Connecticut 2023 Regular Session

Connecticut Senate Bill SB01082 Compare Versions

OldNewDifferences
11
22
3-LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01082-R01-SB.docx 1 of 6
3+LCO No. 4683 1 of 14
44
5-General Assembly Substitute Bill No. 1082
5+General Assembly Raised Bill No. 1082
66 January Session, 2023
7+LCO No. 4683
78
9+
10+Referred to Committee on TRANSPORTATION
11+
12+
13+Introduced by:
14+(TRA)
815
916
1017
1118
1219 AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
1320 DEPARTMENT OF TRANSPORTATION REGARDING A REDUCTION
1421 IN BLOOD ALCOHOL LIMITS FOR IMPAIRED DRIVING AND
15-BOATING.
22+BOATING, ESTABLISHING THE CONNECTICUT PUBLIC
23+TRANSPORTATION COUNCIL, THE SHORE LINE EAST STUDY AND
24+MOTOR VEHICLES IN LIVERY SERVICE.
1625 Be it enacted by the Senate and House of Representatives in General
1726 Assembly convened:
1827
1928 Section 1. Subsection (a) of section 14-227a of the general statutes is 1
20-repealed and the following is substituted in lieu thereof (Effective 2
21-January 2, 2024): 3
22-(a) No person shall operate a motor vehicle while under the 4
23-influence of intoxicating liquor or any drug or both. A person commits 5
24-the offense of operating a motor vehicle while under the influence of 6
25-intoxicating liquor or any drug or both if such person operates a motor 7
26-vehicle (1) while under the influence of intoxicating liquor or any drug 8
27-or both, or (2) while such person has an elevated blood alcohol content. 9
28-For the purposes of this section, "elevated blood alcohol content" 10
29-means a ratio of alcohol in the blood of such person that is [eight-11
30-hundredths] five-hundredths of one per cent or more of alcohol, by 12
31-weight, except that if such person is operating a commercial motor 13
32-vehicle, "elevated blood alcohol content" means a ratio of alcohol in the 14
33-blood of such person that is four-hundredths of one per cent or more 15
34-of alcohol, by weight, and "motor vehicle" includes a snowmobile and 16
35-all-terrain vehicle, as those terms are defined in section 14-379. For 17
36-purposes of this section, section 14-227b, as amended by this act, and 18 Substitute Bill No. 1082
29+repealed and the following is substituted in lieu thereof (Effective January 2
30+2, 2024): 3
31+(a) No person shall operate a motor vehicle while under the influence 4
32+of intoxicating liquor or any drug or both. A person commits the offense 5
33+of operating a motor vehicle while under the influence of intoxicating 6
34+liquor or any drug or both if such person operates a motor vehicle (1) 7
35+while under the influence of intoxicating liquor or any drug or both, or 8
36+(2) while such person has an elevated blood alcohol content. For the 9
37+purposes of this section, "elevated blood alcohol content" means a ratio 10
38+of alcohol in the blood of such person that is [eight-hundredths] five-11
39+hundredths of one per cent or more of alcohol, by weight, except that if 12 Raised Bill No. 1082
3740
3841
39-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01082-R01-SB.docx } 2 of 6
4042
41-section 14-227c, (A) "advanced roadside impaired dr iving 19
42-enforcement" means a program developed by the National Highway 20
43-Traffic Safety Administration with the International Association of 21
44-Chiefs of Police and the Technical Advisory Panel, which focuses on 22
45-impaired driving enforcement education for police officers, or any 23
46-successor to such program; (B) "drug influence evaluation" means an 24
47-evaluation developed by the National Highway Traffic Safety 25
48-Administration and the International Association of Chiefs of Police 26
49-that is conducted by a drug recognition expert to determine the level of 27
50-a person's impairment from the use of drugs and the drug category 28
51-causing such impairment; (C) "drug recognition expert" means a 29
52-person certified by the International Association of Chiefs of Police as 30
53-having met all requirements of the International Drug Evaluation and 31
54-Classification Program; and (D) "nontestimonial portion of a drug 32
55-influence evaluation" means a drug influence evaluation conducted by 33
56-a drug recognition expert that does not include a verbal interview with 34
57-the subject. 35
58-Sec. 2. Subsection (n) of section 14-227b of the general statutes is 36
59-repealed and the following is substituted in lieu thereof (Effective 37
60-January 2, 2024): 38
61-(n) For the purposes of this section, "elevated blood alcohol content" 39
62-means (1) a ratio of alcohol in the blood of such person that is [eight-40
63-hundredths] five-hundredths of one per cent or more of alcohol, by 41
64-weight, (2) if such person is operating a commercial motor vehicle, a 42
65-ratio of alcohol in the blood of such person that is four-hundredths of 43
66-one per cent or more of alcohol, by weight, or (3) if such person is less 44
67-than twenty-one years of age, a ratio of alcohol in the blood of such 45
68-person that is two-hundredths of one per cent or more of alcohol, by 46
69-weight. 47
70-Sec. 3. Subsection (a) of section 14-227m of the general statutes is 48
71-repealed and the following is substituted in lieu thereof (Effective 49
72-January 2, 2024): 50 Substitute Bill No. 1082
43+LCO No. 4683 2 of 14
44+
45+such person is operating a commercial motor vehicle, "elevated blood 13
46+alcohol content" means a ratio of alcohol in the blood of such person that 14
47+is four-hundredths of one per cent or more of alcohol, by weight, and 15
