CT
Connecticut Senate Bill SB00608

Connecticut 2021 Regular Session

Connecticut Senate Bill SB00608 Compare Versions

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8+January Session, 2021
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6-Public Act No. 21-20
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914 AN ACT CONCERNING TH E SAFETY OF CHILDREN WHEN BUYING
1015 ICE CREAM FROM A FRO ZEN DESSERT TRUCK.
1116 Be it enacted by the Senate and House of Representatives in General
1217 Assembly convened:
1318
14-Section 1. (NEW) (Effective July 1, 2021) For the purposes of this
15-section and sections 2 to 6, inclusive, of this act:
16-(1) "Frozen dessert truck" means a motor vehicle in which frozen
17-desserts are carried for purposes of retail sale on the highway;
18-(2) "Vend" means offering frozen desserts for sale from a frozen
19-dessert truck;
20-(3) "Frozen desserts" has the same meaning as provided in section
21-21a-48 of the general statutes; and
22-(4) "Highway" has the same meaning as provided in section 14-1 of
23-the general statutes.
24-Sec. 2. (NEW) (Effective July 1, 2021) (a) Except as provided in
25-subsection (b) of this section, the operator of a vehicle shall stop such
26-vehicle not less than ten feet from the front when approaching and not
27-less than ten feet from the rear when overtaking any frozen dessert truck
28-on a highway when the frozen dessert truck is displaying flashing red Substitute Senate Bill No. 608
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20+Section 1. (NEW) (Effective July 1, 2021) For the purposes of this 2
21+section and sections 2 to 5, inclusive, of this act: 3
22+(1) "Frozen dessert truck" means a motor vehicle in which frozen 4
23+desserts are carried for purposes of retail sale on the highway; 5
24+(2) "Vend" means offering frozen desserts for sale from a frozen 6
25+dessert truck; 7
26+(3) "Frozen desserts" has the same meaning as provided in section 8
27+21a-48 of the general statutes; and 9
28+(4) "Highway" has the same meaning as provided in section 14-1 of 10
29+the general statutes. 11
30+Sec. 2. (NEW) (Effective July 1, 2021) (a) Except as provided in 12
31+subsection (b) of this section, the operator of a vehicle shall stop such 13
32+vehicle not less than ten feet from the front when approaching and not 14
33+less than ten feet from the rear when overtaking any frozen dessert truck 15 Substitute Bill No. 608
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32-signal lights and extending the stop signal arm and the front crossing
33-arm. The operator may then proceed past the frozen dessert truck at a
34-reasonable and prudent speed, not exceeding five miles per hour, and
35-shall yield the right-of-way to any pedestrian who crosses the highway
36-to or from the frozen dessert truck.
37-(b) The operator of a vehicle on a highway with two or more lanes for
38-traffic separated by a safety island or physical barrier may proceed
39-without stopping upon approaching or overtaking a frozen dessert
40-truck on another lane.
41-(c) (1) On and after July 1, 2021, and until September 30, 2021, any
42-person who violates any provision of this section shall receive a
43-warning.
44-(2) On and after October 1, 2021, any person who violates any
45-provision of this section shall, for a first offense, be deemed to have
46-committed an infraction, and for a subsequent offense, shall be fined not
47-more than one hundred dollars.
48-Sec. 3. (NEW) (Effective July 1, 2021) (a) On and after May 1, 2022, each
49-frozen dessert truck shall be equipped in the following manner:
50-(1) Signal lamps mounted at the same level and as high and as widely
51-spaced laterally as practicable. The signal lamps shall be not less than
52-five and not more than seven inches in diameter and shall display two
53-alternately flashing red signal lights visible at a distance of not less than
54-five hundred feet to the front and rear in normal sunlight upon a straight
55-level highway.
