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NO. 117. AN ACT RELATING TO DUI.

(S.185)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. FINDINGS

The general assembly finds that:

(1) Driving under the influence (DUI) is a significant public safety and public health problem in Vermont. The magnitude of the problem as evidenced by a report by the Vermont department of health reflects that in 1996 an estimated 13,000 Vermonters, age 18 and over, drove when they had too much to drink and accounted for 255,000 episodes of drinking and driving in Vermont. Despite this extraordinarily high number of DUI incidents, only 3,785 DUI charges were filed in criminal court in Vermont in 1996.

(2) More people are arrested and convicted for DUI than for any other criminal offense.

(3) There is a low probability that persons convicted of DUI will be sentenced to incarceration. The public is generally aware of this fact.

(4) A significant proportion (30-35 percent) of DUI offenders has also been charged with other criminal offenses. This has implications for correctional services and treatment since the DUI is often a part of larger antisocial behavioral dynamics.

(5) DUI offenders tend to be concentrated in the 20-40 age group (72 percent) and about five percent are under age 20; a disproportionate number of DUI offenders are young persons (in 1994, 63.3 percent of DUI operators were under the age of 35).

(6) DUI is a major cause of traffic fatalities. On average, over 30 people die each year on Vermont highways in alcohol-related crashes; hundreds more are injured. Crash-involved drivers and persons charged with crimes relating to such crashes are overwhelmingly males between 20 and 34 years old.

(7) Traditional rehabilitation methods have had limited success in reducing DUI. Legal interventions have also not been successful in substantially reducing DUI. These efforts have failed in large part because of insufficient law enforcement resources directed at DUI detection with a resulting low probability for arrest, court backlogs, lack of adequate space in correctional facilities, judicial reluctance to administer the full range ofavailable penalties, and limited effective therapeutic interventions.

(8) There is no credible evidence that legislation that increases DUI penalties has any measurable effect on the incidence of DUI and DUI-related fatalities, while laws designed to increase the certainty of apprehension and punishment have had a deterrent effect. Emphasis must be on increased detection of DUI and stricter enforcement of DUI laws.

(9) Vermont's existing DUI laws are already some of the toughest in the country. Despite these tough laws, many persons who are arrested and convicted of DUI continue to drink and drive.

(10) It is important to prevent alcohol-impaired driving in the first place. The state must show drivers that DUI is a serious offense with correspondingly serious consequences in terms of sanctions and immediate and mandatory treatment. Strategies to maximize the effects of enforcement require that it be sustained and highly visible in communities, and that it be reinforced with active public education and media campaigns.

(11) The state presently does not have a comprehensive plan for preventing persons who are impaired by alcohol from driving on the state's highways. With a comprehensive plan, meaningful progress in resolving the DUI crisis may be anticipated.

(12) Reducing DUI requires vigorous enforcement and swift imposition of driver suspension.

(13) More arrests for DUI will enhance prevention as well as intervention efforts.

(14) Increased law enforcement activity directed at DUI enforcement and apprehension of DUI offenders is the most important component of a comprehensive and effective DUI prevention and enforcement program.

(15) A comprehensive effort will be effective only as long as the effort is sustained.

Sec. 2. COORDINATOR OF ALCOHOL TRAFFIC SAFETY PROGRAMS

(a) The governor shall designate a coordinator of alcohol traffic safety programs who shall have the responsibility and authority to monitor and coordinate all state and participating county and municipal programs that deal with alcohol traffic safety activities, including prevention, education, enforcement, adjudication and rehabilitation. In addition,the coordinator shall ensure that the following occur:

(1) Development of a comprehensive plan for a coordinated and sustained statewide program to reduce the incidence of drinking and driving, involving state, county and local officials in the areas of health, education, prevention, law enforcement, corrections, motor vehicles, teen activities and community wellness.

(2) Cooperation among state, county and municipal officials and law enforcement agencies in the formulation and execution of a coordinated statewide alcohol traffic safety program.

(3) Cooperation among appropriate departments, including but not limited to health, education, corrections, motor vehicles, public safety and liquor control.

(4) Study of alcohol traffic safety issues and development of recommendations regarding changes in law and rules as deemed advisable.

(5) Compile data on all types of alcohol-related incidents and the analysis, study and compilation of such data for use by educators, researchers, policy advocates, administrators, legislators and the governor.

(b) The coordinator of alcohol traffic safety programs shall establish an interagency work group to coordinate efforts of those agencies and departments of government involved in addressing drunk driving and alcohol issues. The coordinator of alcohol traffic safety programs shall chair the work group.

(c) The coordinator of alcohol traffic safety programs shall contract with the Vermont Center for Justice Research for the establishment and operation of a DUI monitoring system, which shall include:

(1) Extraction of relevant data from existing files and systems of the Vermont Center for Justice Research.

(2) Liaison with law enforcement, the departments of health, education, corrections, motor vehicles, public safety and liquor control, the treatment community and other relevant agencies for extraction of relevant data.

(3) Development of a system model.

(4) Evaluation of various aspects of the DUI system, especially those relevant tolegislative initiatives.

(5) Support to agencies and the public seeking information about the DUI system.

(6) Identification of information system improvements.

(d) The department of public safety shall provide administrative support for the work group.

(e) The work group shall consult with and coordinate statewide programs that deal with drinking and driving, alcohol abuse, teen prevention and other related educational, health, and law enforcement issues surrounding the use of alcohol in society.

Sec. 3. REPORTS

(a) On January 15, 1999, and each year thereafter, the coordinator of alcohol traffic safety programs shall file a report with the general assembly. The report shall include:

(1) The progress, problems and other matters related to the administration and implementation of the coordinated and sustained DUI reduction program.

(2) An assessment of the effectiveness of the program.

(3) A list of actions that are planned for the future with a schedule for implementation.

(4) The number of video camera units purchased during the previous fiscal year, and an evaluation of the effectiveness of the additional video cameras, including the resulting impact on DUI processing and adjudication.

(5) The status of the state police DUI enforcement program, the number of troopers added to the program during the previous fiscal year, and an evaluation of the effectiveness of the program and a list of accomplishments of the program.

(6) Any problems encountered by the coordinator related to fulfilling his or her responsibilities, including specific recommended solutions to remedy those problems.

(7) Recommendations for legislative action and any improvements relating to the program.

(8) A description of the DUI publicity and advertising campaigns developed and implemented by or at the direction of the director.

(9) The impact that the implementation of the programs provided for in this act hashad on each component of the criminal justice system and other involved agencies.

(b) On January 15, 1999, and each year thereafter, the coordinator of alcohol traffic safety programs shall file a report with the general assembly on the coordinated statewide multi-agency DUI enforcement program. The report shall include:

(1) The identity of the law enforcement agencies that participated in the program during the previous year.

(2) The total time spent by the program on DUI enforcement, broken down by the time spent on each type of enforcement effort, such as sobriety checkpoints and roving patrols.

(3) The amount of money deposited in the DUI enforcement fund and the amount of money expended by the program.

(4) The accomplishments, problems and other matters related to the administration and implementation of the program.

(5) Relevant statistics related to the program, including: number of motor vehicle stops, number of arrests, number and description of motor vehicle violations and crimes charged.

(6) An assessment of the effectiveness of the program.

(7) Recommendations for legislative action and for any improvements to the program.

(8) The impact the program has had on each component of the criminal justice system and other involved agencies.

(c) The director of the office of alcohol and drug abuse shall report on the implementation, consequences and effectiveness of the amendments to 23 V.S.A. § 1209a (conditions of reinstatement). The report shall also include:

(1) The number of persons whose licenses were suspended and who were eligible for reinstatement under 23 V.S.A. § 1209a.

(2) The number of persons who participated in the alcohol and driving education program and the number of persons who successfully completed the program.

