Connecticut 2022 2022 Regular Session

Connecticut Senate Bill SB00333 Comm Sub / Bill

Filed 04/11/2022

                     
 
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General Assembly  Substitute Bill No. 333  
February Session, 2022 
 
 
 
 
 
AN ACT CONCERNING RECOMMENDATIONS BY THE DEPARTMENT 
OF MOTOR VEHICLES.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 14-46e of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective July 1, 2022): 2 
(a) The commissioner shall give due consideration to any 3 
recommendations of the board and to any reports, records or opinions 4 
submitted pursuant to sections 14-46a to 14-46g, inclusive, but such 5 
recommendations, reports, records or opinions shall be merely advisory 6 
and not binding on the commissioner. 7 
(b) The commissioner may authorize a person whose license is 8 
withdrawn under sections 14-46a to 14-46g, inclusive, to operate a motor 9 
vehicle on a limited basis provided the following conditions are met: (1) 10 
The commissioner, after [a hearing held in accordance with chapter 54] 11 
consultation with the board, determines that such person does not have 12 
a health problem that affects such person's ability to safely operate a 13 
motor vehicle and has ordered that such person submit to and pass a 14 
road skills test as a condition of license reinstatement; and (2) such 15 
operation occurs only while the person is under the instruction of and 16 
accompanied by a driving instructor licensed under section 14-73, as 17 
amended by this act, or is in a vehicle with a motor vehicle testing agent 18  Substitute Bill No. 333 
 
 
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who is administering a road skills test. Any person aggrieved by the 19 
decision of the commissioner to deny such person the operation of a 20 
motor vehicle on a limited basis shall be afforded an opportunity for a 21 
hearing in accordance with the provisions of chapter 54. 22 
(c) Any person who is the subject of any inquiry under sections 14-23 
46a to 14-46g, inclusive, who refuses to submit to a physical examination 24 
or provide other information requested by the commissioner or board 25 
shall be considered unfit to operate a motor vehicle until [he or she] such 26 
person complies with such request. 27 
Sec. 2. Subsection (b) of section 14-52 of the 2022 supplement to the 28 
general statutes is repealed and the following is substituted in lieu 29 
thereof (Effective July 1, 2022): 30 
(b) (1) Except as provided in subsection (c) of this section, each 31 
applicant for a repairer's [or a limited repairer's] license shall furnish a 32 
surety bond in the amount of [five] fifty thousand dollars. 33 
(2) Except as provided in subsection (c) of this section, each applicant 34 
for a limited repairer's license shall furnish a surety bond in the amount 35 
of ten thousand dollars. 36 
[(2)] (3) Except as provided in subsection (c) of this section, each 37 
applicant for a new car dealer's or a used car dealer's license shall 38 
furnish a surety bond in the amount of [fifty] sixty thousand dollars. 39 
[(3)] (4) Each applicant for a leasing or rental license issued pursuant 40 
to section 14-15, who is engaged in the leasing or renting of motor 41 
vehicles for periods of thirty days or more, shall furnish a surety bond 42 
in the amount of [ten] fifteen thousand dollars. 43 
[(4)] (5) Each such bond required under subdivisions (1) to [(3)] (4), 44 
inclusive, of this subsection shall be conditioned upon the applicant or 45 
licensee complying with the provisions of any state or federal law or 46 
regulation relating to the conduct of such business and provided as 47 
indemnity for any loss sustained by any customer by reason of any acts 48  Substitute Bill No. 333 
 
