immediate supervisor, recusing themselves from the matter or, if the public servant chooses to proceed with the matter, prepare a written statement regarding the nature of the conflict. A public servant may request either guidance or an advisory opinion from the State Ethics Commission in making an initial determination whether a conflict of interest exists, or whether good cause to proceed exists as set forth in subsection (c) of this section. Once recused, a public servant shall not in any way participate in or act to influence a decision regarding the matter. If the public servant chooses to proceed with the matter, the public servant’s prepared written statement shall:
(A) describe the matter requiring action;
(B) disclose the nature of the potential conflict or actual conflict of interest;
(C) explain why good cause, as set forth in subsection (c) of this section, exists so that the public servant can take action in the matter fairly, objectively, and in the public interest;
(D) include sufficient detail so that the matter may be understood by the public; and
(E) be filed in accordance with the policies and procedures set forth by the agency or entity governing the matter in question, including any requirement that the statement be made public.
(c) Good cause. As used in this section, “good cause to proceed” may include any of the following:
(1) the identified conflict or potential conflict is de minimis in nature;
(2) the conflict is amorphous, intangible, or otherwise speculative; or
(3) the public servant cannot legally or practically delegate the matter.
(d) Confidential information. Nothing in this section shall require a public servant to disclose confidential information or information that is otherwise privileged under law.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022; amended 2023, No. 171 (Adj. Sess.), § 4, eff. June 10, 2024.)
A public servant shall not direct another person to act in a manner that would be unethical for the public servant or the other person to act. A public servant who has a conflict of interest shall not direct others to act to the public servant’s benefit where such action would be a violation of the Code of Ethics if the public servant were to perform the act.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
A public servant shall avoid any actions creating the appearance that the public servant is violating the Code of Ethics. Whether particular circumstances create an appearance that the Code of Ethics have been violated shall be determined from the perspective of a reasonable individual with knowledge of the relevant facts.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
A public servant in the course of conducting State business shall act impartially, showing no favor toward or prejudice against any person. A public servant shall not give or represent an ability to give preference or special treatment to any person because of the person’s wealth, position, or status or because of any personal relationship with the public servant. When permitted by law and written policy or rule, a public servant may give preference to designated persons.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
A public servant shall not use the public servant’s official position for personal or financial gain.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
A public servant shall not use nonpublic government information or confidential information acquired during the course of State service for personal or financial gain or for the personal or financial gain of any other person.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
A public servant shall not make use of State materials, funds, property, personnel, facilities, or equipment, or permit another person to do so, for any purpose other than for official State business unless the use is expressly permitted or required by law or by a written agency, departmental, or institutional policy or rule. A public servant shall not engage in or direct another person to engage in work other than the performance of official duties during working hours, except as permitted or required by law or by written agency, departmental, or institutional policy or rule.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
(a) Gift limitations and exceptions. A public servant shall not solicit or accept a gift unless permitted under this section. For purposes of this subchapter, “gift” means anything of value, tangible or intangible, that is given for less than adequate consideration. A public servant may accept:
(1) A devise or inheritance. A public servant may accept a devise or inheritance.
(2) Gifts to the State. A public servant may accept goods or services that are provided to a State agency for use on State agency property or for use by the public servant while serving in an official capacity.
(3) Ceremonial awards. A public servant may accept a certificate, plaque, or other ceremonial award, provided the cost does not exceed the limit established pursuant to subsection (b) of this section.
(4) Rebates, discounts, and promotions. A public servant may accept a rebate, discount, or promotional item that is available to the general public or to a definable subset of the general public.
(5) Printed or recorded material. A public servant may accept printed or recorded informational or educational material germane to State action or functions.
(6) Food or beverages. A public servant may accept food or beverages, or both, under the following circumstances:
(A) The food or beverage, or both, is consumed on an occasion or occasions at which the person paying, directly or indirectly, for the food or beverage or the person’s representative is in attendance, provided the cost does not exceed the limit established pursuant to subsection (b) of this section.
(B) The food or beverage, or both, is incidental to the performance of a legitimate State function.
(C) The food or beverage, or both, is provided at a charitable, cultural, political, or civic event at which the public servant participates in the public servant’s official capacity.
(7) Admission fees and tickets. A public servant may accept free attendance to a widely attended charitable, cultural, political, or civic event at which a public servant participates in the public servant’s official capacity, provided such tickets or admission is provided by the primary sponsoring entity. Free attendance may include all or part of the cost of admission; transportation to and from the event; and food, refreshments, entertainment, and instructional materials provided to all event attendees.
(8) Private employment gifts. A public servant may accept anything of value provided by an employer of the public servant, provided such benefits are customarily and ordinarily provided to others in similar circumstances.
(9) Public-servant-to-public-servant gifts. A public servant may accept a gift from another public servant under the following circumstances:
(A) If the recipient is not in a supervisor-supervisee relationship with the giver, the public servant may accept a gift for a holiday or occasion of significance.
(B) If the recipient is in a supervisor-supervisee relationship, the public servant may accept a gift for a holiday or occasion of significance, provided the value does not exceed the limit established pursuant to subsection (b) of this section.
(10) Training or education. A public servant may accept attendance to training or similar events determined to be in the interest of the public servant’s agency or department.
(11) Gifts of de minimis value. A public servant may accept an unsolicited gift having a de minimis market value as established pursuant to subsection (b) of this section.
(12) Personal gifts. A public servant may accept gifts clearly motivated by an outside relationship, family relationship, or personal friendship rather than the position of the public servant. Relevant factors in making such a determination include the history and nature of the relationship and whether the individual, family member, or a friend personally pays for the gift.
(13) Loans. A public servant may accept a commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business.
(14) Gifts otherwise permitted and legal. A public servant may accept a gift that is otherwise expressly permitted under State law.
(b) Gift valuation. For purposes of this subchapter, the value or cost limit for gifts described in subsection (a) of this section shall be:
(1) Beginning on July 1, 2022:
(A) Ceremonial awards: Less than $100.00.
(B) Food or beverages, or both: Less than $100.00 in the aggregate per recipient, per source, in a calendar year.
(C) A supervisor-supervisee relationship gift: Less than $100.00 for any single gift, and the value of all gifts does not exceed $200.00 in the aggregate per year.
(D) De minimis gift: $50.00 or less per source per occasion, provided that the aggregate market value of individual gifts received from any one person does not exceed $150.00 in a calendar year.
(2) On or after July 1, 2026, the State Ethics Commission may increase the value or cost limit set in subdivision (1) of this subsection, provided:
(A) the State Ethics Commission presents its proposed increase to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations at least 180 days prior to proposed implementation and after consultation with the Department of Human Resources and the Judicial Branch;
(B) the cost or value limit is not increased more than once in a five- year period; and
(C) the increased cost or value limit is posted on the State Ethics Commission website and the Commission sends a notice of increase to public servants not less than 60 days prior to the increase’s effective date.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
A public servant shall not make unauthorized commitments or promises of any kind purporting to bind State government.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
(a) Outside employment. A public servant shall not seek or engage in outside employment or activities that are inconsistent, incompatible, or in conflict with the public servant’s official duties.
(b) Post-government employment.
(1) Executive officers. Executive officers shall comply with the post- government employment restrictions prescribed in section 267 of this title and 2 V.S.A. § 266(b) and (c).
(2) Legislators. Legislators shall comply with the post-government employment restrictions prescribed in 2 V.S.A. § 266(b).
(3) Legislative Branch employees. Except as permitted in subdivision (4) of this subsection, for one year after leaving office, a former Legislative Branch employee may not, for compensation, appear before the General Assembly or its subparts, or the office in which the employee served in at the time of leaving service, to advocate for anyone other than the State, concerning any matter in which the State has a direct and substantial interest.
(4) Contracting exception. The limitations in subdivisions (1) through (3) of this subsection do not apply to individuals providing information or services to the State pursuant to contracts of the State unless the public servant is otherwise prohibited from doing so by State or federal law.
(5) Representation restrictions. After leaving State service or employment, a public servant shall not knowingly, with the intent to advocate for an outcome of an investigation, application, ruling, license, contract, claim, rulemaking, charge, arrest, or quasi-judicial or judicial proceeding, communicate with or appear before the State on matters involving specific parties in which the employee participated personally and substantially during government service and in which the State is a party or has a direct and substantial interest.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
A public servant shall comply with applicable State and federal laws and regulations, including anti-discrimination and equal opportunity laws, and comply with applicable governmental codes of conduct. A public servant shall comply with any other applicable rules or policies established by executive order, agency rule, or policy.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
Consistent with sections 971–978 of this title, a public servant shall be free to disclose waste, fraud, abuse of authority, violations of law, or violations of this or other applicable codes regarding ethical conduct to the State Ethics Commission without fear of reprisal, intimidation, or retaliation.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
Within the first 120 days of public service, a public servant shall engage in State Code of Ethics training, which may be in person or online. Completion of State Code of Ethics training shall be documented by the department where the public servant is employed. A public servant shall participate in continuing State Code of Ethics education, which may be in person or online, at least once every three years thereafter. Approved continuing State Code of Ethics education providers are the State Ethics Commission, the Department of Human Resources – Center for Achievement in Public Service (CAPS), the Vermont House of Representatives Ethics Panel for the House of Representatives, the Vermont Senate Ethics Panel for the Senate, the Vermont Supreme Court and the Court Administrator’s Office for the Vermont Judiciary, and any education providers approved by the State Ethics Commission. Copies of State Code of Ethics training materials by ethics education providers shall be provided to the State Ethics Commission in advance of the training. On request, the State Ethics Commission may collaborate with or assist State Code of Ethics education providers.
(Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
(a) Annually, each Executive officer and county officer shall file with the State Ethics Commission a disclosure form that contains the following information in regard to the previous 12 months:
(1) each source, but not amount, of personal income of the officer and of the officer’s spouse or domestic partner, and of the officer together with the officer’s spouse or domestic partner, that totals more than $5,000.00, including:
(A) the officer’s employer or business name and address; and
(B) if self-employed, a description of the nature of the self-employment, including the names of any clients whose principal business activities are regulated by or that have a contract with any municipal or State office, department, or agency, provided that this information is known to the candidate or the candidate’s domestic partner and that the disclosed information is not confidential information;
(2) any board, commission, or other entity that is regulated by law on which the officer served and the officer’s position on that entity;
(3)(A) any company of which the officer or the officer’s spouse or domestic partner, or the officer together with the officer’s spouse or domestic partner, owned more than 10 percent; and
(B) the details of any loan made to any applicable company in subdivision (A) of this subdivision (3) that is not a commercially reasonable loan made in the ordinary course of business, including any borrower and lender;
(4) any company of which the officer or the officer’s spouse or domestic partner, or the officer together with the officer’s spouse or domestic partner, had an ownership or controlling interest in any amount, and the company had business before or with any municipal or State office, agency, or department;
(5) any lease or contract with the State held or entered into by:
(A) the officer or the officer’s spouse or domestic partner; or
(B) a company of which the officer or the officer’s spouse or domestic partner, or the officer together with the officer’s spouse or domestic partner, owned more than 10 percent;
(6) a generalized description, but not amount, to the best of the candidate’s knowledge, of the following investments held by a candidate or the candidate’s spouse or domestic partner:
(A) individual stock holdings valued at $25,000.00 or more, which a candidate exercises control over or has the ability to buy or sell, which shall be listed individually;
(B) interests in investment funds valued at $25,000.00 or more that a candidate or the candidate’s spouse or domestic partner has the ability to exercise control over the composition of assets within a fund, which shall be listed individually;
(C) interests in virtual currencies, as defined in 8 V.S.A. § 2503, valued at $25,000.00 or more, which shall be listed individually;
(D) interests in trusts valued at $25,000.00 or more, which shall be listed individually;
(E) municipal or State bonds issued in the State of Vermont of valued at $25,000.00 or more, which shall be listed individually; and
(F) the details of any loan valued at $10,000.00 or more, made to the candidate or the candidate’s spouse that is not a commercially reasonable loan made in the ordinary course of business; and
(7) the full name of the candidate’s spouse or domestic partner.
(b) In addition, if an Executive officer’s or county officer’s spouse or domestic partner is a lobbyist, the officer shall disclose that fact and provide the name of the officer’s spouse or domestic partner and, if applicable, the name of the lobbying firm.
(c)(1) Disclosure forms shall contain the statement, “I certify that the information provided on all pages of this disclosure form is true to the best of my knowledge, information, and belief.”
(2) Each Executive officer and county officer shall sign the officer’s disclosure form in order to certify it in accordance with this subsection.
(d)(1) Each Executive officer and county officer shall file the officer’s disclosure on or before January 15 of each year or, if the officer is appointed after January 15, within 10 days after that appointment.
(2) [Repealed.]
(e) [Repealed.]
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2021, No. 102 (Adj. Sess.), § 2, eff. July 1, 2022; 2023, No. 171 (Adj. Sess.), § 5, eff. June 10, 2024.)
(a) Annually, each member of the Commission and the Executive Director of the Commission shall file with the Executive Director a disclosure form that meets the requirements of and contains the information that Executive officers are required to disclose under section 1211 of this subchapter.
(b) A member and the Executive Director shall file their disclosures on or before January 15 of each year or, if the member or Executive Director is appointed after January 15, within 10 days after that appointment.
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)
(a) The Executive Director of the Commission shall prepare on behalf of the Commission any disclosure form required to be filed with it and the candidate disclosure form described in 17 V.S.A. § 2414 and shall make forms to be filed with the Commission available on the Commission’s website.
(b) The Executive Director shall post on the Commission’s website a copy of any disclosure form the Commission receives.
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)
[Subsection (a) effective until September 1, 2027; see also subsection (a) effective September 1, 2027 set out below.]
(a) Creation. There is created within the Executive Branch an independent commission named the State Ethics Commission to accept, review, make referrals regarding, and track complaints of alleged violations of governmental conduct regulated by law, of the Department of Human Resources Personnel Policy and Procedure Manual, and of the State’s campaign finance law set forth in 17 V.S.A. chapter 61; to provide ethics training; and to issue guidance and advisory opinions regarding ethical conduct.
[Subsection (a) effective September 1, 2027; see also subsection (a) effective until September 1, 2027 set out above.]
(a) Creation. There is created within the Executive Branch an independent commission named the State Ethics Commission to accept, review, investigate; hold hearings; issue warnings and reprimands; and recommend actions, make referrals regarding, and track complaints of alleged violations of governmental conduct regulated by law, of the Department of Human Resources Personnel Policy and Procedure Manual, of the State Code of Ethics, and of the State’s campaign finance law set forth in 17 V.S.A. chapter 61; to provide ethics training; and to issue guidance and advisory opinions regarding ethical conduct.
(b) Membership.
(1) The Commission shall be composed of the following seven members:
(A) one member, appointed by the Chief Justice of the Supreme Court;
(B) one member, appointed by the League of Women Voters of Vermont, who shall be a member of the League;
(C) one member, appointed by the Board of Directors of the Vermont Society of Certified Public Accountants, who shall be a member of the Society;
(D) one member, appointed by the Board of Managers of the Vermont Bar Association, who shall be a member of the Association;
(E) one member, appointed by the Board of Directors of the SHRM (Society for Human Resource Management) Vermont State Council, who shall be a member of the Council;
(F) one member, who shall be a former municipal officer, appointed by the Speaker of the House; and
(G) one member, who shall be a former municipal officer, appointed by the Senate Committee on Committees.
(2) The Commission shall elect the Chair of the Commission from among its membership.
(3) A member shall not:
(A) hold any office in the Legislative, Executive, or Judicial Branch of State government or otherwise be employed by the State;
(B) hold or enter into any lease or contract with the State, or have a controlling interest in a company that holds or enters into a lease or contract with the State;
(C) be a lobbyist;
(D) be a candidate for State, legislative, or elected judicial office; or
(E) hold any office in a State, legislative, or elected judicial office candidate’s committee, a political committee, or a political party.
(4) A member may be removed for cause by the remaining members of the Commission in accordance with the Vermont Administrative Procedure Act.
(5)(A) A member shall serve a term of five years and until a successor is appointed. A term shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term. Terms of members shall be staggered so that no two terms expire at the same time.
(B) A vacancy created before the expiration of a term shall be filled in the same manner as the original appointment for the unexpired portion of the term.
(C) A member shall not serve more than two consecutive terms. A member appointed to fill a vacancy created before the expiration of a term shall not be deemed to have served a term for the purpose of this subdivision (C).
(c) Executive Director.
(1) The Commission shall be staffed by an Executive Director who shall be appointed by and serve at the pleasure of the Commission.
(2) The Executive Director shall maintain the records of the Commission and shall provide administrative support as requested by the Commission, in addition to any other duties required by this chapter.
(d) Confidentiality. The Commission and the Executive Director shall maintain the confidentiality required by this chapter.
(e) Meetings. Meetings of the Commission:
(1) shall be held at least quarterly for the purpose of the Executive Director updating the Commission on the Executive Director’s work;
(2) may be called by the Chair and shall be called upon the request of any other two Commission members; and
(3) shall be conducted in accordance with 1 V.S.A. § 310 et seq.
(f) Reimbursement. Each member of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010.
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2023, No. 6, § 5, eff. July 1, 2023; 2023, No. 171 (Adj. Sess.), §§ 15, 16, 18, eff. June 10, 2024; 2023, No. 171 (Adj. Sess.), § 7, eff. September 1, 2027.)
(a) Conflicts of interest.
(1) Prohibition; recusal.
(A) A Commission member shall not participate in any Commission matter in which he or she has a conflict of interest and shall recuse himself or herself from participation in that matter.
(B) The failure of a Commission member to recuse himself or herself as described in subdivision (A) of this subdivision (1) may be grounds for the Commission to discipline or remove that member.
(2) Disclosure of conflict of interest.
(A) A Commission member who has reason to believe he or she has a conflict of interest in a Commission matter shall disclose that he or she has that belief and disclose the nature of the conflict of interest. Alternatively, a Commission member may request that another Commission member recuse himself or herself from a Commission matter due to a conflict of interest.
(B) Once there has been a disclosure of a member’s conflict of interest, members of the Commission shall be afforded the opportunity to ask questions or make comments about the situation to address the conflict.
(C) A Commission member may be prohibited from participating in a Commission matter by at least three other members of the Commission.
(3) Postrecusal or -prohibition procedure. A Commission member who has recused himself or herself or was prohibited from participating in a Commission matter shall not sit or deliberate with the Commission or otherwise act as a Commission member on that matter.
(4) Definition. As used in this subsection, “conflict of interest” means an interest of a member that is in conflict with the proper discharge of his or her official duties due to a significant personal or financial interest of the member, of a person within the member’s immediate family, or of the member’s business associate. “Conflict of interest” does not include any interest that is not greater than that of any other persons generally affected by the outcome of a matter.
(b) Gifts. A Commission member shall not accept a gift given by virtue of his or her membership on the Commission.
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2023, No. 171 (Adj. Sess.), § 8, eff. July 1, 2025.)
(a) Accepting complaints.
(1) On behalf of the Commission, the Executive Director shall accept complaints from any source regarding governmental ethics in any of the three branches of State government or of the State’s campaign finance law set forth in 17 V.S.A. chapter 61.
(2) Complaints shall be in writing and shall include the identity of the complainant.
[Subsection (b) effective until September 1, 2027; see subsection (b) effective September 1, 2027 set out below.]
(b) Preliminary review by Executive Director. The Executive Director shall conduct a preliminary review of complaints made to the Commission in order to take action as set forth in this subsection, which shall include referring complaints to all relevant entities.
(1) Governmental conduct regulated by law.
(A) If the complaint alleges a violation of governmental conduct regulated by law, the Executive Director shall refer the complaint to the Attorney General or to the State’s Attorney of jurisdiction, as appropriate.
(B) The Attorney General or State’s Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (1) within 10 days of that decision.
(2) Department of Human Resources, Personnel Policy and Procedure Manual.
(A) If the complaint alleges a violation of the Department of Human Resources Personnel Policy and Procedure Manual, the Executive Director shall refer the complaint to the Commissioner of Human Resources.
(B) The Commissioner shall report back to the Executive Director regarding the final disposition of a complaint referred under subdivision (A) of this subdivision (2) within 10 days of that final disposition.
(3) Campaign finance.
(A) If the complaint alleges a violation of campaign finance law, the Executive Director shall refer the complaint to the Attorney General or to the State’s Attorney of jurisdiction, as appropriate.
(B) The Attorney General or State’s Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (3) as set forth in 17 V.S.A. § 2904a.
(4) Legislative and Judicial Branches; attorneys.
(A) If the complaint is in regard to conduct committed by a State Senator, the Executive Director shall refer the complaint to the Senate Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.
(B) If the complaint is in regard to conduct committed by a State Representative, the Executive Director shall refer the complaint to the House Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.
(C) If the complaint is in regard to conduct committed by a judicial officer, the Executive Director shall refer the complaint to the Judicial Conduct Board and shall request a report back from the Board regarding the final disposition of the complaint.
(D) If the complaint is in regard to an attorney employed by the State, the Executive Director shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint.
(E) If any of the complaints described in subdivisions (A)-(D) of this subdivision (4) also allege that a crime has been committed, the Executive Director shall also refer the complaint to the Attorney General and the State’s Attorney of jurisdiction.
(5) Municipal Code of Ethics. If the complaint alleges a violation of the Municipal Code of Ethics, the Executive Director shall refer the complaint to the designated ethics liaison of the appropriate municipality.
(6) Closures. The Executive Director shall close any complaint that the Executive Director does not refer as set forth in subdivisions (1)-(5) of this subsection.
[Subsection (b) effective September 1, 2027; see also subsection (b) effective until September 1, 2027 set out above.]
(b) Preliminary review by Executive Director. The Executive Director shall conduct a preliminary review of complaints made to the Commission in order to take action as set forth in this subsection, which shall include referring complaints to all relevant entities, including the Commission itself.
(1) Governmental conduct regulated by law.
(A) If the complaint alleges a violation of governmental conduct regulated by law, the Executive Director shall refer the complaint to the Attorney General or to the State’s Attorney of jurisdiction, as appropriate.
(B) The Attorney General or State’s Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (1) within 10 days of that decision.
(2) Department of Human Resources, Personnel Policy and Procedure Manual.
(A) If the complaint alleges a violation of the Department of Human Resources Personnel Policy and Procedure Manual, the Executive Director shall refer the complaint to the Commissioner of Human Resources.
(B) The Commissioner shall report back to the Executive Director regarding the final disposition of a complaint referred under subdivision (A) of this subdivision (2) within 10 days of that final disposition.
(3) Campaign finance.
(A) If the complaint alleges a violation of campaign finance law, the Executive Director shall refer the complaint to the Attorney General or to the State’s Attorney of jurisdiction, as appropriate.
(B) The Attorney General or State’s Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (3) as set forth in 17 V.S.A. § 2904a.
(4) Legislative and Judicial Branches; attorneys.
(A) If the complaint is in regard to conduct committed by a State Senator, the Executive Director shall refer the complaint to the Senate Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.
(B) If the complaint is in regard to conduct committed by a State Representative, the Executive Director shall refer the complaint to the House Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.
(C) If the complaint is in regard to conduct committed by a judicial officer, the Executive Director shall refer the complaint to the Judicial Conduct Board and shall request a report back from the Board regarding the final disposition of the complaint.
(D) If the complaint is in regard to an attorney employed by the State, the Executive Director shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint.
(E) If any of the complaints described in subdivisions (A)-(D) of this subdivision (4) also allege that a crime has been committed, the Executive Director shall also refer the complaint to the Attorney General and the State’s Attorney of jurisdiction.
(5) Municipal Code of Ethics. If the complaint alleges a violation of the Municipal Code of Ethics, the Executive Director shall refer the complaint to the designated ethics liaison of the appropriate municipality.
(6) Closures. The Executive Director shall close any complaint that the Executive Director does not refer as set forth in subdivisions (1)-(5) of this subsection.
(c) Commission advice on the application of the State Code of Ethics on referred complaints.
(1) If the Executive Director refers a complaint under subsection (b) of this section, the Executive Director shall signify any likely unethical conduct described in the complaint and, except for complaints alleging a violation of the Municipal Code of Ethics as set forth in subdivision (b)(5) of this section, shall specify any application of the State Code of Ethics to the allegations presented in the complaint and include a recommended action.
(2) Any advice the Commission provides to the referred entity under this subsection shall be confidential and nonbinding on the entity.
[Subsection (d) effective until September 1, 2027; see also subsection (d) effective September 1, 2027 set out below.]
(d) Confidentiality. Complaints and related documents in the custody of the Commission shall be exempt from public inspection and copying under the Public Records Act and kept confidential.
[Subsection (d) effective September 1, 2027; see also subsection (d) effective until September 1, 2027 set out above.]
(d) Confidentiality. Complaints and related documents in the custody of the Commission shall be exempt from public inspection and copying under the Public Records Act and kept confidential, except as provided for in section 1231 of this title.
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2023, No. 171 (Adj. Sess.), § 9, eff. September 1, 2025; 2025, No. 44, § 1, eff. September 1, 2025; 2025, No. 44, § 2, eff. September 1, 2027.)
At least annually, in collaboration with the Department of Human Resources, the Commission shall make available to legislators, State officers, and State employees training on issues related to governmental ethics. The training shall include topics related to those covered in any guidance provided or advisory opinion issued under section 1225 of this subchapter.
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)
(a) Guidance.
(1) The Executive Director may provide guidance only to a person who is or will be subject to the provisions of this chapter, upon his or her request, with respect to that person’s duties regarding any provision of this chapter or regarding any other issue related to governmental ethics.
(2) The Executive Director may consult with members of the Commission and the Department of Human Resources in preparing this guidance.
(3) Guidance provided under this subsection shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential unless the receiving entity has publicly disclosed it.
(b) Advisory opinions.
(1) On the written request of a person who is or will be subject to the provisions of this chapter, the Executive Director may issue an advisory opinion to that person that provides general advice or interpretation with respect to that person’s duties regarding any provision of this chapter or regarding any other issue related to governmental ethics.
(2) The Executive Director may consult with members of the Commission and the Department of Human Resources in preparing these advisory opinions.
(3) The Executive Director may seek comment from persons interested in the subject of an advisory opinion under consideration.
(4) The Executive Director shall post on the Commission’s website any advisory opinions that he or she issues.
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)
(a) Annually, on or before November 15, the following entities shall report to the State Ethics Commission aggregate data on ethics complaints not submitted to the Commission, with the complaints separated by topic, and the disposition of those complaints, including any prosecution, enforcement action, or dismissal:
(1) the office of the Attorney General and State’s Attorneys’ offices, of alleged violations of governmental conduct regulated by law and associated crimes and including campaign finance requirements;
(2) the Department of Human Resources, of complaints alleging conduct that violates the ethical provisions of the Department of Human Resources Personnel Policy and Procedure Manual or of the State Code of Ethics;
(3) the Senate Ethics Panel, of alleged unethical conduct committed by State Senators;
(4) the House Ethics Panel, of alleged unethical conduct committed by State Representatives;
(5) the Judicial Conduct Board, of alleged unethical conduct committed by a judicial officer;
(6) the Professional Responsibility Board, of alleged unethical conduct committed by an attorney employed by the State; and
(7) the Office of the State Court Administrator, of complaints alleging conduct that violates the ethical provisions of the Judicial Branch Personnel Policy or of the State Code of Ethics, including for attorneys employed by the State.
(b) Annually, on or before January 15, the State Ethics Commission shall report to the General Assembly regarding the following issues:
(1) Complaints.
(A) The number and a summary of the complaints made to the Commission, separating the complaints by topic, and the disposition of those complaints, including any prosecution, enforcement action, or dismissal. This summary of complaints shall not include any personal identifying information.
(B) The number and a summary of the complaints data received by the Commission pursuant to subsection (a) of this section.
(2) Guidance and training.
(A) Guidance. The number of requests for and a summary of the guidance the Executive Director provided, separating the guidance by topic. This summary of guidance shall not include any personal identifying information.
(B) Training. An estimate of the number of Code of Ethics trainings conducted by each branch of government, a summary of the training activities undertaken by the Ethics Commission, and a summary of any recommendations the Commission or the Executive Director made to any branch of State government regarding additional training or more in-depth training for particular provisions of the Code of Ethics.
(3) Recommendations. Any recommendations for legislative action to address State governmental ethics or provisions of campaign finance law.
(Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2021, No. 102 (Adj. Sess.), § 2a, eff. July 1, 2022; 2023, No. 171 (Adj. Sess.), § 19, eff. June 10, 2024.)
(a) Power to investigate. The Commission, through its Executive Director, may investigate public servants for alleged unethical conduct. The Commission may investigate alleged unethical conduct after receiving a complaint pursuant to section 1223 of this title. The Commission may also investigate suspected unethical conduct without receiving any complaint.
(b) Initiation of investigation by Commission vote. The Executive Director shall only initiate an investigation upon an affirmative vote to proceed with the investigation of unethical conduct by a majority of current members of the Commission who have not recused themselves.
(c) Statute of limitations. The Commission shall only initiate an investigation relating to unethical conduct that last occurred within the prior two years.
(d) Outside legal counsel and investigators. The Executive Director may appoint legal counsel, who shall be an attorney admitted to practice in this State, and investigators to assist with investigations, hearings, and issuance of warnings, reprimands, and recommended actions.
(e) Notice. The Executive Director shall notify the complainant and public servant, in writing, of any complaint being investigated.
(f) Complainant participation. A complainant shall have the right to be heard in an investigation resulting from the complaint.
(g) Timeline of investigation. An investigation shall conclude within six months after either the date of the complaint received or, in the event no complaint was received, the date of the investigation’s initiation by the Executive Director.
(h) Burden of proof. For a hearing to be warranted subsequent to an investigation, the Executive Director shall find that there is a reasonable basis to believe that the public servant’s conduct constitutes an unethical violation.
(i) Determination after investigation.
(1) Upon investigating the alleged unethical conduct, if the Executive Director determines that an evidentiary hearing is warranted, the Executive Director shall notify the Commission. If a majority of current members of the Commission who have not recused themselves vote in concurrence with the Executive Director’s determination that an evidentiary hearing is warranted, the Executive Director shall prepare an investigation report specifying the public servant’s alleged unethical conduct, a copy of which shall be served upon the public servant and any complainant, together with the notice of hearing set forth in section 1228 of this title.
(2) Upon investigating the alleged unethical conduct, if the Executive Director determines that an evidentiary hearing is not warranted, the Executive Director shall notify the Commission, the public servant, and any complainant, in writing, of the result of the investigation and the termination of proceedings.
(Added 2023, No. 171 (Adj. Sess.), § 10, eff. September 1, 2027.)
(a) Power to hold hearings. The Commission may meet and hold hearings for the purpose of gathering evidence and testimony if found warranted pursuant to section 1227 of this title and to make determinations.
(b) Open meetings. All Commission hearings shall be considered meetings of the Commission as described in subsection 1221(e) of this title and shall be conducted in accordance with 1 V.S.A. § 310 et seq.
(c) Time of hearing. The Chair of the Commission shall set a time for the hearing as soon as convenient following the Director’s determination that an evidentiary hearing is warranted, subject to the discovery needs of the public servant and any complainant as established in any prehearing or discovery conference or in any orders regulating discovery and depositions, or both, but not earlier than 30 days after service of the charge upon the public servant. The public servant or a complainant may file motions to extend the time of the hearing for good cause, which may be granted by the Chair.
(d) Notice of hearing. The Chair shall give the public servant and any complainant reasonable notice of a hearing, which shall include:
(1) A statement of the time, place, and nature of the hearing.
(2) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(3) A reference to the particular sections of the statutes and rules involved.
(4) A short and plain statement of the matters at issue. If the Commission is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application by either the public servant or any complainant, a more definite and detailed statement shall be furnished.
(5) A reference and copy of any rules adopted by the Commission regarding the hearing’s procedures, rules of evidence, and other aspects of the hearing.
(e) Rights of public servants and complainants. Opportunity shall be given to the public servant and any complainant to be heard at the hearing, present evidence, respond to evidence, and argue on all issues related to the alleged unethical misconduct.
(f) Executive session. In addition to the provisions of 1 V.S.A. § 313(a), the Commission may enter executive session if the Commission deems it appropriate in order to protect the confidentiality of an individual or any other protected information pertaining to any identifiable person that is otherwise confidential under State or federal law.
(Added 2023, No. 171 (Adj. Sess.), § 11, eff. September 1, 2027; amended 2025, No. 18, § 16.)
(a) Power to issue warnings, reprimands, and recommended actions. The Commission may issue warnings, reprimands, and recommended actions, not inconsistent with the Vermont Constitution and laws of the State, including facilitated mediation, additional training and education, referrals to counseling and wellness support, or other remedial actions.
(b) Factors in determination.
(1) Circumstances of unethical conduct. In this determining, the Commission shall consider the degree of unethical conduct, the timeline over which the unethical conduct occurred and whether the conduct was repeated, and the privacy, rights, and responsibilities of the parties.
(2) Determination based on evidence. The Commission shall render its determination on the allegation on the basis of the evidence in the record before it, regardless of whether the Commission makes its determination on the investigation report of the Executive Director pursuant to section 1227 of this title alone, on evidence and testimony presented in the hearing pursuant to section 1228 of this title, or on its own findings.
(3) Burden of proof. The Commission shall only issue a warning, reprimand, or recommended action if it finds that, by a preponderance of the evidence, the public servant committed unethical conduct.
(c) Determination after hearing.
