LCO No. 1721 1 of 9 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 Subsection (h) of section 14-296aa of the 2020 supplement 1 to the general statutes is repealed and the following is substituted in lieu 2 thereof (Effective October 1, 2020): 3 (h) Any person who violates this section shall be fined one hundred 4 [fifty]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 Subsection (d) of section 51-56a of the general statutes is 8 repealed and the following is substituted in lieu thereof (Effective October 9 1, 2020): 10 (d) Each person who pays in any sum as a fine or forfeiture for any 11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 LCO No. 1721 2 of 9 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 Section 14-21i of the general statutes is repealed and the 26 following is substituted in lieu thereof (Effective October 1, 2020): 27 (a) [On and after January 1, 1998, the] The Commissioner of Motor 28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 LCO No. 1721 3 of 9 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 LCO No. 1721 4 of 9 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 LCO No. 1721 5 of 9 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 LCO No. 1721 6 of 9 (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 LCO No. 1721 7 of 9 393, 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 LCO No. 1721 8 of 9 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 LCO No. 1721 9 of 9 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.]