 
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of the licensee constituting grounds for suspension or revocation of the 49 
license or such licensee going out of business. Each surety bond shall be 50 
executed in the name of the state of Connecticut for the benefit of any 51 
aggrieved customer, but the penalty of the bond shall not be invoked 52 
except upon order of the commissioner after a hearing held before said 53 
commissioner in accordance with the provisions of chapter 54. For 54 
purposes of this subdivision, "customer" does not include (A) any 55 
person, firm or corporation that finances a licensed dealer's motor 56 
vehicle inventory, or (B) any licensed dealer, in such person's capacity 57 
as a dealer, who buys motor vehicles from or sells motor vehicles to 58 
another licensed dealer. 59 
[(5)] (6) The commissioner shall assess an administrative fee of two 60 
hundred dollars against any licensee for failing to provide proof of bond 61 
renewal or replacement on or before the date of the expiration of the 62 
existing bond. Such fee shall be in addition to the license suspension or 63 
revocation penalties and the civil penalties to which the licensee is 64 
subject pursuant to section 14-64. 65 
Sec. 3. Subsection (a) of section 14-52a of the 2022 supplement to the 66 
general statutes is repealed and the following is substituted in lieu 67 
thereof (Effective July 1, 2022): 68 
(a) The commissioner may, after notice and hearing, refuse to grant 69 
or renew a license to a person, firm or corporation to engage in the 70 
business of selling or repairing motor vehicles pursuant to the 71 
provisions of section 14-52, as amended by this act, if the applicant for, 72 
or holder of, such a license, or an officer or major stockholder, if the 73 
applicant or licensee is a firm or corporation, has been found liable in a 74 
civil action for odometer fraud or operating a dealer, repairer or motor 75 
vehicle recycler business without a license, convicted of a violation of 76 
any provision of laws pertaining to the business of a motor vehicle 77 
dealer or repairer, including a motor vehicle recycler, or convicted of 78 
any violation of any provision of laws involving fraud, larceny or 79 
deprivation or misappropriation of property, in the courts of the United 80 
States or any state. Each applicant for such a license shall be 81  Substitute Bill No. 333 
 
 
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fingerprinted and submit to state and national criminal history records 82 
checks, conducted in accordance with section 29-17a, [and based on the 83 
applicant's name and date of birth,] not more than thirty days before 84 
such application is made and provide the results of such records [check] 85 
checks to the Department of Motor Vehicles. The commissioner may 86 
require a person, firm or corporation to submit its application 87 
electronically. Upon renewal of such license, a licensee shall make full 88 
disclosure of any such civil judgment or conviction under penalty of 89 
false statement. 90 
Sec. 4. Section 14-69 of the 2022 supplement to the general statutes is 91 
repealed and the following is substituted in lieu thereof (Effective July 1, 92 
2022): 93 
(a) No person shall engage in the business of conducting a drivers' 94 
school without being licensed by the Commissioner of Motor Vehicles. 95 
An application for a license shall be in writing and shall contain such 96 
information as the commissioner requires. Each applicant for a license 97 
shall be fingerprinted before such application is approved. The 98 
commissioner shall subject each applicant for a license to state and 99 
national criminal history records checks conducted in accordance with 100 
section 29-17a, and a check of the state child abuse and neglect registry 101 
established pursuant to section 17a-101k. If any such applicant has a 102 
criminal record or is listed on the state child abuse and neglect registry, 103 
the commissioner shall make a determination of whether to issue a 104 
license to conduct a drivers' school in accordance with the standards and 105 
procedures set forth in section 14-44 and the regulations adopted 106 
pursuant to said section. If the application is approved, the applicant 107 
shall be granted a license upon the payment of a fee of seven hundred 108 
dollars and [a deposit with the commissioner of a bond of a] submission 109 
of a surety bond from a surety company authorized to do business in 110 
this state, conditioned [on] upon the faithful performance by the 111 
applicant of any contract to furnish instruction, [in either case] in such 112 
amount as the commissioner may require. [, such] Such surety bond [to] 113 
shall be held by the commissioner to satisfy any execution issued against 114  Substitute Bill No. 333 
 