(3) The number of persons who were referred to a therapy program in order to gettheir licenses reinstated and the number of persons who successfully completed the therapy program.

(4) Any problems encountered in implementing the amendments to 23 V.S.A. § 1209a.

(5) Any recommended changes to the law.

(d) The director of the state's attorneys and sheriffs departments shall report to the coordinator of alcohol traffic safety programs on the implementation, consequences and effectiveness of the immobilization and forfeiture sections of this act. The report shall also include:

(1) The number of motor vehicle immobilizations and forfeitures requested by the state's attorneys under 23 V.S.A. § 1213c, broken down by offense and county.

(2) The number of motor vehicles ordered immobilized or forfeited by the court, broken down by offense and county.

(3) Any problems encountered in implementing these sections of this act.

(4) Any recommended changes to the law.

(e) The commissioner of corrections shall report to the coordinator of alcohol traffic safety programs on the implementation, consequences and effectiveness of 23 V.S.A. § 674(b) (operating after suspension or revocation of license). The report shall also include:

(1) The number of persons charged with violating 23 V.S.A. § 674(b) and the number of persons convicted of violating 23 V.S.A. § 674(b), including the type of sentence each person received and how that sentence was actually served.

(2) A description of any increased demand on services and the impact on department resources that resulted from the amendments to 23 V.S.A. § 674(b).

(f) The commissioner of the department of banking, insurance, securities, and health care administration shall report to the coordinator of alcohol traffic safety programs on the impact the financial responsibility sections of this act have had on the insurance companies doing business in this state, including any change in the cost of insurance related to those sections.

Sec. 4. 7 V.S.A. § 64 is amended to read:

§ 64. SALE OF MALT BEVERAGES IN KEGS

(a) As used in this section, "keg" means a reusable container capable of holding at least *[7.5]* five gallons of malt beverage.

(b) A keg shall be sold by a second class licensee only under the following conditions:

(1) The keg shall be tagged in a manner and with a label approved by the board. The label shall be supplied and securely affixed to the keg by the wholesale dealer.

(2) A person shall exhibit proper proof of identification upon demand of a licensee or an agent of a licensee. If the person fails to provide such proof of identification, the licensee shall be entitled to refuse to sell the keg to the person. As used in this subsection, "proper proof of identification" means a photographic motor vehicle operator's license, a liquor control photographic identification card, a valid passport, a United States military identification card or a photographic nondriver motor vehicle identification card obtained from the department of motor vehicles.

(c) A licensee shall not:

(1) sell a keg without a legible label attached;

(2) return a deposit on a keg which is returned without the label intact.

(d) Any person, other than the wholesaler, who intentionally removes or defaces the label attached to a keg shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

Sec. 5. 7 V.S.A. § 658 is amended to read:

§ 658. SALE OR FURNISHING TO MINORS; ENABLING CONSUMPTION BY

MINORS; MINOR CAUSING DEATH OR SERIOUS BODILY INJURY

(a) A person, licensee or otherwise, shall not:

(1) sell or furnish malt or vinous beverages or spirituous liquors to a person under the age of 21; or

(2) knowingly enable the consumption of malt or vinous beverages or spirituous liquors by a person under the age of 21.

(b) As used in this section,"enable the consumption of malt or vinous beverages or spirituous liquors" means creating a direct and immediate opportunity for a person to consume malt or vinous beverages or spirituous liquors.

(c) A person who violates subsection (a) of this section shall be fined not less than $500.00 nor more than $2,000.00 or imprisoned not more than two years, or both.

(d) A person who violates subsection (a) of this section, where the person under the age of 21, while operating a motor vehicle on a public highway causes death or serious bodily injury to himself or herself or to another person as a result of the violation, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

Sec. 6. 23 V.S.A. § 109 is amended to read:

§ 109. LISTS OF REGISTRATIONS TO ENFORCEMENT OFFICERS AND

OTHERS; LISTS OF SUSPENSIONS

(a) Annually, the commissioner shall cause to be prepared a list of registered motor vehicles, arranged serially according to the registration numbers assigned thereto which shall contain in addition the names and addresses of registered owners and a brief description of the vehicle registered, and the name and address of each person to whom is assigned a dealer's registration number. One copy of such list shall be furnished, in such form as *[he]* the commissioner may determine, free to each inspector of the motor vehicledepartment, sheriff, state's attorney, district judge and police department in the state. *[Such]* The list may be also furnished to any person on request and upon the payment of the required fee.

(b) Each month, the commissioner shall cause to be prepared a list of all persons whose operating license, nonresident operating privileges, or privilege of an unlicensed operator to operate a vehicle, is suspended or revoked in this state at the time the list is prepared. Names on the list shall be arranged by county of residence or zip code. Notwithstanding chapter 5 of subchapter 3 of Title 1, the list shall be available on request in such form as the commissioner may determine. The list shall be available in an electronic format for law enforcement officers with computer access through the department of public safety.

Sec. 7. REPORT

Not later than January 1, 1999, each law enforcement entity that has utilized a list provided under 23 V.S.A. § 109(b) shall submit information and comments to the commissioner of motor vehicles regarding the frequency with which the list is used and its effectiveness.

Sec. 8. 23 V.S.A. § 674 is amended to read:

§ 674. OPERATING AFTER SUSPENSION OR REVOCATION OF LICENSE;

PENALTY

(a) A person whose license or privilege to operate a motor vehicle has been suspended or revoked for a violation of this section or sections 1091, 1094, 1128 or 1133 of this title and who operates or attempts to operate a motor vehicle upon a public highway before the suspension period imposed for the violation has expired shall be imprisoned not more than two years or fined not more than $5,000.00, or both.

(b) A person whose license or privilege to operate a motor vehicle has been suspended or revoked for a violation of section 1201 of this title or has been suspended under section 1205 of this title and who operates or attempts to operate a motor vehicle upon a public highway before *[the suspension period imposed for the violation has expired]* reinstatement of the license shall be imprisoned not more than two years or fined not more than$5,000.00, or both. The sentence of imprisonment shall be subject to the following mandatory minimum terms:

(1)(A) For the first offense, at least *[two consecutive days]* 48 hours must be served in a correctional facility or in a house arrest program approved by the commissioner of corrections and the sentence may not be suspended or deferred. In addition, the person shall be sentenced to perform 40 hours of community service approved by the commissioner of corrections.

(B) Notwithstanding the provisions of subsection (b)(1)(A) and subsection (f) of this section, a person charged with a first offense under this section after the suspension period has run and who has complied with section 1209a of this title shall not be subject to the mandatory 48-hour sentence provided in subdivision (1) of this subsection. A person sentenced under this subdivision shall not be subject to the provisions of subsection (h) of this section for that offense.

(2) For the second offense, at least *[four consecutive days]* 96 hours must be served in a correctional facility or in a house arrest program approved by the commissioner of corrections and the sentence may not be suspended or deferred. In addition, the person shall be sentenced to perform 80 hours of community service approved by the commissioner of corrections.

(3) For the third offense, at least eight consecutive days must be served in a correctional facility and may not be suspended or deferred. In addition, the person shall be sentenced to perform 120 hours of community service approved by the commissioner of corrections.

(4) For the fourth and subsequent offenses, at least 16 consecutive days must be served in a correctional facility and may not be suspended or deferred.

(c) A person who violates section 676 of this title for the third or subsequent time shall be subject to the penalties set forth in subsection (a) of this section.

(d) Notwithstanding any other provision of this title, when a conviction for a violation of this section and a conviction for a violation of section 1201 of this title result from the same incident, any penalty or suspension or revocation of a person's license or privilege tooperate shall be imposed to be consecutive and not concurrent.

(e) In determining appropriate fines under this section, the court may take into account the income of the defendant.

