Substitute House Bill No. 5597
          Substitute House Bill No. 5597

              PUBLIC ACT NO. 98-182


AN  ACT  CONCERNING  REVISIONS  TO  CERTAIN  MOTOR
VEHICLE  STATUTES  AND   PROCEDURAL   CHANGES   TO
POSSESSION  OF MOTOR  VEHICLE  OPERATOR'S  LICENSE
AFTER ARREST WHILE OPERATING UNDER THE INFLUENCE.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section   14-18  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  (1) Each  motor  vehicle  for  which  one
number plate has  been  issued shall, while in use
or operation upon any public highway, display in a
conspicuous place at  the rear of such vehicle the
number plate. Each  such  motor vehicle shall also
display a sticker on the number plate or elsewhere
on the vehicle,  as  the  commissioner may direct,
denoting the expiration  date of the registration,
as assigned by the commissioner.
    (2) Each motor  vehicle  for  which two number
plates have been  issued  shall,  while  in use or
operation upon any  public  highway,  display in a
conspicuous place at  the  front  and  the rear of
such vehicle the  number  plates.  Each such motor
vehicle shall also  display  a sticker on the rear
number plate or  elsewhere  on the vehicle, as the
commissioner may direct,  denoting  the expiration
date  of the  registration,  as  assigned  by  the
commissioner.
    (b) Repealed by 1969, P.A. 247, S. 1.
    (c) Such number  plates  when  displayed  upon
motor vehicles shall  be  entirely  unobscured and
the numerals and  letters thereon shall be plainly
legible at all  times. Such number plates shall be
horizontal, and shall  be  fastened  so  as not to
swing and, during the time when a motor vehicle is
required to display  lights, the rear number plate
shall be so  illuminated  as  to  be  legible at a
distance of fifty  feet.  No  plates,  devices  or
attachments may be  affixed to the official number
plates. Plates, devices  or attachments affixed to
the number plate  holder  shall be attached to the
rear of the  holder  in such manner that they will
not cover any  part  of  the number plate and that
loosening of the  device  or  its attachments will
not permit it  to  fall or move so as to cover any
symbols on the  face of the number plate. Not more
than one number  plate  shall  be displayed on the
front or rear  of  any  motor vehicle in operation
upon the public  highways  of  the state; provided
any motor vehicle  may,  upon  permission  of  the
commissioner, display more  than  one number plate
in front or  rear,  subject  to such conditions as
the commissioner prescribes.  If  any number plate
supplied by the  commissioner  is  lost, or if the
registered  number thereon  becomes  mutilated  or
illegible, the owner  of  or the person in control
of the motor  vehicle  for which such number plate
was furnished shall  immediately place a temporary
number plate bearing  his registration number upon
such motor vehicle,  which  temporary number plate
shall conform to  the  regular  number  plate  and
shall be displayed as nearly as possible as herein
provided for such  regular  number plate; and such
owner shall, within  forty-eight  hours after such
loss  or mutilation  of  his  number  plate,  give
notice thereof to the commissioner and apply for a
new number plate.  The  commissioner  may  issue a
permit to operate  with  such  temporary plate and
shall supply new number plates upon payment of the
fee therefor as  provided  in section 14-50a. Upon
receipt  of  such   new   number  plates  and  new
certificate, the remaining  old  number  plate, if
any, and certificate  shall  be surrendered to the
commissioner.
    (d) All number plates shall be the property of
the state and  no  title therein shall pass to any
person  registering  a  motor  vehicle  under  the
provisions  of this  chapter.  The  owner  of  any
registered motor vehicle which is not reregistered
at the end  of a registration period shall, within
ten days, return  the number plates thereof to the
commissioner. Any person who sells a motor vehicle
pursuant to section  14-150 or 49-61 shall, within
ten days of  such sale, return to the commissioner
any number plates  displayed  on  the  vehicle  or
which  come  into   such  person's  possession  in
connection with such  sale.  When the commissioner
issues a new  type  of number plate for use by all
persons registering motor  vehicles,  the obsolete
number plates shall  become  the  property  of the
registrant upon the expiration date.
    (e) THE COMMISSIONER  MAY ISSUE A NUMBER PLATE
INSCRIBED WITH THE  LEGEND  "SAMPLE".  SUCH NUMBER
PLATE SHALL NOT  BE DISPLAYED ON ANY MOTOR VEHICLE
OR USED AS  OFFICIAL  REGISTRATION  MARKER PLATES.
THE COMMISSIONER MAY IMPOSE A FEE FOR THE ISSUANCE
OF SUCH NUMBER PLATE. SUCH FEE SHALL BE SUFFICIENT
TO COVER THE  COST  OF  MANUFACTURING  AND ISSUING
SUCH NUMBER PLATE.
    [(e)] (f) No  person  shall wilfully damage or
destroy any number plate.
    [(f)]  (g)  Violation   of  any  provision  of
subsection (a), (c),  (d), [or] (e) OR (f) of this
section shall be an infraction.
    Sec. 2. Section 14-98a of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    No person shall  operate  a  motor  vehicle or
trailer upon the public highways unless such motor
vehicle or trailer  is equipped with tires in safe
operating    condition    in    accordance    with
requirements approved by the Commissioner of Motor
Vehicles.   The   commissioner   shall   establish
standards of safe  operating  condition  for tires
mounted  on  vehicles,   using   simple  measuring
gauges. Said requirements  shall encompass effects
of tread wear  and  depth  of  tread. This section
shall not apply to [farm vehicles registered under
subsection (q) of  section  14-49,] self-propelled
combines, self-propelled corn  and  hay harvesting
machines  and  tractors   used   exclusively   for
agricultural   purposes.   Any   law   enforcement
officer, at any  time,  upon  reasonable  cause to
believe that the  tires of a vehicle are unsafe or
it is equipped  with  tires  in  violation  of the
provision  of  this   section,   may  require  the
operator of such  vehicle  to  stop and submit the
tires of such  vehicle  to  an  inspection. If the
inspection  discloses  the   vehicle   to   be  in
violation, the officer  may  issue  a  summons for
such violation. Operation  of  a motor vehicle or,
as  owner permitting  the  operation  of  a  motor
vehicle in violation  of  any  provision  of  this
section shall be an infraction.
