§ 2222. Powers and duties; budget and report
(a) In addition to the duties expressly set forth elsewhere by law, the Secretary shall:
(1) As principal administrative aide to the Governor, plan, organize, direct, control,
integrate, coordinate, and supervise all functions and programs of the Agency and
its departments and divisions.
(2) With the approval of the Governor, issue general policy statements and general rules
and regulations applicable to the Executive Branch of the State government to implement
executive orders or legislative mandate.
(3) Upon request, advise the Governor and the Legislature on all matters relating to general
administration.
(4) Have access to and the right to copy any records of all executive and administrative
departments, except tax returns, other tax return information, and other information
that by law is confidential.
(5) Have access to and the right to inspect all lands, buildings, and installations owned
or leased by the State, under such regulations as the Governor may approve.
(6) Be responsible for the internal budgeting, accounting, procurement, filing, and related
management functions for the Agency through facilities as the Secretary shall designate
or establish, subject to the provisions of this title.
(7) Subject to chapter 13 of this title relating to classification, and other provisions
of law, exercise all functions pertaining to appointment, fixing of compensation,
transfer, promotion, demotion, suspension, or dismissal of persons to or from offices
and positions in the Agency of Administration.
(8) When so requested by the General Assembly, make a biennial report to the General Assembly
of all principal matters pertaining to the operation of the Agency of Administration
and its departments and divisions.
(9) [Repealed.]
(10) [Repealed.]
(11) Inspect, appraise, and maintain a current appraisal schedule of all State-owned buildings,
appendages, and appurtenances thereto based upon replacement value in the first instance
and upon depreciated value in the second instance. Appraisals shall be furnished upon
request to the Commissioner of Buildings and General Services, departments and agencies
concerned, and appropriate committees of the General Assembly.
(b) The Secretary shall be responsible to the Governor and shall plan, coordinate, and
direct the functions vested in the Agency. He or she shall prepare and submit to the
Governor an annual budget.
(c) The Secretary shall compile, weekly, a list of all public hearings and meetings scheduled
by all Executive Branch State agencies, departments, boards, or commissions during
the next ensuing week. The list shall be distributed to any person in the State at
that person’s request. Each Executive Branch State agency, department, board, or commission
shall notify the Secretary of all public hearings and meetings to be held and any
cancellations of such hearings or meetings.
(d) With the approval of the Governor, or upon his or her request, the Secretary of Administration,
or his or her agent, shall undertake a full and complete management audit of the accounts
and activities of any State agency, commission, or State-created authority of any
kind. Any such agency, commission, or State-created authority shall make available
all books, records, accounts, documents, and other material requested by the Secretary
of Administration, or his or her agent, for such purpose.
(e) The Secretary of Administration is authorized to arrange staff and technical support
for studies or investigative committees appointed by the Governor.
(f) The Secretary of Administration may extend the benefits of the collective bargaining
agreement as necessary or appropriate to State employees who are not members of any
bargaining unit, and may offer additional benefits the cost of which shall be paid
by the employee.
(g) [Repealed.]
(h) Notwithstanding the provisions of chapter 13 of this title, the Secretary of Administration,
with the approval of the Governor, may authorize alternative salary compensation plans
for managerial employees, either as a whole, or within specific occupations and categories
as determined by the Secretary. Such alternative salary provisions may implement provisions
for minimum and maximum ranges, promotional rates, and merit pay for performance provisions,
pay banding, and other features of compensation determined in the best interests of
the State, provided that individual employees may not receive adjustments that exceed
the rates of adjustment available to classified employees under the collective bargaining
unit.
(i) The Secretary of Administration is authorized to transfer vacant positions throughout
the Executive Branch of State government, and to adjust appropriations in the Executive
Branch in accordance with the Secretary’s Statewide Vacancy Savings Plan that reflects
realistic savings due to vacant positions. Such appropriation adjustments shall result
in no change to the total statewide legislative appropriations to the Executive Branch.
This authority is separate from the Secretary’s authority provided in 32 V.S.A. § 706.
(j) Notwithstanding the provisions of 29 V.S.A. § 903(a), the Agency of Administration will administer the Equipment Revolving Fund to be
used for internal lease purchase of equipment for State agencies. The Secretary of
Administration shall establish criteria for equipment purchased through this Fund,
including types of equipment, limiting amounts for specific equipment, and the useful
life of the equipment.
(1) Agencies or departments acquiring such equipment shall repay the Fund through their
regular operating budgets according to an amortization schedule established by the
Commissioner of Finance and Management. Repayment shall include charges for the administrative
costs of the purchase and estimated administrative inflation over the term of the
payback.
(2) The Commissioner of Finance and Management may anticipate receipts to this Fund and
issue warrants based thereon.
