| 1 | 1 | | General Assembly Raised Bill No. 5167 |
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| 2 | 2 | | February Session, 2012 LCO No. 932 |
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| 3 | 3 | | *00932_______TRA* |
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| 4 | 4 | | Referred to Committee on Transportation |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (TRA) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 5167 |
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| 11 | 11 | | |
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| 12 | 12 | | February Session, 2012 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 932 |
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| 15 | 15 | | |
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| 16 | 16 | | *00932_______TRA* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on Transportation |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (TRA) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING MINOR AND TECHNICAL REVISIONS TO THE MOTOR VEHICLE LAWS. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Subsection (i) of section 54-76l of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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| 29 | 29 | | |
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| 30 | 30 | | (i) The records of any youth adjudged a youthful offender for a violation of section 14-215 or 14-222, subsection (b) of section 14-223 or subsection (b) or (c) of section 14-224 shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether suspension of such person's motor vehicle operator's license is warranted. [The commissioner shall suspend the motor vehicle operator's license of such youth for six months for a first offense and one year for a second or subsequent offense.] Such records disclosed pursuant to this subsection shall not be further disclosed. |
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| 31 | 31 | | |
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| 32 | 32 | | Sec. 2. Subsection (b) of section 14-111 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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| 33 | 33 | | |
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| 34 | 34 | | (b) (1) Except as provided in subdivision (2) or (3) of this subsection, whenever the holder of any motor vehicle operator's license has been convicted or has forfeited any bond taken or has received a suspended judgment or sentence for any of the following violations, the commissioner shall, without hearing, suspend such person's operator's license or privilege to operate a motor vehicle in this state as follows: For a first violation of subsection (a) of section 14-224 or section 14-110, 14-215 or 53a-119b, for a period of not less than one year and, for a subsequent violation thereof, for a period of not less than two years; for a violation of subsection (a) of section 14-222 or subsection (c) of section 14-224, for a period of not less than thirty days or more than ninety days and, for a subsequent violation thereof, for a period of not less than ninety days; for a violation of subsection (b) of section 14-224, for a period of not less than ninety days and for a subsequent violation thereof, for a period of not less than one year; for a first violation of subsection (b) of section 14-147, for a period of not less than ninety days and, for a subsequent violation thereof, for a period of not less than five years; for a first violation of subsection (c) of section 14-147, for a period of not less than thirty days and, for a subsequent violation thereof, for a period of not less than one year. |
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| 35 | 35 | | |
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| 36 | 36 | | (2) Notwithstanding the provisions of section 14-111b and except as provided in subdivision (3) of this subsection, whenever the holder of any motor vehicle operator's license or learner's permit who is less than eighteen years of age or whenever a person who does not hold an operator's license who is less than eighteen years of age has been convicted or has forfeited any bond taken or has received a suspended judgment or sentence for any of the following violations, the commissioner shall suspend such person's operator's license or privilege to obtain an operator's license as follows: For a first violation of subdivision (4) of subsection (a) of section 14-219 or subdivision (4) of subsection (b) of section 14-219, for a period of sixty days and, for a second violation thereof, for a period of ninety days and, for a third or subsequent violation thereof, for a period of six months; for a first violation of subsection (a) of section 14-222, for a period of six months and, for a subsequent violation thereof, for a period of one year; for a violation of subsection (c) of section 14-224, for a period of six months and, for a subsequent violation thereof, for a period of one year; for a first violation of section 14-296aa, for a period of thirty days and, for a second violation thereof, for a period of ninety days and, for a third or subsequent violation thereof, for a period of six months. |
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| 37 | 37 | | |
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| 38 | 38 | | (3) The commissioner shall suspend the motor vehicle operator's license of any youth adjudged a youthful offender for a violation of section 14-215 or 14-222, subsection (b) of section 14-223 or subsection (b) or (c) of section 14-224 for six months for a first offense and one year for a second or subsequent offense. |
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| 39 | 39 | | |
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| 40 | 40 | | Sec. 3. Subsection (b) of section 14-36i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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| 41 | 41 | | |
