Connecticut 2025 Regular Session

Connecticut Senate Bill SB01323 Latest Draft

Bill / Introduced Version Filed 02/13/2025

                                
 
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General Assembly  Raised Bill No. 1323  
January Session, 2025 
LCO No. 4739 
 
 
Referred to Committee on PUBLIC HEALTH  
 
 
Introduced by:  
(PH)  
 
 
 
 
AN ACT CONCERNING THE NONEMERGENCY TRANSPORTATION 
OF PERSONS VIA STRETCHER VANS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 13b-105 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2025): 2 
The Department of Transportation may, with or without hearing, 3 
issue temporary and permanent livery permits to applicants for the 4 
express purpose of providing reasonable livery service to persons who 5 
are elderly and persons with disabilities on regular or irregular routes 6 
where the department finds no existing service or that the existing 7 
service is not adequate to properly serve the special needs of persons 8 
who are elderly and persons with disabilities. Temporary authority 9 
shall not extend over a period of more than sixty days. In determining 10 
the special needs of persons who are elderly and persons with 11 
disabilities, the department may take into consideration the 12 
convenience and the physical and mental frailties of, and the care, safety 13 
and protection necessary for the best interest of, persons who are 14 
elderly, persons with disabilities and the general public. No applicant 15     
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shall be issued a temporary or permanent permit unless such applicant's 16 
motor vehicle meets the requirements of subsection (e) of section 14-17 
100a, [. Applicants who were issued a temporary or permanent permit 18 
prior to October 1, 2007, shall comply with the requirements of 19 
subsection (e) of section 14-100a not later than October 1, 2007] as 20 
amended by this act, or such applicant's stretcher van meets the 21 
requirements of subsection (f) of section 14-100a, as amended by this act. 22 
A temporary or permanent livery permit holder may use a stretcher van 23 
to transport a person who is elderly or a person with disabilities who 24 
requires nonemergency transportation on a stretcher but who does not 25 
require medical services during transport, in accordance with 26 
subsection (f) of section 14-100a, as amended by this act, provided (1) 27 
such person obtains and provides to the operator of the stretcher van, 28 
prior to such transport, a written statement from such person's primary 29 
care provider, as defined in section 19a-7o, that such person may be 30 
transported in a stretcher van, and (2) the operator of the stretcher van 31 
has received training in the lifting, moving and transport of a person on 32 
a stretcher that is equivalent to the training provided to emergency 33 
medical services personnel, as defined in section 19a-180b, and 34 
provided documentation of such training to the department in a form 35 
and manner prescribed by the Commissioner of Transportation. For the 36 
purposes of this section, "stretcher van" means a van designed and 37 
equipped to provide the nonemergency transportation of persons on a 38 
stretcher.  39 
Sec. 2. Section 14-100a of the general statutes is repealed and the 40 
following is substituted in lieu thereof (Effective October 1, 2025): 41 
(a) No new passenger motor vehicle may be sold or registered in this 42 
state unless equipped with at least two sets of seat safety belts for the 43 
front and rear seats of the motor vehicle, which belts comply with the 44 
requirements of subsection (b) of this section. The anchorage unit at the 45 
attachment point shall be of such construction, design and strength as 46 
to support a loop load strength of not less than four thousand pounds 47 
for each belt. 48     
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(b) No seat safety belt may be sold for use in connection with the 49 
operation of a motor vehicle on any highway of this state unless it is so 50 
constructed and installed as to have a loop strength through the 51 
complete attachment of not less than four thousand pounds, and the 52 
buckle or closing device shall be of such construction and design that 53 
after it has received the aforesaid loop belt load it can be released with 54 
one hand with a pull of less than forty-five pounds. 55 
(c) (1) The operator of and any passenger in any motor vehicle or fire 56 
fighting apparatus originally equipped with seat safety belts complying 57 
with the provisions of 49 CFR 571.209, as amended from time to time, 58 
shall wear such seat safety belt while the vehicle or fire fighting 59 
apparatus is being operated on any highway, except as follows: 60 
(A) A child under eight years of age shall be restrained as provided 61 
in subsection (d) of this section; and 62 
(B) The operator of such vehicle shall secure or cause to be secured in 63 
a seat safety belt any passenger eight years of age or older and under 64 
sixteen years of age. 65 
(2) The provisions of subdivision (1) of this subsection shall not apply 66 
to: (A) Any person whose physical disability or impairment would 67 