 
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such school in a cause arising out of failure of such school to perform 115 
such contract. For each additional place of business of such school, the 116 
commissioner shall charge a fee of one hundred seventy-six dollars, 117 
except if the licensee opens an additional place of business with one year 118 
or less remaining on the term of its license, the commissioner shall 119 
charge a fee of eighty-eight dollars for each such additional place of 120 
business for the year, or any part thereof, remaining on the term of such 121 
license. No license or surety bond shall be required in the case of any 122 
board of education, or any public, private or parochial school, which 123 
conducts a course in driver education established in accordance with 124 
sections 14-36e and 14-36f. A license so issued shall be valid for two 125 
years. The commissioner shall issue a license certificate or certificates to 126 
each licensee, one of which shall be displayed in each place of business 127 
of the licensee. In case of the loss, mutilation or destruction of a license 128 
certificate, the commissioner shall issue a duplicate license certificate to 129 
the licensee upon proof of the facts and the payment of a fee of twenty 130 
dollars. 131 
(b) The biennial fee for the renewal of a license shall be seven hundred 132 
dollars and the biennial renewal fee for each additional place of business 133 
shall be one hundred seventy-six dollars, except if the licensee opens an 134 
additional place of business with one year or less remaining on the term 135 
of its license, the commissioner shall charge a fee of eighty-eight dollars 136 
for each such additional place of business for the year, or any part 137 
thereof, remaining on the term of such license. If the commissioner has 138 
not received a complete renewal application and all applicable renewal 139 
fees on or before the expiration date of an applicant's license, the 140 
commissioner shall charge such applicant, in addition to such renewal 141 
fees, a late fee of seven hundred dollars. Upon the expiration date of a 142 
license, the licensee shall cease to conduct business until such time as 143 
the licensee's application for renewal is approved by the commissioner. 144 
The commissioner shall not renew any license under this section that 145 
has expired for more than sixty days. 146 
(c) Any person who engages in the business of conducting a drivers' 147  Substitute Bill No. 333 
 
 
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school without being licensed in accordance with this section shall be 148 
guilty of a class B misdemeanor. 149 
Sec. 5. Section 14-73 of the 2022 supplement to the general statutes is 150 
repealed and the following is substituted in lieu thereof (Effective July 1, 151 
2022): 152 
(a) No person shall be employed by [any such school licensee] a 153 
drivers' school to give instruction in driving a motor vehicle unless such 154 
person is licensed to act as an instructor or master instructor by the 155 
commissioner. 156 
(b) Application for an instructor's license or a master instructor's 157 
license shall be in writing and shall contain such information as the 158 
commissioner requires. Each applicant for a license shall be 159 
fingerprinted and shall furnish evidence satisfactory to the 160 
commissioner that such applicant: (1) [is] Is of good moral character 161 
considering such person's state and national criminal history records 162 
checks conducted in accordance with section 29-17a, and record, if any, 163 
on the state child abuse and neglect registry established pursuant to 164 
section 17a-101k. If any applicant for a license or the renewal of a license 165 
has a criminal record or is listed on the state child abuse and neglect 166 
registry, the commissioner shall make a determination of whether to 167 
issue or renew an instructor's license or master instructor's license in 168 
accordance with the standards and procedures set forth in section 14-44 169 
and the regulations adopted pursuant to said section; (2) has held a 170 
license to drive a motor vehicle for the past [four] five consecutive years 171 
and has a driving record satisfactory to the commissioner, including no 172 
record of a conviction or administrative license suspension for a drug or 173 
alcohol-related offense during such [four-year] five-year period; (3) has 174 
[had a recent medical] passed a physical examination, administered not 175 
more than ninety days prior to the date of application, by a physician, 176 
physician assistant or an advanced practice registered nurse licensed to 177 
practice within the state and the physician, physician assistant or 178 
advanced practice registered nurse certifies that the applicant is 179 
physically fit to operate a motor vehicle and [instruct] provide 180  Substitute Bill No. 333 
 