(1) If a majority of current members of the Commission who have not recused themselves find that the public servant committed unethical conduct as specified in the investigation report the Executive Director pursuant to section 1227 of this title alone, the Commission shall then, in writing or stated in the record, issue a warning, reprimand, or recommended action.
(2) If the Commission does not find that the public servant committed unethical conduct, the Commission shall issue a statement that the allegations were not proved.
(3) When a determination or order is approved for issue by the Commission, the decision or order may be signed by the Chair on behalf of the Commission.
(d) Timeline for determination. The Commission shall make its determination within 30 days after concluding the Commission’s last hearing under this section and notify the public servant and any complainant of the Committee’s determination. This timeline may be extended by the Commission for good cause or pursuant to an agreement made between the Commission and the public servant.
(e) Referral of unethical conduct. Notwithstanding subsection 1223(c) of this title, the Commission shall notify the Attorney General or the State’s Attorney of jurisdiction of any alleged violations of governmental conduct regulated by law or the relevant federal agency of any alleged violations of federal law, if discovered in the course of the Commission’s investigations.
(f) Power to enter into resolution agreements.
(1) Notwithstanding any provisions of this chapter to the contrary, the Commission may, by a majority vote of its current members who have not recused themselves, enter into a resolution agreement with a public servant who is the subject of a complaint or investigation.
(2) A resolution agreement shall:
(A) include an agreed course of remedial action to be taken by the public servant;
(B) be in writing; and
(C) be executed by both the public servant and Executive Director.
(3) A resolution agreement may be entered into at any point in time before or during Commission proceedings. Any procedural deadlines described in this chapter or rules adopted pursuant to this chapter shall be paused at the time of execution of the resolution agreement. The Executive Director shall verify compliance with the resolution agreement within three months following execution of the agreement, and if the Executive Director is not satisfied that compliance has been achieved, the Commission may resume its initial proceedings.
(4) The Commission shall create a summary of any resolution agreement. A summary of any resolution agreement shall be a public record subject to public inspection and copying under the Public Records Act. A resolution agreement shall be exempt from public inspection and copying under the Public Records Act and shall be considered confidential.
(Added 2023, No. 171 (Adj. Sess.), § 12, eff. September 1, 2027.)
(a) Procedure. Unless otherwise controlled by statute or rules adopted by the Commission, the Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply in the Commission’s investigations and hearings.
(b) Rulemaking. The Commission shall adopt rules pursuant to chapter 25 of this title regarding procedural and evidentiary aspects of the Commission’s investigations and hearings.
(c) Waiver of rules. To prevent unnecessary hardship, delay, or injustice, or for other good cause, a vote of two-thirds of the Commission’s members present and voting may waive the application of a rule upon such conditions as the Chair may require, unless precluded by rule or by statute.
(d) Subpoenas and oaths. The Commission, the Executive Director, and the Commission’s legal counsel and investigators shall have the power to issue subpoenas and administer oaths in connection with any investigation or hearing, including compelling the provision of materials or the attendance of witnesses at any investigation or hearing. The Commission, the Executive Director, and the Commissioner’s legal counsel shall seek voluntary compliance prior to issuing a subpoena, except in cases where there is reasonable suspicion that materials will not be produced in a timely manner. The Commission, the Executive Director, and the Commission’s legal counsel and investigators may take or cause depositions to be taken as needed in any investigation or hearing.
(Added 2023, No. 171 (Adj. Sess.), § 13, eff. September 1, 2027.)
(a) Intent. It is the intent of this section both to protect the reputation of public servants from public disclosure of frivolous complaints against them and to fulfill the public’s right to know any unethical conduct committed by a public servant that results in issued warnings, reprimands, or recommended actions.
(b) Public records. Except as where otherwise provided in this chapter, public records relating to the Commission’s handling of complaints, alleged unethical conduct, investigations, proceedings, and executed resolution agreements are exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except those public records required or permitted to be released under this chapter. Records subject to public inspection and copying under the Public Records Act shall include:
(1) investigation reports relating to alleged unethical conduct determined to warrant a hearing pursuant to section 1227 of this title, but not any undisclosed records gathered or created in the course of an investigation;
(2) at the request of the public servant or the public servant’s designated representative, investigation reports relating to alleged unethical conduct determined to not warrant a hearing pursuant to section 1227 of this title, but not any undisclosed records gathered or created in the course of an investigation;
(3) evidence produced in the open and public portions of Commission hearings;
(4) any warnings, reprimands, and recommendations issued by the Commission;
(5) any summaries of executed resolution agreements; and
(6) any records, as determined by the Commission, that support a warning, reprimand, recommendation, or summary of an executed resolution agreement, including investigation reports in accordance with subdivisions (1) and (2) of this subsection.
(c) Court orders. Nothing in this section shall prohibit the disclosure of any information regarding alleged unethical conduct pursuant to an order from a court of competent jurisdiction, or to a State or federal law enforcement agency in the course of its investigation, provided the agency agrees to maintain the confidentiality of the information as provided in subsection (b) of this section.
(Added 2023, No. 171 (Adj. Sess.), § 14, eff. September 1, 2027; 2025, No. 44, § 3, eff. September 1, 2027.)
The Governor may make such changes in the organization of the Executive Branch or in the assignment of functions among its units as he or she considers necessary for efficient administration.
(1969, No. 245 (Adj. Sess.), § 2, eff. April 4, 1970.)
(a) The Governor may propose by executive order changes in the organization of the Executive Branch of government that are not consistent with or will supersede existing organization provided for by law. The executive order shall be submitted to both houses of the General Assembly.
(b) An executive order issued under this chapter shall be presented to the General Assembly not later than January 15th of the year in which the General Assembly sits. The executive order shall become effective unless disapproved by resolution of either House of the General Assembly within 90 days, or before final adjournment of that annual session, whichever comes first.
(c) Executive orders that become effective under this chapter shall be printed with the session laws and published as an appendix to the Vermont Statutes Annotated.
(d)(1) Notwithstanding subsections (a) and (b) of this section, the Governor may revise existing executive orders to use respectful language consistent with Vermont Statutes Annotated and the respectful language study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1. The authority pertains only to nonsubstantive revisions using respectful language and does not confer authority to make other changes.
(2) All new executive orders proposed by the Governor shall use, to the fullest extent possible, respectful language consistent with the Vermont Statutes Annotated and the respectful language study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1, where appropriate.
(Added 1969, No. 245 (Adj. Sess.), §§ 3-5, eff. April 4, 1970; amended 2013, No. 96 (Adj. Sess.), § 7(a).)
In effecting any change or modification in the organization of the Executive Branch by executive order, the following limitations and provisions shall apply:
(1) New agencies, departments, and divisions shall be staffed so far as possible by personnel from those agencies, departments, or divisions that are integrated in, consolidated with, or transferred to the new units or whose functions in whole or in part are transferred to those new units. The Governor is authorized to make such transfers under the terms of this chapter.
(2) Upon the transfer of personnel or any function of any agency, department, or any division thereof, the Governor may transfer or reallocate in whole or in part, by executive order, the appropriations affected thereby to the unit of government to which the function or personnel were transferred consistent with the purpose for which the appropriations were made.
(1969, No. 245 (Adj. Sess.), § 6(1), (2), eff. April 4, 1970.)
Notwithstanding any other provision of law, all commissioners of State departments and all members of State boards and commissions appointed by the Governor, with the advice and consent of the Senate when this provision so applies, shall serve at the pleasure of the Governor until the end of the term, if any, for which they were appointed and until a successor has been appointed and qualified.
(1969, No. 244 (Adj. Sess.), § 4, eff. April 4, 1970; amended 1991, No. 248 (Adj. Sess.), § 1, eff. June 9, 1992.)
When any unit of government is transferred by executive order to another unit without substantial change in its functions it shall be deemed to have continued in force without any interruption in its functions.
(1969, No. 245 (Adj. Sess.), § 6(4), eff. April 4, 1970.)
The transfer of any agency, department, or division or any other governmental unit or its functions shall not affect any act done, liability incurred, or any right accrued or vested, or affect, abate, or prevent any action or prosecution pending or to be instituted to enforce any right or penalty or punish any offense nor shall it affect the validity of any contract to which the State, or any unit of the State, is a party in interest.
(1969, No. 245 (Adj. Sess.), § 6(5), eff. April 4, 1970.)
For the purpose of effecting an orderly transfer of the authority, duties, powers, responsibilities, and functions to any newly created governmental unit or units, the Governor may by executive order or orders determine the date on which the transfer shall become effective. Until so ordered any State agency, department, or division and its functions shall remain operating as constituted prior to the effective date in the order.
(1969, No. 245 (Adj. Sess.), § 6(3), eff. April 4, 1970.)
A cabinet is created in the Executive Branch of government that shall consist of the Secretaries of such agencies as are created by law.
(1969, No. 244 (Adj. Sess.), § 1, eff. Jan. 10, 1971.)
(a) The Governor’s Cabinet shall adopt and implement a program of continuing coordination and improvement of the activities carried on at all levels of State and local government.
(b) The Cabinet shall work collaboratively with the Executive Director of Racial Equity and shall provide the Director with access to all relevant records and information as permitted by law.
(Added 1969, No. 244 (Adj. Sess.), § 3, eff. Jan. 10, 1971; amended 2018, No. 9 (Sp. Sess.), § 2, eff. June 28, 2018.)
(a) Each Secretary shall take and file the official oath prior to assuming office.
(b) The Governor’s Cabinet shall meet from time to time at the call of the Governor. The cabinet may create such committees as it considers appropriate, the membership of which may be established by the Cabinet and may include persons not members of the Cabinet.
(1969, No. 244 (Adj. Sess.), §§ 2, 5, eff. Jan. 10, 1971.)
The Central Planning Office and its State planning functions are transferred hereby to the Office of the Governor. The Governor, by executive order, may specify the duties, responsibilities, and organization of the Office as he or she deems necessary for the proper execution of its functions. The Office shall be headed by a Director of Planning who shall be appointed by the Governor to serve at his or her pleasure. The Director of Planning with the approval of the Governor may:
(1) coordinate the planning activities of departments of the Executive Branch;
(2) make studies, surveys, and reports concerning that program;
(3) accept, contract for, and administer under this chapter and for its objectives and purposes contributions, capital grants, appropriations, gifts, services, and other financial assistance from or for any individual, association, corporation, or other organization having an interest in planning and development, this State, and the United States, and any of their agencies, political or administrative subdivisions, and instrumentalities, corporate or otherwise; and
(4) perform such other acts as may be necessary or appropriate to carry out the objectives and purposes of this section.
(1969, No. 244 (Adj. Sess.), § 6, eff. Jan. 10, 1971.)
In this chapter, the following words mean:
(1) Agency: The Agency of Administration;
(2) Secretary: The head of the Agency, a member of the Governor’s Cabinet, who is responsible to the Governor for the administration of the Agency;
(3) Department: A major component of the Agency;
(4) Commissioner: The head of a department, who is responsible to the Secretary for the administration of the department;
(5) Division: A major component of a department or of the Agency;
(6) Director: The head of a division of the Agency.
(Added 1971, No. 92, § 1, eff. June 1, 1971.)
(a) An Agency of Administration is created. The Agency shall consist of the following:
(1) The Department of Finance and Management;
(2) The Department of Human Resources;
(3) The Department of Buildings and General Services;
(4) The Department of Libraries;
(5) The Department of Taxes; and
(6) The Department of Information and Innovation.
(b) The following units are attached to the Agency for the purpose of receiving administrative support:
(1) Connecticut River Flood Control Commission; and
(2) Supervisors of unorganized towns and gores.
(Added 1971, No. 92, § 2, eff. June 1, 1971; amended 1977, No. 105, § 8; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1983, No. 195 (Adj. Sess.), § 5(a); 1985, No. 74, § 307(b); 1987, No. 243 (Adj. Sess.), § 10, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 1, eff. May 6, 1996; 2003, No. 31, § 1; 2003, No. 156 (Adj. Sess.), § 15.)
(a) All boards, committees, councils, and commissions that under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards, committees, councils, and commissions, including administrative, policy-making, rulemaking, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.
(b) Notwithstanding subsection (a) of this section or any other provision of this chapter, the Connecticut River Flood Control Commission shall retain and exercise all powers and functions given to it under the provisions of 10 V.S.A. chapter 45.
(Added 1971, No. 92, § 3, eff. June 1, 1971.)
The secretary, deputy secretary, commissioners, deputy commissioners, attorneys, and all members of boards, committees, councils, and commissions attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by law, all other positions shall be within the classified service.
(Added 1971, No. 92, § 12, eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 11; 1993, No. 227 (Adj. Sess.), § 10.)
(a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.
(b) [Repealed.]
(Added 1971, No. 92, § 4(a), (d), eff. June 1, 1971; amended 1971, No. 191 (Adj. Sess.), § 16.)
(a) In addition to the duties expressly set forth elsewhere by law, the Secretary shall:
(1) As principal administrative aide to the Governor, plan, organize, direct, control, integrate, coordinate, and supervise all functions and programs of the Agency and its departments and divisions.
(2) With the approval of the Governor, issue general policy statements and general rules and regulations applicable to the Executive Branch of the State government to implement executive orders or legislative mandate.
(3) Upon request, advise the Governor and the Legislature on all matters relating to general administration.
(4) Have access to and the right to copy any records of all executive and administrative departments, except tax returns, other tax return information, and other information that by law is confidential.
(5) Have access to and the right to inspect all lands, buildings, and installations owned or leased by the State, under such regulations as the Governor may approve.
(6) Be responsible for the internal budgeting, accounting, procurement, filing, and related management functions for the Agency through facilities as the Secretary shall designate or establish, subject to the provisions of this title.
(7) Subject to chapter 13 of this title relating to classification, and other provisions of law, exercise all functions pertaining to appointment, fixing of compensation, transfer, promotion, demotion, suspension, or dismissal of persons to or from offices and positions in the Agency of Administration.
(8) When so requested by the General Assembly, make a biennial report to the General Assembly of all principal matters pertaining to the operation of the Agency of Administration and its departments and divisions.
(9) [Repealed.]
(10) [Repealed.]
(11) Inspect, appraise, and maintain a current appraisal schedule of all State-owned buildings, appendages, and appurtenances thereto based upon replacement value in the first instance and upon depreciated value in the second instance. Appraisals shall be furnished upon request to the Commissioner of Buildings and General Services, departments and agencies concerned, and appropriate committees of the General Assembly.
(b) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. He or she shall prepare and submit to the Governor an annual budget.
(c) The Secretary shall compile, weekly, a list of all public hearings and meetings scheduled by all Executive Branch State agencies, departments, boards, or commissions during the next ensuing week. The list shall be distributed to any person in the State at that person’s request. Each Executive Branch State agency, department, board, or commission shall notify the Secretary of all public hearings and meetings to be held and any cancellations of such hearings or meetings.
(d) With the approval of the Governor, or upon his or her request, the Secretary of Administration, or his or her agent, shall undertake a full and complete management audit of the accounts and activities of any State agency, commission, or State-created authority of any kind. Any such agency, commission, or State-created authority shall make available all books, records, accounts, documents, and other material requested by the Secretary of Administration, or his or her agent, for such purpose.
(e) The Secretary of Administration is authorized to arrange staff and technical support for studies or investigative committees appointed by the Governor.
(f) The Secretary of Administration may extend the benefits of the collective bargaining agreement as necessary or appropriate to State employees who are not members of any bargaining unit, and may offer additional benefits the cost of which shall be paid by the employee.
(g) [Repealed.]
(h) Notwithstanding the provisions of chapter 13 of this title, the Secretary of Administration, with the approval of the Governor, may authorize alternative salary compensation plans for managerial employees, either as a whole, or within specific occupations and categories as determined by the Secretary. Such alternative salary provisions may implement provisions for minimum and maximum ranges, promotional rates, and merit pay for performance provisions, pay banding, and other features of compensation determined in the best interests of the State, provided that individual employees may not receive adjustments that exceed the rates of adjustment available to classified employees under the collective bargaining unit.
(i) The Secretary of Administration is authorized to transfer vacant positions throughout the Executive Branch of State government, and to adjust appropriations in the Executive Branch in accordance with the Secretary’s Statewide Vacancy Savings Plan that reflects realistic savings due to vacant positions. Such appropriation adjustments shall result in no change to the total statewide legislative appropriations to the Executive Branch. This authority is separate from the Secretary’s authority provided in 32 V.S.A. § 706.
(j) Notwithstanding the provisions of 29 V.S.A. § 903(a), the Agency of Administration will administer the Equipment Revolving Fund to be used for internal lease purchase of equipment for State agencies. The Secretary of Administration shall establish criteria for equipment purchased through this Fund, including types of equipment, limiting amounts for specific equipment, and the useful life of the equipment.
(1) Agencies or departments acquiring such equipment shall repay the Fund through their regular operating budgets according to an amortization schedule established by the Commissioner of Finance and Management. Repayment shall include charges for the administrative costs of the purchase and estimated administrative inflation over the term of the payback.
(2) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.
(k) The Secretary of Administration or designee shall review all grants from an agency of the State to a law enforcement agency or constable, and all such grants shall be subject to the approval of the Secretary or designee. The Secretary or designee shall approve the grant only if the law enforcement agency or constable has complied with the race data reporting requirements set forth in 20 V.S.A. § 2366(e) and the death or serious bodily injury reporting requirements set forth in 18 V.S.A. § 7257a(b) within six months prior to the Secretary’s or designee’s review.
(Added 1971, No. 92, § 4(b), (c), eff. June 1, 1971; amended 1973, No. 60, § 2, eff. May 13, 1973; 1977, No. 146 (Adj. Sess.), § 5; 1979, No. 205 (Adj. Sess.), § 136, eff. May 9, 1980; 1987, No. 243 (Adj. Sess.), § 12, eff. June 13, 1988; 1989, No. 67, § 19; 1989, No. 277 (Adj. Sess.), § 17a; 1993, No. 207 (Adj. Sess.), § 2, eff. June 17, 1994; 1995, No. 63, §§ 18a, eff. May 4, 1995; 1995, No. 63, § 18b; 1995, No. 177 (Adj. Sess.), § 9; 1995, No. 178 (Adj. Sess.), § 420, eff. May 22, 1996; 1995, No. 185 (Adj. Sess.), §§ 44, 45, eff. May 22, 1996; 1997, No. 66 (Adj. Sess.), § 67, eff. Feb. 20, 1998; 1999, No. 29, § 60, eff. May 19, 1999; 2001, No. 142 (Adj. Sess.), § 302a; 2003, No. 31, § 2; 2005, No. 203 (Adj. Sess.), § 3, eff. May 30, 2006; 2007, No. 206 (Adj. Sess.), § 7; 2009, No. 33, § 6; 2009, No. 156 (Adj. Sess.), § E.100.1; 2011, No. 109 (Adj. Sess.), § 5, eff. May 8, 2012; 2011, No. 162 (Adj. Sess.), § E.101.1; 2013, No. 1, § 73; 2013, No. 50, § E.100.2; 2013, No. 142 (Adj. Sess.), § 11; 2015, No. 58, § E.100.2, eff. June 11, 2015; 2015, No. 58, § E.145.3; 2015, No. 131 (Adj. Sess.), § 20; 2019, No. 49, § 3, eff. June 10, 2019; 2019, No. 147 (Adj. Sess.), § 2, eff. Jan. 1, 2021; 2019, No. 166 (Adj. Sess.), § 19, eff. Jan. 1, 2021; 2021, No. 74, § E.103.3.)
[Repealed]
2017, No. 85, § E.100.2, eff. June 28, 2017.
[Repealed]
2013, No. 190 (Adj. Sess.), § 13, eff. July 1, 2015.
(a) As used in this section, “employee misclassification” means:
(1) the misclassification of an employee as an independent contractor; or
(2) a violation of 21 V.S.A. § 687 or 708 that results from an employer claiming that it is not an employer as defined pursuant to 21 V.S.A. § 601(3) or that an individual is not a worker or employee as defined pursuant to 21 V.S.A. § 601(14).
(b) The Employee Misclassification Task Force is created to coordinate efforts to combat misclassification of workers and to ensure enforcement of all related laws and regulations. The Task Force shall be overseen by the Office of the Attorney General and shall be composed of the following members:
(1) the Attorney General or designee;
(2) the Secretary of Administration or designee;
(3) the Secretary of Transportation or designee;
(4) the Commissioner of Buildings and General Services or designee;
(5) the Commissioner of Labor or designee;
(6) the Commissioner of Financial Regulation or designee;
(7) the Secretary of Human Services or designee;
(8) the Commissioner of Taxes or designee; and
(9) the Commissioner of Liquor and Lottery or designee.
(c)(1) The Task Force shall meet at least quarterly.
(2) The Attorney General or designee shall be the Chair of the Task Force.
(d) The Task Force shall ensure that all State agencies coordinate their efforts to combat employee misclassification in a manner that increases the efficiency and effectiveness of those efforts.
(e)(1) The Attorney General shall report annually on or before January 15 of each year to the House Committees on Commerce and Economic Development and on Ways and Means and the Senate Committees on Economic Development, Housing and General Affairs and on Finance regarding activities undertaken pursuant to this section and any additional tax revenue and unemployment insurance contributions, as well as any reduction in workers’ compensation premiums and costs, realized as a result of the efforts undertaken pursuant to this section.
(2) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
(f) On or before December 15, 2021, the Task Force shall submit a written report to the House Committee on Commerce and Economic Development and the Senate Committee on Economic Development, Housing and General Affairs regarding ways to improve the effectiveness and efficiency of the system of joint enforcement by the Commissioner of Labor and the Attorney General of the laws related to employee misclassification that is established pursuant to 21 V.S.A. §§ 3, 346, 387, 712, and 1379. In particular, the report shall examine:
(1) potential legislative changes to address shortcomings or difficulties identified by the Task Force in relation to the system of joint enforcement;
(2) potential legislative changes to enable either the Commissioner of Labor or the Attorney General to seek the full, combined range of penalties and remedies that are currently available to them through joint enforcement;
(3) whether to expand the joint enforcement of the laws related to employee misclassification to include additional agencies or departments of the State and potential legislative changes to accomplish such an expansion;
(4) the possibility of creating a private right of action to enforce the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification; and
(5) the possibility of creating a private attorneys general act modeled on California law for the enforcement of the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification.
(Added 2019, No. 85 (Adj. Sess.), § 10, eff. Feb. 20, 2020; amended 2021, No. 51, § 16, eff. June 1, 2021; repealed by 2019, No. 85 (Adj. Sess.), § 11(a), eff. July 1, 2026.)
[Repealed]
(Added 2019, No. 85 (Adj. Sess.), § 10, eff. Feb. 20, 2020; amended 2021, No. 51, § 16, eff. June 1, 2021; repealed by 2019, No. 85 (Adj. Sess.), § 11(a), eff. July 1, 2026.)
(a) The Secretary, with the approval of the Governor, may appoint a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary prescribes. The Deputy Secretary shall be exempt from the classified service. The appointment shall be in writing and recorded in the Office of the Secretary of State.
(b) The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary’s absence. In case a vacancy occurs in the Office of the Secretary, the Deputy shall assume and discharge the duties of Office until the vacancy is filled.
(c) With the approval of the Governor, the Secretary may appoint a Commissioner within the Agency to act in the absence of the Secretary and Deputy. The appointment shall be filed with the Secretary of State.
(Added 1971, No. 92, § 4(e), (g), eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 13, eff. June 13, 1988.)
The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules.
(Added 1971, No. 92, § 4(f), eff. June 1, 1971.)
[Repealed]
2015, No. 41, § 1.
(a) Intent. The intent of this section is to provide for the construction of infrastructure sufficient to allow telecommunications service providers seeking to deploy communication lines in the future to do so by pulling the lines through the conduit and appurtenances installed pursuant to this section. This section is intended to require those constructing public highways, including State, municipal, and private developers, to provide and install such conduit and appurtenances as may be necessary to accommodate future telecommunications needs within public highways and rights-of-way without further excavation or disturbance.
(b) Study. On or before December 15, 2014, the Secretary of Administration, in consultation with the Commissioner of Public Service, the Secretary of Transportation, and the Vermont League of Cities and Towns, shall submit a report to the General Assembly on a “Dig Once Program” consistent with the intent of subsection (a) of this section. The study shall include findings and recommendations related to the installation of conduit and such vaults and other appurtenances as may be necessary to accommodate installation and connection of telecommunications lines within conduit during highway construction projects; construction standards with due consideration given to existing and anticipated technologies and industry standards; minimum diameter of the conduit and interducts to meet the requirements of this section; the party responsible for installation costs; the ownership and availability of the conduit; and any other matters the Secretary deems appropriate.
(Added 2013, No. 190 (Adj. Sess.), § 16, eff. June 16, 2014.)
(a) The Secretary, with the approval of the Governor and with the advice and consent of the Senate, may appoint a commissioner of each department, except the Department of Libraries, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. The term of the Commissioner shall be concurrent with that of the Secretary or Governor.
(b) The State Librarian shall be appointed as provided in 22 V.S.A. § 601.
(Added 1971, No. 92, § 5(a), eff. June 1, 1971; amended 1995, No. 148 (Adj. Sess.), § 7, eff. May 6, 1996.)
(a) The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.
(b) In addition to other duties imposed by law, the commissioner shall:
(1) administer the laws assigned to the department;
(2) coordinate and integrate the work of the divisions within the department;
(3) supervise and control all staff functions.
(Added 1971, No. 92, § 5(b), (c), eff. June 1, 1971.)
Each commissioner may, with the approval of the Secretary:
(1) Transfer classified positions within or between divisions subject only to State laws and regulations.
(2) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.
(3) Submit plans and reports, and in other respects comply with federal law and regulations that pertain to programs administered by the department.
(4) Adopt rules for the internal administration of the department and its programs.
(5) Appoint a deputy commissioner. All such appointments shall be in writing and recorded in the Office of the Secretary of State. In case a vacancy occurs in the office of a commissioner, or the commissioner is absent, his or her deputy shall assume and discharge the duties of office until the vacancy is filled, or the commissioner returns.
(6) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers.
(7) Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places.
(8) Organize, reorganize, transfer, or abolish divisions, staff functions, or sections within the department. This authority shall not extend to divisions or other bodies created by law.
(Added 1971, No. 92, § 5(d), eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 14, eff. June 13, 1988.)
A director shall administer each division within the agency.
(Added 1971, No. 92, § 6, eff. June 1, 1971; amended 1977, No. 105, § 1; 1977, No. 109, § 30, eff. July 3, 1977; 1983, No. 147 (Adj. Sess.), §§ 1, 5, eff. April 11, 1984; 1983, No. 170 (Adj. Sess.), §§ 1, 14(a), eff. April 19, 1984; 1985, No. 74, § 300; 1987, No. 243 (Adj. Sess.), § 14, eff. June 13, 1988.)
The Department of Finance and Management is created in the Agency of Administration and is charged with all powers and duties assigned to it by law, including the following:
(1) To administer the financial transactions of the State, including payroll transactions, in accordance with the law and within the limits of appropriations made by the General Assembly.
(2) To conduct management studies and audits of the performance of State government.
(3) To prepare the Executive budget.
(4) To report on an annual basis to the Joint Fiscal Committee at its November meetings on the allocation of funds contained in the annual pay acts and the allocation of funds in the annual appropriations act that relate to those annual pay acts. The report shall include the formula for computing these funds, the basis for the formula, and the distribution of the different funding sources among State agencies. The report shall also be submitted to the members of the House Committees on Appropriations and on Government Operations and Military Affairs and the Senate Committees on Appropriations and on Government Operations. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.
(5) [Repealed.]
(Added 1971, No. 92, § 7, eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 16, eff. June 13, 1988; 1999, No. 49, § 132; 2005, No. 66, § 12; 2007, No. 7, § 1; 2007, No. 65, § 404, eff. June 4, 2007; 2013, No. 142 (Adj. Sess.), § 12; 2015, No. 172 (Adj. Sess.), § E.106, eff. June 8, 2016.)
The Department of Taxes is created in the Agency of Administration to exercise all powers and perform all duties assigned to it by law, including the collection and administration of all taxes levied under the law and payable to the State that are not otherwise required by law to be collected by another department.
(Added 1971, No. 92, § 8, eff. June 1, 1971; amended 1983, No. 160 (Adj. Sess.), § 6; 1987, No. 243 (Adj. Sess.), § 17, eff. June 13, 1988.)
(a) The Department of Human Resources is created in the Agency of Administration. In addition to other responsibilities assigned to it by law, the Department is responsible for fulfilling the payroll functions and for the provision of centralized human resources management services for State government, including the administration of a classification and compensation system for State employees under chapter 13 of this title and the performance of duties assigned to the Commissioner of Human Resources under chapter 27 of this title. All agencies and departments of the State that receive services from the Department of Human Resources shall be charged for those services through an assessment payable to the Human Resources Internal Service Fund on a basis established by the Commissioner of Human Resources and with the approval of the Secretary of Administration.
(b) The Department of Human Resources shall maintain a central payroll office, which shall be the successor to and continuation of the payroll functions of the Department of Finance and Management.
(c)(1) There is established in the Department of Human Resources a Human Resource Services Internal Service Fund to consist of revenues from charges to agencies, departments, and similar units of Vermont State government and to be available to fund the costs of the consolidated human resource services in the Department of Human Resources.
(2) The rate of the charges shall be proposed by the Commissioner of Human Resources, subject to the approval of the Secretary of Administration. Proposed rates of charges shall be based upon the cost of operations associated with human resource services provided to agencies, departments, and similar units of Vermont State government.
(Added 1971, No. 92, § 9, eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 18, eff. June 13, 1988; 1995, No. 123 (Adj. Sess.), § 3, eff. June 6, 1996; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7, § 2; 2009, No. 1 (Sp. Sess.), § E.100.1; 2011, No. 63, § E.104; 2015, No. 172 (Adj. Sess.), § E.108, eff. June 8, 2016.)
The Department of Buildings and General Services is created in the Agency of Administration as the successor to and continuation of the Department of Buildings and the Department of General Services. In addition to all other responsibilities assigned to it by law, the Department is responsible for all matters relating to the development, design, construction, management, and disposal of State-owned and -leased buildings under its jurisdiction and for the provision of support services to State government.
(Added 1995, No. 148 (Adj. Sess.), § 2, eff. May 6, 1996; amended 2009, No. 91 (Adj. Sess.), § 5, eff. May 6, 2010; 2011, No. 3, § 81, eff. Feb. 17, 2011.)
[Repealed]
2019, No. 49, § 4, eff. June 10, 2019.
[Repealed]
1995, No. 148 (Adj. Sess.), § 6, eff. May 6, 1996.
[Repealed]
1987, No. 243 (Adj. Sess.), § 20, eff. June 13, 1988.
[Repealed]
1985, No. 74, § 307(a).
[Repealed]
1995, No. 148 (Adj. Sess.), § 6, eff. May 6, 1996.
(a) There is created within the Department of Taxes of the Agency of Administration, a Division of Property Valuation and Review.
(b) In addition to other responsibilities assigned to it by law, the Division shall assist in the administration of property taxation and provide property taxation information to State officials and employees.
(c) The Director of the Division shall be an exempt employee and shall be appointed by the Commissioner of Taxes, with the concurrence of the Secretary of Administration.
(Added 1985, No. 74, § 301; amended 1987, No. 243 (Adj. Sess.), § 22, eff. June 13, 1988.)
The members of boards and commissions in the Agency of Administration, except those members serving ex officio or otherwise receiving compensation for service to the State in other capacities for the time spent in serving on the board or committee, shall be compensated as provided in 32 V.S.A. § 1010.
(Added 1987, No. 243 (Adj. Sess.), § 23, eff. June 13, 1988.)
(a)(1) When used in this title, “life-cycle costs” shall mean the present value purchase price of an item, plus the replacement cost, plus or minus the salvage value, plus the present value of operation and maintenance costs, plus the energy and environmental externalities’ costs or benefits. Where reliable data enables the Department of Buildings and General Services to establish these additional environmental externalities’ costs or benefits with respect to a particular purchasing decision or category of purchasing decisions, that is energy related, the Department may recommend the addition or subtraction of an additional price factor. All State agencies shall consider the price factor and environmental considerations set by the Department when examining life-cycle costs for purchasing decisions.
(2) “State facilities,” when used in this chapter, shall mean all State-owned or leased buildings, structures, appurtenances, and grounds.
(3) “State fleet,” as used in this chapter, shall mean passenger vehicles and light duty trucks for use by State employees in the conduct of official duties, excluding law enforcement vehicles assigned to sworn law enforcement officers, and shall be procured by the Commissioner of Buildings and General Services.
(b) It is the general policy of the State of Vermont:
(1) To ensure, to the greatest extent practicable, that State government can meet its energy needs and reduce greenhouse gas emissions in a manner that is adequate, reliable, secure, and sustainable; that ensures affordability and encourages the State’s economic vitality, the efficient use of energy resources, and cost-effective demand side management; and that is environmentally sound.
(2) To identify and evaluate, on an ongoing basis, resources that will meet State government energy service, infrastructure, purchasing and supply, and fleet needs in accordance with the principles of least cost integrated planning; including efficiency, conservation and load management alternatives, purchasing preferences, wise use of renewable resources and environmentally sound infrastructure development, energy supply, purchasing practices, and fleet management.
