SB 1082 — AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE DEPARTMENT OF TRANSPORTATION REGARDING A REDUCTION IN BLOOD ALCOHOL LIMITS FOR IMPAIRED DRIVING AND BOATING.

The council shall meet at least once during each calendar quarter and at such other times as the [chairperson deems] cochairpersons deem necessary or upon the request of a majority of the members in office.

Special meetings shall be held at the request of such majority after notice in accordance with the provisions of section 1-225.

Any member who fails to attend fifty per cent of all meetings held during any calendar year or who fails to attend three consecutive meetings shall be deemed to have resigned from office.

(c) The Department of Transportation shall maintain records of each request for information and data received from the council and denote the status of any such request.

Sec.

11.

Section 13b-212c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2023):

The Connecticut [Commuter Rail] Public Transportation Council shall [study and investigate all aspects of the daily] monitor the performance and operation of [commuter rail lines] the commuter railroad systems and state-owned or controlled bus public transportation services in the state [, monitor their performance] and recommend changes to improve the efficiency, equity and [the] quality of service [of the operation of such lines] on such systems and services.

The council may request [and shall receive] from any department, division, board, bureau, commission, agency [,] or public authority of the state, or any political subdivision thereof, such assistance and data [as it requests and] that will enable it to properly carry out its activities for the purposes set forth in this section.

The council shall also [work with the Department of Transportation to] serve as an advocate for customers of all commuter [lines] railroad systems and state-owned or LCO No.

4683 8 of 14 Raised Bill No.1082 controlled bus public transportation services in the state.

[and shall make recommendations for improvements to such lines.] The council shall report its findings and recommendations annually on or before January fifteenth, to the Governor, theCommissioner of Transportation, the General Assembly, the Metro North Rail Commuter Council located in the state of New York and the management advisory board of the office of the inspector general of the Metropolitan Transportation Authority located in the state of New York.

Sec.

12.

Section 20 of public act 21-175 is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Transportation shall study the feasibility of (1) extending the Shore Line East rail line to the state of Rhode Island, (2) establishing a new passenger rail service from the town of New London to the town of Norwich, (3) establishing a new passenger train station in the town of Groton and the borough of Stonington, and (4) extending ground transportation systems in the eastern region of the state and providing interconnection between such systems and rail lines.

The commissioner may seek and use any available federal funds to conduct such study.

On or before [January] December 1, 2023, the commissioner shall submit the results of such study to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with the provisions of section 11-4a of the general statutes.

Sec.

13.

Section 13b-103 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2023):

(a) (1) No person, association, limited liability company or corporation shall operate a motor vehicle in livery service until such person, association, limited liability company or corporation has obtained a permit from the Department of Transportation, specifying the nature and extent of the service to be rendered and certifying that public convenience andnecessity willbeimprovedby theoperationand conduct of such livery service.

Such permits shall be issued only after a LCO No.

4683 9 of 14 Raised Bill No.1082 writtenapplication forthesame hasbeen made andapublichearing has been held thereon.

Upon receipt of such application, together with the payment of a fee of two hundred dollars, the department shall fix a time and place of hearing thereon, within a reasonable time, and shall promptly give written notice of the pendency of such application and of the time and place of such hearing to each applicant, the mayor of each city, the warden of each borough and the first selectman of each town, within which any such applicant desires to maintain an office or headquarters, to any carrier legally operating motor vehicles in livery service within the same territory and to other interested parties as determined by the department.

(2) Notwithstanding the provisions of subdivision (1) ofthis subsection,the department may issuea permit for the operation of vehicles (A) having a capacity of less than eleven adults or to be used exclusively at funerals, weddings, christenings, processions or celebrations, without holding a hearing and certifying that public convenience and necessity would be improved by the operation of such vehicles, or (B) having a capacity of not less than eleven or more than fourteen adults and used for sightseeing and related purposes, without holding a hearing, provided the department issues a legal notice, as provided under section 1-2, of such application and no objection is filed with the department within thirty days of publication of such notice.

(3) Notwithstanding the provisions of subdivision (1) of this subsection, the department may issue a temporary or permanent permit to any person, association, limited liability company or corporation operating a motor vehicle engaged in the transportation of passengers for hire by virtue of a contract with, or a lower tier contract for, any federal, state or municipal agency that (A) is in effect on July 1, 1997, with or without hearing, after a written application for the same has been made and the department has determined that the applicant meets the requirements of subsection (b) of this section except with respect to public convenience and necessity, or (B) becomes effective after July 1, 1997, with or without hearing, after a written application for the same has been made and the department has determined that the applicant meets the requirements of subsection (b) of this section.

Any such permit issued under the provisions of this LCO No.

4683 10 of 14 Raised Bill No.1082 subdivision (i) shall be limited to service provided under any such contract, and (ii) with respect to any contract under the provisions of subparagraph (A) of this subdivision, shall not authorize a total number of motor vehicles exceeding the number required to provide service existing under such contract on July 1, 1997.

