LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429-R01- HB.docx 1 of 31 General Assembly Substitute Bill No. 5429 January Session, 2021 AN ACT CONCERNING PE DESTRIAN SAFETY, VISION ZERO COUNCIL, SPEED LIMITS IN MUNICIPALITIES, FINES AND CHARGES FOR CERTAIN VIOLATIONS, THE GREENWAYS COMMEMORATIVE ACCOUNT AND MAINTENA NCE WORK ZONE AND SC HOOL ZONE SAFETY ENFORCEMENT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (c) of section 14-300 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective October 2 1, 2021): 3 (c) Except as provided in subsection (c) of section 14-300c, at any 4 crosswalk marked as provided in subsection (a) of this section or any 5 unmarked crosswalk, provided such crosswalks are not controlled by 6 police officers or traffic control signals, each operator of a vehicle shall 7 grant the right-of-way, and slow or stop such vehicle if necessary to so 8 grant the right-of-way, to any pedestrian crossing the roadway within 9 such crosswalk. [, provided such pedestrian steps off the curb or into the 10 crosswalk at the entrance to a crosswalk or is within that half of the 11 roadway upon which such operator of a vehicle is traveling, or such 12 pedestrian steps off the curb or into the crosswalk at the entrance to a 13 crosswalk or is crossing the roadway within such crosswalk from that 14 half of the roadway upon which such operator is not traveling.] For the 15 purposes of this subsection, a pedestrian is "crossing the roadway 16 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 2 of 31 within such crosswalk" when the pedestrian (1) is within any portion of 17 the crosswalk, (2) steps to the curb at the entrance to the crosswalk and 18 indicates his or her intent to cross the roadway by raising his or her hand 19 and arm toward oncoming traffic, or (3) indicates his or her intent to 20 cross the roadway by moving any part of his or her body or an extension 21 thereof, including, but not limited to, a wheelchair, cane, walking stick, 22 crutch, bicycle, electric bicycle, stroller, carriage, cart or leashed or 23 harnessed dog, into the crosswalk at the entrance to the crosswalk. No 24 operator of a vehicle approaching from the rear shall overtake and pass 25 any vehicle, the operator of which has stopped at any crosswalk marked 26 as provided in subsection (a) of this section or any unmarked crosswalk 27 to permit a pedestrian to cross the roadway. The operator of any vehicle 28 crossing a sidewalk shall yield the right-of-way to each pedestrian and 29 all other traffic upon such sidewalk. 30 Sec. 2. (Effective from passage) (a) There is established a Vision Zero 31 Council to develop a state-wide policy and interagency approach to 32 eliminate all transportation-related fatalities and severe injuries to 33 pedestrians, bicyclists, transit users, motorists and passengers. The 34 council shall consider ways to improve safety across all modes of 35 transportation by using data, new partnerships, safe planning and 36 community-based solutions to achieve the goal of zero transportation-37 related fatalities. 38 (b) The council shall consist of the Commissioners of Transportation, 39 Motor Vehicles and Energy and Environmental Protection, or their 40 designees, and any other commissioner of a state agency, or such 41 commissioner's designee, invited to participate by the Commissioners 42 of Transportation, Motor Vehicles and Energy and Environmental 43 Protection. The Commissioner of Transportation or the commissioner's 44 designee shall serve as chairperson of the council and shall schedule the 45 first meeting of the council not later than September 1, 2021. The 46 Department of Transportation shall serve as administrative staff of the 47 council. 48 (c) On or before February 1, 2022, and annually thereafter, the council 49 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 3 of 31 shall submit the state-wide policy and interagency approach and any 50 other recommendations to the joint standing committee of the General 51 Assembly having cognizance of matters relating to transportation, in 52 accordance with the provisions of section 11-4a of the general statutes. 53 Sec. 3. Subsection (d) of section 14-311 of the general statutes is 54 repealed and the following is substituted in lieu thereof (Effective October 55 1, 2021): 56 (d) In determining the advisability of such certification, the Office of 57 the State Traffic Administration shall include, in its consideration, 58 highway safety, bicycle and pedestrian access and safety, the width and 59 character of the highways affected, the density of traffic thereon, the 60 character of such traffic and the opinion and findings of the traffic 61 authority of the municipality wherein the development is located. The 62 Office of the State Traffic Administration may require improvements to 63 be made by the applicant to the extent that such improvements address 64 impacts to highway safety or bicycle and pedestrian access and safety 65 created by the addition of the applicant's proposed development or 66 activity. If the Office of the State Traffic Administration determines that 67 such improvements, including traffic signals, pavement markings, 68 channelization, pavement widening or other changes or traffic control 69 devices, are required to handle traffic safely and efficiently, one 70 hundred per cent of the cost thereof shall be borne by the person 71 building, establishing or operating such open air theater, shopping 72 center or other development generating large volumes of traffic, except 73 that such cost shall not be borne by any municipal agency. The 74 Commissioner of Transportation may issue a permit to said person to 75 construct or install the changes required by the Office of the State Traffic 76 Administration. 77 Sec. 4. (NEW) (Effective October 1, 2021) (a) For the purposes of this 78 section, "moving traffic" includes, but is not limited to, a motor vehicle, 79 bicycle, electric bicycle or electric foot scooter using a highway for the 80 purpose of travel and a pedestrian or a person riding a bicycle, electric 81 bicycle or electric foot scooter on a sidewalk, shoulder or bikeway for 82 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 4 of 31 the purpose of travel, and "bikeway" has the same meaning as provided 83 in subsection (a) of section 13a-153f of the general statutes. 84 (b) No person shall open the door of a motor vehicle in such a manner 85 as to cause physical contact with moving traffic with such door. 86 (c) No person shall leave the door of a motor vehicle open for a period 87 of time longer than necessary to load or unload passengers and in such 88 a manner as to cause physical contact with moving traffic with such 89 door. 90 (d) Any person who violates any provision of this section shall have 91 committed an infraction. 92 Sec. 5. Section 51-56a of the general statutes is repealed and the 93 following is substituted in lieu thereof (Effective October 1, 2021): 94 (a) Each clerk of the Supreme Court and Superior Court shall account 95 for and pay or deposit all fees, fines, forfeitures and contributions made 96 to the Criminal Injuries Compensation Fund and the proceeds of 97 judgments of such clerk's office in the manner provided by section 4-32. 98 If any such clerk fails to so account and pay or deposit, such failure shall 99 be reported by the Treasurer to the Chief Court Administrator who may 100 thereupon remove the clerk. When any such clerk dies before so 101 accounting and paying or depositing, the Treasurer shall require the 102 executor of such clerk's will or administrator of such clerk's estate to so 103 account. If any such clerk is removed from office, the Treasurer shall 104 require such clerk to account for any money of the state remaining in 105 such clerk's hands at the time of such removal and, if such clerk neglects 106 to so account, the Treasurer shall certify the neglect to the Chief Court 107 Administrator. 108 (b) (1) The state shall remit to the municipalities in which the 109 violations occurred all amounts received in respect to the violation of 110 subdivision (2) of subsection (a) of section 14-12, sections 14-251, 14-252, 111 14-253a and 14-305 to 14-308, inclusive, or any regulation adopted 112 thereunder or ordinance enacted in accordance therewith, and (2) in the 113 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 5 of 31 case of the municipalities ranked one to eight, inclusive, when all 114 municipalities are ranked from highest to lowest in population, based 115 on the most recent federal decennial census, the state shall remit to the 116 municipality in which the violations occurred fifty per cent of the fine 117 amounts received in respect to the violation of section 14-250b, or any 118 ordinance enacted in accordance therewith. Each clerk of the Superior 119 Court or the Chief Court Administrator, or any other official of the 120 Superior Court designated by the Chief Court Administrator, shall, on 121 or before the thirtieth day of January, April, July and October in each 122 year, certify to the Comptroller the amount due for the previous quarter 123 under this subsection to each municipality served by the office of the 124 clerk or official, provided prior to the institution of court proceedings, a 125 city, town or borough shall have the authority to collect and retain all 126 proceeds from parking violations committed within the jurisdiction of 127 such city, town or borough. 