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7 | + | General Assembly Substitute Bill No. 5255 | |
8 | + | February Session, 2022 | |
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4 | - | Substitute House Bill No. 5255 | |
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6 | - | Public Act No. 22-40 | |
7 | 12 | ||
8 | 13 | ||
9 | - | AN ACT CONCERNING RECOMMENDATIONS BY THE | |
10 | - | DEPARTMENT OF TRANSPORTATION AND VARIOUS REVISIONS | |
11 | - | TO THE TRANSPORTATION STATUTES. | |
14 | + | AN ACT CONCERNING RECOMMENDATIONS BY THE DEPARTMENT | |
15 | + | OF TRANSPORTATION. | |
12 | 16 | Be it enacted by the Senate and House of Representatives in General | |
13 | 17 | Assembly convened: | |
14 | 18 | ||
15 | - | Section 1. | |
16 | - | ||
17 | - | ( | |
18 | - | of | |
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20 | - | vehicle | |
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19 | + | Section 1. (NEW) (Effective October 1, 2022) (a) For the purposes of this 1 | |
20 | + | section: 2 | |
21 | + | (1) "Alcoholic beverage" has the same meaning as provided in section 3 | |
22 | + | 30-1 of the general statutes; 4 | |
23 | + | (2) "Highway", "motor vehicle", "motor bus" and "recreational 5 | |
24 | + | vehicle" have the same meanings as provided in section 14-1 of the 6 | |
25 | + | general statutes; 7 | |
26 | + | (3) "Open alcoholic beverage container" means a bottle, a can or other 8 | |
27 | + | receptacle (A) that contains any amount of an alcoholic beverage, and 9 | |
28 | + | (B) (i) that is open or has a broken seal, or (ii) the contents of which are 10 | |
29 | + | partially removed; 11 | |
30 | + | (4) "Passenger" means any occupant of a motor vehicle other than the 12 | |
31 | + | operator; 13 | |
32 | + | (5) "Passenger area" means (A) the area designed to seat the operator 14 | |
33 | + | of, and any passenger in, a motor vehicle while such vehicle is being 15 | |
34 | + | operated on a highway, or (B) any area that is readily accessible to such 16 Substitute Bill No. 5255 | |
31 | 35 | ||
32 | - | Public Act No. 22-40 2 of 30 | |
33 | 36 | ||
34 | - | such intersection,] except (1) within ten feet of such intersection or | |
35 | - | marked crosswalk if such intersection or marked crosswalk has a curb | |
36 | - | extension treatment with a width equal to or greater than the width of | |
37 | - | the parking lane, [and such intersection is located in and comprised | |
38 | - | entirely of highways under the jurisdiction of the city of New Haven,] | |
39 | - | or (2) if there is an available parking space that was established on or | |
40 | - | before October 1, 2022. No vehicle shall be permitted to remain parked | |
41 | - | within twenty-five feet of a stop sign caused to be erected by the traffic | |
42 | - | authority in accordance with the provisions of section 14-301, except | |
43 | - | where permitted by the traffic authority of the city of New Haven at the | |
44 | - | intersection of one-way streets located in and comprised entirely of | |
45 | - | highways under the jurisdiction of the city of New Haven. | |
46 | - | (c) No vehicle shall be permitted to remain stationary upon the | |
47 | - | traveled portion of any highway at any curve or turn or at the top of any | |
48 | - | grade where a clear view of such vehicle may not be had from a distance | |
49 | - | of at least one hundred fifty feet in either direction. The Commissioner | |
50 | - | of Transportation may post signs upon any highway at any place where | |
51 | - | the keeping of a vehicle stationary is dangerous to traffic, and the | |
52 | - | keeping of any vehicle stationary contrary to the directions of such signs | |
53 | - | shall be a violation of this section. No vehicle shall be permitted to | |
54 | - | remain stationary upon the traveled portion of any highway within fifty | |
55 | - | feet of the point where another vehicle, which had previously stopped, | |
56 | - | continues to remain stationary on the opposite side of the traveled | |
57 | - | portion of the same highway. No vehicle shall be permitted to remain | |
58 | - | stationary within the limits of a public highway in such a manner as to | |
59 | - | constitute a traffic hazard or obstruct the free movement of traffic | |
60 | - | thereon, provided a vehicle which has become disabled to such an | |
61 | - | extent that it is impossible or impracticable to remove it may be | |
62 | - | permitted to so remain for a reasonable time for the purpose of making | |
63 | - | repairs thereto or of obtaining sufficient assistance to remove it. | |
64 | - | (d) Nothing in this section shall be construed to apply to emergency Substitute House Bill No. 5255 | |
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41 | + | operator or passenger while such person is in such person's seated 17 | |
42 | + | position, except that in a motor vehicle that is not equipped with a trunk, 18 | |
43 | + | "passenger area" does not include a locked glove compartment, the area 19 | |
44 | + | behind the last upright seat closest to the rear of the motor vehicle or 20 | |
45 | + | any area not normally occupied by the operator of or passengers in such 21 | |
46 | + | motor vehicle; 22 | |
47 | + | (6) "Taxicab" has the same meaning as provided in section 13b-95 of 23 | |
48 | + | the general statutes; and 24 | |
49 | + | (7) "Transportation network company vehicle" has the same meaning 25 | |
50 | + | as provided in section 13b-116 of the general statutes. 26 | |
51 | + | (b) No person shall possess an open alcoholic beverage container 27 | |
52 | + | within the passenger area of a motor vehicle while such motor vehicle 28 | |
53 | + | is on any highway in this state. 29 | |
54 | + | (c) The provisions of subsection (b) of this section shall not apply to: 30 | |
55 | + | (1) A passenger in a motor vehicle designed, maintained and primarily 31 | |
56 | + | used for the transportation of passengers for hire, including a taxicab, 32 | |
57 | + | motor bus or motor vehicle in livery service, (2) a passenger in a 33 | |
58 | + | transportation network company vehicle, or (3) a passenger in the living 34 | |
59 | + | quarters of a recreational vehicle. 35 | |
60 | + | (d) Any person who violates the provisions of subsection (b) of this 36 | |
61 | + | section shall be fined not more than five hundred dollars. 37 | |
62 | + | Sec. 2. Subsection (i) of section 54-1m of the 2022 supplement to the 38 | |
63 | + | general statutes is repealed and the following is substituted in lieu 39 | |
64 | + | thereof (Effective July 1, 2022): 40 | |
65 | + | (i) The Office of Policy and Management shall, within available 41 | |
66 | + | resources, review the prevalence and disposition of traffic stops and 42 | |
67 | + | complaints reported pursuant to this section, including any traffic stops 43 | |
68 | + | conducted on suspicion of a violation of section 14-227a, 14-227g, 14-44 | |
69 | + | 227m, [or] 14-227n or section 1 of this act. Not later than July 1, 2014, and 45 | |
70 | + | annually thereafter, the office shall report the results of any such review, 46 Substitute Bill No. 5255 | |
67 | 71 | ||
68 | - | vehicles and to maintenance vehicles displaying flashing lights or to | |
69 | - | prohibit a vehicle from stopping, or being held stationary by any officer, | |
70 | - | in an emergency to avoid accident or to give a right-of-way to any | |
71 | - | vehicle or pedestrian as provided in this chapter, or from stopping on | |
72 | - | any highway within the limits of an incorporated city, town or borough | |
73 | - | where the parking of vehicles is regulated by local ordinances. | |
74 | - | (e) Violation of any provision of this section shall be an infraction. | |
75 | - | Sec. 2. Subsection (b) of section 14-218a of the 2022 supplement to the | |
76 | - | general statutes is repealed and the following is substituted in lieu | |
77 | - | thereof (Effective October 1, 2022): | |
78 | - | (b) [The] (1) Except as provided in subdivision (2) of this subsection, | |
79 | - | the Office of the State Traffic Administration shall establish a speed limit | |
80 | - | of sixty-five miles per hour on any multiple lane, limited access | |
81 | - | highways that are suitable for a speed limit of sixty-five miles per hour, | |
82 | - | taking into consideration relevant factors including design, population | |
83 | - | of area and traffic flow. | |
84 | - | (2) The Commissioner of Transportation may establish the speed | |
85 | - | limit on limited access highways during a weather event or an | |
86 | - | emergency, provided the commissioner erects electronic signs | |
87 | - | indicating such speed limit. | |
88 | - | Sec. 3. Section 14-219 of the 2022 supplement to the general statutes | |
89 | - | is repealed and the following is substituted in lieu thereof (Effective | |
90 | - | October 1, 2022): | |
91 | - | (a) No person shall operate any motor vehicle (1) upon any highway, | |
92 | - | road or any parking area for ten cars or more, at such a rate of speed as | |
93 | - | to endanger the life of any occupant of such motor vehicle, but not the | |
94 | - | life of any other person than such an occupant; (2) at a rate of speed | |
95 | - | greater than fifty-five miles per hour upon any highway other than a | |
96 | - | highway specified in subdivision (1) of subsection (b) of section 14-218a, Substitute House Bill No. 5255 | |
97 | 72 | ||
98 | - | Public Act No. 22-40 4 of 30 | |
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129 | - | of | |
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77 | + | including any recommendations, to the Governor, the General 47 | |
78 | + | Assembly and any other entity deemed appropriate. The Office of Policy 48 | |
79 | + | and Management shall make such report publicly available on the 49 | |
80 | + | office's Internet web site. 50 | |
81 | + | Sec. 3. Section 14-251 of the general statutes is repealed and the 51 | |
82 | + | following is substituted in lieu thereof (Effective October 1, 2022): 52 | |
83 | + | (a) No vehicle shall be permitted to remain stationary within ten feet 53 | |
84 | + | of any fire hydrant, or upon the traveled portion of any highway except 54 | |
85 | + | upon the right-hand side of such highway in the direction in which such 55 | |
86 | + | vehicle is headed; and, if such highway is curbed, such vehicle shall be 56 | |
87 | + | so placed that its right-hand wheels, when stationary, shall, when safety 57 | |
88 | + | will permit, be within a distance of twelve inches from the curb, except 58 | |
89 | + | if a bikeway, as defined in section 13a-153f, or such bikeway's buffer 59 | |
90 | + | area, as described in the federal Manual on Uniform Traffic Control 60 | |
91 | + | Devices, is in place between the parking lane and the curb, such vehicle 61 | |
92 | + | shall be so placed that its right-hand wheels, when stationary, shall, 62 | |
93 | + | when safety will permit, be within a distance of twelve inches from the 63 | |
94 | + | edge of such bikeway or buffer area. 64 | |
95 | + | (b) No vehicle shall be permitted to remain parked within twenty-65 | |
96 | + | five feet of an intersection or an approach to a marked crosswalk, [at 66 | |
97 | + | such intersection,] except (1) within ten feet of such intersection or 67 | |
98 | + | marked crosswalk if such intersection or marked crosswalk has a curb 68 | |
99 | + | extension treatment with a width equal to or greater than the width of 69 | |
100 | + | the parking lane, [and such intersection is located in and comprised 70 | |
101 | + | entirely of highways under the jurisdiction of the city of New Haven,] 71 | |
102 | + | or, (2) if there is an available parking space that was established on or 72 | |
103 | + | before October 1, 2022. No vehicle shall be permitted to remain parked 73 | |
104 | + | within twenty-five feet of a stop sign caused to be erected by the traffic 74 | |
105 | + | authority in accordance with the provisions of section 14-301, except 75 | |
106 | + | where permitted by the traffic authority of the city of New Haven at the 76 | |
107 | + | intersection of one-way streets located in and comprised entirely of 77 | |
108 | + | highways under the jurisdiction of the city of New Haven. 78 Substitute Bill No. 5255 | |
132 | 109 | ||
133 | - | Public Act No. 22-40 5 of 30 | |
134 | 110 | ||
135 | - | above such speed limit, or (5) at a rate of speed greater than the speed | |
136 | - | limit upon a limited access highway for which a speed limit has been | |
137 | - | established in accordance with the provisions of subdivision (2) of | |
138 | - | subsection (b) of section 14-218a, as amended by this act, shall commit | |
139 | - | an infraction, provided any such person operating a truck, as defined in | |
140 | - | section 14-260n, shall have committed a violation and shall be fined not | |
141 | - | less than one hundred dollars nor more than one hundred fifty dollars. | |
142 | - | (c) Any person who violates any provision of subdivision (1) of | |
143 | - | subsection (a) of this section or who operates a motor vehicle (1) on a | |
144 | - | multiple lane, limited access highway at a rate of speed greater than | |
145 | - | seventy miles per hour but not greater than eighty-five miles per hour, | |
146 | - | or (2) on any other highway at a rate of speed greater than sixty miles | |
147 | - | per hour but not greater than eighty-five miles per hour, shall be fined | |
148 | - | not less than one hundred dollars nor more than one hundred fifty | |
149 | - | dollars, provided any such person operating a motor vehicle described | |
150 | - | in subsection (a) of section 14-163c shall be fined not less than one | |
151 | - | hundred fifty dollars nor more than two hundred dollars. | |
152 | - | (d) No person shall be subject to prosecution for a violation of both | |
153 | - | subsection (a) of this section and subsection (a) of section 14-222 because | |
154 | - | of the same offense. | |
155 | - | (e) Notwithstanding any provision of the general statutes, [to the | |
156 | - | contrary,] any person who violates subdivision (1) of subsection (a) of | |
157 | - | this section, subdivision (1) or (2) of subsection (b) of this section while | |
158 | - | operating a truck, as defined in section 14-260n, or subdivision (1) of | |
159 | - | subsection (c) of this section while operating a motor vehicle or a truck, | |
160 | - | as defined in section 14-260n, shall follow the procedures set forth in | |
161 | - | section 51-164n, as amended by this act. | |
162 | - | Sec. 4. Section 13b-34 of the general statutes is amended by adding | |
163 | - | subsection (l) as follows (Effective July 1, 2022): Substitute House Bill No. 5255 | |
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164 | 114 | ||
165 | - | Public Act No. 22-40 6 of 30 | |
115 | + | (c) No vehicle shall be permitted to remain stationary upon the 79 | |
116 | + | traveled portion of any highway at any curve or turn or at the top of any 80 | |
117 | + | grade where a clear view of such vehicle may not be had from a distance 81 | |
118 | + | of at least one hundred fifty feet in either direction. The Commissioner 82 | |
119 | + | of Transportation may post signs upon any highway at any place where 83 | |
120 | + | the keeping of a vehicle stationary is dangerous to traffic, and the 84 | |
121 | + | keeping of any vehicle stationary contrary to the directions of such signs 85 | |
122 | + | shall be a violation of this section. No vehicle shall be permitted to 86 | |
123 | + | remain stationary upon the traveled portion of any highway within fifty 87 | |
124 | + | feet of the point where another vehicle, which had previously stopped, 88 | |
125 | + | continues to remain stationary on the opposite side of the traveled 89 | |
126 | + | portion of the same highway. No vehicle shall be permitted to remain 90 | |
127 | + | stationary within the limits of a public highway in such a manner as to 91 | |
128 | + | constitute a traffic hazard or obstruct the free movement of traffic 92 | |
129 | + | thereon, provided a vehicle which has become disabled to such an 93 | |
130 | + | extent that it is impossible or impracticable to remove it may be 94 | |
131 | + | permitted to so remain for a reasonable time for the purpose of making 95 | |
132 | + | repairs thereto or of obtaining sufficient assistance to remove it. 96 | |
133 | + | (d) Nothing in this section shall be construed to apply to emergency 97 | |
134 | + | vehicles and to maintenance vehicles displaying flashing lights or to 98 | |
135 | + | prohibit a vehicle from stopping, or being held stationary by any officer, 99 | |
136 | + | in an emergency to avoid accident or to give a right-of-way to any 100 | |
137 | + | vehicle or pedestrian as provided in this chapter, or from stopping on 101 | |
138 | + | any highway within the limits of an incorporated city, town or borough 102 | |
139 | + | where the parking of vehicles is regulated by local ordinances. 103 | |
140 | + | (e) Violation of any provision of this section shall be an infraction. 104 | |
141 | + | Sec. 4. Subsection (b) of section 14-218a of the 2022 supplement to the 105 | |
142 | + | general statutes is repealed and the following is substituted in lieu 106 | |
143 | + | thereof (Effective October 1, 2022): 107 | |
144 | + | (b) [The] (1) Except as provided in subdivision (2) of this subsection, 108 | |
145 | + | the Office of the State Traffic Administration shall establish a speed limit 109 | |
146 | + | of sixty-five miles per hour on any multiple lane, limited access 110 Substitute Bill No. 5255 | |
166 | 147 | ||
167 | - | (NEW) (l) If the commissioner deems it to be in the best interest of the | |
168 | - | state, the commissioner may indemnify and hold harmless any railroad | |
169 | - | company in connection with an interim trail use and rail banking | |