    Sec. 3. Subsection  (a)  of section 14-164a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) No person shall operate a motor vehicle in
any race, contest  or  demonstration  of  speed or
skill with a  motor vehicle as a public exhibition
until a permit  for  such  race  or exhibition has
been  obtained  from  the  Commissioner  of  Motor
Vehicles. Any person  desiring  to manage, operate
or conduct such a motor vehicle race or exhibition
shall  make  application   in   writing   to  said
commissioner at least  ten  days prior to the race
or exhibition and such application shall set forth
in  detail the  time  of  such  proposed  race  or
exhibition, together with  a  description  of  the
kind and number  of  motor vehicles to be used and
such further information  as said commissioner may
require. Such application  shall be accompanied by
a fee of  [fifty  dollars.  On  and  after July 1,
1991, such fee  shall  be  one  hundred  forty-one
dollars, and on  and  after  July  1,  1993,]  one
hundred seventy-seven dollars. The Commissioner of
Motor Vehicles, upon  receipt  of such application
and  fee,  shall  cause  an  inquiry  to  be  made
concerning the condition  of  the  race  track  or
place of exhibition  and  all of the appurtenances
thereto and, if  he  finds  no  unusual  hazard to
participants in such  race  or  exhibition  or  to
persons attending such  race or exhibition, he may
issue a permit  naming  a  definite  date for such
race or exhibition,  which may be conducted at any
reasonable hour of  any  week  day or after twelve
o'clock  noon on  any  Sunday.  [,  provided]  THE
COMMISSIONER, WITH THE APPROVAL OF THE LEGISLATIVE
BODY OF THE  CITY,  BOROUGH  OR  TOWN IN WHICH THE
RACE OR EXHIBITION  WILL  BE  HELD,  MAY  ISSUE  A
PERMIT  ALLOWING A  START  TIME  PRIOR  TO  TWELVE
O'CLOCK NOON ON  ANY SUNDAY, PROVIDED no such race
or exhibition shall  take  place  contrary  to the
provisions   of  any   city,   borough   or   town
ordinances. The commissioner  may make regulations
as to the conditions under which each such race or
exhibition    may    be    conducted,    including
requirements as to  types  of  tires  suitable for
safe use, the  age  and  physical condition of the
participating    operators,   the    number    and
qualifications   of   attending   personnel,   the
provision of first-aid  and  medical  supplies and
equipment,   including   ambulances,    and    the
attendance of doctors  or  other persons qualified
to give emergency  medical  aid,  police  and fire
protection, and such  other  requirements  as will
eliminate any unusual  hazard  to  participants in
such race or  exhibition  or to the spectators. No
minor  under  the   age   of   sixteen  years  may
participate in motor  cross  racing, except that a
minor  thirteen  years   of   age   or  older  may
participate  in  such   racing  with  the  written
permission of his  parents  or  legal guardian. If
weather or track  conditions  are  such as to make
such race or  exhibition  unusually hazardous, the
commissioner or other person designated by him may
cancel or postpone the same or may require the use
of tires of  a  type  approved  by  him. No person
shall conduct or  participate in any motor vehicle
race or contest or demonstration of speed or skill
in any motor  vehicle  on  the  ice of any body of
water. The provisions  of  this  section shall not
apply to a  motor  vehicle with a motor of no more
than three horsepower  or  a  go-cart type vehicle
with a motor  of  no  more than twelve horsepower,
when operated on  a  track of one-eighth of a mile
or less in  length.  Preliminary  preparations and
practice runs, performed  after  eleven o'clock in
the forenoon, on the date designated in the permit
and prior to  cancellation  or postponement, shall
not  be  construed   to   constitute   a  race  or
exhibition within the  meaning of this section. No
preliminary preparations or practice runs shall be
performed before twelve  o'clock  noon  on Sunday.
For the purposes  of this subsection, "motor cross
racing" means motorcycle racing on a dirt track by
participants  operating motorcycles  designed  and
manufactured  exclusively  for  off-road  use  and
powered by an engine having a capacity of not more
than  five  hundred   cubic   centimeters   piston
displacement.
    Sec. 4. Subsection  (c)  of section 14-164c of
the general statutes,  as  amended by section 1 of
public act 97-82  and  section  15  of  public act
97-236,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (c) The commissioner  shall  adopt regulations
in accordance with  chapter  54  to  implement the
provisions of this section. Such regulations shall
include  provision  for   a   periodic   emissions
inspection and compliance  or  waiver with exhaust
emission standards, air  pollution  control system
integrity  standards and  purge  system  standards
defined  by  the   Commissioner  of  Environmental
Protection for all  motor  vehicles  registered or
which will be registered in this state except: (1)
Vehicles having a  gross  weight  of more than ten
thousand   pounds;   (2)   vehicles   powered   by
electricity; (3) bicycles  with  motors  attached;
(4) motorcycles; (5)  vehicles  operating  with  a
temporary registration; (6)  vehicles manufactured
[before the 1968  model  year] TWENTY-FIVE OR MORE
YEARS AGO; (7) new vehicles at the time of initial
registration;  (8)  vehicles  registered  but  not
designed  primarily  for  highway  use;  (9)  farm
vehicles, as defined  in subsection (q) of section
14-49;  (10) antique,  rare  or  special  interest
motor vehicles, as  defined  in  section  14-1, AS
AMENDED; (11) diesel-powered type II school buses.
The commissioner may  require emissions inspection
and compliance or  waiver  prior  to completion of
the sale and  registration of a motor vehicle over
one year old. If the Commissioner of Environmental
Protection finds that  it  is necessary to inspect
motor vehicles which  are exempt under subdivision
(1)  of  this   subsection  in  order  to  achieve
compliance with federal  law  concerning  emission
reduction requirements, the  Commissioner of Motor
Vehicles may adopt regulations, in accordance with
the  provisions of  chapter  54,  to  require  the
inspection  of  motorcycles  or  designated  motor
vehicles having a  gross  weight  of more than ten
thousand pounds.
    Sec. 5. Subsection  (g)  of section 14-164c of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (g) The commissioner,  with  approval  of  the
Secretary of the  Office of Policy and Management,
shall establish, and from time to time modify, the
inspection fees, not  to  exceed  ten  dollars per
inspection, required pursuant  to this chapter for
inspections   performed  at   official   emissions
inspection stations. If  the costs to the state of
the   emissions  inspection   program,   including
administrative   costs   and   payments   to   any
independent  contractor, exceed  the  income  from
such inspection fees,  such  excess costs shall be
borne by the  state.  Any person whose vehicle has
been inspected at an official emissions inspection
station shall, if  such  vehicle  is  found not to
comply  with  any  required  standards,  have  the
vehicle repaired and  have the right within thirty
consecutive calendar days  to  return such vehicle
for  one reinspection  without  charge,  provided,
where the thirtieth  day falls on any day when the
official emissions inspection  station  is  closed
for business, such  person  may return his vehicle
for reinspection on  the  next  day  on which such
station is open  for  business.  The  commissioner
shall assess a  late fee of twenty dollars for the
emissions inspection of  a motor vehicle performed
at an official  emissions inspection station later
than thirty days  after the expiration date of the
assigned inspection period  provided  he may waive
such  late  fee   when   it   is   proven  to  his
satisfaction that the  failure to have the vehicle
inspected  within  thirty  days  of  the  assigned
inspection    period   was    due    to    exigent
circumstances. IF OWNERSHIP  OF  THE MOTOR VEHICLE
HAS BEEN TRANSFERRED  SUBSEQUENT TO THE EXPIRATION
DATE OF THE ASSIGNED INSPECTION PERIOD AND THE NEW
OWNER  HAS SUCH  MOTOR  VEHICLE  INSPECTED  WITHIN
THIRTY DAYS OF  THE  TRANSFER OF OWNERSHIP OF SUCH
MOTOR VEHICLE, THE  COMMISSIONER  SHALL  WAIVE THE
LATE FEE. If  the  thirtieth  day falls on any day
when the official  emissions inspection station is
closed for business, such vehicle may be inspected
on the next  day on which such station is open for
business and no  late fee shall be assessed. Fifty
per  cent  of  such  late  fees  received  by  the
commissioner pursuant to  this subsection shall be
deposited in the  General  Fund  and the remainder
shall be deposited  in  the  Emissions  Enterprise
Fund. The ten-dollar  fee imposed pursuant to this
subsection shall terminate  at  the  expiration of
the negotiated agreement  in  effect  on  June  1,
1992.  The commissioner  shall  then  establish  a
temporary inspection fee to remain in effect until
such time as  the  General  Assembly establishes a
new fee.
