TUESDAY, FEBRUARY 3, 1998
At ten o’clock in the forenoon the Speaker called the House to order.
Devotional exercises were conducted by Reverend David Hall of Christ Episcopal Church in Montpelier.
Pledge of Allegiance
Page Tom Chiccarelli of Castleton, led the House in the Pledge of Allegiance.
Bill Committed
H. 479
On motion of Rep. Pugh of South Burlington , the rules were suspended and House bill, entitled
An act relating to recovery of tobacco-related Medicaid expenditures;
Appearing on the Calendar for notice, was taken up for immediate consideration.
Pending second reading of the report of the Committee on Health and Welfare, on motion of Rep. Pugh of Burlington, the bill was committed to the Committee on Judiciary.
Joint Resolution Adopted
J.R.H. 112
Joint resolution congratulating the Whitcomb Hornets 1997 Division IV Boys’ Soccer Team;
Was taken up and adopted on the part of the House.
Consideration Interrupted by Recess
S. 185
Rep. Little of Shelburne, for the Committee on Judiciary, to which had been referred House bill, entitled
An act relating to DWI;
Reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:
* * * Findings * * *
Sec. 1. LEGISLATIVE FINDINGS
The General Assembly finds that:
(1) Driving under the influence of alcohol (DUI) is a significant public safety and public health problem in Vermont. The magnitude of the problem is evidenced by a report by the Vermont Department of Health 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 any other criminal offense.
(3) In 1996 there were 1,815 convictions for DUI first offense, 316 convictions for DUI second offense and 224 convictions for DUI third and subsequent offenses.
(4) There is a low probability that persons convicted of DUI will be sentenced to incarceration. The public is generally aware of this fact.
(5) 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.
(6) DUI offenders tend to be concentrated in the 20-40 age group (72 percent) and about five percent are under age 19.
(7) The number of licensed drivers and registered vehicles in the state has increased significantly over the past decade; however, 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 decrease. Reduced traffic enforcement is directly related to a reduction in the number of DUI arrests.
(8) While fatalities resulting from DUI drivers have been reduced during the past decade, DUI continues to play a major role in traffic fatalities. On average over 30 people die each year on Vermont highways in alcohol-related crashes; hundreds more are injured. In 1996 in Vermont, 40 persons were killed in 31alcohol-related crashes. One driver involved in one of those crashes had a previous DUI record within the prior three years. Crash-involved drivers and persons charged with crimes relating to such crashes are overwhelmingly males between 20 and 34 years old.
(9) 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 of available penalties, and limited effective therapeutic interventions.
(10) There is no conclusive 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 needs to be on increased detection of DUI and stricter enforcement of DUI laws.
(11) Vermont’s existing DUI laws are already some of the toughest in the country. Elements that contribute to the "toughness" include per se provisions, implied consent, substantial criminal penalties, including incarceration, criminalization of refusal to submit to a breath test, 0.08 percent BAC, zero tolerance (0.02 percent BAC) for youthful drivers, mandatory license suspension for extended periods, and rigorous requirements for relicensing. Despite these tough laws, many persons who are arrested and convicted of DUI continue to drink and drive. About one-quarter of the persons charged during the past five years were repeat offenders.
(12) The following deficiencies in the current DUI enforcement program have been identified:
(A) Despite the possibility of harsh penalties, many persons who are arrested and convicted of DUI continue to drink and drive.
(B) Most persons convicted of DUI are not sentenced to incarceration and there is insufficient space in the state correctional facilities for those DUI offenders who otherwise would be incarcerated.
(C) A disproportionate number of DUI offenders are young persons. (In 1994, 63.3 percent of DUI operators were under the age of 35.)
(D) There is an insufficiently statewide, coordinated governmental approach to the DUI problem as a public health, law enforcement and safety priority.
(E) There are insufficient criminal and civil consequences for persons (youths and adults) secondarily responsible for DUI.
(F) There is no coordinated and comprehensive DUI information system. No single agency or department is responsible for collecting and synthesizing DUI statistics for a comprehensive model of the system and existing practice.
(13) 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.
(14) The state needs a comprehensive plan for preventing persons who are impaired by alcohol from driving on the state’s highways.
(15) Reducing DUI requires vigorous enforcement, swift imposition of driver suspension and a media campaign that credibly announces these efforts to the public.
(16) More arrests for DUI will enhance prevention as well as intervention efforts. Specific prevention efforts, including enhanced training for persons who provide and serve alcoholic beverages, augmented programs for designated drivers, and media efforts to publicize increased enforcement are proven lifesavers.
(17) The following components should be part of a comprehensive and effective DUI prevention and enforcement program:
(A) increased law enforcement activity directed at DUI enforcement and apprehension of DUI offenders;
(B) consistent with due process of law, expedited, streamlined, and simplified detection, apprehension, enforcement, and court procedures;
(C) establishment of a specialized court docket to deal with DUI;
(D) revised and enhanced criminal and civil consequences for persons who enable and who are secondarily responsible for DUI;
(E) development of educational, intervention and treatment programs to target repeat offenders;
(F) establishment of reliable and effective criminal sanctions designed for repeat offenders, including immediate forfeiture of operator licenses, immobilization and forfeiture of vehicles, and imprisonment where necessary;
(G) improved and expanded educational and prevention efforts;
(H) establishment of a single point of responsibility within state government for a comprehensive approach to DUI prevention and enforcement;
(I) mandatory alcohol problem assessment and assignment of appropriate treatment;
(J) additional resources (dollars and personnel) and a reallocation of current resources dedicated to DUI enforcement;
(K) creation of a statewide statistical DUI system that coordinates the collection and collation of DUI statistics from all agencies and departments that deal with DUI-related matters, together with a tracking system throughout those systems.
(18) A comprehensive effort will be effective only as long as the effort is sustained. A commitment for at least a five-year period is required.
* * * Special DUI Enforcement Program * * *
Sec. 2. SPECIAL DUI ENFORCEMENT PROGRAM
(a) The commissioner of public safety shall establish a special enforcement program dedicated to the enforcement of DUI laws. The special program shall conduct activities to prevent violation of state DUI laws and to apprehend motorists suspected of violating DUI laws. Troopers assigned to the program may respond to traffic incidents and other emergencies to insure public safety, and may participate in special skills teams. Participating troopers may not be utilized in general departmental activities that reduce their availability for DUI enforcement.
(b) The special DUI enforcement program shall be part of the field force division of the Vermont state police and shall be under the general supervision of the field force commander. Each of the four troop areas will participate as resources become available.
(c) The troop commanders shall report in writing the number of DUI apprehensions and other activities specifically accomplished by the program, including alcohol-related accidents and trends. The reports shall be public documents, shall be completed on a quarterly basis and forwarded to the commissioner of public safety who shall publish them in the department of public safety’s annual report.
(d) The field force commander shall begin to staff and operate the special DUI enforcement program immediately after the effective date of this section and it
shall be fully staffed and operational within 18 months of the effective date of this section.
(e) The special DUI enforcement program shall be in addition to, not a substitute for, the regular DUI enforcement responsibilities of the Vermont state police. The existence and operation of the special DUI enforcement program shall not reduce the ongoing DUI enforcement efforts by the Vermont state police.
Sec. 3. POSITIONS
The department of public safety is authorized to establish 20 additional permanent classified trooper positions for the purposes of creating a special DUI enforcement program.
Sec. 4. APPROPRIATION
The department of public safety is appropriated $802,215.00 from the transportation fund in fiscal year 1999 to support the positions authorized in this act.
* * * Single Point of Authority * * *
Sec. 5. DIRECTOR OF ALCOHOL TRAFFIC SAFETY PROGRAMS
(a) The commissioner of public safety shall redesignate the existing position of director of criminal justice services to be the director of criminal justice services and the director of alcohol traffic safety programs. The responsibilities and authority of the director of alcohol traffic safety programs as set forth in this section shall be in addition to the current responsibilities and authority of the director of criminal justice services.
