Connecticut 2019 Regular Session

Connecticut Senate Bill SB00066 Compare Versions

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7		-	General Assembly Substitute Bill No. 66
8		-	January Session, 2019
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	5	+	LCO No. 3725 1 of 4
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	7	+	General Assembly Committee Bill No. 66
	8	+	January Session, 2019
	9	+	LCO No. 3725
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	12	+	Referred to Committee on TRANSPORTATION
	13	+
	14	+
	15	+	Introduced by:
	16	+	(TRA)
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14	20		AN ACT CONCERNING TH E NONEMERGENCY TRANSPO RTATION
15		-	OF PERSONS ~~WHO ARE E LDERLY AND~~ PERSONS WITH
16		-	~~DISABILITIES~~ CONFINED TO A ~~STRETCHER~~.
	21	+	OF ELDERLY PERSONS A ND PERSONS WITH DISA BILITIES
	22	+	CONFINED TO A STRETC HER.
17	23		Be it enacted by the Senate and House of Representatives in General
18	24		Assembly convened:
19	25
20	26		Section 1. Section 13b-105 of the general statutes is repealed and the 1
21	27		following is substituted in lieu thereof (Effective October 1, 2019): 2
22	28		The Department of Transportation may, with or without hearing, 3
23	29		issue temporary and permanent livery permits to applicants for the 4
24	30		express purpose of providing reasonable livery service to persons who 5
25	31		are elderly and persons with disabilities on regular or irregular routes 6
26	32		where the department finds no existing service or that the existing 7
27	33		service is not adequate to properly serve the special needs of persons 8
28	34		who are elderly and persons with disabilities. Temporary authority 9
29	35		shall not extend over a period of more than sixty days. In determining 10
30	36		the special needs of persons who are elderly and persons with 11
31	37		disabilities, the department may take into consideration the 12
32	38		convenience and the physical and mental frailties of, and the care, 13
33	39		safety and protection necessary for the best interest of, persons who 14
34	40		are elderly, persons with disabilities and the general public. No 15
	41	+	Committee Bill No. 66
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	43	+
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35	46		applicant shall be issued a temporary or permanent permit unless such 16
36	47		applicant's motor vehicle meets the requirements of subsection (e) of 17
37		-	section 14-100a, as amended by this act, [. Applicants who were issued 18 Substitute Bill No. 66
	48	+	section 14-100a, as amended by this act. [Applicants who were issued a 18
	49	+	temporary or permanent permit prior to October 1, 2007, shall comply 19
	50	+	with the requirements of subsection (e) of section 14-100a not later 20
	51	+	than October 1, 2007.] A temporary or permanent livery permit holder 21
	52	+	may use a stretcher van to transport a person who is elderly and a 22
	53	+	person with disabilities who requires nonemergency transportation on 23
	54	+	a stretcher but who does not require medical services during transport, 24
	55	+	provided (1) such person obtains and provides to such livery permit 25
	56	+	holder, prior to such transport, a written statement from such person's 26
	57	+	primary care provider, as defined in section 19a-7o, that such person 27
	58	+	may be transported in a stretcher van, and (2) such livery permit 28
	59	+	holder has received training in the lifting, moving and transport of a 29
	60	+	person on a stretcher that is equivalent to such training provided to 30
	61	+	emergency medical services personnel, as defined in section 19a-180b. 31
	62	+	For the purposes of this section, "stretcher van" means a van designed 32
	63	+	and equipped to provide the nonemergency transportation of persons 33
	64	+	on a stretcher. 34
	65	+	Sec. 2. Subsection (e) of section 14-100a of the general statutes is 35
	66	+	repealed and the following is substituted in lieu thereof (Effective 36
	67	+	October 1, 2019): 37
	68	+	(e) (1) Any person who transports an individual who remains in a 38
	69	+	wheelchair while being transferred into and out of a vehicle, in any 39
	70	+	motor vehicle on the highways of this state, and any livery permit 40
	71	+	holder who transports an individual who remains on a stretcher while 41
	72	+	being transferred into and out of a stretcher van, as defined in section 42
	73	+	13b-105, as amended by this act, shall provide and require the use of a 43
	74	+	device designed to secure [individuals in wheelchairs] an individual in 44
