LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00391-R01- SB.docx 1 of 9 General Assembly Substitute Bill No. 391 February Session, 2022 AN ACT CONCERNING THE RECOMMENDATIONS OF THE LEGISLATIVE COMMISSIONERS' OFFICE REGARDING MINOR AND TECHNICAL REVISIONS TO THE TRANSPORTATION AND MOTOR VEHICLE STATUTES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subdivision (38) of section 14-1 of the 2022 supplement to 1 the general statutes is repealed and the following is substituted in lieu 2 thereof (Effective July 1, 2022): 3 (38) [Foreign jurisdiction"] "Foreign jurisdiction" means any 4 jurisdiction other than a state of the United States; 5 Sec. 2. Subsection (d) of section 4-256 of the 2022 supplement to the 6 general statutes is repealed and the following is substituted in lieu 7 thereof (Effective July 1, 2022): 8 (d) If the department submits a project in accordance with subsection 9 (a) of this section, the department shall at the same time transmit, in 10 accordance with the provisions of section 11-4a, a copy of its submission 11 to the joint standing committees of the General Assembly having 12 cognizance of matters relating to finance, revenue and bonding, [and] 13 appropriations and the budgets of state agencies and transportation. 14 Said committees shall hold public hearings on any such submission. 15 Sec. 3. Subsection (a) of section 4-257 of the 2022 supplement to the 16 Substitute Bill No. 391 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00391- R01-SB.docx } 2 of 9 general statutes is repealed and the following is substituted in lieu 17 thereof (Effective July 1, 2022): 18 (a) Notwithstanding the provisions of section 4b-91 and chapter 242, 19 the department shall, when it determines appropriate, provide for a 20 process of prequalification for private entities seeking to enter into a 21 public-private partnership. Any such process shall include public notice 22 of the prequalification process and the requirements and the criteria the 23 department will use in determining whether the private entity qualifies 24 for prequalification. If the department has determined that such a 25 prequalification process is appropriate for the project, the department 26 shall allow only prequalified private entities to be a proposer. The 27 department may charge a reasonable application fee for 28 prequalification. 29 Sec. 4. Subsection (a) of section 4-258 of the 2022 supplement to the 30 general statutes is repealed and the following is substituted in lieu 31 thereof (Effective July 1, 2022): 32 (a) The department shall conduct a competitive procurement process 33 for the selection of a contractor prior to entering into a public-private 34 partnership. The department shall use, where appropriate, in 35 accordance with the nature and scope of the project, (1) competitive 36 bidding, as defined in section 4e-1, or (2) competitive negotiation, as 37 defined in section 4a-50. 38 Sec. 5. Subsection (b) of section 4-264 of the 2022 supplement to the 39 general statutes is repealed and the following is substituted in lieu 40 thereof (Effective July 1, 2022): 41 (b) For any public-private partnership, the Commissioner of 42 Transportation shall make best efforts to perform development and 43 inspection services using, where such employees are available, 44 department employees and reducing, and where possible eliminating, 45 the dependency on consultants. Any contract the department enters into 46 with a consultant to perform development and inspection services with 47 Substitute Bill No. 391 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00391- R01-SB.docx } 3 of 9 regards to a public-private partnership shall contain a provision that 48 provides for training department employees in the process for bidding 49 and managing public-private partnerships. Employees may be 50 appointed to durational positions to reduce the need for development 51 and inspection services to be performed by consultants. Such employees 52 may be appointed as engineers to durational positions without 53 examination provided such employees have met the education, 54 knowledge and training requirements required by the job classification 55 by the Department of Administrative Services. [job classification.] 