Vermont H. 25: An act relating to domestic terrorism

Bill Text

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VT LEG #379217 v.1
H.25 1
Introduced by Representatives Arsenault of Williston, Dolan of Essex 2
Junction, and Rachelson of Burlington 3
Referred to Committee on 4
Date: 5
Subject: Motor vehicles; operation of vehicles; impaired driving; 6
rehabilitation; program fees 7
Statement of purpose of bill as introduced: This bill proposes to require that 8
the Department of Health’s Impaired Driver Rehabilitation Program fees be 9
imposed based on an individual’s gross income compared to the federal 10
poverty level. The bill proposes that an individual who requests a reduction or 11
elimination of program fees disclose the individual’s income. Using the 12
disclosed income, the Program must charge a higher fee if the individual has 13
greater financial resources and a lower fee if the individual has lesser financial 14
resources. 15
An act relating to imposing Impaired Driver Rehabilitation Program fees 16
based on a person’s ability to pay 17

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VT LEG #379217 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 23 V.S.A. § 1209a is amended to read: 2
§ 1209a. CONDITIONS OF REINSTATEMENT; ALCOHOL AND 3
DRIVING EDUCATION; SCREENING; THERAPY PROGRAMS 4
(a) Conditions of reinstatement. No license or privilege to operate 5
suspended or revoked under this subchapter, except a license or privilege to 6
operate suspended under section 1216 of this title, shall be reinstated except as 7
follows: 8
(1) In the case of a first suspension, a license or privilege to operate 9
shall be reinstated only: 10
(A) after the individual has successfully completed the Alcohol and 11
Driving Education Program, at the individual’s own expense, followed by an 12
assessment of the need for further treatment by a State-designated counselor, at 13
the individual’s own expense, to determine whether reinstatement should be 14
further conditioned on satisfactory completion of a therapy program agreed to 15
by the individual and the Drinking Impaired Driver Rehabilitation Program 16
Director; 17
(B) if the screening indicates that therapy is needed, after the 18
individual has satisfactorily completed or shown substantial progress in 19
completing a therapy program at the individual’s own expense agreed to by the 20
individual and the Impaired Driver Rehabilitation Program Director; 21

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VT LEG #379217 v.1
(C) if the individual elects to operate under an ignition interlock RDL 1
or ignition interlock certificate, after the individual operates under the RDL or 2
certificate for the applicable period set forth in subsection 1205(a) or section 3
1206 of this title, plus any extension of this period arising from a violation of 4
section 1213 of this title; and 5
(D) if the individual has no pending criminal charges, civil citations, 6
or unpaid fines or penalties for a violation under this chapter. 7
* * * 8
(f) Fees. 9
(1)(A) The Department of Health’s Drinking Impaired Driver 10
Rehabilitation Program shall assess fees for the Alcohol and Driving Education 11
Program and the alcohol assessment screening required by subdivision 12
(a)(1)(A) of this section. The fee for the Alcohol and Driving Education 13
Program shall not exceed $250.00. The fee for the alcohol assessment 14
screening shall not exceed $200.00. In the case of a more intensive or 15
weekend residential program combining both the Alcohol and Driving 16
Education Program and the alcohol assessment screening, the total charge shall 17
not exceed $625.00. 18
(B) The Commissioner of Motor Vehicles and the Department of 19
Health’s Impaired Driver Rehabilitation Program shall engage in education and 20

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VT LEG #379217 v.1
outreach to ensure that individuals eligible to enroll in the Program are aware 1
of any required fees and any potential fee discounts. 2
(2)(A) Upon an individual’s request, any discounted fees charged 3
pursuant to this subsection (f) shall consider the individual’s annual gross 4
income prior to imposing such a fee. 5
(B) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 6
25 establishing a graduated fee schedule bearing a reasonable relationship to an 7
individual’s gross income. An individual shall be found eligible for a program 8
fee reduction based upon the federal poverty level. 9
(i) An individual with an annual gross income of less than or equal 10
to 175 percent of the current federal poverty guidelines shall not pay any 11
program fees. 12
(ii) An individual with an annual gross income of up to and 13
including 575 percent of the current federal poverty guidelines shall be eligible 14
for discounted program fees. 15
(C) An individual seeking a fee reduction to enroll in any program or 16
screening under this section shall disclose the individual’s gross income. Any 17
income information disclosed by the individual shall remain confidential and 18
be