 
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instruction in driving; (4) has received a high school diploma or has an 181 
equivalent academic education; and (5) has completed an instructor 182 
training course of forty-five clock hours given by a school or agency 183 
approved by the commissioner, except that any such course given by an 184 
institution under the jurisdiction of the board of trustees of the 185 
Connecticut State University System shall be approved by the 186 
commissioner and the State Board of Education. During the period of 187 
licensure, an instructor shall notify the commissioner, within forty-eight 188 
hours, of an arrest or conviction for a misdemeanor or felony, or an 189 
arrest, conviction or administrative license suspension for a drug or 190 
alcohol-related offense. Upon such notification, the commissioner may 191 
suspend, revoke or withdraw the instructor's license or master 192 
instructor's license pursuant to the provisions of section 14-79, as 193 
amended by this act. 194 
(c) The commissioner may deny the application of any person for an 195 
instructor's license or a master instructor's license if [he] the 196 
commissioner determines that the applicant has made a material false 197 
statement or concealed a material fact in connection with his or her 198 
application for the instructor's license or master instructor's license. 199 
(d) The commissioner shall conduct such written, oral and practical 200 
examinations, as [he] the commissioner deems necessary, to determine 201 
whether an applicant has sufficient skill in the operation of motor 202 
vehicles to ensure their safe operation, a satisfactory knowledge of the 203 
motor vehicle laws and the ability to impart such skill and knowledge 204 
to others. If the applicant successfully completes the examinations and 205 
meets all other requirements of this section, the commissioner shall issue 206 
an instructor's license or a master instructor's license, as the case may 207 
be, to such applicant. The license shall be valid for use only in 208 
connection with a drivers' school or schools licensed pursuant to section 209 
14-69, as amended by this act. If the applicant fails the examination, such 210 
applicant may apply for reexamination after five days. The license and 211 
the license renewal shall be valid for two years. 212 
(e) The licensee shall be reexamined periodically in accordance with 213  Substitute Bill No. 333 
 
 
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standards specified in regulations adopted under section 14-78. 214 
(f) The commissioner may establish, by regulations adopted in 215 
accordance with the provisions of chapter 54, standards and procedures 216 
for the training and licensing of master instructors who are qualified to 217 
train driving instructors. [The provisions of subsection (b) of this section 218 
and section 14-74 shall apply to master instructors.] 219 
(g) The fee for an instructor's license, or for any renewal thereof, shall 220 
be one hundred dollars. The fee for a master instructor's license, or for 221 
any renewal thereof, shall be two hundred dollars. If the commissioner 222 
has not received a complete renewal application and fee on or before the 223 
expiration date of an applicant's license, such applicant shall be charged, 224 
in addition to the renewal fee, a late fee in an amount equal to the fee 225 
for such applicant's license. The commissioner shall not renew an 226 
instructor's license or a master instructor's license that has expired for 227 
more than sixty days. 228 
(h) Any person who is not licensed in accordance with this section 229 
shall be guilty of a class B misdemeanor if such person: (1) Engages in 230 
the business of providing, for compensation, instruction in driving a 231 
motor vehicle; or (2) is employed by a drivers' school to give instruction 232 
in driving a motor vehicle. 233 
Sec. 6. Section 14-74 of the general statutes is repealed and the 234 
following is substituted in lieu thereof (Effective July 1, 2022): 235 
The commissioner may suspend, revoke or refuse to renew any 236 
instructor's license or master instructor's license if: (1) The licensee has 237 
made a material false statement or concealed a material fact in 238 
connection with [his] the licensee's application for the license or any 239 
renewal thereof; (2) the licensee has failed to comply with any of the 240 
provisions of this part or any of the regulations adopted by the 241 
commissioner, in accordance with the provisions of chapter 54, 242 
pursuant to this part; or (3) the licensee has been guilty of fraud or 243 
fraudulent practices in relation to securing for [himself] the licensee or 244  Substitute Bill No. 333 
 
