37 | | - | (5) "Traffic authority" has the same meaning as provided in section 18 |
---|
38 | | - | 14-297; 19 |
---|
39 | | - | (6) "Light-duty towing or transporting" means the nonconsensual 20 |
---|
40 | | - | towing or transporting of a motor vehicle with a gross vehicle weight 21 |
---|
41 | | - | rating of less than ten thousand pounds; 22 |
---|
42 | | - | (7) "Medium-duty towing or transporting" means the nonconsensual 23 |
---|
43 | | - | towing or transporting and recovery of a motor vehicle with a gross 24 |
---|
44 | | - | vehicle weight rating of ten thousand pounds or more but not more than 25 |
---|
45 | | - | twenty-six thousand pounds; and 26 |
---|
46 | | - | (8) "Heavy-duty towing or transporting" means the nonconsensual 27 |
---|
47 | | - | towing or transporting and recovery of a motor vehicle with a gross 28 |
---|
48 | | - | vehicle weight rating of more than twenty-six thousand pounds. 29 |
---|
49 | | - | [(a)] (b) (1) No person, firm or corporation shall engage in the 30 |
---|
50 | | - | business of operating a wrecker for the purpose of towing or 31 |
---|
51 | | - | transporting motor vehicles, including motor vehicles which are 32 |
---|
52 | | - | disabled, inoperative or wrecked or are being removed in accordance 33 |
---|
53 | | - | with the provisions of section 14-145, as amended by this act, 14-150 or 34 |
---|
54 | | - | 14-307, unless such person, firm or corporation is a motor vehicle dealer 35 |
---|
55 | | - | or repairer licensed under the provisions of [subpart (D) of this part] 36 |
---|
56 | | - | section 14-52. 37 |
---|
57 | | - | (2) (A) The commissioner shall establish and publish a schedule of 38 |
---|
58 | | - | uniform rates and charges for the [nonconsensual] light-duty towing 39 |
---|
59 | | - | and transporting of motor vehicles and for the storage of motor vehicles 40 |
---|
60 | | - | which shall be just and reasonable. Upon petition of any [person, firm 41 |
---|
61 | | - | or corporation licensed in accordance with the provisions of this section] 42 |
---|
62 | | - | wrecker service that performs light-duty towing or transporting, but not 43 |
---|
63 | | - | more frequently than once every two years, the commissioner shall 44 |
---|
64 | | - | reconsider the established rates and charges and shall amend such rates 45 |
---|
65 | | - | and charges if the commissioner, after consideration of the factors stated 46 |
---|
66 | | - | in this [subdivision] subparagraph, determines that such rates and 47 |
---|
67 | | - | charges are no longer just and reasonable. In establishing and amending 48 |
---|
68 | | - | such rates and charges, the commissioner may consider factors, 49 Substitute Bill No. 1449 |
---|
| 41 | + | LCO No. 5788 2 of 32 |
---|
| 42 | + | |
---|
| 43 | + | (4) "Police officer" has the same meaning as provided in section 7-15 |
---|
| 44 | + | 294a; 16 |
---|
| 45 | + | (5) "Traffic authority" has the same meaning as provided in section 17 |
---|
| 46 | + | 14-297; 18 |
---|
| 47 | + | (6) "Medium-duty towing" means the towing or transporting and 19 |
---|
| 48 | + | recovery of a motor vehicle with a gross vehicle weight rating of ten 20 |
---|
| 49 | + | thousand pounds or more but not more than twenty-six thousand 21 |
---|
| 50 | + | pounds; and 22 |
---|
| 51 | + | (7) "Heavy-duty towing" means the towing or transporting and 23 |
---|
| 52 | + | recovery of a motor vehicle with a gross vehicle weight rating of more 24 |
---|
| 53 | + | than twenty-six thousand pounds. 25 |
---|
| 54 | + | [(a)] (b) (1) No person, firm or corporation shall engage in the 26 |
---|
| 55 | + | business of operating a wrecker for the purpose of towing or 27 |
---|
| 56 | + | transporting motor vehicles, including motor vehicles which are 28 |
---|
| 57 | + | disabled, inoperative or wrecked or are being removed in accordance 29 |
---|
| 58 | + | with the provisions of section 14-145, as amended by this act, 14-150 or 30 |
---|
| 59 | + | 14-307, unless such person, firm or corporation is a motor vehicle dealer 31 |
---|
| 60 | + | or repairer licensed under the provisions of [subpart (D) of this part] 32 |
---|
| 61 | + | section 14-52. 33 |
---|
| 62 | + | (2) [The] (A) Except as provided in subparagraph (B) of this 34 |
---|
| 63 | + | subdivision, the commissioner shall establish and publish a schedule of 35 |
---|
| 64 | + | uniform rates and charges for the nonconsensual towing and 36 |
---|
| 65 | + | transporting of motor vehicles and for the storage of motor vehicles 37 |
---|
| 66 | + | which shall be just and reasonable. Upon petition of any [person, firm 38 |
---|
| 67 | + | or corporation licensed in accordance with the provisions of this section] 39 |
---|
| 68 | + | wrecker service, but not more frequently than once every two years, the 40 |
---|
| 69 | + | commissioner shall reconsider the established rates and charges and 41 |
---|
| 70 | + | shall amend such rates and charges if the commissioner, after 42 |
---|
| 71 | + | consideration of the factors stated in this [subdivision] subparagraph, 43 |
---|
| 72 | + | determines that such rates and charges are no longer just and 44 |
---|
| 73 | + | reasonable. In establishing and amending such rates and charges, the 45 |
---|
| 74 | + | Raised Bill No. 1449 |
---|
73 | | - | including, but not limited to, the Consumer Price Index, rates set by 50 |
---|
74 | | - | other jurisdictions, charges for towing and transporting services 51 |
---|
75 | | - | provided pursuant to a contract with an automobile club or automobile 52 |
---|
76 | | - | association licensed under the provisions of section 14-67 and rates 53 |
---|
77 | | - | published in standard service manuals. The commissioner shall hold a 54 |
---|
78 | | - | public hearing for the purpose of obtaining additional information 55 |
---|
79 | | - | concerning such rates and charges. 56 |
---|
80 | | - | (B) (i) The commissioner shall establish and publish a schedule of 57 |
---|
81 | | - | uniform hourly rates and itemized charges for medium-duty and 58 |
---|
82 | | - | heavy-duty towing and transporting and any other associated charges 59 |
---|
83 | | - | for services that may not be connected to the provision of such towing 60 |
---|
84 | | - | or transporting. Such rates and charges shall be just and reasonable and 61 |
---|
85 | | - | reflect the reasonable operating costs of wrecker services that perform 62 |
---|
86 | | - | medium-duty and heavy-duty towing or transporting. In establishing 63 |
---|
87 | | - | and amending such rates, the commissioner shall consider factors, 64 |
---|
88 | | - | including, but not limited to, the cost of equipment required by 65 |
---|
89 | | - | regulations adopted pursuant to section 29-23a, as amended by this act, 66 |
---|
90 | | - | the risk to persons who perform medium-duty and heavy-duty towing 67 |
---|
91 | | - | or transporting, the cost of insurance, the most recent transportation 68 |
---|
92 | | - | producer price index published by the United States Department of 69 |
---|
93 | | - | Transportation, rates set by other jurisdictions and rates for consensual 70 |
---|
94 | | - | towing of motor vehicles with a gross vehicle weight rating of ten 71 |
---|
95 | | - | thousand pounds or more. 72 |
---|
96 | | - | (ii) Not later than ninety days after receipt of a proposed schedule of 73 |
---|
97 | | - | uniform hourly rates and itemized charges, other associated charges 74 |
---|
98 | | - | and any supporting documentation from the Medium-Duty and Heavy-75 |
---|
99 | | - | Duty Towing Advisory Council pursuant to section 2 of this act, the 76 |
---|
100 | | - | commissioner (I) may hold a public hearing for the purpose of obtaining 77 |
---|
101 | | - | additional information concerning such proposed schedule of uniform 78 |
---|
102 | | - | hourly rates, itemized charges and other associated charges, and (II) 79 |
---|
103 | | - | shall establish and publish a schedule of uniform hourly rates for the 80 |
---|
104 | | - | itemized charges and other associated charges. The commissioner shall 81 |
---|
105 | | - | not amend the services that the advisory council included in its 82 |
---|
106 | | - | proposed schedule of uniform hourly rates and itemized charges, but 83 Substitute Bill No. 1449 |
---|
| 78 | + | LCO No. 5788 3 of 32 |
---|
| 79 | + | |
---|
| 80 | + | commissioner may consider factors, including, but not limited to, the 46 |
---|
| 81 | + | Consumer Price Index, rates set by other jurisdictions, charges for 47 |
---|
| 82 | + | towing [and] or transporting services provided pursuant to a contract 48 |
---|
| 83 | + | with an automobile club or automobile association licensed under the 49 |
---|
| 84 | + | provisions of section 14-67 and rates published in standard service 50 |
---|
| 85 | + | manuals. The commissioner shall hold a public hearing for the purpose 51 |
---|
| 86 | + | of obtaining additional information concerning such rates and charges. 52 |
---|
| 87 | + | (B) The commissioner, in consultation with the Commissioner of 53 |
---|
| 88 | + | Emergency Services and Public Protection, shall establish and publish a 54 |
---|
| 89 | + | schedule of uniform rates and charges for medium-duty and heavy-55 |
---|
| 90 | + | duty towing initiated by order of a police officer or traffic authority 56 |
---|
| 91 | + | which shall be just and reasonable. In establishing and amending such 57 |
---|
| 92 | + | rates and charges, the commissioner shall consider the 58 |
---|
| 93 | + | recommendations by the Medium-Duty and Heavy-Duty Towing 59 |
---|
| 94 | + | Advisory Council established pursuant to section 2 of this act. Not later 60 |
---|
| 95 | + | than ninety days after the receipt of a recommendation by the advisory 61 |
---|
| 96 | + | council to amend such rates and charges, the commissioner shall 62 |
---|
| 97 | + | reconsider the established rates and charges and may amend such rates 63 |
---|
| 98 | + | and charges if the commissioner determines that the rates and charges 64 |
---|
| 99 | + | are no longer just and reasonable. 65 |
---|
| 100 | + | (3) With respect to the nonconsensual towing or transporting and the 66 |
---|
| 101 | + | storage of motor vehicles, no [such person, firm or corporation] wrecker 67 |
---|
| 102 | + | service shall charge more than the rates and charges published by the 68 |
---|
| 103 | + | commissioner pursuant to subparagraph (A) or (B) of subdivision (2) of 69 |
---|
| 104 | + | this subsection. Any person aggrieved by any action of the 70 |
---|
| 105 | + | commissioner under the provisions of this section may take an appeal 71 |
---|
| 106 | + | therefrom in accordance with section 4-183, except venue for such 72 |
---|
| 107 | + | appeal shall be in the judicial district of New Britain. 73 |
---|
| 108 | + | [(b)] (c) (1) The commissioner, or an inspector authorized by the 74 |
---|
| 109 | + | commissioner, shall examine each wrecker, including its number, 75 |
---|
| 110 | + | equipment and identification, and shall determine the mechanical 76 |
---|
| 111 | + | condition of such wrecker and whether or not it is properly equipped to 77 |
---|
| 112 | + | Raised Bill No. 1449 |
---|
111 | | - | the commissioner may amend the amount of the hourly rates or flat 84 |
---|
112 | | - | charges. If the commissioner amends the proposed hourly rates or flat 85 |
---|
113 | | - | charges, the commissioner shall provide a written explanation to the 86 |
---|
114 | | - | council of the reason for such amendment. 87 |
---|
115 | | - | (3) With respect to the nonconsensual towing or transporting and the 88 |
---|
116 | | - | storage of motor vehicles, no [such person, firm or corporation] wrecker 89 |
---|
117 | | - | service shall charge more than the rates and charges published by the 90 |
---|
118 | | - | commissioner pursuant to subparagraph (A) or (B) of subdivision (2) of 91 |
---|
119 | | - | this subsection. With respect to the provision of medium-duty and 92 |
---|
120 | | - | heavy-duty towing or transporting, no wrecker shall charge for services 93 |
---|
121 | | - | or items that are not included in the schedule published by the 94 |
---|
122 | | - | commissioner pursuant to subparagraph (B) of subdivision (2) of this 95 |
---|
123 | | - | subsection. Any person aggrieved by any action of the commissioner 96 |
---|
124 | | - | under the provisions of this section may [take an] appeal therefrom in 97 |
---|
125 | | - | accordance with section 4-183, except venue for such appeal shall be in 98 |
---|
126 | | - | the judicial district of New Britain. 99 |
---|
127 | | - | [(b)] (c) (1) The commissioner, or an inspector authorized by the 100 |
---|
128 | | - | commissioner, shall examine each wrecker, including its number, 101 |
---|
129 | | - | equipment and identification, and shall determine the mechanical 102 |
---|
130 | | - | condition of such wrecker and whether or not it is properly equipped to 103 |
---|
131 | | - | do the work intended. A wrecker shall be deemed properly equipped if 104 |
---|
132 | | - | there are flashing yellow lights installed and mounted on such wrecker 105 |
---|
133 | | - | that [(1)] (A) show in all directions at all times, and [(2)] (B) are as close 106 |
---|
134 | | - | to the back of the cab of such wrecker as practicable. Such lights shall be 107 |
---|
135 | | - | in operation when such wrecker is towing a vehicle and when such 108 |
---|
136 | | - | wrecker is at the scene of an accident or the location of a disabled motor 109 |
---|
137 | | - | vehicle. In addition, each wrecker shall be equipped with a spot light 110 |
---|
138 | | - | mounted so that its beam of light is directed toward the hoisting 111 |
---|
139 | | - | equipment in the rear of such wrecker. The hoisting equipment of each 112 |
---|
140 | | - | wrecker shall be of sufficient capacity to perform the service intended 113 |
---|
141 | | - | and shall be securely mounted to the frame of such vehicle. A fire 114 |
---|
142 | | - | extinguisher shall be carried at all times on each wrecker which shall be 115 |
---|
143 | | - | in proper working condition, mounted in a permanent bracket on each 116 |
---|
144 | | - | wrecker and have a minimum rating of eight bc. A set of three flares in 117 Substitute Bill No. 1449 |
---|
| 116 | + | LCO No. 5788 4 of 32 |
---|
| 117 | + | |
---|
| 118 | + | do the work intended. A wrecker shall be deemed properly equipped if 78 |
---|
| 119 | + | there are flashing yellow lights installed and mounted on such wrecker 79 |
---|
| 120 | + | that [(1)] (A) show in all directions at all times, and [(2)] (B) are as close 80 |
---|
| 121 | + | to the back of the cab of such wrecker as practicable. Such lights shall be 81 |
---|
| 122 | + | in operation when such wrecker is towing a vehicle and when such 82 |
---|
| 123 | + | wrecker is at the scene of an accident or the location of a disabled motor 83 |
---|
| 124 | + | vehicle. In addition, each wrecker shall be equipped with a spot light 84 |
---|
| 125 | + | mounted so that its beam of light is directed toward the hoisting 85 |
---|
| 126 | + | equipment in the rear of such wrecker. The hoisting equipment of each 86 |
---|
| 127 | + | wrecker shall be of sufficient capacity to perform the service intended 87 |
---|
| 128 | + | and shall be securely mounted to the frame of such vehicle. A fire 88 |
---|
| 129 | + | extinguisher shall be carried at all times on each wrecker which shall be 89 |
---|
| 130 | + | in proper working condition, mounted in a permanent bracket on each 90 |
---|
| 131 | + | wrecker and have a minimum rating of eight bc. A set of three flares in 91 |
---|
| 132 | + | operating condition shall be carried at all times on each wrecker and 92 |
---|
| 133 | + | shall be used between the periods of one-half hour after sunset and one-93 |
---|
| 134 | + | half hour before sunrise when the wrecker is parked on a highway while 94 |
---|
| 135 | + | making emergency repairs or preparing to pick up a disabled vehicle to 95 |
---|
| 136 | + | remove it from a highway or adjoining property. 96 |
---|
| 137 | + | (2) No [registrant or operator of any] wrecker service shall offer to 97 |
---|
| 138 | + | give any gratuities or inducements of any kind to any police officer or 98 |
---|
| 139 | + | other person in order to obtain towing business or recommendations for 99 |
---|
| 140 | + | towing or storage of, or estimating repairs to, disabled vehicles. 100 |
---|
| 141 | + | (3) No [licensee] wrecker service shall require the owner of the 101 |
---|
| 142 | + | disabled vehicle to sign a contract for the repair or storage of such 102 |
---|
| 143 | + | owner's [damaged] disabled vehicle as part of the towing consideration 103 |
---|
| 144 | + | or to sign an order for the repair of, or authorization for estimating 104 |
---|
| 145 | + | repairs to such vehicle, until the tow job has been completed. 105 |
---|
| 146 | + | (4) No [licensee] wrecker service shall tow a vehicle in such a 106 |
---|
| 147 | + | negligent manner as to cause further damage to the vehicle being towed. 107 |
---|
| 148 | + | (5) No [licensee] wrecker service shall knowingly permit any person 108 |
---|
| 149 | + | Raised Bill No. 1449 |
---|
149 | | - | operating condition shall be carried at all times on each wrecker and 118 |
---|
150 | | - | shall be used between the periods of one-half hour after sunset and one-119 |
---|
151 | | - | half hour before sunrise when the wrecker is parked on a highway while 120 |
---|
152 | | - | making emergency repairs or preparing to pick up a disabled vehicle to 121 |
---|
153 | | - | remove it from a highway or adjoining property. 122 |
---|
154 | | - | (2) No [registrant or operator of any] wrecker service shall offer to 123 |
---|
155 | | - | give any gratuities or inducements of any kind to any police officer, 124 |
---|
156 | | - | traffic authority or other person in order to obtain towing business or 125 |
---|
157 | | - | recommendations for towing or storage of, or estimating repairs to, 126 |
---|
158 | | - | disabled vehicles. 127 |
---|
159 | | - | (3) No [licensee] wrecker service shall require the owner of the 128 |
---|
160 | | - | disabled vehicle to sign a contract for the repair or storage of such 129 |
---|
161 | | - | owner's [damaged] disabled vehicle as part of the [towing] 130 |
---|
162 | | - | consideration for towing such vehicle or to sign an order for the repair 131 |
---|
163 | | - | of, or authorization for estimating repairs to such vehicle, until the tow 132 |
---|
164 | | - | [job] has been completed. Nothing in this subdivision shall be construed 133 |
---|
165 | | - | to prohibit the wrecker service and owner of the disabled vehicle from 134 |
---|
166 | | - | entering into an agreement for the repair or storage of such vehicle upon 135 |
---|
167 | | - | the completion of the tow. 136 |
---|
168 | | - | (4) No [licensee] wrecker service shall tow a vehicle in such a 137 |
---|
169 | | - | negligent manner as to cause further damage to the vehicle being towed. 138 |
---|
170 | | - | (5) No [licensee] wrecker service shall knowingly permit any person 139 |
---|
171 | | - | to occupy a vehicle while the vehicle is being towed. [Nothing in this 140 |
---|
172 | | - | subsection shall be construed to prohibit the licensee and owner of the 141 |
---|
173 | | - | damaged vehicle from entering into an agreement for the repair or 142 |
---|
174 | | - | storage of such vehicle upon the completion of the tow job.] 143 |
---|
175 | | - | [(c)] (d) Each wrecker used for towing or transporting motor vehicles 144 |
---|
176 | | - | shall be registered as a wrecker by the commissioner for a fee of one 145 |
---|
177 | | - | hundred twenty-five dollars. Each such registration shall be renewed 146 |
---|
178 | | - | biennially according to renewal schedules established by the 147 |
---|
179 | | - | commissioner so as to effect staggered renewal of all such registrations. 148 |
---|
180 | | - | If the adoption of a staggered system results in the expiration of any 149 Substitute Bill No. 1449 |
---|
| 153 | + | LCO No. 5788 5 of 32 |
---|
| 154 | + | |
---|
| 155 | + | to occupy a vehicle while the vehicle is being towed. 109 |
---|
| 156 | + | (6) Nothing in this subsection shall be construed to prohibit the 110 |
---|
| 157 | + | [licensee] wrecker service and owner of the [damaged] disabled vehicle 111 |
---|
| 158 | + | from entering into an agreement for the repair or storage of such vehicle 112 |
---|
| 159 | + | upon the completion of the tow job. 113 |
---|
| 160 | + | [(c)] (d) Each wrecker used for towing or transporting motor vehicles 114 |
---|
| 161 | + | shall be registered as a wrecker by the commissioner for a fee of one 115 |
---|
| 162 | + | hundred twenty-five dollars. Each such registration shall be renewed 116 |
---|
| 163 | + | biennially according to renewal schedules established by the 117 |
---|
| 164 | + | commissioner so as to effect staggered renewal of all such registrations. 118 |
---|
| 165 | + | If the adoption of a staggered system results in the expiration of any 119 |
---|
| 166 | + | registration more or less than two years from its issuance, the 120 |
---|
| 167 | + | commissioner may charge a prorated amount for such registration fee. 121 |
---|
| 168 | + | [(d)] (e) An owner of a wrecker may apply to the commissioner for a 122 |
---|
| 169 | + | general distinguishing number and number plate for the purpose of 123 |
---|
| 170 | + | displaying such number plate on a motor vehicle temporarily in the 124 |
---|
| 171 | + | custody of such owner and being towed or transported by such owner. 125 |
---|
| 172 | + | The commissioner shall issue such number and number plate to an 126 |
---|
| 173 | + | owner of a wrecker (1) who has complied with the requirements of this 127 |
---|
| 174 | + | section, and (2) whose wrecker is equipped in accordance with the 128 |
---|
| 175 | + | provisions of subdivision (1) of subsection [(b)] (c) of this section. The 129 |
---|
| 176 | + | commissioner shall charge a fee to cover the cost of issuance and 130 |
---|
| 177 | + | renewal of such number plates. 131 |
---|
| 178 | + | [(e)] (f) With respect to the nonconsensual towing or transporting of 132 |
---|
| 179 | + | a motor vehicle, no [licensee] wrecker service may tow or transport a 133 |
---|
| 180 | + | vehicle to the premises of any person, firm or corporation engaged in 134 |
---|
| 181 | + | the storage of vehicles for compensation unless such person, firm or 135 |
---|
| 182 | + | corporation adheres to the storage charges published by the 136 |
---|
| 183 | + | commissioner. 137 |
---|
| 184 | + | [(f)] (g) The provisions of this section shall not apply to any person, 138 |
---|
| 185 | + | firm, corporation or association: (1) Towing or transporting a motor 139 |
---|
| 186 | + | Raised Bill No. 1449 |
---|
185 | | - | registration more or less than two years from its issuance, the 150 |
---|
186 | | - | commissioner may charge a prorated amount for such registration fee. 151 |
---|
187 | | - | [(d)] (e) An owner of a wrecker may apply to the commissioner for a 152 |
---|
188 | | - | general distinguishing number and number plate for the purpose of 153 |
---|
189 | | - | displaying such number plate on a motor vehicle temporarily in the 154 |
---|
190 | | - | custody of such owner and being towed or transported by such owner. 155 |
---|
191 | | - | The commissioner shall issue such number and number plate to an 156 |
---|
192 | | - | owner of a wrecker (1) who has complied with the requirements of this 157 |
---|
193 | | - | section, and (2) whose wrecker is equipped in accordance with the 158 |
---|
194 | | - | provisions of subdivision (1) of subsection [(b)] (c) of this section. The 159 |
---|
195 | | - | commissioner shall charge a fee to cover the cost of issuance and 160 |
---|
196 | | - | renewal of such number plates. 161 |
---|
197 | | - | [(e)] (f) With respect to the nonconsensual towing or transporting of 162 |
---|
198 | | - | a motor vehicle, no [licensee] wrecker service may tow or transport a 163 |
---|
199 | | - | vehicle to the premises of any person, firm or corporation engaged in 164 |
---|
200 | | - | the storage of vehicles for compensation unless such person, firm or 165 |
---|
