SB 608 — AN ACT CONCERNING THE SAFETY OF CHILDREN WHEN BUYING ICE CREAM FROM A FROZEN DESSERT TRUCK.

Sec.

7.

Section 21a-51 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):

(a) Each manufacturer of frozen desserts and frozen dessert mix for sale in this state shall file with the Commissioner of Consumer Protection an application for a license, upon a form prescribed by the commissioner.

The application shall show the location of each plant at which frozen desserts and frozen dessert mix are to be manufactured and the name of the brand or brands, if any, under which the same are to be sold.

The license period shall be for twelve months.

(b) On and after July 15, 2021, the commissioner shall include the link to the Internet web site published by the Commissioner of Motor Vehicles pursuant to section 6 of this act on (1) the application for a Public Act No.

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608 license for a retail manufacturer to vend from a frozen dessert truck, as defined in section 1 of this act, and (2) the Internet web site of the Department of Consumer Protection.

Sec.

8.

Section 21-37 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):

(a) Any town may make reasonable ordinances with reference to the vending or hawking upon its public streets or upon any state highway, except limited access highways, within such town or any land abutting such streets or highways of any goods, wares or other merchandise at public or private sale or auction, or to the vending or peddling of such articles from house to house within its limits, including the imposition of a fee, not exceeding two hundred dollars a year, applicable with respect to any person engaged in such vending, hawking or peddling, for the privilege of so vending, hawking or peddling such merchandise.

Any ordinance adoptedpursuant to thissectionwhich requiresapermit may require that no such permit shall be issued to any person who has not obtained a permit to engage in or transact business as a seller within the state in accordance with section 12-409 and shall require that any permit issued pursuant to such ordinance shall be conspicuously displayed at the place the activities are undertaken.

Such ordinances may provide that the authority issuing such permit may waive the permit fee for a nonprofit organization exempt from federal taxation by Section 501 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or a charitable organization.

No town shall require a permit fee from any resident of this state who has resided within the state for a period of two years next preceding the date of application for such permit, who is (1) a veteran who served in time of war, as defined in section 27-103, (2) a hawker or peddler, [as defined in section 21-36,] and (3) a principal pursuant to section 21-36.

(b)OnandafterJuly15,2021,anytownthatrequiresapersonseeking Public Act No.

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608 to operate a frozen dessert truck within the limits of such municipality to obtain a permit pursuant to subsection (a) of this section shall include the link to the Internet web site published by the Commissioner of Motor Vehicles pursuant to section 6 of this act on (1) the application for such permit, and (2) the Internet web site of the municipality.

For the purposesofthissubsection,"frozendesserttruck"hasthesamemeaning as provided in section 1 of this act.

(c) This section shall not apply to sales by farmers and gardeners of the produce of their farms, gardens and greenhouses, including fruit, vegetables and flowers, or to the sale, distribution and delivery of milk, teas, coffees, spices, groceries, meats and bakery goods, to sales on approval, to conditional sales of merchandise, or to the taking of orders for merchandise for future delivery when full payment is not required at the time of solicitation.

Nothing in this section shall be construed to limit in any manner the Commissioner of Transportation's statutory authority concerning state highways.

Nothing in this section shall be construedasempoweringanymunicipalitytoprohibit,regulate,control or impose a fee on any person operating any business on any state highway or land abutting any state highway pursuant to a contract with the state.

Sec.

9.

[or](4) when suchlightsare used in any manner to indicate(A)adisabledvehiclethat is stopped in a hazardous location on the highway, or in close proximity thereto, (B) a motor vehicle that is unable to maintain the minimum speedPublic ofAct forty miles per hour on a limited access divided highway because of the grade of such highway, (C) a motor vehicle that is operating at suchslow speedasto obstruct or endanger following traffic on any highway, or (D) a student transportation vehicle, as defined in section 14-212, accommodating fifteen or fewer students with sSB608 / File No.

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125608 speed of forty miles per hour on a limited access divided highway because of the grade of such highway, (C) a motor vehicle that is operating at suchslow speedasto obstruct or endanger following traffic on any highway, or (D) a student transportation vehicle, as defined in section 14-212, accommodating fifteen or fewer students with disabilities that is receiving or discharging such students;

For the purpose[purpose] purposes of this subsection, [the term] "students with disabilities" means students who have intellectual disability, autism spectrum disorder, mental disability, visual impairment, blindness, deafness, speech impairment or orthopedic impairment, who are hard of hearing or who have another health impairment who, by reason thereof, require special education and related services, and "frozen dessert truck" has the same meaning as provided in section 1 of this act.

