Connecticut 2019 Regular Session

Connecticut Senate Bill SB00925 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 925
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	5	+	LCO No. 4605 1 of 5
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	7	+	General Assembly Raised Bill No. 925
8	8		January Session, 2019
	9	+	LCO No. 4605
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	11	+
	12	+	Referred to Committee on TRANSPORTATION
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	14	+
	15	+	Introduced by:
	16	+	(TRA)
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14	21		AN ACT CONCERNING AN ADVANCED OPERATOR'S RETRAININ G
15	22		PROGRAM.
16	23		Be it enacted by the Senate and House of Representatives in General
17	24		Assembly convened:
18	25
19	26		Section 1. Section 14-111g of the general statutes is repealed and the 1
20		-	following is substituted in lieu thereof (Effective October 1, ~~2020~~): 2
	27	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
21	28		(a) For the purposes of this subsection, "moving violation" means 3
22	29		any violation of subsection (c) of section 14-36 or section 14-36g, 14-4
23	30		212d, 14-218a, 14-219, 14-222, 14-223, 14-230 to 14-249, inclusive, 14-5
24	31		279, 14-283, 14-289b, 14-296aa, 14-299, 14-300, 14-301, 14-302 or 14-303, 6
25	32		and "suspension violation" means a violation of section 14-222a, 14-7
26	33		224, 14-227a, 14-227m or 14-227n, or section 53a-56b, 53a-57 or 53a-60d. 8
27	34		The Commissioner of Motor Vehicles may require any motor vehicle 9
28	35		operator who is twenty-four years of age or less, who has been 10
29	36		convicted of a moving violation or a suspension violation, or both, 11
30	37		committed on two or more occasions to attend [a motor vehicle] an 12
31	38		operator's retraining program. The commissioner may require any 13
32	39		motor vehicle operator over twenty-four years of age, who has been 14
33		-	convicted of a moving violation or a suspension violation or a 15
	40	+	convicted of a moving violation or a suspension violation or a 15 Raised Bill No. 925
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	44	+	LCO No. 4605 2 of 5
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34	46		combination of said violations, committed on three or more occasions 16
35	47		to attend [a motor vehicle] an operator's retraining program. The 17
36	48		commissioner shall require any motor vehicle operator convicted of 18
37		-	traveling more than seventy-five miles per hour or any person 19 Substitute Bill No. 925
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	49	+	traveling more than seventy-five miles per hour or any person 19
44	50		operating a commercial motor vehicle convicted of traveling more than 20
45	51		sixty-five miles per hour in a highway work zone, as defined in section 21
46	52		14-212d, to attend [a motor vehicle] an operator's retraining program. 22
47	53		The commissioner shall notify such operator, in writing, of such 23
48	54		requirement. A fee of not more than eighty-five dollars shall be 24
49	55		charged for the operator's retraining program. The commissioner, after 25
50	56		notice and opportunity for hearing, [may] shall suspend the motor 26
51	57		vehicle operator's license of any such operator who fails to attend or 27
52	58		successfully complete the program until the operator successfully 28
53	59		completes the program. The hearing shall be limited to any claim of 29
54	60		impossibility of the operator to attend the [retraining] program, or to a 30
55	61		determination of mistake or misidentification. 31
56	62		(b) The operator's retraining program shall be taught by a designee 32
57	63		of the Commissioner of Motor Vehicles or by an instructor approved 33
58	64		by the commissioner and shall (1) review principles of motor vehicle 34
59	65		operation, (2) develop alternative attitudes for those attitudes 35
60	66		contributing to aggressive driving behavior, and (3) emphasize the 36
61	67		need to practice safe driving behavior. 37
62	68		(c) The operator's retraining program and the advanced operator's 38
63	69		retraining program, as described in subsection (e) of this section, shall 39
64	70		be offered by the Department of Motor Vehicles or by any other 40
65	71		organization certified by the commissioner to conduct such [program] 41
66	72		programs. Any drivers' school, as defined in section 14-68, that meets 42
67	73		the licensure requirements of part IV of this chapter shall be eligible to 43
68	74		seek certification to offer [the motor vehicle operator's retraining 44
69	75		program] such programs. The commissioner shall determine the 45
70	76		number of program providers necessary to serve the needs of the 46
71	77		public. Each organization or drivers' school seeking certification or 47
72	78		recertification to conduct such [retraining program] programs shall 48