56 Sec. 6. Subsection (a) of section 14-390 of the 2022 supplement to the 57 general statutes is repealed and the following is substituted in lieu 58 thereof (Effective July 1, 2022): 59 (a) Any municipality may, by ordinance, regulate the operation and 60 use, including hours and zones of use, of snowmobiles and all-terrain 61 vehicles in a manner not inconsistent with the provisions of this section 62 and sections 14-379 to 14-389, inclusive, or any regulations adopted 63 pursuant thereto, and may (1) prescribe a penalty for violation of such 64 ordinance [(1)] in an amount not to exceed one thousand dollars for a 65 first violation, in an amount not to exceed one thousand five hundred 66 dollars for a second violation, and in an amount not to exceed two 67 thousand dollars for a third or subsequent violation, and (2) [to] provide 68 for the seizure and forfeiture to the municipality of such all-terrain 69 vehicle for a violation of such ordinance, subject to any bona fide lien, 70 lease or security interest in the all-terrain vehicle, including, but not 71 limited to, a lien under section 14-66c. 72 Sec. 7. Subdivision (3) of subsection (c) of section 14-275 of the 2022 73 supplement to the general statutes is repealed and the following is 74 substituted in lieu thereof (Effective July 1, 2022): 75 (3) Each school bus shall be equipped with emergency lighting 76 equipment as provided by section 14-97a, with a defrosting device as 77 provided by section 14-97, with a system of mirrors as provided in the 78 Code of Federal Regulations Title 49, Section 571.111, as amended from 79 Substitute Bill No. 391 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00391- R01-SB.docx } 4 of 9 time to time, or with an outside mirror as provided by section 14-99, and 80 a system of crossover mirrors designed and mounted so as to give the 81 driver a view of the road from the front bumper forward to a point 82 where direct observation is possible and along the left and right sides of 83 the bus, with a signalling device as provided by section 14-101, and with 84 chain nonskid devices for immediate use on at least one outside or 85 inside rear tire on each side or tires designed to prevent skidding on all 86 rear wheels when weather and highway conditions require such use. 87 Sec. 8. Subsection (a) of section 14-300i of the 2022 supplement to the 88 general statutes is repealed and the following is substituted in lieu 89 thereof (Effective July 1, 2022): 90 (a) As used in subsection (b) of this section, (1) "vulnerable user" 91 means: (A) A pedestrian; (B) a highway worker; (C) a person riding or 92 driving an animal; (D) a person riding a bicycle, an electric bicycle or an 93 electric foot scooter; (E) a person using a skateboard, roller skates or in-94 line skates; (F) a person operating or riding on an agricultural tractor; 95 (G) a person using a wheelchair or motorized chair; (H) a person who is 96 blind and such person's service animal; and (I) a person operating (i) a 97 commercial motor vehicle equipped with a garbage compactor, a 98 detachable container or a curbside recycling body, (ii) a tank vehicle, (iii) 99 a vehicle authorized by the United States government to carry mail, or 100 (iv) a vehicle [operated] authorized by an express delivery carrier 101 service, (2) "public way" includes any state or other public highway, 102 road, street, avenue, alley, driveway, parkway or place, under the 103 control of the state or any political subdivision of the state, dedicated, 104 appropriated or opened to public travel or other use, (3) "substantial 105 bodily harm" means bodily injury that involves a temporary but 106 substantial disfigurement, causes a temporary but substantial loss or 107 impairment of the function of any bodily part or organ, or causes a 108 fracture of any bodily part, and (4) "serious physical injury" has the same 109 meaning as provided in section 53a-3. 110 Sec. 9. Section 14-283e of the 2022 supplement to the general statutes 111 is repealed and the following is substituted in lieu thereof (Effective 112 Substitute Bill No. 391 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00391- R01-SB.docx } 5 of 9 October 1, 2022): 113 (a) On and after May 1, 2022, each frozen dessert truck shall be 114 equipped in the following manner: 115 (1) Signal lamps mounted at the same level and as high and as widely 116 spaced laterally as practicable. The signal lamps shall be not less than 117 five and not more than seven inches in diameter and shall display two 118 alternately flashing red signal lights visible at a distance of not less than 119 five hundred feet to the front and rear in normal sunlight upon a straight 120 level highway. 