Executive Order No. 23-3 (No. 04-23) [We are Vermont Strong Tough Too!]
WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration
of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan
for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency
Declaration”), declaring a state of emergency for the State of Vermont in response
to the July 2023 severe storm (“Flooding of 2023”); and
WHEREAS, on July 10, 2023, the President declared that an emergency exists in the
State of Vermont; and
WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington
area July 7, 2023, and excessive rain, flooding, water runoff, erosion and resulting
damages statewide during the period July 9-11, 2023, were not going to be isolated
incidents, but rather part of series of events which would continue throughout the
coming week, with widespread flooding, repeated flash flooding, water runoff, erosion
and mudslides due to inundated soils and slope instability, statewide, the Governor,
in consultation with FEMA, requested a Presidential Declaration of a Major Disaster
for the period July 7, 2023, and continuing; and
WHEREAS, on July 14, 2023, the President issued a Major Disaster Declaration based
on flooding beginning on July 7, 2023, and continuing (the “Major Disaster Declaration”);
and
WHEREAS, the scope and severity of the Flooding of 2023 may exceed that of Tropical
Storm Irene in 2011; an
WHEREAS, 2012 Acts and Resolves, No. 71, as amended by 2012 Acts and Resolves No.
143, Sec. 13, 2014 Acts and Resolves No. 189, Sec. 26, and 2017 Acts and Resolves
No. 71, Sec. 24 (the “Act”), authorizes the Vermont Department of Motor Vehicles to
procure and sell a “Vermont Strong” Commemorative Motor Vehicle Plate; and
WHEREAS, through this Executive Order the Governor intends to do the same for the
victims of the 2023 Flooding by honoring the intent and policy of the Legislature
as expressed in the Act “to recognize all of those who have suffered losses because
of the destruction brought by Tropical Storm Irene and the flooding of 2011, and to
commemorate the contributions of the many who are helping to rebuild Vermont and to
make it stronger”; and
WHEREAS, the accounting mechanisms, pricing and fund allocation established in the
Act are outdated and need to be updated to comply with the intent of the Legislature
to ensure the integrity of the inventory management, accounting and allocation of
funding to meet the needs of the victims of the 2023 Flooding; and
WHEREAS, the “I Am Vermont Strong” commemorative motor vehicle plate continues to
be a symbol of Vermont’s resiliency; and
WHEREAS, the Flooding of 2023 has again tested the resolve of the State and the rescue
and recovery work of Vermonters, and our Vermont communities have proven We Are VERMONT
STRONG and Tough Too!; and
WHEREAS, I am directing 1) the refresh and redesign of the Vermont Strong Commemorative
Motor Vehicle Plate for sale to raise and allocate funds as set forth in this Executive
Order; 2) the Department of Motor Vehicles to use updated technological tools to establish
secure inventory management and accountable sales and resale processes; 3) the establishment
of a new program code within the Vermont Strong commemorative plate fund established
pursuant to the Act for the collection of fund receipts (the “Fund”); 4) an increase
in the price of the commemorative plates from $25 to $35 to maximize returns to Vermonters
in need; and 5) the innovative partnering with corporate and other partners who have
expressed a desire to assist the State with raising funds for the purposes set forth
in the Act and this Executive Order; and
WHEREAS, the Secretary of State’s corporate registration records reflect the “Vermont
Disaster Relief Fund,” a recipient of funding under the Act, is the expired assumed
name of the “Vermont Long Term Disaster Recovery Group, Inc.,” a terminated domestic
non-profit corporation; and as such it is no longer legally feasible to make donations
to Vermont Disaster Relief Fund; and
WHEREAS, understanding impacted individual and families have a wide range of needs
to respond to and recover from the July 2023 flooding, including housing, clean up,
transportation, personal property repairs, food, essential goods and more making it
important to fund multiple programs in support of these needs; and
WHEREAS, to ensure the equitable allocation of Fund receipts to those with the greatest
needs, after paying costs to the State, I am allocating 50% of Fund receipts to The
Vermont Community Foundation, a well-regarded Vermont non-profit in good standing
which is already providing substantial relief to victims of the 2023 Flooding; and
50% to the Agency of Commerce and Community Development’s Business Emergency Gap Assistance
Program, recently authorized by the E-Board; and
WHEREAS, I have authorized the creation of a special fund for the receipt of restricted
donations intended for use by the State for purposes of emergency management in accordance
with 20 V.S.A. § 17(b); and
WHEREAS, it is my intent to again recognize the Vermonters, Vermont businesses and
Vermont communities suffering the worst impacts of the Flooding of 2023, commemorate
the contributions of all who are helping to rebuild Vermont and provide an additional
opportunity to support State recovery efforts through the sale of two approved Commemorative
Motor Vehicle Plates: We are VERMONT STRONG and We are VERMONT STRONG Tough Too!™;
and
WHEREAS, a governor has an obligation to use the Executive’s Constitutional spending
power in a way consistent with the legislative policy decision that lies at the core
of the legislative function, and I have determined that the program set forth in this
Executive Order will not compromise the achievement of underlying legislative purposes
and goals of the Act.
