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General Assembly Raised Bill No. 1082
January Session, 2023
LCO No. 4683
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
DEPARTMENT OF TRANSPORTATION REGARDING A REDUCTION
IN BLOOD ALCOHOL LIMITS FOR IMPAIRED DRIVING AND
BOATING, ESTABLISHING THE CONNECTICUT PUBLIC
TRANSPORTATION COUNCIL, THE SHORE LINE EAST STUDY AND
MOTOR VEHICLES IN LIVERY SERVICE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 14-227a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective January 2
2, 2024): 3
(a) No person shall operate a motor vehicle while under the influence 4
of intoxicating liquor or any drug or both. A person commits the offense 5
of operating a motor vehicle while under the influence of intoxicating 6
liquor or any drug or both if such person operates a motor vehicle (1) 7
while under the influence of intoxicating liquor or any drug or both, or 8
(2) while such person has an elevated blood alcohol content. For the 9
purposes of this section, "elevated blood alcohol content" means a ratio 10
of alcohol in the blood of such person that is [eight-hundredths] five-11
hundredths of one per cent or more of alcohol, by weight, except that if 12 Raised Bill No. 1082
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such person is operating a commercial motor vehicle, "elevated blood 13
alcohol content" means a ratio of alcohol in the blood of such person that 14
is four-hundredths of one per cent or more of alcohol, by weight, and 15
"motor vehicle" includes a snowmobile and all-terrain vehicle, as those 16
terms are defined in section 14-379. For purposes of this section, section 17
14-227b, as amended by this act, and section 14-227c, (A) "advanced 18
roadside impaired driving enforcement" means a program developed 19
by the National Highway Traffic Safety Administration with the 20
International Association of Chiefs of Police and the Technical Advisory 21
Panel, which focuses on impaired driving enforcement education for 22
police officers, or any successor to such program; (B) "drug influence 23
evaluation" means an evaluation developed by the National Highway 24
Traffic Safety Administration and the International Association of 25
Chiefs of Police that is conducted by a drug recognition expert to 26
determine the level of a person's impairment from the use of drugs and 27
the drug category causing such impairment; (C) "drug recognition 28
expert" means a person certified by the International Association of 29
Chiefs of Police as having met all requirements of the International Drug 30
Evaluation and Classification Program; and (D) "nontestimonial portion 31
of a drug influence evaluation" means a drug influence evaluation 32
conducted by a drug recognition expert that does not include a verbal 33
interview with the subject. 34
Sec. 2. Subsection (n) of section 14-227b of the general statutes is 35
repealed and the following is substituted in lieu thereof (Effective January 36
2, 2024): 37
(n) For the purposes of this section, "elevated blood alcohol content" 38
means (1) a ratio of alcohol in the blood of such person that is [eight-39
hundredths] five-hundredths of one per cent or more of alcohol, by 40
weight, (2) if such person is operating a commercial motor vehicle, a 41
ratio of alcohol in the blood of such person that is four-hundredths of 42
one per cent or more of alcohol, by weight, or (3) if such person is less 43
than twenty-one years of age, a ratio of alcohol in the blood of such 44
person that is two-hundredths of one per cent or more of alcohol, by 45
weight. 46 Raised Bill No. 1082
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Sec. 3. Subsection (a) of section 14-227m of the general statutes is 47
repealed and the following is substituted in lieu thereof (Effective January 48
2, 2024): 49
(a) No person shall operate a motor vehicle in which a child under 50
eighteen years of age is a passenger while such person (1) is under the 51
influence of intoxicating liquor or any drug or both, or (2) has an 52
elevated blood alcohol content. For the purposes of this section, 53
"elevated blood alcohol content" means a ratio of alcohol in the blood of 54
such person that is [eight-hundredths] five-hundredths of one per cent 55
or more of alcohol, by weight, except that if such person is operating a 56
commercial motor vehicle, "elevated blood alcohol content" means a 57
ratio of alcohol in the blood of such person that is four-hundredths of 58
one per cent or more of alcohol, by weight, and if such person is under 59
twenty-one years of age, "elevated blood alcohol content" means a ratio 60
of alcohol in the blood of such person that is two-hundredths of one per 61
cent or more of alcohol by weight; and "motor vehicle" includes a 62
snowmobile and all-terrain vehicle, as those terms are defined in section 63
14-379. 64
Sec. 4. Subsection (a) of section 14-227n of the general statutes is 65
repealed and the following is substituted in lieu thereof (Effective January 66
2, 2024): 67
