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59 | | - | repealed and the following is substituted in lieu thereof (Effective 37 |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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
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| 224 | + | [of a municipality in which the Commissioner of Transportation has 172 |
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| 225 | + | proposed a new rail line or in which a rail line has commenced operation 173 |
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| 226 | + | after July 1, 2013] who regularly use the transportation services of the 174 |
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| 227 | + | Hartford railroad line, or (4) residents who regularly use state-owned or 175 Raised Bill No. 1082 |
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| 228 | + | |
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| 229 | + | |
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| 230 | + | |
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| 231 | + | LCO No. 4683 7 of 14 |
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| 232 | + | |
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| 233 | + | controlled bus public transportation services. Members shall be 176 |
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| 234 | + | appointed as follows: (A) The Governor shall appoint [four] five 177 |
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| 235 | + | members, one of whom shall [be the chief elected official of a 178 |
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| 236 | + | municipality located on an operating or proposed new rail line] 179 |
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| 237 | + | regularly use commuter railroad systems and one of whom shall 180 |
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| 238 | + | regularly use state-owned or controlled bus public transportation 181 |
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| 239 | + | services; (B) the president pro tempore of the Senate shall appoint 182 |
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| 240 | + | [three] two members, one of whom shall be a resident who regularly 183 |
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| 241 | + | uses the transportation services of the New Haven commuter railroad 184 |
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| 242 | + | line; (C) the speaker of the House of Representatives shall appoint 185 |
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| 243 | + | [three] two members, one of whom shall be a resident who regularly 186 |
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| 244 | + | uses the transportation services of the Hartford railroad line; (D) the 187 |
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| 245 | + | minority leader of the Senate shall appoint one member; (E) the minority 188 |
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| 246 | + | leader of the House of Representatives shall appoint one member; (F) 189 |
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| 247 | + | the chairpersons of the joint standing committee of the General 190 |
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| 248 | + | Assembly having cognizance of matters relating to transportation shall 191 |
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| 249 | + | [each] jointly appoint one member, one of whom shall be [from a 192 |
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| 250 | + | municipality in which the Commissioner of Transportation has 193 |
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| 251 | + | proposed a new rail line or in which a rail line has commenced operation 194 |
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| 252 | + | after July 1, 2013, and one of whom shall be from a municipality in 195 |
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| 253 | + | which a station for the Shoreline East railroad line is located] a resident 196 |
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| 254 | + | who regularly uses the transportation services of the Shore Line East 197 |
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| 255 | + | railroad line; and (G) the ranking members of said committee shall 198 |
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| 256 | + | jointly appoint one member. [who shall be from a municipality served 199 |
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| 257 | + | by the Danbury or Waterbury branches of the New Haven commuter 200 |
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| 258 | + | railroad line.] Each member shall serve for a term of four years. All 201 |
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| 259 | + | initial appointments to the council shall be made by August 1, [2013] 202 |
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| 260 | + | 2023, and initial members shall serve a four-year term commencing on 203 |
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| 261 | + | August 1, [2013] 2023. Any vacancy shall be filled by the original 204 |
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| 262 | + | appointing authority by appointment for the unexpired portion of any 205 |
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| 263 | + | term. Members of the council shall serve until their respective 206 |
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| 264 | + | successors are appointed and approved by the General Assembly. 207 |
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| 265 | + | (b) [The members of the council shall choose one of the members of 208 |
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| 266 | + | the council to be chairperson of the council.] The Governor shall appoint 209 Raised Bill No. 1082 |
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| 267 | + | |
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| 268 | + | |
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| 269 | + | |
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| 270 | + | LCO No. 4683 8 of 14 |
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| 271 | + | |
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| 272 | + | two cochairpersons of the council from among the members of the 210 |
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| 273 | + | council, one of whom shall regularly use commuter railroad systems 211 |
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| 274 | + | and one of whom shall regularly use state-owned or controlled bus 212 |
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| 275 | + | public transportation services. A majority of the members of the council 213 |
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| 276 | + | then in office shall constitute a quorum for the transaction of any 214 |
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| 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 |
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| 279 | + | calendar quarter and at such other times as the [chairperson deems] 217 |
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| 280 | + | cochairpersons deem necessary or upon the request of a majority of the 218 |
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| 281 | + | members in office. Special meetings shall be held at the request of such 219 |
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| 282 | + | majority after notice in accordance with the provisions of section 1-225. 220 |
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| 283 | + | Any member who fails to attend fifty per cent of all meetings held 221 |
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| 284 | + | during any calendar year or who fails to attend three consecutive 222 |
---|
| 285 | + | meetings shall be deemed to have resigned from office. 223 |
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| 286 | + | (c) The Department of Transportation shall maintain records of each 224 |
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| 287 | + | request for information and data received from the council and denote 225 |
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| 288 | + | the status of any such request. 226 |
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| 289 | + | Sec. 11. Section 13b-212c of the general statutes is repealed and the 227 |
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| 290 | + | following is substituted in lieu thereof (Effective July 1, 2023): 228 |
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| 291 | + | The Connecticut [Commuter Rail] Public Transportation Council 229 |
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| 292 | + | shall [study and investigate all aspects of the daily] monitor the 230 |
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| 293 | + | performance and operation of [commuter rail lines] the commuter 231 |
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| 294 | + | railroad systems and state-owned or controlled bus pu blic 232 |
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| 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 |
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| 298 | + | The council may request [and shall receive] from any department, 236 |
---|
| 299 | + | division, board, bureau, commission, agency [,] or public authority of 237 |
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| 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 |
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| 305 | + | |
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| 306 | + | |
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| 307 | + | |
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| 308 | + | LCO No. 4683 9 of 14 |
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| 309 | + | |
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| 310 | + | controlled bus public transportation services in the state. [and shall 243 |
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| 311 | + | make recommendations for improvements to such lines.] The council 244 |