201 | | - | corporation adheres to the storage charges published by the 166 |
---|
202 | | - | commissioner pursuant to subparagraph (A) of subdivision (2) of 167 |
---|
203 | | - | subsection (b) of this section. 168 |
---|
204 | | - | [(f)] (g) The provisions of this section shall not apply to any person, 169 |
---|
205 | | - | firm, corporation or association: (1) Towing or transporting a motor 170 |
---|
206 | | - | vehicle, provided such person, firm, corporation or association is 171 |
---|
207 | | - | licensed as a motor vehicle dealer [pursuant to] under the provisions of 172 |
---|
208 | | - | [subpart (D) of this part] section 14-52 and does not offer direct towing 173 |
---|
209 | | - | or transporting to the public or engage in nonconsensual towing or 174 |
---|
210 | | - | transporting; (2) operating as an automobile club or automobile 175 |
---|
211 | | - | association licensed under section 14-67; (3) operating as a motor vehicle 176 |
---|
212 | | - | recycler licensed under section 14-67l or any contractor of such recycler, 177 |
---|
213 | | - | provided such recycler or its contractor does not offer towing or 178 |
---|
214 | | - | transporting to the public or engage in nonconsensual towing or 179 |
---|
215 | | - | transporting; (4) engaging in the business of repossession of motor 180 |
---|
216 | | - | vehicles for lending institutions, provided it does not offer direct towing 181 |
---|
217 | | - | or transporting unless licensed as a motor vehicle dealer under the 182 Substitute Bill No. 1449 |
---|
| 190 | + | LCO No. 5788 6 of 32 |
---|
| 191 | + | |
---|
| 192 | + | vehicle, provided such person, firm, corporation or association is 140 |
---|
| 193 | + | licensed as a motor vehicle dealer [pursuant to] under the provisions of 141 |
---|
| 194 | + | [subpart (D) of this part] section 14-52 and does not offer direct towing 142 |
---|
| 195 | + | or transporting to the public or engage in nonconsensual towing or 143 |
---|
| 196 | + | transporting; (2) operating as an automobile club or automobile 144 |
---|
| 197 | + | association licensed under section 14-67; (3) operating as a motor vehicle 145 |
---|
| 198 | + | recycler licensed under section 14-67l or any contractor of such recycler, 146 |
---|
| 199 | + | provided such recycler or its contractor does not offer towing or 147 |
---|
| 200 | + | transporting to the public or engage in nonconsensual towing or 148 |
---|
| 201 | + | transporting; (4) engaging in the business of repossession of motor 149 |
---|
| 202 | + | vehicles for lending institutions, provided it does not offer direct towing 150 |
---|
| 203 | + | or transporting unless licensed as a motor vehicle dealer under the 151 |
---|
| 204 | + | provisions of [subpart (D) of this part] section 14-52; (5) towing motor 152 |
---|
| 205 | + | vehicles owned or leased by such person, firm, association or 153 |
---|
| 206 | + | corporation; (6) towing or transporting motor vehicles for hire, with the 154 |
---|
| 207 | + | appropriate operating authority, as defined in 49 CFR 390.5, as amended 155 |
---|
| 208 | + | from time to time, provided such person, firm, corporation or 156 |
---|
| 209 | + | association does not offer towing or transporting to the public or engage 157 |
---|
| 210 | + | in nonconsensual towing or transporting; or (7) towing motor vehicles 158 |
---|
| 211 | + | to or from an auction conducted by a motor vehicle dealer licensed 159 |
---|
| 212 | + | [pursuant to] under the provisions of [subpart (D) of this part] section 160 |
---|
| 213 | + | 14-52, provided such person, firm, corporation or association does not 161 |
---|
| 214 | + | offer direct towing or transporting to the public or engage in 162 |
---|
| 215 | + | nonconsensual towing or transporting. 163 |
---|
| 216 | + | [(g)] (h) Any [law enforcement] police officer or traffic authority [, as 164 |
---|
| 217 | + | defined in section 14-297,] may determine that a vehicle blocking a 165 |
---|
| 218 | + | travel lane on a limited access highway constitutes an emergency and a 166 |
---|
| 219 | + | threat to public safety. Upon such determination, such [law 167 |
---|
| 220 | + | enforcement] officer or traffic authority may direct the [operator of a] 168 |
---|
| 221 | + | wrecker service to remove such vehicle. Any such [operator of a] 169 |
---|
| 222 | + | wrecker service shall be held harmless from liability or causes of action 170 |
---|
| 223 | + | for property damages incurred to such vehicle or to its contents or the 171 |
---|
| 224 | + | surrounding area caused by such emergency removal, provided such 172 |
---|
| 225 | + | Raised Bill No. 1449 |
---|
222 | | - | provisions of [subpart (D) of this part] section 14-52; (5) towing motor 183 |
---|
223 | | - | vehicles owned or leased by such person, firm, association or 184 |
---|
224 | | - | corporation; (6) towing or transporting motor vehicles for hire, with the 185 |
---|
225 | | - | appropriate operating authority, as defined in 49 CFR 390.5, as amended 186 |
---|
226 | | - | from time to time, provided such person, firm, corporation or 187 |
---|
227 | | - | association does not offer towing or transporting to the public or engage 188 |
---|
228 | | - | in nonconsensual towing or transporting; or (7) towing motor vehicles 189 |
---|
229 | | - | to or from an auction conducted by a motor vehicle dealer licensed 190 |
---|
230 | | - | [pursuant to] under the provisions of [subpart (D) of this part] section 191 |
---|
231 | | - | 14-52, provided such person, firm, corporation or association does not 192 |
---|
232 | | - | offer direct towing or transporting to the public or engage in 193 |
---|
233 | | - | nonconsensual towing or transporting. 194 |
---|
234 | | - | [(g)] (h) Any [law enforcement] police officer or traffic authority [, as 195 |
---|
235 | | - | defined in section 14-297,] may determine that a vehicle blocking a 196 |
---|
236 | | - | travel lane on a limited access highway constitutes an emergency and a 197 |
---|
237 | | - | threat to public safety. Upon such determination, such [law 198 |
---|
238 | | - | enforcement] officer or traffic authority may direct [the operator of] a 199 |
---|
239 | | - | wrecker service to remove such vehicle. Any such [operator of a] 200 |
---|
240 | | - | wrecker service shall be held harmless from liability or causes of action 201 |
---|
241 | | - | for property damages incurred to such vehicle or to its contents or the 202 |
---|
242 | | - | surrounding area caused by such emergency removal, provided such 203 |
---|
243 | | - | removal measures are taken under the direction of such officer or 204 |
---|
244 | | - | authority and all reasonable care is taken by the [operator of the] 205 |
---|
245 | | - | wrecker service to limit any further damage to such vehicle, such 206 |
---|
246 | | - | vehicle's contents or the surrounding area. 207 |
---|
247 | | - | (i) Any police officer or traffic authority who orders the removal of a 208 |
---|
248 | | - | vehicle may also specify that the wrecker service performing such 209 |
---|
249 | | - | removal use certain equipment and labor, provided any such equipment 210 |
---|
250 | | - | and labor are required by regulations adopted pursuant to section 29-211 |
---|
251 | | - | 23a, as amended by this act. Any wrecker service that performs any such 212 |
---|
252 | | - | removal at the direction of such officer or traffic authority may charge 213 |
---|
253 | | - | the liable party for the services rendered. 214 |
---|
254 | | - | [(h) For the purposes of this section, "nonconsensual towing or 215 Substitute Bill No. 1449 |
---|
| 229 | + | LCO No. 5788 7 of 32 |
---|
| 230 | + | |
---|
| 231 | + | removal measures are taken under the direction of such officer or 173 |
---|
| 232 | + | authority and all reasonable care is taken by the [operator of the] 174 |
---|
| 233 | + | wrecker service to limit any further damage to such vehicle, such 175 |
---|
| 234 | + | vehicle's contents or the surrounding area. 176 |
---|
| 235 | + | [(h) For the purposes of this section, "nonconsensual towing or 177 |
---|
| 236 | + | transporting" means the towing or transporting of a motor vehicle in 178 |
---|
| 237 | + | accordance with the provisions of section 14-145 or for which 179 |
---|
| 238 | + | arrangements are made by order of a law enforcement officer or traffic 180 |
---|
| 239 | + | authority, as defined in section 14-297.] 181 |
---|
| 240 | + | (i) Any person, firm, corporation or association that violates the 182 |
---|
| 241 | + | provisions of this section shall, for a first offense, be deemed to have 183 |
---|
| 242 | + | committed an infraction and for a second or subsequent offense, shall 184 |
---|
| 243 | + | be guilty of a class D misdemeanor. 185 |
---|
| 244 | + | Sec. 2. (NEW) (Effective July 1, 2025) (a) For the purposes of this 186 |
---|
| 245 | + | section, (1) "medium-duty towing" and "heavy-duty towing" have the 187 |
---|
| 246 | + | same meanings as provided in section 14-66 of the general statutes, as 188 |
---|
| 247 | + | amended by this act; (2) "police officer" has the same meaning as 189 |
---|
| 248 | + | provided in section 7-294a of the general statutes; and (3) "traffic 190 |
---|
| 249 | + | authority" has the same meaning as provided in section 14-297 of the 191 |
---|
| 250 | + | general statutes. 192 |
---|
| 251 | + | (b) There is established a Medium-Duty and Heavy-Duty Towing 193 |
---|
| 252 | + | Advisory Council within the Department of Motor Vehicles for 194 |
---|
| 253 | + | administrative purposes only, to advise the Commissioner of Motor 195 |
---|
| 254 | + | Vehicles concerning policies affecting medium-duty and heavy-duty 196 |
---|
| 255 | + | towing. 197 |
---|
| 256 | + | (c) The advisory council shall consist of the following members: (1) 198 |
---|
| 257 | + | Two representatives of an organization in the state that represents 199 |
---|
| 258 | + | towing and recovery professionals, appointed by the Governor; (2) two 200 |
---|
| 259 | + | representatives of an organization in the state that represents the 201 |
---|
| 260 | + | commercial trucking industry, appointed by the Governor; and (3) the 202 |
---|
| 261 | + | Commissioners of Transportation and Emergency Services and Public 203 |
---|
| 262 | + | Raised Bill No. 1449 |
---|
259 | | - | transporting" means the towing or transporting of a motor vehicle in 216 |
---|
260 | | - | accordance with the provisions of section 14-145 or for which 217 |
---|
261 | | - | arrangements are made by order of a law enforcement officer or traffic 218 |
---|
262 | | - | authority, as defined in section 14-297.] 219 |
---|
263 | | - | [(i)] (j) Any person, firm, corporation or association that violates the 220 |
---|
264 | | - | provisions of this section shall, for a first offense, be deemed to have 221 |
---|
265 | | - | committed an infraction and for a second or subsequent offense, shall 222 |
---|
266 | | - | be guilty of a class D misdemeanor. 223 |
---|
267 | | - | Sec. 2. (NEW) (Effective July 1, 2025) (a) For the purposes of this 224 |
---|
268 | | - | section, (1) "medium-duty towing or transporting" and "heavy-duty 225 |
---|
269 | | - | towing or transporting" have the same meanings as provided in section 226 |
---|
270 | | - | 14-66 of the general statutes, as amended by this act; (2) "police officer" 227 |
---|
271 | | - | has the same meaning as provided in section 7-294a of the general 228 |
---|
272 | | - | statutes; and (3) "traffic authority" has the same meaning as provided in 229 |
---|
273 | | - | section 14-297 of the general statutes. 230 |
---|
274 | | - | (b) There is established a Medium-Duty and Heavy-Duty Towing 231 |
---|
275 | | - | Advisory Council within the Department of Motor Vehicles for 232 |
---|
276 | | - | administrative purposes only, to advise the Commissioner of Motor 233 |
---|
277 | | - | Vehicles concerning policies affecting medium-duty and heavy-duty 234 |
---|
278 | | - | towing or transporting and develop a proposed schedule of uniform 235 |
---|
279 | | - | hourly rates and itemized charges for medium-duty and heavy-duty 236 |
---|
280 | | - | towing and transporting and any other associated charges that may be 237 |
---|
281 | | - | required. 238 |
---|
282 | | - | (c) The advisory council shall consist of the following members: (1) 239 |
---|
283 | | - | Two representatives of an organization in the state that represents 240 |
---|
284 | | - | towing and recovery professionals, appointed by the Governor; (2) two 241 |
---|
285 | | - | representatives of an organization in the state that represents the 242 |
---|
286 | | - | commercial trucking industry, appointed by the Governor; (3) one 243 |
---|
287 | | - | representative of an association of police chiefs in the state, appointed 244 |
---|
288 | | - | by the Governor; (4) one representative of an association of fire chiefs in 245 |
---|
289 | | - | the state, appointed by the Governor, and (5) the Commissioners of 246 |
---|
290 | | - | Transportation, Emergency Services and Public Protection and Energy 247 Substitute Bill No. 1449 |
---|
| 266 | + | LCO No. 5788 8 of 32 |
---|
| 267 | + | |
---|
| 268 | + | Protection and the Insurance Commissioner, or their designees. 204 |
---|
| 269 | + | (d) Appointments to the advisory council shall be made not later than 205 |
---|
| 270 | + | August 1, 2025. Each member appointed shall serve for a term of two 206 |
---|
| 271 | + | years and may serve until such member's successor is appointed. Any 207 |
---|
| 272 | + | vacancy shall be filled by the Governor not later than thirty days after 208 |
---|
| 273 | + | the date of such vacancy. The chairperson of the advisory council shall 209 |
---|
| 274 | + | be appointed by the Governor and shall convene the first meeting of the 210 |
---|
| 275 | + | advisory council not later than October 15, 2025. 211 |
---|
| 276 | + | (e) The advisory council shall (1) on or before January 1, 2026, 212 |
---|
| 277 | + | recommend to the Department of Motor Vehicles uniform rates and 213 |
---|
| 278 | + | charges for medium-duty and heavy-duty towing initiated by order of 214 |
---|
| 279 | + | a police officer or traffic authority; (2) meet at least once every three 215 |
---|
| 280 | + | years to review and consider adjustments to such rates and charges and 216 |
---|
| 281 | + | submit such recommended adjustments, if any, to the department; (3) 217 |
---|
| 282 | + | recommend specific procedures for investigating and resolving 218 |
---|
| 283 | + | complaints concerning medium-duty and heavy-duty towing initiated 219 |
---|
| 284 | + | by order of a police officer or traffic authority; (4) request information 220 |
---|
| 285 | + | from other parties to assist with the work of the advisory council; and 221 |
---|
| 286 | + | (5) make any additional recommendations to the department that the 222 |
---|
| 287 | + | advisory council deems appropriate. 223 |
---|
| 288 | + | Sec. 3. Section 14-63 of the general statutes is repealed and the 224 |
---|
| 289 | + | following is substituted in lieu thereof (Effective July 1, 2025): 225 |
---|
| 290 | + | (a) The [commissioner may make, alter or repeal] Commissioner of 226 |
---|
| 291 | + | Motor Vehicles may adopt regulations governing the administration of 227 |
---|
| 292 | + | all statutes relating to the license and business of dealers and repairers 228 |
---|
| 293 | + | in accordance with the provisions of chapter 54. 229 |
---|
| 294 | + | (b) (1) For the purposes of this section, "nonconsensual towing or 230 |
---|
| 295 | + | transporting", "recovery", "medium-duty towing" and "heavy-duty 231 |
---|
| 296 | + | towing" have the same meanings as provided in section 14-66, as 232 |
---|
| 297 | + | amended by this act. 233 |
---|
| 298 | + | Raised Bill No. 1449 |
---|
295 | | - | and Environmental Protection and the Insurance Commissioner, or 248 |
---|
296 | | - | their designees. 249 |
---|
297 | | - | (d) Appointments to the advisory council shall be made not later than 250 |
---|
298 | | - | August 1, 2025. Each member appointed shall serve for a term of two 251 |
---|
299 | | - | years and may serve until such member's successor is appointed. Any 252 |
---|
300 | | - | vacancy shall be filled by the Governor not later than thirty days after 253 |
---|
301 | | - | the date of such vacancy. The chairperson of the advisory council shall 254 |
---|
302 | | - | be appointed by the Governor and shall convene the first meeting of the 255 |
---|
303 | | - | advisory council not later than September 15, 2025. 256 |
---|
304 | | - | (e) The advisory council shall (1) on or before January 1, 2026, 257 |
---|
305 | | - | consider the factors enumerated in subparagraph (B)(i) of subdivision 258 |
---|
306 | | - | (2) of subsection (b) of section 14-66 of the general statutes, as amended 259 |
---|
307 | | - | by this act, and submit to the Commissioner of Motor Vehicles a 260 |
---|
308 | | - | proposed schedule of uniform hourly rates and itemized charges for 261 |
---|
309 | | - | medium-duty and heavy-duty towing and transporting and any other 262 |
---|
310 | | - | associated charges for services that may not be connected to the 263 |
---|
311 | | - | provision of such towing or transporting, together with any 264 |
---|
312 | | - | documentation to support such proposed schedule; (2) not more than 265 |
---|
313 | | - | once every three years, review and consider adjustments to such rates 266 |
---|
314 | | - | and charges and submit such recommended adjustments, if any, to the 267 |
---|
315 | | - | commissioner; (3) recommend specific procedures for investigating and 268 |
---|
316 | | - | determining whether a service performed by a wrecker service in the 269 |
---|
317 | | - | provision of medium-duty and heavy-duty towing or transporting was 270 |
---|
318 | | - | required; (4) request information from other parties to assist with the 271 |
---|
319 | | - | work of the advisory council and, in the discretion of the advisory 272 |
---|
320 | | - | council, hold public hearings for the purpose of obtaining information; 273 |
---|
321 | | - | and (5) make any additional recommendations to the Department of 274 |
---|
322 | | - | Motor Vehicles that the advisory council deems appropriate. 275 |
---|
323 | | - | Sec. 3. (NEW) (Effective July 1, 2025) (a) For the purposes of this 276 |
---|
324 | | - | section, (1) "wrecker service", "nonconsensual towing or transporting", 277 |
---|
325 | | - | "recovery", "medium-duty towing or transporting" and "heavy-duty 278 |
---|
326 | | - | towing or transporting" have the same meanings as provided in section 279 |
---|
327 | | - | 14-66 of the general statutes, as amended by this act; (2) "police officer" 280 Substitute Bill No. 1449 |
---|
| 302 | + | LCO No. 5788 9 of 32 |
---|
| 303 | + | |
---|
| 304 | + | [(b)] (2) The Commissioner of Motor Vehicles shall [adopt 234 |
---|
| 305 | + | regulations, in accordance with the provisions of chapter 54, 235 |
---|
| 306 | + | establishing (1) a procedure whereby] receive, process and investigate 236 |
---|
| 307 | + | complaints from customers of dealers and repairers [may file 237 |
---|
| 308 | + | complaints with the Department of Motor Vehicles] concerning the 238 |
---|
| 309 | + | operations of and services provided by any [such licensees, and (2) a 239 |
---|
| 310 | + | procedure specifying the circumstances under which a licensee may 240 |
---|
| 311 | + | stipulate to a complaint and waive such licensee's right to an 241 |
---|
| 312 | + | administrative hearing. Such regulations shall provide for the 242 |
---|
| 313 | + | commissioner to contact each licensee that is the subject of a complaint 243 |
---|
| 314 | + | in order to notify such licensee of the complaint and to relate to such 244 |
---|
| 315 | + | licensee the particular matters alleged by the complainant. If the 245 |
---|
| 316 | + | commissioner determines that the facts as alleged give rise to one or 246 |
---|
| 317 | + | more violations of law related to the licensee's business, the 247 |
---|
| 318 | + | commissioner may attempt to mediate a voluntary resolution of the 248 |
---|
| 319 | + | complaint acceptable to the complainant and the licensee. Such 249 |
---|
| 320 | + | regulations shall also provide that, if an acceptable resolution to the 250 |
---|
| 321 | + | complaint is not achieved, the commissioner shall complete the 251 |
---|
| 322 | + | commissioner's investigation of the facts and shall, if the commissioner 252 |
---|
| 323 | + | has reason to believe that the licensee has violated any provision of 253 |
---|
| 324 | + | section 14-64, proceed to take any action authorized under the 254 |
---|
| 325 | + | provisions of section 14-64. If, after such an investigation, the 255 |
---|
| 326 | + | commissioner elects not to take action against the licensee, the 256 |
---|
| 327 | + | commissioner shall notify both the complainant and the licensee in 257 |
---|
| 328 | + | writing.] such dealer or repairer, including the provision of 258 |
---|
| 329 | + | nonconsensual towing or transporting, recovery or storage of motor 259 |
---|
| 330 | + | vehicles. The commissioner may permit a dealer or repairer to stipulate 260 |
---|
| 331 | + | to a complaint and waive such dealer or repairer's right to an 261 |
---|
| 332 | + | administrative hearing under the provisions of chapter 54. 262 |
---|
| 333 | + | (3) Any complaint filed with the commissioner pursuant to the 263 |
---|
| 334 | + | provisions of this subsection shall (A) be in writing, on a form provided 264 |
---|
| 335 | + | by or acceptable to the commissioner, (B) contain a statement of the facts 265 |
---|
| 336 | + | that form the basis of the claim against such dealer or repairer, (C) 266 |
---|
| 337 | + | Raised Bill No. 1449 |
---|
332 | | - | has the same meaning as provided in section 7-294a of the general 281 |
---|
333 | | - | statutes; (3) "traffic authority" has the same meaning as provided in 282 |
---|
334 | | - | section 14-297 of the general statutes; (4) "rotator" means a wrecker that 283 |
---|
335 | | - | (A) consists of a rotating superstructure, adjusting boom, operating 284 |
---|
336 | | - | machinery and one or more operator's stations mounted on a frame 285 |
---|
337 | | - | attached to a truck chassis, and (B) has the ability to lift, lower and swing 286 |
---|
338 | | - | loads; and (5) "exceptional services" means the use of special equipment, 287 |
---|
339 | | - | such as cutting torches, air compressors and other equipment not 288 |
---|
340 | | - | generally required for the performance of nonconsensual towing or 289 |
---|
341 | | - | transporting at the scene of an accident. 290 |
---|
342 | | - | (b) Notwithstanding the uniform rates and charges for the 291 |
---|
343 | | - | nonconsensual towing or transporting and recovery of motor vehicles 292 |
---|
344 | | - | with a gross vehicle weight rating of ten thousand pounds or more, but 293 |
---|
345 | | - | not more than twenty-six thousand pounds, and motor vehicles with a 294 |
---|
346 | | - | gross vehicle weight rating of more than twenty-six thousand pounds 295 |
---|
347 | | - | established and published by the Commissioner of Motor Vehicles 296 |
---|
348 | | - | pursuant to section 14-66 of the general statutes, revision of 1958, 297 |
---|
349 | | - | revised to January 1, 2025, on and after July 1, 2025, until the date the 298 |
---|
350 | | - | commissioner publishes the authorized rates and charges in accordance 299 |
---|
351 | | - | with subparagraph (B) of subdivision (2) of subsection (b) of section 14-300 |
---|
352 | | - | 66 of the general statutes, as amended by this act, the maximum hourly 301 |
---|
353 | | - | rate that may be charged for the nonconsensual towing or transporting 302 |
---|
354 | | - | and recovery and calculated in accordance with sections 14-63-36b and 303 |
---|
355 | | - | 14-63-36c of the regulations of Connecticut state agencies shall be as 304 |
---|
356 | | - | follows: (1) For motor vehicles with a gross vehicle weight rating of ten 305 |
---|
357 | | - | thousand pounds or more, but not more than twenty-six thousand 306 |
---|
358 | | - | pounds, three hundred dollars; (2) for motor vehicles with a gross 307 |
---|