170 | - | arrangement pursuant to 49 CFR 1152.29, as amended from time to time. | |
171 | - | Sec. 5. Subdivision (1) of subsection (c) of section 4a-60 of the 2022 | |
172 | - | supplement to the general statutes is repealed and the following is | |
173 | - | substituted in lieu thereof (Effective July 1, 2022): | |
174 | - | (1) Any contractor who has one or more contracts with an awarding | |
175 | - | agency or who is a party to a municipal public works contract or a | |
176 | - | contract for a quasi-public agency project shall include a | |
177 | - | nondiscrimination affirmation provision certifying that the contractor | |
178 | - | understands the obligations of this section and will maintain a policy for | |
179 | - | the duration of the contract to assure that the contract will be performed | |
180 | - | in compliance with the nondiscrimination requirements of subsection | |
181 | - | (a) of this section. The authorized signatory of the contract shall | |
182 | - | demonstrate his or her understanding of this obligation by [either] (A) | |
183 | - | initialing the nondiscrimination affirmation provision in the body of the | |
184 | - | contract, [or] (B) providing an affirmative response in the required | |
185 | - | online bid or response to a proposal question which asks if the | |
186 | - | contractor understands its obligations, or (C) signing the contract. | |
187 | - | Sec. 6. Subdivisions (2) and (3) of subsection (b) of section 4a-81 of the | |
188 | - | 2022 supplement to the general statutes are repealed and the following | |
189 | - | is substituted in lieu thereof (Effective July 1, 2022): | |
190 | - | (2) Such representation shall be [sworn as true] made to the best | |
191 | - | knowledge and belief of the person signing the contract and shall be | |
192 | - | subject to the [penalties] penalty of false statement as provided in | |
193 | - | section 53a-157b. | |
194 | - | (3) [Such] If such representation indicates that a consulting | |
195 | - | agreement has been entered into in connection with any such contract, Substitute House Bill No. 5255 | |
196 | 148 | ||
197 | - | Public Act No. 22-40 7 of 30 | |
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198 | 152 | ||
199 | - | such representation shall include or attach the following information for | |
200 | - | each consulting agreement listed: The name of the consultant, the | |
201 | - | consultant's firm, the basic terms of the consulting agreement, a brief | |
202 | - | description of the services provided, and an indication as to whether the | |
203 | - | consultant is a former state employee or public official. If the consultant | |
204 | - | is a former state employee or public official, such representation shall | |
205 | - | indicate his or her former agency and the date such employment | |
206 | - | terminated. | |
207 | - | Sec. 7. Subsection (b) of section 4-252 of the 2022 supplement to the | |
208 | - | general statutes is repealed and the following is substituted in lieu | |
209 | - | thereof (Effective July 1, 2022): | |
210 | - | (b) The official or employee of such state agency or quasi-public | |
211 | - | agency who is authorized to execute state contracts shall represent that | |
212 | - | the selection of the [most qualified or highest ranked] person, firm or | |
213 | - | corporation was not the result of collusion, the giving of a gift or the | |
214 | - | promise of a gift, compensation, fraud or inappropriate influence from | |
215 | - | any person. | |
216 | - | Sec. 8. Subsection (d) of section 4-252a of the 2022 supplement to the | |
217 | - | general statutes is repealed and the following is substituted in lieu | |
218 | - | thereof (Effective July 1, 2022): | |
219 | - | (d) Any entity that makes a good faith effort to determine whether | |
220 | - | such entity has made an investment described in subsection (b) of this | |
221 | - | section shall not be [subject to the penalties of false statement pursuant | |
222 | - | to] deemed to be in breach of the contract or in violation of this section. | |
223 | - | A "good faith effort" for purposes of this subsection includes a | |
224 | - | determination that such entity is not on the list of persons who engage | |
225 | - | in certain investment activities in Iran created by the Department of | |
226 | - | General Services of the state of California pursuant to Division 2, | |
227 | - | Chapter 2.7 of the California Public Contract Code. Nothing in this | |
228 | - | subsection shall be construed to impair the ability of the state agency or Substitute House Bill No. 5255 | |
153 | + | highways that are suitable for a speed limit of sixty-five miles per hour, 111 | |
154 | + | taking into consideration relevant factors including design, population 112 | |
155 | + | of area and traffic flow. 113 | |
156 | + | (2) The Commissioner of Transportation may establish the speed 114 | |
157 | + | limit on limited access highways during a weather event or an 115 | |
158 | + | emergency, provided the commissioner erects electronic signs 116 | |
159 | + | indicating such speed limit. 117 | |
160 | + | Sec. 5. Section 14-219 of the 2022 supplement to the general statutes 118 | |
161 | + | is repealed and the following is substituted in lieu thereof (Effective 119 | |
162 | + | October 1, 2022): 120 | |
163 | + | (a) No person shall operate any motor vehicle (1) upon any highway, 121 | |
164 | + | road or any parking area for ten cars or more, at such a rate of speed as 122 | |
165 | + | to endanger the life of any occupant of such motor vehicle, but not the 123 | |
166 | + | life of any other person than such an occupant; (2) at a rate of speed 124 | |
167 | + | greater than fifty-five miles per hour upon any highway other than a 125 | |
168 | + | highway specified in subdivision (1) of subsection (b) of section 14-218a, 126 | |
169 | + | as amended by this act, for which a speed limit has been established in 127 | |
170 | + | accordance with the provisions of said [subsection] subdivision; (3) at a 128 | |
171 | + | rate of speed greater than sixty-five miles per hour upon any highway 129 | |
172 | + | specified in subdivision (1) of subsection (b) of section 14-218a, as 130 | |
173 | + | amended by this act, for which a speed limit has been established in 131 | |
174 | + | accordance with the provisions of said [subsection] subdivision; [or] (4) 132 | |
175 | + | if such person is under eighteen years of age, upon any highway or road 133 | |
176 | + | for which a speed limit of less than sixty-five miles per hour has been 134 | |
177 | + | established in accordance with section 14-218a, as amended by this act, 135 | |
178 | + | or section 14-307a, as amended by this act, at a rate of speed more than 136 | |
179 | + | twenty miles per hour above such speed limit; or (5) at a rate of speed 137 | |
180 | + | greater than the speed limit upon a limited access highway for which a 138 | |
181 | + | speed limit has been established in accordance with the provisions of 139 | |
182 | + | subdivision (2) of subsection (b) of section 14-218a, as amended by this 140 | |
183 | + | act. 141 | |
184 | + | (b) Any person who operates a motor vehicle (1) on a multiple lane, 142 Substitute Bill No. 5255 | |
229 | 185 | ||
230 | - | Public Act No. 22-40 8 of 30 | |
231 | 186 | ||
232 | - | quasi-public agency to pursue a breach of contract action for any | |
233 | - | violation of the provisions of the contract. | |
234 | - | Sec. 9. Section 13b-4d of the general statutes is repealed and the | |
235 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
236 | - | (a) Notwithstanding any other provision of the general statutes, the | |
237 | - | Commissioner of Transportation may declare a state of emergency and | |
238 | - | may employ, in any manner, such assistance as [he] the commissioner | |
239 | - | may require to restore any railroad owned by the state or any of its | |
240 | - | subdivisions or the facilities, equipment or service of such railroad, [or] | |
241 | - | any transit system or its facilities, equipment or service, or any airport | |
242 | - | when: (1) A railroad system owned by the state or any of its subdivisions | |
243 | - | or any of the facilities or equipment of such railroad system is deemed | |
244 | - | by the commissioner to be in an unsafe condition or when there is an | |
245 | - | interruption of essential railroad services, whether or not such system | |
246 | - | or any of its facilities or equipment is physically damaged; (2) a transit | |
247 | - | facility owned by the state or any of its subdivisions or the equipment | |
248 | - | of such facility is damaged as a result of a natural disaster or incurs | |
249 | - | substantial casualty loss which results in what is deemed by the | |
250 | - | commissioner to be an unsafe condition or when there is an interruption | |
251 | - | of essential transit services; or (3) an airport owned or operated by the | |
252 | - | state or any of its subdivisions or the equipment of such airport is | |
253 | - | damaged as a result of a natural disaster or incurs substantial casualty | |
254 | - | loss which results in what is deemed by the commissioner to be an | |
255 | - | unsafe condition or when there is an interruption of essential transit | |
256 | - | services. | |
257 | - | (b) When a privately-owned railroad system, its facility or equipment | |
258 | - | is damaged as a result of a natural disaster or incurs substantial casualty | |
259 | - | loss which results in an unsafe condition or the interruption of essential | |
260 | - | railroad service, the railroad company may request the commissioner to | |
261 | - | declare a state of emergency, and said commissioner may comply with | |
262 | - | such request and may provide assistance to such railroad company in Substitute House Bill No. 5255 | |
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264 | - | Public Act No. 22-40 9 of 30 | |
191 | + | limited access highway other than a highway specified in subdivision 143 | |
192 | + | (1) of subsection (b) of section 14-218a, as amended by this act, for which 144 | |
193 | + | a speed limit has been established in accordance with the provisions of 145 | |
194 | + | said [subsection] subdivision at a rate of speed greater than fifty-five 146 | |
195 | + | miles per hour but not greater than seventy miles per hour, (2) on a 147 | |
196 | + | multiple lane, limited access highway specified in subdivision (1) of 148 | |
197 | + | subsection (b) of section 14-218a, as amended by this act, for which a 149 | |
198 | + | speed limit has been established in accordance with the provisions of 150 | |
199 | + | said [subsection] subdivision at a rate of speed greater than sixty-five 151 | |
200 | + | miles per hour but not greater than seventy miles per hour, (3) on any 152 | |
201 | + | other highway at a rate of speed greater than fifty-five miles per hour 153 | |
202 | + | but not greater than sixty miles per hour, [or] (4) if such person is under 154 | |
203 | + | eighteen years of age, upon any highway or road for which a speed limit 155 | |
204 | + | of less than sixty-five miles per hour has been established in accordance 156 | |
205 | + | with section 14-218a, as amended by this act, or section 14-307a, as 157 | |
206 | + | amended by this act, at a rate of speed more than twenty miles per hour 158 | |
207 | + | above such speed limit, or (5) at a rate of speed greater than the speed 159 | |
208 | + | limit upon a limited access highway for which a speed limit has been 160 | |
209 | + | established in accordance with the provisions of subdivision (2) of 161 | |
210 | + | subsection (b) of section 14-218a, as amended by this act, shall commit 162 | |
211 | + | an infraction, provided any such person operating a truck, as defined in 163 | |
212 | + | section 14-260n, shall have committed a violation and shall be fined not 164 | |
213 | + | less than one hundred dollars nor more than one hundred fifty dollars. 165 | |
214 | + | (c) Any person who violates any provision of subdivision (1) of 166 | |
215 | + | subsection (a) of this section or who operates a motor vehicle (1) on a 167 | |
216 | + | multiple lane, limited access highway at a rate of speed greater than 168 | |
217 | + | seventy miles per hour but not greater than eighty-five miles per hour, 169 | |
218 | + | or (2) on any other highway at a rate of speed greater than sixty miles 170 | |
219 | + | per hour but not greater than eighty-five miles per hour, shall be fined 171 | |
220 | + | not less than one hundred dollars nor more than one hundred fifty 172 | |
221 | + | dollars, provided any such person operating a motor vehicle described 173 | |
222 | + | in subsection (a) of section 14-163c shall be fined not less than one 174 | |
223 | + | hundred fifty dollars nor more than two hundred dollars. 175 Substitute Bill No. 5255 | |
265 | 224 | ||
266 | - | any manner [he] the commissioner deems necessary to restore [said] | |
267 | - | such railroad system, facility, equipment or service. | |
268 | - | (c) When the commissioner declares a state of emergency pursuant to | |
269 | - | this section, the commissioner shall have the right to enter upon and | |
270 | - | utilize private property to correct the unsafe condition or restore the | |
271 | - | interruption of essential railroad or transit services. The commissioner | |
272 | - | shall make a reasonable effort to notify the owner of record of such | |
273 | - | property prior to entering such property. The owner shall be | |
274 | - | compensated for the use of such property in the manner prescribed in | |
275 | - | section 13a-73 for acquiring real property for state highway purposes. | |
276 | - | Sec. 10. Section 13b-26 of the general statutes is repealed and the | |
277 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
278 | - | (a) The commissioner shall make such alterations in the state | |
279 | - | highway system as [he] the commissioner may, from time to time, deem | |
280 | - | necessary and desirable to fulfill the purposes of this chapter and title | |
281 | - | 13a. In making any such alteration, [he] the commissioner shall consider | |
282 | - | the best interest of the state, taking into consideration relevant factors | |
283 | - | including the following: Traffic flow, origin and destination of traffic, | |
284 | - | integration and circulation of traffic, continuity of routes, alternate | |
285 | - | available routes and changes in traffic patterns. The relative weight to | |
286 | - | be given to any factor shall be determined by the commissioner. | |
287 | - | (b) The commissioner may plan, design, lay out, construct, alter, | |
288 | - | reconstruct, improve, relocate, maintain, repair, widen and grade any | |
289 | - | state highway whenever, in [his] the commissioner's judgment, the | |
290 | - | interest of the state so requires. Except when otherwise provided by | |
291 | - | statute, [he] the commissioner shall exercise exclusive jurisdiction over | |
292 | - | all such highways, and shall have the same powers relating to the state | |
293 | - | highway system as are given to the selectmen of towns, the mayor and | |
294 | - | common council of any city and the warden and burgesses of any | |
295 | - | borough in relation to highways within their respective municipalities. Substitute House Bill No. 5255 | |
296 | 225 | ||
297 | - | Public Act No. 22-40 10 of 30 | |
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230 | + | (d) No person shall be subject to prosecution for a violation of both 176 | |
231 | + | subsection (a) of this section and subsection (a) of section 14-222 because 177 | |
232 | + | of the same offense. 178 | |
233 | + | (e) Notwithstanding any provision of the general statutes, [to the 179 | |
234 | + | contrary,] any person who violates subdivision (1) of subsection (a) of 180 | |
235 | + | this section, subdivision (1) or (2) of subsection (b) of this section while 181 | |
236 | + | operating a truck, as defined in section 14-260n, or subdivision (1) of 182 | |
237 | + | subsection (c) of this section while operating a motor vehicle or a truck, 183 | |
238 | + | as defined in section 14-260n, shall follow the procedures set forth in 184 | |
239 | + | section 51-164n, as amended by this act. 185 | |
240 | + | Sec. 6. Section 13b-34 of the general statutes is amended by adding 186 | |
241 | + | subsection (l) as follows (Effective July 1, 2022): 187 | |
242 | + | (NEW) (l) If the commissioner deems it to be in the best interest of the 188 | |
243 | + | state, the commissioner may indemnify and hold harmless any railroad 189 | |
244 | + | company in connection with an interim trail use and rail banking 190 | |
245 | + | arrangement pursuant to 49 CFR 1152.29, as amended from time to time. 191 | |
246 | + | Sec. 7. Subdivision (1) of subsection (c) of section 4a-60 of the 2022 192 | |
247 | + | supplement to the general statutes is repealed and the following is 193 | |
248 | + | substituted in lieu thereof (Effective July 1, 2022): 194 | |
249 | + | (1) Any contractor who has one or more contracts with an awarding 195 | |
250 | + | agency or who is a party to a municipal public works contract or a 196 | |
251 | + | contract for a quasi-public agency project shall include a 197 | |
252 | + | nondiscrimination affirmation provision certifying that the contractor 198 | |
253 | + | understands the obligations of this section and will maintain a policy for 199 | |
254 | + | the duration of the contract to assure that the contract will be performed 200 | |
255 | + | in compliance with the nondiscrimination requirements of subsection 201 | |
256 | + | (a) of this section. The authorized signatory of the contract shall 202 | |
257 | + | demonstrate his or her understanding of this obligation by [either] (A) 203 | |
258 | + | initialing the nondiscrimination affirmation provision in the body of the 204 | |