(a) (1) No person shall operate a school bus, student transportation 68
vehicle or other motor vehicle specially designated for carrying children 69
while such person (A) is under the influence of intoxicating liquor or 70
any drug or both, or (B) has an elevated blood alcohol content. 71
(2) No person shall operate a school bus, student transportation 72
vehicle or other motor vehicle specially designated for carrying children 73
in which a child under eighteen years of age is a passenger while such 74
person (A) is under the influence of intoxicating liquor or any drug or 75
both, or (B) has an elevated blood alcohol content. 76
(3) For the purposes of this section, "motor vehicle specially 77
designated for carrying children" means any motor vehicle, except for a 78 Raised Bill No. 1082
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registered school bus or student transportation vehicle as defined in 79
section 14-212, that is designated or used by a person, firm or 80
corporation for the transportation of children to or from any program or 81
activity organized primarily for persons under the age of eighteen years, 82
with or without charge to the individual being transported, but does not 83
include a passenger motor vehicle normally used for personal, family or 84
household purposes that is operated by a person without a public 85
passenger endorsement; and "elevated blood alcohol content" means a 86
ratio of alcohol in the blood of such person that is [eight-hundredths] 87
five-hundredths of one per cent or more of alcohol, by weight, except 88
that if such person is operating a commercial motor vehicle, "elevated 89
blood alcohol content" means a ratio of alcohol in the blood of such 90
person that is four-hundredths of one per cent or more of alcohol, by 91
weight, and if such person is under twenty-one years of age, "elevated 92
blood alcohol content" means a ratio of alcohol in the blood of such 93
person that is two-hundredths of one per cent or more of alcohol, by 94
weight. 95
Sec. 5. Subsection (d) of section 15-133 of the general statutes is 96
repealed and the following is substituted in lieu thereof (Effective January 97
2, 2024): 98
(d) No person shall operate a vessel: (1) While under the influence of 99
intoxicating liquor or any drug, or both, or (2) while such person has an 100
elevated blood alcohol content. For the purposes of this section and 101
sections 15-140l and 15-140n, "elevated blood alcohol content" means: 102
(A) A ratio of alcohol in the blood of such person that is [eight-103
hundredths] five-hundredths of one per cent or more of alcohol, by 104
weight, or (B) if such person is under twenty-one years of age, a ratio of 105
alcohol in the blood of such person that is two-hundredths of one per 106
cent or more of alcohol, by weight. For the purposes of this section and 107
sections 15-132a, 15-140l, 15-140n, 15-140o and 15-140q, as amended by 108
this act, "operate" means that the vessel is underway or aground and not 109
moored, anchored or docked. 110
Sec. 6. Subdivision (4) of subsection (g) of section 15-140q of the 111 Raised Bill No. 1082
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general statutes is repealed and the following is substituted in lieu 112
thereof (Effective January 2, 2024): 113
(4) At a hearing held under this subsection, the results of the test, if 114
administered, shall be sufficient to indicate the ratio of alcohol in the 115
blood of such person at the time of operation, except that if the results 116
of an additional test, administered pursuant to section 15-140r, indicate 117
that the ratio of alcohol in the blood of such person is [eight-hundredths] 118
five-hundredths of one per cent or less of alcohol, by weight, and is 119
higher than the results of the first test, evidence shall be presented that 120
demonstrates that the test results and analysis thereof accurately 121
indicate the blood alcohol content at the time of operation. The fees of 122
any witness summoned to appear at a hearing under this subsection 123
shall be the same as provided in section 52-260. 124
Sec. 7. Subsection (n) of section 15-140q of the general statutes is 125
repealed and the following is substituted in lieu thereof (Effective January 126
2, 2024): 127
(n) For the purposes of this section, "elevated blood alcohol content" 128
means: (1) A ratio of alcohol in the blood of such person that is [eight-129
hundredths] five-hundredths of one per cent or more of alcohol, by 130
weight, or (2) if such person is under twenty-one years of age, a ratio of 131
alcohol in the blood of such person that is two-hundredths of one per 132
cent or more of alcohol, by weight. 133
Sec. 8. Section 38a-498c of the general statutes is repealed and the 134
following is substituted in lieu thereof (Effective January 2, 2024): 135
No individual health insurance policy providing coverage of the type 136
specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 137
delivered, issued for delivery, amended, renewed or continued in this 138
