Substitute Senate Bill No. 417
Substitute Senate Bill No. 417
PUBLIC ACT NO. 97-321
AN ACT PROVIDING DEPENDENT DISABLED SUPPORT
PAYMENTS AND PERMITS FOR BICYCLES WITH HELPER
MOTORS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 46b-84 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Upon or subsequent to the annulment or
dissolution of any marriage or the entry of a
decree of legal separation or divorce, the parents
of a minor child of the marriage, shall maintain
the child according to their respective abilities,
if the child is in need of maintenance.
(b) If there is an unmarried child of the
marriage who has attained the age of eighteen, is
a full-time high school student and resides with a
parent, the parents shall maintain the child
according to their respective abilities if the
child is in need of maintenance until such time as
such child completes the twelfth grade or attains
the age of nineteen, whichever first occurs. The
provisions of this subsection shall apply only in
cases where the decree of dissolution of marriage,
legal separation or annulment is entered on or
after July 1, 1994.
(c) THE COURT MAY MAKE APPROPRIATE ORDERS OF
SUPPORT OF ANY CHILD WITH MENTAL RETARDATION, AS
DEFINED IN SECTION 1-1g, OR A MENTAL DISABILITY OR
PHYSICAL DISABILITY, AS DEFINED IN SUBDIVISION
(15) OF SECTION 46a-51, WHO RESIDES WITH A PARENT
AND IS PRINCIPALLY DEPENDENT UPON SUCH PARENT FOR
MAINTENANCE UNTIL SUCH CHILD ATTAINS THE AGE OF
TWENTY-ONE. THE CHILD SUPPORT GUIDELINES
ESTABLISHED PURSUANT TO SECTION 46b-215a SHALL NOT
APPLY TO ORDERS ENTERED UNDER THIS SUBSECTION. THE
PROVISIONS OF THIS SUBSECTION SHALL APPLY ONLY IN
CASES WHERE THE DECREE OF DISSOLUTION OF MARRIAGE,
LEGAL SEPARATION OR ANNULMENT IS ENTERED ON OR
AFTER THE EFFECTIVE DATE OF THIS SUBSECTION OR
WHERE THE INITIAL SUPPORT ORDERS IN ACTIONS NOT
CLAIMING ANY SUCH DECREE ARE ENTERED ON OR AFTER
THE EFFECTIVE DATE OF THIS ACT.
[(c)] (d) In determining whether a child is
in need of maintenance and, if in need, the
respective abilities of the parents to provide
such maintenance and the amount thereof, the court
shall consider the age, health, station,
occupation, earning capacity, amount and sources
of income, estate, vocational skills and
employability of each of the parents, and the age,
health, station, occupation, educational status
and expectation, amount and sources of income,
vocational skills, employability, estate and needs
of the child.
[(d)] (e) At any time at which orders are
entered in a proceeding for dissolution of
marriage, annulment, legal separation, custody, or
support, whether before, at the time of, or after
entry of a decree or judgment, if health insurance
coverage for a child is ordered by the court to be
maintained, the court shall provide in the order
that (1) the signature of the custodial parent or
custodian of the insured dependent shall
constitute a valid authorization to the insurer
for purposes of processing an insurance
reimbursement payment to the provider of the
medical services, to the custodial parent or to
the custodian, (2) neither parent shall prevent or
interfere with the timely processing of any
insurance reimbursement claim and (3) if the
parent receiving an insurance reimbursement
payment is not the parent or custodian who is
paying the bill for the services of the medical
provider, the parent receiving such insurance
reimbursement payment shall promptly pay to the
parent or custodian paying such bill any insurance
reimbursement for such services. For purposes of
subdivision (1), the custodial parent or custodian
is responsible for providing the insurer with a
certified copy of the order of dissolution or
other order requiring maintenance of insurance for
a child provided if such custodial parent or
custodian fails to provide the insurer with a copy
of such order, the Commissioner of Social Services
may provide the insurer with a copy of such order.
Such insurer may thereafter rely on such order and
is not responsible for inquiring as to the legal
sufficiency of the order. The custodial parent or
custodian shall be responsible for providing the
insurer with a certified copy of any order which
materially alters the provision of the original
order with respect to the maintenance of insurance
for a child. If presented with an insurance
reimbursement claim signed by the custodial parent
or custodian, such insurer shall reimburse the
provider of the medical services, if payment is to
be made to such provider under the policy, or
shall otherwise reimburse the custodial parent or
custodian.
[(e)] (f) After the granting of a decree
annulling or dissolving the marriage or ordering a
legal separation, and upon complaint or motion
with order and summons made to the Superior Court
by either parent or by the Commissioner of
Administrative Services in any case arising under
subsection (a) or (b) of this section, the court
shall inquire into the child's need of maintenance
and the respective abilities of the parents to
supply maintenance. The court shall make and
enforce the decree for the maintenance of the
child as it considers just, and may direct
security to be given therefor, including an order
to either party to contract with a third party for
periodic payments or payments contingent on a life
to the other party. The court may order either
parent to name any child who is subject to the
provisions of subsection (a) or (b) of this
section as a beneficiary of any medical or dental
insurance or benefit plan carried by such parent
or available to such parent on a group basis
through an employer or a union.