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| 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 |
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| 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 |
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| 317 | + | Authority located in the state of New York. 250 |
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| 318 | + | Sec. 12. Section 20 of public act 21-175 is repealed and the following 251 |
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| 319 | + | is substituted in lieu thereof (Effective from passage): 252 |
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| 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 |
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| 325 | + | ground transportation systems in the eastern region of the state and 258 |
---|
| 326 | + | providing interconnection between such systems and rail lines. The 259 |
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| 327 | + | commissioner may seek and use any available federal funds to conduct 260 |
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| 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 |
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| 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 |
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| 332 | + | general statutes. 265 |
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| 333 | + | Sec. 13. Section 13b-103 of the general statutes is repealed and the 266 |
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| 334 | + | following is substituted in lieu thereof (Effective October 1, 2023): 267 |
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| 335 | + | (a) (1) No person, association, limited liability company or 268 |
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| 336 | + | corporation shall operate a motor vehicle in livery service until such 269 |
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| 337 | + | person, association, limited liability company or corporation has 270 |
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| 338 | + | obtained a permit from the Department of Transportation, specifying 271 |
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| 339 | + | the nature and extent of the service to be rendered and certifying that 272 |
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| 340 | + | public convenience and necessity will be improved by the operation and 273 |
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| 341 | + | conduct of such livery service. Such permits shall be issued only after a 274 Raised Bill No. 1082 |
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| 342 | + | |
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| 343 | + | |
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| 344 | + | |
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| 345 | + | LCO No. 4683 10 of 14 |
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| 346 | + | |
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| 347 | + | written application for the same has been made and a public hearing has 275 |
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| 348 | + | been held thereon. Upon receipt of such application, together with the 276 |
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| 349 | + | payment of a fee of two hundred dollars, the department shall fix a time 277 |
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| 350 | + | and place of hearing thereon, within a reasonable time, and shall 278 |
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| 351 | + | promptly give written notice of the pendency of such application and of 279 |
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| 352 | + | the time and place of such hearing to each applicant, the mayor of each 280 |
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| 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 |
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| 355 | + | headquarters, to any carrier legally operating motor vehicles in livery 283 |
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| 356 | + | service within the same territory and to other interested parties as 284 |
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| 357 | + | determined by the department. (2) Notwithstanding the provisions of 285 |
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| 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 |
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| 360 | + | or to be used exclusively at funerals, weddings, christenings, 288 |
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| 361 | + | processions or celebrations, without holding a hearing and certifying 289 |
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| 362 | + | that public convenience and necessity would be improved by the 290 |
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| 363 | + | operation of such vehicles, or (B) having a capacity of not less than 291 |
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| 364 | + | eleven or more than fourteen adults and used for sightseeing and 292 |
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| 365 | + | related purposes, without holding a hearing, provided the department 293 |
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| 366 | + | issues a legal notice, as provided under section 1-2, of such application 294 |
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| 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 |
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| 369 | + | subdivision (1) of this subsection, the department may issue a 297 |
---|
| 370 | + | temporary or permanent permit to any person, association, limited 298 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 381 | + | (b) of this section. Any such permit issued under the provisions of this 309 Raised Bill No. 1082 |
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| 382 | + | |
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| 383 | + | |
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| 384 | + | |
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| 385 | + | LCO No. 4683 11 of 14 |
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| 386 | + | |
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| 387 | + | subdivision (i) shall be limited to service provided under any such 310 |
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| 388 | + | contract, and (ii) with respect to any contract under the provisions of 311 |
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| 389 | + | subparagraph (A) of this subdivision, shall not authorize a total number 312 |
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| 390 | + | of motor vehicles exceeding the number required to provide service 313 |
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| 391 | + | existing under such contract on July 1, 1997. (4) Notwithstanding the 314 |
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| 392 | + | provisions of subdivision (1) of this subsection, the department shall 315 |
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| 393 | + | issue to any person who has an intrastate livery permit for at least one 316 |
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| 394 | + | year, upon the application of such person, up to two additional vehicle 317 |
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| 395 | + | authorizations each year without a hearing and without written notice 318 |
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| 396 | + | of the pendency of the application, if all the existing permits held by 319 |
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| 397 | + | such person are registered and in use and if there are no outstanding 320 |
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| 398 | + | violations or matters pending adjudication against such person. Such 321 |
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| 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 |
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| 401 | + | calendar days to issue such amended permit upon receipt of an 324 |
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| 402 | + | application and the payment of the fee described in subdivision (1) of 325 |
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| 403 | + | this subsection. 326 |
---|
| 404 | + | (b) In determining whether or not such a permit will be granted, the 327 |
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| 405 | + | Department of Transportation shall take into consideration the present 328 |
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| 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 |
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| 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 |
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| 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 |
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| 421 | + | |
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| 422 | + | |
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| 423 | + | |
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| 424 | + | LCO No. 4683 12 of 14 |
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| 425 | + | |
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| 426 | + | forth the purpose, terms and conditions thereof and accompanied by a 344 |
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| 427 | + | fee of two hundred dollars, after investigation, approves the same. The 345 |
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| 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 |
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| 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 |
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| 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 |
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| 458 | + | |
---|
| 459 | + | |
---|
| 460 | + | |
---|
| 461 | + | LCO No. 4683 13 of 14 |
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| 462 | + | |
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| 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 |
---|