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H 927

Vermont HousePassed

Summary

H 927, an act relating to technical corrections for the 2026 legislative session, was introduced in the House on Mar 12, 2026 by Rep. Government Operations and Military Affairs. It last saw action on May 1, 2026: House message: Governor approved bill on April 30, 2026.


Record

Text

H 927 has no co-sponsors and has not gone to a roll call.

h927/chaptered.txt
No. 91 Page 1 of 103
2026
No. 91. An act relating to technical corrections for the 2026 legislative
session.
(H.927)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 2 V.S.A. § 601(a) is amended to read:
(a) There is created a the Joint Carbon Emissions Reduction Committee
whose membership shall be appointed each biennial session of the General
Assembly. The Committee shall consist of five Representatives not all from
the same political party, at least one from the Committees on Appropriations,
on Commerce and Economic Development, on Energy and Digital
Infrastructure, on Environment, and on Transportation, to be appointed by the
Speaker of the House, and five members of the Senate not all from the same
political party, at least one from the Committees on Appropriations, on
Finance, on Natural Resources and Energy, and on Transportation, to be
appointed by the Committee on Committees.
Sec. 2. 3 V.S.A. § 14 is amended to read:
§ 14. FEDERAL HIGHWAY SAFETY ACT; POWERS OF GOVERNOR
AND POLITICAL SUBDIVISION
***
(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, and rules as may be applicable.
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(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 rules and the approval of the Governor.
Sec. 3. 3 V.S.A. § 18 is amended to read:
§ 18. SPOUSE ABUSE PROGRAMS; ELIGIBILITY
***
(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.
Sec. 4. 3 V.S.A. § 21 is amended to read:
§ 21. SEXUAL ASSAULT VICTIMS PROGRAM
***
(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.
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(2) The Center shall establish minimum standards for eligibility for
State funds awarded through the provisions of this section.
Sec. 5. 3 V.S.A. § 330 is amended to read:
§ 330. VERMONT INTERNSHIP PROGRAM
(a) Program creation. A The Vermont Internship Program is created:
***
(f) Rights of Vermont Internship Program members.
***
(5) Notwithstanding any provision to the contrary in sections 455 et seq.
chapter 16 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.
***
Sec. 6. 3 V.S.A. § 123 is amended to read:
§ 123. DUTIES OF OFFICE
(a) The Office shall provide administrative, secretarial, financial,
investigatory, inspection, and legal services to the boards. The services
provided by the Office shall include:
***
(9) Standardizing, to the extent feasible and with the advice of the
boards, all applications, licenses, and other related forms and procedures, and
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adopting uniform procedural rules governing the investigatory and disciplinary
process for all boards set forth in section 122 of this chapter subchapter.
***
(g)(1) The Office shall establish uniform procedures applicable to all of the
professions and boards set forth in section 122 of this chapter subchapter,
providing for:
***
Sec. 7. 3 V.S.A. § 343 is amended to read:
§ 343. PRIVATIZATION CONTRACTS; PROCEDURE
***
(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; and
(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 Committee on Government Operations and Military Affairs, and the
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Senate Committees Committee on Government Operations, and the agency
shall review whether to renew the privatization contract or perform the work
with State employees.
Sec. 8. 3 V.S.A. § 459 is amended to read:
§ 459. NORMAL AND EARLY RETIREMENT
(a) Normal retirement.
***
(3) Application submission. 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.
***
(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.
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(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.
***
(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
one and one-fourth of a percent of his or her the member’s 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 one and one-fourth of a 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 one
and two-thirds of a 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
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retirement allowance equal to 1⅔ one and two-thirds of a 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.
***
(d) Early retirement allowance.
***
(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
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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 subdivisions (A) and (B) 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.
***
Sec. 9. 3 V.S.A. § 468 is amended to read:
§ 468. OPTIONAL BENEFITS
(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 the member’s lifetime shall be paid to such
person, if any, as the member has nominated by written designation duly
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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. § 551 314.
(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) [Repealed.]
***
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(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 the member’s retirement allowance, the member shall receive his or
her the member’s retirement allowance computed pursuant to section 459, 460,
or 461 of this title, whichever is applicable.
Sec. 10. 3 V.S.A. § 531 is amended to read:
§ 531. DEFINITIONS
As used in this chapter:
***
(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
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in or after the effective date of this chapter 2023 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 that 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; or
(B) any employer that has only been in business during the current
calendar year.
***
Sec. 11. 3 V.S.A. § 533 is amended to read:
§ 533. DUTIES OF THE STATE TREASURER
In carrying out the purposes of this chapter, the Treasurer:
***
(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 18.
***
(10) Discharge Shall 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,
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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.
Sec. 12. 3 V.S.A. chapter 19 is amended to read:
CHAPTER 19. SOCIAL SECURITY FOR STATE AND MUNICIPAL
EMPLOYEES
***
§ 572. DEFINITIONS
For the purposes of this chapter:
***
(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)(A) service 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)(B) service 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
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respect to such service, a certificate to the Secretary of Health and Human
Services pursuant to subsection 578(b) of this title.
***
(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 the Secretary’s functions under the Social Security Act with respect to
coverage under such act 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.
***
§ 573. FEDERAL-STATE AGREEMENT; INTERSTATE
INSTRUMENTALITIES
(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,
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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:
***
(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 the individual
thereafter becomes eligible to be a member of a Retirement System except as
provided by subdivision (7) hereof of this subsection; and
***
(b)(1) 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,:
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(1)(A) 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)(B) 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)(C) 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.
(2) Such agreement shall, to the extent practicable, be consistent with
the terms and provisions of subsection (a) of this section and other provisions
of this chapter.
§ 574. CONTRIBUTIONS BY STATE EMPLOYEES
(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
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consideration of the employee’s retention in the service of the State, or his or
her the employee’s entry upon such service, after April 26, 1951.
***
§ 575. PLANS FOR COVERAGE OF EMPLOYEES OF POLITICAL
SUBDIVISIONS
***
(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 the employee’s 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 the employee’s
wages as and when paid. Contributions so collected shall be paid into the
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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.
***
§ 576. CONTRIBUTION FUND
(a) There is hereby established a special fund to be known as the
Contribution Fund.
(b) Such The Fund shall consist of and there shall be deposited in such the
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.
(c) 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
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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)(d) 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 the 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)(e) 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)(f) The Treasurer of the State Treasurer 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 the Treasurer may deem
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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)(g) 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)(d) and (c)(e) 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.
***
§ 578. REFERENDA AND CERTIFICATION
(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
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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.
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 the individual 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 the Governor 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.
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***
§ 579. WARRANT FOR STATE’S SHARE OF CONTRIBUTION
(a) Employees not members of a retirement system. The Commissioner of
Finance and Management is hereby directed to issue his or her a 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 a warrant in favor of the 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.
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(c) Members of Vermont State Retirement System. The Commissioner of
Finance and Management is hereby directed to issue his or her a warrant in
favor of the 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.
Sec. 13. 3 V.S.A. § 941 is amended to read:
§ 941. UNIT DETERMINATION, CERTIFICATION, AND
REPRESENTATION
***
(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.
***
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(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.
***
(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.
***
Sec. 14. 3 V.S.A. § 2222 is amended to read:
§ 2222. POWERS AND DUTIES; BUDGET AND REPORT
(a) In addition to the duties expressly set forth elsewhere by law, the
Secretary shall:
***
(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.
***
(5) Have access to and the right to inspect all lands, buildings, and
installations owned or leased by the State, under such regulations rules as the
Governor may approve.
***
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Sec. 15. 3 V.S.A. § 2253 is amended to read:
§ 2253. PERMISSIVE DUTIES; APPROVAL OF SECRETARY
Each commissioner may, with the approval of the Secretary:
(1) Transfer classified positions within or between divisions subject only
to State laws and regulations rules.
***
Sec. 16. 3 V.S.A. § 2453 is amended to read:
§ 2453. PERMISSIVE DUTIES; APPROVAL OF SECRETARY
***
(9) Organize, reorganize, transfer, or abolish divisions, and staff
function sections within the department. This authority shall not extend to
divisions or other bodies created by law.
Sec. 17. 3 V.S.A. § 2511 is amended to read:
§ 2511. DEFINITIONS
***
(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 July 1, 1994.
Sec. 18. 3 V.S.A. § 2516 is amended to read:
§ 2516. CONTRACT PROVISIONS
All contracts or grant awards conferring benefits to businesses after the
effective date of this subchapter July 1, 1994, shall contain a provision
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notifying the business of the recapture provisions provided in this section and
the qualified period for that business under that contract.
Sec. 19. 3 V.S.A. § 2822(i) is amended to read:
(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.
Sec. 20. 3 V.S.A. § 2854(a) is amended to read:
(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 requirements of chapter 13 of this title.
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Sec. 21. 3 V.S.A. § 3002 is amended to read:
§ 3002. CREATION OF AGENCY
***
(c) Units attached to the Agency for administrative support shall receive,
and shall use, the services provided by the Administrative Services Operations
Division of the Agency under section 3086 of this title.
Sec. 22. 3 V.S.A. § 3053 is amended to read:
§ 3053. PERMISSIVE DUTIES; APPROVAL OF SECRETARY
The commissioner may, with the approval of the Secretary:
***
(2) Transfer classified positions within or between divisions subject only
to State personnel laws and regulations rules.
***
(5) Make regulations rules consistent with law for the internal
administration of the department and its programs.
***
Sec. 23. 3 V.S.A. § 3054(a) is amended to read:
(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.
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Sec. 24. 3 V.S.A. § 5022 is amended to read:
§ 5022. DIVISION OF ARTIFICIAL INTELLIGENCE
