Connecticut 2020 2020 Regular Session

Connecticut House Bill HB05259 Introduced / Bill

Filed 02/19/2020

                        
 
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General Assembly  Raised Bill No. 5259  
February Session, 2020  
LCO No. 1721 
 
 
Referred to Committee on TRANSPORTATION  
 
 
Introduced by:  
(TRA)  
 
 
 
 
AN ACT CONCERNING PE DESTRIAN SAFETY AT CROSSWALKS, 
SPEED LIMITS IN MUNICIPALITIES, FINES AND CHARGES FOR 
CERTAIN VIOLATIONS AND THE GREENWAYS COM MEMORATIVE 
ACCOUNT. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subsection (h) of section 14-296aa of the 2020 supplement 1 
to the general statutes is repealed and the following is substituted in lieu 2 
thereof (Effective October 1, 2020): 3 
(h) Any person who violates this section shall be fined one hundred 4 
[fifty] eighty-seven dollars and fifty cents for a first violation, three 5 
hundred seventy-five dollars for a second violation and [five] six 6 
hundred twenty-five dollars for a third or subsequent violation. 7 
Sec. 2. Subsection (d) of section 51-56a of the general statutes is 8 
repealed and the following is substituted in lieu thereof (Effective October 9 
1, 2020): 10 
(d) Each person who pays in any sum as a fine or forfeiture for any 11 
violation of sections 14-218a, 14-219, 14-222, 14-223, 14-227a, 14-227m, 12  Raised Bill No.  5259 
 
 
 
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14-227n, sections 14-230 to 14-240, inclusive, sections 14-241 to 14-249, 13 
inclusive, section 14-279 for the first offense, sections 14-289b, 14-299, 14 
14-300, 14-300d, sections 14-301 to 14-303, inclusive, section 5 of this act 15 
or any regulation adopted under said sections or ordinance enacted in 16 
accordance with said sections shall pay an additional fee of [twenty] 17 
twenty-five dollars. The state shall remit to the municipalities in which 18 
the violations occurred the amounts paid under this subsection. Each 19 
clerk of the Superior Court or the Chief Court Administrator, or any 20 
other official of the Superior Court designated by the Chief Court 21 
Administrator, on or before the thirtieth day of January, April, July and 22 
October in each year, shall certify to the Comptroller the amount due for 23 
the previous quarter under this subsection to each municipality served 24 
by the office of the clerk or official. 25 
Sec. 3. Section 14-21i of the general statutes is repealed and the 26 
following is substituted in lieu thereof (Effective October 1, 2020): 27 
(a) [On and after January 1, 1998, the] The Commissioner of Motor 28 
Vehicles shall issue greenways commemorative number plates of a 29 
design to enhance public awareness of, [the] and provide funding for, 30 
state and local efforts to preserve, restore and protect greenways. The 31 
design shall be determined by agreement between the Commissioner of 32 
Energy and Environmental Protection and the Commissioner of Motor 33 
Vehicles. No use shall be made of such plates except as official 34 
registration marker plates. 35 
(b) The Commissioner of Motor Vehicles shall establish, by 36 
regulations adopted in accordance with chapter 54, a fee to be charged 37 
for greenways commemorative number plates in addition to the regular 38 
fee or fees prescribed for the registration of a motor vehicle. The fee shall 39 
be for such number plates with letters and numbers selected by the 40 
Commissioner of Motor Vehicles. The Commissioner of Motor Vehicles 41 
may establish a higher fee for: (1) Such number plates which contain 42 
letters in place of numbers as authorized by section 14-49, in addition to 43 
the fee or fees prescribed for plates issued under said section; and (2) 44 
such number plates which are low number plates, in accordance with 45  Raised Bill No.  5259 
 
 
 