56-(2) A stop signal arm that can be extended horizontally from the left
57-side of the frozen dessert truck. When such arm is extended, the side of
58-such arm nearest the truck shall be seven and one-quarter inches long
59-and parallel to the side of the truck. The side farthest from the truck shall
60-be eighteen inches long and parallel to the side nearest the truck. The Substitute Senate Bill No. 608
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40+on a highway when the frozen dessert truck is displaying flashing red 16
41+signal lights and extending the stop signal arm and the front crossing 17
42+arm. The operator may then proceed past the frozen dessert truck at a 18
43+reasonable and prudent speed, not exceeding five miles per hour, and 19
44+shall yield the right-of-way to any pedestrian who crosses the highway 20
45+to or from the frozen dessert truck. 21
46+(b) The operator of a vehicle on a highway with two or more lanes for 22
47+traffic separated by a safety island or physical barrier may proceed 23
48+without stopping upon approaching or overtaking a frozen dessert 24
49+truck on another lane. 25
50+(c) Violation of any provision of this section shall be an infraction. 26
51+Sec. 3. (NEW) (Effective July 1, 2021) (a) On and after May 1, 2022, each 27
52+frozen dessert truck shall be equipped in the following manner: 28
53+(1) Signal lamps mounted at the same level and as high and as widely 29
54+spaced laterally as practicable. The signal lamps shall be not less than 30
55+five and not more than seven inches in diameter and shall display two 31
56+alternately flashing red signal lights visible at a distance of not less than 32
57+five hundred feet to the front and rear in normal sunlight upon a straight 33
58+level highway. 34
59+(2) A stop signal arm that can be extended horizontally from the left 35
60+side of the frozen dessert truck. When such arm is extended, the side of 36
61+such arm nearest the truck shall be seven and one-quarter inches long 37
62+and parallel to the side of the truck. The side farthest from the truck shall 38
63+be eighteen inches long and parallel to the side nearest the truck. The 39
64+two sides shall be eighteen inches apart creating a symmetrical, 40
65+trapezoidal shape. Two alternately flashing red lights shall be located in 41
66+the outside corners of the extended signal arm and such corners shall be 42
67+rounded to conform with the shape of the lights. Each red light shall be 43
68+not less than three and not more than five inches in diameter and visible 44
69+at a distance of not less than three hundred feet to the front and rear in 45
70+normal sunlight upon a straight level highway. Both sides of the signal 46 Substitute Bill No. 608
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64-two sides shall be eighteen inches apart creating a symmetrical,
65-trapezoidal shape. Two alternately flashing red lights shall be located in
66-the outside corners of the extended signal arm and such corners shall be
67-rounded to conform with the shape of the lights. Each red light shall be
68-not less than three and not more than five inches in diameter and visible
69-at a distance of not less than three hundred feet to the front and rear in
70-normal sunlight upon a straight level highway. Both sides of the signal
71-arm shall have a red reflectorized background and the following legend:
72-The word "STOP" shall appear in six-inch-high white letters not to
73-exceed four inches in length in the middle of the signal arm; above the
74-word "STOP", the phrase "IF SAFE" shall appear in two-inch-high white
75-letters not to exceed one and three-fourths inches in length; below the
76-word "STOP", the phrase "THEN GO" shall appear in two-inch-high
77-white letters not to exceed one and three-fourths inches in length. The
78-colors of the background and legend shall conform to the requirements
79-set forth in the Manual on Uniform Traffic Control Devices for Streets
80-and Highways published by the Federal Highway Administration, as
81-amended from time to time. The bottom of the extended signal arm shall
82-be approximately forty-two inches above the street.
83-(3) A convex mirror mounted on the front of the frozen dessert truck
84-so the operator in a normal seating position is capable of seeing the area
85-in front of the truck that is obscured by the hood.
86-(4) A front crossing arm attached to the front bumper of the frozen
87-dessert truck hinged from the truck's right side. The bottom of the front
88-crossing arm shall be not less than sixteen and not more than twenty
89-inches above the street. The front crossing arm shall be made of any
90-durable material covered with a yellow or white reflective material and
91-shall extend in conjunction with the stop signal arm described in
92-subdivision (2) of this subsection. When extended outward in front of
93-the truck, the front crossing arm shall extend not less than four and not
94-more than six feet parallel to the ground. When retracted against the Substitute Senate Bill No. 608
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98-front of the truck, the front crossing arm shall not extend past the width
99-of the truck on the operator's left side.
100-(b) Any person who operates a frozen dessert truck without
101-equipping such truck as required by subsection (a) of this section shall,
102-for a first offense, be deemed to have committed an infraction, and for a
103-subsequent offense, shall be fined not less than one hundred dollars and
104-not more than five hundred dollars.