***
(b) Powers and duties. The Division shall review artificial intelligence
systems developed, employed, or procured in State government, including the
following:
***
(2) make recommendations to the General Assembly on policies, laws,
and regulations rules for artificial intelligence systems in State government;
and
***
Sec. 25. 3 V.S.A. § 6006 is amended to read:
§ 6006. ENVIRONMENTAL JUSTICE ADVISORY COUNCIL AND
INTERAGENCY ENVIRONMENTAL JUSTICE COMMITTEE
(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 rules, legislation, and activities; and
***
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(c) Duties.
***
(3) The Advisory Council and the Interagency Committee shall jointly:
***
(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 rules, and policies on the
achievement of environmental justice.
***
Sec. 26. 4 V.S.A. § 1102 is amended to read:
§ 1102. JUDICIAL BUREAU; JURISDICTION
***
(b) The Judicial Bureau shall have jurisdiction of the following matters:
***
(9) Violations of 7 V.S.A. § 656, relating to illegal possession of
alcoholic beverages and cannabis.
***
Sec. 27. 5 V.S.A. § 202 is amended to read:
§ 202. DEFINITIONS
As used in this part of this title, unless the context otherwise requires:
***
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(2) “Aeronautics instructor” means an individual engaged in giving
instruction, or offering to give instruction, in aeronautics, either in flying or
ground subjects, or both, for hire or reward, without advertising his or her the
individual’s occupation; without calling his or her the individual’s facilities an
“air school” or anything equivalent; and without employing or using other
instructors. But it “Aeronautics instructor” does not include an instructor in a
public school or university of this State, or an institution of higher learning
accredited and approved for carrying on collegiate work, while engaged in his
or her the instructor’s duties as instructor.
***
(26) “Structure” means any object constructed or installed by man a
person, including buildings, towers, smokestacks, and overhead transmission
lines.
Sec. 28. 6 V.S.A. § 4871(g) is amended to read:
(g) Identification; ranking of water quality needs.
(1) Identification; ranking of water quality needs. During an inspection
of a small farm under this section, the Secretary shall identify areas where the
farm could benefit from capital, structural, or technical assistance in order to
improve or come into compliance with the Required Agricultural Practices and
any applicable State water quality permit or certification required under this
chapter.
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(2) Notwithstanding the priority system established under section 4823
of this title, the Secretary annually shall establish a priority ranking system for
small farms according to the water quality benefit associated with the capital,
structural, or technical improvements identified as needed by the Secretary
during an inspection of the farm.
(3) Notwithstanding the priority system established by subdivision (2) of
this subsection, the Secretary may provide financial assistance to a small farm
at any time, regardless of the priority ranking system, if the Secretary
determines that the farm needs assistance to address a water quality issue that
requires immediate abatement.
Sec. 29. 7 V.S.A. § 656 is amended to read:
§ 656. PERSON 12 YEARS OF AGE OR OLDER AND UNDER 21 YEARS
OF AGE MISREPRESENTING AGE, PROCURING, POSSESSING,
OR CONSUMING ALCOHOLIC BEVERAGES; IMPAIRED
DRIVING; POSSESSION OF CANNABIS; CIVIL VIOLATION
***
(b) Prohibited conduct; offenses.
***
(3) Impaired driver penalties.
***
(C) During a suspension issued pursuant to subdivision (A) or (B) of
this subdivision (3), a person may operate a motor vehicle if issued an ignition
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interlock restricted driver’s license or certificate in accordance with 23 V.S.A.
§ 1213.
***
(ii) A person subject to penalties under subdivision (A)(i)(A)(ii) of
this subdivision (b)(3) and who elects to operate a motor vehicle with an
ignition interlock RDL or certificate shall be reinstated only if the person
operates with an ignition interlock RDL or certificate for a period of one year
or until the person reaches 21 years of age, whichever is longer, in addition to
any extension of this period arising from a violation of 23 V.S.A. § 1213.
***
Sec. 30. 8 V.S.A. § 3461 is amended to read:
§ 3461. DEFINITIONS
As used in this chapter:
***
(13) “Equity interest” means any of the following that are not rated
credit instruments:
***
(K) instruments that would be rated credit instruments except for the
provisions of subdivision (39)(B)(38)(B) of this section.
***
Sec. 31. 8 V.S.A. § 4064(b) is amended to read:
(b) Definitions. As used in this section:
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***
Sec. 32. 8 V.S.A. § 4071(c) is amended to read:
(c) Cost sharing. A health insurance plan shall not impose greater
coinsurance, co-payment, deductible, or other cost-sharing requirements for
coverage of gender-affirming health care services than apply to the diagnosis
and treatment of any other physical or mental condition under the plan.
Sec. 33. 8 V.S.A. § 4072 is amended to read:
§ 4072. MENTAL HEALTH AND SUBSTANCE USE DISORDER
SERVICES
***
(d)(1)(A) A health insurance plan that does not otherwise provide for
management of care under the plan, or that does not provide for the same
degree of management of care for all health conditions, may provide coverage
for treatment of mental conditions through a managed care organization,
provided that the managed care organization is in compliance with rules
adopted by the Commissioner that ensure that the system for delivery of
treatment for mental conditions does not diminish or negate the purpose of this
section. In reviewing policy rates and forms pursuant to section 4026 of this
title, the Commissioner or the Green Mountain Care Board established in
18 V.S.A. chapter 220, as appropriate, shall consider the compliance of the
policy with the provisions of this section.
***
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(C) Prior to the adoption of rules pursuant to this subdivision (d)(1),
the Commissioner shall consult with the Commissioner of Mental Health and
the task force established pursuant to subsection (h) of this section concerning:
***
(e) To be eligible for coverage under this section, the service shall be
rendered:
***
(2) For treatment of substance abuse use disorder, either:
***
Sec. 34. 8 V.S.A. § 4082(a)(3)(A) is amended to read:
(A) necessary to develop skills and abilities for the maximum
reduction of physical or mental disability and for restoration of an individual to
the individual’s best functional level, or to ensure that an individual under 21
years of age achieves proper growth and development; and
Sec. 35. 9 V.S.A. § 2287(b) is amended to read:
(b) For the purposes of subdivision 2288(a)(2) and section 2289 of this
title, a person gives a reasonably equivalent value if the person acquires an
interest of the debtor in an asset pursuant to a regularly conducted,
nonconclusive noncollusive foreclosure sale or execution of a power of sale for
the acquisition or disposition of the interest of the debtor upon default under a
mortgage, deed of trust, or security agreement.
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Sec. 36. 9 V.S.A. § 2491 is amended to read:
§ 2491. FINDINGS; LEGISLATIVE INTENT
The General Assembly finds that:
***
Sec. 37. 9 V.S.A. § 2494s is amended to read:
§ 2494s. SALE OF PERSONAL PROTECTIVE EQUIPMENT
CONTAINING PFAS PROHIBITED SALE OF PERSONAL
PROTECTIVE EQUIPMENT CONTAINING PFAS
***
Sec. 38. 9A V.S.A. § 1—301(c)(2) is amended to read:
(2) Sections 2A—105 and 2A—106. Applicability of this the Article on
Leases;
Sec. 39. 9A V.S.A. § 5—109(b)(3) is amended to read:
(3) all of the conditions to entitle a person to the relief under the law of
this state State have been met; and
Sec. 40. 9A V.S.A. § 8—110(d) is amended to read:
(d) “Issuer’s jurisdiction” means the jurisdiction under which the issuer of
the security is organized or, if permitted by the law of that jurisdiction, the law
of another jurisdiction specified by the issuer. An issuer organized under the
law of this state State may specify the law of another jurisdiction as the law
governing the matters specified in subdivisions (a)(2) through (5) of this
section.
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Sec. 41. 9A V.S.A. § 9—316(d) is amended to read:
(d) Except as otherwise provided in subsection (e) of this section, a security
interest in goods covered by a certificate of title which is perfected by any
method under the law of another jurisdiction when the goods become covered
by a certificate of title from this state State remains perfected until the security
interest would have become unperfected under the law of the other jurisdiction
had the goods not become so covered.
Sec. 42. 9A V.S.A. § 9—503(a)(4) is amended to read:
(4) subject to subsection (g) of this section, if the debtor is an individual
to whom this state State has issued a driver’s license that has not expired, only
if the financing statement provides the name of the individual which that is
indicated on the driver’s license;
Sec. 43. 9A V.S.A. § 9—503(g) is amended to read:
(g) If this state State has issued to an individual more than one driver’s
license of a kind described in subdivision (a)(4) of this section, the one that
was issued most recently is the one to which subdivision (a)(4) of this section
refers.
Sec. 44. 9A V.S.A. § 9—514(c) is amended to read:
(c) An assignment of record of a security interest in a fixture covered by a
record of a mortgage which that is effective as a financing statement filed as a
fixture filing under subsection 9—502(c) of this title may be made only by an
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assignment of record of the mortgage in the manner provided by law of this
state State other than this title.
Sec. 45. 9A V.S.A. § 9—706(a)(2) is amended to read:
(2) the preeffective-date financing statement was filed in an office in
another state or another office in this state State; and
Sec. 46. 9A V.S.A. § 9—707(d) is amended to read:
(d) If the law of this state State governs perfection of a security interest, the
effectiveness of a preeffective-date financing statement may be continued only
under subsections 9—705(d) and (f) or section 9—706 of this title.
Sec. 47. 9A V.S.A. § 9—807 is amended to read:
§ 9—807. AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING
STATEMENT
***
(c) Except as otherwise provided in subsection (d) of this section, if the law
of this State governs perfection of a security interest, the information in a pre
effective date pre-effective-date financing statement may be amended after the
Act takes effect only if:
***
(e) Whether or not the law of this state State governs perfection of a
security interest, the effectiveness of a pre-effective-date financing statement
filed in this State may be terminated after the Act takes effect by filing a
termination statement in the office in which the pre-effective-date financing
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statement is filed, unless an initial financing statement that satisfies subsection
9—806(c) of this title has been filed in the office specified by the law of the
jurisdiction governing perfection as provided in Article 9 of this title, as
amended by the Act, as the office in which to file a financing statement.
Sec. 48. 10 V.S.A. § 577(b) is amended to read:
(b) As used in this section:
***
(5) “Race” means a race or contest on an oval track permitted under 26
V.S.A. § 4802 involving a motor vehicle at which prizes or other consideration
is awarded to participants or admission is charged to spectators. However, this
subdivision shall not apply to sports car events as that term is defined in 26
V.S.A. § 4801.
(6) “Sports car event” means an event in which one motor vehicle at a
time competes over a defined course against a set standard, including standards
as to time, distance, and performance. Sports car events include rallies,
gymkhanas, hill climbs, and performance trials.
Sec. 49. 10 V.S.A. § 1266b(a)(2) is amended to read:
(2) “Fertilizer” shall have has the same meaning as in 6 V.S.A. § 363(5)
§ 363(7).
Sec. 50. 10 V.S.A. § 4255(c)(8) is amended to read:
(8) A person with developmental disabilities who is a Vermont resident
may receive a free permanent fishing license upon submission to the
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Commissioner of a statement signed by the person’s treating health care
provider, as that term is defined in 18 V.S.A. § 9402, certifying that the person
meets the definition of a person with development developmental disabilities.
“A person with developmental disabilities” has the same meaning as in
18 V.S.A. § 9302.
Sec. 51. 10 V.S.A. § 6085(e) is amended to read:
(e) The Land Use Review Board and any District Commission, acting
through one or more duly authorized representatives at any prehearing
conference or at any other times deemed appropriate by the Natural Resources
Board or by the District Commission, shall promote expeditious, informal, and
nonadversarial resolution of issues, require the timely exchange of information
concerning the application, and encourage participants to settle differences.
No District Commissioner who is participating as a decisionmaker decision-
maker in a particular case may act as a duly authorized representative for the
purposes of this subsection. These efforts at dispute resolution shall not affect
the burden of proof on issues before a Commission or the Environmental
Division, nor shall they affect the requirement that a permit may be issued only
after the issuance of affirmative findings under the criteria established in
section 6086 of this title.