(c) The Secretary of Administration with the cooperation of the Commissioners of Public Service and of Buildings and General Services shall develop and oversee the implementation of a State Agency Energy Plan for State government. The Plan shall be adopted by June 30, 2005, modified as necessary, and readopted by the Secretary on or before January 15, 2010 and each sixth year subsequent to 2010. The Plan shall be consistent with the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b. The Plan shall accomplish the following objectives and requirements:
(1) To conserve resources, save energy, and reduce pollution. The Plan shall devise strategies to identify to the greatest extent feasible all opportunities for conservation of resources through environmentally and economically sound infrastructure development, purchasing, and fleet management, and investments in renewable energy and energy efficiency available to the State that are cost effective on a life-cycle cost basis.
(2) To consider State policies and operations that affect energy use.
(3) To devise a strategy to implement or acquire all prudent opportunities and investments in as prompt and efficient a manner as possible.
(4) To include appropriate provisions for monitoring resource and energy use and evaluating the impact of measures undertaken.
(5) To identify education, management, and other relevant policy changes that are a part of the implementation strategy.
(6) To devise a strategy to reduce greenhouse gas emissions. The Plan shall include steps to encourage more efficient trip planning, to reduce the average fuel consumption of the State fleet, to encourage alternatives to solo-commuting State employees for commuting and job-related travel, and to incorporate conventional hybrid, plug-in hybrid, and battery electric vehicles into the State fleet if cost-effective on a life-cycle basis.
(7) To provide, where feasible, for the installation of renewable energy systems including solar energy systems, which shall include equipment or building design features, or both, designed to attain the optimal mix of minimizing solar gain in the summer and maximizing solar gain during the winter, as part of the new construction or major renovation of any State building. The cost of implementation and installation will be identified as part of the budget process presented to the General Assembly.
(d) The Department of Buildings and General Services shall coordinate State purchasing decisions, according to procedures developed by the Commissioner in cooperation with the Commissioner of Public Service, to ensure comparisons based on relative life-cycle costs.
(e) The Commissioner of Buildings and General Services shall develop life-cycle cost guidelines for use in all State buildings. These guidelines shall require all new construction and major renovations to meet or exceed the current “Vermont Commercial Building Energy Standards.” Where practicable, the goal shall be attaining an EPA ENERGY STAR® rating of at least 75.
(1) The Department of Buildings and General Services shall develop a State strategy to reduce overall energy consumption in existing and proposed State buildings based on energy consumption levels specified in the energy conservation standard referred to in this subsection. The Plan shall identify, in buildings at variance with the energy standards referred to in this subsection, the cost to bring the building into compliance, and energy cost savings for the remaining useful life of the building.
(2) Each State agency and department, designated by the Secretary of Administration, that constructs or manages State buildings shall, by June 30, 2005, ensure that new construction or major renovation of such structures incorporates those practical energy efficiency measures and energy consuming systems that result in the lowest life-cycle cost. New construction of State buildings shall be highly efficient and shall employ optimal siting and design, given the uses to which the buildings are to be put, with respect to solar gain and temperature control. State buildings shall be shaded and ventilated and their air circulation managed, to the extent practical, instead of being cooled by air conditioning.
(3) In capital requests to the General Assembly, the Commissioner of Buildings and General Services shall include, when appropriate, work plans, budgets, and proposed financing mechanisms to accomplish these reductions in energy use.
(f) The Commissioner of Buildings and General Services shall biennially report to the Secretary of Administration on the State’s implementation of this section.
(Added 1991, No. 259 (Adj. Sess.), § 3; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1995, No. 178 (Adj. Sess.), § 299; 2003, No. 121 (Adj. Sess.), § 38, eff. June 8, 2004; 2007, No. 209 (Adj. Sess.), § 1a; 2009, No. 43, § 44, eff. May 27, 2009; 2009, No. 161 (Adj. Sess.), § 28, eff. June 4, 2010; 2013, No. 89, § 29a; 2017, No. 139 (Adj. Sess.), § 12.)
State agencies shall engage in a continuing planning process to ensure that programs and actions are consistent with the goals established in the State Agency Energy Plan required by section 2291 of this title. This planning process shall be coordinated in a manner established by the Commissioner of Buildings and General Services.
(Added 2003, No. 121 (Adj. Sess.), § 39, eff. June 8, 2004; amended 2025, No. 18, § 17, eff. May 13, 2025.)
After review by the Commissioner of Buildings and General Services and approval by the Secretary of Administration, each State agency shall adopt an implementation plan on or before August 31, 2010 to ensure compliance with the State Agency Energy Plan. Each agency shall readopt and file its implementation plan biennially with the Commissioner to ensure that the implementation plan remains compatible with the State Agency Energy Plan.
(Added 2003, No. 121 (Adj. Sess.), § 40, eff. June 8, 2004; amended 2005, No. 43, § 44, eff. June 7, 2005; 2009, No. 43, § 45, eff. May 27, 2009.)
The Department of Libraries is created in the Agency of Administration as the successor to and continuation of the State Department of Libraries. In addition to other duties assigned to it by law, the Department shall administer the programs and perform the functions assigned to it in 22 V.S.A. chapter 13 and 29 V.S.A. chapter 53.
(Added 1995, No. 148 (Adj. Sess.), § 8, eff. May 6, 1996.)
[Repealed]
2019, No. 61, § 9.
[Repealed]
2009, No. 135 (Adj. Sess.), § 26(2)(B).
(a) There is created the permanent, exempt position of Chief Performance Officer within the Agency of Administration for the purpose of better developing a culture of performance accountability and continuous improvement across State government. The Chief Performance Officer shall:
(1) provide advice, recommendations, and consultation to the Executive and Legislative branches of State government about performance improvement and management;
(2) lead the creation and implementation of a performance improvement and management strategy for State government to ensure effective and efficient government operations;
(3) assist agencies and departments as necessary in developing, monitoring, managing, and improving performance measures as well as developing strategies that maximize results and return on investment;
(4) develop and offer trainings, professional development opportunities, and resources for agencies and departments regarding performance improvement and management; and
(5) provide consultation on the design and implementation of systems that use data and metrics to measure and report performance.
(Added 2023, No. 113 (Adj. Sess.), § E.100.1, eff. July 1, 2024.)
(a) Report.
(1) Annually, on or before September 30, the Chief Performance Officer within the Agency of Administration shall submit to the General Assembly a State Outcomes Report demonstrating the State’s progress in reaching the population-level outcomes for each area of Vermont’s quality of life set forth in subsection (b) of this section by providing data for the population-level indicators that are approved pursuant to the process set forth in subsection (c) of this section.
(2) Vermont’s population-level quality of life outcomes are intended to reflect the well-being of all Vermonters, and indicators reported to measure the extent to which outcomes are achieved are intended to represent the experience of all Vermonters, including and especially Vermonters who are members of marginalized groups.
(b) Vermont population-level quality of life outcomes.
(1) Vermont has a prosperous economy.
(2) Vermonters are healthy.
(3) Vermont’s environment is clean and sustainable.
(4) Vermont is a safe place to live.
(5) Vermont’s families are safe, nurturing, stable, and supported.
(6) Vermont’s children and young people achieve their potential.
(7) Vermont’s elders live with dignity and in settings they prefer.
(8) Vermonters with disabilities live with dignity and in settings they prefer.
(9) Vermont has open, effective, and inclusive government.
(10) Vermont’s State infrastructure meets the needs of Vermonters, the economy, and the environment.
(c) Approving population-level indicators.
(1) Annually, on or before March 1, a standing committee of the General Assembly having jurisdiction over a population-level quality of life outcome set forth in subsection (b) of this section or the Chief Performance Officer may submit to the Government Accountability Committee a request that any population-level indicator related to that outcome be revised.
(2) If that request is approved by the Government Accountability Committee, the Chief Performance Officer shall revise and report on the population-level indicator in accordance with that approval and this section.
(d) The report set forth in this section shall not be subject to the limitation on the duration of agency reports set forth in 2 V.S.A. § 20(d).
(Added 2013, No. 186 (Adj. Sess.), § 2, eff. June 11, 2014; amended 2015, No. 124 (Adj. Sess.), § 2, eff. May 23, 2016; 2017, No. 6, § 2, eff. March 29, 2017; 2019, No. 166 (Adj. Sess.), § 18, eff. Oct. 1, 2020.)
(a) The Chief Performance Officer shall designate an employee in each agency of State government to be a performance accountability liaison to the General Assembly. A liaison designated under this section shall be responsible for reviewing with the General Assembly any of the population-level outcomes and indicators set forth in section 2311 of this subchapter to which that agency contributes and for responding to any other requests for results-based accountability information requested by the General Assembly.
(b) The performance accountability liaisons shall report to the Chief Performance Officer on any action taken under subsection (a) of this section.
(c) Annually, on or before July 30 and as part of any other report requirement to the General Assembly set forth in this subchapter, the Chief Performance Officer shall report to the House Committees on Appropriations and on Government Operations and Military Affairs and the Senate Committee on Government Operations on his or her analysis of the actions taken by the performance accountability liaisons under this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
(Added 2013, No. 186 (Adj. Sess.), § 2, eff. June 11, 2014; amended 2017, No. 154 (Adj. Sess.), § 18, eff. May 21, 2018.)
(a) The Chief Performance Officer shall assist agencies as necessary in developing performance measures for contracts and grants.
(b) Annually, on or before July 30 and as part of any other report requirement to the General Assembly set forth in this subchapter, the Chief Performance Officer shall report to the General Assembly on the progress by rate or percent of how many State contracts and grants have performance accountability requirements and the rate or percent of contractors’ and grantees’ compliance with those requirements.
(Added 2013, No. 186 (Adj. Sess.), § 2, eff. June 11, 2014.)
(a) There is created the permanent position of Chief Prevention Officer within the Office of the Secretary in the Agency of Administration for the purpose of coordinating, across State government and in collaboration with community partners, policies, programs, and budgets to support and improve the well-being of all Vermonters through prevention efforts. The Chief Prevention Officer shall:
(1) identify and coordinate initiatives across State government and among community stakeholder groups that improve well-being;
(2) examine promising prevention practices in other jurisdictions that may be replicated in Vermont; and
(3) improve the well-being of all Vermonters by considering population prevention measures in relation to all policy determinations.
(b) The Chief Prevention Officer shall have a master’s-level degree or bachelor’s-level degree in a human services field, public health, or public administration and professional-level experience in prevention, substance use disorders, public health, or a closely related field.
(Added 2019, No. 82, § 2.)
(a) The Department of Agriculture, Food and Markets is hereby elevated to an agency. The Commissioner of Agriculture, Food and Markets is hereby elevated to a Secretary who shall be a member of the Governor’s cabinet.
(b) The Secretary of Agriculture, Food and Markets shall prepare and submit to the House Committees on Agriculture, Food Resiliency and Forestry and on Government Operations and Military Affairs and to the Senate Committees on Agriculture and Government Operations by January 15, 2004 for their review a report on the Agency’s progress in developing a plan for the reorganization of the Agency of Agriculture, Food and Markets. Notice of the submission of the report shall be provided to all members of the General Assembly. The plan shall articulate the goals, objectives, functions, and structure proposed for the Agency. The Secretary may propose an appropriate Agency name.
(Added 2003, No. 42, § 1, eff. May 27, 2003.)
In this chapter, the following words mean:
(1) Agency: The Agency of Commerce and Community Development.
(2) Department: A major component of the Agency.
(3) Director: The head of a division of the Agency.
(4) Division: A major component of a department engaged in furnishing services to the public or to units of government at levels other than the State level.
(5) Commissioner: The head of a department responsible to the Secretary for the administration of the department.
(6) Secretary: The head of the Agency, a member of the Governor’s cabinet and responsible to the Governor for the administration of the Agency.
(1969, No. 271 (Adj. Sess.), § 1, eff. Jan. 10, 1971; amended 1995, No. 190 (Adj. Sess.), § 1(a).)
(a) An Agency of Commerce and Community Development is created consisting of the following:
(1) The Department of Economic Development.
(2) The Department of Housing and Community Development.
(3) The Division for Historic Preservation.
(4) [Repealed.]
(5) The Department of Tourism and Marketing.
(6) The Vermont Center for Geographic Information.
(b) The Agency shall contain an Administrative Support Division.
(c), (d) [Repealed.]
(e) Units attached to the Agency for administrative support shall receive, and shall use, the services provided by the Administrative Services Division of the Agency under section 2474 of this title.
(Added 1969, No. 271 (Adj. Sess.), § 2, eff. Jan. 10, 1971; amended 1973, No. 267 (Adj. Sess.), § 8; 1975, No. 109, § 1; 1991, No. 145 (Adj. Sess.), § 1; 1995, No. 46, § 24; 1995, No. 190 (Adj. Sess.), §§ 1(a), 1(c); 2013, No. 179 (Adj. Sess.), § E.800.3; 2023, No. 3, § 60, eff. March 20, 2023.)
All boards and commissions that under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards and commissions, including administrative, policy making, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency. Boards of registration attached to this Agency shall retain and exercise all existing authority with respect to licensing of the persons registered or applying for registration.
(Added 1969, No. 271 (Adj. Sess.), § 3, eff. Jan. 10, 1971.)
The Secretary, Deputy Secretary, Commissioner, Deputy Commissioner, attorneys, and all members of boards, committees, commissions, or councils attached to the Department for support are exempt from the classified state service. Except as authorized by section 311 of this title or otherwise by laws, all other positions shall be within the classified service.
(Added 1969, No. 271 (Adj. Sess.), § 6(b), eff. Jan. 10, 1971; amended 1993, No. 227 (Adj. Sess.), § 11.)
(a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.
(b) [Repealed.]
(Added 1969, No. 271 (Adj. Sess.), § 4(a), (c), eff. Jan. 10, 1971; amended 1971, No. 191 (Adj. Sess.), § 16.)
The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency.
(Added 1969, No. 271 (Adj. Sess.), § 4(b), eff. Jan. 10, 1971; amended 2009, No. 33, § 7.)
(a) The Secretary, with the approval of the Governor, may appoint a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary prescribes. The Deputy Secretary shall be exempt from the classified service. The appointment shall be in writing and recorded in the Office of the Secretary of State.
(b) The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary’s absence. In case a vacancy occurs in the Office of the Secretary the Deputy shall assume and discharge the duties of the office until the vacancy is filled.
(Added 1969, No. 271 (Adj. Sess.), § 4(d), eff. Jan. 10, 1971; amended 1989, No. 67, § 20.)
The Secretary, with the approval of the Governor, may create such advisory councils or committees as he or she deems necessary within the Agency, and appoint members thereto for terms not exceeding his or hers.
(Added 1969, No. 271 (Adj. Sess.), § 4(g), eff. Jan. 10, 1971.)
(a) The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules.
(b) The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriation was made.
(Added 1969, No. 271 (Adj. Sess.), § 4(e), (f), eff. Jan. 10, 1971.)
The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary.
(Added 1969, No. 271 (Adj. Sess.), § 5(a), eff. Jan. 10, 1971.)
(a) The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.
(b) In addition to other duties imposed by law, the commissioner shall:
(1) administer the laws assigned to the department;
(2) coordinate and integrate the work of the divisions; and
(3) supervise and control all staff functions.
(Added 1969, No. 271 (Adj. Sess.), § 5(b), (c), eff. Jan. 10, 1971.)
The commissioner may, with the approval of the Secretary:
(1) Transfer appropriations or parts thereof within or between divisions and branches, consistent with the purposes for which the appropriation was made.
(2) Transfer classified positions within or between divisions subject only to State personnel laws and rules.
(3) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.
(4) Submit plans and reports, and in other respects comply with federal law and regulations that pertain to programs administered by the department.
(5) Adopt rules consistent with law for the internal administration of the department and its programs.
(6) Appoint a deputy commissioner.
(7) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers.
(8) Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places.
(9) Organize, reorganize, transfer, or abolish divisions, staff function sections within the department. This authority shall not extend to divisions or other bodies created by law.
(Added 1969, No. 271 (Adj. Sess.), § 5(d), eff. Jan. 10, 1971; amended 2025, No. 18, § 18, eff. May 13, 2025.)
(a) A director shall administer each division created within the department. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions that are part of a department, and the Secretary shall appoint any other directors. All directors shall be appointed subject to section 12 of this act.
(b) Each division and its officers shall be under the direction and control of the appointing authority, except with regard to judicial or quasi-judicial acts or duties vested in them by law.
(c) No rule or regulation may be issued by a director of a division without the approval of the appointing authority.
(Added 1969, No. 271 (Adj. Sess.), § 6(a), (c), (d), eff. Jan. 10, 1971.)
The Department of Economic Development is created within the Agency of Commerce and Community Development as the successor to and the continuation of the Department of Development.
(Added 1969, No. 271 (Adj. Sess.), § 7, eff. Jan. 10, 1971; amended 1991, No. 145 (Adj. Sess.), § 2; 1995, No. 190 (Adj. Sess.), § 1(a).)
(a) The Department of Economic Development shall develop and maintain a Vermont Business Registry. The Registry shall develop a comprehensive database of information on Vermont businesses, including information on industrial classification, size (including employment size and annual revenues), ownership characteristics (including type of business entity, gender, race, nationality, incidence of low- and moderate-income ownership, and percent of the ownership with such characteristics), location, and export data. In developing the Registry, the Department shall affirmatively conduct outreach and request, but not require, information from all Vermont businesses.
(b) The Department shall design the Registry so that it is easily accessible to persons seeking information about Vermont businesses and to instrumentalities involved in Vermont’s economic development efforts, including the Vermont Economic Development Authority, Job Start, Vermont’s financial institutions, the regional development corporations, and the small business development centers. Such instrumentalities may use the Registry to ensure that they are providing a fair share of technical and financial assistance to the Vermont businesses that comprise their target market. Such instrumentalities may use the Registry’s demographic information to evaluate the appropriate types and distribution of public and private economic development services to Vermont businesses.
(Added 1993, No. 89, § 19.)
(a) The Department of Economic Development shall create and administer a Government Marketing Assistance Center. The purpose of this Center shall be to provide information on federal, State, and municipal government contract opportunities and assistance on how to bid competitively for government contracts and to develop and maintain a database of federal, State, and municipal contracts.
(b) The Department of Economic Development may charge an annual fee of up to $50.00 from each person who accesses the Government Marketing Assistance Center database of federal, State, and local contracts.
(c) Fees collected under this section shall be credited to a special fund and shall be available to the Department of Economic Development for the purposes of maintaining databases that provide information to Vermont businesses and providing services associated with those databases.
(Added 2003, No. 70 (Adj. Sess.), § 27, eff. March 1, 2004.)
[Repealed]
2015, No. 58, § E.802, effective June 11, 2015.
[Repealed]
2019, No. 61, § 11.
(a) The Department of Housing and Community Development is created within the Agency of Commerce and Community Development. The Department shall:
(1) Be the central State agency to coordinate, consolidate, and operate, to the extent possible, all housing programs enacted hereafter by the General Assembly or created by executive order of the Governor.
(2) Be the central State agency for local and regional planning and coordination.
(3) Administer the Community Development Block Grant Program pursuant to 10 V.S.A. chapter 29. When awarding municipal planning grants prior to fiscal year 2012, the Department shall give priority to grants for downtowns, new town centers, growth centers, and Vermont neighborhoods.
(4) In partnership with the Division for Historic Preservation, direct, supervise, and administer the Vermont Downtown Program, and any other program designed to preserve the continued economic vitality of the State’s traditional commercial districts.
(5) In conjunction with the Vermont Housing Finance Agency, annually publish data and information to enable the public to determine income levels and costs for owner-occupied and rental housing to qualify as affordable housing, as defined in 24 V.S.A. § 4303 and 10 V.S.A. § 6001(29), including:
(A) the median income for each Vermont county, as defined by the U.S. Department of Housing and Urban Development;
(B) the standard metropolitan statistical area median income for each municipality located in such an area, as defined by the U.S. Department of Housing and Urban Development; and
(C) the statewide median income, as defined by the U.S. Department of Housing and Urban Development.
(b) Neither the Vermont State Housing Authority or the Vermont Housing Finance Agency shall be considered part of the Department but shall keep the Department advised of programs and activities being conducted.
(Added 1969, No. 271 (Adj. Sess.), § 8, eff. Jan. 10, 1971; amended 1991, No. 145 (Adj. Sess.), § 3; 1995, No. 46, § 25; 1995, No. 190 (Adj. Sess.), § 1(a); 2007, No. 176 (Adj. Sess.), § 22a, eff. May 28, 2008; 2015, No. 51, § D.2; 2017, No. 69, § H.7, eff. June 28, 2017.)
A program for the erection of historic site markers is created within the Agency of Commerce and Community Development and shall be administered by the State Historic Preservation Officer. The Preservation Officer shall oversee the erection, restoration, and maintenance of historic site markers. In performing these duties, the Preservation Officer shall consult with the Vermont Historical Society, the University of Vermont Historic Preservation Program, the Preservation Trust of Vermont, and other similar entities.
(Added 1995, No. 185 (Adj. Sess.), § 4a, eff. May 22, 1996; amended 2009, No. 33, § 8.)
The Division for Historic Preservation is created within the Department of Housing and Community Development as the successor to and the continuation of the Board of Historic Sites and the Division of Historic Sites.
(Added 1969, No. 271 (Adj. Sess.), § 9, eff. Jan. 10, 1971; amended 1975, No. 109, § 2; 1995, No. 190 (Adj. Sess.), § 3; 2015, No. 51, § D.2; 2017, No. 113 (Adj. Sess.), § 4.)
(a) The Administrative Services Division of the Agency is created. It shall be administered by a Director of Administrative Services who shall be in the classified service.
(b) The Administrative Services Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:
(1) personnel administration;
(2) finance and accounting;
(3) coordination of filing and records maintenance activities;
(4) provision of facilities, office space, and equipment and the care thereof;
(5) requisitioning from the Department of Buildings and General Services of the Agency of Administration, of supplies, equipment, and other requirements;
(6) management improvement services; and
(7) other administrative service functions as may be assigned to it by the Secretary.
(c) Other provisions of law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Administrative Services Division.
(Added 1969, No. 271 (Adj. Sess.), § 10, eff. Jan. 10, 1971; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)
The Vermont Center for Geographic Information is created as a division within the Agency of Commerce and Community Development and shall be administered and have the duties as set forth in 10 V.S.A. chapter 8 (geographic information).
(Added 2013, No. 179 (Adj. Sess.), § E.800.4.)
(a) Creation. The Department of Tourism and Marketing is created within the Agency of Commerce and Community Development. The Department shall be administered by a Commissioner.
(b) Tourism marketing. The Department shall be responsible for the promotion of Vermont’s travel, recreation, and cultural attractions through advertising and other informational programs, and for provision of travel and recreation information and services to visitors to the State, in coordination with other agencies of State government, chambers of commerce and travel associations, and the private sector in order to increase the benefits of tourism marketing, including:
(1) enhancing Vermont’s image as a tourist destination in the regional, national, and global marketplace;
(2) increasing occupancy rates;
(3) increasing visitor spending throughout the State; and
(4) increasing State revenues generated through the rooms and meals tax.
(c) Economic development marketing. The Department shall be responsible for the promotion of Vermont as great place to live, work, and do business in order to increase the benefits of economic development marketing, including:
(1) attracting additional private investment in Vermont businesses;
(2) recruiting new businesses;
(3) attracting more innovators and entrepreneurs to locate in Vermont;
(4) attracting, recruiting, and growing the workforce to fill existing vacancies in growing businesses; and
(5) promoting and supporting Vermont businesses, goods, and services.
(d) On and after July 1, 1997, all departments engaging in marketing activities shall submit to and coordinate marketing plans with the Commissioner.
(e) The Department may conduct direct marketing activities pursuant to this chapter or 10 V.S.A. chapter 27 and shall work to increase marketing activities conducted in partnership with one or more private sector partners to maximize State marketing resources and to enable Vermont businesses to align their own brand identities with the Vermont brand, enhancing the reputations of both the business and the State.
(f) Building on established, successful collaboration with private partners in travel and tourism, agriculture, and other industry sectors, the Department shall have the authority to extend its marketing and promotional resources to include partners in the arts and humanities, as well as other partners that depend on tourism for a significant part of their annual revenue.
(g) The Department shall expand its outreach and information-gathering procedures to allow Vermont businesses and other interested stakeholders to comment on the design and implementation of its tourism marketing and economic development marketing initiatives and also to provide ongoing feedback to the Department on the effectiveness of its initiatives.
(Added 1987, No. 83, § 4; amended 1991, No. 145 (Adj. Sess.), § 5; 1995, No. 186 (Adj. Sess.), § 24, eff. May 22, 1996; 1995, No. 190 (Adj. Sess.), § 5; 1999, No. 152 (Adj. Sess.), § 215b, eff. May 29, 2000; 2007, No. 153 (Adj. Sess.), § 23; 2009, No. 33, § 83; 2009, No. 146 (Adj. Sess.), § G22, eff. June 1, 2010; 2015, No. 51, § D.2.)
(a)(1) The Department of Housing and Community Development shall create the Rental Housing Advisory Board consisting of 11 members, each of whom shall be a resident of Vermont and shall be appointed by the Commissioner of the Department, as follows:
(A) three members representing landlords, one of whom is a for-profit landlord and one of whom represents a nonprofit housing provider;
(B) three members representing tenants;
(C) three members representing municipalities; and
(D) two members of the public.
(2) A member shall serve a term of three years.
(3) The Board shall annually elect a chair from among its members.
(4) A majority of the Board shall constitute a quorum for transacting business.
(5) The Board shall take action by a majority vote of the members present and voting.
(b) The Board shall be staffed by the Department, which, along with the Departments of Health and of Public Safety, shall provide support to the Board as required.
(c) The Board shall have the following powers and duties:
(1) to act as an advisory group to the Governor, General Assembly, and appropriate State agencies on issues related to rental housing statutes, policies, and rules;
(2) to report regularly to the Vermont Housing Council on its deliberations and recommendations;
(3) to work with appropriate State agencies on developing adequate data on the location and condition of Vermont’s rental housing stock;
(4) to provide guidance to the State on the implementation of programs, policies, and rules better to support decent, safe, and sanitary housing, including recommendations for incentives and programs to assist landlords with building repairs;
(5) to provide information to community partners, municipalities, landlords, and tenants, including educational materials on applicable rental housing statutes, rules, and ordinances; and
(6) in preparation for a natural disaster, to collect information regarding available resources, disaster-related information, and community needs, and, in the event of a natural disaster, work with government authorities in charge of disaster response and communication.
(Added 2017, No. 188 (Adj. Sess.), § 1, eff. May 28, 2018; amended 2025, No. 18, § 18, eff. May 13, 2025.)
As used in this subchapter, “Program” means the Market Vermont Program created by this subchapter.
(Added 1991, No. 182 (Adj. Sess.), § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2003, No. 42, § 2, eff. May 27, 2003.)
The Market Vermont Program is hereby created. It shall be directed jointly by the Secretary of Agriculture, Food and Markets and by the Secretary of Commerce and Community Development. Notwithstanding chapters 13 and 14 of this title or any other contrary provision of law, the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall have the authority to enter into one or more written contracts with persons or entities for the administration of the Program. Any such contract shall provide for the sufficient oversight, review, and control by the Secretary of Agriculture, Food and Markets and by the Secretary of Commerce and Community Development, or their designees, to ensure that the Program purposes are achieved. Where they deem it appropriate, the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development may enter into a memorandum of understanding concerning the operation of the Program or concerning the contracting with persons or entities for the administration of the Program. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development issue rules to carry out the purposes of this subchapter.
(Added 1991, No. 182 (Adj. Sess.), § 1; 2001, No. 63, § 224a.)
[Repealed]
2009, No. 135 (Adj. Sess.), § 26(2)(C).
(a) The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall develop categories and standards designed to identify those Vermont goods, services, and experiences that best portray and promote Vermont’s reputation for high standards of quality.
(b) The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall develop an identification label or labels that may be used to identify Vermont goods, services, and experiences as quality Vermont products. Any logo developed pursuant to this section shall be filed with the Secretary of State who shall register the logo as a trademark pursuant to 9 V.S.A. chapter 71, subchapter 1. The logo shall remain a registered trademark of the program until it is withdrawn by the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development.
(c) Persons wishing to apply for the identification logo shall be provided with application forms by the Secretary of Agriculture, Food and Markets or the Secretary of Commerce and Community Development. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall establish a process for reviewing the applications to determine if the applicant meets the standards established for that particular category of goods, services, or experiences. No person participating in the process may be held liable for any decision or recommendation made about the granting or denial of the use of the market Vermont logo. In the event that an application is rejected, the applicant may request that the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development reconsider. If the application is again denied, the decision shall be final, unless the applicant can demonstrate that the goods, service, or experience has been altered in order to bring it in line with the standards established for that product.
(d) The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development may require periodic reapplication for the use of the market Vermont logo and may revoke the right of any person to use the market Vermont logo any time they determine a product does not meet the standards established for that type of goods, service, or experience. There shall be no right to a hearing on such a decision, unless such a right is established by rule.
(e) [Repealed.]
(f) The Secretary of Commerce and Community Development may require an annual fee not to exceed $150.00 per product line enrolled in the program, which shall be based upon the actual costs to the agencies, to be paid by persons participating in the program, and to be applied toward administration and promotion of the program.
(Added 1991, No. 182 (Adj. Sess.), § 1; amended 1997, No. 59, § 30, eff. June 30, 1997; 2003, No. 70 (Adj. Sess.), § 28, eff. March 1, 2004; 2009, No. 135 (Adj. Sess.), § 1; 2013, No. 72, § 15; 2013, No. 191 (Adj. Sess.), § 4.)
(a) The Market Vermont Fund is hereby established. The Fund shall comprise fees collected under section 2504 of this title and any monies appropriated by the General Assembly. The Fund shall be used for the administration and advertising of the Market Vermont Program established by this chapter.
(b) The special fund created by subsection (a) of this section shall be organized and managed pursuant to 32 V.S.A. chapter 7, subchapter 5.
(Added 1991, No. 182 (Adj. Sess.), § 1; amended 1997, No. 59, § 31, eff. June 30, 1997.)
Any person who uses the Market Vermont logo without authority, after it has been filed with the Secretary of State in accordance with section 2504 of this title, shall be deemed to have committed an unfair or deceptive act or practice within the meaning of 9 V.S.A. § 2453 and shall be subject to the penalties and injunctive authority provided in 9 V.S.A. chapter 63.
(Added 1991, No. 182 (Adj. Sess.), § 1.)
The General Assembly finds that a number of programs and tax credits have been established that encourage the development of businesses and jobs in the State of Vermont. The General Assembly also finds that some beneficiaries leave this State before the State derives any benefit from the assistance. Therefore, it is the public policy of the State of Vermont to recapture any benefits that it has granted to any business if, within a qualified period after the benefit was bestowed, that business decides to leave the State or to otherwise curtail its activity to a point lower than represented when the benefit was granted.
(Added 1993, No. 221 (Adj. Sess.), § 10.)
As used in this subchapter:
(1) “Benefit” means any abatement, loan, or grant awarded to the business as enumerated in subdivision (2) of this section.
(2) “Business” means any individual, partnership, corporation, or other entity that has been granted a tax abatement pursuant to the provisions of Title 24, or has been granted a loan or a grant by any board, commission, or program established under the provisions of Title 10 or 24, or under the provisions of this title.
(3) “Commissioner” means the Commissioner of Taxes.
(4) “Qualified period” means a period of five years after the initial grant of a benefit or a time period set forth in any agreement executed by the State subsequent to the effective date of this subchapter.
(Added 1993, No. 221 (Adj. Sess.), § 10.)
(a) A business shall notify the agency or department that granted the benefit in writing within 60 days after the business closes or substantially curtails the operation of the trade or business within the qualified period.
(b) A business shall be considered to be substantially curtailed when the average number of full-time equivalent employees in any one calendar year is less than 50 percent of the highest average number of full-time equivalent employees in any prior year in the qualified period.
(c) A business shall not be considered to be substantially curtailed or closed when that business has relocated to another location within the State of Vermont or been sold but is still located within the State, provided that the employment test of subsection (b) of this section is met.
(Added 1993, No. 221 (Adj. Sess.), § 10.)
(a) The agency or department shall notify the Commissioner of the amount of the benefit conferred to the business over the qualified period.
(b) The Commissioner shall:
(1) assess such amount of benefit conferred against the business or the successors in interest to that business; and
(2) notify the business or successor in interest of the assessment by certified mail within 30 days of receiving notice pursuant to subsection (a) of this section.
(c) The agency or department that granted the benefit shall:
(1) Provide a hearing within 30 days, if one is requested by the business within 15 days of assessment by the Commissioner. An aggrieved business may within 30 days appeal a determination by the agency or department to the Washington Superior Court or the Superior Court of the county of the place of business.
(2) Have the discretion to reduce the amount of the benefit that it requests the Commissioner to assess, upon showing of good cause.
(d)(1) A business shall pay an assessment within 90 days of the date of assessment or 30 days after the final decision of the agency, department, or court as a result of a hearing pursuant to this subchapter.
(2) Assessments under this subsection shall bear interest from the date of assessment at the rate determined under 32 V.S.A. § 3108.
(Added 1993, No. 221 (Adj. Sess.), § 10.)
(a) Any assessment made pursuant to this subchapter shall be a debt against the business, or the successors in interest who are not bona fide purchasers as that term is defined under the Uniform Commercial Code, 9A V.S.A., or the principles of the business, or the applicants who applied for the benefit, or the promisors or guarantors who acted as accommodation parties to facilitate the benefit.