ThisApproved actJune shall2, take2021 effectPublic asAct followsNo. and shall amend the following sections:

Section21-20 19 Julyof 1,9 2021 New section Sec.

2 July 1, 2021 New section Sec.

3 July 1, 2021 New section Sec.

4 July 1, 2021 New section Sec.

5 July 1, 2021 New section Sec.

6 July 1, 2021 14-96p(b) TRA Joint Favorable Subst.

sSB608 / File No.

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125 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 22 $ FY 23 $ Resources of the General Fund GF - Potential Minimal Minimal Revenue Gain Note:

GF=General Fund Municipal Impact:

None Explanation The bill creates new infractions related to ice cream trucks, including improperly equipping or operating an ice cream truck as described in the bill and for failing to stop a vehicle 10 feet or more from an ice cream truck when required.

To the extent that offenders are fined, the bill results in potential minimal revenue gain.Infractions are not crimes and are punishable by fines that usually range from $100 to $300.

The bill also prohibits the Department of Motor Vehicles (DMV) from registering an ice cream truck that is not properly equipped, as described in this bill.

There is no anticipated cost to DMV, as the department can accomplish the requirements through self-certification of compliance, which can be incorporated into current levels of operations.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of violations.

sSB608 / File No.

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125 OLR Bill Analysis sSB 608 AN ACT CONCERNING THE SAFETY OF CHILDREN WHEN BUYING ICE CREAM FROM A FROZEN DESSERT TRUCK.

SUMMARY This bill establishes safety equipment requirements and operating rules for ice cream trucks (“frozen dessert trucks”), which are motor vehiclesinwhich“frozendesserts” are carriedforretailsalesonapublic road (i.e., highway).

The operating rules generally limit the locations where a vendor may operate a truck and the conditions under which he or she may do so.

The bill allows a grace period (until May 1, 2022) for ice cream truck vendors to comply with the equipment requirements, which include stop signal arms, crossing arms, and signal lights, but imposes an additional operating restriction during the grace period.

It also requires drivers,whenapproaching or overtaking anice cream truck displaying flashing lights and extending its stop signal arm and crossing arm, to stop their vehicles at least 10 feet from the front or back of the truck.

After stopping, the driver (1) may proceed past the truck at a reasonable speed, up to 5 mph, and (2) must yield the right-of-way to any pedestrian crossing the road to or from the truck.

However, drivers are not required to stop and proceed in this manner when approaching or overtaking an ice cream truck that is in another lane separated by a safety island or physical barrier.

A violation of the bill’s safety equipment or operating requirements, including those for drivers passing ice cream trucks, is an infraction (see BACKGROUND).

The bill also makes a conforming change (§ 6).

sSB608 / File No.

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125 EFFECTIVE DATE:

July 1, 2021 §§ 3 & 4 — SAFETY EQUIPMENT REQUIREMENTS Overview Beginning May 1, 2022, the bill requires ice cream trucks to be equipped with (1) signal lamps, (2) a stop signal arm, (3) a front crossing arm, and (4) a convex mirror.

It also establishes specifications for the required equipment.

The bill prohibits the Department of Motor Vehicles from registering an ice cream truck that is not equipped as the bill requires.

Signal Lamps Under the bill, ice cream trucks must have signal lamps mounted at the same level as high and as widely spaced laterally as is practical.

The signal lamps must (1) be between five and seven inches in diameter and (2) display two alternately flashing red signal lights visible at least 500 feetawayfromfrontandrearinnormalsunlightonastraightlevel road.

Stop Signal Arm The bill requires ice cream trucks to have a stop signal arm that can be extended horizontally from the left side of the truck and sets specifications for the sign.

Measurements.

Whenthe arm is extended, the side nearest thetruck must be 7.25 inches long and parallel to the side of the truck.

The side farthest from the truck must be 18 inches long and parallel to the side nearest the truck.

The two sides must be 18 inches apart, creating a symmetrical, trapezoidal shape.

The bottom of the extended arm must be about 42 inches above the street.

Lights.

The signal arm must have two alternately flashing red lights intheoutsidecorners, andthecornersmust beroundedto conformwith the shape of the lights.

Each light must be between 3 and 5 inches in diameter and visible from at least 300 feet away from the front and rear in normal sunlight upon a straight level road.

sSB608 / File No.

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125 Colors.

The signal arm must have a red reflectorized background with white letters.

These colors must conform to the requirements of the Federal Highway Administration’s Manual on Uniform Traffic Control Devices.

Words.

The sign must bear the words “STOP” “IF SAFE” “THEN GO.” The word “STOP” must be in the middle of the sign in 6-inch-high letters that are up to 4 inches long.