48+"motor vehicle" includes a snowmobile and all-terrain vehicle, as those 16
49+terms are defined in section 14-379. For purposes of this section, section 17
50+14-227b, as amended by this act, and section 14-227c, (A) "advanced 18
51+roadside impaired driving enforcement" means a program developed 19
52+by the National Highway Traffic Safety Administration with the 20
53+International Association of Chiefs of Police and the Technical Advisory 21
54+Panel, which focuses on impaired driving enforcement education for 22
55+police officers, or any successor to such program; (B) "drug influence 23
56+evaluation" means an evaluation developed by the National Highway 24
57+Traffic Safety Administration and the International Association of 25
58+Chiefs of Police that is conducted by a drug recognition expert to 26
59+determine the level of a person's impairment from the use of drugs and 27
60+the drug category causing such impairment; (C) "drug recognition 28
61+expert" means a person certified by the International Association of 29
62+Chiefs of Police as having met all requirements of the International Drug 30
63+Evaluation and Classification Program; and (D) "nontestimonial portion 31
64+of a drug influence evaluation" means a drug influence evaluation 32
65+conducted by a drug recognition expert that does not include a verbal 33
66+interview with the subject. 34
67+Sec. 2. Subsection (n) of section 14-227b of the general statutes is 35
68+repealed and the following is substituted in lieu thereof (Effective January 36
69+2, 2024): 37
70+(n) For the purposes of this section, "elevated blood alcohol content" 38
71+means (1) a ratio of alcohol in the blood of such person that is [eight-39
72+hundredths] five-hundredths of one per cent or more of alcohol, by 40
73+weight, (2) if such person is operating a commercial motor vehicle, a 41
74+ratio of alcohol in the blood of such person that is four-hundredths of 42
75+one per cent or more of alcohol, by weight, or (3) if such person is less 43
76+than twenty-one years of age, a ratio of alcohol in the blood of such 44
77+person that is two-hundredths of one per cent or more of alcohol, by 45
78+weight. 46 Raised Bill No. 1082
7379
7480
75-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01082-R01-SB.docx } 3 of 6
7681
77-(a) No person shall operate a motor vehicle in which a child under 51
78-eighteen years of age is a passenger while such person (1) is under the 52
79-influence of intoxicating liquor or any drug or both, or (2) has an 53
80-elevated blood alcohol content. For the purposes of this section, 54
81-"elevated blood alcohol content" means a ratio of alcohol in the blood 55
82-of such person that is [eight-hundredths] five-hundredths of one per 56
83-cent or more of alcohol, by weight, except that if such person is 57
84-operating a commercial motor vehicle, "elevated blood alcohol 58
85-content" means a ratio of alcohol in the blood of such person that is 59
86-four-hundredths of one per cent or more of alcohol, by weight, and if 60
87-such person is under twenty-one years of age, "elevated blood alcohol 61
88-content" means a ratio of alcohol in the blood of such person that is 62
89-two-hundredths of one per cent or more of alcohol by weight; and 63
90-"motor vehicle" includes a snowmobile and all-terrain vehicle, as those 64
91-terms are defined in section 14-379. 65
92-Sec. 4. Subsection (a) of section 14-227n of the general statutes is 66
93-repealed and the following is substituted in lieu thereof (Effective 67
94-January 2, 2024): 68
95-(a) (1) No person shall operate a school bus, student transportation 69
96-vehicle or other motor vehicle specially designated for carrying 70
97-children while such person (A) is under the influence of intoxicating 71
98-liquor or any drug or both, or (B) has an elevated blood alcohol 72
99-content. 73
100-(2) No person shall operate a school bus, student transportation 74
101-vehicle or other motor vehicle specially designated for carrying 75
102-children in which a child under eighteen years of age is a passenger 76
103-while such person (A) is under the influence of intoxicating liquor or 77
104-any drug or both, or (B) has an elevated blood alcohol content. 78
105-(3) For the purposes of this section, "motor vehicle specially 79
106-designated for carrying children" means any motor vehicle, except for 80
107-a registered school bus or student transportation vehicle as defined in 81
108-section 14-212, that is designated or used by a person, firm or 82 Substitute Bill No. 1082
82+LCO No. 4683 3 of 14
83+
84+Sec. 3. Subsection (a) of section 14-227m of the general statutes is 47
85+repealed and the following is substituted in lieu thereof (Effective January 48
86+2, 2024): 49
87+(a) No person shall operate a motor vehicle in which a child under 50
88+eighteen years of age is a passenger while such person (1) is under the 51
89+influence of intoxicating liquor or any drug or both, or (2) has an 52
90+elevated blood alcohol content. For the purposes of this section, 53
91+"elevated blood alcohol content" means a ratio of alcohol in the blood of 54
92+such person that is [eight-hundredths] five-hundredths of one per cent 55
93+or more of alcohol, by weight, except that if such person is operating a 56
94+commercial motor vehicle, "elevated blood alcohol content" means a 57
95+ratio of alcohol in the blood of such person that is four-hundredths of 58
96+one per cent or more of alcohol, by weight, and if such person is under 59
97+twenty-one years of age, "elevated blood alcohol content" means a ratio 60