359 | | - | vehicle weight rating of more than twenty-six thousand pounds, five 308 |
---|
360 | | - | hundred dollars; and (3) for the use of a rotator, one thousand two 309 |
---|
361 | | - | hundred dollars. 310 |
---|
362 | | - | (c) Services included in such maximum hourly rate include (1) the 311 |
---|
363 | | - | services reasonably necessary to restore the site of the nonconsensual 312 |
---|
364 | | - | towing or transporting to its original condition, or to restore such site as 313 |
---|
365 | | - | directed by a police officer or traffic authority if such services are 314 Substitute Bill No. 1449 |
---|
| 341 | + | LCO No. 5788 10 of 32 |
---|
| 342 | + | |
---|
| 343 | + | include the dealer or repairer's name, the customer's name and address, 267 |
---|
| 344 | + | the date or dates on which the transaction or transactions with the dealer 268 |
---|
| 345 | + | or repairer occurred and, if applicable, the description of any vehicle 269 |
---|
| 346 | + | that is the subject of a complaint, (D) be accompanied by any supporting 270 |
---|
| 347 | + | documentation that pertains to the complaint, including, but not limited 271 |
---|
| 348 | + | to, invoices, repair orders and evidence of payment, and (E) be mailed 272 |
---|
| 349 | + | to the Department of Motor Vehicles. 273 |
---|
| 350 | + | (4) Not later than fourteen days from the date of receiving a customer 274 |
---|
| 351 | + | complaint, the commissioner shall notify the customer and the dealer or 275 |
---|
| 352 | + | repairer that is the subject of the complaint that the complaint (A) was 276 |
---|
| 353 | + | received and of the particular matters alleged by the customer, and (B) 277 |
---|
| 354 | + | will be subject to further investigation. Such investigation shall consist 278 |
---|
| 355 | + | of a determination of whether the complaint (i) is complete and all 279 |
---|
| 356 | + | relevant documents were received, and (ii) states facts which if true give 280 |
---|
| 357 | + | rise to one or more violations of sections 14-51 to 14-66c, inclusive, as 281 |
---|
| 358 | + | amended by this act, or sections 14-145 to 14-145b, inclusive, as 282 |
---|
| 359 | + | amended by this act, or any regulation adopted pursuant to said 283 |
---|
| 360 | + | sections. 284 |
---|
| 361 | + | (5) In the event that the complaint is incomplete, the commissioner 285 |
---|
| 362 | + | shall notify the customer in writing of what deficiencies exist in the 286 |
---|
| 363 | + | complaint and provide the date by which the customer is required to 287 |
---|
| 364 | + | submit documentation to address such deficiencies. In the event that 288 |
---|
| 365 | + | such deficiencies are not addressed by the specified date, no action shall 289 |
---|
| 366 | + | be taken on the complaint and the commissioner shall notify the 290 |
---|
| 367 | + | customer and the dealer or repairer in writing. The commissioner shall 291 |
---|
| 368 | + | maintain a written record of all conversations with the customer and 292 |
---|
| 369 | + | include such record with the complaint in the records of the department. 293 |
---|
| 370 | + | (6) In the event that the complaint does not state facts that give rise to 294 |
---|
| 371 | + | a violation of sections 14-51 to 14-66c, inclusive, as amended by this act, 295 |
---|
| 372 | + | or sections 14-145 to 14-145b, inclusive, as amended by this act, or any 296 |
---|
| 373 | + | regulation adopted pursuant to said sections, the commissioner shall 297 |
---|
| 374 | + | notify the customer and the dealer or repairer, in writing, that the 298 |
---|
| 375 | + | Raised Bill No. 1449 |
---|
370 | | - | completed in less than fifteen minutes; (2) the time spent at the site by a 315 |
---|
371 | | - | wrecker service waiting to perform any portion of the nonconsensual 316 |
---|
372 | | - | towing or transporting procedures due to an order of a police officer or 317 |
---|
373 | | - | traffic authority if such time is less than fifteen minutes; (3) hand tools, 318 |
---|
374 | | - | wrenches and sockets used in the towing or recovery of a motor vehicle; 319 |
---|
375 | | - | (4) timbers used in such towing or recovery; (5) air fittings and hoses 320 |
---|
376 | | - | used in such towing or recovery under one hundred feet; (6) pry bars; 321 |
---|
377 | | - | (7) reflectors; (8) disconnecting batteries; (9) wheel chocks or scotch 322 |
---|
378 | | - | blocks; (10) not more than two snatch blocks; (11) cargo retraining 323 |
---|
379 | | - | straps; (12) chain and binders used in conjunction with wrecker cables; 324 |
---|
380 | | - | and (13) preparing a motor vehicle for towing. 325 |
---|
381 | | - | (d) A wrecker service may charge additional fees for exceptional 326 |
---|
382 | | - | services, which may include the hourly charge for labor and the use of 327 |
---|
383 | | - | equipment to perform such exceptional services, provided such 328 |
---|
384 | | - | exceptional services are itemized, reasonable and necessary for the 329 |
---|
385 | | - | nonconsensual towing or transporting of a motor vehicle. 330 |
---|
386 | | - | (e) The provisions of this section shall cease to be effective upon the 331 |
---|
387 | | - | date the Commissioner of Motor Vehicles establishes and publishes 332 |
---|
388 | | - | uniform hourly rates, itemized charges and other associated charges for 333 |
---|
389 | | - | medium-duty and heavy-duty towing and transporting in accordance 334 |
---|
390 | | - | with the provisions of subparagraph (B) of subdivision (2) of subsection 335 |
---|
391 | | - | (b) of section 14-66 of the general statutes, as amended by this act. 336 |
---|
392 | | - | Sec. 4. Section 14-63 of the general statutes is repealed and the 337 |
---|
393 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 338 |
---|
394 | | - | (a) The [commissioner may make, alter or repeal] Commissioner of 339 |
---|
395 | | - | Motor Vehicles may adopt regulations governing the administration of 340 |
---|
396 | | - | all statutes relating to the license and business of dealers and repairers 341 |
---|
397 | | - | in accordance with the provisions of chapter 54. 342 |
---|
398 | | - | (b) (1) For the purposes of this subsection, "nonconsensual towing or 343 |
---|
399 | | - | transporting", "recovery", "medium-duty towing or transporting" and 344 |
---|
400 | | - | "heavy-duty towing or transporting" have the same meanings as 345 |
---|
401 | | - | provided in section 14-66, as amended by this act. 346 Substitute Bill No. 1449 |
---|
| 379 | + | LCO No. 5788 11 of 32 |
---|
| 380 | + | |
---|
| 381 | + | commissioner will not proceed with the complaint. Such notice shall 299 |
---|
| 382 | + | include a brief statement of the reasons why the commissioner has taken 300 |
---|
| 383 | + | no action. [The commissioner shall also inform the complainant and the 301 |
---|
| 384 | + | licensee that an unresolved complaint exists and that, unless the 302 |
---|
| 385 | + | commissioner has determined that the allegations, even if true, fail to 303 |
---|
| 386 | + | state a violation of applicable statutory or regulatory standards, the 304 |
---|
| 387 | + | same shall be recorded in the records of the department pertaining to 305 |
---|
| 388 | + | such licensee until such time as the licensee submits to the commissioner 306 |
---|
| 389 | + | satisfactory evidence, signed by the complainant or the complainant's 307 |
---|
| 390 | + | attorney, that the claim has been resolved by agreement with the 308 |
---|
| 391 | + | complainant or submits to the department satisfactory evidence of final 309 |
---|
| 392 | + | adjudication in favor of such licensee.] 310 |
---|
| 393 | + | (7) If after the investigation, the commissioner determines that a 311 |
---|
| 394 | + | complaint is complete and states one or more violations of sections 14-312 |
---|
| 395 | + | 51 to 14-66c, inclusive, as amended by this act, or sections 14-145 to 14-313 |
---|
| 396 | + | 145b, inclusive, as amended by this act, or any regulation adopted 314 |
---|
| 397 | + | pursuant to said sections, the commissioner shall notify the customer 315 |
---|
| 398 | + | and the dealer or repairer of such determination. The notification shall 316 |
---|
| 399 | + | relate the particular matters involved in the complaint and inform the 317 |
---|
| 400 | + | dealer or repairer that such dealer or repairer shall respond to the 318 |
---|
| 401 | + | matters alleged in the complaint not later than ten days of the date of 319 |
---|
| 402 | + | the notification. Upon receipt of the dealer or repairer's response, the 320 |
---|
| 403 | + | commissioner may (A) mediate a voluntary resolution of the complaint 321 |
---|
| 404 | + | that is acceptable to the customer and the dealer or repairer, (B) proceed 322 |
---|
| 405 | + | with an administrative hearing under chapter 54, or (C) determine that 323 |
---|
| 406 | + | no action is to be taken and notify the customer and the dealer or 324 |
---|
| 407 | + | repairer, in writing, of the reason for that determination. 325 |
---|
| 408 | + | (8) If the complaint is resolved through voluntary mediation, the 326 |
---|
| 409 | + | dealer or repairer shall waive its right to an administrative hearing 327 |
---|
| 410 | + | under chapter 54. If the dealer or repairer enters into a stipulated 328 |
---|
| 411 | + | agreement, settlement agreement or consent order, and fails to comply 329 |
---|
| 412 | + | with the terms of such agreement or order, the dealer or repairer's 330 |
---|
| 413 | + | license shall be suspended in accordance with the terms of such 331 |
---|
| 414 | + | Raised Bill No. 1449 |
---|
406 | | - | [(b)] (2) The Commissioner of Motor Vehicles shall [adopt 347 |
---|
407 | | - | regulations, in accordance with the provisions of chapter 54, 348 |
---|
408 | | - | establishing (1) a procedure whereby] receive, process and investigate 349 |
---|
409 | | - | complaints from customers of dealers and repairers [may file 350 |
---|
410 | | - | complaints with the Department of Motor Vehicles] concerning the 351 |
---|
411 | | - | operations of and services provided by any [such licensees, and (2) a 352 |
---|
412 | | - | procedure specifying the circumstances under which a licensee may 353 |
---|
413 | | - | stipulate to a complaint and waive such licensee's right to an 354 |
---|
414 | | - | administrative hearing. Such regulations shall provide for the 355 |
---|
415 | | - | commissioner to contact each licensee that is the subject of a complaint 356 |
---|
416 | | - | in order to notify such licensee of the complaint and to relate to such 357 |
---|
417 | | - | licensee the particular matters alleged by the complainant. If the 358 |
---|
418 | | - | commissioner determines that the facts as alleged give rise to one or 359 |
---|
419 | | - | more violations of law related to the licensee's business, the 360 |
---|
420 | | - | commissioner may attempt to mediate a voluntary resolution of the 361 |
---|
421 | | - | complaint acceptable to the complainant and the licensee. Such 362 |
---|
422 | | - | regulations shall also provide that, if an acceptable resolution to the 363 |
---|
423 | | - | complaint is not achieved, the commissioner shall complete the 364 |
---|
424 | | - | commissioner's investigation of the facts and shall, if the commissioner 365 |
---|
425 | | - | has reason to believe that the licensee has violated any provision of 366 |
---|
426 | | - | section 14-64, proceed to take any action authorized under the 367 |
---|
427 | | - | provisions of section 14-64. If, after such an investigation, the 368 |
---|
428 | | - | commissioner elects not to take action against the licensee, the 369 |
---|
429 | | - | commissioner shall notify both the complainant and the licensee in 370 |
---|
430 | | - | writing.] such dealer or repairer, including the provision of 371 |
---|
431 | | - | nonconsensual towing or transporting, recovery or storage of motor 372 |
---|
432 | | - | vehicles. The commissioner may permit a dealer or repairer to stipulate 373 |
---|
433 | | - | to a complaint and waive such dealer or repairer's right to an 374 |
---|
434 | | - | administrative hearing under the provisions of chapter 54. 375 |
---|
435 | | - | (3) Any complaint filed with the commissioner pursuant to the 376 |
---|
436 | | - | provisions of this subsection shall (A) be in writing, on a form provided 377 |
---|
437 | | - | by or acceptable to the commissioner, (B) contain a statement of the facts 378 |
---|
438 | | - | that form the basis of the claim against such dealer or repairer, (C) 379 |
---|
439 | | - | include the dealer or repairer's name, the customer's name and address, 380 Substitute Bill No. 1449 |
---|
| 418 | + | LCO No. 5788 12 of 32 |
---|
| 419 | + | |
---|
| 420 | + | agreement or order. An agreement between the [licensee and the 332 |
---|
| 421 | + | complainant] customer and the dealer or repairer shall not preclude the 333 |
---|
| 422 | + | commissioner from proceeding to take action if the commissioner has 334 |
---|
| 423 | + | reason to believe that the [licensee] dealer or repairer has violated any 335 |
---|
| 424 | + | provision of section 14-64. 336 |
---|
| 425 | + | (9) If the commissioner determines that there is one or more probable 337 |
---|
| 426 | + | violations of sections 14-51 to 14-66c, inclusive, as amended by this act, 338 |
---|
| 427 | + | or sections 14-145 to 14-145b, inclusive, as amended by this act, or any 339 |
---|
| 428 | + | regulation adopted pursuant to said sections and will take action, the 340 |
---|
| 429 | + | department shall notify the customer and dealer or repairer and proceed 341 |
---|
| 430 | + | with a hearing in accordance with the provisions of chapter 54, 342 |
---|
| 431 | + | regardless of whether the matter has or has not been settled between the 343 |
---|
| 432 | + | customer and the dealer or repairer. The commissioner may proceed to 344 |
---|
| 433 | + | take any action authorized under the provisions of section 14-64 and, in 345 |
---|
| 434 | + | the case of medium-duty or heavy-duty towing, recommend to the 346 |
---|
| 435 | + | Commissioner of Emergency Services and Public Protection that such 347 |
---|
| 436 | + | dealer or repairer be removed from the rotational system maintained 348 |
---|
| 437 | + | pursuant to section 29-23a, as amended by this act. 349 |
---|
| 438 | + | (10) A decision by the commissioner not to take action against the 350 |
---|
| 439 | + | [licensee] dealer or repairer pursuant to the provisions of this subsection 351 |
---|
| 440 | + | shall be without prejudice to the claim of the customer; and neither the 352 |
---|
| 441 | + | fact that the [department] commissioner has determined not to proceed 353 |
---|
| 442 | + | nor the notice furnished to the parties, in accordance with this 354 |
---|
| 443 | + | subsection, shall be admissible in any civil action. 355 |
---|
| 444 | + | (11) The Commissioner of Motor Vehicles, in consultation with the 356 |
---|
| 445 | + | Commissioner of Emergency Services and Public Protection, may adopt 357 |
---|
| 446 | + | regulations, in accordance with the provisions of chapter 54, 358 |
---|
| 447 | + | establishing specific procedures for investigating complaints 359 |
---|
| 448 | + | concerning medium-duty and heavy-duty towing initiated by order of 360 |
---|
| 449 | + | a police officer or traffic authority. The Commissioner of Motor 361 |
---|
| 450 | + | Vehicles, in adopting or amending any such regulations, shall consider 362 |
---|
| 451 | + | the recommendations by the Medium-Duty and Heavy-Duty Towing 363 |
---|
| 452 | + | Raised Bill No. 1449 |
---|
444 | | - | the date or dates on which the transaction or transactions with the dealer 381 |
---|
445 | | - | or repairer occurred and, if applicable, the description of any vehicle 382 |
---|
446 | | - | that is the subject of a complaint, (D) be accompanied by any supporting 383 |
---|
447 | | - | documentation that pertains to the complaint, including, but not limited 384 |
---|
448 | | - | to, invoices, repair orders and evidence of payment, and (E) be mailed 385 |
---|
449 | | - | to the Department of Motor Vehicles. 386 |
---|
450 | | - | (4) Not later than fourteen days from the date of receiving a customer 387 |
---|
451 | | - | complaint, the commissioner shall notify the customer and the dealer or 388 |
---|
452 | | - | repairer that is the subject of the complaint that the complaint (A) was 389 |
---|
453 | | - | received and of the particular matters alleged by the customer, and (B) 390 |
---|
454 | | - | will be subject to further investigation. Such investigation shall consist 391 |
---|
455 | | - | of a determination of whether the complaint (i) is complete and all 392 |
---|
456 | | - | relevant documents were received, and (ii) states facts which if true give 393 |
---|
457 | | - | rise to one or more violations of sections 14-51 to 14-66c, inclusive, as 394 |
---|
458 | | - | amended by this act, sections 14-145 to 14-145b, inclusive, as amended 395 |
---|
459 | | - | by this act, section 14-150 or any regulation adopted pursuant to said 396 |
---|
460 | | - | sections. 397 |
---|
461 | | - | (5) In the event that the complaint is incomplete, the commissioner 398 |
---|
462 | | - | shall notify the customer in writing of what deficiencies exist in the 399 |
---|
463 | | - | complaint and specify the date by which the customer is required to 400 |
---|
464 | | - | submit documentation to address such deficiencies. In the event that 401 |
---|
465 | | - | such deficiencies are not addressed by the specified date, no action shall 402 |
---|
466 | | - | be taken on the complaint and the commissioner shall notify the 403 |
---|
467 | | - | customer and the dealer or repairer in writing. The commissioner shall 404 |
---|
468 | | - | maintain a written record of all conversations with the customer and 405 |
---|
469 | | - | include such written record with the complaint in the records of the 406 |
---|
470 | | - | department. 407 |
---|
471 | | - | (6) In the event that the complaint does not state facts that give rise to 408 |
---|
472 | | - | a violation of sections 14-51 to 14-66c, inclusive, as amended by this act, 409 |
---|
473 | | - | sections 14-145 to 14-145b, inclusive, as amended by this act, section 14-410 |
---|
474 | | - | 150 or any regulation adopted pursuant to said sections, the 411 |
---|
475 | | - | commissioner shall notify the customer and the dealer or repairer, in 412 |
---|
476 | | - | writing, that the commissioner will not proceed with the complaint. 413 Substitute Bill No. 1449 |
---|
| 456 | + | LCO No. 5788 13 of 32 |
---|
| 457 | + | |
---|
| 458 | + | Advisory Council established pursuant to section 2 of this act. 364 |
---|
| 459 | + | Sec. 4. Section 29-23a of the general statutes is repealed and the 365 |
---|
| 460 | + | following is substituted in lieu thereof (Effective July 1, 2025): 366 |
---|
| 461 | + | (a) The Division of State Police within the Department of Emergency 367 |
---|
| 462 | + | Services and Public Protection [may] shall establish, within its patrol 368 |
---|
| 463 | + | jurisdiction, a rotational system for summoning [licensed wrecker 369 |
---|
| 464 | + | operators] wrecker services, as defined in section 14-66, as amended by 370 |
---|
| 465 | + | this act, for the purpose of towing or transporting motor vehicles which 371 |
---|
| 466 | + | are disabled, inoperative or wrecked in the event the owners or 372 |
---|
| 467 | + | operators of such vehicles are incapacitated, unavailable or leave the 373 |
---|
| 468 | + | procurement of wrecker service to the officer at the scene of an accident 374 |
---|
| 469 | + | or the location of a disabled vehicle. Any such [licensee] wrecker service 375 |
---|
| 470 | + | may participate in such system, provided (1) [his operators fulfill] such 376 |
---|
| 471 | + | wrecker service fulfills certain qualifications, including certification by 377 |
---|
| 472 | + | the Towing and Recovery Association of America or a certification 378 |
---|
| 473 | + | program approved by the Commissioner of Emergency Services and 379 |
---|
| 474 | + | Public Protection, and [his] the wrecker service's equipment meets 380 |
---|
| 475 | + | safety and mechanical standards established by the Commissioner of 381 |
---|
| 476 | + | Emergency Services and Public Protection and the Commissioner of 382 |
---|
| 477 | + | Motor Vehicles, and (2) [his] the wrecker service's business is located so 383 |
---|
| 478 | + | as to provide prompt and efficient service. 384 |
---|
| 479 | + | (b) The Commissioner of Emergency Services and Public Protection 385 |
---|
| 480 | + | shall grant variations or exemptions from, or approve equivalent or 386 |
---|
| 481 | + | alternate compliance with, the provisions of this section where strict 387 |
---|
| 482 | + | compliance with such provisions would entail practical difficulty or 388 |
---|
| 483 | + | unnecessary hardship or is otherwise adjudged unwarranted, provided 389 |
---|
| 484 | + | any such variation, exemption, approved equivalent or alternate 390 |
---|
| 485 | + | compliance shall, in the opinion of said commissioner, secure the public 391 |
---|
| 486 | + | safety. 392 |
---|
| 487 | + | (c) The Commissioner of Emergency Services and Public Protection 393 |
---|
| 488 | + | shall adopt regulations in accordance with the provisions of chapter 54 394 |
---|
| 489 | + | Raised Bill No. 1449 |
---|
481 | | - | Such notice shall include a brief statement of the reasons why the 414 |
---|
482 | | - | commissioner has taken no action. [The commissioner shall also inform 415 |
---|
483 | | - | the complainant and the licensee that an unresolved complaint exists 416 |
---|
484 | | - | and that, unless the commissioner has determined that the allegations, 417 |
---|
485 | | - | even if true, fail to state a violation of applicable statutory or regulatory 418 |
---|
486 | | - | standards, the same shall be recorded in the records of the department 419 |
---|
487 | | - | pertaining to such licensee until such time as the licensee submits to the 420 |
---|
488 | | - | commissioner satisfactory evidence, signed by the complainant or the 421 |
---|
489 | | - | complainant's attorney, that the claim has been resolved by agreement 422 |
---|
490 | | - | with the complainant or submits to the department satisfactory 423 |
---|
491 | | - | evidence of final adjudication in favor of such licensee.] 424 |
---|
492 | | - | (7) If after the investigation, the commissioner determines that a 425 |
---|
493 | | - | complaint is complete and states one or more violations of sections 14-426 |
---|
494 | | - | 51 to 14-66c, inclusive, as amended by this act, sections 14-145 to 14-427 |
---|
495 | | - | 145b, inclusive, as amended by this act, section 14-150 or any regulation 428 |
---|
496 | | - | adopted pursuant to said sections, the commissioner shall notify the 429 |
---|
497 | | - | customer and the dealer or repairer of such determination. The 430 |
---|
498 | | - | notification shall relate the particular matters involved in the complaint 431 |
---|
499 | | - | and inform the dealer or repairer that such dealer or repairer shall 432 |
---|
500 | | - | respond to the matters alleged in the complaint not later than ten days 433 |
---|
501 | | - | of the date of the notification. Upon receipt of the dealer or repairer's 434 |
---|
502 | | - | response, the commissioner may (A) mediate a voluntary resolution of 435 |
---|
503 | | - | the complaint that is acceptable to the customer and the dealer or 436 |
---|
504 | | - | repairer, (B) proceed with an administrative hearing under chapter 54, 437 |
---|
505 | | - | or (C) determine that no action is to be taken and notify the customer 438 |
---|
506 | | - | and the dealer or repairer, in writing, of the reason for that 439 |
---|
507 | | - | determination. 440 |
---|
508 | | - | (8) If the complaint is resolved through voluntary mediation, the 441 |
---|
509 | | - | dealer or repairer shall waive its right to an administrative hearing 442 |
---|
510 | | - | under chapter 54. If the dealer or repairer enters into a stipulated 443 |
---|
511 | | - | agreement, settlement agreement or consent order, and fails to comply 444 |
---|