    Sec. 6. Subsection  (a)  of  section 14-166 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) [No certificate  of title need be obtained
for] THE ACQUISITION  OF  A  CERTIFICATE  OF TITLE
SHALL  NOT BE  REQUIRED  AND  THE  ISSUANCE  OF  A
CERTIFICATE OF TITLE  BY THE COMMISSIONER OF MOTOR
VEHICLES SHALL NOT  BE REQUIRED FOR THE FOLLOWING:
(1) A vehicle  owned  by the United States, unless
it is registered  in  this  state;  (2)  a vehicle
owned by a  manufacturer  or  dealer  and held for
sale,  even  though   incidentally  moved  on  the
highway  or  used   for  purposes  of  testing  or
demonstration; or a vehicle used by a manufacturer
solely for testing;  (3)  a  vehicle  owned  by  a
nonresident of this  state and not required by law
to be registered  in  this  state;  (4)  a vehicle
regularly engaged in the interstate transportation
of  persons or  property  for  which  a  currently
effective certificate of  title has been issued in
another  state; (5)  a  vehicle  moved  solely  by
animal power; (6)  an  implement of husbandry; (7)
special  mobile equipment;  (8)  a  self-propelled
wheel chair or  invalid  tricycle; (9) any trailer
having a gross  weight  not  in  excess  of  three
thousand pounds; [(10)  any  vehicle, manufactured
prior to 1970,  excluding  commercial tractors and
including, but not limited to, commercial vehicles
having a gross  weight  not  in excess of eighteen
thousand pounds; (11)]  (10) any vehicle for which
a temporary registration  has been issued pursuant
to section 14-12  for  the purpose of permitting a
nonresident  owner  who  purchases  a  vehicle  in
Connecticut  to transport  such  vehicle  to  such
owner's home state;  [(12)]  (11)  a motor vehicle
owned by the  state  or  any town, city or borough
within the state;  [(13)]  (12)  a  motor  vehicle
registered  temporarily  for  inspection  purposes
pursuant to section  14-12.  THE  ACQUISITION OF A
CERTIFICATE OF TITLE  FOR ANY VEHICLE MANUFACTURED
PRIOR  TO  1981   SHALL   NOT   BE  REQUIRED.  THE
COMMISSIONER, IN HIS  DISCRETION,  MAY  ISSUE SUCH
CERTIFICATE OF TITLE FOR SUCH A VEHICLE.
    Sec. 7. Section  1  of  public  act  97-236 is
repealed and the  following is substituted in lieu
thereof:
    The Commissioner of  Motor  Vehicles,  at  the
request of any  veteran,  as defined in subsection
(a) of section  27-103, or the surviving spouse of
such veteran, shall register any [passenger] motor
vehicle owned or  leased  for a period of at least
one year by  such person and shall issue a special
certificate of registration  and  a  set of number
plates for each  such  vehicle.  The  plates shall
expire  and be  renewed  as  provided  in  section
14-22. The commissioner  shall  charge  a  fee for
such plates which  shall  cover the entire cost of
making the same  and which shall be in addition to
the  fee for  registration  of  [the]  SUCH  motor
vehicle.
    Sec. 8. Subsection  (g)  of  section 13b-59 of
the general statutes,  as  amended by section 7 of
public act 97-62, is repealed and the following is
substituted in lieu thereof:
    (g) "Motor vehicle related fines, penalties or
other charges" means all fines, penalties or other
charges  required  by,   or   levied  pursuant  to
subsection (a) of  section  14-12, sections 14-13,
14-16, 14-17, 14-18,  14-26, 14-27, AS AMENDED and
14-29,  subsection  (d)   of   section  14-35  and
sections 14-36, AS  AMENDED,  14-39, 14-43, 14-45,
14-64, 14-80, 14-81,  14-82,  14-97, 14-98, 14-99,
14-101, 14-102, 14-103,  14-104,  14-105,  14-106,
14-110, 14-111, 14-112,  14-137a,  14-140, 14-145,
14-146, 14-147, 14-148,  14-149,  14-150,  14-151,
14-152, 14-161, [14-164a,] 14-196, 14-197, 14-198,
14-213, 14-214, AS  AMENDED,  14-215,  AS AMENDED,
14-216, 14-217, 14-218a,  14-219,  14-220, 14-221,
14-222,  14-223,  14-224,   AS   AMENDED,  14-225,
14-226, 14-228, 14-230,  14-231,  14-232,  14-233,
14-234, 14-235, 14-236,  14-237,  14-238,  14-239,
14-240, 14-241, 14-242,  14-243,  14-244,  14-245,
14-246a, 14-247, 14-249,  14-250,  14-257, 14-260,
14-261,  14-262,  AS   AMENDED,  14-264,  14-267a,
14-269, subsection (f) of section 14-270, sections
14-271, 14-273, 14-274,  14-275,  14-276,  14-277,
14-279, 14-280, 14-281,  14-282,  14-283,  14-285,
14-286,  AS  AMENDED,   14-295,   14-296,  14-300,
14-314, 14-329, 14-331,  14-342,  14-386, 14-386a,
14-387, 15-7, 15-8, 15-9, 15-16, 15-25 and 15-33.
    Sec. 9. (NEW)  (a)  On  and  after  January 1,
1999, the Commissioner  of  Motor  Vehicles  shall
issue Amistad commemorative  number  plates  of  a
design to enhance  public  awareness  of  the 1839
uprising against the  crew  of  the  Spanish slave
schooner,  The  Amistad.   Said  design  shall  be
determined by the  Commissioner of Motor Vehicles.
No use shall  be  made  of  such  plates except as
official registration marker plates.
    (b) The Commissioner  of  Motor Vehicles shall
adopt regulations, in  accordance  with chapter 54
of the general statutes, which shall provide for a
one-time fee of  fifty  dollars  to be charged for
Amistad commemorative number  plates,  in addition
to the regular  fee  or  fees  prescribed  for the
registration of a  motor  vehicle. Fifteen dollars
of such one-time  fee  shall  be  deposited  in an
account  controlled by  the  Department  of  Motor
Vehicles to be  used  for  administrative costs of
carrying out the  provisions  of  this subsection.
Such number plates  shall have letters and numbers
selected by the  Commissioner  of  Motor Vehicles.
The Commissioner of Motor Vehicles may establish a
higher  fee for:  (1)  Such  number  plates  which
contain letters in  place of numbers as authorized
by  section 14-49  of  the  general  statutes,  as
amended, in addition to the fee or fees prescribed
for plates issued  under  said  section 14-49; and
(2)  such  number  plates  which  are  low  number
plates, in accordance  with  section 14-160 of the
general statutes, in  addition  to the fee or fees
prescribed for plates  issued  under  said section
14-160.  All  fees   established   and   collected
pursuant to this section, except moneys designated
for  administrative costs  of  the  Department  of
Motor Vehicles, shall  be deposited in the Amistad
commemorative  account  established   pursuant  to
section 10 of this act.
    (c) No additional renewal fee shall be charged
for renewal of  registration for any motor vehicle
bearing Amistad commemorative  number plates which
contain letters in place of numbers, or low number
plates, in excess  of  the renewal fee for Amistad
commemorative  number  plates   with  letters  and
numbers  selected by  the  Commissioner  of  Motor
Vehicles. No transfer  fee  shall  be  charged for
transfer of an  existing registration to or from a
registration  with  Amistad  commemorative  number
plates.
    (d) The Commissioner  of  Motor Vehicles shall
adopt   regulations   in   accordance   with   the
provisions of chapter  54 of the general statutes,
to  establish standards  and  procedures  for  the
issuance,  renewal  and   replacement  of  Amistad
commemorative number plates.
    Sec. 10. (a)  There  is established an account
to be known as the "Amistad commemorative account"
which  shall be  a  separate,  nonlapsing  account
within the General Fund. The account shall contain
any moneys required  by law to be deposited in the
account.