128 (c) For the purpose of providing additional funds for municipal and 129 state police training, each person who pays in any sum as (1) a fine or 130 forfeiture for any violation of section 14-12, 14-215, 14-219, as amended 131 by this act, 14-222, as amended by this act, 14-224, 14-225, 14-227a, 14-132 227m, 14-227n, 14-266, 14-267a, 14-269 or 14-283, as amended by this act, 133 or (2) a fine or forfeiture for any infraction, shall pay an additional fee 134 of one dollar for each eight dollars or fraction thereof of the amount such 135 person is required to pay, except if such payment is made for violation 136 of such a section which is deemed to be an infraction, such additional 137 fee shall be only on the first eighty-eight dollars of such fine or 138 forfeiture. Such additional fee charged shall be deposited in the General 139 Fund. 140 (d) Each person who pays in any sum as a fine or forfeiture for any 141 violation of sections 14-218a, as amended by this act, 14-219, as amended 142 by this act, 14-222, as amended by this act, 14-223, 14-227a, 14-227m, 14-143 227n, sections 14-230 to 14-240, inclusive, sections 14-241 to 14-249, 144 inclusive, section 14-279 for the first offense, sections 14-289b, 14-299, 145 14-300, as amended by this act, 14-300d, sections 14-301 to 14-303, 146 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 6 of 31 inclusive, section 4 of this act or any regulation adopted under said 147 sections or ordinance enacted in accordance with said sections shall pay 148 an additional fee of [twenty] twenty-five dollars. The state shall remit to 149 the municipalities in which the violations occurred the amounts paid 150 under this subsection. Each clerk of the Superior Court or the Chief 151 Court Administrator, or any other official of the Superior Court 152 designated by the Chief Court Administrator, on or before the thirtieth 153 day of January, April, July and October in each year, shall certify to the 154 Comptroller the amount due for the previous quarter under this 155 subsection to each municipality served by the office of the clerk or 156 official. 157 (e) The state shall remit to the municipalities in which the violation 158 occurred all fine amounts received in respect to the violation of section 159 14-279 after crediting twelve per cent of such fine amounts to the Special 160 Transportation Fund established under section 13b-68 and crediting 161 eight per cent of such fine amounts to the General Fund. Each clerk of 162 the Superior Court or the Chief Court Administrator, or any other 163 official of the Superior Court designated by the Chief Court 164 Administrator, shall, on or before the thirtieth day of January, April, July 165 and October in each year, certify to the Comptroller the amount due for 166 the previous quarter under this subsection to each municipality served 167 by the office of the clerk or official. 168 (f) The state shall remit to the municipalities in which the violation 169 occurred all amounts received in respect to the violation of subdivisions 170 (2) and (3) of subsection (b) of section 22 of this act for the purpose of 171 improving traffic safety within such municipality, after depositing ten 172 dollars received from each such violation into an account controlled by 173 the Department of Transportation to be used for the cost of the public 174 awareness campaign implemented by the Commissioner of 175 Transportation pursuant to section 17 of this section. Each clerk of the 176 Superior Court or the Chief Court Administrator, or any other official of 177 the Superior Court designated by the Chief Court Administrator, shall, 178 on or before the thirtieth day of January, April, July and October in each 179 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 7 of 31 year, certify to the Comptroller the amount due for the previous quarter 180 under this subsection to each municipality served by the office of the 181 clerk or official. 182 Sec. 6. Section 14-218a of the general statutes is repealed and the 183 following is substituted in lieu thereof (Effective July 1, 2021): 184 (a) No person shall operate a motor vehicle upon any public highway 185 of the state, or road of any specially chartered municipal association or 186 any district organized under the provisions of chapter 105, a purpose of 187 which is the construction and maintenance of roads and sidewalks, or 188 on any parking area as defined in section 14-212, or upon a private road 189 on which a speed limit has been established in accordance with this 190 subsection, or upon any school property, at a rate of speed greater than 191 is reasonable, having regard to the width, traffic and use of highway, 192 road or parking area, the intersection of streets and weather conditions. 193 The Office of the State Traffic Administration may determine speed 194 limits which are reasonable and safe on any state highway, bridge or 195 parkway built or maintained by the state, and differing limits may be 196 established for different types of vehicles, and may erect or cause to be 197 erected signs indicating such speed limits. [The] Except as provided in 198 subsection (c) of this section and section 7 of this act, the traffic authority 199 of any town, city or borough may establish speed limits on streets, 200 highways and bridges or in any parking area for ten cars or more or on 201 any private road wholly within the municipality under its jurisdiction; 202 provided such limit on streets, highways, bridges and parking areas for 203 ten cars or more shall become effective only after application for 204 approval thereof has been submitted in writing to the Office of the State 205 Traffic Administration and a certificate of such approval has been 206 forwarded by the office to the traffic authority; and provided such signs 207 giving notice of such speed limits shall have been erected as the Office 208 of the State Traffic Administration directs, provided the erection of such 209 signs on any private road shall be at the expense of the owner of such 210 road. The presence of such signs adjacent to or on the highway or 211 parking area for ten cars or more shall be prima facie evidence that they 212 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 8 of 31 have been so placed under the direction of and with the approval of the 213 Office of the State Traffic Administration. Approval of such speed limits 214 may be revoked by the Office of the State Traffic Administration at any 215 time if said office deems such revocation to be in the interest of public 216 safety and welfare, and thereupon such speed limits shall cease to be 217 effective and any signs that have been erected shall be removed. Any 218 speed in excess of [such limits] a speed limit established in accordance 219 with this section or section 7 of this act, other than speeding as provided 220 for in section 14-219, as amended by this act, shall be prima facie 221 evidence that such speed is not reasonable, but the fact that the speed of 222 a vehicle is lower than such [limits] speed limit shall not relieve the 223 operator from the duty to decrease speed when a special hazard exists 224 with respect to pedestrians or other traffic or by reason of weather or 225 highway conditions. 