512 | | - | with the terms of such agreement or order, the dealer or repairer's 445 |
---|
513 | | - | license shall be suspended in accordance with the terms of such 446 |
---|
514 | | - | agreement or order. An agreement between the [licensee and the 447 Substitute Bill No. 1449 |
---|
| 493 | + | LCO No. 5788 14 of 32 |
---|
| 494 | + | |
---|
| 495 | + | concerning the operation of such rotational system and the removal 395 |
---|
| 496 | + | from the system of wrecker services which fail to comply with the 396 |
---|
| 497 | + | requirements specified in such regulations or any provision of the 397 |
---|
| 498 | + | general statutes or a regulation concerning the operation of a motor 398 |
---|
| 499 | + | vehicle repair, towing or storage facility or the operation of a motor 399 |
---|
| 500 | + | vehicle. 400 |
---|
| 501 | + | Sec. 5. Subsection (b) of section 14-66c of the general statutes is 401 |
---|
| 502 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 402 |
---|
| 503 | + | 2025): 403 |
---|
| 504 | + | (b) If any motorized personal property is towed or otherwise 404 |
---|
| 505 | + | removed by a wrecker [licensed under] service, as defined in section 14-405 |
---|
| 506 | + | 66, as amended by this act, at the direction of an officer attached to an 406 |
---|
| 507 | + | organized police department or an owner of real property where such 407 |
---|
| 508 | + | personal property has been abandoned, such property shall be taken to 408 |
---|
| 509 | + | and stored in a suitable place. Within forty-eight hours following the 409 |
---|
| 510 | + | time that such property is taken into custody, the [licensee or operator 410 |
---|
| 511 | + | of the] wrecker service shall give written notice by certified mail to the 411 |
---|
| 512 | + | owner, if known, (1) that such property has been taken and stored, and 412 |
---|
| 513 | + | (2) of the location of such property. Such [licensee or operator] wrecker 413 |
---|
| 514 | + | service shall have a lien upon the same for towing or removal charges 414 |
---|
| 515 | + | and storage charges. If such owner does not claim such property, or if 415 |
---|
| 516 | + | the owner of such property is not known, the [licensee or operator of 416 |
---|
| 517 | + | the] wrecker service may sell or dispose of such property after thirty 417 |
---|
| 518 | + | days, subject to any provision of the general statutes, or any regulation 418 |
---|
| 519 | + | adopted thereunder, concerning the sale or disposal of such property. 419 |
---|
| 520 | + | Sec. 6. Subsection (f) of section 13b-59 of the general statutes is 420 |
---|
| 521 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 421 |
---|
| 522 | + | 2025): 422 |
---|
| 523 | + | (f) "Motor vehicle receipts" means all fees and other charges required 423 |
---|
| 524 | + | by or levied pursuant to subsection (c) of section 14-12, section 14-15, 424 |
---|
| 525 | + | subsection (a) of section 14-25a, section 14-28, subsection (b) of section 425 |
---|
| 526 | + | Raised Bill No. 1449 |
---|
519 | | - | complainant] customer and the dealer or repairer shall not preclude the 448 |
---|
520 | | - | commissioner from proceeding to take action if the commissioner has 449 |
---|
521 | | - | reason to believe that the [licensee] dealer or repairer has violated any 450 |
---|
522 | | - | provision of section 14-64. 451 |
---|
523 | | - | (9) If the commissioner determines that there is one or more probable 452 |
---|
524 | | - | violations of sections 14-51 to 14-66c, inclusive, as amended by this act, 453 |
---|
525 | | - | sections 14-145 to 14-145b, inclusive, as amended by this act, section 14-454 |
---|
526 | | - | 150 or any regulation adopted pursuant to said sections and that the 455 |
---|
527 | | - | department will take action, the department shall notify the customer 456 |
---|
528 | | - | and dealer or repairer and proceed with an administrative hearing in 457 |
---|
529 | | - | accordance with the provisions of chapter 54, regardless of whether the 458 |
---|
530 | | - | matter has or has not been settled between the customer and the dealer 459 |
---|
531 | | - | or repairer. The commissioner may proceed to take any action 460 |
---|
532 | | - | authorized under the provisions of section 14-64 and, in the case of 461 |
---|
533 | | - | medium-duty or heavy-duty towing or transporting, recommend to the 462 |
---|
534 | | - | Commissioner of Emergency Services and Public Protection that such 463 |
---|
535 | | - | dealer or repairer be removed from the rotational system maintained 464 |
---|
536 | | - | pursuant to section 29-23a, as amended by this act. 465 |
---|
537 | | - | (10) A decision by the commissioner not to take action against the 466 |
---|
538 | | - | [licensee] dealer or repairer pursuant to the provisions of this subsection 467 |
---|
539 | | - | shall be without prejudice to the claim of the customer; and neither the 468 |
---|
540 | | - | fact that the [department] commissioner has determined not to proceed 469 |
---|
541 | | - | nor the notice furnished to the parties, in accordance with this 470 |
---|
542 | | - | subsection, shall be admissible in any civil action. 471 |
---|
543 | | - | (11) The Commissioner of Motor Vehicles, in consultation with the 472 |
---|
544 | | - | Commissioner of Emergency Services and Public Protection, may adopt 473 |
---|
545 | | - | regulations, in accordance with the provisions of chapter 54, 474 |
---|
546 | | - | establishing specific procedures for investigating complaints 475 |
---|
547 | | - | concerning medium-duty and heavy-duty towing or transporting. The 476 |
---|
548 | | - | Commissioner of Motor Vehicles, in adopting or amending any such 477 |
---|
549 | | - | regulations, shall consider any recommendations by the Medium-Duty 478 |
---|
550 | | - | and Heavy-Duty Towing Advisory Council established pursuant to 479 |
---|
551 | | - | section 2 of this act. 480 Substitute Bill No. 1449 |
---|
| 530 | + | LCO No. 5788 15 of 32 |
---|
| 531 | + | |
---|
| 532 | + | 14-35, subsection (a) of section 14-41, sections 14-41a, 14-47 and 14-48b, 426 |
---|
| 533 | + | subsection (a) of section 14-49, subdivision (1) of subsection (b) of 427 |
---|
| 534 | + | section 14-49, except as provided under subdivision (2) of subsection (b) 428 |
---|
| 535 | + | of said section, subsections (c), (d), (e), (f), (g), (h), (i), (k), (l), (m), (n), (o), 429 |
---|
| 536 | + | (p), (q), (s), (t), (x) and (y) of section 14-49, section 14-49a, subsection (a) 430 |
---|
| 537 | + | of section 14-50, subdivisions (1), (2), (3), (4), (5), (6) and (10) of 431 |
---|
| 538 | + | subsection (a) of section 14-50a, sections 14-59, 14-61 and 14-65, 432 |
---|
| 539 | + | subsection [(c)] (d) of section 14-66, as amended by this act, subsection 433 |
---|
| 540 | + | (e) of section 14-67, sections 14-67a, 14-67d, 14-160 and 14-381, and 434 |
---|
| 541 | + | subsection (c) of section 14-382; 435 |
---|
| 542 | + | Sec. 7. Subsections (a) to (g), inclusive, of section 13b-76 of the general 436 |
---|
| 543 | + | statutes are repealed and the following is substituted in lieu thereof 437 |
---|
| 544 | + | (Effective July 1, 2025): 438 |
---|
| 545 | + | (a) Bonds and bond anticipation notes issued pursuant to sections 439 |
---|
| 546 | + | 13b-74 to 13b-77, inclusive, as amended by this act, are hereby 440 |
---|
| 547 | + | determined to be issued for valid public purposes in exercise of essential 441 |
---|
| 548 | + | governmental functions. Such bonds and bond anticipation notes shall 442 |
---|
| 549 | + | be special obligations of the state and shall not be payable from or 443 |
---|
| 550 | + | charged upon any funds other than the pledged revenues or other 444 |
---|
| 551 | + | receipts, funds or moneys pledged therefor as provided in sections 3-445 |
---|
| 552 | + | 21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 13a-80a, 446 |
---|
| 553 | + | sections 13a-175p to 13a-175u, inclusive, subsection (f) of section 13b-42, 447 |
---|
| 554 | + | sections 13b-59, as amended by this act, 13b-61, 13b-69, 13b-71, 13b-74 to 448 |
---|
| 555 | + | 13b-77, inclusive, as amended by this act, and 13b-80, subsection (a) of 449 |
---|
| 556 | + | section 13b-97, subsection (a) of section 14-12, except for subdivision (2) 450 |
---|
| 557 | + | of said subsection (a), sections 14-15, 14-16a and 14-21c, subsection (a) 451 |
---|
| 558 | + | of section 14-25a, section 14-28, subsection (b) of section 14-35, 452 |
---|
| 559 | + | subsection (a) of section 14-41, section 14-41a, subsection (a) of section 453 |
---|
| 560 | + | 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection (a) of section 454 |
---|
| 561 | + | 14-50a, sections 14-52 and 14-58, subsection [(c)] (d) of section 14-66, as 455 |
---|
| 562 | + | amended by this act, subsection (e) of section 14-67, sections 14-67a, 14-456 |
---|
| 563 | + | 67d, 14-67l and 14-69, subsection (e) of section 14-73, subsection (c) of 457 |
---|
| 564 | + | section 14-96q, sections 14-103a and 14-160, subsection (a) of section 14-458 |
---|
| 565 | + | Raised Bill No. 1449 |
---|
556 | | - | Sec. 5. Section 29-23a of the general statutes is repealed and the 481 |
---|
557 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 482 |
---|
558 | | - | (a) The Division of State Police within the Department of Emergency 483 |
---|
559 | | - | Services and Public Protection [may] shall establish, within its patrol 484 |
---|
560 | | - | jurisdiction, a rotational system for summoning [licensed wrecker 485 |
---|
561 | | - | operators] wrecker services, as defined in section 14-66, as amended by 486 |
---|
562 | | - | this act, for the purpose of towing or transporting motor vehicles which 487 |
---|
563 | | - | are disabled, inoperative or wrecked in the event the owners or 488 |
---|
564 | | - | operators of such vehicles are incapacitated, unavailable or leave the 489 |
---|
565 | | - | procurement of wrecker service to the officer at the scene of an accident 490 |
---|
566 | | - | or the location of a disabled vehicle. Any such [licensee] wrecker service 491 |
---|
567 | | - | may participate in such system, provided (1) [his operators fulfill] such 492 |
---|
568 | | - | wrecker service fulfills certain qualifications, including certification by 493 |
---|
569 | | - | the Towing and Recovery Association of America or a certification 494 |
---|
570 | | - | program approved by the Commissioner of Emergency Services and 495 |
---|
571 | | - | Public Protection, and [his] the wrecker service's equipment meets 496 |
---|
572 | | - | safety and mechanical standards established by the Commissioner of 497 |
---|
573 | | - | Emergency Services and Public Protection and the Commissioner of 498 |
---|
574 | | - | Motor Vehicles, and (2) [his] the wrecker service's business is located so 499 |
---|
575 | | - | as to provide prompt and efficient service. 500 |
---|
576 | | - | (b) The Commissioner of Emergency Services and Public Protection 501 |
---|
577 | | - | shall grant variations or exemptions from, or approve equivalent or 502 |
---|
578 | | - | alternate compliance with, the provisions of this section where strict 503 |
---|
579 | | - | compliance with such provisions would entail practical difficulty or 504 |
---|
580 | | - | unnecessary hardship or is otherwise adjudged unwarranted, provided 505 |
---|
581 | | - | any such variation, exemption, approved equivalent or alternate 506 |
---|
582 | | - | compliance shall, in the opinion of said commissioner, secure the public 507 |
---|
583 | | - | safety. 508 |
---|
584 | | - | (c) The Commissioner of Emergency Services and Public Protection 509 |
---|
585 | | - | shall adopt regulations in accordance with the provisions of chapter 54 510 |
---|
586 | | - | concerning the operation of such rotational system and the removal 511 |
---|
587 | | - | from the system of wrecker services which fail to comply with the 512 |
---|
588 | | - | requirements specified in such regulations or any provision of the 513 Substitute Bill No. 1449 |
---|
| 569 | + | LCO No. 5788 16 of 32 |
---|
| 570 | + | |
---|
| 571 | + | 164a, subsection (a) of section 14-192, sections 14-319, 14-320 and 14-381, 459 |
---|
| 572 | + | subsection (b) of section 14-382 and sections 15-14 and 16-299, nor shall 460 |
---|
| 573 | + | the state or any political subdivision thereof be subject to any liability 461 |
---|
| 574 | + | thereon, except to the extent of such pledged revenues or other receipts, 462 |
---|
| 575 | + | funds or moneys pledged therefor as provided in said sections. As part 463 |
---|
| 576 | + | of the contract of the state with the owners of said bonds and bond 464 |
---|
| 577 | + | anticipation notes, all amounts necessary for punctual payment of the 465 |
---|
| 578 | + | debt service requirements with respect to such bonds and bond 466 |
---|
| 579 | + | anticipation notes shall be deemed to be appropriated, but only from the 467 |
---|
| 580 | + | sources pledged pursuant to said sections, upon the authorization of 468 |
---|
| 581 | + | issuance of such bonds and bond anticipation notes by the State Bond 469 |
---|
| 582 | + | Commission, or the filing of a certificate of determination by the 470 |
---|
| 583 | + | Treasurer in accordance with subsection (c) of this section, and the 471 |
---|
| 584 | + | Treasurer shall pay such principal and interest as the same shall accrue, 472 |
---|
| 585 | + | but only from such sources. The issuance of bonds or bond anticipation 473 |
---|
| 586 | + | notes issued under sections 13b-74 to 13b-77, inclusive, as amended by 474 |
---|
| 587 | + | this act, shall not directly or indirectly or contingently obligate the state 475 |
---|
| 588 | + | or any political subdivision thereof to levy or to pledge any form of 476 |
---|
| 589 | + | taxation whatever therefor, except for taxes included in the pledged 477 |
---|
| 590 | + | revenues, or to make any additional appropriation for their payment. 478 |
---|
| 591 | + | Such bonds and bond anticipation notes shall not constitute a charge, 479 |
---|
| 592 | + | lien or encumbrance, legal or equitable, upon any property of the state 480 |
---|
| 593 | + | or of any political subdivision thereof other than the pledged revenues 481 |
---|
| 594 | + | or other receipts, funds or moneys pledged therefor as provided in 482 |
---|
| 595 | + | sections 3-21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 483 |
---|
| 596 | + | 13a-80a, sections 13a-175p to 13a-175u, inclusive, subsection (f) of 484 |
---|
| 597 | + | section 13b-42, sections 13b-59, as amended by this act, 13b-61, 13b-69, 485 |
---|
| 598 | + | 13b-71, 13b-74 to 13b-77, inclusive, as amended by this act, and 13b-80, 486 |
---|
| 599 | + | subsection (a) of section 13b-97, subsection (a) of section 14-12, except 487 |
---|
| 600 | + | for subdivision (2) of said subsection (a), sections 14-15, 14-16a and 14-488 |
---|
| 601 | + | 21c, subsection (a) of section 14-25a, section 14-28, subsection (b) of 489 |
---|
| 602 | + | section 14-35, subsection (a) of section 14-41, section 14-41a, subsection 490 |
---|
| 603 | + | (a) of section 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection 491 |
---|
| 604 | + | (a) of section 14-50a, sections 14-52 and 14-58, subsection [(c)] (d) of 492 |
---|
| 605 | + | Raised Bill No. 1449 |
---|
593 | | - | general statutes or a regulation concerning the operation of a motor 514 |
---|
594 | | - | vehicle repair, towing or storage facility or the operation of a motor 515 |
---|
595 | | - | vehicle. 516 |
---|
596 | | - | Sec. 6. Subsection (b) of section 14-66c of the general statutes is 517 |
---|
597 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 518 |
---|
598 | | - | 2025): 519 |
---|
599 | | - | (b) If any motorized personal property is towed or otherwise 520 |
---|
600 | | - | removed by a wrecker [licensed under] service, as defined in section 14-521 |
---|
601 | | - | 66, as amended by this act, at the direction of an officer attached to an 522 |
---|
602 | | - | organized police department or an owner of real property where such 523 |
---|
603 | | - | personal property has been abandoned, such property shall be taken to 524 |
---|
604 | | - | and stored in a suitable place. Within forty-eight hours following the 525 |
---|
605 | | - | time that such property is taken into custody, the [licensee or operator 526 |
---|
606 | | - | of the] wrecker service shall give written notice by certified mail to the 527 |
---|
607 | | - | owner, if known, (1) that such property has been taken and stored, and 528 |
---|
608 | | - | (2) of the location of such property. Such [licensee or operator] wrecker 529 |
---|
609 | | - | service shall have a lien upon the same for towing or removal charges 530 |
---|
610 | | - | and storage charges. If such owner does not claim such property, or if 531 |
---|
611 | | - | the owner of such property is not known, the [licensee or operator of 532 |
---|
612 | | - | the] wrecker service may sell or dispose of such property after thirty 533 |
---|
613 | | - | days, subject to any provision of the general statutes, or any regulation 534 |
---|
614 | | - | adopted thereunder, concerning the sale or disposal of such property. 535 |
---|
615 | | - | Sec. 7. Subsection (f) of section 13b-59 of the general statutes is 536 |
---|
616 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 537 |
---|
617 | | - | 2025): 538 |
---|
618 | | - | (f) "Motor vehicle receipts" means all fees and other charges required 539 |
---|
619 | | - | by or levied pursuant to subsection (c) of section 14-12, section 14-15, 540 |
---|
620 | | - | subsection (a) of section 14-25a, section 14-28, subsection (b) of section 541 |
---|
621 | | - | 14-35, subsection (a) of section 14-41, sections 14-41a, 14-47 and 14-48b, 542 |
---|
622 | | - | subsection (a) of section 14-49, subdivision (1) of subsection (b) of 543 |
---|
623 | | - | section 14-49, except as provided under subdivision (2) of subsection (b) 544 |
---|
624 | | - | of said section, subsections (c), (d), (e), (f), (g), (h), (i), (k), (l), (m), (n), (o), 545 Substitute Bill No. 1449 |
---|
| 609 | + | LCO No. 5788 17 of 32 |
---|
| 610 | + | |
---|
| 611 | + | section 14-66, as amended by this act, subsection (e) of section 14-67, 493 |
---|
| 612 | + | sections 14-67a, 14-67d, 14-67l and 14-69, subsection (e) of section 14-73, 494 |
---|
| 613 | + | subsection (c) of section 14-96q, sections 14-103a and 14-160, subsection 495 |
---|
| 614 | + | (a) of section 14-164a, subsection (a) of section 14-192, sections 14-319, 496 |
---|
| 615 | + | 14-320 and 14-381, subsection (b) of section 14-382 and section 15-14, and 497 |
---|
| 616 | + | the substance of such limitation shall be plainly stated on the face of each 498 |
---|
| 617 | + | such bond and bond anticipation note. Bonds and bond anticipation 499 |
---|
| 618 | + | notes issued pursuant to sections 13b-74 to 13b-77, inclusive, as 500 |
---|
| 619 | + | amended by this act, shall not be subject to any statutory limitation on 501 |
---|
| 620 | + | the indebtedness of the state, and, when issued, shall not be included in 502 |
---|
| 621 | + | computing the aggregate indebtedness of the state in respect to and to 503 |
---|
| 622 | + | the extent of any such limitation. 504 |
---|
| 623 | + | (b) Bonds issued pursuant to sections 13b-74 to 13b-77, inclusive, as 505 |
---|
| 624 | + | amended by this act, may be executed and delivered at such time or 506 |
---|
| 625 | + | times and shall be dated, bear interest at such rate or rates, including 507 |
---|
| 626 | + | variable rates to be determined in such manner as set forth in the 508 |
---|
| 627 | + | proceedings authorizing the issuance of the bonds, provide for payment 509 |
---|
| 628 | + | of interest on such dates, whether before or at maturity, be issued at, 510 |
---|
| 629 | + | above or below par, mature at such time or times not exceeding thirty 511 |
---|
| 630 | + | years from their date, have such rank or priority, be payable in such 512 |
---|
| 631 | + | medium of payment, be issued in such form, including without 513 |
---|
| 632 | + | limitation registered or book-entry form, carry such registration and 514 |
---|
| 633 | + | transfer privileges and be made subject to purchase or redemption 515 |
---|
| 634 | + | before maturity at such price or prices and under such terms and 516 |
---|
| 635 | + | conditions, including the condition that such bonds be subject to 517 |
---|
| 636 | + | purchase or redemption on the demand of the owner thereof, all as may 518 |
---|
| 637 | + | be provided by the State Bond Commission. The State Bond 519 |
---|
| 638 | + | Commission shall determine the form of the bonds, the manner of 520 |
---|
| 639 | + | execution of the bonds, the denomination or denominations of the 521 |
---|
| 640 | + | bonds and the manner of payment of principal and interest. Prior to the 522 |
---|
| 641 | + | preparation of definitive bonds, the State Bond Commission may, under 523 |
---|
| 642 | + | like restrictions, authorize the issuance of interim receipts or temporary 524 |
---|
| 643 | + | bonds, exchangeable for definitive bonds when such bonds have been 525 |
---|
| 644 | + | Raised Bill No. 1449 |
---|
629 | | - | (p), (q), (s), (t), (x) and (y) of section 14-49, section 14-49a, subsection (a) 546 |
---|
630 | | - | of section 14-50, subdivisions (1), (2), (3), (4), (5), (6) and (10) of 547 |
---|
631 | | - | subsection (a) of section 14-50a, sections 14-59, 14-61 and 14-65, 548 |
---|
632 | | - | subsection [(c)] (d) of section 14-66, as amended by this act, subsection 549 |
---|
633 | | - | (e) of section 14-67, sections 14-67a, 14-67d, 14-160 and 14-381, and 550 |
---|
634 | | - | subsection (c) of section 14-382; 551 |
---|
635 | | - | Sec. 8. Subsections (a) to (g), inclusive, of section 13b-76 of the general 552 |
---|
636 | | - | statutes are repealed and the following is substituted in lieu thereof 553 |
---|
637 | | - | (Effective July 1, 2025): 554 |
---|
638 | | - | (a) Bonds and bond anticipation notes issued pursuant to sections 555 |
---|
639 | | - | 13b-74 to 13b-77, inclusive, as amended by this act, are hereby 556 |
---|
640 | | - | determined to be issued for valid public purposes in exercise of essential 557 |
---|
641 | | - | governmental functions. Such bonds and bond anticipation notes shall 558 |
---|
642 | | - | be special obligations of the state and shall not be payable from or 559 |
---|
643 | | - | charged upon any funds other than the pledged revenues or other 560 |
---|
644 | | - | receipts, funds or moneys pledged therefor as provided in sections 3-561 |
---|
645 | | - | 21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 13a-80a, 562 |
---|
646 | | - | sections 13a-175p to 13a-175u, inclusive, subsection (f) of section 13b-42, 563 |
---|
647 | | - | sections 13b-59, as amended by this act, 13b-61, 13b-69, 13b-71, 13b-74 to 564 |
---|
648 | | - | 13b-77, inclusive, as amended by this act, and 13b-80, subsection (a) of 565 |
---|
649 | | - | section 13b-97, subsection (a) of section 14-12, except for subdivision (2) 566 |
---|
650 | | - | of said subsection (a), sections 14-15, 14-16a and 14-21c, subsection (a) 567 |
---|
651 | | - | of section 14-25a, section 14-28, subsection (b) of section 14-35, 568 |
---|
652 | | - | subsection (a) of section 14-41, section 14-41a, subsection (a) of section 569 |
---|
653 | | - | 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection (a) of section 570 |
---|
654 | | - | 14-50a, sections 14-52 and 14-58, subsection [(c)] (d) of section 14-66, as 571 |
---|
655 | | - | amended by this act, subsection (e) of section 14-67, sections 14-67a, 14-572 |
---|
656 | | - | 67d, 14-67l and 14-69, subsection (e) of section 14-73, subsection (c) of 573 |
---|
657 | | - | section 14-96q, sections 14-103a and 14-160, subsection (a) of section 14-574 |
---|
658 | | - | 164a, subsection (a) of section 14-192, sections 14-319, 14-320 and 14-381, 575 |
---|
659 | | - | subsection (b) of section 14-382 and sections 15-14 and 16-299, nor shall 576 |
---|
660 | | - | the state or any political subdivision thereof be subject to any liability 577 |
---|
661 | | - | thereon, except to the extent of such pledged revenues or other receipts, 578 |