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Sec. 52. 10 V.S.A. § 7184(c) is amended to read:
(c) Stewardship organization fees. A stewardship organization is
authorized to charge its members reasonable fees for the organization,
administration, and implementation of the programs required by this chapter.
Sec. 53. 10 V.S.A. § 8004 is amended to read:
§ 8004. ENFORCEMENT OF ACT 250
In addition to the enforcement of chapter 151 of this title on the Secretary’s
initiative, the Secretary shall institute enforcement proceedings under chapter
151 when requested by the Natural Resources Land Use Review Board. The
Secretary and the Land Use Review Board shall develop procedures for the
cooperative enforcement of chapter 151 of this title.
Sec. 54. 10 V.S.A. § 8007 is amended to read:
§ 8007. ASSURANCES OF DISCONTINUANCE
(a) As an alternative to administrative or judicial proceedings, the
Secretary, or the Natural Resources Land Use Review Board, may accept from
a respondent an assurance of discontinuance of a violation. An assurance of
discontinuance shall include:
***
Sec. 55. 11 V.S.A. § 1639 is amended to read:
§ 1639. FORMS; PROCEDURES; RULES
The Secretary of State may adopt forms, procedures, and rules to implement
the processes and provisions of governing business registration in this State.
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Sec. 56. 16 V.S.A. § 1388 is amended to read:
§ 1388. STOCK SUPPLY AND EMERGENCY ADMINISTRATION OF
EPINEPHRINE
(a) As used in this section:
***
(6) “School nurse” means a school nurse or associate school nurse
endorsed by the Agency of Education pursuant to the Agency of Education,
Licensing of Educators and the Preparation of Educational Professionals rule
(CVR 22-000-010) or registered nurses a registered nurse certified through the
Office of Professional Regulation and contracted to perform the duties of a
school nurse.
***
Sec. 57. 16 V.S.A. § 1480(d) is amended to read:
(d) The template maintained by the Vermont School Safety Center shall
include, at a minimum, hazard-specific provisions for:
(1) Acute cardiac events in schools, including protocols that address:
(A) the use and maintenance of automated external defibrillator
(AED) devices;
(B) the specific steps to reduce death from cardiac arrest during
school activities or within school or district facilities, which shall be consistent
with nationally recognized, evidence-based standards;
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(C) the appropriate use of school personnel to respond to incidents
involving an individual experiencing sudden cardiac arrest or a similar life-
threatening emergency while on school grounds;
(D) implementation of AED placement and routine maintenance
within each school or district facility, which shall be consistent with applicable
nationally recognized, evidence-based standards, and which shall include a
requirement for clearly marked and easily accessible AEDs at each athletic
venue where practices or competitions are held; and
(E) required staff training in CPR and AED use and practice drills
regarding the cardiac response plan; and
(2) An athletic emergency action plan (AEAP) for all public or approved
and recognized independent schools with an athletic department or organized
athletic program. The AEAP shall detail the steps to be taken in response to a
serious or life-threatening injury of a student participating in sports or other
athletic activities. The AEAP established by public and independent schools
pursuant to this subdivision shall be consistent with the athletic emergency
action plans policy established by the Vermont Principals’ Association.
Sec. 58. 17 V.S.A. chapter 31 is amended to read:
CHAPTER 31. CONVENTIONS TO AMEND U.S. CONSTITUTION
§ 1811. GOVERNOR TO CALL
Whenever the Congress of the United States shall submit to the several
states an amendment to the U.S. Constitution of the United States, and
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pursuant to Article V of such the U.S. Constitution shall provide that such the
amendment be acted upon by conventions in the several states, the Governor,
within 60 days after such the amendment has been officially transmitted from
the United States to this State, shall issue a call for the election of delegates to
a convention to act upon such the amendment. He or she The Governor shall
set the date for the election of delegates and the date and hour for the holding
of such the convention.
§ 1812. COMPOSITION OF CONVENTION
The convention shall be composed of 14 delegates elected at large by the
qualified voters of Vermont. It shall meet in the Senate chamber of the capitol
at State House in Montpelier. The date for the holding of such the convention
shall be not less than 20 nor more than 30 days after the election of delegates.
§ 1813. ELECTION OF DELEGATES
The election of delegates shall take place not less than three nor more than
12 months after the call, but in no case shall it occur within 40 days of before
the date fixed by law for a general or primary election.
§ 1814. APPOINTMENT OF CANDIDATES FOR DELEGATES
Not less than 30 days before the date of the election of delegates, the
Governor, the Lieutenant Governor, and the Speaker of the House of
Representatives, or in case of incapacity of any one of them, the Secretary of
State in his or her that person’s stead, shall appoint and forthwith announce the
names of 28 candidates for delegates, such the candidates being in their
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opinion representative citizens of Vermont. Fourteen of these candidates shall
be persons who assent to the placing of their names on the ballots as “For
Ratification,” and 14 shall be persons who assent to the placing of their names
on the ballot as “Against Ratification.” One candidate for ratification and one
candidate against ratification shall be appointed from each county in the State.
§ 1815. ACCEPTANCE OF CANDIDACY
On accepting such the designation each candidate shall file his or her the
candidate’s acceptance as follows:
“I do hereby accept this appointment as candidate for delegate to the
convention to be held on the ............ day of ...........................; and assent to
the placing of my name on the ballot as For Ratification or Against
Ratification.
Signed .........................................”
***
§ 1818. CHECKLIST TO BE USED
The check list checklist used in the last preceding general election shall
apply, but may be revised as now provided by law for check lists checklists
used at general elections. The polls for this election shall open at 10 10:00
a.m. and close at 8 8:00 p.m.
§ 1819. CANVASSING BOARD
The Lieutenant Governor, the Speaker of the House of Representatives, and
the Secretary of State shall canvass the ballots, declaring elected the 14
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candidates who have received the greatest number of votes, and the Secretary
of State shall publish the results. The Secretary of State, upon the completion
of the canvass, shall mail or deliver in person to each delegate so elected a
notice thereof of election, and such the delegates so elected shall be members
of the convention.
§ 1820. GENERAL ELECTION LAW TO APPLY; EXPENSE OF
ELECTION
Expenses of such the election shall be paid by the State or town as in the
case of general elections. The statutory provisions as to holding general
elections, furnishing ballots, instructions and forms, appointment and payment
of election officers, filling of vacancies, solicitation of voters at the polls,
challenging of voters, manner of conducting elections, counting and preserving
the ballots and making ballot returns thereof, and all other kindred subjects
shall apply to such the elections insofar as they are consistent with this chapter,
it being the intent of this chapter to place such the elections under the
regulation and protection of the laws relating to general elections.
§ 1821. CONSTRUCTION OF CHAPTER
The provisions of this chapter shall be liberally construed so that the real
will of the voters shall not be defeated and so that the voters shall not be
deprived of their right because of informality or failure to comply with
provisions of law as to notice or conduct of the election or of certifying the
results thereof of the election.
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***
§ 1823. QUORUM; SECRETARY
A majority of the delegates shall constitute a quorum to do business, when
convened according to the provisions of this chapter. The Secretary of State
shall be ex officio Secretary of the convention and, with the Chair of the
convention, he or she the Secretary shall certify the vote of the convention to
the Secretary of State of the United States.
***
§ 1825. EFFECT OF CONGRESSIONAL PRESCRIPTION OF THE
MANNER OF HOLDING CONVENTIONS
If, on or about the time of submitting any such amendment, Congress, in the
resolution submitting the same amendment, or by statute, shall prescribe the
manner in which the conventions shall be constituted, the preceding provisions
of this chapter shall be inoperative. The convention shall be constituted and
shall operate as the resolution or act of Congress shall direct, and all officers of
the State who may by the resolution or statute be authorized or directed to take
any action to constitute such a convention for this State are hereby authorized
and directed to act thereunder under and in conformity thereto with the
resolution or statute, with the same force and effect as if acting under a statute
of this State.
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Sec. 59. 17 V.S.A. § 1891 is amended to read:
§ 1891. STATEMENT OF POLICY
The order of the U.S. District Court for the district of Vermont entered
August 3, 1964, modified and affirmed by the Supreme Court of the United
States, January 12, 1965 (Parsons v. Buckley, 85 S.Ct. 503, 379 U.S. 359
(1965), 13 L.Ed.2d 352), requires that both houses of the Vermont General
Assembly of Vermont be apportioned and districted on a basis other than the
manner provided for in the Constitution of this State. Such The order further
provides that if reapportionment legislation is not enacted by July 1, 1965, the
district court shall reapportion the General Assembly so as to comply with the
Equal Protection Clause of the Fourteenth 14th Amendment to the U.S.
Constitution. In the light of this order, the Vermont General Assembly of
Vermont declares that apportioning and districting is primarily a responsibility
of the Legislature General Assembly at this time to be accomplished by this
chapter, and in such a manner as to achieve substantial equality in the choice of
members of the General Assembly as guaranteed by the U.S. Constitution of
the United States of America. It is further declared to be the policy of the State
of Vermont that the constitutional basis of apportionment of the House of
Representatives can best be measured in this State by population.
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Sec. 60. 17 V.S.A. chapter 34A is amended to read:
CHAPTER 34A. PERIODIC REAPPORTIONMENT
§ 1901. PURPOSE
***
(b) To comply with such that requirement it will be necessary to
reapportion the House of Representatives and the Senate at periodic intervals,
so that changes may be recognized in legislative apportionment.
(c) It is the purpose of this chapter to achieve such reapportionment in an
orderly and impartial manner.
***
§ 1903. PERIODIC REAPPORTIONMENT; STANDARDS
(a) The House of Representatives and the Senate shall be reapportioned and
redistricted on the basis of population during the biennial session after the
taking of each decennial census of the United States, or after a census taken for
the purpose of such reapportionment under the authority of this State.
***
§ 1904. LEGISLATIVE APPORTIONMENT BOARD
(a) There is hereby created the Legislative Apportionment Board,
consisting of: a special master designated by the Chief Justice of the Supreme
Court; one resident of the State of Vermont for five years immediately
preceding the appointment, appointed by the Governor from each political
party that has had more than three members serve as members of the General
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Assembly, who are not all from the same county, for at least three of the five
biennial legislative sessions since the taking of the previous decennial census
of the United States; and one resident of the State of Vermont for the five years
immediately preceding the appointment, elected by the State committee of
each of those political parties, a quorum of each committee being present and
voting. No member of the Board shall serve as a member or employee of the
General Assembly, or of either house thereof. The special master so
designated shall be Chair of the Board, and shall call such meetings as may be
necessary for the accomplishment of the duties of the Board hereafter set forth
pursuant to this chapter. The Vermont Secretary of State of Vermont shall be
secretary of the Board, but shall have no vote. For the purpose of determining
representation of a political party under this section, if a candidate for election
to the General Assembly accepted a nomination from more than one political
party, that candidate’s party affiliation shall be only that political party to
which he or she the candidate filed a petition for nomination.
***
(c) For administrative purposes, the Board shall be part of the office of the
Secretary of State, and funds for the Board’s operation shall be appropriated
for the Secretary of State, provided, however, that expenditures of such the
appropriation shall be directed by the Board.
***
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(e) The Board may employ or contract for such expert assistants or
services, or both, as may be necessary to carry out its duties.
***
§ 1906. INITIAL DISTRICTS; FINAL PROPOSAL; FINAL PLAN