    (b)  The  moneys  in  said  account  shall  be
expended by the  Secretary of the Office of Policy
and Management for the purposes of: (1) Innovative
community  programs  to   further   the   goal  of
informing the public  of the 1839 uprising against
the  crew  of  the  Spanish  slave  schooner,  The
Amistad, and the  United States Supreme Court case
that arose from  such  uprising; (2) allocation of
grants to agencies,  institutions  or  persons  to
conduct   research,  provide   public   education,
establish  outreach programs  and  enhance  public
awareness of the Amistad uprising and its place in
Connecticut's history; and  (3)  reimbursement  to
the Department of  Motor  Vehicles for the cost of
producing, issuing, renewing and replacing Amistad
commemorative     number     plates,     including
administrative expenses, pursuant  to section 9 of
this act.
    (c) The Secretary  of the Office of Policy and
Management may receive  private  donations to said
account and any  such  receipts shall be deposited
in said account.
    (d) The Commissioner  of  Motor  Vehicles  may
provide for the  reproduction and marketing of the
Amistad commemorative number  plate  image for use
on  clothing,  recreational   equipment,  posters,
mementoes or other  products or programs deemed by
the commissioner to  be  suitable  as  a  means of
supporting the Amistad  commemorative account. Any
moneys  received by  the  commissioner  from  such
marketing shall be deposited in said account.
    Sec. 11. (a) There is established a task force
to  study  reflectorized   safety  number  plates,
within available appropriations.  The  task  force
shall  study  the   feasibility  of  a  state-wide
license  plate  reissuance   for   passenger   and
commercial vehicles. Such study shall include, but
not be limited to: (1) The impact on the reduction
of unregistered and  uninsured motor vehicles; (2)
the impact on  state  and  local  revenue; (3) the
rescheduling  of  the   current   time  table  for
registration  renewals;  (4)   the  prevention  of
registration sticker theft;  and  (5) the benefits
of  adopting the  use  of  a  fully  reflectorized
safety number plate.
    (b)  The  task  force  shall  consist  of  the
following members:
    (1) The Commissioner of Motor Vehicles, or his
designee, (2) the  Commissioner  of Public Safety,
or  his  designee,   (3)   the   Commissioner   of
Correction, or his  designee, (4) the Secretary of
the  Office  of  Policy  and  Management,  or  his
designee, (5) a  representative of the Connecticut
Chiefs of Police  Association,  appointed  by  the
Commissioner   of   Motor    Vehicles,    (6)    a
representative of a  police  trooper organization,
appointed by the  Commissioner  of  Motor Vehicles
and  (7) a  representative  of  a  driving  safety
advocacy group, appointed  by  the Commissioner of
Motor Vehicles.
    (c) All appointments  to  the task force shall
be  made no  later  than  thirty  days  after  the
effective date of  this section. Any vacancy shall
be filled by  the  appointing  authority. The task
force shall elect  the  chairperson  at  its first
meeting from among its members.
    (d) Not later  than  January 1, 1999, the task
force shall submit  a  report  on its findings and
recommendations  to  the   Department   of   Motor
Vehicles and 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. The task  force  shall  terminate on the
date that it  submits  such  report  or January 1,
1999, whichever is earlier.
    Sec.  12.  Section   14-111g  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  For  the  purposes  of  this  subsection,
"moving violation" means  any violation of section
14-218a,   14-219,  14-222,   [14-222a,]   14-223,
[14-224,] subsection [(a)  or  (b) of section] (b)
OF SECTION 14-227a,  14-230  to 14-249, inclusive,
14-279, 14-289b, 14-299,  14-301,  14-302, 14-303,
[53a-56b,  53a-57  or   53a-60d]  AND  "SUSPENSION
VIOLATION" MEANS A  VIOLATION  OF SECTION 14-222a,
14-224, SUBSECTION (a) OF SECTION 14-227a, SECTION
53a-56b, 53a-57 OR  53a-60d.  The  Commissioner of
Motor  Vehicles may  require  any  licensed  motor
vehicle operator WHO  IS  TWENTY-FOUR YEARS OF AGE
OR  LESS, who  has  been  convicted  of  a  moving
violation  OR A  SUSPENSION  VIOLATION,  OR  BOTH,
committed on two  or  more  occasions  to attend a
motor vehicle operator's  retraining  program. THE
COMMISSIONER  MAY  REQUIRE   ANY   LICENSED  MOTOR
VEHICLE OPERATOR OVER  TWENTY-FOUR  YEARS  OF AGE,
WHO HAS BEEN  CONVICTED OF A MOVING VIOLATION OR A
SUSPENSION  VIOLATION OR  A  COMBINATION  OF  SAID
VIOLATIONS, COMMITTED ON  THREE  OR MORE OCCASIONS
TO ATTEND A  MOTOR  VEHICLE  OPERATOR'S RETRAINING
PROGRAM. The retraining  program  shall (1) review
principles of motor  vehicle  operation,  [and the
need to practice  safe  driving  behavior and] (2)
DEVELOP ALTERNATIVE ATTITUDES  FOR THOSE ATTITUDES
CONTRIBUTING TO AGGRESSIVE  DRIVING  BEHAVIOR  AND
(3) EMPHASIZE THE  NEED  TO  PRACTICE SAFE DRIVING
BEHAVIOR. THE RETRAINING  PROGRAM shall be offered
by the Department  of  Motor  Vehicles  or  by any
other  organization  conducting   such  a  program
certified by the  commissioner.  The  commissioner
shall notify such  operator,  in  writing, of such
requirement. A fee  of not more than [fifty] SIXTY
dollars  shall  be   charged  for  the  retraining
program.  The  commissioner,   after   notice  and
opportunity for hearing,  may  suspend  the  motor
vehicle operator's license  of  any  such operator
who fails to  attend  or successfully complete the
program until the  operator successfully completes
the program. The  hearing  shall be limited to any
claim of impossibility  of  the operator to attend
the retraining program,  or  to a determination of
mistake or misidentification.
    (b) THE COMMISSIONER,  AFTER  NOTIFICATION  OF
AND APPROVAL BY  THE  SECRETARY  OF  THE OFFICE OF
POLICY AND MANAGEMENT,  MAY DEDUCT AND RETAIN FROM
THE FEES COLLECTED  IN  ACCORDANCE WITH SUBSECTION
(a) OF THIS  SECTION,  AN AMOUNT NOT TO EXCEED TEN
DOLLARS PER FEE,  FOR THE COST OF IMPLEMENTING THE
MOTOR VEHICLE RETRAINING  PROGRAM  ESTABLISHED  IN
SUBSECTION (a) OF THIS SECTION.
    [(b)]  (c)  The   commissioner   shall   adopt
regulations  in  accordance  with  chapter  54  to
implement   the   provisions    of    [subsection]
SUBSECTIONS (a) AND (b) of this section.
    Sec. 13. Subsection  (b)  of section 14-111 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  (1) Whenever  the  holder  of  any  motor
vehicle operator's license  has  been convicted or
has forfeited any  bond  taken  or  has received a
suspended judgment or  sentence  for  any  of  the
following  violations,  the   commissioner  shall,
without hearing, suspend his operator's license as
follows: For a  first  violation of subsection (a)
of section 14-224  or  section  14-110,  14-215 or
53a-119b, for a  period  of not less than one year
and, for a  subsequent  violation  thereof,  for a
period  of  not   less  than  five  years;  for  a
violation of subsection (a) of section 14-222, for
a period of  not  less  than  thirty days nor more
than ninety days  and,  for a subsequent violation
thereof, for a  period  of  not  less  than ninety
days; for a first violation of section 14-145, for
a period of  not  less  than six months and, for a
subsequent violation thereof,  for a period of not
less  than  five   years;   for   a  violation  of
subsection (b) of  section 14-224, for a period of
not less than  ninety  days; for a first violation
of subsection (b)  of section 14-147, for a period
of not less than ninety days and, for a subsequent
violation thereof, for  a  period of not less than
five years; for  a  first  violation of subsection
(c) of section  14-147,  for  a period of not less
than thirty days  and,  for a subsequent violation
thereof, for a period of not less than one year.