105-(c) On and after September 1, 2021, and until April 30, 2022, a person
106-operating a frozen dessert truck shall not stop or park the truck to vend
107-to a child in any location where the child would be required to cross the
108-highway to approach the frozen dessert truck. The provisions of this
109-subsection shall not apply if (1) a child is physically escorted by an adult,
110-or (2) a frozen dessert truck is equipped as required by subsection (a) of
111-this section. Any person who operates a frozen dessert truck in violation
112-of the provisions of this subsection shall have committed an infraction.
113-Sec. 4. (NEW) (Effective July 1, 2021) (a) On and after May 1, 2022, or
114-when a frozen dessert truck is equipped as required by subsection (a) of
115-section 3 of this act, whichever is earlier, the operator of any frozen
116-dessert truck shall display flashing red signal lights and extend the stop
117-signal arm and the front crossing arm (1) for not less than fifty feet before
118-the operator brings the frozen dessert truck to a stop to vend, (2) while
119-vending, and (3) until all customers are safely off the highway.
120-(b) The operator of any frozen dessert truck shall not display the
121-flashing red signal lights or extend the stop signal arm and the front
122-crossing arm when the frozen dessert truck is in motion, except as
123-provided in subdivision (1) of subsection (a) of this section, or stopped
124-for a purpose other than vending.
125-(c) Violation of any provision of this section shall, for a first offense,
126-be deemed to have committed an infraction, and for a subsequent Substitute Senate Bill No. 608
77+arm shall have a red reflectorized background and the following legend: 47
78+The word "STOP" shall appear in six-inch-high white letters not to 48
79+exceed four inches in length in the middle of the signal arm; above the 49
80+word "STOP", the phrase "IF SAFE" shall appear in two-inch-high white 50
81+letters not to exceed one and three-fourths inches in length; below the 51
82+word "STOP", the phrase "THEN GO" shall appear in two-inch-high 52
83+white letters not to exceed one and three-fourths inches in length. The 53
84+colors of the background and legend shall conform to the requirements 54
85+set forth in the Manual on Uniform Traffic Control Devices for Streets 55
86+and Highways published by the Federal Highway Administration, as 56
87+amended from time to time. The bottom of the extended signal arm shall 57
88+be approximately forty-two inches above the street. 58
89+(3) A convex mirror mounted on the front of the frozen dessert truck 59
90+so the operator in a normal seating position is capable of seeing the area 60
91+in front of the truck that is obscured by the hood. 61
92+(4) A front crossing arm attached to the front bumper of the frozen 62
93+dessert truck hinged from the truck's right side. The bottom of the front 63
94+crossing arm shall be not less than sixteen and not more than twenty 64
95+inches above the street. The front crossing arm shall be made of any 65
96+durable material covered with a yellow or white reflective material and 66
97+shall extend in conjunction with the stop signal arm described in 67
98+subdivision (2) of this subsection. When extended outward in front of 68
99+the truck, the front crossing arm shall extend not less than four and not 69
100+more than six feet parallel to the ground. When retracted against the 70
101+front of the truck, the front crossing arm shall not extend past the width 71
102+of the truck on the operator's left side. 72
103+(b) On and after July 1, 2021, and until April 30, 2022, a person 73
104+operating a frozen dessert truck shall not stop or park the truck to vend 74
105+to a child in any location where the child would be required to cross the 75
106+highway to approach the frozen dessert truck. The provisions of this 76
107+subsection shall not apply if (1) a child is physically escorted by an adult, 77
108+or (2) a frozen dessert truck is equipped as required by subsection (a) of 78
109+this section. 79 Substitute Bill No. 608
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130-offense, shall be fined not less than one hundred dollars and not more
131-than five hundred dollars.