(b) The Commissioner may file a security interest against the property of the business or person liable under subsection (a) of this section.
(c) The Commissioner may bring a civil action in Washington County Superior Court against any business or person set forth in subsection (a) of this section who fails to make payment by the date set forth in section 2513 of this title and may seek from the court penalties of no more than $10,000.00 if that business or person set forth in subsection (a) of this section has failed to provide the notice required under section 2512 of this title.
(Added 1993, No. 221 (Adj. Sess.), § 10.)
If the agency or department finds that a business has failed to give notice pursuant to section 2512 of this title, it shall take action under section 2513 of this title as if the business had given notice.
(Added 1993, No. 221 (Adj. Sess.), § 10.)
All contracts or grant awards conferring benefits to businesses after the effective date of this subchapter shall contain a provision notifying the business of the recapture provisions provided in this section and the qualified period for that business under that contract.
(Added 1993, No. 221 (Adj. Sess.), § 10.)
There is created an Agency of Education that shall be under the direction and supervision of a Secretary of Education.
(Added 2011, No. 98 (Adj. Sess.), § 1, eff. Jan. 1, 2013.)
(a) With the advice and consent of the Senate, the Governor shall appoint a Secretary of Education from among not fewer than three candidates proposed by the State Board of Education. The Secretary shall serve at the pleasure of the Governor.
(1) Not later than 30 days after public notification of a vacancy or anticipated vacancy in the position of Secretary of Education, the Governor shall send a letter to the Chair of the State Board of Education asking the Board to initiate the candidate selection process for a new Secretary of Education. The Governor’s letter shall include direction as to the Governor’s preferred candidate qualifications and experience.
(2) The State Board shall begin a national search process not later than 60 days after receipt of a letter from the Governor issued pursuant to subdivision (1) of this subsection.
(3) The State Board may request from the Agency of Education the funds necessary to utilize outside resources for the search process required pursuant to this subsection.
(b) The Secretary shall report directly to the Governor and shall be a member of the Governor’s Cabinet.
(c) At the time of appointment, the Secretary shall have expertise in education management and policy and demonstrated leadership and management abilities.
(Added 2011, No. 98 (Adj. Sess.), § 1, eff. Jan. 1, 2013; amended 2025, No. 72, § 9, eff. June 27, 2025.)
In this chapter, the following words mean:
(1) Agency: The Agency of Natural Resources.
(2) Department: A major component of the Agency.
(3) Director: The head of a division or branch of the Agency.
(4) Division: A major component of a department or a technical or administrative support component of the Agency.
(5) Commissioner: The head of a department responsible to the Secretary for the administration of the department.
(6) Secretary: The head of the Agency, a member of the Governor’s Cabinet and responsible to the Governor for the administration of the Agency.
(Added 1969, No. 246 (Adj. Sess.), § 1, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 1; 1987, No. 76, § 13.)
(a) An Agency of Natural Resources is created consisting of the following:
(1) The Department of Fish and Wildlife.
(2) The Department of Forests, Parks and Recreation.
(A) The Division of Forests.
(B) The Division of Parks.
(C) The Division of Recreation.
(3) [Repealed.]
(4) The Board of Forests, Parks and Recreation.
(5) The Department of Environmental Conservation.
(6) The State Natural Resources Conservation Council.
(7) The Division of Geology and Mineral Resources.
(b) The Land Use Review Board is attached to the Agency for the purpose of receiving administrative support.
(c) The Agency will provide representation on the following compact commissions:
(1) The Interstate Commission on the Lake Champlain Basin.
(2) The New England Interstate Water Pollution Control Commission.
(Added 1969, No. 246 (Adj. Sess.), § 2, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 2; 1981, No. 222 (Adj. Sess.), § 1; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1983, No. 193 (Adj. Sess.), § 9, eff. April 27, 1984; 1987, No. 76, § 14; 1989, No. 245 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 3, eff. Jan. 31, 2005.)
(a) All boards, committees, councils, activities, and departments that under this chapter are a part of the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of such boards, committees, councils, activities, and departments, including administrative, policy making, rulemaking, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.
(b) Notwithstanding subsection (a) of this section or any other provision of this chapter, the Fish and Wildlife Board and the Land Use Review Board shall retain and exercise all powers and functions given to them by law that are of regulatory or quasi-judicial nature, including the power to adopt, amend, and repeal rules; to conduct hearings; to adjudicate controversies; and to issue and enforce orders, in the manner and to the extent to which those powers are given to those respective boards by law.
(c) [Repealed.]
(Added 1969, No. 246 (Adj. Sess.), § 3, eff. June 1, 1970; amended 1971, No. 93, § 2, eff. April 22, 1971; 1971, No. 245 (Adj. Sess.), § 4, eff. April 6, 1972; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 2003, No. 115 (Adj. Sess.), § 4, eff. Jan. 31, 2005; 2025, No. 18, § 19, eff. May 13, 2025.)
The Secretary, Deputy Secretary, commissioners, deputy commissioners, attorneys, and all members of boards, committees, commissions, or councils attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by laws, all other positions shall be within the classified service.
(Added 1969, No. 246 (Adj. Sess.), § 6(b), eff. June 1, 1970; amended 1993, No. 227 (Adj. Sess.), § 12.)
(a) There is hereby established a special fund to be known as the Environmental Permit Fund. Within the Fund, there shall be two accounts: the Environmental Permit Account and the Air Pollution Control Account. Unless otherwise specified, fees collected in accordance with subsections 2822(i) and (j) of this title and 10 V.S.A. § 2625 and gifts and appropriations shall be deposited in the Environmental Permit Account. Fees collected in accordance with subdivision 2822(j)(1) and subsections 2822(k) and (m) of this title shall be deposited in the Air Pollution Control Account. The Environmental Permit Fund shall be used to implement the programs specified under section 2822 of this title. The Secretary of Natural Resources shall be responsible for the Fund and shall account for the revenues and expenditures of the Agency of Natural Resources. The Environmental Permit Fund shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Environmental Permit Fund shall be used to cover a portion of the costs of administering the Environmental Division established under 4 V.S.A. chapter 27. The amount of $143,000.00 per fiscal year shall be disbursed for this purpose.
(b) Any fee required to be collected under subdivision 2822(j)(1) of this title shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the operating permit program authorized under 10 V.S.A. chapter 23. Any fee required to be collected under subsection 2822(k) or (m) of this title for air pollution control permits or registrations or motor vehicle registrations shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the programs authorized under 10 V.S.A. chapter 23. Fees collected pursuant to subsections 2822(k) and (m) of this title shall be used by the Secretary to fund activities related to the Secretary’s hazardous or toxic contaminant monitoring programs and motor vehicle-related programs.
(Added 1989, No. 279 (Adj. Sess.), § 1, eff. June 30, 1990; amended 1993, No. 92, § 8; 1995, No. 186 (Adj. Sess.), § 19, eff. May 22, 1996; 1997, No. 15, § 2, eff. May 6, 1997; 1997, No. 155 (Adj. Sess.), § 31; 2001, No. 65, § 22; 2003, No. 163 (Adj. Sess.), § 18; 2007, No. 65, § 397, eff. June 4, 2007; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 162 (Adj. Sess.), § E.700; 2015, No. 97 (Adj. Sess.), § 5.)
(a) There is hereby created a Barnwell Potential Liability Fund in the State Treasury. The Fund shall be separately maintained and accounted for by the State Treasurer and administered by the Agency of Natural Resources. Expenditures from the Fund shall be made after obtaining approval of the Attorney General, for the purpose of paying:
(1) any final determinations of liability, or negotiated settlements, on the part of the State or of any agency, subdivision, or entity of the State, arising out of activities under any interstate agreement, relating to the Southeast Compact Commission’s regional facility in Barnwell County, South Carolina, ratified, adopted, or approved according to the requirements of 1990 Acts and Resolves No. 296, Sec. 2; and
(2) any costs of the State or of any agency, subdivision, or entity of the State, related to the process of determining liability or the process of arriving at a negotiated settlement.
(b) All interest earned by the Fund shall remain in the Fund and shall not revert to the General Fund.
(c) The Fund shall be in the form of cash sufficient to provide protection to the State in the amount of $50,000.00 in 1994 dollars. The monies shall be provided by no later than January 1, 2012, or six months prior to the time the largest generator ceases to exist, whichever comes first, by the generators of low-level radioactive waste who are authorized to use the Barnwell facility under the contract for access, approved by the General Assembly for the period from January 1, 1993 through June 30, 1994, in proportion to the amounts of waste to be disposed of at the facility during the term of the interstate agreement. If the Secretary determines that the level of protection provided under this section is not adequate, the Secretary shall make appropriate recommendations to the General Assembly.
(Added 1993, No. 76, § 4.)
(a) Legislative purpose. The General Assembly finds and determines:
(1) The public lands, facilities, and recreational assets of Vermont represent both a priceless inheritance from the past and an enduring legacy for future generations.
(2) The lands, facilities, and recreational assets owned or managed by the Department of Forests, Parks and Recreation are held as public assets for the citizens of Vermont, and require proper management to ensure that these natural resources and facilities remain viable and available for this and all future generations.
(b) Definitions. As used in this section:
(1) “Commissioner” means the Commissioner of Forests, Parks and Recreation or the Commissioner’s designee.
(2) “Eligible activity” means any activity undertaken, initiated, or supported by the Department of Forests, Parks and Recreation that provides for the management of State lands, facilities, and recreational assets. “Eligible activity” includes: repair and maintenance of State parks; contract surveys and mapping; maintenance of State lands, including boundaries, roads, trails, and facilities; contract inventories of State land natural resources; repair of State-owned dams; repair, replacement, and maintenance of conservation camps; and timber management in accordance with U.S.D.A. silvicultural guidelines. “Eligible activity” does not include the acquisition of land.
(3) “Fund” means the Lands and Facilities Trust Fund.
(c) Creation and use of Fund.
(1) There is established in the State Treasury an income-producing fund to be known as the Lands and Facilities Trust Fund, to be managed by the State Treasurer, and from which expenditures shall be made by the Commissioner in accordance with appropriations by the General Assembly for the benefit of lands, facilities, and recreational assets owned or managed by the Agency. Payments from the Fund may be made to meet costs for eligible activities that are not covered in operating budgets for management of Agency lands, facilities, and recreational assets.
(2) The Fund shall be administered as part of the trust investment account established in 32 V.S.A. § 434. After the first three years of the Fund’s existence, on July 1 of each year, the Treasurer shall distribute from the Fund five percent of the moving average of the market value of the Fund over the prior 12 quarters with the approval of the House and Senate. Notwithstanding the foregoing, during the first three years of the Fund’s existence, expenditures for immediate needs, not to exceed five percent of the principal, may be authorized by the Commissioner, provided that such expenditures are consistent with the priorities established by the Commissioner, pursuant to this section, and shall be subject to the approval of the General Assembly.
(3) Annual expenditures from the Fund shall be limited to projects approved by the Commissioner and shall be in accordance with appropriations of the General Assembly. Project priorities shall be determined in accordance with criteria established by the Commissioner and shall include consideration of at least the following: cost; availability of funds; condition of the resource, facility, or infrastructure; level of use; level of public need; the stated intent of the donor, when donated property is involved; and the ability to protect or enhance a public investment or public resource.
(4) There shall be deposited in the Fund monies received by the Agency that are related to management of Agency lands, facilities, and recreational assets and that are received from a variety of public and private sources pertinent to the purposes of the Fund, including donations; grants; special use permits; federal funds specifically designated for uses compatible with the intent of the fund; timber sale receipts received after June 30, 2001 from State forestland and all Agency lands otherwise not restricted; and such sums as may be appropriated to the Fund by the General Assembly. The Agency may solicit and accept aid or contributions consistent with the stated intent of the donor and deposited with the State Treasurer. Income earned by the Fund shall be deposited into the Fund, and all balances in the Fund at the end of any fiscal year shall be carried forward and remain part of the Fund.
(d) [Repealed.]
(Added 2001, No. 61, § 53, eff. June 16, 2001; amended 2013, No. 142 (Adj. Sess.), § 82.)
This section shall apply to any permit, license, or certification that is issued by the Agency of Natural Resources and that is listed as enforceable by the Secretary of Natural Resources under the Uniform Environmental Law Enforcement chapter, 10 V.S.A. chapter 201. With respect to permits, licenses, or certifications specified under this section, if the permit processing time limits established under subsection 2822(g) of this title are not met, the Secretary may allow the option of the applicant paying for an independent engineer approved by the Secretary to do the permitting analysis required for the Secretary to approve or deny the application.
(Added 2001, No. 142 (Adj. Sess.), § 220.)
(a)(1) The Secretary may require an applicant for a permit, license, certification, or order issued under a program that the Secretary enforces under 10 V.S.A. § 8003(a) to pay for the cost of research, scientific, programmatic, or engineering expertise provided by the Agency of Natural Resources, provided that the following apply:
(A) The Secretary does not have such expertise or services and such expertise is required for the processing of the application for the permit, license, certification, or order.
(B) The Secretary does have such expertise but has made a determination that it is beyond the Agency’s internal capacity to effectively utilize that expertise to process the application for the permit, license, certification, or order. In addition, the Secretary shall determine that such expertise is required for the processing of the application for the permit, license, certification, or order.
(2) The Secretary may require an applicant under 10 V.S.A. chapter 151 to pay for the time of Agency of Natural Resources personnel providing research, scientific, or engineering services or for the cost of expert witnesses when Agency personnel or expert witnesses are required for the processing of the permit application.
(3) In addition to the authority set forth under 10 V.S.A. chapters 59 and 159 and section 1283, the Secretary may require a person who caused the Agency to incur expenditures or a person in violation of a permit, license, certification, or order issued by the Secretary to pay for the time of Agency personnel or the cost of other research, scientific, or engineering services incurred by the Agency in response to a threat to public health or the environment presented by an emergency or exigent circumstance.
(b) Prior to commencing or contracting for research, scientific, or engineering expertise or services or contracting for expert witnesses for which the Secretary intends to seek cost reimbursement under subdivisions (a)(1) and (2) of this section, the Secretary shall notify the applicant for a permit, license, certification, or order of the Secretary’s authority to assess costs under this section.
(c)(1) Within 15 days of issuance of notice under subsection (b) of this section, an applicant for a permit, license, certification, or order may request a meeting with the Secretary to identify and review the proposed Agency services or contracting services that may be assessed to the applicant.
(2) The Secretary may enter into agreements with an applicant for a permit, license, certification, or order under which either the applicant or the Agency of Natural Resources shall provide or pay for the necessary research, scientific, or engineering expertise or services or expert witnesses.
(3) When the Secretary meets with an applicant under this subsection, the Secretary shall provide the applicant in writing a preliminary estimate of the costs to be assessed and the purpose of the funds. In the case of requests to pay costs under subdivision (a)(1)(B) of this section, the Secretary shall be limited to a reimbursement of not more than $50,000.00.
(d) The following apply to the authority established under subsection (a) of this section:
(1)(A) The Secretary may require reimbursement only of costs in excess of $3,000.00 except as provided in subdivision (B) of this subdivision (1).
(B) Where the Secretary has requested reimbursement of programmatic expertise pursuant to subdivision (a)(1)(B) of this section. The Secretary may require reimbursement only of costs in excess of $3,000.00 or one-half of the permit application fee assessed under section 2822 of this title, whichever is greater.
(2) The Secretary may revise estimates previously noticed as necessary from time to time during the progress of the work and shall notify the applicant in writing of any revision.
(3) The Secretary shall provide the applicant with a detailed statement of a final assessment under this section showing the total amount of money expended or contracted for in the work and directing the manner and timing of payment by the applicant.
(4) All funds collected from applicants under the provisions of this section shall be paid into the Environmental Permit Fund established pursuant to section 2805 of this title, except that funds collected under provisions of subdivision (a)(2) of this section shall be paid into the Natural Resources Management Fund established pursuant to 23 V.S.A. § 3106(d).
(e) The Secretary may withhold a permit approval or suspend the processing of a permit application for failure to pay reasonable costs imposed under this subsection.
(f) An action or determination of the Secretary under this section shall constitute an act or decision of the Secretary that may be appealed in accordance with 10 V.S.A. § 8504.
(g) Concerning an application for a permit to discharge stormwater runoff from a telecommunications facility as defined in 30 V.S.A. § 248a that is filed before July 1, 2017:
(1) Under subdivision (a)(1) of this section, the Agency shall not require an applicant to pay more than $10,000.00 with respect to a facility.
(2) The provisions of subsection (c) (mandatory meeting) of this section shall not apply.
(Added 2009, No. 146 (Adj. Sess.), § F19; 2011, No. 53, § 3b, eff. May 27, 2011; amended 2011, No. 161 (Adj. Sess.), § 12; 2013, No. 190 (Adj. Sess.), § 23, eff. June 16, 2014; 2013, No. 199 (Adj. Sess.), § 33; 2015, No. 57, § 19.)
The Secretary of Natural Resources may require any entity permitted by the Agency of Natural Resources to monitor the operation of a facility, discharge, emission, or release for any constituent for which the Department of Health has established a health advisory. The Secretary may impose conditions on a permitted entity based on the health advisory if the Secretary determines that the operation of the facility, discharge, emission, or release may result in an imminent and substantial endangerment to human health or the natural environment. The authority granted to the Secretary under this section shall last not longer than two years from the date the health advisory was adopted.
(Added 2019, No. 21, § 7, eff. May 15, 2019.)
(a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.
(b) [Repealed.]
(Added 1969, No. 246 (Adj. Sess.), § 4(a), (c), eff. June 1, 1970; amended 1971, No. 191 (Adj. Sess.), § 16.)
(a) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. The Secretary shall prepare and submit to the Governor an annual budget.
(b) The Secretary shall also have the powers and duties set forth in section 2803 of this title.
(c) If a waiver has been granted by the Public Utility Commission under 30 V.S.A. § 248(k), the Secretary or the Secretary’s designee shall expedite and may authorize temporary emergency permits with appropriate conditions to minimize significant adverse environmental impacts within the jurisdiction of the Agency, after limited or no opportunity for public comment, allowing site preparation for or construction or operation of an electric transmission facility or a generating facility necessary to ensure the stability or reliability of the electric system or a natural gas facility, regardless of any provision in Title 10 or 29 V.S.A. chapter 11. Such authorization shall be given only after findings by the Secretary that good cause exists because an emergency situation has occurred; the applicant will fulfill any conditions imposed to minimize significant adverse environmental impacts; and the applicant will, upon the expiration of the temporary emergency permit, remove, relocate, or alter the facility as required by law or by an order of the Public Utility Commission. A permit issued under this subsection shall be subject to such conditions as are required by the Secretary and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the Secretary. Upon the expiration of a temporary emergency permit under this subsection, if any applicable permits have not been issued by the Secretary or the Commissioner of Environmental Conservation, the Secretary may seek enforcement under applicable law.
(d) The Secretary may adopt rules to implement the authority to issue expedited, temporary emergency permits specified in subsection (c) of this section and in 20 V.S.A. § 9(11).
(e) The Secretary, with the approval of the Secretary of Administration, may transfer any unexpended funds appropriated in a capital construction act to other projects authorized in the same section of that act.
(f) For any Agency program, the Secretary may provide for simplified application forms and procedures for minor projects.
(g) The Secretary shall make all practical efforts to process permits in a prompt manner. The Secretary shall establish time limits for the processing of each permit as well as procedures and time periods within which to notify applicants whether an application is complete. The Secretary shall report no later than the third Tuesday of each annual legislative session to the General Assembly by electronic submission. The annual report shall assess the Agency’s performance in meeting the limits; identify areas that hinder effective Agency performance; list fees collected for each permit; summarize changes made by the Agency to improve performance; describe staffing needs for the coming year; certify that the revenue from the fees collected is at least equal to the costs associated with those positions; and discuss the operation of the Agency during the preceding fiscal year and the future goals and objectives of the Agency. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. This report is in addition to the fee report and request required by 32 V.S.A. chapter 7, subchapter 6.
(h) [Repealed.]
(i) The Secretary shall not process an application for which the applicable fee has not been paid unless the Secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to 32 V.S.A. § 710. Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services. Municipalities shall pay fees prescribed in subdivisions (j)(2), (10), (11), (12), and (26), except that a municipality shall also be exempt from those fees for stormwater systems prescribed in subdivisions (j)(2)(A)(iii)(I), (II), or (IV) and (j)(2)(B)(iv)(I), (II), or (V) of this section for which a municipality has assumed full legal responsibility under 10 V.S.A. § 1264.
(j) In accordance with subsection (i) of this section, the following fees are established for permits, licenses, certifications, approvals, registrations, orders, and other actions taken by the Agency of Natural Resources.
(1) For air pollution control permits or registrations issued under 10 V.S.A. chapter 23:
(A) Base service fees. Any persons subject to the provisions of 10 V.S.A. § 556 shall submit with each permit application or with each request for a permit amendment, a base service fee in accordance with the base fee schedule in subdivision (i) of this subdivision (1)(A). Prior to taking final action under 10 V.S.A. § 556 on any application for a permit for a nonmajor stationary source or on any request for an amendment of a permit for such a source, the Secretary shall assess each applicant for any additional fees due to the Agency, assessed in accordance with the base fee schedule and the supplementary fee schedule in subdivision (ii) of this subdivision (1)(A). The applicant shall submit any fees so assessed to the Secretary prior to issuance of the final permit, notwithstanding the provisions of subsection (i) of this section. The base fee schedule and the supplementary fee schedule are applicable to all applications on which the Secretary makes a final decision on or after the date on which this section is operative.
| | (i) | Base fee schedule. | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | | | | (I) | Application for permit to construct or modify source. | | | | | | | | | | (aa) Major stationary source: | $ | 15,000.00. | | | | | | | (bb) Nonmajor stationary source: | $ | 2,000.00. | | | | | | | (cc) A source of emissions from anaerobic digestion of agricultural products, agricultural by-products, agricultural waste, or food waste: | $ | 1,000.00. | | | | | (II) | Amendments. | | | | | | | | | Change in business name, division name, or plant name; mailing address; or company stack designation; or other administrative amendments: | $ | 150.00. | | | | (ii) | Supplementary fee schedule for nonmajor stationary sources. | | | | | | | | | | (I) | Engineering review: | $ | 2,000.00. | | | | | | (II) | Air quality impact analysis review refined modeling: | $ | 2,000.00. | | | | | | (III) | Observe and review source emission testing: | $ | 2,000.00. | | | | | | (IV) | Audit performance of continuous emissions monitors: | $ | 2,000.00. | | | | | | (V) | Audit performance of ambient air monitoring: | $ | 2,000.00. | | | | | | (VI) | Implement public comment requirement: | $ | 500.00. | |
(B) Annual registration. Any person required to register an air contaminant source under 10 V.S.A. § 555(c) shall annually pay the following:
(i) A base fee where the sum of a source’s emissions of sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons is:
(I) ten tons or greater: $1,500.00;
(II) less than ten tons but greater than or equal to five tons: $1,000.00; and
(III) less than five tons: $500.00.
(ii) Where the sum of a source’s emissions of sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons is greater than or equal to five tons: an annual registration fee that is $0.0335 per pound of such emissions except that a plant producing renewable energy as defined in 30 V.S.A. § 8002 shall pay an annual fee not exceeding $64,000.00.
(C) Anaerobic digesters. Notwithstanding the requirements of subdivisions (A) and (B) of this subdivision (j)(1), a person required to register an air contaminant source under 10 V.S.A. § 555(c) or subject to the requirements of 10 V.S.A. § 556 shall not be subject to supplementary fees assessed under subdivision (A)(ii) of this subdivision (j)(1) and shall pay an annual registration fee not exceeding $1,000.00 when the source of the emissions is the anaerobic digestion of agricultural products, agricultural by-products, agricultural waste, or food waste.
(2) For discharge permits issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272, an administrative processing fee of $240.00 shall be paid at the time of application for a discharge permit in addition to any application review fee and any annual operating fee, except for permit applications under subdivisions (A)(iii)(III) and (V) of this subdivision (j)(2):
(A) Application review fee.
| | (i) | Municipal, industrial, non-contact cooling water, and thermal discharges. | | | | | | --- | --- | --- | --- | --- | --- | --- | | | | | (I) | Individual permit: original application; amendment for increased flows; amendment for change in treatment process: | $0.003 per gallon permitted flow; minimum $100.00 per outfall; maximum $30,000.00 per application. | | | | | | (II) | Renewal, transfer, or minor amendment of individual permit: | $0.002 per gallon permitted flow; minimum $50.00 per outfall; maximum $5,000.00 per application. | | | | | | (III) | General permit: | $0.00. | | | | (ii) | Pretreatment discharges. | | | | | | | | | (I) | Individual permit: original application; amendment for increased flows; amendment change in treatment process: | $0.20 per gallon design flow; minimum $100.00 per outfall. | | | | | | (II) | Renewal, transfer, or minor amendment of individual permit: | $0.002 per gallon design flow; minimum $50.00 per outfall. | | | | (iii) | Stormwater discharges. | | | | | | | | | (I) | Individual operating permit or application to operate under general operating permit for collected stormwater runoff that is discharged to Class B waters: original application; amendment for increased flows; amendment for change in treatment process: | $860.00 per acre impervious area; minimum $440.00 per application. | | | | | | (II) | Individual operating permit or application to operate under general operating permit for collected stormwater runoff that is discharged to Class A waters; original application; amendment for increased flows; amendment for change in treatment process: | $1,400.00 per acre impervious area; minimum $1,400.00 per application. | | | | | | (III) | Individual permit or application to operate under general permit for construction activities; original application; amendment for increased acreage. | | | | | | | | | (aa) Projects with low risk to waters of the State; five acres or less: | $100.00 per project; original application. | | | | | | | (bb) Projects with low risk to waters of the State; greater than five acres: | $220.00 per project. | | | | | | | (cc) Projects with moderate risk to waters of the State; five acres or less: | $480.00 per project original application. | | | | | | | (dd) Projects with moderate risk to waters of the State; greater than five acres: | $640.00. | | | | | | | (ee) Projects that require an individual permit; ten acres or less: | $1,200.00. | | | | | | | (ff) Projects that require an individual permit; greater than 10 acres: | $1,800.00. | | | | | (IV) | Individual permit or application to operate under general permit for stormwater runoff associated with industrial activities with specified SIC codes; original application; amendment for change in activities: | $440.00 per facility. | | | | | | (V) | Individual permit or application to operate under general permit for stormwater runoff associated with municipal separate storm sewer systems; original application; amendment for change in activities: | $2,400.00 per system. | | | | | | (VI) | Individual operating permit or application to operate under a general permit for a residually designated stormwater discharge original application; amendment; for increased flows amendment; for change in treatment process. | | | | | | | | | (aa) For discharges to Class B water: | $860.00 per acre of impervious area, minimum $280.00. | | | | | | | (bb) For discharges to Class A water: | $1,700.00 per acre of impervious area, minimum $1,700.00. | | | | | (VII) | Renewal, transfer, or minor amendment of individual permit: | $0.00. | | | | | | (VIII) | Application for coverage under the municipal roads stormwater general permit: | $400.00 per application. | | | | | | (IX) | Application for coverage under the State roads stormwater general permit: | $1,200.00. | | | | (iv) | Indirect discharge or underground injection control, excluding stormwater discharges. | | | | | | | | | (I) | Indirect discharge, sewage. | | | | | | | | Individual permit: original application; amendment for increased flows; amendment for modification or replacement of system: | $1,755.00 plus $0.08 per gallon of design capacity above 6,500 gpd. | | | | | | (II) | Indirect discharge, nonsewage. | | | | | | | | Individual permit: original application; amendment for increased flows; amendment for modification or replacement of system: | $0.06 per gallon of design capacity; minimum $400.00. | | | | | | (III) | Underground injection; individual permit; amendment for increased flows; amendment for modification or replacement of system. | | | | | | | | | (aa) For applications where the discharge meets groundwater enforcement standards at the point of discharge: | $500.00 and $0.10 for each gallon per day over 2,000 gallons per day. | | | | | | | (bb) For applications where the discharge meets groundwater enforcement standards at the point of compliance: | $1,500.00 and $0.20 for each gallon per day over 2,000 gallons per day. |
(B) Annual operating fee.
| | (i) | Industrial, noncontact cooling water and thermal discharges: | $0.0015 per gallon design capacity. $200.00 minimum; maximum $210,000.00. | | | | | --- | --- | --- | --- | --- | --- | --- | | | (ii) | Municipal: | $0.003 per gallon of permitted flows. $200.00 minimum; maximum $12,500.00. | | | | | | (iii) | Pretreatment discharges: | $0.04 per gallon design capacity. $200.00 minimum; maximum $27,500.00. | | | | | | (iv) | Stormwater. | | | | | | | | | (I) | Individual operating permit or approval under general operating permit for collected stormwater runoff that is discharged to Class A waters: | $310.00 per acre impervious area; $310.00 minimum. | | | | | | (II) | Individual operating permit or approval under general operating permit for collected stormwater runoff that is discharged to Class B waters: | $160.00 per acre impervious area; $160.00 minimum. | | | | | | (III) | Individual permit or approval under general permit for stormwater runoff from industrial facilities with specified SIC codes: | $160.00 per facility. | | | | | | (IV) | Individual permit or application to operate under general permit for stormwater runoff associated with municipal separate storm sewer systems: | $10.00 per acre of impervious surface within the municipality; annually. | | | | | | (V) | Individual permit or approval under general permit for residually designated stormwater discharges. | | | | | | | | | (aa) For discharges to Class A water: | $310.00 per acre of impervious area, minimum $310.00. | | | | | | | (bb) For discharges to Class B water: | $160.00 per acre of impervious area, minimum $160.00. | | | | | (VI) | For application to operate under a general permit for stormwater runoff associated with municipal roads, the following fees per authorization annually: | | | | | | | | | (aa) in a municipality with a population of more than 5,000 persons: | $1,800.00; | | | | | | | (bb) in a municipality with a population of 2,500 to 5,000 persons and 95 miles or more of maintained road: | $1,800.00; | | | | | | | (cc) in a municipality with a population of 2,500 to 5,000 persons and 25 to less than 95 miles of maintained road: | $1,350.00; | | | | | | | (dd) in a municipality with a population of 2,500 to 5,000 persons and less than 25 miles of maintained road: | $500.00; | | | | | | | (ee) in a municipality with a population of fewer than 2,500 but more than 500 persons and 25 miles or more of maintained road: | $1,350.00; | | | | | | | (ff) in a municipality with a population of fewer than 2,500 but more than 500 persons and less than 25 miles of maintained road: | $500.00; | | | | | | | (gg) in a municipality with a population of fewer than 500 persons: | $500.00; | | | | | | | (hh) in a municipality that is covered under a municipal separate storm sewer system permit: | $0.00; and | | | | | | | (ii) in an unincorporated or disincorporated municipality: | $0.00. | | | | | (VII) | Application to operate under a general permit for stormwater runoff associated with State roads: | $90,000.00 per authorization annually. | | | | | | (VIII) | Individual permit or approval under a general permit for a discharge from a medium concentrated animal feeding operation: | $1,500.00 per facility. | | | | | | (IX) | Individual permit or approval under a general permit for a discharge from a large concentrated animal feeding operation: | $2,500.00 per facility. | | | | | | (X) | Individual or general operating permits authorizing discharges of stormwater runoff from new development or redevelopment of less than one acre of impervious surface permitted after July 1, 2022 pursuant to 10 V.S.A. § 1264(c)(1) shall be exempt from the fees imposed by subdivisions (I) and (II) of this subdivision (iv). | | | | | (v) | Indirect discharge or underground injection control, excluding stormwater discharges: | | | | | | | | | (I) | Indirect discharge. | | | | | | | | | (aa) Individual permit: | $400.00 plus $0.035 per gallon of design capacity above 6,500 gpd. maximum $27,500.00. | | | | | | | (bb) Approval under general permit: | $220.00. | | | | | (II) | Underground injection control. | | | | | | | | | (aa) For applications where the discharge meets groundwater enforcement standards at the point of discharge: | $500.00 and $0.02 for each gallon per day over 2,000 gallons per day. | | | | | | | (bb) For applications where the discharge meets groundwater enforcement standards at the point of compliance: | $1,500.00 and $0.02 for each gallon per day over 2,000 gallons per day. | | | | | | | (cc) Approval under general permit: | $220.00. |
(C) The Secretary shall bill all persons who hold discharge permits for the required annual operating fee. Annual operating fees may be divided into semiannual or quarterly billings.
(3) [Repealed.]
(4) For potable water supply and wastewater permits issued under 10 V.S.A. chapter 64. Projects under this subdivision include: a wastewater system, including a sewerage connection; and a potable water supply, including a connection to a public water supply:
(A) Original applications, or major amendments for a project with the following proposed design flows. In calculating the fee, the highest proposed design flow whether wastewater or water shall be used:
(i) design flows 560 gpd or less: $306.25 per application;
(ii) design flows greater than 560 and less than or equal to 2,000 gpd: $870.00 per application;
(iii) design flows greater than 2,000 and less than or equal to 6,500 gpd: $3,000.00 per application;
(iv) design flows greater than 6,500 and less than or equal to 10,000 gpd: $7,500.00 per application;
(v) design flows greater than 10,000 gpd: $13,500.00 per application.
(B) Minor amendments: $150.00.
(C) Minor projects: $270.00.
As used in this subdivision (j)(4)(C), “minor project” means a project that meets the following: there is an increase in design flow but no construction is required; there is no increase in design flow but construction is required, excluding replacement potable water supplies and wastewater systems; or there is no increase in design flow and no construction is required, excluding applications that contain designs that require technical review.