    (2) THE COMMISSIONER  MAY  SUSPEND  THE  MOTOR
VEHICLE OPERATOR'S LICENSE  OF  ANY PERSON (A) WHO
WAS ARRESTED FOR  A FELONY, AND (B) FOR WHOM THERE
IS AN OUTSTANDING WARRANT FOR REARREST FOR FAILING
TO APPEAR WHEN  LEGALLY CALLED WITH REGARD TO SUCH
FELONY. THE SUSPENSION  SHALL  TERMINATE  NO LATER
THAN THE DATE  ON WHICH SUCH PERSON APPEARS BEFORE
THE COURT WITH  REGARD  TO  SUCH  FELONY  OR  SUCH
FAILURE TO APPEAR.
    Sec.  14.  Section   13a-111  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The party bound  to  maintain  any  bridge  or
highway  shall erect  and  maintain  a  sufficient
railing or fence  on  the sides of such bridge and
on the sides  of such parts of such road as are so
made or raised  above  the  ground as to be unsafe
for  travel. [The  commissioner  shall  promulgate
regulations  containing]  THE  specifications  for
railings or fences  on  state  highways or bridges
required to be  erected and maintained pursuant to
this section [and  a  railing  or  fence] SHALL BE
constructed equal to,  or  better than, [said] THE
CURRENT specifications and  POLICIES  APPROVED  BY
THE  COMMISSIONER  OF   TRANSPORTATION   FOR   THE
INSTALLATION   AND   MAINTENANCE    OF    ROADSIDE
APPURTENANCES.  A  RAILING   OR   FENCE   THAT  IS
reasonably  maintained under  said  specifications
shall be deemed sufficient under the provisions of
this section.
    Sec.  15.  Section   15-11a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  Any  owner,  agent  or  operator  of  any
vessel,   scow,  lighter   or   similar   floating
structure lying within  the limits of any river or
harbor who [,  without  first  obtaining  a permit
from the Commissioner  of  Transportation pursuant
to subsection (b)  of  this  section,]  causes  or
permits the same  to  be broken or altered to such
an  extent that  it  will  not  keep  afloat  with
ordinary care, or grounds such craft or leaves any
part thereof in  any  river  or  harbor,  shall be
fined  not  more  than  five  hundred  dollars  or
imprisoned not more  than  six  months or both and
[said    commissioner]   THE    COMMISSIONER    OF
TRANSPORTATION  may  cause   such   vessel,  scow,
lighter  or  similar   floating  structure  to  be
removed at the  expense  of  such  owner, agent or
operator  and may  recover  the  expense  of  such
removal,  together with  the  costs  and  expenses
incident to such removal, including legal expenses
and court costs  incurred  in  such recovery, from
the owner, agent  or operator of such vessel in an
action   founded   upon    this   section.   After
consultation    with    the     Commissioner    of
Transportation, the Commissioner  of Environmental
Protection  may  consider   any   such  sunken  or
grounded   vessel,  scow,   lighter   or   similar
structure to be  an  encroachment  subject  to the
provisions  of  sections   22a-359   to   22a-363,
inclusive.
    (b) The [commissioner  shall  establish  a fee
for permits issued  pursuant  to subsection (a) of
this section to  defray the costs of administering
this   section   and    shall]   COMMISSIONER   OF
TRANSPORTATION MAY require the [applicant for such
permit] OWNER, AGENT  OR  OPERATOR  to  furnish  a
performance bond in  an amount sufficient to cover
the estimated costs  of  removal  as determined by
the commissioner.
    Sec.  16.  Section   14-99h   of  the  general
statutes, as amended  by  section 13 of public act
97-236, is amended  by adding subsections (c), (d)
and (e) as follows:
    (NEW) (c) A  motor vehicle dealer, licensed in
accordance   with  section   14-52   and   meeting
qualifications  established by  the  commissioner,
may verify a manufacturer's vehicle identification
number to satisfy  any  provision  requiring  such
verification in chapter  246,  246a  or  247. Such
verification  shall  be   provided  in  a  written
affidavit signed by  such  a motor vehicle dealer,
or   his   designee,    and   submitted   to   the
commissioner.  Such  affidavit   shall  contain  a
statement   that   the    manufacturer's   vehicle
identification number corresponds  to  such number
(1)   on   the    manufacturer's   or   importer's
certificate of origin,  if  the  motor  vehicle is
new, or (2) on a current certificate of title, for
all  other vehicles.  Such  affidavit  shall  also
contain    a   statement    that    the    vehicle
identification  number  has  not  been  mutilated,
altered or removed.
    (NEW) (d) Any  person violating the provisions
of  subsection  (c)  of  this  section,  shall  be
subject  to  the  penalties  of  false  statement,
provided for in sections 14-110 and 53a-157b.
    (NEW)   (e)   The   commissioner   may   adopt
regulations, in accordance  with  chapter  54,  to
implement the provisions of this section.
    Sec. 17. Subsection  (c) of section 14-164c of
the general statutes,  as  amended by section 1 of
public act 97-82  and  section  15  of  public act
97-236,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (c) The commissioner  shall  adopt regulations
in accordance with  chapter  54  to  implement the
provisions of this section. Such regulations shall
include  provision  for   a   periodic   emissions
inspection and compliance  or  waiver with exhaust
emission standards, air  pollution  control system
integrity  standards and  purge  system  standards
defined  by  the   Commissioner  of  Environmental
Protection for all  motor  vehicles  registered or
which will be registered in this state except: (1)
Vehicles having a  gross  weight  of more than ten
thousand   pounds;   (2)   vehicles   powered   by
electricity; (3) bicycles  with  motors  attached;
(4) motorcycles; (5)  vehicles  operating  with  a
temporary registration; (6)  vehicles manufactured
before the 1968  model  year;  (7) new vehicles at
the time of  initial  registration;  (8)  vehicles
registered but not  designed primarily for highway
use; (9) farm  vehicles,  as defined in subsection
(q)  of  section  14-49;  (10)  antique,  rare  or
special interest motor  vehicles,  as  defined  in
section 14-1; (11)  diesel-powered  type II school
buses;  (12) A  VEHICLE  OPERATED  BY  A  LICENSED
DEALER OR REPAIRER EITHER TO OR FROM A LOCATION OF
THE PURCHASE OR  SALE  OF  SUCH VEHICLE OR FOR THE
PURPOSE  OF OBTAINING  AN  OFFICIAL  EMISSIONS  OR
SAFETY INSPECTION. The  commissioner  may  require
emissions  inspection  and  compliance  or  waiver
prior to completion  of  the sale and registration
of a motor  vehicle  over  one  year  old.  If the
Commissioner  of  Environmental  Protection  finds
that it is  necessary  to  inspect  motor vehicles
which are exempt  under  subdivision  (1)  of this
subsection in order  to  achieve  compliance  with
federal   law   concerning    emission   reduction
requirements, the Commissioner  of  Motor Vehicles
may  adopt regulations,  in  accordance  with  the
provisions  of  chapter   54,   to   require   the
inspection  of  motorcycles  or  designated  motor
vehicles having a  gross  weight  of more than ten
thousand pounds.