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| 42 | 42 | | (b) If any person operating a motor vehicle, subject to the provisions of section 14-36g, is stopped by a police officer and arrested or issued a summons by such officer for [(A) violating] a violation of subdivision (4) of subsection (a) of section 14-219, [(B) operating a motor vehicle under the influence of alcohol or any drug or both in violation of] section 14-227a or 14-227g, [(C) engaging in racing a motor vehicle on a public highway in violation of] subsection (c) of section 14-224, or [(D) operating a motor vehicle recklessly in violation of] section 14-222, the motor vehicle operator's license of such person shall be suspended for a period of forty-eight hours commencing on the date and time such person is arrested or such summons is issued, and such officer, acting on behalf of the Commissioner of Motor Vehicles, shall immediately seize and take possession of such person's motor vehicle operator's license and cause such motor vehicle to be removed. In order to regain possession of such person's operator's license after such forty-eight-hour period, such person and, unless such person is emancipated in accordance with the provisions of section 46b-150b, such person's parent or legal guardian shall appear in person at the police department, state police barracks or other location designated by the police officer, and sign a written acknowledgement of the return of such license. No restoration fee shall be required to be paid to the commissioner, in accordance with the provisions of section 14-50b, but the police officer shall make a written report of the violation and the suspension action, in such form and containing such information as the commissioner shall prescribe, and shall file or transmit such report to the commissioner in such time and manner as the commissioner shall prescribe. |
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| 43 | 43 | | |
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| 44 | 44 | | Sec. 4. Section 14-111e of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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| 45 | 45 | | |
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| 46 | 46 | | (a) (1) The Commissioner of Motor Vehicles shall suspend, for a period of one hundred fifty days, the motor vehicle operator's license or nonresident operating privilege of any person under the age of twenty-one who has been convicted of a violation of section 30-88a involving the misuse of an operator's license. |
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| 47 | 47 | | |
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| 48 | 48 | | (2) The commissioner shall suspend, for a period of sixty days, the motor vehicle operator's license or nonresident operating privilege of any person under the age of twenty-one who has been convicted of a violation of subdivision (1) of subsection (b) of section 30-89, subsection (a) of section 21a-279a or subsection (d) of section 21a-267. |
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| 49 | 49 | | |
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| 50 | 50 | | (3) The commissioner shall suspend, for a period of thirty days, the motor vehicle operator's license or nonresident operating privilege of any person under the age of twenty-one who has been convicted of a violation of subdivision (2) of subsection (b) of section 30-89. [The commissioner shall conform any suspension for violation of section 30-89 that is in effect on June 25, 2007, to comply with the provisions of this section.] |
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| 51 | 51 | | |
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| 52 | 52 | | (b) Any person under the age of twenty-one who has not been issued a motor vehicle operator's license under section 14-36 and who has been convicted of a violation of section 30-88a [involving the misuse of an operator's license,] or section 30-89, [involving the purchase and possession of alcoholic liquor by a minor,] subsection (e) of section 1-1h, [involving the misuse of an identity card,] subsection (a) of section 21a-279a or subsection (d) of section 21a-267 shall not be issued a new operator's license by the commissioner under section 14-36 until a period of one hundred fifty days has elapsed from the date all applicable requirements for any such license have been satisfied by the applicant. |
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| 53 | 53 | | |
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| 54 | 54 | | Sec. 5. Section 14-21q of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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| 55 | 55 | | |
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| 56 | 56 | | (a) On and after January 1, 2004, the Commissioner of Motor Vehicles shall issue childhood cancer awareness commemorative number plates of a design to enhance public awareness of state efforts to treat and cure childhood cancer. The design shall be determined by agreement between the Commissioner of Public Health and the Commissioner of Motor Vehicles. No use shall be made of such plates except as official registration marker plates. |
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| 57 | 57 | | |
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| 58 | 58 | | (b) A fee of fifty dollars shall be charged for childhood cancer awareness commemorative number plates, in addition to the regular fee or fees prescribed for the registration of a motor vehicle. Fifteen dollars of such fee shall be deposited in an account controlled by the Department of Motor Vehicles to be used for the cost of producing, issuing, renewing and replacing such number plates and thirty-five dollars of such fee shall be deposited in an account controlled by the Secretary of the Office of Policy and Management for purposes of section 14-21r. Such number plates shall have letters and numbers selected by the Commissioner of Motor Vehicles. The commissioner may establish a higher fee for: (1) Number plates that contain the numbers and letters from a previously issued number plate; (2) number plates that contain letters in place of numbers as authorized by section 14-49, in addition to the fee or fees prescribed for registration under said section; [14-40;] and (3) number plates that are low number plates issued in accordance with section 14-160, in addition to the fee or fees prescribed for registration under said section. [14-160.] All fees established and collected pursuant to this section, except moneys designated for administrative costs of the Department of Motor Vehicles, shall be deposited in the childhood cancer awareness account established pursuant to section 14-21r. |
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| 59 | 59 | | |
