LCO No. 4739 1 of 8 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 Section 13b-105 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2025): 2 The Department of Transportation may, with or without hearing, 3 issue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 Raised Bill No. 1323 LCO No. 4739 2 of 8 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 Raised Bill No. 1323 LCO No. 4739 3 of 8 (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 Raised Bill No. 1323 LCO No. 4739 4 of 8 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 Raised Bill No. 1323 LCO No. 4739 5 of 8 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 Raised Bill No. 1323 LCO No. 4739 6 of 8 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 Raised Bill No. 1323 LCO No. 4739 7 of 8 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 Raised Bill No. 1323 LCO No. 4739 8 of 8 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.]