---|
662 | | - | funds or moneys pledged therefor as provided in said sections. As part 579 Substitute Bill No. 1449 |
---|
| 648 | + | LCO No. 5788 18 of 32 |
---|
| 649 | + | |
---|
| 650 | + | executed and are available for delivery. If any of the officers whose 526 |
---|
| 651 | + | signatures appear on the bonds cease to be officers before the delivery 527 |
---|
| 652 | + | of any such bonds, such signatures shall, nevertheless, be valid and 528 |
---|
| 653 | + | sufficient for all purposes, the same as if such officers had remained in 529 |
---|
| 654 | + | office until delivery. Nothing [herein] in this section shall prevent any 530 |
---|
| 655 | + | series of bonds issued under sections 3-21a, 3-27a, 3-27f, 12-458 and 12-531 |
---|
| 656 | + | 458d, subsection (c) of section 13a-80a, sections 13a-175p to 13a-175u, 532 |
---|
| 657 | + | inclusive, subsection (f) of section 13b-42, sections 13b-59, as amended 533 |
---|
| 658 | + | by this act, 13b-61, 13b-69, 13b-71, 13b-74 to 13b-77, inclusive, as 534 |
---|
| 659 | + | amended by this act, and 13b-80, subsection (a) of section 13b-97, 535 |
---|
| 660 | + | subsection (a) of section 14-12, except for subdivision (2) of said 536 |
---|
| 661 | + | subsection (a), sections 14-15, 14-16a and 14-21c, subsection (a) of section 537 |
---|
| 662 | + | 14-25a, section 14-28, subsection (b) of section 14-35, subsection (a) of 538 |
---|
| 663 | + | section 14-41, section 14-41a, subsection (a) of section 14-44, sections 14-539 |
---|
| 664 | + | 47, 14-48b, 14-49 and 14-50, subsection (a) of section 14-50a, sections 14-540 |
---|
| 665 | + | 52 and 14-58, subsection [(c)] (d) of section 14-66, as amended by this 541 |
---|
| 666 | + | act, subsection (e) of section 14-67, sections 14-67a, 14-67d, 14-67l and 542 |
---|
| 667 | + | 14-69, subsection (e) of section 14-73, subsection (c) of section 14-96q, 543 |
---|
| 668 | + | sections 14-103a and 14-160, subsection (a) of section 14-164a, subsection 544 |
---|
| 669 | + | (a) of section 14-192, sections 14-319, 14-320 and 14-381, subsection (b) 545 |
---|
| 670 | + | of section 14-382 and sections 15-14 and 16-299 from being issued in 546 |
---|
| 671 | + | coupon form, in which case references to the bonds herein also shall 547 |
---|
| 672 | + | refer to the coupons attached thereto where appropriate, and references 548 |
---|
| 673 | + | to owners of bonds shall include holders of such bonds where 549 |
---|
| 674 | + | appropriate. 550 |
---|
| 675 | + | (c) Any bonds issued pursuant to sections 13b-74 to 13b-77, inclusive, 551 |
---|
| 676 | + | as amended by this act, may be sold at public sale on sealed proposals 552 |
---|
| 677 | + | or by negotiation in such manner, at such price or prices, at such time or 553 |
---|
| 678 | + | times and on such other terms and conditions of such bonds and the 554 |
---|
| 679 | + | issuance and sale thereof as the State Bond Commission may determine 555 |
---|
| 680 | + | to be in the best interests of the state, or the State Bond Commission may 556 |
---|
| 681 | + | delegate to the Treasurer all or any part of the foregoing powers in 557 |
---|
| 682 | + | which event the Treasurer shall exercise such powers unless the State 558 |
---|
| 683 | + | Raised Bill No. 1449 |
---|
667 | | - | of the contract of the state with the owners of said bonds and bond 580 |
---|
668 | | - | anticipation notes, all amounts necessary for punctual payment of the 581 |
---|
669 | | - | debt service requirements with respect to such bonds and bond 582 |
---|
670 | | - | anticipation notes shall be deemed to be appropriated, but only from the 583 |
---|
671 | | - | sources pledged pursuant to said sections, upon the authorization of 584 |
---|
672 | | - | issuance of such bonds and bond anticipation notes by the State Bond 585 |
---|
673 | | - | Commission, or the filing of a certificate of determination by the 586 |
---|
674 | | - | Treasurer in accordance with subsection (c) of this section, and the 587 |
---|
675 | | - | Treasurer shall pay such principal and interest as the same shall accrue, 588 |
---|
676 | | - | but only from such sources. The issuance of bonds or bond anticipation 589 |
---|
677 | | - | notes issued under sections 13b-74 to 13b-77, inclusive, as amended by 590 |
---|
678 | | - | this act, shall not directly or indirectly or contingently obligate the state 591 |
---|
679 | | - | or any political subdivision thereof to levy or to pledge any form of 592 |
---|
680 | | - | taxation whatever therefor, except for taxes included in the pledged 593 |
---|
681 | | - | revenues, or to make any additional appropriation for their payment. 594 |
---|
682 | | - | Such bonds and bond anticipation notes shall not constitute a charge, 595 |
---|
683 | | - | lien or encumbrance, legal or equitable, upon any property of the state 596 |
---|
684 | | - | or of any political subdivision thereof other than the pledged revenues 597 |
---|
685 | | - | or other receipts, funds or moneys pledged therefor as provided in 598 |
---|
686 | | - | sections 3-21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 599 |
---|
687 | | - | 13a-80a, sections 13a-175p to 13a-175u, inclusive, subsection (f) of 600 |
---|
688 | | - | section 13b-42, sections 13b-59, as amended by this act, 13b-61, 13b-69, 601 |
---|
689 | | - | 13b-71, 13b-74 to 13b-77, inclusive, as amended by this act, and 13b-80, 602 |
---|
690 | | - | subsection (a) of section 13b-97, subsection (a) of section 14-12, except 603 |
---|
691 | | - | for subdivision (2) of said subsection (a), sections 14-15, 14-16a and 14-604 |
---|
692 | | - | 21c, subsection (a) of section 14-25a, section 14-28, subsection (b) of 605 |
---|
693 | | - | section 14-35, subsection (a) of section 14-41, section 14-41a, subsection 606 |
---|
694 | | - | (a) of section 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection 607 |
---|
695 | | - | (a) of section 14-50a, sections 14-52 and 14-58, subsection [(c)] (d) of 608 |
---|
696 | | - | section 14-66, as amended by this act, subsection (e) of section 14-67, 609 |
---|
697 | | - | sections 14-67a, 14-67d, 14-67l and 14-69, subsection (e) of section 14-73, 610 |
---|
698 | | - | subsection (c) of section 14-96q, sections 14-103a and 14-160, subsection 611 |
---|
699 | | - | (a) of section 14-164a, subsection (a) of section 14-192, sections 14-319, 612 |
---|
700 | | - | 14-320 and 14-381, subsection (b) of section 14-382 and section 15-14, and 613 |
---|
701 | | - | the substance of such limitation shall be plainly stated on the face of each 614 Substitute Bill No. 1449 |
---|
| 687 | + | LCO No. 5788 19 of 32 |
---|
| 688 | + | |
---|
| 689 | + | Bond Commission, by adoption of a resolution prior to the exercise of 559 |
---|
| 690 | + | such powers by the Treasurer, shall elect to reassume the same. Such 560 |
---|
| 691 | + | powers shall be exercised from time to time in such manner as the 561 |
---|
| 692 | + | Treasurer shall determine to be in the best interests of the state and he 562 |
---|
| 693 | + | shall file a certificate of determination setting forth the details thereof 563 |
---|
| 694 | + | with the secretary of the State Bond Commission on or before the date 564 |
---|
| 695 | + | of delivery of such bonds, the details of which were determined by him 565 |
---|
| 696 | + | in accordance with such delegation. 566 |
---|
| 697 | + | (d) The debt service requirements with respect to any bonds and 567 |
---|
| 698 | + | bond anticipation notes issued pursuant to sections 13b-74 to 13b-77, 568 |
---|
| 699 | + | inclusive, as amended by this act, shall be secured by (1) a first call upon 569 |
---|
| 700 | + | the pledged revenues as they are received by the state and credited to 570 |
---|
| 701 | + | the Special Transportation Fund established under section 13b-68, and 571 |
---|
| 702 | + | (2) a lien upon any and all amounts held to the credit of said Special 572 |
---|
| 703 | + | Transportation Fund from time to time, provided [said] such lien shall 573 |
---|
| 704 | + | not extend to amounts held to the credit of such Special Transportation 574 |
---|
| 705 | + | Fund which represent (A) amounts borrowed by the Treasurer in 575 |
---|
| 706 | + | anticipation of state revenues pursuant to section 3-16, or (B) 576 |
---|
| 707 | + | transportation-related federal revenues of the state. Any obligation of 577 |
---|
| 708 | + | the state secured by [said] such lien to pay the unrefunded principal of 578 |
---|
| 709 | + | bond anticipation notes, including for this purpose any obligation of the 579 |
---|
| 710 | + | state under a reimbursement agreement entered into in connection with 580 |
---|
| 711 | + | a credit facility providing for payment of the unrefunded principal of 581 |
---|
| 712 | + | bond anticipation notes, shall be subordinate to any obligation of the 582 |
---|
| 713 | + | state secured by [said] such lien to pay (i) the debt service requirements 583 |
---|
| 714 | + | with respect to bonds, or (ii) any debt service requirements with respect 584 |
---|
| 715 | + | to bond anticipation notes other than debt service requirements relating 585 |
---|
| 716 | + | to unrefunded principal of bond anticipation notes or to obligations 586 |
---|
| 717 | + | under a credit facility for the payment of such unrefunded principal. 587 |
---|
| 718 | + | The debt service requirements with respect to bonds and bond 588 |
---|
| 719 | + | anticipation notes also may be secured by a pledge of reserves, sinking 589 |
---|
| 720 | + | funds and any other funds and accounts, including proceeds from 590 |
---|
| 721 | + | investment of any of the foregoing, established pursuant to sections 3-591 |
---|
| 722 | + | Raised Bill No. 1449 |
---|
706 | | - | such bond and bond anticipation note. Bonds and bond anticipation 615 |
---|
707 | | - | notes issued pursuant to sections 13b-74 to 13b-77, inclusive, as 616 |
---|
708 | | - | amended by this act, shall not be subject to any statutory limitation on 617 |
---|
709 | | - | the indebtedness of the state, and, when issued, shall not be included in 618 |
---|
710 | | - | computing the aggregate indebtedness of the state in respect to and to 619 |
---|
711 | | - | the extent of any such limitation. 620 |
---|
712 | | - | (b) Bonds issued pursuant to sections 13b-74 to 13b-77, inclusive, as 621 |
---|
713 | | - | amended by this act, may be executed and delivered at such time or 622 |
---|
714 | | - | times and shall be dated, bear interest at such rate or rates, including 623 |
---|
715 | | - | variable rates to be determined in such manner as set forth in the 624 |
---|
716 | | - | proceedings authorizing the issuance of the bonds, provide for payment 625 |
---|
717 | | - | of interest on such dates, whether before or at maturity, be issued at, 626 |
---|
718 | | - | above or below par, mature at such time or times not exceeding thirty 627 |
---|
719 | | - | years from their date, have such rank or priority, be payable in such 628 |
---|
720 | | - | medium of payment, be issued in such form, including without 629 |
---|
721 | | - | limitation registered or book-entry form, carry such registration and 630 |
---|
722 | | - | transfer privileges and be made subject to purchase or redemption 631 |
---|
723 | | - | before maturity at such price or prices and under such terms and 632 |
---|
724 | | - | conditions, including the condition that such bonds be subject to 633 |
---|
725 | | - | purchase or redemption on the demand of the owner thereof, all as may 634 |
---|
726 | | - | be provided by the State Bond Commission. The State Bond 635 |
---|
727 | | - | Commission shall determine the form of the bonds, the manner of 636 |
---|
728 | | - | execution of the bonds, the denomination or denominations of the 637 |
---|
729 | | - | bonds and the manner of payment of principal and interest. Prior to the 638 |
---|
730 | | - | preparation of definitive bonds, the State Bond Commission may, under 639 |
---|
731 | | - | like restrictions, authorize the issuance of interim receipts or temporary 640 |
---|
732 | | - | bonds, exchangeable for definitive bonds when such bonds have been 641 |
---|
733 | | - | executed and are available for delivery. If any of the officers whose 642 |
---|
734 | | - | signatures appear on the bonds cease to be officers before the delivery 643 |
---|
735 | | - | of any such bonds, such signatures shall, nevertheless, be valid and 644 |
---|
736 | | - | sufficient for all purposes, the same as if such officers had remained in 645 |
---|
737 | | - | office until delivery. Nothing [herein] in this section shall prevent any 646 |
---|
738 | | - | series of bonds issued under sections 3-21a, 3-27a, 3-27f, 12-458 and 12-647 |
---|
739 | | - | 458d, subsection (c) of section 13a-80a, sections 13a-175p to 13a-175u, 648 Substitute Bill No. 1449 |
---|
| 726 | + | LCO No. 5788 20 of 32 |
---|
| 727 | + | |
---|
| 728 | + | 21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 13a-80a, 592 |
---|
| 729 | + | sections 13a-175p to 13a-175u, inclusive, subsection (f) of section 13b-42, 593 |
---|
| 730 | + | sections 13b-59, as amended by this act, 13b-61, 13b-69, 13b-71, 13b-74 to 594 |
---|
| 731 | + | 13b-77, inclusive, as amended by this act, and 13b-80, subsection (a) of 595 |
---|
| 732 | + | section 13b-97, subsection (a) of section 14-12, except for subdivision (2) 596 |
---|
| 733 | + | of said subsection (a), sections 14-15, 14-16a and 14-21c, subsection (a) 597 |
---|
| 734 | + | of section 14-25a, section 14-28, subsection (b) of section 14-35, 598 |
---|
| 735 | + | subsection (a) of section 14-41, section 14-41a, subsection (a) of section 599 |
---|
| 736 | + | 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection (a) of section 600 |
---|
| 737 | + | 14-50a, sections 14-52 and 14-58, subsection [(c)] (d) of section 14-66, as 601 |
---|
| 738 | + | amended by this act, subsection (e) of section 14-67, sections 14-67a, 14-602 |
---|
| 739 | + | 67d, 14-67l and 14-69, subsection (e) of section 14-73, subsection (c) of 603 |
---|
| 740 | + | section 14-96q, sections 14-103a and 14-160, subsection (a) of section 14-604 |
---|
| 741 | + | 164a, subsection (a) of section 14-192, sections 14-319, 14-320 and 14-381, 605 |
---|
| 742 | + | subsection (b) of section 14-382 and sections 15-14 and 16-299 or the 606 |
---|
| 743 | + | proceedings authorizing the issuance of such bonds, and by moneys 607 |
---|
| 744 | + | paid under a credit facility, including, but not limited to, a letter of credit 608 |
---|
| 745 | + | or policy of bond insurance, issued by a financial institution pursuant to 609 |
---|
| 746 | + | an agreement authorized by such proceedings. 610 |
---|
| 747 | + | (e) The proceedings under which bonds are authorized to be issued 611 |
---|
| 748 | + | may, subject to the provisions of the general statutes, contain any or all 612 |
---|
| 749 | + | of the following: (1) Provisions respecting custody of the proceeds from 613 |
---|
| 750 | + | the sale of the bonds and any bond anticipation notes, including any 614 |
---|
| 751 | + | requirements that such proceeds be held separate from or not be 615 |
---|
| 752 | + | commingled with other funds of the state; (2) provisions for the 616 |
---|
| 753 | + | investment and reinvestment of bond proceeds until used to pay 617 |
---|
| 754 | + | transportation costs and for the disposition of any excess bond proceeds 618 |
---|
| 755 | + | or investment earnings thereon; (3) provisions for the execution of 619 |
---|
| 756 | + | reimbursement agreements or similar agreements in connection with 620 |
---|
| 757 | + | credit facilities, including, but not limited to, letters of credit or policies 621 |
---|
| 758 | + | of bond insurance, remarketing agreements and agreements for the 622 |
---|
| 759 | + | purpose of moderating interest rate fluctuations, and of such other 623 |
---|
| 760 | + | agreements entered into pursuant to section 3-20a; (4) provisions for the 624 |
---|
| 761 | + | Raised Bill No. 1449 |
---|
744 | | - | inclusive, subsection (f) of section 13b-42, sections 13b-59, as amended 649 |
---|
745 | | - | by this act, 13b-61, 13b-69, 13b-71, 13b-74 to 13b-77, inclusive, as 650 |
---|
746 | | - | amended by this act, and 13b-80, subsection (a) of section 13b-97, 651 |
---|
747 | | - | subsection (a) of section 14-12, except for subdivision (2) of said 652 |
---|
748 | | - | subsection (a), sections 14-15, 14-16a and 14-21c, subsection (a) of section 653 |
---|
749 | | - | 14-25a, section 14-28, subsection (b) of section 14-35, subsection (a) of 654 |
---|
750 | | - | section 14-41, section 14-41a, subsection (a) of section 14-44, sections 14-655 |
---|
751 | | - | 47, 14-48b, 14-49 and 14-50, subsection (a) of section 14-50a, sections 14-656 |
---|
752 | | - | 52 and 14-58, subsection [(c)] (d) of section 14-66, as amended by this 657 |
---|
753 | | - | act, subsection (e) of section 14-67, sections 14-67a, 14-67d, 14-67l and 658 |
---|
754 | | - | 14-69, subsection (e) of section 14-73, subsection (c) of section 14-96q, 659 |
---|
755 | | - | sections 14-103a and 14-160, subsection (a) of section 14-164a, subsection 660 |
---|
756 | | - | (a) of section 14-192, sections 14-319, 14-320 and 14-381, subsection (b) 661 |
---|
757 | | - | of section 14-382 and sections 15-14 and 16-299 from being issued in 662 |
---|
758 | | - | coupon form, in which case references to the bonds herein also shall 663 |
---|
759 | | - | refer to the coupons attached thereto where appropriate, and references 664 |
---|
760 | | - | to owners of bonds shall include holders of such bonds where 665 |
---|
761 | | - | appropriate. 666 |
---|
762 | | - | (c) Any bonds issued pursuant to sections 13b-74 to 13b-77, inclusive, 667 |
---|
763 | | - | as amended by this act, may be sold at public sale on sealed proposals 668 |
---|
764 | | - | or by negotiation in such manner, at such price or prices, at such time or 669 |
---|
765 | | - | times and on such other terms and conditions of such bonds and the 670 |
---|
766 | | - | issuance and sale thereof as the State Bond Commission may determine 671 |
---|
767 | | - | to be in the best interests of the state, or the State Bond Commission may 672 |
---|
768 | | - | delegate to the Treasurer all or any part of the foregoing powers in 673 |
---|
769 | | - | which event the Treasurer shall exercise such powers unless the State 674 |
---|
770 | | - | Bond Commission, by adoption of a resolution prior to the exercise of 675 |
---|
771 | | - | such powers by the Treasurer, shall elect to reassume the same. Such 676 |
---|
772 | | - | powers shall be exercised from time to time in such manner as the 677 |
---|
773 | | - | Treasurer shall determine to be in the best interests of the state and he 678 |
---|
774 | | - | shall file a certificate of determination setting forth the details thereof 679 |
---|
775 | | - | with the secretary of the State Bond Commission on or before the date 680 |
---|
776 | | - | of delivery of such bonds, the details of which were determined by him 681 |
---|
777 | | - | in accordance with such delegation. 682 Substitute Bill No. 1449 |
---|
| 765 | + | LCO No. 5788 21 of 32 |
---|
| 766 | + | |
---|
| 767 | + | collection, custody, investment, reinvestment and use of the pledged 625 |
---|
| 768 | + | revenues or other receipts, funds or moneys pledged therefor as 626 |
---|
| 769 | + | provided in sections 3-21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection 627 |
---|
| 770 | + | (c) of section 13a-80a, sections 13a-175p to 13a-175u, inclusive, 628 |
---|
| 771 | + | subsection (f) of section 13b-42, sections 13b-59, as amended by this act, 629 |
---|
| 772 | + | 13b-61, 13b-69, 13b-71, 13b-74 to 13b-77, inclusive, as amended by this 630 |
---|
| 773 | + | act, and 13b-80, subsection (a) of section 13b-97, subsection (a) of section 631 |
---|
| 774 | + | 14-12, except for subdivision (2) of said subsection (a), sections 14-15, 14-632 |
---|
| 775 | + | 16a and 14-21c, subsection (a) of section 14-25a, section 14-28, subsection 633 |
---|
| 776 | + | (b) of section 14-35, subsection (a) of section 14-41, section 14-41a, 634 |
---|
| 777 | + | subsection (a) of section 14-44, sections 14-47, 14-48b, 14-49 and 14-50, 635 |
---|
| 778 | + | subsection (a) of section 14-50a, sections 14-52 and 14-58, subsection [(c)] 636 |
---|
| 779 | + | (d) of section 14-66, as amended by this act, subsection (e) of section 14-637 |
---|
| 780 | + | 67, sections 14-67a, 14-67d, 14-67l and 14-69, subsection (e) of section 14-638 |
---|
| 781 | + | 73, subsection (c) of section 14-96q, sections 14-103a and 14-160, 639 |
---|
| 782 | + | subsection (a) of section 14-164a, subsection (a) of section 14-192, 640 |
---|
| 783 | + | sections 14-319, 14-320 and 14-381, subsection (b) of section 14-382 and 641 |
---|
| 784 | + | sections 15-14 and 16-299; (5) provisions regarding the establishment 642 |
---|
| 785 | + | and maintenance of reserves, sinking funds and any other funds and 643 |
---|
| 786 | + | accounts as shall be approved by the State Bond Commission in such 644 |
---|
| 787 | + | amounts as may be established by the State Bond Commission, and the 645 |
---|
| 788 | + | regulation and disposition thereof, including requirements that any 646 |
---|
| 789 | + | such funds and accounts be held separate from or not be commingled 647 |
---|
| 790 | + | with other funds of the state; (6) covenants for the establishment of 648 |
---|
| 791 | + | pledged revenue coverage requirements for the bonds and bond 649 |
---|
| 792 | + | anticipation notes, provided that no such covenant shall obligate the 650 |
---|
| 793 | + | state to provide coverage in any year with respect to any bonds or bond 651 |
---|
| 794 | + | anticipation notes in excess of four times the aggregate debt service on 652 |
---|
| 795 | + | bonds and bond anticipation notes, as described in subparagraph (A) of 653 |
---|
| 796 | + | subdivision (3) of section 13b-75, during such year; (7) covenants for the 654 |
---|
| 797 | + | establishment of maintenance requirements with respect to state 655 |
---|
| 798 | + | transportation facilities and properties; (8) provisions for the issuance of 656 |
---|
| 799 | + | additional bonds on a parity with bonds theretofore issued, including 657 |
---|
| 800 | + | establishment of coverage requirements with respect thereto as herein 658 |
---|
| 801 | + | Raised Bill No. 1449 |
---|
782 | | - | (d) The debt service requirements with respect to any bonds and 683 |
---|
783 | | - | bond anticipation notes issued pursuant to sections 13b-74 to 13b-77, 684 |
---|
784 | | - | inclusive, as amended by this act, shall be secured by (1) a first call upon 685 |
---|
785 | | - | the pledged revenues as they are received by the state and credited to 686 |
---|
786 | | - | the Special Transportation Fund established under section 13b-68, and 687 |
---|
787 | | - | (2) a lien upon any and all amounts held to the credit of said Special 688 |
---|
788 | | - | Transportation Fund from time to time, provided [said] such lien shall 689 |
---|
789 | | - | not extend to amounts held to the credit of such Special Transportation 690 |
---|
790 | | - | Fund which represent (A) amounts borrowed by the Treasurer in 691 |
---|
791 | | - | anticipation of state revenues pursuant to section 3-16, or (B) 692 |
---|
792 | | - | transportation-related federal revenues of the state. Any obligation of 693 |
---|
793 | | - | the state secured by [said] such lien to pay the unrefunded principal of 694 |
---|
794 | | - | bond anticipation notes, including for this purpose any obligation of the 695 |
---|
795 | | - | state under a reimbursement agreement entered into in connection with 696 |
---|
796 | | - | a credit facility providing for payment of the unrefunded principal of 697 |
---|
797 | | - | bond anticipation notes, shall be subordinate to any obligation of the 698 |
---|
798 | | - | state secured by [said] such lien to pay (i) the debt service requirements 699 |
---|
799 | | - | with respect to bonds, or (ii) any debt service requirements with respect 700 |
---|
800 | | - | to bond anticipation notes other than debt service requirements relating 701 |
---|