(f) For purposes of this section and section 676 of this title, the suspension period for a violation of section 1201 or 1205 of this title shall not be deemed to expire until the person has complied with section 1209a of this title and the person's license has been reinstated.

(g) In establishing a prima facie case against a person accused of violating this section, the court shall accept as evidence a printout attested to by the law enforcement officer as the person's motor vehicle record showing convictions and resulting license suspensions. The admitted motor vehicle record shall establish a permissive inference that the person was under suspension on the dates and time periods set forth in the record. No certified copy shall be required from the department of motor vehicles to establish the permissive inference.

(h) At the time of sentencing after a second or subsequent conviction under subsection (b) of this section, the court may, in addition to any penalty imposed by law, order that the motor vehicle operated by the person at the time of the offense be immobilized. At the time of sentencing after a third or subsequent conviction under subsection (b) of this section, the court may, in addition to any penalty imposed by law, order that the motor vehicle operated by the person at the time of the offense be forfeited and sold. Immobilization and forfeiture procedures under this section shall be conducted in accordance with the procedures in section 1213c of this title.

Sec. 8a. 23 V.S.A. § 676 is amended to read:

§ 676. OPERATION AFTER SUSPENSION, REVOCATION OR REFUSAL - CIVIL

VIOLATION

(a) A person whose license or privilege to operate a motor vehicle has been revoked, suspended or refused by the commissioner of motor vehicles for any reason other than a violation of sections 674, 1091, 1094, 1128, 1133 or 1201 or a suspension under section 1205 of this title and who operates or attempts to operate a motor vehicle upon a publichighway before the license or privilege of the person to operate a motor vehicle has been reinstated by the commissioner commits a civil traffic violation.

(b) A person whose license or privilege to operate a motor vehicle has been revoked or suspended for a violation of sections *[674,]* 674(a), 1091, 1094, 1128*[,]* or 1133 *[or 1201]* of this title and who operates or attempts to operate a motor vehicle on a public highway after the suspension or revocation period has expired but prior to reinstatement commits a civil traffic violation.

Sec. 9. 23 V.S.A. § 1134 is amended to read:

§ 1134. DRINKING WHILE DRIVING

(a) A person shall not consume alcoholic beverages while operating a motor vehicle on a public highway.

(b) A person who violates subsection (a) of this section shall be fined not more than *[$100.00]* $500.00.

Sec. 10. 23 V.S.A. § 1200(3) is amended to read:

(3) "Evidentiary test" means a breath or blood test which indicates the person's alcohol concentration or the presence of other drug and which is intended to be introduced as evidence.

Sec. 11. 23 V.S.A. § 1200(6) is amended to read:

(6) "Vehicle" means a motor vehicle as defined in section 4 of this title, and *[also means]* when on a public highway, a snowmobile as defined in section 3201 of this title *[when on a public highway]* and an all-terrain vehicle as defined in section 3501 of this title.

Sec. 12. 23 V.S.A. § 1200(7) is added to read:

(7) "Highway" shall be defined as in subdivision (13) of section 4 of this title, except that for purposes of this subchapter, "highway" does not include the driveway which serves only a single-family or two-family residence of the operator. This exception shall not apply if a person causes the death of a person, causes bodily injury to a person, or causes damage to the personal property of another person, while operating a motor vehicle on a driveway in violation of section 1201 of this subchapter.

Sec. 13. 23 V.S.A. § 1201c is added to read:

§ 1201c. CALCULATION OF SUSPENSIONS AND REVOCATIONS

Notwithstanding any direction or order from any person or entity to the contrary, the commissioner of motor vehicles shall calculate, in accordance with applicable statutes and rules, the duration of suspensions, whether and when revocations, suspensions and reinstatements shall occur, and all other required actions and calculations.

Sec. 14. 23 V.S.A. § 1202(a) is amended to read:

(a)(1) Implied consent. Every person who operates, attempts to operate, or is in actual physical control of any vehicle on a highway in this state is deemed to have given consent to an evidentiary test of that person's breath for the purpose of determining the person's alcohol concentration or the presence of other drug in the blood. The test shall be administered at the direction of a law enforcement officer.

(2) Blood test. If breath testing equipment is not reasonably available or if the person is unable to give a sufficient sample of breath for testing or if the law enforcement officer has reasonable grounds to believe that the person is under the influence of a drug other than alcohol, the person is deemed to have given consent to the taking of *[a]* an evidentiary sample of blood *[for those purposes]*. If in the officer's opinion the person is incapable of decision or unconscious or dead, it is deemed that the person's consent is given and a sample of blood shall be taken.

(3) Evidentiary test. The evidentiary test shall be required of a person when a law enforcement officer has reasonable grounds to believe that the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title.

(4) Fatal collision or incident resulting in serious bodily injury. The evidentiary test shall also be required if the person is the surviving operator of a motor vehicle involved in a fatal *[accident]* incident or collision or an *[accident]* incident or collision resulting in serious bodily injury and the law enforcement officer has reasonable grounds to believe that the person has any amount of alcohol *[in]* *[the system]* or other drug in his or her system.

Sec. 15. 23 V.S.A. § 1203b is added to read:

§ 1203b. DUTY TO REPORT BLOOD TEST RESULTS

(a) Notwithstanding any law or court rule to the contrary, if a health care provider who is providing health services to a person in the emergency room of a health care facility as a result of a motor vehicle accident becomes aware as a result of any blood test performed in the health care facility that the person's blood alcohol level meets or exceeds the level prohibited by law, the health care provider shall report that fact, as soon as is reasonably possible, to a law enforcement agency having jurisdiction over the location where the accident occurred.

(b) Any person who in good faith reports the results of a blood test pursuant to the provisions of subsection (a) of this section shall be immune from any civil or criminal liability which might otherwise be incurred or imposed as a result of making a report.

(c) Any person who violates subsection (a) of this section shall be fined not more than $500.00.

(d) A report made under this section, the fact that a report was made and the results of the blood test which required the report shall not be admissible in any criminal case without the consent of the person whose blood was tested.

(e) A report made under the provisions of this section shall not be considered a waiver of the patient's privilege.

(f) As used in this section:

(1) "Health care facility" shall be defined as provided in 18 V.S.A. § 9432(7).

(2) "Health care provider" shall be defined as provided in 18 V.S.A. § 9432(8).

(3) "Health services" shall be defined as provided in 18 V.S.A. § 9432(9).

(g) Health care facilities have a responsibility to ensure that all health care providers who work in the health care facility and may provide health care to a person injured as a result of a motor vehicle accident are aware of their responsibilities under this section. Every health care facility that provides health care to persons injured as a result of motor vehicle accidents shall:

(1) adopt a policy that implements this section;

(2) provide a copy of the policy to all health care providers who work in the health care facility who may provide health care to a person as a result of a motor vehicle accident; and

(3) conduct an educational and training program within one month of the effective date of this section for all such health care providers currently working at the facility and, for all such health care providers hired thereafter, within one month of their employment.

Sec. 16. 23 V.S.A. § 1205 is amended to read:

§ 1205. CIVIL SUSPENSION; SUMMARY PROCEDURE

(a) Refusal; alcohol concentration of 0.08 or more; suspension periods. Upon affidavit of a law enforcement officer that the officer had reasonable grounds to believe that the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title and that the person refused to submit to a test, the commissioner shall*[, unless the person requests a hearing,]* suspend the person's operating license, or nonresident operating privilege, or the privilege of an unlicensed operator to operate a vehicle for a period of six months and until the person complies with section 1209a of this title. Upon affidavit of a law enforcement officer that the officer had reasonable grounds to believe that the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title and that the person submitted to a test and the test results indicated that the person's alcohol concentration was 0.08 or more at the time of operating, attempting to operate or being in actual physical control, the commissioner shall*[, unless the person requests a hearing,]* suspend the person's operating license, or nonresident operating privilege, or the privilege of an unlicensed operator to operate a vehicle for a period of 90 days and until the person complies with section 1209a of this title.

