The Vermont Statutes Online

Title 3: Executive

Chapter 001: Governor

• § 1. Vacancy, absence from State

  (a) When there is a vacancy in the Offices of Governor and Lieutenant Governor, the Speaker of the House of Representatives shall act as Governor.

  (b) When the Governor is absent from the State, the Lieutenant Governor shall act for him or her, and when both the Governor and Lieutenant Governor are absent from the State, the Speaker of the House shall act as Governor. (Amended 1965, No. 9, § 1, eff. March 24, 1965.)

• § 2. Agencies and boards in Governor’s office

  The following agencies and boards are hereby attached to the Governor’s office for administrative purposes:

  (1) State Claims Commission

  (2) Emergency Board

  (3) All agencies which involve or concern interstate relationships including:

  (A) Connecticut River Flood Control Commission

  (B) New England Board of Higher Education

  (C) [Repealed.]

  (D) Lake Champlain Bridge Commission

  (E) Tri-State Regional Medical Needs Board

  (F) Committee on Tri-State Institutional Matters

  (G) Uniform Laws Commission

  (H) New England Interstate Water Pollution Control Commission

  (I) Interstate Commission on Lake Champlain Basin

  (J) Northeastern Forest Fire Protection Commission

  (4) All interdepartmental agencies including:

  (A) Interdepartmental Mental Health Council

  (B) Traffic Committee. (Added 1959, No. 329 (Adj. Sess.), § 2, eff. March 1, 1961; amended 1961, No. 205, §§ 1, 2, eff. July 11, 1961; 2009, No. 135 (Adj. Sess.), § 26(2)(A).)

• § 3. Executive clerk and messenger

  At the beginning of his or her term, the Governor shall appoint an executive clerk and an executive messenger for the term of two years to serve him or her when the General Assembly is in session and may remove them at pleasure.

• § 4. Correspondence

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

  (b) In the discretion of the Secretary of State, such correspondence and list, in whole or in part, may be microfilmed or otherwise reformatted in accordance with archival principles. In the discretion of the Secretary of State the originals of those papers that are actually reformatted may be disposed of. (Amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 1997, No. 75 (Adj. Sess.), § 1.)

• § 5. Counsel

  The Governor may employ counsel in behalf of the State in any State department or office, when, in his or her judgment, the protection of the rights and interests of the State demands it.

• § 6. Certificates of election

  The Governor shall furnish certificates of election to the Senators and Representatives elected to represent this State in Congress.

• § 7. Delegates

  Whenever in his or her judgment it is for the best interest of the State, the Governor may appoint a delegate to attend any convention, conference, or meeting without the State, as a representative of this State or any department thereof.

• § 8. Inspection of State institutions

  The Governor shall have power, in his or her discretion, to visit and inspect any State institution or to appoint a visitor to make such inspection and report to him or her.

• § 9. Rewards

  The Governor may offer a suitable reward, not exceeding the sum of $1,000.00 in any case, to be paid to a person or persons who, in consequence of such offer, apprehends or secures a person who has escaped from any institution in this State in which he or she was lawfully confined and, when requested by the Attorney General, may offer such a reward for information leading to the arrest and conviction of any person who has committed a felony in this State. The Commissioner of Finance and Management shall issue his or her warrant for the amount of such reward in favor of the person whom the Governor certifies to be entitled to the same. (Added 1959, No. 328 (Adj. Sess.), § 8(b); amended 1983, No. 195 (Adj. Sess.), § 5(b).)

• § 10. Authority to delegate functions

  When by provisions of any laws enumerated in section 13 of this title the Governor is required to approve any act, appointment, employment, or decision done or made by any other officer of the State Government or by any board, commission, or agency of the State government, as a condition to such act, appointment, employment, or decision becoming effective, the power and duty of the Governor as regards such approval may be delegated by him or her to any of the duly elected State officers or to any officer appointed by the Governor, or appointed by the Governor and with consent of the Senate or appointed with the approval of the Governor and with the consent of the Senate. (Added 1959, No. 254, § 1; amended 1973, No. 41, eff. April 3, 1973.)