801 | | - | to unrefunded principal of bond anticipation notes or to obligations 702 |
---|
802 | | - | under a credit facility for the payment of such unrefunded principal. 703 |
---|
803 | | - | The debt service requirements with respect to bonds and bond 704 |
---|
804 | | - | anticipation notes also may be secured by a pledge of reserves, sinking 705 |
---|
805 | | - | funds and any other funds and accounts, including proceeds from 706 |
---|
806 | | - | investment of any of the foregoing, established pursuant to sections 3-707 |
---|
807 | | - | 21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 13a-80a, 708 |
---|
808 | | - | sections 13a-175p to 13a-175u, inclusive, subsection (f) of section 13b-42, 709 |
---|
809 | | - | sections 13b-59, as amended by this act, 13b-61, 13b-69, 13b-71, 13b-74 to 710 |
---|
810 | | - | 13b-77, inclusive, as amended by this act, and 13b-80, subsection (a) of 711 |
---|
811 | | - | section 13b-97, subsection (a) of section 14-12, except for subdivision (2) 712 |
---|
812 | | - | of said subsection (a), sections 14-15, 14-16a and 14-21c, subsection (a) 713 |
---|
813 | | - | of section 14-25a, section 14-28, subsection (b) of section 14-35, 714 |
---|
814 | | - | subsection (a) of section 14-41, section 14-41a, subsection (a) of section 715 |
---|
815 | | - | 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection (a) of section 716 |
---|
816 | | - | 14-50a, sections 14-52 and 14-58, subsection [(c)] (d) of section 14-66, as 717 Substitute Bill No. 1449 |
---|
| 805 | + | LCO No. 5788 22 of 32 |
---|
| 806 | + | |
---|
| 807 | + | provided; (9) provisions regarding the rights and remedies available in 659 |
---|
| 808 | + | case of a default to the bondowners, noteowners or any trustee under 660 |
---|
| 809 | + | any contract, loan agreement, document, instrument or trust indenture, 661 |
---|
| 810 | + | including the right to appoint a trustee to represent their interests upon 662 |
---|
| 811 | + | occurrence of an event of default, as defined in said proceedings, 663 |
---|
| 812 | + | provided that if any bonds or bond anticipation notes shall be secured 664 |
---|
| 813 | + | by a trust indenture, the respective owners of such bonds or notes shall 665 |
---|
| 814 | + | have no authority except as set forth in such trust indenture to appoint 666 |
---|
| 815 | + | a separate trustee to represent them; and (10) provisions or covenants of 667 |
---|
| 816 | + | like or different character from the foregoing which are consistent with 668 |
---|
| 817 | + | sections 3-21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 669 |
---|
| 818 | + | 13a-80a, sections 13a-175p to 13a-175u, inclusive, subsection (f) of 670 |
---|
| 819 | + | section 13b-42, sections 13b-59, as amended by this act, 13b-61, 13b-69, 671 |
---|
| 820 | + | 13b-71, 13b-74 to 13b-77, inclusive, as amended by this act, and 13b-80, 672 |
---|
| 821 | + | subsection (a) of section 13b-97, subsection (a) of section 14-12, except 673 |
---|
| 822 | + | for subdivision (2) of said subsection (a), sections 14-15, 14-16a and 14-674 |
---|
| 823 | + | 21c, subsection (a) of section 14-25a, section 14-28, subsection (b) of 675 |
---|
| 824 | + | section 14-35, subsection (a) of section 14-41, section 14-41a, subsection 676 |
---|
| 825 | + | (a) of section 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection 677 |
---|
| 826 | + | (a) of section 14-50a, sections 14-52 and 14-58, subsection [(c)] (d) of 678 |
---|
| 827 | + | section 14-66, as amended by this act, subsection (e) of section 14-67, 679 |
---|
| 828 | + | sections 14-67a, 14-67d, 14-67l and 14-69, subsection (e) of section 14-73, 680 |
---|
| 829 | + | subsection (c) of section 14-96q, sections 14-103a and 14-160, subsection 681 |
---|
| 830 | + | (a) of section 14-164a, subsection (a) of section 14-192, sections 14-319, 682 |
---|
| 831 | + | 14-320 and 14-381, subsection (b) of section 14-382 and sections 15-14 683 |
---|
| 832 | + | and 16-299 and which the State Bond Commission determines in such 684 |
---|
| 833 | + | proceedings are necessary, convenient or desirable in order to better 685 |
---|
| 834 | + | secure the bonds or bond anticipation notes, or will tend to make the 686 |
---|
| 835 | + | bonds or bond anticipation notes more marketable, and which are in the 687 |
---|
| 836 | + | best interests of the state. Any provision which may be included in 688 |
---|
| 837 | + | proceedings authorizing the issuance of bonds [hereunder] under this 689 |
---|
| 838 | + | section may be included in an indenture of trust duly approved in 690 |
---|
| 839 | + | accordance with subsection (g) of this section which secures the bonds 691 |
---|
| 840 | + | and any notes issued in anticipation thereof, and in such case the 692 |
---|
| 841 | + | Raised Bill No. 1449 |
---|
821 | | - | amended by this act, subsection (e) of section 14-67, sections 14-67a, 14-718 |
---|
822 | | - | 67d, 14-67l and 14-69, subsection (e) of section 14-73, subsection (c) of 719 |
---|
823 | | - | section 14-96q, sections 14-103a and 14-160, subsection (a) of section 14-720 |
---|
824 | | - | 164a, subsection (a) of section 14-192, sections 14-319, 14-320 and 14-381, 721 |
---|
825 | | - | subsection (b) of section 14-382 and sections 15-14 and 16-299 or the 722 |
---|
826 | | - | proceedings authorizing the issuance of such bonds, and by moneys 723 |
---|
827 | | - | paid under a credit facility, including, but not limited to, a letter of credit 724 |
---|
828 | | - | or policy of bond insurance, issued by a financial institution pursuant to 725 |
---|
829 | | - | an agreement authorized by such proceedings. 726 |
---|
830 | | - | (e) The proceedings under which bonds are authorized to be issued 727 |
---|
831 | | - | may, subject to the provisions of the general statutes, contain any or all 728 |
---|
832 | | - | of the following: (1) Provisions respecting custody of the proceeds from 729 |
---|
833 | | - | the sale of the bonds and any bond anticipation notes, including any 730 |
---|
834 | | - | requirements that such proceeds be held separate from or not be 731 |
---|
835 | | - | commingled with other funds of the state; (2) provisions for the 732 |
---|
836 | | - | investment and reinvestment of bond proceeds until used to pay 733 |
---|
837 | | - | transportation costs and for the disposition of any excess bond proceeds 734 |
---|
838 | | - | or investment earnings thereon; (3) provisions for the execution of 735 |
---|
839 | | - | reimbursement agreements or similar agreements in connection with 736 |
---|
840 | | - | credit facilities, including, but not limited to, letters of credit or policies 737 |
---|
841 | | - | of bond insurance, remarketing agreements and agreements for the 738 |
---|
842 | | - | purpose of moderating interest rate fluctuations, and of such other 739 |
---|
843 | | - | agreements entered into pursuant to section 3-20a; (4) provisions for the 740 |
---|
844 | | - | collection, custody, investment, reinvestment and use of the pledged 741 |
---|
845 | | - | revenues or other receipts, funds or moneys pledged therefor as 742 |
---|
846 | | - | provided in sections 3-21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection 743 |
---|
847 | | - | (c) of section 13a-80a, sections 13a-175p to 13a-175u, inclusive, 744 |
---|
848 | | - | subsection (f) of section 13b-42, sections 13b-59, as amended by this act, 745 |
---|
849 | | - | 13b-61, 13b-69, 13b-71, 13b-74 to 13b-77, inclusive, as amended by this 746 |
---|
850 | | - | act, and 13b-80, subsection (a) of section 13b-97, subsection (a) of section 747 |
---|
851 | | - | 14-12, except for subdivision (2) of said subsection (a), sections 14-15, 14-748 |
---|
852 | | - | 16a and 14-21c, subsection (a) of section 14-25a, section 14-28, subsection 749 |
---|
853 | | - | (b) of section 14-35, subsection (a) of section 14-41, section 14-41a, 750 |
---|
854 | | - | subsection (a) of section 14-44, sections 14-47, 14-48b, 14-49 and 14-50, 751 Substitute Bill No. 1449 |
---|
| 845 | + | LCO No. 5788 23 of 32 |
---|
| 846 | + | |
---|
| 847 | + | provisions of such indenture shall be deemed to be a part of such 693 |
---|
| 848 | + | proceedings as though they were expressly included therein. 694 |
---|
| 849 | + | (f) Any pledge made by the state shall be valid and binding from the 695 |
---|
| 850 | + | time when the pledge is made, and any revenues or other receipts, funds 696 |
---|
| 851 | + | or moneys so pledged and thereafter received by the state shall be 697 |
---|
| 852 | + | subject immediately to the lien of such pledge without any physical 698 |
---|
| 853 | + | delivery thereof or further act. The lien of any such pledge shall be valid 699 |
---|
| 854 | + | and binding as against all parties having claims of any kind in tort, 700 |
---|
| 855 | + | contract, or otherwise against the state, irrespective of whether such 701 |
---|
| 856 | + | parties have notice thereof. Neither the resolution nor any other 702 |
---|
| 857 | + | instrument by which a pledge is created need be recorded. 703 |
---|
| 858 | + | (g) In the discretion of the State Bond Commission, bonds issued 704 |
---|
| 859 | + | pursuant to sections 13b-74 to 13b-77, inclusive, as amended by this act, 705 |
---|
| 860 | + | including for this purpose any bond anticipation notes, may be secured 706 |
---|
| 861 | + | by a trust indenture by and between the state and a corporate trustee, 707 |
---|
| 862 | + | which may be any trust company or bank having the powers of a trust 708 |
---|
| 863 | + | company within or without the state. Such trust indenture may contain 709 |
---|
| 864 | + | such provisions for protecting and enforcing the rights and remedies of 710 |
---|
| 865 | + | the bondowners and noteowners as may be reasonable and proper and 711 |
---|
| 866 | + | not in violation of law, including covenants setting forth the duties of 712 |
---|
| 867 | + | the state in relation to the exercise of its powers pursuant to sections 3-713 |
---|
| 868 | + | 21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 13a-80a, 714 |
---|
| 869 | + | sections 13a-175p to 13a-175u, inclusive, subsection (f) of section 13b-42, 715 |
---|
| 870 | + | sections 13b-59, as amended by this act, 13b-61, 13b-69, 13b-71, 13b-74 to 716 |
---|
| 871 | + | 13b-77, inclusive, as amended by this act, and 13b-80, subsection (a) of 717 |
---|
| 872 | + | section 13b-97, subsection (a) of section 14-12, except for subdivision (2) 718 |
---|
| 873 | + | of said subsection (a), sections 14-15, 14-16a and 14-21c, subsection (a) 719 |
---|
| 874 | + | of section 14-25a, section 14-28, subsection (b) of section 14-35, 720 |
---|
| 875 | + | subsection (a) of section 14-41, section 14-41a, subsection (a) of section 721 |
---|
| 876 | + | 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection (a) of section 722 |
---|
| 877 | + | 14-50a, sections 14-52 and 14-58, subsection [(c)] (d) of section 14-66, as 723 |
---|
| 878 | + | amended by this act, subsection (e) of section 14-67, sections 14-67a, 14-724 |
---|
| 879 | + | 67d, 14-67l and 14-69, subsection (e) of section 14-73, subsection (c) of 725 |
---|
| 880 | + | Raised Bill No. 1449 |
---|
859 | | - | subsection (a) of section 14-50a, sections 14-52 and 14-58, subsection [(c)] 752 |
---|
860 | | - | (d) of section 14-66, as amended by this act, subsection (e) of section 14-753 |
---|
861 | | - | 67, sections 14-67a, 14-67d, 14-67l and 14-69, subsection (e) of section 14-754 |
---|
862 | | - | 73, subsection (c) of section 14-96q, sections 14-103a and 14-160, 755 |
---|
863 | | - | subsection (a) of section 14-164a, subsection (a) of section 14-192, 756 |
---|
864 | | - | sections 14-319, 14-320 and 14-381, subsection (b) of section 14-382 and 757 |
---|
865 | | - | sections 15-14 and 16-299; (5) provisions regarding the establishment 758 |
---|
866 | | - | and maintenance of reserves, sinking funds and any other funds and 759 |
---|
867 | | - | accounts as shall be approved by the State Bond Commission in such 760 |
---|
868 | | - | amounts as may be established by the State Bond Commission, and the 761 |
---|
869 | | - | regulation and disposition thereof, including requirements that any 762 |
---|
870 | | - | such funds and accounts be held separate from or not be commingled 763 |
---|
871 | | - | with other funds of the state; (6) covenants for the establishment of 764 |
---|
872 | | - | pledged revenue coverage requirements for the bonds and bond 765 |
---|
873 | | - | anticipation notes, provided that no such covenant shall obligate the 766 |
---|
874 | | - | state to provide coverage in any year with respect to any bonds or bond 767 |
---|
875 | | - | anticipation notes in excess of four times the aggregate debt service on 768 |
---|
876 | | - | bonds and bond anticipation notes, as described in subparagraph (A) of 769 |
---|
877 | | - | subdivision (3) of section 13b-75, during such year; (7) covenants for the 770 |
---|
878 | | - | establishment of maintenance requirements with respect to state 771 |
---|
879 | | - | transportation facilities and properties; (8) provisions for the issuance of 772 |
---|
880 | | - | additional bonds on a parity with bonds theretofore issued, including 773 |
---|
881 | | - | establishment of coverage requirements with respect thereto as herein 774 |
---|
882 | | - | provided; (9) provisions regarding the rights and remedies available in 775 |
---|
883 | | - | case of a default to the bondowners, noteowners or any trustee under 776 |
---|
884 | | - | any contract, loan agreement, document, instrument or trust indenture, 777 |
---|
885 | | - | including the right to appoint a trustee to represent their interests upon 778 |
---|
886 | | - | occurrence of an event of default, as defined in said proceedings, 779 |
---|
887 | | - | provided that if any bonds or bond anticipation notes shall be secured 780 |
---|
888 | | - | by a trust indenture, the respective owners of such bonds or notes shall 781 |
---|
889 | | - | have no authority except as set forth in such trust indenture to appoint 782 |
---|
890 | | - | a separate trustee to represent them; and (10) provisions or covenants of 783 |
---|
891 | | - | like or different character from the foregoing which are consistent with 784 |
---|
892 | | - | sections 3-21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 785 |
---|
893 | | - | 13a-80a, sections 13a-175p to 13a-175u, inclusive, subsection (f) of 786 Substitute Bill No. 1449 |
---|
| 884 | + | LCO No. 5788 24 of 32 |
---|
| 885 | + | |
---|
| 886 | + | section 14-96q, sections 14-103a and 14-160, subsection (a) of section 14-726 |
---|
| 887 | + | 164a, subsection (a) of section 14-192, sections 14-319, 14-320 and 14-381, 727 |
---|
| 888 | + | subsection (b) of section 14-382 and sections 15-14 and 16-299 and the 728 |
---|
| 889 | + | custody, safeguarding and application of all moneys. The state may 729 |
---|
| 890 | + | provide by such trust indenture for the payment of the pledged 730 |
---|
| 891 | + | revenues or other receipts, funds or moneys to the trustee under such 731 |
---|
| 892 | + | trust indenture or to any other depository, and for the method of 732 |
---|
| 893 | + | disbursement thereof, with such safeguards and restrictions as it may 733 |
---|
| 894 | + | determine. All expenses incurred in carrying out such trust indenture 734 |
---|
| 895 | + | may be treated as transportation costs, as defined in section 13b-75. 735 |
---|
| 896 | + | Sec. 8. Subsection (c) of section 13b-77 of the general statutes is 736 |
---|
| 897 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 737 |
---|
| 898 | + | 2025): 738 |
---|
| 899 | + | (c) The state covenants with the purchasers and all subsequent 739 |
---|
| 900 | + | owners and transferees of bonds and bond anticipation notes issued by 740 |
---|
| 901 | + | the state pursuant to sections 13b-74 to 13b-77, inclusive, as amended by 741 |
---|
| 902 | + | this act, in consideration of the acceptance of the payment for the bonds 742 |
---|
| 903 | + | and bond anticipation notes, until such bonds and bond anticipation 743 |
---|
| 904 | + | notes, together with the interest thereon, with interest on any unpaid 744 |
---|
| 905 | + | installment of interest and all costs and expenses in connection with any 745 |
---|
| 906 | + | action or proceeding on behalf of such owners, are fully met and 746 |
---|
| 907 | + | discharged, or unless expressly permitted or otherwise authorized by 747 |
---|
| 908 | + | the terms of each contract and agreement made or entered into by or on 748 |
---|
| 909 | + | behalf of the state with or for the benefit of such owners, that the state 749 |
---|
| 910 | + | will impose, charge, raise, levy, collect and apply the pledged revenues 750 |
---|
| 911 | + | and other receipts, funds or moneys pledged for the payment of debt 751 |
---|
| 912 | + | service requirements as provided in sections 13b-74 to 13b-77, inclusive, 752 |
---|
| 913 | + | as amended by this act, in such amounts as may be necessary to pay 753 |
---|
| 914 | + | such debt service requirements in each year in which bonds or bond 754 |
---|
| 915 | + | anticipation notes are outstanding and further, that the state (1) will not 755 |
---|
| 916 | + | limit or alter the duties imposed on the Treasurer and other officers of 756 |
---|
| 917 | + | the state by sections 3-21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection 757 |
---|
| 918 | + | (c) of section 13a-80a, sections 13a-175p to 13a-175u, inclusive, 758 |
---|
| 919 | + | Raised Bill No. 1449 |
---|
898 | | - | section 13b-42, sections 13b-59, as amended by this act, 13b-61, 13b-69, 787 |
---|
899 | | - | 13b-71, 13b-74 to 13b-77, inclusive, as amended by this act, and 13b-80, 788 |
---|
900 | | - | subsection (a) of section 13b-97, subsection (a) of section 14-12, except 789 |
---|
901 | | - | for subdivision (2) of said subsection (a), sections 14-15, 14-16a and 14-790 |
---|
902 | | - | 21c, subsection (a) of section 14-25a, section 14-28, subsection (b) of 791 |
---|
903 | | - | section 14-35, subsection (a) of section 14-41, section 14-41a, subsection 792 |
---|
904 | | - | (a) of section 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection 793 |
---|
905 | | - | (a) of section 14-50a, sections 14-52 and 14-58, subsection [(c)] (d) of 794 |
---|
906 | | - | section 14-66, as amended by this act, subsection (e) of section 14-67, 795 |
---|
907 | | - | sections 14-67a, 14-67d, 14-67l and 14-69, subsection (e) of section 14-73, 796 |
---|
908 | | - | subsection (c) of section 14-96q, sections 14-103a and 14-160, subsection 797 |
---|
909 | | - | (a) of section 14-164a, subsection (a) of section 14-192, sections 14-319, 798 |
---|
910 | | - | 14-320 and 14-381, subsection (b) of section 14-382 and sections 15-14 799 |
---|
911 | | - | and 16-299 and which the State Bond Commission determines in such 800 |
---|
912 | | - | proceedings are necessary, convenient or desirable in order to better 801 |
---|
913 | | - | secure the bonds or bond anticipation notes, or will tend to make the 802 |
---|
914 | | - | bonds or bond anticipation notes more marketable, and which are in the 803 |
---|
915 | | - | best interests of the state. Any provision which may be included in 804 |
---|
916 | | - | proceedings authorizing the issuance of bonds [hereunder] under this 805 |
---|
917 | | - | section may be included in an indenture of trust duly approved in 806 |
---|
918 | | - | accordance with subsection (g) of this section which secures the bonds 807 |
---|
919 | | - | and any notes issued in anticipation thereof, and in such case the 808 |
---|
920 | | - | provisions of such indenture shall be deemed to be a part of such 809 |
---|
921 | | - | proceedings as though they were expressly included therein. 810 |
---|
922 | | - | (f) Any pledge made by the state shall be valid and binding from the 811 |
---|
923 | | - | time when the pledge is made, and any revenues or other receipts, funds 812 |
---|
924 | | - | or moneys so pledged and thereafter received by the state shall be 813 |
---|
925 | | - | subject immediately to the lien of such pledge without any physical 814 |
---|
926 | | - | delivery thereof or further act. The lien of any such pledge shall be valid 815 |
---|
927 | | - | and binding as against all parties having claims of any kind in tort, 816 |
---|
928 | | - | contract, or otherwise against the state, irrespective of whether such 817 |
---|
929 | | - | parties have notice thereof. Neither the resolution nor any other 818 |
---|
930 | | - | instrument by which a pledge is created need be recorded. 819 |
---|
931 | | - | (g) In the discretion of the State Bond Commission, bonds issued 820 Substitute Bill No. 1449 |
---|
| 923 | + | LCO No. 5788 25 of 32 |
---|
| 924 | + | |
---|
| 925 | + | subsection (f) of section 13b-42, sections 13b-59, as amended by this act, 759 |
---|
| 926 | + | 13b-61, 13b-69, 13b-71, 13b-74 to 13b-77, inclusive, as amended by this 760 |
---|
| 927 | + | act, and 13b-80, subsection (a) of section 13b-97, subsection (a) of section 761 |
---|
| 928 | + | 14-12, except for subdivision (2) of said subsection (a), sections 14-15, 14-762 |
---|
| 929 | + | 16a and 14-21c, subsection (a) of section 14-25a, section 14-28, subsection 763 |
---|
| 930 | + | (b) of section 14-35, subsection (a) of section 14-41, section 14-41a, 764 |
---|
| 931 | + | subsection (a) of section 14-44, sections 14-47, 14-48b, 14-49 and 14-50, 765 |
---|
| 932 | + | subsection (a) of section 14-50a, sections 14-52 and 14-58, subsection [(c)] 766 |
---|
| 933 | + | (d) of section 14-66, as amended by this act, subsection (e) of section 14-767 |
---|
| 934 | + | 67, sections 14-67a, 14-67d, 14-67l and 14-69, subsection (e) of section 14-768 |
---|
| 935 | + | 73, subsection (c) of section 14-96q, sections 14-103a and 14-160, 769 |
---|
| 936 | + | subsection (a) of section 14-164a, subsection (a) of section 14-192, 770 |
---|
| 937 | + | sections 14-319, 14-320 and 14-381, subsection (b) of section 14-382 and 771 |
---|
| 938 | + | section 15-14 and by the proceedings authorizing the issuance of bonds 772 |
---|
| 939 | + | with respect to application of pledged revenues or other receipts, funds 773 |
---|
| 940 | + | or moneys pledged for the payment of debt service requirements as 774 |
---|
| 941 | + | provided in said sections; (2) will not issue any bonds, notes or other 775 |
---|
| 942 | + | evidences of indebtedness, other than the bonds and bond anticipation 776 |
---|
| 943 | + | notes, having any rights arising out of said sections or secured by any 777 |
---|
| 944 | + | pledge of or other lien or charge on the pledged revenues or other 778 |
---|
| 945 | + | receipts, funds or moneys pledged for the payment of debt service 779 |
---|
| 946 | + | requirements as provided in said sections; (3) will not create or cause to 780 |
---|
| 947 | + | be created any lien or charge on such pledged amounts, other than a lien 781 |
---|
| 948 | + | or pledge created thereon pursuant to said sections, provided nothing 782 |
---|
| 949 | + | in this subsection shall prevent the state from issuing evidences of 783 |
---|
| 950 | + | indebtedness (A) which are secured by a pledge or lien which is and 784 |
---|
| 951 | + | shall on the face thereof be expressly subordinate and junior in all 785 |
---|
| 952 | + | respects to every lien and pledge created by or pursuant to said sections; 786 |
---|
| 953 | + | or (B) for which the full faith and credit of the state is pledged and which 787 |
---|
| 954 | + | are not expressly secured by any specific lien or charge on such pledged 788 |
---|
| 955 | + | amounts; or (C) which are secured by a pledge of or lien on moneys or 789 |
---|
| 956 | + | funds derived on or after such date as every pledge or lien thereon 790 |
---|
| 957 | + | created by or pursuant to said sections shall be discharged and satisfied; 791 |
---|
| 958 | + | (4) will carry out and perform, or cause to be carried out and performed, 792 |
---|
| 959 | + | Raised Bill No. 1449 |
---|
936 | | - | pursuant to sections 13b-74 to 13b-77, inclusive, as amended by this act, 821 |
---|
937 | | - | including for this purpose any bond anticipation notes, may be secured 822 |