132-Sec. 5. (NEW) (Effective July 1, 2021) (a) Except as provided in
133-subsection (b) of this section, no person shall vend from a frozen dessert
134-truck that is stopped or parked on any highway:
135-(1) When the posted speed limit on such highway is greater than
136-twenty-five miles per hour;
137-(2) When such highway is less than one hundred feet from an
138-intersection with another highway that has a posted speed limit greater
139-than twenty-five miles per hour;
140-(3) Located less than five hundred feet from any property used as an
141-elementary or middle school, one hour before and one hour after the
142-regular school day, unless that day is not a school day and the local or
143-regional board of education approves such vending in writing;
144-(4) When such person does not have a free and unobstructed view for
145-at least two hundred feet in both directions of the highway where the
146-frozen dessert truck is stopped or parked; or
147-(5) To a person standing in the highway.
148-(b) A local traffic authority, as defined in section 14-297 of the general
149-statutes, may authorize vending from a frozen dessert truck that is
150-stopped or parked on a highway (1) that has a posted speed limit not
151-greater than thirty-five miles per hour, or (2) that is less than one
152-hundred feet from an intersection with another highway that has a
153-posted speed limit not greater than thirty-five miles per hour.
154-(c) No person shall (1) stop on the left side of a one-way highway to
155-vend, or (2) back up a frozen dessert truck to vend or attempt to vend.
156-(d) A person shall vend (1) when the frozen dessert truck is lawfully Substitute Senate Bill No. 608
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116+(c) The Commissioner of Motor Vehicles shall not register a frozen 80
117+dessert truck unless such truck is equipped with signal lamps, a stop 81
118+sign arm, a convex mirror and a front crossing arm in accordance with 82
119+the provisions of subsection (a) of this section. 83
120+(d) Any person who operates a frozen dessert truck (1) without 84
121+equipping such truck as required by subsection (a) of this section, or (2) 85
122+in violation of the provisions of subsection (b) of this section, shall have 86
123+committed an infraction. 87
124+Sec. 4. (NEW) (Effective July 1, 2021) (a) On and after May 1, 2022, or 88
125+when a frozen dessert truck is equipped as required by subsection (a) of 89
126+section 3 of this act, whichever is earlier, the operator of any frozen 90
127+dessert truck shall display flashing red signal lights and extend the stop 91
128+signal arm and the front crossing arm (1) for not less than fifty feet before 92
129+the operator brings the frozen dessert truck to a stop to vend, (2) while 93
130+vending, and (3) until all customers are safely off the highway. 94
131+(b) The operator of any frozen dessert truck shall not display the 95
132+flashing red signal lights or extend the stop signal arm and the front 96
133+crossing arm when the frozen dessert truck is in motion, except as 97
134+provided in subdivision (1) of subsection (a) of this section, or stopped 98
135+for a purpose other than vending. 99
136+(c) Violation of any provision of this section shall be an infraction. 100
137+Sec. 5. (NEW) (Effective July 1, 2021) (a) No person shall vend from a 101
138+frozen dessert truck that is stopped or parked on any highway: 102
139+(1) When the posted speed limit on such highway is greater than 103
140+twenty-five miles per hour; 104
141+(2) When such highway is less than one hundred feet from an 105
142+intersection with another highway that has a posted speed limit greater 106
143+than twenty-five miles per hour; 107
144+(3) Located less than five hundred feet from any property used as an 108 Substitute Bill No. 608
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160-stopped or parked, and (2) from the side of the frozen dessert truck
161-facing away from moving vehicular traffic and as close as practicable to
162-the curb or edge of the highway.
163-(e) (1) On and after July 1, 2021, and until September 30, 2021, any
164-person who violates any provision of this section shall receive a
165-warning.
166-(2) On and after October 1, 2021, any person who violates any
167-provision of this section shall, for a first offense, be deemed to have
168-committed an infraction, and for a subsequent offense, shall be fined not
169-more than one hundred dollars.
170-Sec. 6. (NEW) (Effective from passage) Not later than July 1, 2021, the
171-Commissioner of Motor Vehicles shall publish on the Internet web site
172-of the Department of Motor Vehicles information concerning (1) the
173-equipment required of a frozen dessert truck pursuant to subsection (a)
174-of section 3 of this act, and (2) the operation of and vending from a
175-frozen dessert truck as specified in subsection (c) of section 3 of this act
176-and sections 4 and 5 of this act.