(4) Notwithstanding the provisions of subdivision (1) of this subsection, the department shall issue to any person who has an intrastate livery permit for at least one year, upon the application of such person, up to two additional vehicle authorizations each year without a hearing and without written notice of the pendency of the application, if all the existing permits held by such person are registered and in use and if there are no outstanding violations or matters pending adjudication against such person.

Such personmay submit a secondapplication for uptotwo additionalvehicle authorizations for each such year.

The department shall have thirty calendar days to issue such amended permit upon receipt of an application and the payment of the fee described in subdivision (1) of this subsection.

(b) In determining whether or not such a permit will be granted, the Department of Transportation shall take into consideration the present or future public convenience and necessity for the service the applicant proposes to render, the suitability of the applicant or the suitability of the management if the applicant is a limited liability company or corporation, the financial responsibility of the applicant, the ability of the applicant efficiently and properly to perform the service for which authority is requested and the fitness, willingness and ability of the applicant to conform to the provisions of this chapter and the requirements and regulations of the department under this chapter.

(c) Any interested party may bring a written petition to the Department of Transportation in respect to fares, service, operation or equipment, or the convenience, protection and safety of the public with regard to any carrier operating a motor vehicle in livery service.

Thereupon, the department may fix a time and place for a hearing upon such petition and give notice thereof.

No permit shall be sold or transferred until the department, upon written application to it setting LCO No.

4683 11 of 14 Raised Bill No.1082 forth the purpose, terms and conditions thereof and accompanied by a fee of two hundred dollars, after investigation, approves the same.

The department may amend or, for sufficient cause shown, may suspend or revoke any such permit.

The department may order appropriate corrective action as the department deems necessary, including, but not limited to, the attendance of a motor vehicle operator retraining program.

The department may impose a civil penalty on any person or any officer of any association, limited liability company or corporation who violates any provision of this chapter or any regulation adopted under section 13b-102, as amended by this act, with respect to fares, service, operation, [or] equipment, management or staffing, in an amount not to exceed one thousand dollars per day for each violation.

Prior to the imposition of a civil penalty under this subsection, the department shall provide notice to said person or officer no later than fifteen business days after receipt of information concerning an alleged violation and shall provide an opportunity for a hearing.

[(d) The owner or operator of each motor vehicle in livery service shall display in such vehicle such permit or a memorandum thereof.] [(e)] (d) (1) Any person who holds himself or herself out to be the operator of a motor vehicle in livery service who has not received a permit under this section shall be guilty of a class B misdemeanor.

(2) The state shall remit to a municipality fifty per cent of the fine amount received for aviolationofsubdivision(1)ofthissubsectionwith respect to each summons issued by such municipality.

Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official.

[(f)] (e) The Department of Transportation may revoke a permit issued under this section or section 13b-105 without a hearing, provided LCO No.

4683 12 of 14 Raised Bill No.

1082 (1) the department sends a notice of revocation to the permit holder at the address of the permit holder on file with the department and (A) the notice is returned as undeliverable or could not be delivered, or (B) the permit holder fails to respond to the notice within the time period specified by the department in such notice, (2) the department conducts a physical inspection of the address of the permit holder on file with the department and determines that no livery service is operated at such address, and (3)no motor vehicleisregisteredby thepermit holder with the Department of Motor Vehicles to be used as specified in the permit pursuant to section 13b-106.

Sec.

14.

Subdivision (1) of subsection (a) of section 13b-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2023):

(a) (1) Each person, association, limited liability company or corporation owning or operating a motor vehicle in livery service shall be subject to the jurisdiction of the Department of Transportation, and the department may prescribe adequate service and reasonable rates and charges and prescribe and establish such reasonable regulations, in accordance with the provisions of chapter 54, with respect to fares, service, operation, [and] equipment, management and staffing as it deems necessary for the convenience, protection, safety and best interests of passengers and the public.

2 January 2, 2024 14-227b(n) January 2, 2024 Sec.

3 January 2, 2024 14-227m(a) Sec.

9 January 2, 2024 38a-525c JulyTRA 1,Joint 2023Favorable Sec.Subst.

10sSB1082 13b-212b/ LCOFile No.

4683250 136 ofsSB1082 14File Raised Bill No.

1082250 Sec.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.

11In Julygeneral, 1,fiscal 2023impacts 13b-212care Sec.based upon a variety of informational sources, including the analyst’s professional knowledge.

12Whenever fromapplicable, passageagency PAdata 21-175,is Sec.consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

20OFA Sec.Fiscal Note State Impact:

13Agency OctoberAffected 1,Fund-Effect 2023FY 13b-10324 Sec.$ FY 25 $ Judicial Dept.