226 (b) The Office of the State Traffic Administration shall establish a 227 speed limit of sixty-five miles per hour on any multiple lane, limited 228 access highways that are suitable for a speed limit of sixty-five miles per 229 hour, taking into consideration relevant factors including design, 230 population of area and traffic flow. 231 (c) (1) The traffic authority of any town, city or borough may establish 232 or modify speed limits on streets, highways and bridges or in any 233 parking area for ten cars or more or on any private road wholly within 234 the municipality under its jurisdiction without approval from the Office 235 of the State Traffic Administration, provided the traffic authority (A) 236 establishes, modifies and maintains the speed limits on all streets, 237 highways and bridges and in parking areas for ten cars or more or on 238 any private road wholly within the municipality under its jurisdiction, 239 (B) conducts an engineering study described in subdivision (2) of this 240 subsection, (C) notifies the office in writing of the intention of the traffic 241 authority to assume responsibility and authority for establishing speed 242 limits on all streets, highways and bridges and in parking areas for ten 243 cars or more or on any private road wholly within the municipality 244 under its jurisdiction, and (D) notifies the Department of Transportation 245 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 9 of 31 of each change to a speed limit on such street, highway, bridge and 246 parking area wholly within the municipality under its jurisdiction so the 247 department may maintain a state-wide inventory of speed limits. Any 248 speed limit approved by the office pursuant to the provisions of 249 subsection (a) of this section shall remain in effect until modified by such 250 traffic authority. The traffic authority shall not establish or modify a 251 speed limit lower than twenty miles per hour unless the speed limit is 252 established or modified in a pedestrian safety zone pursuant to section 253 7 of this act or the engineering study described in subdivision (2) of this 254 subsection indicates that a speed limit lower than twenty-five miles per 255 hour is reasonable. 256 (2) Prior to establishing or modifying a speed limit pursuant to the 257 provisions of subdivision (1) of this subsection, the traffic authority shall 258 conduct an engineering study in accordance with the Federal Highway 259 Administration's Manual on Uniform Traffic Control Devices for Streets 260 and Highways, as amended from time to time, and other generally 261 accepted engineering principles and guidance. The study shall be 262 completed by a professional engineer licensed to practice in this state 263 and shall consider factors, including, but not limited to, pedestrian 264 activity, type of land use and development, parking and the record of 265 traffic accidents in the jurisdiction of the traffic authority. 266 (3) The Office of the State Traffic Administration may adopt 267 regulations, in accordance with the provisions of chapter 54, to 268 implement the provisions of this subsection. 269 [(c)] (d) Any person who operates a motor vehicle at a greater rate of 270 speed than is reasonable, other than speeding, as provided for in section 271 14-219, as amended by this act, shall commit the infraction of traveling 272 unreasonably fast. 273 Sec. 7. (NEW) (Effective July 1, 2021) (a) The traffic authority of any 274 town, city or borough may establish a pedestrian safety zone on any 275 street, highway and bridge or in any parking area for ten cars or more 276 or on any private road wholly within the municipality under its 277 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 10 of 31 jurisdiction, provided (1) the traffic authority conducts an engineering 278 study described in subsection (b) of this section, (2) the posted speed 279 limit for such zone is not less than fifteen miles per hour, and (3) such 280 zone encompasses a clearly defined downtown district or community 281 center frequented by pedestrians. 282 (b) Prior to establishing a pedestrian safety zone, the traffic authority 283 shall conduct an engineering study in accordance with the Federal 284 Highway Administration's Manual on Uniform Traffic Control Devices 285 for Streets and Highways, as amended from time to time, and other 286 generally accepted engineering principles and guidance. The study shall 287 be completed by a professional engineer licensed to practice in this state 288 and shall consider factors, including, but not limited to, pedestrian 289 activity, type of land use and development, parking and the record of 290 traffic crashes in the area under consideration to be a pedestrian safety 291 zone. If the study recommends the establishment of a pedestrian safety 292 zone, the study shall also include a speed management plan and 293 recommend actions to achieve lower motor vehicle speeds. 294 (c) In a municipality where the Office of the State Traffic 295 Administration approves speed limits on the streets, highways and 296 bridges or in any parking area for ten cars or more or on any private 297 road wholly within the municipality in accordance with section 14-218a 298 of the general statutes, as amended by this act, the traffic authority shall 299 notify the Office of the State Traffic Administration in writing of the 300 establishment of any pedestrian safety zone and confirm that the 301 requirements of this section have been satisfied. 302 (d) If the Commissioner of Transportation or a traffic authority of any 303 town, city or borough seeks to establish a pedestrian safety zone on a 304 state highway that passes through a downtown or community center, 305 the commissioner or traffic authority shall submit a written request to 306 the Office of State Traffic Administration and include with such request 307 the engineering study and speed management plan conducted pursuant 308 to subsection (b) of this section. The Office of the State Traffic 309 Administration shall be the sole authority for establishing a pedestrian 310 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 11 of 31 safety zone on a state highway and shall provide a written explanation 311 of the reasons for denying any such request. 312 (e) The Office of the State Traffic Administration may adopt 313 regulations, in accordance with the provisions of chapter 54 of the 314 general statutes, to implement the provisions of this section. 315 Sec. 8. Subsection (a) of section 14-36 of the general statutes is 316 repealed and the following is substituted in lieu thereof (Effective October 317 1, 2021): 318 (a) Except as otherwise provided by this section and section 14-40a, 319 no person shall operate a motor vehicle on any public highway of this 320 state or private road on which a speed limit has been established in 321 accordance with [subsection (a) of] section 14-218a, as amended by this 322 act, or section 7 of this act, until such person has obtained a motor 323 vehicle operator's license. 324 Sec. 9. Subsections (a) and (b) of section 14-219 of the general statutes 325 are repealed and the following is substituted in lieu thereof (Effective 326 October 1, 2021): 327 (a) No person shall operate any motor vehicle (1) upon any highway, 328 road or any parking area for ten cars or more, at such a rate of speed as 329 to endanger the life of any occupant of such motor vehicle, but not the 330 life of any other person than such an occupant; (2) at a rate of speed 331 greater than fifty-five miles per hour upon any highway other than a 332 highway specified in subsection (b) of section 14-218a, as amended by 333 this act, for which a speed limit has been established in accordance with 334 the provisions of said subsection; (3) at a rate of speed greater than sixty-335 five miles per hour upon any highway specified in subsection (b) of 336 section 14-218a, as amended by this act, for which a speed limit has been 337 established in accordance with the provisions of said subsection; or (4) 338 if such person is under eighteen years of age, upon any highway or road 339 for which a speed limit of less than sixty-five miles per hour has been 340 established in accordance with [subsection (a) of] section 14-218a, as 341 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 12 of 31 amended by this act, or section 7 of this act, at a rate of speed more than 342 twenty miles per hour above such speed limit. 343 (b) Any person who operates a motor vehicle (1) on a multiple lane, 344 limited access highway other than a highway specified in subsection (b) 345 of section 14-218a, as amended by this act, for which a speed limit has 346 been established in accordance with the provisions of said subsection at 347 a rate of speed greater than fifty-five miles per hour but not greater than 348 seventy miles per hour, (2) on a multiple lane, limited access highway 349 specified in subsection (b) of section 14-218a, as amended by this act, for 350 which a speed limit has been established in accordance with the 351 provisions of said subsection at a rate of speed greater than sixty-five 352 miles per hour but not greater than seventy miles per hour, (3) on any 353 other highway at a rate of speed greater than fifty-five miles per hour 354 but not greater than sixty miles per hour, or (4) if such person is under 355 eighteen years of age, upon any highway or road for which a speed limit 356 of less than sixty-five miles per hour has been established in accordance 357 with [subsection (a) of] section 14-218a, as amended by this act, or 358 section 7 of this act, at a rate of speed more than twenty miles per hour 359 above such speed limit, shall commit an infraction, provided any such 360 person operating a truck, as defined in section 14-260n, shall have 361 committed a violation and shall be fined not less than one hundred 362 dollars nor more than one hundred fifty dollars. 