(b) Form of officer's affidavit. A law enforcement officer's affidavit in support of a suspension under this section shall be in a standardized form for use throughout the state and shall be sufficient if it contains the following statements:

(1) The officer is a certified law enforcement officer.

(2) The officer who administered the test was certified to operate the testingequipment.

(3) The officer had reasonable grounds to believe the person was operating, attempting to operate or in actual physical control of a vehicle in violation of section 1201 of Title 23 (noting the time and date of operating, attempting to operate or being in actual physical control).

(4) The officer informed the person of his or her rights under 23 V.S.A. § 1202(d).

(5) The officer obtained an evidentiary test (noting the time and date the test was taken) and the test indicated that the person's alcohol concentration was 0.08 or more, or the person refused to submit to an evidentiary test.

(6) The officer complied with the Soldiers and Sailors Civil Relief Act (50 U.S.C. § 501 et seq.).

(7) The officer confirmed the person's correct mailing address.

(c) Notice of suspension. On behalf of the commissioner of motor vehicles, a law enforcement officer requesting or directing the administration of an evidentiary test shall serve notice of intention to suspend and of suspension on a person who refuses to submit to an evidentiary test or on a person who submits to a test the results of which indicate that the person's alcohol concentration was 0.08 or more at the time of operating, attempting to operate or being in actual physical control of a vehicle in violation of section 1201 of this title. The notice shall be signed by the law enforcement officer requesting the test. The notice shall also serve as a temporary operator's license and shall be valid until the effective date of suspension indicated on the notice. At the time the notice is given to the person, the person shall surrender, and the law enforcement officer shall take possession and custody of, the person's license or permit and forward it to the commissioner. A copy of the notice shall be sent to the commissioner of motor vehicles and a copy shall be mailed or given to the defendant within three business days of the date the officer receives the results of the test. If mailed, the notice is deemed received three days after mailing to the address provided by the defendant to the law enforcement officer. A copy of the affidavit of the law enforcement officer shall also be mailed first class mail or given to the defendant within seven days of the date of notice.

(d) Form of notice. The notice of intention to suspend and of suspension shall be in a form prescribed by the supreme court. The notice shall include an explanation of rights *[and]*, a form to be used to request a hearing, and, if a hearing is requested, the date, time and location of the district court where the person must appear for a preliminary hearing. The notice shall also contain, in boldface print, the following:

(1) You have the right to ask for a hearing to contest the suspension of your operator's license.

(2) This notice shall serve as a temporary operator's license and is valid until 12:01 a.m. of the date of suspension. If this is your first violation of 23 V.S.A. § 1201 and if you do not request a hearing, your license will be suspended as provided in this notice. If this is your second or subsequent violation of 23 V.S.A. § 1201, your license will be suspended on the 11th day after you receive this notice. It is a crime to drive while your license is suspended.

(3) If you wish to request a hearing before the district court, you must mail or deliver your request for a hearing within seven (7) days after (date of notice). *[The district court will notify you of the place, date and time of the hearing.]*

(4) If your request for a hearing is not mailed or delivered within seven (7) days after (date of notice), you waive your right to a hearing and your license will be suspended as provided in this notice.

(5) In order to request a hearing, sign the attached form and mail or deliver the form to the commissioner of motor vehicles at the address shown.

(6) If you are charged with a second or subsequent violation of 23 V.S.A. § 1201, no person shall sell, transfer or encumber the title to a vehicle that may be subject to immobilization or forfeiture unless approved by the court in which the charge is filed for good cause shown.

(e) Effective date of suspension.

(1) First offense. Unless a hearing is requested, a suspension under this section of the license of a person who the officer has reasonable grounds to believe violated section 1201 of this title a first time becomes effective on the eleventh day after the personreceives notice or is deemed to have received notice under subsection (c) of this section. If a hearing is requested, a suspension shall not become effective unless the court orders a suspension after hearing as provided in this section.

(2) Second or subsequent offense. A suspension under this section of the license of a person who has previously been convicted of a violation of section 1201 of this title and who the officer has reasonable grounds to believe has violated section 1201 of this title shall become effective on the eleventh day after the person receives notice or is deemed to have received notice under subsection (c) of this section.

(f) Review by district court. Within seven days following receipt of a notice of intention to suspend and of suspension, a person may make a request for a hearing before the district court by mailing or delivering the form provided with the notice. The request shall be mailed or delivered to the commissioner of motor vehicles who shall then notify the district court that a hearing has been requested and who shall then provide the state's attorney with a copy of the notice of intention to suspend and of suspension and the officer's affidavit. *[The court shall notify the state's attorney and the person requesting the hearing of the time, date and place for the hearing. Unless continued for good cause shown, the hearing shall be held not later than 30 days from the date the request for hearing is received by the commissioner.]*

(g) Preliminary hearing. The preliminary hearing shall be held within 21 days of the alleged offense. Unless impracticable or continued for good cause shown, the date of the preliminary hearing shall be the same as the date of the first appearance in any criminal case resulting from the same incident for which the person received a citation to appear in court. The preliminary hearing shall be held in accordance with procedures prescribed by the supreme court.

(h) *[Issues at hearing]* Final hearing. If the defendant requests a hearing on the merits, the court shall schedule a final hearing on the merits to be held within 21 days of the date of the preliminary hearing. In no event may a final hearing occur more than 42 days after the date of the alleged offense without the consent of the defendant or for good cause shown. The final hearing may only be continued by the consent of the defendant or forgood cause shown. The issues at the final hearing shall be limited to the following:

(1) whether the law enforcement officer had reasonable grounds to believe the person was operating, attempting to operate or in actual physical control of a vehicle in violation of section 1201 of this title;

(2) whether at the time of the request for the evidentiary test the officer informed the person of the person's rights and the consequences of taking and refusing the test substantially as set out in subsection 1202(d) of this title;

(3) whether the person refused to permit the test;

(4) whether the test was taken and the test results indicated that the person's alcohol concentration was 0.08 or more at the time of operating, attempting to operate or being in actual physical control of a vehicle in violation of section 1201 of this title, whether the testing methods used were valid and reliable and whether the test results were accurate and accurately evaluated. Evidence that the test was taken and evaluated in compliance with rules adopted by the department of health shall be prima facie evidence that the testing methods used were valid and reliable and that the test results are accurate and were accurately evaluated;

(5) whether the requirements of section 1202 of this title were complied with.

(s) A person who has received a notice of suspension under this section shall not apply for or receive a duplicate operator's license while the matter is pending. A person who violates this subsection shall be fined not more than $500.00.

Sec. 17. 23 V.S.A. § 1209a is amended to read:

§ 1209a. CONDITIONS OF REINSTATEMENT; ALCOHOL AND DRIVING

EDUCATION; SCREENING; THERAPY PROGRAMS

(a) Conditions of reinstatement. No license suspended or revoked under this subchapter, except a license suspended under section 1216 of this title, shall be reinstated except as follows:

(1) In the case of a first suspension, a license shall not be reinstated until the person has:

(A) successfully completed an alcohol and driving education program, at the person's own expense, followed by an assessment of the need for further treatment by a state designated counselor, at the person's own expense, to determine whether reinstatement should be further conditioned on satisfactory completion of a therapy program agreed to by the person and the drinking driver rehabilitation program director; and

(B) if the screening indicates that therapy is needed, satisfactorily completed or shown substantial progress in completing a therapy program at the person's own expense agreed to by the person and the driver rehabilitation program director.