(D) Notwithstanding the other provisions of this subdivision, when a project is located in a Vermont neighborhood, as designated under 24 V.S.A. chapter 76A, the fee shall be no more than $50.00 in situations in which the application has received an allocation for sewer capacity from an approved municipal system. This limitation shall not apply in the case of fees charged as part of a duly delegated municipal program.
(5) For well drillers licenses issued under 10 V.S.A. chapter 48: $140.00 per year.
Fees shall be paid on an annual basis over the term of the license.
(6) For solid waste treatment, storage, transfer, or disposal facility certifications issued under 10 V.S.A. chapter 159:
| | (A) original and renewal applications, excluding recycling and composting facilities, and categorical of solid waste facilities: | $0.75 per ton certified operational capacity pro-rated and paid on an annual basis over the term of certification. | | --- | --- | --- | | | (B) original and renewal applications for recycling and composting facilities, excluding categorical solid waste facilities that solely manage recycling or composting solid waste: | $100.00. | | | (C) original and renewal applications for categorical solid waste facilities solely managing recycling or composting solid waste: | $0.00. | | | (D) original and renewal applications for categorical disposal facilities: | $100.00. | | | (E) original and renewal applications for facilities, certified pursuant to 10 V.S.A. §§ 6605 and 6605b, that treat, store, or dispose of waste generated solely from mining, extraction, or mineral processing: | $200.00 for facilities with an operational capacity less than 25,000 cubic yards; for facilities with operational capacity above 25,000 cubic yards $0.95 per cubic yard of operational capacity. Maximum annual payment, $75,000.00. | | | (F) increase in tonnage, excluding recycling and composting facilities, categorical solid waste facilities: | $0.75 per ton of certified and operational capacity prorated and paid on an annual basis over the term of certification. | | | (G) insignificant waste management event approvals: | $100.00 per event. |
(7) For public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56 and interim groundwater withdrawal permits and approvals issued under 10 V.S.A. chapter 48:
(A) For public water supply construction permit and permit amendment applications:
(i) For public community and nontransient noncommunity water supplies: $900.00.
(ii) For transient noncommunity: $500.00.
(B) For water treatment plant applications, except those applications submitted by a municipality as defined in 1 V.S.A. § 126 or a consolidated water district established under 24 V.S.A. § 3342: $0.003 per gallon of design capacity. Amendments $150.00 per application.
(C) For source permit applications:
| | | (i) Community water systems: | $945.00 per source. | | --- | --- | --- | --- | | | | (ii) Transient noncommunity: | $385.00 per source. | | | | (iii) Nontransient, noncommunity: | $770.00 per source. | | | | (iv) Amendments: | $150.00 per application. |
(D) For public water supplies and bottled water facilities, annually:
| | | (i) Transient noncommunity: | $100.00. | | --- | --- | --- | --- | | | | (ii) Nontransient, noncommunity: | $0.0355 per 1,000 gallons of water produced annually or $70.00, whichever is greater. | | | | (iii) Community: | $0.05 per 1,000 gallons of water produced annually. | | | | (iv) Bottled water: | $1,390.00 per permitted facility. |
(E) Amendment to bottled water facility permit, $150.00 per application.
(F) For facilities permitted to withdraw groundwater pursuant to 10 V.S.A. § 1418: $2,300.00 annually per facility.
(G) In calculating flow-based fees under this subsection, the Secretary will use metered production flows where available. When metered production flows are not available, the Secretary shall estimate flows based on the standard design flows for new construction.
(H) The Secretary shall bill public water supplies and bottled water companies for the required fee. Annual fees may be divided into semiannual or quarterly billings.
(8) For public water system operator certifications issued under 10 V.S.A. § 1674:
(A) For class IA and IB operators: $45.00 per initial certificate or renewal.
(B) For all other classes: $80.00 per initial certificate or renewal.
(9)(A) For a solid waste hauler:
(i) $50.00 per vehicle for small vehicles with two axles, including pickup trucks, utility trailers, and stakebody trucks.
(ii) $75.00 per vehicle for vehicles with three or four axles, including packer trucks, dump trucks, and roll offs.
(iii) $100.00 per vehicle for tractors and any number axle trailers.
(B) For a hazardous waste hauler: an annual operating fee of $125.00 per vehicle.
(10) For management of lakes and ponds permits issued under 29 V.S.A. chapter 11:
(A) Nonstructural erosion control: $155.00 per application.
(B) Structural erosion control: $250.00 per application.
(C) All other encroachments: $300.00 per application plus one percent of construction costs, not to exceed $20,000.00 per application.
(11) For stream alteration and flood hazard area permits issued under 10 V.S.A. chapters 41 and 32:
(A) Stream alteration; individual permit: $350.00.
(B) Stream alteration; general permit; reporting category: $200.00.
(C) Stream alteration; individual permit; municipal bridge, culvert, and unimproved property protection: $350.00.
(D) Stream alteration; general permit; municipal bridge, culvert, and unimproved property protection: $200.00.
(E) Stream alteration; Agency of Transportation reviews; bridge, culvert, and high risk projects: $350.00.
(F) Flood hazard area; individual permit; State facilities; hydraulic and hydrologic modeling required: $350.00.
(G) Flood hazard area; individual permit; State facilities; hydraulic and hydrologic modeling not required: $200.00.
(H) Flood hazard area; municipal reviews; reviews requiring hydraulic and hydrologic modeling, compensatory storage volumetric analysis, or river corridor equilibrium: $350.00.
(I) Flood hazard area; municipal review; projects not requiring hydraulic or hydrologic modeling: $200.00.
(J) River corridor; major map amendments: $350.00.
(12)(A) For dam permits issued under 10 V.S.A. chapter 43: 1.00 percent of construction costs, minimum fee of $1,000.00.
(B) For all dams capable of impounding 500,000 or more cubic feet of water or other liquid, an annual fee:
(i) for dams classified as low risk: $200.00 per year.
(ii) for dams classified as significant risk: $350.00 per year.
(iii) for dams classified as high risk: $1,000.00 per year.
(iv) for dams that have not been classified by the Department: $0.00 per year.
(13) For aquatic nuisance control permits issued under 10 V.S.A. § 1455:
(A) Projects in private waters, as that term is defined in 10 V.S.A. § 5210:
| | | (i) Aquatic pesticide aqua-shade, Copper compounds used as algicides: | | $50.00 per application. | | --- | --- | --- | --- | --- | | | | (ii) All other pesticides and chemicals: | | $75.00 per application. | | | | (iii) Bottom barriers, Powered mechanical devices: | | $35.00 per application. | | | | (iv) Structural controls, Biological controls: | | $75.00 per application. | | | | (v) Approval under general permit: | | $25.00 per approval. |
(B) Projects in all other waters:
| | | (i) All pesticides and other chemicals: | | $500.00 per application. | | --- | --- | --- | --- | --- | | | | (ii) Bottom barriers: | | $75.00 per application. | | | | (iii) Powered mechanical devices: | | $175.00 per application. | | | | (iv) Structural controls, Biological controls: | | $300.00 per application. | | | | (v) Approval under general permit: | | $50.00 per approval. |
(14) [Repealed.]
(15) For sludge or septage facility certifications issued under 10 V.S.A. chapter 159:
| | (A) land application sites; facilities that further reduce pathogens; disposal facilities: | | $1,000.00 per application. | | --- | --- | --- | --- | | | (B) all other types of facilities: | | $125.00 per application. | | | | | |
(16) For underground storage tank permits issued under 10 V.S.A. chapter 59: $125.00 per tank per year.
(17) For hazardous waste treatment, storage, or disposal facility certifications issued under 10 V.S.A. chapter 159:
| | (A) original application: | $5,775.00. | | | --- | --- | --- | --- | | | (B) annual operating fee: | | | | | | (i) commercial facilities: | $2,000.00. | | | | (ii) captive facilities: | $1,100.00. | | | (C) renewal application: | $0.00. | |
(18) For recycle or reuse exemptions issued under 10 V.S.A. §§ 6602(9) and 6603(1):
| | (A) initial determination of exemption | $100.00 | | --- | --- | --- | | | (B) administrative modifications: | $100.00 | | | (C) all other modifications: | $100.00 |
(19) For delistings of hazardous waste issued under 10 V.S.A. §§ 6602(4) and 6603(1): $265.00 per application.
(20) For underground storage tank tester licenses issued under 10 V.S.A. § 1936:
| | (A) original application: | $100.00. | | --- | --- | --- | | | (B) renewal application: | $100.00. |
(21) [Repealed.]
(22) For certificates of need issued under 10 V.S.A. § 6606a:
$7,500.00 per application.
(23) Notwithstanding all other subdivisions of this subsection, for administrative amendments of the listed permits, licenses, certifications, approvals, and exemptions, the Secretary may charge less than the listed fees, provided that the amount charged is no less than $35.00 and is sufficient to cover the costs with processing the administrative amendment.
(24) [Repealed.]
(25) For hazardous waste generator registrations required by 10 V.S.A. § 6608(f):
| | (A) small quantity generators: | $125.00. | | --- | --- | --- | | | (B) large quantity generators: | $600.00. | | | (C) conditionally exempt generators: | $75.00. |
(26) For individual conditional use determinations, for individual wetland permits, for general conditional use determinations issued under 10 V.S.A. § 1272, or for wetland authorizations issued under a general permit, an administrative processing fee assessed under subdivision (2) of this subsection and an application fee of:
(A) $0.75 per square foot of proposed impact to Class I or II wetlands.
(B) $0.25 per square foot of proposed impact to Class I or II wetland buffers.
(C) Maximum fee, for the conversion of Class II wetlands or wetland buffers to cropland use or for installation of a pipeline in a wetland for the transport of manure for the purpose of farming, as that term is defined in 10 V.S.A. § 6001(22), when the pipeline will serve or implement a water quality or conservation practice, $200.00 per application. As used in this subdivision, “cropland” means land that is used for the production of agricultural crops, including row crops; fibrous plants; pasture; fruit-bearing bushes, trees, or vines; and the production of Christmas trees.
(D) $0.25 per square foot of proposed impact to Class I or II wetlands or Class I or II wetland buffer for utility line, pipeline, and ski trail projects when the proposed impact is limited to clearing forested wetlands in a corridor and maintaining a cleared condition in that corridor for the project life.
(E) $1.50 per square foot of impact to Class I or II wetlands when the permit is sought after the impact has taken place.
(F) $100.00 per revision to an application for an individual wetland permit or authorization under a general permit when the supplement is due to a change to the project that was not requested by the Secretary.
(G) Minimum fee, $50.00 per application.
(H) Maximum fee, for the construction of any water quality improvement project in any Class II wetland or buffer, $200.00 per application. As used in this subdivision, “water quality improvement project” means projects specifically designed and implemented to reduce pollutant loading in accordance with the requirements of a Total Maximum Daily Load Implementation Plan or Water Quality Remediation Plan, or pursuant to a plan for reducing pollutant loading to a waterbody. These projects include:
(i) the retrofit of impervious surfaces in existence as of January 1, 2019 for the purpose of addressing stormwater runoff;
(ii) the replacement of stream-crossing structures necessary to improve aquatic organism passage, stream flow, or flood capacity;
(iii) construction of the following conservation practices on farms, when constructed and maintained in accordance with Natural Resources Conservation Service Conservation Practice Standards for Vermont and the Agency of Agriculture, Food and Markets’ Required Agricultural Practices:
(I) construction of animal trails and walkways;
(II) construction of access roads;
(III) designation and construction of a heavy-use protection area;
(IV) construction of artificial wetlands; and
(V) the relocation of structures, when necessary, to allow for the management and treatment of agricultural waste, as defined in the Required Agricultural Practices Rule.
(I) Maximum fee for the construction of a permanent structure used for farming, $5,000.00, provided that the maximum fee for waste storage facility or bunker silo shall be $200.00 when constructed and maintained in accordance with Natural Resources Conservation Service Conservation Practice Standards for Vermont and the Agency of Agriculture, Food and Markets’ Required Agricultural Practices.
(27) For approvals of the operation of mineral prospecting equipment issued under 10 V.S.A. chapter 41:
| | (A) annual approval for a resident: | $25.00. | | --- | --- | --- | | | (B) annual approval for a nonresident: | $50.00. |
(28) For approvals of the offset permits issued under 10 V.S.A. § 1264a:
| | (A) Individual offset permit: | $300.00. | | --- | --- | --- | | | (B) General offset permit: | $100.00. |
(29) For salvage yards permitted under 24 V.S.A chapter 61, subchapter 10:
| | (A) facilities that crush or shred junk motor vehicles: | | $1,250.00 per facility. | | --- | --- | --- | --- | | | (B) facilities that accept or dismantle junk motor vehicles: | | $750.00 per facility. | | | (C) facilities that manage junk on site excluding junk motor vehicles: | | $350.00 per facility. | | | (D) facilities the primary activity of which is handling total-loss vehicles from insurance companies: | | $300.00 per facility. |
(30) For review of a project requiring water quality certification under Section 401 of the Clean Water Act: one percent of project costs; minimum fee $200.00; maximum fee $20,000.00. For an application seeking review of multiple projects under this subdivision, the fee shall apply to each project.
(31) For continuing review of plans required by 10 V.S.A. § 6673: $15,000.00.
(32) For projects taking place in a protected shoreland area that require:
(A) a registration under 10 V.S.A. § 1446: $100.00;
(B) a permit under 10 V.S.A. §§ 1443, 1444, and 1445: $125.00 plus $0.50 per square foot of impervious surface.
(33) $0.01 per gallon based on the rated capacity of the tank being pumped rounded to the nearest gallon.
(k) Any person required to pay a fee to register an air contaminant source under 10 V.S.A. § 555(c) and who emits five or more tons per year shall pay fees as follows:
(1) Where the emissions are resulting from the combustion of any of the following fuels in fuel burning or manufacturing process equipment:
(A)(i) Wood—$0.1915 per ton burned; or
(ii) Wood burned in electric utility units with advanced particulate matter and nitrogen oxide reduction technologies—$0.0607 per ton burned;
(B) No. 4, 5, or 6 grade fuel oil and used oil—$0.0015 per gallon burned;
(C) No. 2 grade fuel oil—$0.0005 per gallon burned;
(D) Propane—$0.0003 per gallon burned;
(E) Natural gas—$2.745 per million cubic feet burned;
(F) Diesel generator—$0.0055 per gallon burned;
(G) Gas turbine using No. 2 grade fuel oil—$0.0022 per gallon burned.
(2) For the emission of any hazardous air contaminant not subject to subdivision (1) of this subsection:
(A) Contaminants that cause short-term irritant effects—$0.02 per pound of emissions;
(B) Contaminants that cause chronic systemic toxicity—$0.04 per pound of emissions;
(C) Contaminants known or suspected to cause cancer—$0.95 per pound of emissions.
(l) [Repealed.]
(m)(1) Except as provided in subdivision (3) of this subsection, in addition to any other requirement or fee required for registration, on and after January 1, 1994, a motor vehicle registered under 23 V.S.A. chapter 7 shall be assessed an annual emission fee of $2.00 at time of first registration and annually thereafter.
(2) The Department of Motor Vehicles shall collect the emission fee imposed in subdivision (1) of this subsection on an annual basis, consistent with the registration period. Notwithstanding 19 V.S.A. § 11, all funds collected shall be credited to the Fund established under section 2805 of this title.
(3) The fee imposed under subdivision (1) of this subsection shall not apply to any electrically powered vehicle, trailer, or government vehicle.
(4) The Department of Motor Vehicles shall not issue a registration for any vehicle for which the emission fee required under this subsection has not been paid.
(n) [Repealed.]
(Added 1969, No. 246 (Adj. Sess.), § 4(b), (h), eff. June 1, 1970; amended 1971, No. 93, § 3, eff. April 22, 1971; 1971, No. 164 (Adj. Sess.), eff. March 21, 1972; 1975, No. 254 (Adj. Sess.), § 155; 1977, No. 78, § 1, eff. April 26, 1977; 1977, No. 106, § 2; 1979, No. 159 (Adj. Sess.), § 3; 1981, No. 222 (Adj. Sess.), § 2; 1983, No. 193 (Adj. Sess.), § 1, eff. April 27, 1984; 1985, No. 67, § 4; 1987, No. 76, §§ 1, 2, 18; 1987, No. 268 (Adj. Sess.), § 1, eff. June 21, 1988; 1989, No. 88, § 3; 1989, No. 98, § 4(a); 1989, No. 279 (Adj. Sess.), §§ 4, 8; 1991, No. 71, §§ 4, 4b; 1993, No. 48, §§ 1, 2, eff. June 1, 1993; 1993, No. 92, §§ 16, 17; 1993, No. 187 (Adj. Sess.), § 3, eff. Sept. 1, 1994; 1993, No. 221 (Adj. Sess.), § 4g; 1995, No. 48, § 1; 1995, No. 103 (Adj. Sess.), § 8; 1995, No. 141 (Adj. Sess.), § 9, eff. Apr. 30, 1996; 1997, No. 106 (Adj. Sess.), §§ 3, 4, eff. April 27, 1998; 1997, No. 155 (Adj. Sess.), § 32; 2001, No. 65, §§ 23, 24, 26; 2001, No. 133 (Adj. Sess.), § 2, eff. June 13, 2002; 2001, No. 143 (Adj. Sess.), §§ 52, 53, 54, eff. June 21, 2002; 2003, No. 82 (Adj. Sess.), § 4; 2003, No. 140 (Adj. Sess.), § 5; 2003, No. 163 (Adj. Sess.), § 19; 2005, No. 15, § 1; 2005, No. 65, § 1; 2007, No. 76, §§ 30, 30a; 2007, No. 122 (Adj. Sess.), § 1; 2007, No. 153 (Adj. Sess.), § 3; 2007, No. 176 (Adj. Sess.), § 5, eff. May 28, 2008; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 43, § 37, eff. May 27, 2009; 2009, No. 46, § 10b; 2009, No. 134 (Adj. Sess.), § 30; 2011, No. 139 (Adj. Sess.), § 4, eff. May 14, 2012; 2011, No. 161 (Adj. Sess.), § 1; 2013, No. 58, § 2, eff. June 3, 2013; 2013, No. 59, § 10; 2013, No. 172 (Adj. Sess.), § 6; 2015, No. 57, § 21; 2015, No. 58, § E.225.4; 2015, No. 64, § 44; 2015, No. 97 (Adj. Sess.), § 6; 2015, No. 149 (Adj. Sess.), § 45; 2015, No. 156 (Adj. Sess.), § 14a, eff. Jan. 1, 2017; 2015, No. 159 (Adj. Sess.), § 56; 2017, No. 77, § 7, eff. Jan. 1, 2018; 2017, No. 168 (Adj. Sess.), § 14; 2017, No. 181 (Adj. Sess.), § 7, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 8, eff. May 30, 2018; 2017, No. 194 (Adj. Sess.), § 8a, eff. July 1, 2019; 2019, No. 64, § 22, eff. June 17, 2019; 2021, No. 170 (Adj. Sess.), § 17, eff. July 1, 2022.)
(a) The Secretary, with the approval of the Governor, may appoint, outside the classified service, an executive assistant to serve at his or her pleasure, or designate the same from within the classified personnel of the Agency. The executive assistant shall perform such duties as the Secretary prescribes.
(b) The Secretary, with the approval of the Governor, shall designate his or her executive assistant or a commissioner to act in the event of a vacancy or in his or her absence. The provisions of subsections 253(d) and (e) of this title shall apply.
(Added 1969, No. 246 (Adj. Sess.), § 4(d), (g), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 4.)
(a) The Secretary, with the approval of the Governor, may transfer classified positions, excepting Department of Fish and Wildlife positions, between State departments and other components of the Agency, subject only to personnel laws and rules.
(b) The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriations were made, excepting Fish and Wildlife Funds, which shall remain separate and intact.
(Added 1969, No. 246 (Adj. Sess.), § 4(e), (f), eff. June 1, 1970; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)
(a) The primary duties of the Secretary are to coordinate the activities of the various departments and divisions of the Agency for the proper development, management, and preservation of Vermont’s natural resources, to develop policies for the proper and beneficial development, management, and preservation of resources in harmony with the State comprehensive planning program and to promote the effective application of these policies by the departments and divisions affected.
(b) The Secretary, with approval of the Governor, may direct the Commissioner of Finance and Management to pay monies from the outdoor recreation land and water conservation fund to State agencies or to a municipality for recreational projects in accordance with the conditions of Public Law 88-578.
(c) The Secretary may enter into contracts and agreements with agencies of the United States and furnish to the agencies reports and information necessary to enable their officials to perform their duties under Public Law 88-578, and amendments thereto.
(d) The Secretary may delegate authorities and duties assigned to him or her by statute, for the purpose of administering 10 V.S.A. chapters 55 and 159 and 24 V.S.A. chapter 120.
(e) Before acquiring any interest in real property, the Secretary shall offer to the legislative body of the municipality in which the real property is located the opportunity to meet, during which meeting the Secretary or his or her designee shall describe the proposed acquisition and answer questions raised by town officials or the general public, including questions concerning the impact of the proposed acquisition on local tax revenues. The municipality may hold a nonbinding referendum on the proposed acquisition, either at the discretion of the legislative body of the municipality or upon petition signed by five percent of the legal voters of the municipality and presented to the legislative body. The Secretary shall consider the results of any such referendum in making a final decision on whether to acquire the property.
(Added 1979, No. 159 (Adj. Sess.), § 11; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 276 (Adj. Sess.), § 29, eff. June 20, 1990; 2001, No. 149 (Adj. Sess.), § 84, eff. June 27, 2002.)
(a) The Secretary shall establish an environmental notice bulletin in order to provide for the timely public notification of permit applications, notices, comment periods, hearings, and permitting decisions. The bulletin shall consist of a website and an email notification system. The Secretary shall ensure that the website for the bulletin is readily accessible from the Agency’s main web page.
(1) When 10 V.S.A. chapter 170 requires the posting of information to the bulletin, the Secretary shall post the information to the bulletin’s website.
(2) When 10 V.S.A. chapter 170 requires notice to persons through the environmental notice bulletin, the bulletin shall generate an email notification to those persons containing the information required by that chapter.
(3) The Secretary shall provide members of the public the ability to register, through the bulletin, for a list of interested persons to receive email notification of permit activity based on permit type, municipality, proximity to a specified address, or a combination of these characteristics.
(4) If an individual does not have an email address, the individual may request to receive notifications through U.S. mail. On receipt of such a request, the Secretary shall mail to the individual the same information that the individual would have otherwise received through an email generated by the bulletin.
(b) The Secretary shall publish a permit handbook that lists all of the permits required for the programs administered by the Department of Environmental Conservation. The handbook shall include examples of activities that require certain permits, an explanation in lay terms of each of the permitting programs involved, and the names, addresses, and telephone numbers of the person or persons to contact for further information for each of the permitting programs. The Secretary shall update the handbook periodically.
(Added 1993, No. 232 (Adj. Sess.), § 23, eff. June 21, 1994; amended 2003, No. 115 (Adj. Sess.), § 5; 2015, No. 150 (Adj. Sess.), § 3, eff. Jan. 1, 2018.)
[Repealed]
2001, No. 133 (Adj. Sess.), § 14(b).
(a) Applicability. This section shall govern all applications for permits, certifications, or other authorizations, except for professional licenses, issued by the Department of Environmental Conservation or under 10 V.S.A. chapter 151.
(b) Determining project scope. An applicant for any permit, certification, or other authorization, except for a professional license, issued by the Department of Environmental Conservation or a District Environmental Commission may request to engage in a project scoping process. If a project scoping request is made, the Department of Environmental Conservation and, if appropriate, the District Coordinator shall prepare a project review sheet based on information submitted by the applicant. The project review sheet shall indicate:
(1) a brief description of the project and all permits necessary for the project;
(2) whether a land use permit is required by 10 V.S.A. chapter 151; and
(3) a project identification number assigned by the Secretary, for use on all applications, notices, permits, and decisions issued by the Secretary.
(c) Project review sheet. The project review sheet shall be prepared based on the information submitted by the project applicant. If, based on supplemental information, or for other good cause, the Secretary determines that a project will require other permits or the District Coordinator determines that a land use permit under chapter 151 of this title is required, notwithstanding the fact that the permit requirement did not appear on the initial project review sheet, the project review sheet shall be amended. Any failure by the applicant, Secretary, or a District Coordinator to identify on the project review sheet a required permit or authorization issued by the Secretary, or a land use permit issued under 10 V.S.A. chapter 151, shall not constitute a waiver of jurisdiction.
(d) Project scoping meeting. If the applicant elects to initiate a project scoping process upon completion of the project review sheet or submittal of the first permit application at either the local or State level, the applicant shall schedule a project scoping meeting.
(e) Notice of project scoping meeting. The applicant shall notice the proposed project scoping meeting, at least 30 days prior to the date of the meeting, by sending a copy of the project review sheet by first-class mail, postage prepaid, to each of the following: the owner of the land where the project is located if the applicant is not the owner; the municipality in which the project is located; the Municipal and Regional Planning Commissions for any municipality in which the project is located; if the project site is located on a boundary, any Vermont municipality adjacent to that boundary and the Municipal and Regional Planning Commissions for that municipality; any state agency identified on the project scoping sheet as being affected by the project; and all adjoining landowners and residents. In addition, the applicant shall ensure that this notice is published in a newspaper of general circulation in the area of the proposed project. The applicant shall furnish by affidavit to the Secretary the names of those furnished notice.
(f) Project scoping meeting. The applicant or a representative of the applicant shall be present at the meeting. The following persons should be present at the scoping meeting: the Secretary or the Secretary’s designee; the District Coordinator, if the proposed project will require a land use permit under 10 V.S.A chapter 151; and a representative of a local permitting authority or a member of the selectboard of the town in which the project is located, if no local permitting authority exists. No person who is to participate as a decision maker on a municipal panel that will consider an application related to the project that is subject of the scoping meeting may act as a municipal representative under this subsection. At the meeting, the applicant or a representative of the applicant shall present a description of the proposed project and be available for questions from the public concerning the proposed project. The purpose of the meeting shall be to provide public information and increase notice about the project, allow discussion of the proposed project, and identify potential issues at the beginning of the project review process. The applicant shall provide copies of the project review sheet to persons attending the meeting.
(Added 2003, No. 115 (Adj. Sess.), § 6; amended 2025, No. 18, § 19, eff. May 13, 2025.)
(a) Wind energy generation facilities can provide an important combination of environmental, energy, and economic benefits to the State. Given these benefits, and the fact that the State has allowed other types of facilities to be sited on State lands, it is reasonable to site wind energy generation facilities on State lands, including wind energy generation facilities that are of commercial scale, if such siting does not directly conflict with a specific restriction in federal or State law or with a specific restriction or covenant contained in a conveyance of an interest in the property to the State or one of its agencies or departments, and if sites for wind energy on State lands are chosen and developed in a manner that maximizes energy production and minimizes environmental and aesthetic impacts.
(b) The existing policy of the Agency, entitled “Wind Energy and Other Renewable Energy Development on ANR Lands” (Dec. 2004) (the existing policy) shall not bar the Agency from considering any proposal to construct a meteorological station or wind energy generation facility, including a wind energy generation facility of commercial scale, on lands that the Agency owns or controls. If the Agency receives such a proposal, the Agency shall review the proposal within a reasonably prompt period and provide the entity making the proposal with information regarding the feasibility of and potential constraints that may apply to the proposal. The Agency also shall consider the potential costs and benefits of the proposal to the State of Vermont, including any benefits or impacts that would be derived from leasing State lands to the entity making the proposal.
(c) On receipt of significant new information on the existing policy or on wind energy generation on State lands, the Agency shall undertake a review of that policy and determine if a change in the policy is warranted. During that review, the Agency shall solicit the comments and recommendations of wind energy developers, renewable energy organizations, and other potentially affected entities.
(d) No later than February 15, 2010, the Agency shall report to the House and Senate Natural Resources and Energy Committees on at least each of the following:
(1) The Agency shall identify whether significant new information on the existing policy or on wind energy generation on State lands was received by the Agency after April 2, 2009.
(2) The Agency shall state whether, after April 2, 2009, it undertook a review of the existing policy.
(3) If the Agency undertook a review of the existing policy after April 2, 2009, the Agency shall summarize each conclusion reached by the Agency as a result of that review and the reasons for each such conclusion.
(4) The Agency shall state whether, after April 2, 2009, it made any changes in the existing policy and summarize each such change.
(5) The Agency shall state whether it has received any proposals for construction and operation of meteorological stations or wind energy generation facilities on State lands.
(6) If the Agency received any proposals for construction and operation of meteorological stations or wind energy generation facilities on State lands, the Agency shall provide a summary of each such proposal and the Agency’s response to each such proposal.
(Added 2009, No. 45, § 8, eff. May 27, 2009.)
The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. The term of the commissioner shall be concurrent with that of the Secretary.
(Added 1969, No. 246 (Adj. Sess.), § 5(a), eff. June 1, 1970.)
(a) The commissioner shall, with approval of the Secretary, determine the policies of the department and may exercise the powers and shall perform the duties required for its effective administration.
(b) In addition to other duties imposed by law, the commissioner shall:
(1) administer the laws assigned to the department;
(2) coordinate and integrate the work of the divisions; and
(3) supervise and control all staff functions.
(Added 1969, No. 246 (Adj. Sess.), § 5(b), (c), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 5.)
The commissioner, with the approval of the Secretary, may:
(1) Transfer appropriations or parts thereof within or between divisions and branches, consistent with the purposes for which the appropriations were made.
(2) Transfer classified positions within or between divisions subject only to State personnel laws and rules.
(3) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.
(4) Submit plans and reports, and in other respects comply with federal law and regulations that pertain to programs administered by the department.
(5) Adopt rules consistent with law for the internal administration of the department and its programs.
(6) Appoint a deputy commissioner. The provisions of subsections 253(d) and (e) of this title shall apply.
(7) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers.
(8) Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places.
(9) Organize, reorganize, transfer, or abolish divisions, staff functions, or sections within the department. This authority shall not extend to divisions or other bodies created by law.
(Added 1969, No. 246 (Adj. Sess.), § 5(d), eff. June 1, 1970; amended 2025, No. 18, § 19, eff. May 13, 2025.)
(a) A director shall administer each division within the Agency. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions that are part of a department, and the Secretary shall appoint any other directors. All directors shall be appointed subject to the provisions of section 15 of this act.
(b) Each division and its officers shall be under the direction and control of the commissioner or the Secretary, except with regard to judicial or quasi-judicial acts or duties vested in them by law.
(c) No regulation may be issued by a director of a division without the approval of the commissioner or his or her designee and the Secretary.
(Added 1969, No. 246 (Adj. Sess.), § 6(a), (c), (d), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 6.)
The Department of Fish and Wildlife is reconstituted within the Agency of Natural Resources as the successor to and the continuation of the Department of Fish and Wildlife. Fish and wildlife funds shall be used only for the purposes of the Department.
(Added 1969, No. 246 (Adj. Sess.), § 7, eff. June 1, 1970; amended 1983, No. 158 (Adj. Sess.), eff. April 3, 1984; 1987, No. 76, § 18.)
The Department of Forests, Parks and Recreation is reconstituted within the Agency of Natural Resources as the successor to and the continuation of the Department of Forests and Parks and the Division of Recreation, including the Board of Forests, Parks and Recreation with jurisdiction over Camel’s Hump Forest Reserve Commission, Northeast Forest Fire Protection Commission, and the Forest Resource Advisory Council.
(Added 1969, No. 246 (Adj. Sess.), § 8, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 7; 1987, No. 76, § 18.)
(a) The Department of Environmental Conservation is created within the Agency of Natural Resources. The Department is the successor to and continuation of the Department of Water Resources and Environmental Engineering and shall administer the Water Resources Programs contained in Title 10, air pollution control and abatement as provided in 10 V.S.A. chapter 23, and waste disposal as provided in 10 V.S.A. chapter 159.
(b) The Department may perform design and construction supervision services for major maintenance and capital construction projects for the Agency and all of its components.
(c) [Repealed.]
(d) Nothing in this section shall prevent the Commissioner of Public Safety from exercising the Commissioner’s authority to regulate public buildings.
(e), (f) [Repealed.]
(g) There is created within the Department of Environmental Conservation the Small Business Technical and Environmental Compliance Assistance Program. This Program shall include each element specified in section 507(a) of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and shall also be authorized to assist small businesses in similar fashion with regard to their obligations under all other environmental legislation administered by the Department.
(h) [Repealed.]
(Added 1969, No. 246 (Adj. Sess.), § 11, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 8; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1983, No. 193 (Adj. Sess.), § 2, eff. April 27, 1984; 1987, No. 76, §§ 15, 16; 1987, No. 268 (Adj. Sess.), § 2, eff. June 21, 1988; 1991, No. 100, § 10; 1993, No. 92, § 9; 2001, No. 94 (Adj. Sess.), § 1, eff. May 2, 2002; 2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 135 (Adj. Sess.), § 26(2)(D); 2015, No. 97 (Adj. Sess.), § 7; 2017, No. 190 (Adj. Sess.), § 22, eff. May 28, 2018; 2021, No. 52, § 7, eff. June 3, 2021; 2023, No. 6, § 6, eff. July 1, 2023.)
[Repealed]
1983, No. 193 (Adj. Sess.), § 9, eff. April 27, 1984.