73		-	submit an application to the department in such form as the 49
	79	+	submit an application to the department in such form as the 49 Raised Bill No. 925
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	83	+	LCO No. 4605 3 of 5
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74	85		commissioner shall require and an application fee of three hundred 50
75	86		fifty dollars. Each such applicant shall: [(A)] (1) Be registered to do 51
76		-	business in this state and continuously maintain good standing with 52 Substitute Bill No. 925
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	87	+	business in this state and continuously maintain good standing with 52
83	88		the office of the Secretary of the State; [(B)] (2) file and continuously 53
84	89		maintain a surety bond in the amount of fifty thousand dollars. Such 54
85	90		bond shall be conditioned upon compliance with the provisions of any 55
86	91		state or federal law or regulation concerning the conduct of an 56
87	92		[operator] operator's retraining program or an advanced operator's 57
88	93		retraining program and provided as indemnity for any loss or expense 58
89	94		sustained by either the state or any person by reason of any acts or 59
90	95		omissions of the program provider. Such bond shall be executed in the 60
91	96		name of the State of Connecticut for the benefit of any aggrieved party, 61
92	97		but the penalty of the bond shall not be invoked except upon order of 62
93	98		the Commissioner of Motor Vehicles after a hearing held before the 63
94	99		commissioner in accordance with the provisions of chapter 54; [(C)] (3) 64
95	100		have a permanent place of business in this state where all [operator 65
96	101		retraining] program records shall be maintained and accessible to the 66
97	102		commissioner during normal business hours; [(D)] (4) submit for 67
98	103		approval by the commissioner a detailed curriculum and lesson plan, 68
99	104		including any changes to such curriculum and lesson plan, which shall 69
100	105		be used in each [operator retraining class] program; and [(E)] (5) 70
101	106		electronically transmit information concerning enrollment and [class] 71
102	107		program completion to the commissioner at such times and in such 72
103	108		form as the commissioner shall prescribe. Prior to the certification of 73
104	109		an applicant, the commissioner shall investigate the applicant's 74
105	110		character, driving history and criminal history. If the applicant is a 75
106	111		business entity, such investigation shall include the principals and 76
107	112		officers of such entity. The applicant shall submit to the commissioner 77
108	113		any information pertaining to current or past criminal or civil actions. 78
109	114		The certification of a program provider by the commissioner shall not 79
110	115		be transferable and shall be valid for a two-year period. Recertification 80
111	116		of a program provider shall be at the discretion of the commissioner 81
112	117		and in such form and manner determined by the commissioner. 82
113		-	[(c)] (d) Any person who is required to attend an [operator] 83
	118	+	[(c)] (d) Any person who is required to attend an [operator] 83 Raised Bill No. 925
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	122	+	LCO No. 4605 4 of 5
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114	124		operator's retraining program shall have such requirement and the 84
115	125		completion date of such requirement posted on such person's driving 85
116		-	history record maintained by the commissioner. The date of [class] 86 Substitute Bill No. 925
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	126	+	history record maintained by the commissioner. The date of [class] 86
123	127		program completion shall remain on such person's driving history 87
124	128		record until such person has attained thirty-six consecutive months 88
125	129		without any additional moving violations or suspension violations 89
126	130		specified in subsection (a) of this section being posted to such person's 90
127	131		driving history record. Until the completion of such thirty-six 91
128		-	consecutive months, the Commissioner of Motor Vehicles shall: 92
129		-	~~[suspend] (1)~~ Suspend such person's operator's license or operating 93
130		-	~~privilege for [: (1)~~ Thirty] (A) thirty days upon a first conviction for any 94
131		-	~~specified moving~~ violation or suspension violation, [; (2)] (B) sixty days 95
132		-	~~upon a second~~ conviction of any specified moving violation or 96
133		-	~~suspension violation,~~ [;] and [(3)] (C) ninety days for a third or 97
134		-	~~subsequent conviction of a~~ specified moving violation or suspension 98
135		-	~~violation,~~ and ~~(2) upon a first conviction for any specified moving~~ 99
136		-	~~violation~~ or ~~suspension violation,~~ ~~require such person to attend and~~ 100