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section 14-160, in addition to the fee or fees prescribed for plates issued 46 
under said section. All fees established and collected pursuant to this 47 
section, except moneys designated for administrative costs of the 48 
Department of Motor Vehicles, shall be deposited in the greenways 49 
commemorative account established pursuant to subsection (d) of this 50 
section. 51 
(c) No additional renewal fee shall be charged for renewal of 52 
registration for any motor vehicle bearing greenways commemorative 53 
number plates which contain letters in place of numbers, or low number 54 
plates, in excess of the renewal fee for greenways commemorative 55 
number plates with letters and numbers selected by the Commissioner 56 
of Motor Vehicles. No transfer fee shall be charged for transfer of an 57 
existing registration to or from a registration with greenways 58 
commemorative number plates. 59 
(d) There is established an account to be known as the "greenways 60 
commemorative account" which shall be a separate, nonlapsing account 61 
within the General Fund. The account shall contain any moneys 62 
required by law to be deposited in the account. The funds in the account 63 
shall be expended by the Commissioner of Energy and Environmental 64 
Protection to fund state and local efforts to preserve, restore and protect 65 
greenways.  66 
[(d)] (e) The Commissioner of Motor Vehicles, in consultation with 67 
the Commissioner of Energy and Environmental Protection, shall adopt 68 
regulations, in accordance with the provisions of chapter 54, to establish 69 
standards and procedures for the issuance, renewal and replacement of 70 
greenways commemorative number plates.  71 
Sec. 4. Section 14-311 of the general statutes is repealed and the 72 
following is substituted in lieu thereof (Effective October 1, 2020): 73 
(a) No person, firm, corporation, state agency, or municipal agency 74 
or combination thereof shall build, expand, establish or operate any 75 
open air theater, shopping center or other development generating large 76 
volumes of traffic that substantially affect state highway traffic within 77  Raised Bill No.  5259 
 
 
 
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this state, as determined by the Office of the State Traffic 78 
Administration, until such person, firm, corporation, or agency has 79 
procured from said office a certificate that the operation thereof will not 80 
imperil the safety of the public, except that any development, including 81 
any development to be built in phases, without regard to when such 82 
phases are approved by the municipal planning and zoning agency or 83 
other responsible municipal agency, that contains a total of one hundred 84 
or fewer residential units shall not be required to obtain such certificate 85 
if such development is a residential-only development and is not part of 86 
a mixed-use development that contains office, retail or other such 87 
nonresidential uses, provided if any future development increases the 88 
total number of residential units to more than one hundred, and such 89 
total substantially affects state highway traffic within the state as 90 
determined by the Office of the State Traffic Administration, a certificate 91 
shall be procured from said office. 92 
(b) Except as otherwise provided in this subsection, no local building 93 
official shall issue a building or foundation permit to any person, firm, 94 
corporation, state agency or municipal agency to build, expand, 95 
establish or operate such a development until the person, firm, 96 
corporation or agency provides to such official a copy of the certificate 97 
issued under this section by the office. If the office determines that any 98 
person, firm, corporation, or state or municipal agency has (1) started 99 
building, expanding, establishing or operating such a development 100 
without first obtaining a certificate from said office, or (2) has failed to 101 
comply with the conditions of such a certificate, it shall order the person, 102 
firm, corporation or agency to (A) cease constructing, expanding, 103 
establishing or operating the development, or (B) comply with the 104 
conditions of the certificate within a reasonable period of time. If such 105 
person, firm, corporation or agency fails to (i) cease such work, or (ii) 106 
comply with an order of the office within such time as specified by the 107 
office, the office may make an application to the superior court for the 108 
judicial district of Hartford or the judicial district where the 109 
development is located enjoining the construction, expansion, 110 
establishment or operation of such development. Notwithstanding the 111  Raised Bill No.  5259 
 
 
 