98+of alcohol in the blood of such person that is two-hundredths of one per 61
99+cent or more of alcohol by weight; and "motor vehicle" includes a 62
100+snowmobile and all-terrain vehicle, as those terms are defined in section 63
101+14-379. 64
102+Sec. 4. Subsection (a) of section 14-227n of the general statutes is 65
103+repealed and the following is substituted in lieu thereof (Effective January 66
104+2, 2024): 67
105+(a) (1) No person shall operate a school bus, student transportation 68
106+vehicle or other motor vehicle specially designated for carrying children 69
107+while such person (A) is under the influence of intoxicating liquor or 70
108+any drug or both, or (B) has an elevated blood alcohol content. 71
109+(2) No person shall operate a school bus, student transportation 72
110+vehicle or other motor vehicle specially designated for carrying children 73
111+in which a child under eighteen years of age is a passenger while such 74
112+person (A) is under the influence of intoxicating liquor or any drug or 75
113+both, or (B) has an elevated blood alcohol content. 76
114+(3) For the purposes of this section, "motor vehicle specially 77
115+designated for carrying children" means any motor vehicle, except for a 78 Raised Bill No. 1082
109116
110117
111-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01082-R01-SB.docx } 4 of 6
112118
113-corporation for the transportation of children to or from any program 83
114-or activity organized primarily for persons under the age of eighteen 84
115-years, with or without charge to the individual being transported, but 85
116-does not include a passenger motor vehicle normally used for 86
117-personal, family or household purposes that is operated by a person 87
118-without a public passenger endorsement; and "elevated blood alcohol 88
119-content" means a ratio of alcohol in the blood of such person that is 89
120-[eight-hundredths] five-hundredths of one per cent or more of alcohol, 90
121-by weight, except that if such person is operating a commercial motor 91
122-vehicle, "elevated blood alcohol content" means a ratio of alcohol in the 92
123-blood of such person that is four-hundredths of one per cent or more 93
124-of alcohol, by weight, and if such person is under twenty-one years of 94
125-age, "elevated blood alcohol content" means a ratio of alcohol in the 95
126-blood of such person that is two-hundredths of one per cent or more of 96
127-alcohol, by weight. 97
128-Sec. 5. Subsection (d) of section 15-133 of the general statutes is 98
129-repealed and the following is substituted in lieu thereof (Effective 99
130-January 2, 2024): 100
131-(d) No person shall operate a vessel: (1) While under the influence 101
132-of intoxicating liquor or any drug, or both, or (2) while such person has 102
133-an elevated blood alcohol content. For the purposes of this section and 103
134-sections 15-140l and 15-140n, "elevated blood alcohol content" means: 104
135-(A) A ratio of alcohol in the blood of such person that is [eight-105
136-hundredths] five-hundredths of one per cent or more of alcohol, by 106
137-weight, or (B) if such person is under twenty-one years of age, a ratio 107
138-of alcohol in the blood of such person that is two-hundredths of one 108
139-per cent or more of alcohol, by weight. For the purposes of this section 109
140-and sections 15-132a, 15-140l, 15-140n, 15-140o and 15-140q, as 110
141-amended by this act, "operate" means that the vessel is underway or 111
142-aground and not moored, anchored or docked. 112
143-Sec. 6. Subdivision (4) of subsection (g) of section 15-140q of the 113
144-general statutes is repealed and the following is substituted in lieu 114
145-thereof (Effective January 2, 2024): 115 Substitute Bill No. 1082
119+LCO No. 4683 4 of 14
120+
121+registered school bus or student transportation vehicle as defined in 79
122+section 14-212, that is designated or used by a person, firm or 80
123+corporation for the transportation of children to or from any program or 81
124+activity organized primarily for persons under the age of eighteen years, 82
125+with or without charge to the individual being transported, but does not 83
126+include a passenger motor vehicle normally used for personal, family or 84
127+household purposes that is operated by a person without a public 85
128+passenger endorsement; and "elevated blood alcohol content" means a 86
129+ratio of alcohol in the blood of such person that is [eight-hundredths] 87
130+five-hundredths of one per cent or more of alcohol, by weight, except 88
131+that if such person is operating a commercial motor vehicle, "elevated 89
132+blood alcohol content" means a ratio of alcohol in the blood of such 90
133+person that is four-hundredths of one per cent or more of alcohol, by 91
134+weight, and if such person is under twenty-one years of age, "elevated 92
135+blood alcohol content" means a ratio of alcohol in the blood of such 93
136+person that is two-hundredths of one per cent or more of alcohol, by 94
137+weight. 95
138+Sec. 5. Subsection (d) of section 15-133 of the general statutes is 96
139+repealed and the following is substituted in lieu thereof (Effective January 97
140+2, 2024): 98
141+(d) No person shall operate a vessel: (1) While under the influence of 99
142+intoxicating liquor or any drug, or both, or (2) while such person has an 100
143+elevated blood alcohol content. For the purposes of this section and 101
144+sections 15-140l and 15-140n, "elevated blood alcohol content" means: 102
