LCO No. 4605 1 of 5 General Assembly Raised Bill No. 925 January Session, 2019 LCO No. 4605 Referred to Committee on TRANSPORTATION Introduced by: (TRA) AN ACT CONCERNING AN ADVANCED OPERATOR'S RETRAININ G PROGRAM. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 14-111g of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2019): 2 (a) For the purposes of this subsection, "moving violation" means 3 any violation of subsection (c) of section 14-36 or section 14-36g, 14-4 212d, 14-218a, 14-219, 14-222, 14-223, 14-230 to 14-249, inclusive, 14-5 279, 14-283, 14-289b, 14-296aa, 14-299, 14-300, 14-301, 14-302 or 14-303, 6 and "suspension violation" means a violation of section 14-222a, 14-7 224, 14-227a, 14-227m or 14-227n, or section 53a-56b, 53a-57 or 53a-60d. 8 The Commissioner of Motor Vehicles may require any motor vehicle 9 operator who is twenty-four years of age or less, who has been 10 convicted of a moving violation or a suspension violation, or both, 11 committed on two or more occasions to attend [a motor vehicle] an 12 operator's retraining program. The commissioner may require any 13 motor vehicle operator over twenty-four years of age, who has been 14 convicted of a moving violation or a suspension violation or a 15 Raised Bill No. 925 LCO No. 4605 2 of 5 combination of said violations, committed on three or more occasions 16 to attend [a motor vehicle] an operator's retraining program. The 17 commissioner shall require any motor vehicle operator convicted of 18 traveling more than seventy-five miles per hour or any person 19 operating a commercial motor vehicle convicted of traveling more than 20 sixty-five miles per hour in a highway work zone, as defined in section 21 14-212d, to attend [a motor vehicle] an operator's retraining program. 22 The commissioner shall notify such operator, in writing, of such 23 requirement. A fee of not more than eighty-five dollars shall be 24 charged for the operator's retraining program. The commissioner, after 25 notice and opportunity for hearing, [may] shall suspend the motor 26 vehicle operator's license of any such operator who fails to attend or 27 successfully complete the program until the operator successfully 28 completes the program. The hearing shall be limited to any claim of 29 impossibility of the operator to attend the [retraining] program, or to a 30 determination of mistake or misidentification. 31 (b) The operator's retraining program shall be taught by a designee 32 of the Commissioner of Motor Vehicles or by an instructor approved 33 by the commissioner and shall (1) review principles of motor vehicle 34 operation, (2) develop alternative attitudes for those attitudes 35 contributing to aggressive driving behavior, and (3) emphasize the 36 need to practice safe driving behavior. 37 (c) The operator's retraining program and the advanced operator's 38 retraining program, as described in subsection (e) of this section, shall 39 be offered by the Department of Motor Vehicles or by any other 40 organization certified by the commissioner to conduct such [program] 41 programs. Any drivers' school, as defined in section 14-68, that meets 42 the licensure requirements of part IV of this chapter shall be eligible to 43 seek certification to offer [the motor vehicle operator's retraining 44 program] such programs. The commissioner shall determine the 45 number of program providers necessary to serve the needs of the 46 public. Each organization or drivers' school seeking certification or 47 recertification to conduct such [retraining program] programs shall 48 submit an application to the department in such form as the 49 Raised Bill No. 925 LCO No. 4605 3 of 5 commissioner shall require and an application fee of three hundred 50 fifty dollars. Each such applicant shall: [(A)] (1) Be registered to do 51 business in this state and continuously maintain good standing with 52 the office of the Secretary of the State; [(B)] (2) file and continuously 53 maintain a surety bond in the amount of fifty thousand dollars. Such 54 bond shall be conditioned upon compliance with the provisions of any 55 state or federal law or regulation concerning the conduct of an 56 [operator] operator's retraining program or an advanced operator's 57 retraining program and provided as indemnity for any loss or expense 58 sustained by either the state or any person by reason of any acts or 59 omissions of the program provider. Such bond shall be executed in the 60 name of the State of Connecticut for the benefit of any aggrieved party, 61 but the penalty of the bond shall not be invoked except upon order of 62 the Commissioner of Motor Vehicles after a hearing held before the 63 commissioner in accordance with the provisions of chapter 54; [(C)] (3) 64 have a permanent place