LCO No. 3725 1 of 4 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 Section 13b-105 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2019): 2 The Department of Transportation may, with or without hearing, 3 issue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 LCO No. 3725 2 of 4 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 Committee Bill No. 66 LCO No. 3725 3 of 4 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 Committee Bill No. 66 LCO No. 3725 4 of 4 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