state shall deny coverage for health care services rendered to treat any 139
injury sustained by any person when such injury is alleged to have 140
occurred or occurs under circumstances in which (1) such person has an 141
elevated blood alcohol content, or (2) such person has sustained such 142
injury while under the influence of intoxicating liquor or any drug or 143 Raised Bill No. 1082
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both. For the purposes of this section, "elevated blood alcohol content" 144
means a ratio of alcohol in the blood of such person that is [eight-145
hundredths] five-hundredths of one per cent or more of alcohol, by 146
weight. 147
Sec. 9. Section 38a-525c of the general statutes is repealed and the 148
following is substituted in lieu thereof (Effective January 2, 2024): 149
No group health insurance policy providing coverage of the type 150
specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 151
delivered, issued for delivery, amended, renewed or continued in this 152
state shall deny coverage for health care services rendered to treat any 153
injury sustained by any person when such injury is alleged to have 154
occurred or occurs under circumstances in which (1) such person has an 155
elevated blood alcohol content, or (2) such person has sustained such 156
injury while under the influence of intoxicating liquor or any drug or 157
both. For the purposes of this section, "elevated blood alcohol content" 158
means a ratio of alcohol in the blood of such person that is [eight-159
hundredths] five-hundredths of one per cent or more of alcohol, by 160
weight. 161
Sec. 10. Section 13b-212b of the general statutes is repealed and the 162
following is substituted in lieu thereof (Effective July 1, 2023): 163
(a) There is established a Connecticut [Commuter Rail] Public 164
Transportation Council which shall consist of [fifteen] thirteen members 165
appointed with the advice and consent of the General Assembly, all of 166
whom shall be (1) [commuters] residents who regularly use the 167
transportation services of the New Haven commuter railroad line which 168
includes the New Canaan, Danbury and Waterbury branches of such 169
line, (2) [commuters] residents who regularly use the transportation 170
services of the [Shoreline] Shore Line East railroad line, [or] (3) residents 171
[of a municipality in which the Commissioner of Transportation has 172
proposed a new rail line or in which a rail line has commenced operation 173
after July 1, 2013] who regularly use the transportation services of the 174
Hartford railroad line, or (4) residents who regularly use state-owned or 175 Raised Bill No. 1082
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controlled bus public transportation services. Members shall be 176
appointed as follows: (A) The Governor shall appoint [four] five 177
members, one of whom shall [be the chief elected official of a 178
municipality located on an operating or proposed new rail line] 179
regularly use commuter railroad systems and one of whom shall 180
regularly use state-owned or controlled bus public transportation 181
services; (B) the president pro tempore of the Senate shall appoint 182
[three] two members, one of whom shall be a resident who regularly 183
uses the transportation services of the New Haven commuter railroad 184
line; (C) the speaker of the House of Representatives shall appoint 185
[three] two members, one of whom shall be a resident who regularly 186
uses the transportation services of the Hartford railroad line; (D) the 187
minority leader of the Senate shall appoint one member; (E) the minority 188
leader of the House of Representatives shall appoint one member; (F) 189
the chairpersons of the joint standing committee of the General 190
Assembly having cognizance of matters relating to transportation shall 191
[each] jointly appoint one member, one of whom shall be [from a 192
municipality in which the Commissioner of Transportation has 193
proposed a new rail line or in which a rail line has commenced operation 194
after July 1, 2013, and one of whom shall be from a municipality in 195
which a station for the Shoreline East railroad line is located] a resident 196
who regularly uses the transportation services of the Shore Line East 197
railroad line; and (G) the ranking members of said committee shall 198
jointly appoint one member. [who shall be from a municipality served 199
by the Danbury or Waterbury branches of the New Haven commuter 200
railroad line.] Each member shall serve for a term of four years. All 201
initial appointments to the council shall be made by August 1, [2013] 202
2023, and initial members shall serve a four-year term commencing on 203
August 1, [2013] 2023. Any vacancy shall be filled by the original 204
appointing authority by appointment for the unexpired portion of any 205
term. Members of the council shall serve until their respective 206
successors are appointed and approved by the General Assembly. 207