	75	+	a wheelchair or stretcher, as the case may be, while transferring such 45
	76	+	[individuals] individual from the ground to the vehicle and from the 46
	77	+	time the motor vehicle is brought to a stop until such [individuals are] 47
	78	+	individual is transferred from the vehicle to the ground. Such device 48
	79	+	Committee Bill No. 66
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44		-	a temporary or permanent permit prior to October 1, 2007, shall 19
45		-	comply with the requirements of subsection (e) of section 14-100a not 20
46		-	later than October 1, 2007.] or such applicant's stretcher van meets the 21
47		-	requirements of subsection (f) of section 14-100a, as amended by this 22
48		-	act. A temporary or permanent livery permit holder may use a 23
49		-	stretcher van to transport a person who is elderly or a person with 24
50		-	disabilities who requires nonemergency transportation on a stretcher 25
51		-	but who does not require medical services during transport, in 26
52		-	accordance with subsection (f) of section 14-100a, as amended by this 27
53		-	act, provided (1) such person obtains and provides to the operator of 28
54		-	the stretcher van, prior to such transport, a written statement from 29
55		-	such person's primary care provider, as defined in section 19a-7o, that 30
56		-	such person may be transported in a stretcher van, and (2) the operator 31
57		-	of the stretcher van has received training in the lifting, moving and 32
58		-	transport of a person on a stretcher that is equivalent to the training 33
59		-	provided to emergency medical services personnel, as defined in 34
60		-	section 19a-180b. For the purposes of this section, "stretcher van" 35
61		-	means a van designed and equipped to provide the nonemergency 36
62		-	transportation of persons on a stretcher. 37
63		-	Sec. 2. Section 14-100a of the general statutes is repealed and the 38
64		-	following is substituted in lieu thereof (Effective October 1, 2019): 39
65		-	(a) No new passenger motor vehicle may be sold or registered in 40
66		-	this state unless equipped with at least two sets of seat safety belts for 41
67		-	the front and rear seats of the motor vehicle, which belts comply with 42
68		-	the requirements of subsection (b) of this section. The anchorage unit 43
69		-	at the attachment point shall be of such construction, design and 44
70		-	strength as to support a loop load strength of not less than four 45
71		-	thousand pounds for each belt. 46
72		-	(b) No seat safety belt may be sold for use in connection with the 47
73		-	operation of a motor vehicle on any highway of this state unless it is so 48
74		-	constructed and installed as to have a loop strength through the 49
75		-	complete attachment of not less than four thousand pounds, and the 50
76		-	buckle or closing device shall be of such construction and design that 51 Substitute Bill No. 66
	84	+	shall be located in the motor vehicle or stretcher van, as the case may 49
	85	+	be, at all times. The Commissioner of Motor Vehicles may, after 50
	86	+	consultation with the [Departments] Commissioners of Transportation 51
	87	+	and Public Health, establish regulations to implement the provisions of 52
	88	+	this section and sections 13b-105, as amended by this act, and 14-102a, 53
	89	+	subsection (d) of section 14-103, subsection (a) of section 14-275 and 54
	90	+	subsection (a) of section 19a-180. 55
	91	+	(2) Any livery permit holder who transports an individual who 56
	92	+	remains on a stretcher while being transported in a stretcher van shall, 57
	93	+	in addition to the requirements of subdivision (1) of this subsection, 58
	94	+	ensure that an attendant, in addition to the livery permit holder, 59
	95	+	accompany such individual during transport. For the purposes of this 60
	96	+	subdivision, "attendant" means a person trained in the lifting, moving 61
	97	+	and transport of a person on a stretcher that is equivalent to such 62
	98	+	training provided to emergency medical services personnel, as defined 63
	99	+	in section 19a-180b. 64
	100	+	[(2)] (3) The following motor vehicles registered in this state for the 65
	101	+	first time on or after October 1, 2007, that transport individuals who 66
	102	+	remain in wheelchairs while being transported, shall, in addition to the 67
	103	+	requirements of subdivision (1) of this subsection, install or provide 68
	104	+	and require the use of a device that secures the wheelchair to the motor 69
