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Substitute Senate Bill No. 305

Public Act No. 08-121

AN ACT CONCERNING MILITARY TRANSPORTATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 14-44a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(a) No person may drive a commercial motor vehicle on the highways of this state unless the person holds a commercial driver's license issued by this state or another state, with applicable endorsements valid for the vehicle he is driving.

(b) The provisions of subsection (a) of this section shall not apply to (1) the holder of a commercial driver's instruction permit when accompanied in the vehicle by the holder of a commercial driver's license, [or] (2) any military personnel who operate commercial motor vehicles solely in connection with their military duties, in accordance with 49 CFR 383. 3(c), or (3) any member of the Connecticut National Guard who is qualified to operate a military or commercial motor vehicle in accordance with 49 CFR 383.3(c) and operates such vehicle while performing state military duty.

(c) Any person who violates the provisions of subsection (a) of this section shall operate a motor vehicle in violation of the classification of the license issued to him, and shall be subject to the penalties provided in subsection (e) of section 14-36a of the 2008 supplement to the general statutes and section 14-44k of the 2008 supplement to the general statutes.

Sec. 2. Section 27-102a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Notwithstanding any provisions of the general statutes with respect to annual or biennial license or registration fees or occupational taxes, any resident of Connecticut on active duty with the armed forces of the United States, shall be exempt from the payment of such fees or taxes during his period of active service and for one year following the date of his honorable discharge or the date of his release under honorable conditions, from such service.

(b) Any [resident of Connecticut on active duty with the armed forces of the United States during the period commencing on August 7, 1990, and lasting for the duration of Operation Desert Shield and Operation Desert Storm until the cessation of hostilities as determined by the President of the United States or until a date established by an act of the General Assembly,] member of the armed forces of any state or of any reserve component of the armed forces of the United States who has been called to active service in the armed forces of any state of the United States shall be exempt from the payment of any fine or late fee assessed for failure to renew [his] a motor vehicle operator's license or motor vehicle registration or for failure to have emissions inspection performed in a timely manner provided such [resident] member renews [his] the license or registration or has [his] the member's vehicle inspected at an official emissions inspection station no later than sixty days following the date such [resident returns to the state] member is released from the qualifying military service.

[(c) Any resident of Connecticut on active duty with the armed forces of the United States who qualifies for a late fee exemption pursuant to subsection (b) of this section, and who has paid such late fee to the Department of Motor Vehicles prior to May 22, 1991, may apply to the department for a refund of such fee. ]

Sec. 3. Subdivision (53) of section 12-81 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(53) (a) One motor vehicle belonging to, leased to or held in trust for, any member of the United States armed forces, if such motor vehicle is garaged inside or outside the state;

(b) Any person claiming the exemption provided under this subdivision for any assessment year shall, not later than the thirty-first day of December next following the date on which property tax is due in such assessment year, file with the assessor or board of assessors, in the town in which such motor vehicle is registered, written application claiming such exemption on a form approved for such purpose by such assessor or board. Notwithstanding the provisions of this chapter, any person claiming the exemption under this subdivision for a leased motor vehicle shall be entitled to a refund of the tax paid with respect to such vehicle, whether such tax was paid by the lessee or by the lessor pursuant to the terms of the lease. Upon approving such person's exemption claim, the assessor shall certify the amount of refund to which the applicant is entitled and shall notify the tax collector of such amount. The tax collector shall refer such certification to the board of selectmen in a town or to the corresponding authority in any other municipality. Upon receipt of such certification, the selectmen or such other authority shall draw an order on the Treasurer in favor of such person for the amount of refund so certified. Failure to file such application as prescribed herein with respect to any assessment year shall constitute a waiver of the right to such exemption for such assessment year.

Approved May 27, 2008