(b) The director of alcohol traffic safety programs shall have the responsibility and authority to coordinate all state programs that deal with alcohol traffic safety activities, including prevention, education, enforcement, adjudication, and rehabilitation. The director shall have cross-department responsibility to advocate for adequate services and funding for such DUI-related activities. In addition, the DUI coordinator shall:
(1) prepare a comprehensive plan for a coordinated and sustained program to reduce DUI which includes participation by all interested persons and agencies engaged in alcohol traffic safety activities;
(2) cooperate with and assist local officials in the formulation and execution of alcohol traffic safety programs;
(3) work with and assist appropriate departments, including health, education, corrections, motor vehicles, public safety, liquor control, the treatmentcommunity and other relevant agencies, to:
(A) enhance alcohol abuse education programs for persons prior to obtaining operators’ licenses; and
(B) develop and operate an educational program to discourage persons under the age of 21 from purchasing and using alcohol products;
(4) study alcohol traffic safety issues, including academic and scientific studies and research, and recommend to the legislature and to state and local agencies, changes in laws and rules as the director of alcohol traffic safety programs deems advisable; and
(5) obtain and assemble data on alcohol-related accident arrests, convictions and accidents, and analyze, study, and consolidate such data for educational, research, informational and legislative purposes.
(c) The director 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, liquor control, the treatment community and other relevant agencies for extraction of relevant data;
(3) development of a system model;
(4) reports on various aspects of the DUI system, especially those of relevance to legislative initiatives;
(5) support to agencies and the public seeking information about the DUI system; and
(6) identification of information system improvements.
(d) The director of alcohol traffic safety programs shall develop, in consultation with governmental, educational, and private entities, a comprehensive public health media campaign to publicize the DUI enforcement efforts of this legislation. The campaign shall reasonably focus on those individuals most at risk for DUI and shall utilize methods and venues likely to be attractive to these high-risk individuals. In addition to paid media, the campaign should utilize public service announcements, coordinate with community groups to maximize news stories related to the initiative, and provide publicity to local organizations seeking to build on the statewide efforts.
(e) On January 15, 1999, and each year thereafter, the director 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 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) recommendations for legislative action and any improvements relating to the program;
(5) the number of video camera units purchased during the previous fiscal year, an evaluation of the effectiveness of the additional video cameras, including the resulting impact on DUI processing and adjudication;
(6) the status of the special DUI enforcement program, the number of troopers added to the program during the previous fiscal year, an evaluation of the effectiveness of the program, a list of accomplishments of the program, and recommendations for legislative changes and improvements relating to the program; and
(7) a description of the DUI publicity and advertising campaigns developed and implemented by or at the direction of the director.
Sec. 6. APPROPRIATION
The sum of $30,000.00 is appropriated from the transportation fund to the Department of Public Safety in fiscal year 1999 to fund the DUI monitoring system.
* * * Immobilization/Confiscation/Forfeiture * * *
Sec. 7. 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 animmobilization 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. An immobilized 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) 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. 8. 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 imposed by 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. 9. 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;
(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 other persons who may have an interest in the motor vehicle;
(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) 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.
(d) Hardship consideration. In determining the motion the court may consider any undue 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.
(e) 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 asdescribed in subsection (f) of this section.
(f) 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.
(g) Rented or leased vehicles. A rented or leased vehicle 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.
(h) 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 upon immobilization or forfeiture shall order compensation to the person to the extent of the person’s interest from the proceeds of the resulting sale.
(i) 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.
(j) Appeal. A decision of the court under this subsection may be appealed as a matter of right to the supreme court.
(k) 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.
(l) 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.
(m) 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.
* * Timing of Civil and Criminal License Suspension and License Forfeiture * *
Sec. 10. 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 testing equipment.
(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) If this is your first violation of section 1201 of this title and if you do not request a hearing, your license will be suspended as provided in this notice. If thisis your second or subsequent violation of section 1201 of this title, your license will be suspended on the 11th day after you receive this notice.
(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 section 1201 of this title, 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 person receives 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. The license of a person who the officer has reasonable grounds to believe violated section 1201 of this title a second or subsequent time 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 receivedby the commissioner.]*
(g) Preliminary hearing. The preliminary hearing shall be held within 21 days of the alleged offense. Unless impractical 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. The final hearing may only be continued by the consent of the defendant. 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 in compliance with rules adopted by the department of health 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.
*[(h)]*(i) Finding by the court. The court shall electronically forward a report of the hearing to the commissioner. Upon a finding by the court that the law enforcement 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 court shall forward the report of the hearing to the commissioner whoshall suspend]* or upon a finding by the court that the law enforcement 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 the person was operating, attempting to operate or in actual physical control, 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]* shall be suspended or shall remain suspended for the required term and until the person complies with section 1209a of this title. *[Upon a finding by the court that the law enforcement 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 the person was operating, attempting to operate or in actual physical control, the court shall forward the report of the hearing to the commissioner who shall 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.]* Upon a finding in favor of the person, the commissioner shall cause the suspension to be canceled and removed from the record without payment of any fee.
*[(i)]*(j) Venue and conduct of hearings. Venue for proceedings under this section shall be in the territorial unit of the district court where the offense is alleged to have occurred. Hearings under this section shall be summary proceedings conducted by the district court without a jury and shall be subject to the *[Vermont Rules of Civil Procedure]* District Court Civil Rules only as consistent with this section. The state has the burden of proof by a preponderance of the evidence. Affidavits of law enforcement officers and chemists shall be admissible evidence which may be rebutted by witnesses called by either party. The affidavits shall be delivered to the other party at least five days prior to the hearing.
*[(j)]*(k) Appeal. A decision of the district court under this section may be appealed as a matter of right to the supreme court. The suspension shall not be stayed pending appeal unless the defendant is reasonably likely to prevail on appeal.
*[(k)]*(l) Access to information. In connection with a proceeding under this section the operator shall have access to all written statements and information in the possession and control of the state concerning the evidentiary test or tests, including without limitation the police report, processing forms, certification and affidavit, breath test results, police notes and the names and addresses of witnesses. If the operator intends to rely on the independent analysis, the state shall have access to the test results from the independent analysis and names and addresses of all witnesses. No depositions or written interrogatories shall be permitted except in extraordinary circumstances.
*[(l)]*(m) Second and subsequent suspensions. For a second suspension under this section, the period of suspension shall be 18 months and until the person complies with section 1209a of this title. For a third or subsequent suspension under this section, the period of suspension shall be life.
*[(m)]*(n) Presumption. In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate or being in actual physical control of a vehicle an alcohol concentration of 0.08 or more, it shall be a rebuttable presumption 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.
*[(n)]*(o) Use immunity. No testimony or other information presented by the defendant in connection with a proceeding under this section or any information directly or indirectly derived from such testimony or other information, may be used for any purpose, including impeachment and cross-examination, against the defendant in any criminal case, except a prosecution for perjury or giving a false statement.
*[(o)]*(p) Suspensions to run concurrently. Suspensions imposed under this section or any comparable statute of any other jurisdiction and sections 1206 and 1208 of this title or any comparable statutes of any other jurisdiction or any other section of this title for the same incident shall run concurrently and a person shall receive credit for any elapsed period of a suspension served in Vermont against a later suspension imposed in this state. In order for suspension credit to be available against a later suspension, the suspension issued under this section must appear and remain on the individual’s motor vehicle record.
*[(p)]*(q) Rules. The supreme court shall adopt rules ensuring the fairness of proceedings under this section.
*[(q)]*(r) A person suspended under this section for a refusal shall be assessed a surcharge of $50.00 which shall be collected by the department of motor vehicles prior to reinstatement of the person’s driving privileges. The department shall transfer the surcharge assessed under this subsection to the public defender special fund created in section 5239 of Title 13 specifying the source of the moneys being deposited. All such moneys shall be used by the office of the defender general to cover the cost of providing statewide 24-hour legal services coverage as required by 23 V.S.A. § 1202(g). After $40,000.00 has been deposited in the public defender special fund in a single fiscal year, all additional collected surchargesassessed under this subsection in that fiscal year shall be credited to the governor’s highway safety commission for deposit in a DUI enforcement special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. All such DUI enforcement special fund receipts shall be used exclusively for statewide DUI enforcement and for no other purpose.
Sec. 11. 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 rules involving the amendments.
(6) Any recommended changes to the law.
* * * Transporting Alcoholic Beverages * * *
Sec. 12. 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. 13. 23 V.S.A. § 1134a is added to read:
§ 1134a. CONSUMING AND TRANSPORTING ALCOHOLIC BEVERAGES
(a) A person shall not consume alcoholic beverages while riding as a passenger in a motor vehicle operated on a public highway.
(b) Alcoholic beverages shall not be transported within the manufacturer-designated passenger area of any motor vehicle upon any highway in this state except in the original container and with the seal unbroken. This subsection shall not apply to a person who has a caterer’s permit issued under 7 V.S.A. § 238 and operates a motor vehicle in the course of business.