137		-	~~successfully complete an advanced operator's retraining program~~. The 101
	132	+	consecutive months, the Commissioner of Motor Vehicles shall (1) 92
	133	+	suspend such person's operator's license or operating privilege for: [(1) 93
	134	+	Thirty] (A) thirty days upon a first conviction for any specified moving 94
	135	+	violation or suspension violation, [; (2)] (B) sixty days upon a second 95
	136	+	conviction of any specified moving violation or suspension violation, 96
	137	+	[;] and [(3)] (C) ninety days for a third or subsequent conviction of a 97
	138	+	specified moving violation or suspension violation, and (2) require 98
	139	+	such person to attend and successfully complete an advanced 99
	140	+	operator's retraining program for a first or subsequent conviction for 100
	141	+	any specified moving violation or suspension violation. The 101
138	142		commissioner shall notify such person, in writing, of the requirement 102
139	143		to attend an advanced operator's retraining program. The 103
140	144		commissioner, after notice and opportunity for hearing, shall suspend 104
141	145		the motor vehicle operator's license of any such operator who fails to 105
142	146		attend or successfully complete the advanced operator's retraining 106
143	147		program until such person successfully completes the program. The 107
144	148		hearing shall be limited to any claim of impossibility of such person to 108
145	149		attend the advanced operator's retraining program, or to a 109
146	150		determination of mistake or misidentification. 110
147	151		(e) The advanced operator's retraining program shall consist of not 111
148		-	less than eight hours of in-person classroom instruction. The program 112
149		-	may include: (1) An examination of the operator's behavior in various 113
150		-	driving situations to help the operator understand the behavioral 114
151		-	driving characteristics that have resulted in the conviction of a moving 115
152		-	violation or suspension violation; (2) psychology-based principles as 116
153		-	they relate to driving behaviors; (3) an examination of why operators 117
154		-	choose to obey or disobey motor vehicle laws; (4) a review of the four 118
155		-	components of human behavior and the ability to choose behaviors; 119
156		-	and (5) a review of the effects of prescription drugs and over-the-120 Substitute Bill No. 925
	152	+	less than eight hours of in-person classroom instruction and include (1) 112
	153	+	an examination of the operator's behavior in various driving situations 113
	154	+	to help the operator understand the behavioral driving characteristics 114
	155	+	that have resulted in the conviction of a moving violation or 115
	156	+	suspension violation, (2) psychology-based principles as they relate to 116
	157	+	driving behaviors, (3) an examination of why operators choose to obey 117 Raised Bill No. 925
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163		-	counter drugs on the operator of a motor vehicle and the dangers 121
164		-	associated with speeding, right-of-way violations, improper passing, 122
165		-	driving with insufficient space between vehicles and driving in an 123
166		-	aggressive manner or while distracted or fatigued. A fee of not more 124
167		-	than one hundred and thirty-five dollars shall be charged for the 125
168		-	advanced operator's retraining program. 126
	161	+	LCO No. 4605 5 of 5
	162	+
	163	+	or disobey motor vehicle laws, (4) a review of the four components of 118
	164	+	human behavior and the ability to choose behaviors, and (5) a review 119
	165	+	of the effects of prescription drugs and over-the-counter drugs on the 120
	166	+	operator of a motor vehicle and the dangers associated with speeding, 121
	167	+	right-of-way violations, improper passing, driving with insufficient 122
	168	+	space between vehicles and driving in an aggressive manner or while 123
	169	+	distracted or fatigued. A fee of not more than one hundred and thirty-124
	170	+	five dollars shall be charged for the advanced operator's retraining 125
	171	+	program. 126
169	172		[(d)] (f) The commissioner shall adopt regulations in accordance 127
170	173		with chapter 54 to implement the provisions of [subsections (a) and (b) 128
171	174		of] this section. 129
172	175		This act shall take effect as follows and shall amend the following
173	176		sections:
174	177
175		-	Section 1 October 1, ~~2020~~ 14-111g
	178	+	Section 1 October 1, 2019 14-111g
176	179
177		-	Statement of Legislative Commissioners:
178		-	In Subsec. (d)(2), the provision was rewritten for clarity.
179		-
180		-	TRA Joint Favorable Subst.
	180	+	Statement of Purpose:
	181	+	To establish an advanced operator's retraining program.
	182	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	183	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	184	+	not underlined.]
181	185