[(f)] (g) Whenever an obligor is before the
court in proceedings to establish, modify or
enforce a support order, and such order is not
secured by a wage garnishment, the court may
require the obligor to execute a bond or post
other security sufficient to perform such order
for support, provided the court finds that such a
bond is available for purchase within the
financial means of the obligor. Upon failure of
such obligor to comply with such support order,
the court may order the bond or the security
forfeited and the proceeds thereof paid to the
state in AFDC cases or to the obligee in non-AFDC
cases.
Sec. 2. Section 14-286 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Each person operating a bicycle upon and
along a sidewalk or across any roadway upon and
along a crosswalk shall yield the right-of-way to
any pedestrian and shall give an audible signal
within a reasonable distance before overtaking and
passing a pedestrian. Each person operating a
bicycle upon a roadway shall within a reasonable
distance give an audible signal before overtaking
and passing a pedestrian or another bicycle
operator. No person shall operate a bicycle upon
or along a sidewalk or across a roadway upon and
along a crosswalk if such operation is prohibited
by any ordinance of any city, town or borough or
by any regulation of the State Traffic Commission
issued or adopted pursuant to the provisions of
section 14-298.
(b) No person shall ride a bicycle with a
helper motor unless that person holds a valid
motor vehicle operator's license or motorcycle
operator's license. No person shall operate a
bicycle with a helper motor at a rate of speed
exceeding thirty miles per hour; nor shall any
bicycle with a helper motor be operated on any
sidewalk, limited access highway or turnpike.
(c) (1) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTION (b) OF THIS SECTION, THE COMMISSIONER
OF MOTOR VEHICLES MAY ISSUE TO A PERSON WHO DOES
NOT HOLD A VALID OPERATOR'S LICENSE A SPECIAL
PERMIT THAT AUTHORIZES SUCH PERSON TO RIDE A
BICYCLE WITH A HELPER MOTOR IF (A) SUCH PERSON
PRESENTS TO THE COMMISSIONER A CERTIFICATE BY A
PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS
STATE THAT SUCH PERSON IS PHYSICALLY DISABLED, AS
DEFINED IN SECTION 1-1f, OTHER THAN BLIND, AND
THAT, IN THE PHYSICIAN'S OPINION, SUCH PERSON IS
CAPABLE OF RIDING A BICYCLE WITH A HELPER MOTOR,
AND (B) SUCH PERSON DEMONSTRATES TO THE
COMMISSIONER OF MOTOR VEHICLES THAT HE IS ABLE TO
RIDE A BICYCLE (i) WITHOUT A HELPER MOTOR ON LEVEL
TERRAIN, AND (ii) WITH A HELPER MOTOR. (2) SUCH
PERMIT MAY CONTAIN LIMITATIONS THAT THE
COMMISSIONER DEEMS ADVISABLE FOR THE SAFETY OF
SUCH PERSON AND FOR THE PUBLIC SAFETY, INCLUDING,
BUT NOT LIMITED TO, THE MAXIMUM SPEED OF THE
HELPER MOTOR SUCH PERSON MAY USE. NO PERSON WHO
HOLDS A VALID SPECIAL PERMIT UNDER THIS SUBSECTION
SHALL OPERATE A BICYCLE WITH A HELPER'S MOTOR IN
VIOLATION OF ANY LIMITATIONS IMPOSED IN THE
PERMIT. ANY PERSON TO WHOM A SPECIAL PERMIT IS
ISSUED SHALL CARRY THE PERMIT AT ALL TIMES WHILE
OPERATING THE BICYCLE WITH A HELPER'S MOTOR. EACH
PERMIT ISSUED UNDER THIS SUBSECTION SHALL EXPIRE
ONE YEAR FROM THE DATE OF ISSUANCE.
(d) Notwithstanding the provisions of any
statute or regulation to the contrary, the State
Traffic Commission shall adopt regulations in
accordance with the provisions of chapter 54
determining the conditions and circumstances under
which bicycle traffic may be permitted on those
bridges in the state on limited access highways
which it designates to be safe for bicycle
traffic. Bicycle traffic shall not be prohibited
on any such bridges under such conditions and
circumstances. [The term "sidewalk", as used in
this section, shall mean]
(e) AS USED IN THIS SECTION: (1) "SIDEWALK"
MEANS any sidewalk laid out as such by any town,
city or borough, and any walk which is reserved by
custom for the use of pedestrians, or which has
been specially prepared for their use. [It shall]
"SIDEWALK" DOES not include crosswalks [, nor
shall it include] AND DOES NOT INCLUDE footpaths
on portions of public highways outside thickly
settled parts of towns, cities and boroughs, which
are worn only by travel and are not improved by
such towns, cities or boroughs or by abutters; [.
The term] (2) "bicycle" [, as used in this
section,] includes all vehicles propelled by the
person riding the same by foot or hand power or a
helper motor; AND (3) "HELPER MOTOR" MEANS A MOTOR
having a capacity of less than fifty cubic
centimeters piston displacement, [and] rated not
more than two brake horsepower, [and] capable of a
maximum speed of no more than thirty miles per
hour and equipped with automatic transmission.
(f) Any person who pleads not guilty of
violation of any of the provisions of this section
shall be prosecuted within fifteen days of such
plea.
[(b)] (g) No person may operate a
high-mileage vehicle as defined in section 14-1 on
any sidewalk, limited access highway or turnpike.
[(c)] (h) Violation of any provision of this
section shall be an infraction.
Approved July 10, 1997