(c) Subsections (a) and (b) of this section shall not apply to a passenger in a chartered bus as defined in section 562(f) of this title, a jitney as defined in section 4(17) of this title, or any section of a motor vehicle which has been designated or modified for the overnight accommodation of persons as living quarters; provided, however, that the driver is prohibited from having any alcoholic beverages in the driver’s area.
(d) A person who violates subsection (a) or (b) of this section shall be fined not more than $500.00.
(e) This section may be enforced against a passenger in a motor vehicle only if a law enforcement officer has detained the operator of the motor vehicle for a suspected violation of section 1134 of this title or of another traffic offense other than the offense contained in this section.
* * * Video Cameras and Mobile Command Post Vehicles * * *
Sec. 14. APPROPRIATIONS
(a) The department of public safety is appropriated $250,000.00 from the general fund for the purpose of purchasing mobile and stationary video cameras for the primary purpose of processing persons apprehended for DUI. If federal funds are available, such funds shall be used in lieu of general funds. The department shall purchase, at a minimum, 68 mobile video cameras and 12 stationary cameras. Of the 68 mobile video cameras purchased, 20 shall be designated for the new trooper patrol unit. Each of the 12 state police barracks shall be allocated four of the remaining 48 mobile video cameras.
(b) The department of public safety is appropriated $40,000.00 from the transportation fund for the purpose of purchasing a mobile command post vehicle for the primary purpose of roadside processing of persons apprehended for DUI.
* * * District Court DUI Docket * * *
Sec. 15. 4 V.S.A. chapter 9 §§ 421-446 are designated as follows:
Subchapter 1. General Provisions
Sec. 16. 4 V.S.A. chapter 9, subchapter 2 is added to read:
Subchapter 2. DUI Docket
§ 452. LEGISLATIVE FINDINGS AND INTENT
The legislature finds that the incidence of DUI and the related serious motor vehicle accidents and fatalities, tragedies and societal problems caused by DUI in Vermont, are an extensive and unacceptable public health and safety problem. There is a need for a specialized docket within the district court to promote the screening, evaluation, education, and treatment of persons whose addiction to alcohol contributed to the commission of a motor vehicle-related criminal offense. It is therefore the intent of the legislature to establish a specialized docket to address such problems and to provide adequate funding for this purpose. The specialized docket should 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.
§ 453. RULES
The supreme court shall adopt rules to implement the intent of this subchapter.
§ 454. COOPERATION; ADEQUATE STAFF AND CORRECTIONS FACILITIES
(a) The department of corrections and the office of alcohol and drug abuse programs shall work with and assist the court administrator's office in designing and implementing a DUI docket in the district court.
(b) On November 1, 1998 the department of corrections shall report to the general assembly on how it plans to make available adequate staff, space and facilities to implement the special DUI docket program on July 1, 1999.
(c) On November 1, 1998 the office of alcohol and drug abuse programs shall report to the general assembly on how it plans to make available adequate treatment programs and related services to implement the special DUI docket program on July 1, 1999.
§ 455. CONDITIONAL LICENSE
(a) Notwithstanding any other provision of law to the contrary, the district court shall have the authority to direct the department of motor vehicles to reinstate conditionally the operator's license of an individual who is satisfactorily participating in treatment under an order of the district court in any case on the DUI docket created pursuant to this subchapter and who has so completed at least 90 days of such treatment. The license may be reinstated only for the limited purposes of employment and completion of specific conditions of the court-ordered treatment program. Every conditional license must contain a prohibitionagainst consumption of alcohol. When reinstating an operator's license on a conditional basis, the court shall establish a program to monitor and enforce compliance with the alcohol abstinence condition.
(b) The department of motor vehicles shall include by code that a conditional license has been issued on its computer system in order to assist in monitoring compliance with the conditions. The licensee/permittee shall be required to carry a special restriction card issued by the department of motor vehicles which will indicate the specific limiting condition set forth by the court.
(c) The conditional license shall be uniquely colored to distinguish it from a regular operator’s license.
§ 456. DEFERRED SENTENCE
(a) Notwithstanding any other provision of law to the contrary, the district court may defer sentencing for an indeterminate duration after entry of a plea of guilty to a charge in the DUI docket created pursuant to this subsection and upon the person’s agreement to complete successfully a treatment program ordered by the court. The court shall set terms and conditions upon deferring the sentence.
(b) Notwithstanding 13 V.S.A. § 7041(b), if the person is subsequently convicted of a criminal offense, the conviction for which the sentence was deferred may be considered for enhancement purposes.
Sec. 17. 8 V.S.A. § 4089b(f) is added to read:
(f) No health insurer shall deny coverage for substance abuse if required by Vermont law, regulation or the insurance contract on the basis that the treatment for substance abuse has been ordered by the court in a case in the DUI docket established in subchapter 2 of chapter 9 of Title 9.
* * * Increased Liability for Furnishers * * *
Sec. 18. 7 V.S.A. § 658 is amended to read:
§ 658. SALE AND FURNISHING TO MINORS; PERMITTING CONSUMPTION BY MINORS; MINOR CAUSING DEATH OR SERIOUS BODILY INJURY
*[A person, licensee or otherwise, who; sells or furnishes a minor malt or vinous beverages or spirituous liquors shall be fined not less than $200.00 nor more than $1,000.00 or imprisoned not more than two years, or both.]*
(a) A person, licensee or otherwise, shall not:
(1) sell, furnish or knowingly enable, facilitate, assist or permit the sale or furnishing of malt or vinous beverages or spirituous liquors to a person under the age of 21; or
(2) knowingly enable, facilitate, assist or permit the consumption of malt or vinous beverages or spirituous liquors by a person under the age of 21.
(b) A person who violates subsection (a) of this section shall be fined not less than $200.00 nor more than $1,000.00 or imprisoned not more than two years, or both.
(c) 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.
* * * Dram Shop * * *
Sec. 19. 7 V.S.A. § 501 is amended to read:
§ 501. UNLAWFUL SALE OF INTOXICATING LIQUORS; CIVIL ACTION FOR DAMAGES
(a) Action for damages. A spouse, child, guardian, employer or other person who is injured in person, property or means of support by an intoxicated person, or in consequence of the intoxication of any person, shall have a right of action in his or her own name, jointly or severally, against any person or persons who have caused in whole or in part such intoxication by selling or furnishing intoxicating liquor to, or by facilitating, assisting, or permitting consumption of intoxicating liquor by:
(1) *[to]* a minor as defined in this title;
(2) *[to]* a person apparently under the influence of intoxicating liquor;
(3) *[to]* a person after legal serving hours by a person required to be licensed under this title; or
(4) *[to]* a person *[whom]* it would be reasonable to expect would be under the influence of intoxicating liquor as a result of the amount of liquor served by the defendant to that person.
(b) Survival of action; joint action. Upon the death of either party, the action and right of action shall survive to or against the party's executor or administrator. The party injured or his or her legal representatives may bring either a joint action against the person intoxicated and the person or persons *[who furnished the liquor]* who may be liable under subsection (a) of this section and an owner who may beliable under subsection (c) of this section, or a separate action against either or any of them.
(c) Landlord liability. If the intoxicating liquor was sold or furnished to the intoxicated person in a rented building, the owner may be joined as a defendant in the action, and judgment therein may be rendered against the owner, if the owner of the building or in the case of a corporation, its agent, knew or had reason to know that intoxicating liquor was sold or furnished by the tenant
(1) to minors as defined in this title;
(2) to persons apparently under the influence of intoxicating liquor;
(3) to persons after legal serving hours; or
(4) to persons *[whom]* it would be reasonable to expect would be under the influence of intoxicating liquor as a result of the amount of liquor served to them by the tenant. It shall be an affirmative defense to an action against an owner that the owner took reasonable steps to prevent the sale of intoxicating liquor under the circumstances described in this subsection or to evict the tenant.
(d) Statute of limitations. An action to recover for damages under this section shall be commenced within two years after the cause of action accrues, and not after.
(e) Evidence. In an action brought under this section, evidence of responsible actions taken or not taken is admissible, if otherwise relevant. Responsible actions may include, but are not limited to, instruction of servers as to laws governing the sale of alcoholic beverages, training of servers regarding intervention techniques, admonishment to patrons or guests concerning laws regarding the consumption of intoxicating liquor, and inquiry under the methods provided by law as to the age or degree of intoxication of the persons involved.
(f) Right of contribution.
