Connecticut 2019 2019 Regular Session

Connecticut Senate Bill SB00066 Comm Sub / Bill

Filed 02/06/2019

                     
 
 
 
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General Assembly  Committee Bill No. 66  
January Session, 2019  
LCO No. 3725 
 
 
Referred to Committee on TRANSPORTATION  
 
 
Introduced by:  
(TRA)  
 
 
 
AN ACT CONCERNING TH E NONEMERGENCY TRANSPO RTATION 
OF ELDERLY PERSONS A ND PERSONS WITH DISA BILITIES 
CONFINED TO A STRETC HER. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 13b-105 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2019): 2 
The Department of Transportation may, with or without hearing, 3 
issue temporary and permanent livery permits to applicants for the 4 
express purpose of providing reasonable livery service to persons who 5 
are elderly and persons with disabilities on regular or irregular routes 6 
where the department finds no existing service or that the existing 7 
service is not adequate to properly serve the special needs of persons 8 
who are elderly and persons with disabilities. Temporary authority 9 
shall not extend over a period of more than sixty days. In determining 10 
the special needs of persons who are elderly and persons with 11 
disabilities, the department may take into consideration the 12 
convenience and the physical and mental frailties of, and the care, 13 
safety and protection necessary for the best interest of, persons who 14 
are elderly, persons with disabilities and the general public. No 15    
Committee Bill No.  66 
 
 
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applicant shall be issued a temporary or permanent permit unless such 16 
applicant's motor vehicle meets the requirements of subsection (e) of 17 
section 14-100a, as amended by this act. [Applicants who were issued a 18 
temporary or permanent permit prior to October 1, 2007, shall comply 19 
with the requirements of subsection (e) of section 14-100a not later 20 
than October 1, 2007.] A temporary or permanent livery permit holder 21 
may use a stretcher van to transport a person who is elderly and a 22 
person with disabilities who requires nonemergency transportation on 23 
a stretcher but who does not require medical services during transport, 24 
provided (1) such person obtains and provides to such livery permit 25 
holder, prior to such transport, a written statement from such person's 26 
primary care provider, as defined in section 19a-7o, that such person 27 
may be transported in a stretcher van, and (2) such livery permit 28 
holder has received training in the lifting, moving and transport of a 29 
person on a stretcher that is equivalent to such training provided to 30 
emergency medical services personnel, as defined in section 19a-180b. 31 
For the purposes of this section, "stretcher van" means a van designed 32 
and equipped to provide the nonemergency transportation of persons 33 
on a stretcher.  34 
Sec. 2. Subsection (e) of section 14-100a of the general statutes is 35 
repealed and the following is substituted in lieu thereof (Effective 36 
October 1, 2019): 37 
(e) (1) Any person who transports an individual who remains in a 38 
wheelchair while being transferred into and out of a vehicle, in any 39 
motor vehicle on the highways of this state, and any livery permit 40 
holder who transports an individual who remains on a stretcher while 41 
being transferred into and out of a stretcher van, as defined in section 42 
13b-105, as amended by this act, shall provide and require the use of a 43 
device designed to secure [individuals in wheelchairs] an individual in 44 
a wheelchair or stretcher, as the case may be, while transferring such 45 
[individuals] individual from the ground to the vehicle and from the 46 
time the motor vehicle is brought to a stop until such [individuals are] 47 
individual is transferred from the vehicle to the ground. Such device 48    
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shall be located in the motor vehicle or stretcher van, as the case may 49 
be, at all times. The Commissioner of Motor Vehicles may, after 50 
consultation with the [Departments] Commissioners of Transportation 51 
and Public Health, establish regulations to implement the provisions of 52 
this section and sections 13b-105, as amended by this act, and 14-102a, 53 
subsection (d) of section 14-103, subsection (a) of section 14-275 and 54 
subsection (a) of section 19a-180. 55 
(2) Any livery permit holder who transports an individual who 56 
remains on a stretcher while being transported in a stretcher van shall, 57 
in addition to the requirements of subdivision (1) of this subsection, 58 
ensure that an attendant, in addition to the livery permit holder, 59 
accompany such individual during transport. For the purposes of this 60 
subdivision, "attendant" means a person trained in the lifting, moving 61 
and transport of a person on a stretcher that is equivalent to such 62 
training provided to emergency medical services personnel, as defined 63 
in section 19a-180b. 64 
[(2)] (3) The following motor vehicles registered in this state for the 65 
first time on or after October 1, 2007, that transport individuals who 66 
remain in wheelchairs while being transported, shall, in addition to the 67 
requirements of subdivision (1) of this subsection, install or provide 68 
and require the use of a device that secures the wheelchair to the motor 69 
vehicle's mechanical lift or otherwise prevents or seeks to prevent an 70 
individual in a wheelchair from falling from such mechanical lift or 71 
motor vehicle: (A) Motor vehicles in livery service, as defined in 72 
section 13b-101, (B) service buses, as defined in section 14-1, (C) invalid 73 
coaches, as defined in subdivision (11) of section 19a-175, (D) vanpool 74 
vehicles, as defined in section 14-1, (E) school buses, as defined in 75 
section 14-1, (F) motor buses, as defined in section 14-1, (G) student 76 
transportation vehicles, as defined in section 14-212, and (H) camp 77 
vehicles, as defined in section 14-1. The provisions of this subsection, 78 
except the provisions concerning livery permit holders, shall also 79 
apply to all motor vehicles used by municipal, volunteer and 80 
commercial ambulance services and rescue services, as defined in 81    
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section 19a-175. 82 
[(3)] (4) Violation of any provision of this subsection is an infraction. 83 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2019 13b-105 
Sec. 2 October 1, 2019 14-100a(e) 
 
Statement of Purpose:   
To allow temporary and permanent livery permit holders to use 
stretcher vans to transport elderly persons and persons with 
disabilities who must be transported on a stretcher. 
[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.] 
 
Co-Sponsors:  SEN. OSTEN, 19th Dist.  
 
S.B. 66