(k) The Secretary of Administration or designee shall review all grants from an agency
of the State to a law enforcement agency or constable, and all such grants shall be
subject to the approval of the Secretary or designee. The Secretary or designee shall
approve the grant only if the law enforcement agency or constable has complied with
the race data reporting requirements set forth in 20 V.S.A. § 2366(e) and the death or serious bodily injury reporting requirements set forth in 18 V.S.A. § 7257a(b) within six months prior to the Secretary’s or designee’s review. (Added 1971, No. 92, § 4(b), (c), eff. June 1, 1971; amended 1973, No. 60, § 2, eff. May 13, 1973; 1977, No. 146 (Adj. Sess.), § 5; 1979, No. 205 (Adj. Sess.), § 136, eff. May 9, 1980; 1987, No. 243 (Adj. Sess.), § 12, eff. June 13, 1988; 1989, No. 67, § 19; 1989, No. 277 (Adj. Sess.), § 17a; 1993, No. 207 (Adj. Sess.), § 2, eff. June 17, 1994; 1995, No. 63, §§ 18a, eff. May 4, 1995; 1995, No. 63, § 18b; 1995, No. 177 (Adj. Sess.), § 9; 1995, No. 178 (Adj. Sess.), § 420, eff. May 22, 1996; 1995, No. 185 (Adj. Sess.), §§ 44, 45, eff. May 22, 1996; 1997, No. 66 (Adj. Sess.), § 67, eff. Feb. 20, 1998; 1999, No. 29, § 60, eff. May 19, 1999; 2001, No. 142 (Adj. Sess.), § 302a; 2003, No. 31, § 2; 2005, No. 203 (Adj. Sess.), § 3, eff. May 30, 2006; 2007, No. 206 (Adj. Sess.), § 7; 2009, No. 33, § 6; 2009, No. 156 (Adj. Sess.), § E.100.1; 2011, No. 109 (Adj. Sess.), § 5, eff. May 8, 2012; 2011, No. 162 (Adj. Sess.), § E.101.1; 2013, No. 1, § 73; 2013, No. 50, § E.100.2; 2013, No. 142 (Adj. Sess.), § 11; 2015, No. 58, § E.100.2, eff. June 11, 2015; 2015, No. 58, § E.145.3; 2015, No. 131 (Adj. Sess.), § 20; 2019, No. 49, § 3, eff. June 10, 2019; 2019, No. 147 (Adj. Sess.), § 2, eff. Jan. 1, 2021; 2019, No. 166 (Adj. Sess.), § 19, eff. Jan. 1, 2021; 2021, No. 74, § E.103.3.)
§ 2222d. Employee Misclassification Task Force [Repealed effective July 1, 2026]
(a) As used in this section, “employee misclassification” means:
(1) the misclassification of an employee as an independent contractor; or
(2) a violation of 21 V.S.A. § 687 or 708 that results from an employer claiming that it is not an employer as defined pursuant
to 21 V.S.A. § 601(3) or that an individual is not a worker or employee as defined pursuant to 21 V.S.A. § 601(14).
(b) The Employee Misclassification Task Force is created to coordinate efforts to combat
misclassification of workers and to ensure enforcement of all related laws and regulations.
The Task Force shall be overseen by the Office of the Attorney General and shall be
composed of the following members:
(1) the Attorney General or designee;
(2) the Secretary of Administration or designee;
(3) the Secretary of Transportation or designee;
(4) the Commissioner of Buildings and General Services or designee;
(5) the Commissioner of Labor or designee;
(6) the Commissioner of Financial Regulation or designee;
(7) the Secretary of Human Services or designee;
(8) the Commissioner of Taxes or designee; and
(9) the Commissioner of Liquor and Lottery or designee.
(c)(1) The Task Force shall meet at least quarterly.
(2) The Attorney General or designee shall be the Chair of the Task Force.
(d) The Task Force shall ensure that all State agencies coordinate their efforts to combat
employee misclassification in a manner that increases the efficiency and effectiveness
of those efforts.
(e)(1) The Attorney General shall report annually on or before January 15 of each year to
the House Committees on Commerce and Economic Development and on Ways and Means and
the Senate Committees on Economic Development, Housing and General Affairs and on
Finance regarding activities undertaken pursuant to this section and any additional
tax revenue and unemployment insurance contributions, as well as any reduction in
workers’ compensation premiums and costs, realized as a result of the efforts undertaken
pursuant to this section.
(2) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this
subsection.
(f) On or before December 15, 2021, the Task Force shall submit a written report to the
House Committee on Commerce and Economic Development and the Senate Committee on Economic
Development, Housing and General Affairs regarding ways to improve the effectiveness
and efficiency of the system of joint enforcement by the Commissioner of Labor and
the Attorney General of the laws related to employee misclassification that is established
pursuant to 21 V.S.A. §§ 3, 346, 387, 712, and 1379. In particular, the report shall examine:
(1) potential legislative changes to address shortcomings or difficulties identified by
the Task Force in relation to the system of joint enforcement;
(2) potential legislative changes to enable either the Commissioner of Labor or the Attorney
General to seek the full, combined range of penalties and remedies that are currently
available to them through joint enforcement;
(3) whether to expand the joint enforcement of the laws related to employee misclassification
to include additional agencies or departments of the State and potential legislative
changes to accomplish such an expansion;
(4) the possibility of creating a private right of action to enforce the provisions of
21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification; and
(5) the possibility of creating a private attorneys general act modeled on California
law for the enforcement of the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification. (Added 2019, No. 85 (Adj. Sess.), § 10, eff. Feb. 20, 2020; amended 2021, No. 51, § 16, eff. June 1, 2021; repealed by 2019, No. 85 (Adj. Sess.), § 11(a), eff. July 1, 2026.)