of business in this state where all [operator 65 retraining] program records shall be maintained and accessible to the 66 commissioner during normal business hours; [(D)] (4) submit for 67 approval by the commissioner a detailed curriculum and lesson plan, 68 including any changes to such curriculum and lesson plan, which shall 69 be used in each [operator retraining class] program; and [(E)] (5) 70 electronically transmit information concerning enrollment and [class] 71 program completion to the commissioner at such times and in such 72 form as the commissioner shall prescribe. Prior to the certification of 73 an applicant, the commissioner shall investigate the applicant's 74 character, driving history and criminal history. If the applicant is a 75 business entity, such investigation shall include the principals and 76 officers of such entity. The applicant shall submit to the commissioner 77 any information pertaining to current or past criminal or civil actions. 78 The certification of a program provider by the commissioner shall not 79 be transferable and shall be valid for a two-year period. Recertification 80 of a program provider shall be at the discretion of the commissioner 81 and in such form and manner determined by the commissioner. 82 [(c)] (d) Any person who is required to attend an [operator] 83 Raised Bill No. 925 LCO No. 4605 4 of 5 operator's retraining program shall have such requirement and the 84 completion date of such requirement posted on such person's driving 85 history record maintained by the commissioner. The date of [class] 86 program completion shall remain on such person's driving history 87 record until such person has attained thirty-six consecutive months 88 without any additional moving violations or suspension violations 89 specified in subsection (a) of this section being posted to such person's 90 driving history record. Until the completion of such thirty-six 91 consecutive months, the Commissioner of Motor Vehicles shall (1) 92 suspend such person's operator's license or operating privilege for: [(1) 93 Thirty] (A) thirty days upon a first conviction for any specified moving 94 violation or suspension violation, [; (2)] (B) sixty days upon a second 95 conviction of any specified moving violation or suspension violation, 96 [;] and [(3)] (C) ninety days for a third or subsequent conviction of a 97 specified moving violation or suspension violation, and (2) require 98 such person to attend and successfully complete an advanced 99 operator's retraining program for a first or subsequent conviction for 100 any specified moving violation or suspension violation. The 101 commissioner shall notify such person, in writing, of the requirement 102 to attend an advanced operator's retraining program. The 103 commissioner, after notice and opportunity for hearing, shall suspend 104 the motor vehicle operator's license of any such operator who fails to 105 attend or successfully complete the advanced operator's retraining 106 program until such person successfully completes the program. The 107 hearing shall be limited to any claim of impossibility of such person to 108 attend the advanced operator's retraining program, or to a 109 determination of mistake or misidentification. 110 (e) The advanced operator's retraining program shall consist of not 111 less than eight hours of in-person classroom instruction and include (1) 112 an examination of the operator's behavior in various driving situations 113 to help the operator understand the behavioral driving characteristics 114 that have resulted in the conviction of a moving violation or 115 suspension violation, (2) psychology-based principles as they relate to 116 driving behaviors, (3) an examination of why operators choose to obey 117 Raised Bill No. 925 LCO No. 4605 5 of 5 or disobey motor vehicle laws, (4) a review of the four components of 118 human behavior and the ability to choose behaviors, and (5) a review 119 of the effects of prescription drugs and over-the-counter drugs on the 120 operator of a motor vehicle and the dangers associated with speeding, 121 right-of-way violations, improper passing, driving with insufficient 122 space between vehicles and driving in an aggressive manner or while 123 distracted or fatigued. A fee of not more than one hundred and thirty-124 five dollars shall be charged for the advanced operator's retraining 125 program. 126 [(d)] (f) The commissioner shall adopt regulations in accordance 127 with chapter 54 to implement the provisions of [subsections (a) and (b) 128 of] this section. 129 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2019 14-111g Statement of Purpose: To establish an advanced operator's retraining program. [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.]