Upon receiving recommendations made under section 1905 of this title, the
Board shall consider the same, and shall, not later than August 15, prepare a
final proposal for dividing the State into initial districts for the election of 150
Representatives. The Chair of the Board shall, on or before August 15,
transmit such the proposal to the Clerk of the House, and the proposal shall
then be referred to the appropriate committee. The General Assembly shall
then accept the proposal and enact it into law or substitute another plan for
reapportionment; provided, however, that:
***
§ 1906a. FINAL DIVISION INTO REPRESENTATIVE DISTRICTS
***
(b) Each initial district listed in section 1893 of this title that is entitled to
elect two Representatives shall constitute a representative district and may
elect two Representatives at elections for Representatives until the next
reapportionment, unless such the district is divided into two single-member
representative districts as provided in section 1906b of this title, in which case
the resulting single-member representative districts shall each be entitled to
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elect one Representative at elections for Representatives until the next
reapportionment.
***
§ 1907. SENATE APPORTIONMENT
(a)(1) On or before July 1 of each year following the taking of a decennial
census under the authority of Congress, the Board shall prepare a proposal for
reapportionment of the Senate, apportioning the 30 senatorial seats among the
counties or combinations of counties with a maximum of three members in
each proposed district, and in such manner as to achieve substantial equality in
the choice of members as guaranteed by the Equal Protection Clause of the
Fourteenth 14th Amendment to the U.S. Constitution.
(2) The Chair of the Board shall transmit such the proposal to the
Secretary of the Senate and it shall be referred to the appropriate committee.
***
Sec. 61. 17 V.S.A. § 2145 is amended to read:
§ 2145. APPLICATION FORMS
(a) The voter registration application shall be in the form approved by the
Federal Election Commission or by the Secretary of State. The application
form approved by the Secretary shall include:
(1) A place for the applicant to swear or affirm, by checking the
appropriate box, that he or she the applicant meets all voter eligibility
requirements set forth in section 2121 of this title and a place for the signature
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of the applicant affirming, under penalty of perjury, that all information
submitted by the applicant is accurate and truthful. The affirmation shall
include the following information:
***
(D)(i) If the applicant has been issued a current and valid driver’s
license or nondriver’s identification, the applicant’s driver’s license number or
nondriver’s identification number;.
(ii) If the applicant does not possess a driver’s license number, the
last four digits of the applicant’s Social Security number; or.
(iii) If the applicant does not possess a Social Security number, the
town clerk shall contact the Secretary of State and the Secretary shall assign a
unique identifier for the applicant.
***
Sec. 62. 17 V.S.A. § 2547 is amended to read:
§ 2547. DEFECTIVE BALLOTS
***
(b) Each defective ballot or unopened certificate envelope shall be:
(1) affixed with a note from the presiding officer indicating the reason it
was determined to be defective; and
(2) placed with other such defective ballots in an envelope marked
“Defective Ballots — Voter Checked Off Checklist — Do Not Count.”.
***
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Sec. 63. 17 V.S.A. § 2548 is amended to read:
§ 2548. VOTING IN PERSON
***
(b)(1) A voter who has been issued an early ballot, either by the Secretary
of State’s office pursuant to section 2537a of this subchapter or otherwise by
the town clerk, but who has not returned the voter’s voted ballot to the clerk,
may vote in person at the polling place on election day.
***
(3) If the voter brings the marked ballot, but it is not enclosed in the
certificate envelope, the voter shall be marked off the checklist and be allowed
to cast that ballot into the secure ballot box or tabulator in the same manner as
other voters who are voting in the polling place. The clerk shall record any
such the voter as having voted in person on election day in the online election
management system.
(4) If the voter brings the unmarked ballot, the voter shall be marked off
the checklist and allowed to proceed to a voting booth to mark that ballot and
cast it into the ballot box or tabulator in the same manner as other voters who
are voting in the polling place. The presiding officer may choose to provide
any such the voter with a new ballot in exchange for the unvoted ballot that the
voter brought to the polls. The clerk shall record any such the voter as having
voted in person on election day in the online election management system.
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(5) If the voter does not bring a marked or an unmarked ballot with them
to the polls, the voter shall be required to sign an affidavit that the voter has not
previously cast a ballot in the election and only then shall they the voter be
checked off the checklist and allowed to vote in the same manner as all other
voters who are voting at the polling place. The clerk shall record any such the
voter as having voted in person on election day in the online election
management system. Any affidavits signed by voters at the polling place
pursuant to this section shall be retained for a period of 90 days following the
election.
Sec. 64. 17 V.S.A. § 2557 is amended to read:
§ 2557. TOWN CLERK APPROVAL OF PROVISIONAL VOTER
ATTESTATION
(a) The town clerk may make such any investigation as he or she the clerk
deems proper to verify any fact stated in the application. In making the
determination whether to accept the provisional voter’s attestation, the town
clerk shall determine whether the applicant meets all of the registration
eligibility requirements. However, the town clerk may not require a
provisional voter to complete any form other than that approved under section
2555 of this title; nor may the board of civil authority require all provisional
voters or any particular class or group of provisional voters to appear
personally before a meeting of the board or routinely or as a matter of policy
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require provisional voters to submit additional information to verify or
otherwise support the information contained in the attestation.
***
Sec. 65. 17 V.S.A. § 2564 is amended to read:
§ 2564. CHALLENGES
(a)(1)(A) Each organized political party, each candidate on the ballot not
representing an organized political party, and each committee supporting or
opposing any public question on the ballot shall have the right to have not
more than two representatives for each voting district, in a polling place but
outside the guardrail, for the purpose of observing the voting process and
challenging the right of any person to vote.
(B) In no event shall such the representatives be permitted to
interfere with the orderly conduct of the election, and the presiding officer
shall have authority to impose reasonable rules for the preservation of order.
***
Sec. 66. 17 V.S.A. § 2586 is amended to read:
§ 2586. TALLY SHEETS; SUMMARY SHEETS; RETURNS
The Secretary of State shall design, prepare, and distribute a sufficient
supply of the following forms, which may be used in each polling place during
the counting process:
***
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(2) Summary sheets. These sheets shall be used to record the totals
shown on all tally sheets in the polling place for each office or public question,
and the sum of such the totals. They shall provide a place to identify the office
or public question, the candidates, and the signatures of the presiding officer
and at least one other election official.
***
Sec. 67. 17 V.S.A. § 2590 is amended to read:
§ 2590. SECURING AND STORING BALLOTS, TALLY SHEETS, AND
CHECKLISTS
***
(b) The Secretary of State shall furnish to all town clerks sufficient
quantities of uniform-style containers. The Secretary shall establish a method
by which the outside of each container shall indicate the contents of the
container, the town to which it belongs, and such any other pertinent
information as may be required.
***
(d) Except as otherwise provided by federal law, all ballots and tally sheets
shall be retained for a period of 90 days from following the date of the
election, after which time they may be destroyed; provided, however, that if a
court order is entered prior to the expiration of the 90-day period, ordering
some different disposition of the ballots, the town clerk shall abide by such the
order.
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***
Sec. 68. 17 V.S.A. § 2592 is amended to read:
§ 2592. CANVASSING COMMITTEES; CANVASS OF VOTES IN
GENERAL OR SPECIAL ELECTIONS
***
(j) The certificate shall be a sufficient credential of such the person’s
election, unless superseded by a court order as provided by subchapter 9 of this
chapter.
***
Sec. 69. 17 V.S.A. § 2602c is amended to read:
§ 2602c. PREPARATION FOR RECOUNT; GENERAL RULES
***
(b) Preliminary requirements. Before the recount begins and any
containers are opened:
(1) Explaining procedures. The county clerk shall explain the recount
procedures that are to be followed and shall answer questions relating to such
the procedures.
(2) Blank ballots; vote tabulator test.
(A) The county clerk shall obtain blank ballots from the town clerks
of the towns subject to the recount. These blank ballots shall be used as test
ballots to perform the vote tabulator test described in this subdivision (2).
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(B)(i) The vote tabulator team shall perform a test of the vote
tabulators that will be used by marking and feeding into each tabulator a
minimum of 10 test ballots. The test ballots shall be marked with various
votes for each candidate for the office subject to the recount.
(ii) If more than one memory card is to be used, such a test shall
be performed for each memory card.
***
Sec. 70. 17 V.S.A. § 2602e is amended to read:
§ 2602e. SORTING BALLOTS; BALLOT REVIEW; RECOUNT OF
REMOVED BALLOTS BY HAND
***
(d) Hand count of removed ballots; questionable votes.
***
(3)(A) This hand count shall be in accordance with the rules for
counting ballots set forth in section 2587 of this chapter, except that if two
persons on the counting team do not agree on how to count a vote, the ballot
shall be set aside as containing a questionable vote.
(B)(i) For any questionable vote, a copy of the ballot shall be made,
and this copy shall be clearly marked on its face, identifying it as a copy. Once
the recount of a container is completed, any such copies shall be placed on the
top of the other ballots and shall remain together with the other ballots.
***
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Sec. 71. 17 V.S.A. § 2602j is amended to read:
§ 2602j. COURT HEARING AND JUDGMENT
***
(f) After such the hearings or arguments as may be indicated under the
circumstances and after it has made a final decision on any questionable votes
or defective ballots, the Superior Court, within five working days, shall:
***
Sec. 72. 17 V.S.A. § 2603 is amended to read:
§ 2603. CONTEST OF ELECTIONS
***
(d) The Vermont Rules of Civil Procedure shall apply to contests of
elections, except that such the cases shall be placed upon a special calendar,
and hearings shall be scheduled on a priority basis, as public policy demands
that such the questions be resolved promptly.
***
Sec. 73. 17 V.S.A. § 2605 is amended to read:
§ 2605. HOUSE OF REPRESENTATIVES
***
(b)(1) The Secretary of State shall notify the Attorney General, who shall
investigate the facts, take such depositions as may be necessary, prepare an
opinion on the law and facts, and send his or her a report and opinion to the
Clerk of the House at least 10 days before the General Assembly convenes.
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(2) If the Attorney General needs additional time to conduct the
investigation or prepare the report and opinion required by this subsection, he
or she the Attorney General shall alert the Clerk of the House of that need and
the date by which he or she the Attorney General plans to submit the report and
opinion.
Sec. 74. 17 V.S.A. § 2606 is amended to read:
§ 2606. SENATE
***
(b)(1) The Secretary of State shall notify the Attorney General, who shall
investigate the facts, take such depositions as may be necessary, prepare an
opinion on the law and facts, and send his or her a report and opinion to the
Secretary of the Senate at least 10 days before the General Assembly convenes.
(2) If the Attorney General needs additional time to conduct the
investigation or prepare the report and opinion required by this subsection, he
or she the Attorney General shall alert the Secretary of the Senate of that need
and the date by which he or she the Attorney General plans to submit the report
and opinion.
Sec. 75. 17 V.S.A. § 2616 is amended to read:
§ 2616. JURISDICTION TO PROSECUTE CRIMINAL OFFENSES
The State’s Attorney in any county in which all or a part of any violation of
this title was committed shall have authority to prosecute such any violations.
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The prosecution shall be conducted before the Vermont Criminal Division of
the Superior Court.
Sec. 76. 17 V.S.A. § 2630 is amended to read:
§ 2630. APPLICABILITY
Except as otherwise provided, and to the extent that such a construction
would be reasonable, the provisions of this title shall apply to this chapter.
Sec. 77. 17 V.S.A. § 2631 is amended to read:
§ 2631. MUNICIPAL CHARTERS
(a) Unless otherwise provided by law, when the charter of a municipality