(b) [The members of the council shall choose one of the members of 208
the council to be chairperson of the council.] The Governor shall appoint 209 Raised Bill No. 1082
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two cochairpersons of the council from among the members of the 210
council, one of whom shall regularly use commuter railroad systems 211
and one of whom shall regularly use state-owned or controlled bus 212
public transportation services. A majority of the members of the council 213
then in office shall constitute a quorum for the transaction of any 214
business, and action shall be by vote of a majority of the members 215
present at a meeting. The council shall meet at least once during each 216
calendar quarter and at such other times as the [chairperson deems] 217
cochairpersons deem necessary or upon the request of a majority of the 218
members in office. Special meetings shall be held at the request of such 219
majority after notice in accordance with the provisions of section 1-225. 220
Any member who fails to attend fifty per cent of all meetings held 221
during any calendar year or who fails to attend three consecutive 222
meetings shall be deemed to have resigned from office. 223
(c) The Department of Transportation shall maintain records of each 224
request for information and data received from the council and denote 225
the status of any such request. 226
Sec. 11. Section 13b-212c of the general statutes is repealed and the 227
following is substituted in lieu thereof (Effective July 1, 2023): 228
The Connecticut [Commuter Rail] Public Transportation Council 229
shall [study and investigate all aspects of the daily] monitor the 230
performance and operation of [commuter rail lines] the commuter 231
railroad systems and state-owned or controlled bus pu blic 232
transportation services in the state [, monitor their performance] and 233
recommend changes to improve the efficiency, equity and [the] quality 234
of service [of the operation of such lines] on such systems and services. 235
The council may request [and shall receive] from any department, 236
division, board, bureau, commission, agency [,] or public authority of 237
the state, or any political subdivision thereof, such assistance and data 238
[as it requests and] that will enable it to properly carry out its activities 239
for the purposes set forth in this section. The council shall also [work 240
with the Department of Transportation to] serve as an advocate for 241
customers of all commuter [lines] railroad systems and state-owned or 242 Raised Bill No. 1082
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controlled bus public transportation services in the state. [and shall 243
make recommendations for improvements to such lines.] The council 244
shall report its findings and recommendations annually on or before 245
January fifteenth, to the Governor, the Commissioner of Transportation, 246
the General Assembly, the Metro North Rail Commuter Council located 247
in the state of New York and the management advisory board of the 248
office of the inspector general of the Metropolitan Transportation 249
Authority located in the state of New York. 250
Sec. 12. Section 20 of public act 21-175 is repealed and the following 251
is substituted in lieu thereof (Effective from passage): 252
The Commissioner of Transportation shall study the feasibility of (1) 253
extending the Shore Line East rail line to the state of Rhode Island, (2) 254
establishing a new passenger rail service from the town of New London 255
to the town of Norwich, (3) establishing a new passenger train station in 256
the town of Groton and the borough of Stonington, and (4) extending 257
ground transportation systems in the eastern region of the state and 258
providing interconnection between such systems and rail lines. The 259
commissioner may seek and use any available federal funds to conduct 260
such study. On or before [January] December 1, 2023, the commissioner 261
shall submit the results of such study to the joint standing committee of 262
the General Assembly having cognizance of matters relating to 263
transportation, in accordance with the provisions of section 11-4a of the 264
general statutes. 265
Sec. 13. Section 13b-103 of the general statutes is repealed and the 266
following is substituted in lieu thereof (Effective October 1, 2023): 267
(a) (1) No person, association, limited liability company or 268
corporation shall operate a motor vehicle in livery service until such 269
person, association, limited liability company or corporation has 270
obtained a permit from the Department of Transportation, specifying 271
the nature and extent of the service to be rendered and certifying that 272
public convenience and necessity will be improved by the operation and 273
conduct of such livery service. Such permits shall be issued only after a 274 Raised Bill No. 1082
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written application for the same has been made and a public hearing has 275