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provisions of this subsection, for single family home building lots within 112 
a subdivision of land, for which a certificate is required and which do 113 
not have a direct exit or entrance on, or directly abut or adjoin any state 114 
highway, no local building official shall issue a certificate of occupancy 115 
to any person, firm, corporation, state agency or municipal agency to 116 
occupy homes on such lots until the person, firm, corporation or agency 117 
provides to such official a copy of the certificate issued under this 118 
section by the office and such official confirms that the certificate 119 
conditions have been satisfied. 120 
(c) The Office of the State Traffic Administration, to the extent 121 
practicable, shall begin its review of an application prior to final 122 
approval of the proposed activity by the municipal planning and zoning 123 
agency or other responsible municipal agency. 124 
(d) In determining the advisability of such certification, the Office of 125 
the State Traffic Administration shall include, in its consideration, 126 
highway safety, bicycle and pedestrian access and safety, the width and 127 
character of the highways affected, the density of traffic thereon, the 128 
character of such traffic and the opinion and findings of the traffic 129 
authority of the municipality wherein the development is located. The 130 
Office of the State Traffic Administration may require improvements to 131 
be made by the applicant to the extent that such improvements address 132 
impacts to highway safety or bicycle and pedestrian access and safety 133 
created by the addition of the applicant's proposed development or 134 
activity. If the Office of the State Traffic Administration determines that 135 
such improvements, including traffic signals, pavement markings, 136 
channelization, pavement widening or other changes or traffic control 137 
devices, are required to handle traffic safely and efficiently, one 138 
hundred per cent of the cost thereof shall be borne by the person 139 
building, establishing or operating such open air theater, shopping 140 
center or other development generating large volumes of traffic, except 141 
that such cost shall not be borne by any municipal agency. The 142 
Commissioner of Transportation may issue a permit to said person to 143 
construct or install the changes required by the Office of the State Traffic 144 
Administration. 145  Raised Bill No.  5259 
 
 
 
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(e) Any person aggrieved by any decision of the Office of the State 146 
Traffic Administration hereunder may appeal therefrom in accordance 147 
with the provisions of section 4-183, except venue for such appeal shall 148 
be in the judicial district in which it is proposed to operate such 149 
establishment. The provisions of this section except insofar as such 150 
provisions relate to expansion shall not apply to any open air theater, 151 
shopping center or other development generating large volumes of 152 
traffic in operation on July 1, 1967. 153 
(f) Before submitting an application for any development generating 154 
large volumes of traffic pursuant to subsection (a) of this section to the 155 
Office of the State Traffic Administration, the individual or entity 156 
submitting such application shall attend a mandatory meeting with the 157 
Office of the State Traffic Administration and other staff from the 158 
Department of Transportation. At such meeting, such individual or 159 
entity shall present the applicant's proposed development to such 160 
department staff and receive feedback, including, but not limited to, 161 
information as to what needs to be submitted for an application to be 162 
considered complete.  163 
Sec. 5. (NEW) (Effective October 1, 2020) No person shall open a door 164 
of a motor vehicle, unless the door can be opened with reasonable safety 165 
and will not impede the travel of a pedestrian or a person riding a 166 
bicycle, as defined in section 14-286 of the general statutes, on a 167 
highway, as defined in section 14-1 of the general statutes. Any person 168 
who violates a provision of this section shall be subject to a fine of ninety 169 
dollars in accordance with the provisions of section 51-164n of the 170 
general statutes, as amended by this act. 171 
Sec. 6. Subsection (b) of section 51-164n of the 2020 supplement to the 172 
general statutes is repealed and the following is substituted in lieu 173 
thereof (Effective October 1, 2020): 174 
(b) Notwithstanding any provision of the general statutes, any person 175 
who is alleged to have committed (1) a violation under the provisions of 176 
section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-177  Raised Bill No.  5259 
 
 
 