	105	+	vehicle's mechanical lift or otherwise prevents or seeks to prevent an 70
	106	+	individual in a wheelchair from falling from such mechanical lift or 71
	107	+	motor vehicle: (A) Motor vehicles in livery service, as defined in 72
	108	+	section 13b-101, (B) service buses, as defined in section 14-1, (C) invalid 73
	109	+	coaches, as defined in subdivision (11) of section 19a-175, (D) vanpool 74
	110	+	vehicles, as defined in section 14-1, (E) school buses, as defined in 75
	111	+	section 14-1, (F) motor buses, as defined in section 14-1, (G) student 76
	112	+	transportation vehicles, as defined in section 14-212, and (H) camp 77
	113	+	vehicles, as defined in section 14-1. The provisions of this subsection, 78
	114	+	except the provisions concerning livery permit holders, shall also 79
	115	+	apply to all motor vehicles used by municipal, volunteer and 80
	116	+	commercial ambulance services and rescue services, as defined in 81
	117	+	Committee Bill No. 66
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83		-	after it has received the aforesaid loop belt load it can be released with 52
84		-	one hand with a pull of less than forty-five pounds. 53
85		-	(c) (1) The operator of and any front seat passenger in any motor 54
86		-	vehicle or fire fighting apparatus originally equipped with seat safety 55
87		-	belts complying with the provisions of 49 CFR 571.209, as amended 56
88		-	from time to time, shall wear such seat safety belt while the vehicle is 57
89		-	being operated on any highway, except as follows: 58
90		-	(A) A child under eight years of age shall be restrained as provided 59
91		-	in subsection (d) of this section; 60
92		-	(B) The operator of such vehicle shall secure or cause to be secured 61
93		-	in a seat safety belt any passenger eight years of age or older and 62
94		-	under sixteen years of age; and 63
95		-	(C) If the operator of such vehicle is under eighteen years of age, 64
96		-	such operator and each passenger in such vehicle shall wear such seat 65
97		-	safety belt while the vehicle is being operated on any highway. 66
98		-	(2) The provisions of subdivision (1) of this subsection shall not 67
99		-	apply to (A) any person whose physical disability or impairment 68
100		-	would prevent restraint in such safety belt, provided such person 69
101		-	obtains a written statement from a licensed physician or a licensed 70
102		-	advanced practice registered nurse containing reasons for such 71
103		-	person's inability to wear such safety belt and including information 72
104		-	concerning the nature and extent of such condition. Such person shall 73
105		-	carry the statement on his or her person or in the motor vehicle at all 74
106		-	times when it is being operated, or (B) an authorized emergency 75
107		-	vehicle, other than fire fighting apparatus, responding to an 76
108		-	emergency call or a motor vehicle operated by a rural letter carrier of 77
109		-	the United States postal service while performing his or her official 78
110		-	duties or by a person engaged in the delivery of newspapers. 79
111		-	(3) Failure to wear a seat safety belt shall not be considered as 80
112		-	contributory negligence nor shall such failure be admissible evidence 81
113		-	in any civil action. 82 Substitute Bill No. 66
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120		-	(4) Any operator of a motor vehicle, who is eighteen years of age or 83
121		-	older, and any passenger in such motor vehicle, who violates any 84
122		-	provision of this subsection shall have committed an infraction and 85
123		-	shall be fined fifty dollars. Any operator of a motor vehicle who is 86
124		-	under eighteen years of age and any passenger in such motor vehicle 87
125		-	who violates any provision of this subsection shall have committed an 88
126		-	infraction and shall be fined seventy-five dollars. Points may not be 89
127		-	assessed against the operator's license of any person convicted of such 90
128		-	violation. 91
129		-	(d) (1) (A) Any person who transports a child under two years of 92
130		-	age or weighing less than thirty pounds in a motor vehicle on the 93
131		-	highways of this state shall provide and require the child to ride rear-94
132		-	facing in a child restraint system equipped with a five-point harness 95
133		-	approved pursuant to regulations that the Department of Motor 96
134		-	Vehicles shall adopt in accordance with the provisions of chapter 54. 97
135		-	(B) Any person who transports a child under five years of age, but 98