259 | + | contract, [or] (B) providing an affirmative response in the required 205 | |
260 | + | online bid or response to a proposal question which asks if the 206 Substitute Bill No. 5255 | |
330 | 261 | ||
331 | - | Public Act No. 22-40 11 of 30 | |
332 | 262 | ||
333 | - | be construed to limit or restrict, with respect to the projects, any power, | |
334 | - | right or authority of the commissioner existing under or pursuant to any | |
335 | - | other law. | |
336 | - | (f) (1) Whenever a state of emergency, as a result of a disaster, exists | |
337 | - | in the state or any part of the state, and is so declared to be under the | |
338 | - | provisions of any federal law or state statute, and the state highway | |
339 | - | system becomes damaged as a result of such disaster, or (2) whenever | |
340 | - | the commissioner declares that an emergency condition exists on any | |
341 | - | highway in the state which demands immediate attention to [insure] | |
342 | - | ensure the safety of the traveling public, whether or not such highway | |
343 | - | is damaged, the commissioner may, notwithstanding any other | |
344 | - | provision of the statutes, employ, in any manner, such assistance as [he] | |
345 | - | the commissioner may require to restore [said] such highway system to | |
346 | - | a condition which will provide safe travel or to correct the emergency | |
347 | - | condition so declared by the commissioner. | |
348 | - | (g) When the commissioner declares that an emergency condition | |
349 | - | exists on any highway in the state pursuant to subsection (f) of this | |
350 | - | section, the commissioner shall have the right to enter upon and utilize | |
351 | - | private property to restore such highway system or correct the | |
352 | - | emergency condition. The commissioner shall make a reasonable effort | |
353 | - | to notify the owner of record of such property prior to entering such | |
354 | - | property. The owner shall be compensated for the use of such property | |
355 | - | in the manner prescribed in section 13a-73 for acquiring real property | |
356 | - | for state highway purposes. | |
357 | - | Sec. 11. Subsection (d) of section 14-270 of the general statutes is | |
358 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
359 | - | 2022): | |
360 | - | (d) (1) The owner or lessee of any vehicle may pay either a fee of thirty | |
361 | - | dollars for each permit issued for such vehicle under this section or a fee | |
362 | - | as described in subdivision (3) of this subsection for such vehicle, Substitute House Bill No. 5255 | |
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363 | 266 | ||
364 | - | Public Act No. 22-40 12 of 30 | |
267 | + | contractor understands its obligations, or (C) signing the contract. 207 | |
268 | + | Sec. 8. Subdivisions (2) and (3) of subsection (b) of section 4a-81 of the 208 | |
269 | + | 2022 supplement to the general statutes are repealed and the following 209 | |
270 | + | is substituted in lieu thereof (Effective July 1, 2022): 210 | |
271 | + | (2) Such representation shall be [sworn as true] made to the best 211 | |
272 | + | knowledge and belief of the person signing the contract and shall be 212 | |
273 | + | subject to the [penalties] penalty of false statement as provided in 213 | |
274 | + | section 53a-157b. 214 | |
275 | + | (3) [Such] If such representation indicates that a consulting 215 | |
276 | + | agreement has been entered into in connection with any such contract, 216 | |
277 | + | such representation shall include or attach the following information for 217 | |
278 | + | each consulting agreement listed: The name of the consultant, the 218 | |
279 | + | consultant's firm, the basic terms of the consulting agreement, a brief 219 | |
280 | + | description of the services provided, and an indication as to whether the 220 | |
281 | + | consultant is a former state employee or public official. If the consultant 221 | |
282 | + | is a former state employee or public official, such representation shall 222 | |
283 | + | indicate his or her former agency and the date such employment 223 | |
284 | + | terminated. 224 | |
285 | + | Sec. 9. Subsection (b) of section 4-252 of the 2022 supplement to the 225 | |
286 | + | general statutes is repealed and the following is substituted in lieu 226 | |
287 | + | thereof (Effective July 1, 2022): 227 | |
288 | + | (b) The official or employee of such state agency or quasi-public 228 | |
289 | + | agency who is authorized to execute state contracts shall represent that 229 | |
290 | + | the selection of the [most qualified or highest ranked] person, firm or 230 | |
291 | + | corporation was not the result of collusion, the giving of a gift or the 231 | |
292 | + | promise of a gift, compensation, fraud or inappropriate influence from 232 | |
293 | + | any person. 233 | |
294 | + | Sec. 10. Subsection (d) of section 4-252a of the 2022 supplement to the 234 | |
295 | + | general statutes is repealed and the following is substituted in lieu 235 | |
296 | + | thereof (Effective July 1, 2022): 236 Substitute Bill No. 5255 | |
365 | 297 | ||
366 | - | payable to the Department of Transportation. (2) An additional | |
367 | - | transmittal fee of [five] twelve dollars shall be charged for each permit | |
368 | - | issued under this section and transmitted via electronic means. (3) The | |
369 | - | commissioner may issue an annual permit for any vehicle transporting | |
370 | - | (A) a divisible load, (B) an overweight or oversized-overweight | |
371 | - | indivisible load, or (C) an oversize indivisible load. The owner or lessee | |
372 | - | shall pay an annual fee of nine dollars per thousand pounds or fraction | |
373 | - | thereof for each such vehicle. A permit may be issued in any increment | |
374 | - | up to one year, provided the owner or lessee shall pay a fee of one | |
375 | - | hundred dollars for such vehicle or vehicle and trailer for each month | |
376 | - | or fraction thereof. (4) The annual permit fee for any vehicle | |
377 | - | transporting an oversize indivisible load shall not be less than six | |
378 | - | hundred fifty dollars. (5) The commissioner may issue permits for | |
379 | - | divisible loads in the aggregate not exceeding fifty-three feet in length. | |
380 | - | (6) An additional engineering analysis fee of two dollars per thousand | |
381 | - | pounds or fraction thereof over two hundred thousand pounds shall be | |
382 | - | charged for an oversize-overweight vehicle and trailer or a commercial | |
383 | - | vehicle combination and load that exceeds a permit weight of two | |
384 | - | hundred thousand pounds. | |
385 | - | Sec. 12. Subsection (c) of section 54-33p of the 2022 supplement to the | |
386 | - | general statutes is repealed and the following is substituted in lieu | |
387 | - | thereof (Effective July 1, 2022): | |
388 | - | (c) A law enforcement official may conduct a test for impairment | |
389 | - | based on the odor of cannabis or burnt cannabis if such official | |
390 | - | reasonably suspects the operator [or a passenger of a motor vehicle] of | |
391 | - | violating section [14-227,] 14-227a, 14-227m or 14-227n. | |
392 | - | Sec. 13. Subsections (b) and (c) of section 54-56e of the 2022 | |
393 | - | supplement to the general statutes are repealed and the following is | |
394 | - | substituted in lieu thereof (Effective July 1, 2022): | |
395 | - | (b) The court may, in its discretion, invoke such program on motion Substitute House Bill No. 5255 | |
396 | 298 | ||
397 | - | Public Act No. 22-40 13 of 30 | |
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398 | 302 | ||
399 | - | of the defendant or on motion of a state's attorney or prosecuting | |
400 | - | attorney with respect to a defendant (1) who, the court believes, will | |
401 | - | probably not offend in the future, (2) who has no previous record of | |
402 | - | conviction of a crime or of a violation of section 14-196, subsection (c) of | |
403 | - | section 14-215, section 14-222a, subsection (a) or subdivision (1) of | |
404 | - | subsection (b) of section 14-224, section 14-227a or 14-227m, [or] | |
405 | - | subdivision (1) or (2) of subsection (a) of section 14-227n or section 15- | |
406 | - | 132a, 15-133 or 15-140n, and (3) who states under oath, in open court or | |
407 | - | before any person designated by the clerk and duly authorized to | |
408 | - | administer oaths, under the penalties of perjury, (A) that the defendant | |
409 | - | has never had such program invoked on the defendant's behalf or that | |
410 | - | the defendant was charged with a misdemeanor or a motor vehicle | |
411 | - | violation for which a term of imprisonment of one year or less may be | |
412 | - | imposed and ten or more years have passed since the date that any | |
413 | - | charge or charges for which the program was invoked on the | |
414 | - | defendant's behalf were dismissed by the court, or (B) with respect to a | |
415 | - | defendant who is a veteran, that the defendant has not had such | |
416 | - | program invoked in the defendant's behalf more than once previously, | |
417 | - | provided the defendant shall agree thereto and provided notice has | |
418 | - | been given by the defendant, on a form prescribed by the Office of the | |
419 | - | Chief Court Administrator, to the victim or victims of such crime or | |
420 | - | motor vehicle violation, if any, by registered or certified mail and such | |
421 | - | victim or victims have an opportunity to be heard thereon. Any | |
422 | - | defendant who [makes application] applies for participation in such | |
423 | - | program shall pay to the court an application fee of thirty-five dollars, | |
424 | - | except as provided in subsection (g) of this section. No defendant shall | |
425 | - | be allowed to participate in the pretrial program for accelerated | |
426 | - | rehabilitation more than two times. For the purposes of this section, | |
427 | - | "veteran" has the same meaning as provided in section 27-103. | |
428 | - | (c) This section shall not be applicable: (1) To any person charged | |
429 | - | with (A) a class A felony, (B) a class B felony, except a violation of | |
430 | - | subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does Substitute House Bill No. 5255 | |
303 | + | (d) Any entity that makes a good faith effort to determine whether 237 | |
304 | + | such entity has made an investment described in subsection (b) of this 238 | |
305 | + | section shall not be [subject to the penalties of false statement pursuant 239 | |
306 | + | to] deemed to be in breach of the contract or in violation of this section. 240 | |
307 | + | A "good faith effort" for purposes of this subsection includes a 241 | |
308 | + | determination that such entity is not on the list of persons who engage 242 | |
309 | + | in certain investment activities in Iran created by the Department of 243 | |
310 | + | General Services of the state of California pursuant to Division 2, 244 | |
311 | + | Chapter 2.7 of the California Public Contract Code. Nothing in this 245 | |
312 | + | subsection shall be construed to impair the ability of the state agency or 246 | |
313 | + | quasi-public agency to pursue a breach of contract action for any 247 | |
314 | + | violation of the provisions of the contract. 248 | |
315 | + | Sec. 11. Section 13b-4d of the general statutes is repealed and the 249 | |
316 | + | following is substituted in lieu thereof (Effective July 1, 2022): 250 | |
317 | + | (a) Notwithstanding any other provision of the general statutes, the 251 | |
318 | + | Commissioner of Transportation may declare a state of emergency and 252 | |
319 | + | may employ, in any manner, such assistance as [he] the commissioner 253 | |
320 | + | may require to restore any railroad owned by the state or any of its 254 | |
321 | + | subdivisions or the facilities, equipment or service of such railroad, [or] 255 | |
322 | + | any transit system or its facilities, equipment or service, or any airport 256 | |
323 | + | when: (1) A railroad system owned by the state or any of its subdivisions 257 | |
324 | + | or any of the facilities or equipment of such railroad system is deemed 258 | |
325 | + | by the commissioner to be in an unsafe condition or when there is an 259 | |
326 | + | interruption of essential railroad services, whether or not such system 260 | |
327 | + | or any of its facilities or equipment is physically damaged; (2) a transit 261 | |
328 | + | facility owned by the state or any of its subdivisions or the equipment 262 | |
329 | + | of such facility is damaged as a result of a natural disaster or incurs 263 | |
330 | + | substantial casualty loss which results in what is deemed by the 264 | |
331 | + | commissioner to be an unsafe condition or when there is an interruption 265 | |
332 | + | of essential transit services; or (3) an airport owned or operated by the 266 | |
333 | + | state or any of its subdivisions or the equipment of such airport is 267 | |
334 | + | damaged as a result of a natural disaster or incurs substantial casualty 268 | |
335 | + | loss which results in what is deemed by the commissioner to be an 269 Substitute Bill No. 5255 | |
431 | 336 | ||
432 | - | Public Act No. 22-40 14 of 30 | |
433 | 337 | ||
434 | - | not involve the use, attempted use or threatened use of physical force | |
435 | - | against another person, or a violation of subdivision (4) of subsection (a) | |
436 | - | of section 53a-122 that does not involve the use, attempted use or | |
437 | - | threatened use of physical force against another person and does not | |
438 | - | involve a violation by a person who is a public official, as defined in | |
439 | - | section 1-110, or a state or municipal employee, as defined in section 1- | |
440 | - | 110, or (C) a violation of section 53a-70b of the general statutes, revision | |
441 | - | of 1958, revised to January 1, 2019, or section 14-227a or 14-227m, | |
442 | - | subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) | |
443 | - | of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a- | |
444 | - | 70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a- | |
445 | - | 72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged | |
446 | - | with a crime or motor vehicle violation who, as a result of the | |
447 | - | commission of such crime or motor vehicle violation, causes the death | |
448 | - | of another person, (3) to any person accused of a family violence crime | |
449 | - | as defined in section 46b-38a who (A) is eligible for the pretrial family | |
450 | - | violence education program established under section 46b-38c, or (B) | |
451 | - | has previously had the pretrial family violence education program | |
452 | - | invoked in such person's behalf, (4) to any person charged with a | |
453 | - | violation of section 21a-267, 21a-279 or 21a-279a, who (A) is eligible for | |
454 | - | the pretrial drug education and community service program established | |
455 | - | under section 54-56i or the pretrial drug intervention and community | |
456 | - | service program established under section 54-56q, or (B) has previously | |
457 | - | had (i) the pretrial drug education program (ii) the pretrial drug | |
458 | - | education and community service program established under the | |
459 | - | provisions of section 54-56i, or (iii) the pretrial drug intervention and | |
460 | - | community service program established under section 54-56q, invoked | |
461 | - | on such person's behalf, (5) unless good cause is shown, to (A) any | |
462 | - | person charged with a class C felony, or (B) any person charged with | |
463 | - | committing a violation of subdivision (1) of subsection (a) of section 53a- | |
464 | - | 71 while such person was less than four years older than the other | |
465 | - | person, (6) to any person charged with a violation of section 9-359 or 9- | |
466 | - | 359a, (7) to any person charged with a motor vehicle violation (A) while Substitute House Bill No. 5255 | |
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467 | 341 | ||
468 | - | Public Act No. 22-40 15 of 30 | |
342 | + | unsafe condition or when there is an interruption of essential transit 270 | |
343 | + | services. 271 | |
344 | + | (b) When a privately-owned railroad system, its facility or equipment 272 | |
345 | + | is damaged as a result of a natural disaster or incurs substantial casualty 273 | |
346 | + | loss which results in an unsafe condition or the interruption of essential 274 | |
347 | + | railroad service, the railroad company may request the commissioner to 275 | |
348 | + | declare a state of emergency, and said commissioner may comply with 276 | |
349 | + | such request and may provide assistance to such railroad company in 277 | |
350 | + | any manner [he] the commissioner deems necessary to restore [said] 278 | |
351 | + | such railroad system, facility, equipment or service. 279 | |
352 | + | (c) When the commissioner declares a state of emergency pursuant to 280 | |
353 | + | this section, the commissioner shall have the right to enter upon and 281 | |
354 | + | utilize private property to correct the unsafe condition or restore the 282 | |
355 | + | interruption of essential railroad or transit services. The commissioner 283 | |
356 | + | shall make a reasonable effort to notify the owner of record of such 284 | |
357 | + | property prior to entering such property. The owner shall be 285 | |
358 | + | compensated for the use of such property in the manner prescribed in 286 | |
359 | + | section 13a-73, as amended by this act, for acquiring real property for 287 | |
360 | + | state highway purposes. 288 | |
361 | + | Sec. 12. Section 13b-26 of the general statutes is repealed and the 289 | |
362 | + | following is substituted in lieu thereof (Effective July 1, 2022): 290 | |