121 (2) A stop signal arm that can be extended horizontally from the left 122 side of the frozen dessert truck. When such arm is extended, the side of 123 such arm nearest the truck shall be seven and one-quarter inches long 124 and parallel to the side of the truck. The side farthest from the truck shall 125 be eighteen inches long and parallel to the side nearest the truck. The 126 two sides shall be eighteen inches apart creating a symmetrical, 127 trapezoidal shape. Two alternately flashing red lights shall be located in 128 the outside corners of the extended signal arm and such corners shall be 129 rounded to conform with the shape of the lights. Each red light shall be 130 not less than three and not more than five inches in diameter and visible 131 at a distance of not less than three hundred feet to the front and rear in 132 normal sunlight upon a straight level highway. Both sides of the signal 133 arm shall have a red reflectorized background and the following legend: 134 The word "STOP" shall appear in six-inch-high white letters not to 135 exceed four inches in length in the middle of the signal arm; above the 136 word "STOP", the phrase "IF SAFE" shall appear in two-inch-high white 137 letters not to exceed one and three-fourths inches in length; below the 138 word "STOP", the phrase "THEN GO" shall appear in two-inch-high 139 white letters not to exceed one and three-fourths inches in length. The 140 colors of the background and legend shall conform to the requirements 141 set forth in the Manual on Uniform Traffic Control Devices for Streets 142 and Highways published by the Federal Highway Administration, as 143 amended from time to time. The bottom of the extended signal arm shall 144 be approximately forty-two inches above the street. 145 Substitute Bill No. 391 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00391- R01-SB.docx } 6 of 9 (3) A convex mirror mounted on the front of the frozen dessert truck 146 so the operator in a normal seating position is capable of seeing the area 147 in front of the truck that is obscured by the hood. 148 (4) A front crossing arm attached to the front bumper of the frozen 149 dessert truck hinged from the truck's right side. The bottom of the front 150 crossing arm shall be not less than sixteen and not more than twenty 151 inches above the street. The front crossing arm shall be made of any 152 durable material covered with a yellow or white reflective material and 153 shall extend in conjunction with the stop signal arm described in 154 subdivision (2) of this subsection. When extended outward in front of 155 the truck, the front crossing arm shall extend not less than four and not 156 more than six feet parallel to the ground. When retracted against the 157 front of the truck, the front crossing arm shall not extend past the width 158 of the truck on the operator's left side. 159 (b) Any person who operates a frozen dessert truck without 160 equipping such truck as required by subsection (a) of this section shall, 161 for a first offense, be deemed to have committed an infraction, and for a 162 subsequent offense, shall be fined not less than one hundred dollars and 163 not more than five hundred dollars. 164 [(c) On and after September 1, 2021, and until April 30, 2022, a person 165 operating a frozen dessert truck shall not stop or park the truck to vend 166 to a child in any location where the child would be required to cross the 167 highway to approach the frozen dessert truck. The provisions of this 168 subsection shall not apply if (1) a child is physically escorted by an adult, 169 or (2) a frozen dessert truck is equipped as required by subsection (a) of 170 this section. Any person who operates a frozen dessert truck in violation 171 of the provisions of this subsection shall have committed an infraction.] 