prevent restraint in such safety belt, provided such person obtains a 68 
written statement from a licensed physician, a licensed physician 69 
assistant or a licensed advanced practice registered nurse containing 70 
reasons for such person's inability to wear such safety belt and including 71 
information concerning the nature and extent of such condition. Such 72 
person shall carry the statement on his or her person or in the motor 73 
vehicle at all times when it is being operated, (B) an authorized 74 
emergency vehicle, other than fire fighting apparatus, responding to an 75 
emergency call or a motor vehicle operated by a rural letter carrier of 76 
the United States postal service while performing his or her official 77 
duties or by a person engaged in the delivery of newspapers, or (C) any 78 
passenger on a bus, as defined in 49 USC 30127, as amended from time 79     
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to time. 80 
(3) Failure to wear a seat safety belt shall not be considered as 81 
contributory negligence nor shall such failure be admissible evidence in 82 
any civil action. 83 
(4) No law enforcement official may stop a motor vehicle solely for 84 
the apparent or actual failure of a back seat passenger who is sixteen 85 
years of age or older to wear a seat safety belt. 86 
(5) Any operator of a motor vehicle, who is eighteen years of age or 87 
older, and any passenger in such motor vehicle, who violates any 88 
provision of this subsection shall have committed an infraction and shall 89 
be fined fifty dollars. Any operator of a motor vehicle who is under 90 
eighteen years of age and any passenger in such motor vehicle who 91 
violates any provision of this subsection shall have committed an 92 
infraction and shall be fined seventy-five dollars. Points may not be 93 
assessed against the operator's license of any person convicted of such 94 
violation. 95 
(d) (1) (A) Any person who transports a child under two years of age 96 
or weighing less than thirty pounds in a motor vehicle on the highways 97 
of this state shall provide and require the child to ride rear-facing in a 98 
child restraint system equipped with a five-point harness approved 99 
pursuant to regulations that the Department of Motor Vehicles shall 100 
adopt in accordance with the provisions of chapter 54. 101 
(B) Any person who transports a child under five years of age, but 102 
not under two years of age, or weighing less than forty pounds, but not 103 
less than thirty pounds, in a motor vehicle on the highways of this state 104 
shall provide and require the child to ride rear-facing or forward-facing 105 
in a child restraint system equipped with a five-point harness approved 106 
pursuant to such regulations. 107 
(C) Any person who transports a child under eight years of age, but 108 
not under five years of age, or weighing less than sixty pounds, but not 109     
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less than forty pounds, in a motor vehicle on the highways of this state 110 
shall provide and require the child to ride rear-facing or forward-facing 111 
in a child restraint system equipped with a five-point harness or a 112 
booster seat secured by a seat safety belt approved pursuant to such 113 
regulations. 114 
(D) No person shall transport a child in a motor vehicle on the 115 
highways of this state in a rear-facing child restraint system in the front 116 
seat of any motor vehicle that is equipped with a functional air bag on 117 
the passenger side of such motor vehicle. 118 
(2) Any person who transports a child eight years of age or older and 119 
weighing sixty or more pounds in a motor vehicle on the highways of 120 
this state shall either provide and require the child to use an approved 121 
child restraint system or require the child to use a seat safety belt. Failure 122 
to use a child restraint system shall not be considered as contributory 123 
negligence nor shall such failure be admissible evidence in any civil 124 
action. As used in this subsection, "motor vehicle" does not mean a bus 125 
having a tonnage rating of one ton or more. 126 
(3) Notwithstanding the provisions of subdivision (1) of this 127 
subsection, any person who transports a child four years of age or older 128 
in a student transportation vehicle, as defined in section 14-212, on the 129 
highways of this state shall either provide and require the child to use 130 
an approved child restraint system or require the child to use a seat 131 
safety belt. Any person who transports a child under four years of age 132 
weighing less than forty pounds in a student transportation vehicle on 133 
the highways of this state shall provide and require the child to use a 134 
child restraint system approved pursuant to such regulations. 135 
(4) No person shall restrain a child in a booster seat unless the motor 136 
vehicle is equipped with a safety seat belt that includes a shoulder belt 137 
and otherwise meets the requirement of subsection (b) of this section. 138 
(5) Any person who violates the provisions of subdivision (1), (2), (3) 139 
or (4) of this subsection shall, for a first violation, have committed an 140     