• § 11. Method of delegating; responsibility of Governor

  The delegating of duties herein authorized shall be in writing and shall specify with particularity the cases in which it is to apply. It shall become effective only when an executed duplicate copy of the delegation is filed in the Office of the Secretary of State. Such delegation may be revoked at any time by the Governor, and such revocation shall be in writing and likewise filed as the original delegation. The delegation of a particular function shall not prevent the Governor from acting in a case thereunder, and in any such instance, the delegation shall be of no effect. Nothing contained herein shall relieve the Governor of his or her responsibility for the acts of any officer designated by him or her under the authority of sections 10-13 of this title to perform any function. (Added 1959, No. 254, § 2.)

• § 12. Scope

  Sections 10-13 of this title shall be interpreted as applying only in cases in which the Governor’s duty is approval of a prior act, appointment, employment, or decision done or made by another officer or by a board, commission, or agency, and shall not be interpreted as applying in cases in which the act, appointment, employment, or decision is required to be done or made initially by the Governor but shall not include approval of rules or regulations. (Added 1959, No. 254, § 3.)

• § 13. Application

  Sections 10-13 of this title shall apply only to the following sections: 202, 207 and 631 of this title; 4 V.S.A. § 852; 6 V.S.A. §§ 3, 4, 982, 1141 and 2922; 10 V.S.A. §§ 53, 54 and 4149; 20 V.S.A. §§ 1484, 1874(a), 1875, 2221, 2271 and 2273; 21 V.S.A. § 1104; 22 V.S.A. § 282; 23 V.S.A. § 103; 29 V.S.A. §§ 3 and 1104; and 32 V.S.A. §§ 3104 and 3105. (Added 1959, No. 254, § 4.)

• § 14. Federal Highway Safety Act; powers of Governor and political subdivision

  (a) The Governor shall be responsible for the administration of the State’s Highway Safety Program, and may cooperate with and contract with State and federal agencies and political subdivisions, and public and private organizations, in order to effectuate the purposes of the National Highway Safety Act of 1966 and any amendments thereto, to the end that federal monies available for such purposes may be obtained. The Governor may designate an appropriate agency of the State through which the State’s Highway Safety Program may be administered.

  (b) The Governor shall provide for the receipt, allocation, and disbursement of federal monies received pursuant to this section, in accordance with such State and federal laws and regulations as may be applicable.

  (c) Towns, cities, emergency medical services districts, municipalities, and other political subdivisions are authorized to administer local highway safety programs approved by the Governor as part of the State’s Highway Safety Program, and to receive funds available for the foregoing purposes subject to applicable laws and regulations and the approval of the Governor. (Added 1967, No. 25; amended 1969, No. 112, § 2, eff. April 22, 1969.)

• § 15. [Omitted.]

• § 16. Repealed. 1981, No. 206 (Adj. Sess.), § 4.

• § 17. Federal funding cuts; transfer of personnel

  To enable the Governor to respond effectively to cuts in federal spending and in the interests of efficiency, he or she may, with the approval of the General Assembly or the Joint Fiscal Committee if the General Assembly is not in session, temporarily transfer positions among the departments and agencies of the Executive Branch of government; provided, however, that no transfer may be made under this section which substantially affects the functioning of a program or policy which has been approved or adopted by the General Assembly. (Added 1981, No. 91, § 22, eff. July 5, 1981.)

• § 18. Spouse abuse programs; eligibility

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

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

  (c) [Repealed.]

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

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

  (2) Reapply annually for continued funding as necessary.

  (e) Duties and functions of the Center.

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

  (2) The Center shall establish minimum standards for eligibility for State funds awarded through the provisions of this section. (Added 1981, No. 123 (Adj. Sess.), § 2; amended 1995, No. 178 (Adj. Sess.), § 57a; 2011, No. 139 (Adj. Sess.), § 1, eff. May 14, 2012; 2015, No. 97 (Adj. Sess.), § 71.)

• § 19. Expired.

• § 20. Repealed. 1993, No. 204 (Adj. Sess.), § 3, eff. June 17, 1994.

• § 21. Sexual Assault Victims Program

  (a) The Sexual Assault Victims Program is hereby established.

