An act relating to the Vermont Truth and Reconciliation Commission

Section 905(d) removed the requirement that the Selection Panel fill commissioner vacancies within 60 days. The language now simply requires filling vacancies 'for the remainder of the term' without a specific deadline.

Section 912 (confidentiality of group sessions) was simplified. The unofficial version included detailed exceptions allowing disclosure in cases of threats of violence or suspected child/vulnerable adult abuse, plus a requirement that the Commission provide notice of confidentiality provisions to all participants. These detailed exceptions appear to have been removed in the official version.

New provisions were added to Section 911 allowing a quorum of commissioners to attend meetings electronically without being physically present at a designated location, and removing the requirement to designate a physical meeting location where the public may attend.

The term 'groups' was changed to 'affinity groups' in Section 906(b)(13) and Section 912, more precisely describing the support groups the Commission establishes for individuals who have experienced discrimination.

A new appropriation section was added providing $1,100,000 from the General Fund to the Truth and Reconciliation Commission for fiscal year 2025 operating expenses.

The Commission's sunset date, commissioner terms, and Selection Panel terms are all extended from July 1, 2026 (or March 31, 2023 for the Panel) to May 1, 2027. The final report deadline moves from June 15, 2026 to April 15, 2027, and the draft report public comment period moves from January 15, 2026 to October 15, 2026.

The cap on Selection Panel member compensation is removed. Previously limited to 'not more than 20 meetings during fiscal year 2023,' members are now entitled to per diem for all 'meetings to carry out the Panel's duties' with no numerical limit.

A new requirement that the Selection Panel fill any commissioner vacancy within 60 days after it occurs, and that a replacement serve only the balance of the unexpired term. A separate section requires the Panel to fill the existing vacancy on the Commission within 60 days after appointive Panel members are appointed.

The Commission must periodically post short summaries of its deliberative meetings to its website, providing transparency about closed deliberations. A definition of 'deliberations' is added by reference to 1 V.S.A. section 310(2).

New disclosure exceptions to the group session confidentiality duty: (1) threats of death or bodily injury made during a session may be disclosed to law enforcement or others able to prevent harm, and (2) reasonable suspicion of child or vulnerable adult abuse may be reported under existing mandatory reporting statutes. The Commission must also provide notice to participants about their rights and obligations.

The Open Meeting Law exception is restructured from a 'closed meeting' model (which allowed fully closed sessions with only staff and subjects present) to a 'limited access meeting' model. Limited access meetings must be livestreamed and video recorded, restrict in-person and digital attendance to specific categories (staff, counsel, witnesses, media, others needed), and must provide an opportunity for public comment on agenda topics.

The legislative intent section is expanded from a narrow focus on safety and trauma-informed practice to a broader statement committing the Commission to open, transparent, and inclusive operations, maximizing public meetings, and recognizing that Open Meeting Law exceptions exist specifically to preserve participant safety, avoid perpetuating harm, and protect against additional trauma.

'Affinity groups' are renamed to simply 'groups.' Commissioners are now explicitly barred from participating in group sessions. Groups may continue to exist after the Commission dissolves, but without staff assistance or funding.

Section 911 was completely rewritten. The House version created a detailed 'limited access meeting' framework with specific rules about who could attend (staff, counsel, witnesses, media), livestreaming requirements, and public comment procedures. The enacted version replaces this with a simpler provision that exempts deliberations of a quorum or more from the Open Meeting Law, requires the Commission to regularly post summaries of deliberative meetings on its website, and defines 'deliberations' while expressly excluding taking evidence, hearing arguments, taking public comment, and making decisions.

A new Section 5 was added requiring the Selection Panel to fill an existing vacancy on the Truth and Reconciliation Commission within 60 days after the appointive members of the Panel are appointed. This addresses a current vacancy that existed at the time of enactment.

Section 905(d) was modified to add a 60-day deadline for filling commissioner vacancies and to clarify that a commissioner appointed to fill a vacancy serves for the balance of the unexpired term.

A new subsection 908(b)(3) was added requiring the draft and final report to include: a bibliography of all sources, interviews, and materials used; a summary of interviews including total number, whether each was public or confidential, and whether a transcript or summary is available; and information on where the public can access and obtain copies of sources and materials.

The confidentiality provision in Section 912 was expanded to explicitly include 'Commission staff or individuals whom the Commission contracts with to facilitate group sessions' as subject to the duty of confidentiality, broadening who is bound by the obligation.

The $1,100,000 appropriation from the General Fund for fiscal year 2025 operating expenses was removed in the enacted version.

Section 906(b)(1) now shows a repealed rulemaking authority: 'Adopt rules in accordance with 3 V.S.A. chapter 25 as necessary to implement the provisions of this chapter. [Repealed.]'

The Commission's sunset date is extended from July 1, 2026 to May 1, 2027. Commissioner terms, Panel member terms, and the final report deadline are all adjusted accordingly (final report now due April 15, 2027; draft report public availability moved to October 15, 2026).

A new Section 5 requires the Selection Panel to fill an existing vacancy on the Commission within 60 days after appointive Panel members are appointed.

Section 912 gains new subsections: (d) permits limited disclosure of group session information when there is a threat of death or bodily injury, or reasonable suspicion of child/vulnerable adult abuse; (e) requires the Commission to notify participants of confidentiality provisions; and (f) defines 'group session.'

New provision in Section 906(b)(13) states that commissioners shall not participate in any meeting or session of a group established under that subdivision, and that groups may continue to exist after the Commission ceases to exist (without staff assistance or Commission funds).

Section 911 is completely rewritten. The old version focused on electronic meeting procedures and 'closed meetings.' The new version defines 'limited access meetings' (livestreamed and video recorded but with restricted attendance) that may be held when there are material threats to health or safety of the Commission, staff, witnesses, or invitees.

A new Section 11 states legislative intent that the Commission work openly and transparently, that Open Meeting Law exceptions exist to preserve participant safety and protect against additional trauma, and that limited access meetings must be trauma-informed.

The term 'affinity groups' is replaced with 'groups' throughout. A new definition of 'group session' is added in Section 912(f), specifying it does not include gatherings that contain one or more Commission members.

The $1,100,000 appropriation from the General Fund for fiscal year 2025 operating expenses is deleted (Section 13 marked as [Deleted]).

Selection Panel per diem compensation is no longer capped at 20 meetings during fiscal year 2023; it now covers all meetings to carry out the Panel's duties under sections 904, 905, and 905a.