§ 1. Place of holding sessions
The sessions of the General Assembly shall be held in the State House in Montpelier;
except that, in case that Montpelier, in the opinion of the Governor, shall ever become
an unsafe place because of an enemy attack or threatened attack upon the United States
or Canada, such sessions, while such unsafe condition shall continue, shall be held
elsewhere in a building or buildings to be designated from time to time by him or
her. (Amended 1959, No. 14, eff. March 4, 1959.)
§ 2. Use of hall and Senate chamber
The Representatives’ Hall and the Senate Chamber shall not be used for purposes other
than legislation or business connected therewith, except as the two houses may by
joint rule or resolution provide.
§ 3. Senate certificates; oaths; Secretary; canvassing committee
The members-elect of the Senate shall deliver their certificates of election to the
President of the Senate before 10 o’clock in the forenoon of the first Wednesday next
after the first Monday of January, following their election; at which time, the Senate
shall be called to order by its President and the names of the Senators who have presented
their certificates shall be called. When a quorum appears, the members shall take
and subscribe the oath of allegiance and the oath prescribed for Representatives to
the General Assembly and shall then elect a Secretary, who shall appoint an Assistant
Secretary, for whose acts he or she shall be responsible. The Senate shall then appoint
a committee, consisting of one Senator from each district, to join such committee
as the House of Representatives appoints, to canvass the votes for Governor, Lieutenant
Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General.
§ 4. Senate vacancy
If a vacancy occurs in the Senate, the Governor shall appoint some person from the
district wherein the vacancy occurs to fill the unexpired term, and shall transmit
to the person so appointed a certificate of his or her appointment, and cause a certified
copy thereof to be sent to the President of the Senate.
§ 5. Repealed. 1979, No. 200 (Adj. Sess.), § 120.
§ 6. House roll; election of Speaker
The Secretary of State shall make a roll, by districts, of members whose credentials
have been received in the form of a certificate from the Canvassing Committee or a
superseding court order, and at 10 o’clock in the forenoon of the first Wednesday
next after the first Monday of January, as presiding officer, shall call the House
to order and call the names of the members on the roll. When a quorum of the House
appears, he or she shall direct the House to a choice of Speaker by ballot. When a
Speaker is elected, he or she shall take the chair and the duties of the Secretary
of State in the organization of the House shall cease. (Amended 1979, No. 200 (Adj. Sess.), § 116.)
§ 7. House Clerk; Canvassing Committee
The House shall then elect a Clerk and on the nomination of the Speaker shall appoint
a committee, consisting of three members from each district, to join such committee
as the Senate appoints, to canvass the votes for Governor, Lieutenant Governor, State
Treasurer, Secretary of State, Auditor of Accounts, and Attorney General.
§ 8. Assistant Clerks of House
The Clerk shall appoint two assistants for whose acts he or she shall be responsible.
§ 9. House vacancy
If a vacancy occurs in the Office of Representative to the General Assembly, the Governor
shall appoint some person from the district wherein the vacancy occurs to fill the
unexpired term, and shall transmit to the person so appointed a certificate of his
or her appointment, and cause certified copies thereof to be sent to the Secretary
of State and to the clerk of the district wherein the vacancy occurs. (Amended 1961, No. 33, eff. March 22, 1961; 1963, No. 59, eff. April 26, 1963.)
§ 10. Election of State and judicial officers
(a) At 10 o’clock and 30 minutes, forenoon, on the seventh Thursday after their biennial
meeting and organization, the Senate and House of Representatives shall meet in joint
assembly and proceed therein to elect the State officers, except judicial officers,
whose election by the Constitution and laws devolves in the first instance upon them
in joint assembly, including the Sergeant at Arms and legislative trustees of the
University of Vermont and State Agricultural College. In case election of all such
officers shall not be made on that day, they shall meet in joint assembly at 10 o’clock
and 30 minutes, forenoon, on each succeeding day, Saturdays and Sundays excepted,
and proceed in such election, until all such officers are elected.
(b) At 10 o’clock and 30 minutes, forenoon, on the 11th Thursday after their biennial
meeting and organization, and on the 11th Thursday of the second year of the biennial
session, when necessary, the Senate and House of Representatives shall meet in joint
assembly and proceed therein to elect the judicial officers whose election by the
Constitution and laws devolves in the first instance upon them in joint assembly,
including Justices of the Supreme Court and judges of all subordinate courts, except
assistant judges and judges of probate. In case election of all such officers shall
not be made on that day, they shall meet in joint assembly at 10 o’clock and 30 minutes,
forenoon, on each succeeding day, Saturdays and Sundays excepted, and proceed in such
election, until all such officers are elected.
(c) At 10 o’clock and 30 minutes, forenoon, on the seventh Thursday of the second year
of the biennial session, the Senate and House of Representatives shall meet in joint
assembly and proceed therein to elect the State officers, whose election by the Constitution
and laws devolves in the first instance upon them in joint assembly, including the
legislative trustees of the Vermont State Colleges Corporation and the Adjutant and
Inspector General. In case election of all such officers shall not be made on that
day, they shall meet in joint assembly at 10 o’clock and 30 minutes, forenoon, on
each succeeding day, Saturdays and Sundays excepted, and proceed in such election,
until all such officers are elected. (Amended 1985, No. 98, § 8; 2021, No. 140 (Adj. Sess.), § 8, eff. May 27, 2022.)
