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NO. 116. AN ACT RELATING TO CHILDREN, ALCOHOL AND SAFETY.

(H.566)

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

Sec. 1. 7 V.S.A. § 501(g) and (h) are amended to read:

(g) Social host. *[Nothing]*

(1) Except as set forth in subdivision (2) of this subsection, 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]* subdivision shall not be construed to limit or otherwise affect the liability of a social host for negligence at common law.

(2) A social host who knowingly furnishes intoxicating liquor to a minor may be held liable under this section if the social host knew, or a reasonable person in the same circumstances would have known, that the person who received the intoxicating liquor was a minor.

(h) *[Definition]* Definitions. 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) “Social host” means a person who is not the holder of a liquor license and is not required under this title to hold a liquor license.

Sec. 2. 23 V.S.A. § 1201(a)(1) is amended to read:

(a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:

(1) when the person's alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or

Approved: May 18, 2000