SENATE PROPOSAL OF AMENDMENTH.397
2004Page 1
H.397
AN ACT RELATING TO THE OPERATION OF SNOWMOBILES
The Senate proposes to the House to amend the bill as follows:
First: By adding a new section, to be numbered Sec. 3, to read as follows:
Sec. 3. 23 V.S.A. §3206(b)(9) is amended to read:
(9)(A) In any manner intended or could reasonably be expected to harass, drive or pursue any wildlife; or
(B) In any manner intended to cause an animal undue pain or suffering.
Second: In Sec. 4, 23 V.S.A. § 3206(b)(22)(C) and (23)(C), in both instances by striking out “or emergency use by fire service personnel” and by adding before the words “or private individuals” the following: emergency use by fire service personnel defined in 20 V.S.A. § 3151,
Third: By striking out Sec. 5 in its entirety and inserting in lieu thereof the following:
Sec. 5. 23 V.S.A. § 3207 is amended to read:
§ 3207. PENALTIES AND REVOCATION OF REGISTRATION; SWI;
PRIVILEGE; SUSPENSION; CRIMINAL PENALTY
* * *
(c) A person who violates any of the following sections of this title shall be subject to a fine of $110.00$135.00 for each violation:
§ 3202,operation of an unregistered snowmobile
§ 3204(b),misuse of manufacturer’s/seller’s registration
§ 3205(a),alterations made to headlight lenses
§ 3206(a),permitting operation of an unregistered
snowmobile
§ 3206(b)(5),private land or private body of water
§ 3206(b)(6),natural area
§ 3206(b)(17),operation of a snowmobile in an unreasonable
manner
§ 3206(b)(18)(D),failure to display commercial identification
§ 3206(b)(19),liability insurance
§ 3206(b)(20),trail access limited
§ 3206(b)(21),failure to wear proper protective headgear
(d) A person who violates any of the following sections of this title shall be subject to a fine of $300.00 for each violation:
§ 3204(b)misuse of manufacturer’s/seller’s registration
§ 3205(b)operation with an improper muffling device
§ 3206(b)(5)private land or private body of water
§ 3206(b)(10)harassing wildlife
§ 3206(b)(13)reckless operation
§ 3206(b)(16)operation after privilege suspended
§ 3206(b)(17)operation after privilege suspendedof a
snowmobile in unreasonable manner
§ 3206(b)(19)(C)§ 3206(b)(18)(C)display of improper TMA by a
snowmobile used in a commercial operation
§ 3206(b)(18)(D)failure to display commercial identification
§ 3209defacing numbers on snowmobiles
§ 3209adefacing trail signs
§ 3211leaving scene of an accident
§ 3212attempting to elude law enforcement officer
(e)(1) Snowmobiling while intoxicated; privilege suspension. Any person who is convicted of violating section 3207a of this title shall have his or her privilege to operate a snowmobile suspended for a period of one year and until the person complies with section 1209a of this title.
(2) Snowmobiling while intoxicated; criminal penalty. Any person who violates a provision of section 3207a of this title shall be imprisoned for not more than six months or shall be subject to the following fines, or both:
(A) for a first offense, not less than $100.00 nor more than $300.00;
(B) for a second or subsequent offense, not less than $250.00 nor more than $1,000.00.
(3) Snowmobiling while intoxicated; serious bodily injury or death resulting. If the death or serious bodily injury of any person results from the violation of section 3207a of this title, the person convicted shall, instead of any other penalty imposed in this section, be imprisoned not more than five years or fined not more than $2,000.00, or both; but the provisions of this section shall not be construed to limit or restrict prosecutions for manslaughter.
A person who violates any of the following sections of this title shall be subject to a fine of up to $500.00 for each violation:
§ 3205(b)operation with an improper muffling device
§ 3206(b)(19)liability insurance
§ 3206(b)(22) and (23) operation of a snowmobile in closed or open
season
§ 3206(b)(9)(A)harassing wildlife
(f) A person who violates any of the following provisions of this title shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. If the person has been previously convicted of the same violation, the person shall be imprisoned for not more than two years or fined not more than $3,000.00, or both:
§ 3206(b)(9)(B)intentionally causing animal pain or suffering
§ 3206(b)(12)reckless operation
§ 3211leaving scene of an accident
§ 3212attempting to elude law enforcement officer
(f)(g) Defective, stolen, or fraudulently registered snowmobile; registration revocation or suspension. The commissioner of motor vehicles or his or her authorized agent may suspend or revoke the registration of any snowmobile registered in this state and repossess the number and certificate to it, when he or she is satisfied that:
(1) a snowmobile has been stolen;
(2) the registrant is not the legal owner;
(3) a snowmobile is operated without proper equipment after the owner has been notified by a law enforcement officer to procure and use such equipment as is required by law or department rules; or
(4) the owner of a snowmobile has perpetrated some fraud upon the department of motor vehicles.
(g)(h) Fines established under this section shall be mandatory, and may not be reduced.
And by renumbering the remaining sections to be numerically correct.