NOW THEREFORE I, Philip B. Scott, pursuant to the authority vested in me as Governor
of the State of Vermont, do hereby order and direct:
1. Commemorative Plate Procurement and Sale. The Department of Motor Vehicles (“DMV”) shall procure and distribute Commemorative
Motor Vehicle Plates pursuant to its authority under the Act using the two approved
designs attached to this Executive Order. DMV shall sell and shall sell to other persons
for resale, Commemorative Motor Vehicle Plates for $35.00 per plate.
2. Promotional Bundles. DMV may enter into an agreement with Darn Tough Socks pursuant to which Darn Tough
Socks agrees to manufacture and sell to the State 5,000 pairs of limited-edition socks
at a discounted price and DMV agrees to purchase the socks for resale at a price set
forth in the Agreement, in accordance with this Executive Order. DMV shall re-sell
the socks exclusively with a Commemorative Motor Vehicle Plate as a promotional “bundle”
intended to maximize funds raised for the purposes of the Act and this Executive Order.
Darn Tough Socks shall agree to a system by which it shall distribute socks to purchasers.
DMV may enter into agreements with other partners to structure similar “bundles” designed
to maximize the funds raised for the purposes of the Act and this Executive Order.
3. Inventory Management. The Commissioner of DMV shall develop a plan and utilize the appropriate technological
tools for the management and security of the Commemorative Motor Vehicle Plate inventory.
4. Accounting. All receipts from the sale of the commemorative plates shall be deposited into the
Vermont Strong Commemorative Plate fund and all associated financial transactions
arising from these receipts accounted for with a unique program code related to the
2023 Flooding (the “Fund”). This is a fundraising effort to benefit Vermonters and
Vermont businesses that experienced the devastation of the 2023 Flooding and every
plate or product procured for sale shall be accounted for. The Commissioner of DMV
shall account for all sales, expenses and proceeds, and track inventory and distribution
of plates.
5. Use. The approved We Are VERMONT STRONG and We Are VERMONT STRONG Tough Too! Commemorative
Motor Vehicle Plates may be displayed in accordance with the Act on a motor vehicle
registered in Vermont as a pleasure car or on a motor truck registered in Vermont
for less than 26,001 pounds (but excluding vehicles registered under the International
Registration Plan) by covering the front registration plate with the commemorative
plate. The regular front registration plate shall not be removed. The regular rear
registration plate shall be in place and clearly visible at all times.
6. Price and Allocation of Revenue. The price of the We Are VERMONT STRONG and We Are VERMONT STRONG Tough Too! Commemorative
Motor Vehicle Plates shall be $35.00 and receipts shall be allocated as follows:
a. $5.00 from each plate sale to reimburse DMV for the purchase of plates;
b. $10.00 from each Darn Tough Bundle to reimburse DMV for the purchase of each pair
of Darn Tough Socks by the State in accordance with Section 2;
c. 50% of remaining plate receipts shall be donated by the State to The Vermont Community
Foundation to help fill the gaps in funding needed to address the most significant
disaster relief needs of individual Vermonters; and
d. 50% of the remaining plate receipts shall be transferred to the Agency of Commerce
and Community Development’s Business Emergency Gap Assistance Program to help fill
the gaps in funding needed to address the most significant disaster relief needs
of Vermont businesses and farms.
7. Pricing of Promotional Bundles. To the extent DMV reaches agreement with promotional partners as set forth in Section
2 of this Executive Order, sufficient funds shall be allocated to cover the State’s
costs of contracting for the promotional product and the remaining receipts shall
be allocated in accordance with Section 6 of this Executive Order. Alternatively,
a promotional partner may elect to sell plate and product bundles and donate profits
from the sale in accordance with Section 8 of this Executive Order.
8. Donations. Donations made for purposes of emergency management in accordance with 20 V.S.A. § 17(b) shall be accepted for deposit into the Vermont Emergency Donations Special Fund (Code
# 21552) for use by the Manufactured Home Improvement and Repair Program operated
by the Agency of Commence and Community Development and administered through Vermont
State Housing Authority (VSHA), for removal and disposal of flood impacted manufactured
homes and/or grants for the replacement of manufactured home units, or as the Governor
may otherwise accept for donation for purposes of emergency management. Donations
shall only be eligible for allocation as set forth herein for the term of the Governor’s
Declaration of Emergency pursuant to Executive Order 03-23.
The Commissioner of Finance and Management, shall develop processes and guidelines
for the expedited allocation of donations made for emergency management purposes.
9. Fund Transfers. The Commissioner of DMV shall transfer funds from the Fund no less often than once
per month in accordance with the allocation set forth above in Sections 6 and 7.
This Executive Order shall take effect upon signing and shall continue in effect until
rescinded by the Governor.
WITNESS my name hereunto subscribed and the Great Seal of the State of Vermont hereunto
affixed at Montpelier this 23rd day of August, 2023.