§ 11. Vacancies in office
The General Assembly shall fill all vacancies in office existing or occurring while
it is in session, where the incumbents are by law elected by the General Assembly,
and such officers so elected shall hold their respective offices during the unexpired
term.
§ 12. Legislative elections; uniform ballots
(a) Whenever there is a known contested election for Speaker of the House of Representatives,
President Pro Tempore of the Senate, and in elections by the joint assembly of the
Legislature, the Secretary of State shall prepare a ballot for each office, listing
the names of the known candidates for the office in the alphabetical order of their
surnames and leaving thereon sufficient blank spaces to take care of any nominations
from the floor.
(b) A candidate for office shall, not later than one week preceding the election, notify
the Secretary of State in writing of his or her candidacy, naming the particular office.
If he or she fails so to notify the Secretary of State, his or her name shall not
be printed on the ballot. No ballot may be used other than the official ballot provided
by the Secretary of State. (Added 1959, No. 115; amended 1981, No. 239 (Adj. Sess.), § 1.)
§ 13. Daily journals
(a) At the close of each legislative day, the Secretary of the Senate and Clerk of the
House of Representatives shall prepare a daily copy of the journal of their respective
bodies for such day.
(b) Such journals shall contain all motions, votes, orders, and proceedings, but shall
not contain any remark of a member or words spoken for or against a pending question. (Amended 1995, No. 185 (Adj. Sess.), § 66, eff. May 22, 1996; 1997, No. 62, § 54, eff. June 26, 1997; 1999, No. 29, § 65, eff. May 19, 1999.)
§ 14. Stenographic assistance for journals
Such Secretary and Clerk shall procure stenographic and other clerical assistance
as they respectively deem necessary to ensure the proper, efficient, and expeditious
performance of the work required by section 13 of this title. Compensation for stenographic and other clerical assistance shall be determined
by the Rules Committee of the House or Senate, as the case may be, and the Commissioner
of Finance and Management shall issue his or her warrant in payment therefor. (Amended 1959, No. 328 (Adj. Sess.), § 8(b); 1977, No. 109, § 25, eff. July 3, 1977; 1983, No. 195 (Adj. Sess.), § 5(b).)
§ 15. Daily calendar
At the close of each legislative day, such Secretary and Clerk shall prepare a calendar
of the measures in their files for consideration by their respective bodies on the
following legislative day. A sufficient number of copies of each calendar shall be
printed. They shall place one copy of such calendar on the desk of each member of
their respective bodies before the opening of the morning session of the following
legislative day.
§ 16. Printing and distribution of daily calendar, journal, and bills
Copies of the daily calendar and journal shall be immediately furnished to the printer
designated by the Commissioner of Buildings and General Services. The printing of
the calendar and journal shall be under the supervision of the Secretary and Clerk,
and the required number of printed copies shall be delivered to the Office of Legislative
Counsel before the opening of the morning session of the following legislative day.
A sufficient number of copies of all the bills shall also be delivered to the Office
of Legislative Counsel. Staff of the Office of Legislative Counsel shall distribute
the daily calendar and journal and the bills as follows:
(1) Calendars. One copy of the daily House calendar shall be placed on the desk of each member of
the House and one copy of the daily Senate calendar shall be placed on the desk of
each member of the Senate. An additional number of copies of both the daily House
and Senate calendars shall be made available to House and Senate members in their
respective chambers upon the request of a member. Calendars shall also be published
on the State legislative webpage. The number of copies required shall be determined
by staff of the Office of Legislative Counsel based on their demand.
(2) Journals and bills. The daily House and Senate journals and bills shall be published on the State legislative
webpage. Copies of bills shall be made upon request to House and Senate members.
(3) [Repealed.] (Amended 1961, No. 30, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1999, No. 29, § 66, eff. May 19, 1999; 1999, No. 66 (Adj. Sess.), § 7a, eff. Feb. 8, 2000; 2001, No. 149 (Adj. Sess.), § 93, eff. June 27, 2002; 2009, No. 146 (Adj. Sess.), § G26, eff. June 1, 2010.)
§ 17. Repealed. 2005, No. 102 (Adj. Sess.), § 2.
§ 18. Repealed. 2013, No. 34, § 31.
§ 19. Compensation to chaplains
Chaplains serving the Legislature, other than members of the Legislature, shall receive
$5.00 a day to defray expenses for each day served and such sums shall be paid by
the Commissioner of Finance and Management from the legislative appropriation. (Added 1973, R-59 (Adj. Sess.); amended 1983, No. 195 (Adj. Sess.), § 5(b).)