363 | + | (a) The commissioner shall make such alterations in the state 291 | |
364 | + | highway system as [he] the commissioner may, from time to time, deem 292 | |
365 | + | necessary and desirable to fulfill the purposes of this chapter and title 293 | |
366 | + | 13a. In making any such alteration, [he] the commissioner shall consider 294 | |
367 | + | the best interest of the state, taking into consideration relevant factors 295 | |
368 | + | including the following: Traffic flow, origin and destination of traffic, 296 | |
369 | + | integration and circulation of traffic, continuity of routes, alternate 297 | |
370 | + | available routes and changes in traffic patterns. The relative weight to 298 | |
371 | + | be given to any factor shall be determined by the commissioner. 299 | |
372 | + | (b) The commissioner may plan, design, lay out, construct, alter, 300 Substitute Bill No. 5255 | |
469 | 373 | ||
470 | - | operating a commercial motor vehicle, as defined in section 14-1, or (B) | |
471 | - | who holds a commercial driver's license or commercial driver's | |
472 | - | instruction permit at the time of the violation, (8) to any person charged | |
473 | - | with a violation of subdivision (6) of subsection (a) of section 53a-60, [or] | |
474 | - | (9) to a health care provider or vendor participating in the state's | |
475 | - | Medicaid program charged with a violation of section 53a-122 or | |
476 | - | subdivision (4) of subsection (a) of section 53a-123, or (10) to any person | |
477 | - | charged with a violation of section 15-132a, 15-133 or 15-140n. | |
478 | - | Sec. 14. Subsection (c) of section 14-227b of the 2022 supplement to | |
479 | - | the general statutes, as amended by section 118 of public act 21-1 of the | |
480 | - | June special session, is repealed and the following is substituted in lieu | |
481 | - | thereof (Effective July 1, 2022): | |
482 | - | (c) If the person arrested refuses to submit to such test or | |
483 | - | nontestimonial portion of a drug influence evaluation or submits to such | |
484 | - | test, commenced within two hours of the time of operation, and the | |
485 | - | results of such test indicate that such person has an elevated blood | |
486 | - | alcohol content, the police officer, acting on behalf of the Commissioner | |
487 | - | of Motor Vehicles, shall immediately revoke and take possession of the | |
488 | - | motor vehicle operator's license or, if such person is not licensed or is a | |
489 | - | nonresident, suspend the operating privilege of such person, for a | |
490 | - | twenty-four-hour period. The police officer shall prepare a report of the | |
491 | - | incident and shall mail or otherwise transmit in accordance with this | |
492 | - | subsection the report and a copy of the results of any chemical test to | |
493 | - | the Department of Motor Vehicles within three business days. The | |
494 | - | report shall contain such information as prescribed by the | |
495 | - | Commissioner of Motor Vehicles and shall be subscribed and sworn to | |
496 | - | under penalty of false statement as provided in section 53a-157b by the | |
497 | - | arresting officer. If the person arrested refused to submit to such test or | |
498 | - | evaluation, the report shall be endorsed by a third person who | |
499 | - | witnessed such refusal. The report shall set forth the grounds for the | |
500 | - | officer's belief that there was probable cause to arrest such person for a Substitute House Bill No. 5255 | |
501 | 374 | ||
502 | - | Public Act No. 22-40 16 of 30 | |
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503 | 378 | ||
504 | - | violation of section 14-227a or 14-227m or subdivision (1) or (2) of | |
505 | - | subsection (a) of section 14-227n and shall state that such person had | |
506 | - | refused to submit to such test or evaluation when requested by such | |
507 | - | police officer to do so or that such person submitted to such test, | |
508 | - | commenced within two hours of the time of operation, and the results | |
509 | - | of such test indicated that such person had an elevated blood alcohol | |
510 | - | content. A drug influence evaluation need not be commenced within | |
511 | - | two hours of the time of operation. The Commissioner of Motor Vehicles | |
512 | - | may accept a police report under this subsection that is prepared and | |
513 | - | transmitted as an electronic record, including electronic signature or | |
514 | - | signatures, subject to such security procedures as the commissioner may | |
515 | - | specify and in accordance with the provisions of sections 1-266 to 1-286, | |
516 | - | inclusive. In any hearing conducted pursuant to the provisions of | |
517 | - | subsection (g) of this section, it shall not be a ground for objection to the | |
518 | - | admissibility of a police report that it is an electronic record prepared by | |
519 | - | electronic means. | |
520 | - | Sec. 15. Section 14-240 of the general statutes is repealed and the | |
521 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
522 | - | (a) [No] As used in this section, "platoon" means two or three | |
523 | - | commercial motor vehicles or buses, excluding school buses, traveling | |
524 | - | in a unified manner at electronically coordinated speeds at following | |
525 | - | distances that are closer than would be reasonable and prudent without | |
526 | - | such coordination. | |
527 | - | (b) Except as provided in subsection (e) of this section, no person | |
528 | - | operating a motor vehicle shall follow another vehicle more closely than | |
529 | - | is reasonable and prudent, having regard for the speed of such vehicles, | |
530 | - | the traffic upon and the condition of the highway and weather | |
531 | - | conditions. | |
532 | - | [(b)] (c) No person operating a motor vehicle shall drive such vehicle | |
533 | - | in such proximity to another vehicle as to obstruct or impede traffic. Substitute House Bill No. 5255 | |
379 | + | reconstruct, improve, relocate, maintain, repair, widen and grade any 301 | |
380 | + | state highway whenever, in [his] the commissioner's judgment, the 302 | |
381 | + | interest of the state so requires. Except when otherwise provided by 303 | |
382 | + | statute, [he] the commissioner shall exercise exclusive jurisdiction over 304 | |
383 | + | all such highways, and shall have the same powers relating to the state 305 | |
384 | + | highway system as are given to the selectmen of towns, the mayor and 306 | |
385 | + | common council of any city and the warden and burgesses of any 307 | |
386 | + | borough in relation to highways within their respective municipalities. 308 | |
387 | + | In laying out or building a state highway, the commissioner shall follow 309 | |
388 | + | the procedures of sections 13a-57 and 13a-58. 310 | |
389 | + | (c) The commissioner, where necessary in connection with the 311 | |
390 | + | construction, reconstruction, repair or relocation of a state highway, 312 | |
391 | + | may relocate, reconstruct or adjust the grade or alignment of any locally 313 | |
392 | + | maintained highway using standards of construction resulting in safety 314 | |
393 | + | and convenience. Any highway so changed shall continue to be 315 | |
394 | + | maintained by the town, city or borough after the completion of such 316 | |
395 | + | construction, reconstruction, repair or relocation. 317 | |
396 | + | (d) The commissioner is authorized and directed, to the full extent 318 | |
397 | + | but only to the extent permitted by moneys and appropriations 319 | |
398 | + | becoming available under sections 13a-184 to 13a-197, inclusive, or any 320 | |
399 | + | other law but subject to approval by the Governor of allotment thereof, 321 | |
400 | + | forthwith to undertake and proceed with the projects prescribed in 322 | |
401 | + | section 13a-185 and, to that end, said commissioner with respect to any 323 | |
402 | + | such project is authorized to do and perform any act or thing regarding 324 | |
403 | + | the projects which is mentioned or referred to in [said] section 13a-185. 325 | |
404 | + | (e) Subject to the limitations referred to in subsection (d) of this 326 | |
405 | + | section and in order to effectuate the purposes of said subsection, said 327 | |
406 | + | commissioner is authorized (1) to plan, design, lay out, construct, 328 | |
407 | + | reconstruct, relocate, improve, maintain and operate the projects, and 329 | |
408 | + | reconstruct and relocate existing highways, sections of highways, 330 | |
409 | + | bridges or structures and incorporate or use the same, whether or not so 331 | |
410 | + | reconstructed or relocated or otherwise changed or improved, as parts 332 | |
411 | + | of such projects; (2) to retain and employ consultants and assistants on 333 Substitute Bill No. 5255 | |
534 | 412 | ||
535 | - | Public Act No. 22-40 17 of 30 | |
536 | 413 | ||
537 | - | [(c)] (d) Motor vehicles being driven upon any highway in a caravan | |
538 | - | shall be so operated as to allow sufficient space between such vehicles | |
539 | - | or combination of vehicles to enable any other vehicle to enter and | |
540 | - | occupy such space without danger. The provisions of this subsection | |
541 | - | shall not apply to funeral processions or to motor vehicles under official | |
542 | - | escort, [or] traveling under a special permit or operating in a platoon. | |
543 | - | (e) (1) A person may operate a platoon on the highways of this state, | |
544 | - | provided such person files a plan for the general platoon operations | |
545 | - | with the Commissioner of Transportation and such plan is approved by | |
546 | - | the commissioner. The commissioner shall approve or reject a plan for | |
547 | - | general platoon operations not later than fifteen days after the receipt of | |
548 | - | such plan. If the commissioner rejects any such plan, the commissioner | |
549 | - | shall provide a written explanation of the reason for such rejection and | |
550 | - | guidance to amend such plan for resubmission. | |
551 | - | (2) Each commercial motor vehicle or bus in a platoon shall display a | |
552 | - | mark identifying such vehicle or bus as part of a platoon at all times | |
553 | - | when such vehicle or bus is engaged in platooning. Such mark shall be | |
554 | - | issued by the commissioner and displayed in a manner prescribed by | |
555 | - | the commissioner. | |
556 | - | (3) Each person operating a commercial motor vehicle or bus in a | |
557 | - | platoon shall be seated in the driver's seat of such vehicle or bus and | |
558 | - | hold a commercial driver's license of the appropriate class and bearing | |
559 | - | endorsements for the type of vehicle or bus being driven. | |
560 | - | (4) No person operating a commercial motor vehicle or bus in a | |
561 | - | platoon shall pull or drag another motor vehicle in the platoon. | |
562 | - | [(d)] (f) Any person who violates any provision of this section shall | |
563 | - | have committed an infraction, except that (1) any person operating a | |
564 | - | commercial vehicle combination or a commercial motor vehicle or bus | |
565 | - | in a platoon in violation of any such provision shall have committed a Substitute House Bill No. 5255 | |
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566 | 417 | ||
567 | - | Public Act No. 22-40 18 of 30 | |
418 | + | a contract or other basis for rendering professional, legal, fiscal, 334 | |
419 | + | engineering, technical or other assistance and advice; and (3) to do all 335 | |
420 | + | things necessary or convenient to carry out the purposes and duties and 336 | |
421 | + | exercise the powers expressly given in [said] sections 13a-184 to 13a-197, 337 | |
422 | + | inclusive. Except as otherwise stated in subsection (d) of this section, 338 | |
423 | + | nothing contained in [said] sections 13a-184 to 13a-197, inclusive, shall 339 | |
424 | + | be construed to limit or restrict, with respect to the projects, any power, 340 | |
425 | + | right or authority of the commissioner existing under or pursuant to any 341 | |
426 | + | other law. 342 | |
427 | + | (f) (1) Whenever a state of emergency, as a result of a disaster, exists 343 | |
428 | + | in the state or any part of the state, and is so declared to be under the 344 | |
429 | + | provisions of any federal law or state statute, and the state highway 345 | |
430 | + | system becomes damaged as a result of such disaster, or (2) whenever 346 | |
431 | + | the commissioner declares that an emergency condition exists on any 347 | |
432 | + | highway in the state which demands immediate attention to [insure] 348 | |
433 | + | ensure the safety of the traveling public, whether or not such highway 349 | |
434 | + | is damaged, the commissioner may, notwithstanding any other 350 | |
435 | + | provision of the statutes, employ, in any manner, such assistance as [he] 351 | |
436 | + | the commissioner may require to restore [said] such highway system to 352 | |
437 | + | a condition which will provide safe travel or to correct the emergency 353 | |
438 | + | condition so declared by the commissioner. 354 | |
439 | + | (g) When the commissioner declares that an emergency condition 355 | |
440 | + | exists on any highway in the state pursuant to subsection (f) of this 356 | |
441 | + | section, the commissioner shall have the right to enter upon and utilize 357 | |
442 | + | private property to restore such highway system or correct the 358 | |
443 | + | emergency condition. The commissioner shall make a reasonable effort 359 | |
444 | + | to notify the owner of record of such property prior to entering such 360 | |
445 | + | property. The owner shall be compensated for the use of such property 361 | |
446 | + | in the manner prescribed in section 13a-73, as amended by this act, for 362 | |
447 | + | acquiring real property for state highway purposes. 363 | |
448 | + | Sec. 13. Subsection (d) of section 14-270 of the general statutes is 364 | |
449 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 365 | |
450 | + | 2022): 366 Substitute Bill No. 5255 | |
568 | 451 | ||
569 | - | violation and shall be fined not less than one hundred dollars nor more | |
570 | - | than one hundred fifty dollars, or (2) if the violation results in a motor | |
571 | - | vehicle accident, such person shall have committed a violation and shall | |
572 | - | be fined not less than one hundred dollars nor more than two hundred | |
573 | - | dollars. | |
574 | - | Sec. 16. Section 13a-247 of the general statutes is repealed and the | |
575 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
576 | - | (a) No person, firm, [or] corporation or utility company shall excavate | |
577 | - | within or under, or place any obstruction or substruction within, under, | |
578 | - | upon or over, or interfere with construction, reconstruction or | |
579 | - | maintenance of or drainage from, any state highway without the written | |
580 | - | permission of the commissioner. [Said commissioner may fill in or close | |
581 | - | any such excavation or remove or alter any such obstruction or | |
582 | - | substruction, and the expense incurred by the commissioner in such | |
583 | - | filling or removing or altering shall be paid by the person, firm or | |
584 | - | corporation making such excavation or placing such obstruction or | |
585 | - | substruction, provided any excavation, obstruction or substruction | |
586 | - | existing within, under, upon or over any such highway on July 1, 1925, | |
587 | - | or, at the discretion of said commissioner, any] Any excavation [,] made | |
588 | - | or obstruction or substruction [made after said date] placed without a | |
589 | - | permit or in violation of the provisions of a permit shall be removed or | |
590 | - | altered by the person, firm, [or] corporation or utility company making | |
591 | - | or [maintaining] placing the same within thirty days from the date when | |
592 | - | said commissioner sends by registered or certified mail, postage | |
593 | - | prepaid, a notice to such person, firm, [or] corporation or utility | |
594 | - | company, ordering such removal or alteration. If such person, firm, | |
595 | - | corporation or utility company fails to remove or alter any excavation, | |
596 | - | obstruction or substruction not later than thirty days after receipt of | |
597 | - | such notice from the commissioner, the commissioner may fill in or close | |
598 | - | any such excavation or remove or alter any such obstruction or | |
599 | - | substruction, and the expense incurred by the commissioner in such Substitute House Bill No. 5255 | |
600 | 452 | ||
601 | - | Public Act No. 22-40 19 of 30 | |
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602 | 456 | ||
603 | - | filling or removing or altering shall be paid by such person, firm, | |
604 | - | corporation or utility company. | |
605 | - | (b) Notwithstanding the provisions of subsection (a) of this section, if | |
606 | - | the commissioner determines that a person, firm, corporation or utility | |
607 | - | company has created an unsafe condition within, under, upon or over | |
608 | - | the state highway that requires immediate corrective action, the | |
609 | - | commissioner may order immediate corrective action to remedy the | |
610 | - | unsafe condition. Any costs and expenses incurred by the commissioner | |
611 | - | to remedy the unsafe condition shall be paid by such person, firm, | |
612 | - | corporation or utility company. | |
613 | - | (c) The state shall not be liable for any damage to private property | |
614 | - | placed in the state highway without a permit. | |
615 | - | [(b)] (d) Any person, firm, [or] corporation or utility company | |
616 | - | violating any provision of [subsection (a) of] this section shall be fined | |
617 | - | [not more than one hundred dollars for a first offense and] not less than | |