    Sec.  18.  Section   14-62   of   the  general
statutes, as amended  by  section  1 of public act
97-51,   is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) Each sale  shall  be evidenced by an order
properly signed by  both  the  buyer and seller, a
copy of which shall be furnished to the buyer when
executed, and an  invoice  upon  delivery  of  the
motor vehicle, both  of  which  shall  contain the
following information: (1)  Make  of  vehicle; (2)
year of model, whether sold as new or used, and on
invoice the identification  number;  (3)  deposit,
and (A) if  the  deposit  is  not  refundable, the
words "No Refund  of Deposit" shall appear at this
point, and (B)  if  the  deposit  is conditionally
refundable,  the  words   "Conditional  Refund  of
Deposit" shall appear at this point, followed by a
statement giving the  conditions  for  refund, and
(C) if the  deposit is unconditionally refundable,
the words "Unconditional  Refund"  shall appear at
this point; (4)  cash  selling  price; (5) finance
charges, and (A)  if  these charges do not include
insurance, the words  "No  Insurance" shall appear
at this point,  and  (B)  if these charges include
insurance, a statement  shall appear at this point
giving the exact  type  of coverage; (6) allowance
on  motor  vehicle   traded   in,   if   any,  and
description of the same; (7) stamped or printed in
a size equal  to  at  least ten-point bold type on
the face of  both  order  and  invoice  one of the
following  forms:  (A)  "This  motor  vehicle  not
guaranteed",  or  (B)   "This   motor  vehicle  is
guaranteed", followed by  a  statement  as  to the
terms of such guarantee, which statement shall not
apply to household furnishings of any trailer; (8)
if the motor  vehicle  is new but has been subject
to use by the seller or use in connection with his
business  as a  dealer,  the  word  "demonstrator"
shall be clearly  displayed  on  the  face of both
order and invoice;  (9)  ANY DEALER CONVEYANCE FEE
OR PROCESSING FEE AND A STATEMENT THAT SUCH FEE IS
NOT PAYABLE TO THE STATE OF CONNECTICUT PRINTED IN
AT LEAST TEN-POINT  BOLD  TYPE ON THE FACE OF BOTH
ORDER  AND  INVOICE.  FOR  THE  PURPOSES  OF  THIS
SUBDIVISION,    "DEALER   CONVEYANCE    FEE"    OR
"PROCESSING FEE" MEANS  A  FEE CHARGED BY A DEALER
TO RECOVER REASONABLE  COSTS  FOR  PROCESSING  ALL
DOCUMENTATION AND PERFORMING  SERVICES  RELATED TO
THE CLOSING OF  A SALE, INCLUDING, BUT NOT LIMITED
TO, THE REGISTRATION  AND TRANSFER OF OWNERSHIP OF
THE MOTOR VEHICLE  WHICH  IS  THE  SUBJECT  OF THE
SALE.
    (b) No dealer  shall  include  in  the selling
price a dealer  preparation charge for any item or
service  for  which   he   is  reimbursed  by  the
manufacturer   or  any   item   or   service   not
specifically ordered by  the buyer and itemized on
the invoice.
    (c)  EACH  DEALER   SHALL  PROVIDE  A  WRITTEN
STATEMENT TO THE  BUYER  OR  PROMINENTLY DISPLAY A
SIGN IN THE AREA OF HIS PLACE OF BUSINESS IN WHICH
SALES  ARE  NEGOTIATED  WHICH  SHALL  SPECIFY  THE
AMOUNT OF ANY CONVEYANCE OR PROCESSING FEE CHARGED
BY SUCH DEALER,  THE  SERVICES  PERFORMED  BY  THE
DEALER FOR SUCH  FEE, THAT SUCH FEE IS NOT PAYABLE
TO THE STATE OF CONNECTICUT AND THAT THE BUYER MAY
ELECT,   WHERE   APPROPRIATE,    TO   SUBMIT   THE
DOCUMENTATION REQUIRED FOR  THE  REGISTRATION  AND
TRANSFER OF OWNERSHIP  OF  THE MOTOR VEHICLE WHICH
IS THE SUBJECT  OF THE SALE TO THE COMMISSIONER OF
MOTOR VEHICLES, IN  WHICH  CASE  THE  DEALER SHALL
REDUCE SUCH FEE  BY  A  PROPORTIONAL  AMOUNT.  THE
COMMISSIONER OF MOTOR VEHICLES SHALL DETERMINE THE
SIZE,   TYPEFACE   AND    ARRANGEMENT    OF   SUCH
INFORMATION.
    [(c)]  (d)  No   dealer   licensed  under  the
provisions of section  14-52  shall  sell any used
motor vehicle without  furnishing to the buyer, at
the time of  sale,  a  valid certificate of title,
the  assignment and  warranty  of  title  by  such
dealer  or  other  evidence  of  title  issued  by
another  state  or   country,   where  applicable,
disclosing the existence  of  any  lien,  security
interest in or other encumbrance on the vehicle.
    [(d)] (e) The  provisions  of subsection [(c)]
(d) of this section shall not apply to the sale of
any used motor  vehicle  by  a new car dealer to a
person, firm or  corporation  which, pursuant to a
lease contract option,  purchases  such vehicle at
the  end of  the  lease  term  provided  (1)  such
vehicle is registered  in this state in accordance
with the provisions  of  section 14-12, AS AMENDED
BY THIS ACT, (2) the certificate of title for such
vehicle is in  the possession of a lessor licensed
under  the  provisions   of   section  14-15,  (3)
subsequent  to  such   sale,   such   vehicle   is
registered in the name of the prior lessee and (4)
such dealer obtains  the certificate of title from
such lessor and  transmits all necessary documents
and fees to  the  commissioner not later than five
days following the  issuance  of  a  motor vehicle
registration for such vehicle.
    Sec. 19. Subsection  (a)  of section 14-62a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) No [new  car dealer, as defined by section
14-51,] DEALER LICENSED  UNDER  THE  PROVISIONS OF
SECTION 14-52 shall  advertise  the  price  of any
motor vehicle unless  the  stated  price  in  such
advertisement includes the  federal  tax, the cost
of  delivery, dealer  preparation  and  any  other
charges   of  any   nature,   except   THAT   SUCH
ADVERTISEMENT SHALL STATE  IN AT LEAST EIGHT-POINT
BOLD  TYPE THAT  any  state  or  local  tax,  [or]
registration  fees OR  DEALER  CONVEYANCE  FEE  OR
PROCESSING FEE, AS  DEFINED  IN  SUBSECTION (a) OF
SECTION 14-62, AS AMENDED BY THIS ACT, IS EXCLUDED
FROM SUCH STATED PRICE.
    Sec.  20.  Section   14-227b  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Any person who operates a motor vehicle in
this state shall  be  deemed  to  have  given  his
consent  to a  chemical  analysis  of  his  blood,
breath or urine  and,  if  said person is a minor,
his parent or  parents  or  guardian shall also be
deemed to have given his consent.
    (b) If any  such  person,  having  been placed
under arrest for  operating  a motor vehicle while
under the influence  of intoxicating liquor or any
drug or both  or while his ability to operate such
motor vehicle is  impaired  by  the consumption of
intoxicating liquor, and  thereafter,  after being
apprised of his constitutional rights, having been
requested to submit  to  a  blood, breath or urine
test at the  option  of the police officer, having
been   afforded  a   reasonable   opportunity   to
telephone an attorney  prior to the performance of
such  test  and  having  been  informed  that  his
license or nonresident  operating privilege may be
suspended in accordance  with  the  provisions  of
this section if  he refuses to submit to such test
or if he  submits  to such test and the results of
such test indicate  that  the  ratio of alcohol in
his blood was  ten-hundredths  of  one per cent or
more of alcohol,  by  weight, and that evidence of
any such refusal shall be admissible in accordance
with subsection (f)  of section 14-227a and may be
used  against him  in  any  criminal  prosecution,
refuses to submit to the designated test, the test
shall  not  be  given;  provided,  if  the  person
refuses or is  unable  to  submit to a blood test,
the police officer  shall  designate the breath or
urine test as  the  test  to  be taken. The police
officer shall make  a notation upon the records of
the police department  that he informed the person
that   his  license   or   nonresident   operating
privilege may be suspended if he refused to submit
to such test  or  if he submitted to such test and
the results of  such test indicated that the ratio
of alcohol in  his blood was ten-hundredths of one
per cent or more of alcohol, by weight.