provides for procedures other than those established by law, the provisions of
that charter shall prevail.
(b) Except as provided in subsection (a) of this section, all provisions of
law relating to a municipality shall apply to such a municipality with a charter.
Sec. 78. 17 V.S.A. § 2640 is amended to read:
§ 2640. ANNUAL MEETINGS
(a) A meeting of the legal voters of each town shall be held annually on the
first Tuesday of March for the election of officers and the transaction of other
business, and it may be adjourned to another date. When a municipality fails
to hold an annual meeting, a warning for a subsequent meeting shall be issued
immediately, and at that meeting all the officers required by law may be
elected and its business transacted.
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(b)(1) When a town so votes, it may thereafter start its annual meeting on
any of the three days immediately preceding the first Tuesday in March at such
a time as it elects and may transact at that time any business not involving
voting by Australian ballot or voting required by law to be by ballot and to be
held on the first Tuesday in March. A meeting so started shall be adjourned
until the first Tuesday in March.
***
Sec. 79. 17 V.S.A. § 2640a is amended to read:
§ 2640a. REPRESENTATIVE ANNUAL MEETINGS
***
(b)(1) A representative form of annual or special meeting is a meeting of
members elected by district to exercise the powers vested in the voters of the
town to act upon articles. However, the election of officers, public questions,
and all articles to be voted upon by Australian ballot as required by law or as
voted under section 2680 of this title at a prior annual or special meeting, and
reconsideration of articles under section 2661 of this title, shall remain vested
in the voters of the town.
(2) An organizational resolution to adopt a representative form of annual
or special meeting may be made by the legislative body of the municipality or
by petition of five percent of the voters of the municipality. An official copy
of the organizational resolution shall be filed in the office of the clerk of the
municipality at least 10 days before the annual or special meeting at which the
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vote whether to adopt the organizational resolution shall take place, and copies
thereof of the organizational resolution shall be made available to members of
the public upon request.
***
Sec. 80. 17 V.S.A. § 2641 is amended to read:
§ 2641. WARNING AND NOTICE REQUIRED; PUBLICATION OF
WARNINGS
***
(b) In addition, the warning shall be published in a newspaper of general
circulation in the municipality at least five days before the meeting, unless the
warning is published in the town report and distributed as provided in
24 V.S.A. § 1682. The legislative body annually shall designate the paper in
which such a the warning may be published. The warning shall also be posted
on the municipality’s website, if the municipality actively updates its website
on a regular basis.
(c) No such warning shall be required for municipal informational meetings
at which no voting is to take place.
Sec. 81. 17 V.S.A. § 2645 is amended to read:
§ 2645. CHARTERS; ADOPTION, REPEAL, OR AMENDMENT;
PROCEDURE
(a) A municipality may propose to the General Assembly to adopt, repeal,
or amend its charter by majority vote of the legal voters of the municipality
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present and voting at any annual or special meeting warned for that purpose in
accordance with the following procedure:
***
(2) An official copy of the charter proposal shall be filed as a public
record in the office of the clerk of the municipality at least 10 days before the
first public hearing. The clerk shall certify the date on which he or she the
clerk received the official copy, and the dated copies thereof of the charter
proposal shall be made available to members of the public upon request.
***
(4)(A) If the charter proposal is made by the legislative body, the
legislative body may revise the proposal as a result of suggestions and
recommendations made at a public hearing, but in no event shall such any
revisions be made less than 20 days before the date of the meeting to vote on
the charter proposal.
(B) If revisions are made, the legislative body shall post a notice of
these revisions in the same places as the warning for the meeting not less than
20 days before the date of the meeting and shall attach such the revisions to the
official copy kept on file for public inspection in the office of the clerk of the
municipality.
***
(6)(A) Notice of each public hearing and of the annual or special
meeting shall be given in accordance with section 2641 of this chapter.
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(B)(i) Each notice shall specify the charter sections to be adopted,
repealed, or amended, setting out those sections in the amended form, with
deleted matter struck through and new matter underlined.
(ii) If the legislative body of the municipality determines that the
charter proposal is too long or unwieldy to set out in amended form, the notice
shall include a concise summary of the charter proposal and shall state that an
official copy of the charter proposal is on file for public inspection in the office
of the clerk of the municipality and that official copies thereof of the charter
proposal shall be made available to members of the public upon request.
***
Sec. 82. 17 V.S.A. § 2651 is amended to read:
§ 2651. ROAD AND WATER COMMISSIONERS; APPOINTMENT,
REMOVAL
***
(b) Unless the town votes to elect water commissioners, the selectboard
shall appoint forthwith no less not fewer than three nor more than five water
commissioners, unless there is no existing, or prospective, municipal water
system for such the commissioners to supervise. The selectboard may remove
an appointed water commissioner from office for just cause after due notice
and hearing. The selectboard may appoint members of their own board to
serve as water commissioners.
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Sec. 83. 17 V.S.A. § 2651a is amended to read:
§ 2651a. CONSTABLES; APPOINTMENT; REMOVAL; ELIMINATION
OF OFFICE
(a)(1) A town may vote by Australian ballot at an annual meeting to
authorize the selectboard to appoint a first constable, and if needed a second
constable, in which case at least a first constable shall be appointed.
***
(3) When a town votes to authorize the selectboard to appoint
constables, the selectboard’s authority to make such the appointments shall
remain in effect until the town rescinds that authority by the majority vote of
the registered voters present and voting at an annual meeting duly warned for
that purpose.
***
Sec. 84. 17 V.S.A. § 2651b is amended to read:
§ 2651b. ELIMINATION OF OFFICE OF AUDITOR; APPOINTMENT OF
PUBLIC ACCOUNTANT
***
(b) The term of office of any auditor in office on the date a town votes to
eliminate that office shall expire on the 45th day after such the vote or on the
date upon which the selectboard enters into a contract with a public accountant
under this section, whichever occurs first.
***
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Sec. 85. 17 V.S.A. § 2651c is amended to read:
§ 2651c. LACK OF ELECTED LISTER; APPOINTMENT OF LISTER;
ELIMINATION OF OFFICE; HIRING ASSESSORS
***
(b)(1) A town may vote by ballot at an annual meeting to eliminate the
office of lister.
(2)(A) If a town votes to eliminate the office of lister, the selectboard
shall notify the Director of Property Valuation and Review within 14 days and
employ or contract a professionally qualified assessor, who, prior to
conducting any work, shall meet the training requirements established by the
Director under 32 V.S.A. § 4052 and need not be a resident of the town.
(B) The assessor shall have the same powers, discharge the same
duties, proceed in the discharge thereof of those duties in the same manner, and
be subject to the same liabilities as are prescribed for listers or the board of
listers under the provisions of Title 32.
***
Sec. 86. 17 V.S.A. § 2651d is amended to read:
§ 2651d. COLLECTOR OF DELINQUENT TAXES; APPOINTMENT;
REMOVAL
***
(b) When a municipality votes to authorize the legislative body to appoint a
collector of delinquent taxes, the legislative body’s authority to make such the
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appointment shall remain in effect until the municipality rescinds that authority
by the majority vote of the registered voters present and voting at an annual or
special meeting, duly warned for that purpose.
Sec. 87. 17 V.S.A. § 2658 is amended to read:
§ 2658. DUTIES
The moderator shall be the presiding officer of municipal meetings, shall
decide questions of order and shall make public declaration of votes taken,
except in elections using the Australian ballot system. When a vote declared
by him or her the moderator is immediately questioned by one voter, he or she
the moderator shall divide the meeting, and if requested by seven voters, shall
cause the vote to be taken by paper ballot, unless the town has provided some
other procedure in such cases. Robert’s Rules or some other rules of order
shall govern all municipal meetings, except in elections using the Australian
ballot system.
Sec. 88. 17 V.S.A. § 2660 is amended to read:
§ 2660. CONDUCT OF ELECTION
(a) When voting is at a floor meeting by paper ballot, the polls shall be kept
open a reasonable time and reasonable notice shall be given before they close.
(b) When election is by ballot, a majority of all votes cast for any office
shall be required for an election, unless otherwise provided by law; provided
that when there is but only one nominee for an office, unless objection is made,
the legal voters may vote to instruct the town clerk to cast one ballot for such
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the nominee and upon such the ballot being cast he or she the nominee shall be
declared elected.
***
Sec. 89. 17 V.S.A. § 2661 is amended to read:
§ 2661. RECONSIDERATION OR RESCISSION OF VOTE
(a) A warned article voted on at an annual or special meeting of a
municipality shall not be submitted to the voters for reconsideration or
rescission at the same meeting after the assembly has begun consideration of
another article. If the voters have begun consideration of another article, the
original article may only be submitted to the voters at a subsequent annual or
special meeting duly warned for the purpose and called by the legislative body
on its own motion or pursuant to a petition requesting such a reconsideration or
rescission signed and submitted in accordance with subsection (b) of this
section. A vote taken at an annual or special meeting shall remain in effect
unless rescinded or amended.
***
Sec. 90. 17 V.S.A. § 2663 is amended to read:
§ 2663. CERTIFICATE OF VOTE
Whenever an act of the General Assembly by its provisions takes effect
only when accepted by vote of a municipality, the clerk of the municipality
shall certify within 10 days to the Secretary of State the result of such the vote.
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Sec. 91. 17 V.S.A. § 2664 is amended to read:
§ 2664. BUDGET
At its annual meeting, a town shall vote such any sums of money as it
deems necessary for the interest of its inhabitants and for the prosecution and
defense of the common rights. It shall express in its vote the specific amounts,
or the rate on a dollar of the grand list, to be appropriated for laying out and
repairing highways and for other necessary town expenses. If a town votes
specific amounts in lieu of a rate on a dollar of the grand list, the selectboard
shall, after the grand list book has been computed and lodged in the office of
the town clerk, set the tax rate necessary to raise the specific amounts voted.
The selectboard may apply for grants and may accept and expend grants or
gifts above those that are approved in the town budget. The selectboard shall
include, in its annual report, a description of all grants or gifts accepted during
the year and associated expenditures.
Sec. 92. 17 V.S.A. § 2667 is amended to read:
§ 2667. ACCESS TO ANNUAL MEETING
The legislative body of the municipality shall take reasonable measures to
ensure that voters who are elders or have a disability may conveniently attend
annual or special meetings; provided, however, that such the measures need
not be taken if doing so would impose undue hardship on the town. Measures
may include location of meetings on the ground floor of buildings or providing
ramps or other devices for access to meetings. In municipal elections using the
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Australian ballot system of voting, subsection 2502(b) of this title shall apply.
For the purposes of this section, the legislative body shall have full jurisdiction
on the day of the municipal meeting over the premises at which the town
meeting is to be held.
Sec. 93. 17 V.S.A. § 2680 is amended to read:
§ 2680. AUSTRALIAN BALLOT SYSTEM; GENERAL
***
(g) Early and absentee voting. At the time the Australian ballots are
available, which shall be not less than 20 days before the election, early and
absentee voting shall be permitted in accordance with chapter 51, subchapter 6
of this title.
(1) The legislative body of a town, city, or village may vote to mail a
ballot to all active registered voters in the town, city, or village.
(2) A school board may, after receiving the approval of the legislative
body of each member town in the district, vote to mail its annual meeting
ballot to all active registered voters in the district. In such case, the The town
clerk and election officials in the member towns shall be responsible for the
mailing of the ballots but all costs associated with the mailing of ballots shall
be borne by the school district.
(3) Ballots shall be mailed not less than 20 days before the election, or