363 Sec. 10. Subsection (a) of section 14-222 of the general statutes is 364 repealed and the following is substituted in lieu thereof (Effective October 365 1, 2021): 366 (a) No person shall operate any motor vehicle upon any public 367 highway of the state, or any road of any specially chartered municipal 368 association or of any district organized under the provisions of chapter 369 105, a purpose of which is the construction and maintenance of roads 370 and sidewalks, or in any parking area for ten cars or more or upon any 371 private road on which a speed limit has been established in accordance 372 with the provisions of section 14-218a, as amended by this act, or section 373 7 of this act or upon any school property recklessly, having regard to the 374 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 13 of 31 width, traffic and use of such highway, road, school property or parking 375 area, the intersection of streets and the weather conditions. The 376 operation of a motor vehicle upon any such highway, road or parking 377 area for ten cars or more at such a rate of speed as to endanger the life 378 of any person other than the operator of such motor vehicle, or the 379 operation, downgrade, upon any highway, of any motor vehicle with a 380 commercial registration with the clutch or gears disengaged, or the 381 operation knowingly of a motor vehicle with defective mechanism, shall 382 constitute a violation of the provisions of this section. The operation of 383 a motor vehicle upon any such highway, road or parking area for ten 384 cars or more at a rate of speed greater than eighty-five miles per hour 385 shall constitute a violation of the provisions of this section. 386 Sec. 11. Subdivision (1) of subsection (b) of section 14-283 of the 387 general statutes is repealed and the following is substituted in lieu 388 thereof (Effective October 1, 2021): 389 (b) (1) The operator of any emergency vehicle may (A) park or stand 390 such vehicle, irrespective of the provisions of this chapter, (B) except as 391 provided in subdivision (2) of this subsection, proceed past any red light 392 or stop signal or stop sign, but only after slowing down or stopping to 393 the extent necessary for the safe operation of such vehicle, (C) exceed 394 the posted speed limits or other speed limits imposed by or pursuant to 395 section 14-218a, as amended by this act, [or] 14-219, as amended by this 396 act, or section 7 of this act as long as such operator does not endanger 397 life or property by so doing, and (D) disregard statutes, ordinances or 398 regulations governing direction of movement or turning in specific 399 directions. 400 Sec. 12. Section 53a-213 of the general statutes is repealed and the 401 following is substituted in lieu thereof (Effective October 1, 2021): 402 (a) A person is guilty of drinking while operating a motor vehicle 403 when [he] such person drinks any alcoholic liquor while operating a 404 motor vehicle upon a public highway of this state or upon any road of 405 any specially chartered municipal association or of any district 406 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 14 of 31 organized under the provisions of chapter 105, a purpose of which is the 407 construction and maintenance of roads and sidewalks, or in any parking 408 area for ten cars or more, or upon any private road on which a speed 409 limit has been established in accordance with the provisions of section 410 14-218a, as amended by this act, or section 7 of this act or upon any 411 school property. As used in this section, "alcoholic liquor" has the same 412 meaning as provided in section 30-1. 413 (b) Drinking while operating a motor vehicle is a class C 414 misdemeanor. 415 Sec. 13. Subsection (h) of section 14-296aa of the general statutes is 416 repealed and the following is substituted in lieu thereof (Effective October 417 1, 2021): 418 (h) Any person who violates this section shall be fined [one] two 419 hundred [fifty] dollars for a first violation, three hundred seventy-five 420 dollars for a second violation and [five] six hundred twenty-five dollars 421 for a third or subsequent violation. 422 Sec. 14. Section 14-21i of the general statutes is repealed and the 423 following is substituted in lieu thereof (Effective October 1, 2021): 424 (a) [On and after January 1, 1998, the] The Commissioner of Motor 425 Vehicles shall issue greenways commemorative number plates of a 426 design to enhance public awareness of, [the] and provide funding for, 427 state and local efforts to preserve, restore and protect greenways. The 428 design shall be determined by agreement between the Commissioner of 429 Energy and Environmental Protection and the Commissioner of Motor 430 Vehicles. No use shall be made of such plates except as official 431 registration marker plates. 432 (b) (1) The Commissioner of Motor Vehicles shall [establish, by 433 regulations adopted in accordance with chapter 54, a fee to be charged] 434 charge a fee of fifty dollars for a greenways commemorative number 435 [plates] plate, with letters and numbers selected by the commissioner, 436 in addition to the regular fee or fees prescribed for the registration of a 437 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 15 of 31 motor vehicle. [The fee shall be for such number plates with letters and 438 numbers selected by the Commissioner of Motor Vehicles. The 439 Commissioner of Motor Vehicles may establish a higher fee for: (1) Such 440 number plates which contain letters in place of numbers as authorized 441 by section 14-49, in addition to the fee or fees prescribed for plates issued 442 under said section; and (2) such number plates which are low number 443 plates, in accordance with section 14-160, in addition to the fee or fees 444 prescribed for plates issued under said section.] The commissioner shall 445 deposit fifteen dollars of such fee into an account controlled by the 446 Department of Motor Vehicles to be used for the cost of producing, 447 issuing, renewing and replacing such commemorative number plates, 448 and thirty-five dollars of such fee into the greenways commemorative 449 account established pursuant to subsection (d) of this section. 450 (2) The commissioner shall charge a fee of seventy dollars for a 451 greenways commemorative number plate that (A) contains letters in 452 place of numbers as authorized by section 14-49, or (B) is a low number 453 plate in accordance with section 14-160, in addition to the fee or fees 454 prescribed for plates issued under said sections. The commissioner shall 455 deposit fifteen dollars of such fee into an account controlled by the 456 Department of Motor Vehicles to be used for the cost of producing, 457 issuing, renewing and replacing such commemorative number plates, 458 and fifty-five dollars of such fee into the greenways commemorative 459 account. 460 (c) No additional renewal fee shall be charged for renewal of 461 registration for any motor vehicle bearing greenways commemorative 462 number plates which contain letters in place of numbers, or low number 463 plates, in excess of the renewal fee for greenways commemorative 464 number plates with letters and numbers selected by the Commissioner 465 of Motor Vehicles. No transfer fee shall be charged for transfer of an 466 existing registration to or from a registration with greenways 467 commemorative number plates. 468 (d) There is established an account to be known as the "greenways 469 commemorative account" which shall be a separate, nonlapsing account 470 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 16 of 31 within the General Fund. The account shall contain any moneys 471 required by law to be deposited in the account. The funds in the account 472 shall be expended by the Commissioner of Energy and Environmental 473 Protection to fund the greenways capital grant program established 474 pursuant to section 23-101 and the bikeway, pedestrian walkway, 475 recreational trail and greenway grant program described in section 23-476 103. 477 [(d)] (e) The Commissioner of Motor Vehicles [, in consultation with 478 the Commissioner of Energy and Environmental Protection, shall] may 479 adopt regulations, in accordance with the provisions of chapter 54, to 480 establish standards and procedures for the issuance, renewal and 481 replacement of greenways commemorative number plates. 482 Sec. 15. (NEW) (Effective October 1, 2021) (a) For the purposes of this 483 section and section 16 of this act: (1) "Automated traffic enforcement 484 safety device" means a photographic device, radar device, laser device 485 or other electrical or mechanical device that (A) records the speed of 486 motor vehicles, and (B) produces one or more recorded images that 487 indicate the date, time and location of the image of each motor vehicle 488 committing a violation of section 22 of this act; (2) "maintenance work 489 zone" means an area of any limited access highway where maintenance 490 work is being performed by the Department of Transportation; and (3) 491 "highway worker" has the same meaning as provided in section 14-212d 492 of the general statutes. 