618 | - | [one hundred] two thousand dollars or more than five [hundred] | |
619 | - | thousand dollars for each [subsequent] offense. Each violation shall be | |
620 | - | a separate and distinct offense and, in the case of a continuing violation, | |
621 | - | each day's continuance thereof shall be deemed to be a separate and | |
622 | - | distinct offense. | |
623 | - | Sec. 17. Subsection (b) of section 51-164n of the 2022 supplement to | |
624 | - | the general statutes is repealed and the following is substituted in lieu | |
625 | - | thereof (Effective July 1, 2022): | |
626 | - | (b) Notwithstanding any provision of the general statutes, any person | |
627 | - | who is alleged to have committed (1) a violation under the provisions of | |
628 | - | section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7- | |
629 | - | 393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10- | |
630 | - | 251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) | |
631 | - | of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12- Substitute House Bill No. 5255 | |
457 | + | (d) (1) The owner or lessee of any vehicle may pay either a fee of thirty 367 | |
458 | + | dollars for each permit issued for such vehicle under this section or a fee 368 | |
459 | + | as described in subdivision (3) of this subsection for such vehicle, 369 | |
460 | + | payable to the Department of Transportation. (2) An additional 370 | |
461 | + | transmittal fee of [five] twelve dollars shall be charged for each permit 371 | |
462 | + | issued under this section and transmitted via electronic means. (3) The 372 | |
463 | + | commissioner may issue an annual permit for any vehicle transporting 373 | |
464 | + | (A) a divisible load, (B) an overweight or oversized-overweight 374 | |
465 | + | indivisible load, or (C) an oversize indivisible load. The owner or lessee 375 | |
466 | + | shall pay an annual fee of nine dollars per thousand pounds or fraction 376 | |
467 | + | thereof for each such vehicle. A permit may be issued in any increment 377 | |
468 | + | up to one year, provided the owner or lessee shall pay a fee of one 378 | |
469 | + | hundred dollars for such vehicle or vehicle and trailer for each month 379 | |
470 | + | or fraction thereof. (4) The annual permit fee for any vehicle 380 | |
471 | + | transporting an oversize indivisible load shall not be less than six 381 | |
472 | + | hundred fifty dollars. (5) The commissioner may issue permits for 382 | |
473 | + | divisible loads in the aggregate not exceeding fifty-three feet in length. 383 | |
474 | + | (6) An additional engineering analysis fee of two dollars per thousand 384 | |
475 | + | pounds or fraction thereof over two hundred thousand pounds shall be 385 | |
476 | + | charged for an oversize-overweight vehicle and trailer or a commercial 386 | |
477 | + | vehicle combination and load that exceeds a permit weight of two 387 | |
478 | + | hundred thousand pounds. 388 | |
479 | + | Sec. 14. Subsection (c) of section 54-33p of the 2022 supplement to the 389 | |
480 | + | general statutes is repealed and the following is substituted in lieu 390 | |
481 | + | thereof (Effective July 1, 2022): 391 | |
482 | + | (c) A law enforcement official may conduct a test for impairment 392 | |
483 | + | based on the odor of cannabis or burnt cannabis if such official 393 | |
484 | + | reasonably suspects the operator [or a passenger of a motor vehicle] of 394 | |
485 | + | violating section [14-227,] 14-227a, 14-227m or 14-227n. 395 | |
486 | + | Sec. 15. Subsections (b) and (c) of section 54-56e of the 2022 396 | |
487 | + | supplement to the general statutes are repealed and the following is 397 | |
488 | + | substituted in lieu thereof (Effective July 1, 2022): 398 Substitute Bill No. 5255 | |
632 | 489 | ||
633 | - | Public Act No. 22-40 20 of 30 | |
634 | 490 | ||
635 | - | 435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, | |
636 | - | 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, [13a-247,] 13a-253 | |
637 | - | or 13a-263, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b- | |
638 | - | 292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, | |
639 | - | subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection | |
640 | - | (d) of section 14-12, section 14-20a or 14-27a, subsection (f) of section 14- | |
641 | - | 34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, | |
642 | - | subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) | |
643 | - | of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, | |
644 | - | 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first | |
645 | - | violation as specified in subsection (f) of section 14-164i, section 14-219, | |
646 | - | as amended by this act, as specified in subsection (e) of said section, | |
647 | - | subdivision (1) of section 14-223a, section 14-240, as amended by this | |
648 | - | act, 14-250 or 14-253a, subsection (a) of section 14-261a, section 14-262, | |
649 | - | 14-264, 14-267a, 14-269, 14-270, as amended by this act, 14-275a, 14-278 | |
650 | - | or 14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, | |
651 | - | 14-296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 | |
652 | - | or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or | |
653 | - | 15-33, subdivision (1) of section 15-97, subsection (a) of section 15-115, | |
654 | - | section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section | |
655 | - | 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b- | |
656 | - | 131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section | |
657 | - | 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a- | |
658 | - | 222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a- | |
659 | - | 336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20- | |
660 | - | 231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334, | |
661 | - | section 20-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, | |
662 | - | 21-47, 21-48, 21-63, subsection (d) of section 21-71 or section 21-76a, | |
663 | - | subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section | |
664 | - | 21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 | |
665 | - | or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 | |
666 | - | or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, | |
667 | - | subdivision (1) of subsection (a) of section 21a-159, section 21a-278b, Substitute House Bill No. 5255 | |
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668 | 494 | ||
669 | - | Public Act No. 22-40 21 of 30 | |
495 | + | (b) The court may, in its discretion, invoke such program on motion 399 | |
496 | + | of the defendant or on motion of a state's attorney or prosecuting 400 | |
497 | + | attorney with respect to a defendant (1) who, the court believes, will 401 | |
498 | + | probably not offend in the future, (2) who has no previous record of 402 | |
499 | + | conviction of a crime or of a violation of section 14-196, subsection (c) of 403 | |
500 | + | section 14-215, section 14-222a, subsection (a) or subdivision (1) of 404 | |
501 | + | subsection (b) of section 14-224, section 14-227a or 14-227m, [or] 405 | |
502 | + | subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-406 | |
503 | + | 132a, 15-133 or 15-140n, and (3) who states under oath, in open court or 407 | |
504 | + | before any person designated by the clerk and duly authorized to 408 | |
505 | + | administer oaths, under the penalties of perjury, (A) that the defendant 409 | |
506 | + | has never had such program invoked on the defendant's behalf or that 410 | |
507 | + | the defendant was charged with a misdemeanor or a motor vehicle 411 | |
508 | + | violation for which a term of imprisonment of one year or less may be 412 | |
509 | + | imposed and ten or more years have passed since the date that any 413 | |
510 | + | charge or charges for which the program was invoked on the 414 | |
511 | + | defendant's behalf were dismissed by the court, or (B) with respect to a 415 | |
512 | + | defendant who is a veteran, that the defendant has not had such 416 | |
513 | + | program invoked in the defendant's behalf more than once previously, 417 | |
514 | + | provided the defendant shall agree thereto and provided notice has 418 | |
515 | + | been given by the defendant, on a form prescribed by the Office of the 419 | |
516 | + | Chief Court Administrator, to the victim or victims of such crime or 420 | |
517 | + | motor vehicle violation, if any, by registered or certified mail and such 421 | |
518 | + | victim or victims have an opportunity to be heard thereon. Any 422 | |
519 | + | defendant who [makes application] applies for participation in such 423 | |
520 | + | program shall pay to the court an application fee of thirty-five dollars, 424 | |
521 | + | except as provided in subsection (g) of this section. No defendant shall 425 | |
522 | + | be allowed to participate in the pretrial program for accelerated 426 | |
523 | + | rehabilitation more than two times. For the purposes of this section, 427 | |
524 | + | "veteran" has the same meaning as provided in section 27-103. 428 | |
525 | + | (c) This section shall not be applicable: (1) To any person charged 429 | |
526 | + | with (A) a class A felony, (B) a class B felony, except a violation of 430 | |
527 | + | subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does 431 | |
528 | + | not involve the use, attempted use or threatened use of physical force 432 Substitute Bill No. 5255 | |
670 | 529 | ||
671 | - | subsection (c), (d) or (e) of section 21a-279a, section 21a-421eee, 21a- | |
672 | - | 421fff, 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-30, 22-34, 22- | |
673 | - | 35, 22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l, subdivision | |
674 | - | (1) of subsection (n) of section 22-61l, subsection (f) of section 22-61m, | |
675 | - | subdivision (1) of subsection (f) of section 22-61m, subsection (d) of | |
676 | - | section 22-84, section 22-89, 22-90, 22-96, 22-98, 22-99, 22-100, 22-111o, | |
677 | - | 22-167, subsection (c) of section 22-277, section 22-278, 22-279, 22-280a, | |
678 | - | 22-318a, 22-320h, 22-324a, 22-326, subsection (b), subdivision (1) or (2) of | |
679 | - | subsection (e) or subsection (g) of section 22-344, subdivision (2) of | |
680 | - | subsection (b) of section 22-344b, subsection (d) of section 22-344c, | |
681 | - | subsection (d) of section 22-344d, section 22-344f, 22-350a, 22-354, 22- | |
682 | - | 359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection | |
683 | - | (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-363 | |
684 | - | or 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, | |
685 | - | 22a-461, 23-4b, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) | |
686 | - | of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) of | |
687 | - | section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26- | |
688 | - | 40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) of | |
689 | - | subsection (d) of section 26-61, section 26-64, subdivision (1) of section | |
690 | - | 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26- | |
691 | - | 105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, subdivision | |
692 | - | (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-224a, | |
693 | - | subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, 26-244, | |
694 | - | 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29- | |
695 | - | 6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of | |
696 | - | section 29-161q, section 29-161y or 29-161z, subdivision (1) of section 29- | |
697 | - | 198, section 29-210, 29-243 or 29-277, subsection (c) of section 29-291c, | |
698 | - | section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, | |
699 | - | 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, | |
700 | - | 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, subsection (a) or | |
701 | - | (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or | |
702 | - | 31-134, subsection (i) of section 31-273, section 31-288, subdivision (1) of | |
703 | - | section 35-20, section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a- Substitute House Bill No. 5255 | |
704 | 530 | ||
705 | - | Public Act No. 22-40 22 of 30 | |
531 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
532 | + | R02-HB.docx } | |
533 | + | 15 of 28 | |
706 | 534 | ||
707 | - | 658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, | |
708 | - | 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53- | |
709 | - | 249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53- | |
710 | - | 323, 53-331 or 53-344, subsection (c) of section 53-344b, or section 53-450, | |
711 | - | or (2) a violation under the provisions of chapter 268, or (3) a violation | |
712 | - | of any regulation adopted in accordance with the provisions of section | |
713 | - | 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation | |
714 | - | or bylaw of any town, city or borough, except violations of building | |
715 | - | codes and the health code, for which the penalty exceeds ninety dollars | |
716 | - | but does not exceed two hundred fifty dollars, unless such town, city or | |
717 | - | borough has established a payment and hearing procedure for such | |
718 | - | violation pursuant to section 7-152c, shall follow the procedures set | |
719 | - | forth in this section. | |
720 | - | Sec. 18. Subdivision (3) of section 13a-261 of the 2022 supplement to | |
721 | - | the general statutes is repealed and the following is substituted in lieu | |
722 | - | thereof (Effective July 1, 2022): | |
723 | - | (3) "Owner" means a person in whose name a motor vehicle is | |
724 | - | registered under the [provision] provisions of chapter 246 or law of | |
725 | - | another jurisdiction. | |
726 | - | Sec. 19. Subdivision (3) of subsection (a) of section 13a-264 of the 2022 | |
727 | - | supplement to the general statutes is repealed and the following is | |
728 | - | substituted in lieu thereof (Effective July 1, 2022): | |
729 | - | (3) A work zone speed control system operator shall complete and | |
730 | - | sign a daily log for a work zone control system. Such daily log shall (A) | |
731 | - | state the date, time and location of such system's set-up, (B) state that | |
732 | - | the work zone speed control system operator successfully performed, | |
733 | - | and the work zone speed control system passed, the testing specified by | |
734 | - | the manufacturer of the work zone speed control system, (C) be kept on | |
735 | - | file at the principle office of the operator, and (D) be admitted in any | |
736 | - | court proceeding for an alleged violation of section 13a-263. Substitute House Bill No. 5255 | |
535 | + | against another person, or a violation of subdivision (4) of subsection (a) 433 | |
536 | + | of section 53a-122 that does not involve the use, attempted use or 434 | |
537 | + | threatened use of physical force against another person and does not 435 | |
538 | + | involve a violation by a person who is a public official, as defined in 436 | |
539 | + | section 1-110, or a state or municipal employee, as defined in section 1-437 | |
540 | + | 110, or (C) a violation of section 53a-70b of the general statutes, revision 438 | |
541 | + | of 1958, revised to January 1, 2019, or section 14-227a or 14-227m, 439 | |
542 | + | subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) 440 | |
543 | + | of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-441 | |
544 | + | 70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-442 | |
545 | + | 72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged 443 | |
546 | + | with a crime or motor vehicle violation who, as a result of the 444 | |
547 | + | commission of such crime or motor vehicle violation, causes the death 445 | |
548 | + | of another person, (3) to any person accused of a family violence crime 446 | |
549 | + | as defined in section 46b-38a who (A) is eligible for the pretrial family 447 | |
550 | + | violence education program established under section 46b-38c, or (B) 448 | |
551 | + | has previously had the pretrial family violence education program 449 | |
552 | + | invoked in such person's behalf, (4) to any person charged with a 450 | |
553 | + | violation of section 21a-267, 21a-279 or 21a-279a, who (A) is eligible for 451 | |
554 | + | the pretrial drug education and community service program established 452 | |
555 | + | under section 54-56i or the pretrial drug intervention and community 453 | |
556 | + | service program established under section 54-56q, or (B) has previously 454 | |
557 | + | had (i) the pretrial drug education program (ii) the pretrial drug 455 | |
558 | + | education and community service program established under the 456 | |
559 | + | provisions of section 54-56i, or (iii) the pretrial drug intervention and 457 | |
560 | + | community service program established under section 54-56q, invoked 458 | |
561 | + | on such person's behalf, (5) unless good cause is shown, to (A) any 459 | |
562 | + | person charged with a class C felony, or (B) any person charged with 460 | |
563 | + | committing a violation of subdivision (1) of subsection (a) of section 53a-461 | |
564 | + | 71 while such person was less than four years older than the other 462 | |
565 | + | person, (6) to any person charged with a violation of section 9-359 or 9-463 | |
566 | + | 359a, (7) to any person charged with a motor vehicle violation (A) while 464 | |
567 | + | operating a commercial motor vehicle, as defined in section 14-1, or (B) 465 | |
568 | + | who holds a commercial driver's license or commercial driver's 466 | |
569 | + | instruction permit at the time of the violation, (8) to any person charged 467 Substitute Bill No. 5255 | |
737 | 570 | ||
738 | - | Public Act No. 22-40 23 of 30 | |
739 | 571 | ||