been held thereon. Upon receipt of such application, together with the 276
payment of a fee of two hundred dollars, the department shall fix a time 277
and place of hearing thereon, within a reasonable time, and shall 278
promptly give written notice of the pendency of such application and of 279
the time and place of such hearing to each applicant, the mayor of each 280
city, the warden of each borough and the first selectman of each town, 281
within which any such applicant desires to maintain an office or 282
headquarters, to any carrier legally operating motor vehicles in livery 283
service within the same territory and to other interested parties as 284
determined by the department. (2) Notwithstanding the provisions of 285
subdivision (1) of this subsection, the department may issue a permit for 286
the operation of vehicles (A) having a capacity of less than eleven adults 287
or to be used exclusively at funerals, weddings, christenings, 288
processions or celebrations, without holding a hearing and certifying 289
that public convenience and necessity would be improved by the 290
operation of such vehicles, or (B) having a capacity of not less than 291
eleven or more than fourteen adults and used for sightseeing and 292
related purposes, without holding a hearing, provided the department 293
issues a legal notice, as provided under section 1-2, of such application 294
and no objection is filed with the department within thirty days of 295
publication of such notice. (3) Notwithstanding the provisions of 296
subdivision (1) of this subsection, the department may issue a 297
temporary or permanent permit to any person, association, limited 298
liability company or corporation operating a motor vehicle engaged in 299
the transportation of passengers for hire by virtue of a contract with, or 300
a lower tier contract for, any federal, state or municipal agency that (A) 301
is in effect on July 1, 1997, with or without hearing, after a written 302
application for the same has been made and the department has 303
determined that the applicant meets the requirements of subsection (b) 304
of this section except with respect to public convenience and necessity, 305
or (B) becomes effective after July 1, 1997, with or without hearing, after 306
a written application for the same has been made and the department 307
has determined that the applicant meets the requirements of subsection 308
(b) of this section. Any such permit issued under the provisions of this 309 Raised Bill No. 1082
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subdivision (i) shall be limited to service provided under any such 310
contract, and (ii) with respect to any contract under the provisions of 311
subparagraph (A) of this subdivision, shall not authorize a total number 312
of motor vehicles exceeding the number required to provide service 313
existing under such contract on July 1, 1997. (4) Notwithstanding the 314
provisions of subdivision (1) of this subsection, the department shall 315
issue to any person who has an intrastate livery permit for at least one 316
year, upon the application of such person, up to two additional vehicle 317
authorizations each year without a hearing and without written notice 318
of the pendency of the application, if all the existing permits held by 319
such person are registered and in use and if there are no outstanding 320
violations or matters pending adjudication against such person. Such 321
person may submit a second application for up to two additional vehicle 322
authorizations for each such year. The department shall have thirty 323
calendar days to issue such amended permit upon receipt of an 324
application and the payment of the fee described in subdivision (1) of 325
this subsection. 326
(b) In determining whether or not such a permit will be granted, the 327
Department of Transportation shall take into consideration the present 328
or future public convenience and necessity for the service the applicant 329
proposes to render, the suitability of the applicant or the suitability of 330
the management if the applicant is a limited liability company or 331
corporation, the financial responsibility of the applicant, the ability of 332
the applicant efficiently and properly to perform the service for which 333
authority is requested and the fitness, willingness and ability of the 334
applicant to conform to the provisions of this chapter and the 335
requirements and regulations of the department under this chapter. 336
(c) Any interested party may bring a written petition to the 337
Department of Transportation in respect to fares, service, operation or 338
equipment, or the convenience, protection and safety of the public with 339
regard to any carrier operating a motor vehicle in livery service. 340
Thereupon, the department may fix a time and place for a hearing upon 341
such petition and give notice thereof. No permit shall be sold or 342
transferred until the department, upon written application to it setting 343 Raised Bill No. 1082