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| 60 | 60 | | (c) A renewal fee of fifteen dollars shall be charged for renewal [or] of registration of a motor vehicle bearing childhood cancer awareness commemorative number plates, in addition to the regular fee or fees prescribed for renewal of registration of a motor vehicle. Five dollars of the renewal fee shall be designated for administrative costs of the Department of Motor Vehicles. No additional renewal fee shall be charged for renewal of registration for any motor vehicle bearing childhood cancer awareness commemorative number plates which contain letters in place of numbers, or low number plates, in excess of the renewal fee for childhood cancer awareness commemorative number plates with letters and numbers selected by the Commissioner of Motor Vehicles. No transfer fee shall be charged for transfer of an existing registration to or from a registration with childhood cancer awareness commemorative number plates. |
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| 61 | 61 | | |
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| 62 | 62 | | (d) The Commissioner of Motor Vehicles, in consultation with the Commissioner of Public Health, may adopt regulations, in accordance with the provisions of chapter 54, to establish standards and procedures for the issuance, renewal and replacement of childhood cancer awareness commemorative number plates. |
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| 63 | 63 | | |
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| 64 | 64 | | Sec. 6. Subsections (c) and (d) of section 14-163e of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 65 | 65 | | |
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| 66 | 66 | | (c) No person, dealer or repairer licensed in accordance with section 14-52 or motor carrier, as defined in 49 CFR Section 390.5, as amended from time to time, shall knowingly make a false statement regarding the inspection or condition of any vehicle or component that it is required to inspect under 49 CFR Section 396.17, as amended from time to time, or regarding the repair or repairs that it has undertaken on any vehicle or component that is required to be inspected. In addition to the civil penalties prescribed by this section, [such] any person, licensed dealer or repairer or motor carrier [may be subject to the penalties prescribed in] who violates the provisions of this subsection shall be charged with a violation of section 53a-157b. |
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| 67 | 67 | | |
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| 68 | 68 | | (d) [Any] For a first or subsequent violation of subsection (a), (b) or (c) of this section, a person, motor carrier or licensed dealer or repairer [who violates the provisions of subsection (a) or (b) of this section] shall, after notice and opportunity for a hearing held in accordance with chapter 54, be subject to the civil penalties [prescribed] authorized in subsection (e) of section 14-163c and prescribed under section 49 CFR 396.17. [In addition to any civil penalties prescribed in subsection (e) of section 14-163c, any person, motor carrier or licensed dealer or repairer who violates the provisions of subsection (c) of this section shall, for a first offense, be fined not more than one thousand dollars or imprisoned not more than ninety days, or both, and, for any subsequent offense, be fined not less than two thousand dollars or imprisoned not more than one year, or both.] |
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| 69 | 69 | | |
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| 70 | 70 | | Sec. 7. Subsection (a) of section 14-11b of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 71 | 71 | | |
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| 72 | 72 | | (a) There shall be within the Bureau of Rehabilitative Services a unit for the purpose of evaluating and training persons with disabilities in the operation of motor vehicles. There shall be assigned to the driver training unit for persons with disabilities such staff as is necessary for the orderly administration of the driver training program for persons with disabilities. The personnel assigned to the driver training unit for persons with disabilities shall, while engaged in the evaluation [,] or instruction [or examination] of a person with disabilities, have the authority and immunities with respect to such activities as are granted under the general statutes to motor vehicle inspectors. When a person with disabilities has successfully completed the driver training program for persons with disabilities, the driver consultant shall certify such completion in writing to the Commissioner of Motor Vehicles and shall recommend any license restrictions or limitations to be placed on the license of such person. The Commissioner of Motor Vehicles may accept such certification in lieu of the driving skills portion of the examination prescribed under subsection (e) of section 14-36. Provided such person with disabilities has met all other requirements for obtaining a license, the Commissioner of Motor Vehicles shall issue a license with such restrictions recommended by the driver consultant. |
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| 73 | 73 | | |
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| 74 | 74 | | Sec. 8. Section 14-46d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 75 | 75 | | |
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| 76 | 76 | | Any reports or records received or issued by the department, commissioner, board or any of its members [pursuant to sections 14-46a to 14-46g, inclusive, or section 10-298] or the driver consultant and staff of the driver training program for persons with disabilities established pursuant to section 14-11b, as amended by this act, for the purpose of determining whether [such] an individual meets the health standards of motor vehicle operator licensure, shall be for the confidential use of the commissioner, driver consultant, driver training program staff and the board and, except as may be required by state or federal law, shall not be made available to any person, or to any federal, state or local governmental agency and shall not be used as evidence at any trial. Such reports or records, however, may be made available to the individual who is the subject of such reports or records or to his authorized representative and may be used at proceedings conducted under chapter 54 or this chapter. Any person conducting an examination or furnishing any report or record pursuant to sections 14-46a to 14-46g, inclusive, as amended by this act, may be compelled to testify on such reports or records at any such proceedings. A member of the board may not be compelled to testify in any other proceeding as to any facts concerning the medical condition of any person known by such member as a result of a review of such reports or records relative to such person except upon order of the court if the interests of justice so require. |
