Connecticut 2020 Regular Session

Connecticut Senate Bill SB00153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 1471 1 of 5
4	4
5	5	General Assembly Raised Bill No. 153
6	6	February Session, 2020
7	7	LCO No. 1471
8	8
9	9
10	10	Referred to Committee on TRANSPORTATION
11	11
12	12
13	13	Introduced by:
14	14	(TRA)
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16	16
17	17
18	18
19	19	AN ACT CONCERNING AN ADVANCED OPERATOR'S RETRAINING
20	20	PROGRAM.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 14-111g of the 2020 supplement to the general 1
25	25	statutes is repealed and the following is substituted in lieu thereof 2
26	26	(Effective October 1, 2020): 3
27	27	(a) For the purposes of this subsection, "moving violation" means any 4
28	28	violation of subsection (c) of section 14-36 or section 14-36g, 14-212d, 14-5
29	29	218a, 14-219, 14-222, 14-223, 14-230 to 14-249, inclusive, 14-279, 14-283, 6
30	30	14-289b, 14-296aa, 14-299, 14-300, 14-301, 14-302 or 14-303, and 7
31	31	"suspension violation" means a violation of section 14-222a, 14-224, 14-8
32	32	227a, 14-227m or 14-227n, or section 53a-56b, 53a-57 or 53a-60d. The 9
33	33	Commissioner of Motor Vehicles may require any motor vehicle 10
34	34	operator who is twenty-four years of age or less, who has been convicted 11
35	35	of a moving violation or a suspension violation, or both, committed on 12
36	36	two or more occasions to attend [a motor vehicle] and operator's 13
37	37	retraining program. The commissioner may require any motor vehicle 14
38	38	operator over twenty-four years of age, who has been convicted of a 15 Raised Bill No. 153
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40	40
41	41
42	42	LCO No. 1471 2 of 5
43	43
44	44	moving violation or a suspension violation or a combination of said 16
45	45	violations, committed on three or more occasions to attend [a motor 17
46	46	vehicle] an operator's retraining program. The commissioner shall 18
47	47	require any motor vehicle operator convicted of traveling more than 19
48	48	seventy-five miles per hour, any person operating a commercial motor 20
49	49	vehicle convicted of traveling more than sixty-five miles per hour in a 21
50	50	highway work zone, as defined in section 14-212d, or any person 22
51	51	convicted of a violation of subdivision (1) of subsection (c) of section 14-23
52	52	224, to attend [a motor vehicle] an operator's retraining program. The 24
53	53	commissioner shall notify such operator, in writing, of such 25
54	54	requirement. A fee of not more than eighty-five dollars shall be charged 26
55	55	for the operator's retraining program. The commissioner, after notice 27
56	56	and opportunity for hearing, [may] shall suspend the motor vehicle 28
57	57	operator's license of any such operator who fails to attend or 29
58	58	successfully complete the program until the operator successfully 30
59	59	completes the program. The hearing shall be limited to any claim of 31
60	60	impossibility of the operator to attend the [retraining] program, or to a 32
61	61	determination of mistake or misidentification. 33
62	62	(b) The operator's retraining program shall be taught by a designee 34
63	63	of the Commissioner of Motor Vehicles or by an instructor approved by 35
64	64	the commissioner and shall (1) review principles of motor vehicle 36
65	65	operation, (2) develop alternative attitudes for those attitudes 37
66	66	contributing to aggressive driving behavior, and (3) emphasize the need 38
67	67	to practice safe driving behavior. 39
68	68	(c) The operator's retraining program and the advanced operator's 40
69	69	retraining program described in subsection (e) of this section shall be 41
70	70	offered by the Department of Motor Vehicles or by any other 42
71	71	organization certified by the commissioner to conduct such [program] 43
72	72	programs. Any drivers' school, as defined in section 14-68, that meets 44
73	73	the licensure requirements of part IV of this chapter shall be eligible to 45
74	74	seek certification to offer [the motor vehicle operator's retraining 46
75	75	program] such programs. The commissioner shall determine the 47
76	76	number of program providers necessary to serve the needs of the public. 48
77	77	Each organization or drivers' school seeking certification or 49 Raised Bill No. 153
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79	79
80	80
81	81	LCO No. 1471 3 of 5
82	82
83	83	recertification to conduct such [retraining program] programs shall 50
84	84	submit an application to the department for each such program in such 51
85	85	form as the commissioner shall require and an application fee of three 52
86	86	hundred fifty dollars for each application. Each such applicant shall: 53
87	87	[(A)] (1) Be registered to do business in this state and continuously 54
88	88	maintain good standing with the office of the Secretary of the State; [(B)] 55
89	89	(2) file and continuously maintain a surety bond in the amount of fifty 56
90	90	thousand dollars. Such bond shall be conditioned upon compliance with 57
91	91	the provisions of any state or federal law or regulation concerning the 58
92	92	conduct of an [operator] operator's retraining program or an advanced 59
93	93	operator's retraining program and provided as indemnity for any loss 60
94	94	or expense sustained by either the state or any person by reason of any 61
95	95	acts or omissions of the program provider. Such bond shall be executed 62
96	96	in the name of the State of Connecticut for the benefit of any aggrieved 63
97	97	party, but the penalty of the bond shall not be invoked except upon 64
98	98	order of the Commissioner of Motor Vehicles after a hearing held before 65