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forth the purpose, terms and conditions thereof and accompanied by a 344
fee of two hundred dollars, after investigation, approves the same. The 345
department may amend or, for sufficient cause shown, may suspend or 346
revoke any such permit. The department may order appropriate 347
corrective action as the department deems necessary, including, but not 348
limited to, the attendance of a motor vehicle operator retraining 349
program. The department may impose a civil penalty on any person or 350
any officer of any association, limited liability company or corporation 351
who violates any provision of this chapter or any regulation adopted 352
under section 13b-102, as amended by this act, with respect to fares, 353
service, operation, [or] equipment, management or staffing, in an 354
amount not to exceed one thousand dollars per day for each violation. 355
Prior to the imposition of a civil penalty under this subsection, the 356
department shall provide notice to said person or officer no later than 357
fifteen business days after receipt of information concerning an alleged 358
violation and shall provide an opportunity for a hearing. 359
[(d) The owner or operator of each motor vehicle in livery service 360
shall display in such vehicle such permit or a memorandum thereof.] 361
[(e)] (d) (1) Any person who holds himself or herself out to be the 362
operator of a motor vehicle in livery service who has not received a 363
permit under this section shall be guilty of a class B misdemeanor. 364
(2) The state shall remit to a municipality fifty per cent of the fine 365
amount received for a violation of subdivision (1) of this subsection with 366
respect to each summons issued by such municipality. Each clerk of the 367
Superior Court or the Chief Court Administrator, or any other official of 368
the Superior Court designated by the Chief Court Administrator, shall, 369
on or before the thirtieth day of January, April, July and October in each 370
year, certify to the Comptroller the amount due for the previous quarter 371
under this subsection to each municipality served by the office of the 372
clerk or official. 373
[(f)] (e) The Department of Transportation may revoke a permit 374
issued under this section or section 13b-105 without a hearing, provided 375 Raised Bill No. 1082
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(1) the department sends a notice of revocation to the permit holder at 376
the address of the permit holder on file with the department and (A) the 377
notice is returned as undeliverable or could not be delivered, or (B) the 378
permit holder fails to respond to the notice within the time period 379
specified by the department in such notice, (2) the department conducts 380
a physical inspection of the address of the permit holder on file with the 381
department and determines that no livery service is operated at such 382
address, and (3) no motor vehicle is registered by the permit holder with 383
the Department of Motor Vehicles to be used as specified in the permit 384
pursuant to section 13b-106. 385
Sec. 14. Subdivision (1) of subsection (a) of section 13b-102 of the 386
general statutes is repealed and the following is substituted in lieu 387
thereof (Effective October 1, 2023): 388
(a) (1) Each person, association, limited liability company or 389
corporation owning or operating a motor vehicle in livery service shall 390
be subject to the jurisdiction of the Department of Transportation, and 391
the department may prescribe adequate service and reasonable rates 392
and charges and prescribe and establish such reasonable regulations, in 393
accordance with the provisions of chapter 54, with respect to fares, 394
service, operation, [and] equipment, management and staffing as it 395
deems necessary for the convenience, protection, safety and best 396
interests of passengers and the public.397
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 2, 2024 14-227a(a)
Sec. 2 January 2, 2024 14-227b(n)
Sec. 3 January 2, 2024 14-227m(a)
Sec. 4 January 2, 2024 14-227n(a)
Sec. 5 January 2, 2024 15-133(d)
Sec. 6 January 2, 2024 15-140q(g)(4)
Sec. 7 January 2, 2024 15-140q(n)
Sec. 8 January 2, 2024 38a-498c
Sec. 9 January 2, 2024 38a-525c
Sec. 10 July 1, 2023 13b-212b Raised Bill No. 1082
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Sec. 11 July 1, 2023 13b-212c
Sec. 12 from passage PA 21-175, Sec. 20
Sec. 13 October 1, 2023 13b-103
Sec. 14 October 1, 2023 13b-102(a)(1)
Statement of Purpose:
To implement recommendations of the Department of Transportation
concerning (1) lowering the blood alcohol content for driving and
boating under the influence from eight-hundredths to five-hundredths
of one per cent of alcohol, by weight, (2) establishing the Connecticut
Public Transportation Council, (3) requiring the results of the study
regarding the Shore Line East rail line be submitted on or before
December 1, 2023, and (4) motor vehicles in livery service.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]