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infraction; for a second violation, be fined not more than one hundred 141 
ninety-nine dollars; and, for a third or subsequent violation, be guilty of 142 
a class A misdemeanor. The court may, subsequent to the violation but 143 
prior to the imposition of a fine, remit the fine for a first-time violator 144 
who presents proof of the acquisition, rental or purchase of a child 145 
restraint system or booster seat appropriate for the weight and age of 146 
the child that such person transports not later than fourteen days from 147 
the date of the violation. The commissioner shall require any person 148 
who has committed a first or second violation of the provisions of this 149 
subsection to attend a child car seat safety course offered or approved 150 
by the Department of Motor Vehicles. The commissioner may, after 151 
notice and an opportunity for a hearing, suspend for a period of not 152 
more than two months the motor vehicle operator's license of any 153 
person who fails to attend or successfully complete the course. 154 
(e) (1) Any person who transports an individual who remains in a 155 
wheelchair while being transferred into and out of a vehicle, in any 156 
motor vehicle on the highways of this state, shall provide and require 157 
the use of a device designed to secure individuals in wheelchairs while 158 
transferring such individuals from the ground to the vehicle and from 159 
the time the motor vehicle is brought to a stop until such individuals are 160 
transferred from the vehicle to the ground. Such device shall be located 161 
in the motor vehicle at all times. The Commissioner of Motor Vehicles 162 
may, after consultation with the [Departments] Commissioners of 163 
Transportation and Public Health, establish regulations to implement 164 
the provisions of this section and sections 13b-105, as amended by this 165 
act, and 14-102a, subsection (d) of section 14-103, subsection (a) of 166 
section 14-275 and subsection (a) of section 19a-180. 167 
(2) The following motor vehicles registered in this state for the first 168 
time on or after October 1, 2007, that transport individuals who remain 169 
in wheelchairs while being transported, shall, in addition to the 170 
requirements of subdivision (1) of this subsection, install or provide and 171 
require the use of a device that secures the wheelchair to the motor 172 
vehicle's mechanical lift or otherwise prevents or seeks to prevent an 173     
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individual in a wheelchair from falling from such mechanical lift or 174 
motor vehicle: (A) Motor vehicles in livery service, as defined in section 175 
13b-101, (B) service buses, as defined in section 14-1, (C) invalid coaches, 176 
as defined in section 19a-175, (D) vanpool vehicles, as defined in section 177 
14-1, (E) school buses, [as defined in section 14-1,] (F) motor buses, [as 178 
defined in section 14-1,] (G) student transportation vehicles, [as defined 179 
in section 14-212,] and (H) camp vehicles. [, as defined in section 14-1.] 180 
The provisions of this subsection shall also apply to all motor vehicles 181 
used by municipal, volunteer and commercial ambulance services and 182 
rescue services, as defined in section 19a-175. 183 
(3) Violation of any provision of this subsection is an infraction. 184 
(f) (1) Any livery permit holder who transports an individual who 185 
remains on a stretcher while being transferred into and out of a stretcher 186 
van, pursuant to section 13b-105, as amended by this act, shall provide 187 
and require the use of a device designed to secure such individual in the 188 
stretcher while transferring such individual from the ground to the 189 
stretcher van and from the time the stretcher van is brought to a stop 190 
until such individual is transferred from the stretcher van to the ground. 191 
Such device shall be located in the stretcher van at all times. 192 
(2) Any livery permit holder who transports an individual who 193 
remains on a stretcher while being transported in a stretcher van shall 194 
ensure that an attendant, in addition to the operator of the stretcher van, 195 
accompany such individual during transport. For the purposes of this 196 
subdivision, "attendant" means a person who (A) was trained in the 197 
lifting, moving and transport of a person on a stretcher that is equivalent 198 
to the training provided to emergency medical services personnel, as 199 
defined in section 19a-180b, and (B) provided documentation of such 200 
training to the Department of Transportation in a form and manner 201 
prescribed by the Commissioner of Transportation. 202 
(3) Violation of any provision of this subsection is an infraction. 203 
[(f)] (g) The commissioner shall administer the provisions of this 204     
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section. 205 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2025 13b-105 
Sec. 2 October 1, 2025 14-100a 
 
Statement of Purpose:   
To provide elderly persons and persons with disabilities an opportunity 
to travel in a stretcher van instead of an ambulance. 
 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]