740 | - | Sec. 20. Section 14-307a of the 2022 supplement to the general statutes | |
741 | - | is repealed and the following is substituted in lieu thereof (Effective July | |
742 | - | 1, 2022): | |
743 | - | (a) The traffic authority of any town, city or borough may establish a | |
744 | - | pedestrian safety zone on any street, highway and bridge or in any | |
745 | - | parking area for ten cars or more or on any private road wholly within | |
746 | - | the municipality under its jurisdiction without approval from the Office | |
747 | - | of the State Traffic Administration, provided: (1) The municipality, by | |
748 | - | vote of its legislative body, or in the case of a municipality in which the | |
749 | - | legislative body is a town meeting, its board of selectmen, grants general | |
750 | - | authority to the traffic authority to establish pedestrian safety zones | |
751 | - | within the municipality. Such general authority is not required if such | |
752 | - | legislative body or board of selectmen is also the traffic authority; (2) the | |
753 | - | traffic authority conducts an engineering study described in subsection | |
754 | - | (b) of this section; (3) the posted speed limit for such zone is not less than | |
755 | - | twenty miles per hour; (4) such zone encompasses a clearly defined | |
756 | - | downtown district or community center frequented by pedestrians or is | |
757 | - | adjacent to hospital property or, in the opinion of the traffic authority, | |
758 | - | is sufficiently close to hospital property as to constitute a risk to the | |
759 | - | public safety; and (5) the traffic authority satisfies the requirements of | |
760 | - | subparagraphs (C) to (E), inclusive, of subdivision (2) of subsection (c) | |
761 | - | of section 14-218a, if applicable. | |
762 | - | (b) Prior to establishing a pedestrian safety zone, the traffic authority | |
763 | - | shall conduct an engineering study in accordance with the Federal | |
764 | - | Highway Administration's Manual on Uniform Traffic Control Devices | |
765 | - | for Streets and Highways, as amended from time to time, and other | |
766 | - | generally accepted engineering principles and guidance. The study shall | |
767 | - | be completed by a professional engineer licensed to practice in this state | |
768 | - | and shall consider factors, including, but not limited to, pedestrian | |
769 | - | activity, type of land use and development, parking and the record of | |
770 | - | traffic crashes in the area under consideration to be a pedestrian safety Substitute House Bill No. 5255 | |
572 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
573 | + | R02-HB.docx } | |
574 | + | 16 of 28 | |
771 | 575 | ||
772 | - | Public Act No. 22-40 24 of 30 | |
576 | + | with a violation of subdivision (6) of subsection (a) of section 53a-60, [or] 468 | |
577 | + | (9) to a health care provider or vendor participating in the state's 469 | |
578 | + | Medicaid program charged with a violation of section 53a-122 or 470 | |
579 | + | subdivision (4) of subsection (a) of section 53a-123, or (10) to any person 471 | |
580 | + | charged with a violation of section 15-132a, 15-133 or 15-140n. 472 | |
581 | + | Sec. 16. Subsection (c) of section 14-227b of the 2022 supplement to 473 | |
582 | + | the general statutes, as amended by section 118 of public act 21-1 of the 474 | |
583 | + | June special session, is repealed and the following is substituted in lieu 475 | |
584 | + | thereof (Effective July 1, 2022): 476 | |
585 | + | (c) If the person arrested refuses to submit to such test or 477 | |
586 | + | nontestimonial portion of a drug influence evaluation or submits to such 478 | |
587 | + | test, commenced within two hours of the time of operation, and the 479 | |
588 | + | results of such test indicate that such person has an elevated blood 480 | |
589 | + | alcohol content, the police officer, acting on behalf of the Commissioner 481 | |
590 | + | of Motor Vehicles, shall immediately revoke and take possession of the 482 | |
591 | + | motor vehicle operator's license or, if such person is not licensed or is a 483 | |
592 | + | nonresident, suspend the operating privilege of such person, for a 484 | |
593 | + | twenty-four-hour period. The police officer shall prepare a report of the 485 | |
594 | + | incident and shall mail or otherwise transmit in accordance with this 486 | |
595 | + | subsection the report and a copy of the results of any chemical test to 487 | |
596 | + | the Department of Motor Vehicles within three business days. The 488 | |
597 | + | report shall contain such information as prescribed by the 489 | |
598 | + | Commissioner of Motor Vehicles and shall be subscribed and sworn to 490 | |
599 | + | under penalty of false statement as provided in section 53a-157b by the 491 | |
600 | + | arresting officer. If the person arrested refused to submit to such test or 492 | |
601 | + | evaluation, the report shall be endorsed by a third person who 493 | |
602 | + | witnessed such refusal. The report shall set forth the grounds for the 494 | |
603 | + | officer's belief that there was probable cause to arrest such person for a 495 | |
604 | + | violation of section 14-227a or 14-227m or subdivision (1) or (2) of 496 | |
605 | + | subsection (a) of section 14-227n and shall state that such person had 497 | |
606 | + | refused to submit to such test or evaluation when requested by such 498 | |
607 | + | police officer to do so or that such person submitted to such test, 499 | |
608 | + | commenced within two hours of the time of operation, and the results 500 Substitute Bill No. 5255 | |
773 | 609 | ||
774 | - | zone. If the study recommends the establishment of a pedestrian safety | |
775 | - | zone, the study shall also include a speed management plan and | |
776 | - | recommend actions to achieve lower motor vehicle speeds. | |
777 | - | (c) In a municipality where the Office of the State Traffic | |
778 | - | Administration approves speed limits on the streets, highways and | |
779 | - | bridges or in any parking area for ten cars or more or on any private | |
780 | - | road wholly within the municipality in accordance with section 14-218a, | |
781 | - | as amended by this act, the traffic authority shall notify the office in | |
782 | - | writing of the establishment of any pedestrian safety zone and confirm | |
783 | - | that the requirements of this section have been satisfied. | |
784 | - | (d) If the Commissioner of Transportation or a traffic authority of any | |
785 | - | town, city or borough seeks to establish a pedestrian safety zone on a | |
786 | - | state highway that passes through a downtown or community center, | |
787 | - | the commissioner or traffic authority shall submit a written request to | |
788 | - | the Office of the State Traffic Administration and include with such | |
789 | - | request the engineering study and speed management plan conducted | |
790 | - | pursuant to subsection (b) of this section. The office shall be the sole | |
791 | - | authority for establishing a pedestrian safety zone on a state highway | |
792 | - | and shall provide a written explanation of the reasons for denying any | |
793 | - | such request. | |
794 | - | (e) The Office of the State Traffic Administration may adopt | |
795 | - | regulations, in accordance with the provisions of chapter 54, to | |
796 | - | implement the provisions of this section. | |
797 | - | Sec. 21. (NEW) (Effective October 1, 2022) (a) As used in this section, | |
798 | - | (1) "high occupancy vehicle lane" means a traffic lane reserved for the | |
799 | - | exclusive use of vehicles with an operator and one or more passengers; | |
800 | - | (2) "blood transport vehicle" means a motor vehicle owned by a | |
801 | - | nonprofit general blood banking operation or nonprofit blood collection | |
802 | - | facility licensed by the state that transports human blood and blood | |
803 | - | products; and (3) "blood products" means any substance derived from Substitute House Bill No. 5255 | |
804 | 610 | ||
805 | - | Public Act No. 22-40 25 of 30 | |
611 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
612 | + | R02-HB.docx } | |
613 | + | 17 of 28 | |
806 | 614 | ||
807 | - | human blood, including, but not limited to, plasma, platelets and red or | |
808 | - | white blood cells. | |
809 | - | (b) The Office of the State Traffic Administration may designate a | |
810 | - | lane on any multiple lane limited access highway as a high occupancy | |
811 | - | vehicle lane and erect or cause to be erected signs identifying any such | |
812 | - | high occupancy vehicle lane. The office shall permit the operator of a | |
813 | - | blood transport vehicle to use any such high occupancy vehicle lane, | |
814 | - | regardless of the number of passengers in such vehicle, provided the | |
815 | - | operator (1) is transporting human blood and blood products between | |
816 | - | a collection point and a hospital or storage center; (2) displays a | |
817 | - | removable decal or sign indicating such vehicle is transporting human | |
818 | - | blood and blood products between a collection point and a hospital or | |
819 | - | storage center on each side of such vehicle and at the rear of such | |
820 | - | vehicle; and (3) displays the logo or emblem of the nonprofit general | |
821 | - | blood banking operation or nonprofit blood collection facility, as the | |
822 | - | case may be, on each side of such vehicle. | |
823 | - | (c) The Office of the State Traffic Administration may adopt | |
824 | - | regulations, in accordance with the provisions of chapter 54 of the | |
825 | - | general statutes, to implement the provisions of this section. | |
826 | - | Sec. 22. (Effective from passage) Not later than January 1, 2024, the | |
827 | - | Commissioner of Transportation shall complete the installation of | |
828 | - | wrong-way signs, as described in subdivision (13) of subsection (a) of | |
829 | - | section 40 of public act 20-1, on exit ramps from interstate highways that | |
830 | - | are prone to motor vehicle accidents. | |
831 | - | Sec. 23. (Effective from passage) (a) As used in this section, | |
832 | - | "microtransit" means transportation by a multipassenger vehicle that | |
833 | - | uses a digital network or software application service to offer fixed or | |
834 | - | dynamically allocated routes and schedules in response to individual or | |
835 | - | aggregate consumer demand. Substitute House Bill No. 5255 | |
615 | + | of such test indicated that such person had an elevated blood alcohol 501 | |
616 | + | content. A drug influence evaluation need not be commenced within 502 | |
617 | + | two hours of the time of operation. The Commissioner of Motor Vehicles 503 | |
618 | + | may accept a police report under this subsection that is prepared and 504 | |
619 | + | transmitted as an electronic record, including electronic signature or 505 | |
620 | + | signatures, subject to such security procedures as the commissioner may 506 | |
621 | + | specify and in accordance with the provisions of sections 1-266 to 1-286, 507 | |
622 | + | inclusive. In any hearing conducted pursuant to the provisions of 508 | |
623 | + | subsection (g) of this section, it shall not be a ground for objection to the 509 | |
624 | + | admissibility of a police report that it is an electronic record prepared by 510 | |
625 | + | electronic means. 511 | |
626 | + | Sec. 17. Subsections (b) and (c) of section 13a-73 of the 2022 512 | |
627 | + | supplement to the general statutes are repealed and the following is 513 | |
628 | + | substituted in lieu thereof (Effective July 1, 2022): 514 | |
629 | + | (b) The commissioner may take any land the commissioner finds 515 | |
630 | + | necessary for the layout, alteration, extension, widening, change of 516 | |
631 | + | grade or other improvement of any state highway, bicycle lane, multiuse 517 | |
632 | + | trail or for a highway maintenance storage area or garage and the owner 518 | |
633 | + | of such land shall be paid by the state for all damages, and the state shall 519 | |
634 | + | receive from such owner the amount or value of all benefits resulting 520 | |
635 | + | from such taking, layout, alteration, extension, widening, change of 521 | |
636 | + | grade or other improvement. The use of any site acquired for highway 522 | |
637 | + | maintenance storage area or garage purposes by condemnation shall 523 | |
638 | + | conform to any zoning ordinance or development plan in effect for the 524 | |
639 | + | area in which such site is located, provided the commissioner may be 525 | |
640 | + | granted any variance or special exception as may be made pursuant to 526 | |
641 | + | the zoning ordinances and regulations of the town in which any such 527 | |
642 | + | site is to be acquired. The assessment of such damages and of such 528 | |
643 | + | benefits shall be made by the commissioner and filed by the 529 | |
644 | + | commissioner with the clerk of the superior court for the judicial district 530 | |
645 | + | in which the land affected is located. The commissioner shall give notice 531 | |
646 | + | of such assessment to each person having an interest of record therein, 532 | |
647 | + | or such person's designated agent for service of process, by mailing to 533 Substitute Bill No. 5255 | |
836 | 648 | ||
837 | - | Public Act No. 22-40 26 of 30 | |
838 | 649 | ||
839 | - | (b) The Commissioner of Transportation shall establish a two-year | |
840 | - | pilot program to test microtransit services in the state, including rural | |
841 | - | areas not currently served by public transportation. The commissioner | |
842 | - | may enter into agreements with third parties to provide such services. | |
843 | - | (c) Not later than January 1, 2025, the commissioner shall submit a | |
844 | - | report on the implementation of the pilot program and any | |
845 | - | recommendations concerning the future deployment of microtransit | |
846 | - | services in the state, to the joint standing committee of the General | |
847 | - | Assembly having cognizance of matters relating to transportation, in | |
848 | - | accordance with the provisions of section 11-4a of the general statutes. | |
849 | - | Sec. 24. Subsection (b) of section 15-13 of the general statutes is | |
850 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
851 | - | 2022): | |
852 | - | (b) An extension of route for waters of this state, including the | |
853 | - | Connecticut waters of Long Island Sound, for which application is being | |
854 | - | made by a pilot currently licensed by the authority for eastern Long | |
855 | - | Island Sound and at least one of the ports of New London, New Haven | |
856 | - | or Bridgeport, shall be granted provided the applicant (1) has procured | |
857 | - | a federal first class pilot's license of unlimited tonnage issued by the | |
858 | - | United States Coast Guard covering the sections of the waters of this | |
859 | - | state, including the Connecticut waters of Long Island Sound, for which | |
860 | - | application for an extension of route is being made, and (2) can | |
861 | - | document that, within the thirty-six months immediately preceding | |
862 | - | such application, the applicant has made six round trips through the | |
863 | - | port or waterway for which application is being made as (A) observing | |
864 | - | pilot on vessels under enrollment or vessels under register subject to | |
865 | - | compulsory pilotage under sections 15-15 and 15-15c, during which the | |
866 | - | applicant does the piloting work under the supervision and authority of | |
867 | - | a pilot licensed by this state, or (B) pilot of record on American vessels | |
868 | - | under enrollment on which the applicant is not a crew member. Substitute House Bill No. 5255 | |
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652 | + | 18 of 28 | |
869 | 653 | ||
870 | - | Public Act No. 22-40 27 of 30 | |
654 | + | such person a copy of the same, postage prepaid, and, at any time after 534 | |
655 | + | such assessment has been made by the commissioner, the physical 535 | |
656 | + | construction of such layout, alteration, extension, widening, 536 | |
657 | + | maintenance storage area or garage, change of grade or other 537 | |
658 | + | improvement may be made. If notice cannot be given to any person 538 | |
659 | + | entitled thereto because such person's whereabouts or existence is 539 | |
660 | + | unknown, notice may be given by publishing a notice at least twice in a 540 | |
661 | + | newspaper published in the judicial district and having a daily or 541 | |
662 | + | weekly circulation in the town in which the property affected is located. 542 | |
663 | + | Any such published notice shall state that it is a notice to the last owner 543 | |
664 | + | of record or such owner's surviving spouse, heirs, administrators, 544 | |
665 | + | assigns, representatives or creditors if he or she is deceased, and shall 545 | |
666 | + | contain a brief description of the property taken. Notice shall also be 546 | |
667 | + | given by mailing to such person at his or her last-known address, by 547 | |
668 | + | registered or certified mail, a copy of such notice. If, after a search of the 548 | |
669 | + | land and probate records, the address of any interested party cannot be 549 | |
670 | + | found, an affidavit stating such facts and reciting the steps taken to 550 | |
671 | + | establish the address of any such person shall be filed with the clerk of 551 | |
672 | + | the court and accepted in lieu of service of such notice by mailing the 552 | |
673 | + | same to the last-known address of such person. Upon filing an 553 | |
674 | + | assessment with the clerk of the court, the commissioner shall forthwith 554 | |
675 | + | sign and file for record with the town clerk of the town in which such 555 | |