14(Probation) OctoberGF 1,- 2023Potential 13b-102(a)(1)See StatementBelow See Below Cost Resources of Purpose:the General Fund GF - Potential See Below See Below Revenue Gain Mental Health & Addiction Other Fund - See Below See Below Serv., Dept.

ToPotential implementNote: recommendations of the Department of Transportation concerning (1) lowering the blood alcohol content for driving and boating under the influence from eight-hundredths to five-hundredths of one per cent of alcohol, by weight, (2) establishing the Connecticut Public Transportation Council, (3) requiring the results of the study regarding the Shore Line East rail line be submitted on or before December 1, 2023, and (4) motor vehicles in livery service.

[ProposedGF=General deletionsFund areMunicipal enclosedImpact: in brackets.

ProposedMunicipalities additionsEffect areFY indicated24 by$ underline,FY except25 that$ whenVarious theMunicipalities entirePotential textSee ofBelow aSee billBelow orRevenue resolutionExplanation orThe abill sectionlowers ofthe ablood billalcohol orcontent resolution(BAC) islimit new,for itimpaired isdrivers notand underlined.]boaters LCOfrom No.0.08% to 0.05%.

4683To 14the extent that there are additional arrests because of 14this change, the bill results in a potential cost for probation and a revenue gain from fines, a portion of which are remitted to the municipality in which the violation occurs.

On average, the marginal cost for supervision in the community is less than $800 1 each year.

In FY 22, there was roughly $900,000 in elevated BAC related 1Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant.

This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.

sSB1082 / File No.

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250 fines.

To the extent the bill increases pretrial impaired driver intervention program referrals and participation, the non-appropriated Pre-Trial account under the Department of Mental Health and Addiction Services (DMHAS) could experience both increased program fee revenue as well as increased costs for participants for whom program fees are waived.

For context, the evaluation fee is $150 per person and the alcohol education component program fee is $400.

The bill will also necessitate state and local law enforcement agencies to update their policies and training curriculums, but this is not anticipated to result in a fiscal impact.

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

sSB1082 / File No.

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250 OLR Bill Analysis sSB 1082 AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE DEPARTMENT OF TRANSPORTATION REGARDING A REDUCTION IN BLOOD ALCOHOL LIMITS FOR IMPAIRED DRIVING AND BOATING.

SUMMARY This bill lowers the general blood alcohol content (BAC) per se limit for impaired driving and boating from 0.08% to 0.05%.

By law, people who drive a motor vehicle or operate a boat while their BAC exceedsthe per se limit are considered to be driving or boating with an “elevated BAC,” which is illegal in and of itself, regardless of a person’s impairment.

The limit applies to both (1) criminal driving under the influence (DUI) and impaired boating statutes and (2) administrative license suspension for DUI (referred to as “administrative per se”) and impaired boating.

By law, the generalperse limit appliesinmost cases,but a lower limit applies to people who are (1) driving a commercial vehicle (0.04%) or (2) driving or operating a boat under age 21.

The limits apply to people operating (1) motor vehicles anywhere, including their own property;

(2) snowmobiles and all-terrain vehicles;

and (3) boating vessels that are underway or aground and are not moored, anchored, or docked.

The bill also makes numerous technical and conforming changes, such as updating BAC references in the insurance statutes.

EFFECTIVE DATE:

January 2, 2024 BACKGROUND BAC Testing and Administrative License Suspension The DUI law prohibits driving a motor vehicle (1) while under the sSB1082 / File No.

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250 influence of alcohol or drugs (or both) or (2) with an elevated BAC.

A police officer may measure a driver’s BAC by testing the driver’s blood, breath, or urine.

Anyone who drives implicitly consents to this testing.

Parents or guardians are also considered to have given their consent if the driver is a minor.

When arresting someone for DUI and before administering the test, the police officer must give the driver a chance to call a lawyer and inform the driver:

1.

of his or her constitutional rights, 2.

that his or her license will be suspended if they refuse to take the test or if the test results indicate an elevated BAC, and 3.

that evidence of a refusal may be used against him or her in a criminal prosecution.

The law requires an administrative license suspension process for drivers suspected of impairment who refuse to submit to the test or whose test results indicate an elevated BAC.

This process runs parallel to the criminal process for DUI charges.

People who are found, after a DMVhearing,tohavedrivenwithanelevated BACfacea45-daylicense suspension followed by a period of mandatory ignition interlock device use (CGS § 14-227b(c)).

The law establishes a largely parallel process for the Department of Energy andEnvironmental Protectionto test aboater’sBAC and impose administrative sanctions on boaters who operate vessels with an elevated BAC or who refuse to submit to BAC testing (CGS § 15-140q).

COMMITTEE ACTION Transportation Committee Joint Favorable Substitute Yea 21 Nay 15 (03/10/2023) sSB1082 / File No.

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