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| 77 | 77 | | |
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| 78 | 78 | | Sec. 9. Section 14-289i of the general statutes is repealed (Effective October 1, 2012) |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | |
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| 82 | 82 | | |
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| 83 | 83 | | This act shall take effect as follows and shall amend the following sections: |
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| 84 | 84 | | Section 1 October 1, 2012 54-76l(i) |
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| 85 | 85 | | Sec. 2 October 1, 2012 14-111(b) |
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| 86 | 86 | | Sec. 3 October 1, 2012 14-36i(b) |
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| 87 | 87 | | Sec. 4 October 1, 2012 14-111e |
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| 88 | 88 | | Sec. 5 October 1, 2012 14-21q |
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| 89 | 89 | | Sec. 6 from passage 14-163e(c) and (d) |
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| 90 | 90 | | Sec. 7 from passage 14-11b(a) |
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| 91 | 91 | | Sec. 8 from passage 14-46d |
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| 92 | 92 | | Sec. 9 October 1, 2012 14-289i |
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| 93 | 93 | | |
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| 94 | 94 | | This act shall take effect as follows and shall amend the following sections: |
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| 95 | 95 | | |
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| 96 | 96 | | Section 1 |
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| 97 | 97 | | |
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| 98 | 98 | | October 1, 2012 |
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| 99 | 99 | | |
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| 100 | 100 | | 54-76l(i) |
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| 101 | 101 | | |
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| 102 | 102 | | Sec. 2 |
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| 103 | 103 | | |
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| 104 | 104 | | October 1, 2012 |
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| 105 | 105 | | |
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| 106 | 106 | | 14-111(b) |
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| 107 | 107 | | |
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| 108 | 108 | | Sec. 3 |
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| 109 | 109 | | |
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| 110 | 110 | | October 1, 2012 |
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| 111 | 111 | | |
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| 112 | 112 | | 14-36i(b) |
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| 113 | 113 | | |
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| 114 | 114 | | Sec. 4 |
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| 115 | 115 | | |
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| 116 | 116 | | October 1, 2012 |
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| 117 | 117 | | |
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| 118 | 118 | | 14-111e |
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| 119 | 119 | | |
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| 120 | 120 | | Sec. 5 |
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| 121 | 121 | | |
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| 122 | 122 | | October 1, 2012 |
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| 123 | 123 | | |
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| 124 | 124 | | 14-21q |
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| 125 | 125 | | |
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| 126 | 126 | | Sec. 6 |
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| 127 | 127 | | |
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| 128 | 128 | | from passage |
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| 129 | 129 | | |
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| 130 | 130 | | 14-163e(c) and (d) |
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| 131 | 131 | | |
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| 132 | 132 | | Sec. 7 |
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| 133 | 133 | | |
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| 134 | 134 | | from passage |
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| 135 | 135 | | |
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| 136 | 136 | | 14-11b(a) |
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| 137 | 137 | | |
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| 138 | 138 | | Sec. 8 |
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| 139 | 139 | | |
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| 140 | 140 | | from passage |
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| 141 | 141 | | |
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| 142 | 142 | | 14-46d |
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| 143 | 143 | | |
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| 144 | 144 | | Sec. 9 |
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| 145 | 145 | | |
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| 146 | 146 | | October 1, 2012 |
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| 147 | 147 | | |
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| 148 | 148 | | 14-289i |
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| 149 | 149 | | |
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| 150 | 150 | | Statement of Purpose: |
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| 151 | 151 | | |
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| 152 | 152 | | To make various technical corrections to the state's motor vehicle laws. |
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| 153 | 153 | | |
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| 154 | 154 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |
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