 
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another person a license to drive a motor vehicle. 245 
Sec. 7. Section 14-79 of the general statutes is repealed and the 246 
following is substituted in lieu thereof (Effective July 1, 2022): 247 
[The] (a) Except as provided in subsection (b) of this section, the 248 
Commissioner of Motor Vehicles may, after notice and opportunity for 249 
a hearing, in accordance with the provisions of chapter 54, suspend, [or] 250 
revoke or withdraw the license or licenses of any licensee or impose a 251 
civil penalty of not more than one thousand dollars for each violation 252 
on any person or firm that violates any provision of this part. In addition 253 
to, or in lieu of, the imposition of any penalty authorized by this section, 254 
the commissioner may order any such licensee to make restitution to 255 
any aggrieved customer. 256 
(b) If the commissioner determines that an imminent threat to public 257 
safety or welfare exists by reason of a licensee's continued possession of 258 
an instructor's license or a master instructor's license, the commissioner 259 
shall suspend, revoke or withdraw such license and schedule a hearing, 260 
in accordance with the provisions of chapter 54, not later than twenty 261 
days after the date of such suspension, revocation or withdrawal. 262 
Sec. 8. Subsection (h) of section 14-227b of the 2022 supplement to the 263 
general statutes, as amended by section 118 of public act 21-1 of the June 264 
special session, is repealed and the following is substituted in lieu 265 
thereof (Effective July 1, 2022): 266 
(h) If, after a hearing under subdivision (2) of subsection (g) of this 267 
section, the commissioner finds in the negative on any one of the issues 268 
specified in subparagraph (A), (B), (C) or (D) of said subdivision, the 269 
commissioner shall reinstate such license or operating privilege. If, after 270 
a hearing under subdivision (3) of subsection (g) of this section, the 271 
commissioner finds in the negative on any one of the issues specified in 272 
subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner 273 
shall reinstate such license or operating privilege. If, after such hearing 274 
under subdivision (2) or (3) of subsection (g) of this section, the 275  Substitute Bill No. 333 
 
 
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commissioner does not find on any one of said issues in the negative or 276 
if such person fails to appear at such hearing, the commissioner shall 277 
affirm the suspension contained in the suspension notice for the 278 
appropriate period specified in subsection (i) of this section. The 279 
commissioner shall render a decision at the conclusion of such hearing 280 
and send a notice of the decision by bulk certified mail or by personal 281 
delivery, as defined in section 4-166, to such person. The notice of such 282 
decision sent by bulk certified mail or by personal delivery to the 283 
address of such person as shown by the records of the commissioner 284 
shall be sufficient notice to such person that such person's operator's 285 
license or operating privilege is reinstated or suspended, as the case may 286 
be. A notice of the decision shall only be transmitted by personal 287 
delivery if the operator has consented, in writing, to such personal 288 
delivery. 289 
Sec. 9. Section 14-270c of the general statutes is repealed and the 290 
following is substituted in lieu thereof (Effective July 1, 2022): 291 
(a) The Commissioner of Motor Vehicles [shall] may, in the 292 
commissioner's discretion, staff [,] and [shall] coordinate the coverage 293 
and hours of operation of [,] the official weighing areas as follows: 294 
(1) Greenwich: Eight work shifts in each seven-day period from 295 
Sunday through Saturday. No such shifts shall be worked 296 
consecutively, except that two shifts may be worked consecutively on 297 
not more than three days; 298 
(2) Danbury: The Department of Motor Vehicles [shall] may staff six 299 
work shifts in each seven-day period from Sunday through Saturday. 300 
The Commissioner of Motor Vehicles [shall, whenever possible,] may 301 
coordinate coverage between this official weighing area and the official 302 
weighing area in Greenwich in order to ensure concurrent coverage; 303 
(3) Union: Between five and eight work shifts in each seven-day 304 
period from Sunday through Saturday; and 305 
(4) Portable scale locations: The Commissioner of Emergency Services 306  Substitute Bill No. 333 
 
