Connecticut 2022 Regular Session

Connecticut Senate Bill SB00391 Latest Draft

Bill / Comm Sub Version Filed 04/11/2022

                             
 
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the general statutes is repealed and the following is substituted in lieu 2 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general statutes is repealed and the following is substituted in lieu 7 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general statutes is repealed and the following is substituted in lieu 17 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