[Repealed]
1979, No. 159 (Adj. Sess.), § 21.
(a) The Administrative Services Division of the Agency is created. It shall be administered by a Director of Administrative Services who shall be in the classified service.
(b) The Administrative Services Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:
(1) personnel administration;
(2) coordination of financing and accounting activities;
(3) coordination of filing and records maintenance activities;
(4) provision of facilities, office space, and equipment and the care thereof;
(5) requisitioning from the Department of Buildings and General Services of the Agency of Administration of supplies, equipment, and other requirements;
(6) management improvement services; and
(7) other administrative functions assigned to it by the Secretary.
(c) Other provisions of law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Administrative Services Division.
(Added 1969, No. 246 (Adj. Sess.), § 13, eff. June 1, 1970; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)
(a) The Planning Division of the Agency is created. It shall be administered by a Director of Planning.
(b) The Planning Division shall be responsible for:
(1) centralized strategic planning for all components of the Agency;
(2) coordination of professional and technical planning of the line components of the Agency, aiming towards maximum service to the public;
(3) coordinating activities and plans of the Agency with other major agencies and the Governor’s office;
(4) preparing multi-year plans and long-range plans and programs to meet problems and opportunities for service to the public; and
(5) other planning functions assigned to it by the Secretary.
(c) [Repealed.]
(Added 1969, No. 246 (Adj. Sess.), § 14, eff. June 1, 1970; amended 1975, No. 254 (Adj. Sess.), § 144; 1977, No. 113, § 356; 1989, No. 245 (Adj. Sess.), § 6.)
[Repealed]
2003, No. 115 (Adj. Sess.), § 119(b), eff. January 1, 2005.
The Division of Geology and Mineral Resources is created. It shall be administered by a director who shall be the State Geologist.
(Added 1989, No. 245 (Adj. Sess.), § 2.)
In this chapter, the following words mean:
(1) Agency: The Agency of Human Services.
(2) Department: A major component of the Agency.
(3) Director: The head of a division of the Agency.
(4) Division: A major component of a department engaged in furnishing services to the public or to units of government at levels other than the State level.
(5) Commissioner: The head of a department responsible to the Secretary for the administration of the department.
(6) Secretary: The head of the Agency, a member of the Governor’s Cabinet and responsible to the Governor for the administration of the Agency.
(Added 1969, No. 272 (Adj. Sess.), § 1, eff. Jan. 10, 1971.)
(a) An Agency of Human Services is created consisting of the following:
(1) The Department of Corrections.
(2) The Department for Children and Families.
(3) The Department of Health.
(4) The Department of Disabilities, Aging, and Independent Living.
(5) The Human Services Board.
(6) The Department of Vermont Health Access.
(7) The Department of Mental Health.
(b) The following units are attached to the Agency for administrative support:
(1)-(17) [Repealed.]
(18) Governor’s Committee on Employment of People with Disabilities.
(19), (20) [Repealed.]
(c) Units attached to the Agency for administrative support shall receive, and shall use, the services provided by the Administrative Services Division of the Agency under section 3086 of this title.
(Added 1969, No. 272 (Adj. Sess.), § 2, eff. Jan. 10, 1971; amended 1971, No. 53, § 3; 1971, No. 198 (Adj. Sess.), § 1, eff. March 31, 1972; 1973, No. 101, § 3; 1973, No. 174 (Adj. Sess.), § 3; 1973, No. 236 (Adj. Sess.), § 2; 1973, No. 258 (Adj. Sess.), § 2; 1973, No. 267 (Adj. Sess.), § 8; 1975, No. 111, § 5; 1975, No. 247 (Adj. Sess.), § 2; 1983, No. 130 (Adj. Sess.), § 2; 1989, No. 187 (Adj. Sess.), § 2; 1989, No. 219 (Adj. Sess.), § 9(a); 1989, No. 221 (Adj. Sess.), § 11; 1995, No. 174 (Adj. Sess.), § 3; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 122 (Adj. Sess.), § 106; 2005, No. 45, § 1; 2005, No. 148 (Adj. Sess.), § 54; 2007, No. 15, § 2; 2009, No. 156 (Adj. Sess.), § I.5; 2013, No. 96 (Adj. Sess.), § 8; 2013, No. 179 (Adj. Sess.), § E.342.8.)
(a) All boards and commissions that under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards and commissions, including administrative, policy making, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.
(b) [Repealed.]
(Added 1969, No. 272 (Adj. Sess.), § 3, eff. Jan. 10, 1971; amended 2023, No. 53, § 8, eff. June 8, 2023.)
The Secretary; Deputy Secretary; commissioners; deputy commissioners; attorneys; Directors of the Offices of State Economic Opportunity and of Child Support; and all members of boards, committees, commissions, or councils attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by law, all other positions shall be within the classified service.
(Added 1969, No. 272 (Adj. Sess.), § 6(b), eff. Jan. 10, 1971; amended 1979, No. 110 (Adj. Sess.); 1981, No. 12, eff. March 27, 1981; 1989, No. 219 (Adj. Sess.), § 9(a), (c); 1993, No. 227 (Adj. Sess.), § 9; 2005, No. 45, § 2; 2009, No. 156 (Adj. Sess.), § I.6; 2021, No. 115 (Adj. Sess.), § 1, eff. July 1, 2022.)
(a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.
(b) [Repealed.]
(Added 1969, No. 272 (Adj. Sess.), § 4(a), (c), eff. Jan. 10, 1971; amended 1971, No. 191 (Adj. Sess.), § 16.)
The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency.
(Added 1969, No. 272 (Adj. Sess.), § 4(b), eff. Jan. 10, 1971; amended 2009, No. 33, § 9.)
(a) The Secretary of Human Services shall compile a grants inventory using the Department of Finance and Management’s master list of all grants awarded during the prior fiscal year by the Agency or any of its departments to any public and private entities. The inventory should reflect:
(1) the date and title of the grant;
(2) the amount of federal and State funds committed during the prior fiscal year;
(3) a summary description of each grant;
(4) the recipient of the grant;
(5) the department responsible for making the award;
(6) the major Agency program served by the grant;
(7) the existence or nonexistence in the grant of performance measures;
(8) the scheduled expiration date of the grant;
(9) the number of people served by each grant;
(10) the length of time the entity has had the grant; and
(11) the indirect rate of the entity.
(b) Annually, on or before January 15, the Agency shall submit the inventory to the General Assembly in an electronic format.
(c) The Secretary of Human Services and the Chief Performance Officer shall report to the Government Accountability Committee in September of each year and to the House and Senate Committees on Appropriations annually, on or before January 15, regarding the progress of the Agency in improving grant management in regard to:
(1) compilation of the inventory required in subsection (a) of this section;
(2) establishing a drafting template to achieve common language and requirements for all grant agreements, to the extent that it does not conflict with Agency of Administration Bulletin 5 — Policy for Grant Issuance and Monitoring or federal requirements contained in 2 C.F.R. Chapter I, Chapter II, Part 200, including:
(A) a specific format covering expected goals and clear concise performance measures that demonstrate results and that are attached to each goal; and
(B) providing both community organizations and the Agency the same point of reference in assessing how the grantees are meeting expectations in terms of performance;
(3) executing Designated Agency Master Grant agreements using the new drafting template;
(4) executing grant agreements with other grantees using the new drafting template; and
(5) progress in improving the overall timeliness of executing agreements.
(Added 2015, No. 172 (Adj. Sess.), § E.300.1.)
(a) The Secretary, with the approval of the Governor, may appoint a deputy to serve at his or her pleasure and to perform such duties as the Secretary may prescribe. The Deputy shall be exempt from the classified service. The appointment shall be in writing and shall be filed in the Office of the Secretary of State.
(b) The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary’s absence. In case a vacancy occurs in the office of the Secretary, the Deputy shall assume and discharge the duties of office until the vacancy is filled.
(Added 1969, No. 272 (Adj. Sess.), § 4(d), eff. Jan. 10, 1971; amended 1987, No. 243 (Adj. Sess.), § 24, eff. June 13, 1988.)
The Secretary, with the approval of the Governor, may create such advisory councils or committees as he or she deems necessary within the Agency, and appoint their members for terms not exceeding his or hers.
(Added 1969, No. 272 (Adj. Sess.), § 4(g), eff. Jan. 10, 1971.)
(a) The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules.
(b) The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriation was made.
(Added 1969, No. 272 (Adj. Sess.), § 4(e), (f), eff. Jan. 10, 1971.)
(a)(1) The Secretary of Human Services, the Secretary of Education, and the President of the University of Vermont shall establish a research partnership to study and make recommendations for improving the effectiveness of State and local health, human services, and education programs.
(2) The research partnership shall recommend critical program goals that support the relevant population-level outcomes for children, families, and individuals set forth in 3 V.S.A. § 2311.
(b) The Secretaries of Human Services and of Education shall collaborate with regional partnerships for children, families, and individuals in each of the geographical regions of the State. Regional partnerships consist of citizens; consumers of health, human services, and education programs; family members; governmental agencies; and nongovernmental organizations providing health, education, and human services; economic development representatives and business leaders; and any other individuals and groups who can contribute to the activities of the regional partnership. Regional partnerships shall develop and implement local strategies for improving the social well-being of Vermonters and shall advise the Agencies of Human Services and of Education concerning effective implementation of State and local health, human services, and education programs.
(c) The Secretaries of Human Services and of Education shall collaborate with the State team for children, families, and individuals, consisting of representatives of the agencies and departments of State government that serve children, families, and individuals; State coordinators of interagency teams; directors of private sector service and advocacy organizations; institutions of higher education; coordinators for the regional partnerships; and any other individual or group who can contribute to the activities of the State team. The State team shall support the activities of the regional partnerships and participate in the development and implementation of State policies and programs designed to improve the well-being of Vermonters.
(d) [Repealed.]
(Added 2001, No. 63, § 97; amended 2001, No. 142 (Adj. Sess.), § 119; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2013, No. 92 (Adj. Sess.), §§ 248, 302, eff. Feb. 14, 2014; 2015, No. 11, § 3.)
(a) The Director of Health Care Reform in the Agency of Human Services shall be responsible for the coordination of health care system reform efforts among Executive Branch agencies, departments, and offices and for coordinating with the Green Mountain Care Board established in 18 V.S.A. chapter 220.
(b) On or before February 15 annually, the Agency of Human Services shall provide an update to the House Committee on Health Care and the Senate Committee on Health and Welfare regarding all of the following:
(1) The status of the Agency’s efforts to develop, update, and implement the Statewide Health Care Delivery Strategic Plan in accordance with 18 V.S.A. § 9403. The Agency shall adopt an evaluation framework using an evidence-based approach to assess both the effectiveness of Plan development and implementation and the Plan’s overall impact. The evaluation shall include identifying what was accomplished, how well it was executed, and the benefits to specific cohorts within Vermont’s health care system, and the Agency shall include updated evaluation results annually as part of its report.
(2) The activities of the Health Care Delivery Advisory Committee established pursuant to 18 V.S.A. § 9403a during the previous calendar year.
(3) The effects of the Statewide Health Care Delivery Strategic Plan, the efforts and activities of the Health Care Delivery Advisory Committee, and other efforts and activities engaged in or directed by the Agency on increasing access to care, improving the quality of care, and reducing the cost of care in Vermont.
(Added 2017, No. 85, § E.300.2, eff. June 28, 2017; amended 2025, No. 68, § 15, eff. June 12, 2025.)
(a) The Agency of Human Services shall be responsible for the development and, upon approval from the Secretary of the U.S. Department of Health and Human Services, the implementation and administration of a wholesale prescription drug importation program that complies with the applicable requirements of 21 U.S.C. § 384, including the requirements regarding safety and cost savings.
(b) The Secretary of Human Services may adopt rules pursuant to chapter 25 of this title as needed to develop, implement, and administer the program.
(Added 2019, No. 72, § E.300.6.)
(a) The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and shall serve at the pleasure of the Secretary.
(b) For the Department of Health, the Secretary, with the approval of the Governor, shall appoint deputy commissioners for the following divisions of the Department:
(1) Public Health; and
(2) Substance Abuse.
(c) For the Department for Children and Families, the Secretary, with the approval of the Governor, shall appoint deputy commissioners for the following divisions of the Department:
(1) Economic Services;
(2) Child Development; and
(3) Family Services.
(d) For the Department of Vermont Health Access, the Secretary, with the approval of the Governor, shall appoint deputy commissioners for the following divisions of the Department:
(1) Medicaid Health Services and Managed Care;
(2) Medicaid Policy, Fiscal, and Support Services;
(3) Health Care Reform; and
(4) Vermont Health Benefit Exchange.
(e) Deputy commissioners shall be exempt from the classified service. Their appointments shall be in writing and shall be filed in the Office of the Secretary of State.
(Added 1969, No. 272 (Adj. Sess.), § 5(a), eff. Jan. 10, 1971; amended 2003, No. 122 (Adj. Sess.), § 106a; 2005, No. 45, § 3; 2007, No. 15, § 3; 2007, No. 172 (Adj. Sess.), § 1; 2011, No. 63, § E.306.1.)
(a) The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.
(b) In addition to other duties imposed by law, the commissioner shall:
(1) administer the laws assigned to the department;
(2) coordinate and integrate the work of the divisions; and
(3) supervise and control all staff functions.
(Added 1969, No. 272 (Adj. Sess.), § 5(b), (c), eff. Jan. 10, 1971.)
The commissioner may, with the approval of the Secretary:
(1) Transfer appropriations or parts thereof within or between divisions, consistent with the purposes for which the appropriation was made.
(2) Transfer classified positions within or between divisions subject only to State personnel laws and regulations.
(3) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.
(4) Submit plans and reports, and in other respects comply with federal law and regulations that pertain to programs administered by the department.
(5) Make regulations consistent with law for the internal administration of the department and its programs.
(6) Appoint a deputy commissioner.
(7) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding that of the commissioner.
(8) Provide training and instructions for any employees of the department, at the expense of the department, in educational institutions or other places.
(9) Organize, reorganize, transfer, or abolish divisions, staff functions, or sections within the department. This authority shall not extend to divisions or other bodies created by law.
(Added 1969, No. 272 (Adj. Sess.), § 5(d), eff. Jan. 10, 1971.)
(a) A director shall administer each division within the Agency. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions that are part of a department, and the Secretary shall appoint any other directors. All directors shall be appointed subject to the provisions of section 14 of this act.
(b) Each division and its officers shall be under the direction and control of the appointing authority except with regard to judicial or quasi-judicial acts or duties vested in them by law.
(c) No rule or regulation may be issued by a director of a division without the approval of the appointing authority.
(Added 1969, No. 272 (Adj. Sess.), § 6(a), (c), (d), eff. Jan. 10, 1971.)
The Department of Corrections is created within the Agency of Human Services as the successor to and the continuation of the Department of Corrections.
(Added 1969, No. 272 (Adj. Sess.), § 7, eff. Jan. 10, 1971.)
The Department of Health is created within the Agency of Human Services as the successor to and the continuation of the Department of Health.
(Added 1969, No. 272 (Adj. Sess.), § 9, eff. Jan. 10, 1971; amended 1987, No. 76, § 18; 1995, No. 113 (Adj. Sess.), § 1; 2003, No. 122 (Adj. Sess.), § 106b; 2007, No. 15, § 4.)
[Repealed]
2013, No. 131 (Adj. Sess.), § 98, effective May 20, 2014.
(a) The Department for Children and Families is created within the Agency of Human Services as the successor to and the continuation of the Department of Social and Rehabilitation Services; the Department of Prevention, Assistance, Transition, and Health Access, excluding the Department of Vermont Health Access; the Office of Economic Opportunity; and the Office of Child Support. The Department shall also include a Division of Child Development Programs.
(b) An investigations unit is created within the Department for Children and Families as the successor to and continuation of the investigation functions of the Social Services Division of the Department of Social and Rehabilitation Services under 33 V.S.A. chapter 49.
(Added 1969, No. 272 (Adj. Sess.), § 10, eff. Jan. 10, 1971; amended 1973, No. 152 (Adj. Sess.), § 1, eff. April 14, 1974; 1977, No. 208 (Adj. Sess.), § 3; 1983, No. 221 (Adj. Sess.), § 1; 1989, No. 219 (Adj. Sess.), § 8a; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 122 (Adj. Sess.), § 106c; 2009, No. 156 (Adj. Sess.), § I.7.)
[Repealed]
2005, No. 174 (Adj. Sess.), § 140(1).
The Department of Disabilities, Aging, and Independent Living is created within the Agency of Human Services as the successor to and continuation of the Department of Aging and Disabilities, the Developmental Services Division of the Department of Developmental and Mental Health Services, and the personal care and hi-tech programs in the former Department of Prevention, Assistance, Transition, and Health Access to manage programs and to protect the interests of older Vermonters and Vermonters with disabilities. It shall serve as the State unit on aging, as provided by the Older Americans Act of 1965, as amended, and it shall serve as the administrative home within the Agency of Human Services for the designated State agencies for federal Vocational Rehabilitation and Independent Living Programs, as provided by the Rehabilitation Act of 1973, as amended.
(Added 1989, No. 219 (Adj. Sess.), § 1; amended 2003, No. 122 (Adj. Sess.), § 106d; 2005, No. 45, § 4; 2005, No. 174 (Adj. Sess.), § 5.)
(a) The Commission on Alzheimer’s Disease and Related Disorders is created.
(b) The Commission shall be composed of 21 members: the Commissioners of Disabilities, Aging, and Independent Living and of Health or designees, the Executive Director of Blueprint for Health or designee, one Senator chosen by the Senate Committee on Committees, one Representative chosen by the Speaker of the House, and 16 members appointed by the Governor. The members appointed by the Governor shall represent the following groups and organizations: physicians; social workers; hospitals and nursing home managers, including the administrators of the Vermont Veterans’ Home; the clergy; adult day center providers; registered nurses; residential care home operators; family care providers; the home health agency; the legal profession; mental health service providers; the area agencies on aging; University of Vermont’s Center on Aging; the Support and Services at Home (SASH) program; and the Alzheimer’s Association. The members appointed by the Governor shall have direct expertise or experience working with or caring for individuals impacted by Alzheimer’s disease and related disorders, expertise in clinical and medical research on Alzheimer’s disease and related disorders, or knowledge of health systems and policies to equitably address Alzheimer’s disease and related disorders and shall represent, to the degree possible, the five regions of the State.
(c) Eight of the members appointed by the Governor shall serve terms of two years and eight of the members shall serve terms of three years. Members shall serve until their successors are appointed. Members may serve more than one term.
(d)(1) For attendance at meetings during adjournment of the General Assembly, legislative members of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 2 V.S.A. § 23 for not more than four meetings.
(2) Members of the Commission who are not employees of the State of Vermont and who are not otherwise compensated or reimbursed for their attendance shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010 for not more than four meetings per year. Payment to the members shall be from the appropriation to the Department of Disabilities, Aging, and Independent Living.
(e) Annually, the Commission shall elect its chair and other officers from among its membership and meet upon the call of the Chair or a majority of its membership.
(f) The Commission shall advise State agencies on matters of State policy relating to Alzheimer’s disease and other dementia-related disorders in Vermont for both the public and private sectors. The Commission shall:
(1) Evaluate the adequacy of existing services to individuals with Alzheimer’s disease and other dementia-related disorders and their families and conduct studies to identify gaps in these services. These studies may include access to mental health-related services and support for services to families of individuals with Alzheimer’s disease.
(2) Identify strategies and recommend resources to expand existing services.
(3) Review or participate in the development of laws, rules, and other governmental initiatives that may affect individuals with Alzheimer’s disease and other dementia-related disorders, and their families.
(4) Provide advice regarding revisions, coordination of services, accountability, and appropriations.
(5) Support the development of expanded community recognition, understanding, and capacity to meet the needs of individuals with Alzheimer’s disease and dementia-related disorders. This may include development of new technologies to improve access to information for caregivers and practitioners who provide services throughout the State and identification of new models of service and activities related to expansion of community access to information, education, and service.
(6) Advise and provide written comments to the Departments of Health and of Disabilities, Aging, and Independent Living regarding the development of the State Plan on Aging as it relates to Alzheimer’s disease and dementia pursuant to 33 V.S.A. § 6206 and other relevant plans.
(g) The Department of Disabilities, Aging, and Independent Living shall provide the Commission with administrative support.
(h) Annually, on or before January 15, the Commission shall submit a written report to the House Committee on Human Services and to the Senate Committee on Health and Welfare with its findings and any recommendations for legislative action.
(Added 1999, No. 57, § 1, eff. June 1, 1999; amended 2005, No. 174 (Adj. Sess.), § 6; 2011, No. 7, § 1, eff. April 18, 2011; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 28, § 1, eff. May 26, 2015; 2017, No. 120 (Adj. Sess.), § 1; 2021, No. 113 (Adj. Sess.), § 1, eff. July 1, 2022.)
[Repealed]
2019, No. 128 (Adj. Sess.), § 2.
(a) The Operations Division of the Agency is created. It shall be administered by a Director of Administration.
(b) The Operations Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:
(1) personnel administration;
(2) financing and accounting activities;
(3) coordination of filing and records maintenance activities;
(4) provision of facilities, office space, and equipment and the care thereof;
(5) requisitioning from the Department of Buildings and General Services of the Agency of Administration, of supplies, equipment, and other requirements;
(6) management improvement services;
(7) training;
(8) information systems and technology; and
(9) other administrative functions assigned to it by the Secretary.
(c) Other provisions of the law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Operations Division.
(d) [Repealed.]
(Added 1969, No. 272 (Adj. Sess.), § 12, eff. Jan. 10, 1971; amended 1981, No. 108, § 322; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1997, No. 61, § 267; 1997, No. 155 (Adj. Sess.), § 13; 2003, No. 122 (Adj. Sess.), § 106e; 2005, No. 6, § 84, eff. March 26, 2005; 2005, No. 174 (Adj. Sess.), § 7.)
(a) The Planning Division of the Agency is created. It shall be administered by a Director of Planning. The Secretary shall appoint the Director.
(b) The Planning Division shall be responsible for:
(1) centralized strategic planning for all components of the Agency;
(2) coordination of professional and technical planning of the line components of the Agency, aiming toward maximum service to the public;
(3) coordinating activities and plans of the Agency with other major agencies and the Governor’s office;
(4) preparing multiyear plans and long-range plans and programs to meet problems and opportunities for service to the public; and
(5) other planning functions assigned to it by the Secretary.
(Added 1969, No. 272 (Adj. Sess.), § 13, eff. Jan. 10, 1971.)
The Division of Field Services is created within the Agency of Human Services. The Division shall be headed by a director who shall be exempt from the classified service and who shall be appointed by the Secretary of Human Services.
(Added 2007, No. 172 (Adj. Sess.), § 2.)
The Department of Vermont Health Access is created within the Agency of Human Services.
(Added 2003, No. 122 (Adj. Sess.), § 106f; amended 2009, No. 156 (Adj. Sess.), § I.8.)
The Department of Mental Health is created within the Agency of Human Services as the successor to and the continuation of the Division of Mental Health Services of the Department of Health. The Department of Mental Health shall be responsible for the operation of the Vermont State Hospital or its successor in interest as defined in subdivision 455(28) of this title.
(Added 2007, No. 15, § 5; amended 2011, No. 79 (Adj. Sess.), § 13, eff. April 4, 2012.)
(a) The Human Services Board is created within the Agency of Human Services as the successor to and the continuation of the present Social Welfare Board. It consists of seven members. The Governor, with the advice and consent of the Senate, shall appoint members for terms of six years so that not more than three terms expire in the same biennium. The Governor shall designate the Board’s Chair.
(b) The duties of the Board shall be to act as a Fair Hearing Board on appeals brought pursuant to section 3091 of this title.
(c) The Board shall hold meetings at times and places warned by the Chair on his or her own initiative or upon request of two Board members or the Governor. Four members shall constitute a quorum, except that three members shall constitute a quorum at any meeting upon the written authorization of the Chair issued in connection with that meeting.
(d) With the approval of the Governor the Board may appoint one or more hearing officers, who shall be outside the classified service, and it may employ such secretarial assistance as it deems necessary in the performance of its duties.
(e) On or before January 15 of each year, the Board shall report to the House Committees on Human Services and on Health Care and the Senate Committees on Appropriations and on Health and Welfare regarding the fair hearings conducted by the Board during the three preceding calendar years, including:
(1) the total number of fair hearings conducted over the three-year period and per year;
(2) the number of hearings per year involving appeals of decisions by the Agency itself and each department within the Agency, with the appeals and decisions relating to health insurance through the Vermont Health Benefit Exchange reported distinctly from other programs;
(3) the number of hearings per year based on appeals of decisions regarding:
(A) eligibility;
(B) benefits;
(C) coverage;
(D) financial assistance;
(E) child support; and
(F) other categories of appeals;
(4) the number of hearings per year based on appeals of decisions regarding each State program over which the Board has jurisdiction;
(5) the number of decisions per year made in favor of the appellant; and
(6) the number of decisions per year made in favor of the department or the Agency.
(Added 1973, No. 101, § 4; amended 2013, No. 161 (Adj. Sess.), § 72; 2013, No. 179 (Adj. Sess.), § E.304; 2017, No. 154 (Adj. Sess.), § 8, eff. May 21, 2018.)
(a) An applicant for or a recipient of assistance, benefits, or social services from the Departments for Children and Families; of Vermont Health Access; of Disabilities, Aging, and Independent Living; or of Mental Health, or of the Department of Health’s Women, Infant, and Children program, or an applicant for a license from one of those departments, except for the Department of Health, or a licensee may file a request for a fair hearing with the Human Services Board. An opportunity for a fair hearing will be granted to any individual requesting a hearing because the individual’s claim for assistance, benefits, or services is denied, or is not acted upon with reasonable promptness; or because the individual is aggrieved by any other Agency action affecting the individual’s receipt of assistance, benefits, or services, or license or license application; or because the individual is aggrieved by Agency policy as it affects the individual’s situation.
(b) The hearing shall be conducted by the Board or by a hearing officer appointed by the Board. The Chair of the Board may compel, by subpoena, the attendance and testimony of witnesses and the production of books and records. All witnesses shall be examined under oath. The Board shall adopt rules with reference to appeals, which shall not be inconsistent with this chapter. The rules shall provide for reasonable notice to parties, and an opportunity to be heard and be represented by counsel.
(c) The Board or the hearing officer shall issue written findings of fact. If the hearing is conducted by a hearing officer, the hearing officer’s findings shall be reported to the Board, and the Board shall approve the findings and adopt them as the findings of the Board unless good cause is shown for disapproving them. Whether the findings are made by the Board, or by a hearing officer and adopted by the Board, the Board shall enter its order based on the findings.
(d) After the fair hearing, the Board may affirm, modify, or reverse decisions of the Agency; it may determine whether an alleged delay was justified; and it may make orders consistent with this title requiring the Agency to provide appropriate relief including retroactive and prospective benefits. The Board shall consider, and shall have the authority to reverse or modify, decisions of the Agency based on rules that the Board determines to be in conflict with State or federal law. The Board shall not reverse or modify Agency decisions that are determined to be in compliance with applicable law, even though the Board may disagree with the results effected by those decisions.
(e)(1) The Board shall give written notice of its decision to the person applying for fair hearing and to the Agency.
(2) Unless a continuance is requested or consented to by an aggrieved person, decisions and orders concerning Temporary Assistance to Needy Families (TANF) under 33 V.S.A. chapter 11, TANF-Emergency Assistance (TANF-EA) under Title IV of the Social Security Act, and medical assistance (Medicaid) under 33 V.S.A. chapter 19 shall be issued by the Board within 75 days after the request for hearing.
(3) Notwithstanding any provision of subsection (c) or (d) or subdivision (1) of this subsection (e) to the contrary, in the case of an expedited Medicaid fair hearing, the Board shall delegate both its fact-finding and final decision-making authority to a hearing officer, and the hearing officer’s written findings and order shall constitute the Board’s decision and order in accordance with timelines set forth in federal law.
(f) The Agency or the appellant may appeal from decisions of the Board to the Supreme Court under V.R.A.P. 13. Pending the final determination of any appeal, the terms of the order involved shall be given effect by the Agency except insofar as they relate to retroactive benefits.
(g) A party to an order or decree of the Board or the Board itself, or both, may petition the Supreme Court for relief against any disobedience of or noncompliance with the order or decree. In the proceedings and upon such notice thereof to the parties as it shall direct, the Supreme Court shall hear and consider the petition and make such order and decree in the premises by way of writ of mandamus, writ of prohibition, injunction, or otherwise, concerning the enforcement of the order and decree of the Board as shall be appropriate.
(h)(1) Notwithstanding subsections (d) and (f) of this section, the Secretary shall review all Board decisions and orders concerning TANF, TANF-EA, Office of Child Support Cases, Medicaid, and the Vermont Health Benefit Exchange. The Secretary shall:
(A) adopt a Board decision or order, except that the Secretary may reverse or modify a Board decision or order if:
(i) the Board’s findings of fact lack any support in the record; or
(ii) the decision or order misinterprets or misapplies State or federal policy or rule; and
(B) issue a written decision setting forth the legal, factual, or policy basis for reversing or modifying a Board decision or order.
(2) Notwithstanding subsections (d) and (f) of this section, a Board decision and order concerning TANF, TANF-EA, Office of Child Support, Medicaid, and the Vermont Health Benefit Exchange shall become the final and binding decision of the Agency upon its approval by the Secretary. The Secretary shall either approve, modify, or reverse the Board’s decision and order within 15 days of the date of the Board decision and order. If the Secretary fails to issue a written decision within 15 days as required by this subdivision, the Board’s decision and order shall be deemed to have been approved by the Secretary.
(3) Notwithstanding subsection (f) of this section, only the claimant may appeal a decision of the Secretary to the Supreme Court. Such appeals shall be pursuant to V.R.A.P. 13. The Supreme Court may stay the Secretary’s decision upon the claimant’s showing of a fair ground for litigation on the merits. The Supreme Court shall not stay the Secretary’s order insofar as it relates to a denial of retroactive benefits.
(i) In the case of an appeal of a Medicaid covered service decision made by the Department of Vermont Health Access or any entity with which the Department of Vermont Health Access enters into an agreement to perform service authorizations that may result in an adverse benefit determination, the right to a fair hearing granted by subsection (a) of this section shall be available to an aggrieved beneficiary only after that individual has exhausted, or is deemed to have exhausted, the Department of Vermont Health Access’s internal appeals process and has received a notice that the adverse benefit determination was upheld.
(Added 1973, No. 101, § 5; amended 1989, No. 181 (Adj. Sess.); 1989, No. 219 (Adj. Sess.), § 9(a); 1993, No. 105, § 1; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 8; 2007, No. 15, § 6; 2007, No. 172 (Adj. Sess.), § 3; 2009, No. 156 (Adj. Sess.), § I.9; 2015, No. 172 (Adj. Sess.), § E.304; 2017, No. 210 (Adj. Sess.), § 13, eff. June 1, 2018; 2019, No. 131 (Adj. Sess.), § 4; 2023, No. 113 (Adj. Sess.), § C.104, eff. May 23, 2024.)
[Repealed]
1989, No. 221 (Adj. Sess.), § 21(a)(1), eff. Oct. 1, 1990.
(a) Notwithstanding the provisions of subsection 3091(a) of this title relating to fair hearings before the Human Services Board, appeals concerning benefits or services under the Rehabilitation Act of 1973 as amended shall be to the Director of the Division of Vocational Rehabilitation or the Division for the Blind and Visually Impaired, as appropriate, rather than the Human Services Board so long as federal law requires that final decisions be made by the Director of that Division.
(b) Prior to making a final decision, the Director shall hold a hearing to give the applicant an opportunity to be heard and to present evidence.
(c) When federal law no longer requires that final decisions be made by the Director of that Division, such appeals shall be to the Human Services Board as provided in subsection 3091(a) of this title unless federal law requires another method for hearing appeals.
(Added 1985, No. 117 (Adj. Sess.), eff. April 16, 1986; amended 1989, No. 219 (Adj. Sess.), § 2.)
[Repealed]
1995, No. 178 (Adj. Sess.), § 307.
(a) The Office of Child Support is created within the Department for Children and Families and shall be designated the IV-D agency for purposes of Title IV-D of the federal Social Security Act.
(b) The Office shall be headed by a Director, who shall be appointed by the Secretary of Human Services subject to section 3054 of this title.
(Added 1989, No. 221 (Adj. Sess.), § 12; amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 9.)
[Repealed]
2003, No. 121 (Adj. Sess.), § 81, eff. June 8, 2004.
[Repealed]
2001, No. 135 (Adj. Sess.), § 22, eff. July 1, 2005.
(a) Creation. There is created within the Department of Health the State Youth Council (Council) to advise the Governor and the General Assembly on issues affecting young persons in Vermont.
(b) Membership. The Council shall be composed of not more than 28 Vermont resident youths between 11 and 18 years of age at the time of appointment. The interagency workgroup Youth Services Advisory Council shall appoint members from an applicant pool with a focus on prioritizing diversity and inclusion, including characteristics such as county of residence, gender identity, racial identity, disabilities, age, and other characteristics identified by the applicants. The Youth Services Advisory Council shall appoint a minimum of one resident youth from each State county.
(1) The Department of Health shall assist the Youth Services Advisory Council in notifying the public regarding the opportunity for youths to serve on the Council, and the Youth Services Advisory Council shall accept applications for service on the Council. The application process should emphasize the need for diverse, qualified candidates. A successful candidate must demonstrate:
(A) a commitment to inclusion and the youths of the State; and
(B) the ability to work with others and listen to others.