177-Sec. 7. Section 21a-51 of the general statutes is repealed and the
178-following is substituted in lieu thereof (Effective July 1, 2021):
179-(a) Each manufacturer of frozen desserts and frozen dessert mix for
180-sale in this state shall file with the Commissioner of Consumer
181-Protection an application for a license, upon a form prescribed by the
182-commissioner. The application shall show the location of each plant at
183-which frozen desserts and frozen dessert mix are to be manufactured
184-and the name of the brand or brands, if any, under which the same are
185-to be sold. The license period shall be for twelve months.
186-(b) On and after July 15, 2021, the commissioner shall include the link
187-to the Internet web site published by the Commissioner of Motor
188-Vehicles pursuant to section 6 of this act on (1) the application for a Substitute Senate Bill No. 608
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192-license for a retail manufacturer to vend from a frozen dessert truck, as
193-defined in section 1 of this act, and (2) the Internet web site of the
194-Department of Consumer Protection.
195-Sec. 8. Section 21-37 of the general statutes is repealed and the
196-following is substituted in lieu thereof (Effective July 1, 2021):
197-(a) Any town may make reasonable ordinances with reference to the
198-vending or hawking upon its public streets or upon any state highway,
199-except limited access highways, within such town or any land abutting
200-such streets or highways of any goods, wares or other merchandise at
201-public or private sale or auction, or to the vending or peddling of such
202-articles from house to house within its limits, including the imposition
203-of a fee, not exceeding two hundred dollars a year, applicable with
204-respect to any person engaged in such vending, hawking or peddling,
205-for the privilege of so vending, hawking or peddling such merchandise.
206-Any ordinance adopted pursuant to this section which requires a permit
207-may require that no such permit shall be issued to any person who has
208-not obtained a permit to engage in or transact business as a seller within
209-the state in accordance with section 12-409 and shall require that any
210-permit issued pursuant to such ordinance shall be conspicuously
211-displayed at the place the activities are undertaken. Such ordinances
212-may provide that the authority issuing such permit may waive the
213-permit fee for a nonprofit organization exempt from federal taxation by
214-Section 501 of the Internal Revenue Code of 1986, or any subsequent
215-corresponding internal revenue code of the United States, as from time
216-to time amended, or a charitable organization. No town shall require a
217-permit fee from any resident of this state who has resided within the
218-state for a period of two years next preceding the date of application for
219-such permit, who is (1) a veteran who served in time of war, as defined
220-in section 27-103, (2) a hawker or peddler, [as defined in section 21-36,]
221-and (3) a principal pursuant to section 21-36.
222-(b) On and after July 15, 2021, any town that requires a person seeking Substitute Senate Bill No. 608
151+elementary or middle school, one hour before and one hour after the 109
152+regular school day, unless that day is not a school day and the local or 110
153+regional board of education approves such vending in writing; 111
154+(4) When such person does not have a free and unobstructed view for 112
155+at least two hundred feet in both directions of the highway where the 113
156+frozen dessert truck is stopped or parked; or 114
157+(5) To a person standing in the highway. 115
158+(b) No person shall (1) stop on the left side of a one-way highway to 116
159+vend, or (2) back up a frozen dessert truck to vend or attempt to vend. 117
160+(c) A person shall vend (1) when the frozen dessert truck is lawfully 118
161+stopped or parked, and (2) from the side of the frozen dessert truck 119
162+facing away from moving vehicular traffic and as close as practicable to 120
163+the curb or edge of the highway. 121
164+(d) Violation of any provision of this section shall be an infraction. 122
165+Sec. 6. Subsection (b) of section 14-96p of the general statutes is 123
166+repealed and the following is substituted in lieu thereof (Effective July 1, 124
167+2021): 125
168+(b) Except as provided in section 14-96q, flashing lights are prohibited 126
169+on motor vehicles, except: (1) Red and yellow lights when used for the 127
170+purpose of receiving or discharging students on school buses; (2) white 128
171+lights that are located on the top rear of school buses; (3) when such 129
172+lights are used as a means for indicating a right or left turn; [or] (4) when 130
173+such lights are used in any manner to indicate (A) a disabled vehicle that 131
174+is stopped in a hazardous location on the highway, or in close proximity 132
175+thereto, (B) a motor vehicle that is unable to maintain the minimum 133
176+speed of forty miles per hour on a limited access divided highway 134
177+because of the grade of such highway, (C) a motor vehicle that is 135
178+operating at such slow speed as to obstruct or endanger following traffic 136
179+on any highway, or (D) a student transportation vehicle, as defined in 137
180+section 14-212, accommodating fifteen or fewer students with 138 Substitute Bill No. 608
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226-to operate a frozen dessert truck within the limits of such municipality
227-to obtain a permit pursuant to subsection (a) of this section shall include
228-the link to the Internet web site published by the Commissioner of
229-Motor Vehicles pursuant to section 6 of this act on (1) the application for
230-such permit, and (2) the Internet web site of the municipality. For the
231-purposes of this subsection, "frozen dessert truck" has the same meaning
232-as provided in section 1 of this act.