99	99	the commissioner in accordance with the provisions of chapter 54; [(C)] 66
100	100	(3) have a permanent place of business in this state where all [operator 67
101	101	retraining] program records shall be maintained and accessible to the 68
102	102	commissioner during normal business hours; [(D)] (4) submit for 69
103	103	approval by the commissioner a detailed curriculum and lesson plan, 70
104	104	including any changes to such curriculum and lesson plan, which shall 71
105	105	be used in each [operator retraining class] program; and [(E)] (5) 72
106	106	electronically transmit information concerning enrollment and [class] 73
107	107	program completion to the commissioner at such times and in such form 74
108	108	as the commissioner shall prescribe. Prior to the certification of an 75
109	109	applicant, the commissioner shall investigate the applicant's character, 76
110	110	driving history and criminal history. If the applicant is a business entity, 77
111	111	such investigation shall include the principals and officers of such 78
112	112	entity. The applicant shall submit to the commissioner any information 79
113	113	pertaining to current or past criminal or civil actions. The certification 80
114	114	of a program provider by the commissioner shall not be transferable and 81
115	115	shall be valid for a two-year period. Recertification of a program 82
116	116	provider shall be at the discretion of the commissioner and in such form 83
117	117	and manner determined by the commissioner. 84 Raised Bill No. 153
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120	120
121	121	LCO No. 1471 4 of 5
122	122
123	123	[(c)] (d) Any person who is required to attend an [operator] operator's 85
124	124	retraining program shall have such requirement and the completion 86
125	125	date of such requirement posted on such person's driving history record 87
126	126	maintained by the commissioner. The date of [class] program 88
127	127	completion shall remain on such person's driving history record until 89
128	128	such person has attained thirty-six consecutive months without any 90
129	129	additional moving violations or suspension violations specified in 91
130	130	subsection (a) of this section being posted to such person's driving 92
131	131	history record. Until the completion of such thirty-six consecutive 93
132	132	months, the Commissioner of Motor Vehicles shall: [suspend] (1) 94
133	133	Suspend such person's operator's license or operating privilege for [: (1) 95
134	134	Thirty] (A) thirty days upon a first conviction for any specified moving 96
135	135	violation or suspension violation; [(2)] (B) sixty days upon a second 97
136	136	conviction of any specified moving violation or suspension violation; 98
137	137	and [(3)] (C) ninety days for a third or subsequent conviction of a 99
138	138	specified moving violation or suspension violation, and (2) upon a first 100
139	139	conviction for any specified moving violation or suspension violation, 101
140	140	require such person to attend and successfully complete an advanced 102
141	141	operator's retraining program. The commissioner shall notify such 103
142	142	person, in writing, of the requirement to attend an advanced operator's 104
143	143	retraining program. The commissioner, after notice and opportunity for 105
144	144	hearing, shall suspend the motor vehicle operator's license of any such 106
145	145	person who fails to attend or successfully complete the advanced 107
146	146	operator's retraining program until such person successfully completes 108
147	147	the program. The hearing shall be limited to any claim of impossibility 109
148	148	of such person to attend the advanced operator's retraining program, or 110
149	149	to a determination of mistake or misidentification. 111
150	150	(e) The advanced operator's retraining program shall consist of not 112
151	151	less than eight hours of in-person classroom instruction. The program 113
152	152	may include: (1) An examination of the operator's behavior in various 114
153	153	driving situations to help the operator understand the behavioral 115
154	154	driving characteristics that have resulted in the conviction of a moving 116
155	155	violation or suspension violation; (2) psychology-based principles as 117
156	156	they relate to driving behaviors; (3) an examination of why operators 118 Raised Bill No. 153
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158	158
159	159
160	160	LCO No. 1471 5 of 5
161	161
162	162	choose to obey or disobey motor vehicle laws; (4) a review of the four 119
163	163	components of human behavior and the ability to choose behaviors; and 120
164	164	(5) a review of the effects of prescription drugs and over-the-counter 121
165	165	drugs on the operator of a motor vehicle and the dangers associated 122
166	166	with speeding, right-of-way violations, improper passing, driving with 123
167	167	insufficient space between vehicles and driving in an aggressive manner 124
168	168	or while distracted or fatigued. A fee of not more than one hundred 125
169	169	thirty-five dollars shall be charged for the advanced operator's 126
170	170	retraining program. 127
171	171	[(d)] (f) The commissioner shall adopt regulations in accordance with 128
172	172	chapter 54 to implement the provisions of [subsections (a) and (b) of] 129
173	173	this section. 130
174	174	This act shall take effect as follows and shall amend the following
175	175	sections:
176	176
177	177	Section 1 October 1, 2020 14-111g
178	178
179	179	Statement of Purpose:
180	180	To establish an advanced operator's retraining program.
181	181	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
182	182	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
183	183	underlined.]
184	184