676 | + | real property is located a certificate setting forth the fact of such taking, 556 | |
677 | + | a description of the real property so taken and the names and residences 557 | |
678 | + | of the owners from whom it was taken. Upon the filing of such 558 | |
679 | + | certificate, title to such real property in fee simple shall vest in the state 559 | |
680 | + | of Connecticut, except that, if it is so specified in such certificate, a lesser 560 | |
681 | + | estate, interest or right shall vest in the state. The commissioner shall 561 | |
682 | + | permit the last owner of record of such real property upon which an 562 | |
683 | + | owner-occupied residence or owner-operated business is situated to 563 | |
684 | + | remain in such residence or operate such business, rent free, for a period 564 | |
685 | + | of ninety days after the filing of such certificate. 565 | |
686 | + | (c) The commissioner may purchase any land and take a deed thereof 566 | |
687 | + | in the name of the state when such land is needed in connection with 567 Substitute Bill No. 5255 | |
871 | 688 | ||
872 | - | Sec. 25. (Effective October 1, 2022) (a) Any municipality that adopts an | |
873 | - | ordinance pursuant to section 7-148 of the general statutes to regulate | |
874 | - | the operation and use of external speakers attached to a motor vehicle, | |
875 | - | as defined in section 14-1 of the general statutes in order to preserve the | |
876 | - | public peace and good order and prevent disturbing noises, may (1) | |
877 | - | prescribe a penalty for a violation of such ordinance in an amount not | |
878 | - | to exceed one thousand dollars for a first violation, in an amount not to | |
879 | - | exceed one thousand five hundred dollars for a second violation, and in | |
880 | - | an amount not to exceed two thousand dollars for a third or subsequent | |
881 | - | violation, and (2) provide for the seizure and forfeiture to the | |
882 | - | municipality of such external speakers for a violation of such ordinance. | |
883 | - | (b) No external speaker shall be forfeited under an ordinance adopted | |
884 | - | pursuant to this section to the extent of the interest of an owner by | |
885 | - | reason of any act or omission committed by another person if such | |
886 | - | owner did not know and could not have reasonably known that such | |
887 | - | external speaker was being used or was intended to be used in violation | |
888 | - | of a municipal ordinance. | |
889 | - | (c) Any external speaker ordered forfeited pursuant to such an | |
890 | - | ordinance shall be sold at a public auction conducted by the | |
891 | - | municipality. The proceeds of such sale shall be paid to the treasurer of | |
892 | - | the municipality, who shall deposit such proceeds into the general fund | |
893 | - | of the municipality. | |
894 | - | Sec. 26. Section 7-273l of the general statutes is repealed and the | |
895 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
896 | - | (a) As used in this section, "urbanized area" has the same meaning as | |
897 | - | provided in 49 USC 5302(24), as amended from time to time, and "rural | |
898 | - | area" has the same meaning as provided in 49 USC 5302(17), as amended | |
899 | - | from time to time. | |
900 | - | (b) Each transit district established under this chapter or any special Substitute House Bill No. 5255 | |
901 | 689 | ||
902 | - | Public Act No. 22-40 28 of 30 | |
690 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
691 | + | R02-HB.docx } | |
692 | + | 19 of 28 | |
903 | 693 | ||
904 | - | act may (1) impose service charges and user fees on persons using transit | |
905 | - | systems operated by such district, and (2) apply for funding from the | |
906 | - | Department of Transportation in accordance with the provisions of this | |
907 | - | section to finance the construction, acquisition, purchase, lease or | |
908 | - | operation of a mass transit system and related programs authorized | |
909 | - | under section 7-273b. [For each year starting] Commencing with the | |
910 | - | fiscal year ending June 30, 1984, until June 30, 2024, inclusive, the | |
911 | - | commissioner shall distribute such funds to each transit district located | |
912 | - | in an urbanized area or a rural area in the same manner as the formula | |
913 | - | specified under [the Section 5 or Section 18 operating assistance | |
914 | - | programs, depending on whether the transit district is in an urbanized | |
915 | - | or nonurbanized area, of the Urban Mass Transportation Act of 1964, as | |
916 | - | may be amended from time to time. In order to qualify for any such | |
917 | - | funds, a transit district shall derive at least thirty per cent of its operating | |
918 | - | costs from service charges and user fees or from federal or local | |
919 | - | subsidies and other sources other than state subsidies for the fiscal year | |
920 | - | ending June 30, 1984, thirty-five per cent of its costs from such sources | |
921 | - | for the fiscal year ending June 30, 1985, and forty per cent of its costs | |
922 | - | from such sources for the fiscal year ending June 30, 1986] 49 USC 5307, | |
923 | - | as amended from time to time, or 49 USC 5311, as amended from time | |
924 | - | to time. Commencing with the fiscal year ending June 30, 2025, and each | |
925 | - | fiscal year thereafter, the commissioner shall distribute such funds to | |
926 | - | each transit district located in a rural area in the same manner as the | |
927 | - | formula specified under 49 USC 5311, as amended from time to time. | |
928 | - | Any municipality providing transit service that is not part of a transit | |
929 | - | district may either establish a transit district under the provisions of this | |
930 | - | chapter to assume operating control of such service or negotiate an | |
931 | - | agreement with the Department of Transportation to administer the | |
932 | - | operation of such service. In the latter case, the department shall provide | |
933 | - | financial assistance to such municipality according to the formula | |
934 | - | specified in this section. As a condition of receiving any funds [, such | |
935 | - | municipality shall derive the same percentage] under this subsection, a | |
936 | - | transit district or municipality shall meet eligibility criteria established Substitute House Bill No. 5255 | |
694 | + | the layout, construction, repair, reconstruction or maintenance of any 568 | |
695 | + | state highway, bicycle lane, multiuse trail or bridge, and any land or 569 | |
696 | + | buildings or both, necessary, in the commissioner's opinion, for the 570 | |
697 | + | efficient accomplishment of the foregoing purpose, and may further, 571 | |
698 | + | when the commissioner determines that it is in the best interests of the 572 | |
699 | + | state, purchase, lease or otherwise arrange for the acquisition or 573 | |
700 | + | exchange of land or buildings or both for such purpose. The 574 | |
701 | + | commissioner, with the advice and consent of the Attorney General, 575 | |
702 | + | may settle and compromise any claim by any person, firm or 576 | |
703 | + | corporation claiming to be aggrieved by such layout, construction, 577 | |
704 | + | reconstruction, repair or maintenance by the payment of money, the 578 | |
705 | + | transfer of other land acquired for or in connection with highway 579 | |
706 | + | purposes, or otherwise. The commissioner shall permit the last owner 580 | |
707 | + | of record of such real property upon which an owner-occupied 581 | |
708 | + | residence or owner-operated business is situated to remain in such 582 | |
709 | + | residence or operate such business, rent free, for a period of ninety days 583 | |
710 | + | from the filing of such deed. 584 | |
711 | + | Sec. 18. Section 14-240 of the general statutes is repealed and the 585 | |
712 | + | following is substituted in lieu thereof (Effective July 1, 2022): 586 | |
713 | + | (a) [No] As used in this section, "platoon" means two or three 587 | |
714 | + | commercial motor vehicles or buses, excluding school buses, traveling 588 | |
715 | + | in a unified manner at electronically coordinated speeds at following 589 | |
716 | + | distances that are closer than would be reasonable and prudent without 590 | |
717 | + | such coordination. 591 | |
718 | + | (b) Except as provided in subsection (e) of this section, no person 592 | |
719 | + | operating a motor vehicle shall follow another vehicle more closely than 593 | |
720 | + | is reasonable and prudent, having regard for the speed of such vehicles, 594 | |
721 | + | the traffic upon and the condition of the highway and weather 595 | |
722 | + | conditions. 596 | |
723 | + | [(b)] (c) No person operating a motor vehicle shall drive such vehicle 597 | |
724 | + | in such proximity to another vehicle as to obstruct or impede traffic. 598 Substitute Bill No. 5255 | |
937 | 725 | ||
938 | - | Public Act No. 22-40 29 of 30 | |
939 | 726 | ||
940 | - | by the commissioner, including, but not limited to, deriving a portion of | |
941 | - | operating costs from service charges, user fees, federal or local subsidies | |
942 | - | and sources other than from state subsidies. [as that required for transit | |
943 | - | districts under the provisions of this section.] | |
944 | - | (c) Commencing with the fiscal year ending June 30, 2025, and each | |
945 | - | fiscal year thereafter, the Commissioner of Transportation shall | |
946 | - | distribute to each transit district located in an urbanized area an amount | |
947 | - | equivalent to the total amount of funds distributed to the transit district | |
948 | - | pursuant to subsection (b) of this section by the commissioner during | |
949 | - | the fiscal year ending June 30, 2024. | |
950 | - | (d) In addition to the funding distributed pursuant to the provisions | |
951 | - | of subsection (c) of this section, commencing with the fiscal year ending | |
952 | - | June 30, 2025, and each fiscal year thereafter, the Commissioner of | |
953 | - | Transportation shall establish a grant program to assist transit districts | |
954 | - | located in urbanized areas to maintain and expand transit services, | |
955 | - | provide regional transit services and upgrade the equipment, facilities | |
956 | - | and infrastructure incident to the provision of transit services. The | |
957 | - | commissioner shall establish eligibility criteria, an application process, | |
958 | - | evaluation criteria and reporting requirements for the grant program. | |
959 | - | The commissioner shall prioritize grant awards to transit districts where | |
960 | - | the municipality that formed the transit district has a population of one | |
961 | - | hundred thousand or more, as determined by the most recent | |
962 | - | population estimate by the Department of Public Health, and transit | |
963 | - | districts where the member municipalities included in the transit district | |
964 | - | have a combined population of one hundred thousand or more. | |
965 | - | (e) The Commissioner of Transportation shall adopt regulations, in | |
966 | - | accordance with the provisions of chapter 54, to implement the | |
967 | - | purposes of this section. | |
968 | - | Sec. 27. (NEW) (Effective from passage) On and after October 1, 2023, | |
969 | - | the Commissioner of Transportation shall develop and maintain a Substitute House Bill No. 5255 | |
727 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
728 | + | R02-HB.docx } | |
729 | + | 20 of 28 | |
970 | 730 | ||
971 | - | Public Act No. 22-40 30 of 30 | |
731 | + | [(c)] (d) Motor vehicles being driven upon any highway in a caravan 599 | |
732 | + | shall be so operated as to allow sufficient space between such vehicles 600 | |
733 | + | or combination of vehicles to enable any other vehicle to enter and 601 | |
734 | + | occupy such space without danger. The provisions of this subsection 602 | |
735 | + | shall not apply to funeral processions or to motor vehicles under official 603 | |
736 | + | escort, [or] traveling under a special permit or operating in a platoon. 604 | |
737 | + | (e) (1) A person may operate a platoon on the highways of this state, 605 | |
738 | + | provided such person files a plan for the general platoon operations 606 | |
739 | + | with the Commissioner of Transportation and such plan is approved by 607 | |
740 | + | the commissioner. The commissioner shall approve or reject a plan for 608 | |
741 | + | general platoon operations not later than fifteen days after the receipt of 609 | |
742 | + | such plan. If the commissioner rejects any such plan, the commissioner 610 | |
743 | + | shall provide a written explanation of the reason for such rejection and 611 | |
744 | + | guidance to amend such plan for resubmission. 612 | |
745 | + | (2) Each commercial motor vehicle or bus in a platoon shall display a 613 | |
746 | + | mark identifying such vehicle or bus as part of a platoon at all times 614 | |
747 | + | when such vehicle or bus is engaged in platooning. Such mark shall be 615 | |
748 | + | issued by the commissioner and displayed in a manner prescribed by 616 | |
749 | + | the commissioner. 617 | |
750 | + | (3) Each person operating a commercial motor vehicle or bus in a 618 | |
751 | + | platoon shall be seated in the driver's seat of such vehicle or bus and 619 | |
752 | + | hold a commercial driver's license of the appropriate class and bearing 620 | |
753 | + | endorsements for the type of vehicle or bus being driven. 621 | |
754 | + | (4) No person operating a commercial motor vehicle or bus in a 622 | |
755 | + | platoon shall pull or drag another motor vehicle in the platoon. 623 | |
756 | + | [(d)] (f) Any person who violates any provision of this section shall 624 | |
757 | + | have committed an infraction, except that (1) any person operating a 625 | |
758 | + | commercial vehicle combination or a commercial motor vehicle or bus 626 | |
759 | + | in a platoon in violation of any such provision shall have committed a 627 | |
760 | + | violation and shall be fined not less than one hundred dollars nor more 628 | |
761 | + | than one hundred fifty dollars, or (2) if the violation results in a motor 629 Substitute Bill No. 5255 | |
972 | 762 | ||
973 | - | mobile application for the purpose of (1) integrating real-time | |
974 | - | information concerning transit services provided by each transit district | |
975 | - | established under chapter 103a of the general statutes or any special act, | |
976 | - | and (2) providing trip planning services to the public. Each such transit | |
977 | - | district shall provide real-time information concerning the district's | |
978 | - | transit services, including, but not limited to, the schedule, routes, trips | |
979 | - | and location of such transit services, in the manner and form prescribed | |
980 | - | by the commissioner. | |
981 | - | Sec. 28. (Effective from passage) Notwithstanding any regulations | |
982 | - | adopted pursuant to section 14-298 of the general statutes, on or before | |
983 | - | July 1, 2022, the Commissioner of Transportation shall issue a request | |
984 | - | for proposals regarding the sale or offer for sale of goods within the | |
985 | - | highway right-of-way located at approximately 300 Ethan Allen | |
986 | - | Highway in the town of Ridgefield. | |
987 | - | Sec. 29. (Effective from passage) Notwithstanding the provisions of | |
988 | - | chapter 246 of the general statutes, a person may operate a golf cart on | |
989 | - | the portion of Connecticut Route 156 that is located in the town of Old | |
990 | - | Lyme solely for the purpose of crossing said route, provided the traffic | |
991 | - | authority of said town has authorized the operation of golf carts | |
992 | - | pursuant to the provisions of section 14-300g of the general statutes. | |
763 | + | ||
764 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
765 | + | R02-HB.docx } | |
766 | + | 21 of 28 | |
767 | + | ||
768 | + | vehicle accident, such person shall have committed a violation and shall 630 | |
769 | + | be fined not less than one hundred dollars nor more than two hundred 631 | |
770 | + | dollars. 632 | |
771 | + | Sec. 19. Section 13a-247 of the general statutes is repealed and the 633 | |
772 | + | following is substituted in lieu thereof (Effective July 1, 2022): 634 | |
773 | + | (a) No person, firm, [or] corporation or utility company shall excavate 635 | |
774 | + | within or under, or place any obstruction or substruction within, under, 636 | |
775 | + | upon or over, or interfere with construction, reconstruction or 637 | |
776 | + | maintenance of or drainage from, any state highway without the written 638 | |
777 | + | permission of the commissioner. [Said commissioner may fill in or close 639 | |
778 | + | any such excavation or remove or alter any such obstruction or 640 | |
779 | + | substruction, and the expense incurred by the commissioner in such 641 | |
780 | + | filling or removing or altering shall be paid by the person, firm or 642 | |
781 | + | corporation making such excavation or placing such obstruction or 643 | |
782 | + | substruction, provided any excavation, obstruction or substruction 644 | |
783 | + | existing within, under, upon or over any such highway on July 1, 1925, 645 | |
784 | + | or, at the discretion of said commissioner, any] Any excavation [,] made 646 | |
785 | + | or obstruction or substruction [made after said date] placed without a 647 | |
786 | + | permit or in violation of the provisions of a permit shall be removed or 648 | |
787 | + | altered by the person, firm, [or] corporation or utility company making 649 | |
788 | + | or [maintaining] placing the same within thirty days from the date when 650 | |
789 | + | said commissioner sends by registered or certified mail, postage 651 | |