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393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-178 
251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) 179 
of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-180 
435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 181 
13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-182 
253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 183 
13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection 184 
(a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 185 
14-12, section 14-20a or 14-27a, subsection (f) of section 14-34a, 186 
subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, 187 
subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) 188 
of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 189 
14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first 190 
violation as specified in subsection (f) of section 14-164i, section 14-219 191 
as specified in subsection (e) of said section, subdivision (1) of section 192 
14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14-193 
261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 194 
14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-195 
296aa, as amended by this act, 14-300, 14-300d, 14-319, 14-320, 14-321, 196 
14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 197 
14-386a, section 5 of this act, section 15-25 or 15-33, subdivision (1) of 198 
section 15-97, subsection (a) of section 15-115, section 16-44, 16-256e, 199 
16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 200 
17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-131, 17b-137, 19a-30, 201 
19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-202 
91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 203 
19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 204 
19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-249, 20-257, 20-205 
265, 20-324e, subsection (b) of section 20-334, 20-341l, 20-366, 20-597, 20-206 
608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63 or 21-76a, 207 
subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 208 
21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 209 
or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 210 
or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, 211 
subdivision (1) of subsection (a) of section 21a-159, subsection (a) of 212  Raised Bill No.  5259 
 
 
 
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section 21a-279a, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 213 
22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 214 
22-49 or 22-54, subsection (d) of section 22-84, section 22-89, 22-90, 22-215 
98, 22-99, 22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-216 
324a, 22-326 or 22-342, subsection (b), (e) or (f) of section 22-344, section 217 
22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, 218 
subsection (a) of section 22a-250, subsection (e) of section 22a-256h, 219 
section 22a-363 or 22a-381d, subsections (c) and (d) of section 22a-381e, 220 
section 22a-449, 22a-461, 23-38, 23-46 or 23-61b, subsection (a) or 221 
subdivision (1) of subsection (c) of section 23-65, section 25-37 or 25-40, 222 
subsection (a) of section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-223 
21, 26-31, 26-40, 26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, 224 
subdivision (1) of subsection (d) of section 26-61, section 26-64, 225 
subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 226 
26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 227 
or 26-141, subdivision (1) of section 26-186, section 26-207, 26-215, 26-228 
217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-230, 229 
26-232, 26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-230 
294, 28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), 231 
(e) or (g) of section 29-161q, section 29-161y or 29-161z, subdivision (1) 232 
of section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of 233 
section 29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-234 
10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-235 
32, 31-36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, 236 
subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 237 
31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, 238 
subdivision (1) of section 35-20, section 36a-787, 42-230, 45a-283, 45a-239 
450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 240 
46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 241 
53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-242 
321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of section 53-344b, or 243 
section 53-450, or (2) a violation under the provisions of chapter 268, or 244 
(3) a violation of any regulation adopted in accordance with the 245 
provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any 246 
ordinance, regulation or bylaw of any town, city or borough, except 247  Raised Bill No.  5259 
 
 
 
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violations of building codes and the health code, for which the penalty 248 
exceeds ninety dollars but does not exceed two hundred fifty dollars, 249 
unless such town, city or borough has established a payment and 250 
hearing procedure for such violation pursuant to section 7-152c, shall 251 
follow the procedures set forth in this section. 252 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2020 14-296aa(h) 
Sec. 2 October 1, 2020 51-56a(d) 
Sec. 3 October 1, 2020 14-21i 
Sec. 4 October 1, 2020 14-311 
Sec. 5 October 1, 2020 New section 
Sec. 6 October 1, 2020 51-164n(b) 
 
Statement of Purpose:   
To (1) require motorists to grant the right-of-way to pedestrians who 
affirmatively indicate their intention to cross the road in a crosswalk; (2) 
allow local traffic authorities to establish lower speed limits on streets 
under their jurisdiction by holding a public hearing regarding such 
speed limits and providing notification of such speed limits to the Office 
of the State Traffic Administration; (3) increase the fine for operating a 
motor vehicle while using a hand-held mobile telephone or electronic 
device; (4) increase the additional fee provided to municipalities for 
certain traffic violations; and (5) establish the greenways 
commemorative account. 
[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.]