145+(A) A ratio of alcohol in the blood of such person that is [eight-103
146+hundredths] five-hundredths of one per cent or more of alcohol, by 104
147+weight, or (B) if such person is under twenty-one years of age, a ratio of 105
148+alcohol in the blood of such person that is two-hundredths of one per 106
149+cent or more of alcohol, by weight. For the purposes of this section and 107
150+sections 15-132a, 15-140l, 15-140n, 15-140o and 15-140q, as amended by 108
151+this act, "operate" means that the vessel is underway or aground and not 109
152+moored, anchored or docked. 110
153+Sec. 6. Subdivision (4) of subsection (g) of section 15-140q of the 111 Raised Bill No. 1082
146154
147155
148-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01082-R01-SB.docx } 5 of 6
149156
150-(4) At a hearing held under this subsection, the results of the test, if 116
151-administered, shall be sufficient to indicate the ratio of alcohol in the 117
152-blood of such person at the time of operation, except that if the results 118
153-of an additional test, administered pursuant to section 15-140r, indicate 119
154-that the ratio of alcohol in the blood of such person is [eight-120
155-hundredths] five-hundredths of one per cent or less of alcohol, by 121
156-weight, and is higher than the results of the first test, evidence shall be 122
157-presented that demonstrates that the test results and analysis thereof 123
158-accurately indicate the blood alcohol content at the time of operation. 124
159-The fees of any witness summoned to appear at a hearing under this 125
160-subsection shall be the same as provided in section 52-260. 126
161-Sec. 7. Subsection (n) of section 15-140q of the general statutes is 127
162-repealed and the following is substituted in lieu thereof (Effective 128
163-January 2, 2024): 129
164-(n) For the purposes of this section, "elevated blood alcohol content" 130
165-means: (1) A ratio of alcohol in the blood of such person that is [eight-131
166-hundredths] five-hundredths of one per cent or more of alcohol, by 132
167-weight, or (2) if such person is under twenty-one years of age, a ratio 133
168-of alcohol in the blood of such person that is two-hundredths of one 134
169-per cent or more of alcohol, by weight. 135
170-Sec. 8. Section 38a-498c of the general statutes is repealed and the 136
171-following is substituted in lieu thereof (Effective January 2, 2024): 137
172-No individual health insurance policy providing coverage of the 138
173-type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-139
174-469 delivered, issued for delivery, amended, renewed or continued in 140
175-this state shall deny coverage for health care services rendered to treat 141
176-any injury sustained by any person when such injury is alleged to have 142
177-occurred or occurs under circumstances in which (1) such person has 143
178-an elevated blood alcohol content, or (2) such person has sustained 144
179-such injury while under the influence of intoxicating liquor or any 145
180-drug or both. For the purposes of this section, "elevated blood alcohol 146
181-content" means a ratio of alcohol in the blood of such person that is 147 Substitute Bill No. 1082
157+LCO No. 4683 5 of 14
158+
159+general statutes is repealed and the following is substituted in lieu 112
160+thereof (Effective January 2, 2024): 113
161+(4) At a hearing held under this subsection, the results of the test, if 114
162+administered, shall be sufficient to indicate the ratio of alcohol in the 115
163+blood of such person at the time of operation, except that if the results 116
164+of an additional test, administered pursuant to section 15-140r, indicate 117
165+that the ratio of alcohol in the blood of such person is [eight-hundredths] 118
166+five-hundredths of one per cent or less of alcohol, by weight, and is 119
167+higher than the results of the first test, evidence shall be presented that 120
168+demonstrates that the test results and analysis thereof accurately 121
169+indicate the blood alcohol content at the time of operation. The fees of 122
170+any witness summoned to appear at a hearing under this subsection 123
171+shall be the same as provided in section 52-260. 124
172+Sec. 7. Subsection (n) of section 15-140q of the general statutes is 125
173+repealed and the following is substituted in lieu thereof (Effective January 126
174+2, 2024): 127
175+(n) For the purposes of this section, "elevated blood alcohol content" 128
176+means: (1) A ratio of alcohol in the blood of such person that is [eight-129
177+hundredths] five-hundredths of one per cent or more of alcohol, by 130
178+weight, or (2) if such person is under twenty-one years of age, a ratio of 131
179+alcohol in the blood of such person that is two-hundredths of one per 132
180+cent or more of alcohol, by weight. 133
181+Sec. 8. Section 38a-498c of the general statutes is repealed and the 134
182+following is substituted in lieu thereof (Effective January 2, 2024): 135
183+No individual health insurance policy providing coverage of the type 136
184+specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 137
185+delivered, issued for delivery, amended, renewed or continued in this 138
186+state shall deny coverage for health care services rendered to treat any 139
187+injury sustained by any person when such injury is alleged to have 140
188+occurred or occurs under circumstances in which (1) such person has an 141
189+elevated blood alcohol content, or (2) such person has sustained such 142
190+injury while under the influence of intoxicating liquor or any drug or 143 Raised Bill No. 1082