---|
938 | | - | by a trust indenture by and between the state and a corporate trustee, 823 |
---|
939 | | - | which may be any trust company or bank having the powers of a trust 824 |
---|
940 | | - | company within or without the state. Such trust indenture may contain 825 |
---|
941 | | - | such provisions for protecting and enforcing the rights and remedies of 826 |
---|
942 | | - | the bondowners and noteowners as may be reasonable and proper and 827 |
---|
943 | | - | not in violation of law, including covenants setting forth the duties of 828 |
---|
944 | | - | the state in relation to the exercise of its powers pursuant to sections 3-829 |
---|
945 | | - | 21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 13a-80a, 830 |
---|
946 | | - | sections 13a-175p to 13a-175u, inclusive, subsection (f) of section 13b-42, 831 |
---|
947 | | - | sections 13b-59, as amended by this act, 13b-61, 13b-69, 13b-71, 13b-74 to 832 |
---|
948 | | - | 13b-77, inclusive, as amended by this act, and 13b-80, subsection (a) of 833 |
---|
949 | | - | section 13b-97, subsection (a) of section 14-12, except for subdivision (2) 834 |
---|
950 | | - | of said subsection (a), sections 14-15, 14-16a and 14-21c, subsection (a) 835 |
---|
951 | | - | of section 14-25a, section 14-28, subsection (b) of section 14-35, 836 |
---|
952 | | - | subsection (a) of section 14-41, section 14-41a, subsection (a) of section 837 |
---|
953 | | - | 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection (a) of section 838 |
---|
954 | | - | 14-50a, sections 14-52 and 14-58, subsection [(c)] (d) of section 14-66, as 839 |
---|
955 | | - | amended by this act, subsection (e) of section 14-67, sections 14-67a, 14-840 |
---|
956 | | - | 67d, 14-67l and 14-69, subsection (e) of section 14-73, subsection (c) of 841 |
---|
957 | | - | section 14-96q, sections 14-103a and 14-160, subsection (a) of section 14-842 |
---|
958 | | - | 164a, subsection (a) of section 14-192, sections 14-319, 14-320 and 14-381, 843 |
---|
959 | | - | subsection (b) of section 14-382 and sections 15-14 and 16-299 and the 844 |
---|
960 | | - | custody, safeguarding and application of all moneys. The state may 845 |
---|
961 | | - | provide by such trust indenture for the payment of the pledged 846 |
---|
962 | | - | revenues or other receipts, funds or moneys to the trustee under such 847 |
---|
963 | | - | trust indenture or to any other depository, and for the method of 848 |
---|
964 | | - | disbursement thereof, with such safeguards and restrictions as it may 849 |
---|
965 | | - | determine. All expenses incurred in carrying out such trust indenture 850 |
---|
966 | | - | may be treated as transportation costs, as defined in section 13b-75. 851 |
---|
967 | | - | Sec. 9. Subsection (c) of section 13b-77 of the general statutes is 852 |
---|
968 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 853 |
---|
969 | | - | 2025): 854 Substitute Bill No. 1449 |
---|
| 963 | + | LCO No. 5788 26 of 32 |
---|
| 964 | + | |
---|
| 965 | + | each and every promise, covenant, agreement or contract made or 793 |
---|
| 966 | + | entered into by the state or on its behalf with the owners of any bonds 794 |
---|
| 967 | + | or bond anticipation notes; (5) will not in any way impair the rights, 795 |
---|
| 968 | + | exemptions or remedies of such owners; and (6) will not limit, modify, 796 |
---|
| 969 | + | rescind, repeal or otherwise alter the rights or obligations of the 797 |
---|
| 970 | + | appropriate officers of the state to impose, maintain, charge or collect 798 |
---|
| 971 | + | the taxes, fees, charges and other receipts constituting the pledged 799 |
---|
| 972 | + | revenues as may be necessary to produce sufficient revenues to fulfill 800 |
---|
| 973 | + | the terms of the proceedings authorizing the issuance of the bonds, 801 |
---|
| 974 | + | including pledged revenue coverage requirements, and provided 802 |
---|
| 975 | + | nothing herein shall preclude the state from exercising its power, 803 |
---|
| 976 | + | through a change in law, to limit, modify, rescind, repeal or otherwise 804 |
---|
| 977 | + | alter the character or amount of such pledged revenues or to substitute 805 |
---|
| 978 | + | like or different sources of taxes, fees, charges or other receipts as 806 |
---|
| 979 | + | pledged revenues if, for the ensuing fiscal year, as evidenced by the 807 |
---|
| 980 | + | proposed or adopted budget of the state with respect to the Special 808 |
---|
| 981 | + | Transportation Fund, the projected revenues meet or exceed the 809 |
---|
| 982 | + | estimated expenses of the Special Transportation Fund including 810 |
---|
| 983 | + | accumulated deficits, if any, debt service requirements and any pledged 811 |
---|
| 984 | + | revenue coverage requirement. The State Bond Commission is 812 |
---|
| 985 | + | authorized to include this covenant of the state in any agreement with 813 |
---|
| 986 | + | the owner of any such bonds or bond anticipation notes. 814 |
---|
| 987 | + | Sec. 9. Section 14-66b of the general statutes is repealed and the 815 |
---|
| 988 | + | following is substituted in lieu thereof (Effective July 1, 2025): 816 |
---|
| 989 | + | (a) Each owner of a wrecker registered pursuant to subsection [(c)] 817 |
---|
| 990 | + | (d) of section 14-66, as amended by this act, shall keep and maintain a 818 |
---|
| 991 | + | record stating the following information: (1) The registration number of 819 |
---|
| 992 | + | each motor vehicle towed or transported and the registration number of 820 |
---|
| 993 | + | each wrecker used to tow or transport such motor vehicle; (2) the date 821 |
---|
| 994 | + | and time the tow commenced and was completed; (3) the location from 822 |
---|
| 995 | + | which the disabled motor vehicle was towed and the destination of such 823 |
---|
| 996 | + | tow; (4) the mileage of the wrecker at the commencement and 824 |
---|
| 997 | + | completion of the tow; (5) the charge for tow service and any other 825 |
---|
| 998 | + | Raised Bill No. 1449 |
---|
974 | | - | (c) The state covenants with the purchasers and all subsequent 855 |
---|
975 | | - | owners and transferees of bonds and bond anticipation notes issued by 856 |
---|
976 | | - | the state pursuant to sections 13b-74 to 13b-77, inclusive, as amended by 857 |
---|
977 | | - | this act, in consideration of the acceptance of the payment for the bonds 858 |
---|
978 | | - | and bond anticipation notes, until such bonds and bond anticipation 859 |
---|
979 | | - | notes, together with the interest thereon, with interest on any unpaid 860 |
---|
980 | | - | installment of interest and all costs and expenses in connection with any 861 |
---|
981 | | - | action or proceeding on behalf of such owners, are fully met and 862 |
---|
982 | | - | discharged, or unless expressly permitted or otherwise authorized by 863 |
---|
983 | | - | the terms of each contract and agreement made or entered into by or on 864 |
---|
984 | | - | behalf of the state with or for the benefit of such owners, that the state 865 |
---|
985 | | - | will impose, charge, raise, levy, collect and apply the pledged revenues 866 |
---|
986 | | - | and other receipts, funds or moneys pledged for the payment of debt 867 |
---|
987 | | - | service requirements as provided in sections 13b-74 to 13b-77, inclusive, 868 |
---|
988 | | - | as amended by this act, in such amounts as may be necessary to pay 869 |
---|
989 | | - | such debt service requirements in each year in which bonds or bond 870 |
---|
990 | | - | anticipation notes are outstanding and further, that the state (1) will not 871 |
---|
991 | | - | limit or alter the duties imposed on the Treasurer and other officers of 872 |
---|
992 | | - | the state by sections 3-21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection 873 |
---|
993 | | - | (c) of section 13a-80a, sections 13a-175p to 13a-175u, inclusive, 874 |
---|
994 | | - | subsection (f) of section 13b-42, sections 13b-59, as amended by this act, 875 |
---|
995 | | - | 13b-61, 13b-69, 13b-71, 13b-74 to 13b-77, inclusive, as amended by this 876 |
---|
996 | | - | act, and 13b-80, subsection (a) of section 13b-97, subsection (a) of section 877 |
---|
997 | | - | 14-12, except for subdivision (2) of said subsection (a), sections 14-15, 14-878 |
---|
998 | | - | 16a and 14-21c, subsection (a) of section 14-25a, section 14-28, subsection 879 |
---|
999 | | - | (b) of section 14-35, subsection (a) of section 14-41, section 14-41a, 880 |
---|
1000 | | - | subsection (a) of section 14-44, sections 14-47, 14-48b, 14-49 and 14-50, 881 |
---|
1001 | | - | subsection (a) of section 14-50a, sections 14-52 and 14-58, subsection [(c)] 882 |
---|
1002 | | - | (d) of section 14-66, as amended by this act, subsection (e) of section 14-883 |
---|
1003 | | - | 67, sections 14-67a, 14-67d, 14-67l and 14-69, subsection (e) of section 14-884 |
---|
1004 | | - | 73, subsection (c) of section 14-96q, sections 14-103a and 14-160, 885 |
---|
1005 | | - | subsection (a) of section 14-164a, subsection (a) of section 14-192, 886 |
---|
1006 | | - | sections 14-319, 14-320 and 14-381, subsection (b) of section 14-382 and 887 |
---|
1007 | | - | section 15-14 and by the proceedings authorizing the issuance of bonds 888 |
---|
1008 | | - | with respect to application of pledged revenues or other receipts, funds 889 Substitute Bill No. 1449 |
---|
| 1002 | + | LCO No. 5788 27 of 32 |
---|
| 1003 | + | |
---|
| 1004 | + | charges incurred for services related to such tow; (6) the name and 826 |
---|
| 1005 | + | address of the person requesting tow service; and (7) any other 827 |
---|
| 1006 | + | information the commissioner deems necessary, specified in regulations 828 |
---|
| 1007 | + | adopted in accordance with the provisions of chapter 54. Such records 829 |
---|
| 1008 | + | shall be retained at the place of business of the wrecker service for a 830 |
---|
| 1009 | + | period of two years and shall be available for inspection during regular 831 |
---|
| 1010 | + | business hours by any law enforcement officer or inspector designated 832 |
---|
| 1011 | + | by the Commissioner of Motor Vehicles. 833 |
---|
| 1012 | + | (b) Each owner of a wrecker shall also keep and maintain copies of 834 |
---|
| 1013 | + | any written contracts with owners or lessees of property authorizing the 835 |
---|
| 1014 | + | towing or removal of motor vehicles from the property of such owner 836 |
---|
| 1015 | + | or lessee, or with lending institutions repossessing any motor vehicles, 837 |
---|
| 1016 | + | as provided in section 14-145, as amended by this act, and such contracts 838 |
---|
| 1017 | + | shall be available for inspection by motor vehicle owners, agents of the 839 |
---|
| 1018 | + | owners, or lending institutions, upon request. The Commissioner of 840 |
---|
| 1019 | + | Motor Vehicles may permit any licensed motor vehicle dealer or 841 |
---|
| 1020 | + | repairer who operates a wrecker service to maintain, in an electronic 842 |
---|
| 1021 | + | format prescribed by the commissioner, all records, documents and 843 |
---|
| 1022 | + | forms required by the Department of Motor Vehicles. Such records, 844 |
---|
| 1023 | + | documents and forms shall be produced in written format, upon request 845 |
---|
| 1024 | + | by the department, during the licensee's business hours on the same day 846 |
---|
| 1025 | + | of such request. 847 |
---|
| 1026 | + | (c) Any person who violates any provision of this section shall be 848 |
---|
| 1027 | + | deemed to have committed an infraction. 849 |
---|
| 1028 | + | Sec. 10. Subdivision (3) of subsection (a) of section 14-145 of the 850 |
---|
| 1029 | + | general statutes is repealed and the following is substituted in lieu 851 |
---|
| 1030 | + | thereof (Effective July 1, 2025): 852 |
---|
| 1031 | + | (3) A lending institution may repossess any motor vehicle, in 853 |
---|
| 1032 | + | accordance with the provisions of section 36a-785, by contracting with a 854 |
---|
| 1033 | + | wrecker licensed under section 14-66, as amended by this act, or an 855 |
---|
| 1034 | + | entity exempt from such licensure, as provided in subsection [(f)] (g) of 856 |
---|
| 1035 | + | Raised Bill No. 1449 |
---|
1013 | | - | or moneys pledged for the payment of debt service requirements as 890 |
---|
1014 | | - | provided in said sections; (2) will not issue any bonds, notes or other 891 |
---|
1015 | | - | evidences of indebtedness, other than the bonds and bond anticipation 892 |
---|
1016 | | - | notes, having any rights arising out of said sections or secured by any 893 |
---|
1017 | | - | pledge of or other lien or charge on the pledged revenues or other 894 |
---|
1018 | | - | receipts, funds or moneys pledged for the payment of debt service 895 |
---|
1019 | | - | requirements as provided in said sections; (3) will not create or cause to 896 |
---|
1020 | | - | be created any lien or charge on such pledged amounts, other than a lien 897 |
---|
1021 | | - | or pledge created thereon pursuant to said sections, provided nothing 898 |
---|
1022 | | - | in this subsection shall prevent the state from issuing evidences of 899 |
---|
1023 | | - | indebtedness (A) which are secured by a pledge or lien which is and 900 |
---|
1024 | | - | shall on the face thereof be expressly subordinate and junior in all 901 |
---|
1025 | | - | respects to every lien and pledge created by or pursuant to said sections; 902 |
---|
1026 | | - | or (B) for which the full faith and credit of the state is pledged and which 903 |
---|
1027 | | - | are not expressly secured by any specific lien or charge on such pledged 904 |
---|
1028 | | - | amounts; or (C) which are secured by a pledge of or lien on moneys or 905 |
---|
1029 | | - | funds derived on or after such date as every pledge or lien thereon 906 |
---|
1030 | | - | created by or pursuant to said sections shall be discharged and satisfied; 907 |
---|
1031 | | - | (4) will carry out and perform, or cause to be carried out and performed, 908 |
---|
1032 | | - | each and every promise, covenant, agreement or contract made or 909 |
---|
1033 | | - | entered into by the state or on its behalf with the owners of any bonds 910 |
---|
1034 | | - | or bond anticipation notes; (5) will not in any way impair the rights, 911 |
---|
1035 | | - | exemptions or remedies of such owners; and (6) will not limit, modify, 912 |
---|
1036 | | - | rescind, repeal or otherwise alter the rights or obligations of the 913 |
---|
1037 | | - | appropriate officers of the state to impose, maintain, charge or collect 914 |
---|
1038 | | - | the taxes, fees, charges and other receipts constituting the pledged 915 |
---|
1039 | | - | revenues as may be necessary to produce sufficient revenues to fulfill 916 |
---|
1040 | | - | the terms of the proceedings authorizing the issuance of the bonds, 917 |
---|
1041 | | - | including pledged revenue coverage requirements, and provided 918 |
---|
1042 | | - | nothing herein shall preclude the state from exercising its power, 919 |
---|
1043 | | - | through a change in law, to limit, modify, rescind, repeal or otherwise 920 |
---|
1044 | | - | alter the character or amount of such pledged revenues or to substitute 921 |
---|
1045 | | - | like or different sources of taxes, fees, charges or other receipts as 922 |
---|
1046 | | - | pledged revenues if, for the ensuing fiscal year, as evidenced by the 923 |
---|
1047 | | - | proposed or adopted budget of the state with respect to the Special 924 Substitute Bill No. 1449 |
---|
| 1039 | + | LCO No. 5788 28 of 32 |
---|
| 1040 | + | |
---|
| 1041 | + | section 14-66, as amended by this act, to tow or otherwise remove such 857 |
---|
| 1042 | + | motor vehicle in accordance with the provisions of this section and 858 |
---|
| 1043 | + | sections 14-145a to 14-145c, inclusive. In the case of a repossession, no 859 |
---|
| 1044 | + | signage as described in subdivision (1) of this subsection shall be 860 |
---|
| 1045 | + | required. 861 |
---|
| 1046 | + | Sec. 11. Subsection (b) of section 51-164n of the general statutes is 862 |
---|
| 1047 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 863 |
---|
| 1048 | + | 2025): 864 |
---|
| 1049 | + | (b) Notwithstanding any provision of the general statutes, any person 865 |
---|
| 1050 | + | who is alleged to have committed (1) a violation under the provisions of 866 |
---|
| 1051 | + | section 1-9, 1-10, 1-11, 2-71h, 4b-13, 7-13, 7-14, 7-35 or 7-41, subsection (c) 867 |
---|
| 1052 | + | of section 7-66, section 7-83, 7-147h, 7-148, 7-283, 7-325, 7-393, 8-12, 8-25, 868 |
---|
| 1053 | + | 8-27, 9-63, 9-322, 9-350, 10-185, 10-193, 10-197, 10-198, 10-230, 10-251, 10-869 |
---|
| 1054 | + | 254, 10a-35, 12-52, 12-54, 12-129b or 12-170aa, subdivision (3) of 870 |
---|
| 1055 | + | subsection (e) of section 12-286, section 12-286a, 12-292, 12-314b or 12-871 |
---|
| 1056 | + | 326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of 872 |
---|
| 1057 | + | section 12-411, section 12-435c, 12-476a, 12-476b, 12-476c, 12-487,13a-873 |
---|
| 1058 | + | 26b, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-874 |
---|
| 1059 | + | 124, 13a-139, 13a-140, 13a-143b, 13a-253, 13a-263 or 13b-39f, subsection 875 |
---|
| 1060 | + | (f) of section 13b-42, section 13b-90 or 13b-100, subsection (a) of section 876 |
---|
| 1061 | + | 13b-108, section 13b-221 or 13b-292, subsection (a) or (b) of section 13b-877 |
---|
| 1062 | + | 324, section 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, 878 |
---|
| 1063 | + | subsection (a), (b) or (c) of section 13b-412, section 13b-414 or 14-4, 879 |
---|
| 1064 | + | subdivision (2) of subsection (a) of section 14-12, subsection (d) of 880 |
---|
| 1065 | + | section 14-12, subsection (f) of section 14-12a, subsection (a) of section 881 |
---|
| 1066 | + | 14-15a, section 14-16c, 14-20a or 14-27a, subsection (f) of section 14-34a, 882 |
---|
| 1067 | + | subsection (d) of section 14-35, section 14-43, 14-44j, 14-49, 14-50a, 14-58 883 |
---|
| 1068 | + | or 14-62a, subsection [(b)] (c) of section 14-66, as amended by this act, 884 |
---|
| 1069 | + | section 14-66a or 14-67a, subsection (g) of section 14-80, subsection (f) or 885 |
---|
| 1070 | + | (i) of section 14-80h, section 14-97a or 14-98, subsection (a), (b) or (d) of 886 |
---|
| 1071 | + | section 14-100a, section 14-100b, 14-103a, 14-106a, 14-106c, 14-145a, 14-887 |
---|
| 1072 | + | 146, 14-152, 14-153, 14-161 or 14-163b, subsection (f) of section 14-164i, 888 |
---|
| 1073 | + | section 14-213b or 14-219, subdivision (1) of section 14-223a, subsection 889 |
---|
| 1074 | + | Raised Bill No. 1449 |
---|
1052 | | - | Transportation Fund, the projected revenues meet or exceed the 925 |
---|
1053 | | - | estimated expenses of the Special Transportation Fund including 926 |
---|
1054 | | - | accumulated deficits, if any, debt service requirements and any pledged 927 |
---|
1055 | | - | revenue coverage requirement. The State Bond Commission is 928 |
---|
1056 | | - | authorized to include this covenant of the state in any agreement with 929 |
---|
1057 | | - | the owner of any such bonds or bond anticipation notes. 930 |
---|
1058 | | - | Sec. 10. Section 14-66b of the general statutes is repealed and the 931 |
---|
1059 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 932 |
---|
1060 | | - | (a) Each owner of a wrecker registered pursuant to subsection [(c)] 933 |
---|
1061 | | - | (d) of section 14-66, as amended by this act, shall keep and maintain a 934 |
---|
1062 | | - | record stating the following information: (1) The registration number of 935 |
---|
1063 | | - | each motor vehicle towed or transported and the registration number of 936 |
---|
1064 | | - | each wrecker used to tow or transport such motor vehicle; (2) the date 937 |
---|
1065 | | - | and time the tow commenced and was completed; (3) the location from 938 |
---|
1066 | | - | which the disabled motor vehicle was towed and the destination of such 939 |
---|
1067 | | - | tow; (4) the mileage of the wrecker at the commencement and 940 |
---|
1068 | | - | completion of the tow; (5) the charge for tow service and any other 941 |
---|
1069 | | - | charges incurred for services related to such tow; (6) the name and 942 |
---|
1070 | | - | address of the person requesting tow service; and (7) any other 943 |
---|
1071 | | - | information the commissioner deems necessary, specified in regulations 944 |
---|
1072 | | - | adopted in accordance with the provisions of chapter 54. Such records 945 |
---|
1073 | | - | shall be retained at the place of business of the wrecker service for a 946 |
---|
1074 | | - | period of two years and shall be available for inspection during regular 947 |
---|
1075 | | - | business hours by any law enforcement officer or inspector designated 948 |
---|
1076 | | - | by the Commissioner of Motor Vehicles. 949 |
---|
1077 | | - | (b) Each owner of a wrecker shall also keep and maintain copies of 950 |
---|
1078 | | - | any written contracts with owners or lessees of property authorizing the 951 |
---|
1079 | | - | towing or removal of motor vehicles from the property of such owner 952 |
---|
1080 | | - | or lessee, or with lending institutions repossessing any motor vehicles, 953 |
---|
1081 | | - | as provided in section 14-145, as amended by this act, and such contracts 954 |
---|
1082 | | - | shall be available for inspection by motor vehicle owners, agents of the 955 |
---|
1083 | | - | owners, or lending institutions, upon request. The Commissioner of 956 |
---|
1084 | | - | Motor Vehicles may permit any licensed motor vehicle dealer or 957 Substitute Bill No. 1449 |
---|
| 1078 | + | LCO No. 5788 29 of 32 |
---|
| 1079 | + | |
---|
| 1080 | + | (d) of section 14-224, section 14-240, 14-250, 14-253a, 14-261a, 14-262, 14-890 |
---|
| 1081 | + | 264, 14-266, 14-267a, 14-269, 14-270, 14-272b, 14-274, 14-275 or 14-275a, 891 |
---|
| 1082 | + | subsection (c) of section 14-275c, section 14-276, subsection (a) or (b) of 892 |
---|
| 1083 | + | section 14-277, section 14-278, 14-279 or 14-280, subsection (b), (e) or (h) 893 |
---|
| 1084 | + | of section 14-283, section 14-283d, 14-283e, 14-283f, 14-283g, 14-291, 14-894 |
---|
| 1085 | + | 293b, 14-296aa, 14-298a, 14-300, 14-300d, 14-300f, 14-319, 14-320, 14-321, 895 |
---|
| 1086 | + | 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 896 |
---|
| 1087 | + | 14-386a, section 15-15e, 15-25 or 15-33, subdivision (1) of section 15-97, 897 |
---|
| 1088 | + | subsection (a) of section 15-115, section 16-15, 16-16, 16-44, 16-256e, 16-898 |
---|
| 1089 | + | 278 or 16a-15, subsection (a) of section 16a-21, section 16a-22, subsection 899 |
---|
| 1090 | + | (a) or (b) of section 16a-22h, section 16a-106, 17a-24, 17a-145, 17a-149 or 900 |
---|
| 1091 | + | 17a-152, subsection (b) of section 17a-227, section 17a-465, subsection (c) 901 |
---|
| 1092 | + | of section 17a-488, section 17b-124, 17b-131, 17b-137, 19a-33, 19a-39 or 902 |
---|
| 1093 | + | 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-102a, 19a-903 |
---|
| 1094 | + | 102b, 19a-105, 19a-107, 19a-113, 19a-215, 19a-216a, 19a-219, 19a-222, 19a-904 |
---|
| 1095 | + | 224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-905 |
---|
| 1096 | + | 338, 19a-339, 19a-340, 19a-425, 19a-442, 19a-502, 19a-565, 20-7a, 20-14, 20-906 |
---|
| 1097 | + | 153a, 20-158, 20-231, 20-233, 20-249, 20-257, 20-265, 20-324e, 20-329c or 907 |
---|
| 1098 | + | 20-329g, subsection (b) of section 20-334, section 20-341l, 20-366, 20-482, 908 |
---|
| 1099 | + | 20-597, 20-608, 20-610, 20-623, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48 or 909 |
---|
| 1100 | + | 21-63, subsection (d) of section 21-71, section 21-76a or 21-100, 910 |
---|
| 1101 | + | subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 911 |
---|
| 1102 | + | 21a-20 or 21a-21, subdivision (1) of subsection (b) of section 21a-25, 912 |
---|
| 1103 | + | section 21a-26, subsection (a) of section 21a-37, section 21a-46, 21a-61, 913 |
---|
| 1104 | + | 21a-63, 21a-70b or 21a-77, subsection (b) or (c) of section 21a-79, section 914 |
---|
| 1105 | + | 21a-85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159, 915 |
---|