(2) In the case of a second *[or subsequent]* suspension, a license shall not be reinstated until the person has successfully completed an alcohol and driving rehabilitation program and has completed or shown substantial progress in completing a therapy program at the person's own expense agreed to by the person and the driver rehabilitation program director.

(3) In the case of a third or subsequent suspension, a license shall not be reinstated until the person has completed or shown substantial progress in completing a therapy program at the person's own expense agreed to by the person and the driver rehabilitation program director.

* * *

(c) Screening and therapy programs. In the case of a second or subsequent suspension, the court shall order the person to enroll in the alcohol and driving education screening and therapy program provided for in this section within 30 days of license suspension. If the person fails to enroll or fails to remain so enrolled until completion, the drinking driver rehabilitation program shall report such failure to the sentencing court.

The court may order the person to appear and show cause why he or she failed to comply.

(d) Judicial review. A person aggrieved by a decision of a designated counselor under this section may seek review of that decision pursuant to Rule 75 of the Vermont Rules of Civil Procedure.

Sec. 18. 23 V.S.A. § 1213a is added to read:

§ 1213a. IMMOBILIZATION OF VEHICLE

(a) Immobilization. At the time of sentencing after a second or subsequent conviction under section 1201 of this title, the court may, upon the motion of the state, and in addition to any penalty imposed by law, order the motor vehicle operated by the defendant at the time of the offense seized and immobilized by a law enforcement agency designated by the court, as provided in this section and section 1213c of this title.

(b) Immobilization on owner's property. A motor vehicle subject to an immobilization order shall be immobilized, whenever possible, on property owned by the owner of the vehicle or on a parking space legally available to the owner of the vehicle. Animmobilized vehicle is not exempt from enforcement of liens held by third parties.

(c) Immobilization on state or private property. If the owner of the motor vehicle does not own property or have a parking area on which the vehicle can be immobilized, the vehicle shall be impounded on property owned by the state or on private property. All costs of impoundment shall be paid by the defendant. The period of impoundment shall run as if the vehicle were immobilized.

(d) Expiration of immobilization order. An order of immobilization under this section shall expire in 18 months or when the defendant obtains a valid operator's license, whichever comes first.

(e) Release of vehicle. When an immobilization order expires, and when the costs provided for in this section have been paid in full by the defendant, the vehicle shall be released to its owner.

(f) Costs. All costs of towing and impoundment shall be paid by the defendant before the vehicle is released to its owner. If the defendant fails to pay the towing and impoundment costs within 30 days after the immobilization order expires, the state is authorized to sell the vehicle by public auction pursuant to the procedures in chapter 13 of Title 27. The proceeds from the sale of the vehicle shall be used first to offset the costs of towing, impounding and releasing the vehicle. Any balance remaining, after any liens on the vehicle have been paid in full, shall be paid to the owner of the vehicle.

(g) Disbursement of proceeds. Proceeds from the defendant's payment of the release fee and towing and impoundment costs shall be disbursed to the law enforcement agencies that incurred the costs.

(h) Tampering. A person who tampers with an immobilization device or mobilizes a vehicle that is subject to an order of immobilization shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

Sec. 19. 23 V.S.A. § 1213b is added to read:

§ 1213b. FORFEITURE OF VEHICLE

At the time of sentencing after a third or subsequent conviction under section 1201 of this title, the court may, upon motion of the state and in addition to any penalty imposedby law and after notice and hearing, order the motor vehicle operated by the defendant at the time of the offense forfeited and sold as provided in section 1213c of this title.

Sec. 20. 23 V.S.A. § 1213c is added to read:

§ 1213c. IMMOBILIZATION AND FORFEITURE PROCEEDINGS

(a) Notice. The state shall provide the following persons with notice of an immobilization or forfeiture hearing:

(1) the defendant;

(2) the registered owner or owners;

(3) any holder of a security interest in or lien on the vehicle; and

(4) any other person appearing to be an innocent owner or operator as described in subsection (f) of this section.

(b) Content of notice. The notice shall contain the following:

(1) a description of the motor vehicle, including vehicle identification number, make, model and year;

(2) the name of the registered owner or owners, lienholder, and any other person appearing to be an innocent owner or operator as described in subsection (g) of this section;

(3) the date, time and place of the hearing; and

(4) a statement that any person who is an owner, an innocent owner or operator, or who holds a security interest in, or claims any interest in the motor vehicle, may appear and be heard at the hearing to protect the person's interest in the motor vehicle.

(c) Service of notice. The notice of hearing shall be served as provided for in the District Court Civil Rules on the registered owner or owners and any lienholders as shown on the certificate of title for the vehicle as shown in the records of the department of motor vehicles in the state in which the vehicle is registered or titled.

(d) Hearing. The court shall hold a hearing to determine whether or not to order the motor vehicle immobilized or forfeited. The proceeding shall be against the motor vehicle and shall be deemed civil in nature.

(e) Hardship consideration. In determining the motion the court may consider anyundue hardship which immobilization or forfeiture would cause to a person, other than the defendant, who is dependent on the motor vehicle for essential transportation needs. In making such determination, the court shall consider any evidence of past or current domestic violence.

(f) Order. The court shall make findings of fact and conclusions of law and shall issue a final order. The court may order the motor vehicle immobilized or forfeited if the court finds that:

(1) the motor vehicle is subject to immobilization or forfeiture;

(2) the notice as required by this section was served; and

(3) no party has shown that he or she is an innocent owner or operator as described in subsection (g) of this section.

(g) Rights of innocent owner or operator. The court shall not order the immobilization or forfeiture of a motor vehicle if an owner, co-owner or person who regularly operates the motor vehicle, other than the defendant, shows by a preponderance of the evidence that the owner, co-owner or regular operator did not consent to or have any express or implied knowledge that the motor vehicle was being or was intended to be operated in a manner that would subject the motor vehicle to immobilization or forfeiture, or that the owner, co-owner or regular operator had no reasonable opportunity or capacity to prevent the defendant from operating the motor vehicle.

(h) Rented or leased vehicles. A vehicle that is rented or leased for a period of less than one year shall not be subject to immobilization or forfeiture unless it is established in the proceedings that the owner of the rented or leased vehicle knew of or consented to the operation of the motor vehicle in a manner that would subject the vehicle to immobilization or forfeiture.

(i) Lienholder. If the court finds that a person has an enforceable lien on or other interest in the motor vehicle which is not held through a straw purchase, trust or otherwise for the actual benefit of another and that the person did not know of or consent to the operation of the motor vehicle in a manner that would subject the vehicle to immobilization or forfeiture, the court shall:

(1) permit the person to enforce the lien or other interest as provided by law if such enforcement does not result in the return of the motor vehicle to the defendant; or

(2) upon immobilization or forfeiture order compensation to the person, to the extent of the person's interest, from the proceeds of the resulting sale.

(j) Order of forfeiture. If the court orders the motor vehicle forfeited it shall be delivered to the state treasurer, who shall sell the motor vehicle at a public sale held under chapter 13 of Title 27. The proceeds from the sale of the vehicle shall be used to offset any costs of selling the vehicle. Any balance remaining, after any liens on the vehicle have been paid in full, shall be deposited into the general fund.

(k) Appeal. A decision of the court under this section may be appealed as a matter of right to the supreme court.

(l) Disbursement of proceeds. Proceeds from the defendant's payment of the release fee and towing and impoundment costs shall be disbursed to the law enforcement agencies that incurred the costs.