182191
183192
184-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01082-R01-SB.docx } 6 of 6
185193
186-[eight-hundredths] five-hundredths of one per cent or more of alcohol, 148
187-by weight. 149
188-Sec. 9. Section 38a-525c of the general statutes is repealed and the 150
189-following is substituted in lieu thereof (Effective January 2, 2024): 151
190-No group health insurance policy providing coverage of the type 152
191-specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 153
192-delivered, issued for delivery, amended, renewed or continued in this 154
193-state shall deny coverage for health care services rendered to treat any 155
194-injury sustained by any person when such injury is alleged to have 156
195-occurred or occurs under circumstances in which (1) such person has 157
196-an elevated blood alcohol content, or (2) such person has sustained 158
197-such injury while under the influence of intoxicating liquor or any 159
198-drug or both. For the purposes of this section, "elevated blood alcohol 160
199-content" means a ratio of alcohol in the blood of such person that is 161
200-[eight-hundredths] five-hundredths of one per cent or more of alcohol, 162
201-by weight. 163
194+LCO No. 4683 6 of 14
195+
196+both. For the purposes of this section, "elevated blood alcohol content" 144
197+means a ratio of alcohol in the blood of such person that is [eight-145
198+hundredths] five-hundredths of one per cent or more of alcohol, by 146
199+weight. 147
200+Sec. 9. Section 38a-525c of the general statutes is repealed and the 148
201+following is substituted in lieu thereof (Effective January 2, 2024): 149
202+No group health insurance policy providing coverage of the type 150
203+specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 151
204+delivered, issued for delivery, amended, renewed or continued in this 152
205+state shall deny coverage for health care services rendered to treat any 153
206+injury sustained by any person when such injury is alleged to have 154
207+occurred or occurs under circumstances in which (1) such person has an 155
208+elevated blood alcohol content, or (2) such person has sustained such 156
209+injury while under the influence of intoxicating liquor or any drug or 157
210+both. For the purposes of this section, "elevated blood alcohol content" 158
211+means a ratio of alcohol in the blood of such person that is [eight-159
212+hundredths] five-hundredths of one per cent or more of alcohol, by 160
213+weight. 161
214+Sec. 10. Section 13b-212b of the general statutes is repealed and the 162
215+following is substituted in lieu thereof (Effective July 1, 2023): 163
216+(a) There is established a Connecticut [Commuter Rail] Public 164
217+Transportation Council which shall consist of [fifteen] thirteen members 165
218+appointed with the advice and consent of the General Assembly, all of 166
219+whom shall be (1) [commuters] residents who regularly use the 167
220+transportation services of the New Haven commuter railroad line which 168
221+includes the New Canaan, Danbury and Waterbury branches of such 169
222+line, (2) [commuters] residents who regularly use the transportation 170
223+services of the [Shoreline] Shore Line East railroad line, [or] (3) residents 171
224+[of a municipality in which the Commissioner of Transportation has 172
225+proposed a new rail line or in which a rail line has commenced operation 173
226+after July 1, 2013] who regularly use the transportation services of the 174
227+Hartford railroad line, or (4) residents who regularly use state-owned or 175 Raised Bill No. 1082
228+
229+
230+
231+LCO No. 4683 7 of 14
232+
233+controlled bus public transportation services. Members shall be 176
234+appointed as follows: (A) The Governor shall appoint [four] five 177
235+members, one of whom shall [be the chief elected official of a 178
236+municipality located on an operating or proposed new rail line] 179
237+regularly use commuter railroad systems and one of whom shall 180
238+regularly use state-owned or controlled bus public transportation 181
239+services; (B) the president pro tempore of the Senate shall appoint 182
240+[three] two members, one of whom shall be a resident who regularly 183
241+uses the transportation services of the New Haven commuter railroad 184
242+line; (C) the speaker of the House of Representatives shall appoint 185
243+[three] two members, one of whom shall be a resident who regularly 186
244+uses the transportation services of the Hartford railroad line; (D) the 187
245+minority leader of the Senate shall appoint one member; (E) the minority 188
246+leader of the House of Representatives shall appoint one member; (F) 189
247+the chairpersons of the joint standing committee of the General 190
248+Assembly having cognizance of matters relating to transportation shall 191
249+[each] jointly appoint one member, one of whom shall be [from a 192
250+municipality in which the Commissioner of Transportation has 193
251+proposed a new rail line or in which a rail line has commenced operation 194
252+after July 1, 2013, and one of whom shall be from a municipality in 195
253+which a station for the Shoreline East railroad line is located] a resident 196
254+who regularly uses the transportation services of the Shore Line East 197
255+railroad line; and (G) the ranking members of said committee shall 198
256+jointly appoint one member. [who shall be from a municipality served 199
257+by the Danbury or Waterbury branches of the New Haven commuter 200