493 (b) (1) The Commissioner of Transportation may install, operate and 494 maintain automated traffic enforcement safety devices in a maintenance 495 work zone, provided sworn members of the Division of State Police 496 within the Department of Emergency Services and Public Protection are 497 not performing highway traffic enforcement or traffic control in such 498 maintenance work zone pursuant to a memorandum of understanding. 499 The commissioner may enter into an agreement with a contractor for 500 such installation, operation and maintenance. Such safety devices may 501 only be operational on or after January 1, 2023, provided the 502 commissioner has adopted regulations concerning such safety devices 503 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 17 of 31 pursuant to section 16 of this act. 504 (2) The commissioner shall post signs that indicate the use of an 505 automated traffic enforcement safety device at a distance of not less than 506 five hundred feet in advance of a maintenance work zone in which such 507 safety device is installed and operational. Such safety device shall not 508 be operational unless one or more highway workers are in the 509 maintenance work zone. Such safety device shall be removed from the 510 maintenance work zone upon completion of the maintenance work. 511 (3) An automated traffic enforcement safety device shall be installed 512 in a manner to only record images of the number plate of a motor 513 vehicle, and shall not record images of the occupants of such motor 514 vehicle or of any other persons or vehicles in the vicinity at the time the 515 images are recorded. 516 (c) Whenever an automated traffic enforcement safety device detects 517 and produces one or more recorded images of the number plate of a 518 motor vehicle exceeding the posted speed limit by eleven miles per hour 519 or more in a maintenance work zone and allegedly committing a 520 violation of section 22 of this act, a sworn member of the Division of 521 State Police within the Department of Emergency Services and Public 522 Protection shall review the recorded images provided by such safety 523 device. If, after such review, such member determines that there are 524 reasonable grounds to believe that a violation has occurred, such 525 member may issue a citation for the alleged violation. If such member 526 authorizes the issuance of a citation for the alleged violation, the 527 Division of State Police shall, not later than ten days after the alleged 528 violation, mail the citation to the registered owner of the motor vehicle 529 together with a copy of the recorded images. Any person who receives 530 a citation pursuant to this subsection shall follow the procedures set 531 forth in section 51-164n of the general statutes, as amended by this act. 532 (d) As provided in subsection (b) of section 14-107 of the general 533 statutes, proof of the registration number of the motor vehicle therein 534 concerned shall be prima facie evidence that the owner was the operator 535 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 18 of 31 thereof, except that, in the case of a leased or rented motor vehicle, such 536 proof shall be prima facie evidence that the lessee was the operator 537 thereof. A recorded image that clearly shows the number plate of a 538 motor vehicle exceeding the posted speed limit by eleven miles per hour 539 or more in a maintenance work zone shall be sufficient proof of the 540 identity of the motor vehicle. 541 (e) A prima facie presumption of accuracy sufficient to support a 542 violation of section 22 of this act will be accorded to an automated traffic 543 enforcement safety device installed, operated and maintained pursuant 544 to this section only upon testimony by a Department of Transportation 545 employee or contractor involved in the installation, operation or 546 maintenance of such safety device that: (1) The employee or contractor 547 has adequate training and experience in the installation, operation and 548 maintenance of such safety device; (2) such safety device was in proper 549 working condition at the time such safety device detected and produced 550 one or more recorded images of the motor vehicle exceeding the posted 551 speed limit by eleven miles per hour or more in a maintenance work 552 zone, and established by proof that suggested methods of testing the 553 proper functioning of such safety device were followed; (3) such safety 554 device was used in an area where road conditions provide a minimum 555 possibility of distortion; and (4) such safety device was expertly tested 556 within a reasonable time following the date such safety device detected 557 and produced one or more recorded images of the motor vehicle 558 exceeding the posted speed limit by eleven miles per hour or more in a 559 maintenance work zone, and such testing was done by means which do 560 not rely on the internal calibrations of such safety device. 561 (f) All defenses shall be available to any person who is alleged to have 562 committed a violation of section 22 of this act, including, but not limited 563 to, that (1) the violation was necessary to allow the passage of an 564 authorized emergency vehicle, (2) the violation was necessary to avoid 565 injuring the person or property of another, (3) the violation took place 566 during a period of time in which the motor vehicle had been reported 567 as being stolen to a law enforcement unit, as defined in section 7-294a of 568 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 19 of 31 the general statutes, and had not been recovered prior to the time of the 569 violation, (4) the person was not operating the motor vehicle at the time 570 of the violation, or (5) the violation was necessary in order for the person 571 to comply with any other general statute or regulation concerning the 572 operation of a motor vehicle. 573 Sec. 16. (NEW) (Effective October 1, 2021) (a) Prior to the operation of 574 an automated traffic enforcement safety device in a maintenance work 575 zone pursuant to section 15 of this act or a school or hospital zone 576 pursuant to the pilot program established pursuant to section 21 of this 577 act, the Commissioner of Transportation, shall adopt regulations, in 578 accordance with the provisions of chapter 54 of the general statutes, 579 regarding the privacy, security, collection, use and disclosure of 580 recorded images and any other data produced by an automated traffic 581 enforcement safety device. Such regulations shall include, but need not 582 be limited to: (1) Procedures to ensure the privacy and security of 583 recorded images; (2) a description of any other data produced by an 584 automated traffic enforcement safety device and collected by the 585 department, municipality or a contractor; and (3) provisions to 586 appropriately limit access to recorded images and other such data. 587 (b) No recorded image or other such data produced by an automated 588 traffic enforcement safety device shall be sold or disclosed by the 589 Department of Transportation, municipality or a contractor to any 590 person or entity except where the disclosure is made: (1) Between the 591 department, the municipality, a contractor, the Division of State Police 592 within the Department of Emergency Services and Public Protection or 593 municipal police department pursuant to section 15 of this act or the 594 pilot program established pursuant to section 21 of this act; (2) pursuant 595 to a judicial order, including a search warrant or a subpoena, in a 596 criminal proceeding; or (3) to comply with federal or state law or 597 regulation. 598 (c) Not less than thirty days after a disclosure of a recorded image or 599 other such data is made pursuant to the provisions of subdivision (2) of 600 subsection (b) of this section, the Department of Transportation, the 601 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 20 of 31 municipality or a contractor shall send or transmit, in a manner 602 determined by the department, municipality or contractor, a notification 603 to the person who was the subject of the judicial order regarding such 604 disclosure. The department, municipality or contractor shall not be 605 required to send such notice by mail if the United States Postal Service 606 has determined that mail is undeliverable to such person at the address 607 for such person that is in the records of the department, municipality or 608 contractor. 