(m) Owning, leasing and renting prohibited. After issuance of an immobilization or forfeiture order, and during the defendant's license suspension or revocation period, the defendant shall not operate, purchase, lease or rent a motor vehicle. A person who violates this subsection shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(n) Selling or encumbering prohibited. After a person is charged with a second or subsequent violation of section 1201 of this title, no person shall sell, transfer or encumber the title to a vehicle that the person knows may be subject to immobilization under section 1213a of this title or forfeiture under section 1213b of this title, unless approved by the court in which the charge is filed for good cause shown. A person who violates this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

* * * SURCHARGES * * *

Sec. 21. 23 V.S.A. § 206 is added to read:

§ 206. SURCHARGE

A person convicted of violating a provision of this chapter shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this section to be credited to the DUI enforcement fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

Sec. 22. 23 V.S.A. § 674(g) is added to read:

(g) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

Sec. 23. 23 V.S.A. § 1091(d) is added to read:

(d) A person convicted of violating subsection (b) of this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

Sec. 24. 23 V.S.A. § 1094 is amended to read:

§ 1094. OPERATION WITHOUT CONSENT OF OWNER

(a) A person who, without the consent of the owner, takes, uses, operates or removes, or causes to be taken, used, operated or removed from a garage, stable or other building or place or from any place or locality on a private or public highway, park, parkway, street, lot, field, inclosure or space, a motor vehicle, and operates or drives or causes the same to be operated or driven for his or her own profit, pleasure, use or purpose, shall be imprisoned not more than two years or fined not more than $1,000.00, or both. Thissection shall not be construed to limit or restrict prosecutions for grand larceny.

(b) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

Sec. 25. 23 V.S.A. § 1128(d) is added to read:

(d) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

Sec. 26. 23 V.S.A. § 1133 is amended to read:

§ 1133. ATTEMPTING TO ELUDE A POLICE OFFICER

(a) An operator of a motor vehicle who fails to bring his or her vehicle to a stop when signaled to do so by an enforcement officer wearing insignia identifying him or her as such, or operating a law enforcement vehicle sounding a siren and displaying a flashing blue or blue and white signal lamp, shall be imprisoned for not more than six months or fined not more than $500.00, or both.

(b) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

Sec. 27. 23 V.S.A. § 1210(j) is added to read:

(j) A person convicted of violating section 1201 of this title shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund. The collection procedures described in 13 V.S.A.§ 5240 shall be utilized in the collection of this surcharge.

Sec. 28. SPECIAL DUI-DRUG OFFENSES DOCKET

(a) The general assembly finds that the incidence of DUI and drug-related offenses is an extensive and unacceptable public health and safety problem in this state. It may therefore be advisable to establish a special docket within the district court to promote the screening, evaluation, education, and treatment of persons who are addicted to alcohol and other drugs. The special docket may incorporate concepts of the so-called drug court, described in the Department of Justice Drug Court Program entitled: "Drug Court Standards," with treatment programs that presently exist in this state as well as newly implemented programs.

(b) Prior to the creation of a special DUI-drug offenses docket, the supreme court shall adopt rules to implement the intent of this section.

Sec. 29. REPORTS

(a) On January 15, 1999, the court administrator, the director of the office of alcohol and drug abuse programs, the commissioner of corrections, the director of the department of state's attorneys and sheriffs, the defender general and the attorney general shall report on the advisability and feasibility of creating a special DUI-drug offenses docket within the district court. The report shall include:

(1) An evaluation of the effectiveness such courts in other states have had in dealing with persons convicted of drug or DUI offenses.

(2) An evaluation of the impact the special DUI-drug offenses docket will have on each component of the criminal justice system, including the need for additional funding and capacity for each component.

(3) How costs can be controlled if the judge assigned to the special DUI-drug offenses docket has unlimited authority to order that services be provided by state agencies to a difficult-to-determine number of offenders who require a wide variety of expensive treatment and custody programs.

(b) On January 15, 1999, the department of corrections shall report to the general assembly on how it can make available adequate staff, space and facilities to implement aspecial DUI-drug offenses docket on January 1, 2000.

(c) On January 15, 1999, the office of alcohol and drug abuse programs shall report to the general assembly on how it can make available adequate treatment programs and related services to implement the special DUI-drug offenses docket on January 1, 2000.

Sec. 30. Rule 3(a) and (c)(2) of the Vermont Rules of Criminal Procedure are revised to read:

RULE 3. ARREST WITHOUT WARRANT; CITATION TO APPEAR

(a) Arrest without Warrant. A law enforcement officer may arrest without warrant a person whom the officer has probable cause to believe has committed a crime in the presence of the officer. Such an arrest shall be made while the crime is being committed or without unreasonable delay thereafter. An officer may also arrest a person without warrant in the following situations:

(1) when the officer has probable cause to believe a person has committed or is committing a felony;

(2) when the officer has probable cause to believe:

(A) that a person has violated an abuse prevention order issued by a court in this state pursuant to Chapter 21 of Title 15;

(B) that a person has violated a foreign abuse prevention order issued by a court in any other state, federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico or the District of Columbia; or

(C) that a person has committed a misdemeanor which involves an assault against a family or household member, as defined in Chapter 21 of Title 15, or a child of such person;

(3) when the officer has probable cause to believe that a person has committed a misdemeanor and the person has refused to identify himself or herself when requested by the officer. An arrest under this subdivision shall be made without unreasonable delay after the alleged offense was committed, and not thereafter. In the case of an arrest under this subdivision, the person may be detained only until he or she is identified;

(4) when the officer has probable cause to believe that a person has committed amisdemeanor and, if not immediately arrested, will cause personal injury or damage to property. An arrest under this subdivision shall be made without unreasonable delay after the alleged offense was committed, and not thereafter;

(5) when the officer has probable cause to believe a person has committed or is committing a violation of 23 V.S.A. § 1128 or 23 V.S.A. § 1201*[. An arrest under this subdivision shall be made within two hours of the time the alleged offense was committed, and not thereafter. In the case of an arrest under this subdivision for an alleged violation of 23 V.S.A. § 1201, the person may be detained only for the limited purpose of obtaining a sample of breath or blood]*;

(6) when the officer has probable cause to believe: (i) that a person who is the subject of a judicial order commanding him or her to appear at a specified time and place or be subject to arrest has, without just cause, failed to appear as ordered; or (ii) that a person has violated a condition of release relating to a restriction on travel or a condition that he or she not directly contact, harass or cause to be harassed a victim or potential witness.

Probable cause shall be based on the same evidence required for issuance of a summons or warrant under Rule 4(b). If arrest is not authorized under this rule, an officer may issue the person a citation to appear before a judicial officer.

* * *

(2) Exceptions. The citation required in paragraph (1) of this subdivision need not be issued, and the person may be arrested or continued in custody, if

(A) A person subject to lawful arrest fails to identify himself satisfactorily; or

(B) Arrest is necessary to obtain nontestimonial evidence upon the person or within the reach of the arrested person; or

(C) Arrest is necessary to prevent bodily injury to the person arrested or to the person of another, harm to property, or continuation of the criminal conduct for which the arrest is made; or

(D) The person has no ties to the community reasonably sufficient to assure hisappearance or there is a substantial likelihood that he will refuse to respond to a citation; or

(E) The person has previously failed to appear in response to a citation, summons, warrant or other order of court issued in connection with the same or another offense; or

(F) A situation described in subdivision (a)(2) is present; or

(G) The officer has probable cause to believe the person has a prior conviction of 23 V.S.A. § 1201 and has committed a second violation of 23 V.S.A. § 1201.

Sec. 31. REPORT BY COMMISSIONER OF CORRECTIONS

On or before November 1, 1998, the commissioner of corrections shall submit to the general assembly a plan to make available adequate and appropriate space in existing, refurbished or new correctional or other facilities in this state for sentencing judges to incarcerate persons convicted of multiple DUI offenses.

Sec. 32. REPORT

On July 15, 1999, and every year thereafter, the court administrator shall report to the House and Senate Committees on Judiciary on the implementation of the amendments to 23 V.S.A. § 1205, relating to the time limits for conducting suspension hearings. The report shall include the following:

(1) Any problems that the courts, the department of health, law enforcement agencies, and the attorneys for the state and defendant encountered in implementing such amendments.