258+railroad line.] Each member shall serve for a term of four years. All 201
259+initial appointments to the council shall be made by August 1, [2013] 202
260+2023, and initial members shall serve a four-year term commencing on 203
261+August 1, [2013] 2023. Any vacancy shall be filled by the original 204
262+appointing authority by appointment for the unexpired portion of any 205
263+term. Members of the council shall serve until their respective 206
264+successors are appointed and approved by the General Assembly. 207
265+(b) [The members of the council shall choose one of the members of 208
266+the council to be chairperson of the council.] The Governor shall appoint 209 Raised Bill No. 1082
267+
268+
269+
270+LCO No. 4683 8 of 14
271+
272+two cochairpersons of the council from among the members of the 210
273+council, one of whom shall regularly use commuter railroad systems 211
274+and one of whom shall regularly use state-owned or controlled bus 212
275+public transportation services. A majority of the members of the council 213
276+then in office shall constitute a quorum for the transaction of any 214
277+business, and action shall be by vote of a majority of the members 215
278+present at a meeting. The council shall meet at least once during each 216
279+calendar quarter and at such other times as the [chairperson deems] 217
280+cochairpersons deem necessary or upon the request of a majority of the 218
281+members in office. Special meetings shall be held at the request of such 219
282+majority after notice in accordance with the provisions of section 1-225. 220
283+Any member who fails to attend fifty per cent of all meetings held 221
284+during any calendar year or who fails to attend three consecutive 222
285+meetings shall be deemed to have resigned from office. 223
286+(c) The Department of Transportation shall maintain records of each 224
287+request for information and data received from the council and denote 225
288+the status of any such request. 226
289+Sec. 11. Section 13b-212c of the general statutes is repealed and the 227
290+following is substituted in lieu thereof (Effective July 1, 2023): 228
291+The Connecticut [Commuter Rail] Public Transportation Council 229
292+shall [study and investigate all aspects of the daily] monitor the 230
293+performance and operation of [commuter rail lines] the commuter 231
294+railroad systems and state-owned or controlled bus pu blic 232
295+transportation services in the state [, monitor their performance] and 233
296+recommend changes to improve the efficiency, equity and [the] quality 234
297+of service [of the operation of such lines] on such systems and services. 235
298+The council may request [and shall receive] from any department, 236
299+division, board, bureau, commission, agency [,] or public authority of 237
300+the state, or any political subdivision thereof, such assistance and data 238
301+[as it requests and] that will enable it to properly carry out its activities 239
302+for the purposes set forth in this section. The council shall also [work 240
303+with the Department of Transportation to] serve as an advocate for 241
304+customers of all commuter [lines] railroad systems and state-owned or 242 Raised Bill No. 1082
305+
306+
307+
308+LCO No. 4683 9 of 14
309+
310+controlled bus public transportation services in the state. [and shall 243
311+make recommendations for improvements to such lines.] The council 244
312+shall report its findings and recommendations annually on or before 245
313+January fifteenth, to the Governor, the Commissioner of Transportation, 246
314+the General Assembly, the Metro North Rail Commuter Council located 247
315+in the state of New York and the management advisory board of the 248
316+office of the inspector general of the Metropolitan Transportation 249
317+Authority located in the state of New York. 250
318+Sec. 12. Section 20 of public act 21-175 is repealed and the following 251
319+is substituted in lieu thereof (Effective from passage): 252
320+The Commissioner of Transportation shall study the feasibility of (1) 253
321+extending the Shore Line East rail line to the state of Rhode Island, (2) 254
322+establishing a new passenger rail service from the town of New London 255
323+to the town of Norwich, (3) establishing a new passenger train station in 256
324+the town of Groton and the borough of Stonington, and (4) extending 257
325+ground transportation systems in the eastern region of the state and 258
326+providing interconnection between such systems and rail lines. The 259
327+commissioner may seek and use any available federal funds to conduct 260
328+such study. On or before [January] December 1, 2023, the commissioner 261
329+shall submit the results of such study to the joint standing committee of 262
330+the General Assembly having cognizance of matters relating to 263
331+transportation, in accordance with the provisions of section 11-4a of the 264
332+general statutes. 265
333+Sec. 13. Section 13b-103 of the general statutes is repealed and the 266
334+following is substituted in lieu thereof (Effective October 1, 2023): 267
335+(a) (1) No person, association, limited liability company or 268
336+corporation shall operate a motor vehicle in livery service until such 269
337+person, association, limited liability company or corporation has 270
338+obtained a permit from the Department of Transportation, specifying 271
339+the nature and extent of the service to be rendered and certifying that 272
340+public convenience and necessity will be improved by the operation and 273