(1) A defendant in an action brought under this section has a right of contribution from the intoxicated person, unless the injured party has brought an action for damages against the intoxicated person, and from any other responsible person *[or persons, which may be enforced in a separate action brought for that purpose]*.
(2) A right of contribution under this subsection may only be enforced in a separate action, unless consolidated with the claim brought under this section with consent of the plaintiff.
(g) Social host. *[Nothing]* Unless a person is an unlicensed business host or hasviolated section 658 of this title, nothing in this section shall create a statutory cause of action against a social host for furnishing intoxicating liquor to any person without compensation or profit, if the social host is not a licensee or required to be a licensee under this title. However, this subsection shall not be construed to limit or otherwise affect the liability of a social host for negligence at common law.
(h) Definition. For the purpose of this section:
(1) "*[apparently]* Apparently under the influence of intoxicating liquor" means a state of intoxication accompanied by a perceptible act or series of actions which present signs of intoxication.
(2) "Unlicensed business host" means a person who is not a licensee under this title and who operates a business that as part of the business furnishes, facilitates, assists or permits the consumption of intoxicating liquor on land or premises, the person, in whole or in part, owns, rents, lease, manages or controls.
Sec. 20. 7 V.S.A. § 113 is added to read:
§ 113. INVESTIGATION; VIOLATIONS OF THE DRAM SHOP ACT
Upon receipt of written notification to the central office of the department of liquor control from a law enforcement officer under 20 V.S.A. § 1817 that a motor vehicle accident or other incident investigated by the officer was determined to involve the service or furnishing of intoxicating liquor at a licensed establishment or consumption of intoxicating liquor on land or premises being used by an unlicensed business host with the result that an intoxicated person caused the motor vehicle accident or other incident, the commissioner of liquor control shall:
(1) investigate the events surrounding the consumption of intoxicating liquor by the person involved in the motor vehicle accident or other incident, and prepare a written report. The report shall include information determined by the commissioner, including the names, addresses, and statements of people witnessing the consumption of intoxicating liquor by the person involved in the motor vehicle accident or other incident; and
(2) provide a copy of the report to the licensee or unlicensed business host and to any person injured by the motor vehicle accident or other incident resulting in such investigation.
Sec. 21. 20 V.S.A. § 1817 is amended to read:
§ 1817. REPORTS OF LAW ENFORCEMENT OFFICER; ACCIDENTS INVOLVING LIQUOR
*[Any]* A law enforcement officer *[who]*, upon investigation of a motor vehicleaccident or other incident involving the use of intoxicating liquor, shall inquire whether the person involved in the accident or incident was served or furnished intoxicating liquor at a licensed establishment *[and, if]* or consumed intoxicating liquor on land or premises being used by an unlicensed business host. If the officer determines that a person was served or furnished intoxicating liquor at a licensed establishment or consumed intoxicating liquor on land or premises being used for business purposes, the officer shall immediately so inform, in writing, the department of liquor control and the appropriate licensee or *[licensees]* unlicensed business host. A law enforcement officer shall not be subject to civil liability for an omission or failure to comply with a provision of this section.
* * * Increased Financial Responsibility; Increased
Uninsured Motorists Coverage and Mandatory Liability Coverage * * *
Sec. 22. 23 V.S.A. § 800(a) is amended to read:
(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]* $20,000.00 for damages to property in any one accident. In lieu thereof, evidence of self-insurance in the amount of $100,000.00 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.
Sec. 23. 23 V.S.A. § 801(a) is 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]* $20,000.00 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 public liability and property damage, in the amounts required under this section with respect to proof of financial responsibility, was ineffect 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.
Sec. 24. 23 V.S.A. § 941(c) is 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 in the 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.
* * * Sale of Beer Kegs * * *
Sec. 25. 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 photographicnondriver motor vehicle identification card obtained from the department of motor vehicles.
*[(2)]*(3) The purchaser shall complete a form, provided by the board, which includes at least the name, address and date of birth of the purchaser as it appears on the purchaser’s proper proof of identification and the identification number of the keg. The form shall also include the provisions of this section and the penalties for violation of these provisions. The licensee shall retain the form for 90 days after return of the keg.
*[(3)]*(4) The licensee shall collect a deposit of $25.00 which shall be returned to the purchaser upon return of the keg with the label intact.
(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.
* * * RULE 3 * * *
Sec. 26. 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 a misdemeanor 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 his appearance 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 committed a second violation of 23 V.S.A. § 1201.
* * * Emergency Room * * *
Sec. 27. 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 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) 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).
(c) 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.
* * * Additional Positions for Liquor Control * * *
Sec. 28. POSITIONS; APPROPRIATION
The Department of Liquor Control is authorized to establish and shall fill five (5) new classified positions - two (2) liquor investigators, two (2) supervisory liquor investigators, and one (1) enforcement clerk. The department is appropriated $384,795.00 from the liquor enterprise fund for the purpose of supporting these new positions.
* * * Subrogation * * *
Sec. 29. 23 V.S.A. § 941(e) is amended to read:
(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 all reasonable expenses of recovery incurred in effecting the settlement or recovery. Such expenses of recovery shall be apportioned between the parties as their interests appear at the time of the settlement or recovery.
* * * Treatment * * *
Sec. 30. 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 or second 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]* 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.
(b) Abstinence. Notwithstanding any other provision of this subchapter, a person whose license has been suspended for three years or more under this subchapter may apply to the driver rehabilitation school director and to the commissioner for reinstatement of his or her driving privilege. In the case of a suspension for three years, the person shall have completed two years of total abstinence from consumption of alcohol or drugs or both. In the case of a suspension for life, the person shall have completed three years of total abstinence from consumption of alcohol or drugs or both. In both cases, the beginning date for the period of abstinence shall be no sooner than the effective date of the suspension from which the person is requesting reinstatement and shall not include any period during which the person is incarcerated within the walls of a correctional facility. If the commissioner, or a medical review board convened by the commissioner, is satisfied by a preponderance of the evidence that the applicant has abstained for the required number of years immediately preceding the application and has successfully completed a therapy program as required under this section and the person appreciates that he or she cannot drink any amount of alcohol and drive safely, the person's license shall be reinstated immediately upon such conditions as the commissioner may impose. If after notice and hearing the commissioner later finds that the person was operating, attempting to operate or in actual physical control of a vehicle while there was any amount of alcohol in the blood following reinstatement under this subsection, the person's operating license or privilege to operate shall be immediately suspended for the period of the original suspension. A person shall be eligible for reinstatement under this section only once following a suspension for life.
(c) If a person fails to enroll in the alcohol and driving education screening andtherapy program provided for in this section within 30 days of license suspension and 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 enroll. After hearing, the court may order the person to enroll.
(d) Judicial review. A person aggrieved by a decision by a designated counselor under this section may seek review of that decision pursuant to Rule 75 of the Vermont Rules of Civil Procedure.
Sec. 31. 23 V.S.A. § 361 is amended to read:
§ 361. PLEASURE CARS
The annual fee for registration of any motor vehicle *[of the pleasure car type]* that is registered at the pleasure car rate, and all vehicles powered by electricity, shall be *[$42.00]* $44.00 and the biennial fee shall be *[$78.00]* $82.00.
Sec. 32. 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. 33. EFFECTIVE DATE
This act shall take effect on July 1, 1998, except that Sec. 13 (transporting alcoholic beverages), Secs. 22-24 (increased financial responsibility) shall take effect on January 1, 1999, and 4 V.S.A. §§ 455 and 456 in Sec. 16 and Sec. 17 (8 V.S.A. § 4089(b)(f)) shall take effect on July 1, 1999. This section, 4 V.S.A. §§ 452, 453 and 454 in Sec. 16, and Sec. 32 shall take effect upon passage.
And the committee further recommends that after passage, the title of the bill be amended to read: "AN ACT RELATING TO DUI"
Rep. Perry of Richford, for the Committee on Ways and Means, reports same without recommendation.
Rep. Bristol of Brattleboro, for the Committee on Appropriations, recommends the bill ought to pass in concurrence with proposal of amendment as recommended by the committee on Judiciary.
The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.
Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Judiciary? Rep. Freed of Dorset moved that the rules be suspended to hear a report by Rep. Suchmann of Chester for the committee on Government Operations and to hear a further report by Rep. Little of Shelburne for the committee on Judiciary, which was agreed to.
Recess
At eleven o’clock and thirty-nine minutes in the forenoon, the Speaker declared a recess until two o’clock in the afternoon.