136		-	not under two years of age, or weighing less than forty pounds, but 99
137		-	not less than thirty pounds, in a motor vehicle on the highways of this 100
138		-	state shall provide and require the child to ride rear-facing or forward-101
139		-	facing in a child restraint system equipped with a five-point harness 102
140		-	approved pursuant to such regulations. 103
141		-	(C) Any person who transports a child under eight years of age, but 104
142		-	not under five years of age, or weighing less than sixty pounds, but not 105
143		-	less than forty pounds, in a motor vehicle on the highways of this state 106
144		-	shall provide and require the child to ride rear-facing or forward-107
145		-	facing in a child restraint system equipped with a five-point harness or 108
146		-	a booster seat secured by a seat safety belt approved pursuant to such 109
147		-	regulations. 110
148		-	(D) No person shall transport a child in a motor vehicle on the 111
149		-	highways of this state in a rear-facing child restraint system in the 112
150		-	front seat of any motor vehicle that is equipped with a functional air 113
151		-	bag on the passenger side of such motor vehicle. 114 Substitute Bill No. 66
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158		-	(2) Any person who transports a child eight years of age or older 115
159		-	and weighing sixty or more pounds in a motor vehicle on the 116
160		-	highways of this state shall either provide and require the child to use 117
161		-	an approved child restraint system or require the child to use a seat 118
162		-	safety belt. Failure to use a child restraint system shall not be 119
163		-	considered as contributory negligence nor shall such failure be 120
164		-	admissible evidence in any civil action. As used in this subsection, 121
165		-	"motor vehicle" does not mean a bus having a tonnage rating of one 122
166		-	ton or more. 123
167		-	(3) Notwithstanding the provisions of subdivision (1) of this 124
168		-	subsection, any person who transports a child four years of age or 125
169		-	older in a student transportation vehicle, as defined in section 14-212, 126
170		-	on the highways of this state shall either provide and require the child 127
171		-	to use an approved child restraint system or require the child to use a 128
172		-	seat safety belt. Any person who transports a child under four years of 129
173		-	age weighing less than forty pounds in a student transportation 130
174		-	vehicle on the highways of this state shall provide and require the 131
175		-	child to use a child restraint system approved pursuant to such 132
176		-	regulations. 133
177		-	(4) No person shall restrain a child in a booster seat unless the motor 134
178		-	vehicle is equipped with a safety seat belt that includes a shoulder belt 135
179		-	and otherwise meets the requirement of subsection (b) of this section. 136
180		-	(5) Any person who violates the provisions of subdivision (1), (2), 137
181		-	(3) or (4) of this subsection shall, for a first violation, have committed 138
182		-	an infraction; for a second violation, be fined not more than one 139
183		-	hundred ninety-nine dollars; and, for a third or subsequent violation, 140
184		-	be guilty of a class A misdemeanor. The commissioner shall require 141
185		-	any person who has committed a first or second violation of the 142
186		-	provisions of this subsection to attend a child car seat safety course 143
187		-	offered or approved by the Department of Motor Vehicles. The 144
188		-	commissioner may, after notice and an opportunity for a hearing, 145
189		-	suspend for a period of not more than two months the motor vehicle 146
190		-	operator's license of any person who fails to attend or successfully 147 Substitute Bill No. 66
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196		-
197		-	complete the course. 148
198		-	(e) (1) Any person who transports an individual who remains in a 149
199		-	wheelchair while being transferred into and out of a vehicle, in any 150
200		-	motor vehicle on the highways of this state, shall provide and require 151
201		-	the use of a device designed to secure individuals in wheelchairs while 152
202		-	transferring such individuals from the ground to the vehicle and from 153
203		-	the time the motor vehicle is brought to a stop until such individuals 154
204		-	are transferred from the vehicle to the ground. Such device shall be 155
205		-	located in the motor vehicle at all times. The Commissioner of Motor 156