    (c) If the  person  arrested refuses to submit
to such test  or  analysis or submits to such test
or analysis, commenced  within  two  hours  of the
time of operation, and the results of such test or
analysis indicate that the ratio of alcohol in the
blood of such  person is ten-hundredths of one per
cent or more  of  alcohol,  by  weight, the police
officer, acting on  behalf  of the Commissioner of
Motor Vehicles, shall  immediately revoke and take
possession of the motor vehicle operator's license
or, if such  person  is a nonresident, suspend the
nonresident operating privilege  of  such  person,
for a twenty-four-hour  period  and  shall issue a
temporary   operator's  license   or   nonresident
operating privilege to  such  person valid for the
period commencing twenty-four hours after issuance
and ending thirty  days after the date such person
received  notice  of  his  arrest  by  the  police
officer.  The  police   officer  shall  prepare  a
written report of  the incident and shall mail the
report  together with  a  copy  of  the  completed
temporary  license form,  any  operator's  license
taken into possession and a copy of the results of
any chemical test or analysis to the Department of
Motor Vehicles within  three  business  days.  The
report shall be  made  on  a  form approved by the
Commissioner  of  Motor   Vehicles  and  shall  be
subscribed and sworn  to  under  penalty  of false
statement as provided  in  section 53a-157b by the
arresting officer. If  the person arrested refused
to submit to  such  test  or  analysis, the report
shall be endorsed  by a third person who witnessed
such  refusal. The  report  shall  set  forth  the
grounds for the  officer's  belief  that there was
probable cause to arrest such person for operating
a  motor vehicle  while  under  the  influence  of
intoxicating liquor or  any  drug or both or while
his  ability to  operate  such  motor  vehicle  is
impaired  by  the   consumption   of  intoxicating
liquor,  and shall  state  that  such  person  had
refused to submit  to  such  test or analysis when
requested by such  police officer to do so or that
such person submitted  to  such  test or analysis,
commenced  within  two   hours   of  the  time  of
operation,  and  the   results  of  such  test  or
analysis indicated that  the  ratio  of alcohol in
the blood of such person was ten-hundredths of one
per cent or more of alcohol, by weight.
    (d) IF THE  PERSON ARRESTED SUBMITS TO A BLOOD
OR  URINE  TEST  AT  THE  REQUEST  OF  THE  POLICE
OFFICER,  AND  THE  SPECIMEN  REQUIRES  LABORATORY
ANALYSIS IN ORDER  TO OBTAIN THE TEST RESULTS, THE
POLICE OFFICER SHALL  NOT  TAKE  POSSESSION OF THE
MOTOR VEHICLE OPERATOR'S  LICENSE  OF  SUCH PERSON
OR, EXCEPT AS  PROVIDED IN THIS SUBSECTION, FOLLOW
THE PROCEDURES SUBSEQUENT  TO TAKING POSSESSION OF
THE OPERATOR'S LICENSE  AS SET FORTH IN SUBSECTION
(c) OF THIS  SECTION. IF THE TEST RESULTS INDICATE
THAT THE RATIO  OF  ALCOHOL  IN  THE BLOOD OF SUCH
PERSON WAS TEN-HUNDREDTHS  OF ONE PER CENT OR MORE
OF  ALCOHOL,  BY   WEIGHT,   THE  POLICE  OFFICER,
IMMEDIATELY  UPON RECEIPT  OF  THE  TEST  RESULTS,
SHALL NOTIFY THE  COMMISSIONER  OF  MOTOR VEHICLES
AND SUBMIT TO  THE COMMISSIONER THE WRITTEN REPORT
REQUIRED  PURSUANT  TO   SUBSECTION  (c)  OF  THIS
SECTION.
    [(d)] (e) Upon  receipt  of  such  report, the
Commissioner of Motor  Vehicles  may  suspend  any
license or nonresident operating privilege of such
person effective as  of a date certain, which date
shall be not later than thirty days after the date
such person received  notice  of his arrest by the
police  officer.  Any   person  whose  license  or
operating   privilege  has   been   suspended   in
accordance    with    this     subsection    shall
automatically be entitled  to a hearing before the
commissioner to be  held  prior  to  the effective
date of the  suspension.  The  commissioner  shall
send a suspension  notice to such person informing
such  person  that   his   operator's  license  or
nonresident operating privilege is suspended as of
a date certain  and  that  he  is  entitled  to  a
hearing  prior  to   the  effective  date  of  the
suspension  and  may   schedule  such  hearing  by
contacting the Department  of  Motor  Vehicles not
later than seven days after the date of mailing of
such suspension notice.
    [(e)] (f) If  such person does not contact the
department to schedule a hearing, the commissioner
shall  affirm  the  suspension  contained  in  the
suspension  notice  for   the  appropriate  period
specified in subsection [(h)] (i) of this section.
    [(f)]  (g)  If   such   person   contacts  the
department to schedule  a  hearing, the department
shall  assign a  date,  time  and  place  for  the
hearing,  which  date   shall   be  prior  to  the
effective date of  the  suspension. At the request
of such person  or  the hearing officer and upon a
showing of good  cause, the commissioner may grant
one continuance for a period not to exceed fifteen
days.   If   a   continuance   is   granted,   the
commissioner  shall extend  the  validity  of  the
temporary   operator's  license   or   nonresident
operating privilege issued  pursuant to subsection
(c) of this section for a period not to exceed the
period of such  continuance.  The hearing shall be
limited  to  a   determination  of  the  following
issues: (1) Did  the  police officer have probable
cause to arrest  the  person for operating a motor
vehicle while under  the influence of intoxicating
liquor or drug  or  both  or  while his ability to
operate such motor  vehicle  was  impaired  by the
consumption of intoxicating  liquor;  (2) was such
person placed under  arrest;  (3)  did such person
refuse to submit  to  such test or analysis or did
such  person submit  to  such  test  or  analysis,
commenced  within  two   hours   of  the  time  of
operation,  and  the   results  of  such  test  or
analysis indicated that  the  ratio  of alcohol in
the blood of such person was ten-hundredths of one
per cent or  more  of  alcohol, by weight; and (4)
was such person  operating  the  motor vehicle. In
the hearing, the  results  of the test or analysis
shall  be sufficient  to  indicate  the  ratio  of
alcohol in the blood of such person at the time of
operation,  except that  if  the  results  of  the
additional test indicate that the ratio of alcohol
in the blood  of  such person is twelve-hundredths
of one per cent or less of alcohol, by weight, and
is higher than  the  results  of  the  first test,
evidence shall be presented that demonstrates that
the test results  and  analysis thereof accurately
indicate the blood  alcohol content at the time of
operation. The fees  of  any  witness  summoned to
appear  at  the  hearing  shall  be  the  same  as
provided by the  general statutes for witnesses in
criminal cases.
