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House Calendar

WEDNESDAY, JANUARY 23, 2008

16th DAY OF ADJOURNED SESSION

House Convenes at 1:00 P M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Third Reading

H. 599  Boating and Driving While Intoxicated................................................. 68

          Rep. Lavoie of Swanton Amendment...................................................... 68

 

Committee Bill for Second Reading

H. 644  Debt Financing for VT Housing Finance Agency.................................. 70                    Rep. Howrigan of Fairfield for General, Housing and Military Affairs

 

Favorable with Amendment

H. 563  Uniform Commercial Code ................................................................. 70

          Rep. Larrabee of Danville for Commerce

 

 

 


 

ORDERS OF THE DAY

ACTION CALENDAR

Third Reading

H. 599

     An act relating to boating while intoxicated and driving while intoxicated.

Amendment to be offered by Rep. Lavoie of Swanton to H. 599

Moves to amend the bill by adding new Secs. 8 -12 to read as follows:

Sec. 8.  23 V.S.A. § 303 is amended to read:

§ 303.  APPLICATION REQUIRED

(a)  The commissioner or his or her duly authorized agent shall register a motor vehicle, trailer, or semi-trailer when application therefor, on a form prescribed by the commissioner, showing such motor vehicle to be properly equipped and in good mechanical condition, is filed with him or her, accompanied by the required registration fee, the proof of financial responsibility required under section 800 of this title, and evidence of the applicant's ownership of the vehicle in such form as the commissioner may reasonably require.  Except for state or municipal vehicles, registrants and titled owners shall be identical.

(b)  An application for registration may be refused by the commissioner if it is not accompanied by proof of payment of the use tax imposed by section Section 4481 of the Internal Revenue Code of 1986 in such form as may be prescribed by the Secretary of the Treasury or in another form acceptable to the commissioner in the case of vehicles which are subject to the tax.

(c)  An application for registration shall be refused by the commissioner if the applicant’s license or learner’s permit is suspended or revoked in any jurisdiction. 

Sec. 9.  23 V.S.A. § 1130 is amended to read:

§ 1130.  PERMITTING UNLICENSED PERSON TO OPERATE

(a)  No person shall knowingly employ, as operator of a motor vehicle, a person not licensed as provided in this title.

(b)(1)  No person shall knowingly permit a motor vehicle owned by him or her or under his or her control to be operated by a person who has no legal right to do so, or in violation of a provision of this title.

(2)  If the death of any person results from a violation of subdivision (1) of this subsection, or if serious bodily injury as defined in 13 V.S.A.

§ 1021(2) results to any person other than the operator from the violation, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not more than two years, or both.  The provisions of this subdivison do not limit or restrict prosecutions for manslaughter.

Sec. 10.  23 V.S.A. § 1210 is amended to read:

§ 1210.  PENALTIES

* * *

(d)  Third or subsequent offense.  A person convicted of violating section 1201 of this title who has twice been convicted of violation of that section shall be fined not more than $2,500.00 or imprisoned not more than five years, or both.  At least 400 hours of community service shall be performed, or 100 consecutive hours six months of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol facility pursuant to sentence if the program is successfully completed.

(e)(1)  Death resulting.  If the death of any person results from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $10,000.00 or imprisoned not less than one year nor more than 15 years, or both.  The provisions of this subsection do not limit or restrict prosecutions for manslaughter.

(2)  A sentence ordered pursuant to this subsection shall include at least a five‑year term of imprisonment.  The five-year term of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence.  The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year term of imprisonment.

* * *

Sec. 11.  23 V.S.A. § 1212 is amended to read:

§ 1212.  CONDITIONS OF RELEASE AND PAROLE; ARREST UPON

       VIOLATION

* * *

(d)  A law enforcement officer or a corrections officer who observes a person violating a condition of parole requiring that the person not operate a motor vehicle may promptly arrest the person for violating the condition and shall detain the person pursuant to section 551 of Title 28.  The officer shall immobilize the vehicle and immediately notify the parole board of the suspected violation.  If the parole board determines pursuant to section 552 of Title 28 that a parole violation has occurred, the board shall notify the state’s attorney in the county where the violation occurred, who shall institute forfeiture proceedings against the vehicle under section 1213c of this title as soon as practicable.

Sec. 12.  23 V.S.A. § 1213b is amended to read:

§ 1213b.  FORFEITURE OF VEHICLE

At the time of sentencing after a third or subsequent conviction under section 1201 of this title, or upon a determination by the parole board that a person has violated a condition of parole requiring that the person not operate a motor vehicle, 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 or parolee at the time of the offense forfeited and sold as provided in section 1213c of this title.

Committee Bill for Second Reading

H. 644

An act relating to debt financing for the Vermont Housing Finance Agency.

(Rep. Howrigan of Fairfield will speak for the Committee on General, Housing and Military Affairs.)

Favorable with Amendment

H. 563

     An act relating to the uniform commercial code.

Rep. Larrabee of Danville, for the Committee on Commerce, recommends the bill be amended in Sec. 2, 9 V.S.A. § 1-108, by striking

(15 U.S.C. section 103(b))” and inserting in lieu thereof “(15 U.S.C. section 7003(b))

(Committee vote: 10-0-1)

 

 

 

 

 

HOUSE RULES COMMITTEE MEETING

 

          Wednesday, January 23, 2008,  4:00 p.m.    Room 10

Agenda

1.     Change of jurisdiction of Agriculture committee to include Forestry matters

  1. Update on Statehouse security
  2. Other Business

PUBLIC HEARINGS

     Wednesday, January 23, 2008 – 6:00 – 8:00 PM;  Room 11 – Senate Committee on Judiciary – S. 238 Regulating Drugs: Marijuana; S. 250 DrugTrafficking

Deadline for Introducing Bills

     Pursuant to Rule 40(b) of the Rules and Orders of the Vermont House of Representatives, during the second year of the biennium, except with the prior consent of the Committee on Rules, no member may introduce a bill into the House drafted in standard form after the last day of January.

     In order to meet this deadline all bills must be signed out with the Legislative Council no later than the close of business on Thursday, January 31, 2008.

     Pursuant to Rule 40(c) during the second year of the biennium, except with the prior consent of the Committee on Rules, no committee, except the Committees on Appropriations, Ways and Means or Government Operations, may introduce a bill drafted in standard form after the last day of March.  The Committees on Appropriations, Ways and Means bills may be drafted in standard form at any time, and Government Operations bills, pertaining to city and/or town charter changes, may be drafted in standard form at any time.

 



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