Friday, April 25, 2008 1253
Journal of the Senate
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Friday, April 25, 2008
The Senate was called to order by the President.
Devotional Exercises
Devotional exercises were conducted by Senior Buddhist Teacher Michael Greenleaf of Barnet.
Message from the House No. 60
A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has passed a bill of the following title:
H. 896. An act relating to balancing the transportation budget and repairing deteriorating roads.
In the passage of which the concurrence of the Senate is requested.
The House has considered Senate proposal of amendment to House bill of the following title:
H. 884. An act relating to ensuring quality in prekindergarten education programs offered by or through school districts.
And has concurred therein with proposal of amendment in the adoption of which the concurrence of the Senate is requested.
Pursuant to the requests of the Senate for Committees of Conference upon the disagreeing votes of the two Houses on Senate bills of the following titles, the Speaker has appointed as members of such committees on the part of the House:
S. 241. An act relating to the special veteran and gold star registration plates.
Rep. Masland of Thetford
Rep. Scheuermann of Stowe
Rep. Fitzgerald of St. Albans City
S. 342. An act relating to Lake Champlain commemorative motor vehicle plates.
Rep. Brennan of Colchester
Rep. Potter of Clarendon
Rep. Audette of South Burlington
Bill Referred to Committee on Appropriations
House bill of the following title, appearing on the Calendar for notice, and carrying an appropriation or requiring the expenditure of funds, under the rule, was referred to the Committee on Appropriations:
H. 812.
An act relating to ensuring educational continuity for pregnant and parenting students.
Bill Referred
House bill of the following title was read the first time and referred:
H. 896.
An act relating to balancing the transportation budget and repairing deteriorating roads.
To the Committee on Rules.
Message from the Governor
Appointments Referred
A message was received from the Governor, by Dennise R. Casey, Secretary of Civil and Military Affairs, submitting the following appointments, which were referred to committees as indicated:
David A. Jenkins of Burlington - Member of the Board of Medical Practice, - from April 21, 2008, to December 31, 2008.
To the Committee on Health and Welfare.
Ragon Willmuth, MD of Burlington - Member of the Board of Health, - from April 22, 2008, to February 28, 2011.
To the Committee on Health and Welfare.
Willima K. Hoser, PA-C of Chester - Member of the Board of Health, - from April 22, 2008, to December 31, 2009.
To the Committee on Health and Welfare.
Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposal of Amendment
H. 599.
Senator Sears, for the Committee on Judiciary, to which was referred House bill entitled:
An act relating to boating while intoxicated and driving while intoxicated.
Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. LEGISLATIVE INTENT
It is the intent of the general assembly in this act to address, among other issues, the Vermont supreme court’s decisions in State v. LaBounty, 2005 VT 124, and State v. Martin, 2007 VT 96. In LaBounty, the court held that if more than one person was injured, an offender could be charged with only one count of grossly negligent operation of a motor vehicle with injury resulting. Similarly, the court held in Martin that if more than one person was killed, an offender could be charged with only one count of boating while intoxicated with death resulting. In this act, the general assembly responds to Martin and LaBounty by amending several motor vehicle statutes to permit an offender to be charged with a separate count of violating the statute for each person who was killed or injured as a result of the offense.
Sec. 2. 23 V.S.A. § 1091(b) is amended to read:
(b) Grossly negligent operation.
(1) A person who operates a motor vehicle on a public highway in a grossly negligent manner shall be guilty of grossly negligent operation.
(2) The standard for a conviction for grossly negligent operation in violation of this subsection shall be gross negligence, examining whether the person engaged in conduct which involved a gross deviation from the care that a reasonable person would have exercised in that situation.
(3) A person who violates this subsection shall be imprisoned not more than two years or fined not more than $5,000.00, or both. If the person has previously been convicted of a violation of this section, the person shall be imprisoned not more than four years or fined not more than $10,000.00, or both. If serious bodily injury as defined in section 1021 of Title 13 or death of any person other than the operator results, the person shall be imprisoned for not more than 15 years or fined not more than $15,000.00, or both. If serious bodily injury or death results to more than one person other than the operator, the operator may be convicted of a separate violation of this subdivision for each decedent or person injured.
Sec. 3. 23 V.S.A. § 1133 is amended to read:
§ 1133. ATTEMPTING TO ELUDE A POLICE OFFICER
(a) No operator of a motor vehicle shall fail to bring his or her vehicle to a stop when signaled to do so by an enforcement officer:
(1) displaying insignia identifying him or her as such; or
(2) operating a law enforcement vehicle sounding a siren and displaying a flashing blue or blue and white signal lamp.