341+conduct of such livery service. Such permits shall be issued only after a 274 Raised Bill No. 1082
342+
343+
344+
345+LCO No. 4683 10 of 14
346+
347+written application for the same has been made and a public hearing has 275
348+been held thereon. Upon receipt of such application, together with the 276
349+payment of a fee of two hundred dollars, the department shall fix a time 277
350+and place of hearing thereon, within a reasonable time, and shall 278
351+promptly give written notice of the pendency of such application and of 279
352+the time and place of such hearing to each applicant, the mayor of each 280
353+city, the warden of each borough and the first selectman of each town, 281
354+within which any such applicant desires to maintain an office or 282
355+headquarters, to any carrier legally operating motor vehicles in livery 283
356+service within the same territory and to other interested parties as 284
357+determined by the department. (2) Notwithstanding the provisions of 285
358+subdivision (1) of this subsection, the department may issue a permit for 286
359+the operation of vehicles (A) having a capacity of less than eleven adults 287
360+or to be used exclusively at funerals, weddings, christenings, 288
361+processions or celebrations, without holding a hearing and certifying 289
362+that public convenience and necessity would be improved by the 290
363+operation of such vehicles, or (B) having a capacity of not less than 291
364+eleven or more than fourteen adults and used for sightseeing and 292
365+related purposes, without holding a hearing, provided the department 293
366+issues a legal notice, as provided under section 1-2, of such application 294
367+and no objection is filed with the department within thirty days of 295
368+publication of such notice. (3) Notwithstanding the provisions of 296
369+subdivision (1) of this subsection, the department may issue a 297
370+temporary or permanent permit to any person, association, limited 298
371+liability company or corporation operating a motor vehicle engaged in 299
372+the transportation of passengers for hire by virtue of a contract with, or 300
373+a lower tier contract for, any federal, state or municipal agency that (A) 301
374+is in effect on July 1, 1997, with or without hearing, after a written 302
375+application for the same has been made and the department has 303
376+determined that the applicant meets the requirements of subsection (b) 304
377+of this section except with respect to public convenience and necessity, 305
378+or (B) becomes effective after July 1, 1997, with or without hearing, after 306
379+a written application for the same has been made and the department 307
380+has determined that the applicant meets the requirements of subsection 308
381+(b) of this section. Any such permit issued under the provisions of this 309 Raised Bill No. 1082
382+
383+
384+
385+LCO No. 4683 11 of 14
386+
387+subdivision (i) shall be limited to service provided under any such 310
388+contract, and (ii) with respect to any contract under the provisions of 311
389+subparagraph (A) of this subdivision, shall not authorize a total number 312
390+of motor vehicles exceeding the number required to provide service 313
391+existing under such contract on July 1, 1997. (4) Notwithstanding the 314
392+provisions of subdivision (1) of this subsection, the department shall 315
393+issue to any person who has an intrastate livery permit for at least one 316
394+year, upon the application of such person, up to two additional vehicle 317
395+authorizations each year without a hearing and without written notice 318
396+of the pendency of the application, if all the existing permits held by 319
397+such person are registered and in use and if there are no outstanding 320
398+violations or matters pending adjudication against such person. Such 321
399+person may submit a second application for up to two additional vehicle 322
400+authorizations for each such year. The department shall have thirty 323
401+calendar days to issue such amended permit upon receipt of an 324
402+application and the payment of the fee described in subdivision (1) of 325
403+this subsection. 326
404+(b) In determining whether or not such a permit will be granted, the 327
405+Department of Transportation shall take into consideration the present 328
406+or future public convenience and necessity for the service the applicant 329
407+proposes to render, the suitability of the applicant or the suitability of 330
408+the management if the applicant is a limited liability company or 331
409+corporation, the financial responsibility of the applicant, the ability of 332
410+the applicant efficiently and properly to perform the service for which 333
411+authority is requested and the fitness, willingness and ability of the 334
412+applicant to conform to the provisions of this chapter and the 335
413+requirements and regulations of the department under this chapter. 336
414+(c) Any interested party may bring a written petition to the 337
415+Department of Transportation in respect to fares, service, operation or 338
416+equipment, or the convenience, protection and safety of the public with 339
417+regard to any carrier operating a motor vehicle in livery service. 340
418+Thereupon, the department may fix a time and place for a hearing upon 341
419+such petition and give notice thereof. No permit shall be sold or 342
420+transferred until the department, upon written application to it setting 343 Raised Bill No. 1082
421+