 
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and Public Protection shall assign troopers to work ten shifts in each 307 
seven-day period from Sunday through Saturday to conduct 308 
commercial motor vehicle enforcement throughout the four 309 
geographical areas established by the Commissioner of Motor Vehicles 310 
with concentration in areas that have fewer hours of operation for the 311 
permanent weighing areas. 312 
(b) The Commissioner of Motor Vehicles [shall] may adjust the work 313 
shifts [required] set forth in subsection (a) of this section on a daily basis 314 
in order to effectuate an unpredictable schedule. 315 
(c) The Commissioner of Motor Vehicles may assign personnel to the 316 
permanent weighing areas in Waterford and Middletown or to the 317 
portable scale operations. 318 
(d) The Commissioner of Emergency Services and Public Protection, 319 
in consultation with the Commissioner of Motor Vehicles, shall assign 320 
one trooper to each weighing area working shift in each seven-day 321 
period from Sunday through Saturday to enforce laws relative to the 322 
safe movement of all vehicles on the highways of the state. 323 
(e) In addition to the weighing area commercial motor vehicle 324 
enforcement activities, the Department of Emergency Services and 325 
Public Protection shall perform roaming commercial motor vehicle 326 
enforcement on the highways of the state and such work shall be 327 
assigned to troopers trained in commercial motor vehicle enforcement. 328 
Sec. 10. Section 14-282 of the general statutes is repealed and the 329 
following is substituted in lieu thereof (Effective July 1, 2022): 330 
(a) Any person who is the owner or becomes the owner of a motor 331 
vehicle formerly used as a school bus who discontinues the use of such 332 
vehicle for the transportation of school children as stated in sections 14-333 
275 and 14-280 shall cause the same to be painted another color, readily 334 
distinguishable from "National School Bus Chrome". [On and after July 335 
1, 1990, each such motor vehicle ten years old or older shall be presented 336 
for inspection every two years at any Department of Motor Vehicles 337  Substitute Bill No. 333 
 
 
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office.] 338 
(b) Violation of any provision of this section shall be an infraction. 339 
Sec. 11. Subsection (a) of section 14-227b of the 2022 supplement to 340 
the general statutes, as amended by section 118 of public act 21-1 of the 341 
June special session, is repealed and the following is substituted in lieu 342 
thereof (Effective July 1, 2022): 343 
(a) Any person who operates a motor vehicle in this state shall be 344 
deemed to have given such person's consent to: (1) A chemical test of 345 
such person's blood, breath or urine; and (2) a nontestimonial portion of 346 
a drug influence evaluation conducted by a drug recognition expert. If 347 
such person is a minor, such person's parent or parents or guardian shall 348 
also be deemed to have given their consent for such test or evaluation. 349 
As used in this section, "motor vehicle" includes a snowmobile and all-350 
terrain vehicle, as such terms are defined in section 14-379. 351 
Sec. 12. (NEW) (Effective October 1, 2022) Any appointment for the on-352 
the-road skills test portion of the examination for a motor vehicle 353 
operator's license administered by a motor vehicle inspector agent or an 354 
agent of the Commissioner of Motor Vehicles at a drivers' school, 355 
licensed in accordance with the provisions of section 14-69 of the general 356 
statutes, as amended by this act, shall be made available to all students 357 
of such school who are otherwise eligible to take such test. 358 
Sec. 13. (Effective from passage) The Commissioner of Motor Vehicles 359 
shall develop a plan to increase the frequency of the on-the-road skills 360 
test portion of the examination for a motor vehicle operator's license 361 
offered or conducted by the Department of Motor Vehicles. The 362 
commissioner shall consider the feasibility of partnering with other 363 
public entities or independent contractors to conduct or offer such 364 
examination. Not later than January 1, 2023, the commissioner shall 365 
submit such plan, in accordance with the provisions of section 11-4a of 366 
the general statutes, to the joint standing committee of the General 367 
Assembly having cognizance of matters relating to transportation. 368  Substitute Bill No. 333 
 
 
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This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2022 14-46e 
Sec. 2 July 1, 2022 14-52(b) 
Sec. 3 July 1, 2022 14-52a(a) 
Sec. 4 July 1, 2022 14-69 
Sec. 5 July 1, 2022 14-73 
Sec. 6 July 1, 2022 14-74 
Sec. 7 July 1, 2022 14-79 
Sec. 8 July 1, 2022 14-227b(h) 
Sec. 9 July 1, 2022 14-270c 
Sec. 10 July 1, 2022 14-282 
Sec. 11 July 1, 2022 14-227b(a) 
Sec. 12 October 1, 2022 New section 
Sec. 13 from passage New section 
 
Statement of Legislative Commissioners:   
In Section 9(b), "required" was changed to "[required] set forth" for 
consistency with the changes made in Section 9(a). 
 
TRA Joint Favorable Subst.