  (b) The Vermont Center for Crime Victim Services is authorized to award grants for a sexual assault victims program. Awards shall be made by the Center to a sexual assault victims program established for the purpose of providing emergency services, counseling, and support for victims of sexual assault. The Center shall, insofar as possible, award grants to provide reasonable geographic distribution of funds around the State.

  (c) [Repealed.]

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

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

  (2) Reapply annually for continued funding as necessary.

  (e) Duties and functions of the Center.

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

  (2) The Center shall establish minimum standards for eligibility for State funds awarded through the provisions of this section. (Added 1987, No. 257 (Adj. Sess.), § 1; amended 1995, No. 178 (Adj. Sess.), § 57a; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 97 (Adj. Sess.), § 72.)

• § 22. Redesignated. 2021, No. 52, § 5, effective June 3, 2021.

• § 23. The Commission on International Trade

  (a) Definitions. For the purposes of this section: “International Trade Agreement” means a trade agreement between the federal government and a foreign country. International Trade Agreement does not include a trade agreement between the State and a foreign country to which the federal government is not a party.

  (b) Membership. There is created a Commission on International Trade and State Sovereignty consisting of:

  (1) the Chair of the House Committee on Commerce or his or her designee;

  (2) the Chair of the Senate Committee on Economic Development, Housing and General Affairs or his or her designee;

  (3) a representative of a nonprofit environmental organization, appointed by the Governor from a list provided by the Vermont Natural Resources Council;

  (4) a representative of organized labor, appointed by the Governor from a list provided by Vermont AFL-CIO, Vermont NEA, and the Vermont State Employees’ Association;

  (5) the Secretary of Commerce and Community Development or his or her designee;

  (6) the Attorney General or his or her designee;

  (7) a representative of an exporting Vermont business, appointed by the Governor;

  (8) a representative of a Vermont business actively involved in international trade, appointed by the Governor;

  (9) the Secretary of Agriculture, Food and Markets or his or her designee; and

  (10) a representative of a Vermont chamber of commerce, appointed by the Governor.

  (c) Powers and duties.

  (1) The Commission shall conduct an annual assessment of the legal and economic impacts of International Trade Agreements on State and local laws, State sovereignty, and the business environment.

  (2) It shall provide a mechanism for citizens and legislators to voice their concerns, which it shall use to make policy recommendations to the General Assembly, to the Governor, to Vermont’s congressional delegation, or to the trade representatives of the United States government. Recommendations shall be designed to protect Vermont’s job and business environment, and State sovereignty from any negative impacts of trade agreements.

  (3) It may recommend legislation or preferred practices and shall work with interested groups in other states to develop means to resolve the conflicting goals and tension inherent in the relationship between international trade and State sovereignty.

  (4) As provided for in 9 V.S.A. chapter 111A, the Commission shall consider and develop formal recommendations with respect to how the State should best respond to challenges and opportunities posed by a particular International Agreement.

  (d) Reporting. The Commission shall submit an annual report, which shall be prepared by the Secretary of Commerce and Community Development, to the House Committee on Commerce and Economic Development, the Senate Committee on Economic Development, Housing and General Affairs, the Governor, and Vermont’s congressional delegation. The report shall contain information acquired pursuant to activities carried out under subsection (c) of this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

  (e) Staff services. The Commission shall be entitled to staff services of the Agency of Commerce and Community Development, the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.

  (f) Per diem. For attendance at a meeting when the General Assembly is not in session, legislative members of the Commission shall be entitled to the same per diem compensation and reimbursement for actual and necessary expenses as provided members of standing committees under 2 V.S.A. § 23. Except for members employed by the State, members of the Commission shall be entitled to the same per diem compensation as provided under 32 V.S.A. § 1010(a) and mileage reimbursement as provided under 32 V.S.A. § 1267. (Added 2005, No. 212 (Adj. Sess.), § 8, eff. May 29, 2006; amended 2007, No. 65, § 405, eff. June 4, 2007; 2009, No. 78 (Adj. Sess.), § 44, eff. April 15, 2010; 2013, No. 142 (Adj. Sess.), § 5; 2019, No. 144 (Adj. Sess.), § 17.)