§ 20. Limitation on distribution and duration of agency reports
(a) Unless otherwise provided by law, whenever it is required by statute, rule, or otherwise
that an agency submit an annual, biennial, or other periodic report to the General
Assembly, that requirement shall be met by submission by January 15 of copies of the
report for activities in the preceding fiscal year to the Clerk of the House, the
Secretary of the Senate, the Office of Legislative Counsel, and such individual members
of the General Assembly or committees that specifically request a copy of the report.
To the extent practicable, reports shall also be placed on the agency’s internet website.
No general distribution or mailing of such reports shall be made to members of the
General Assembly.
(b) For the purposes of this section, “agency” means each State agency, board, commission,
or department or any division thereof.
(c) The Secretary of the Senate and the Clerk of the House shall each publish a list of
reports that have been submitted to them in the calendars of their respective houses
within five days of their receipt or within the first five legislative days of the
biennial and adjourned sessions of the General Assembly, whichever is later.
(d) It is the intent of the General Assembly that, except for reports required by interstate
compacts and except as otherwise provided by law, whenever an agency is required by
law to submit an annual, biennial, or other periodic report to the General Assembly,
that requirement shall no longer be required after five years or after five years
from the last date that the statutory or session law section containing the report
was amended, whichever date is later. In each biennial session, the Office of Legislative
Counsel shall prepare for the General Assembly’s review a list of the reports subject
to this subsection. A report requirement shall only expire pursuant to legislative
enactment. (Added 1975, No. 169 (Adj. Sess.), § 1, eff. March 23, 1976; amended 2003, No. 122 (Adj. Sess.), § 294; 2009, No. 33, § 1; 2015, No. 131 (Adj. Sess.), § 1; 2017, No. 74, § 1a.)
§ 21. Employees; subpoena prohibited
(a) No employee or former employee of the General Assembly may be compelled to give testimony
or to appear and produce documentary evidence in a judicial or quasi-judicial proceeding
if:
(1) the testimony or documentary evidence sought relates to a legislative duty or act
performed by the employee; and
(2) neither a member of the General Assembly nor the employee is a party in the proceeding.
(b) Any order or subpoena purporting to compel testimony or the production of evidence
that is prohibited under subsection (a) of this section shall be unenforceable.
(c) Official documents, as defined in subdivision 403(b)(2) of this title, shall be admissible under V.R.C.P. 44. (Added 1981, No. 178 (Adj. Sess.), § 2; amended 2019, No. 144 (Adj. Sess.), § 13.)
§ 22. Complaint filed in the Superior Court to compel testimony or production of evidence
(a) If a person does not comply with a legislative subpoena, a Superior Court may compel
the attendance of the person, the giving of testimony, and the production of papers
or other evidence, as required by the subpoena.
(b) A person may refuse to comply with a legislative subpoena on the grounds of a valid
privilege.
(c) The General Assembly, by a majority vote of those present in either house, or any
committee of the General Assembly having subpoena authority by a majority vote of
its membership, may initiate proceedings under this section by filing a complaint
with the court asking that the witness be so compelled.
(d) The failure of any witness to comply with an order of the court issued under this
section shall constitute contempt of court. (Added 1993, No. 161 (Adj. Sess.), § 1.)
§ 23. Standing committees; authority to meet; out-of-state business
(a) During adjournment of the General Assembly, any standing committee or subcommittee
of a standing committee may with the appropriate approval of the Speaker or the President
Pro Tempore meet at the call of its chair to conduct legislative business within the
State. For attendance at such a meeting or for attendance at a meeting of a special
committee or joint committee, a committee member shall be entitled to per diem compensation
and expense reimbursement as follows:
(1) daily compensation at the rate then in effect for members of the General Assembly
during a special session;
(2) actual mileage traveled at the rate paid State employees;
(3) receipted lodging costs and actual meal costs;
(4) other actual expenses, as reasonable and necessary.
(b) For attending to official duties out of the State, a member shall be entitled to the
same per diem compensation as provided for attendance at sessions of the General Assembly.
Reimbursement of necessary and actual expenses for official duties out of the State
shall be made from the legislative appropriation to any member of the General Assembly
or its staff. Such reimbursement and per diem compensation shall be in lieu of any
other expenses payable by the State to that person during the period he or she is
out of the State and shall be contingent upon:
(1) prior approval of the out-of-state duties by the Speaker of the House in the case
of a House member or employee or by the President Pro Tempore of the Senate in the
case of a Senator or Senate employee; and
(2) certification of the expense voucher to the Commissioner of Finance and Management
by either the Speaker of the House or President Pro Tempore of the Senate in the appropriate
case or designee.
(c) All per diem and expense claims for attendance at authorized committee meetings shall
be submitted with the approval of the committee chair. (Added 1971, No. 204 (Adj. Sess.), § 6, eff. March 31, 1972; amended 1973, No. 62, § 1, eff. April 24, 1973; 1983, No. 88, § 9, eff. July 3, 1983; 1983, No. 195 (Adj. Sess.), § 5(b); 1995, No. 123 (Adj. Sess.), § 8, eff. June 6, 1996; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7, § 7; 2019, No. 144 (Adj. Sess.), § 11(b) (redesignated from 2 V.S.A. § 406).)