| 1106 | + | section 21a-278b, subsection (c), (d) or (e) of section 21a-279a, section 916 |
---|
| 1107 | + | 21a-415a, 21a-421eee, 21a-421fff or 21a-421hhh, subsection (a) of section 917 |
---|
| 1108 | + | 21a-430, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-30, 22-34, 918 |
---|
| 1109 | + | 22-35, 22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l, 919 |
---|
| 1110 | + | subdivision (1) of subsection (n) of section 22-61l, subsection (f) of 920 |
---|
| 1111 | + | section 22-61m, subdivision (1) of subsection (f) of section 22-61m, 921 |
---|
| 1112 | + | section 22-84, 22-89, 22-90, 22-96, 22-98, 22-99, 22-100 or 22-111o, 922 |
---|
| 1113 | + | subsection (d) of section 22-118l, section 22-167, subsection (c) of section 923 |
---|
| 1114 | + | Raised Bill No. 1449 |
---|
1089 | | - | repairer who operates a wrecker service to maintain, in an electronic 958 |
---|
1090 | | - | format prescribed by the commissioner, all records, documents and 959 |
---|
1091 | | - | forms required by the Department of Motor Vehicles. Such records, 960 |
---|
1092 | | - | documents and forms shall be produced in written format, upon request 961 |
---|
1093 | | - | by the department, during the licensee's business hours on the same day 962 |
---|
1094 | | - | of such request. 963 |
---|
1095 | | - | (c) Any person who violates any provision of this section shall be 964 |
---|
1096 | | - | deemed to have committed an infraction. 965 |
---|
1097 | | - | Sec. 11. Subdivision (3) of subsection (a) of section 14-145 of the 966 |
---|
1098 | | - | general statutes is repealed and the following is substituted in lieu 967 |
---|
1099 | | - | thereof (Effective July 1, 2025): 968 |
---|
1100 | | - | (3) A lending institution may repossess any motor vehicle, in 969 |
---|
1101 | | - | accordance with the provisions of section 36a-785, by contracting with a 970 |
---|
1102 | | - | wrecker licensed under section 14-66, as amended by this act, or an 971 |
---|
1103 | | - | entity exempt from such licensure, as provided in subsection [(f)] (g) of 972 |
---|
1104 | | - | section 14-66, as amended by this act, to tow or otherwise remove such 973 |
---|
1105 | | - | motor vehicle in accordance with the provisions of this section and 974 |
---|
1106 | | - | sections 14-145a to 14-145c, inclusive. In the case of a repossession, no 975 |
---|
1107 | | - | signage as described in subdivision (1) of this subsection shall be 976 |
---|
1108 | | - | required. 977 |
---|
1109 | | - | Sec. 12. Subsection (b) of section 51-164n of the general statutes is 978 |
---|
1110 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 979 |
---|
1111 | | - | 2025): 980 |
---|
1112 | | - | (b) Notwithstanding any provision of the general statutes, any person 981 |
---|
1113 | | - | who is alleged to have committed (1) a violation under the provisions of 982 |
---|
1114 | | - | section 1-9, 1-10, 1-11, 2-71h, 4b-13, 7-13, 7-14, 7-35 or 7-41, subsection (c) 983 |
---|
1115 | | - | of section 7-66, section 7-83, 7-147h, 7-148, 7-283, 7-325, 7-393, 8-12, 8-25, 984 |
---|
1116 | | - | 8-27, 9-63, 9-322, 9-350, 10-185, 10-193, 10-197, 10-198, 10-230, 10-251, 10-985 |
---|
1117 | | - | 254, 10a-35, 12-52, 12-54, 12-129b or 12-170aa, subdivision (3) of 986 |
---|
1118 | | - | subsection (e) of section 12-286, section 12-286a, 12-292, 12-314b or 12-987 |
---|
1119 | | - | 326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of 988 |
---|
1120 | | - | section 12-411, section 12-435c, 12-476a, 12-476b, 12-476c, 12-487,13a-989 Substitute Bill No. 1449 |
---|
| 1118 | + | LCO No. 5788 30 of 32 |
---|
| 1119 | + | |
---|
| 1120 | + | 22-277, section 22-278, 22-279, 22-280a, 22-318a, 22-320h, 22-324a or 22-924 |
---|
| 1121 | + | 326, subsection (b), subdivision (1) or (2) of subsection (e) or subsection 925 |
---|
| 1122 | + | (g) of section 22-344, subsection (a) or (b) of section 22-344b, subsection 926 |
---|
| 1123 | + | (d) of section 22-344d, section 22-344f, 22-350a, 22-354, 22-359, 22-366, 927 |
---|
| 1124 | + | 22-391, 22-413, 22-414, 22-415, 22-415c, 22a-66a or 22a-246, subsection (a) 928 |
---|
| 1125 | + | of section 22a-250, section 22a-256g, subsection (e) of section 22a-256h, 929 |
---|
| 1126 | + | section 22a-363 or 22a-381d, subsections (c) and (d) of section 22a-381e, 930 |
---|
| 1127 | + | section 22a-449, 22a-450, 22a-461, 23-4b, 23-38, 23-45, 23-46 or 23-61b, 931 |
---|
| 1128 | + | subsection (a) or subdivision (1) of subsection (c) of section 23-65, section 932 |
---|
| 1129 | + | 25-37 or 25-40, subsection (a) of section 25-43, section 25-43d, 25-135, 26-933 |
---|
| 1130 | + | 18, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-42, 26-43, 26-49, 26-54, 26-55, 26-934 |
---|
| 1131 | + | 56, 26-58 or 26-59, subdivision (1) of subsection (d) of section 26-61, 935 |
---|
| 1132 | + | section 26-64, subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 936 |
---|
| 1133 | + | 26-91, 26-94, 26-97, 26-98, 26-104, 26-105, 26-107, 26-114a, 26-117, 937 |
---|
| 1134 | + | subsection (b) of section 26-127, 26-128, 26-128a, 26-131, 26-132, 26-138, 938 |
---|
| 1135 | + | 26-139 or 26-141, subdivision (1) of section 26-186, section 26-207, 26-215, 939 |
---|
| 1136 | + | 26-217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-940 |
---|
| 1137 | + | 230, 26-231, 26-232, 26-244, 26-257a, 26-260, 26-276, 26-280, 26-284, 26-941 |
---|
| 1138 | + | 285, 26-286, 26-287, 26-288, 26-290, 26-291a, 26-292, 26-294, 27-107, 28-13, 942 |
---|
| 1139 | + | 29-6a, 29-16, 29-17, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), 943 |
---|
| 1140 | + | (e), (g) or (h) of section 29-161q, section 29-161y or 29-161z, subdivision 944 |
---|
| 1141 | + | (1) of section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of 945 |
---|
| 1142 | + | section 29-291c, section 29-316 or 29-318, subsection (b) of section 29-946 |
---|
| 1143 | + | 335a, section 29-381, 30-19f, 30-48a or 30-86a, subsection (b) of section 947 |
---|
| 1144 | + | 30-89, subsection (c) or (d) of section 30-117, section 31-3, 31-10, 31-11, 948 |
---|
| 1145 | + | 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 949 |
---|
| 1146 | + | 31-47 or 31-48, subsection (b) of section 31-48b, section 31-51, 31-51g, 31-950 |
---|
| 1147 | + | 52, 31-52a, 31-53 or 31-54, subsection (a) or (c) of section 31-69, section 951 |
---|
| 1148 | + | 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of 952 |
---|
| 1149 | + | section 31-273, section 31-288, 31-348, 33-624, 33-1017, 34-13d or 34-412, 953 |
---|
| 1150 | + | subdivision (1) of section 35-20, subsection (a) of section 36a-57, 954 |
---|
| 1151 | + | subsection (b) of section 36a-665, section 36a-699, 36a-739, 36a-787, 38a-955 |
---|
| 1152 | + | 2 or 38a-140, subsection (a) or (b) of section 38a-278, section 38a-479qq, 956 |
---|
| 1153 | + | 38a-479rr, 38a-506, 38a-548, 38a-626, 38a-680, 38a-713, 38a-733, 38a-764, 957 |
---|
| 1154 | + | Raised Bill No. 1449 |
---|
1125 | | - | 26b, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-990 |
---|
1126 | | - | 124, 13a-139, 13a-140, 13a-143b, 13a-253, 13a-263 or 13b-39f, subsection 991 |
---|
1127 | | - | (f) of section 13b-42, section 13b-90 or 13b-100, subsection (a) of section 992 |
---|
1128 | | - | 13b-108, section 13b-221 or 13b-292, subsection (a) or (b) of section 13b-993 |
---|
1129 | | - | 324, section 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, 994 |
---|
1130 | | - | subsection (a), (b) or (c) of section 13b-412, section 13b-414 or 14-4, 995 |
---|
1131 | | - | subdivision (2) of subsection (a) of section 14-12, subsection (d) of 996 |
---|
1132 | | - | section 14-12, subsection (f) of section 14-12a, subsection (a) of section 997 |
---|
1133 | | - | 14-15a, section 14-16c, 14-20a or 14-27a, subsection (f) of section 14-34a, 998 |
---|
1134 | | - | subsection (d) of section 14-35, section 14-43, 14-44j, 14-49, 14-50a, 14-58 999 |
---|
1135 | | - | or 14-62a, subsection [(b)] (c) of section 14-66, as amended by this act, 1000 |
---|
1136 | | - | section 14-66a or 14-67a, subsection (g) of section 14-80, subsection (f) or 1001 |
---|
1137 | | - | (i) of section 14-80h, section 14-97a or 14-98, subsection (a), (b) or (d) of 1002 |
---|
1138 | | - | section 14-100a, section 14-100b, 14-103a, 14-106a, 14-106c, 14-145a, 14-1003 |
---|
1139 | | - | 146, 14-152, 14-153, 14-161 or 14-163b, subsection (f) of section 14-164i, 1004 |
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1140 | | - | section 14-213b or 14-219, subdivision (1) of section 14-223a, subsection 1005 |
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1141 | | - | (d) of section 14-224, section 14-240, 14-250, 14-253a, 14-261a, 14-262, 14-1006 |
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1142 | | - | 264, 14-266, 14-267a, 14-269, 14-270, 14-272b, 14-274, 14-275 or 14-275a, 1007 |
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1143 | | - | subsection (c) of section 14-275c, section 14-276, subsection (a) or (b) of 1008 |
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1144 | | - | section 14-277, section 14-278, 14-279 or 14-280, subsection (b), (e) or (h) 1009 |
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1145 | | - | of section 14-283, section 14-283d, 14-283e, 14-283f, 14-283g, 14-291, 14-1010 |
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1146 | | - | 293b, 14-296aa, 14-298a, 14-300, 14-300d, 14-300f, 14-319, 14-320, 14-321, 1011 |
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1147 | | - | 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 1012 |
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1148 | | - | 14-386a, section 15-15e, 15-25 or 15-33, subdivision (1) of section 15-97, 1013 |
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1149 | | - | subsection (a) of section 15-115, section 16-15, 16-16, 16-44, 16-256e, 16-1014 |
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1150 | | - | 278 or 16a-15, subsection (a) of section 16a-21, section 16a-22, subsection 1015 |
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1151 | | - | (a) or (b) of section 16a-22h, section 16a-106, 17a-24, 17a-145, 17a-149 or 1016 |
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1152 | | - | 17a-152, subsection (b) of section 17a-227, section 17a-465, subsection (c) 1017 |
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1153 | | - | of section 17a-488, section 17b-124, 17b-131, 17b-137, 19a-33, 19a-39 or 1018 |
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1154 | | - | 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-102a, 19a-1019 |
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1155 | | - | 102b, 19a-105, 19a-107, 19a-113, 19a-215, 19a-216a, 19a-219, 19a-222, 19a-1020 |
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1156 | | - | 224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-1021 |
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1157 | | - | 338, 19a-339, 19a-340, 19a-425, 19a-442, 19a-502, 19a-565, 20-7a, 20-14, 20-1022 |
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1158 | | - | 153a, 20-158, 20-231, 20-233, 20-249, 20-257, 20-265, 20-324e, 20-329c or 1023 |
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1159 | | - | 20-329g, subsection (b) of section 20-334, section 20-341l, 20-366, 20-482, 1024 Substitute Bill No. 1449 |
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| 1158 | + | LCO No. 5788 31 of 32 |
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1161 | | - | |
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1162 | | - | LCO 32 of 34 |
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1163 | | - | |
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1164 | | - | 20-597, 20-608, 20-610, 20-623, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48 or 1025 |
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1165 | | - | 21-63, subsection (d) of section 21-71, section 21-76a or 21-100, 1026 |
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1166 | | - | subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 1027 |
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1167 | | - | 21a-20 or 21a-21, subdivision (1) of subsection (b) of section 21a-25, 1028 |
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1168 | | - | section 21a-26, subsection (a) of section 21a-37, section 21a-46, 21a-61, 1029 |
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1169 | | - | 21a-63, 21a-70b or 21a-77, subsection (b) or (c) of section 21a-79, section 1030 |
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1170 | | - | 21a-85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159, 1031 |
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1171 | | - | section 21a-278b, subsection (c), (d) or (e) of section 21a-279a, section 1032 |
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1172 | | - | 21a-415a, 21a-421eee, 21a-421fff or 21a-421hhh, subsection (a) of section 1033 |
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1173 | | - | 21a-430, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-30, 22-34, 1034 |
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1174 | | - | 22-35, 22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l, 1035 |
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1175 | | - | subdivision (1) of subsection (n) of section 22-61l, subsection (f) of 1036 |
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1176 | | - | section 22-61m, subdivision (1) of subsection (f) of section 22-61m, 1037 |
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1177 | | - | section 22-84, 22-89, 22-90, 22-96, 22-98, 22-99, 22-100 or 22-111o, 1038 |
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1178 | | - | subsection (d) of section 22-118l, section 22-167, subsection (c) of section 1039 |
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1179 | | - | 22-277, section 22-278, 22-279, 22-280a, 22-318a, 22-320h, 22-324a or 22-1040 |
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1180 | | - | 326, subsection (b), subdivision (1) or (2) of subsection (e) or subsection 1041 |
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1181 | | - | (g) of section 22-344, subsection (a) or (b) of section 22-344b, subsection 1042 |
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1182 | | - | (d) of section 22-344d, section 22-344f, 22-350a, 22-354, 22-359, 22-366, 1043 |
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1183 | | - | 22-391, 22-413, 22-414, 22-415, 22-415c, 22a-66a or 22a-246, subsection (a) 1044 |
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1184 | | - | of section 22a-250, section 22a-256g, subsection (e) of section 22a-256h, 1045 |
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1185 | | - | section 22a-363 or 22a-381d, subsections (c) and (d) of section 22a-381e, 1046 |
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1186 | | - | section 22a-449, 22a-450, 22a-461, 23-4b, 23-38, 23-45, 23-46 or 23-61b, 1047 |
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1187 | | - | subsection (a) or subdivision (1) of subsection (c) of section 23-65, section 1048 |
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1188 | | - | 25-37 or 25-40, subsection (a) of section 25-43, section 25-43d, 25-135, 26-1049 |
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1189 | | - | 18, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-42, 26-43, 26-49, 26-54, 26-55, 26-1050 |
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1190 | | - | 56, 26-58 or 26-59, subdivision (1) of subsection (d) of section 26-61, 1051 |
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1191 | | - | section 26-64, subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 1052 |
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1192 | | - | 26-91, 26-94, 26-97, 26-98, 26-104, 26-105, 26-107, 26-114a, 26-117, 1053 |
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1193 | | - | subsection (b) of section 26-127, 26-128, 26-128a, 26-131, 26-132, 26-138, 1054 |
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1194 | | - | 26-139 or 26-141, subdivision (1) of section 26-186, section 26-207, 26-215, 1055 |
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1195 | | - | 26-217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-1056 |
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1196 | | - | 230, 26-231, 26-232, 26-244, 26-257a, 26-260, 26-276, 26-280, 26-284, 26-1057 |
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1197 | | - | 285, 26-286, 26-287, 26-288, 26-290, 26-291a, 26-292, 26-294, 27-107, 28-13, 1058 |
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1198 | | - | 29-6a, 29-16, 29-17, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), 1059 Substitute Bill No. 1449 |
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1199 | | - | |
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1200 | | - | |
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1201 | | - | LCO 33 of 34 |
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1202 | | - | |
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1203 | | - | (e), (g) or (h) of section 29-161q, section 29-161y or 29-161z, subdivision 1060 |
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1204 | | - | (1) of section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of 1061 |
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1205 | | - | section 29-291c, section 29-316 or 29-318, subsection (b) of section 29-1062 |
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1206 | | - | 335a, section 29-381, 30-19f, 30-48a or 30-86a, subsection (b) of section 1063 |
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1207 | | - | 30-89, subsection (c) or (d) of section 30-117, section 31-3, 31-10, 31-11, 1064 |
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1208 | | - | 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 1065 |
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1209 | | - | 31-47 or 31-48, subsection (b) of section 31-48b, section 31-51, 31-51g, 31-1066 |
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1210 | | - | 52, 31-52a, 31-53 or 31-54, subsection (a) or (c) of section 31-69, section 1067 |
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1211 | | - | 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of 1068 |
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1212 | | - | section 31-273, section 31-288, 31-348, 33-624, 33-1017, 34-13d or 34-412, 1069 |
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1213 | | - | subdivision (1) of section 35-20, subsection (a) of section 36a-57, 1070 |
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1214 | | - | subsection (b) of section 36a-665, section 36a-699, 36a-739, 36a-787, 38a-1071 |
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1215 | | - | 2 or 38a-140, subsection (a) or (b) of section 38a-278, section 38a-479qq, 1072 |
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1216 | | - | 38a-479rr, 38a-506, 38a-548, 38a-626, 38a-680, 38a-713, 38a-733, 38a-764, 1073 |
---|
1217 | | - | 38a-786, 38a-828, 38a-829, 38a-885, 42-133hh, 42-230, 42-470 or 42-480, 1074 |
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1218 | | - | subsection (a) or (c) of section 43-16q, section 45a-283, 45a-450, 45a-634 1075 |
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1219 | | - | or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46a-1076 |
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1220 | | - | 81b, 46b-22, 46b-24, 46b-34, 46b-38d, 47-34a, 47-47 or 47-53, subsection 1077 |
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1221 | | - | (i) of section 47a-21, subdivision (1) of subsection (k) of section 47a-21, 1078 |
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1222 | | - | section 49-2a, 49-8a, 49-16, 52-143 or 52-289, subsection (j) of section 52-1079 |
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1223 | | - | 362, section 53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-1080 |
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1224 | | - | 290a, 53-302a, 53-303e, 53-311a, 53-314, 53-321, 53-322, 53-323 or 53-331, 1081 |
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1225 | | - | subsection (b) of section 53-343a, section 53-344, subsection (b) or (c) of 1082 |
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1226 | | - | section 53-344b, subsection (b) of section 53-345a, section 53-377, 53-422 1083 |
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1227 | | - | or 53-450 or subsection (i) of section 54-36a, or (2) a violation under the 1084 |
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1228 | | - | provisions of chapter 268, or (3) a violation of any regulation adopted in 1085 |
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1229 | | - | accordance with the provisions of section 12-484, 12-487 or 13b-410, or 1086 |
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1230 | | - | (4) a violation of any ordinance, regulation or bylaw of any town, city or 1087 |
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1231 | | - | borough, except violations of building codes and the health code, for 1088 |
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1232 | | - | which the penalty exceeds ninety dollars but does not exceed two 1089 |
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1233 | | - | hundred fifty dollars, unless such town, city or borough has established 1090 |
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1234 | | - | a payment and hearing procedure for such violation pursuant to section 1091 |
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1235 | | - | 7-152c, shall follow the procedures set forth in this section. 1092 Substitute Bill No. 1449 |
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1236 | | - | |
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1237 | | - | |
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1238 | | - | LCO 34 of 34 |
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1239 | | - | |
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| 1160 | + | 38a-786, 38a-828, 38a-829, 38a-885, 42-133hh, 42-230, 42-470 or 42-480, 958 |
---|
| 1161 | + | subsection (a) or (c) of section 43-16q, section 45a-283, 45a-450, 45a-634 959 |
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| 1162 | + | or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46a-960 |
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| 1163 | + | 81b, 46b-22, 46b-24, 46b-34, 46b-38d, 47-34a, 47-47 or 47-53, subsection 961 |
---|
| 1164 | + | (i) of section 47a-21, subdivision (1) of subsection (k) of section 47a-21, 962 |
---|
| 1165 | + | section 49-2a, 49-8a, 49-16, 52-143 or 52-289, subsection (j) of section 52-963 |
---|
| 1166 | + | 362, section 53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-964 |
---|
| 1167 | + | 290a, 53-302a, 53-303e, 53-311a, 53-314, 53-321, 53-322, 53-323 or 53-331, 965 |
---|
| 1168 | + | subsection (b) of section 53-343a, section 53-344, subsection (b) or (c) of 966 |
---|
| 1169 | + | section 53-344b, subsection (b) of section 53-345a, section 53-377, 53-422 967 |
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| 1170 | + | or 53-450 or subsection (i) of section 54-36a, or (2) a violation under the 968 |
---|
| 1171 | + | provisions of chapter 268, or (3) a violation of any regulation adopted in 969 |
---|
| 1172 | + | accordance with the provisions of section 12-484, 12-487 or 13b-410, or 970 |
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| 1173 | + | (4) a violation of any ordinance, regulation or bylaw of any town, city or 971 |
---|
| 1174 | + | borough, except violations of building codes and the health code, for 972 |
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| 1175 | + | which the penalty exceeds ninety dollars but does not exceed two 973 |
---|
| 1176 | + | hundred fifty dollars, unless such town, city or borough has established 974 |
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| 1177 | + | a payment and hearing procedure for such violation pursuant to section 975 |
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| 1178 | + | 7-152c, shall follow the procedures set forth in this section. 976 |
---|