172 Sec. 10. Section 14-283h of the 2022 supplement to the general statutes 173 is repealed and the following is substituted in lieu thereof (Effective July 174 1, 2022): 175 Not later than July 1, 2021, the Commissioner of Motor Vehicles shall 176 Substitute Bill No. 391 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00391- R01-SB.docx } 7 of 9 publish on the Internet web site of the Department of Motor Vehicles 177 information concerning (1) the equipment required of a frozen dessert 178 truck pursuant to subsection (a) of section 14-283e, as amended by this 179 act, and (2) the operation of and vending from a frozen dessert truck as 180 specified in [subsection (c) of section 14-283e and] sections 14-283f and 181 14-283g. 182 Sec. 11. Subsection (a) of section 21a-51 of the 2022 supplement to the 183 general statutes is repealed and the following is substituted in lieu 184 thereof (Effective July 1, 2022): 185 (a) Each manufacturer of frozen desserts and frozen dessert mix for 186 sale [in this state] shall file with the Commissioner of Consumer 187 Protection an application for a license, upon a form prescribed by the 188 commissioner. The application shall show the location of each plant at 189 which frozen desserts and frozen dessert mix are to be manufactured 190 and the name of the brand or brands, if any, under which the same are 191 to be sold. The license period shall be for twelve months. 192 Sec. 12. Subsection (a) of section 13a-124a of the 2022 supplement to 193 the general statutes is repealed and the following is substituted in lieu 194 thereof (Effective July 1, 2022): 195 (a) As used in this section, ["a specific service sign"] "specific service 196 sign" means a rectangular sign with the word GAS, FOOD, LODGING, 197 CAMPING or ATTRACTION and exit directional information 198 pertaining to the designated motorist service placed on the sign and 199 upon which is mounted separately attached business sign panels 200 showing the brand, symbol, trademark or name, or any combination of 201 these, for the designated service available on a crossroad at or near an 202 interchange or intersection. 203 Sec. 13. Subsections (b) to (d), inclusive, of section 14-20d of the 2022 204 supplement to the general statutes are repealed and the following is 205 substituted in lieu thereof (Effective July 1, 2022): 206 (b) The Commissioner of Motor Vehicles shall, at the request of any 207 Substitute Bill No. 391 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00391- R01-SB.docx } 8 of 9 veteran or member of the armed forces who received a campaign medal, 208 issue special registration [marker] number plates to indicate service 209 during a period of war. Such plates shall bear the words "(Name of War) 210 Veteran" and shall be designed in consultation with the Commissioner 211 of Veteran Affairs. The plates shall expire and be renewed as provided 212 in section 14-22. The Commissioner of Motor Vehicles shall charge a fee 213 for such plates, which fee shall cover the entire cost of making such 214 plates and shall be in addition to the fee for registration of such motor 215 vehicle. No use shall be made of such plates except as official 216 registration [marker] number plates. 217 (c) A request made under subsection (b) of this section shall be 218 accompanied by proof from the Department of Veterans Affairs that the 219 person making a specific request served in the armed forces during such 220 period of war. 221 (d) The surviving spouse of a veteran or member of the armed forces 222 issued special registration [marker] number plates under subsection (b) 223 of this section may retain any such plates for his or her lifetime or until 224 such time as he or she remarries. 225 Sec. 14. Subsection (e) of section 13a-267 of the 2022 supplement to 226 the general statutes is repealed and the following is substituted in lieu 227 thereof (Effective July 1, 2022): 228 (e) Personally identifiable [customer] information shall not be 229 deemed a public record, for purposes of the Freedom of Information 230 Act, as defined in section 1-200. 231 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2022 14-1(38) Sec. 2 July 1, 2022 4-256(d) Sec. 3 July 1, 2022 4-257(a) Sec. 4 July 1, 2022 4-258(a) Sec. 5 July 1, 2022 4-264(b) Substitute Bill No. 391 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00391- R01-SB.docx } 9 of 9 Sec. 6 July 1, 2022 14-390(a) Sec. 7 July 1, 2022 14-275(c)(3) Sec. 8 July 1, 2022 14-300i(a) Sec. 9 October 1, 2022 14-283e Sec. 10 July 1, 2022 14-283h Sec. 11 July 1, 2022 21a-51(a) Sec. 12 July 1, 2022 13a-124a(a) Sec. 13 July 1, 2022 14-20d(b) to (d) Sec. 14 July 1, 2022 13a-267(e) Statement of Legislative Commissioners: In Section 7, "from time to time" was inserted for consistency with standard drafting conventions; and in Section 8(a)(1)(I)(iv), "service" was added for clarity. TRA Joint Favorable Subst. -LCO