(2) The Youth Services Advisory Council shall appoint members to the Council for three-year staggered terms and shall strive to appoint Council members who represent a variety of youths in the State. The Youth Services Advisory Council shall consult with members of youth advocacy groups concerning initial appointments to establish the Council and then shall consult with the Council regarding appointments for all subsequent terms.
(3) The Council shall elect a chair from among its members.
(4) The Council shall establish an Executive Committee, ad hoc committees as needed, and the following standing committees:
(A) the Youth Voice Committee;
(B) the Education Committee;
(C) the Equity and Anti-Racism Committee;
(D) the Climate Change Committee; and
(E) the Youth Mental Health Committee.
(c) Powers and duties.
(1) The Council may:
(A) meet at least one time per month;
(B) hold up to four public hearings annually in order to take testimony on issues affecting Vermont youths;
(C) gather input from Vermont youths through surveys or polls; and
(D) evaluate the State’s progress in reaching the population-level outcomes set forth in section 2311 of this title and recommend to the Joint Committee on Government Accountability any revisions to the population-level indicators for those outcomes the Council finds necessary to better reflect data that impacts Vermont youths.
(2) The Council shall provide advice to the Governor and the General Assembly on policy changes necessary to improve the lives of Vermont youths.
(A) The Governor shall meet annually with the Council to hear and receive the Council’s advice and recommendations on policies that impact the youths of Vermont.
(B) The Council shall annually report its advice and recommendations to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations and to any other standing committees it deems appropriate. The report may be in verbal form.
(C) The Council shall annually report its advice and recommendations to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations and to any other standing committees it deems appropriate on the preservation of Vermont’s traditions and the future of Vermont’s rural character, activities, and professions.
(D) The Council shall annually report its advice and recommendations to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations and to any other standing committees it deems appropriate on the participation of young persons in Vermont’s economy and keeping young Vermonters in the State.
(d) Assistance. The Council shall have the administrative, technical, and legal assistance of the Department of Health to assist with Council-directed activities, including:
(1) assisting with meeting scheduling and logistical support;
(2) providing information technology support; and
(3) providing any technology or technological devices necessary for the Council to perform its duties.
(e) Support. The Council shall also have support from the Youth Services Advisory Council.
(f) Attending meetings.
(1) Members of the Council may attend Council meetings by electronic or other means without being physically present at a designated meeting location as permitted under 1 V.S.A. § 312(a)(2).
(2) The General Assembly finds that such virtual meeting attendance is particularly expedient for Council members from remote areas of the State to participate in meetings, but also encourages Council members to be physically present at meeting locations when possible due to the importance of in-person interaction.
(g) Compensation and reimbursement. Members of the Council shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than 16 meetings per calendar year. For purposes of this subsection, “meetings” includes public hearings. These payments shall be made from monies appropriated to the Department of Health.
(Added 2021, No. 109 (Adj. Sess.), § 2, eff. May 11, 2022; amended 2023, No. 6, § 7, eff. July 1, 2023.)
[Repealed]
1985, No. 269 (Adj. Sess.), § 2(1).
An Agency is created consisting of the following former departments:
(1) the Department of Aeronautics;
(2) the Department of Highways;
(3) the Department of Motor Vehicles; and
(4) the Department of Bus, Rail, Waterways and Motor Carrier Services.
(Added 1975, No. 120, § 1; amended 1977, No. 263 (Adj. Sess.), § 2, eff. April 19, 1978; 1985, No. 76, § 8, eff. May 28, 1985; 1985, No. 269 (Adj. Sess.), § 2(2).)
[Repealed]
1985, No. 269 (Adj. Sess.), § 2(3).
[Repealed]
1985, No. 269 (Adj. Sess.), § 2(4).
[Repealed]
1985, No. 269 (Adj. Sess.), § 2(5).
[Repealed]
1985, No. 269 (Adj. Sess.), § 2(6).
[Repealed]
1985, No. 269 (Adj. Sess.), § 2(7).
[Repealed]
1985, No. 269 (Adj. Sess.), § 2(8).
[Repealed]
1977, No. 263 (Adj. Sess.), § 11, eff. April 19, 1978.
[Repealed]
1985, No. 269 (Adj. Sess.), § 2(9).
[Repealed]
1985, No. 269 (Adj. Sess.), § 8.
[Repealed]
1985, No. 224 (Adj. Sess.), § 8.
(a) The Agency of Digital Services is created to provide information technology services and solutions in State government. The cost of the oversight, monitoring, and control shall be assessed to the entity requesting the activity. The Agency shall have all the responsibilities assigned to it by law, including the following:
(1) Provide services for all activities directly related to information technology and cybersecurity, including telecommunications services, information technology equipment, software, accessibility, networks in State government, and the sharing of data and information within State government.
(2) Review and approve all information technology activities within State government.
(3) Prepare and submit an annual report to the General Assembly for information technology, as described in section 3303 of this chapter.
(4) Prepare and submit a strategic plan for information technology and cybersecurity to the General Assembly, as described in section 3303 of this chapter.
(5) Obtain independent expert review of any new information technology projects, as required by section 3303 of this chapter.
(6) Provide strategy, services, and solutions for information technology activities within State government.
(7) Provide information technology project management services and business analyst services to the Executive Branch. When project managers are not available, the Agency shall procure those services and bill them back to the agencies using the services.
(8) Provide standards for the management, organization, and tracking of information technology activities within State government.
(9) Create information technology procurement policy and process for State government in collaboration with the Agency of Administration, and review all information technology and information technology requests for proposal in accordance with Agency of Administration policies.
(10) Perform the responsibilities of the Secretary of Administration under 30 V.S.A. § 227b.
(11) Inventory technology fixed assets within State government.
(12) Manage the training and classification of information technology employees within State government in collaboration with the Agency of Administration.
(13) Support the statewide development of broadband telecommunications infrastructure and services, in a manner consistent with the telecommunications plan prepared pursuant to 30 V.S.A. § 202d and community development objectives established by the Agency of Commerce and Community Development, by:
(A) purchasing telecommunications services or facilities at rates competitive within the national marketplace;
(B) sharing bandwidth with service providers or other users;
(C) establishing equipment colocation arrangements with service providers; or
(D) making other reasonable arrangements.
(14) Develop information technology and cybersecurity policies for State government.
(15) Provide technical support and services to the Legislative and Judicial branches, as needed.
(b) As used in this section:
(1) “Cybersecurity” means the protection of an information system or information stored on such information system against any act or attempt, direct or indirect, successful or unsuccessful, to gain unauthorized access, use, disclose, disrupt, modify, or destroy the information system or information stored on such information system.
(2) “Information technology activities” means:
(A) the creation, collection, processing, storage, management, transmission, or conversion of electronic data, documents, or records; and
(B) the design, construction, purchase, installation, maintenance, or operation of systems, including hardware, software, and services that perform or are contracted under Administrative Bulletin 3.5 to perform these activities.
(3) “State government” means the agencies of the Executive Branch of State government.
(Added 2019, No. 49, § 5, eff. June 10, 2019.)
(a) The Governor, with the advice and consent of the Senate, shall appoint the Secretary of Digital Services who shall be the Chief Information Officer of the State. The Secretary shall appoint a deputy secretary who shall serve at the pleasure of the Secretary.
(b) The Secretary shall serve as the administrative head of the Agency of Digital Services and shall have the following responsibilities:
(1) coordinate and optimize the use of technology within State government;
(2) approve, in consultation with the Agency of Administration, State government information technology contracts and procurement activity;
(3) review and approve State government information technology and cybersecurity policies;
(4) approve State government information technology recruitment and classification of employees; and
(5) supervise all information technology employees and contractors in State government.
(Added 2019, No. 49, § 5, eff. June 10, 2019.)
(a) Annual report and budget. The Secretary shall submit to the House Committee on Energy and Digital Infrastructure and the Senate Committee on Institutions, concurrent with the Governor’s annual budget request required under 32 V.S.A. § 306, an annual report for information technology and cybersecurity. The report shall reflect the priorities of the Agency and shall include:
(1) performance metrics and trends, including baseline and annual measurements, for each division of the Agency;
(2) a financial report of revenues and expenditures to date for the current fiscal year;
(3) costs avoided or saved as a result of technology optimization for the previous fiscal year;
(4) a summary of each active information technology project managed by the Agency’s Enterprise Project Management Office, including each project’s:
(A) scope;
(B) budget;
(C) timeline; and
(D) status, which includes:
(i) project closure details;
(ii) project changes over time; and
(iii) other indicators of the project being on time and on budget;
(5) an annual update to the strategic plan prepared pursuant to subsection (c) of this section;
(6) a summary of independent reviews as required by subsection (d) of this section, including any uses of the waiver authority by the Chief Information Officer pursuant to subdivision (d)(3) of this section;
(7) the Agency budget submission;
(8) an annual update to the inventory required by section 3305 of this title; and
(9) a report on the expenditures of the Technology Modernization Special Fund, a list of projects receiving funding from the Fund in the prior fiscal year, and a list of prioritized recommendations for projects to be funded from the Fund in the next fiscal year.
(b) Records. The Agency shall maintain the following records for information technology projects managed by the Agency’s Enterprise Project Management Office:
(1) A business case, including staffing costs, when available to and provided by the State government business partner, life-cycle costs, and sources of funds for design, development, and implementation, as well as maintenance and operations. The business case shall include expected benefits, including cost savings and service delivery improvements.
(2) Detailed project plans and status reports, including risk identification and risk mitigation plans.
(c) Strategic plan. The Secretary shall prepare and submit a strategic plan for information technology and cybersecurity, concurrent with the Governor’s annual budget request required under 32 V.S.A. § 306. The strategic plan shall include:
(1) the Agency’s vision, mission, objectives, strategies, and overarching action plans for information technology within State government; and
(2) an update on the information technology goals for State government for the following fiscal year.
(d) Independent expert review.
(1) The Agency shall obtain independent expert review of any new information technology projects with a total cost of $1,000,000.00 or greater or when required by the Chief Information Officer.
(2) The independent review shall include:
(A) an acquisition cost assessment;
(B) a technology architecture and standards review;
(C) an implementation plan assessment;
(D) a cost analysis and a model for benefit analysis;
(E) an analysis of alternatives;
(F) an impact analysis on net operating costs for the agency carrying out the activity; and
(G) a security assessment.
(3) The requirement to obtain independent expert review described in subdivision (1) of this subsection may be waived by the Chief Information Officer if, in the Chief Information Officer’s judgment, such a review would be duplicative of one or more reviews that have been, or will be, conducted under a separate federal or State requirement. If waived, such waiver shall be in writing and in accordance with procedures established by the Chief Information Officer.
(e) Current projects inventory. The Agency shall maintain a project inventory on its publicly accessible website that displays the status of all current information technology projects managed by the Agency’s Enterprise Project Management Office. The inventory shall be updated at least monthly and include the:
(1) State government business partner for each project;
(2) name of each project;
(3) start date of each project;
(4) estimated date of completion at the start of the implementation phase of each project along with an indicator as to whether the project is on time;
(5) estimated project cost at the start of the implementation phase of each project along with an indicator as to whether the project is on budget;
(6) current estimated date of completion of each project; and
(7) current estimated cost of each project.
(Added 2019, No. 49, § 5, eff. June 10, 2019; amended 2019, No. 131 (Adj. Sess.), § 5; 2021, No. 74, § E.105; 2021, No. 132 (Adj. Sess.), § 2, eff. July 1, 2022; 2021, No. 185 (Adj. Sess.), § E.105, eff. July 1, 2022; 2025, No. 48, § 2, eff. July 1, 2025.)
(a) An Information Technology Internal Service Fund is created to support activities of the Agency of Digital Services.
(b) An agency, department, or division or other State or nonstate entity that receives services of the Agency of Digital Services shall be charged for those services on a basis established by the Secretary of Digital Services with the approval of the Secretary of Administration.
(Added 2019, No. 49, § 5, eff. June 10, 2019.)
(a) Definitions. As used in this section:
(1) “Algorithm” means a computerized procedure consisting of a set of steps used to accomplish a determined task.
(2) “Automated decision system” means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analytics to make or support government decisions, judgments, or conclusions.
(3) “Automated final decision system” means an automated decision system that makes final decisions, judgments, or conclusions without human intervention.
(4) “Automated support decision system” means an automated decision system that provides information to inform the final decision, judgment, or conclusion of a human decision maker.
(5) “State government” has the same meaning as in section 3301 of this chapter.
(b) Inventory. The Agency of Digital Services shall conduct a review and make an inventory of all automated decision systems that are being developed, employed, or procured by State government. The inventory shall include the following for each automated decision system:
(1) the automated decision system’s name and vendor;
(2) a description of the automated decision system’s general capabilities, including:
(A) reasonably foreseeable capabilities outside the scope of the agency’s proposed use; and
(B) whether the automated decision system is used or may be used for independent decision-making powers and the impact of those decisions on Vermont residents;
(3) the type or types of data inputs that the technology uses; how that data is generated, collected, and processed; and the type or types of data the automated decision system is reasonably likely to generate;
(4) whether the automated decision system has been tested for bias by an independent third party, has a known bias, or is untested for bias;
(5) a description of the purpose and proposed use of the automated decision system, including:
(A) what decision or decisions it will be used to make or support;
(B) whether it is an automated final decision system or automated support decision system; and
(C) its intended benefits, including any data or research relevant to the outcome of those results;
(6) how automated decision system data is securely stored and processed and whether an agency intends to share access to the automated decision system or the data from that automated decision system with any other entity, which entity, and why; and
(7) a description of the IT fiscal impacts of the automated decision system, including:
(A) initial acquisition costs and ongoing operating costs, such as maintenance, licensing, personnel, legal compliance, use auditing, data retention, and security costs;
(B) any cost savings that would be achieved through the use of the technology; and
(C) any current or potential sources of funding, including any subsidies or free products being offered by vendors or governmental entities.
(Added 2021, No. 132 (Adj. Sess.), § 3, eff. July 1, 2022.)
(a) Creation. There is created the Technology Modernization Special Fund, to be administered by the Agency of Digital Services. Monies in the Fund shall be used to fund business process transformation and to purchase, implement, and upgrade technology platforms, systems, and cybersecurity services used by State agencies and departments to carry out their statutory functions.
(b) Funds. The Fund shall consist of:
(1) any amounts transferred to it by the General Assembly; and
(2) any interest earned by the Fund.
(c) Fund balance. Any balance remaining at the end of the fiscal year shall remain in the Fund.
(d) Receipts. The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.
(e) Priorities. The General Assembly shall prioritize projects to receive monies from the Fund based on recommendations from the Chief Information Officer submitted pursuant to subsection 3303(a) of this title. Expenditures shall only be made from the fund through appropriation and project authorization by the General Assembly. Plans for use shall be submitted as part of the budget adjustment or budget process.
(Added 2021, No. 185 (Adj. Sess.), § E.105.1, eff. June 9, 2022; amended 2023, No. 87 (Adj. Sess.), § 58, eff. March 13, 2024; 2025, No. 27, § F.163, eff. May 21, 2025.)
[Repealed]
1993, No. 89, § 4.
[Repealed]
2008, No. 90, § 88, eff. March 6, 2008.
The Office of Economic Opportunity shall provide grants to each community action agency for the microbusiness development program at each community action agency. In the event that a community action agency is unable, as determined by the Office of Economic Opportunity, or unwilling to perform the required services, the Office of Economic Opportunity may provide grants to another qualified regional entity.
(Added 2007, No. 46, § 6e, eff. May 23, 2007.)
[Repealed]
2008, No. 90, § 88, eff. March 6, 2008.
(a) Recognizing that the economic well-being and social equity of every Vermonter has long been a fundamental concern of the State, it remains evident that poverty continues to be the lot of a substantial number of Vermont’s population. It is the policy of this State to help develop the full potential of each of its citizens so they can contribute to the fullest extent possible to the life of our communities and the State as a whole.
(b) It is the purpose of this chapter to strengthen, supplement, and coordinate efforts that further this policy through:
(1) the strengthening of community capabilities for planning, coordinating, and managing federal, State, and other sources of assistance related to the problem of poverty;
(2) the better organization and utilization of a range of services related to the needs of the poor; and
(3) the broadening of the resource base of programs to secure a more active role in assisting the poor from business, labor, and other groups from the private sector.
(Added 1981, No. 173 (Adj. Sess.), § 1, eff. April 20, 1982.)
(a) The Director of the Office of Economic Opportunity is hereby authorized to allocate available financial assistance for community services agencies and programs in accordance with State and federal law and regulation.
(b) The Director may provide financial assistance to community services agencies for the planning, conduct, administration, and evaluation of community service programs to provide a range of services and activities having a measurable and potentially major impact on causes of poverty in the community or in areas of the community where poverty is a particularly acute problem. Components of those services and activities may involve, without limitation of other activities and supporting facilities designed to assist low income participants:
(1) to secure and retain meaningful employment;
(2) to obtain adequate education;
(3) to make better use of available income;
(4) to provide and maintain adequate housing and a suitable living environment;
(5) to obtain services for the prevention of narcotics addiction, alcoholism, and for the rehabilitation of narcotic addicts and alcoholics;
(6) to obtain emergency assistance through loans and grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing, and unemployment-related assistance;
(7) to remove obstacles and solve personal and family problems that block achievement of self-sufficiency;
(8) to achieve greater participation in the affairs of the community;
(9) to make more frequent and effective use of other programs related to the purposes of this chapter;
(10) to coordinate and establish linkages between governmental and other social service programs to ensure the effective delivery of such services to low-income persons; and to encourage the use of entities in the private sector of the community in efforts to ameliorate poverty in the community.
(c) The Director is authorized to adopt rules pursuant to chapter 25 of this title appropriate to the carrying out of this chapter and its purposes.
(Added 1981, No. 173 (Adj. Sess.), § 1, eff. April 20, 1982; amended 2025, No. 18, § 20, eff. May 13, 2025.)
The Director shall designate private nonprofit community based organizations who have demonstrated or who can demonstrate the ability to provide services and activities as defined in subsection 3902(b) of this title as community services agencies.
(Added 1981, No. 173 (Adj. Sess.), § 1, eff. April 20, 1982.)
Each designated community services agency shall determine the need for activities and services within the area served by the agency and shall thereafter prepare a community services plan that describes the method by which the agency will provide those services. The plan shall include a schedule for the anticipated provision of new or additional services and shall specify the resources that are needed by and available to the agency to implement the plan. The community services plan shall be updated annually.
(Added 1981, No. 173 (Adj. Sess.), § 1, eff. April 20, 1982.)
(a) Each community services agency shall administer its programs as set out in the community services plan and as approved by its board of directors.
(b) Each board of a nonprofit community based organization that is designated a community services agency under section 3903 of this chapter shall have an executive committee of not more than seven members who shall be representative of the composition of the board and the board shall be so constituted that:
(1) one-third of the members of the board are elected public officials currently holding office, or their designees, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointive public officials may be counted in meeting such one-third requirement;
(2) one-third of the members of the board are persons chosen in accordance with election procedures adequate to ensure that they are representative of the poor in the area served; and
(3) the remainder of the members of the board are officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community.
(c) Each member of the board selected to represent a specific geographic area within a community shall reside in the area he or she represents. No person selected under subdivision (b)(2) or (3) of this section as a member of a board shall serve on such board for more than five consecutive years, or more than a total of 10 years.
(Added 1981, No. 173 (Adj. Sess.), § 1, eff. April 20, 1982; amended 2025, No. 18, § 20, eff. May 13, 2025.)
The following administrative districts are created, each to consist of the following towns and cities:
(1) District 1: Benson, Brandon, Castleton, Chittenden, Clarendon, Danby, Fair Haven, Hubbardton, Ira, Mendon, Middletown Springs, Mt. Holly, Mt. Tabor, Pawlet, Pittsford, Poultney, Proctor, Rutland City, Rutland Town, Killington, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven, and West Rutland.
(2) District 2: Andover, Athens, Baltimore, Brattleboro, Brookline, Cavendish, Chester, Dover, Dummerston, Grafton, Guilford, Halifax, Jamaica, Londonderry, Ludlow, Marlboro, Newfane, Putney, Reading, Readsboro, Rockingham, Searsburg, Somerset, Springfield, Stratton, Townshend, Vernon, Wardsboro, Weathersfield, West Windsor, Westminster, Weston, Whitingham, Wilmington, Windham, Windsor, and Winhall.
(3) District 3: Barnard, Bethel, Bradford, Braintree, Bridgewater, Brookfield, Chelsea, Corinth, Fairlee, Granville, Hancock, Hartford, Hartland, Newbury, Norwich, Pittsfield, Plymouth, Pomfret, Randolph, Rochester, Royalton, Sharon, Stockbridge, Strafford, Thetford, Topsham, Tunbridge, Vershire, West Fairlee, and Woodstock.
(4) District 4: Addison, Bolton, Bridport, Bristol, Buels Gore, Burlington, Charlotte, Colchester, Cornwall, Essex, Ferrisburg, Goshen, Hinesburg, Huntington, Jericho, Leicester, Lincoln, Middlebury, Milton, Monkton, New Haven, Orwell, Panton, Richmond, Ripton, St. George, Salisbury, Shelburne, Shoreham, South Burlington, Starksboro, Underhill, Vergennes, Waltham, Westford, Waybridge, Whiting, Williston, and Winooski.
(5) District 5: Barre City, Barre Town, Belvidere, Berlin, Cabot, Calais, Cambridge, Duxbury, East Montpelier, Eden, Elmor, Fayston, Hyde Park, Johnson, Marshfield, Middlesex, Montpelier, Moretown, Morristown, Northfield, Orange, Plainfield, Roxbury, Stowe, Waitsfield, Warren, Washington, Waterbury, Waterville, Williamstown, Wolcott, Woodbury, and Worcester.
(6) District 6: Alburg, Bakersfield, Berkshire, Enosburg, Fairfax, Fairfield, Fletcher, Franklin, Georgia, Grand Isle, Highgate, Isle La Motte, Montgomery, North Hero, Richford, St. Albans City, St. Albans Town, Sheldon, South Hero, and Swanton.
(7) District 7: Albany, Averill, Avery’s Gore, Barnet, Barton, Bloomfield, Brighton, Brownington, Brunswick, Burke, Canaan, Charleston, Concord, Coventry, Craftsbury, Danville, Derby, East Haven, Ferdinand, Glover, Granby, Greensboro, Groton, Guildhall, Hardwick, Holland, Irasburg, Jay, Kirby, Lemington, Lewis, Lowell, Lunenburg, Lyndon, Maidstone, Morgan, Newark, Newport City, Newport Town, Norton, Peacham, Ryegate, St. Johnsbury, Sheffield, Stannard, Sutton, Troy, Victory, Walden, Warner’s Gore, Warner’s Grant, Waterford, Westfield, Westmore, and Wheelock.
(8) District 8: Arlington, Bennington, Dorset, Glastenbury, Landgrove, Manchester, Peru, Pownal, Rupert, Sandgate, Shaftsbury, Stamford, Sunderland, and Woodford.
(Added 1971, No. 74, § 3; amended 1972, E.O. No. 44, §§ 1, 2, dated Jan. 12, 1972.)
The following administrative districts may have a district office in the following towns and cities:
(1) District 1: Rutland City
(2) District 2: Brattleboro, Windsor, and Springfield
(3) District 3: Hartford
(4) District 4: Burlington City and Middlebury
(5) District 5: Barre City and Morristown
(6) District 6: St. Albans City
(7) District 7: St. Johnsbury and Newport
(8) District 8: Bennington.
(Added 1971, No. 74, § 3; amended 1972, E.O. No. 44, § 3, dated Jan. 12, 1972; 1991, No. 158 (Adj. Sess.).)
Insofar as is practicable each State administrative agency, department, and council that is authorized to provide services on a regional or local level shall provide these services when so directed by Executive Order in each administrative district from offices located in the town or city in which a district office or subdistrict office is located.
(Added 1971, No. 74, § 3.)
(a) The Governor may make such changes in the organization of the administrative districts as he considers necessary for efficiency by Executive Order. An Executive Order issued under this section shall be presented to the General Assembly not later than January 15th of the year in which the General Assembly sits. The Executive Order shall become effective unless disapproved by resolution of either House of the General Assembly within 90 days, or before final adjournment of that annual session, whichever comes first.
(b) Executive Orders that become effective under this chapter shall be printed with the session laws and published in an appendix to the Vermont Statutes Annotated.
(Added 1971, No. 74, § 3.)
(a) State agencies that have programs or take actions affecting land use, as determined by Executive Order of the Governor, shall engage in a continuing planning process to ensure that those programs and actions are consistent with the goals established in 24 V.S.A. § 4302 and compatible with regional and approved municipal plans, as those terms are defined in that section. This planning process shall be coordinated, in a manner established by Executive Order of the Governor, with the planning process of other agencies and of regional and municipal entities of the regions in which the programs and actions are to have effect.
(b) In the process of preparing plans or amendments to plans, a State agency shall hold at least two public hearings that are noticed as provided in section 839 of this title for administrative rules, but plans shall not be adopted as administrative rules under chapter 25 of this title. Specific notice also shall be provided to the following, at least 30 days prior to the public hearing:
(1) the executive director of each regional planning commission;
(2) the Department of Housing and Community Affairs within the Agency of Commerce and Community Development;
(3) the Council of Regional Commissions; and
(4) business, conservation, low-income advocacy, and other community or interest groups or organizations that have requested notice prior to the date the hearing is warned.
(c) Any of the foregoing bodies or their representatives may submit comments on the proposed plan or amendment, and may appear and be heard in any proceeding with respect to the adoption of the proposed plan or amendment. State agencies shall use an informal working format at locations convenient and accessible to the public in order to provide opportunities for all persons and organizations with an interest in their plans and actions to participate.
(Added 1987, No. 200 (Adj. Sess.), § 28, eff. July 1, 1989; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2025, No. 18, § 21, eff. May 13, 2025.)
By January 1, 1991, each State agency that has programs or that takes actions affecting land use shall adopt an interim plan that is compatible with regional and approved municipal plans, and that is consistent with the goals established in 24 V.S.A. § 4302. By January 1, 1993, each State agency that has programs or that takes actions affecting land use shall adopt a plan that is compatible with regional plans and approved municipal plans and that is consistent with the goals established in 24 V.S.A. § 4302. Thereafter, the agency shall readopt its plan biennially to ensure that its plan remains compatible with regional plans and approved municipal plans and remains consistent with the goals established in 24 V.S.A. § 4302. The term “approved municipal plans” as used in this section has the meaning established in 24 V.S.A. § 4350.
(Added 1987, No. 200 (Adj. Sess.), § 28, eff. July 1, 1989; amended 1989, No. 280 (Adj. Sess.), § 12; 2009, No. 33, § 10.)
(a) There is created within the Executive Branch the position of Executive Director of Racial Equity to identify and work to eradicate systemic racism within State government.
(b) The Executive Director of Racial Equity shall have the powers and duties enumerated within section 2102 of this title and shall work collaboratively with and act as a liaison between the Governor’s Workforce Equity and Diversity Council, the Vermont Human Rights Commission, and the Governor’s Cabinet.
(c) The Executive Director shall be housed within and have the administrative, legal, and technical support of the Agency of Administration.
(d) The Executive Director shall report to and be under the general supervision of the Governor, or, to the extent such supervisory authority is delegated, the Secretary of Administration. The Administration shall not prevent or prohibit the Executive Director from initiating, carrying out, or completing the duties of the Executive Director as set forth in section 5003 of this title.
(Added 2018, No. 9 (Sp. Sess.), § 3, eff. June 28, 2018.)
(a) The Racial Equity Advisory Panel is established. The Panel shall be organized and have the duties and responsibilities as provided in this section. The Panel shall have the administrative, legal, and technical support of the Agency of Administration.
(b)(1) The Panel shall consist of five members, as follows:
(A) one member, appointed by the Committee on Committees, who shall not be a current legislator;
(B) one member, appointed by the Speaker of the House, who shall not be a current legislator;
(C) one member, appointed by the Chief Justice of the Supreme Court, who shall not be a current legislator;
(D) one member, appointed by the Governor, who shall not be a current legislator; and
(E) one member, appointed by the Human Rights Commission, who shall not be a current legislator.
(2) Members shall be drawn from diverse backgrounds to represent the interests of communities of color throughout the State, have experience working to implement racial justice reform, and, to the extent possible, represent geographically diverse areas of the State.
(3) The term of each member shall be three years, except, so that the term of one regular member expires in each ensuing year of the members first appointed, one shall serve a term of: one year, to be appointed by the Human Rights Commission; two years, to be appointed by the Governor; three years, to be appointed by the Speaker of the House; four years, to be appointed by the Committee on Committees; and five years, to be appointed by the Chief Justice of the Supreme Court. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of this subsection. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term. Members shall serve until their successors are elected or appointed. Members shall serve not more than three consecutive terms in any capacity.
(4) Members of the Panel shall elect by majority vote the Chair of the Panel, who shall serve for a term of three years after the implementation period. Members of the Panel shall be appointed on or before September 1, 2018 in order to prepare as they deem necessary for the establishment of the Panel, including the election of the Chair of the Panel. Terms of members shall officially begin on January 1, 2019.
(c) The Panel shall have the following duties and responsibilities:
(1) work with the Executive Director of Racial Equity to implement the reforms identified as necessary in the comprehensive organizational review as required by subsection 5003(a) of this title;
(2) advise the Executive Director to ensure ongoing compliance with the purpose of this chapter, and advise the Governor on strategies for remediating systemic racial disparities in statewide systems of government; and
(3) on or before January 15, 2020, and annually thereafter, report to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations on:
(A) the extent to which the State is achieving the performance targets and measures as developed pursuant to subsection 5003(c) of this title; and
(B) the nature and quality of the collaboration between the Governor’s Cabinet and the Executive Director.
(d) Each member of the Panel shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010.
(Added 2018, No. 9 (Sp. Sess.), § 3, eff. June 28, 2018.)
(a) The Executive Director of Racial Equity (Director) shall work with the agencies and departments to implement a program of continuing coordination and improvement of activities in State government in order to combat systemic racial disparities and measure progress toward fair and impartial governance, including:
(1) overseeing a comprehensive organizational review to identify systemic racism in each of the three branches of State government and inventory systems in place that engender racial disparities;
(2) managing and overseeing the statewide collection of race-based data to determine the nature and scope of racial discrimination within all systems of State government; and
(3) developing a model fairness and diversity policy and reviewing and making recommendations regarding the fairness and diversity policies held by all State government systems.
(b) Pursuant to section 2102 of this title, the Director shall work collaboratively with State agencies and departments to gather relevant existing data and records necessary to carry out the purpose of this chapter and to develop best practices for remediating systemic racial disparities throughout State government.
(c) The Director shall work with the agencies and departments and with the Chief Performance Officer to develop performance targets and performance measures for the General Assembly, the Judiciary, and the agencies and departments to evaluate respective results in improving systems. These performance measures shall be included in the agency’s or department’s quarterly reports to the Director, and the Director shall include each agency’s or department’s performance targets and performance measures in his or her annual reports to the General Assembly.
(d) The Director shall, in consultation with the Department of Human Resources and the agencies and departments, develop and conduct trainings for agencies and departments regarding the nature and scope of systemic racism and the institutionalized nature of race-based bias. Nothing in this subsection shall be construed to discharge the existing duty of the Department of Human Resources to conduct trainings.
(e) The Executive Director of Racial Equity shall oversee the Division of Racial Justice Statistics (Division) established in subchapter 2 of this chapter.
(1) The Director shall have general charge of the Division.
(2) The Director may apply for grant funding, if available, to advance or support any responsibility within the Division’s jurisdiction.
(f) The Director shall periodically report to the Racial Equity Advisory Panel and the Racial Disparities in the Criminal and Juvenile Justice Systems Advisory Panel on the progress toward carrying out the duties as established by this section.
(g) On or before January 15, 2020, and annually thereafter, the Director shall report to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations demonstrating the State’s progress in identifying and remediating systemic racial bias within State government.
(Added 2018, No. 9 (Sp. Sess.), § 3, eff. June 28, 2018; amended 2021, No. 33, § 4; 2021, No. 142 (Adj. Sess.), § 1, eff. July 1, 2022; 2025, No. 27, § E.312.1, eff. May 21, 2025.)
(a) Confidentiality of records.
(1) Any records transmitted to or obtained by the Executive Director of Racial Equity and the Racial Equity Advisory Panel that are exempt from public inspection and copying under the Public Records Act shall remain exempt and shall be kept confidential to the extent required by law.
(2) Draft reports, working papers, and internal correspondence between the Director and the Panel shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The completed reports shall be public records.
(b) Exceptions.
(1) The Director and Panel members may make records available to each other, the Governor, and the Governor’s Cabinet as necessary to fulfill their duties as set forth in this chapter. They may also make records pertaining to any alleged violations of antidiscrimination statutes available to any State or federal law enforcement agency authorized to enforce such statutes.
(2) Absent a court order for good cause shown or the prior written consent of an individual providing information or lawfully obtained records to the Director or the Panel, the Director and Panel Members may decline to disclose:
(A) the identity of the individual if good cause exists to protect his or her confidentiality; and
(B) materials pertaining to the individual, including written communications among the individual, the Director, and the Panel and recordings, notes, or summaries reflecting interviews or discussions among the individual, the Director, and the Panel.