as soon as they are available.
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(4) The mailing of ballots shall be conducted to the extent practicable in
accordance with chapter 51, subchapter 6 of this title.
***
Sec. 94. 17 V.S.A. § 2681a is amended to read:
§ 2681a. LOCAL ELECTION BALLOTS
***
(c) No political party or other designation shall be listed unless the
municipal charter provides for such a listing, the town has voted at an earlier
election to provide a listing or, in the absence of previous consideration of the
question by the town, the legislative body decides to permit listing. If political
party or other designations are permitted, no candidate shall use the name of a
political party whose certificate of organization has been filed properly with
the Secretary of State unless the candidate has been endorsed by a legally
called town caucus of that political party for the office in question. In any
event, the candidate must still file the petition and consent form required by
section 2681 of this title.
***
Sec. 95. 17 V.S.A. § 2685a is amended to read:
§ 2685a. PROCEDURE FOR RECOUNT
***
(b) Preparation for recount.
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(1) Before the recount begins, the town clerk shall explain the recount
procedures that are to be followed and shall answer questions relating to such
the procedures.
(2) The election officials shall recount the contents of one container
before another container is opened and shall recount the contents of all the
containers relating to one polling place before moving to those of another
polling place.
***
Sec. 96. 17 V.S.A. § 2703 is amended to read:
§ 2703. EXAMINING PETITIONS; SUPPLEMENTARY PETITIONS
The Secretary of State shall examine the petitions and ascertain whether
they conform to the provisions of this chapter, and sections 2353, 2354, and
2358 of this title. If found not to conform, the Secretary shall state in writing
why a particular petition cannot be accepted, and within two business days
from receipt, the Secretary shall return it to the candidate in whose behalf it
was filed. In such case, supplementary Supplementary petitions may be filed
not later than 10 days after the deadline for filing petitions. However,
supplementary petitions shall not be accepted if petitions with the signatures of
at least 1,000 persons were not filed by the deadline for filing petitions set
forth in section 2702 of this chapter.
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Sec. 97. 17 V.S.A. § 2715 is amended to read:
§ 2715. PARTY CONVENTION TO ELECT DELEGATES
(a) The State committee of each major political party holding a national
convention shall call a party convention, under rules proposed in advance and
adopted by the committee, to be held during the month of May or June in each
presidential election year. At the convention, delegates and alternates to the
national convention of such the party, to the number apportioned to this State,
shall be elected by the rules adopted by each major political party.
***
Sec. 98. 17 V.S.A. § 2732 is amended to read:
§ 2732. MEETING OF ELECTORS
***
(b)(1) If there is a vacancy in the electoral college on that day, occasioned
by death, refusal to act, neglect to attend, failure of a person elected to qualify,
or for other cause, the other electors present shall at once fill such the vacancy
viva voce and by a plurality of votes.
(2) When all the electors appear or a vacancy therein is filled, the
electors shall perform the duties required of them by the Constitution and laws
of the United States.
(3) If a vacancy occurs and is filled as aforesaid, the electors shall attach
to the certificate of their votes a statement showing how such a vacancy
occurred and their action thereon.
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***
Sec. 99. 17 V.S.A. § 2753 is amended to read:
§ 2753. ARTICLE III—MANNER OF APPOINTING PRESIDENTIAL
ELECTORS IN MEMBER STATES
(a) Prior to the time set by law for the meeting and voting by the
presidential electors, the chief election official of each member state shall
determine the number of votes for each presidential slate in each State state of
the United States and in the District of Columbia in which votes have been cast
in a statewide popular election and shall add such the votes together to produce
a “national popular vote total” for each presidential slate.
***
(d) At least six days before the day fixed by law for the meeting and voting
by the presidential electors, each member state shall make a final
determination of the number of popular votes cast in the state for each
presidential slate and shall communicate an official statement of such the
determination within 24 hours to the chief election official of each other
member state.
***
(g) If, for any reason, the number of presidential electors nominated in a
member state in association with the national popular vote winner is less than
or greater than that state’s number of electoral votes, the presidential candidate
on the presidential slate that has been designated as the national popular vote
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winner shall have the power to nominate the presidential electors for that state
and that state’s presidential elector certifying official shall certify the
appointment of such the nominees.
***
Sec. 100. 17 V.S.A. § 2754 is amended to read:
§ 2754. ARTICLE IV—OTHER PROVISIONS
(a) This agreement shall take effect when states cumulatively possessing a
majority of the electoral votes have enacted this agreement in substantially the
same form and the enactments by such the states have taken effect in each
state.
***
Sec. 101. 17 V.S.A. § 2755 is amended to read:
§ 2755. ARTICLE V—DEFINITIONS
For purposes of this agreement:
***
(6) “Presidential slate” shall mean a slate of two persons, the first of
whom has been nominated as a candidate for President of the United States and
the second of whom has been nominated as a candidate for Vice President of
the United States, or any legal successors to such the persons, regardless of
whether both names appear on the ballot presented to the voter in a particular
state.
***
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Sec. 102. 17 V.S.A. § 2901 is amended to read:
§ 2901. DEFINITIONS
As used in this chapter:
***
(14) “Political party” means a political party organized under chapter 45
of this title and any committee established, financed, maintained, or controlled
by the party, including any subsidiary, branch, or local unit thereof of the
party, and shall be considered a single, unified political party. The national
affiliate of the political party shall be considered a separate political party.
***
Sec. 103. 17 V.S.A. § 2944 is amended to read:
§ 2944. ACCOUNTABILITY FOR RELATED EXPENDITURES
***
(d) As used in this section, an expenditure by a person shall not be
considered a “related expenditure made on the candidate’s behalf” if:
(1)(A) All of the following apply:
***
(ii) the expenditure was made for:
(I) invitations and any postage for those invitations to invite
voters to the event; or
(II) any food or beverages consumed at the event and any
related supplies thereof; and
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***
Sec. 104. 17 V.S.A. § 2964(c) is amended to read:
(c) A candidate, political committee, independent expenditure-only
political committee, or political party that is not otherwise required to file a
report pursuant to this section shall file with the Secretary of State a report and
affirmative statement that the candidate, political committee, independent
expenditure-only political committee, or political party has not either rolled
over any amount of surplus into a new campaign or made expenditures or
accepted contributions in the amounts specified in this section.
Sec. 105. 20 V.S.A. § 48 is amended to read:
§ 48. COMMUNITY RESILIENCE AND DISASTER MITIGATION
GRANT PROGRAM
***
(c) Administration; implementation.
***
(3) Report. Annually, by on or before November 15, the Department of
Public Safety shall submit a report detailing the current Program design and
any grants awarded pursuant to this section during the preceding year to the
House Committee on Government Operations and Military Affairs and the
Senate Committee on Government Operations.
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Sec. 106. 20 V.S.A. § 1953(b) is amended to read:
(b) If authorized by the laws of his or her party state, the administrative
head of the state police department of a party state may provide for the
discharge of his or her duties and the performance of his or her functions on
the Conference, for periods none of which shall exceed 15 days, by an
alternate. No such alternate shall be entitled to serve unless notification of his
or her identity and appointment shall have been given to the Conference in
such form as the Conference may require.
Sec. 107. 21 V.S.A. § 309 is amended to read:
§ 309. FLEXIBLE WORKING ARRANGEMENTS
***
(e) The Attorney General, a State’s Attorney, or the Human Rights
Commission in the case of State employees may enforce subsections (b) and
(c) of this section by restraining prohibited acts, conducting civil
investigations, and obtaining assurances of discontinuance in accordance with
the procedures established in subsection 495b(a) of this title. An employer
subject to a complaint shall have the rights and remedies specified in
subsection 495b(a) of this title. An investigation against an employer shall not
be a prerequisite for bringing an action. The Civil Division of the Superior
Court may award injunctive relief and court costs in any action. There shall be
no private right of action to enforce this section subsection.
***
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Sec. 108. 21 V.S.A. § 342 is amended to read:
§ 342. WEEKLY PAYMENT OF WAGES
(a)(1) Any employer that is doing business within the State shall pay each
week, in lawful money or checks, the wages earned by each employee to a day
not more than six days prior to the date of payment.
(2) Notwithstanding subdivision (1) of this subsection, any employer
having one or more employees that is doing business within the State may,
either:
***
(3)(A) An employee of a school district or supervisory union may elect
in writing to have a set amount or set percentage of the employee’s after-tax
wages withheld by the school district in a district-held bank account each pay
period. The percentage or amount withheld shall be determined by the
employee.
***
(C)(i) The school district or supervisory union shall disburse funds
from the account in any sum as requested by the employee and, at the end of
the school year or at the employee’s option over the course of the period
between the current and next school year, or upon separation from
employment, shall remit to the employee any remaining funds, including
interest earnings, held in the account.
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(ii) For employees in a bargaining unit organized pursuant to
either chapter 22 of this title or 16 V.S.A. chapter 57, the school district or
supervisory union shall implement this election in a manner consistent with the
provisions of this subdivision and as determined through negotiations under
those chapters.
(iii) For employees not in a bargaining unit, the school district or
supervisory union shall, determine the manner in which to implement the
provisions of this subdivision (C).
***
Sec. 109. 21 V.S.A. § 384 is amended to read:
§ 384. EMPLOYMENT; WAGES
***
(b) Notwithstanding subsection (a) of this section, an employer shall not
pay an employee less than one and one-half times the regular wage rate for any
work done by the employee in excess of 40 hours during a workweek.
However, this subsection shall not apply to:
***
(4) Employees of hospitals, public health centers, nursing homes,
maternity homes, therapeutic community residences, and residential care
homes as those terms are defined in Title 18, provided:
(A) the employer pays the employee on a biweekly basis; and
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(B) the employer files an election to be governed by this section with
the Commissioner; and
(C) the employee receives not less than one and one-half times the
regular wage rate for any work done by the employee:
(i) in excess of eight hours for any workday; or
(ii) in excess of 80 hours for any biweekly period.
***
Sec. 110. 21 V.S.A. § 471 is amended to read:
§ 471. DEFINITIONS
As used in this subchapter:
***
(10) “Parental leave” means a leave of absence from employment by an
employee for one of the following reasons:
(A) the employee’s pregnancy;
(B) the employee’s recovery from childbirth or miscarriage;
(C) the birth of the employee’s child and to care for or bond with the
child within one year after the child’s birth; or
(D) the initial placement of a child under 18 years of age or younger
with the employee for the purpose of adoption or foster care and to care for or
bond with the child within one year after the placement for adoption or foster
care.
***
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Sec. 111. 21 V.S.A. § 495d is amended to read:
§ 495d. DEFINITIONS
As used in this subchapter:
***
(7)(A) “Physical or mental impairment” means:
(A)(i) any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the following body
systems: neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive; genito-
urinary; hemic and lymphatic; skin; or endocrine; and
(ii) any mental or psychological disorder, such as developmental
disability, organic brain syndrome, emotional or mental condition or
psychiatric disability, and specific learning disabilities;.
(B) the The term “physical or mental impairment” includes diseases
and conditions such as orthopedic, visual, speech, and hearing impairments,
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, intellectual disability, emotional illness, and drug addiction