206		-	Vehicles may, after consultation with the [Departments] 157
207		-	Commissioners of Transportation and Public Health, establish 158
208		-	regulations to implement the provisions of this section and sections 159
209		-	13b-105, as amended by this act, and 14-102a, subsection (d) of section 160
210		-	14-103, subsection (a) of section 14-275 and subsection (a) of section 161
211		-	19a-180. 162
212		-	(2) The following motor vehicles registered in this state for the first 163
213		-	time on or after October 1, 2007, that transport individuals who remain 164
214		-	in wheelchairs while being transported, shall, in addition to the 165
215		-	requirements of subdivision (1) of this subsection, install or provide 166
216		-	and require the use of a device that secures the wheelchair to the motor 167
217		-	vehicle's mechanical lift or otherwise prevents or seeks to prevent an 168
218		-	individual in a wheelchair from falling from such mechanical lift or 169
219		-	motor vehicle: (A) Motor vehicles in livery service, as defined in 170
220		-	section 13b-101, (B) service buses, [as defined in section 14-1,] (C) 171
221		-	invalid coaches, as defined in subdivision (11) of section 19a-175, (D) 172
222		-	vanpool vehicles, [as defined in section 14-1,] (E) school buses, [as 173
223		-	defined in section 14-1,] (F) motor buses, [as defined in section 14-1,] 174
224		-	(G) student transportation vehicles, as defined in section 14-212, and 175
225		-	(H) camp vehicles. [, as defined in section 14-1.] The provisions of this 176
226		-	subsection shall also apply to all motor vehicles used by municipal, 177
227		-	volunteer and commercial ambulance services and rescue services, as 178
228		-	defined in section 19a-175. 179
229		-	(3) Violation of any provision of this subsection is an infraction. 180 Substitute Bill No. 66
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236		-	(f) (1) Any person who transports an individual who remains on a 181
237		-	stretcher while being transferred into and out of a stretcher van, 182
238		-	pursuant to section 13b-105, as amended by this act, shall provide and 183
239		-	require the use of a device designed to secure such individual in the 184
240		-	stretcher while transferring such individual from the ground to the 185
241		-	stretcher van and from the time the stretcher van is brought to a stop 186
242		-	until such individual is transferred from the stretcher van to the 187
243		-	ground. Such device shall be located in the stretcher van at all times. 188
244		-	(2) Any livery permit holder who transports an individual who 189
245		-	remains on a stretcher while being transported in a stretcher van shall 190
246		-	ensure that an attendant, in addition to the operator of the stretcher 191
247		-	van, accompany such individual during transport. For the purposes of 192
248		-	this subdivision, "attendant" means a person trained in the lifting, 193
249		-	moving and transport of a person on a stretcher that is equivalent to 194
250		-	the training provided to emergency medical services personnel, as 195
251		-	defined in section 19a-180b. 196
252		-	(3) Violation of any provision of this subsection is an infraction. 197
253		-	[(f)] (g) The commissioner shall administer the provisions of this 198
254		-	section. 199
	122	+	section 19a-175. 82
	123	+	[(3)] (4) Violation of any provision of this subsection is an infraction. 83
255	124		This act shall take effect as follows and shall amend the following
256	125		sections:
257	126
258	127		Section 1 October 1, 2019 13b-105
259		-	Sec. 2 October 1, 2019 14-100a
	128	+	Sec. 2 October 1, 2019 14-100a(e)
260	129
261		-	Statement of Legislative Commissioners:
262		-	In Section 1, ", or such applicant's stretcher van meets the requirements
263		-	of subsection (f) of section 14-100a, as amended by this act" was
264		-	inserted after "as amended by this act" for accuracy and "subsection
265		-	(e)" was changed to "subsection (f)" for internal consistency; and
266		-	Section 2 was rewritten for clarity and accuracy.
	130	+	Statement of Purpose:
	131	+	To allow temporary and permanent livery permit holders to use
	132	+	stretcher vans to transport elderly persons and persons with
	133	+	disabilities who must be transported on a stretcher.
	134	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	135	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	136	+	not underlined.]
267	137
268		-	TRA Joint Favorable Subst.
	138	+	Co-Sponsors: SEN. OSTEN, 19th Dist.
	139	+
	140	+	S.B. 66
	141	+
269	142