Docstoc

Automobile Bill of Sale Template - DOC

Document Sample
Automobile Bill of Sale Template - DOC Powered By Docstoc
					AS PASSED BY HOUSE AND SENATE                                                H.599
2008                                                                         Page 1

                                      H.599


   AN ACT RELATING TO BOATING WHILE INTOXICATED AND
   DRIVING WHILE INTOXICATED

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

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

                                                                    www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                                 H.599
2008                                                                          Page 2

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.

                                                                     www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                                 H.599
2008                                                                          Page 3

       (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.

                                       ***

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

                                                                     www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                                 H.599
2008                                                                          Page 4

       (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.

                                       ***

   (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. 5. 23 V.S.A. § 1210 is amended to read:

§ 1210. PENALTIES

                                       ***

   (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.

                                                                     www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                                  H.599
2008                                                                           Page 5

   (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.

                                       ***

Sec. 6. 23 V.S.A. § 3317 is amended to read:

§ 3317. PENALTIES

                                       ***

   (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;

                                                                      www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                                 H.599
2008                                                                          Page 6

      (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.

                                       ***

Sec. 7. 23 V.S.A. § 3323 is amended to read:

                                                                     www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                                  H.599
2008                                                                           Page 7

§ 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.

                                       ***

   (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. 20 V.S.A. § 2358 is amended to read:

§ 2358. MINIMUM TRAINING STANDARDS

   (a) Unless waived by the council under standards adopted by rule, and

notwithstanding any statute or charter to the contrary, no person shall exercise

law enforcement authority:

      (1) as a part-time law enforcement officer without completing a basic

training course within a time prescribed by rule of the council; or

      (2) as a full-time law enforcement officer without either:




                                                                      www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                                H.599
2008                                                                         Page 8

         (A) completing a basic training course in the time and manner

prescribed by the council; or

         (B) having received, before July 1, 1968, permanent full-time

appointment as a law enforcement officer, and completing a basic training

course before July 1, 1982.

      (3) as a full or part-time law enforcement officer without completing

annual in-service training requirements as prescribed by the council.

   (b) All programs required by this section shall be approved by the council.

Completion of a program shall be established by a certificate to that effect

signed by the executive director of the council.

   (c) For the purposes of this section:

      (1) “Law enforcement officer” means a member of the department of

public safety who exercises law enforcement powers, a member of the state

police, a municipal police officer, a constable who exercises law enforcement

powers, a motor vehicle inspector, an employee of the department of liquor

control who exercises law enforcement powers, an investigator employed by

the secretary of state, board of medical practice investigators employed by the

department of health, attorney general or a state’s attorney, a fish and game

warden, a sheriff, or deputy sheriff who exercises law enforcement powers, or

a railroad police officer commissioned pursuant to 30 V.S.A. chapter 45,

subchapter 8.




                                                                    www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                               H.599
2008                                                                        Page 9

      (2) “Full-time law enforcement officer” means a law enforcement

officer with duties of a predictable and continuing nature which require more

than 32 hours per week and more than 25 weeks per year.

      (3) “Part-time law enforcement officer” means a law enforcement

officer who is not employed full time.

   (d) The council may determine whether a particular position is full time or

part time. Any requirements in this section shall be optional for any elected

official.

Sec. 9. 24 V.S.A. § 1936a is amended to read:

§ 1936a. CONSTABLES; POWERS AND QUALIFICATIONS

   (a) A town may vote at a special or annual town meeting:

      (1) to prohibit constables from exercising any law enforcement

authority; or

      (2) to prohibit constables from exercising any law enforcement authority

without having successfully completed a course of training under chapter 151

of Title 20.

                                     ***

Sec. 10. 9 V.S.A. chapter 82 is added to read:

                CHAPTER 82. SCRAP METAL PROCESSORS

§ 3021. DEFINITIONS

   As used in this chapter:




                                                                   www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                                H.599
2008                                                                        Page 10

      (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

cast-iron 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:




                                                                     www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                               H.599
2008                                                                       Page 11

         (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.

         (B) Any hard-drawn copper electrical conductor, cable, or wire

greater than 0.375 inches in diameter, stranded or solid.

         (C) Any aluminum conductor, cable, or wire greater than 0.75 inches

in diameter, stranded or solid.

         (D) Metal beer kegs.

         (E) Manhole covers.

         (F) Catalytic converters.

      (6) “Scrap metal” means any manufactured item or article that contains

metal.

      (7) “Scrap metal processor” means a person authorized to conduct a

business that processes and manufactures scrap metal into prepared grades for

sale as raw material to mills, foundries, and other manufacturing facilities.

§ 3022. PURCHASE OF NONFERROUS SCRAP, METAL ARTICLES,

         AND PROPRIETARY ARTICLES

   (a) A scrap metal processor may purchase nonferrous scrap, metal articles,

and proprietary articles directly from an authorized scrap metal seller or the

seller’s authorized agent or employee.

   (b) A scrap metal processor may purchase nonferrous scrap, metal articles,

and proprietary articles from a person who is not an authorized scrap metal

                                                                    www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                                  H.599
2008                                                                          Page 12

seller or the seller’s authorized agent or employee, provided the scrap

processor complies with all the following procedures:

      (1) At the time of sale, requires the seller to provide a current

government-issued photographic identification that indicates the seller’s full

name, current address, and date of birth, and records in a permanent ledger the

identification information of the seller, the time and date of the transaction, the

license number of the seller’s vehicle, and a description of the items received

from the seller. This information shall be retained for at least five years at the

processor’s normal place of business or other readily accessible and secure

location. On request, this information shall be made available to any law

enforcement official or authorized security agent of a governmental entity who

provides official credentials at the scrap metal processor’s business location

during regular business hours.

      (2) Requests documentation from the seller of the items offered for sale,

such as a bill of sale, receipt, letter of authorization, or similar evidence that

establishes that the seller lawfully owns the items to be sold.

      (3) After purchasing an item from a person who fails to provide

documentation pursuant to subdivision (2) of this subsection, submits to the

local law enforcement agency no later than the close of the following business

day a report that describes the item and the seller’s identifying information

required in subdivision (1) of this subsection, and holds the proprietary article

for at least 15 days following purchase.

                                                                       www.leg.state.vt.us
AS PASSED BY HOUSE AND SENATE                                               H.599
2008                                                                       Page 13

§ 3023. PENALTIES

   (a) A scrap metal processor who violates any provision of this chapter for

the first time may be assessed a civil penalty not to exceed $1,000.00 for each

transaction.

   (b) A scrap metal processor who violates any provision of this chapter for a

second or subsequent time shall be fined not more than $25,000.00 for each

transaction.

Sec. 11. 4 V.S.A. § 1102(b) is amended to read:

   (b) The judicial bureau shall have jurisdiction of the following matters:

                                       ***

      (14) Violations of 9 V.S.A. § 3023(a), relating to the purchase and sale

of scrap metal.

Sec. 12. SUNSET

   Secs. 10 and 11 of this act shall be repealed effective July 1, 2009.

Sec. 13. EFFECTIVE DATE

   Secs. 8 and 9 of this act shall take effect July 1, 2010.




                                                                    www.leg.state.vt.us

				
DOCUMENT INFO
Description: Automobile Bill of Sale Template document sample