and alcoholism.
***
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Sec. 112. 21 V.S.A. § 1314 is amended to read:
§ 1314. REPORTS AND RECORDS; SEPARATION INFORMATION;
DETERMINATION OF ELIGIBILITY; FAILURE TO REPORT
EMPLOYMENT INFORMATION; DISCLOSURE OF
INFORMATION TO OTHER STATE AGENCIES TO
INVESTIGATE MISCLASSIFICATION OR MISCODING
***
(h) Any employing unit that fails to report employment and separation
information with respect to a claimant and wages paid to a claimant required
under subsection (b) of this section shall be subject to a penalty of $100.00 for
each report not received by the prescribed due date. The penalty imposed
pursuant to this subsection shall be collected in the manner provided for the
collection of contributions in section 1329 of this subchapter and shall be paid
into the contingent fund Contingent Fund established in section 1365 of this
subchapter. If the employing unit demonstrates that its failure was due to a
reasonable cause, the Commissioner may waive the penalty.
Sec. 113. 21 V.S.A. § 1321 is amended to read:
§ 1321. CONTRIBUTIONS; TAXABLE WAGE BASE CHANGES
***
(b) Base of contributions. The term “wages” shall does not include that
part of remuneration that, after remuneration equal to $13,000.00 on January 1,
2011, and $16,000.00 on January 1, 2012, has been paid in a calendar year to
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an individual by an employer with respect to employment during a calendar
year, unless that part of the remuneration is subject to a tax under a federal law
imposing a tax against which credit may be taken for contributions required to
be paid into a state unemployment fund. After January 1, 2012, whenever the
Unemployment Compensation Trust Fund has a positive balance and all
advances made to the State Unemployment Compensation Trust Fund pursuant
to Title XII of the Social Security Act have been repaid as of June 1, the base
of contribution amount shall be adjusted on January 1 of the following year by
the same percentage as any increase in the State annual average wage as
calculated pursuant to subsection 1338(g) of this subchapter. When the
unemployment contribution rate schedule established by subsection 1326(e) of
this subchapter is reduced to schedule III, the base of contribution amount shall
be reduced by $2,000.00 on January 1 of the following year and shall be
adjusted annually thereafter on January 1 of the following year by the same
percentage as any increase in the State annual average wage as calculated
pursuant to subsection 1338(g) of this subchapter. When the unemployment
contribution rate schedule established by subsection 1326(e) of this subchapter
is reduced to schedule I, the base of contribution amount shall be reduced by
$2,000.00 on January 1 of the following year and shall be adjusted annually
thereafter on January 1 of the following year by the same percentage as any
increase in the State annual average wage as calculated pursuant to subsection
1338(g) of this subchapter. For the purposes of this subsection:
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***
(c) Nonprofit organizations.
(1) Financing benefits paid to employees of nonprofit organizations.
***
Sec. 114. 21 V.S.A. § 1325 is amended to read:
§ 1325. EMPLOYERS’ EXPERIENCE-RATING RECORDS;
DISCLOSURE TO SUCCESSOR ENTITY
***
(d) Notwithstanding any other provision of law, the following shall apply
to assignment of rates and transfers of experience:
***
(2) Whenever a person who is not an employer under this chapter at the
time it acquires the trade or business of an employer, the unemployment
experience of the acquired business shall not be transferred to such person if
the Commissioner finds that such person acquired the business solely or
primarily for the purpose of obtaining a lower rate of contributions. Instead,
that person shall be assigned the highest rate assignable under this chapter until
being subject to this chapter for a sufficient period of time to have his or her
the person’s rate computed under section 1326 of this title. In determining
whether the business was acquired solely or primarily for the purpose of
obtaining a lower rate of contribution, the Commissioner shall use objective
factors that may include:
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***
Sec. 115. 21 V.S.A. § 1326 is amended to read:
§ 1326. RATE BASED ON BENEFIT EXPERIENCE
***
(d) The Commissioner shall compute a current fund ratio, and a highest
benefit cost rate, as follows:
(1) The current fund ratio shall be determined by dividing the available
balance of the Unemployment Compensation Trust Fund on December 31 of
the preceding calendar year by the total wages paid for employment during that
calendar year as reported by employers by on or before the following March
31.
***
Sec. 116. 21 V.S.A. § 1334 is amended to read:
§ 1334. JUDGMENT; EXCEPTION
(a) Any liability for contributions, payments, penalties, interest, and costs
imposed under this chapter becomes, from the time the liability is due and
payable, a debt of the liable employer or employing unit to the State for the
benefit of the Unemployment Compensation Trust Fund and the Contingent
Fund to be recovered in a civil action.
***
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Sec. 117. 21 V.S.A. § 1338 is amended to read:
§ 1338. WEEKLY BENEFITS
***
(f) [Subdivision (f)(1) effective until occurrence of contingency; see also
contingent amendments to subdivision (f)(1) by 2021, No. 183, §§52c–52e and
52g set out below.]
(1) The maximum weekly benefit amount shall be annually adjusted on
the first day of the first calendar week in July to an amount equal to the sum of
$60.00 plus 57 percent of the State annual average weekly wage as determined
by subsection (g) of this section.
[Contingent amendment to subdivision (f)(1) by 2021, No. 183 (Adj.
Sess.), §§ 52c and 52g; see also subdivision (f)(1) effective until occurrence of
contingencies set out above and contingent amendment to subdivision (f)(1) by
2021, No. 183 (Adj. Sess.), §§ 52d and 52e set out below.]
(1) The maximum weekly benefit amount shall be annually adjusted on
the first day of the first calendar week in July to an amount equal to 57 percent
of the State annual average weekly wage as determined by subsection (g) of
this section.
[Contingent amendment to subdivision (f)(1) by 2021, No. 183 (Adj.
Sess.), §§ 52d and 52e; see also subdivision (f)(1) effective until occurrence of
contingencies and contingent amendment to subdivision (f)(1) by 2021, No.
183 (Adj. Sess.), §§ 52c and 52g set out above.]
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(1) The maximum weekly benefit amount shall be annually adjusted on
the first day of the first calendar week in July to an amount equal to the sum of
$25.00 plus 57 percent of the State annual average weekly wage as determined
by subsection (g) of this section.
(2) Notwithstanding any provision of subdivision (1) of this subsection
to the contrary:
(A) The maximum weekly benefit amount shall not increase in any
year that advances made to the State Unemployment Compensation Trust Fund
pursuant to Title XII of the Social Security Act, as amended, remain unpaid.
***
Sec. 118. 21 V.S.A. § 1621 is amended to read:
§ 1621. UNFAIR LABOR PRACTICES
***
(b) It shall be an unfair labor practice for a labor organization or its agents:
***
(8) Compulsory membership; employees’ rights. A labor organization
entering into an agreement requiring a person’s membership in the labor
organization as a condition of employment by the employer shall not:
(A) discriminate against a person seeking or holding membership in
the labor organization on account of race, color, disability, religion, creed, sex,
sexual orientation, gender identity, age, or national origin;
***
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(e)(1) For the purposes of this section, 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 wages, hours, and other terms and conditions of employment, or the
negotiation of an agreement, or any question arising under the agreement, and
the execution of a written contract incorporating any agreement reached is
requested by either party; 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.
***
(3) The duties imposed upon employers, employees, and labor
organizations by pursuant to subdivisions (e)(2)(B), (C), and (D) of this
subsection shall become inapplicable upon an intervening certification of the
Board, under which the labor organization or individual, which is a party to the
contract, has been superseded as or ceased to be the representative of the
employees subject to the provisions of section 1583 of this title, and the duties
so imposed shall not be construed as requiring either party to discuss or agree
to any modifications of the terms and conditions contained in a contract for a
fixed period, if such modification is to become effective before such terms and
conditions can be reopened under the provisions of the contract. Any
employee who engages in a strike within the 60-day period specified in this
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subsection shall lose his or her the employee’s status as an employee for the
employer engaged in the particular labor dispute, for the purposes of this
chapter, as amended, but such the loss of status for such the employee shall
terminate if and when he or she the employee is re-employed by such
employer.
***
Sec. 119. 21 V.S.A. § 1623 is amended to read:
§ 1623. JUDICIAL REVIEW
(a) The Board may petition the Supreme Court for the enforcement of such
Board order relative thereto and for appropriate temporary relief or restraining
order. The Board shall certify and file in the court Court the entire record in
the proceeding, including the pleadings and evidence upon which the order
was entered, and its findings and order; provided, however, the court Court
may, by separate rule, set forth the portions of the record to be certified and
filed. Thereupon, the court Court shall cause notice thereof to be served upon
such person, and shall then have jurisdiction of the proceeding and of the
question determined therein. It shall have the power to grant such temporary
relief or restraining order as it considers just and proper, and to make and enter
a decree enforcing, modifying and enforcing as so modified, or wholly or
partly setting aside the Board’s order.
(b) The parties before the court Court shall be the Board and such person
found by the Board to have committed the unfair labor practice.
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(c) Any aggrieved party to a proceeding under section 1622 of this title
may appeal to the Supreme Court under 12 V.S.A. chapter 102 and the
Vermont Rules of Appellate Procedure.
(d) No objection that has not been urged before the Board may be
considered by the court Court, unless the failure or neglect to urge such
objection shall be excused because of extraordinary circumstances. The
findings of the Board with respect to questions of fact, if supported by
substantial evidence on the record considered as a whole, shall be conclusive.
However, if either party applies to the court Court for leave to adduce
additional evidence, and shows to the satisfaction of the court Court that such
additional evidence is material and that there were reasonable grounds for the
failure to adduce such additional evidence at the hearing before the Board, the
court Court may order such additional evidence to be taken before the Board
and to be made a part of the record. The Board may modify its findings as to
facts or make new findings because of additional evidence so taken. The
Board shall file such modified or new findings which findings with respect to
questions of fact, if supported by substantial evidence on the record considered
as a whole, shall be conclusive, and shall file its recommendations, if any, for
the modification or setting aside of its original order.
(e) The commencement of proceedings under this section shall not, unless
specifically ordered by the court Court, operate as a stay of the Board’s order.
(f) Petitions filed under the chapter shall be heard expeditiously.
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(g) The Board shall have the power upon issuance of a complaint as
provided for under this chapter to petition the Superior Court within any
county wherein the unfair labor practice is alleged to have occurred, for
appropriate temporary relief or restraining order. Upon the filing of such
petition, the court Court shall cause notice thereof to be served upon such
person, and, thereupon, shall have jurisdiction to grant to the Board such
temporary relief as it deems just and proper.
Sec. 120. 21 V.S.A. § 1724 is amended to read:
§ 1724. CERTIFICATION PROCEDURE
(a)(1) A petition may be filed with the Board, in accordance with rules
adopted by the Board:
***
(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)(1)(B)(b)(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
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bargaining unit and resolve any other unit determination issues before the
hearing.
***
Sec. 121. 23 V.S.A. § 367 is amended to read:
§ 367. TRUCKS
(a)(1) The annual fee for registration of tractors, truck-tractors, or motor
trucks except truck cranes, truck shovels, road oilers, bituminous distributors,
and farm trucks used as specified in subsection (f) of this section shall be based
on the total weight of the truck-tractor or motor truck, including body and cab
plus the heaviest load to be carried. In computing the fees for registration of
tractors, truck-tractors, or motor trucks with trailers or semi-trailers attached,
except trailers or semi-trailers with a gross weight of less than 6,099 pounds,
the fee shall be based upon the weight of the tractor, truck-tractor, or motor