609 (d) A recorded image and any other data produced by an automated 610 traffic enforcement safety device shall be destroyed (1) sixty days after 611 the date of the alleged violation, if a citation is not issued for such 612 alleged violation pursuant to subsection (c) of section 15 of this act or 613 subsection (c) of section 21 of this act, or (2) upon final disposition of the 614 case to which it pertains, if a citation is issued for such alleged violation 615 pursuant to subsection (c) of section 15 of this act or subsection (c) of 616 section 21 of this act. 617 (e) The Department of Transportation, municipality or a contractor 618 may disclose aggregate information and other data collected from the 619 use of an automated traffic enforcement safety device that does not 620 directly or indirectly identify a motor vehicle for research purposes 621 authorized by the Commissioner of Transportation. 622 (f) (1) Commencing one year from the date an automated traffic 623 enforcement safety device is operational in a maintenance work zone in 624 this state, and every year thereafter, the Department of Transportation 625 or a contractor shall conduct an internal audit of the department's or 626 contractor's compliance with the regulations adopted pursuant to 627 subsection (a) of this section. 628 (2) Commencing one year from the date an automated traffic 629 enforcement safety device is operational in a school or hospital zone 630 pursuant to the pilot program established pursuant to section 21 of this 631 act, and each year of the pilot program, the municipality or a contractor 632 shall conduct an internal audit of the municipality's or contractor's 633 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 21 of 31 compliance with the regulations adopted pursuant to subsection (a) of 634 this section. 635 (g) Commencing one year from the date an automated traffic 636 enforcement safety device is operational in a maintenance work zone in 637 this state, and every year thereafter, the Department of Transportation 638 shall submit a report, in accordance with the provisions of section 11-4a 639 of the general statutes, to the joint standing committee of the General 640 Assembly having cognizance of matters relating to transportation. Such 641 report shall include, but need not be limited to: (1) The number of times 642 number plates are recorded by an automated traffic enforcement safety 643 device; (2) the number of times the department or a contractor disclosed 644 recorded images or other data produced by an automated traffic 645 enforcement safety device pursuant to a search warrant in a criminal 646 proceeding; (3) the number of times the department or contractor 647 disclosed recorded images or other data pursuant to a subpoena in a 648 criminal proceeding; (4) the number of requests for recorded images or 649 other data received by the department or a contractor, including the 650 identity of the person or entity who made each such request and a copy 651 of each such request; and (5) the results of the internal audit conducted 652 pursuant to subsection (f) of this section. 653 (h) A recorded image or other data produced by an automated traffic 654 enforcement safety device shall not be deemed a public record, for 655 purposes of the Freedom of Information Act, as defined in section 1-200 656 of the general statutes. 657 Sec. 17. (NEW) (Effective October 1, 2021) The Commissioner of 658 Transportation, after consultation with pedestrian safety advocates, 659 shall develop and implement a public awareness campaign to educate 660 the public concerning (1) ways to reduce transportation-related fatalities 661 and severe injuries to pedestrians, bicyclists, transit users, motorists and 662 passengers, (2) the importance of obeying speed limits in a highway 663 work zone, as defined in section 14-212d of the general statutes, school 664 zone, established pursuant to section 14-212b of the general statutes, or 665 hospital zone, established pursuant to section 20 of this act, and (3) the 666 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 22 of 31 possible use of an automated traffic enforcement safety device, as 667 defined in subsection (a) of section 15 of this act in such zones. 668 Sec. 18. Section 14-212g of the general statutes is repealed and the 669 following is substituted in lieu thereof (Effective January 1, 2022): 670 (a) There is established an account to be known as the "work zone 671 safety account" which shall be a separate, nonlapsing account within the 672 Special Transportation Fund. The account shall contain any moneys 673 required by law to be deposited in the account. Moneys in the account 674 shall be expended by the Department of Transportation to [protect the 675 safety of workers in highway work zones, as defined in section 14-212d, 676 through (1) highway traffic enforcement, including, but not limited to, 677 the expansion of the "Operation Big Orange" program, and (2) the 678 purchase and implementation of technology and equipment. Any use of 679 moneys in the work zone safety account by the department, other than 680 for the "Operation Big Orange" program or direct traffic enforcement in 681 work zones, shall be approved by the Highway Work Zone Safety 682 Advisory Council, as described in section 14-212e] pay the costs of 683 sworn members of the Division of State Police within the Department of 684 Emergency Services and Public Protection who are engaged in highway 685 traffic enforcement or traffic control in highway work zones, as defined 686 in section 14-212d. 687 (b) Upon receipt of the moneys paid pursuant to subdivisions (4) and 688 (5) of subsection (b) of section 13b-61, the State Treasurer shall transfer 689 nine thousand dollars of such moneys monthly to the work zone safety 690 account established in subsection (a) of this section. 691 Sec. 19. Section 14-219c of the general statutes is repealed and the 692 following is substituted in lieu thereof (Effective October 1, 2021): 693 [A] Except as provided in subsection (e) of section 15 of this act and 694 subsection (f) of section 21 of this act, a prima facie presumption of 695 accuracy sufficient to support a conviction under section 14-219, as 696 amended by this act, will be accorded to a radar, speed monitoring laser, 697 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 23 of 31 vascar device or any other speed monitoring device approved by the 698 Commissioner of Emergency Services and Public Protection only upon 699 testimony by a competent police officer that: (1) The police officer 700 operating the radar, laser, vascar device or other device has adequate 701 training and experience in its operation; (2) the radar, laser, vascar 702 device or other device was in proper working condition at the time of 703 the arrest, established by proof that suggested methods of testing the 704 proper functioning of the device were followed; (3) the radar, laser, 705 vascar device or other device was used in an area where road conditions 706 provide a minimum possibility of distortion; (4) if moving radar was 707 used, the speed of the patrol car was verified; and (5) the radar, laser, 708 vascar device or other device was expertly tested within a reasonable 709 time following the arrest, and such testing was done by means which do 710 not rely on the internal calibrations of such radar, laser, vascar device or 711 other device. 712 Sec. 20. (NEW) (Effective October 1, 2021) (a) As used in this section, 713 "local highway" means a highway that is under the control of a town, 714 city or borough; and "local traffic authority" means the traffic authority 715 of a town, city or borough. 716 (b) (1) At the request of the legislative body of a town, city or borough, 717 the Office of the State Traffic Administration may designate as a hospital 718 zone any part of a state highway that is adjacent to hospital property or 719 is, in the opinion of said office, sufficiently close to hospital property as 720 to constitute a risk to the public safety under all the circumstances. At 721 the request of such legislative body, the commission may revoke any 722 such designation. (2) A local traffic authority may designate as a hospital 723 zone, and may revoke any such designation, any part of a local highway 724 that is adjacent to hospital property or is, in the opinion of the local 725 traffic authority, sufficiently close to hospital property as to constitute a 726 risk to the public safety under all the circumstances. 