(2) The total number of notices of intention to suspend and of suspension, the number of suspensions and the length of the suspensions.

(3) The total number and type of suspension hearings conducted by the courts under 23 V.S.A. § 1205, including the number of days between the offense, the preliminary hearing, and the final hearing.

(4) The number of cases in which a continuance was granted by the court.

(5) Copies of any significant trial court or supreme court decisions, orders, or rulesinvolving the amendments.

(6) Any recommended changes to the law.

Sec. 33. 23 V.S.A. § 800 is amended to read:

§ 800. MAINTENANCE OF FINANCIAL RESPONSIBILITY

(a) No owner or operator of a motor vehicle required to be licensed shall operate or permit the operation of the vehicle upon the highways of the state without having in effect an automobile liability policy or bond in the amounts of at least *[$20,000.00]* $25,000.00 for one person and *[$40,000.00]* $50,000.00 for two or more persons killed or injured and $10,000.00 for damages to property in any one accident. In lieu thereof, evidence of self-insurance in the amount of *[$100,000.00]* $115,000.00 must be filed with the commissioner of motor vehicles. Such financial responsibility shall be maintained and evidenced in a form prescribed by the commissioner. The commissioner may require that evidence of financial responsibility be produced before motor vehicle inspections are performed pursuant to the requirements of 23 V.S.A. § 1222.

(b) A person who violates this section shall be *[fined]* assessed a civil penalty of not more than $100.00, and such violation shall be a traffic *[offense]* violation within the meaning of chapter *[23]* 24 of this title.

Sec. 34. 23 V.S.A. § 801(a) and (c) are amended to read:

(a) The commissioner shall require proof of financial responsibility to satisfy any claim for damages, by reason of personal injury to or the death of any person, of at least *[$20,000.00]* $25,000.00 for one person and *[$40,000.00]* $50,000.00 for two or more persons killed or injured and $10,000.00 for damages to property in any one accident, as follows:

* * *

(G) The provisions of subdivisions (a)(1)(A) and (C) through (a)(1)(E) of this section shall not apply to an operator furnishing the commissioner with satisfactory proof that a standard provisions automobile liability insurance policy, issued by an insurance company authorized to transact business in this state insuring the operator against publicliability and property damage, in the amounts required under this section with respect to proof of financial responsibility, was in effect at the time of the violation. Nor shall these provisions apply if the operator was a nonresident, holding a valid license issued by the state of his or her residence, at the time of the violation, and satisfactory proof, in the form of a certificate issued by an insurance company authorized to transact business in the state of his or her residence, and accompanied by a power of attorney authorizing the commissioner to accept service on its behalf, of notice or process in any action arising out of the violation, certifying that insurance covering the legal liability of the operator to satisfy any claim or claims for damage to person or property, in an amount equal to the amounts required under this section with respect to proof of financial responsibility was in effect at the time of the violation.

* * *

(c) In lieu of the insurance policy or surety bond required under this section, a person may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner, who may, in his discretion, upon the application of such person, issue said certificate of self-insurance, when he is satisfied that such person is possessed of a net unencumbered capital of at least *[$100,000.00]* $115,000.00. The commissioner may require annual reports from any self-insurer, which reports must show at least *[$100,000.00]* $115,000.00 unencumbered net worth. Whenever the commissioner finds that any self-insurer does not possess *[$100,000.00]* $115,000.00 of unencumbered net worth, he shall revoke the certificate of self-insurance. Failure to pay any judgment, within statutory limits, after such judgment shall have become final, shall constitute reasonable grounds for the cancellation of a certificate of self-insurance. A certificate of self-insurance obtained by a self-insurer shall insure every person operating a motor vehicle, owned by said self-insurer, with his express or implied permission, against loss within statutory limits from the liability imposed by law upon such person arising out of the operation of said motor vehicle and shall be for the benefit of any person suffering personal injuries or property damage arising out of the use of such motor vehicle withsuch express or implied permission.

Sec. 35. 23 V.S.A. § 941(g) is added to read:

(g) Within 30 days of receipt of a written request by a person legally entitled to recover damages from owners or operators of motor vehicles for bodily injury, sickness or disease, including death, or for property damages resulting from the ownership, maintenance or use of a motor vehicle, an insurer that may be liable to satisfy part or all of the claim under a policy subject to this chapter shall provide a statement, by a duly authorized agent of the insurer, setting forth the names of the insurer and insured, and the limits of liability coverage.

Sec. 36. 23 V.S.A. § 804(a) is amended to read:

(a) *[Such proof]* Proof of financial responsibility shall be furnished *[as shall be]* by an insurance company authorized to do business in this state, in a form satisfactory to the commissioner and *[may]* shall be evidence of the insuring of such person against *[public liability]* claims and judgments for personal injury and property damage *[in an insurance company authorized to do business in this state,]* in the amounts specified in section 801 of this title, provided the policy of insurance shall be noncancellable except after 15 days' notice to the commissioner; or such proof may be the bond of a surety company, authorized to transact business in this state, which bond shall be conditioned for the payment of such amounts. An insurance company or surety company issuing such policy or bond shall immediately furnish, for filing with the commissioner, a satisfactory certificate certifying that such policy or bond has been issued. Instead of the certificate, proof may be furnished by any computer-generated means approved by the commissioner. Once proof furnished in this manner is accepted by the commissioner, the insurance company or surety company shall be bound in the same manner as if a certificate had been furnished for filing.

Sec. 37. 23 V.S.A. § 941(c) and (e) are amended to read:

(c) *[Unless the policyholder otherwise directs, the]* The coverages under subsections (a) and (b) of this section for new or renewed policies shall be *[identical to those provided inthe policy selected by the person obtaining said policy but shall be]* not less than *[the minimum limits of coverage required under the provisions of section 801 of this title.]* $50,000.00 for one person and $100,000.00 for two or more persons killed or injured. If the limits of liability coverage in the policy are greater than $50,000.00 for one person and $100,000.00 for two or more persons injured or killed, the limits of uninsured motorist insurance shall be the same, unless the policyholder otherwise directs.

(e) If payment is made under uninsured motorist coverage, and subject to the terms of that coverage, to the extent of that payment, the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the damage or personal injury, as to which the payment was made, and to amounts recoverable from the assets of *[the]* an insolvent insurer of *[the other motor vehicle]* such person. However, if the injured party settles or recovers against any person, any reimbursement due to an insurer under this section shall be reduced by deducting a fair portion of all reasonable expenses of recovery incurred in effecting the settlement or recovery. The expenses of recovery shall be apportioned between the parties as their interests appear at the time of the settlement or recovery.

Sec. 38. DUI CIVIL LIABILITY STUDY

(a) A joint legislative committee to study the civil liability of unlicensed enablers is created. It shall consist of three members of the House appointed by the Speaker of the House and three members of the Senate appointed by the Committee on Committees.

(b) The committee shall study the civil liability of persons who are unlicensed and who enable motor vehicle operators to violate the DUI laws and cause injury and death to others. Examples of such persons are business or social hosts of keg parties and operators of bottle clubs.

(c) The committee may request and shall receive the assistance from any public or private agency in order to carry out its responsibilities under this section.

(d) The members of the committee shall be entitled to reimbursement of expenses and compensation for services as provided in 2 V.S.A. § 406 for six meetings and shall havethe assistance of the staff of the legislative council.

(e) The committee's report shall consist of draft legislation that it deems appropriate. The committee's draft legislation shall be filed with the General Assembly by January 15, 1999.