Afternoon
At two o’clock and twenty minutes in the afternoon, the Speaker called the House to order.
Message from Senate
A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:
Mr. Speaker:
I am directed to inform the House that the Senate has on its part adopted a joint resolution of the following title:
J.R.S. 68. Joint resolution relating to an appeal from the claims commission.
In the adoption of which the concurrence of the House is requested.
Consideration Resumed
Proposal of Amendments Agreed to; Third Reading Ordered
S. 185
Consideration resumed on Senate bill, entitled
An act relating to DWI.
Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Judiciary? Rep. Little of Shelburne moved to amend the proposal of amendment offered by the committee on Judiciary as follows:
First: In Sec. 5, subsection (b), by striking out the period at the end of subdivision (5) and inserting in lieu thereof the following: ; and
and by adding a new subdivision (6) to read:
(6) develop and publish a statewide campaign that promotes designated driver and safe rider programs.
Second: In Sec. 5, subdivision (e)(6), by adding after the words
"accomplishments of the program," the following: the time spent by the special DUI enforcement program on activities not related to DUI enforcement,
Third: By adding a new Sec. 6a to read as follows:
Sec. 6a. 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 when on a public highway *[also means]* a snowmobile as defined in section 3201 of this title and an all-terrain vehicle as defined in section 3501 of this title.
Fourth: In Sec. 9, 23 V.S.A. § 1213c, by adding at the end of subsection (d) the following: In making such determination, the court shall consider any evidence of past or current domestic violence.
Fifth: In Sec. 9, 23 V.S.A. § 1213c, by striking out subsection (h) in its entirety and inserting in lieu thereof a new subsection (h) to read:
(h) 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 may:
(1) permit the person to enforce the lien or other interest as provided by law; or
(2) upon immobilization or forfeiture shall order compensation to the person to the extent of the person’s interest from the proceeds of the resulting sale.
Sixth: In Sec. 10, 23 V.S.A. § 1205, by striking out subsection (h) in its entirety and inserting in lieu thereof a new subsection (h) to read:
(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 for good 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.
Seventh: In Sec. 16, in 4 V.S.A. § 453, by striking out the words "The supreme court" and inserting in lieu thereof the following: Prior to the creation of the DUI docket, the supreme court
Eighth: In Sec. 27, in 23 V.S.A. § 1203b, subsection (a), by inserting after the words "services to the person in" the following: the emergency room of
And by adding new subsections (b) and (c) to read:
(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) shall be fined not more than $500.00.
And by relettering the remaining subsections to be alphabetically correct
Which was agreed to.
Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Judiciary? Rep. Suchmann of Chester, for the committee on Goverment Operations, moved to amend the proposal off amendment offered by the committee on Judiciary as follows:
First: In Sec. 5, by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read:
(b) The director of alcohol traffic safety programs shall have the responsibility and authority to coordinate all state and participating county and municipal programs that deal with alcohol traffic safety activities, including prevention, education, enforcement, adjudication and rehabilitation. The director shall have cross-department responsibility to advocate for adequate services and funding for such DUI-related activities. In addition, the DUI coordinator shall:
(1) prepare a comprehensive plan for a coordinated and sustained statewide program to reduce DUI which includes participation by all interested persons, including both state, county and municipal law enforcement agencies that are engaged in alcohol traffic safety activities;
(2) cooperate with and assist state, county and municipal officials and state, county and municipal law enforcement agencies in the formulation and execution of a coordinated statewide alcohol traffic safety program;
(3) work with and assist appropriate departments, including health, education, corrections, motor vehicles, public safety, liquor control, the treatment community and other relevant state, county and municipal agencies, to:
(A) enhance alcohol abuse education programs for persons prior to obtaining operators’ licenses; and
(B) identify successful educational programs that discourage persons under the age of 21 from purchasing and using alcohol products, and encourage and assist the statewide implementation of such programs;
(4) study alcohol traffic safety issues, including academic and scientific studies and research, and recommend to the legislature and to state and local agencies, changes in laws and rules as the director of alcohol traffic safety programs deems advisable; and
(5) obtain and assemble data on alcohol-related accidents, arrests, convictions, and DUI processing time, and analyze, study and consolidate such data for educational, research, informational and legislative purposes.
Second: In Sec. 5, by striking out the word "and" at the end of subdivision (e)(6), and by striking out the period at the end of subdivision (7) and inserting in lieu thereof a semicolon, and by adding two new subdivisions (8) and (9) to read as follows:
(8) any problems encountered by the director related to fulfilling the director’s coordination responsibilities set forth in subsection (b) of this section, including specific recommended solutions to remedy those problems; and
(9) the impact that the implementation of the programs provided for in thisact has had on each component of the criminal justice system and other involved agencies.
Third: In Sec. 14, by striking out subsection (a) in its entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
(a) The department of public safety is appropriated $250,000.00 from the general fund for the purpose of purchasing mobile and stationary video cameras to be used primarily to process persons apprehended for DUI. If federal funds are available, such funds shall be used in lieu of general funds.
(b) The governor’s highway safety program shall distribute the video cameras to law enforcement agencies throughout the state. The distribution of the cameras shall be made in a fair and equitable manner based on the documented past record of DUI enforcement activities and accomplishments by the law enforcement agencies.
And by relettering the original subsection (b) to be subsection (c)
Which was agreed to.
Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Judiciary? Rep. Angell of Randolph, moved to amend the proposal of amendment offered by the committee on Judiciary as follows:
First: By striking out Sec. 1 in its entirety and inserting in lieu thereof a new Sec. 1 to read as follows:
Sec. 1. LEGISLATIVE FINDINGS
The General Assembly finds that:
(1) Driving under the influence of alcohol (DUI) is a significant public safety and public health problem in Vermont. The magnitude of the problem is evidenced by a report by the Vermont Department of Health 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 any other criminal offense.
(3) In 1996 there were 1,815 convictions for DUI first offense, 316 convictions for DUI second offense and 224 convictions for DUI third and subsequent offenses.
(4) There is a low probability that persons convicted of DUI will be sentenced to incarceration. The public is generally aware of this fact.
(5) 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.
(6) DUI offenders tend to be concentrated in the 20-40 age group (72 percent) and about five percent are under age 19.
(7) The number of licensed drivers and registered vehicles in the state has increased significantly over the past decade; however, 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 decrease. Reduced traffic enforcement is directly related to a reduction in the number of DUI arrests.
(8) While fatalities resulting from DUI drivers have been reduced during the past decade, DUI continues to play a major role in traffic fatalities. On average over 30 people die each year on Vermont highways in alcohol-related crashes; hundreds more are injured. In 1996 in Vermont, 40 persons were killed in 31 alcohol-related crashes. One driver involved in one of those crashes had a previous DUI record within the prior three years. Crash-involved drivers and persons charged with crimes relating to such crashes are overwhelmingly males between 20 and 34 years old.
(9) 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 of available penalties, and limited effective therapeutic interventions.
(10) There is no conclusive 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 needs to be on increased detection of DUI and stricter enforcement of DUI laws.
(11) Vermont’s existing DUI laws are already some of the toughest in the country. Elements that contribute to the "toughness" include per se provisions, implied consent, substantial criminal penalties, including incarceration,criminalization of refusal to submit to a breath test, 0.08 percent BAC, zero tolerance (0.02 percent BAC) for youthful drivers, mandatory license suspension for extended periods, and rigorous requirements for relicensing. Despite these tough laws, many persons who are arrested and convicted of DUI continue to drink and drive. About one-quarter of the persons charged during the past five years were repeat offenders.
(12) The following deficiencies in the current DUI enforcement program have been identified:
(A) Despite the possibility of harsh penalties, many persons who are arrested and convicted of DUI continue to drink and drive.
(B) Most persons convicted of DUI are not sentenced to incarceration and there is insufficient space in the state correctional facilities for those DUI offenders who otherwise would be incarcerated.
(C) A disproportionate number of DUI offenders are young persons. (In 1994, 63.3 percent of DUI operators were under the age of 35.)
(D) There is an insufficiently statewide, coordinated governmental approach to the DUI problem as a public health, law enforcement and safety priority.
(13) 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.
(14) The state needs a comprehensive plan for preventing persons who are impaired by alcohol from driving on the state’s highways.
(15) Reducing DUI requires vigorous enforcement, swift imposition of driver suspension and a media campaign that credibly announces these efforts to the public.
(16) More arrests for DUI will enhance prevention as well as intervention efforts.