(Added 2018, No. 9 (Sp. Sess.), § 3, eff. June 28, 2018.)
(a) The Racial Equity Advisory Panel shall select for consideration by the Panel, by majority vote, provided that a quorum is present, from the applications for the position of Executive Director of Racial Equity as many candidates as it deems qualified for the position.
(b) The Panel shall submit to the Governor the names of the candidates deemed most qualified to be appointed to fill the position.
(c) The Governor shall make the appointment to the Executive Director position from the list of qualified candidates submitted pursuant to subsection (b) of this section. The names of candidates submitted and not selected shall remain confidential.
(Added 2018, No. 9 (Sp. Sess.), § 3, eff. June 28, 2018.)
(a) Creation. There is created within the Office of Racial Equity the Division of Racial Justice Statistics to collect and analyze data related to systemic racial bias and disparities within the criminal and juvenile justice systems.
(b) Purpose. The mission of the Division is to collect and analyze data relating to racial disparities with the intent to center racial equity throughout these efforts. The purpose of the Division is to create, promote, and advance a system and structure that provides access to appropriate data and information, ensuring that privacy interests are protected and principles of transparency and accountability are clearly expressed. The data are to be used to inform policy decisions that work toward the amelioration of racial disparities across various systems of State government.
(Added 2021, No. 142 (Adj. Sess.), § 1, eff. July 1, 2022.)
(a) The Division shall have the following duties:
(1) Work collaboratively with, and have the assistance of, all State and local agencies and departments identified pursuant to subdivision 5013(a)(2) of this title for purposes of collecting all data related to systemic racial bias and disparities within the criminal and juvenile justice systems.
(2) Collect and analyze the data related to systemic racial bias and disparities within the criminal and juvenile justice systems.
(3) Conduct justice information sharing gap analyses.
(4) Maintain an inventory of justice technology assets and a data dictionary to identify elements and structure of databases and relationships, if any, to other databases.
(5) Develop a justice technology strategic plan, which shall be updated annually. The justice technology strategic plan shall include identification and prioritization of data needs and requirements to fulfill new or emerging data research proposals or operational enhancements.
(6) Develop interagency agreements and memorandums of understanding for data sharing and publish public use files.
(7) Report its data, analyses, and recommendations to the Racial Justice Statistics Advisory Council and the Racial Disparities in the Criminal and Juvenile Justice Systems Advisory Panel on a monthly basis.
(b) On or before January 15, 2023 and annually thereafter, the Division shall report its data, analyses, and recommendations to the House Committees on Judiciary and on Government Operations and Military Affairs and the Senate Committees on Judiciary and on Government Operations. The report may include an operational assessment of the Division’s structure and staffing levels and any recommendations for necessary adjustments.
(c) To carry out its duties under this subchapter, the Division may adopt procedural and substantive rules in accordance with the provisions of chapter 25 of this title.
(Added 2021, No. 142 (Adj. Sess.), § 1, eff. July 1, 2022.)
(a) Data collection. In consultation with the Racial Disparities in the Criminal and Juvenile Justice Systems Advisory Panel and the Racial Justice Statistics Advisory Council, the Division shall establish the data to be collected to carry out the duties of this subchapter.
(1) Any data or records transmitted to or obtained by the Division that are exempt from public inspection and copying under the Public Records Act shall remain exempt and shall be kept confidential to the extent required by law. A State or local agency or department that transmits data or records to the Division shall be the sole records custodian for purposes of responding to requests for the data or records. The Division may direct any request for these data or records to the transmitting agency or department for response, provided that the Division shall respond to a Public Records Act request for nonidentifying data used by the Division for preparation of the reports required by subdivision 5012(a)(7) and subsection 5012(b) of this title.
(2) The Division shall identify which State and local agencies or departments possess the data necessary for the Division to perform the requirements and objectives of this subchapter. An agency or department identified pursuant to this subdivision shall, upon request, provide the Division with any data that the Division determines is relevant to its purpose under subsection 5011(b) of this title, provided that the Office of the Defender General shall not be required to make any disclosures that would violate 1 V.S.A. § 317(c)(3). The Division may identify non-State entities that possess the data necessary for the Division to perform the requirements and objectives of this subchapter and have access to the data of an identified entity pursuant to a data sharing agreement or memorandum of understanding.
(3) The Division shall, pursuant to section 218 of this title, establish, maintain, and implement an active and continuing management program for its records and information, including data, with support and services provided by the Vermont State Archives and Records Administration pursuant to section 117 of this title and the Agency of Digital Services pursuant to section 3301 of this title.
(b) Data analysis. The Division shall analyze the data collected pursuant to this subchapter in order to:
(1) identify the stages of the criminal and juvenile justice systems at which racial bias and disparities are most likely to occur;
(2) organize and synthesize the data in a cohesive and logical manner so that it can be best presented and understood; and
(3) present the data to the Racial Justice Statistics Advisory Council as required under this subchapter.
(c) Data governance policy. The Division shall develop and adopt a data governance policy and shall establish:
(1) a system or systems to standardize the collection and retention of the data collected pursuant to this subchapter; and
(2) methods to permit sharing and communication of the data between the State agencies, local agencies, and external researchers, including the use of data sharing agreements.
(d) Data collection. The Division shall recommend to State and local agencies evidence-based practices and standards for the collection of racial justice data.
(e) Publicly available data.
(1) The Division shall maintain a public-facing website and dashboard that maximizes the transparency of the Division’s work and ensures the ability of the public and historically impacted communities to review and understand the data collected by the Division and its analyses.
(2) The Division shall develop public use data files.
(Added 2021, No. 142 (Adj. Sess.), § 1, eff. July 1, 2022.)
(a) Creation. The Racial Justice Statistics Advisory Council is established within the Office of Racial Equity to serve in an advisory capacity to the Division of Racial Justice Statistics. The Council shall be organized and have the duties and responsibilities as provided in this section. The Council shall have the administrative, legal, and technical support of the Agency of Administration.
(b) Membership.
(1) Appointments. The Council shall consist of seven members, as follows:
(A) an individual with substantive expertise in community-based research on racial equity, to be appointed by the Governor; and
(B)(i) six individuals who have experience with or knowledge about one or more of the following situations:
(I) facing eviction;
(II) violence, discrimination, or criminal conduct, including law enforcement misconduct;
(III) moving to Vermont as an immigrant or refugee;
(IV) effects of racial disparities and discipline policies within the educational system; or
(V) participation in treatment programs addressing mental health, substance use disorder, and reentry programs; and
(ii) appointments made pursuant to this subdivision (B) shall be made by the following entities, each of which shall appoint one member: NAACP, Vermont Racial Justice Alliance, Migrant Justice, AALV Inc., Vermont Commission on Native American Affairs, and Outright Vermont.
(2) Qualifications. Members shall be drawn from diverse backgrounds to represent the interests of communities of color and other historically disadvantaged communities throughout the State and, to the extent possible, have experience working to implement racial justice reform and represent geographically diverse areas of the State.
(3) Terms. The term of each member shall be four years. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of this section. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term. Members shall serve until their successors are appointed. Members shall serve not more than two consecutive terms in any capacity.
(4) Chair and terms. Members of the Council shall elect by majority vote the Chair of the Council. Members of the Council shall be appointed on or before November 1, 2022 in order to prepare as they deem necessary for the establishment of the Council, including the election of the Chair of the Council. Terms of members shall officially begin on January 1, 2023.
(c) Duties. The Council shall have the following duties and responsibilities:
(1) work with and assist the Director or designee to implement the requirements of this subchapter;
(2) advise the Director to ensure ongoing compliance with the purpose of this subchapter;
(3) evaluate the data and analyses received from the Division and make recommendations to the Division as a result of the evaluations;
(4) report monthly on its findings and recommendations regarding the work of the Division to the Racial Disparities in the Criminal and Juvenile Justice Systems Advisory Panel; and
(5) on or before January 15, 2023 and annually thereafter, report to the House Committees on Judiciary and on Government Operations and Military Affairs and the Senate Committees on Judiciary and on Government Operations on:
(A) its findings regarding systemic racial bias and disparities within the criminal and juvenile justice systems based upon the data and analyses the Council receives from the Division pursuant to subdivision 5012(a)(7) of this subchapter; and
(B) a status report on progress made and recommendations for further action, including legislative proposals, to address systemic racial bias and disparities within the criminal and juvenile justice systems.
(d) Meetings. The Council shall meet monthly.
(e) Compensation. Each member of the Council shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010.
(f) Repeal. This section shall be repealed on June 30, 2027.
(Added 2021, No. 142 (Adj. Sess.), § 1, eff. July 1, 2022; amended 2023, No. 46, § 1, eff. June 5, 2023.)
[Repealed]
(Added 2021, No. 142 (Adj. Sess.), § 1, eff. July 1, 2022; amended 2023, No. 46, § 1, eff. June 5, 2023.)
(a) On and after July 1, 2023, a law enforcement agency shall be prohibited from having its law enforcement applicants or officers trained by the Vermont Police Academy or from otherwise using the services of the Vermont Criminal Justice Council if the agency is not in compliance with the requirements for providing data to the Division of Racial Justice Statistics pursuant to subdivision 5013(a)(2) of this chapter.
(b) The Council shall adopt procedures to enforce the requirements of this section, which may allow for waivers for agencies under a plan to obtain compliance with this section.
(c) As used in this section:
(1) “Law enforcement agency” means the employer of a law enforcement officer.
(2) “Law enforcement officer” means a member of the Department of Public Safety who exercises law enforcement powers; a member of the State Police; a Capitol Police officer; a municipal police officer; a constable who exercises law enforcement powers; a motor vehicle inspector; an employee of the Department of Liquor and Lottery who exercises law enforcement powers; an investigator employed by the Secretary of State; a Board of Medical Practice investigator employed by the Department of Health; an investigator employed by the Attorney General or a State’s Attorney; a fish and game warden; a sheriff; a deputy sheriff who exercises law enforcement powers; a railroad police officer commissioned pursuant to 5 V.S.A. chapter 68, subchapter 8; a police officer appointed to the University of Vermont’s Department of Police Services; or the provost marshal or assistant provost marshal of the Vermont National Guard.
(Added 2021, No. 142 (Adj. Sess.), § 1, eff. July 1, 2022.)
As used in this chapter, “artificial intelligence systems” means systems capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or actions or to imitate intelligent behavior given a specific goal. An artificial intelligence system can also learn and adapt its behavior by analyzing how the environment is affected by prior actions.
(Added 2021, No. 132 (Adj. Sess.), § 5, eff. July 1, 2022.)
(a) Creation. There is established the Division of Artificial Intelligence within the Agency of Digital Services to review all aspects of artificial intelligence systems developed, employed, or procured in State government. The Division shall be administered by the Director of Artificial Intelligence, who shall be appointed by the Secretary of Digital Services.
(b) Powers and duties. The Division shall review artificial intelligence systems developed, employed, or procured in State government, including the following:
(1) propose for adoption by the Agency of Digital Services a State code of ethics for artificial intelligence in State government, which shall be updated annually;
(2) make recommendations to the General Assembly on policies, laws, and regulations for artificial intelligence systems in State government; and
(3) review the automated decision systems inventory created by the Agency of Digital Services, including:
(A) whether any systems affect the constitutional or legal rights, duties, or privileges of any Vermont resident; and
(B) whether there are any potential liabilities or risks that the State of Vermont could incur from its implementation.
(c) Reports. Annually, on or before January 15 each year, the Division shall report to the House Committee on Government Operations and Military Affairs and the Senate Committees on Finance and on Government Operations on the following:
(1) the extent of the use of artificial intelligence systems by State government and any short- or long-term actions needed to optimize that usage or mitigate their risks;
(2) the impact of using artificial intelligence systems in State government on the liberty, finances, livelihood, and privacy interests of Vermont residents;
(3) any necessary policies to:
(A) protect the privacy and interests of Vermonters from any diminution caused by employment of artificial intelligence systems by State government;
(B) ensure that Vermonters are free from unfair discrimination caused or compounded by the employment of artificial intelligence in State government;
(C) address the use or prohibition of systems that have not been tested for bias or have been shown to contain bias; and
(D) address security and training on artificial intelligence systems; and
(4) any other information the Division deems appropriate based on its work.
(Added 2021, No. 132 (Adj. Sess.), § 5, eff. July 1, 2022.)
(a) Advisory Council. There is established the Artificial Intelligence Advisory Council to provide advice and counsel to the Director of the Division of Artificial Intelligence with regard to the Division’s responsibilities to review all aspects of artificial intelligence systems developed, employed, or procured in State government. The Council, in consultation with the Director of the Division, shall also engage in public outreach and education on artificial intelligence.
(b) Members.
(1) Members. The Advisory Council shall be composed of the following members:
(A) the Secretary of Digital Services or designee;
(B) the Secretary of Commerce and Community Development or designee;
(C) the Commissioner of Public Safety or designee;
(D) the Executive Director of the American Civil Liberties Union of Vermont or designee;
(E) one member who is an expert in constitutional and legal rights, appointed by the Chief Justice of the Supreme Court;
(F) one member with experience in the field of ethics and human rights, appointed by the Governor;
(G) one member who is an academic at a postsecondary institute, appointed by the Vermont Academy of Science and Engineering;
(H) the Commissioner of Health or designee;
(I) the Executive Director of Racial Equity or designee; and
(J) the Attorney General or designee.
(2) Chair. Members of the Advisory Council shall elect by majority vote the Chair of the Advisory Council. Members of the Advisory Council shall be appointed on or before August 1, 2022 in order to prepare as they deem necessary for the establishment of the Advisory Council, including the election of the Chair of the Advisory Council.
(3) Qualifications. Members shall be drawn from diverse backgrounds and, to the extent possible, have experience with artificial intelligence.
(c) Meetings. The Advisory Council shall meet at the call of the Chair as follows:
(1) on or before January 31, 2024, not more than 12 times; and
(2) on or after February 1, 2024, not more than monthly.
(d) Quorum. A majority of members shall constitute a quorum of the Advisory Council. Once a quorum has been established, the vote of a majority of the members present at the time of the vote shall be an act of the Advisory Council.
(e) Assistance. The Advisory Council shall have the administrative and technical support of the Agency of Digital Services.
(f) Reimbursement. Members of the Advisory Council who are not employees of the State of Vermont and who are not otherwise compensated or reimbursed for their attendance shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.
(g) Consultation. The Advisory Council shall consult with any relevant national bodies on artificial intelligence, including the National Artificial Intelligence Advisory Committee established by the Department of Commerce, and its applicability to Vermont.
(h) Repeal. This section shall be repealed on June 30, 2027.
(Added 2021, No. 132 (Adj. Sess.), § 5, eff. July 1, 2022; amended 2023, No. 6, § 8, eff. July 1, 2023.)
[Repealed]
(Added 2021, No. 132 (Adj. Sess.), § 5, eff. July 1, 2022; amended 2023, No. 6, § 8, eff. July 1, 2023.)
(a)(1) The Commission on Women is created as the successor to the Governor’s Commission on Women established by Executive Order No. 20-86. The Commission shall be organized and have the duties and responsibilities as provided in this section.
(2) The Commission shall be an independent agency of the government of Vermont and shall not be subject to the control of any other department or agency.
(3) Members of the Commission shall be drawn from throughout the State and from diverse racial, ethnic, religious, age, sexual orientation, and socioeconomic backgrounds and shall have had experience working toward the improvement of the status of women in society.
(b) The Commission shall consist of 16 members, appointed as follows:
(1) Eight members shall be appointed by the Governor.
(2)(A) Eight members shall be appointed by the General Assembly, four by the Senate Committee on Committees, and four by the Speaker of the House.
(B) Each chamber may appoint not more than two legislators, and if a chamber appoints two legislators, they shall not be from the same political party.
(c)(1) Not more than four legislators may serve on the Commission at one time.
(2) The terms of members shall be four years. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term.
(d)(1) Members of the Commission shall elect biennially by majority vote the Chair of the Commission.
(2) Members of the Commission shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010, which shall be paid by the Commission.
(e) A majority of the currently appointed members of the Commission shall constitute a quorum. Once a quorum has been established, the vote of a majority of the members present at the time of the vote shall be an act of the Commission.
(f) The Commission may appoint members to an advisory council to provide information on the concerns of Vermont women and assist the Commission in the fulfillment of its responsibilities. The Commission may establish ad hoc committees or task forces to study and make recommendations to the Commission. The chair of such committees or task forces shall be appointed by the Chair of the Commission. The tenure of such committees or task forces shall be determined by the nature of the study and the project undertaken.
(g) The Commission shall conduct studies of matters concerning women, and in furtherance of that responsibility may:
(1) review Vermont statutes with regard to sex discrimination and other matters affecting the status of women;
(2) educate and inform business, education, State and local governments, and the general public about the nature and scope of sex discrimination and other matters affecting the status of women in Vermont;
(3) serve as a liaison and clearinghouse between government, private interest groups, and the general public concerned with services for women, and, in this regard, may publish a periodic newsletter to provide information to these constituencies; and
(4) promote consideration of qualified women for all levels of government positions.
(h) The powers of the Commission shall include the following:
(1) to conduct research and study of issues affecting the status of women in Vermont;
(2) to advise and consult with the Executive and Legislative branches of State government on policies affecting the status of women in Vermont;
(3) to maintain an office and hire employees as necessary to carry out its duties;
(4) to acquire on a contractual or other basis such necessary legal, technical, or research expertise and support services as it may require for the discharge of its duties;
(5) to publish periodic reports documenting the legal, economic, social, and political status, and other concerns of women in Vermont;
(6) to utilize such voluntary and uncompensated services of private individuals, agencies, and organizations as may, from time to time, be offered and needed; and
(7) to accept and solicit funds, including any gifts, donations, grants, or bequests or any federal funds, for any Commission-related purposes.
(i) [Repealed.]
(Added 2001, No. 142 (Adj. Sess.), § 175b; amended 2009, No. 33, § 3; 2018, No. 2 (Sp. Sess.), § 6; 2021, No. 52, § 5, eff. June 3, 2021 (redesignated from 3 V.S.A. § 22); 2023, No. 53, § 4a, eff. June 8, 2023.)
The purpose of this chapter is to identify, reduce, and eliminate environmental health disparities to improve the health and well-being of all Vermont residents.
(Added 2021, No. 154 (Adj. Sess.), § 2, eff. May 31, 2022.)
As used in this chapter:
(1) “Environmental benefits” means the assets and services that enhance the capability of communities and individuals to function and flourish in society. Examples of environmental benefits include access to a healthy environment and clean natural resources, including air, water, land, green spaces, constructed playgrounds, and other outdoor recreational facilities and venues; affordable clean renewable energy sources; public transportation; fulfilling and dignified green jobs; healthy homes and buildings; health care; nutritious food; Indigenous food and cultural resources; environmental enforcement; and training and funding disbursed or administered by governmental agencies.
(2) “Environmental burdens” means any significant impact to clean air, water, and land, including any destruction, damage, or impairment of natural resources resulting from intentional or reasonably foreseeable causes. Examples of environmental burdens include climate change impacts; air and water pollution; improper sewage disposal; improper handling of solid wastes and other noxious substances; excessive noise; activities that limit access to green spaces, nutritious food, Indigenous food or cultural resources, or constructed outdoor playgrounds and other recreational facilities and venues; inadequate remediation of pollution; reduction of groundwater levels; increased flooding or stormwater flows; home and building health hazards, including lead paint, lead plumbing, asbestos, and mold; and damage to inland waterways and waterbodies, wetlands, forests, green spaces, or constructed playgrounds or other outdoor recreational facilities and venues from private, industrial, commercial, and government operations or other activities that contaminate or alter the quality of the environment and pose a risk to public health.
(3) “Environmental justice” means all individuals are afforded equitable access to and distribution of environmental benefits; equitable distribution of environmental burdens; and fair and equitable treatment and meaningful participation in decision-making processes, including the development, implementation, and enforcement of environmental laws, regulations, and policies. Environmental justice recognizes the particular needs of individuals of every race, color, income, class, ability status, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief, or English language proficiency level. Environmental justice redresses structural and institutional racism, colonialism, and other systems of oppression that result in the marginalization, degradation, disinvestment, and neglect of Black, Indigenous, and Persons of Color. Environmental justice requires providing a proportional amount of resources for community revitalization, ecological restoration, resilience planning, and a just recovery to communities most affected by environmental burdens and natural disasters.
(4) “Environmental justice focus population” means any census block group in which:
(A) the annual median household income is not more than 80 percent of the State median household income;
(B) Persons of Color and Indigenous Peoples comprise at least six percent or more of the population; or
(C) at least one percent or more of households have limited English proficiency.
(5) “Limited English proficiency” means that a household does not have a member 14 years or older who speaks English “very well” as defined by the U.S. Census Bureau.
(6) “Meaningful participation” means that all individuals have the opportunity to participate in energy, climate change, and environmental decision-making. Examples include needs assessments, planning, implementation, permitting, compliance and enforcement, and evaluation. Meaningful participation also integrates diverse knowledge systems, histories, traditions, languages, and cultures of Indigenous communities in decision- making processes. It requires that communities are enabled and administratively assisted to participate fully through education and training. Meaningful participation requires the State to operate in a transparent manner with regard to opportunities for community input and also encourages the development of environmental, energy, and climate change stewardship.
(Added 2021, No. 154 (Adj. Sess.), § 2, eff. May 31, 2022.)
It is the policy of the State of Vermont that no segment of the population of the State should, because of its racial, cultural, or economic makeup, bear a disproportionate share of environmental burdens or be denied an equitable share of environmental benefits. It is further the policy of the State of Vermont to provide the opportunity for the meaningful participation of all individuals, with particular attention to environmental justice focus populations, in the development, implementation, or enforcement of any law, regulation, or policy.
(Added 2021, No. 154 (Adj. Sess.), § 2, eff. May 31, 2022.)
(a) As used in this chapter, “covered agencies” means the following State agencies, departments, and bodies: the Agencies of Natural Resources, of Transportation, of Commerce and Community Development, of Agriculture, Food and Markets, and of Education; the Public Utility Commission; the Land Use Review Board; and the Departments of Health, of Public Safety, and of Public Service.
(b) The covered agencies shall consider cumulative environmental burdens, as defined by rule pursuant to subsection 6005(a) of this title, and access to environmental benefits when making decisions about the environment, energy, climate, and public health projects; facilities and infrastructure; and associated funding.
(c) Each of the covered agencies shall create and adopt on or before July 1, 2027 a community engagement plan that describes how the agency will engage with environmental justice focus populations as it evaluates new and existing activities and programs. Community engagement plans shall align with the core principles developed by the Interagency Environmental Justice Committee pursuant to subdivision 6006(c)(2)(B) of this title and take into consideration the recommendations of the Environmental Justice Advisory Council pursuant to subdivision 6006(c)(1)(B) of this title. Each plan shall describe how the agency plans to provide meaningful participation in compliance with Title VI of the Civil Rights Act of 1964.
(d) The covered agencies shall submit an annual summary beginning on March 15, 2024 and annually thereafter to the Environmental Justice Advisory Council detailing all complaints alleging environmental justice issues or Title VI violations and any agency action taken to resolve the complaints. The Advisory Council shall provide any recommendations concerning those reports within 60 days after receipt of the complaint summaries. Agencies shall consider the recommendations of the Advisory Council pursuant to subdivision 6006(c)(1)(E) of this title and substantively respond in writing if an agency chooses not to implement any of the recommendations, within 90 days after receipt of the recommendations.
(e) The Agency of Natural Resources, in consultation with the Environmental Justice Advisory Council and the Interagency Environmental Justice Committee, shall review the definitions contained in section 6002 of this title at least every five years and recommend revisions to the General Assembly to ensure the definition achieves the Environmental Justice State Policy.
(f) The Agency of Natural Resources, in consultation with the Interagency Environmental Justice Committee and the Environmental Justice Advisory Council, shall issue guidance on how the covered agencies shall determine which investments provide environmental benefits to environmental justice focus populations on or before September 15, 2025. A draft version of the guidance shall be released for a 40-day public comment period before being finalized.
(g)(1) On or before February 15, 2026, the covered agencies shall, in accordance with the guidance document developed by the Agency of Natural Resources pursuant to subsection (f) of this section, review the past three years and generate baseline spending reports that include:
(A) where investments were made, if any, and which geographic areas, at the municipal level and census block group, where practicable, received environmental benefits from those investments; and
(B) a description and quantification of the environmental benefits as an outcome of the investment.
(2) The covered agencies shall publicly post the baseline spending reports on their respective websites.
(h) On or before July 1, 2026, it shall be the goal of the covered agencies to direct investments proportionately in environmental justice focus populations.
(i)(1) Beginning on January 15, 2028, and annually thereafter, the covered agencies shall either integrate the following information into existing annual spending reports or issue annual spending reports that include:
(A) where investments were made and which geographic areas, at the municipal level and census block group, where practicable, received environmental benefits from those investments; and
(B) the percentage of overall environmental benefits from those investments provided to environmental justice focus populations.
(2) The covered agencies shall publicly post the annual spending reports on their respective websites.
(j) Beginning on January 15, 2027, the covered agencies shall each issue and publicly post an annual report summarizing all actions taken to incorporate environmental justice into its policies or determinations, rulemaking, permit proceedings, or project review.
(Added 2021, No. 154 (Adj. Sess.), § 2, eff. May 31, 2022; amended 2023, No. 181 (Adj. Sess.), § 39, eff. June 17, 2024.)
(a) On or before July 1, 2027, the Agency of Natural Resources, in consultation with the Environmental Justice Advisory Council and the Interagency Environmental Justice Committee, shall adopt rules to:
(1) define cumulative environmental burdens;
(2) implement consideration of cumulative environmental burdens within the Agency of Natural Resources; and
(3) inform how the public and the covered agencies implement the consideration of cumulative environmental burdens and use the environmental justice mapping tool.
(b) On or before July 1, 2028 and as appropriate thereafter, the covered agencies, in consultation with the Environmental Justice Advisory Council, shall adopt or amend policies and procedures, plans, guidance, and rules, where applicable, to implement this chapter.
(c)(1) Prior to drafting new rules required by this chapter, agencies shall consult with the Environmental Justice Advisory Council to discuss the scope and proposed content of rules to be developed. Agencies shall also submit draft rulemaking concepts to the Advisory Council for review and comment. Any proposed rule and draft Administrative Procedure Act filing forms shall be provided to the Advisory Council not less than 45 days prior to submitting the proposed rule or rules to the Interagency Committee on Administrative Rules (ICAR).
(2) The Advisory Council shall vote and record individual members’ support or objection to any proposed rule before it is submitted to ICAR. The Advisory Council shall submit the results of their vote to both ICAR and the Legislative Committee on Administrative Rules (LCAR).
(Added 2021, No. 154 (Adj. Sess.), § 2, eff. May 31, 2022; amended 2023, No. 181 (Adj. Sess.), § 40, eff. June 17, 2024.)
(a) Advisory Council and Interagency Committee.
(1) There is created:
(A) the Environmental Justice Advisory Council (Advisory Council) to provide independent advice and recommendations to State agencies and the General Assembly on matters relating to environmental justice, including the integration of environmental justice principles into State programs, policies, regulations, legislation, and activities; and
(B) the Interagency Environmental Justice Committee (Interagency Committee) to guide and coordinate State agency implementation of the Environmental Justice State Policy and provide recommendations to the General Assembly for amending the definitions and protections set forth in this chapter.
(2) Appointments to the groups created in this subsection shall be made on or before December 15, 2022.
(3) Both the Advisory Council and the Interagency Committee shall consider and incorporate the Guiding Principles for a Just Transition developed by the Just Transitions Subcommittee of the Vermont Climate Council in their work.
(b) Meetings. The Advisory Council and Interagency Committee shall each meet not more than 12 times per year, with at least four meetings occurring jointly. Meetings may be held in person, remotely, or in a hybrid format to facilitate maximum participation and shall be recorded and publicly posted on the Secretary’s website.
(c) Duties.
(1) The Advisory Council shall:
(A) advise State agencies on environmental justice issues and on how to incorporate environmental justice into agency procedures and decision making as required under subsection 6004(b) of this title and evaluate the potential for environmental burdens or disproportionate impacts on environmental justice focus populations as a result of State actions and the potential for environmental benefits to environmental justice focus populations;
(B) advise State agencies in the development of community engagement plans;
(C) advise State agencies on the use of the environmental justice mapping tool established pursuant to section 6007 of this title and on the enhancement of meaningful participation, reduction of environmental burdens, and equitable distribution of environmental benefits;
(D) review and provide feedback to the relevant State agency, pursuant to subsection 6005(c) of this title, on any proposed rules for implementing this chapter; and
(E) receive and review annual State agency summaries of complaints alleging environmental justice issues, including Title VI complaints, and suggest options or alternatives to State agencies for the resolution of systemic issues raised in or by the complaints.
(2) The Interagency Committee shall:
(A) consult with the Agency of Natural Resources in the development of the guidance document required by subsection 6004(g) of this title on how to determine which investments provide environmental benefits to environmental justice focus populations; and
(B) on or before July 1, 2025, develop, in consultation with the Agency of Natural Resources and the Environmental Justice Advisory Council, a set of core principles to guide and coordinate the development of the State agency community engagement plans required under subsection 6004(c) of this title.
(3) The Advisory Council and the Interagency Committee shall jointly:
(A) consider and recommend to the General Assembly, on or before December 1, 2025, amendments to the terminology, thresholds, and criteria of the definition of environmental justice focus populations, including whether to include populations more likely to be at higher risk for poor health outcomes in response to environmental burdens; and
(B) examine existing data and studies on environmental justice and consult with State, federal, and local agencies and affected communities regarding the impact of current statutes, regulations, and policies on the achievement of environmental justice.
(d) Membership.
(1) Advisory Council. Each member of the Advisory Council shall be well informed regarding environmental justice principles and committed to achieving environmental justice in Vermont and working collaboratively with other members of the Council. To the greatest extent practicable, Advisory Council members shall represent diversity in race, ethnicity, age, gender, urban and rural areas, and different regions of the State. The Advisory Council shall consist of the following 11 members, with a goal to have more than 50 percent residing in environmental justice focus populations:
(A) the Director of Racial Equity or designee;
(B) the following members, appointed by the Committee on Committees:
(i) one representative of municipal government;
(ii) one representative of a social justice organization;
(iii) one representative of mobile home park residents;
(C) the following members, appointed by the Speaker of the House:
(i) one representative who resides in a census block group that is designated as an environmental justice focus population;
(ii) one representative of an organization working on food security issues;
(iii) one representative of immigrant communities in Vermont;
(iv) one representative of a statewide environmental organization;
(D) one representative of a State-recognized Native American Indian tribe, recommended and appointed by the Vermont Commission on Native American Affairs;
(E) the Executive Director of the Vermont Housing and Conservation Board or designee; and
(F) the Chair of the Natural Resources Conservation Council or designee.
(2) Interagency Committee. The Interagency Committee shall consist of the following 11 members:
(A) the Secretary of Education or designee;
(B) the Secretary of Natural Resources or designee;
(C) the Secretary of Transportation or designee;
(D) the Commissioner of Housing and Community Development or designee;
(E) the Secretary of Agriculture, Food and Markets or designee;
(F) the Commissioner of Health or designee;
(G) the Director of Emergency Management or designee;
(H) the Commissioner of Public Service or designee;
(I) the Director of Racial Equity or designee;
(J) the Chair of the Land Use Review Board or designee; and
(K) the Chair of the Public Utility Commission or designee.
(3) Co-chairs. The Advisory Council and the Interagency Committee may each elect two co-chairs.
(4) Terms. After initial appointments, all appointed members of the Advisory Council shall serve six-year terms and serve until a successor is appointed. The initial terms shall be staggered so that one third of the appointed members shall serve a two-year term, another third of the appointed members shall serve a four-year term, and the remaining members shall be appointed to a six-year term.
(5) Vacancies. Vacancies of the Advisory Council shall be appointed in the same manner as original appointments.
(6) Assistance. The Advisory Council shall have the administrative, technical, and legal assistance of the Agency of Natural Resources.
(7) Members of the Advisory Council who are not State employees shall be entitled to per diem compensation and reimbursement of expenses for each day spent in the performance of their duties, as permitted under 32 V.S.A. § 1010. These payments shall be made from monies appropriated to the Agency of Natural Resources.
(Added 2021, No. 154 (Adj. Sess.), § 2, eff. May 31, 2022; amended 2023, No. 78, § E.700, eff. July 1, 2023; 2023, No. 6, § 9, eff. July 1, 2023; 2023, No. 181 (Adj. Sess.), § 41, eff. June 17, 2024.)
(a) The Agency of Natural Resources shall create and maintain the State environmental justice mapping tool. The Agency, in consultation with the Environmental Justice Advisory Council and the Interagency Environmental Justice Committee, shall determine indices and criteria to be included in the State mapping tool to depict environmental justice focus populations and measure environmental burdens at the smallest geographic level practicable.
(b) The Agency of Natural Resources may cooperate and contract with other states or private organizations when developing the mapping tool. The mapping tool may incorporate federal environmental justice mapping tools, such as EJSCREEN, as well as existing State mapping tools such as the Vermont Social Vulnerability Index.
(c) On or before January 1, 2027, the mapping tool shall be available for use by the public as well as by the State government.
(Added 2021, No. 154 (Adj. Sess.), § 2, eff. May 31, 2022; amended 2023, No. 181 (Adj. Sess.), § 42, eff. June 17, 2024.)
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