truck,; the weight of the trailer or semi-trailer,; and the weight of the heaviest
load to be carried by the combined vehicles. In addition to the fee set out in
the following schedule, the fee for vehicles weighing between 10,100 and
26,099 pounds inclusive shall be an additional $42.53, the fee for vehicles
weighing between 26,100 and 40,099 pounds inclusive shall be an additional
$85.03, the fee for vehicles weighing between 40,100 and 60,099 pounds
inclusive shall be an additional $297.68, and the fee for vehicles 60,100
pounds and over shall be an additional $467.80. The fee shall be computed at
the following rates per 1,000 pounds of weight determined pursuant to this
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subdivision and rounded up to the nearest whole dollar; the minimum fee for
registering a tractor, truck-tractor, or motor truck to 6,099 pounds shall be the
same as for the pleasure car type:
$18.21 when the weight is at least 6,100 pounds but not more than
8,099 pounds.
$20.83 when the weight is at least 8,100 pounds but not more than
12,099 pounds.
$22.97 when the weight is at least 12,100 pounds but not more than
16,099 pounds.
$24.56 when the weight is at least 16,100 pounds but not more than
20,099 pounds.
$25.71 when the weight is at least 20,100 pounds but not more than
30,099 pounds.
$26.26 when the weight is at least 30,100 pounds but not more than
40,099 pounds.
$26.90 when the weight is at least 40,100 pounds but not more than
50,099 pounds.
$27.13 when the weight is at least 50,100 pounds but not more than
60,099 pounds.
$28.06 when the weight is at least 60,100 pounds but not more than
70,099 pounds.
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$29.00 when the weight is at least 70,100 pounds but not more than
80,099 pounds.
$29.94 when the weight is at least 80,100 pounds but not more than
90,099 pounds.
***
Sec. 122. 23 V.S.A. § 708 is amended to read:
§ 708. REFUSAL TO ISSUE LICENSE
The Commissioner may refuse to issue a license to any applicant for a
driver’s training school license or instructor’s license when the Commissioner
is satisfied that:
***
(4) the applicant has been convicted of a felony or any crime involving
violence, dishonesty, or deceit; and or
(5) the applicant is not the true owner of the driver training school.
Sec. 123. 23 V.S.A. § 1202 is amended to read:
§ 1202. CONSENT TO TAKING OF TESTS TO DETERMINE BLOOD
ALCOHOL CONTENT OR PRESENCE OF OTHER DRUG
***
(e) In any proceeding under this subchapter, a law enforcement officer’s
testimony that the officer is certified pursuant to section 20 V.S.A. § 2358 shall
be prima facie evidence of that fact.
***
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Sec. 124. 23 V.S.A. § 3206 is amended to read:
§ 3206. SNOWMOBILE OPERATION
***
(b) A snowmobile shall not be operated:
***
(5) On any privately owned land or body of private water unless:
***
(B) the operator has, on his or her the operator’s person, the written
consent of the owner or lessee of the land to operate a snowmobile in the
specific area in which the operator is operating, or the snowmobile displays a
valid TMA decal as required by subsection 3202(a) of this title that serves as
proof that the snowmobile and its operator by virtue of the TMA are members
of a VAST-affiliated snowmobile club to which such consent has been given
orally or in writing; or
***
(7) By a child under eight years of age unless he or she the child is on
land owned by his or her the child’s parents, family, or legal guardian.
(8) By a person born after July 1, 1983, on private or public land and
water without first obtaining a certificate of snowmobile education, unless the
person is operating on land owned, leased, or farmed by the person’s parents,
family, or guardian or the operator is the land owner landowner.
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(A) A person who is required to have a certificate of snowmobile
education shall do all of the following:
***
(ii) Show the certificate or a copy of the certificate on demand of
an enforcement officer wearing an insignia identifying him or her the officer as
a law enforcement officer. No person charged with violating this subdivision
(8) shall be convicted if the person produces in court, to the officer, or to a
State’s Attorney, a certificate or a copy of the certificate that was valid at the
time the violation occurred. A person may show an electronic copy of the
certificate using a portable electronic device; however, use of a device for this
purpose does not in itself constitute consent for an enforcement officer to
access other contents of the device.
(B) The following persons are exempt from the requirements of this
subdivision (8):
(i) a person who is operating on land owned by his or her the
person’s parents, family, or guardian or the operator is the landowner person;
***
(9)(A) In any manner intended, or that could reasonably be expected, to
harass, drive, or pursue any wildlife; or
***
(15) On a sidewalk unless permitted by the selectmen or trustees or the
local governing legislative body of the municipality.
VT LEG #389227 v.1
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***
(21) Without proper head and face protection.
(A) No person shall operate, or ride in or on a snowmobile, or on a
sled or device pulled by a snowmobile on the Statewide Snowmobile Trail
System (SSTS) without wearing, upon his or her the person’s head, protective
headgear of a type approved by the Commissioner, unless the operator of the
snowmobile is in the process of grooming the trail. The headgear shall be
equipped with a strap to secure the headgear in place.
***
Sec. 125. 28 V.S.A. § 760 is amended to read:
§ 760. COMPENSATION OF OFFENDERS
(a) The Commissioner shall, in consultation with the Department of Labor,
promulgate shall adopt rules establishing an injured offender compensation
program for offenders or their dependents for injuries suffered while under
supervision by the Department and arising out of and in the course of work,
industry, or an employment program, at a correctional facility, or any
community service or public works activity or vocational training directed by
the Department of Corrections. The rules shall establish the compensation,
medical, and vocational benefits to which an injured offender may be entitled
as well as procedures for resolving disputes. To the extent practicable and
consistent with the requirements of the Department, compensation, medical,
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and vocational benefits shall be comparable to what a similarly injured
employee would receive under 21 V.S.A. chapter 9.
***
Sec. 126. 32 V.S.A. § 3102(f) is amended to read:
(f) Notwithstanding the provisions of this section, information obtained
from the Commissioner for Children and Families under 33 V.S.A. § 112(c), or
the Vermont Student Assistance Corporation under 16 V.S.A. § 2843, or the
Dental Health Program under 33 V.S.A. § 4507 shall be confidential, and it
shall be unlawful for anyone to divulge such information except in accordance
with a judicial order or as provided under another provision of law.
Sec. 127. [Deleted.]
Sec. 128. 32 V.S.A. § 3481(1)(C) is amended to read:
(C) For owner-occupied housing that is subject to a housing subsidy
covenant, as defined in 27 V.S.A. § 610, imposed by a governmental, quasi-
governmental, or public purpose entity, that limits the price for which the
property may be sold, the housing subsidy covenant shall be deemed to cause a
material decrease in the value of the owner-occupied housing, and the
appraisal value means not less than 60 and not more than 70 percent of what
the fair market value of the property would be if it were not subject to the
housing subsidy covenant. Every five years, starting in 2019, the
Commissioner of Taxes, in consultation with the Vermont Housing
Conservation Board, shall report to the House Committee on Ways and Means
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on whether the percentage of appraised valued value used in this subdivision
(C) should be altered and the reasons for his or her the Commissioner’s
determination.
Sec. 129. 32 V.S.A. § 5405(g) is amended to read:
(g) The Commissioner shall provide to municipalities for the front of
property tax bills the district homestead property tax rate before equalization,
the nonresidential nonhomestead tax rate before equalization, and the
calculation process that creates the equalized homestead and nonhomestead tax
rates. The Commissioner shall further provide to municipalities for the back of
property tax bills an explanation of the common level of appraisal, including
its origin and purpose.
Sec. 130. 32 V.S.A. § 10554(a) is amended to read:
(a) The Child Care Contribution Special Fund is created pursuant to
chapter 7, subchapter 5 of this title and shall be administered by the
Department for Children and Families and the Department of Taxes. Monies
in the Fund may be expended by the Department of Taxes for the
administration of the Child Care and Parental Leave Contribution created
under this chapter; by the Department for Children and Families for benefits
provided by the Child Care Financial Assistance Program established in
33 V.S.A. §§ 3512 and 3513, including the provision of incentive payments
pursuant to 33 V.S.A. § 3515; and by the Departments for necessary costs
VT LEG #389227 v.1
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incurred in administering the Fund. All interest earned on Fund balances shall
be credited to the Fund.
Sec. 131. 33 V.S.A. § 1103(e) is amended to read:
(e) In determining eligibility and benefit levels for parents who are under
18 years of age in participating families, the Commissioner shall:
(1) Require parents who are under 18 years of age to attend school or an
appropriate alternative education or training activity.
(2) Ensure that the family development plan of a parent who is under 18
years of age includes a requirement to take part in a case-managed support,
education, and training program.
(3) Adopt rules, which shall include appropriate exemptions, requiring
parents who are under 18 years of age and who are not emancipated minors in
accordance with 12 V.S.A. § 7151 to live with a parent or in an approved
supervised living arrangement. The sanctions provided for noncompliance
with a Reach Up family development plan requirement under section 1116 of
this title shall apply to noncompliance with the rules adopted under this
subdivision.
(4) Allow parents who are under 18 years of age and who live with their
parents to have their eligibility for the Reach Up program and the amount of
their financial assistance grant determined without consideration of their
parents’ income.
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Sec. 132. 33 V.S.A. § 1107(f) is amended to read:
(f) The Secretary shall:
(1) work with community providers to develop and maintain an
adequate number and variety of supervised living alternatives designed to meet
the individual needs of parents who are under 18 years of age;
(2) work with community providers to develop and maintain parenting,
training, and education options for parents who are under 18 years of age;
***
Sec. 133. 33 V.S.A. § 1203(3) is amended to read:
(3) is an individual under 21 years of age, has a child, is ineligible for
Supplemental Nutrition Assistance Program benefits solely because the
individual resides with the individual’s parent, and has employment that meets
the work requirements for Reach Up for the family’s size and composition.
Sec. 134. 33 V.S.A. § 1901n(a) is amended to read:
(a) The Agency of Human Services shall provide coverage for medically
necessary high-intensity, medically monitored residential treatment episodes to
Medicaid beneficiaries with substance use disorder and a co-occurring mental
health condition when medically necessary high-intensity, medically
monitored residential treatment episodes are prescribed by a health care
professional employed by a residential treatment program who is practicing
within the scope of the health care professional’s license and the residential
treatment program is participating in Vermont’s Medicaid program.
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Sec. 135. 33 V.S.A. § 4110 is amended to read:
§ 4110. EMPLOYER OBLIGATIONS
(a) Where a parent is required by a court or administrative order to provide
health coverage for a child, and the parent is eligible for dependent health
coverage, which is available through an employer doing business in this State,
the employer is required:
***
(2) Not to disenroll or eliminate coverage of any such child unless the
employer is provided satisfactory written evidence that one or more of the
following conditions applies:
(A) the court order is no longer in effect;
(B) the child is or will be enrolled in comparable coverage that will
take effect no not later than the effective date of disenrollment; or
(C) the employer has eliminated dependent health coverage for all of
its employees if allowed by law.
***
Sec. 136. EFFECTIVE DATE
This act shall take effect on passage.
Date Governor signed bill: April 30, 2026
VT LEG #389227 v.1

An act relating to technical corrections for the 2026 legislative session

Sponsors

Rep. Government Operations and Military Affairs sponsors H 927 alone.

Committees

H 927 went before 1 committee: Government Operations.

Government Operations
Government Operations
Referred to · Mar 20, 2026

History

H 927 has taken 22 actions since Mar 12, 2026, the latest on May 1, 2026.

ChamberAction
May 1, 2026
Senate
House message: Governor approved bill on April 30, 2026
Apr 30, 2026
House
Signed by Governor on April 30, 2026
Apr 24, 2026
House
Delivered to the Governor on April 24, 2026
Apr 23, 2026
House
Senate Message: Passed in concurrence
Apr 22, 2026
Senate
New Business/Third Reading

Votes

H 927 has not gone to a roll call.


Source: legislature.vermont.gov · legiscan.com