(17) Increased law enforcement activity directed at DUI enforcement and apprehension of DUI offenders should be part of a comprehensive and effective DUI prevention and enforcement program.
Second: By striking out Secs. 5-13 and Secs. 15-32 in their entirety
Third: By striking out Sec. 33 in its entirety and inserting in lieu thereof a new Sec. 33 to read as follows:
Sec. 33. EFFECTIVE DATE
This act shall take effect on passage.
And by renumbering the remaining sections to be numerically correct
Which was disagreed to on a Division vote. Yeas, 31. Nays, 65.
Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Judiciary? Rep. Corren of Burlington, moved to amend the proposal of amendment offered by the committee on Judiciary as follows:
First: By adding a new Sec. 33 to read as follows:
Sec. 33. 23 V.S.A. § 1201(a)(1) is amended to read:
(1) when the person's alcohol concentration is *[0.08]* 0.02 or more; or
Second: By adding a new Sec. 34 to read as follows:
Sec. 34. STATUTORY REVISION
The statutory revision commission is directed to change all references in the Vermont Statues Annotated to the minimum alcohol concentration threshold that is defined as operating a motor vehicle while under the influence of intoxicating liquor from 0.08 to 0.02.
And by renumbering Sec. 33 in the proposal to be Sec. 35
Which was disagreed to.
Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Judiciary? Rep. McNamara of Burlington, for the committee on Transportation moved to amend the proposal of amendment offered by the committee on Judiciary as follows:
First: In Sec. 1, by striking subdivisions (17)(H) and (K) in their entirety and by relettering the subdivisions to be alphabetically correct
Second: By striking Sec. 2 in its entirety and inserting in lieu thereof the following:
Sec. 2. SPECIAL DUI ENFORCEMENT PROGRAM
(a) The commissioner of public safety shall establish a special enforcement program for the enforcement of DUI laws. The special program shall conductactivities to prevent violation of state DUI laws, to apprehend motorists suspected of violating DUI laws and to provide adequate coverage after the second shift.
(b) The troop commanders shall report in writing the number of DUI apprehensions and other activities specifically accomplished by the program, including alcohol-related accidents and trends. The reports shall be public documents, shall be completed on a quarterly basis and forwarded to the commissioner of public safety who shall publish them in the department of public safety’s annual report.
Third: By striking Secs. 3 (positions) and 4 (appropriations) in their entirety
Fourth: By striking Secs. 5 (single point of authority) and 6 (appropriation) in their entirety
Fifth: In Sec. 7, § 1213a of 23 V.S.A., by striking subsection (a) in its entirety and inserting in lieu thereof the following:
(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 any motor vehicle owned by the defendant seized and immobilized by any means available and appropriate, as provided in this section and section 1213c of this title.
Sixth: In Sec. 8, § 1213b of 23 V.S.A., after the word "order" by striking the words "the motor vehicle operated" and inserting in lieu thereof the following: any motor vehicle owned
Seventh: By striking Sec. 10 in its entirety and inserting in lieu thereof the following:
Sec. 10. 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 personsubmitted 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 testing equipment.
(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 commissioneror invalidate the license in a manner that does not destroy any identifying information. 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. 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) If you do not request a hearing, your license will be suspended as provided in this notice.]*
*[(3)]*(2) 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)]*(3) 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)]*(4) In order to request a hearing, sign the attached form and mail or deliver the form along with any entry fee required under section 1431 of Title 32 to the commissioner of motor vehicles at the address shown.
(e) Effective date of suspension. *[Unless a hearing is requested, a]* A suspension under this section becomes 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, along with any entry fee required under section 1431 of Title 32, 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'sattorney 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.]* Any hearing requested shall be held as soon as practicable and when at all possible before the imposition of the suspension referenced herein. No hearing shall be continued except for good cause shown and with the consent of the defendant.
(g) Issues at hearing The issues at the 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.
(h) Finding by the court. The court shall electronically forward a report of the hearing to the commissioner. Upon a finding by the court that the law enforcement 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 court shall forward the report of the hearing to the commissioner who shall suspend]* or upon a finding by the court that the law enforcement 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 the person was operating, attempting to operate or in actual physical control, 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]* shall be suspended or shall remain suspended for the required term and until the person complies with section 1209a of this title. *[Upon a finding by the court that the law enforcement 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 the person was operating, attempting to operate or in actual physical control, the court shall forward the report of the hearing to the commissioner who shall 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.]* Upon a finding in favor of the person, the commissioner shall cause the suspension to be canceled and removed from the record without payment of any fee.
(i) Venue and conduct of hearings. Venue for proceedings under this section shall be in the territorial unit of the district court where the offense is alleged to have occurred. Hearings under this section shall be summary proceedings conducted by the district court without a jury and shall be subject to the *[Vermont Rules of Civil Procedure]* District Court Civil Rules only as consistent with this section. The state has the burden of proof by a preponderance of the evidence. Affidavits of law enforcement officers and chemists shall be admissible evidence which may be rebutted by witnesses called by either party. The affidavits shall be delivered to the other party at least five days prior to the hearing.
(j) Appeal. A decision of the district court under this section may be appealed as a matter of right to the supreme court. The suspension shall not be stayed pending appeal unless the defendant is reasonably likely to prevail on appeal.
(k) Access to information. In connection with a proceeding under this section the operator shall have access to all written statements and information in the possession and control of the state concerning the evidentiary test or tests, including without limitation the police report, processing forms, certification and affidavit, breath test results, police notes and the names and addresses of witnesses. If the operator intends to rely on the independent analysis, the state shall have access to the test results from the independent analysis and names and addresses of all witnesses. No depositions or written interrogatories shall be permitted except in extraordinary circumstances.
(l) Second and subsequent suspensions. For a second suspension under this section, the period of suspension shall be 18 months and until the person complies with section 1209a of this title. For a third or subsequent suspension under thissection, the period of suspension shall be life.
(m) Presumption. In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate or being in actual physical control of a vehicle an alcohol concentration of 0.08 or more, it shall be a rebuttable presumption 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.
(n) Use immunity. No testimony or other information presented by the defendant in connection with a proceeding under this section or any information directly or indirectly derived from such testimony or other information, may be used for any purpose, including impeachment and cross-examination, against the defendant in any criminal case, except a prosecution for perjury or giving a false statement.
(o) Suspensions to run concurrently. Suspensions imposed under this section or any comparable statute of any other jurisdiction and sections 1206 and 1208 of this title or any comparable statutes of any other jurisdiction or any other section of this title for the same incident shall run concurrently and a person shall receive credit for any elapsed period of a suspension served in Vermont against a later suspension imposed in this state. In order for suspension credit to be available against a later suspension, the suspension issued under this section must appear and remain on the individual’s motor vehicle record.
(p) Rules. The supreme court shall adopt rules ensuring the fairness of proceedings under this section.
(q) A person suspended under this section for a refusal shall be assessed a surcharge of $50.00 which shall be collected by the department of motor vehicles prior to reinstatement of the person’s driving privileges. The department shall transfer the surcharge assessed under this subsection to the public defender special fund created in section 5239 of Title 13 specifying the source of the moneys being deposited. All such moneys shall be used by the office of the defender general to cover the cost of providing statewide 24-hour legal services coverage as required by 23 V.S.A. § 1202(g). After $40,000.00 has been deposited in the public defender special fund in a single fiscal year, all additional collected surcharges assessed under this subsection in that fiscal year shall be credited to the governor’s highway safety commission for deposit in a DUI enforcement special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. All such DUI enforcement special fund receipts shall be used exclusively for statewide DUI enforcement and for no other purpose.
(r) No person shall apply for a duplicate license or permit at any time subsequent to being served with the notice prescribed by subsection (c) of thissection and prior to reinstatement of the license or permit. Any such application shall constitute a false claim as that term is used in 13 V.S.A. § 3016.
Eighth: In Sec. 14, by striking subsection (a) in its entirety and by striking the following: (b)
Ninth: By adding a new Sec. 14a to read:
Sec. 14a. EQUIPMENT PURCHASE
The department of public safety shall purchase mobile and stationary video cameras for the primary purpose of processing persons apprehended for DUI. If federal funds are available, such funds shall be used in lieu of general funds. The department shall purchase, at a minimum, 68 mobile video cameras and 12 stationary cameras.