790 | + | prepaid, a notice to such person, firm, [or] corporation or utility 652 | |
791 | + | company, ordering such removal or alteration. If such person, firm, 653 | |
792 | + | corporation or utility company fails to remove or alter any excavation, 654 | |
793 | + | obstruction or substruction not later than thirty days after receipt of 655 | |
794 | + | such notice from the commissioner, the commissioner may fill in or close 656 | |
795 | + | any such excavation or remove or alter any such obstruction or 657 | |
796 | + | substruction, and the expense incurred by the commissioner in such 658 | |
797 | + | filling or removing or altering shall be paid by such person, firm, 659 | |
798 | + | corporation or utility company. 660 | |
799 | + | (b) Notwithstanding the provisions of subsection (a) of this section, if 661 | |
800 | + | the commissioner determines that a person, firm, corporation or utility 662 Substitute Bill No. 5255 | |
801 | + | ||
802 | + | ||
803 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
804 | + | R02-HB.docx } | |
805 | + | 22 of 28 | |
806 | + | ||
807 | + | company has created an unsafe condition within, under, upon or over 663 | |
808 | + | the state highway that requires immediate corrective action, the 664 | |
809 | + | commissioner may order immediate corrective action to remedy the 665 | |
810 | + | unsafe condition. Any costs and expenses incurred by the commission 666 | |
811 | + | to remedy the unsafe condition shall be paid by such person, firm, 667 | |
812 | + | corporation or utility company. 668 | |
813 | + | (c) The state shall not be liable for any damage to private property 669 | |
814 | + | placed in the state highway without a permit. 670 | |
815 | + | [(b)] (d) Any person, firm, [or] corporation or utility company 671 | |
816 | + | violating any provision of [subsection (a) of] this section shall be fined 672 | |
817 | + | [not more than one hundred dollars for a first offense and] not less than 673 | |
818 | + | [one hundred] two thousand dollars or more than five [hundred] 674 | |
819 | + | thousand dollars for each [subsequent] offense. Each violation shall be 675 | |
820 | + | a separate and distinct offense and, in the case of a continuing violation, 676 | |
821 | + | each day's continuance thereof shall be deemed to be a separate and 677 | |
822 | + | distinct offense. 678 | |
823 | + | Sec. 20. Subsection (b) of section 51-164n of the 2022 supplement to 679 | |
824 | + | the general statutes is repealed and the following is substituted in lieu 680 | |
825 | + | thereof (Effective July 1, 2022): 681 | |
826 | + | (b) Notwithstanding any provision of the general statutes, any person 682 | |
827 | + | who is alleged to have committed (1) a violation under the provisions of 683 | |
828 | + | section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-684 | |
829 | + | 393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-685 | |
830 | + | 251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) 686 | |
831 | + | of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-687 | |
832 | + | 435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 688 | |
833 | + | 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, [13a-247,] 13a-253 689 | |
834 | + | or 13a-263, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-690 | |
835 | + | 292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, 691 | |
836 | + | subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection 692 | |
837 | + | (d) of section 14-12, section 14-20a or 14-27a, subsection (f) of section 14-693 | |
838 | + | 34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, 694 Substitute Bill No. 5255 | |
839 | + | ||
840 | + | ||
841 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
842 | + | R02-HB.docx } | |
843 | + | 23 of 28 | |
844 | + | ||
845 | + | subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) 695 | |
846 | + | of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 696 | |
847 | + | 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first 697 | |
848 | + | violation as specified in subsection (f) of section 14-164i, section 14-219, 698 | |
849 | + | as amended by this act, as specified in subsection (e) of said section, 699 | |
850 | + | subdivision (1) of section 14-223a, section 14-240, as amended by this 700 | |
851 | + | act, 14-250 or 14-253a, subsection (a) of section 14-261a, section 14-262, 701 | |
852 | + | 14-264, 14-267a, 14-269, 14-270, as amended by this act, 14-275a, 14-278 702 | |
853 | + | or 14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 703 | |
854 | + | 14-296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 704 | |
855 | + | or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 705 | |
856 | + | 15-33, subdivision (1) of section 15-97, subsection (a) of section 15-115, 706 | |
857 | + | section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 707 | |
858 | + | 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-708 | |
859 | + | 131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 709 | |
860 | + | 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-710 | |
861 | + | 222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-711 | |
862 | + | 336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-712 | |
863 | + | 231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334, 713 | |
864 | + | section 20-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 714 | |
865 | + | 21-47, 21-48, 21-63, subsection (d) of section 21-71 or section 21-76a, 715 | |
866 | + | subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 716 | |
867 | + | 21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 717 | |
868 | + | or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 718 | |
869 | + | or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, 719 | |
870 | + | subdivision (1) of subsection (a) of section 21a-159, section 21a-278b, 720 | |
871 | + | subsection (c), (d) or (e) of section 21a-279a, section 21a-421eee, 21a-721 | |
872 | + | 421fff, 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-30, 22-34, 22-722 | |
873 | + | 35, 22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l, subdivision 723 | |
874 | + | (1) of subsection (n) of section 22-61l, subsection (f) of section 22-61m, 724 | |
875 | + | subdivision (1) of subsection (f) of section 22-61m, subsection (d) of 725 | |
876 | + | section 22-84, section 22-89, 22-90, 22-96, 22-98, 22-99, 22-100, 22-111o, 726 | |
877 | + | 22-167, subsection (c) of section 22-277, section 22-278, 22-279, 22-280a, 727 | |
878 | + | 22-318a, 22-320h, 22-324a, 22-326, subsection (b), subdivision (1) or (2) of 728 | |
879 | + | subsection (e) or subsection (g) of section 22-344, subdivision (2) of 729 Substitute Bill No. 5255 | |
880 | + | ||
881 | + | ||
882 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
883 | + | R02-HB.docx } | |
884 | + | 24 of 28 | |
885 | + | ||
886 | + | subsection (b) of section 22-344b, subsection (d) of section 22-344c, 730 | |
887 | + | subsection (d) of section 22-344d, section 22-344f, 22-350a, 22-354, 22-731 | |
888 | + | 359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection 732 | |
889 | + | (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-363 733 | |
890 | + | or 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, 734 | |
891 | + | 22a-461, 23-4b, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) 735 | |
892 | + | of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) of 736 | |
893 | + | section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26-737 | |
894 | + | 40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) of 738 | |
895 | + | subsection (d) of section 26-61, section 26-64, subdivision (1) of section 739 | |
896 | + | 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-740 | |
897 | + | 105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, subdivision 741 | |
898 | + | (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-224a, 742 | |
899 | + | subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, 26-244, 743 | |
900 | + | 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-744 | |
901 | + | 6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of 745 | |
902 | + | section 29-161q, section 29-161y or 29-161z, subdivision (1) of section 29-746 | |
903 | + | 198, section 29-210, 29-243 or 29-277, subsection (c) of section 29-291c, 747 | |
904 | + | section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 748 | |
905 | + | 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 749 | |
906 | + | 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, subsection (a) or 750 | |
907 | + | (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 751 | |
908 | + | 31-134, subsection (i) of section 31-273, section 31-288, subdivision (1) of 752 | |
909 | + | section 35-20, section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-753 | |
910 | + | 658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 754 | |
911 | + | 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-755 | |
912 | + | 249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-756 | |
913 | + | 323, 53-331 or 53-344, subsection (c) of section 53-344b, or section 53-450, 757 | |
914 | + | or (2) a violation under the provisions of chapter 268, or (3) a violation 758 | |
915 | + | of any regulation adopted in accordance with the provisions of section 759 | |
916 | + | 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation 760 | |
917 | + | or bylaw of any town, city or borough, except violations of building 761 | |
918 | + | codes and the health code, for which the penalty exceeds ninety dollars 762 | |
919 | + | but does not exceed two hundred fifty dollars, unless such town, city or 763 | |
920 | + | borough has established a payment and hearing procedure for such 764 Substitute Bill No. 5255 | |
921 | + | ||
922 | + | ||
923 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
924 | + | R02-HB.docx } | |
925 | + | 25 of 28 | |
926 | + | ||
927 | + | violation pursuant to section 7-152c, shall follow the procedures set 765 | |
928 | + | forth in this section. 766 | |
929 | + | Sec. 21. Subdivision (3) of section 13a-261 of the 2022 supplement to 767 | |
930 | + | the general statutes is repealed and the following is substituted in lieu 768 | |
931 | + | thereof (Effective July 1, 2022): 769 | |
932 | + | (3) "Owner" means a person in whose name a motor vehicle is 770 | |
933 | + | registered under the [provision] provisions of chapter 246 or law of 771 | |
934 | + | another jurisdiction. 772 | |
935 | + | Sec. 22. Subdivision (3) of subsection (a) of section 13a-264 of the 2022 773 | |
936 | + | supplement to the general statutes is repealed and the following is 774 | |
937 | + | substituted in lieu thereof (Effective July 1, 2022): 775 | |
938 | + | (3) A work zone speed control system operator shall complete and 776 | |
939 | + | sign a daily log for a work zone control system. Such daily log shall (A) 777 | |
940 | + | state the date, time and location of such system's set-up, (B) state that 778 | |
941 | + | the work zone speed control system operator successfully performed, 779 | |
942 | + | and the work zone speed control system passed, the testing specified by 780 | |
943 | + | the manufacturer of the work zone speed control system, (C) be kept on 781 | |
944 | + | file at the principle office of the operator, and (D) be admitted in any 782 | |
945 | + | court proceeding for an alleged violation of section 13a-263. 783 | |
946 | + | Sec. 23. Section 14-307a of the 2022 supplement to the general statutes 784 | |
947 | + | is repealed and the following is substituted in lieu thereof (Effective July 785 | |
948 | + | 1, 2022): 786 | |
949 | + | (a) The traffic authority of any town, city or borough may establish a 787 | |
950 | + | pedestrian safety zone on any street, highway and bridge or in any 788 | |
951 | + | parking area for ten cars or more or on any private road wholly within 789 | |
952 | + | the municipality under its jurisdiction without approval from the Office 790 | |
953 | + | of the State Traffic Administration, provided: (1) The municipality, by 791 | |
954 | + | vote of its legislative body, or in the case of a municipality in which the 792 | |
955 | + | legislative body is a town meeting, its board of selectmen, grants general 793 | |
956 | + | authority to the traffic authority to establish pedestrian safety zones 794 | |
957 | + | within the municipality. Such general authority is not required if such 795 Substitute Bill No. 5255 | |
958 | + | ||
959 | + | ||
960 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
961 | + | R02-HB.docx } | |
962 | + | 26 of 28 | |
963 | + | ||
964 | + | legislative body or board of selectmen is also the traffic authority; (2) the 796 | |
965 | + | traffic authority conducts an engineering study described in subsection 797 | |
966 | + | (b) of this section; (3) the posted speed limit for such zone is not less than 798 | |
967 | + | twenty miles per hour; (4) such zone encompasses a clearly defined 799 | |
968 | + | downtown district or community center frequented by pedestrians or is 800 | |
969 | + | adjacent to hospital property or, in the opinion of the traffic authority, 801 | |
970 | + | is sufficiently close to hospital property as to constitute a risk to the 802 | |
971 | + | public safety; and (5) the traffic authority satisfies the requirements of 803 | |
972 | + | subparagraphs (C) to (E), inclusive, of subdivision (2) of subsection (c) 804 | |
973 | + | of section 14-218a, as amended by this act, if applicable. 805 | |
974 | + | (b) Prior to establishing a pedestrian safety zone, the traffic authority 806 | |
975 | + | shall conduct an engineering study in accordance with the Federal 807 | |
976 | + | Highway Administration's Manual on Uniform Traffic Control Devices 808 | |
977 | + | for Streets and Highways, as amended from time to time, and other 809 | |
978 | + | generally accepted engineering principles and guidance. The study shall 810 | |
979 | + | be completed by a professional engineer licensed to practice in this state 811 | |
980 | + | and shall consider factors, including, but not limited to, pedestrian 812 | |
981 | + | activity, type of land use and development, parking and the record of 813 | |
982 | + | traffic crashes in the area under consideration to be a pedestrian safety 814 | |
983 | + | zone. If the study recommends the establishment of a pedestrian safety 815 | |
984 | + | zone, the study shall also include a speed management plan and 816 | |
985 | + | recommend actions to achieve lower motor vehicle speeds. 817 | |
986 | + | (c) In a municipality where the Office of the State Traffic 818 | |
987 | + | Administration approves speed limits on the streets, highways and 819 | |
988 | + | bridges or in any parking area for ten cars or more or on any private 820 | |
989 | + | road wholly within the municipality in accordance with section 14-218a, 821 | |
990 | + | as amended by this act, the traffic authority shall notify the office in 822 | |
991 | + | writing of the establishment of any pedestrian safety zone and confirm 823 | |
992 | + | that the requirements of this section have been satisfied. 824 | |
993 | + | (d) If the Commissioner of Transportation or a traffic authority of any 825 | |
994 | + | town, city or borough seeks to establish a pedestrian safety zone on a 826 | |
995 | + | state highway that passes through a downtown or community center, 827 | |
996 | + | the commissioner or traffic authority shall submit a written request to 828 Substitute Bill No. 5255 | |
997 | + | ||
998 | + | ||
999 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
1000 | + | R02-HB.docx } | |
1001 | + | 27 of 28 | |
1002 | + | ||
1003 | + | the Office of the State Traffic Administration and include with such 829 | |
1004 | + | request the engineering study and speed management plan conducted 830 | |
1005 | + | pursuant to subsection (b) of this section. The office shall be the sole 831 | |
1006 | + | authority for establishing a pedestrian safety zone on a state highway 832 | |
1007 | + | and shall provide a written explanation of the reasons for denying any 833 | |
1008 | + | such request. 834 | |
1009 | + | (e) The Office of the State Traffic Administration may adopt 835 | |
1010 | + | regulations, in accordance with the provisions of chapter 54, to 836 | |
1011 | + | implement the provisions of this section. 837 | |
1012 | + | This act shall take effect as follows and shall amend the following | |
1013 | + | sections: | |
1014 | + | ||
1015 | + | Section 1 October 1, 2022 New section | |
1016 | + | Sec. 2 July 1, 2022 54-1m(i) | |
1017 | + | Sec. 3 October 1, 2022 14-251 | |
1018 | + | Sec. 4 October 1, 2022 14-218a(b) | |
1019 | + | Sec. 5 October 1, 2022 14-219 | |
1020 | + | Sec. 6 July 1, 2022 13b-34 | |
1021 | + | Sec. 7 July 1, 2022 4a-60(c)(1) | |
1022 | + | Sec. 8 July 1, 2022 4a-81(b)(2) and (3) | |
1023 | + | Sec. 9 July 1, 2022 4-252(b) | |
1024 | + | Sec. 10 July 1, 2022 4-252a(d) | |
1025 | + | Sec. 11 July 1, 2022 13b-4d | |
1026 | + | Sec. 12 July 1, 2022 13b-26 | |
1027 | + | Sec. 13 July 1, 2022 14-270(d) | |
1028 | + | Sec. 14 July 1, 2022 54-33p(c) | |
1029 | + | Sec. 15 July 1, 2022 54-56e(b) and (c) | |
1030 | + | Sec. 16 July 1, 2022 14-227b(c) | |
1031 | + | Sec. 17 July 1, 2022 13a-73(b) and (c) | |
1032 | + | Sec. 18 July 1, 2022 14-240 | |
1033 | + | Sec. 19 July 1, 2022 13a-247 | |
1034 | + | Sec. 20 July 1, 2022 51-164n(b) | |
1035 | + | Sec. 21 July 1, 2022 13a-261(3) | |
1036 | + | Sec. 22 July 1, 2022 13a-264(a)(3) | |
1037 | + | Sec. 23 July 1, 2022 14-307a | |
1038 | + | ||
1039 | + | Substitute Bill No. 5255 | |
1040 | + | ||
1041 | + | ||
1042 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05255- | |
1043 | + | R02-HB.docx } | |
1044 | + | 28 of 28 | |
1045 | + | ||
1046 | + | TRA Joint Favorable Subst. | |
1047 | + | FIN Joint Favorable | |
993 | 1048 |