The phrase “IF SAFE” must appear above the word “STOP,” and the phrase “THEN GO” must appear below it.

Both phrases must have letters that are 2 inches high and up to 1.75 inches in length.

Front Crossing Arm Under the bill, a front crossing arm must be attached to an ice cream truck’s front bumper, hinged from the truck’s right side, and extend in conjunction with the stop signal arm.

It must be made of durable material that is covered with a yellow or white reflective material.

The front crossing arm must (1) extend between 4 and 6 feet parallel to the ground when extended outward in front of the truck and (2) not extendpastthewidthofthetruckonthedriver'sleftsidewhenretracted against the front of the truck.

The bottom of the arm must be between and 20 inches above the street.

Convex Mirror The bill requires ice cream trucks to have a convex mirror mounted on the front of the truck so that the driver can see the front of the truck that is obscured by the hood from his or her normal seating position.

Grace Period The bill gives ice cream trucks until May 1, 2022, to comply with the bill’s equipment requirements but imposes an additional safety requirementontrucksthatoperatewithoutsafetyequipmentduring the grace period.

Specifically, it prohibits drivers of unequipped ice cream trucks from stopping or parking the truck to vend to a child in any location where sSB608 / File No.

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125 the child would be required to cross the road in order to approach the truck.

However, this restriction does not apply if the child is physically escorted by an adult.

Use of Equipment The bill requires ice cream truck drivers to display signal lights and extend the stop signal and front crossing arms (1) for at least 50 feet before stopping to vend, (2) while vending, and (3) until all customers are safely off the road.

This requirement applies starting May 1, 2022, or whenever the ice cream truck is equipped as the bill requires, whichever is earlier.

The bill prohibits ice cream truck drivers from displaying its lights or extending the crossing and stop signal arms when the truck is moving (other than when in the process of stopping to vend) or stopped for a reason other than vending.

§ 5 — OPERATING RULES FOR VENDORS The bill requires people vending from ice cream trucks to do so when the truck is lawfully parked or stopped, and from the side of the truck that is facing away from moving vehicular traffic and as close as practical to the curb or edge of the road.

The bill limits the locations where and circumstances under which an ice cream truck may stop to vend.

Specifically, it prohibits a person from vending from an ice cream truck:

1.

on roads (a) with speed limits higher than 25 mph or (b) that are less than 100 feet from an intersection with a road with a speed limit higher than 25 mph;

2.

less than 500 feet from properties used as elementary or middle schools one hour before and one hour after the regular school day, unless it is not a school day and the board of education approves in writing;

3.

when he or she does not have a free, unobstructed view of the sSB608 / File No.

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125 road for least 200 feet in both directions from where the truck is stopped or parked;

or 4.

to a person standing in the road.

The bill also prohibits (1) stopping on the left side of a one-way road to vend and (2) backing up an ice cream truck in order to vend.

§ 1 — FROZEN DESSERTS DEFINED “Frozen desserts” are ice cream;

French ice cream;

frozen custard;

ice milk;

frozen dietary dairy dessert, including special dietary dairy desserts containing nutritive sweeteners;

fruit sherbet;

water ices;

quiescently frozen confection;

quiescently frozen dairy confection;

quiescently frozen whipped cream confection;

frozen whipped cream;

freezer made milk shakes;

French custard ice cream;

nonfruit sherbet;

nonfruit water ices;

manufactured dessert mix;

frozen confection;

mellorine frozen dessert;

parevine;

frozen yogurt;

freezer made shakes;

lo-mel;

and dietary frozen desserts as all such products are commonly known.

They also include any mix used in frozen desserts and any products (1) similar in appearance, odor, or taste to them, or (2) prepared or frozen as frozen desserts are customarily prepared or frozen, whether made with dairy products or nondairy products.

BACKGROUND Infractions Infractions are punishable by fines, usually set by Superior Court judges, of between $35 and $90, plus a $20 or $35 surcharge and an additional fee based on the amount of the fine.

There may be additional charges depending on the type of infraction.

For example, certain motor vehicle infractions trigger a Transportation Fund surcharge of 50% of the fine.

With the various additional charges, the total amount due can be over $300 but often is less than $100.

An infraction is not a crime, and violators can pay the fine by mail without making a court appearance.

Related Bill sSB608 / File No.

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125 sHB 6566, favorably reported by the Committee on Children, contains substantially similar provisions on ice cream truck equipment and operating rules and drivers’ responsibility around ice cream trucks.

COMMITTEE ACTION Transportation Committee Joint Favorable Substitute Yea 35 Nay 0 (03/10/2021) sSB608 / File No.

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