233-(c) This section shall not apply to sales by farmers and gardeners of
234-the produce of their farms, gardens and greenhouses, including fruit,
235-vegetables and flowers, or to the sale, distribution and delivery of milk,
236-teas, coffees, spices, groceries, meats and bakery goods, to sales on
237-approval, to conditional sales of merchandise, or to the taking of orders
238-for merchandise for future delivery when full payment is not required
239-at the time of solicitation. Nothing in this section shall be construed to
240-limit in any manner the Commissioner of Transportation's statutory
241-authority concerning state highways. Nothing in this section shall be
242-construed as empowering any municipality to prohibit, regulate, control
243-or impose a fee on any person operating any business on any state
244-highway or land abutting any state highway pursuant to a contract with
245-the state.
246-Sec. 9. Subsection (b) of section 14-96p of the general statutes is
247-repealed and the following is substituted in lieu thereof (Effective July 1,
248-2021):
249-(b) Except as provided in section 14-96q, flashing lights are prohibited
250-on motor vehicles, except: (1) Red and yellow lights when used for the
251-purpose of receiving or discharging students on school buses; (2) white
252-lights that are located on the top rear of school buses; (3) when such
253-lights are used as a means for indicating a right or left turn; [or] (4) when
254-such lights are used in any manner to indicate (A) a disabled vehicle that
255-is stopped in a hazardous location on the highway, or in close proximity
256-thereto, (B) a motor vehicle that is unable to maintain the minimum Substitute Senate Bill No. 608
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187+disabilities that is receiving or discharging such students; or (5) red 139
188+lights when used by a frozen dessert truck pursuant to section 4 of this 140
189+act. For the purpose of this subsection, [the term] "students with 141
190+disabilities" means students who have intellectual disability, autism 142
191+spectrum disorder, mental disability, visual impairment, blindness, 143
192+deafness, speech impairment or orthopedic impairment, who are hard 144
193+of hearing or who have another health impairment who, by reason 145
194+thereof, require special education and related services, and "frozen 146
195+dessert truck" has the same meaning as provided in section 1 of this act. 147
196+This act shall take effect as follows and shall amend the following
197+sections:
259198
260-speed of forty miles per hour on a limited access divided highway
261-because of the grade of such highway, (C) a motor vehicle that is
262-operating at such slow speed as to obstruct or endanger following traffic
263-on any highway, or (D) a student transportation vehicle, as defined in
264-section 14-212, accommodating fifteen or fewer students with
265-disabilities that is receiving or discharging such students; or (5) red
266-lights when used by a frozen dessert truck pursuant to section 4 of this
267-act. For the [purpose] purposes of this subsection, [the term] "students
268-with disabilities" means students who have intellectual disability,
269-autism spectrum disorder, mental disability, visual impairment,
270-blindness, deafness, speech impairment or orthopedic impairment, who
271-are hard of hearing or who have another health impairment who, by
272-reason thereof, require special education and related services, and
273-"frozen dessert truck" has the same meaning as provided in section 1 of
274-this act.
199+Section 1 July 1, 2021 New section
200+Sec. 2 July 1, 2021 New section
201+Sec. 3 July 1, 2021 New section
202+Sec. 4 July 1, 2021 New section
203+Sec. 5 July 1, 2021 New section
204+Sec. 6 July 1, 2021 14-96p(b)
205+
206+TRA Joint Favorable Subst.
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