Tenth: In Sec. 16, by striking §§ 455 and 456 of 4 V.S.A. in their entirety
Eleventh: By striking Sec. 31 (pleasure car registration fees) in its entirety
Twelfth: In Sec. 33 (effective date) by striking the following: "and 4 V.S.A. §§ 455 and 456 in Sec. 16"
And by renumbering the sections of the bill to be numerically correct
Pending the question, Shall the House amend the proposal of amendment offered by the committee on Judiciary, as recommended by Rep. McNamara of Burlington? Rep. Little of Shelburne demanded the Yeas and Nays, which demand was sustained by the Constitutional number.
Pending the call of the roll, Rep. Brunelle of Winooski asked that the question be divided and the third recommendation of amendment be voted on first.
Pending the question, Shall the House amend the proposal of amendment offered by the committee on Judiciary, as recommended by Rep. McNamara of Burlington, in the third instance? The Clerk proceeded to call the roll and the question, Shall the House amend the proposal of amendment offered by the committee on Judiciary, as recommended by Rep. McNamara of Burlington, in the third instance? was decided in the negative. Yeas, 30. Nays, 117.
Those who voted in the affirmative are:
Aswad of Burlington
Brunelle of Winooski
Clark of St. Johnsbury
Crawford of Burke
Dominick of Starksboro
Flaherty of South Burlington
Freed of Dorset
Helm of Castleton
Holmes of Bethel
Houston of Ferrisburgh
Hudson of Lyndon
Hyde of Fayston
Knox of Northfield
LaBarge of Grand Isle
McNamara of Burlington
Murphy of Ludlow
Peaslee of Guildhall
Pembroke of Bennington
Pike of Mendon
Richardson of Weathersfield
Schiavone of Shelburne
Sherman of St. Johnsbury
Starr of Troy
Sweetser of Essex
Towne of Berlin
Westman of Cambridge
Winters of Williamstown
Wisell of Bristol
Wood of Brandon
Yarnell of Colchester
Those who voted in the negative are:
Alberico of Rutland City
Alfano of Calais
Allard of St. Albans Town
Angell of Randolph
Baker of Randolph
Barbieri of Wallingford
Barney of Highgate
Bjerke of Burlington
Blanchard of Essex
Bohi of Hartford
Bourdeau of Hyde Park
Bouricius of Burlington
Brady of Bennington
Bristol of Brattleboro
Brooks of Montpelier
Buchdahl of Georgia
Buckland of Newport Town
Carmolli of Rutland City
Casavant of Winooski
Cillo of Hardwick
Coleman of Londonderry
Corren of Burlington
Costello of Brattleboro
Dakin of Colchester
Darrow of Newfane
Darrow of Dummerston
Deen of Westminster
Deuel of West Rutland
Doyle of Richmond
Dunne of Hartland
Dwyer of Thetford
Edwards of Swanton
Emmons of Springfield
Fox of Essex
Freidin of New Haven
Fyfe of Newport City
Gervais of Enosburg
Ginevan of Middlebury
Grant of Groton
Gray of Barre Town
Gretkowski of Burlington
Hathaway of Barton
Heath of Westford
Hoag of Woodford
Howard of Rutland Town
Howrigan of Fairfield
Hummel of Underhill
Johnson of Canaan
Keenan of St. Albans City
Kehler of Pomfret
Kendall of Woodstock
Kenyon of Bradford
Kinsey of Craftsbury
Kitzmiller of Montpelier
Klopchin of Clarendon
Koch of Barre Town
Krasnow of Charlotte
Kreitzer of Rutland City
Kristensen of Guilford
Lafayette of Burlington
Larrabee of Danville
Lindgren of Springfield
Lippert of Hinesburg
Little of Shelburne
Livingston of Manchester
Mackinnon of Sharon
Marron of Stowe
Maslack of Poultney
Mazur of South Burlington
Mazzariello of Rutland City
McGrath of Ferrisburgh
Metzger of Milton
Milkey of Brattleboro
Miller of Shaftsbury
Milne of Washington
Molloy of Arlington
Moore of Rutland City
Morrissey of Bennington
Nelson of Ryegate
Nuovo of Middlebury
Osman of Plainfield
Paquin of Fairfax
Parizo of Essex
Perry of Richford
Poirier of Barre City
Pugh of South Burlington
Ranney of Castleton
Rivero of Milton
Robb of Swanton
Rose of Williston
Rusten of Halifax
Scribner of Middlesex
Seibert of Norwich
Sheltra of Derby
Simpers of Colchester
Sinnott of Bennington
Smith of Sudbury
Snyder of Pittsford
Soboleski of Rockingham
Steele of Waterbury
Suchmann of Chester
Sullivan of Burlington
Sweaney of Windsor
Symington of Jericho
Tracy of Burlington
Valsangiacomo of Barre City
Vincent of Waterbury
Vinton of Colchester
Voyer of Morristown
Waite of Pawlet
Walker of Brownington
Weiss of Northfield
Wheeler of Burlington
Willett of St. Albans City
Woodward of Johnson
Young of Orwell
Zuckerman of Burlington
Those members absent with leave of the House and not voting are:
Lehman of Hartford
Palmer of Pownal
The recurring question, Shall the House amend the recommendation of proposal of amendment of the committee on Judiciary in the first, second and fourth through twelfth recommendations of amendment offered by Rep. McNamara of Burlington, was disagreed to.
The recurring question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Judiciary, as amended? was agreed to and third reading ordered.
Senate Proposal of Amendment Concurred in with an amendment
and Messaged to Senate Forthwith
H. 637
The Senate proposes to the House to amend House bill, entitled
An act providing adjustments in the amount appropriated for the support of goverment;
First: In Sec. 6, page 4, by striking out lines 6 and 7 in their entirety and inserting in lieu thereof the following:
Of the above appropriation, $20,000.00 shall be used to support the New England dairy compact.
Second: In Sec. 11, page 7, lines 15 and 16, by striking out the following: "campaign financing, educational funding, and tobacco" and inserting in lieu thereof the word complex
Third: On page 10, after line 10, by adding a new section to be numbered Sec. 14a to read as follows:
Sec. 14a. Defender General Transfer Authority
Notwithstanding 32 V.S.A. § 706, the Defender General shall have the authority to transfer up to $100,000.00 from Assigned Counsel to Public Defense. In the event of such a transfer, the Defender General shall submit a written statement to the Secretary of Administration and the Joint Fiscal Committee as to cost savings and efficiencies which will be achieved by said transfer.
Fourth: In Sec. 15, page 10, by striking out the figure "478,205" and inserting in lieu thereof the figure 457,145 and on line 17, by striking out the figure "643,805" and inserting in lieu thereof the figure 622,745 and on page 11, line 2,by striking out the figure "392,730" and inserting in lieu thereof the figure 371,670 and on line 6, by striking out the figure "643,805" and inserting in lieu thereof the figure 622,745
Fifth: In Sec. 15a, page 11a, paragraph (b), by striking out the figure "$25,000.00" and inserting in lieu thereof the figure $20,000.00
Sixth: On pages 11 and 12, by striking out Sec. 17 in its entirety.
Seventh: On pages 12 and 13, by striking out Sec. 19 in its entirety.
Eighth: In Sec. 21, page 14, lines 10 and 19, by striking out the figure "113,446,582" and inserting in lieu thereof the figure 113,449,432 and on line 12, by striking out the figure "37,849,537" and inserting in lieu thereof the figure 37,852,387
Ninth: In Sec. 24, page 17, line 6, by striking out the figure "19,692,899" and inserting in lieu thereof the figure 18,780,499 and on line 7, by striking out the figure "29,569,516" and inserting in lieu thereof the figure 30,481,916
Tenth: In Sec. 28, page 20, line 19, by striking out the figure "17,101,499" and inserting in lieu thereof the figure 17,451,499 and on line 21, by striking out the figure "18,280,019" and inserting in lieu thereof the figure 18,630,019 and on page 21, line 2, by striking out the figure "7,522,273" and inserting in lieu thereof the figure 7,022,273 and on line 4, by striking out the figure "10,682,746" and inserting in lieu thereof the figure 11,532,746 and on line 6, by striking out the figure "18,280,019" and inserting in lieu thereof the figure 18,630,019
Eleventh: In Sec. 33, page 27, lines 10 and 17, by striking out the figure "9,750,133" and inserting in lieu thereof the figure 9,930,133 and on line 7, by striking out the figure "7,806,029" and inserting in lieu thereof the figure 7,986,029 and on line 12, by striking out the figure "3,890,300" and inserting in lieu thereof the figure 4,070,300
Twelfth: In Sec. 35, page 29, lines 2 and 12, by striking out the figure "744,481,073" and inserting in lieu thereof the figure 745,011,073 and on line 4, by striking out the figure "263,467,837" and inserting in lieu thereof the figure 262,235,437 and on line 6, by striking out the figure "405,136,035" and inserting in lieu thereof the figure 406,898,435
Thirteenth: In Sec. 40, page 32, lines 6 through 8, by striking out the last sentence in its entirety and inserting in lieu thereof a new sentence to read as follows:
Overpayments to school districts resulting from corrections to the information during this time, and differences between actual increases due and any 1998prorated payments, shall be adjusted in aid due these districts in fiscal year 1999.