727 (c) The Office of the State Traffic Administration with regard to a state 728 highway or the local traffic authority with regard to a local highway 729 shall post a sign approved by the Office of the State Traffic 730 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 24 of 31 Administration at the beginning and at the end of a hospital zone in each 731 direction that traffic is permitted to flow that indicates the designation 732 of such hospital zone. Such sign shall conform with the Federal 733 Highway Administration's Manual on Uniform Traffic Control Devices, 734 as amended from time to time. 735 Sec. 21. (NEW) (Effective October 1, 2021) (a) For the purposes of this 736 section: (1) "Automated traffic enforcement safety device" has the same 737 meaning as provided in subsection (a) of section 15 of this act, (2) "school 738 zone" means an area designated by the Office of the State Traffic 739 Administration or the traffic authority of a town, city or borough 740 pursuant to section 14-212b of the general statutes, and (3) "hospital 741 zone" means an area designated by the Office of the State Traffic 742 Administration or the traffic authority of a town, city or borough 743 pursuant to section 20 of this act. 744 (b) (1) The Secretary of the Office of Policy and Management, in 745 consultation with the Commissioner of Transportation, shall establish a 746 pilot program to allow not more than ten municipalities to install, 747 operate and maintain automated traffic enforcement safety devices in 748 not more than twelve school and hospital zones located in such 749 municipality for a period of five years from the date an automated traffic 750 enforcement safety device first becomes operational in such 751 municipality. A municipality participating in the pilot program may 752 enter into an agreement with a contractor for such installation, operation 753 and maintenance. Such safety devices may only be operational on or 754 after January 1, 2023, provided the commissioner has adopted 755 regulations concerning such safety devices pursuant to section 16 of this 756 act. 757 (2) When selecting school or hospital zones to install and operate an 758 automated traffic enforcement safety device, a participating 759 municipality shall consider factors, including, but not limited to, the 760 speed data, crash history and roadway geometry of such school or 761 hospital zone. 762 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 25 of 31 (3) At least thirty days before an automated traffic enforcement safety 763 device is installed and operational, a participating municipality shall 764 develop and implement a public awareness campaign to educate the 765 public concerning (A) the importance of obeying speed limits in a school 766 and hospital work zone, and (B) the use of an automated traffic 767 enforcement safety device in such zones. 768 (4) When an automated traffic enforcement safety device is installed 769 and operational, a participating municipality shall post signs that 770 indicate the use of such safety device proximate to any sign that 771 indicates the designation of a school zone, in accordance with subsection 772 (d) of section 14-212 of the general statutes, or a hospital zone, in 773 accordance with subsection (c) of section 20 of this act. 774 (5) An automated traffic enforcement safety device shall be installed 775 in a manner to only record images of the number plate of a motor 776 vehicle, and shall not record images of the occupants of such motor 777 vehicle or of any other persons or vehicles in the vicinity at the time the 778 images are recorded. 779 (c) Whenever an automated traffic enforcement safety device detects 780 and produces one or more recorded images of the number plate of a 781 motor vehicle exceeding the posted speed limit by eleven miles per hour 782 or more in a school or hospital zone and allegedly committing a 783 violation of section 22 of this act, a sworn member of the Division of 784 State Police within the Department of Emergency Services and Public 785 Protection or a municipal police department shall review the recorded 786 images provided by such safety device. If, after such review, such 787 member determines that there are reasonable grounds to believe that a 788 violation has occurred, such member may issue a citation for the alleged 789 violation, unless such alleged violation occurred during the first thirty 790 days that such safety device became operational, in which case such 791 member shall issue a warning. If such member authorizes the issuance 792 of a citation or warning for the alleged violation, the Division of State 793 Police or municipal police department shall, not later than thirty days 794 after the alleged violation, mail the citation or warning to the registered 795 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 26 of 31 owner of the motor vehicle together with a copy of the recorded images. 796 Any person who receives a citation pursuant to this subsection shall 797 follow the procedures set forth in section 51-164n of the general statutes. 798 (d) As provided in subsection (b) of section 14-107 of the general 799 statutes, proof of the registration number of the motor vehicle shall be 800 prima facie evidence that the owner was the operator thereof, except 801 that, in the case of a leased or rented motor vehicle, such proof shall be 802 prima facie evidence that the lessee was the operator thereof. A recorded 803 image that clearly shows the number plate of a motor vehicle exceeding 804 the posted speed limit by eleven miles per hour or more in a school or 805 hospital zone shall be sufficient proof of the identity of the motor 806 vehicle. 807 (e) A prima facie presumption of accuracy sufficient to support a 808 violation under section 22 of this act will be accorded to an automated 809 traffic enforcement safety device installed, operated and maintained 810 pursuant to this section only upon testimony by a municipal employee 811 or contractor involved in the installation, operation or maintenance of 812 such safety device that: (1) The employee or contractor has adequate 813 training and experience in the installation, operation and maintenance 814 of such safety device; (2) such safety device was in proper working 815 condition at the time such safety device detected and produced one or 816 more recorded images of the motor vehicle exceeding the posted speed 817 limit by eleven miles per hour or more in a school or hospital zone, and 818 established by proof that suggested methods of testing the proper 819 functioning of such safety device were followed; (3) such safety device 820 was used in an area where road conditions provide a minimum 821 possibility of distortion; and (4) such safety device was expertly tested 822 within a reasonable time following the date such safety device detected 823 and produced one or more recorded images of the motor vehicle 824 exceeding the posted speed limit by eleven miles per hour or more in a 825 school or hospital zone, and such testing was done by means which do 826 not rely on the internal calibrations of such safety device. 827 (f) All defenses shall be available to any person who is alleged to have 828 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 27 of 31 committed a violation of section 22 of this act, including, but not limited 829 to, that (1) the violation was necessary to allow the passage of an 830 authorized emergency vehicle, (2) the violation was necessary to avoid 831 injuring the person or property of another, (3) the violation took place 832 during a period of time in which the motor vehicle had been reported 833 as being stolen to a law enforcement unit, as defined in section 7-294a of 834 the general statutes, and had not been recovered prior to the time of the 835 violation, (4) the person was convicted of committing a violation 836 specified in section 14-218a of the general statutes, as amended by this 837 act, or section 14-219 of the general statutes, as amended by this act, 838 while in a school or hospital zone for the same incident based upon a 839 separate and distinct citation issued by an officer, (5) the person was not 840 operating the motor vehicle at the time of the violation, or (6) the 841 violation was necessary in order for the person to comply with any other 842 general statute or regulation concerning the operation of a motor 843 vehicle. 844 (g) Commencing one year from the date an automated traffic 845 enforcement safety device is operational in a school or hospital zone in 846 this state, and every year thereafter, each participating municipality 847 shall submit a report to the Secretary of the Office of Policy and 848 Management. Such report shall include, but need not be limited to: (1) 849 The number of times number plates are recorded by an automated 850 traffic enforcement safety device; (2) the number of times the 851 municipality or a contractor disclosed recorded images or other data 852 produced by an automated traffic enforcement safety device pursuant 853 to a search warrant in a criminal proceeding; (3) the number of times the 854 municipality or contractor disclosed recorded images or other data 855 pursuant to a subpoena in a criminal proceeding; (4) the number of 856 requests for recorded images or other data received by the municipality 857 or a contractor, including the identity of the person or entity who made 858 each such request and a copy of each such request; and (5) the results of 859 the internal audit conducted pursuant to subsection (f) of section 15 of 860 this act. The secretary shall compile the reports and shall submit, in 861 accordance with section 11-4a of the general statutes, on an annual basis, 862 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 28 of 31 a consolidated report and any recommendations regarding the pilot 863 program to the joint standing committee of the General Assembly 864 having cognizance of matters relating to transportation. 