LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333-R01- SB.docx 1 of 13 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 Section 14-46e of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2022): 2 (a) The commissioner shall give due consideration to any 3 recommendations of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merely advisory 6 and not binding on the commissioner. 7 (b) The commissioner may authorize a person whose license is 8 withdrawn under sections 14-46a to 14-46g, inclusive, to operate a motor 9 vehicle on a limited basis provided the following conditions are met: (1) 10 The commissioner,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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 2 of 13 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 Subsection (b) of section 14-52 of the 2022 supplement to the 28 general statutes is repealed and the following is substituted in lieu 29 thereof (Effective July 1, 2022): 30 (b) (1) Except as provided in subsection (c) of this section, each 31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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 3 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 4 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 5 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 6 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 7 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 8 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 9 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 10 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 11 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 12 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00333- R01-SB.docx } 13 of 13 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.