Fourteenth: In Sec. 50, page 39, line 5, by striking out the figure "23,637,064" and inserting in lieu thereof the figure 23,671,871 and on line 7, by striking out the figure "23,882,341" and inserting in lieu thereof the figure 23,917,148 and on line 17, by striking out the figure "995,900" and inserting in lieu thereof the figure 930,955 and on page 40, line 2, by striking out the figure "4,068,014" and inserting in lieu thereof the figure 4,165,431 and on line 8, by striking out the figure "42,247,174" and inserting in lieu thereof the figure 42,279,646 and on lines 9 and 14, by striking out the figure "66,129,515" and inserting in lieu thereof the figure 66,196,794 and on line 11, by striking out the figure "65,968,341" and inserting in lieu thereof the figure 66,035,620
Fifteenth: In Sec. 51, page 40, line 17, by striking out the figure "1,276,292" and inserting in lieu thereof the figure 1,241,485 and on page 41, line 7, by striking out the figure "37,041" and inserting in lieu thereof the figure 4,569 and on line 9, by striking out the figure "2,694,041" and inserting in lieu thereof the figure 2,661,569 and on lines 10 and 12, by striking out the figure "3,970,333" and inserting in lieu thereof the figure 3,903,054
Sixteenth: In Sec. 52, page 41, line 16, by striking out the figure "66,049,164" and inserting in lieu thereof the figure 66,116,443 and on line 17, by striking out the figure "3,970,333" and inserting in lieu thereof the figure 3,903,054
Seventeenth: In Sec. 55, page 43, by striking out line 13 in its entirety and at the end of lines 15, 18, 19 and 21, by inserting the word (approx.) and on page 44 at the end of line 2, by inserting the word (approx.) and on page 45, after line 1, by adding a new subdivision (d) to read as follows:
(d) $300,000.00 in the State lottery fund (appropriation #0809910200) shall be held in reserve and transferred to the Education Fund (created by 16 V.S.A. § 4025) in fiscal year 1999.
Eighteenth: In Sec. 57, page 45, lines 9 through 20, by striking out subdivision (a) in its entirety and inserting in lieu thereof a new subdivision (a) to read as follows:
(a) The following general fund amounts are appropriated in fiscal year 1998:
(1) To the department of personnel (appropriation 18,695 #0601040300) "personnel -VCOP reimbursements") for
transfer to the department of employment and training
torecover unreimbursed VCOP program costs.
(2) To the Secretary of State, for conservation of the 5,000
Allen papers.
(3) To the department of public safety, for the purchase 100,000
of armored vests.
(4) To the department of agriculture, for a milk grading 25,000
unit.
(5) To the Judiciary, for court security improvements. 50,000
(6) To the governor’s commission on the status 16,000
of women, for printing and distribution costs.
(7) To the department of fish and wildlife, for 80,000
high caliber bullet resistant vests.
(8) To the secretary of commerce and community 300,000
development, for the Vermont labor training program.
(9) To the department of development and community 609,330
affairs, for remediation of flood damage. Of this amount,
$200,000.00 shall be used for the emergency livestock feed
program, $380,000.00 to match NRCS, $9,330.00 to
provide reimbursement to the National Guard for costs incurred
and $20,000.00 for continued staffing of Montgomery
Emergency Command Center.
(10) To the agency of transportation, for State 120,000
Infrastructure Banks (SIBs) as established by 10 V.S.A.
Chapter 12, subchapter 11.
and on page 46, subdivision (b)(2), on line 7, by striking out the figure "$2,739,836.00" and inserting in lieu thereof the figure $1,939,836.00 and after line 12, by adding a new subsection to be lettered subsection (c) to read as follows:
(c) The following federal fund amount is appropriated in fiscal year 1998:
(1) To the department of developmental and mental 578,967
health services, for a DDMHS management information system.
Nineteenth: On page 52, after line 4, by adding two new sections to be numbered Sec. 69a and 69b to read as follows:
Sec. 69a. 10 V.S.A. §531 is amended to read:
§ 531. Employment training
(a) The secretary of commerce and community development may *[contract with]* issue grants to any employer, consortium of employers, or contract with providers of training, either individuals or organizations, as necessary, to conduct training under the following circumstances:
(1) when *[contracting with]* issuing grants to an employer or consortium of employers, the employer promises *[in the contract]* as a condition of the grant to increase employment or provide training to enhance employment stability at an existing or expanded eligible facility within the state where eligible facility is defined as in 10 V.S.A. § 212(6) relating to Vermont economic development authority, or the employer or consortium of employers promises to open an eligible facility within the state which will employ persons; and
(2) training is required for potential employees, new employees, or long-standing employees in the methods, either singularly or in combination relating to pre-employment training, on-the-job training, upgrade training and crossover training, or specialized instruction, either in-plant or through a training provider.
(b) The secretary of commerce and community development shall find in the grant or contract that:
* * *
(c) The employer promises *[in the contract]* as a condition of the grant to:
(1) employ persons at a wage which, at the completion of the training program, is two times the prevailing state or federal minimum wage, whichever is greater, reduced by the value of any existing health benefit package up to a limit of 15 percent of the gross program wage, or for existing employees, to increase the wage to two times the prevailing state and federal minimum wage, whichever is greater, reduced by the value of any existing health benefit package up to a limit of 15 percent of the gross program wage, upon completion of training; provided, however, that in areas defined by the secretary of commerce and community development in which the secretary finds that the rate of unemployment is 50 percent greater than the average for the state, the wage rate under this subsection may be set by the secretary at a rate no less than one and one-half times the federalor state minimum wage, whichever is greater;
* * *
(d) In issuing a grant or entering a contract for the conduct of training under this section, the secretary of commerce and community development shall first consult with: the commissioner of education regarding vocational-technical education; the commissioner of employment and training regarding apprenticeship programs, on-the-job training programs, and recruiting through Vermont Job Service and available federal training funds; *[the commissioner of labor and industry regarding apprenticeship and on-the-job training programs;]* and the commissioner of social welfare regarding welfare to work priorities; and the University of Vermont and the Vermont state colleges.
Sec. 69b. 32 V.S.A. §1010(e) is amended to read:
(e) The governor may authorize per diem compensation and expense reimbursement in accordance with this section for members of boards and commissions, including temporary study commissions, created by executive order. By January 15th of each year, the secretary of administration shall report to the general assembly*[ on the use of such funds]* a list of all such boards and commissions that are authorized to receive per diem compensation.
Twentieth: In Sec. 70, page 52, line 10, by striking out the word "administrative" and on pages 52 and 53, by striking out subsection (c) in its entirety.
And by renumbering all of the sections of the bill to be numerically correct (including internal references) and adjusting all of the totals to be numerically correct.
Pending the question, Shall the House concur with the Senate proposal of amendment? Rep. Fox of Essex moved the House concur with the Senate proposal of amendment with the following amendment thereto:
First: By striking out the third proposal of amendment its entirety and inserting in lieu thereof a new third amendment to read as follows:
Third: On page 10, after line 10, by adding a new section to be numbered Sec. 14a to read as follows:
Sec. 14a. Defender General Transfer
$75,000.00 shall be transferred from the Assigned Counsel appropriation to Public Defense appropriation.
Second: In the ninth proposal of amendment by striking out the figure "18,780,499" and inserting in lieu thereof the figure 19,380,499 and by striking out the figure "30,481,916" and inserting in lieu thereof the figure 29,881,916
Third: In the twelfth proposal of amendment by striking out the figure "262,235,437" and inserting in lieu thereof the figure 262,835,437 and by striking out the figure "406,898,435" and inserting in lieu thereof the figure 406,298,435
Which was agreed to.
On motion of Rep. Freed of Dorset, the rules were suspended and the bill was ordered messaged to the Senate forthwith.
Adjournment
At five o’clock and five minutes in the afternoon, on motion of Rep. Clark of St. Johnsbury, the House adjourned.