865 Sec. 22. (NEW) (Effective October 1, 2021) (a) For the purposes of this 866 section, (1) "automated traffic enforcement safety device" and 867 "maintenance work zone" have the same meanings as provided in 868 subsection (a) of section 15 of this act, (2) "school zone" and "hospital 869 zone" have the same meanings as provided in section 21 of this act, and 870 (3) "emergency vehicle" has the same meaning as provided in section 14-871 283 of the general statutes, as amended by this act. 872 (b) No person operating a motor vehicle, except an emergency 873 vehicle, shall exceed the posted speed limit by eleven or more miles per 874 hour, as detected by an automated traffic enforcement safety device, 875 within a (1) maintenance work zone, (2) school zone, or (3) hospital 876 zone. 877 (c) No person shall be subject to prosecution for committing a 878 violation of subsection (b) of this section and a violation of section 14-879 212d of the general statutes, 14-218a of the general statutes, as amended 880 by this act, 14-219 of the general statutes, as amended by this act, or 14-881 222 of the general statutes, as amended by this act, because of the same 882 offense. 883 (d) Any person who violates the provisions of subsection (b) of this 884 section shall, (1) for a first violation, be fined seventy-five dollars, and 885 (2) for a subsequent violation, be fined ninety dollars. 886 Sec. 23. Subsection (b) of section 51-164n of the general statutes is 887 repealed and the following is substituted in lieu thereof (Effective October 888 1, 2021): 889 (b) Notwithstanding any provision of the general statutes, any person 890 who is alleged to have committed (1) a violation under the provisions of 891 section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-892 393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-893 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 29 of 31 251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) 894 of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-895 435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 896 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-897 253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 898 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection 899 (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 900 14-12, section 14-20a or 14-27a, subsection (f) of section 14-34a, 901 subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, 902 subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) 903 of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 904 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first 905 violation as specified in subsection (f) of section 14-164i, section 14-219 906 as specified in subsection (e) of said section, subdivision (1) of section 907 14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14-908 261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 909 14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-910 296aa, as amended by this act, 14-300, as amended by this act, 14-300d, 911 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision 912 (1), (2) or (3) of section 14-386a, section 15-25 or 15-33, subdivision (1) of 913 section 15-97, subsection (a) of section 15-115, section 16-44, 16-256e, 914 16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 915 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-131, 17b-137, 19a-30, 916 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-917 91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 918 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 919 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-249, 20-257, 20-920 265, 20-324e, subsection (b) of section 20-334, 20-341l, 20-366, 20-597, 20-921 608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63 or 21-76a, 922 subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 923 21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 924 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 925 or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, 926 subdivision (1) of subsection (a) of section 21a-159, subsection (a) of 927 section 21a-279a, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 928 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 30 of 31 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 929 22-49 or 22-54, subsection (d) of section 22-84, section 22-89, 22-90, 22-930 98, 22-99, 22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-931 324a, 22-326 or 22-342, subsection (b), (e) or (f) of section 22-344, section 932 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, 933 subsection (a) of section 22a-250, subsection (e) of section 22a-256h, 934 section 22a-363 or 22a-381d, subsections (c) and (d) of section 22a-381e, 935 section 22a-449, 22a-461, 23-38, 23-46 or 23-61b, subsection (a) or 936 subdivision (1) of subsection (c) of section 23-65, section 25-37 or 25-40, 937 subsection (a) of section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-938 21, 26-31, 26-40, 26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, 939 subdivision (1) of subsection (d) of section 26-61, section 26-64, 940 subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 941 26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 942 or 26-141, subdivision (1) of section 26-186, section 26-207, 26-215, 26-943 217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-230, 944 26-232, 26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-945 294, 28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), 946 (e) or (g) of section 29-161q, section 29-161y or 29-161z, subdivision (1) 947 of section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of 948 section 29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-949 10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-950 32, 31-36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, 951 subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 952 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, 953 subdivision (1) of section 35-20, section 36a-787, 42-230, 45a-283, 45a-954 450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 955 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 956 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-957 321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of section 53-344b, 958 [or] section 53-450 or section 22 of this act, or (2) a violation under the 959 provisions of chapter 268, or (3) a violation of any regulation adopted in 960 accordance with the provisions of section 12-484, 12-487 or 13b-410, or 961 (4) a violation of any ordinance, regulation or bylaw of any town, city or 962 borough, except violations of building codes and the health code, for 963 Substitute Bill No. 5429 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- R01-HB.docx } 31 of 31 which the penalty exceeds ninety dollars but does not exceed two 964 hundred fifty dollars, unless such town, city or borough has established 965 a payment and hearing procedure for such violation pursuant to section 966 7-152c, shall follow the procedures set forth in this section. 967 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 14-300(c) Sec. 2 from passage New section Sec. 3 October 1, 2021 14-311(d) Sec. 4 October 1, 2021 New section Sec. 5 October 1, 2021 51-56a Sec. 6 July 1, 2021 14-218a Sec. 7 July 1, 2021 New section Sec. 8 October 1, 2021 14-36(a) Sec. 9 October 1, 2021 14-219(a) and (b) Sec. 10 October 1, 2021 14-222(a) Sec. 11 October 1, 2021 14-283(b)(1) Sec. 12 October 1, 2021 53a-213 Sec. 13 October 1, 2021 14-296aa(h) Sec. 14 October 1, 2021 14-21i Sec. 15 October 1, 2021 New section Sec. 16 October 1, 2021 New section Sec. 17 October 1, 2021 New section Sec. 18 January 1, 2022 14-212g Sec. 19 October 1, 2021 14-219c Sec. 20 October 1, 2021 New section Sec. 21 October 1, 2021 New section Sec. 22 October 1, 2021 New section Sec. 23 October 1, 2021 51-164n(b) Statement of Legislative Commissioners: In Sections 16(d), 21(a)(1), 21(g)(5) and 22(a)(1), reference to Section 16 was changed to Section 15 for accuracy, and in Section 17(3), "in such zones" was inserted for clarity. TRA Joint Favorable Subst.