422+
423+
424+LCO No. 4683 12 of 14
425+
426+forth the purpose, terms and conditions thereof and accompanied by a 344
427+fee of two hundred dollars, after investigation, approves the same. The 345
428+department may amend or, for sufficient cause shown, may suspend or 346
429+revoke any such permit. The department may order appropriate 347
430+corrective action as the department deems necessary, including, but not 348
431+limited to, the attendance of a motor vehicle operator retraining 349
432+program. The department may impose a civil penalty on any person or 350
433+any officer of any association, limited liability company or corporation 351
434+who violates any provision of this chapter or any regulation adopted 352
435+under section 13b-102, as amended by this act, with respect to fares, 353
436+service, operation, [or] equipment, management or staffing, in an 354
437+amount not to exceed one thousand dollars per day for each violation. 355
438+Prior to the imposition of a civil penalty under this subsection, the 356
439+department shall provide notice to said person or officer no later than 357
440+fifteen business days after receipt of information concerning an alleged 358
441+violation and shall provide an opportunity for a hearing. 359
442+[(d) The owner or operator of each motor vehicle in livery service 360
443+shall display in such vehicle such permit or a memorandum thereof.] 361
444+[(e)] (d) (1) Any person who holds himself or herself out to be the 362
445+operator of a motor vehicle in livery service who has not received a 363
446+permit under this section shall be guilty of a class B misdemeanor. 364
447+(2) The state shall remit to a municipality fifty per cent of the fine 365
448+amount received for a violation of subdivision (1) of this subsection with 366
449+respect to each summons issued by such municipality. Each clerk of the 367
450+Superior Court or the Chief Court Administrator, or any other official of 368
451+the Superior Court designated by the Chief Court Administrator, shall, 369
452+on or before the thirtieth day of January, April, July and October in each 370
453+year, certify to the Comptroller the amount due for the previous quarter 371
454+under this subsection to each municipality served by the office of the 372
455+clerk or official. 373
456+[(f)] (e) The Department of Transportation may revoke a permit 374
457+issued under this section or section 13b-105 without a hearing, provided 375 Raised Bill No. 1082
458+
459+
460+
461+LCO No. 4683 13 of 14
462+
463+(1) the department sends a notice of revocation to the permit holder at 376
464+the address of the permit holder on file with the department and (A) the 377
465+notice is returned as undeliverable or could not be delivered, or (B) the 378
466+permit holder fails to respond to the notice within the time period 379
467+specified by the department in such notice, (2) the department conducts 380
468+a physical inspection of the address of the permit holder on file with the 381
469+department and determines that no livery service is operated at such 382
470+address, and (3) no motor vehicle is registered by the permit holder with 383
471+the Department of Motor Vehicles to be used as specified in the permit 384
472+pursuant to section 13b-106. 385
473+Sec. 14. Subdivision (1) of subsection (a) of section 13b-102 of the 386
474+general statutes is repealed and the following is substituted in lieu 387
475+thereof (Effective October 1, 2023): 388
476+(a) (1) Each person, association, limited liability company or 389
477+corporation owning or operating a motor vehicle in livery service shall 390
478+be subject to the jurisdiction of the Department of Transportation, and 391
479+the department may prescribe adequate service and reasonable rates 392
480+and charges and prescribe and establish such reasonable regulations, in 393
481+accordance with the provisions of chapter 54, with respect to fares, 394
482+service, operation, [and] equipment, management and staffing as it 395
483+deems necessary for the convenience, protection, safety and best 396
484+interests of passengers and the public.397
202485 This act shall take effect as follows and shall amend the following
203486 sections:
204487
205488 Section 1 January 2, 2024 14-227a(a)
206489 Sec. 2 January 2, 2024 14-227b(n)
207490 Sec. 3 January 2, 2024 14-227m(a)
208491 Sec. 4 January 2, 2024 14-227n(a)
209492 Sec. 5 January 2, 2024 15-133(d)
210493 Sec. 6 January 2, 2024 15-140q(g)(4)
211494 Sec. 7 January 2, 2024 15-140q(n)
212495 Sec. 8 January 2, 2024 38a-498c
213496 Sec. 9 January 2, 2024 38a-525c
497+Sec. 10 July 1, 2023 13b-212b Raised Bill No. 1082
214498
215-TRA Joint Favorable Subst.
499+
500+
501+LCO No. 4683 14 of 14
502+
503+Sec. 11 July 1, 2023 13b-212c
504+Sec. 12 from passage PA 21-175, Sec. 20
505+Sec. 13 October 1, 2023 13b-103
506+Sec. 14 October 1, 2023 13b-102(a)(1)
507+
508+Statement of Purpose:
509+To implement recommendations of the Department of Transportation
510+concerning (1) lowering the blood alcohol content for driving and
511+boating under the influence from eight-hundredths to five-hundredths
512+of one per cent of alcohol, by weight, (2) establishing the Connecticut
513+Public Transportation Council, (3) requiring the results of the study
514+regarding the Shore Line East rail line be submitted on or before
515+December 1, 2023, and (4) motor vehicles in livery service.
516+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
517+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
518+underlined.]
216519