    [(g)]  (h)  If,   after   such   hearing,  the
commissioner finds on  any  one of the said issues
in the negative,  the commissioner shall reinstate
such license or  operating  privilege.  If,  after
such hearing, the  commissioner  does  not find on
any one of  the  said issues in the negative or if
such person fails  to  appear at such hearing, the
commissioner shall affirm the suspension contained
in  the  suspension  notice  for  the  appropriate
period specified in  subsection  [(h)] (i) of this
section. The commissioner  shall render a decision
at the conclusion of such hearing or send a notice
of his decision  by  bulk  certified  mail to such
person  not  later  than  thirty  days  or,  if  a
continuance is granted,  not later than forty-five
days from the  date such person received notice of
his arrest by  the  police  officer. The notice of
such  decision  sent  by  certified  mail  to  the
address of such  person as shown by the records of
the commissioner shall  be  sufficient  notice  to
such  person  that   his   operator's  license  or
nonresident operating privilege  is  reinstated or
suspended,  as  the   case   may   be.   Unless  a
continuance of the  hearing is granted pursuant to
subsection  [(f)] (g)  of  this  section,  if  the
commissioner fails to  render  a  decision  within
thirty days from  the  date  such  person received
notice of his  arrest  by  the police officer, the
commissioner   shall   reinstate   such   person's
operator's   license  or   nonresident   operating
privilege,    provided    notwithstanding     such
reinstatement  the  commissioner   may   render  a
decision  not  later   than  two  days  thereafter
suspending such operator's  license or nonresident
operating privilege.
    [(h)] (i) The  commissioner  shall suspend the
operator's   license  or   nonresident   operating
privilege,  and revoke  the  temporary  operator's
license or nonresident  operating privilege issued
pursuant to subsection  (c)  of this section, of a
person  who did  not  contact  the  department  to
schedule a hearing,  who  failed  to  appear  at a
hearing or against  whom,  after  a  hearing,  the
commissioner held pursuant to subsection [(g)] (h)
of  this  section,   as   of  the  effective  date
contained in the suspension notice or the date the
commissioner renders his  decision,  whichever  is
later, for a  period  of:  (1) (A) Ninety days, if
such person submitted  to  a  test or analysis and
the results of  such  test  or  analysis indicated
that the ratio  of  alcohol  in  the blood of such
person was ten-hundredths  of one per cent or more
of alcohol, by  weight,  or (B) six months if such
person refused to submit to such test or analysis,
(2) one year if such person has previously had his
operator's   license  or   nonresident   operating
privilege suspended under  this  section,  and (3)
two years if  such  person  has  two or more times
previously   had   his   operator's   license   or
nonresident  operating privilege  suspended  under
this section.
    (j)   NOTWITHSTANDING   THE    PROVISIONS   OF
SUBSECTIONS  (b)  TO   (i),   INCLUSIVE,  OF  THIS
SECTION,  ANY  POLICE   OFFICER  WHO  OBTAINS  THE
RESULTS OF A  CHEMICAL  ANALYSIS OF A BLOOD SAMPLE
TAKEN FROM AN OPERATOR OF A MOTOR VEHICLE INVOLVED
IN AN ACCIDENT  WHO SUFFERED OR ALLEGEDLY SUFFERED
PHYSICAL INJURY IN  SUCH ACCIDENT SHALL NOTIFY THE
COMMISSIONER OF MOTOR  VEHICLES  AND SUBMIT TO THE
COMMISSIONER  A WRITTEN  REPORT  IF  SUCH  RESULTS
INDICATE THAT THE RATIO OF ALCOHOL IN THE BLOOD OF
SUCH PERSON WAS  TEN-HUNDREDTHS OF ONE PER CENT OR
MORE OF ALCOHOL, BY WEIGHT, AND IF SUCH PERSON WAS
ARRESTED  FOR  VIOLATION  OF  SECTION  14-227a  IN
CONNECTION WITH SUCH ACCIDENT. THE REPORT SHALL BE
MADE  ON  A  FORM  APPROVED  BY  THE  COMMISSIONER
CONTAINING SUCH INFORMATION  AS  THE  COMMISSIONER
PRESCRIBES, AND SHALL  BE  SUBSCRIBED AND SWORN TO
UNDER PENALTY OF  FALSE  STATEMENT, AS PROVIDED IN
SECTION  53a-157b,  BY  THE  POLICE  OFFICER.  THE
COMMISSIONER MAY, AFTER  NOTICE AND AN OPPORTUNITY
FOR  HEARING,  WHICH   SHALL   BE   CONDUCTED   IN
ACCORDANCE  WITH CHAPTER  54,  SUSPEND  THE  MOTOR
VEHICLE   OPERATOR'S   LICENSE    OR   NONRESIDENT
OPERATING PRIVILEGE OF SUCH PERSON FOR A PERIOD OF
UP  TO  NINETY   DAYS,  OR,  IF  SUCH  PERSON  HAS
PREVIOUSLY   HAD   HIS   OPERATOR'S   LICENSE   OR
NONRESIDENT  OPERATING PRIVILEGE  SUSPENDED  UNDER
THIS SECTION FOR  A PERIOD OF UP TO ONE YEAR. EACH
HEARING CONDUCTED UNDER  THIS  SUBSECTION SHALL BE
LIMITED  TO  A   DETERMINATION  OF  THE  FOLLOWING
ISSUES:  (1)  WHETHER   THE   POLICE  OFFICER  HAD
PROBABLE CAUSE TO  ARREST THE PERSON FOR OPERATING
A  MOTOR VEHICLE  WHILE  UNDER  THE  INFLUENCE  OF
INTOXICATING LIQUOR OR  DRUG  OR BOTH OR WHILE THE
PERSON'S ABILITY TO  OPERATE THE MOTOR VEHICLE WAS
IMPAIRED  BY  THE   CONSUMPTION   OF  INTOXICATING
LIQUOR; (2) WHETHER  SUCH  PERSON WAS PLACED UNDER
ARREST; (3) WHETHER  SUCH PERSON WAS OPERATING THE
MOTOR VEHICLE; (4)  WHETHER  THE  RESULTS  OF  THE
ANALYSIS OF THE BLOOD OF SUCH PERSON INDICATE THAT
THE RATIO OF  ALCOHOL  IN  SUCH PERSON'S BLOOD WAS
TEN-HUNDREDTHS OF ONE PER CENT OR MORE OF ALCOHOL,
BY WEIGHT; AND  (5)  WHETHER  THE BLOOD SAMPLE WAS
OBTAINED  IN  ACCORDANCE   WITH   CONDITIONS   FOR
ADMISSIBILITY AND COMPETENCE  AS  EVIDENCE  AS SET
FORTH IN SUBSECTION  (1)  OF  SECTION 14-227a. IF,
AFTER SUCH HEARING,  THE COMMISSIONER FINDS ON ANY
ONE  OF THE  SAID  ISSUES  IN  THE  NEGATIVE,  THE
COMMISSIONER SHALL NOT  IMPOSE  A  SUSPENSION. THE
FEES OF ANY  WITNESS  SUMMONED  TO  APPEAR  AT THE
HEARING SHALL BE  THE  SAME  AS  PROVIDED  BY  THE
GENERAL STATUTES FOR  WITNESSES IN CRIMINAL CASES,
AS PROVIDED IN SECTION 52-260.
    [(i)] (k) The provisions of this section shall
apply with the  same  effect to the refusal by any
person to submit to an additional chemical test as
provided in subdivision  (5)  of subsection (c) of
section 14-227a.
    [(j)] (l) The provisions of this section shall
not apply to  any  person whose physical condition
is  such  that,  according  to  competent  medical
advice, such test would be inadvisable.
    [(k)] (m) The  state  shall pay the reasonable
charges of any  physician who, at the request of a
municipal police department,  takes a blood sample
for purposes of  a  test  under  the provisions of
this section.
    [(l)] (n) The  Commissioner  of Motor Vehicles
shall adopt regulations in accordance with chapter
54 to implement the provisions of this section.
    Sec. 21. Sections  13a-123a, 13b-20l, 13b-38f,
13b-345b and 14-296d  of  the general statutes are
repealed.
    Sec. 22. This  act  shall  take effect July 1,
1998, except that  section  20  shall  take effect
January 1, 1999.

Approved June 4, 1998