(b)(1) A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.
(2)(A) In the event that death or serious bodily injury to any person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator shall be imprisoned for not more than five years or fined not more than $3,000.00, or both.
(B) If death or serious bodily injury to more than one person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator may be convicted of a separate violation of this subdivision for each decedent or person injured.
(c) In a prosecution under this section, the operator may raise as an affirmative defense, to be proven by a preponderance of the evidence, that the operator brought his or her vehicle to a stop in a manner, time, and distance that was reasonable under the circumstances.
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Sec. 4. 23 V.S.A. § 1201 is amended to read:
§ 1201. OPERATING VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR OTHER SUBSTANCE; CRIMINAL REFUSAL
(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
(2) when the person is under the influence of intoxicating liquor; or
(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely; or
(4) when the person’s alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle as defined in subdivision 4103(4) of this title.
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(e) A person may not be convicted of more than one offense under violation of subsection (a) of this section arising out of the same incident.
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Sec. 5. 23 V.S.A. § 1210 is amended to read:
§ 1210. PENALTIES
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(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) If the death of more than one person results from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.
(f)(1) Injury resulting. If serious bodily injury, as defined in 13 V.S.A. § 1021(2), results to any person other than the operator from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $5,000.00, or imprisoned not less than one year nor more than 15 years, or both.
(2) If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured.
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Sec. 6. 23 V.S.A. § 3317 is amended to read:
§ 3317. PENALTIES
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(d) Boating while intoxicated; privilege suspension. Any person who is convicted of violating section 3323 of this title shall have his or her privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, suspended for a period of one year and until the person complies with section 1209a of this title.
(e) Boating while intoxicated; criminal penalty. Any person who violates a provision of section 3323 of this title shall be imprisoned for not more than one year and subject to the following fines:
(1) for a first offense, not less than $200.00 nor more than $750.00;
(2) for a second or subsequent offense, not less than $250.00 nor more than $1,000.00.
(f)(1)(A) Boating while intoxicated; death resulting. If the death of any person results from the violation of section 3323 of this title, the person convicted shall, instead of any other penalty imposed in this section, be imprisoned not less than one year nor more than five 15 years or fined not more than $2,000.00 $10,000.00,or both; but the provisions of this section shall not be construed to limit or restrict prosecutions for manslaughter.
(B) If the death of more than one person results from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.
(2)(A) Boating while intoxicated; serious bodily injury resulting. If serious bodily injury, as defined in 13 V.S.A. § 1021(2), results to any person other than the operator from a violation of section 3323 of this title, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not more than 15 years, or both.
(B) If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured.
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Sec. 7. 23 V.S.A. § 3323 is amended to read:
§ 3323. OPERATING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; B.W.I.
(a) A person shall not operate, attempt to operate, or be in actual physical control of a vessel on the waters of this state while:
(1) there is 0.08 percent or more by weight of alcohol in his or her blood, as shown by analysis of his or her breath or blood; or
(2) under the influence of intoxicating liquor; or
(3) under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of operating safely.
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(e) A person may not be convicted of more than one offense under violation of subsection (a) of this section arising out of the same incident.
Sec. 8. 9 V.S.A. chapter 82 is added to read:
CHAPTER 82. SCRAP METAL PROCESSORS
§ 3021. DEFINITIONS
As used in this chapter:
(1) “Authorized scrap seller” means a licensed plumber, electrician, HVAC contractor, building or construction contractor, demolition contractor, construction and demolition debris contractor, public utility, transportation company, licensed peddler or broker, an industrial and manufacturing company; marine, automobile, or aircraft salvage and wrecking company, or a government entity.
(2) “Ferrous scrap” means any scrap metal consisting primarily of iron, steel, or both, including large manufactured articles such as automobile bodies that may contain other substances to be removed and sorted during normal processing operations of scrap metal.
(3) “Metal article” means any manufactured item consisting of metal that is usable for its originally intended purpose without processing, repair, or alteration, including railings, copper or aluminum wire, copper pipe and tubing, bronze cemetery plaques, urns, markers, plumbing fixtures, and castiron radiators.
(4) “Nonferrous scrap” means any scrap metal consisting primarily of metal other than iron or steel, and does not include aluminum beverage cans, post-consumer household items, items removed during building renovations or demolitions, or large manufactured items containing small quantities of nonferrous metals such as automobile bodies and appliances.
(5) “Proprietary article” means any of the following:
(A) Any metal article stamped, engraved, stenciled, or marked as being or having been the property of a governmental entity, public utility, or a transportation, shipbuilding, ship repair, mining, or manufacturing company.