Sec. 39. LEGISLATIVE FINDINGS

The general assembly finds that:

(1) The number of licensed drivers and registered vehicles in the state has increased significantly over the past decade.

(2) Reducing DUI requires vigorous enforcement. A comprehensive and effective DUI prevention program must include increased law enforcement activity directed at DUI enforcement and apprehension of DUI offenders.

(3) Despite the increase in the number of licensed drivers and registered vehicles, the number of state troopers has remained fairly constant. The number of DUI apprehensions by the Vermont state police has declined from 2,655 in 1985 to 1,283 in 1996, a 52 percent decline.

Sec. 40. VERMONT STATE POLICE DUI ENFORCEMENT

It is the intent of the legislature that the Vermont state police shall enhance its enforcement of Vermont's drinking and driving laws through the use of enhanced patrols and sustained, organized special deployments of state police. The Vermont state police through the troop commanders shall also work in a proactive and coordinated manner with municipal and county law enforcement to increase apprehension of motorists suspected of violating DUI laws, to reduce the incidence of DUI and the number and severity of alcohol-related motor vehicle accidents, injuries and death. To this end, the legislature provides additional resources as set forth in this act.

Sec. 41. 23 V.S.A. § 1220a is added to read:

§ 1220a. DUI ENFORCEMENT SPECIAL FUND

(a) There is created a DUI enforcement special fund which shall be a special fund established and managed pursuant to 32 V.S.A. chapter 7 subchapter 5. The DUI enforcement special fund shall be a continuation of and successor to the DUI enforcementspecial fund established under section 1205(r) of this title.

(b) The DUI enforcement special fund shall consist of:

(1) receipts from the surcharges assessed under sections 206, 674(g), 1091(d), 1094(b), 1128(d), 1133(b), 1205(r) and 1210(j) of this title;

(2) beginning in fiscal year 2000 and thereafter, the first $150,000.00 of revenues collected from fines imposed under subchapter 13 of chapter 13 of this title pertaining to DUI related offenses;

(3) beginning in fiscal year 2000 and thereafter, one and three-quarters percent of the revenues raised by the motor fuel tax on gasoline imposed by chapter 28 of this title; and

(4) any additional funds transferred or appropriated by the general assembly.

(c) The DUI enforcement special fund shall be used for the implementation and enforcement of this subchapter for purposes specified and in amounts appropriated by the general assembly.

Sec. 42. APPROPRIATIONS; FY 1999; DUI ENFORCEMENT SPECIAL FUND

(a) In fiscal year 1999, there is appropriated to the DUI Enforcement Special Fund created by section 1220a of Title 23:

(1) The amount of $231,000.00 from the general fund:

(2) The amount of $15,000.00 from the transportation fund; and

(3) The amount of $125,000.00 of federal funds.

(b) In fiscal year 1999, there is appropriated from the DUI Enforcement Special Fund:

(1) The amount of $434,296.00 to the Department of Public Safety for salaries, expenses, benefits and equipment of additional permanent trooper positions authorized by this act. If less than the $434,296.00 is expended for the purposes of this subsection in fiscal year 1999, the remaining amount is appropriated and shall be expended as additional funding for direct grants to local law enforcement agencies pursuant to the Statewide Multi-Agency DUI Enforcement program. It is further the intent of the general assembly to provide that such amounts as may be appropriated for salaries, expenses, benefits and equipment of additional permanent trooper positions in fiscal year 2000, and not used for such purposes in that fiscalyear, shall in a similar manner be appropriated and expended as additional direct grants for local law enforcement agencies.

(2) The amount of $17,600.00 to the Vermont Criminal Justice Training Council for training the additional permanent troopers authorized by this act.

(3) The amount of $30,000.00 to the Department of Public Safety for the purposes of contracting with the Vermont Center for Justice Research.

(4) The amount of $125,000.00, together with the amount of $125,000.00 federal SHARP funds which is also hereby appropriated, is appropriated to the Governor's Highway Safety Program in fiscal year 1999 to be distributed to local and county law enforcement entities, according to criteria developed by the office, for DUI enforcement activities. These funds shall not be used to supplant existing local and county law enforcement funds. These funds shall be used to provide direct grant funds to local law enforcement agencies pursuant to the Statewide Multi-Agency DUI Enforcement program established by Sec. 45 of this act.

(5) The amount of $15,000.00 to the Commissioner of Motor Vehicles for the purposes of preparing and providing lists of suspensions as required under 23 V.S.A. § 109.

(c) Funding for video cameras and equipment. The Department of Public Safety is appropriated $250,000.00 in federal funds in fiscal year 1999 to purchase and deploy mobile cruiser-mounted police package video cameras and stationary video cameras primarily to assist in the enforcement of Vermont's DUI laws. The department shall purchase sufficient mobile cruiser-mounted police package video cameras to equip each of the troopers assigned to the special DUI enforcement program established by this act and 12 stationary cameras, which will be allocated to the 12 state police stations. All remaining funds shall be used to purchase mobile cruiser-mounted police package video cameras which shall be distributed in a fair and equitable manner to law enforcement agencies throughout the state based on the demonstrated record of DUI enforcement capabilities of the law enforcement agencies.

Sec. 43. PUBLIC SAFETY TROOPER STRENGTH; POSITIONS AUTHORIZED

(a) In FY 1999, and thereafter, the department of public safety shall, subject to necessary legislative appropriation, maintain a trooper force of 288 authorized positions, in addition tothe DUI enforcement program, and shall fill any vacancies that occur in a timely manner to avoid any long-term vacancies.

(b) There are created in the department of public safety 16 additional permanent trooper positions to assist in fulfilling the intent of the legislature in enacting this act. The following positions are authorized to be created in the Department of Public Safety:

(1) Eight (8) permanent trooper second class positions in fiscal year 1999 to be filled on or after August 1, 1998; and

(2) An additional eight (8) permanent trooper second class positions in fiscal year 1999 or fiscal year 2000 to be filled on or after June 15, 1999.

(c) The additional permanent trooper positions created in the Department of Public Safety shall assist in fulfilling the intent of the General Assembly in enacting this act. In fiscal years 2001 and thereafter, the department shall maintain a trooper force of no less than 304 authorized positions.

Sec. 44. DUI ENFORCEMENT BY THE VERMONT STATE POLICE

(a) The DUI enforcement program established in this act shall be in addition to, not a substitute for, the regular DUI enforcement responsibilities of the Vermont state police. The existence and operation of that DUI enforcement program shall not reduce the ongoing DUI enforcement efforts by the Vermont state police.

(b) The vehicles used by the additional permanent trooper positions created by this act shall be equipped with mobile video cameras and may be distinctively marked to indicate that the trooper is engaged in the enforcement of DUI.

(c) The enhanced Vermont state police patrols, deployment, coordination and proactive work will be carried out by all four troops.

Sec. 45. STATEWIDE MULTI-AGENCY DUI ENFORCEMENT PROGRAM

(a) The coordinator of alcohol traffic safety programs, through the Governor's Highway Safety Program shall oversee a coordinated, statewide, multi-agency law enforcement program for the purpose of enforcing DUI laws. The program shall include appropriate state, county and municipal law enforcement personnel.

(b) Municipal and county law enforcement agencies are encouraged to apply through the coordinator of alcohol traffic safety programs for additional funds provided by this act to combat the incidence of DUI through creative initiatives and to coordinate with each other and with the Vermont state police troop commander to achieve maximum impact and most efficient use of resources.

Sec. 46. EFFECTIVE DATE

Except as set forth in this section, Secs. 33-37 (financial responsibility) shall take effect on January 1, 1999. This section, Sec. 12 (driveways) and 23 V.S.A. § 801(a)(1)(G) in Sec. 34 shall take effect upon passage. The remaining sections of this act shall take effect on July 1, 1998.

Approved: April 29, 1998